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Res 51-14 EITY OF OIELRRY BEACH I IR BEACH I CITY CLERK 1170 N.W. 1st AVENUE DELRAY BEACH, FLORIDA 33444 561/243-7000 kcftd All-America City I cP� 1993 CERTIFICATION 2001 I, CHEVELLE D. NUBIN, MMC, City Clerk of the City of Delray Beach, do hereby certify that the attached document is a true and correct copy of Resolution No. 51-14, as the same was passed and adopted by the Delray Beach City Commission in regular session on the 16th day of September 2014. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Delray Beach, Florida, on this the 24th day of September, 2014. Chevelle D. Nubin, MMC City Clerk City of Delray Beach, Florida (SEAL) SERVICE • PERFORMANCE • INTEGRITY • RE5PONSIBLE • INNOVATIVE • TEAMWORK I I RESOLUTION NO.51-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE 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 MF,THOD FOR THIS AMENDMENT ONE TO THE TEMPORARY CONTINUATION OF SERVICES AGREEMENT 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 I 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 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. 502013CA011392);and WHEREAS, on March 28, 2014, the Honorable Judge Meenu Sasser issued an Order granting the City's Motion far Summary-Judgment declaring that the eight year extension of the Franchise Agreement is void because it violated the City's Procurement Code;and WHEREAS, on May 9, 2014 the City and WNI entered into the Continuity of Services and Setdement 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 practtc-A or cost effective due to the City's ixruuediate need for the Services and the City's forthcoming engagement in a competitive solicitation for the cullgcdch 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 I. That the foregoing"WHEREAS" clauses are ratified and confirmed as being tme and correct factual findings and are made a specific part of this Resolution. Section2. 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 Atnendinent One to the 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 Amendment One to 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 tape effect immediately upon adoption. PASSED AND ADOPTED this I fit{day of e� YOR ATTEST: City Clerk i z Res No. 51-14 AMENDMENT NO. 1 TO THE INTERIM SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WASTE MANAGEMENT INC. OF FLORIDA THIS AMENDMENT NO. 1 ("Amendment") to the Interim Service Agreement ("Agreement") dated May 9, 2014, is entered into this day of , 2014, by and between the CITY OF DELRAY BEACH ("City") and Waste Management Inc. of Florida ("WM"). WITNESSETH: WHEREAS, the Parties acknowledge and agree that the Agreement between the Parties is in full force and effect and that this Amendment merely supplements said Agreement; and WHEREAS, the Parties are mutually agreeable to extend the Extension Period until May 31, 2015 as provided for herein. NOW, THEREFORE, in exchange for the mutual covenants and promises set forth herein, the Parties agree as follows: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 2, "Interim Service" shall be amended as follows: 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, at the sole option of City, until May 31, 2015, by providing written notice to WM at least thirty (30) days prior to the expiration of the Interim Service Period (the "Extension Period"). The City may terminate the Agreement at any time during the Extension Period by providing WM ninety (90) days prior written notice. Any notices required by City pursuant to this Section may be given by City through its City Manager. 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: 3. All other terms and conditions of the Agreement not expressly modified by this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above written. ATTEST: CITY OF D A ACH, FLORIDA By: zz City Clerk piny D. Glickstein, Mayor Appro ed s to Form: k0l_ City Attorney WITNESSES: WASTE MANAGEMENT INC. OF FLORIDA, a Florida corpo ation By: Name: (P'rinf or Type Name) TitleTIVIOTHY S. HAWKINS, PRESIDENT Uo- (Tt'�' ;(ea (Print or Type Name) STATE OF FLORIDA COUNTY OF BRCOA'RD 2 The foregoing instrument was acknowledged before me this day of 2014, bT)M-0THY B. HAWKINS, PRESIDENT(name of officer or agent, title of officer or agent) of wAsTE MANAGEMENT INC.OF FLORIDA (name of corporation acknowledging), a A IA (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Pu Ic - State of Florida SUSAN CHRISTA JOHNSON * * MY COMMISSION$FF 065349 EXPIRES;January 29,2018 .11,6m�'�� BonoMru Budget Notary Services 3 Coversheet Page 1 of 2 MEMORANDUM TO: Mayor and City Commissioners FROM: Jack Warner, Chief Financial Officer THROUGH: Terry Stewart, Interim City Manager DATE: September 5, 2014 SUBJECT: AGENDA ITEM 9.G. - REGULAR COMMISSION MEETING OF SEPTEMBER 16, 2014 RESOLUTION NO. 51-14: AMENDMENT NO. 1 TO 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. 511). 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. 502013CA011392, 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"). On May 9, 2014 the City and Waste Management entered into an 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. The City and Waste Management now desire to amend this Agreement by extending it through no later than May 31, 2015, with no other changes. http://agendas.mydd raybeach.com/BI uesheet.aspx?I teml D=8390&M eeti ngl D=523 9/24/2014 Coversheet Page 2 of 2 FINANCIAL DEPARTMENT REVIEW Finance recommends approval. TIMING OF THE REQUEST This item is time sensitive and should be processed expeditiously in order to ensure continuity of garbage collection services. http://agendas.mydel raybeach.com/BI uesheet.aspx?Iteml D=8390&M eeti ngl D=523 9/24/2014 RESOLUTION NO. 51-14 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, APPROVING AN AMENDMENT TO THE 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 THIS AMENDMENT ONE TO THE TEMPORARY CONTINUATION OF SERVICES AGREEMENT 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 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. 502013CA011392);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, on May 9, 2014 the City and WM entered 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 confirmed as being true and correct factual findings and are made 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 Amendment One to the 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 Amendment One to 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. PASSED AND ADOPTED this day of 2014. MAYOR ATTEST: City Clerk 2 Res No. 51-14 INTERIM SERVICE AGREEMENT THIS IS AN INTERIM SERVICE AGREEMENT ("Agreement") made and entered into this day of , 2014, by and between the City of Delray Beach, Florida, a political subdivision of the State 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 franchise agreement and Amendment Nos. 1-4 are attached and hereby incorporated into this Agreement as Exhibit"l", 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 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 Manager 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 H 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 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. Bus 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 64 containers X .15 cubic yards X 1 pickup per week X 52 weeks X $2.81 plus 6 containers X .9 cubic yards X 1 pickup per week X 52 weeks X$2.81 =$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 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 customer. I. Additional Indemnification. 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, WM's total obligation pursuant to this paragraph I 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. COMPLIANCE WITH LAWS. WM shall perform the Services under this Agreement in compliance with all applicable laws. 4 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 1 st Ave. Delray Beach,FL 33444 With a copy to: Jamie Alan Cole,Esq. Weiss Scrota Helf nan Pastoriza Cole &Boniske, P.L. 200 East Broward Blvd., Suite 1900 Fort Lauderdale,FL 3 33 01 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 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 1-9 of this Agreement shall control. 8. 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. [THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK] 6 INTERIM SERVICE AGREEMENT IN WITNESS WHEREOF,the parties hereto have executed this Agreement the day and year first written above. ATTEST: CITY OF DELRAY BEACH,FLORIDA, a Florida municipal corporation By: By: City Clerk Mayor Approved as to legal sufficiency and form By: City Attorney WITNESSES WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation By: SIGNATURE Print Name: Print Name Title: SIGNATURE Print Name 7 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me on , 2014, by as of Waste Management Inc. of Florida, a Florida corporation, on behalf of the corporation, who is personally known to me or who has produced as identification and did(did not)take an oath. NOTARY PUBLIC State of Florida at Large My commission expires: PRINTED Name of Notary 8 EXHIBIT LIST EXHIBIT "1" FRANCHISE AGREEMENT Original Franchise Agreement Amendment No. 1 Amendment No.2 Amendment No.3 Amendment No.4 EXHIBIT "2" APPROVED RATE SCHEDULE EXHIBIT "3" DELRAY BEACH BUS SHELTER LOCATIONS 9 EXHIBIT "1" FRANCHISE AGREEMENT 10 ii GIE .LLB \G N This Agreement is here the CITY OFD by made and entered into this f6 BFI Floats S s a BEACI� a municipal o day of 200I, between �` North America,i ration, (h�fte4xref"erred to as " hereinafter referred to as "Contractor"). City ) and In consideration of the mutual bend, the parties herein agree as follows: I• TERM: The term of this Agreement shall be for the period beginning September 30, 2006. This Ong October 1, 2001 Parties. Agreement's renewable for a five-year term upon approval of both 2• DEFMMONS: To the extent the definitions contained herein ca federal, state or local law, the definition herein shall with alsimilar defuxer,ns contained in any herein shall be interpreted to require the Contractor under However, nothin to federal, state or local law, undertake any conduct that giss contained contrary A• Authority shall mean the Solid Wage Authority ofPalm Beach C B- Biohazardays or Biomedical ounty. disease or reasonably e suspected wastes shall mean those wastes which may not limited to, w y ingfr of harboring pathogenic or Y cause ante resulting from the operation of medical organisms; the and other facilities producing wastes which may human and a� parts, cant �'consist oh but are not !united to, diseased needles,contaminated clothing bandages, pathological specimens, hypodermic g and surgical gloves. C• Bulk Trash shall bagged, or mean any non-vegetative item which bundled; including, cannot be containerized, refii g g but not limited to, inoperative and discarded gerators, ranges, toilets, pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles household Dods , and other similar domestic ' Vegetative Waste. There all be no Bulk Trash shall not be co appliances, mit for any item OfBul�rash. with D. Collection shall mean the process whereby solid waste(Garbage, Trash, Bulls Trash), Vegetative Waste or Recyclable Material is removed and transported to a Designated Facility. E. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the Contractor for entities within the City service area that are not serviced by a Residential Recycling Collection Service. F.. Commercial Solid Waste shall include any Garbage,Bulk Trash, Trash or Vegetative Waste that is not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, 'Trash or Bulls Trash with Vegetative Waste. G Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste within the City service area. Such service includes both Containers and Compactors,but does not include Roll-off Collection Services. H. Compactor shall mean any container that has an all inclusive compaction mechanism(s),whether stationary or mobile. 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, roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a structure as part of a construction or demolition project. Mixing of a small amount of waste other than C&D from the construction site will not automatically cause it to be classified as other than C&D. I Container shall mean and include any container designed or, intended to be, mechanically dumped into a loader packer type truck or recycling vehicle. All Containers must be of the specifications as designated by the Contract Administrator, in writing. K. Containerized Residential Recycling Collection Service shall mean the collection of Recyclable Materials by the Contractor from Dwelling Units in the Service Area that require the use of Containers for the collection of Recyclable Materials, which also receives Residential Collection Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling Facility. 1 Containerized Residential Solid Waste Collection Service shall mean solid waste collection service of all Dwelling Units whose Garbage; Trash, Bulk Trash or Vegetative Waste is collected by means of a central or shared Container and not by means of a Garbage Can, Vegetative Waste shall not be commingled with Garbage, - 2 - { Trash, or Bulk Trash, M. Contract shall mean this Agreement. N. Contractor shall mean that person or entity set out initially above that has entered into this Agreement to provide the services described herein for the City. O. Contract Administrator shall mean the person designated by the City who shall act as the City's representative during the term of this Agreement. This person shall be the Code Enforcement Administrator_ P. County shall mean Palm Beach County. Q. Curbside Residential Recycling Collection Service shall meant the collection of Recyclable Materials by the Contractor from all residential Dwelling Units in the City's service area. This service also includes the delivery of those Recyclable Materials to a Designated Facility. R. Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and Vegetative Waste Collection service for all Dwelling Units whose Garbage is collected by means of a rollout cart or bag at curbside or roadway. S. Designated Facility shall meant the City of Delray Beach transfer station that is leased to the Solid Waste Authority of Palm Beach County. T. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being utilized for residential living other than a licensed Hotel or Motel unit. U Fiscal Year shall mean the period between October 1 of a given year and September 30 of the following year during this Contract. V. Garbage shall mean all putrescible waste which generally includes, but is not limited to, kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection vehicle. Garbage shall not include any material that falls within the definition of Special Waste. 3 - W. Garbage Can shalt mean any commonly available light gauge steel, plastic, or galvanized receptacle of a non-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). This type container is used for rear-door collection. A Garbage Can is also defined as a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Such container including waste materials shall not exceed fifty (5.0) gallons in capacity or fifty (50) pounds in weight. This bag is used for curbside pickup in designated areas. A Garbage Can is also defined as a rollout cart presently used within the City for curbside service. This cast is presently 33 gallons, 65 gallons, or 95 gallons, The larger carts require a semi-automated collection system with specialized lifters mounted on collection vehicles. These lifters must meet the specifications of our rollout cart supplier. A cardboard box may also be used as a Garbage Can, provided the contents do not contain a level of moisture so as to saturate the box and weaken its walls. X. Hazardous Waste shat; mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law. Y. Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential living where such a unit or a group of such units is regularly rented to transients or held out or advertised to the public as a place regularly rented to transients for periods of seven days or less. To meet this definition, the Hotel or Motel must be licensed to operate as such_ "Transient" has the meaning as defined in Chapter 509, Florida Statutes(1987), or its successor law. Z. Materials Recycling Facility(MRF)shall mean any facilities operated or managed by, for or on behalf of the Authority for the purpose of receiving, sorting, processing, storing, and/or preparing Recyclable Materials for sale. AA. Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper,junk mail, notebook paper and any other clean paper products. BB. Peak Times shall mean the period between November 1 of a given year and April 30 of the following year,unless otherwise specified by the City. CC.' Public Awareness Program shall mean that program developed by the City to inform and encourage residential and commercial solid waste collection customers to use all solid waste and recycling collection services offered by the City through the Contract. It shall also mean information concerning level of service and changes in scope of service. 4 - DD. Rear-Door Residential Solid Waste Collection Service shall mean Residential Solid Waste service for all Dwelling Units whose Garbage is collected by means of a Garbage Can at the side or rear of a residence. This service will not include Bulk Trash, Vegetative Waste and recycling which is only serviced curbside. EE. Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass bottles and jars, milk and juice cartons, aseptic containers, corrugated cardboard, brown paper bags, Nfxed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid waste materials added•by the Solid Waste Authority, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. FF. Recycling Container shall mean a rigid container made of plastic or other suitable substance that is used for the storage of Recyclable Materials. GG. Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection Services and Containerized Residential Recycling Collection Service. HIL Residential Solid Waste shall mean Garbage, Trash and Bulk Trash resulting from the normal housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid Waste shall also mean Construction and Demolition Debris (C&D)resulting from minor home repair from the Dwelling Unit. 11L Residential Solid Waste Collection Service shall mean Curbside or rear-door Residential Solid Waste Collection Service and/or Containerized Residential Solid Waste Collection Service. JJ. Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the Collection of C&D by other mechanical means,within temporary locations in the Service Area, limited to new construction sites and remodeling or refurbishment sites. Roll-off Collection Service shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural nurseries, but only when the customer chooses to use roll-off containers for horticultural or agricultural waste, and horticultural and agricultural waste shall not include any other type of waste, including, but not limited to, Special Waste, Garbage or Recyclable Material. KFC Service Area shall mean that portion of the incorporated area of the City as described in the City map provided, for which the Contractor has been granted an exclusive franchise. - 5 - LL. Sludge shall mean a solid or semi-solid, or liquid generated from any waste water treatment plant, water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and related operations, or any other such waste having similar characteristics or effects. NM Special Services shall mean any services requested or required by the customer which are in addition to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Recycling Collection Service and Commercial Solid Waste Collection Service as set out or similar to those listed in Exhibit H. NM Special Waste shall include automobiles, boats, internal combustion engines, non- automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste, liquid waste, and Hazardous Waste. Special Waste may also include items determined by the Contract Admirnistrator to be reasonably unmanageable. DO. Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include Vegetative Waste. PP. Uncontrollable Forces shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. QQ. Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance by any party and shall include materials such as tree and shrub materials, grass clippings, palm fronds, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and similar small loose items must be bagged or containerized, Vegetative Waste, except palm fronds, must be no more than six(6) feet in length and no single item shall weigh more than 50 pounds, and shall be placed neatly at the curb. Natural Christmas trees will be collected as Vegetative Waste and must not be more than S feet in length and must be less than 50 pounds. - 5 - 3. SERVICES PROVIDED BY CONTRACTOR: Contractor shall provide mandatory Residential Solid Waste Collection Services and Residential Recycling Collection Service in the City's service area. The right to provide such Collection Services in the City's service area shall be exclusive to the Contractor. The it,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 bitted to residential customers by the City since they are billed on the tax bills by the Authority. The Contractor shall provide mandatory Containerized Residential Solid Waste Collection Services and Containerized Residential Recycling Collection Service in the City's service area, The right to provide such Collection Services in the City's service area shall be exclusive to the Contractor. The Ci y will be responsible for the billing and collection of payments for the Containerized Residential Solid Waste Collection Service and the Containerized Residential Recycling.Collection Service. No disposal costs are to be billed to residential customers by the Contractor since they are billed on the tax bills by the Authority. The Contractor shall provide mandatory Commercial Solid Waste Collection Services in the City's service area, which service can consist of containers or compactors and shall be an exclusive right to the Contractor. The Contractor shall be responsible for the billing and collection of Commercial Solid Waste Collection Services and disposal costs not being billed and collected by the Solid Waste Authority or its designee. Roil-off Collection Services shall be exclusive to the Contractor. Not withstanding any other provision of this Agreement, Collection of waste contained in roll-off containers excluded from Roll-off Collection Services for commercial businesses in the City's service area is exclusive to the Contractor. The Contractor shall be responsible for the billing and collection of Commercial Solid Waste Collection Services and disposal costs not being billed and collected by the Solid Waste Authority or its designee. The Contractor shall provide Commercial Recycling Collection Services in the City service area upon request by the Customer or the City, or through the solicitation efforts of the Contractor. Commercial Recycling Collection Services are not exclusive to the Contractor in the City service area. The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling firms providing recycling services to customers in the City's service area. 7 4. SOLID WASTE AND VEGETATIVE WASTE COLLECTION SERVICE: A. Curbside or Rear-Door Residential Solid Waste and Curbside Vegetative Waste Collection Services: The initial Curbside or Rear Door Residential Collection Service provided by this Agreement shall be as set forth in this Section 4A and shall continue until such time as the Contract is terminated. 