d

This Agreement is hereby

the CITY OF DELRAY
BFI Waste

made and entered into this

a

day of
as

II
tlContractortl

2001 between
as

BEACH

municipal corporation
I

hereinafter referred to

tlCitytl

and

Systems

of North America

8ereinafter referred to herein agree

In consideration ofthe mutual benefits the

parties

as

follows

TERM The term of this shall be for the

Agreement
This

period beginning October

a

2001

and

expiring
of both

September parties
2

30 2006

Agreement

is renewable for

five year term upon

approval

DEFINITIONS To the extent the definitions contained herein contlict with similar definitions contained in any federal state or local law the definition herein shall prevail However nothing contained herein shall be

interpreted
or

to

require

the Contractor to undertake any conduct that is contrary

to federal state

local law

Authority shall
Biohazardous disease
or

mean

the Solid Waste

Authority

of Palm Beach

County

or

Biomedical Wastes shall be of

mean

suspected harboring resulting from the operation of medical clinics hospitals and other facilities producing wastes which may consist of but are not limited to diseased human and animal parts contaminated bandages pathological specimens hypodermic needles contaminated clothing and surgical gloves
not limited to waste

reasonably

those wastes which may cause pathogenic organisms included but

Bulk Trash shall

mean

any

non

vegetative

item which cannot be containerized

inoperative and discarded water softeners pianos washers dryers ranges bath tubs water heaters sinks bicycles and other similar domestic appliances Bulk Trash shall not be commingled with household goods and furniture Waste There shall be no weight limit for any item ofBulk Trash Vegetative bagged refrigerators
or

bundled

including toilets pool heaters

but not limited to

CoUection shall

mean or

Vegetative Facility
E

Waste

the process whereby solid waste Garbage Trash Bulk Trash Recyclable Material is removed and transported to a Designated

Commercial Materials

Recycling

CoUection Service shall

mean

the Collection of Recyclable service

area

by the Contractor for entities within the City serviced by a Residential Recycling Collection Service

that

are

not

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
G

Trash

or

Bulk Trash with

Vegetative Waste
shall
mean

Commercial Solid Waste CoUection Solid Waste within the

Service

the collection of Commercial

City

service

area

Such service includes both Containers and

Compactors
H

but does not include Roll off Collection Services that has all inclusive

Compactor
mechanism
s

shall

mean

any

container
or

an

compaction

whether

stationary

mobile

Construction and

Demolition Debris

shall

mean

materials

generally
but not

considered

to be not water soluble and

non

hazardous in nature material

including

limited to steel glass brick concrete roofing 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 J Container shall
mean cause

it to be classified

as

other than C D

mechanically dumped
in

into

and include any container designed or intended to be a loader packer type truck or recycling vehicle All

Containers must be of the

specifications

as

designated by the

Contract Administrator

writing

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
Containerized Residential Containerized Residential Solid Waste Collection Service shall collection service of all
mean

solid waste

or Dwelling Units whose Garbage Trash 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

Bulk Trash

Trash
M

or

Bulk Trash
mean

Contract shall

this

Agreement

Contractor shall this

mean

Agreement

to

that person or entity set out initially above that has entered into provide the services described herein for the City
mean

Contract Administrator shall the

City s representative during

the person designated by the City who shall act as the term of this Agreement This person shall be the

Code Enforcement Administrator

County shall mean Palm Beach County

Curbside Residential

Recycling

Collection Service shall of those

mean

the collection of

Recyclable
service

Materials

by the

Contractor from all residential

area

This service also includes the

delivery

Dwelling Units in the City s Recyclable Materials to a

Designated Facility
R Curbside Residential Solid Waste Collection Service shall Waste and
mean

Residential Solid whose

Vegetative Waste Collection service for all Dwelling Units is collected by means of a rollout cart or bag at curbside or roadway
S

Garbage

Designated Facility
to the

City ofDelray Beach transfer Solid Waste Authority of Palm Beach County
shall
mean

the

station that is leased

Dwelling
ofbeing

any type of structure utilized for residential living other than

mean mean

Unit shall

or a

building unit intended

or

for

or

capable

licensed Hotel

Motel unit

Fiscal Year shall

30 ofthe

period between October following year during this Contract

shall
mean

the

1 of a given year and

September

to kitchen and table food waste animal

generally includes but is not limited 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
Garbage

all

putrescible

waste which

any commonly available light gauge steel plastic or absorbent material closed at one end and open at the This type container is other furnished with a closely fitted top or lid and handle s

Garbage Can shall galvanized receptacle

used for
rear

mean

of

a non

Garbage Can is also defined as a heavy duty securely tied plastic bag designed for use as a garbage receptacle Such container including waste materials shall not exceed fifty 50 gallons in capacity or fifty 50 pounds in weight This bag is used for curbside pickup in designated areas A Garbage Can is also defined as a rollout cart presently used within the City for curbside service This cart is presently 33 gallons 65 gallons or 95 gallons The larger carts require a semi automated collection system with specialized lifters mounted on collection A vehicles These lifters must meet the specifications of our rollout cart supplier cardboard box may also be used as a Garbage Can provided the contents do not
contain a level of moisture
so as

door collection

to saturate the box and weaken its walls

Hazardous Waste shall

mean

solid waste

as

defined

by

the

State of Florida

Department

of Environmental
or

Administrative Code

Regulation as a hazardous waste in the State of Florida by any future legislative action or by federal state or local law
structure
a or

Hotel

or

Motel shall

mean a

building unit s capable

group of such units is
as a

of being utilized for

residential transients for

living
or

where such
or

unit

or a

regularly
or

rented to

held out

advertised to the
or

public

place regularly
as

rented to transients Motel must be 509

periods

of seven

days

less

To meet this

definition

the Hotel

licensed to operate as such tlTransienttl has the Florida Statutes 1987 or its successor law

meaning

defined in

Chapter

Materials for
or on

Recycling Facility MRF shall mean any facilities operated or managed by behalf of the Authority for the purpose of receiving sorting processing storing and or preparing Recyclable Materials for sale
Mixed

AA

Paper

shall be defined books letter paper

as a

catalogues phone folders envelopes products

BB Peak Times shall ofthe

cereal boxes

mixture of paper products including magazines soda and beer can boxes chipboard file mail notebook paper and any other clean paper

junk

mean

the

following year unless otherwise

Program
shall

period between November 1 of specified by the City

mean

given

year and

April

30

Cc

Public Awareness

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
mean

It shall also
servIce

information

concerning

level of service and

changes

in scope of

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 Trash Vegetative Waste and recycling which is only serviced curbside
EE

include Bulk

Recyclable
containers

Materials shall

mean

glass bottles

and jars

newspapers including inserts aluminum plastic milk and juice cartons aseptic containers corrugated

cardboard brown paper bags Mixed Paper tin and ferrous cans household dry cell and other solid waste materials added by the Solid batteries no wet cell batteries Waste

Authority

when such materials have been either diverted from the

or

remaining

solid waste stream

stream

removed

prior

to their

entry into the

remaining

solid waste

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 Collection Service shall mean Curbside Residential Recycling Collection Services and Containerized Residential Recycling Collection Service Residential

Recycling

HR

Residential Solid Waste shall normal Waste C D

mean
a

housekeeping resulting

activities of

Garbage Trash Dwelling Unit

mean

and Bulk Trash

but shall not include

resulting from the Vegetative

Residential Solid Waste shall also from minor home

Construction and Demolition Debris

repair

from the

Dwelling Unit
mean

ll

Residential Solid Waste Collection Waste Collection Service Roll off Collection Service shall
or

Service shall

Curbside

or

rear

door

Residential Solid Waste Collection Service andor Containerized Residential Solid

JJ

mean

the Collection of C D
means

only
or

roll offcontainers

the Collection of C by other mechanical D

within temporary locations in the refurbishment sites

or

Service

Area

limited to

new

construction sites and

mean

remodeling

Roll offCollection Service shall also

wastes at horticultural
use or

the collection of horticultural

agricultural

agricultural

nurseries but
or

roll off containers for horticultural

only agricultural

when the customer chooses to

waste

and horticultural and but not limited

agricultural waste shall not include any other type to Special Waste Garbage or Recyclable Material
KK Service Area shall in the
mean

of waste

including

that

portion of the incorporated

area

of the

City

as an

described exclusive

City

map

provided

for which the Contractor has been

granted

franchise
5

LL

liquid generated from any waste water treatment plant water supply treatment plant air pollution control facility septic tank other such waste having grease trap portable toilets and related operations or any
Sludge
shall
mean a

solid

or

semi solid

or

similar characteristics

or

effects any services requested or required by the customer which change in Residential Solid Waste Collection Service

MM

Special
are

Services shall
to

mean a

in addition

or

Residential

Recycling

Collection Service

Commercial
as

Recycling
or

Collection Service

and Commercial Solid Waste Collection Service Exhibit II Waste shall include automobiles

set out

similar to those listed in

NN

Special
Waste

boats

internal combustion

engines
or

non

automobile tires

Sludge

dead animals

septic

tank waste Biohazardous

Biomedical

determined

liquid waste and Hazardous Waste Special by the Contract Administrator to be reasonably unmanageable
mean

Waste may also include items

00

Trash shall containers

all refuse accumulation of paper rags wooden or paper boxes and 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
Waste

of stores

offices and other business

places

but shall not include

Vegetative

PP

mean any event which results in the prevention or delay of its obligations under this Agreement and which is beyond by party 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

Uncontrollable Forces shall of performance

a

disturbance

sabotage

and

governmental

actions

QQ

Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance by any party and shall include materials such as tree and shrub materials grass clippings palm fronds tree branches and similar other matter usually produced as refuse in the care of lawns landscaping and yards All grass clippings leaves pine needles and similar small loose items must be bagged or containerized Vegetative Waste except palm fronds must be no more than six 6 feet in length and no single item shall weigh more than 50 pounds and shall be placed neatly at the curb Natural Christmas trees will be collected as Vegetative Waste and must not be more than 8 feet in length and must be less than 50 pounds

SERVICES

PROVIDED BY CONTRACTOR The

Contractor

shall

provide mandatory

Residential Solid Waste Collection Services and Residential

Recycling

Collection Service in the

City s service area shall be exclusive to the Contractor The City responsible billing and collection of payments for the Residential Solid Waste Collection Service and the Residential Recycling Collection Service No disposal costs are to be billed to residential customers by the City since they are billed on the tax bills by the Authority City s service
area

right

to

provide

such Collection Services in the will be for the

The Contractor shall The

provide mandatory Containerized Residential

service
area

Solid Waste Collection

Services and Containerized Residential Recycling Collection Service in the Contractor

City

service

area

and collection of payments for the Containerized Residential Solid Waste Collection Service and the Containerized Residential Collection Service No disposal costs are to be billed to residential customers by the

right to provide such Collection Services in the City s The City will be responsible for the billing

shall be exclusive to the

Recycling

Contractor since they The Contractor shall

are

billed

on

the tax bills by the

Authority

provide mandatory
can

Commercial Solid Waste Collection Services in the

or

service area which service exclusive right to the Contractor

City s

consist of containers

compactors and shall be

for the
not

an

The Contractor shall be its

collection of Commercial Solid Waste Collection Services and and collected

responsible disposal costs

billing being billed

and

by the Solid Waste Authority

or

designee
Not

Roll off Collection Services shall be exclusive to the Contractor

provision ofthis Agreement

the Contractor

any other Collection of waste contained in roll offcontainers excluded from

withstanding
area

Roll offCollection Services for commercial businesses in the The Contractor shall be Commercial Solid Waste Collection Services and

City

service

is exclusive to collection of and collected

responsible disposal

for the
costs not

billing and being billed

by the

Solid Waste Authority

or

its

designee

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 The Contractor shall

recycling

firms

good faith and its best efforts to cooperate with any commercial providing recycling services to customers in the City s service area
use

SOLID WASTE AND VEGETATIVE WASTE COLLECTION SERVICE Curbside Rear Door Residential Solid Waste and Curbside The initial Curbside shall be
as or

or

Vegetative Waste

Collection Services

Rear Door Residential Collection Service

provided by

this

Agreement

set forth in this Section 4A and shall continue

until such time

as

the Contract is terminated of Service All Curbside for collection and Rear Door

Conditions and

Frequency
or

Residential Solid Waste and Curbside Residential

properly shall be separated

containerized

otherwise

prepared

Vegetative Waste shall be Vegetative Waste

from Residential Solid Waste

All Curbside Residential Solid

Waste Collection Service twice per week not less than forty between

except for permitted holidays shall be provided unless options of service Exhibit II are implemented with

eight

48

hours

nor more

than seventy

two

72

hours

pick up days Vegetative Waste must be placed 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 regularly
an

scheduled

curbside at

accessible

Trash
include

Bulk

Trash

and Construction and Demolition Debris C D

from minor home maintenance and but is not limited to

resulting repair will be collected curbside C D may drywall lumber fencing roofing material
no

concrete blocks and

paneling

Collection of C D shall be limited to

more

yards per collection per Chloroflorocarbons CFC s contains

than 4 cubic Trash item

dwelling

unit

In the event Bulk Trash deliver the with

the Contractor shall collect the Bulk

separately

in

a non

compacting vehicle and

item

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 limit for any Bulk Trash item The Veeetative Waste service day shall be on the first day of the twoscheduled route days Vegetation shall be collected on the Vegetative Waste service day Vacant
no

weight

lots shall be serviced at The

no

additional chare e

Accessibility
surface ofthe location

edge

ofall Residential Solid Waste and

to be collected Curbside must be

placed

within six 6 feet of the curb

Vegetative Waste paved

public right of way or other such public to by the Contractor that will provide a safe and efficient agreed accessibility to the Contractors collection crew and vehicle In the event there is insufficient space between the curb and the sidewalk to place Residential
8

road closest accessible

Solid Waste and

Vegetative Waste the edge of all Residential Solid Waste

and

Vegetative

Waste to be collected shall be within two 2 feet of the sidewalk

Where the resident ofa dwelling unit is Solid Waste

or

physically unable to

deliver Residential

Vegetative

Waste to curbside and this is certified

by

the

Contract Administrator or the residential structure is located in such a manner as to provide non accessibility to the Contractor s crew or vehicle an alternative location may be arranged between the customer and the Contractor at no extra cost to the customer In the event an appropriate location cannot

agreed upon the Contract Administrator shall mediate the dispute and designate the location for pick up If the resident requests Special Services these services shall be billed directly to the customer by the Contractor in accordance with Exhibit II In the event that a Special Service request is not listed in Exhibit II such charges shall then be established through negotiations
be between the Contractor and the customer Contractor cannot reach shall determine the cost The Contractor shall
an

In the event the customer and the the cost the Contract Administrator

agreement

on

Containerized Residential Solid Waste Collection Services

provide
not

Containerized Residential Solid Waste Collection Service to all

are

Dwelling Units

in the Service Area that

suitable

to receive such service

Normal Collection service

collection shall be twice per week However the customer including may elect to receive once a week service during offPeak Times of the year and up to
three times per week Collection service during Peak Times as required at no additional cost to the customer as long as the average is two times per week on an annual basis The size and location of the Container and frequency of collection more than the minimum of once per week shall be determined by the Contractor and the residential complex in accordance with this Agreement In case of an unresolved

Bulk Trash

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

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
once

shall be resolved in

by

the Contract Administrator CFC

s

In the event Bulk Trash contains collect the Bulk Trash item

Chloroflorocarbons

the Contractor

shall

separately

a non s

release the CFC

into the

compacting atmosphere

vehicle and deliver the

item with every attempt not to to the Solid Waste Authority landfill or to a

scrap dealer located in Palm Beach Bulk Trash item 1 Conditions and

County

There shall be

no

weight limit

for any

Frequency

of Service

A minimum of once a week service is

required
law

of all customers

or

such other minimum

frequency

as

provided by

Such service shall be

provided by mechanical
generates less than

Container

as

defined herein

However where
waste

a customer

two cubic

yards

alternate

non

Container and the

mechanical Containers may be utilized frequency above the minimum of collection shall be
customer

per week of The size of the size and

determined between the

and the Contractor

However

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 Such customer is completely responsible for its proper maintenance 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 The Contractor shall have a regularly scheduled replacement condition The program for all containers to ensure containers are in good condition Contractor shall replace any container reported as in poor condition by the customer within five 5 business days
2