1. Conditions and Frequency of Service: All Curbside and Rear-Door Residential Solid Waste and Curbside Residential Vegetative Waste shall be properly containerized or otherwise prepared for collection. Vegetative Waste shall be separated from Residential Solid Waste. All Curbside Residential Solid Waste Collection Service, except for permitted holidays, shall be provided twice per weep unless options of service (Exhibit 11) are implemented, with not less than fort-.-eight (48) hours nor more than seventy-two (72) hours between regularly_scheduled pick-up days. Vegetative Waste must be placed curbside at an accessible pick-up location. If the customer has moderately commingled Residential Solid Waste and Vegetative Waste, the Contractor shall separate the Residential Solid Waste from the Vegetative Waste and collect the materials separately. Vacant lots will be serviced at no additional charge. Trash, Bulls Trash, and Construction and Demolition Debris (C&D) resulting from minor home maintenance and repair will be collected curbside. C&D may include, but is not limited to, drywall, lumber, fencing, roofing material, concrete blocks and paneling. Collection of C&D shall be limited to no more than 4 cubic yards per collection per dwelling unit. In the event Bulk Trash contains Chloroflorocarbons (CFC's), the Contractor shall collect the Bulk Trash item separately, in a non-compacting vehicle, and deliver the item. with every attempt not to release the CFC's into the atmosphere, to the Solid Waste Authority landfill or to a scrap dealer located in Palm Beach County, There shall be no weight limit for any Bulk Trash item. The_Veaetative Waste service day shall he on the first day of the tn:scheduLe!j route days. Vegetation shall be collected on the Vegetative Waste service day. Vacant lots shah be serviced at no additional chime, 2. Accessibility: The edge of all Residential Solid Waste and Vegetative Waste to be collected Curbside must be placed within six (6) feet of the curb, paved surface of the public road, closest accessible public right-of-way, or other such location agreed to by the Contractor that will provide a safe and efficient accessibility to the Contractor's collection crew and vehicle. In the event there is insufficient space between the curb and the sidewalk to place Residential 8 - Solid Waste and Vegetative Waste, the edge of aff Residential Solid Waste and Vegetative Waste to be collected shall be within two(2)feet of the sidewalk. Where the resident of a dwelling unit is physically unable to deliver Residential Solid Waste or Vegetative Waste to curbside and this is certified by the Contract Administrator, or the residential structure is located in such a manner as to provide non-accessibility to the Contractoes crew or vehicle, an alternative location may be arranged between the customer and the Contractor at no extra cost to the customer. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. If the resident,requests Special Services, these services shall be billed directly to the customer by the Contractor in accordance with Exhibit 11. In the event that a Special Service request is not listed in Exhibit D, such charges shall then be established through negotiations between the Convector and the customer. In the event the customer and the Contractor cannot reach an agreement on the cost, the Contract Administrator shall determine the cost. B. Containerized Residential Solid Waste Collection Services: The Contractor shall provide Containerized Residential Solid Waste Collection Service to all Dwelling Units in the Spice Area that are suitable to receive such service. Normal Collection service, not including Bulk Trash collection, shall be twice per week. However, the customer may elect to receive once a week service during off Peak Times of the year and up to three times per week Collection service during Peale Times, as required, at no additional cost to the customer(as long as the average is two times per week on an annual basis). The size and location of the Container and frequency of collection(more than the minimum of once per week) shall be determined by the Contractor and the residential complex in accordance with this Agreement. In case of an unresolved dispute,the Contract Administrator shall resolve such issue. Any service requested by the residential complex above three times per week or greater than the two times per week annual average,with the exception of Bulk Trash collection, shall also be paid in accordance with the"commercial solid waste collection"rates in Exhibit I. The frequency of collection of Bulk Trash outside the container shall be no less than once per week unless otherwise agreed to by the customer and approved by the Contract Administrator. Any disputes as to the frequency of Bulk Trash collection shall be resolved by the Contract Administrator. In the event Bulk Trash contains Chloroilorocarbons (CFC's), the Contractor shall collect the Bulk Trash item separately, in a non-compacting vehicle, and deliver the item, with every attempt not to release the CFC's into the atmosphere, to the Solid Waste Authority landfill or to a - 9 - scrap dealer located in Palm Beach County. There shall be no weight Iimit 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 taw. Such service shall be provided by mechanical Container as defined herein. However, where a customer generates less than two cubic yards per week of waste, alternate non-mechanical Containers may be utilized. The size of the Container and the frequency (above the minimum) of collection shall be determined between the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Residential Solid Waste need be placed outside the Container. Storage capacity shall be suitable for the amount of waste generated by the customer. The Contractor shall provide Containers as necessary, however, customers may own their Container provided that the customer is completely responsible for its proper maintenance. Such Containers shall be of a type that can be serviced by the Contractor's equipment. All Residential Solid Waste shall be placed in a Container or acceptable other Garbage Can. Vegetative Waste shall not be commingled with Garbage. Where Garbage- Cans are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All Containers or Compactors shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Container or Compactor damaged by the Contractor shall be repaired or replaced by the Contractor within five (5) business days. All containers and compactors provided by the Contractor shall be in good condition. The Contractor shall have a regularly scheduled replacement program for all containers to ensure containers are in good condition. The Contractor shaff replace any container reported as in poor condition by the customer within five(5)business days. 2. Method of Collecting: Collection shall occur on a regular basis with a frequency of pick-up as provided herein and the size of the Container to be agreed upon between the Contractor and the customer. C. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all Commercial Solid Waste in the Service Area, except Special Waste_. Such Commercial Collection Service shall be governed by the following material terms: 1. Conditions and Frequency of Service: A minimum of once a week service is required of all customers with food or other such putrescible wastes or from businesses generating or selling food, or such other minimum frequency as provided by law. Such service shall be provided by mechanical Container as defined herein. However, where a customer generates less than one (1) cubic yard per week of waste, alternate non-mechanical Containers may be utilized - 10 - (e.g., Garbage Can(s)). Commercial Customers utilizing a garbage can, a 95 gallon or-101 gallon Container shall be charged the monthly Residential Curbside Collection rate, as set out in Exhibit I plus the cost of disposal. The size of the Container and the frequency of collection shall be determined between the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Commercial Solid Waste need be placed outside the Container. Storage capacity shall be suitable for the amount of _ waste generated by the customer. The Contractor shall provide Containers as necessary, however, customers may own their Container provided that the customer is completely responsible for its proper maintenance. Such Containers shall be of a type that can be serviced by the Contractor's equipment. In the event the Contractor provides the Container, the Container shall be in good condition. All Commercial Solid Waste shall be placed in a Container, Compactor or acceptable other Garbage Can. Vegetative Waste shall not be commingled with Garbage. When Vegetative Waste is.placed in a Container (not loose or in a Roll-off or a Compactor), the Contactor may charge 1.5 times the commercial collection rate as set out in Exhibit I. Where Garbage Cans are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All Containers or Compactors shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Container or Compactor damaged by the Contractor shall be repaired or replaced by the Contractor within five(5)business days. Compactors may be obtained by customers from any source provided that such Compactor must be of a type that can be serviced by the Contractor's equipment and the customer shall be completely responsible for its proper maintenance. Compactor frequency of collection shall be sufficient to contain the waste without spillage. All Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor's name, phone number and size of Container. 2. Method of Collecting: Collection shall occur on a regular basis with a frequency of pick-up as provided herein and the size of the Container to be agreed upon between the Contractor and the customer. 3. Level,Type and Disclosure of Rates for Commercial Collection and Other services: a. Commercial Collection Service: The Contractor shall only charge rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written Agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided and manner of collection of fees. The Contractor may not bill the customer more than thirty (30) days in advance unless otherwise requested by the customer. The terms and conditions of such Agreement shall be in compliance with all provisions of this franchise Agreement and the term shall not extend beyond the term of this Agreement as stated in Section 1. The customer shah subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of the parties to reach such an Agreement, the Contract Administrator or his designee shall establish the level and type of service to be provided including the location, size of the Container and number of pick-ups per week and the "TOTAL RATE" to be charged within the approved rate limits contained in Exhibit I. The Contractor will be responsible for the billing and collection. of Commercial Solid Waste Collection Services, disposal tipping fees, special service fees and Container rental charges except as otherwise provided in this Agreement. b. Disclosure: By October I" of each year of this Agreement, the Contractor shall provide the customer an annual disclosure statement, with a copy sent to the City, including the following language: "REGULATION BY THE CITY OF DELRAY BEACH„ The terms and conditions of this Commercial Solid'Waste and Recycling Collection Service Agreement are regulated-by a franchise granted by the City of Delray Beach. Should the customer have any questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator at 2437214. "COMMERCIAL COLLECTION CONTAIMM" The commercial collection container shall be of a type that can be serviced by the Contractor's collection equipment. The customer may either purchase the commercial collection Container from any source or rent such Container from the Contractor at the rental rate as approved by the Authority. If the customer chooses to use a Compactor, the customer may rent, tease or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor's collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to a customer owned Container or Compactor shall be repaired at the cost of the Contractor. - 12 - "SPECIAL SERVICES" If the customer requests, the Contractor is required to provide special services for collection of solid waste such as rotting Containers out of storage areas, opening doors or gates for access, or other such special services. However, such special services may be provided by the customer, through its' own or other personnel. If the Contractor provides special services, such charge must be separately stated under the "RATES FOR SERVICES" disclosure statement. The maximum for these special service rates are fined by the City. A copy of these rates can be obtained from the Contractor or Contract Administrator. 13 - "RATES FOR SERVICE" October 1, (year)-September 30,(year) Name of Contractor Name and Address of Customer The total RATES for this Commercial Solid Waste Collection Service are as follows: �f -.... q -- Total Monthly Cost_ The total RATES for this Coimercial Recycling Solid Waste Collection Service are as follows: erf Co :.:.::.::::._ Crier: Total:. : ���s _ Total Monthly Cost: *There is no charge for the disposal of Recyclable Materials THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED BY THE CITY OF DELRAY BEACH, SHOULD YOU HAVE ANY QUESTIONS RELATING TO THESE RATES,PLEASE CALL THE CONTRACT ADMINISTRATOR AT 243-7214. -- 14 - The "RATES FOR SERVICE" statement shall incorporate or have attached a rate schedule which specifies the Collection Rate based on size of container and frequency of service; TYPE indicating whether the Container is for Solid Waste or Recycling, DISPOSAL based on a cost per cubic yard; CON TAIlVER RENTAL expressed in a monthly flat rate based on the size of the Container, and the cost per month for each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of container and frequency of collection of each container for each business, distinguishing between solid waste and recycling collection service. The notification shall specify in which Service Area the business is located. The notification shall itemize each cost individually. A sample notification shall be approved by the Contract Administrator or his designee before distributing to the customer. D. Method of Payment: The City or its designee will be responsible for the billing and collection ofpayments for Residential Solid Waste Collection Service. Payments from the City to the Contractor will be due and paid no later than 30 days following the submission of an invoice from the Contractor. The initial collection rate per unit per month shall be as set out in Exhibit R This rate shall be adjusted in subsequent years in accordance with the Payment Adjustment Schedule(Exhibit TI). E. Sours of Collection: Curbside Residential Solid Waste Collection Service shall be provided between the hours of 6:00 a.m. and 6:00 p.m. Monday through Saturday, Dwelling Units receiving Containerized Residential Solid Waste Collection Service and non-residential collection sites located within 150 yards of residential uses shall be considered residential collection for the purpose of establishing start times and shall only be collected between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. Other nonresidential locations may be collected at any time between the hours of 6.00 a.m. and 6:00 p.m. Extended times for extraordinary circumstances or conditions shall ha-�e the prior consent of the Contract Administrator. F. Routes and Schedules: For Residential Solid Waste Collection Service, the Contractor shall provide the Contract Administrator, in a format acceptable to the Contract Administrator, the schedules for all Collection routes and keep such information current at all times. If any changes in the Collection routes occur, then the Contract Administrator shall be immediately notified in writing for approval, not less than three weeks prior to change. In the event of a permanent change in routes or schedules that will alter the day of pick-up, the Contractor shall immediately notify the customer(s) affected in writing or other manner approved by the Contract Administrator not less than two(2) weeks prior to the change, at no cost to the City. Notification of day changes for Curbside Residential customers shall be by door hanger, and Container Residential and Commercial customers shall be by flyer, unless otherwise approved by the Contract Administrator, and distributed by the Contractor at no cost to the City and the customer. Notification includes any day changes to the customer prior to the beginning of this Agreement on October 1, 2001. Notification to Curbside customers shall be done twice- once two (2)weeks prior to the change and once one(I)week prior to the change. 5. RECYCLING COLLECTION SERVICE: The Contractor shall provide Residential and Commercial Recycling Collection Service in the Service Area, as provided within the Agreement. The City or its designee shall be responsible for the billing and collection of payments for Residential Recycling Collection Services. The Contractor shall be responsible for billing and collection of Commercial Recycling Collection Service cost not being billed and collected by the City or its designee. A. Curbside Residential Recycling Collection Services will be governed by the following terms and conditions: 1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential Recycling Collection Services to all Dwelling Units receiving Residential Solid Waste Collection Service located in the designated Service Area and to other such Dwelling Units as determined appropriate by the Contract Administrator. This service shall be provided once every weep unless otherwise specified by the City, on a scheduled route basis that shall coincide with one of the two regularly scheduled solid waste collection days. 2. Accessibility for and Manner of Curbside Recycling Collection: All Recyclable Materials to be collected shall be in a Recycling Container, with the exception of cardboard and/or paper bag, and shall be placed within six(6)feet of the curb; paved surface of the public road, closest accessible public right-of-way, or other such location agreed to by the Contractor that will provide a safe and efficient accessibility to the Contractor's collection crew and vehicle. The Contractor must collect as many Recycling Containers, bags, bundles, or flattened cardboard, as the customer sets out. Cardboard shall be collected if placed next to, or inside, the Recycling Container or Container. Where the resident is physically unable to deliver Recyclable Materials to curbside and this is certified by the Contract Administrator, or the Dwelling Unit is located in such a manner as to provide non-accessibility to the Contractor's crew or vehicle, an alternative location may be arranged between the customer and the Contractor at no extra-cost to the customer. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. 3. Recycling Containers: The Contractor shall ensure distribution of Recycling Containers as supplied by the City to each unit that is to receive Residential Recycling Collection Service in the Service Area. The title to these Recycling - 16 - Containers shall be vested with the City. However, customers may use their own additional Recycling Containers or paper bags as long as they are similar and suitable for the service. B. Containerized Residential Recycling Collection Service will be governed by the following terns and conditions: 1. Conditions and Frequency of Service: The Contractor shall provide this service to Dwelling Units as are designated by the City that are located in the Service Area. This service shall be provided at least once every week on a scheduled route basis as set out in paragraph 2 below and up to twice a week service as necessary during peak Times of the year. All Containers and Compactors provided by the Contractor shall be in good condition, pained and neatly labeled with the Contractor's name, phone number and size of Container. Any Container or Recycling Container damaged by the Contractor shall be repaired or replaced by the Contractor within five(5) days. Any Container or Recycling Container needing replacement, as requested by the customer or the City, shall be replaced within five(5)working days. 2. Accessibility and Schedule for Containerized Residential Recycling Collection: All Recyclable Materials, with the exception of cardboard, are to be collected in a Recycling Container or Container designated for Recyclable Materials which shall be located in such location and shall be collected on a schedule as mutually agreed to by the owner or governing association (of the multiple residential complex or development being serviced) and by the Contractor that will provide a safe and efficient accessibility to the Contractor`s collection crew and vehicle. Cardboard shall be collected.if placed next to, or inside, the Recycling Container or Container. If there is a large amount of cardboard placed outside of the Container(such as a 95-gallon Container), an alternate, larger Container shall be provided, upon agreement by the customer and the City. In the event an appropriate location cannot be agreed upon, the Contract Administrator shall mediate the dispute and designate the location for pick-up. C. Commercial Recycling Collection Service: Contractor shall have the right to solicit Commercial Recycling Collection Service agreements with any business in the Service Area upon terms and conditions consistent with this Agreement. 1. Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling Collection Services to all business or commercial entities located in the designated Service Area resulting from its own - 17 - solicitation, by request of the customer, or where a contract meeting the terms and conditions of this Agreement is arranged by the Contract Administrator or designee. The size and frequency of service of the Container designated for Recyclable Materials shall be determined by a waste audit and agreed to by the customer and the Contractor. However, size and frequency shall be sufficient to provide that no Recyclable Materials need be placed outside the Container. Storage capacity shall be suitable for the amount of recyclable materials generated by the. customer. The Contractor shall provide Containers as necessary customers may own their Container provided that the customer is completely responsible for its proper maintenance. Such Containers shall be of a type that can be serviced by the Contractor's equipment. A Compactor may be obtained by customers from any source provided that such Compactor must be of a type that can be serviced by the Contractoes equipment and the customer shall be completely responsible for its proper maintenance. Compactor frequency of collection shall be sufficient to contain the waste without spillage. All Commercial Recyclable Materials shall be placed in a Container, Compactor or other acceptable Recycling Container. All Containers and Compactors provided by the Contractor shall be in good condition, painted and neatly labeled with the Contractor's name, phone number and size of Container. Recyclable Material shall not be commingled with other solid waste. Where Recycling Containers are used, they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the customer. All Containers shall be kept in a safe, accessible location agreed upon between the Contractor and the customer. Any Container or Recycling Container damaged by the Contractor shall be repaired or replaced by the Contractor within five(5)days. 2. Level,Type and Disclosure of Rates for Commercial Recycling Collection and Other Services: A written Agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided and manner of collection of fees. The terms and conditions of such Agreement shall be in compliance with all provisions of this franchise Agreement and the term shall not extend beyond the terra of this Agreement as stated in Section 1, The customer shall subscribe to a level of service sufficient to meet the needs of the customer in a sanitary and efficient manner. However, upon failure of the parties to reach such an Agreement, the Contract Administrator, or his designee, at the election of the customer and Contractor may establish the level and type of service to be provided including the location, size of the Container and number of pick-ups per week and the "TOTAL RATE" to be charged within the approved rate limits contained in Exhibit I. The Contractor will be responsible for the billing and collection of - 18 Commercial Recycling Collection charges except as otherwise provided in this Agreement. The written Agreement between the Contractor and the customer shall be as specified in Section 4.C.3.b. In the event the customer cancels a contract with the Contractor for Commercial Recycling Collection Services, the Contractor is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit I. Upon cancellation, the Contractor shall provide a written explanation, as provided by the City, of this policy. The Contractor shall allow the Customer three days to rescind the cancellation after the written notification is provided. 3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator of Recyclable Materials retains ownership of those materials until he or she donates or sells, or contracts for the donation or sale of those materials to another person or entity. Nothing in this Agreement shall prevent a person or entity engaged in the business of recycling, whether for profit or nonprofit, from accepting and transporting commercially generated, source separated Recyclable Materials from such commercial generator. Provided however, that such activities are subject to applicable state and local public health and safety laws, and provided that the transporter must report such information to the City as may be necessary for the documentation of state mandated recycling or reduction goals. D. Method of Payment: The City or its designee will be responsible for the billing and collection of payments for Residential Recycling Collection Service. Payments from the City to the Contractor will be due and paid no later than 30 days following submission of an invoice from the Contractor, The initial collection rate per unit per month shall be as set out in Exhibit I. This rate shall be adjusted in subsequent years in accordance with Section 6 and Exhibit II. The Contractor shall be responsible for billing and collection of payments for Commercial Recycling Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I shall be adjusted in subsequent years in accordance with the Payment Adjustment Schedule (Exhibit II). The Contractor shall provide no more than five(5)free City Commercial recycling containers in the downtown area as designated by the Contract Administrator. E. Hours of Collection: Residential Recycling Collection Service shall be conducted between the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday. Dwelling Units receiving Containerized Residential Recycling Collection Service and nonresidential collection sites located within 150 yards of residential uses shall be considered residential collection (for purposes of establishing a start time) and shall only be collected between the hours of 7:00 a.m. and 6:00 p.m. Monday through Saturday. In the event of a dispute, the Contract Administrator shall determine the - 19 hours of collection. F. Roues and Schedules: The Contractor shalt provide and keep current with the Contract Administrator or his designee, in a format acceptable to the Contract Administrator, an up-to-date route schedule map for all Residential Recycling Collection Service routes. The Contractor shall immediately notify the Contract Administrator in writing of any change in any route schedule for approval by the Contract Administrator three weeks prior to change. in the event of a permanent change in a route or schedule that will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing or other method approved by the Contract Administrator not less than two (2) weeks prior to the change, at no cost to the City. Notification of day changes for Curbside Residential customers shall be by door hanger, Container Residential and Commercial customers by flyer, unless otherwise approved by the Contract Administrator, distributed by the Contractor at no cost to the City and the customer. Notification includes any day changes to the customer prior to the beginning of this Agreement on October 1, 2001. Notification to Curbside customers shall be done twice - once two (2)weeks prior to the change and once one(1)week prior to the change. G Replacement of Recycling Containers for Residential Dwelling Units: 1. The Contractor will replace at his expense any Container or Recycling Container damaged through the fault or negligence of the Contractor or his employees. Replacement Recycling Containers or Containers designated for Recycling for Residential Dwelling Units will be provided by the City with the cost deducted for replacement containers from the Contractor's monthly fees. The Contractor shall replace the Recycling Container within five (5) business days of request by the customer or the City. 2. The City, at its expense,will supply to the Contractor, for distribution to the customer, replacement Recycling Containers or Containers that were originally provided by the City and lost or damaged by the occupant of a Dwelling Unit. The Contractor shall replace the Recycling Container or Containers within Eve (5)business days of the request by the customer or the City. 3. The Contractor shall promptly deliver replacement Recycling Containers„ or Containers damaged by its employees, or when notified by the Contract Administrator, or his designee, or the occupant of a Dwelling Unit where a Recycling Container or Container is damaged or missing, and shall monthly report all such replacements to the City. The Contractor shall also promptly deliver Recycling Containers or Containers as requested by the City on behalf of the residential customers for the purpose of excess Recyclable Materials or for new residential customers within five(5)business days of the request by the - 20 - customer or the City- The City is not responsible for-any disposal shortfall. H. Manner of Collection: The Contractor shall collect Recyclable Materials with as little disturbance as possible and shall leave the Recycling Container or Container housing Recyclable Materials at the same point it was collected. To be eligible for Curbside Residential Recycling Collection Service, Recyclable Materials must- be put in a Recycling Container or paper bag and placed at the usual accessible pick-up location for Curbside Residential Solid Waste Collection. All Recyclable Materials set out by the customer that meet these criteria shall be collected. In the event the customer places Solid Waste in the Recycling Container(s) or Container(s), the Contractor must collect all Recyclable Materials and leave the Solid Waste in the Recycling Container(s) or Container(s). The Contractor must then place a contamination sticker advising the customer of the reason the Solid Waste was not picked up on the Recycling Container(s)or Container(s). L Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected from the Service Area to the Delray Beach Transfer Station or a facility designated,in writing, by the Contract Administrator. J. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the City, it may be necessary to modify the scope ofRecyclable Materials that will be included in Recycling Collection Service. Should this occur, the City and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect the impact of any such modifications 6. CHARGES,RATES AND LEVEL OF SERVICES: A. Solid Waste and Recycling Collection Rate Adjustments: For all Collection services, the charges shall be initially based on the rates established in Exhibit I, and as subsequently adjusted pursuant to this Agreement. The Contractor shall receive an annual adjustment in the Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Solid. Waste Collection Service and Commercial Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid Waste Collection Service and to Residential Recycling Collection Service and, separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the first year, and each subsequent year, the collection portion of the rates in this Agreement shall be adjusted solely on the Consumer Price Index("CPI")not to exceed 3%in any one year. The adjustments shall be made as set out in Exhibit 11. The Contractor shall supply the City with such further information as may be reasonably necessary. Annual rate adjustments shall be effective the following October 1, unless otherwise mutually determined by the City and the Contractor. 21 - B. City of Defray Beach Obligation-Billing,Collection,and Payments: 1. The City will be responsible for the billing and collection of payments for those units included in the City's mandatory Residential Solid Waste Collection Services and the Residential Recycling Collection Services programs. The City shall make monthly payments in arrears to the Contractor for the Residential Solid Waste Collection Service and Residential Recycling Collection Services provided pursuant to this Contract. The Contractor shall be entitled to payment for services rendered irrespective of whether or not the City collects from customers for such service. Payments from the City to the Contractor will be due and paid no later than 30 days following the submittal of an invoice from the Contractor. On or before October 1, and before commencement of work by the Contractor under the terms of this Agreement, the City shall provide to the Contractor the estimated total number of units to be serviced_ Thereafter and for the duration of this Agreement, the City shall promptly notify the Contractor of new residential units to be served and/or deleted and payments will be adjusted accordingly. New Dwelling Units, which are added for service during the City's Fiscal Year, will be added to the customer service list and payment will be rendered as invoiced in the Contractor's monthly payment. Payment will be prorated based upon the day of Certificate of Occupancy and verification of the beginning of actual service, whichever is later. The payments from the City to the Contractor for units added by Certificate of Occupancy are paid as invoiced by the Contractor. 2. The City reserves the right to correct any errors of omission or commission per the laws and rules that govern the City. Upon determination of any overpayment, the Contract Administrator will verify the error and make appropriate adjustment to the Contractor's payment to correct the error. C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall .be treated separately for the solid waste Collection services being provided pursuant to this Contract. The Contractor's payments for Collection are set out in Exhibit I. Residential and commercial solid waste disposal costs shall be separated from residential and commercial collection service costs as shown in Exhibit I. Residential disposal costs will be part of the special assessment billed by the Solid Waste Authority except as otherwise provided in this Agreement. The Contractor will be given a disposal credit for each residential unit as calculated in Exhibit I. The non- assessed portion of the commercial disposal costs will be part of the service charge biped by the Contractor. The Contractor shall pay the Solid Waste Authority for all solid waste disposal costs incurred for disposing of all solid waste at the Delray Transfer Station except for the portion of disposal costs which have been separately - 22 - assessed by the Authority. D. F, araordinary Rate Adjustment: The Contractor may petition the City at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. The Contractor's request shall contain substantial proof and justification to support the need for the rate adjustment. The City may request from the Contractor, and the Contractor shall provide, such further mfarmation 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 receipt of all other additional information required by the City E. Administrative Fee: To compensate the City for the cost of administration, supervision, code enforcement activities, and inspection rendered for the effective performance of this Agreement, as well as other costs related to Collection, the Contractor shall pay to the City a monthly administrative fee of $.35 per residential unit or per Container for commercial customers. F. Franchise Fee:To compensate the City for the exclusive right given to the Contractor to service residential and commercial accounts, the Contractor shall pay to the City a monthly franchise fee of 5% of collection costs per residential unit or per Container for commercial customers. G. Rollout Cart Replacement Fee: To compensate the City for the purchase and replacement of residential rollout carts, all curbside residential and commercial customers utilizing the City's rollout carts shall be charged a monthly fee of 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. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling, Residential Solid Waste, Vegetative Waste and Residential Recyclable Material or maintain office hours on Thanksgiving Day and Christmas Day. Th, Contra ctor shall provide all services on New Year's Day. Residential Solid Waste, Recyclable Material and Vegetative Waste not collected on Thanksgiving Day and Christmas Day shall be collected on_the next scheduled service day. The Contractor shall not be required to maintain office hours on Labor Day, Independence Day, New Year's Day, Thanksgiving Day and Christmas Day. However, on all holidays except Thanksgiving Day and Christmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the Contractor's customers. - 23 - S. SPECIAL SERVICES: Rates charged for Special Services may not exceed the special service rates as listed in Exhibit I. In the event the requested special service is not included within Exhibit t the Contractor may negotiate with the customer for the rate. Upon failure of the parties to reach an agreement on the rate, the Contract Administrator shall establish the rate. The Contractor shall be responsible for billing and collection of payment for all Special Services. 9. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with the Public Awareness Program by distributing door hangers, stickers, flyers or other medium to residential and commercial customers as requested by the City. Additionally, it is the Contractor's responsibility to provide information about those customers who repeatedly do not prepare or set out their Recyclable Material or solid waste as specified within this Contract to the City. The Commercial Recycling customer wilt also be notified by the City through the Contractor about special commercial recycling events, workshops, educational forums, and ,symposiums and other activities, as needed. 10. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste and Recyclable Materials and Commercial Solid Waste, Recycling and Vegetative Waste with as little disturbance as possible and shall leave any receptacle at the same point it was collected. Any Solid Waste Container or Recycling Container damaged by the Contractor will be replaced by the Contractor within five(5)business days at no cost to the customer, unless otherwise provided within this Agreement. The replacement must be similar in style, material, quality and capacity. Throwing of any Garbage Can, Container or Recycling Container is prohibited. The Contractor shall neatly replace the Container, Recycling Container and Garbage Can to the point of collection. 11. PERSONNEL OF THE CONTRACTOR: A. Contractor shall assign a qualified person or persons to be in charge of the operations within the service area and shall give the name(s) of the person(s) to the Contract Administrator. B. Contractor's solid waste collection employees shall wear a uniform or ,shirt bearing the company's name during operations. C. Each driver of a collection vehicle shall at all tunes can} 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 all solid waste and recycling collection vehicles and Containers provided by the Contractor_ All -- 24 - vehicles utilized for the collection of Recyclable Material shall be clearly identified for that purpose. E. The Contractor shall provide operating and safety training for all personnel. F. Contractor's employees shall treat all customers in a polite and courteous manner. G. The Contractor shall provide emergency contact numbers for all key personnel. 12. SPILLAGE: The Contractor shall not litter or cause any spolage to occur upon the premises, roadway or the right-of-way wherein the collection shall occur_ During hauling, all solid waste, vegetative waste and recyclable material shall be contained, tied, or enclosed so that leaking, spilling and blowing is prevented. In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall clean un aff s Aa a and leakage at no cost to the CLq or the customer within two 2 hours unless otherwise specified within this Agreement. 13. SOLID WASTE AND MATERIAL RECYCLING p`ACELITWS: All Residential Solid Waste, Commercial Solid Waste, Vegetative Waste and Recyclable Material shall be hauled to the Delray Beach Transfer Station. In the event this facility is closed for maintenance, the Contractor shall take the solid waste, Vegetative Waste and Recyclable Materials to another Designated Facility at no charge to the City. In the event that a load of Recyclable Materials delivered to the designated facility contains more than 3.5%, by weight of the total load, material which is not Recyclable Material or that there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the Solid Waste Authority has the right to reject the load and to charge the Contractor the Tull disposal fee for each ton within the load. The Contractor may pass this cost through to a commercial customer in the event that the Contractor can prove that the customer caused the contamination to the satisfaction of the customer. in no event will this cost be passed on to the City. In the event of a dispute; the Contract Administrator will determine whether the Contractor or the customer'will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of any customer who has on more than three occasions contaminated the Recyclable Materials. 14. COLLECTION EQUIPMENT: The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the contractual duties specified in this Agreement. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide in a format specified by the Contract Administrator a list of the equipment to be used by the Contractor to provide services relating to this Agreement. Solid Waste collection equipment shall be of the enclosed loader packer type, or other equipment that meets industry standards and is approved by the Contract Administrator, unless otherwise provided within this Agreement. All Equipment shall be kept - 25 - in good repair, appearance and in a sanitary, clean condition at all times. Recycling Materials col edion e uipment shall-lie--a-dual-- emp nent uip paper products, one compartment for other Recyclable Material), separate trucks or other equipment that meets industry standards and is approved by the Contract Administrator, and must be compatible for unloading at the designated MRF or transfer station. In the event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not exceed 50 pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that purpose. The Contractor shall have available reserve equipment that can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. 