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
Method of The Contractor shall collect and

Commercial Solid Waste Collection Service

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

a

Conditions and is

Frequency
or

of Service
or

A minimum of once other such

week service
or

required

of all customers with food

putrescible

wastes

from
as as

selling generating provided by law Such service shall

businesses defined herein However where
10
a

food

or

such other minimum

frequency
one

be

provided by

mechanical Container
1

customer

generates less than

cubic

yard

per week of waste alternate

non

mechanical Containers may be utilized

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 All Commercial Solid Waste shall be placed in a Container condition Compactor or acceptable other Garbage Can Vegetative Waste shall not be commingled with Garbage When Vegetative Waste is placed in a Container not loose or in a Roll off or a Compactor the Contractor may charge 1 5 times the commercial collection rate as set out in Exhibit I Where Garbage Cans are used they shall be placed at an accessible location or at such other single collection point as may be agreed upon between the Contractor and the All Containers or Compactors shall be kept in a safe accessible customer 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
e

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

maintenance

the waste without

Compactor frequency spillage

completely responsible for its proper of collection shall be sufficient to contain

All Containers and

Compactors provided by
and

the Contractor shall be in

s name

condition painted

neatly

labeled with the Contractor

good phone

number and size of Container

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 benagreed upon between the Contractor and the customer 3
Type

Level

and

Disclosure ofRates for Commercial Collection and Other Services

a Collection Service The Contractor shall only

as
set

Commercial

charge rates
11

out in Exhibit I or

as otherwise

allowed by this Agreement

A written be and

Agreement between the Contractor and the customer shall entered into regarding the level and type of service to be provided
manner

of collection of fees than

customer

more

thirty

30

The Contractor may not bill the days in advance unless otherwise and conditions of such with all

requested by
Agreement

the customer

The terms

shall be in

compliance

Agreement
Agreement

and the term shall not extend

as

provisions of this franchise beyond the term of this

a a

stated in Section 1

The customer shall subscribe to

level of service sufficient to meet the needs of the customer in

sanitary

and efficient
an

manner

reach such

Agreement

However upon failure of the parties to the Contract Administrator or his designee

shall establish the level and type ofservice 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

contained in Exhibit I

The Contractor will

approved rate limits 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

By October 1 of each year of this Agreement the shall provide the customer an annual disclosure statement Contractor with a copy sent to the City including the following language
Disclosure

st

REGULATION BY THE CITY OF DELRAY BEACH The terms and conditions of this Commercial Solid Waste and

Recycling
Delray

Collection Service Should the the

Agreement

are

regulated by

franchise

granted by

the

City

of

Beach

customer have any

questions relating

to the terms and conditions

of this

Agreement

customer may call the Contract Administrator at 243 7214

COMMERCIAL COLLECTION CONTAINERS

The commercial collection container shall be of a collection

type that

can

be serviced

by

the Contractor

equipment

from any source or the Authority H the customer chooses to

The customer may either purchase the commercial collection Container rent such Container from the Contractor at the rental rate as approved by
use a

Compactor the customer may rent lease or own the Compactor from any source provided that the Compactor can be serviced by the Commercial collection Containers and Compactors shall be Contractor s collection equipment
sanitary condition by However damage caused by the Contractor to Compactor Compactor shall be repaired at the cost of the Contractor
maintained in
a

serviceable

safe and

the
a

owner

of the Container

or or

customer owned Container

12

SPECIAL SERVICES
If the customer solid waste such other such

requests
as

the Contractor is

required

to

provide special

services for collection of

special

rolling Containers out of storage areas opening doors or gates for access or services However such special services may be provided by the customer
other

through
must be

its

own or

personnel

If the Contractor

provides special City

services such

charge
The be
can

separately

stated under the

RATES FOR SERVICES

are

disclosure statement

maximum for these

special

service rates
or

fIxed

by

the

A copy of these rates

obtained from the Contractor

Contract Administrator

13

RATES FOR SERVICEtI October 1

year

September

30

year
Name and Address of Customer

Name of Contractor

The total RATES for this Commercial Solid Waste Collection Service follows

are

as

Total Monthly Cost

The total RATES for this Commercial

are as

Recycling

Solid Waste Collection Service

follows

Total Monthly Cost There is no

charge

for the

disposal

of Recyclable Materials

THESE SERVICES ARE PROVIDED UNDER A FRANCmSE 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 tlRATES FOR SERVICE

rate schedule which

statement shall

incorporate
on

or

have attached

specifies

the Collection Rate based

size of container and cubic

on

frequency
Waste
or

of service

TYPE

indicating
in
a

whether the Container is for Solid

on

Recycling

DISPOSAL

based

CONTAINER RENTAL the Container and the

expressed
cost per

monthly

per flat rate based

cost

yard

the size of SERVICE the size of

month for each

SPECIAL

REQUIRED BY THE CUSTOMER The notification shall

container and

specify

distinguishing

of collection of each container for each business The between solid waste and recycling collection service

frequency specify

notification shall

in which Service Area the business is located

The

notification shall itemize each cost

individually
or

approved by
the customer

the Contract Administrator

his

sample designee before distributing

notification shall be
to

Method of Payment the

The

City or

its

designee

will be

responsible

for the

billing

and

collection ofpayments for Residential Solid Waste Collection Service Payments from

City to

the Contractor will be due and

set out in Exhibit II

paid

no

later than 30

days following

the

submission of an invoice from the Contractor

month shall be
as

This rate shall be Schedule

The initial collection rate per unit per adjusted in subsequent years in

accordance with the

Payment Adjustment

Exhibit II

Hours of Collection

Curbside Residential Solid Waste Collection Service shall be

am and 6 00 p m Monday through Saturday provided Dwelling Units receiving Containerized Residential Solid Waste Collection Service and non residential collection sites located within 150 yards of residential uses shall be considered residential collection for the purpose of establishing start times and shall only be collected between the hours of 7 00 a m and 6 00 p m Monday through Saturday Other nonresidential locations may be collected at any time between the hours of 6 00 a m and 6 00 p m Extended times for extraordinary circumstances or conditions shall have the prior consent ofthe Contract Administrator

between the hours of 6 00

Routes

and

Schedules

For

Residential

Solid Waste
a

Collection Service
format

the

Contractor shall

provide

the Contract Administrator in the schedules for Ifany all

Contract Administrator

Collection routes

acceptable to the and keep such

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
information
current at all times 15

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 1 week once one prior to the change
at no cost to

the

provide Residential and as provided within the the billing and collection of Agreement The City or its designee shall be responsible for payments for Residential Recycling Collection Services The Contractor shall be responsible for billing and collection ofCommercial Recycling Collection Service cost not being billed and collected by the City or its designee
RECYCLING COLLECTION SERVICE The Contractor shall Commercial Recycling Collection Service in the Service Area A Curbside Residential

Recycling

Collection

Services

will be

governed by

the

following terms and conditions

1

provide Dwelling Units Recycling Service located in the designated receiving Residential Solid Waste Collection Service Area and to other such Dwelling Units as determined appropriate by the Contract Administrator This service shall be provided once every week unless otherwise specified by the City on a scheduled route basis that shall coincide with one of the two regularly scheduled solid waste collection days
Conditions and

Frequency

of Service

The

Contractor
to all

shall

Curbside Residential

Collection Services

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 andor 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
or

collected if

placed

next to

or

inside the

Recycling

Container

Container

physically unable to deliver Recyclable Materials to 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
Where the resident is curbside and this is certified the customer and the Contractor at
an no

extra cost to the customer

In the event

appropriate

shall mediate

agreed upon the Contract the dispute and designate the location for pick up
location cannot be The Contractor shall the
ensure

Administrator

Recycling
Containers

Containers
as

distribution of Recycling

supplied by
16

City

to each unit that is to receive Residential

Recycling

Collection Service in the Service Area

The title to these

Recycling

Containers shall be vested with the

own

City
or

However customers may paper

use

their

additional

Recycling Containers

bags

as

long as they are similar

and suitable for the service

Containerized Residential Recycling Collection Service will be following terms and conditions
1 Conditions and service to

governed by the

Frequency
Units

of Service

The Contractor shall

provide

this

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 Dwelling
as are

Compactors provided by the Contractor shall be in good condition painted and neatly labeled with the Contractor s name phone number and size of Container Any Container or Recycling Container damaged by the Contractor shall be repaired or replaced by the Contractor within five 5 Any Container or Recycling Container needing replacement as days requested by the customer or the City shall be replaced within five 5 working days
All Containers and 2

Accessibility
Collection be collected in

and

Schedule

for

Containerized

Residential

Recycling
are

All

Recyclable a Recycling

Materials with the Container

or

Container

exception designated

of cardboard for

to

Recyclable

Materials which shall be located in such location and shall be collected on a schedule as agreed to by the owner or governing association of the

mutually

complex or development being serviced and by the provide a safe and efficient accessibility to the Contractor s collection crew and vehicle Cardboard shall be collected if placed next to or If there is a large amount of inside the Recycling Container or Container 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 multiple
residential Contractor that will C Commercial Commercial

Recycling Collection Service Contractor shall have the right to solicit Recycling Collection Service agreements with any business in the Service
Agreement
The Contractor

Area upon terms and conditions consistent with this 1 Conditions and Commercial entities

Frequency

of Service

shall
or

provide
its
own

Recycling

Collection Services

to all business

commercial

located in the
17

designated

Service Area

resulting

from

solicitation by request
and conditions of this

ofthe customer

or

where

a contract

meeting the terms

Agreement is arranged by the Contract Administrator or frequency of service of the Container designated for designee Recyclable Materials shall be determined by a waste audit and agreed to by the customer and the Contractor However size and frequency shall be sufficient to provide that no Recyclable Materials need be placed outside the Container Storage capacity shall be suitable for the amount of recyclable materials generated by the customer The Contractor shall provide Containers as necessary however customers may own their Container provided that the Such customer is completely responsible for its proper maintenance Containers shall be of a type that can be serviced by the Contractor s equipment A Compactor may be obtained by customers from any source provided that such Compactor must be of a type that can be serviced by the Contractor s equipment and the customer shall be completely responsible for its sufficient to proper maintenance Compactor frequency of collection shall be All Commercial Recyclable Materials shall contain the waste without spillage 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
The size and 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 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 Level

Type

provided and
Agreement

manner

of collection of fees

shall

be in

compliance

The terms and conditions of such with all provisions of this franchise

Agreement

and the term shall not extend

beyond the term

of this

Agreement as

stated in Section 1

to meet the needs of the customer in

The customer shall subscribe to a level of service sufficient a sanitary and efficient manner However

upon failure of the Administrator or his

parties to reach such an Agreement the Contract 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
shall be
as

specified

The written Agreement between the Contractor and the customer in Section 4 C 3 b In the event the customer cancels a

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 The Contractor a written explanation as provided by the City of this policy shall allow the Customer three days to rescind the cancellation after the written notification is provided
contract with the Contractor for Commercial

Ownership
commercial

Notwithstanding any other provision of this Agreement a generator of Recyclable Materials retains ownership of those
or

materials until he

she donates

or

sells
or

or

contracts for the donation

or

sale

Agreement shall recycling whether for prevent a person or entity engaged 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
of those materials to another person

entity Nothing

in this

in the business of

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
Method of Payment The

City

or

its

submission of an invoice from the Contractor

accordance with Section 6 and Exhibit II

month shall be as set out in Exhibit I This rate shall be

The initial collection rate per unit per adjusted in subsequent years in

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 The Contractor shall be

responsible

for

billing

more

than five

5 free

City Commercial recycling

containers in the downtown

area as

designated by the
E

Contract Administrator

Hours of Collection

Residential
am

and 6 00 p m between the hours of 6 00 Units receiving Containerized Residential

Recycling Collection Service shall be conducted Monday through Saturday Dwelling Recycling Collection Service and
yards
of residential
a uses

nonresidential collection sites located within 150

shall be and shall

considered residential collection for purposes of

establishing

start time

only Saturday

be collected between the hours of 7 00

In the event of
a

dispute
19

and 6 00 p m Monday through the Contract Administrator shall determine the

am

hours of collection
F Routes and Schedules Contract Administrator
an

The Contractor shall

or

provide
format

his

designee

in

keep acceptable

and

current with the to the

Contract

Administrator up to date map for all Residential Recycling Collection Service routes The Contractor shall immediately notify the Contract Administrator in of any change in any route schedule for approval by the Contract Administrator three weeks prior to change In the event of a permanent

route schedule

writing

change in a route or schedule immediately notify the affected

the

that will alter the

customer in

pick
or

writing

up day the Contractor shall other method approved by the

to the

Contract Administrator not less than two 2 weeks

prior

change

at

no

cost to

City Notification of day changes for Curbside Residential customers shall be by 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
door G

Replacement
1

of Recycling Containers for Residential Dwelling Units

replace at his expense any Container or Recycling 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
Container The

The Contractor will

supply to the Contractor for distribution to the customer replacement Recycling Containers or Containers that were originally provided by the City and lost or damaged by the occupant of a Dwelling Unit The Contractor shall replace the Recycling Container or Containers within five 5 business days ofthe request by the customer or the City City
The Contractor shall

at its expense

will

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 ofthe 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 resoonsible for

any

disoosal shortfall

Manner of Collection The Contractor shall collect Recyclable Materials with as little disturbance as possible and shall leave the Recycling Container or Container housing it was collected To be eligible for Curbside Materials at the same

Recyclable

point

Recyclable Materials must be put in a usual accessible pick up location Recycling Container or paper bag and placed at the for Curbside Residential Solid Waste Collection All Recyclable Materials set out by
Residential

Recycling

Collection Service

In the event the customer the customer that meet these criteria shall be collected Solid Waste in the Recycling Container s or Container s the Contractor must

places

Recycling Container s The Contractor must then place a contamination sticker advising the or Container s customer of the reason the Solid Waste was not picked up on the Recycling
collect all

Recyclable Materials and

leave the Solid Waste in the

Container
L Material

or

Container

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

Recycling Facility

Change

in

Scope

option of the City

of Recycling Collection Service From time to time at the sole it may be necessary to modify the scope ofRecyclable Materials that

will be included in

Contractor agree reflect the impact of any such modifications 6

the Recycling Collection Service Should this occur the City and to enter into good faith negotiations to amend this Agreement to

CHARGES RATES AND LEVEL OF SERVICES

A

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 and Recycling Collection Service Commercial Solid Waste Collection Service made to the Commercial Recycling Collection Service rates The adjustment shall be
Solid Waste and

combined category of Residential Solid Waste Collection Service and to Residential of Commercial Recycling Collection Service and separately to the combined category Solid Waste Collection Service and Commercial Recycling Collection Service At the end ofthe first year and each subsequent year the collection portion of the rates in this ltCPIIt not to exceed Agreement shall be adjusted solely on the Consumer Price Index as set out in Exhibit II 3 in anyone year The adjustments shall be made

City with such further information as may be the following October reasonably necessary Annual rate adjustments shall be effective the City and the Contractor 1 unless otherwise mutually determined by
The Contractor shall

supply

the

21

City of Del ray Beach Obligation Billing

1 The

Collection and

Payments

units included in the

City will be responsible for the billing and collection ofpayments for those 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 The Contractor shall be entitled to provided pursuant to this Contract 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 under the terms of this of this

by the Contractor

Agreement City

the

City

shall

provide

to the Contractor the

estimated total number of units to be serviced

Thereafter and for the duration the Contractor of

new

Agreement

the

shall

promptly notifY

residential units to be served andor deleted and payments will be adjusted accordingly New Dwelling Units which are added for service during the

City s Fiscal
be rendered

as

Year will be added to the customer service list and payment will 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 The City reserves the right to correct any errors ofomission 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 Disposal Costs Collection service separately for the solid waste
costs and solid waste