15. VEGETATIVE WASTE: All Vegetative Waste shall be collected separately from Residential Solid Waste, Commercial Solid Waste and Recyclable Materials. All grass clippings, leaves, pine needles or other similar loose waste shall be bagged or containerized, otherwise, Vegetative Waste must be no more than six (6) feet in length, with the exception of palm fronds.and Christmas trees, and under 50 pounds per piece and placed neatly at the curb. 16. SPECIAL WASTE, I[AZARDOUS WASTE, BIOAATARDOUS OR BIOMEDICAL WASTE AND SLUDGE: The Contractor shall not be required to collect and dispose of Hazardous Waste,Biohazardous or Biomedical Waste, or Sludge, but may offer such service in the Service Area. All such collection and disposal for those types of waste in this Section are not regulated or exclusive under this Agreement, but if provided by the Contractor shall be in strict compliance with all federal,state and local laws and regulations. 17. OFFICE AND EQUIPAUNT YARD: The Contractor shall maintain an office within Palm Beach County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than two phone lines, and shall have responsible persons in charge during collection hours and shall be open during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday. The Contractor shall provide a fax machine and computer to receive complaints from the City. The Contractor shall provide an answering machine during non- office hours for customer requests and questions to be responded to during the following business day. The Contractor shall provide a contact person for the City to reach during all non-office hours. The contact person must have the ability to authorize Contractor operation in the case of City direction or situations requiring immediate attention. An Equipment Yard must be established within Palm Beach County. Equipment Yard means a real property location that shall be utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all services under this Agreement in the Service Area, 18. COMPLAINTS: All service complaints shall be directed to the Contract Administrator, or designee. The complaint will be forwarded to the Contractor by telephone, computer or electronic media at least daily where it shall be recorded on a complaint log by the Contractor. 26 - The complaint shall be resolved within twenty-four (24) hours after it is received by the Contractor. ANhen-the complaint is received on a Satmn�day or the day preceding-Thangcsp—vuig Day and Christmas Day, it small be resolved by the Contractor no later than the next regular working Clay. If a complaint cannot be resolved within twenty-four(24) hours, the Contract Administrator shall be notified. Complaints received by Contractor from the public shall be forwarded to the Contract Administrator within four(4)fours. The Contractor shall designate one(1)person to be in the City each day to receive complaints from the Contract Administrator. The Contractor shall provide the Contract Administrator or his designated agency with a full written explanation of the disposition of any .complaint involving a claim of damage to private or public property as a result of actions of the Contractor's employees, agent, or sub-contractors. Any damage shall be repaired within seven (7)business days. 19. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement to ensure that the Contractor provides a quality level of solid waste and recycling Collection services. To this end, all complaints received by the Contact Administrator, or his designee, and reported to the Contractor shall be promptly resolved pursuant to the provisions of Section 18 of this Agreement. Complaints shall not include customer informational requests or Recycling Container requests. A complaint not resolved within 24 hours, unless otherwise provided in this Agreement,shall count as two complaints. In the event complaints received by curbside customers exceed any of the following percentage(s): Cam laint T e Annual% Monthl % Garbage, Trash and Damage 40/6 0.5% Recycling 2% 025% Vegetation 2.5% 0.35% of the residential curbside and rear-door customers within the Service Area served by the Contractor during any City fiscal year, the Contract Administrator shall levy $100.00 per incident administrative charges for those actions related to service as listed within this Agreement including: 1, Commingling solid waste with Vegetative Waste and/or Recyclable Materials 2. Throwing ofgarbage cans or recycling containers 3. Failure to collect Recyclable Materials, solid waste or Vegetative Waste on schedule 4. Failure to replace Garbage Cans, Containers and Recycling Containers to the point of collection The Contract Administrator may also levy administrative charges for all other infractions of this Agreement at $100.00 per day per incident without regard to the percentage of customer complaints including: 1. Failure to provide clean, safe,sanitary equipment 2. Failure to maintain office hours as required 3. Operator not licensed - 27 - 4. Failure to provide documents and reports in a timely and accurate manner 5. Damaged container not replaced within five business days(48 hours for residential) . ure-to-dean-spillage other thm floe cJleariup required by the-Palm Beach County Health Department, as provided below 7. Failure to repair damage of Customer property 8. Failure to cover materials on collection vehicle(s) 9. Collection employees out of uniform 10. Name 'and phone number, and if applicable, size not displayed on equipment or Containers 11. Providing exclusively prohibited service in another Contractor's area, without prior authorization by the Contract Administrator, 12. Not providing schedules and route neaps 13. Speeding,upon conviction 14. Using improper truck to service commercial or residential customer 15. Failure to submit disclosure notice to either customer or Contract Administrator 16. Failure to report recycling activity monthly(on or before the 10th day of the following month), in the format determined by the City, for the purpose of tracking and verifying countywide recycling activity 17. Failure to collect Recyclable Materials, solid waste or Vegetative Waste on schedule for any customer who has been missed more than three times per Fiscal Year 18. Failure to respond to customer calls, including commercial recycling and solid waste collection service customers, and residential containerized residential solid waste and recycling collection service customers, in a timely and appropriate manner 19. Failure to place a contamination sticker in Recycling Containers, as necessary 20. Failure to replace or provide Containers or Recycling Container(s) within five (5) business days. 21. Failure to repair damage to property, resulting from Contractor's (including agents, employees or subcontractors) equipment failure or negligence, within seven (7) business days. Changing routes without proper notification will result in a$2000.00 fine per incident. Failure to clean up spillage of any substance required to be cleaned up by and in accordance with the Palm Beach County Health Department will result in a $2,500.00 fine per day, per incident. Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste or Recyclable Materials to the Delray Transfer Station or another facility directed by the Contract Administrator will result in the following penalties: 1. First offense, $1,000.00 fine 2. Second offense, $2,500.00 fine 3. Third offense, loss of franchise 28 - Failure to either-Far4ially-or totally;_a-roue--on the re _ gular sclredu�ed pick-cip .day shall be$1,000 for each route per day not completed. For the purpose of this Section, the Contract Administrator may deduct any charges from payments due or to become due to the Contractor. In the event the Contractor fails to repair damages as a result of the Contractor's equipment failure or negligence within the time provided within this Agreement, the Contracts Administrator may arrange for the repairs and assess the Contractor for the cost of the repairs and any applicable administrative charges. The Contract Administrator may assess administrative charges pursuant to this Section on a monthly basis in connection with this Agreement and shall,at the end of each month during the term of this Agreement, notify the Contractor and the City, in writing, of the charges assessed and the basis_for each assessment. In the event the Contractor wishes to contest such assessment it shall, within five (S) days after receiving such monthly notice, request in writing an opportunity to be heard by the City Manager and present its defense to such assessment. The City shall notify the Contractor in writing of any action taken with respect to Contractor's claims and the decision of the City Manager will be final. A. Ffiing of Requested Infonnnation and Documents: 1. In addition to any other requirements of this Agreement, the Contractor shall be required to file pertinent statistical and aggregate cost information pertaining to solid waste collection and recycling collection services that is requested by the City. The results of all recycling activity conducted by the Contractor in the Service Areas during each month, whether residential or commercial, shall be reported accurately to the City, in a format and with such dates as specifed by the City, on or before the 10th day of the following month. 2. The Contractor shall file and keep current with the City all documents and reports required by this Agreement. By September 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 list of collection equipment vehicles, are current and on file with the City. Route maps shall be provided in a format as provided by the City. Failure to file any document or report within five(S)working days of the required filing date, except where granted an extension by the Contract Administrator, may result in the levy of an administrative fine as provided in Section 19. 20. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural disaster, the Contract Administrator may grant the Contractor a variance from regular routes 29 - and schedules. As soon as practicable after such natural disaster, the Contractor shall advise the Contract Administrator when it is anticipated that normal routes and schedules will be resumed. The Contract Administrator shall make an effort through the local news media to inform the public when regular services may be resumed. The cleanup from some natural disasters may require that the Contractor hire additional equipment, employ additional personnel, or work existing personnel on overtime hours to clean debris resulting from the natural disaster. The Contractor shall receive extra compensation above the normal compensation contained in this Agreement to cover the costs to at least include rental equipment, additional personnel, overtime hours, and other documented expenses provided the Contractor has first secured written authorization and approval from the Contract Administrator prior to the work being performed. All such costs shall be audited by the City`s Contract Administrator and Finance Director prior to payment. 21. UNCONTROILLA.BLE CrRCUMSTANCE5: Neither the City nor Contractor shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. Neither party shall, however, be excused from performance if non-performance is due to forces that are preventable, removable,or remediable if the non-performing party could have,with the exercise of reasonable diligence, prevented, removed or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. 22. PERMITS AND LICENSES: The Contractor shall obtain, at their own expense, all permits and licenses required by law or ordinance and maintain the same in full force and effect. Any changes of the licenses or permits shall be reported to the City within ten (10) working days of the change. 23. PERFORMANCE BOND: The Contractor shall famish to the City a performance bond, executed by a surety company licensed to do business in the State of Florida, and/or a clean irrevocable letter of credit issued by a bank within Palm Beach County to ensure the faithful performance of this Agreement and all obligations arising hereunder in the appropriate amount determined in accordance with Exhibit III. The clean irrevocable letter of credit or bond provided hereunder may be substituted for the other upon approval by the City. The form of this bond or Ietter of credit, and the Surety Company, shall be acceptable to the City Attorney and the Contract Administrator and shall be maintained during the term of this Agreement as provided in Section 1. The bond(s) shall be endorsed to show the City, a political subdivision of the State of Florida, to provide that bonds shall not be canceled, limited or non-renewed until after thirty(30)days written notice has been given to the City. Current performance bonds - 30 - evidencing required..cavemge must-be-on Beat all times. 24. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable Local, State and Federal laws relating to wages, hours, overtime and all other applicable laws relating to the employment or protection of employees, now or hereinafter in effect. 25. INSURANCE: A. Worker's Compensation insurance: Worker's Compensation coverage must be maintained in accordance with statutory requirements as well as Employees Liability Coverage in an amount not less than $100,000.00 per each accident, $100,000.00 by disease and$500,000.00 aggregate by disease B. Liability Insurance: The Contractor shall, during the term of this Agreement, and any extensions hereof maintain in full force and effect commercial general liability insurance policy and automobile liability insurance policy, which specifically covers all exposures incident to the Contractor's operations under this contract. Such insurance shall be with a company acceptable to the City and.each policy shall be in an amount of not less than$1,000,000.00 Combined Single Limit for personal bodily injury, including death and property damage liability and the general liability shall include but not be limited to coverage for Premises/Operations, Products/Completed Operations, Contractual, to support the Contractor's Agreement or indemnity and Fire Legal Liability. In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella and/or excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in the State of Florida, as an additional insured as its interests may appear: and shall also provide that insurance shall not be canceled, limited or non-renewed until after thirty (30) days' written notice has been given to the City. Current certificates of insurance evidencing required coverage must be on file with the City at all times. Contractor expressly understands and agrees that any insurance protection furnished by Contractor shall in no way limit its responsibility to indemnify and save harmless City under the provisions of Section 26 of this Agreement. 26. INDEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses or damages the City may suffer as a result of claims, demands, costs or judgments against the City arising out of the wrongful acts or omission of the Contractor or its employees. Said liabilities, losses, damages, claim demands, costs or judgment arise directly out of the matters that are the subject of this Agreement and the work to be performed thereby. The Contractor shall not be responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence or other liability to the extent caused by the act or omission and caused by the sole negligence ofthe City or any one of its employees or agents. 27. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate records of the solid waste collection and/or recycling services during the Fiscal Year and for 31 - one year following the end of each Fiscal Year of the Contract... The Authority or its-designee _ shall have the right to review all records m9ritained by the Contractor upon 24 hours written notice. 28. POINT OF CONTACT:Any dealin& contact, notice etc. shall be directed by the Contractor to the Contract Administrator. 29. NOTICE:. Any notice, demand, communication, or request required or permitted hereunder shall be in writing and delivered in person or sent by certified mail, postage prepaid as follows: As to the City: City of Delray Beach 100 NW 1"Avenue Delray Beach,Florida 33444 Attention: Contract Administrator,Code Enforcement As to the Contractor: BFI Waste System of North Amricar Inc. 1475 S.W. 4th Avenue Delray Beach, FL 33444 Notices shall be effective when received at the address as specified above. Changes in the respective address to which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is acceptable notice effective when received, however, facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original of the notice must additionally be mailed as required herein. 30. DEFAULT OF CONTRACT.- A. The City may cancel this Agreement, except as otherwise provided below in this section, by giving Contractor thirty (30) days advance written notice, to be served as hereafter provided,upon the happening of any one of the following events: 1. Contractor shall take the benefit of any present or future insolvency statute, or shalt 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 reorgani4ation or the re-adjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof or consent to the appointment of a receiver, t ustee or liquidator - 32 - of all or substantially all of its property;or 2. By order or decree of a Court, Contractor shall be adjudged bankrupt or an order shall be made approving a petition filed by any of its creditors or by any of the stockholders of the Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal bankruptcy laws or under any law or statute of the United States or of any state thereof provided that if any such judgment or order is stayed or vacated within sixty(60)days after the entry thereof any,notice of cancellation shall be and become null, void and of no effect;unless such stayed judgment or order is reinstated in which case, said default shall be deemed immediate,or 3. By or pursuant to or under authority of any legislative act,resolution or rule or any order or decree of any Court or governmental board, agency or officer having jurisdiction, a receiver, trustee or liquidator shall take possession or control of all or substantially all of the property of the Contractor, and such possession or control shall continue in effect for a period of sixty(60)days; or 4. The Contractor has defaulted, by failing or refusing to perform or observe the terns, conditions or covenants in this Agreement or any of the rules and regulations promulgated by the City pursuant thereto or has wrongfully failed or refused to comply with the instructions of the Contract Administrator relative thereto, whether such default is considered minor or major, and said default is not cured within thirty (30) days of receipt of written notice by City to do so, or if by reason of the nature of such default, the same cannot be remedied within thirty (30) days following receipt by Contractor of written demand from City to do so, Contractor fails to commence the remedy of such default within said thirty (30) days following such written notice or having so commenced shall fail thereafter to continue with diligence the curing thereof (with Contractor having the burden of proof to demonstrate [a]that the default cannot be cured within thirty [30] days, and [b] that it is proceeding with diligence to cure said default, and such default will be cured within a reasonable period of time). B. However, notwithstanding anything contained herein to the contrary, for the failure of Contractor to provide collection service for a period of five(5) consecutive scheduled working days,the City may secure the Contractor's billing records(at the request of the City, the Contractor shall provide such records) on the sixth working day in order to provide interim Contract collection services until such time as the matter is resolved and the Contractor is again able to perform pursuant to this Agreement; provided, however, if the Contractor is unable for any reason or cause to resume performance at the end of thirty(30) worldng days all liability of the City under this Agreement to the Contractor shall cease and this Agreement may be deemed immediately terminated by - 33 - the City. C. Notwithstanding the foregoing and as supplemental and additional means of termination of this Agreement under this Section, in the event that Contractors record of performance shows that Contractor has frequently,regularly or repetitively defaulted in the performance of any of the covenants and conditions required herein to be kept and performed by Contractor, in the opinion of City and regardless of whether Contractor has corrected each individual condition of default, Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace period to correct, and all of said defaults shall be considered cumulative and collectively, shall constitute a condition of irredeemable default. The City shall thereupon issue Contractor final warning citing the circumstances therefore, and any single default by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative defaults, shall be grounds for immediate termination of this Agreement, In the event of any such subsequent default, City may terminate this Agreement upon the giving of written Final Notice to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day following the date of Final Notice, and all contractual fees due hereunder plus any and all charges and interest shall be payable to said date, 'and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final Notice, Contractor shall proceed to cease any further performance under this Agreement. U. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as otherwise provided in said paragraphs, termination shall be effective upon the date specified in City's written notice to Contractor and upon said date this Agreement shall be deemed immediately terminated and upon such termination all liability of the City under this Agreement to the Contractor shall cease, and the City shall have the right to call the performance bond and shall be free to negotiate with other Contractors for the operation of the herein specified services. The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing interim collection service. 31. PUBLIC WELFARE: The City shall have the power to make changes in, or to impose new and reasonable rules and regulations on, the Contractor under this Agreement relative to the method of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste or Recyclable Materials as shall from time to time be necessary and desirable for the public welfare. Provided,however, that any such rule or regulation shall be delivered to and receipted for by the Contractor, or if the Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any proposed change and an opportunity to be heard concerning those matters. The method of collection and disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited to, the manner, procedures, operations and obligations, financial or otherwise, of the Contractor. The Contractor shall be reasonably and appropriately compensated as determined by negotiation - 34 - and Agreement between the City and the Contractor for any additional__Servies_ or other obligations required of the Contractor due to any modification in the Agreement under this Section. 32. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same. Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any succeeding breach of such provisions or as a waiver of any prevision itself. 33. TITLE TO WASTE: The City shall at all times hold title and ownership to all Commercial and Residential Solid Waste, Vegetative Waste, Trash, Recyclable Material and all other waste collected by the Contractor pursuant to this Agreement and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of any such materials without specific written authorization from the Contract Administrator. 34. GOVERNING LAW AND VENUE: The Iaws 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 f lorida. 35. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under this Agreement in compliance with all applicable laws. 36. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent the entire Agreement from being void should a provision, which is of the essence of the Agreement, be determined to be void. 37. ASSIGNMENT AND SUBLETTING: No assignment of this Agreement or any right occurring under this Agreement shall be made in whole or part by the Contractor without the express written consent of the City. The City shall have full discretion to approve or deny,with or without cause, any proposed assignment or assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express written consent of the City shall be null and void and shall be grounds for the City to declare a default of this Agreement and immediately terminate this Agreement by giving written notice to the Contractor, and upon the date of such notice this Agreement shall be deemed immediately terminated, and upon such termination all liability of the City under this Agreement to the Contractor shall cease, and City 35 _ shall have the right to call the performance bond and shall be free to negotiate with other -contractors or myotlt�r person or company for the service of the franchise area which is the subject of this Agreement. In the event of any assignment, assignee shall fully assume all the liabilities of the Contractor. For purposes of this section a parent subsidiary or holding company shall mean any person, corporation or company holding, owning or in control of more than 101/6 stock or financial interest of another person, corporation or company. 38. MODMCATION: This Agreement constitutes the entire contract and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. Such modification shall be in the form of an Amendment executed by both parties. 39. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or as constituting the Contractor as the agent, representative or employee of the City for any purpose whatsoever. The Contractor is to be and shall remain an independent contractor with respect to all services performed under this Agreement. 40. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to this Contract due to municipal annexation or contraction will be as provided by Florida Statutes Section 171.062,as amended, or its successor. 41. CHANGE OF LAW: The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in Solid Waste Management legislation and that these and other changes in law in the future, whether federal, state or local, which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions or obligations under this Agreement. Nothing contained in this Agreement shall require any party to perform any act or function contrary to law_ To the extent that any lava effective after the opening and awarding of bids for this Agreement is in conflict with,or requires changes in,the provisions of collection service or exclusive rights set out in this Agreement, the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement as a result of change in law. 42. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Franchise Agreement including penalty clauses for any performance quality problems. 43. PUBLIC ENTITY CREMES: No Contractor may be a person or affiliate identified on the Department of General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process - 36 - because they have been found guilty of a public enmity crime. The Contractor is requ;_ii--e t4 compplyvvithTlorida Statutes 5eotion 287.133, as amended, or its successor. 44. SUBSTANTIAL CONTLLANCE: The Contractor shall promptly collect all materials disposed of by the customer, provided the materials are prepared and placed within substantial compliance with the guidelines as set forth herein. Any clarification as to the standards of substantial compliance shall be determined by the Contract Administrator. 45. INCORPORATE BID CONDITIONS: The General Terms and Conditions and the Special Terms and Conditions presented in the original bid package are hereby made part of this Agreement as additional conditions. 37 - In. Witaess Wiersof, the City of Delay Beach,-at a-regntar-meeting thereof-by acf'ion of the City Commission authorizing and directing the foregoing be adopted,has caused these presents to be signed by the City Manager, and the City's seal to be hereunto affixed, and BFI waste Systems of has executed this Agreement all as of the day and year first above written. North America, nc. CI I'Y OF DELRAY BEACH A ATT ST: By City Clerk David BF. SCtutidt, Mayor (Seal) Approved as to Form and Legal Sufficiency: By: Q- 44->, City Attorney CONTRACTOR: Attest; (�l I I U4 By: Corporate Secretary Sig;4(Seal) Witness: 7 Name: � f 1. 1 2 Approved by City Corranission on 2001, I#em 38 - If identical tie bids exist, preference will be given to the vendors who submit a certification with their bid certifying they have a drug-free workplace in accordance with Section 287.087, Florida Statutes. The drug-free workplace preference is applied as follows: IDENTICAL TIE BIDS: Preference shalf be given to businesses with drug-free workplace programs. Whenever two or more bids, which are equal with respect to price, quality, and service, are received by the State or any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. As the person authorized to sign this statement, I certify that this firm complies fully with the following requirements: 1. This firm publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession., or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. This firm informs employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1.). 4. In the statement specified in subsection (1), this firm notifies the employees that, as a condition of working on the commodities or contractual services that are under bid, they will abide by the terms of the statement and will notify the employer of any conviction of, or-plea of guilty or nolo contenders to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five(5) days after such conviction. 5. This firm imposes a sanction on or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 5. This firm will continue to make a good faith effort to maintain rug-free workplac thro h implementation of this section. - Contractor's Name - Signature DFWA Exhibit ��• 1�lJr'LrC�� a�iG I.�vP,�. SUPS 777��D rhJ r 13 r13 t 4y5 Piti s- Ri'At, %X'E"!"CHR :1�.t1, �LLt\i�l�(ili[ �� FA, 531.762.0h00 September 12, 2001 Mr. Richard Wurst The Beacon Group 6001 Broken Sound Parkway Northwest Suite 500 Boca Raton, FL 33457 RE: PERFORNI,ANCE BOND FOR CITY OF DELRAY BEACH Dear Richard: Enclosed please find the bond needing FL agent signature. Please sign the bond on all areas indicated. Please priority overnight the original bond to: Sally Stanton BFI Waste Systems of North America, Inc. 1475 S.W. 4th Avenue Delray Beach, FL 33444 561-278-1443 ext. 413 Our Fed-X account number is 1274-0893-9 PIease fax a copy of the signed performance bond to us at (630)762-0819. Thank you for your assistance in this!! Sincerely, WEIBLE/CAHILL & FORMER, LLC CL Sq'c"� Theresa A. Snow, CIC, AIM Encl. CC: Sally Stanton Via Fax #561-279-9614 FLORIDA COMMON LAW PERFORMANCE BOND _ - - - _ NO. .. a AMOUNT: $2,900,000.00 KNOW ALL MEN BY THESE PRESENTS, that BFI_xaste Us tema of Month America. Inc. W of Delaware hereinafter called the CONTRACTOR (Principal), n whose principal address and phone number is 1475 G. b Aye- neyray nAF',,_ VT. 13444 954-47 -9277. p_ and National Fire Insurance Comvanv of Hartford, a duly organized corporation, nationally recognized surety company licensed and/or registered to w P engage in the surety business in the State of Florida and enter into agreements of surety with a 4 resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, the principal address and phone number of which is 04 W and and existing under and by virtue of the laws of the P4 00 State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray a a P Beach, Florida as OWNER (Obligee),. whose principal address and phone number is 100 NW 0 " 0 .4 First Avenue, Delray Beach, Florida 33444, (551) 243-7000, in the sum of m e Two Million Nine Hundred Thousand and 00/100 Dollars (52900,000.00 ) , y Q ° lawful money of the United States of America, for the payment of which, well and truly be made r. W W 0 Ito the OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs, Z = 009x0, 0 ,.., � 12 executors, administrators, successors, and assigns, jointly and severally, firmly by these presents H °o o oas follows: do x: Ln THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached with the OWNER, dated r,,, r• M 0 to furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein, for a project entitled as: C=OF DELRAY BEACH SOLID WASTE COLLECTION SERVICES NOW, THEREFORE, the conditions of this obligation are such that if the above bounden CONTRACTOR shall in all respects fully, promptly, and faithfully comply with the terms and conditions of said Contract Documents (which include the Plans, Drawings, Specification, and conditions as prepared by said CONSULTANT, Advertisement for Bids, Instructions to Bidders, the CON TRACTOR'S bid as accepted by the above OWNER, the Bid and Contract Performance and Payment Bonds, all Addenda, if any, issued prior to the opening of bids and change orders), and shall indemnify and save harmless above OWNER against and from all costs, expenses, damages, including but not limited to damages for delay due to contractors default, attorney's PB-1 Exhibit fees, including appellate proceedings, injury, or foss of which said OWNER may be subject by reason of any wrongdoing, misconduct want of care or slcif), -negligence,failure to-petition within the prescribed time, delay or default, including patent infringements, on the part of said CONTRACTOR, his agents, or employees, in the execution or performance of said CONTRACT; then this obligation shall be void; otherwise, to remain in full force and effect for the term of said Contract, including any and all guarantee periods as specifically mentioned in said Contract Documents; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications or any other changes, compliance or noncompliance to the terms of the Contract as to the work or to the Specification. The Surety shall be responsible for delay damages due to Contractors default and consequential damages for Surety's failure to fulfill its responsibilities as set forth herein. Any suit under this bond must be instituted within five years from the date the cause of action accrued. IN WTINESS WHEREOF, the above arties bounded together have executed this instrument in five (5) original counterparts this day of Arm,6*.,r ,�Zcn/ the name and corporate seal of each corporate parry being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR(PRINCIPAL) (Firn Name) �} By r,A (Signature) hest lRlw� .S 0"Its-r (Print or type) 60RIDA JLESID0 i A4XWl (Seal) PB-2- Exhibit National Fire Insurance Company of Hartford Surety ATTEST: (SEAL) By SEAL Phy lzs oyd, Attorney 'n-Fact Approved as to form: �p � �� Date 'I A.O,% City Attorney . CORPORATE ACKNOWLEDGEMENT STATE OF Illinois COUNTY OF The foregoing instrument was acknowledged before me this 6th day of September by Patrice L. Laughlin (name of officer or agent, title of officer or agent), of Weible, Cahill & Forker, LLC an (name of corporation. acknowledging), a Company linois Limited Liability {state or place of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not) take an oath. Signature of Person Taking Acknowledgment Patrice L. Laughlin Name of Acknowledger Typed, Printed or Stamped ENoPubfic.FFICLAI 5EAL" RICE:�_. Er4t�l3HLIN 5cete of 1lllnols t 1404 I:xp9ralx 9119104 PB-3 Exhibit FLORIDA PAYMENT BOND BOND NO. AMOUNT: $2,900,000.00 KNOW ALL MEN BY THESE PRESENTS, thaBFI Waste rstems of North America. Inc. of Delaware hereinafter called the CONTRACTOR (Principal), - whose principal address and phone number is l 4 zc 41-'h Au,,- nelray Reza,,_Fr. 1131A IAL4 954473-9272 and National Fire Insurance CoMpany of liar ford a duly organized corporation, nationally recognized surety company licensed and/or registered to engage in the surety business in the State of Florida and enter into agreements of surety with a resident agent licensed and having an office in Palm Beach, Dade, Broward or Martin Counties, Florida, the principal address and phone number of which is and and existing under and by virtue of the laws of the State of Florida, hereinafter called the SURETY, are held firmly bound unto the City of Delray Beach, Florida as OWNER (Obligee), whose principal address and phone number is 100 N.W. First Avenue, .Delray Beach, Florida 33444, (561) 243-7000, in the sum of Two Million Nine Hundred Thousand and 00/100 Dollars ($2,900,000._00_____), lawful money of the United States of America, for the payment of which, well and truly be made to the OWNER. The CONTRACTOR and the SURETY bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents as follows: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT: WHEREAS, the CONTRACTOR has executed and entered into a certain Contract hereto attached with the OWNER, dated G'a'r cr f W2-�gEto furnish at his own cost, charges, and expense all the necessary materials, equipment, and/or labor in strict and express accordance with said Contract and the Plans, Drawings, and Specifications prepared by the Owner's, all of which is made a part of said Contract by certain terms and conditions in said Contract more particularly mentioned, which Contract, consisting of the various Contract Documents specifically mentioned herein and relative thereto, is made a part of this Bond as fully and completely as if said Contract Documents were set forth herein, for a project entitled as: CITY OF DELRAY BEACH SOLED WASTE COLLECTION SERVICES 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-7. NOW, THEREFORE, the conditions of this obligation are such that if the above-bounden CONTRACTOR shall promptly make payments to all persons supplying materials, equipment, and/or labor used directly or indirectly by said Contractor or subcontractors in the prosecution of the work provided for in said Contract in accordance with Sections 255.05 or 713.23, Florida Statutes; then this obligation shall be null and void and of no further force and effect; otherwise to remain in full force and effect; AND, the said Surety for value received, hereby stipulates and agrees that no change involving any extension of time, or addition to the terms of the Contract or to the work to be performed, or materials to be furnished thereunder, or in the Plans, Drawings, and Specifications accompanying the said Contract shall effect said obligation of said Surety on this bond, and the said Surety does hereby waive notice of any such changes, extension of time, alterations, or additions of the terms of the Contract, or to the work, or to the Drawings and Specifications or any other changes, compliance or noncompliance to the terms of the Contract as to the work or to the Specifications. Claimant shall give written notice to the Contractor and to the Surety as required by Sections 255.05 or 713.23, Florida Statutes. Any actions against the Contractor or the Surety shall be brought within the time specified by Sections 255.05 or 713.23, Florida Statutes, IN WITNESS WHEREOF, the above parties bounded together have executed this instrument in five (5) original counterparts this -dA day of IW2a01 the name and corporate seal of each corporate party being hereto affixed an� d those presents duly signed by its undersigned representative, pursuant to authority of its governing body. CONTRACTOR America, Inc. FirLame 1 By Signature Theresa Fir Snow, Power of Attorney Q2 Attest Ac~() S. uvt(pu ° (Type or print) FLof_ID& 12e5ive i-r Ade3,►Z (Seal) PYB-2 SURETY Natinnal k'i Tng?1rgjjC r no"u Rartford By: (Seal) Phy is cayd, Attorne -in-Fact Attest APPROVED AS TO FORM: Date [ —C [ 14,3%City Attorney CORPORATE ACKNOWLEDGEMENT STATE OF Illinois COUNTY OF The foregoing instrument was acknowledged before me this 6 th day of September _ by Patrice L. Laughlin (name of officer or agent, title of officer or agent), of Weib1e. Cahill & Porker. LLC _ (name Of corporation acknowled n an Illinois Limited Liabil't Cam n g), stlte or$Me of incorporation) corporation, on behalf of the corporation. He/She is (personally known to me) (or has produced identification) (type of identification) (as identification) and (did/did not take an oath. w Signature of Person Taking Acknowledgment Patrice L. Laughlin Name of Acknowledger Typed, Printed or Stamped EpATRICE QF'FCCL4L SE14L.° L. IAUGHUN Publle.State of illlnois mrnissi'n Mxp s Oh 9 PYB-3 LB- ITTED POWER OF ATT RNEY BFI Waste Systems of North American, Inc. and National Fire Insurance Company of Hartford (Principal) (Surety) hereby grants the City Clerk of the City of Delray Beach Power of Attorney to insert the date of execution on the contract, surety bonds to the contract and agreement entitled In Witness Whereof, a iona-e a msu°ancee ave l�efeuht0 sef their hand and seal this 6,;,, _ o Y ��991 B'I Waste Systems of North,_„ erica. nc. Principal (SEAT.) Theresa A. Snow, Power of Attorney Witnesses: National Fire Insurance Com ny of Hartford Surety (SEAL) f Ph llis S° d, Attorne Y Y y-inwFact CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The foregoing instrument was acknowledged before me this - 6th day of September 2001 by Patrice L. Laughlin (name of officer or agent , title of officer or agent), of Weibl p. irahi.7.1--&-Fnrker.LLiv _ (name of corporation acknowledging), an 1linois Limited Liabil(,"te or place of incorporation) corporation, on behalf of the corporatio . e/She is (personally known to mel (or has produced identification) {type of identification) (as identification) and (did/did -not) take an oath. ok&�, tv. Signature of Person Taking Acknowledgment Patrice L. Laughlin Name of Acknowledger Typed,Printed or Stamped =Pubffc,state elf.° GHLIN of iiiinois es o911Slfi�' 1 LPA-I --L-LI-E-D- WASTIE- - - - - INDUSTRIES , . ANC , POWER OF ATTORNEY Allied Waste Industries.Inc.,incorporated under the laws of the State of Delaware,and having its chief place of business at 15880 N.Greenway-Hayden Loop.Suite 100,Scottsdale.Arizona,85260,hereby makes,constitutes and appoints Welble,Cahill&Company,LLC,acting through and by William P.Welble or William F.Cahill,Theresa A.Snow,Esther C.Jimenez,Patricia J.Kenis or Molly Moran,its true and lawful attomey.and affix its corporate seal to and deliver for an on behalf as surety thereon or otherwise,bonds of any of the fallowing classes,to wit. I. Surety bonds andfor bid bands to the United States of America or agency thereof.Including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; license and permit bonds or other indemnity bonds under the laws,ordinances of regulations of any state,city,town,village,board,other body organization,public or private,bonds to transportation companies;lost instrument bonds;lease bonds,workers compensations bonds;miscellaneous surety bonds;and bonds on behalf of notaries public;sheriffs,deputy sheriffs and similar public officials. 2. Surety bonds and/or bid bands on behalf of Allied Waste industries,Inc.and its subsidiaries, Included,but not limited to,Allied Services,LLC,Allied Waste Systems,Inc.,Allied Waste Transportation,Inc.,American Disposal Services of Missouri, Inc.,and BFI Waste Systems of North America,Inc.,in connection with bonds,proposals,or contracts. To sign and seal all bid bonds and surety bands on behalf of Allied Waste Industries, Inc.and Its subsidiaries,relating to the provision of solid waste collection,transportation,recycling,or disposal services by Allied Waste industries,Inc.and its subsidiaries. Allied Waste Industries,Inc.hereby agrees to ratify and confirm whatsoever Welble,Cahill&Company,LLC shall lawfully do pursuant to this power of attorney and the procedural guidelines set forth to Welble,Cahill&Company,LLC,and until notice or revocation has been given by Allied Waste Industries,Inc.the acts of the said attorney shall be binding on the undersigned. IN WITNESS WHEREOF this POWER OF ATTORNEY has been signed this 1 �'day of April,2001. on behalf of Allied Waste Industries,Inc,by its Vice Presfdent,LV�r. elm. AIIIed By Steve .H State of Arizona ) ss. County of Madcopa Subscribed and sworn before me this 10"'day of April,2001 by Steven M.Helm. J et L eems,Notary Public JANET L WEEMS Notary Public-Arizona MARICOPA COUNTY My Commission Expires JANUARY t4, 2' 15880 N. Greenway-Hayden Loop, Ste i00 / Scottsdale, AZ 85260 1 480.627.2700 /480.627,2701 FAx POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-FACT Know Ail Man By These Presents,That Continental Casualty Company,National Fire Insurance Company of Hartford,and American Casualty Company of Reading.Pennsylvania(herein called"the CNA Companies"),are duly organized and existing corporations having _ttseir-pdncipaloffces-in-the--city-cf.Chicago,and-tale of-lilinoi!s�and-that-Umy-dc;rby- irtue-ofrt semis-harem afffxed�sereby make,constitute and appoint William P.Weible,Molly M.Moran,William Cahill Kimberiv Sawicki,Deborah Buss,Esther C,Jimenez,Theresa A.Snow, Amy E.Callahan,Patricia J, Kenis,Phyllis Boyd.Individually -° of West Chicago,Illinois their true and lawful Attomey(s}in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other abiigatory instruments of similar nature ---In Unlimited Amounts— and to bind them thereby as fully and to the same extent as If such instruments were signed by a duly authorized officer of their corporations and all.the.acis of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-Low and Resolutions.printed an the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. in Witness Whereof,the CNA Companies have caused these presents to be signed by their lice President and their corporate seals to be hereto affixed on this 6th day of July:2001. s Y ae fi Continental Casualty Company +rirto National Fire Insurance Company of Hartford e t 71 American Casualty Company of Reading,Pennsylvania U 31=J�L `s � t tsrt Iasi Michael Gengler Group Vice President State of Illinois,County of Cook,ss: On this 6th day of July,2001,before me personally came Michael Gengler to me known,who,being by me duty sworn,did depose and say.that he resides in the City of Chicago.State of Illinois;that he is a Group Vice President of Continental Casualty Company,National f=ire insurance Company of Hartford.and American Casualty Company of Reading,Pennsylvania described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. �e 1°!NM aaa a MaM a°�Na aaa° i °QFFtCIAL SEAV i FAULKIM Wj tE 19.0W*4111 a • MMa11111��111aowiRAi aN VCLJ.