Solid Waste

shall be treated

Collection services

disposal costs being provided

pursuant Exhibit I

to this Contract

Residential and commercial solid waste

The Contractor s payments for Collection are set out in disposal costs shall be separated
as

from residential and commercial collection service costs Residential Waste

costs will be

shown in Exhibit I

disposal Authority except as be given a disposal credit for each residential unit as calculated in Exhibit I The non assessed portion of the commercial disposal costs will be part of the service charge billed by the Contractor The Contractor shall pay the Solid Waste Authority for all solid waste disposal costs incurred for disposing of all solid waste at the Delray Transfer Station except for the portion of disposal costs which have been separately
22

part of the special assessment billed by the Solid otherwise provided in this Agreement The Contractor will

assessed
D

by the Authority
Rate

Adjustment The Contractor may petition the City at any time for an additional rate adjustment on the basis of extraordinary and unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator The Contractor s request shall contain substantial proof and justification to support the need for the rate adjustment The City may request from the Contractor and the Contractor shall provide such further information as may be reasonably necessary in making its determination The City Commission may approve or deny the request in whole or in part within sixty 60 days of receipt ofthe request and the receipt of all other additional information required by the City Extraordinary
Administrative Fee To

compensate

the

supervision code enforcement activities performance of this Agreement as well

a

City for the cost of administration and inspection rendered for the effective
as

other costs related to

Collection

the

Contractor shall pay to the City monthly administrative fee of residential unit or per Container for commercial customers F

35 per

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 franchise fee of 50 of collection costs per residential unit 0 Container for commercial customers
a

monthly

or

per

Rollout Cart

Replacement

Fee

replacement
customers

of residential rollout carts

s

To compensate the City for the purchase and all curbside residential and commercial

utilizing the City

rollout carts shall be

charged

monthly

fee of

90

The Contractor shall pay to the City any monthly fees for this purpose where the Contractor is responsible for billing the Customer

HOLIDAYS

required to collect Commercial Solid Waste Commercial Recycling Residential Solid Waste Vegetative Waste and Residential Recyclable Material or maintain office hours on Thanksgiving Day and Christmas Day The Contractor shall provide all services on New Year s Dav 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

The Contractor shall not be

23

SPECIAL SERVICES service

the
rate rates
as

within Exhibit I

charged for Special Services may not exceed the special listed in Exhibit I In the event the requested special service is not included the Contractor may negotiate with the customer for the rate Upon failure of
Rates
an

parties

the rate the Contract Administrator shall establish the The Contractor shall be responsible for billing and collection of payment for all Special
to reach

agreement

on

Services

PUBLIC AWARENESS PROGRAM The Contractor shall assist the City with the Public Awareness Program by distributing door hangers stickers flyers or other medium to

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
residential and commercial
customers
as

requested by

the

City

The Commercial about

Recycling customer will also be notified by the City through the Contractor special commercial recycling events workshops educational forums and symposiums
as

and other activities

needed The Contractor shall collect Residential Solid Waste Materials and Commercial Solid Waste Recycling and

10

MANNER OF COLLECTION

Vegetative Waste and Recyclable Vegetative Waste with as little disturbance as possible and shall leave any receptacle at the same point it was collected Any Solid Waste Container or Recycling Container damaged by the Contractor will be replaced by the Contractor within five 5 business days at no cost to the customer unless otherwise provided within this Agreement The replacement must be similar in style material quality and capacity Throwing of any Garbage Can Container or Recycling Container is prohibited The Contractor shall neatly re place the Container Recycling Container and Garbage Can to the point of collection
11 PERSONNEL OF THE CONTRACTOR Contractor shall Administrator Contractor s solid waste collection company C
s name

assign
area

within the service

qualified person or persons to be in charge ofthe operations and shall give the name s of the person s to the Contract

employees

shall

wear a

uniform

or

shirt

bearing

the

during operations
a

Each driver of a collection vehicle shall at all times carry for the type of vehicle that is being driven Contractor s name and office
waste and

valid Florida driver s license

telephone number
24

shall be properly

recycling

collection vehicles and Containers

displayed on all solid provided by the Contractor All

vehicles utilized for the collection of Recyclable Material shall be that purpose E The Contractor shall

clearly

identified for

provide operating

and

safety training for

a

all

personnel

Contractor s

employees

shall treat all customers in

polite

and courteous manner

The Contractor shall

provide emergency

contact numbers for

all

key personnel

12

SPILLAGE
or

The Contractor shall not litter

right roadway waste and recyclable material shall be contained tied or enclosed so that leaking vegetative spilling and blowing is prevented In the event of any spillage or leakage by the Contractor for
the any reason or source the Contractor shall clean un all snillae e and leakae e at no cost to the City or the customer within two 2 hours unless otherwise specified within this

or cause any spillage to occur upon the premises of way wherein the collection shall occur During hauling all solid waste

Agreement
13 SOLID WASTE AND MATERIAL RECYCLING FACILITIES Waste Commercial Solid Waste the All Residential Solid

Recyclable 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 Delray
Beach Transfer Station In the event this In the event that
more a

Vegetative Waste and

Material shall be hauled to

load of Recyclable Materials delivered to the

than 3 5
more

by weight
than 3 5

of the total load material which is not

there is

paper products within the other visa versa the Solid Waste Authority has the right to Contractor the full disposal fee for each ton within the load

designated facility contains Recyclable Material or that commingled Recyclable Material or reject the load and to charge the

through passed

The Contractor may pass this cost to a commercial customer in the event that the Contractor can prove that the customer In
no

caused the contamination to the satisfaction of the customer

on

event will this cost be

to the

City

In the event of
or

dispute

the Contract Administrator will determine

whether the Contractor the Contractor to contaminated the

the customer will absorb the

disposal

fee

It is the

responsibility

of

notifY the City of any Recyclable Materials

EQUIPMENT

customer who has

on more

than three occasions

14

good equipment as shall permit the Contractor to adequately and efficiently working 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
COLLECTION
on

The Contractor shall have

hand at all times and in

order such

Administrator
to this

list ofthe

equipment
that

to

be used

by the

Contractor

to

provide

services

relating

Agreement or other type equipment

Solid Waste collection

Administrator unless otherwise

equipment packer meets industry standards and is approved by the Contract provided within this Agreement All Equipment shall be kept
25

shall be ofthe enclosed loader

all times Recycling Materials good repair appearance and in a sanitary clean condition at collection equipment shall be a dual compartment equipment one compartment for paper Material separate trucks or other equipment products one compartment for other Recyclable that meets industry standards and is approved by the Contract Administrator and must be In the event a compacting compatible for unloading at the designated MRF or transfer station 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 be clearly breakage Equipment utilized for the collection of Recyclable Materials shall identified for that purpose The Contractor shall have available reserve equipment that can be Such reserve equipment shall put into service within two 2 hours of any breakdown the correspond in size and capacity to the equipment used by the Contractor to perform in

contractual duties
15

Vegetative Waste shall be collected separately from Residential Solid Waste Commercial Solid Waste and Recyclable Materials All grass clippings leaves or containerized otherwise pine needles or other similar loose waste shall be bagged V egetative 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
VEGETATIVE WASTE All SPECIAL WASTE HAZARDOUS WASTE BIOHAZARDOUS OR BIOMEDICAL WASTE AND SLUDGE The Contractor shall not be required to collect and dispose of

16

Hazardous Waste Biohazardous

but may offer such service in the Service Area All such collection and disposal for those types of waste in this Section are shall be in not regulated or exclusive under this Agreement but if provided by the Contractor
or

Biomedical Waste

or

Sludge

strict compliance with all federal state and local laws and 17 OFFICE AND Beach

regulations
an

EQUIPMENT
where

YARD

The Contractor shall maintain It shall be

office within Palm

County

complaints

shall be received

telephones with no less than two phone lines and shall have a m to 5 00 p m during collection hours and shall be open during normal business hours 8 00 and computer to receive Monday through Friday The Contractor shall provide a fax machine non complaints from the City The Contractor shall provide an answering machine during the following office hours for customer requests and questions to be responded to during 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 a real property must be established within Palm Beach County Equipment Yard means 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

equipped with sufficient responsible persons in charge

COMPLAINTS

All service

complaints

shall be directed to the Contract Administrator

or

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 designee
The
26

The

by the Contractor When the complaint is received on a Saturday or the day preceding Thanksgiving Day and Christmas Day it shall be resolved by the Contractor no later than the next regular working day If a complaint cannot be resolved within twenty four 24 hours the Contract Administrator shall be notified Complaints received by Contractor from the public shall be
twenty
forwarded to the Contract Administrator within four 4 hours The Contractor shall his 1 person to be in the City each day to receive complaints The Contractor shall provide the Contract Administrator or

complaint

shall be resolved within

four

24

hours after it is received

designate

one

from the Contract Administrator

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
to
ensure

OF PERFORMANCE OF CONTRACTOR It is the intent ofthis

Agreement

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 Container requests A complaint not resolved within 24 hours unless otherwise Recycling provided in this Agreement shall count as two complaints In the event complaints received by curbside customers exceed any of the following percentage s Annual Complaint Type Monthly Trash and Damage 4 0 5 Garbage 2 25 0 Recycling 2 5 35 0 Vegetation
of the residential curbside and Contractor
rear

that the Contractor

door customers within the Service Area served

by

the

during any City fiscal year the Contract Administrator shall levy 100 00 per incident administrative charges for those actions related to service as listed within this Agreement including 1 Commingling solid waste with Vegetative Waste and or Recyclable Materials 2 Throwing of garbage cans or recycling containers 3 Failure to collect Recyclable Materials solid waste or Vegetative Waste on schedule 4 Failure to replace Garbage Cans Containers and Recycling Containers to the point of
collection The Contract Administrator may also levy administrative charges for all other infractions ofthis Agreement at 100 00 per day per incident without regard to the percentage of customer

complaints including Failure to provide clean 1

2 3

safe

Failure to maintain office hours

sanitary equipment as required

27

Operator

not licensed

4 5 6

Failure to provide documents and reports in atimely and accurate manner container not replaced within five business days 48 hours for residential

Damaged

7
8

spillage other than the cleanup required by Health Department as provided below Failure to repair damage of Customer property
Failure to clean Failure to
cover

the Palm Beach

County

materials

on collection

vehicle

9 10

Collection employees
Name and

out of uniform

phone

number

and if

applicable

size not

displayed

on

equipment
without

or

Containers
11
s Providing exclusively prohibited service in another Contractor area authorization by the Contract Administrator Not providing schedules and route maps Speeding upon conviction Using improper truck to service commercial or residential customer

prior

12

13 14 15 16

Failure to submit disclosure notice to either customer or Contract Administrator Failure to report recycling activity monthly on or before the 10th day of the following the for the purpose oftracking and verifying month in the format determined

by

City

17 18

countywide recycling activity 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 Failure to respond to customer calls including commercial recycling and solid waste collection service customers and residential containerized residential solid waste and
manner recycling collection service customers in atimely and appropriate Failure to place a contamination sticker in Recycling Containers as necessary Failure to replace or provide Containers or Recycling Container s within five 5 business days Failure to repair damage to property resulting from Contractor s including agents or negligence within seven 7 employees or subcontractors equipment failure business days

19 20

21

Changing

routes without proper

notification will result in

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
or Recyclable Failure to deliver any Commercial or Residential Solid Waste Vegetative Waste or directed by the Contract another facility Materials to the Delray Transfer Station

Administrator will result in the

1 2
3

following penalties

First offense

1 000 00 fine Second offense 2 500 00 fine Third offense loss of franchise
28

Failure to shall be

complete

either

1 000 for each route per

partially or totally a route day not completed

on

the

regular

scheduled

pick

up

day

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 provided
assess

as

result of the Contractor

equipment

failure

or

negligence

within the time

within this

Agreement

the Contractor for the cost of the

the Contract Administrator may arrange for the repairs and repairs and any applicable administrative charges The

Contract Administrator may assess administrative monthly basis in connection with this Agreement and
term ofthis

charges pursuant
shall

to this

Section

on a

at the end of each month

Agreement notifY

the Contractor and the

City

in

writing

of the

during the charges assessed

and the basis for each assessment

assessment it shall within five

In the event the Contractor wishes to contest such

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
5

The

City shall notify

the Contractor in

claims and the decision of the

writing of any action City Manager will be final

taken with respect to Contractor s

Filing
1

of Requested Information and Documents In addition to any other requirements of this Agreement the Contractor shall be required to file pertinent statistical and aggregate cost information pertaining
to solid waste collection and

the

City

The results of all

recycling collection services that is requested by recycling activity conducted by the Contractor in

the Service Areas be reported

by the
2

during each month whether residential or commercial shall accurately to the City in a format and with such dates as specified City on or before the 10th day of the following month keep current with the City all documents and Agreement By September 1 st of each year this the Contractor shall ensure and certifY to the City that

The Contractor shall file and

required by Agreement is in effect all required documents such as but not limited to certificates of insurance audits performance bond or letter of credit route schedule and maps drivers license certifications and list of collection equipment vehicles are current and on file with the City Route maps shall be provided in a format as provided by the City Failure to file any document or report within five 5 working days of the required filing date except where granted an extension by the Contract Administrator may result in the levy of an administrative fine as provided in
reports
Section 19

this

20

NATURAL DISASTERS

In the event ofa hurricane tornado

a

major

storm

or

other natural
routes

disaster the Contract Administrator may grant the Contractor

29

variance from

regular

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 The cleanup from some natural inform the public when regular services may be resumed that the Contractor hire additional equipment employ additional disasters may require personnel or work existing personnel on overtime hours to clean debris resulting from the The Contractor shall receive extra compensation above the normal natural disaster 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
and schedules
As
soon as

21

UNCONTROLLABLE CffiCUMSTANCES considered to be in default of this

to Uncontrollable Forces the effect of which

Neither the
or

City

nor

Contractor shall be the

Agreement if delays in by the exercise

failure of performance shall be due of reasonable

diligence

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
ofthis

Agreement obtain
at their

22

PERMITS AND LICENSES The Contractor shall and licenses

changes the change

23

ofthe licenses

required by law or ordinance and maintain the same or permits shall be reported to the City within ten

expense all permits in full force and effect Any

own

10

working days

of

PERFORMANCE BOND

The Contractor shall furnish to the

City

performance
a

bond clean

executed

by

surety company licensed

to do business in the State of Florida andor

irrevocable letter of credit issued

by

performance provided

ofthis

Agreement

and all

bank within Palm Beach County to ensure obligations arising hereunder in the appropriate amount The clean irrevocable letter of credit
or

the faithful

determined in accordance with Exhibit ill

bond

hereunder may be substituted for the other upon approval by the City this bond or letter ofcredit and the Surety Company shall be acceptable to the and the Contract Administrator and shall be maintained during the term of this

The form of

City Attorney
Agreement
as

provided
until after

in Section 1 30

The bond

shall be endorsed to show the

City

political

subdivision renewed

of the State of Florida to

provide

that bonds shall not be canceled

limited

or non

thirty

days

written notice has been given to the

30

City

Current performance bonds

evidencing required coverage must be on file

24

at all times

EMPLOYEE WAGES AND BENEFITS The Contractor shall Local State and Federal laws

relating to wages hours overtime relating to the employment or protection of employees now or hereinafter in
25 INSURANCE

comply with all applicable and all other applicable laws

effect

Worker

Compensation
in
an

Insurance

maintained in accordance with

Compensation coverage must be statutory requirements as well as Employer s Liability

Worker s
100 000 00 per each accident 100 000 00

Coverage

amount not less than

by

disease and

500 000 00 aggregate

by disease during the term ofthis Agreement and any liability insurance covers all exposures policy which specifically

Liability policy

Insurance The Contractor shall

extensions hereof maintain in full force and effect commercial general and automobile incident to the Contractor

liability insurance 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 PremisesOperations 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 or may appear and shall also provide that insurance shall not be canceled limited non renewed until after thirty 30 days written notice has been given to the City certificates ofinsurance evidencing required coverage must be on file with the Current 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
liabilities losses
or