- My Commission Expires September 17,2001 Dane Faulkner Notary Public' CERTIFICATE I,Mary A.Ribikawskis,Assistant Secretary of Contnental Casualty Company,National Fire Insurance Company of Hartford,and Amerman Casualty Company of Reading.Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in forme,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force.In testimony Whereof have hp eunto subscribed my m ind affuaed the seal of the said corporations this 6 th day of P Continental Casualty Company *r �y�orrayr� National Fire Insurance Company of Hartford o + a xl<r American Casualty Company of Reading,Pennsylvania u SEAL 1r let - MaryA.Ribikawskis ,assistant Secretary 'Rev. 1/23101) too MAR no NZA Y- '� - EXH[BrT z Apprnved-ate-Schedule -- - FCC 2001-02 Monthly Rate Residential Collection fPer jLm Services Curbside Rollout Cuitside Bag Rear-Door Owner Multi-Family Cart Container Solid Waste Collection S Is S s Vegetative Collection $ S is Recycling Collection $ S $ $ Total Collection Fees S S Franchise Fee $ S s (5%of coil.fees) (5%of colL.fees) (5%of coil.fees) (5%of coH.Fees) Cart R&R Fee $ .90— 5 .00 $ .00 $ .00 Admin.Fee IS .35 S .35 .35 S .35 Total/Month/Unit S S $ S Commearcial Solid Waste and RecvcHnng Collection Rates Container Collection Rate $ per cubic yard Compactor Collection Rate(12 cubic yards or less) $ (1.25 x the container collection rate) Compactor Collection Rate(more than 12 cubic yards) S per pull Roll-off Collection Rate $ per pull Franchise Fee 5%of Collection Rate per Container Franchise Agreement Exhibit I Exhibit" -- --- - - - -.....RATESDET-ER1MM- D-ZY—TS7,CT EN-01 TO BE ADJUS D DLMJNG SPECIAL SERVICES Service Rate ar service Rolling Out Commercial 95 gallon $1.00(no charge for commercial less than 10 feet) container(10 or more feet) Rolling Out Container(and returning it to $2.70 original location) Opening(and closing)Doors or Crates No Charge Lochs for Containers $9.00(one time) Charge for Replacements based on cost x-10% Unlocking Containers $1.35 Supplying(and retrofitting) $55.00 locking mechanism on container Adding wheels to or changing wheels on No Charge Containers Adding lids to or changing lids on No Charge Containers Moving Container Location Per Customer No Charge Request Changing Out Sizes(above twice per $25.00 year)* Additional Scheduled Pick-ups for Same as Applicable Commercial Collection Rates Residential Containerized Customers (No Disposal Charges) Additional Unwheduled(not including 3 times Applicable Commercial Rates "on-call")Pick-ups for Commercial and (No Disposal Charges for Residential) Residential Containerized Customers Special Service or special equipment required because of impaired Negotiable accessi tty * The first two change outs are free to the customer. Franchise Agreement Exhibit I Exhibit RATES-DETERJD ;YTHI,CITY OT TO BE ADJUSTED DURING TERM) MONTHLY CONTAINER RENTAL RATES CONTAINERS SIZE RATE I YD $18.70 2 YD $19.40 3 YD $21.44 4 YD $22.21 6 YD $25.53 S YD $27.09 10 YD $32.79 COMMER SOLID WASTE AND VEGETATIVE DISPOSAL CHARGE The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on a calculation supplied by the Authority and the tipping fee. The calculation for non-compacted Garbage and Trash is 134 lbs./cubic yard times the Authority's tipping fee ($/ton) times 1 ton/20W lbs. = $!cubic yard. Commercial non-compacted Vegetation is calculated at 275 lbs./cubic yard times the Authority's tipping fee($/ton)times I ton/2000 lbs. = $/cubic yard. The compacted rate for commercial solid waste or vegetative waste may be billed at either the actual expense or three times the rate for non-compacted solid waste or vegetative rate, respectively. Franchise Agreement Exhibit 1 Exhibit EXMrr IF Payment Adjustment Schedule The annual consumer price index(April to April, Ali Urban Consumers-not to exceed 3%)adjustment shall be applied to the base residential and commercial collection,rates only as shown in Exhibit I and as provided within this Agreement. Consumer Price Index(CPI),U.S. City Average, (Unadjusted),Alt Urban Consumers, Ali Items. Franchise Agreement Exhibit 2 Exhibit EXH:TBTT III COLLECTION FRANCHISE AUNT PERFORMANCE BOND REQUIREMENT The armual performance bond due to the City from the Contractor is calculated as: ross Annual Contractor Revenues =Performance Bond Reguind Franchise Agreement Exhibit 3 Exhibit CITY OF DELRAY BEACH, FLORIDA SParAa Bt�E -Residential Waste&Recyding Calledw &wndaries- GUL` } , q1 /1 ; bf f L�XI[Alit l ROAD NN A ` t S-w 7RD .S ri . o IA L-3e-'AN•L cou ECT]OM Tym ® E3 13 E3 C3 y 1�pY NON64Y lilp$i1aY NE5z]AY tICDN£SDaY KrW 4CSDAY •- }EGR�'Ait6ACiE ! 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U r r r N r ly N r w of r Y r � 6 C (D M N N M 19 M h a M lO N W h W G7 t0 W W M 0 th O M w ItY CO M M A n R N w 1[1 ut N M 17 p` a M O m M N M le N W to to 0. h t0 v N 95 co N M O SO O O .O W t N W v N M ge CO f� N 10 M M m (7 M m O Of_ N C17 T M Oi Cl1 m M N C) LO M Cn to 6T N M M M Cp co CO 01 N It O w 111 O ^ >n A u1 M L6 m R-17 ep r 0) M W M 4 W W M r n c7 In-A O G N (,�• 9 N M .- N M u7 O N M u7 R O M u1 tO Q M O 07 N R IPi A O Lc1 O O D1 N Q N r- N O == C3 .N- N M -T to co -0 tD CO .N- 0 W M ^ m N W NN co N M M CO C r N M co N co Tr r 18 r N N SCI L } _ N N N N N N M M M'M M V V V V LO 111 In SO 10 tp Ca m Co 0 n h R c N cn cm NM vto W NM � tpFA Nm do 0 NM wFn W NM , to 02 co W NM QW a 1n M M A 1 , 1: Page 3 R Pik Resi-Credits 200012001 s[a.1[, it 11 it I\% f Initial Residential/Governmental Disposal Credits For Fiscal Year 2000/2001 Jurisdiction: City of Delray Beach Hauler Browninq Ferris Industries Unit Type Number of Garbage/Trash Vegetation Grand Units Tons I Tons Totals FS!ngle Family 10,814 19.895.40 9,191.94 21,087.30 Multi-Family<5 7,896 5,290.32 NIA 5,290.32 Mobile Homes ==j29 6 325.60 179.fi8 497.2$ Multi-Famll a4 11, 95 8,580.30 NIA 8,580.30 Total Residential 30,601 26091.621 9 363.58 35,455.20 Governmental NIA 2,943.29 NIA 2,943,29 Grand Total NIA 29,034.91 9,363.58 381398.49 Tons Unit Type Number of Garbage/Trash Vegetation Grand Units Credits $$ Credits $$ Totals Single Farnil 10,8141 333,071.20 211,413.70 544,484.90 Multi-Family<5 7,896 1 148,128.96 NIA 148,128.96 Mobile Homes 296 9,116.80 3,948.641 13,065.44 Multi-Famil y>4 11,5951 240,248.40 N/A_L 240,248.40 Total Residential 30,601 - 730,565.36 215,362.34 94S 927.70 Governmental(Tons) 2.943.2.91 82,412.12 NIA 82,412.12 Grand Total NIA 812,97TT8T 215,362.34 $1,028,339.82 Credits Credit Distribution Authorization The undersigned individual represents that he/she has the authority to direct the distribution of the disposal credits for gty of Delray Beach Please distribute the disposal credits in the following manner: Municipality or Hauler GarbagelTrash Vegetation City of Delray Beach (% or tans) (%or tons) � Browning Ferri stries 0C:0 o a—6 a Signature 1017- aQ Print Name oc- A&r-O CID Title 9�—; N a,.�t,� -1b 'T SZ `LT o nZ Past Office Box 24693•West Pala Beach, Florida 33416-4693 Palm Beach:(861)697-2700-South and West county:930-2727-Fax:(561)640-340© A.'IsI.113W 1 t11 R PART%LR 1't1R St 11.111 tt STL St 11.1 'ni n5 July 14, 2000 Joseph Safford City of Delray Beach 100 N.W. 1st Avenue Delray Beach, Florida 33444-2612 Re: Preliminary 2000/200/ Governmental Assessment 0016 Dear Mr. Safford: Please review the preliminary 200012001 governmental assessment enclosed. for the property owned by your governmental agency or which you may rent from a government agency. The listing includes the property control number, a brief description, container size or residential category, frequency or units, annual tonnage and the total amount to be assessed. Please nofify us as soon as possible of any changes in service or ownership. This is not_a_ reguest for payment The final invoice will be mailed to you by 'November 1, 2000, with the principal due before January 1, 2001. If you have questions, please call (561) 697-2700, ext. 4739. We appreciate your attention to this annual review process, and look forward to bearing from you soon. Sincerely, A=/YAl� ' Susan G. Yanevic Accounts Receivable Supervisor Post Office Box 24593•West Palm Beach, Florida 33416-4693 _ Palm Beach:(561)697.2700.South and West County:930-2727•Fax:(561)640-3400 July 10, 2000 1141 fc!'lk7��E.k HK �I-� SOLID n-611 T[ V 'Tt1 iii CITY OF DELRAY BEACH PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000/2001 OCTOBER 1, 2000 TO SEPTEMBER 30,2041 SWA 0016 PROPERTY CONTROL NUMBER CONTAINER PICK-UP ANNUAL TOTAL AMOUNT DESCRIPTION SIZE FREQUENCY TONNAGE ASSESSED 08-43-46-05-00-000-1080 . POLICE BENEVOLENT ASSOCIATION 1 3CY 1XIV%[K 10.45 762.85 12-42-46-12-00-000-5020 FIRE STATION#4 2 95GAL IX/WK 3.48 254.04 + 4321 LAKE IDA 2 95GAL RECYCLING NO CHARGE 1242-46-12-00-000-5040 BARWICK DARK 18 20GAL 3X/WK 18.81 1,373,13 1.2-42-46-2404-001-0000 tAKEVIEW GOLF CLUB INC 1 2CY 2X/WK 13.94 1,017.62 12-42-46-25-00-000-1130 FIRE STATION#5 2 95GAL 1 X1WK 3.48 254.04 4060 GERMANTOWN RD 2 95GAL RECYCLING NO CHARGE 1243-46-08-00-000-3010 S CNTRL WASTE WATER TREATMENT 1 4CY IX/WK 13.94 1,017.02 1243-46-08-21-000-0500 BOY SCOUT BLDG CURBSIDE 2X/WK 1.95 142.35 12-43-46-16-01-020-0010 FIRE DEPT.HEADQUARTERS 1 4CY 1X/WK 13.94 1,017.62 4 95GAL I RECYCLING NO CHARGE Post Office Box 24693•West Palm Beach, Florida 33416-4693 Palm Beach:(561)697-2708•South and West County:930-2727•Fax:(561)640-3400 1 July 10, 2000 1 OUR 11AR7 K FOR CITY OF DELRAY BEACH lout}�, PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000/2001 OCTOBER 1,2000 TO SEPTEMBER 30,2001 SWA 0016 PROPERTY CONTROL NUM6ER CONTAINER PICK-UP ANNUAL TOTAL AMOUNT DESCRIPTION SIZE FREQUENCY TONNAGE ASSESSED 12-4346-16-o 1-044-0070 TENNIS CENTER' SHARES WITH CITY HALL 12-43-46-16-01-046-0010 MERRITT PARK 3 30GAL 1XNVK 1.57 114.61 12-43-46-16-01-051-0010 CITY HALL 1 8CY 3X1WK 83.62 6,104.26 1 8CY RECYCLING NO CHARGE 1 8CY RECYCLING NO CHARGE 1 ROLLOFF RECYCLING NO CHARGE 12-43-46-16-01-052-0010 COMMUNITY CENTER SHARES WITH CITY HALL 12-43-46-16-01-060-0120 HISTORIC PBC BLDG 1 45GAL 2X/WK 1.53 111.69 1 45GAL RECYCLING NO CHARGE 12-43-46-16-01-067-0052 CASON COTTAGE(HIST.SITE) 1 95GAL 1XIWK 1.74 127.02 1 95GAL RECYCLING 12-43-46-16-86-000-0010 OLD SCHOOL SQUARE 1 8CY 1XJWK 27.87 2,034.51 1 95GAL I RECYCLING NO CHARGE Past Office Box 24693 a West Palm Beach, Florida 33416-4693 Palm Beach:(561)697-2700•South and West County:930-2727•Fax:(561)640-3400 1 Jut 10, 2000 SOLID�sE+ Iti�1RI�I:RR k t1 kq'I:M11 I il,i\. CITY OF DELRAY BEACH PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 200012001 OCTOBER 1,20((00 TO SEPTEMBER 30,2001 SWA 0016 PROPERTY CONTROL NUMBER F CONTAINER PICK-UP ANNUAL TOTAL AMOUNT DESCRIPTION SIZE FREQUENCY TONNAGE ASSESSED 12-4346-16-01-077-0040 WORTHINGTON PARK 1 20GAL. 2XJWK 0.70 5 1.10 12-43-46-16-01-101-0070 LIBRARY 1 2CY 1XANK 6.97 508.81 12-43-46-16-01-101-0172 CHAMBER OF COMMERCE 1 2CY 1X/WK 6.97 508.81 124348-16—D3-001-0000 VETERANS PARK 11 55GAL 3XM1K 31.134 2,265.92 RAMBLING ROSE RIVERBOAT TOURS 1 3CY 2XANK-26 WKS 10.48 762.85 124346-16-01-134-0010 MARINE&HARBOR PATROL 1 6CY 3X/WK 62.71 4,577.83 12-43-46-16—E3-002-0000 FIRE STATION#2 2 95GAL 1 XfWK 3.48 254.04 35 ANDREWS AVE 2 95GAL RECYCLING NO CHARGE 12-4346-16-22-023-0010 SANQOWAY PARK 1 30GAL 3XANK 1.57 114.61 1 IGLOO RECYCLING NO CHARGE Post 01fice Box 24693•West Palm Beach, Florida 33416-4693 Palm Beach:(561)647-2700•South and West County:930-2727!e Fax: (561)640-3400 July 10, 2000 1 R!'�R t tit€c r()R S()I)III)%k AS7E Y)[.[`itc�� CITY OF DELRAY BEACH PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 200012001 OCTOBER 1,2000 TO SEPTEMBER 30,2001 SWA 0416 PROPERTY CONTROL NUMBER CONTAINER PICK-UP ANNUAL TOTAL AMOUNT DESCRIPTION SIZE FREQUENCY TONNAGE ASSESSED 12-43-46-16-22-023-0020 SO SANDOWAY PARK 1 30GAL 3X/WK 1.57 114.61 12-43-46-16-28-001-0200 PARK PAVILION-25 OCEAN BLVD 64 30GAL 2XlWK 66.89 4,882.97 12-43-46-17-00-000-3130 POMPEY PARK/BALL FIELDS 1 4CY 2XIWK 27.87 2,034.51 1 IGLOO RECYCLING NO CHARGE 12-43-46-17-00-000-3140 POMPEY PARK RECREATION BLDG 1 4CY 2)CANK 27.87 2,034.51 12-43-46-17-00-000-3160 POMPEY PARKISWIMMING POOL 1 20GAL EMPTIED INTO DUMPSTERS NO CHARGE 1 32GAL AT POMPEY PARK NO CHARGE 1 45GAL NO CHARGE 12-43-46-17-23-006-0110 ATLANTIC GARDENS CUR®SIDE 2X1WK 1.95 142.35 POLICE SUB-STATION 12-43-46-17-26-002-0230 AMERICAN LEGION HALL 2 95GAL I 2X/VVK 6.55 478.15 Post Office Box 24693-West Palm Beach, Florida 33416.4693 Palm Beach: (561)647-2700-South and West County:930-2727- Fax: (561)640-3400 - July 10, 2000 1ri[ R Ilk RT.\!-hF R CITY OF DELRAY BEACH -NOLID W v r3.N01 ru»ti PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 200012001 OCTOBER 1,2000 TO SEPTEMBER 30,2001 SWA 0016 PROPERTY CONTROL NUMBER CONTAINER PICK-UP ANNUAL TOTAL AMOUNT DESCRIPTION SIZE FREQUENCY TONNAGE ASSESSED 12-43-46-1745-001-0000 POLICE COMPLEX 1 6CY . 2XNVK 41.81 3,052.13 1 2CY_ RECYCLING NO CHARGE 2 95GAL RECYCLING NO CHARGE 12-43-45-17-49-050-0010 OFFICE COMPLEX 1 3CY 1XNVK 10.45 762.85 (ATTORNEY'S OFFICE) 2 95GAL RECYCLING NO CHARGE 12-43-46-19-00-000-1010 COUNTRY CLUB 1 4CY 3X/WK 41.81 3,052.13 2 2CY RECYCLING NO CHARGE 12-4346-20-01-008-0030 FIRE STATION#3 2 95GAL 1X/WK 148 254.04 651 LINTON BLVD 2 95GAL RECYCLING NO CHARGE 124346-20-01-009-0010 WATER TREATMENT PLANT 1 6CY 1XANK 20.90 1,525.70 CITY GARAGE 1 8CY 3XiWK 83.62 6,104.26 EVIR.SERV. DEPT.COMPLEX 1 4CY CARDBOARD RECYCLING NO CHARGE 4 95GAL RECYCLING NO CHARGE 12-43-46-20-01-018-0010 Io--,7 I HEADSTART DAYCARE CENTER 1 X'CY 3X/WK 3,0 9s')-)- 4 Post Office Sox 24693•West Palm Beach, Florida 33416-4693 Palm Reach:(561)697-2700.South and Vest County:930-2727 it Fax; (561)640-3400 July 10, 2000 Y(A R 1'\RT\I.R H)R CITY OF DELRAY BEACH PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000/2001 OCTOBER 1,2000 TO SEPTEMBE=R 30,2001 SWA 0016 PROPERTY CONTROL NUMBER CONTAINER PICK-UP ANNUAL TOTAL AMOUNT DESCRIPTION SIZE FREQUSNCY TONNAGE ASSESS O 12-43-46-20-01-028-0040 PINE RIDGE CEMETERY 1 95GAL 1X/WK 1.74 127.02 12-43-46-21-00-000-5000 ATLANTIC DUNES PARK 7 30GAL 3XlWK 10.97 800.81 - 12-43-46-21-01-001-0130 WOMEN'S CLUB CURBSIDE .2XIWK 1.95 142.35 12-43-46-21-01-008-0360 CURRIE COMMONS PARK 1 45GAL 2XIVVK 1.53 111.69 2 95GAL 2X/WK 6.97 508.81 12-43-46-21-09-002-0491 KN.OWLES PARK 4 30GAL CANS 3XNW 6.27 457.71 1 55GAL CANS 3XIWK 2.82 205.86 4 12-4346-29-07-000-0050 MILLER PARK 12 30GAL 3XNVK 18.81 1,373.13 11 20GAL 3XIWK 11.50 839.50 4 55GAL 3XNVK 11.29 824.17 1 4CY 3XIWK 41.81 3,052.13 1 IGLOO RECYCLING MQ CHARGE TOTAL 812.45 , 1�0 8 3 Post Office Box 24693-West Patrn Beach, Florida 33416.4693 Palm Beach:(561)697-2700- South and West County:930-2727-Fax: (561)540-3400 l i YOU R PAR INLR FfiN S01-11I 1k ASTS 501.1 FIE INS Q11cul-ation Fo muf Governme tat Assessments 204 October 1,2000 to September 30,2001 1. # ®umpsters X Cubic Yards X#of Pickups Per Week Equals Total Cubic Yards Per Week 2. Take Total Cubic Yards Per Week X 52 Weeks Equals Total Cubic Yards Per Year 3. Convert Total Cubic Yards Per Year To Tonnage-- Cubic Yards Per Year X .067 (134!bs per cubic yardt2oco) Equals Total Tons Per Year 4. Total Annual Tonnage x $73.00 Rate for FY 2001 Average Annual Tonnage per Unit By Residential-Category Cat# 1 1.95 Single Family Homes Cat# 2 .67 Multi-family 2-4 units Cat# 3 1.68 Mobile Homes Cat#4 .74 Multi-family 5 or more units Other Container Sizes 20 gallon = .10 cubic yard 30 gallon = .15 cubic yard 55 gallon = .27 cubic yard 95 gallon = .60 cubic yard Compactors at 3 to 1 ratio Post Office Box 24893•West Palm Beach, Florida 33415-4693 Palm Beach:(551)697-2700■South and West County.,930-2727•Fax:(561)'640.3400 CITY OF DELRAY BEACH —— — -BID-PRQPOSA OR�T To: City of Delray Beach 100 NW l"Avenue Delray Beach, Florida 33444 Project: Solid Waste, Vegetative waste, and Recycling Collection Services City Project Manager: Joseph M. Safford,Finance Director Bidder: Bidder Address: Date: Bidder Representative: Phone: BIDDER'S DECLARATION AND UNDERSTANDING The undersigned, hereinafter called the Bidder, declares that the only persons, or parties interested in this Bid are those named herein, that this Bid is, in all respects, fair and without fraud, that it is made without collusion with any official of the City of Delray Beach and that the bid is made without any connection or collusion with any person submitting another Bid on this Project. The Bidder further declares that no City Commission Member, other City officer or employee directly or indirectly owns more than five percent (51/) of the total assets or capital stock of the bidding entity, nor will such an individual directly or indirectly benefit by more than five percent(5%)from the profits or emoluments of this contract. The Bidder further declares that he has carefully examined the General Terms and Conditions, the Special Terms and Conditions, and the Franchise Agreement and that this Bid is made according to the,provisions and under the terms of these documents, which specifications are hereby made a part of this Bid. The Bidder further declares that any deviation from the General Terms and Conditions or the Special Terms and Conditions are explained on separate sheets labeled"Clarifications and Exceptions" and are attached to the bid submittal. Each deviation is to be itemized by number and specifically refer to the applicable specification paragraph and page. BPF-1 Bid Form a e 2 ADDENDA The Bidder hereby acknowledges that he has received Addenda No.'s to the General Terms and Conditions,.the Special Terms and Conditions or the Franchise Agreement. TAXES The Bidder hereby acknowledges that the sums bid below shall not include Florida sales or gross receipts tax amounts. The City of Delray Beach is exempt from these taxes on services. BID DATA SUPPLIED BY CITY The Bidder hereby acknowledges that the number of units, containers, cubic yards, or other data supplied by the City are good faith estimates for the sole purpose of determining bid awards. The City does not guarantee any minimum or maximum amount of work whatsoever. BID PRICES Bidders wishing to perform the residential solid waste, vegetative waste and recycling collection services for the City and Commercial solid waste collection services are required to submit bid prices as detailed below. Residential Solid Waste, Vegetative Waste and Recycling Collection Services I(We) propose to collect all residential solid waste, vegetative waste, and recycling from customers within the City of Delray Beach service area and to provide these services in complete accordance with the provisions of the General Terms and Conditions, the Special Terms and Conditions, and the Franchise Agreement. The bid prices below are for collection costs only. This residential bid includes single family and multi-family units. This bid does not include any special charges as shown in Exhibit I of the Franchise Agreement or City administrative charges, rollout cart fees or franchise fees. Commercial Solid Was#e I(We)propose to collect all commercial solid waste from businesses within the City of Delray Beach service area and to provide these services in complete accordance with the provisions of the General Terms and Conditions, the Special Terms and Conditions, and the Franchise Agreement. The bid prices below are for collection costs only. This bid does not include container maintenance, disposal, special charges as shown in Exhibit I of the Franchise Agreement or City administrative charges or franchise fees_ ATTEST: BIDDER: (Corporate Seal) Signature Signature Title Title BPF-1 BW-SUB NHS814C)N FORM - PROPOSED PROPOSED COLLECTION COLLECTION FEES ESTM ATED RATES PER Per SERVICE KNITS MONTH YEAR Residential Solid Waste S/F Curbside Rollout Cart 12,888 S/F Rear Door Owner 1,361 Container MIF Curbside Bas 2,505 M/F Containerized 13,847 Residential Ve etatWe Curbside Vegetative 16,754 Residential Rec clip Curbside Rec clin .16 754 Containerized Regcfing 13,847 TOTAL RESIDENTIAL N/A PROPOSED COLLECTION FEES ESTIMATED COLLECTION per SERVICE CUBIC YARDS RATES per MONTH YEAR Commercial Solid Waste Containers l O 3— S zS' 733,83-25 $ Rer Cubic Yard. Front-Load Compactor 5 281 per Cubic Yard Roll-Off Compactors I9 Haul Tull)Rate Only $ Per Pull NIA Commercial Recycling Containers 110 1,330 $ per Cubic Yard TOTAL COMMERCIAL Note: Collection rates should not include disposal, container costs, special services costs or City fees. Company Name By: Name: Title: Date: BPF-2 ADDENDUM NO. 1 CITY OF DELRAY BEACH BID NO.2001-21 SOLID WASTE,VEGETATTVE WASTE AND RECYCLING COLLECTION SERVICES Addendum No. I. dated March 5, 2001 to the Specifications and Contract Documents for the above referenced project is hereby declared a part of the original Specifications and Contract Documents, and in case of conflict, the following Addendum shall govern. Bidders are advised that the information contained in this Addendum is abbreviated and general in nature. It is the Bidders responsibility to include all items necessary for the proper execution, coordination and completion of all work/service directly affected by this Addendum. CHANGES ARE AS FOLLOWS: I, Replace"Bid Submission Form" (Page BPF-2)with attached revised page BPF-2. 2. Replace "Commercial Solid Waste Containers" worksheet with attached revised page reflecting 1,032 containers and 34,259 Total Cubic Yards per month. 3. A copy of the Solid Waste Authority "initial Residential/Governmental Disposal Credits for Fiscal Year 2000/2001" is provided and attached as additional information to Bidders. 4. A copy of the Solid Waste Authority "Preliminary 2000/2001 Governmental Assessment" is provided and attached as additional information to Bidders. 5. Amend"Solid Waste Disposal Costs"page 23-23 to include the following language: • Contractor shall be responsible for all fees, costs or penalties assessed by the Solid Waste Authority for any recycling loads that are rejected as being contaminated and where a disposal fee is charged. • Contractor shall be bound by all the terms and conditions found in the Agreement between the City and the Solid Waste Authority dated August 16, 2000 regarding the collection, data documentation and promotion of recycling materials. 6. Amend "Legal Requirement" in the General Terms and Conditions page GTC-2 to include the following language: Contractor shall abide by State law regarding any areas that are annexed into the City during the term of the Franchise Agreement. 7. The Bidder is requested to submit an alternative bid to reflect vegetative waste being picked up 6 days per week whereas the original bid is based upon 3 days per week, Bidders shall acknowledge receipt of this Addendum by co€npletin the appropriate section below and submitting with your bid package. Joseph M. Saflor dy Project Manager Addendum No . 1 Addendum No. i Authorized Signature: Name and Title: Company Name: Address: Phone Number: Fax Number: Addendum No. 1 BID SION FORM PROPOSED PROPOSED COLLECTION COLLECTION FEES ESTIMATED RATES PER per SERVICE UNITS MONTH YEAR Residential Solid Waste S/F Curbside Rollout Cart 12,888 S/F Rear Door Owner 1,361 Container M/F Curbside B s 2,505 Aff Containerized 13,947 Residential Vegetative Curbside Vegetative 16,754 Residential Recycling Curbside Rec clin 16,754 Containerized Recycling 13,847 TOTAL RESIDENTIAL N/A ESTIMATED PROPOSED COLLECTION FEES CUBIC YARDS CQLLECMN per SERVICE Per MONTH RATES per MONTH YEAR Commercial Solid Waste Containers(1,032) 34,259 $ per Cubic Yard Front-Load Compactor 5 281 $ per Cubic Yard Roll-Off Compactors 19 Haul (Pull)Rate Only $ Per Pull N/A TOTAL COMMERCIAL Note: Collection rates should not include disposal, container costs, special service costs or City fees. Company Name By: Name: Title: Date: BPF-2 AMENDMENT NO. 1 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED EPTF m x&2o,2oo, THIS AMENDMENT NO, 1 to the Solid Waste and Recycling Collection Franchise Agreement dated September 20, 2001 is made this & a2?L day of 2003 by and between the CITY OF DELRAY BEACH (the City) and WASTE MANAGEMENT, INC. OF FLORIDA ('WM-1), WITNESSETH: WHEREAS, the City and BF1 Waste Systems of North America (" BFI,,) entered into a Franchise Agreement elated September r 20, 2001, to provide for the collection of solid waste and recycling materials within the City; and WHEREAS, WM is in the process of purchasing certain assets of BFI, which include the franchise agreement with the City; and WHEREAS, this purchase is anticipated to close during the month of October, 2003; and WHEREAS, Section 37 of the Franchise Agreement between the City and BFI requires that BFI obtain City approval for the assignment; and WHEREAS, the City is currently engaged in litigation regarding the franchising of construction and demolition debris; and WHEREAS, WM has in the past sued the City regarding the franchise agreement; and WHEREAS, as set forth herein, WM shall agree to indemnify, hold harmless and defend the City regarding the current litigation brought against the City regarding the franchising of construction and demolition debri; and r. c WHEREAS, WM apologizes and the City Commission accepts WM's apology for filing suit previously when its franchise was not renewed; and WIIEREAS, the franchise agreement is hereby amended to provide that the term of this Agreement shall begin October 1, 2003; and WHEREAS, the franchise agreement is further amended to provide that the pickup times for residential service on Saturdays shall be no earlier than 7:00 a.m.; and WHEREAS, this amendment shall be of no force and effect if the purchase of certain assets of BFI by WM fails to close. NOW, THEREFORE, the parties agree as follows. 1. The recitations set forth above are incorporated herein. 2. The Agreement dated September 20, 2001., is hereby amended to provide that the City consents to the purchase of certain assets of BFI Inc. of North America by Waste Management Inc. of Florida. 3. Section 1, "Term" of the Agreement is hereby amended to provide that the term of the Agreement shall begin on October 1, 2003 and expire on September 30, 2008 and shall also be renewable for one five year term upon the approval of both parties. 4. WM agrees to take over the complete defense of the City and indemnify, defend and hold harmless the City, with regard the pending lawsuit in federal court captioned Southern Waste Systems, LLC v. City of Delray Beach and BFI Waste Systems of North America, Case No. 03-80003 including, but not limited to the payment of attorney fees and costs at the trial, and appellate levels. WM shall not be required to pay any damages to the City under the indemnification and hold harmless 2 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 Plaintiff. WM further agrees that if any court of law should determine that the franchise agreement between the parties or the applicable ordinances concerning the franchising of construction and demolition debris violates any statute, constitution or Iaw, then WM shall voluntarily agree to amend any portion of the franchise agreement to comply with the Court's ruling and hereby voluntarily consents to the adoption of a revised ordinance that the City deems it needs to adopt to be in compliance with the Court order. 5. WM further agrees that prior to the filing of any claim or lawsuit against the City based upon a breach or default by the City under franchise agreement it shall notify the City, within 30 days, of the action or inaction giving rise to the claim or lawsuit. WM shall not claim any damages against the City greater than 30 days prior to its notification. Once WM files its claim, WM shall then have 90 days in which to file a lawsuit or legal action in a court of law against the City or it shall forever be barred from doing so. WM shall not attempt to sue, or threaten to sue and shall not sue, for any claim or cause of action if the City Solid Waste Collection franchise agreement is not renewed or otherwise extended. Moreover, WM shall not Me a claim, lawsuit or any other cause of action against the City based upon any "tipping" or "disposal" fees that it may or may not receive from the Solid Waste Authority. It is understood by WM that certain payments are made in arrears; accordingly, WM may only be allowed to file a claim or lawsuit based upon the failure of the City to pay the arrearages after the expiration or non-renewal of the franchise agreement and only for 3 A, C ttorney WITNESSES: WASTE MANAGEMENT, INC. OF zc6eA�� By: Harold Carter, District Manager rinted or typed) (Name printed or typed) STATE OF Floc-c COUNTY OF1trr. CI� The foregoing instrument was acknowledged before me this day of ems- , 200-6, by xralA !D.tF3rio — , as 1"�is—I r►ti— vv-4 r" (name of officer or agent, title of officer or agent), of W t4-+F— �_ (name of corporation acknowledging), a Slot,C�R_ -_- (state or place of incorporation) corporation, on behalf of the corporation. `/She is ,pzrsnj3a1iX—jaUMM to me or has produced (type of identification) as identification. Signature of Persor4raki 3,Acknowledgment Qrnw Name Typed, Printg or Stamped 4_ any ,� tic 8am�tg�f'� 5 AMENDMENT NO.2 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED SEPTEMBER 20,200 . THIS AMENDMENT NO. 2 to the Solid Waste and Recyding Collection Franchise Agreement dated September 20, 2001 is made this ;��day of 2006 by and between the CITY OF DELRAY BEACH (the City) and WASTE MANAGEMENT INC. OF FLORIDA("WM") WITNESSETH: WHEREAS, the City and BFI Waste Systems of North America (" BFI„) entered into a Franchise Agreement dated September 20, 2001, to provide for the collection of solid waste and recycling materials within the City (the "Agreement"); and WHEREAS, pursuant to Amendment No. 1 dated September 29, 2003, the City consented to an assignment from BFI to WM of the Agreement together with modifications to the term, indemndfication provisions and other provisions; and WHEREAS, the parties desire to further amend the Agreement to expand the collection of Curbside Residential Vegetative Waste to six days per week and to provide for the collection of waste from public transportation shelter receptacles; and NOW, THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The recitations set forth above are incorporated herein 2. All capitalized terms shall have the meanings set forth in the Agreement as amended unless the context requires otherwise. 3. Section 4(A)(1), of the Agreement is hereby amended to provide that Curbside Residential Vegetative Waste collection shall occur as set forth on the attached Exhibit'B" to this amendment. This modification shall be effective October 1, 2006. 4. New Section 46 is added: 46. C Service. Commencing July 1, 2006, WM shall collect, at least once a week, and dispose of Garbage and Trash deposited in public transportation shelter receptacles listed on Exhibit "A" and incorporated herein. The City shall pay Contractor $13.00 per site per collection per week This rate shall be subject to adjustment pursuant to Section 6 and Exhibit II. Contractor shall bill the City monthly in arrears for such service. S. This Amendment No. 2 together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon 2 any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 6. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terns and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid 'Waste and Recycli ng Collection Franchise Agreement on the day and year first hereinabove written. ATTEST: - CITY O DE B H,FLORIDA City Clerk By. erlman.,Mayor Approved as to legal form and sufficiency: L City Attorney 3 WITNESSES: WASTE MANAGEMENT,INC. OF FLORJDA Byfhn a grande ce President (Name printed or typed) (Corporate Seal) (Name printed or typed) STATE OF Mb-R;DA __ COUNTY OF kkD The f°regoIng-ins ent was acknowledged before me this day of t�aQlt, 200 by l��.:i4'S14 as (name of officer or agent, title of officer or agent), of - - (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is _personallyw� to aye or has produced (type of identification) as identification. Signature of Person T ' g Acknowledgment Name Typed,Printed or Stamped v,,�;°�� st�aair�wsrA� h1YDMWM f OD 4M'* EXPRE$;Jaat"29,2010 on w4dTt-iVilrykr" 4 r r EXHIBIT "A" DELRAY BEACH PROPOSED BUS SHELTER LOCATIONS SHELTER# LOCATED ON INTERSECTIn �llflLlFtAHT STOP# 1 Swinton Avenue Atlantic AvenNE 6452 2 Congress Avenue Lake Ida Rog 790 3 Lake Ida Road Congress AveSE 7316 4 N 1st Sheet NE 5th AvenNW 7617 5 West M Avenue 1 st Aven 7619 $ West antic Avenue 5W 2nd AvenSW 7877 7 S 12th Avenge W 4th StreNW 7111 B SW 12th venue Auburn Drive- 7112 9 West Atlantic Avenue Whiney Rd.(Op .DelrSE 1.10 .Swinton Avenue a Ida RoaSW 6358 11 e6Boulevard Egret Circle NW -7342 12 SW 10th Street Congress venSE 6374 '13 NW 5th Avenue NW 2nd St. AALK Dr.) SW 7323 *14 SW Stir Avenue West Atlantic Avenue SW 7324 15 SE 5th Avenue(US1) Atlantic Avenue SW 210 16 SE 6th Avenue(U .1) SE list Street NE 7681 17 SW 10th Street SW 11th errace SE 6437 18 -Swinton Avenue SE 1 Street E 6447 19 West Atlantic Avenue SW 14th Avenue SE 7673 20 West Atlantic Avenue NW Bth Avenue NW 7fi22 21 5W 10th.Street SW 10th Avenue NE 8529 22 SE 5th Avenue(US 1) S 10th et SW F15 23 Federal 1) Banyan Tree-Lane SW 2i7 24 Federal .(U 1) Linton Blvd. NE 286 25 Congress Avenue Linton Blvd. NE 782 26 So. Military Trail Delray West Ptm Ent. NE' 1155 27 So. Bocaray Plaza Ent. NE 11'50 28 Lowsm Boulevard Pines of Delray Ent: SE 6372 29 West Atlantic Avenue Sherwood Forest Dr. 5W 7301 . 30 West Atlanta Avenue Sunset Pine rive NW 7404 31 Barwick oa West Atlantic Avenue NE 7302 32 Con Tess Men Congress Park Ent. N n/a 33 Congress PBC Heap Dept. NE 917 34 Congress S 10th Street SE 785 35 S.Mi rte Wal-Mart nt. SW 1117 35 Federal Ha oursWe Dr. E 287 37 Blvd. Audobon 81W 7335 36 Congress #210 E 7S0 Federal Linde B . NE 28 N.S n#on venue NE 5th Street NE 5 41 Auburn Avenue Auburn Drive- NE 71 295 42 SW I OthAvenue SW 11rh Street SW 7407 43 SW 0th Avenue SW 11rh et NE 7421 44 SW 10th Avenue LlndeH Blvd. NE 7352 45 SW 10th venue Linton Blvd. SE 7344 46 Lindell Boulevard Lake elray Apts. 7423 47 1 LindeN Boulevard Dotterel Road NE----T-7339 LA I r Ui— UtrLHA Y Lj—AL;H, I WHILYA *`SEE REVERSE SIDE' Residential Curbside&Rear f Side Door Regular Garbage, Recycling,Buik Trash&vegetative Waste Collection Gays � #e€mataoA-&Gellec#eri Pmbiems 243�n 1 Code Enforcement Division Please visit our website at www.mydelravbeach cvm if SIX te w 4 0 La. n2 . k xw.fMSr w �� liLW3FtUCI; R ( ST. ; w x W.20 sr. 95 ana>�rrrc A ATL4NM .ASE 1a BOB &w awo ST. Q ti S �7FISr. 47t! liX ID7H ST. SE i[7X ST o H L$IfiTN ` $LY LiNIOK BL7ilLEY�4R0 RE Q 0 Z tas L��srAnrtit ARE4 CARBAG$ FlECYCLING ISULK VEGEI'ATI%Tz TRrgSH Tr3AASH OTUESDAY . FRIDAY TUESDAY FRIDAY FRIDAY MONDAY 2 & MONDAY MONDAY A+IdNDAY ¢ GARBAGE THURSDAY SEFZVICE TYPES TUESDAY FRIDAY FRIDAY. TUESDAY TUESDAY Z CURE SIDE RIONDAY Q CITY ROLLCART & THURSDAY THURSDAY THURSDAY (� ONE MR$ M SDA L�LiI cull Sme •• :: -----SCALE YEDNESDAY PAS77CJ340 '.,:;:•;: 5• & WEDNESDAY SATURDAY SATURDAY O SATURDAY REAR/SIDEDOOR Cr YOFDFLRAYaP-40t FL �+ WEDNESDAY Q OWNER CONTAINER PLANMf4G a ZGMNGD ZPAR7Ui:NT V & SATURDAY wEDNESDAY WEDNESDAY SEPTEWO?Mw SATUR3]AY **SEE REVERSE iw** n3nAL a4S--UVMnU. 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 Franchise Agreement dated September 20, 2001 is made this day of 'Till 2008 by anal. between the CITY OF DELRAY BEACH (the City) and WASTE MANAGEMENT INC. OF FLORIDA('WM"). WITNESSETH: WHEREAS, the City and BFI Waste Systems of North America (" BFI") entered into a Franchise Agreement dated September 20, 2001, to provide for the collection of solid waste and recycling materials within the City (the "Agreement"); and WHEREAS,pursuant to Amendment No. I dated September 29, 2003, the City consented to an assignment from BFI to WM of the Agreement together with modifications to the terra, indemnification provisions and other provisions; and WHEREAS,pursuant to Amendment No. 2 dated September 20,2006, the parties 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 terra, provide for a fuel surcharge, modify the rate adjustment for changes in the Consumer Price Index, delete exclusivity for temporary open-top rolloff service for construction and demolition debris at construction, demolition and renovation sites and require a written agreement for storm cleanup activities. NOW, THEREFORE, in consideration of the covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. The recitations set forth above are incorporated herein. 2. All capitalized terms shall have the meanings set forth in the Agreement as amended unless the context requires otherwise. 3. Section 1 TERM is amended to read as follows: The terra of this Agreement is hereby extended for five years and expires on September 30,2013. 4. Section 6A is amended to read as follows: Solid Waste and Recycling Collection Rate Adjustments. For all Collection services, the charges shall be initially based on the rates established in Exhibit I, and as subsequently adjusted pursuant to this Agreement. The Contractor shall receive are annual adjustment in the Residential Solid Waste Collection Service, Residential Recycling Collection Service, Commercial Solid Waste Collection Service and Commercial Recycling Collection Service rates. The adjustment shall be made to the combined category of Residential Solid 'Waste Collection Service and to Residential Recycling Collection Service and, separately to the combined category of Commercial Solid Waste Collection Service and Commercial Recycling Collection Service. At the end of the first year of this renewal term and each subsequent year, the collection portion of the rates in this Agreement shall be adjusted for G) changes in the Consumer Price Index ("CPI)and(ii)changes in fuel costs as set forth in Exhibit II. 2 The Contractor shall supply the City with such further information as may be reasonably necessary. Annual rate adjustments shall be effective October 1 of each year, beginning October 1, 2009, unless otherwise mutually determined by the City and the Contractor. 5. Section 20 NATURAL DISASTERS is amended by adding the following to the end of the Section: Also, if the City engages a storm debris removal contractor for storm debris removal, Contractor shall not be required to pick up the vegetative, bulk trash construction debris, or other storm debris {this does not include garbage and Contractor understands that the garbage collection may increase as a result of the storm) during the time the debris removal contractor is actively removing debris from the public rights-of-way. If the City wishes to engage Contractor in this storm debris removal it shall be by separate contract which shall be FEMA approved. Contractor agrees that if the City is still engaging its storm debris removal contractor after a period of 3 months from the date of the event and that Contractor has seen a reduction, that is out of the ordinary, in tonnage of waste hauled as compared to previous years, Contractor agrees to discuss a reduction in fees with the City. b. The Contractor historically has provided annually to the City $10,000 worth 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 City sponsored events. The City shall treat the in-kind service level as a sponsorship of the event and shall include Contractor as one of the advertised sponsors at the appropriate level where possible. 7. Exhibit I and Exhibit H are deleted and replaced with new Exhibit I and Exhibit H attached hereto and incorporated herein. S. Notwithstanding any other provision in the Agreement, temporary open-top rolloff service for construction and demolition debris at construction, demolition and renovation sites is not included in this Agreement 3 9. This Amendment No. 3 together with the original Agreement and any written amendments hereto, constitute the entire Agreement between the parties relating to the subject matter hereof. It is the final expression of agreement between the parties, thus, neither party shall be entitled to rely upon any conflicting oral representations, assurances, claims or disclaimers, made either prior to or simultaneous with the execution of this Amendment. 10. Except as expressly modified in writing herein or as modified by subsequent written amendments, all other terms and conditions of the original Agreement and any amendments thereto survive this Amendment and are deemed to be incorporated herein and are binding on the parties. IN WITNESS WHEREOF, the parties have executed this Amendment to the Solid Waste and Recycling Collection Franchise Agreement on the day and year first hereinabove written. A ,1 CITY LRAY BEACH,FLORIDA J ara f ty Clerk 17-3 08 Rita " ,Mayor Approved as to legal form and sufficiency: 4--C-ity Attorney 4 WITNESSES: WASTE MANAGEMENT,INC. OF FLORIDA ice Press lot- (N a printed or typed) I, •��'. (Corporate Seal) (Name printed or typed) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of d. 200 by P�i 1M JJ A W V i 1US as \,3 i c,f (re,S�c�� (name of officer or agent, title of officer or agent), of \akd' li�P�n�Aae �t�lc. 'l � (name of corporation admowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personaIly known to me or has produced (type of identification) as identification. Signature of Person Taking Alcknowledgment Name Typed,Printed or Stamped s MSALMVES& 5 EX IIMIT I Approved Rate Schedule Rates Effective October 1,2008 ^(Rates are Monthly unless otherwise indicated) Rates: Curbside Cart: Solid Waste $6.14 Recycling $2.50 Yard Waste $2.50 Total (net of FFs) $11.14 Rear Door Cans: Solid Waste $16.14 Recycling $2.50 Yard Waste $2.50 Total(net of FF's) $21.14 Curbside Baas: Solid Waste $4.14 Recycling $2.50 Yard Waste _ $2.50 Total(net of FF's) $9.14 Multifamily Containerized(per unit Solid Waste $3.10 Recycling $2.50 Total(net of FF's) $5.80 Commercial Rates: Commercial FEU yard(Collection Only)(Inc] FF"s) $5.50 Commercial Carts(monthly rate) $50-0 Bus Stop Receptacles (ratelsitelweek) $16.00 Rolloff Rate NOT INCLUDING C&D(per Haul plus disposal) incl FF's)$225.00 6 EXHIBIT 7A Approved Rate Schedule Rates Effective October 1, 2008 Contractor currently picks up individual 30-gallon cans along Atlantic Avenue,the beach area, and Pineapple Grove. Out of a total 104 containers, 84 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 City will reimburse Contractor for the disposal costs related to these containers. The City will be billed $7,390.66 annually which will 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.15 cubic yards X 6 pickups per week X 52 weeks X$1.88=$7,390.66 Should disposal costs be adjusted by the SWA,the above reimbursement shall be appropriately adjusted. 