The Contractor will hold the

damages the City may suffer as a judgments against the City arising out of the wrongful acts or omission of the Contractor or its employees Said liabilities losses damages claims demands costs or judgment arise directly out ofthe matters that are the subject of this Agreement and the work to be performed thereby The Contractor shall not be responsible for nor be required to indemnifY or hold the City harmless for any act omission negligence or other liability to the extent caused by the act or omission and caused by the sole negligence of the City or anyone of its employees or agents
27 ACCESS AND AUDITS The Contractor shall maintain within Palm Beach

harmless from any and all result of claims demands costs or

City

County adequate

records of the solid waste collection and or

31

recycling

services

during

the Fiscal Year and for

year following the end of each Fiscal Year of the Contract The Authority or its designee shall have the right to review all records maintained by the Contractor upon 24 hours written
one

notice
contact notice etc shall be directed

28

POINT OF CONTACT

Any dealing

by the Contractor

to the Contract Administrator

29

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
NOTICE

City of Del ray Beach

100 NW

1st

Avenue

Delray Beach Florida 33444

Attention Contract Administrator Code Enforcement As to the Contractor
BFI Waste 1475 S W

Systems

of North America

Inc

4th Avenue
FL

De1ray Beach

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 be deemed received mailed
as on

the next

printed after 5 00 p m or on weekends or holidays will business day The original of the notice must additionally be
e

required

herein

30

DEFAULT OF CONTRACT

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 anyone of the following events
1 Contractor shall take the benefit of any present or future insolvency statute or shall make a general assignment for the benefit of creditors or file a voluntary

petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the re adjustment of its indebtedness under the Federal bankruptcy laws or under any other law or state of the United States or any state thereof or consent to the appointment of a receiver trustee or liquidator
32

ofall

or

substantially all
or

ofits property

or

By

order

decree of a Court Contractor shall be

a

adjudged bankrupt

or an

approving petition filed by any of its creditors or by any of the stockholders of the Contractor seeking its reorganization or the
order shall be made

readjustment

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
effect unless such

of its indebtedness under the Federal

no

stayed judgment
or

or

order is reinstated in which case said

default shall be deemed immediate

By or pursuant

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 aperiod of sixty 60 days or
to or

under

The Contractor has defaulted

terms

by failing

or

refusing to perform or

observe the

or any of the rules and thereto or has wrongfully failed regulations promulgated by City pursuant or refused to with the instructions of the Contract Administrator comply

conditions

or

covenants in this

Agreement

the

relative thereto whether such default is considered minor default is not cured within thirty 30
to do
so or

or

major
same

and said

days

of receipt ofwritten notice

by City

by 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
reason

if

of the nature of such default the

cannot be

remedied within

notwithstanding anything contained herein to the contrary for the failure of Contractor to provide collection service for a period offive 5 consecutive scheduled working days the City may secure the Contractor s billing records at the request of the City the Contractor shall provide such records on the sixth working day in order to provide interim Contract collection services until such time as the matter is resolved and the Contractor is again able to perform pursuant to this Agreement provided however if the Contractor is unable for any reason or cause to resume performance at the end of thirty 30 working days all liability of the City under this Agreement to the Contractor shall cease and this Agreement may be deemed immediately terminated by
However
33

the

City
the

Notwithstanding
termination of this

foregoing

and

as

supplemental

and

additional

means s

of

Agreement

under this

Section

in the event that Contractor

record

of performance shows that Contractor has frequently in the and

regularly

or

repetitively

defaulted

performance performed by
a

of any of the covenants and conditions required herein to be kept Contractor in the opinion of City and regardless of whether Contractor shall be shall forfeit the

Contractor has corrected each individual condition of default deemed habitual violator

right to any further notice or grace period to correct and all of said defaults shall be considered cumulative and collectively shall The City shall thereupon issue constitute a condition of irredeemable default 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 ofthis Agreement In the event of any such subsequent default City may terminate this Agreement upon the giving ofwritten 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 of said Final Notice Contractor shall proceed to cease any further performance receipt
under this

Agreement

In the event of any of the aforesaid events and except as otherwise provided in said

specified in paragraphs A B and paragraphs termination shall be

C above 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

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 ofthe herein specified services The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing liability
of the interim collection service

31

City shall have the power to make changes in or to impose new 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
PUBLIC WELFARE and reasonable rules and
34

The

Agreement between the City and the Contractor for any additional services or other obligations required of the Contractor due to any modification in the Agreement under this
and Section PERFORMANCE The failure of the hereof shall in

32

RIGHT TO

REQUIRE

City at any

time to

require

performance by the Contractor of any provisions City thereafter to enforce the same Nor shall waiver by provisions hereof be taken or held to be waived of any succeeding as a waiver of any provision itself
33 TITLE TO WASTE The

way affect the right of the the City of any breach of any
no

breach of such

provisions or

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
GOVERNING LAW AND VENUE The laws of the State of Florida shall govern this action necessary to enforce the Agreement will be held in Palm will be

34

Agreement Any

and all

legal

Beach County and the 35

Agreement

interpreted according to the laws of Florida

Contractor shall laws

COMPLIANCE WITH LAWS

The

conduct

operations

under this

Agreement in compliance
36 SEVERABILITY

with all

applicable

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 ofthe Agreement Any void provision shall be deemed severed from the Agreement
The

invalidity illegality

or

and the balance ofthe contain the the

Agreement
or

shall be construed and enforced held to be void The

as

if the

Agreement

did not

parties provision with a valid provision provision possible to the intent ofthe 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

particular portion to replace any

stricken

further agree to reform that comes as close as

Agreement
37

be determined to be void No of this

ASSIGNMENT AND SUBLETTING

assignment
or

occurring

under this

Agreement

shall be made in whole

part

by

Agreement or any right the Contractor without the

express written consent ofthe 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 the Contractor without the express written consent of the City shall

by

be null and void and shall be

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 grounds
for the
35

shall have the

contractors
or

right

to call the

performance
or

bond and shall be free to

negotiate

with other

any other person

subject of this Agreement

liabilities ofthe Contractor

company for the service of the franchise area which is the In the event of any assignment assignee shall fully assume all the

For purposes of this section

or

subsidiary or holding company shall company holding owning or in control of more than 10 corporation interest of another person corporation or company
a

parent

mean

stock

any person or financial

38

MODIFICATION between the

This hereto

Agreement
and it

constitutes the entire contract and altered

parties

shall not be considered modified

understanding changed or

amended in any respect unless in writing and signed by the parties hereto shall be in the form ofan Amendment executed by both parties 39 INDEPENDENCE OF AGREEMENT contained is intended
co or

Such modification

It is understood and
as as

should be construed hereto

or

in any way

agreed that nothing herein establishing the relationship of

constituting the Contractor as the agent parties representative or employee ofthe 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
partners between the
40

ANNEXATIONS this Contract due

Adjustments to Service to municipal annexation

as

Area boundaries and the

or

contraction will be

rights of the parties to as provided by Florida

Statutes Section 171 062

amended

or

its

successor

41

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 ofthe 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
CHANGE OF LAW The To the extent that any law effective after the opening and awarding of bids for this Agreement is in contlict 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

The

as a

result of change in law

42

OTHER RATE ADJUSTMENTS Franchise

City

will

strictly

Agreement including penalty

clauses for any

provisions performance quality problems

enforce all of the

of the

43

PUBLIC ENTITY CRIMES No Contractor may be a person or affiliate identified on the Department of General Services convicted vendorll list This list is defined as consisting of
II

persons and affiliates who

are

disqualified
36

from

public contracting

and

purchasing

process

because

they

have been found

guilty of

public entity
as

crime
or

The Contractor is its

successor

required

to

comply with Florida

44

Statutes Section 287 133

amended

SUBSTANTIAL COMPLIANCE

The Contractor shall the materials

are

disposed compliance
45

provided guidelines as set forth herein substantial compliance shall be determined by the Contract
with the Terms and Conditions

ofby the customer

promptly collect all materials prepared and placed within substantial Any clarification as to the standards of
Administrator

INCORPORATE BID CONDIDONS

The General Terms and Conditions and the

Special

presented

in the

original

bid

package

are

hereby

made part of this

Agreement

as

additional conditions

37

Whereof the City of Delray Beach at a regular meeting thereof by action of the City 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 EFI Waste Systems of has executed this Agreement all as ofthe day and year first above written North America Inc
Commission

In Witness

CITY OF DELRAY BEACH

Z
City Approved

By
David W

tJ
Schmidt

Clerk

or
Mayor
Seal

as

to

Form and

Legal Sufficiency

By

Q
City Attomey

CONTRACTOR
Attest

Co

orate

k hco
Secretary

By
Seal

Witness
L

Nan1e

iI 05

lL mI1AJ6t1J

Title

a@

ML

17

YAbE l9

jue
on

Approved by City Commission

2001 Item

q f

38

DRUG FRRR WORKPT ACF CFRTIFTCA TION

If identical tie bids exist their bid Statutes

preference will be given to the vendors who submit a certification with certifying they have a drug free workplace in accordance with Section 287 087 Florida The drug free workplace preference is applied as follows
Preference shall be

IDENTICAL TIE BIDS

given

to businesses

Whenever two or more bids which are equal with programs 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 respect to price quality and

with

drug free workplace program shall be given preference procedures for processing tie bids will be followed if none workplace program
As the person authorized to

in the award process Established of the tied vendors have a drug free

sign

this statement I

certify

that this firm

complies fully

with the

following requirements
1

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 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 This firm gives each employee engaged in providing the commodities or contractual services that are under bid a copy ofthe statement specified in subsection 1 In the statement specified in subsection 1 this firm notifies the employees that as a condition of working on the commodities or contractual services that are under bid they will abide by the terms of the statement and will notify the employer of any conviction of or plea of guilty or nolo contendere to any violation of Chapter 893 or of any controlled substance law ofthe United States or any state for a violation occurring in the workplace no later than five 5 days after such conviction 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 This firm will continue to make a good faith effort to maintain implementation ofthis section
Jfr Te S
Contractor
s

This

firm

B L

m fjsn Name AJ
r

Noe7J

tC4 JJmER

DFW 1

Exhibit

JffW

Ui

uUrE
7

Of2 G B

t Uf

tAfJS

s tJl3PJI7 ED

jJ

tV

WEIBLE

I CAHILL

KER FOl

LLC

1995 POWIS ROAD

WEST CHICAGO

ILLINOIS 60185

E PHO630 762 0500 FAX 630 762 0600

September

12

2001

Mr Richard Wurst The Beacon Suite 500 Boca Raton FL 33487

Group

6001 Broken Sound

Parkway Northwest

RE

PERFORMANCE BOND FOR CITY OF DELRAY BEACH

Dear Richard

Enclosed

please find the

on

bond

needing

FL

agent signature

Please

sign

the bond

all

areas

indicated

Please

priority overnight

the

original

bond to

Sally

Stanton

BFI Waste 1475 S W

Systems of North
4th Avenue 33444

America

Inc

Delray

Beach FL

561 278 1443 ext 413

Our Fed X account number is 1274 0893 9 Please fax copy of the signed performance bond to 630 762 0819 Thank you for your assistance in
a

us

at

this

Sincerely
WEIBLE CAHILL FORKER LLC

CY
Theresa A Snow CIC AIM Enc CC Stanton Via Fax 561 279 9614

Sally

FLORIDA COMMON LAW PERFORMANCE BOND BOND NO

o

929213538 2 900 000 00

o
U Q iJ j

OUNT KNOW ALL MEN BY THESE PRESENTS that of whose

Delaware

iJ

s
Q

BFI Waste

l
l tf

bO

hereinafter and

called
147
TN

Inc Systems of North America the CONTRACTOR Principal 41 11

AVE DE
qy lr qr11 Rp

tlj
C j H o ir

iJ U Q

principal
473 9272

address

phone

number and

is

FT

13444
a

954

National Fire

Insurance

Company of Hart f8rd

iJ

H
o iJ

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 address and number of which is principal phone and and Florida Avenue OWNER whose

s
Q

C
j

tlj

p
I

existing
are

under and

by

virtue of the laws of the

State of Florida hereinafter called the SURETY

held

firmly

bound unto the

City
the

of

Delray
of

g8
iJ

Beach
First

as

Obligee

principal
33444

address and 561 Dollars

a
s s

phone

number is 100 NW in
sum

Delray

Beach

Florida

243 7000

Two Million Nine

Hundred Thousand and 00 100

2 900

000

00

i 8 3
oj

g
l

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 oftheir heirs

tlj

crexecutors
as

administrators

successors

and

assigns jointly

and

severally firmly by

these presents

E5 g g

follows

OP U

oJ

THE CONDITION OF TIIE ABOVE OBLIGATION IS SUCH THAT WHEREAS the CONTRACTOR has executed and entered

into

certain

Contract hereto
own

attached with the

OWNER

dated

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 Contract and all of which is made
more a

Jq

xr leml

ttJPJol to

furnish at his

cost

part of said Contract

by

certain terms and conditions in said

Documents

particularly consisting of the various Contract mentioned herein and relative thereto is made a part ofthis Bond as fully specifically completely as if said Contract Documents were set forth herein for a project entitled as
CITY OF DELRAY BEACH SOLID WASTE COLLECTION SERVICES TIIEREFORE the conditions of this obligation are such that if the above bounden

mentioned

which Contract

NOW

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 and
as

prepared by
Bonds all

said CONSULT ANT

as

Advertisement for Bids Instructions to Bidders

the CONTRACTOR S bid

accepted by the

Payment

Addenda

and shall

indemnify and save damages including but not limited

above OWNER the Bid and Contract Performance if any issued prior to the opening of bids and change orders harmless above OWNER against and from all costs expenses
to

damages

for

delay due

to contractors default

attorney s

PB I

Exhibit

fees

including appellate proceedings injury or loss ofwhich said OWNER may be subject by reason of any wrongdoing misconduct want of care or skill negligence failure to petition within the prescribed time delay or default including patent infringements on the part ofsaid
his agents or employees in the execution or performance ofsaid CONTRACT then this obligation shall be void otherwise to remain in full force and effect for the term of said

CONTRACTOR
Contract

including

any and all guarantee

periods

as

specifically

mentioned in said Contract

Documents AND the said

Surety for

any extension oftime or materials to be furnished thereunder the said Contract shall effect said

and agrees that no change involving addition to the terms ofthe Contract or to the work to be performed or

value received

hereby stipulates

or

in the Plans of said

obligation

Drawings and Specifications accompanying Surety on this bond and the said Surety does

hereby waive notice of any such changes extension of time alterations or additions ofthe terms of the Contract or to the work or to the Drawings and Specifications or any other changes compliance or noncompliance to the terms ofthe 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
suit under this bond must be instituted within five years from the date the accrued

Any

cause

of action

IN WITNESS WHEREOF the abov five

name

original counterparts

this

irtie 9s

bounded

together

have executed this instrument in jj ZOO the

day

of

klnher

and corporate seal of each corporate party being hereto affixed and these presents signed by its undersigned representative pursuant to authority ofits governing body CONTRACTOR

duly

pRINCIPAL
of Norrh Am
r R

RFT

9rp

rpm

Inc

FTnName
B

a
A Snow pn
pr

Signature
Attest
Th
r or a of

Arrornpy

1J

oR ft lDA

vJ

IUT
1

print

type
Seal

SID NI

PB 2

Exhibit

National Fire

Insurance

Company

of Hartford

Surety
ATTEST

By
Phy
lis

SEAL

oyd

Attorney

On

Fact

Approved

as

to form

l
A

Date

G l

City Attorney

CORPORATE ACKNOWLEDGEMENT

STATE OF COUNTY OF The

Illinois

lpage Dl

foregoing by

instrument
Patrice L

was

acknowledged

before

me

this

6th

day

of September

Laughlin
of Weible
Cahill Forker
LLC

name

ofofficer

or

agent title of officer or agent

name

of of

corporation

acknowledging
on

an

Illinois Limited

Liability
He She is

state

or

Company

place

incorporation
to
me or

corporation
has

behalf of the identification diddid not

corporation

personally

known

produced
and

type of identification
take
an

as

identification

oath

t
Signature Acknowledgment
of Person

Taking

Patrice L

Laughlin

Name of Acknowledger Printed

or

Typed

Stamped
OFFICIAL SEAL

PATRICE L I AUGHLlN ubllo State of Illinois NoWuy I S ElCplf 09 19 04 mmlAk MyOl

PB 3 Exhibit

FLORIDA PAYMENT BOND

BOND NO
9
Q

11538

AMOUNT

900

000

00

KNOW ALL MEN BY THESE PRESENTS thaeFI of Delaware

Waste

hereinafter
address and

Inc Systems of North America called the CONTRACTOR principal

w

whose

principal

phone number

is

5 147

4t h Avp Fire

lY OPlr

l Rp

1T

11444

954

473 9272

and National

Insurance Company of Hartford

to company licensed and or registered a duly organized corporation nationally recognized surety a in the State of Florida and enter into agreements of surety with engage in the surety business Broward or Martin Counties Dade resident agent licensed and having an office in Palm Beach of which number and address phone the Florida principal
is

and

State of Florida hereinafter called the Beach Florida as OWNER Obligee First Avenue Beach Florida

existing under and by virtue of the laws of the SURETY are held firmly bound unto the City of Delray whose principal address and phone number is 100 N W
and
33444 100 00 561 243 7000
2

Delray

in
900

the

sum

of

Two

Million Nine Hundred Thousand and

Dollars

000

00

truly be made lawful money ofthe United States of America for the payment bind themselves and each of their heirs to the OWNER The CONTRACTOR and the SURETY and severally firmly by these presents executors administrators successors and assigns jointly
ofwhich well and
as

follows

THAT THE CONDITION OF THE ABOVE OBLIGATION IS SUCH

WHEREAS

the CONTRACTOR has executed and entered into

certain Contract hereto

to furnish at his own cost a 1 andor labor in strict and express charges and expense all the necessary materials equipment and Specifications prepared by the accordance with said Contract and the Plans Drawings and conditions in said Owner s all of which is made a part of said Contract by certain terms of the various Contract Contract more particularly mentioned which Contract consisting is made a part ofthis Bond as fully Documents specifically mentioned herein and relative thereto herein for a project entitled as and completely as if said Contract Documents were set forth

attached with the

OWNER

dated

Sq

r emb

CITY OF DELRAY BEACH SOLID WASTE COLLECTION SERVICES

Project Description including

general description

of the

project

and the

project

address

RESIDENTIAL AND COMMERCIAL SOLID RECYCLING COLLECTION SERVICES

WASTE

VEGETATIVE WASTE AND

PYB

NOW

of this obligation are such that if the above bounden make payments to all persons supplying materials equipment promptly 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 CONTRACTOR shall Statutes then this

THEREFORE

the conditions

obligation

shall be null and void and of no further force and effect otherwise to

remain in full force and effect AND the said for value received

Surety

any extension oftime or materials to be furnished thereunder the said Contract shall effect said

and agrees that no change involving addition to the terms of the Contract or to the work to be performed or

hereby stipulates

or

in the Plans ofsaid

obligation

Drawings and Specifications accompanying Surety on this bond and the said Surety does

changes compliance or noncompliance to the terms ofthe 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 actions against the Contractor or the Surety shall be Any brought within the time specified by Sections 255 05 or 713 23 Florida Statutes
IN WITNESS WHEREOF the above

hereby waive notice of any such changes extension oftime alterations or additions of the terms of the Contract or to the work or to the Drawings and Specifications or any other

parties bounded together have executed this instrument in five 5 original counterparts this the J1 2 911 day of l r YlpfuYlbe name and seal of each corporate party being hereto affixed and those presents corporate duly signed by its undersigned representative pursuant to authority ofits governing body
CONTRACTOR
BFT WaHte

Systems

of North

America

Inc

By

Signature

Jte Fi
R
F
D CtfA

Snow

Power

of

TheresaUIQ
S
Sri e

Attorney
Theresa A Snow

Attest

2 S

Type
Jl AGa

or

print

eJr

Seal

PYB

SURETY

qj N

ql ion

Firp

Tnl

qnc mr

qny omp

of

qrtford H

By
Seal

J K
Attest
l

A H Rl

S W A Rs
J

APPROVED AS TO FORM

Date

0 l

City fh

Attorney

CORPORATE ACKNOWLEDGEMENT STATE OF COUNTY OF The

September Illinois

qgp Dllp

foregoing instrument by

was

acknowledged

before

me

this

6 th

day

of

Patrice L

Laughlin

name

of officer

or

agent

title of officer
name

or

agent

of

Weible

Cahill

Forker

LLC

of

corporation
on

acknowledcnng aan
b

Illinois Limited

Liabilj ty ComEany
state
or

place
me

f Incorporation corporation
or

behalf of the

corporation

He She is

personally

known to

has

produced identification
and diddid
not

type of identification
take
an

as

identification

oath

d
Signature Acknowledgment
Patrice L

ofPerson

Taking

Laughlin

Name of Acknowledger Printed

or

Typed

Stamped
OFFICIAL SEAL
PATRICE L LAUGHLIN
09 My CJmmission ExpIres Notary Public Sta
e

of illinois 19 04

PYB

LIMITED POWER OF ATTORNEY

BFI Waste

Systems

of North American

Inc

Company of Hartford

principal

BFI Waste

Systems of North America SEAL

Inc

Principal

Theresa A

Snow

Power

of Attorney

Witnesses

CORPORATE ACKNOWLEDGEMENT STATE OF

Illinois

COUNTY OF

Dupage
The

September of officer
Weihle CRhill

2001
or

foregoing by
Forker

instrument

was

acknowledged

before

me

this

6th

day

of of

Patrice L

agent
LT C

title

Laughlin of officer

name or name

agent
of

acknowledging
behalf of the take oath

cnJllinois

Limited

corporailon l1te She

is

corporation tte st Liabi1 or place of incorporation corporation on personally known to me or has produced identification
as

type of identification
an

identification

and

did did not

sC2

1
s

Acknowledgment
Patrice L

Laughlin

Name of Acknowledger

Typed

Printed

or

Stamped
OFFICIAL SEAL
PATRice L LAUGHLIN State of illinois Notary Public Commiaaion Expires 09 19 04

LPA

ALLIED WA STE
INDUSTRIES INC

POWER OF ATTORNEY
Allied Waste Industries Inc

incorporated

under the laws of the State of Delaware and

having

its chief

place of business at 15880 N Greenway Hayden makes constitutes and appoints Weible Cahill
William F Cahill Theresa A Snow

attorney

and affix its

corporate seal
dasses to wit

hereby acting through and by William P Weible or Esther C Jimenez Patricia J Kenis or Molly Moran its true and lawful to and deliver for an on behalf as surety thereon or otherwise bonds of
LLC

Loop Company

Suite 100 Scottsdale Arizona 85260

any of the 1

following

Surety bonds and or bid bonds to the United States of America or agency thereof induding 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 compensation bonds miscellaneous surety bonds and bonds on behalf of notaries public sheriffs deputy sheriffs and similar public
officials bonds and or bid bonds on behalf of Allied Waste Industries Inc and its subsidiaries but not limited to Allied Services LLC Allied Waste Systems Inc Allied Waste Transportation Inc American Disposal Services of Missouri Inc and SFI Waste Systems of

Surety

included

North America Inc

in connection with bonds

proposals

or

contracts

surety bonds on behalf of Allied Waste Industries Inc and its provision of solid waste collection transportation recycling or disposal services by Allied Waste Industries Inc and its subsidiaries Allied Waste Industries Inc hereby agrees to ratify and confirm whatsoever Weible Cahill Company lLC shall lawfully do pursuant to this power of attorney and the procedural guidelines set forth to Weible Cahill Company LLC and until notice or revocation has been given by Allied Waste Industries Inc the acts of the said attorney shall be binding on the undersigned
To

sign and

seal all bid bonds and

subsidiaries

relating

to the

State of Arizona
ss

County of Maricopa

Subscribed and sworn before me this

10111 day of April

2001

by

Steven M Helm

JANET L WEEMS Public ArIzona MARICOPA COUNTY My Commission Expires JANUARY 14 2003

Notary

15880 N

Greenway Hayden Loop Ste 100

Scottsdale AZ 85260

480 627 2700

480 627 2701

FAX

POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY IN FACT

Know All Men By These Presents That Continental Casualty Company National Fire Insurance Company of Hartford and American Casualty Company of Reading Pennsylvania herein called the CNA Companies are duly organized and existing corporations having their principal offices in the City of Chicago and State of Illinois and that they do by virtue of the signatures and seals herein affixed hereby make constitute and appoint William P Weible Molly M Moran Amy E Callahan Patricia J Kanis William Cahill

Kimberly Sawicki Deborah Buss Esther C Jimenez Theresa A Snow Phyllis Boyd Individually

of

their true and lawful bonds

West Chicago in Attorney s Fact with full power and authority hereby undertakings and other obligatory instruments of similar nature

Illinois conferred to

sign

seal and execute for and on their behalf

In Unlimited Amounts

and to bind them

and all the acts of said This Power of hereof

thereby as fully and to the same extent as if such instruments were signed by a duly authorized Attorney pursuant to the authority hereby given is hereby ratified and confirmed
Law and Resolutions

officer of their corporations

Attorney is made and executed pursuant to and by authority of the By duly adopted as indicated by the Boards of Directors of the corporations

printed

on

the reverse

In Witness Whereof the CNA Companies have caused these presents to be be hereto affixed on this 6th day of July 2001 j CASU4 oOl OflA

signed by

their Vice President and their corporate seals to

Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading Pennsylvania

SEAL tell1

t
Michael Gengler

Group Vice President

County of Cook ss day of July 2001 before me personaily came Michael Gengler to me known who being by me duly 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 Fire Insurance Company of Hartford and American Casualty Company of Reading Pennsylvania described in and which executed the above instrument that he knows the seals of said corporations that the seals affixed to the said instrument are such corporate seals that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority and acknowledges same to be the act and deed of said corporations

State of Illinois On this 6th

OFFICIAL RAt DIANE FAULKNER

nmlula Myc
R

1111101

My Commission Expires September

17 2001

Diane Faulkner

Notary

Public

CERTIFICATE

Mary A Ribikawskis Assistant Secretary of Continental Casualty Company National Fire Insurance Company of Hartford and American Casualty Company of Reading Pennsylvania do hereby certify that the Power of Attorney herein above set forth is still in force and further certify that the By Law and Resolution of the Board of Directors of the corporations printed on the reverse hereof is still in force In testimony whereof I have hereunto subscribed my name Bnd affixed the seal of the said corporations this 6 th day of LUU 1 September

CASU1 toOl
SEAl 1811

Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading Pennsylvania

a
Mary
A

Ribikawskis

Assistant

Secretary

Rev 1 23 01

Authorizing By Laws and Resolutions

ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTV COMPANY This Power of Attorney is made and executed pursuant to and by Directors of the Company

authority of the following By

Law

duly adopted by

the Board of

Article Execution IX of Documents Section 3 Appointment of Attorney in fact The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time appoint by written certificates attorneys in fact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other obligatory instruments of like nature Such attorneys in fact subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The Chairman of the Board of Directors the President or any Executive Senior or

Group

Vice President

or

the Board of Directors

may at any time revoke all power and

authority

previously given

to any attorney in fact

Directors of the

This Power of Attorney is signed and sealed by facsimile under and Company at a meeting duly called and held on the 17th Resolved

by the authority of the following day of February 1993

Resolution adopted

by

the Board of

that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By Laws and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so be affixed

by

executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or attached continue to be valid and binding on the Company

undertaking

to which it is

ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUAL TV COMPANY OF READING PENNSYlVANIA This Power of Directors of the

Attorney is Company

made and executed pursuant to and Article

by authority

of the

following By

Law

duly adopted by

the Board of

Execution VI of Obligations and Appointment of Ainert o n y Fact of Attorney in fact The Chairman of the Board of Directors the President or any Executive Senior or Group Vice President may from time to time appoint by written certificates attorneys infact to act in behalf of the Company in the execution of policies of insurance bonds undertakings and other Obligatory instruments of like nature Such attorneys in fact subject to Section 2

Appointment

the limitations set forth in their respective certificates of authority shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto The President or any Executive Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney in fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the Company at a meeting duly called and held on the 17th day of February 1993 Resolved

following

Resolution adopted

by

the Board of

Directors of the

that the signature of the President or any Executive Senior or Group Vice President and the seal of the Company may facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By Laws and the signature of the by Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is be affixed attached continue to be valid and binding on the

Company

ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD This Power of 1993

Attorney is

made and executed pursuant to and

by authority of the following

Resolution

duly adopted

on

February

17

by

the Board of Directors of the

Company

RESOLVED That the President an Executive Vice President or any Senior or Group Vice President of the Corporation may from time to time appoint by written certificates Ainert o n ys Fact to act in behalf of the Corporation in the execution of policies of insurance bonds undertakings and other obligatdry instruments of like nature Such Attorney inFact subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto The President an Executive Vice President any Senior or Group Vice President the Board of Directors may at any time revoke all power and authority previously given to any Attomey in Fact This Power of Attorney is signed and sealed by facsimile under and by the authority of the Directors of the Company at a meeting duly called and held on the 17th day of February 1993
or

following

Resolution

adopted by the

Board of

RESOLVED That the signature of the President an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation Any such power so executed and sealed and certified by certificate so executed and sealed shall with respect to any bond or undertaking to which it is attached continue to be valid and binding on the Corporation

EXHIBIT I

Approved

Rate Schedule

FY 2001 02 Monthly Rate

Residential Collection Per Unit

Services

Curbside Rollout Cart

Curbside

Bag

Rear Door Owner Container

Multi

Family

Solid Waste Collection

Vegetative Collection Recycling Collection

Total Collection Fees Franchise Fee

5

of coll fees
90 35

of

coll

fees
00 35

of coll fees
00 35

of coll Fees
00 35

Cart R

R Fee

Admin Fee

Total MonthlUnit

Commercial Solid Waste and Recvcline Collection Rates

Container Collection Rate

per cubic 12 cubic

yard

Compactor Collection Rate

Compactor Collection Rate
Roll offCollection Rate Franchise Fee

yards or less

1 25 collection rate

the container

more

than 12 cubic yards

per per
5

pull pull

of Collection Rate per Container

Franchise

Agreement Exhibit
Exhibit

RATES DETERMINED BY THE CITY

NOT

TO BE ADJUSTED DURING TERM SPECIAL SERVICES

Vlce el

Rate 1 00
no

per service

Rolling Out Commercial

95 gallon

charge

for commercial less 1han 10 feet

container 10 or more feet

Rolling Out Container original location Opening

and

and

returning it

to

2 70

closing

Doors

or

Gates

No 9 00

Charge
one

Locks for Containers

time
10

Charge for Replacements based on cost Unlocking

Containers 1 35
55 00

Supplying and retrofitting locking mechanism on container Adding wheels to or changing wheels
Containers
on

No

Charge

Adding lids
Containers

to or changing lids

on

No

Charge Charge

Moving Container Location Per Customer Request Changing

year

No

Out Sizes above twice per

25 00

Additional Scheduled Pick ups for Residential Containerized Customers

Same as

Applicable Commercial Collection

Rates

No Disposal Charges
Additional Unscheduled not including
on

3 times

Applicable Commercial Rates

call

Pick ups for Commercial and

Residential Containerized Customers

No Disposal Charges for Residential

Special Service or special equipment required because of impaired accessibility

The first two

Negotiable

change

outs

are

free to the customer

Franchise

Agreement Exhibit
Exhibit

RATES DETERMINED BY THE CITY TO BE ADJUSTED DURING

NOT

TERM

MONTHLY CONTAINER RENTAL RATES

I
SIZE

CONTAINERS RATE 1 YD 2YD 3YD 4YD 6YD 8YD lOYD 18 70 40 19 2144 21 22 25 53 27 09 32 79

COMMERCIAL SOLID WASTE AND VEGETATIVE DISPOSAL CHARGE

disposal fee rates cubic yard each Fiscal Year based on a Authority tipping fee The calculation for non compacted Garbage lbs cubic yard times the Authority s tipping fee ton times 1 ton2000 lbs and Trash is 134 cubic yard Commercial non compacted Vegetation is calculated at 275 cubic lbs yard times the Authority s tipping fee cubic yard The compacted rate for ton times 1 ton2000 lbs 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
The