7 E?fi-IBTr II Payment Adjustment Schedule Consumer 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 consumers for Maori-Fort Lauderdale area, all items, as published by the U.S. Department of Labor, Bureau of Labor Statistics ("CPI"). Beginning on October 1, 2009 and on each October 1 thereafter, the foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding twelve (12) month period of April to April. Such upward adjustments shall be limited to a rolling cap of five percent(5%) per annum. Any CPI upward adjustments in excess of five percent (5%) in one (1) year will roll forward cumulatively until a year when the CPI upward adjustment is under five percent (5%). The excess CPI upward adjustment that has rolled forward will then be applied to the extent possible, not to exceed five percent (5%) in any annual upward adjustment. In no case shall the CPI based upward adjustment exceed five percent (5%) in any given year. The Contractor shall notify the City in writing of increases that are based on the CPI, as provided in this section prior to implementation. Should the CPI be discontinued or substantially modified, then an alternate index shall be chosen and utilized,with a comparable rolling cap, by mutual agreement of the City and the Contractor. Fuel Surcharge Contractor shall, on a yearly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE'°) website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as -follows: http-//tonto.eia.doe.gov/oog/info/wohdp/diesel.asp . The fuel surcharge shall always be calculated on the base rate charged to the City on the first year rate of this renewal and shall not be compounded on the subsequent years calculations.: The adjustment shall be effective October 1,2009 and every October 1 thereafter. After determining the average price of diesel fuel from the aforesaid website ("EIA/DOE 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 following table. Note that for adjustments not shown on the table, the calculation shall be extrapolated from those set forth: Waste Management- City of Delray Beach Fuel Surcharge Table TABLE FOR FUEL SURCHARGE CALCULATION Percent of Percent of Average Price Gallon Surcharge Avera a Price Gallon Surcharge 1.990 to 2.139 1.0.0% 4.240 ' to .4.389: 0.0% 2.140 to 2.289 -9.0% 4.390 to 4.539" 0.0% 2.290 to 2.439 -8.00/6 4.540 : to 4.68 0,0% 2. 140 to 2.589 -7.0% 4.69 to 4.839 0.0% 2.590 to 2.739 -6.0% 4.840 to 4.989 1.0% 2.740 to 2.8$9 -5.0% 4.990 to 5.139 2.0% 2.890 to 3.039 -4.0% 5.140 to 5.289 10% 3.040 to 3.189 -3.0% 5.290 to 5.439. 4.0% 3.190 to 3.339 -2.0% 5.440 to 5.589 510% 3.340 to 3.489 -1.0% 5.590 to 5.739 6.0% ...1490 ' ao 3.639 0.0% 5.740 to 5.8891 7.0% 3.640 to 3,789 0.0% 5.890 to 6.039 8.0% 3.93.9 0.0% 6.040 to 6.189 9.0% 3.940. It6JI, _ 4:089 .0.0%Q 6.190 to 6.339 10.0% 4.090 to' 4.239 0.0%6 6.340 to 6.489 11.0% http://tc)nto.ela.doe.gov/oog/info/wohdp/dlesel.asp Weekly Retail On-Highway Diesel Prices - Lower Atlantic Baseline Price- $4.69/gallon. Methodollo - 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 commercial). The CPI and Fuel adjustments are not compounded one upon the other but are calculated as set forth in the examples below. 9 Examvles of Adiust ents The first adjustment for CPI which is effective October 1, 2009, is based on the percentage change for 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 4.9%. That percentage change is applied to the rate from Exhibit I to determine the change due to the change in CPL If the rate was $10.94, the adjustment for CPI would. be $0.54 and the CPI adjusted rate would be $11.48 ($10.94+$0.54). The adjustment for changes in fuel costs is calculated by going to the Department of Energy website and determining the change in cost for the Lower Atlantic area for the period in question- -00 Ani � GR, ' tQiet R _bit All S .ients. iea#on _ 2008' 245.2 245.8 252.9 270.2 283.3 284.4 287.2 293.5 269.0 247.8 246.5 253.9 2007 240.7 242.3 261.8 279.3 274.4 276.3 280.9 280.2 290.4 301.4 333.6 330.9 -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 would be$10.94 (Contract Residential Base rate)x-2.0% or-$0.22. For the adjustment on 10-01-10, if the CPT 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 $.56 for CPI ($11.48 x 4.9%) and $.11 for fuel(Contract Residential Base Rate of$10.94 x 1%). 10 Putting the calculations together yields the fallowing: 101112008 10/1/2009 10/1/2010 CPI Calculation: Initial Rate $1094 $1094 $11.48 CPI $0.00 $0.54 $0.56 4.9% 4.9% CPI Adjusted Rate $10.94 $11.48 $12.04 Fuel Surcharge Calculation: CP1 Adjusted Rate $10.94 $11.48 $12.04 Fuel Surcharge* _ $0.00 ($0.22) $0.11 -Z.0% 1.0% CPI and Fuel Adjusted Rate $10.94 $11.26 $12.15 * Fuel Surcharge percentage applied to Contract Residential Base rate of$10.94. 11 AIVII-NDMENT NO. 4 T SOLID WASTF AND RE.CYCLING COLLECTION DATED SFPTEi\413FR 20. 2001 THIS ANIENDMENT N10- 4 to the Solid Waste and Recycling Colicclion FmneWse Agreement dawd SaMernher 2U. 2001 is inade Mis dav or 20h) by and between the CITY OF DELRAY 13F.ACH (the City) and WASTE iMANAGENIF.LNT INC. C)FFLORIDA ("WIN-11F11). WITNESSETH: WHEREAS. Be Franck is� Agreement dwcd Scpwnlxr 20. ART and as I allier iuucndvLL provides I'Lir the collection or soij(i wasle and rveyeling materials Whin the (Ty I the "Agreement"l; and WHWAS. Me %mchise Agmcnictit WaN fi'0111 131:1 ILI Wk[IF: iLIA WNE'RHAS, the parties desire to amend the Agorccrticill to providc for -,I ofific OR AV. A I ERE I&RE, in considenuimi or the coveemil I Is Contained hCrei n an(1 1`61. other pood and valuable Consideration. the rcccipi and NUI11CiCnCY 01' WhiCh is ',ICkI10WledyCLL the I The recitations set forth 111tINT are ineorporated herein. 'I The Contract !Administrator shall he the City N-lailager of, lIiS2hCr (JCSi,�jjQC. The Contract Administrator shall inenn the person Wig ,nated by the Uby M.aqager it [it) shall act as the Uy's Q •senwtive during the term Agreement. 3. Contractor shall not be alkwed to charge any 1`CC ILI the City or to imy residential or Commercial cusiomer unless such be is set forth in City ordinance or in the Franchise Agreenient or Contrwor has retch d mTNWn approwd from the Confinact Administrator to chard=c ;I1c11 It;e_ 11' C'01111;1t:10i' iS ch,lr`�itl�/leilltltlil� lecti that arc not spctciliclllly sel forth ill City Ordfllanl:e, tilt Franchise Agreement, (it' Where prior wrillen :111111-oval l}as h cn givell by the Contract A(fiIIillistrator. Contractor Shall iminctli:llely cca-,c char"ifw� renIitt ill g such i'ces and Shull immediately neitily [tic Contract Admillistritor In writillL! c11 Such action. -l. 111 Im e1Tll1'1 10 t:0116r111 tilt aCCuracl' of Commerclal Franchise I'c'ca remitted un ,l Illoiltllly basis, WN11V Wit provide the f:oll(rw Commercial Customer Frmichise Fee Summary (Billing Register Report) On a nl(nith1v basis, the City could randolllly select 10 to '_tl C=omn]et'cial Customers and request all detailed it11'clrmation regarding these accounts lrvill 11'\-1I F. The recluC>ted illtill-11latiun sflould 111(:l(lclt c11StOI1ICI' € dine, SCI-ViCC MILLI SS (nulliber :at(I atrect narllc shouid be 11ruN.-Ried in separate cells), eol}lainer W11r, irequency ol'llick-1.111, SlWehll Service lives (il'a1.1111icable). Administrative I,ec (it' applicable), fatal iticlnthly Frallellisc: f=ee earned Jroln the service provided and total mol]1111y Milled alliount earned Iro(ll The service provided. L1°11111° shall provide lllis detailed inlormation electronically (i_c., El'-illail), ill Hucl fi}rimit, to the Ow l(ii testing pul-PoseS, The City nmy c(]1)d11ct, oil R11 as ncecicfl basis, ,] test of these randonily selected Cusl(lllu:-s, Whis_I1 In L%-- ir]cl(tde field Vkits, 10 co11fi1'111 the :ICCUracy of Franchise fees received. ?. The defi€litiMl 01'Roll-offC'ollectioll Scr'iee is anleI dvd as 1i111ows: # Roll-off, collection servicc shall also Illeall the collcctioll 01' L11—s i(I c�;�st_t_ilt 1 €'i)I I-lift l't)il}llill:lll€'S_�?� solid waste from 11. ermancnt o]jL't -i kip_ri1.El_{lf'f_c_oll1ailiers:._�Y) I1c1r11cllllilral or agr€CUlturIll wastes at horticultural or agricultu1•111 11131'Scrlcs, but (lily «'he ) tile: CLIS10111et• chuuacs 10 tisc obeli top roll-ofT containers lilr 1101•liCUltttr€11 a€' agricultural baste, and horticultural and agricultural waste :~hall not include ally other tylle ell, u'astC, includiil4„ but not lililitcd to. special waste. uarbai-c or recyclable 111a1C1'1alti. 1 6. C'larit'ieali(ln Ills roving ekinlshell truck - The tleltliti(lnaf eE,lloshe[l truck atl(i clri\'ct' seI-VjCe assi��otcl to C:ocle;• I:r]tilt'ee11lei}1 shall 1liCk 1111 vegelative waste or bulk trash illltt is IlI ccd I jaeelll to the pavelllrilt oI- t-a>.'cl tvay 0l' the :,trectfallel' as directed by the City. 1=01- Collcclions 1'-0111 residt:116,11 1 properties the 1'ec Ior the collection, as set forth in City ordimtnce, simil be billed ,Intl 1 'al]l to11] llet'cial associated With by the 01? Collcctio11 teQ's x111,61-cement activitics) shall be billed 114• the City and remitted it' the colltracLor, 'I'lic clai .-diell truck shall 1101 be tlsecl 1'01- ally 11011 coele Ciltorcclnellt commercial collc•clitm ,et•\Ire. 2 aar rrawr. i - - 7. Sidewalk C'ont:tiners - The Contractor shall e011ect and di"'lio4e nl' the waste trom Ili,: Oiv sidewalk conlainer•s on a weekly basis and shall be paid the annual aniuunt tliat i; set forth in City orditl:121ce on a prorated rttomh1v basis (in arrears). ti. FIdlibitI to the Franchise rt�reenwnt i5 :rr13cncEcd as 1'0114)W;: RATES DETERMINED BY THE CITY (N( '!'O BF Ate US CED DURING 'I FRAJ MONTHLY CONTAINER. WEAL MAINTENANCE RATES CONTAINERS SIZE RATE I YI:) 4 YD f F I $22.21 T I I G YID $25.1,3 - --- S � I � - -- $ YID -----•----._---.�-- ------ ---- $27.09 _ �r ? I i t S.1�OO— --•-------- - I RXI'LS DE'TE RMINED BY THE CITY (NOTTO 13E ADJUS'LED DUIUNGTHItki) SPECIAL SERVICES Scn,icc Rate per Scrvice Rollill'.()ill Gmillicivial/p mh i-faqijl y 95 galloll (10 ur III(JI.L•feci) R-Alim,ow GlIllaillor(.IIILI iviurimi,., it to wiginal S2.70 01-k- g(and chasing) DowN or G.itcs No C1 Ian 59.000(1,)1IL'61W) 1.4 Icki for(I)JIUME'I's Clian,c for Replacelliclus b• wd ulic"'t + S1.37 I Unlockim-Gizimllh'n' t Supp-161" (.IIILI win-fill illg)lockint Nit)Clar,;L, Addin'. wh(vis to oi-dlalilmn'­ 11.11evis(.111 Cont.11'rWiN No Climx,c Adding lids 10 01-C11-.111,gilig lhk oil Ckmi-ainer's No 01.11"e Moving(Amullitr Location 11t:• 11:111 Flls Cusinincr Rquest S-1 3�nl 0 (')III S' (,IIIOVV( AL11116011A S• Cthlh'd lJiclt ui,s fOl' %ame as Applicable G-munt-real UXtxdon Rmv"; ("Imailk,size cal'itunwIN j (No DLspusal diargcs) t-tt-11 kall_0 Inscheduled(1110L itICILILI't]" 011-C.1jr tinics morc Applic.lblv CAmintercial Rate.,; fol-G)III111civial aild Residelmal (N(j I)iSP(MI1 L11.11 t`.ti f0l'RLdLICIIIiA G,1tILJI1lVIi7k'd CALAMIK-B ol,Sj)vk*i;11 ekill, ipment reqUIVOLI 11;'Ciltlm: of impaimd accemibilitV _.:.,F hc firsi two chaugc outs ail' I rct:, to dw custoniur 4 .Q 9. 11 MIF agrees and accepts the unit counts as oF Porli 1, 20 10 as Follows AUAR 15,080, BGAR 1425. CGAR-263 K, 1)GAR-14,001. As of the August 2()10 billing:, both parties agree that one hundred ninety one (191 ) units (Villa WE-Ste) will tic moved Wom CKjAR to AGAR. WIN4117 also agrees that Be City may change these counts in the future, based upon the construction or destt'uetion or units and/or upon .1 cuMornces reWlest to change the levelftype of service. WMIF agrees to pay to the City (within 20 days of the execution or Mis Amendment) the amount o1'S26,159.0# in full satisfaction or the issues set rnrth in the City's residential solid write prograrit analysis that was completed on July 5, 2010. The paHics agree that the issues raised in the residential and commercid reports issued by the City and presented to the City: C�(1I11n1i,"i011 at the July 13, 2(H0 commission meeting will have been fully satlstrld once the amount Wed above: has been paid to tha City and that neiMer party shall havc any right to make a clairn related to any overbilling, underpaymm tin billing error issue Out nmy have occurred prior to April 1, 2010, against the other- party, arising ottt or the Solid Waste Collection Franchise Agreement. 10. All franchise fee payments made 11'oni the contractor to the City shall be paid in arrears beginning in the month or0etober, 2010 and each munth thereafter. 11. This Amendment No. 4 tugeMer with the original A.g,reenlent and any written antendments herew, 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 patty shall be entitled to rely upon any conrlicting oral represents€kins, assumnecs, claims or disclaimers, made either prier to or simultaneous with the execution of this Aniendnicrit. 12. Except its expressly modified in writing herein or as modified by 5 f subscquent Written alllentintcnls, till k1jil r terms and conditions of- the ori�-i€ al Agreetnenl anti any ;intt'ItthltinCS t1lercto survive this Amcnelm nL and arc ticenied to he incorporated herein and are binding tnt the partics. IN WI`l \1.55 NVI IEItFO , the Partics have l xeci€ d tl)ls Anwntlnlent to till' Solid Waste and Reeveling. Collection franchise A-rcement oil the tl:sy anLl Yea" brit hercinabove written. A'1"1'EST: CITY OF DF'I,RAY 13E.AclI- 1--j- ]ZII}:1 City Clurk Nielson S. McI)ulTit NI %'Wr Approved as to le"al Corm and su1�I�it:icnc�r: City Attorney --- - - Y W IT itirl'SS1,S: WASTH s1EtAtifAfiEi1'1L:NT INV. OF FLORIDA (panic prinLcti or lyllctl) ((`orporate Seal) (n;lnlc I)s-i.11l5:tl or lyl)eti) 5'1'r41'I OF COUNTY OF The l61-c oing €nslrlinlcslt was acknowledged bel'ore we tlsi.s _ � day ol' �__�..�.�.-�c�Lt�(.u^_°_, ..�-- olfie�tr went. title ot, ofTicer tt€• .€` ell[), oI� WJ$te Milan"enlenL Inc. 01' l�luridn' a I'loridll corporation, on ltehalf'ol' the c()€-poratit)n. Ifel'Shc is personally knt»t•n to 113c or Isar l)r,.ttlut:etl .. . __ ,. .__.�_._ (t)'}'e tsI' �l�nlii'ic;ttittlt) ;ts idesltii�it:aliuit. NoIary I'lll)I1C, S i a t e o1'Fit!i i t I a aL 1.,1rgc ilnit: TVj)t;tl, f't'111Icd or Stamped END OF EXHIBIT "I" 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 Roll-Out Carts Monthly Service Cost Per Unit Garbage Collection $6.61 Recycling $2.68 Yard Trash $2.68 Total Fees--Contractor $11.97 Cart Replacement 00 Administrative Fee .35 Franchise Fee (5%) 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 Less C&D Credit -0.20 Total Fees $24.03 Curbside Disposable Bags With Vegetative Waste and Bulk Trash Pickup Monthly Service Cost Per Unit Garbage/Trash Collection $4.47 Recycling $2.68 Yard Trash $2.68 Total Fees--Contractor $9.83 Administrative Fee .35 Franchise Fee (5 0/6) $0.49 Less C&D Credit -0.20 Total Fees $10.47 (B) 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 good reason. Multiple--family monthly fees shall be based on a per-unit charge. These monthly rates assume two (2) pickups per week. If the amount of refuse generated requires more than two (2) pickups per week, then the third and all subsequent collections shall be charged by the Contractor at the commercial collection rate only. If using roll out carts located within enclosures for multi-family collection service, in addition to the monthly total fee (Lased 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 Collection& Hauling Rate Per Unit Monthly Monthly Service Cost Per Unit Refuse Collection $ 3.33 Recycling $2.68 Total Per-Unit Fee--Contractor $6.01 Administrative Fee 0.35 Franchise Fee (5%) $0.30 Less C &D Credit -0.10 Total Monthly Fees Per Unit $6.56 COMMERCIAL SERVICE (C) Commercial 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 less than one day a week not more than seven days a week. 13 (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 Container Pickup Frequency (Per Week) Size 1 2 3 4 5 6 7 2 Yazd Collection 46.50 93.00 139.50 186.00 23250 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 19.40 19.40 Fee Total Contractor 90.25 161.10 231.95 302.80 373.65 444.50 515.35 Fees Franchise Fee 9.03 16.11 23.20 30.28 37.37 44.45 51.54 (10%) Administrative 35 .35 .35 .35 .35 .35 .35 Fee Total Fees 99.63 177.56 255.50 333.43 411.37 489.30 567.24 3 Yard Collecd 69.76 139.52 209.28 279.04 348.80 418.56 488.32 on Disposal 36.53 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 Administrative Fee 35 .35 .35 .35 .35 .35 .35 Total Fees 140.85 257.77 374.69 491.61 608.53 725.45 842.37 4 Yard Collecti 93.01 186.02 279.03 372.04 465.05 558.06 651.07 on Disposal 48.71 97.41 146.12 194.83 243.53 292.24 340.95 Container Maintenance 22.21 22.21 22.21 22.21 22.21 22.21 22.21 Fee Total Contractor 163.93 305.64 447.36 589.08 730.79 872.51 1014.23 Fees Franchise Fees 16.39 30.56 44.74 58.91 73.08 87.25 101.42 (10%) Administrative 3S 35 .35 .35 .35 .35 .35 Fee Total Fees 180.67 336.55 494.45 648.34 804.22 960.11 1116.00 6 Yard Collecti 139.51 279.02 418.53 558.04 697.55 837.06 976.57 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 1665.22 15 8 Yard Collecti 186.02 372.04. 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 310.52 593.96 877.39 1160.82 1444.26 1727.69 2011.12 Fees Franchise Fee 31.05 59.40 87:74 116.08 144.43 172.77 201.11 (10%) Administrative 35 .35 .35. 35 .35 .35 .35 Fee Total Fees 34192 653.71 965.48 1277.25 1589.04 1900.81 2212.58 Commercial Front-Load Compacting Containers Container Size Pickup Frequency(Per 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 73.06 146.12 219.18 292.24 365.30 438.36 511.42 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 10% Administrative .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 87.16 174.32 261.48 348.64 435.80 522.96 610.12 Collection Disposal 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°/U Administrative .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 4 Yard 116.22 232.44 348.66 464.88 581.10 697.32 813.54 Collection Disposal 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 174.33 348.66 522.99 697.32 871.65 1045.98 1220.31 Collection Disposal 219.18 438.36 657.54 876.72 1095.90 1315.08 1534.26 Total 393.51 787.02 118053 1574.04 1967.55 2361.06 2754.57 Contractor Fee Franchise Fee 39.35 78.70 118.05 157.40 196.76 236.11 275.46 i 10% 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 1162.15 1394.58 1627.01 Collection Disposal 292.24 584.48 876.72 1168.96 1461.20 1753.44 2045.68 Total 524.67 1049.34 1574.01 2098.68 2623.35 3148.02 3672.69 Contractor Fee Franchise Fee 52.47 104.93 157.40 209.87 262.34 314.80 367.27 10% Administrative .35 .35 .35 .35 .35 .35 .35 Fee Total Fee 577.49 1154.62 1731.76 2308.90 2886.04 3463.17 4040.31 Commercial/Multi-Family Rolloff Containers: Commercial/Multi-Family Permanent Roll-Off Containers: Permanent open-top roll-o££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 excludes disposal and franchise fee on disposal) per pickup plus disposal cost and franchise fee 17 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 debris. Commercial 95-Gallon Cart Service (Does not apply to residential service) Pickups Per Week 1 2. 3 4 5 6 Collection 26.83 53.66 80.49 107.32 134.15 160.98 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 Contractor Fees 34.91 67.82 100.73 133.64 166.55 199.46 Franchise Fee(10%) 3.49 6.78 10.07 13.36 16.66 19.95 Administrative Fee 0.35 0.35 0.35 0.35 0.35 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 rate, but shall not be 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 EXHIBIT 443" DELRAY BEACH BUS SHELTER LOCATIONS — . .. r _ LOCATED ry�D- f� ---.. 73� ;EI- c o_1 �i PC 1T0. a_.y 7." DAY Lake Ma ft- Tloll%daj- 3 - - , - I Sit-- .- - 2 S Amq w ww1m Lv 'I 6 - Walt Acetic Av=e I r4E. iius Ttieadav S O s st.Atl ,� vuy -- te s5d SW-mm Av uc Like Ma P-old Irf� ._.. �• �lt3i��0..,�cl.�� A4'�4w 1�- �FtG5E�: 12 S I'0 # t r'►'li lsi i' IIl7E AtIfix,oA!,,,w a �17 1 -AY S1`, Adi CA-vanuo W=- - - 1: -- - 1:7- 'f+ �'tr�et `S I I Tare ? 18 rs `' tt Avenue - PE f street w ty 19 West Atlanta Avitmu -z r 1 Amara 'IuaLdaj 20 we jioL5i t c Ave= M'r Awry Tlim F 21 ---SW Ir Asezu 1+; j 1 Ave We dgy 22 813 5 A v i 6 Stet kkRgs•. 2.3 Ftd gwy. i - .. - Try Lme Mond. LEM 2,5 SQV60 ii Tjdal Firs W ]PIK iC Wi'3C� -77 ? ?` Ei T1idl -- Bow Fla=Eat. adnesd -- - . 28 Lowwn:!3oulevaW Plms:.o LSeltEnt -- 29 JL West Atim—ic Aveguo - h mrdForc-st Dr ve Tuesday' 30 Wert-AdWic Avo=c Sunset FlmDr Co -ess Avg coingpw Park Eat '11 w& 33 E Avaue F13 Taltla 3]ep Ttesa 34* Co . Aveaae ;sw 10 Strtd t South. i Frau Nval- � Eat. �'rtln a - - -_ 316 Fe&rs:K� l Har Dive Tuesday 38 co ss Aveatte 2061 saxhpRE Tt� ¢90 I" deal - W) LindadBoUleMd ti r - 40 North Swinton A:ve�__ti_c NTB 5 c5tr�t � a 41 -- A i s4 tt Aalitn:i Driv- We& 19 • �r 1 130 SW10: A -z 43 MW I €c SW le,&.Vt= 44 s1w 100 8 � 45 sw le A ve= # .i l� . Lake�.v &.-mats — - 4-7 l sad+f Boa-ward Drot=4 Rog we&jask so a £ re Attaut r.Ave Cmffass 3 l- 54. old emmmta:1--d - :-,S!q Will Dr 3e Avro 56 Old Gerivanwm Rd- rj'a 57 Ave aftm-JADvin BE 513 rk�ajSj Vj' -_ - 60 sw tgVV-.2 T,,c 1 !of lom�t i ---' - �.1s dow 1 e 1 l -- * a&rg H l —-- s5 Q.S Rd l Hwy T poxo Bled 69 25018� � Hi pop=tom.. h awch 70 . 2605 Vtj tiaqd'�. tlentic gh Sr -o 120 A ve m 2 4 l 71 2605 Rr m oAvt @ Gc!Lf Cote fix'2 .Ave 20 AMENDMENT NO. 1 TO THE INTERIM SERVICE AGREEMENT BETWEEN THE CITY OF DELRAY BEACH AND WASTE MANAGEMENT INC. OF FLORIDA THIS AMENDMENT NO. 1 ("Amendment") to the Interim Service Agreement ("Agreement") dated May 9, 2014, is entered into this day of , 20147 by and between the CITY OF DELRAY BEACH ("City") and Waste Management Inc. of Florida ("WM"). WITNESSETH: WHEREAS, the Parties acknowledge and agree that the Agreement between the Parties is in full force and effect and that this Amendment merely supplements said Agreement; and WHEREAS, the Parties are mutually agreeable to extend the Extension Period until May 31, 2015 as provided for herein. NOW, THEREFORE, in exchange for the mutual covenants and promises set forth herein, the Parties agree as follows: 1. That the recitations set forth above are hereby incorporated as if fully set forth herein. 2. Paragraph 2, "Interim Service" shall be amended as follows: 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, at the sole option of City, until May 31, 20157 by providing written notice to WM at least thirty (30) days prior to the expiration of the Interim Service Period (the "Extension Period"). The City may terminate the Agreement at any time during the Extension Period by providing WM ninety (90) days prior written notice. Any notices required by City pursuant to this Section may be given by City through its City Manager. 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: 3. All other terms and conditions of the Agreement not expressly modified by this Amendment shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this instrument under their respective seals the day and year first above written. ATTEST: CITY OF DELRAY BEACH, FLORIDA By: City Clerk Cary D. Glickstein, Mayor Approved as to Form: City Attorney WITNESSES: WASTE MANAGEMENT INC. OF FLORIDA, a Florida corporation By: Name: (Print or Type Name) Title: (Print or Type Name) STATE OF FLORIDA COUNTY OF 2 The foregoing instrument was acknowledged before me this day of , 2014, by (name of officer or agent, title of officer or agent) of (name of corporation acknowledging), a (state or place of incorporation) corporation, on behalf of the corporation. He/She is personally known to me or has produced (type of identification) as identification and did (did not) take an oath. Signature of Notary Public - State of Florida 3