City will

determine the commercial

calculation supplied

by the

and the

Franchise

Agreement Exhibit
Exhibit

EXHIBIT II

Payment Adjustment

Schedule

The annual shall be

consumer

price index April

to April

All Urban Consumers not to exceed 3

rates

adjustment
as

applied provided within this Agreement

Consumer Price Index

to the base residential and

commercial collection

only

as

shown in Exhibit I and

CPr

US

City Average Unadjusted

All Urban Consumers All Items

Franchise

Agreement Exhibit
Exhibit

EXHIBIT ill COLLECTION FRANCmSE AGREEMENT

PERFORMANCE BOND The annual

REQUIREMENT
as

performance bond due to the City from the

Gross Annual Contractor Revenues

Contractor is calculated

Performance Bond Reauired

Franchise Agreement

Exhibit

Exhibit

CITY OF DELRA Y BEACH FLORIDA

Residential Waste

Recyding Collection Boundaries

II

7
l
I

II
I I I

J L

L j

c
Cb

COUECTlON TYPES

D
Of t OA

D
40 1 0 SO
V

D
TU SOAY TUESOOY
t
r

D
Vo ONESDAY llJ 0I Vo DN
SOAY lDAY 5 SA rv m 1

REGULAR GARBAGE
lHURSOTHU
FRIOAY

CITV

OF llELIIAY

lIIUlCH R ZCNNJIlEP

BULK VEGETATION
V URSO

ONC

FRiDA

urso

TU OA v

Vo O

SOH
lE

BULK TRASH

RECYClING

WQNDA Y

f fJ JRSI

T1

ESOA

fooIf

NF

5n

SA

JROA

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Q
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1 1 1

Page

III SOLlI
II

Ii Ii

11 lTI llI

HJR S

Resi Credits 2000 2001 Initial ResidentialGovernmental For Fiscal Year 2000 2001

Disposal Credits

Jurisdiction Unit

City of Delray Beach H auer lBrowmna F ems Industries Garbagerrrash

Tons 11 40 895 325 60 8 580 30 26 091 62
2 943 29

Type

Number of Units 10 814 7 896 296 11 595 30 601 NA N A

Vegetation
Tons 9 191 90 NA 171 68 NA 9 363 58 N A 9 363 58

Grand Totals 21 087 30 5 290 32 497 28 8 580 30 35 455 20 2 943 29 38 398 49

SinQle Family Multi Family 5

Mobile Homes Multi Family 4 Total Residential Governmental Grand Total Tons Unit

5 290 32

29 034 91

Type

Number of Units 10 814

7 896

Garbagerrrash
Credits 333 071 20 148 128 96
9 116 80

Vegetation
Credits

Grand Totals

SinQle Family Multi Family 5

Mobile Homes Multi Family 4 Total Residential
Governmental Tons

413 211

70 NA 13 240

484 544

90 44 065 40 248

148 128 96

296 11 595 30 601 2 943 29 N A

3 948 64 NA 215 362 34 NA 215 362 34

240

40 248

730 565 36

945 927 70

412 82

12

412 82

12

Grand Total Credits

812 977 48

1 028 339 82

Credit Distribution Authorization The undersigned individual

represents that he she has the distribution of the disposal credits for Citv of Delray Beach Please distribute the disposal credits in the following manner Municipality City Delray Browning Ferri Signature
Print Name Title
o
or

authority

to

direct the

Hauler

Garbagerrrash
or

Vegetation
or tons

tons

of

Beach

100

7 IO

00

f U

m
VL

d S
County

FOnD

l
Palm Beach

rt z f n t C

Post Office Box 24693 561 697 2700

West Palm Beach Florida 33416 4693 930 2727 Fax 561 640 3400

South and West

cycled

paper

YOUR SOLID

lI PART ASTE

R FOR

SOUTIONS

July 14 2000 Joseph Safford City of Delray Beach

100 N W 1st Avenue

Delray Beach

Florida 33444 2612

Re

Preliminary
0016

2000 2001 Governmental Assessment

Dear Mr Safford

preliminary 2000 2001 governmental assessment enclosed for the property owned by your governmental agency or which you may rent from a government agency The listing includes the property control number a brief description container size or residential category frequency or units annual tonnage and the total amount to be assessed Please notify us as soon as possible of any changes in service or ownership
Please review the The final invoice will be mailed to you by reauest for ayment If you have questions November 1 2000 with the principal due before January 1 2001 please call 561 697 2700 ext 4739

This is not

We

appreciate your attention

soon

to this annual review process and look forward to

hearing

from you

Sincerely

iC

Accounts Receivable

Supervisor

Post Office Box 24693 Palm Beach 561 697 2700

West Palm Beach

Florida 33416 4693 Fax 561 640 3400

Recycled

paper

South and West County 930 2727

July

10 2000

YOUR PARTNER FOR

SOLID WASH SOLUTIONS

CITY OF DELRA Y BEACH

PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000 2001
OCTOBER 1 2000 TO SEPTEMBER 30 2001 SWA 0016

PROPERTY CONTROL NUMBER DESCRIPTION

CONTAINER
SIZE

PICK UP

ANNUAL

TOTAL AMOUNT

FREQUENCY

TONNAGE

ASSESSED

43 08

46 05 00 000 1080 1 3CY 1 IK XN 45 10 762 85 J

POLICE BENEVOLENT ASSOCIATION

42 12 46 12 00 000 5020
FIRE STATION 4 4321 LAKE IDA

2 95GAL 2 95GAL

1X1WK RECYCLING

48 3

254 04 NO CHARGE

42 12 46 12 00 000 5040
BARWICK PARK

18 20GAL

3X1WK

18 81

1 373 13

42 12 46 24 04 001 0000
LAKEVIEW GOLF CLUB INC

2CY

2X1WK

13 94

1 017 62

42 12 46 25 00 000 1130
FIRE STATION
5

2 95GAL 2 95GAL

1X1WK RECYCLING

48 3

254 04 NO CHARGE

4000 GERMANTOWN RD

43 12

46 08 00 000 3010 1 4CY 1X1WK 13 94 1 017 62

S CNTRL WASTE WATER TREATMENT

43 12 46 08 21 000 0500
BOY SCOUT BLDG

CURBSIDE

2X1WK

1 95

142 35 v

43 12 46 16 01 020 0010
FIRE DEPT HEADQUARTERS

1 4CY 4 95GAL

1X1WK

13 94

1 017 62 1 NO CHARGE

RECYCLING

PRELIMINARY

Post Office Box 24693 Palm Beach 561 697 2700

West Palm Beach Florida 33416 4693 Fax 561 640 3400

Recycled

paper

South and West County 930 2727

July

10 2000
YOUR PARTi ER FOR SOLID ISTE W

CITY OF DELRA Y BEACH

SOLUTIONS

PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000 2001

OCTOBER 1 2000 TO SEPTEMBER 30 2001 SWA 0016

PROPERTY CONTROL NUMBER

CONTAINER SIZE

PICK UP

ANNUAL TONNAGE

TOTAL AMOUNT

DESCRIPTION

FREQUENCY

ASSESSED

12

46 43

16 01 044 0070 SHARES WITH CITY HALL

TENNIS CENTER

43 12 46 16 01 048 0010
MERRITT PARK

3 30GAL

1X1WK

1 57

114 61

43 12 46 16 01 051 0010
CITY HALL

18CY 1 8CY

3XIWK RECYCLING RECYCLING

83 62

6 104 26 NO CHARGE NO CHARGE NO CHARGE

18CY 1 ROLLOFF

RECYCLING

43 12 46 16 01 052 0010
COMMUNITY CENTER

SHARES WITH CITY HALL

43 12 46 16 01 060 0120
HISTORIC PSC SLOG

1 1

45GAL 45GAL

2X1WK RECYCLING

1 53

111 69 NO CHARGE

43 12 46 16 01 067 0052
CASON COTTAGE HIST SITE

1 95GAL 1 95GAL

1X1WK RECYCLING

1 74

127 02

43 12 46 16 86 000 0010
OLD SCHOOL SQUARE

1 1

BCY 95GAL

1X1WK RECYCLING

27 87

2 034 51 NO CHARGE

PRELIMINARY

Post Office Box 24693 Palm Beach 561 697 2700

West Palm Beach Florida 33416 4693 Fax 561 640 3400

Recycled

paoer

South and West County 930 2727

YOlR PARTNER FOR

July

10 2000

SOLID WASTE

iS SOLlTIO

CITY OF DELRA Y BEACH

PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000 2001 OCTOBER 1 2000 TO SEPTEMBER 30 2001
SWA 0016

PROPERTY CONTROL NUMBER

CONTAINER
SIZE

PICK UP

ANNUAL

TOTAL AMOUNT ASSESSED

DESCRIPTION

FREQUENCY

TONNAGE

43 12 46 16 01 077 0040
WORTHINGTON PARK

20GAL

WK 2X

0 70

51 10

43 12 46 16 01 101 0070
LIBRARY

1 2CY

WK 1X

6 97

508 81

12

46 43

16 01 101 0172 1 2CY 1X WK 6 97 508 81

CHAMBER OF COMMERCE

43 12 46 16 D3 00 1 0000
VETERANS PARK RAMBLING ROSE RIVERBOAT TOURS

11 1

55GAL 3CY

WK 3X WK 2X 26 WKS

31 04 45 10

2 265 92 762 85

43 12 46 16 01 134 0010
MARINE HARBOR PATROL

6CY

WK 3X

62 71

4 577 83

43 12 46 16 E3 002 0000
FIRE STATION 2 35 ANDREWS AVE

2 95GAL 2 95GAL

1XfWK RECYCLING

48 3

254 04 NO CHARGE

43 12 46 16 22 023 0010
SANDOWAY PARK

30GAL IGLOO

WK 3X RECYCLING

1 57

114 61 NO CHARGE

PRELIMINARY

Post ONice Box 24693

Palm Beach

West Palm Beach Florida 33416 4693 Fax 561 640 3400

Recycled

paper

561

697 2700

South and West County 930 2727

July

10 2000

YOl R I

iER ART

fOR

SOLID WASTE SOl lTIOI S

CITY OF DELRA Y BEACH

PRELIMINARY DISPOSAL ASSESSMENT FOR FISCAL YEAR 2000 2001
OCTOBER 1 2000 TO SEPTEMBER 30 2001

SWA 0016
TOTAL AMOUNT

PROPERTY CONTROL NUMBER

CONTAINER

PICK UP

ANNUAL

DESCRIPTION

SIZE

FREQUENCY

TONNAGE

ASSESSED

43 12 46 16 22 023 0020
SO SANDOWAY PARK

30GAL

3X1WK

1 57

114 61

43 12 46 16 28 001 0200
PARK PAVILlON 25 OCEAN BLVD

64 30GAL

2X1WK

66 89

4 882 97

43 12 46 17 00 000 3130
POMPEY PARKBALL FIELDS

1 4CY 1 IGLOO

2X1WK RECYCLING

27 87

2 034 51 NO CHARGE

43 12 46 17 00 000 3140
POMPEY PARK RECREATION BLDG

1 4CY

2X1WK

27 87

2 034 51 r

43 12 46 17 00 000 3160
POMPEY PARKSWIMMING POOL

1 20GAL 1 32GAL

EMPTIED INTO DUMPSTERS AT POMPEY PARK

NO CHARGE NO CHARGE NO CHARGE

1 45GAL

I
2X1WK 1 95

43 12 46 17 23 006 0110
ATLANTIC GARDENS POLICE SUB STATION

CURBSIDE

142 35

43 12 46 17 26 002 0230
AMERICAN LEGION HALL

2 95GAL

2X1WK

6 55

478 15

PRELIMINARY

Post Office Box 24693 Palm Beach 561 697 2700

West Palm Beach Florida 33416 4693 Fax 561 640 3400

Recycled

paper

South and West County 930 2727

July

10 2000
YOlR PART ER FOR SOLID WASTE

CITY OF DELRA Y BEACH

FOR FISCAL YEAR 2000 2001

SOLUTIONS

PRELIMINARY DISPOSAL ASSESSMENT

OCTOBER 1 2000 TO SEPTEMBER 30 2001

SWA 0016

PROPERTY CONTROL NUMBER DESCRIPTION

CONTAINER
SIZE

PICK UP

ANNUAL

TOTAL AMOUNT ASSESSED

FREQUENCY

TONNAGE

12

46 43

45 17

001 0000 1 6CY 2X1WK RECYCLING RECYCLING 41 81 3 052 13 NO CHARGE NO CHARGE

POLICE COMPLEX

1 2CY 2 95GAL

12

46 43

49 17

050 0010 1 3CY 1XIWK RECYCLING 45 10 762 85 NO CHARGE

OFFICE COMPLEX ATTORNEY S OFFICE

2 95GAL

43 12 46 19 00 000 1010
COUNTRY CLUB

1 4CY 22CY

3X1WK RECYCLING

41 81

3 052 13 f NO CHARGE

43 12 46 20 01 008 0030
FIRE STATION 3

2 95GAL 2 95GAL

1X1WK RECYCLING

48 3

254 04 NO CHARGE

651 LINTON BLVD

12

46 43

20 01 009 0010 1 6ey 1 8CY

COMPLEX 1 XMlK

WATER TREATMENT PLANT

20 90 83 62

1 525 70 6 104 26 NO CHARGE NO CHARGE

CITY GARAGE
EVIR SERVo DEPT

3XIWK
CARDBOARD RECYCLING

1 4CY
4 95GAL

RECYCLING
z to 1

43 12 46 20 01 018 0010
HEADSTART DAYCARE CENTER

b 1 CY

3X1WK

i ts1

PRELIMINARY

Post Office Box 24693 Palm Beach 561 697 2700

West Palm Beach Florida 33416 4693 Fax 561 640 3400

Recyclec

paper

South and West County 930 2727

July

10 2000

YOlR PARTNER HJR

SOLID WASIl

iS SOLUTIO

CITY OF DELRA Y BEACH PRELIMINARY DISPOSAL ASSESSMENT

FOR FISCAL YEAR 2000 2001 OCTOBER 1 2000 TO SEPTEMBER 30 2001 SWA0016
TOTAL AMOUNT ASSESSED

PROPERTY CONTROL NUMBER DESCRIPTION

CONTAINER
SIZE

PICK UP

ANNUAL TONNAGE

FREQUENCY

12

46 43

20 01 026 0040 1 95GAL 1X1WK 1 74 127 02 No

PINE RIDGE CEMETERY

43 12 46 21 00 000 5000
ATLANTIC DUNES PARK

7 30GAL

3X1WK

10 97

800 81

v i

43 12 46 21 01 001 0130
WOMEN S CLUB

CURBSIDE

2X1WK

1 95

142 35 v

43 12 46 21 01 008 0360
CURRIE COMMONS PARK

45GAL

WK 2X 2X1WK

1 53 6 97

111 69 508 81
I

2 95GAL

43 12 46 21 09 002 0091
KNOWLES PARK

4 30GAL CANS 1 55GAL CANS

3X1WK 3X1WK

6 27 2 82

457 71 205 86

12

46 43

29 07 000 0050 12 30GAL 11 20GAL 3X1WK 3X1WK 3X1WK 3X1WK RECYCLING 812 45 to g3 18 81 11 50 11 29 41 81 1 373 13 839 50 824 17 3 052 13 NO CHARGE
II

MILLER PARK

4 55GAL 1 4CY 1 IGLOO TOTAL

s r

PRELIMINARY

Post Office Box 24693 Palm Beach 561 697 2700

South and West County 930 2727

West Palm Beach Florida 33416 4693 Fax 561

Recycled

paper

640 3400

YOUR I SOLID vV ASTE

ART FOR ER

SOLUTIONS

Calculation Formula Governmental Assessments 2001

October 1 2000 to September 30 2001

Dumpsters X Cubic Yards X of Pickups Per Week Equals Total Cubic Yards Per Week
Take Total Cubic Yards Per Week X 52 Weeks Equals Total Cubic Yards Per Year

Convert Total Cubic Yards Per Year To Tonnage Cubic Yards Per Year X 067 134 Ibs per cubic yard 2000

Equals Total Tons Per Year

4

Total Annual

Tonnage

73 00 Rate for FY 2001

Average Annual Tonnage

Cat 1 Cat 2 Cat 3 Cat 4
1 95 67

Per Unit

By Residential Category Single Family Homes 4 Multi family 2 units

Mobile Homes Multi

1 68
74

family 5

or more

units

Other Container Sizes 20 gallon 10 cubic yard 30 gallon 15 cubic yard 27 cubic yard gallon 95 gallon 50 cubic yard at 3 to 1 ratio Compactors 55

Post Office Box 24693

Palm Beach

West Palm Beach Florida 33416 4693 Fax 561 640 3400

Recycled

paper

561

697 2700

South and West County 930 2727

CITY OF DELRAY BEACH BID PROPOSAL FORM To

City of Delray Beach 100 NW 1st Avenue Delray Beach Florida

33444

Project

Solid Waste Vee etative Waste and Recvcline CoUection Services Finance Director

City Project Manager Joseph M Safford

Bidder Bidder Address

Date

Bidder
Phone

Representative

BIDDER S DECLARATION AND UNDERSTANDING

The

those named herein that this Bid is in all respects fair and without fraud that it is made without collusion with Beach and that the bid is made without any connection or collusion with any any official ofthe City of De1ray person submitting another Bid on this Project The Bidder further declares that no City Commission Member other City officer or employee directly or ofthe total assets or capital stock ofthe bidding entity nor will such indirectly owns more than five percent 5 from the profits or emoluments of this an individual or benefit by more than five percent 5

undersigned hereinafter called the

Bidder declares that the

only persons

or

parties interested

in this Bid

are

directly

indirectly

contract

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 ofthis Bid terms ofthese documents which specifications are hereby made a part
The Bidder further declares that he has 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

Bid Form Paee 2

ADDENDA The Bidder

hereby acknowledges

that he has received Addenda No

to the

General Terms and Conditions the TAXES The Bidder

amounts

Special

Terms and Conditions

or

the Franchise

Agreement

hereby acknowledges that the sums bid below shall not include Florida The City of Delray Beach is exempt from these taxes on services

sales or gross

receipts

tax

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

minimum
or

faith estimates for the sole purpose of determining bid awards maximum amount ofwork whatsoever

The City does not guarantee any

BID PRICES Bidders

wishing

to

perform

the residential solid waste

City and Commercial solid

waste collection services

vegetative waste and recycling collection are required to submit bid prices as detailed

services for the below

Residential Solid Waste Vee etative Waste and Recycline Collection Services I We propose to collect all residential solid waste vegetative waste and recycling from customers these services in complete accordance with Beach service area and to within the the

provide City ofDelray ofthe General Terms and Conditions the Special Terms and Conditions and the Franchise provisions includes single family Agreement The bid prices below are for collection costs only This residential bid as shown in Exhibit I ofthe and multi family units This bid does not include any special charges Franchise Agreement or City administrative charges rollout cart fees or franchise fees
Commercial Solid Waste within the City of Delray Beach propose to collect all commercial solid waste from businesses service area and to provide these services in complete accordance with the provisions ofthe General Terms and Conditions the Special Terms and Conditions and the Franchise Agreement The bid prices I

We

below are for collection costs

only

This bid does not include container maintenance

charges

as

shown in Exhibit I of the Franchise

Agreement

or

City

administrative

disposal special charges or franchise fees

Corporate
ATTEST BIDDER

Seal

Signature
Title

Signature
Title

BPF

BID SUBMISSION FORM

PROPOSED
COLLECTION
RATESP

PROPOSED COLLECTION FEES

per

MQNtll
Residential Solid Waste

YEAR

F S Curbside Rollout Cart

F S Rear Door Owner

12 888 1 361

Container
F M Curbside Ba
s

2 505 13 847

F M Containerized Residential Ve etative

Curbside Ve etative

16 754

16 754 13 847

TOTAL RESIDENTIAL

NA

er
er

Cubic Yard Cubic Yard

Per Pull NA

1 330

er

Cubic Yard

Note

Collection

rates

should

not

include

disposal container

costs

special services

costs

or

City fees

Company Name By
Name Title Date

BPF

Addendum No 1 Authorized

Signature

Name and Title Name

Company
Address

Phone Number

Fax Number

Addendum No

ADDENDUM NO

CITY OF DELRAY BEACH BID NO 2001 21 SOLID WASTE VEGETATIVE WASTE AND RECYCLING COLLECTION SERVICES for the above referenced 1 dated March 5 2001 to the Specifications and Contract Documents and Contract Documents and in case of conflict project is hereby declared a part ofthe original Specifications the following Addendum shall govern Addendum No and general in nature It is advised that the information contained in this Addendum is abbreviated and completion of the Bidders responsibility to include all items necessary for the proper execution coordination all workservice directly affected by this Addendum Bidders
are

CHANGES

ARE

AS

FOLLOWS

1 2 3

Replace Replace

Bid Submission Form page BPF 2 with attached revised page BPF 2 Commercial Solid Waste Containers worksheet with attached revised
34 259 Total Cubic Yards per month

page

reflecting

1 032

containers and

Credits for Fiscal Year A copy of the Solid Waste Authority Initial ResidentialGovernmental Disposal 2000 2001 is provided and attached as additional information to Bidders is provided and A copy of the Solid Waste Authority Preliminary 2000 2001 Governmental Assessment attached as additional information to Bidders Amend

Solid Waste Disposal Costs

loads that

Contractor shall be

recycling

the City and the Contractor shall be bound by all the terms and conditions found in the Agreement between of Solid Waste Authority dated August 16 2000 regarding the collection data documentation and promotion
6

responsible are rejected

page 23 23 to include the following language for all fees costs or penalties assessed by the Solid Waste as contaminated and where a disposal fee is charged

Authority

for any

being

recycling materials include the following Amend Legal Requirement in the General Terms and Conditions page GTC 2 to language the term of the Contractor shall abide by State law regarding any areas that are annexed into the City during
Franchise

Agreement
waste

requested to submit an alternative bid to reflect vegetative week whereas the original bid is based upon 3 days per week
The Bidder is

being picked

up 6

days

per

Bidders shall with

acknowledge receipt ofthis Addendum by completin your bid package Joseph M Saffor Project Manager

the

appropriate

section below and

submitting

Addendum No

BID SUBMISSION FORM

PR S p

ION l COJil LEC

ta U8PER
MONTH
Residential Solid Waste SIF Curbside Rollout Cart 12 888 1 361

SIF Rear Door Owner Container

F M Curbside Ba
s

2 505 13 847

F M Containerized

16 754

16 754 13 847

TOTAL RESIDENTIAL

NA

ES CU

flidr

ItARDS

TED

g
ll dNOr8TRA E e M l
er
er

Per MONTH

Cubic Yard Cubic Yard

Per Pull NA

Haul

Note

Collection

rates

should

not

include disposal container

costs

special service

costs

or

City fees

Company Name By
Name Title

Date

BPF

AMENDMENT NO

TO SOLID WASTE AND RECYCLING COLLECTION X001

FRANCHISE AGREEMENT DATED SEPTEMBER

THIS AlbIENDMENT NO 3

t the Solid Waste and

recycling
this

C llectioll

cP
rallcllise 1

reemellt LL

ecl er llten11 d Sel C

kJQ1

is made

day

of

Cl

veen et t11e CITI ley a11d l

OF DELP BEACH Y s

the

City a11d

WASTE MANAGEMENT INC OF FLORIDA

WM

WITNESSETH

e WHEREAS tl City a11c1 entered into

EFI Waste

Systcnls f

N 11 111ericz t 1

BTI
the

chise 1 rrarA dated eelllellt i li s waste

1 an

er Septe111l 20 fj01
materials

vide for r l
the

collection

of

lin reGy

within

City the

Agreement

and

e 1 il mtn WHEREAS pr t 11t Nc suant u

1 ated

r Ofa temLiR Se1

the

T Cit

11Se11ted t Ci tF ail

11121e11t 1 ctS

olll fl PI t VVNI of the

rtt t tell t11e1 1 t avisiolls rt 1

with 111oc lificatiolls

to the

1011 IV1s1o11G term 111de121111f1cat pl tlid olhet

and

WHEREAS plus ko lallt

1111ent Amens N

clttted

er l OC Seplenll tC t11e

parties a111e11ded the Agrc tinlent Veaelettive

from
Vclste tsil

1 Zn ekl t11e
to

n v si 11Lcti crf Cur1 residential e

lays

per weel a11d

1Vlde pl for the

and

ll eollectif of waste

public transportation
V1TIIEREAS t11e

shelter

receptacles

parties

desire to amend 111e

Agreement to
fCrl

tend e the term

proVld

for

lel fl

e SLlrillctr 111vdlfy

t11e

ate 1

lsl111ertt adlr

es cllall

111

the

rI1SLI1Tle1 Price

Irtde lelete C1c1t1s1Vlt

alld litioll de111

foi

f y tf W al11 11 1tc te111 o 1 service l f

at

for

Llctloll tstl col

IS elil t

t tlctlol lltlon constl delll

alld

Vat1V11 11 x S1tCti 1

al1t 1 it C Llll G

ll t NTI

tt 1 e121 Te l Tlll cf StG ilEc3I1Ul

S c1CtlVltli

NOW THEPETORE
ei11 llel and fol Ot11e1

in collsideralic of file ci contained ll vellants

le l ation t Cell i l o oc alld Valtlal Consid tile rt it21 sufficiellcy

1s

of cvllidl is

cl i s t wl 11 ac1 tll laarti aar

The recital set f ions arth alp eve

llltws f

s al

oratcd rl inc herein

s 111eitllin set forth
in the

ll z

ed tli tpit c fier111s

shall 1 the nTL t

11t e111c rC as ia111ellded

3

tlliless the conic re tl t W1St LllreS tel

Sectio111 TEP is arnetlded to rea as follows M l

terzrr y rEZcraC t s re Tft of Cri 9 PTt i Yt7U t Lll L

012

is

a ia r 1t xCfr rars ivr

7aar

es ia ex

Seckloll

1S

1111e11Cled

to

read

as

llows ft

Tir St Waste r rr Pecyclirt C Pate rr calfecti IIccCicraz i4c CE scrc C1rt s

r utsr t rrstrrr I j r rail

rrgts cJr shall

7blislaerl at hiliiC csC r E T rarrc

7serf s nC rrziCirall tr rz CTaG a r s sarUserlateraCly rzr rrr C Cris jrrstcz sar aaC
3CcZiJi Y rt11

U4

Jl1c1Zl TEG e

l1 C sl7erll ICfCti 3atf

7aa72aaral

32l latlc Jar r7 taa

tjx

al Ci J r fc c 3lir IS Wi7sCL

llecCaarr r si C S P ice earCinl

clia7 Pec
G l tl he

WfaSCC ll cta ZiL a ll C eCL C 711 l Zt r 21i2 lt7l 711179c1 t

tu11 2c1 711ct 1 cJ

cS t11 Czt1t2 Z71cL r lIl 1G Cr

aZC lt Jr4fr9 7slatxll i

rlta p r sG zCel rr

ad arl C Cllr c rTl rlhila g r 1 Scrvic raarr Co Resi Cit7l er Clr aartailae

errCltal sit 1irf 4Cc ara f P S W Cvtlektz

ice z Set
t

clira llecCztrrl 1CE

l al z cCi r icc r zCe rrrrrlerctral S asCe ll ct C ir W Cc S rarl C cztal C1117a flt 7i1C 1 i 312111t iL itlle 1 l 72 12t i 17 11 t7 tl a C t S tZI tills 1 L1 caall raCCl slll tCCIt c c kll cZ na It1 rla2 ctl Ctc lh 1 flae 11 1 52t111 rla llaazea iJ1G711 G rall t 11S 1 l at l Lla rl Cl1c7i rra CIZ Corx aLS af 1C 11r1 rZa7c al c11 lll Ci t7S Srl Z12 71I ES l 1a1 lltSF Crl 12 S cZ1 a
lia

fills

The Cc shall 7cJor ulr

Jal szl

lre ity 7va sr jr lr rzs l h cla l llter ft vrl iFr rltt

r n t
Je1 Fc7

t7l n rcasc liecnssnr

t
i et7c t t71

7l ttttzl 1

Trite

icl7Fs usta r7 hr7Ll

he

i7 fcc e

17ca777tiil2a

a OCICEI7

sS zuise iii7h tltcl

7ll t i7lutza Gterriiiiae 11ie Cify rai the y

i tzut lati C

tlU11 JG 5 U N1 CrI is t111tn by t the L 1 I TL STERS ldill d l

llowill fc to

file e11d cif the Section

X r 772 Cl i fl 1 ceilli Cil 5101 e5 r7 tl ts UE7l a17 t 51t3Pii a Cii2 aZCE Cn 1 i7 i el 71 72212 shall 2crt Ise re flaid irJ file z t is ren2o C er rii c i7ae etr7 e asli 2iel i i n i iiih i i this cln iit ii2clair is st e iil1 ti ui2sti c trr th tc t s

lls

fire

ar 3t lT Q

rit2rl L7111i 2titrlel t0i 772C1s fl yt

7

11Zr71 tli

ii i i7 cllleith i77 t722t

7Sc e 212C7 r75

e52ilt 1

the y 1tt 11e 1111t hL tT t 1 J IlT i lS 71171 1 17t i tl2e

t7etor 2st2 ec is

el wii2 tari5 ni z7 cin tlfr 7c i

t tt 7 ri ci2 Coi21i ii2

iihlic r n 7i af l2ts if

t12
be

5 City 7vi5he

this

2 ri stE rlct re2ri it s12 71 ri5 r 711

lse at7rrrtc it2 ris v ic fltrll if t pity is still e22 ifs St c r 12 7l i i atet 7iirt mtr rrlt rt igi r j11 t71G Zt 1 irTr2Ct0Y E22 lOt il1S 7 ilOl t OfJ tl2e ttl2e c7at CI11 l2 CCht75 s 16 C1i CC 2 1 l5 02it 0 t12 TTIleG i2 2i it 71 e 2r 2i2r7 t 01 2i2 fE Of ZUCfafl l3 IS tt7 t l
r7Ct0i t5 ct tIi CQii2 0 7TeZ12Cr2i5 et72 CU72 ri10 t is5 3 2 Tees 12112 fees 7 the C2t
6 The Contractor
111
R

r tcG h coltlr 7v7at s121711 U FE1l ra Cc r7 i z 212 i e t5 o a 7e

2lCtifli2 t r 1 27Z

rically 11ist

has

wicled ultlally pr al
evelltS

to

the

City

i 1 7 worth Cif
t abree t11a
same

ilid

V1CeS Sel at

trod I1S C eiial ity S SI

treat

11e al I1 t1eS
as a

shall

y hereL
Tl1e

lie illere t4 O wl 11d services at i 1 in i t rth lse t O i

City sI ollsored
rs spons at file
7a

events

City

shall

file

i11d 1 i11 service level

s

spcEils l rslll of the

event and

le shall inchtt Contractor

Cthe a one sed vert

erc ossit le riate ro a Level wl l

are

Lxhibil I and L kllilait II

deleted and

laced re with

new

hibit EI

a11d E II attached Izereb and it thit

incorporated
ether

herein

twitllsta11di11 any 1
I llul tij c Ctpell 1 SerVICe

provision

i11 the

111e11t raly brei tenlp l

ECir C d114 de111Ctlitlvrl del at c 11 tlti Fnstrtl I IS l llstrllCtioll o

I1t1rJ11 Clelll ctnCl re11 Sites Va11o11

1S

11ot

lnclLlded ill this

ee111e11t 1 A

This 111e11d111ti N nt

aet11e1 VIt11 tS

tlli

111a1 11t 14 l e111 v 1

altd

a11y

Wrlttell a111ei1dnlerttS

r 1lerel

COnSC1tUt L e11t1Ti 11G

n1L11t NGill Tt 6i 1 tll

111 final

parties 1 ilatlll

to t11t

jecl sttL

matter

eof 11e1

It

is

ssion pl

lllellt C rc 11 t1 c11etWC t11e partleS thus

a11y

r lleitll l s11a11 ty al

d Llltltlt t y tll l 1 11 td lri

Cu11f11Ct111a
t

ctl 1assttl C1 l lltat1u11S si epT arlceS t1111S

t1111ePS d1si1

her eil

uS r pri t11 si111t11ta11e With

IQ

t11e el l1 tltl t111S s lldnlellt n1

pt E
Vrlttell T

as

resSly t led 1t111 e 1110di1 111 Wl

ein hG

Gr

as

1dlfled 111

r Ii

ltlellt Set St1I

allle11d111ellts

all t11e1 ter111S itl 4 f t11 id v lls 11cliti

illal i ol
ar

lnertt Are antl a11y a111Cnt t11t st1rV1VC t11i i111L11d111Gl1t and tS G rilCl 1 r t cl deeln t L

at i 1 ll cr incor h a11
EREQT WI
the

are

i11 ill Ln

t11c

s arti 1
tc

IN WITNESS

ecuted 1111ei1t n1en ties al 1 Have e this 1

t11e Solid Wash alld

Pecyclill

11 llecti his C Fran

nt e111 n1 ra A t t11 day

and

v year first 1lereillabt written

EST

H C ELR P T c IT W FLIRIL

City

lerk

73

Pi la

llis Mayor

ved Appr as t legal artd sufficiency

rn1 f

pity A ttu111ey

WITNESSES

WANE

MANAGEMENT

INC

OF FLc7RIDA

Vice Preside t
r

t
r

Name prilll ed
7

yr

ed 5
7

dl Flcit tit p I l 1

z ti

Na111e pI Illteil
STATE QF

lJ t

ed

LTNTY F CCC

The

day
t

f
t

e S 11i L Ille t111S Qlll e I f I11StPLII11eIlt 4V C ed I Wled ef w C n1S C Uy 2C

1L
e

as

lR t
I1 rati p I c

iialTtt tf ctfflcer
W

v1

fficel e111 7 titlC of c

tr

tt e1 1 rf

1l

r4 t tit1 tt t II11 11 of tJl11 il1 it ttl LtiIC J111 r of irtc I I1 behalf c the f stale place niei afi l lpr alivll r Sl1e IIe is llall n to nom u liar f s pel Eun1 iuced r Of 1C1e11tiflCc aS ideilt ICah Il type t1611

Il S e el illy ig11aL1II f I Tal

r

Illellt 11VWled

Nan1e

illtecl Typed PI r Stctlllped

r
pRY Ptrt

YfYC 1 153 IltJ4 C7A tFIRE t E C Utl s Scnri

ifim B Notary Car ei

EXHIBIT I

ruved A
Rates
Rates
are

trle Date Sehe

Rates EfYective w1 008 Lier icb

icate nrhly Munless Ftherwise in

urbsid Dart uli Wash

14 50 0 14 811

lin y R
9 Yar Waste Total

t s 1 of FF

Rear Cs C Fr ns 1Wash 1i

14 1 a 2 50 14 1 x

lit yr RaC i
Yard Wawt ta Tr nit f s FF

sirlBays GurF Ild Sr Waste

14 X4 50 50

lin say P
Yar Waste Tntal

net

cif

s FF

14 J

ilytain Multifar Gu rr I 1 rizr unit li Sc Wastr 10 x

lin yc P
ta Tr net of FF s

5tt 2 5

iaRates r rnn G alFEU rJ HY nly iy r r Gur iic i riv arts m n rc Bus

l inc FF s

CI F l I u C1 1

unthly n ratY

5 Iw c1 sit t F fti 5t Frate

ff llt Rr Fate t T IFJC r Haul rdisGusal in FF v LUGItl D rr lus s0 l

EXHIBIT IA

lul ci v r l A Pale S
ex Rtes EEEecI ct 1 2008 ive t

rl lu4 Jivi r n ci i r I ai r t rrrrritly IuC it i Ilrsn ti4 Atl iti Av thy L 4 r7tr r a r n s F ic t nd Pirtf t c 1 v r va rc ut a l t i 1r nt v rr uiiikrYrs h rty rr l t r rr tle sl e e l f is nct r 1ti th erty tl r the r a ft l r c by li ii 1i4 tr atli rrt ti W A Lt1tr i r rity r iri tli rit J a r li e Alth h rrs tc iriil ritr r thr ii rf4 e tli nt rs in iiy will r sval tw su rrlatcil t

t t iiy is iiiI Il a r ri 4 sf tli r ti 4 f r tre t n c

Thy

itywill

Ei l iJ r ill47rinra will L cc W f ws ll E llywhi li ut rrrl tirri I r work tl7i rs f

3 II cc itpicE u rw E sri i Nir 3 F

sri l t r t al r h I TWA Ff i s c si r y

yare3

Ilun

rtair r ori c

rhi yar ls s 66 390 X7 5 rr y c r F f 4 v wecF 31 i sr Y rr w nt tii3 rrsr ih adjust by tli SWA tli rtr rrirshell L I ly riat r

iiirr rii 15 4 l hu is c sal tti

r13i

just ac

EXHIBIT II

11t Pay121 Adltlstlllellt Scllcdtile

x er nsuzl CcPrice III

act01 r the s c l al ayt1L Colllpellsatii I t Ct lltl f cOllectloll SerVl Sllall be adjtlste 1t 1 rdownward the C Prig Index vflect cltringcs ill llsunler uard up alllulally to r fur all urban consumers ft Miami Lauderdale area all ite111s as published ir Fort r atistics S artlilenl tr ttl by the LT De f Labs Eure of Lab Sl cvPI Pc inlling r t tlld E eaCli l lctCrbel 1 tllel tGl t11e frakes shall be eaf Ci11 Ctob ll ing reg t reflect the increase or decrease in the CPI f the r adjusted immediately twelve 1 lnontll period f I t ril April Such tlpw rtdjtlshnellts precedill cl u shall Lie 1i111ited to a r cap cif five percent 5 per aralum luny CPI upwar I l lling l adjustlnellts in excess of five percent 5 in ne 1 year wi11 roll forward cvarcl culrtulatiucly until a year when the CPI ul adjustlllcnt is ulleler five percent cess I 1 lle forw4trcl will then be I 5 The e t upward a rllat has r Ijttstrllent cl itellt 5slble r elce f1Ve 1 applle tv tllc 1p not t e11t c lrJ In cllly annual In llo case shall khe C based up adjtlstlnent exceed PI upward ldjtlstlnent varcl
r

five

City in writill of illcl that arc L n the CPI as 1 ill this secti prier to eases ased n Vided 11 illued rtt i ant stibsl nuld ilnplenlentatic Sllt the CPI be clisc Jr lly lilcdificd then ail altel llicle shall Lie ch and tltlli Nitli a llate i sen ecl Comparable rolling cal by mutual of the City and the C ur litracl agreement ltify n
Fuel Surcharge

percent 5 il any liven ye j lr

Th Contract sh or 111

the

ntrackor sh C tli

on a

triy ye basis adjust

the

applicable

rate

charged

to reflect

e tli y ally cll ili tiie cost cif elicscl fuel as dctcrlnilled L referetlce Illformatioll Adlnillistratioll of the LTS Llepartl of Energy tent
7ebsite t kllat

to the

Energy E C EIAJL
follows

ts C l a Pepc ctVel prices

States

f r d1e3c1 fuel fol tl L At1a11tiC te rvcl linl

Llliitcd

The

is

as

111 asp iesel il th v boVJooalillfctl e d cl eia lltont llttp Tlle ft surcharge sh tllated tr always be c4tl cm the base rate charged kc llCity on the first year rate of this renewal and shall not be Co111p4 Fl t1 ie st1L years tlllded n 1ttellt se calculations
Tile

adjtlstlllellt shall be

After dct rlllirtill

ber ct and effective C1 i every October 1 thereafter lie averabe price of iiesel ft1e1 from the aforesai website fr the

OE L EIA fuel cost j

to

inlliiediately preceding
st difier c Ilictvi11

1 nltalll l li ri if d e

May
the

April

the

rrespvlidill cc

fuel

e L calctllateel

stlallt pul

ti

villa full tahl

N l 1t r h f

Wr1 nEs l t t ju 11 5h

11

til

l tnl the

calculatiull sha11 l e xtrap frcan tliu sit f c rtlz ted tl

elray Management City of t Beach Fuel Surcharge Table

Waste

TABLE FOR FUEL SURCHA RGE CA CULATION

Percent of fivers 990 1 10 1 2 290 2 10 1 2 590 2 4 7 2 590 2 0 3 194 3 14 3 190 3 14 6 3 790 3 14 9 3 094 1
e

Percent of Avers 14
e

Price Gallon
to to to to to to t t0 to to

Surchar

Price Gallon
to

Surchar

139 2 259 2 139 2 559 2 739 2 SS9 2 051 5 159 3 339 159 639 759 3 939 3 OS9 1 239 x

14A 0 9 0 S l0 0 7 4 6 a 5 fr 0 1 0 3 0 2 4 1 4 4010 0 0 0 x 0
4

389 x 539 x 68 8 9 989 1 1 59 S9 5 9 1 5 589 5 739 5 859 5 039 6 iS9 6 339 6 59 6

0 I 0 Oolol O 0 I3 0 1 r 4 l0 0 S l0 0 1 0 5 l0 0 6 4 7 0 8 l0 4 9 0 10 0 11

390 i to 4 5 1 69Q 4 10 5 1 994 x 0 1 5 240 5 10 x 5 594 5 10 7 5 S94 5 190 6 4 3 6

to to to to tG to to to to to

to
to to to to

i 0 6 to
tt to

http j asp wohdpJdiesel ogJinfo Gov doe eia tonto Weekly Retail fin Diesel Prices Lower Atlantic Highway Baseline Price gallon 69 x

y l Metllv

Poch uF t11c calcul r l i n s an tl1 a to tllsffi CPI 11d Tu r ti r aratcly i i r11C ullecki 11
t r Sit

th l hl I f111 I llt i

11t111 eSlt 1 111111 1 tt11 Ct Cicll I

l th Llt
Zrc

Thy CPI

c111EI L1eI
as sct

11tS t111C LI C 1 tl c1t c11vt i tl the Cl t111t Il1 11e d1

lt4CI i11iLl1

Ivrtll In the

1cs w 121 lt kc l1

les A Exa1nl f us rtts rn j

eliv ctober adjustnlcnt for CPI wllich is eff C1 OC is based or1 t11 O or lc t111s nfi rc prchallt for t11 n1o1 April OOS to April Ot T 1n1l if t11 CPI cv ir1 Ain Cu aild 1 i11 r Ct 2CE re 11r licrn i1 t pril a 1 caictil vittld lie
The lust
as

ws fcllc

1 2 is

U 1G

x d 10 divicl
rates from

by

Ct 10
to

OtI

crr

l 9 T11ill 1

lltti c C11111
to

cl appli to

t11

1libit E I
t11e

deternlin t11

e c1lan dui

t11

11g c11 in

CPI It i11 r v t s

9 1u

lshnenl adjr

for CPI would l l 5 lt 0 ct the CPI

cl acljust rafic
T11 cf

wcFtild be 11 111 41

54 4U

d l L1S1111ir11t 1d fol c11a11 in ftrcl costs is czlcttl by oin to t11C L s rtrncnt p c the cllang 111 cost f 1 Lower Ati rira 1r 11 llkic bsilc w tia1c1 d ray En rmu1i11 t

r fc t11

1 r1Crt pL

111

stion tx 1C No
2

wer cAtlantic PADD

Diesel Retail

Sales

by All Sellers Cents per Gallon

406 2Q07 t 2Q
If

S 2 7 1 2 330 3 5 7 33

Lr 5 S u1 7 35

1 7 ct a 16

3 4 7 b t

1 a

5 3 2c t

l Ci 7 5 53 5 0 caiJ t Cl1 b 3 33Q

i f 7 u

1c 11111 a t11 avr r tlt ra rf ir tE 1 1S C CCi1 CrP 7 l S 1 LlG SC 14 I1111S p11GNS f l r t Cllii I 11 Ct1iC I liClll Lr ciS r c fo din f 1 l cltCS 1litrae C t liC ur xlatloll C1111 1114 c1 dc Crf n Ci t11t ly
w use

the

1y cl S pcric R 00 t April

O f

1s c111

calctilatioil would b 10

l rG1cl nli i1L sid Cr P asp ral

I 0 0 r

For t11

01 t adjustzllwr 011 10
s re so

if t11 CPI

c nta rc 1n p c11

r w

Zi11

gild fuel

t11at t11 1 v 5 per c ra 7 rt0

rr1 quirill a I rd 111 r 1 upw

tiSh11e111 t1
fuel

t11

ln1c11ts adjLl

cvottld b 4 for CPI 5cM

5 11

nd

11 fur

1 lti 9 l ct side Esc Pats rf 1C 1 Corlkrc I

10

IlS li tt1 Zt11r S tom 71 U I t11E Ct1 the Cr11 l 4V11

2048 1011 CPI Calculation 2009 1011 101112010

Initial Rate
CPI

1094

94 10 54 C
0 9 4

48 11

Ut t1

ti O
9 4

CPI

justcLl st4 IP

94 10

48 11

1 04

Fuel Surcliar e Calculation CPI Rate 94 10

stccl Aclji

48 X11

04

Fuel

e ar Sur
0 2 O Z

CPI acid Fuel Rate

steci j A
94 1 X1 26 X11 15 X12

FUeI

Ct r rGllar i St pel aj t C ilta 11 i tltl

rate

Residential Bas

f 14

11

AMENDMENT N0 2TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED SEPTEMBER 20 2001

THIS AMENDMENT NO 2 to the Solid Waste and

Recycling
this

Collection

Franchise

Agreement

dated

September 20

2001 is made

day oC

of

J 2006 by City

and between the CITY OF DELRAY BEACH

the

and WASTE MANAGEMENT INC OF FLORIDA

WM

WITNESSETH

WHEREAS the
entered into
a

City

and BFI Waste

Systems

of North America

BFI
for the

Franchise

Agreement dated September 20 2001

and

to

provide
the

collection

of

solid

waste

recycling

materials

within

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
and other

with modifications to the term indemnification

provisions

provisions

and

WHEREAS

the

parties

desire to further amend the

Agreement days

to

expand

the collection of Curbside Residential Vegetative Waste to six for the collection of waste from

per week and

to

provide

public transportation

shelter

receptacles

and

NOW THEREFORE
herein and for other

in consideration of the covenants contained

good and
the

valuable

consideration
as

the

receipt

and

sufficiency

of which is

acknowledged

parties

agree

follows

The recitations set forth above

are

incorporated

herein

All

capitalized

terms

shall have the

meanings

set

forth in the

Agreement as amended
3 Section

unless the context

requires
is

otherwise

1 A 4 of

the

Agreement

hereby

amended to

provide
forth
on

that Curbside Residential

Vegetative

Waste collection shall

occur

as set

the attached Exhibit B to this amendment This modification shall be effective

October

2006

New Section 46 is added

46 least
once

City
a

Service and

Commencing July 1 2006

and Trash Exhibit

WM shall

collect

at

week

transportation shelter herein The City shall

Exhibit II service

dispose of Garbage receptacles listed on

pay Contractor

deposited in public A and incorporated

00 13 per

week This rate shall be

subject

to

Contractor shall bill the

adjustment City monthly

site per collection per pursuant to Section 6 and in

arrears

for such

This Amendment No 2

together

with the

original Agreement and

Agreement
between the

any written amendments

hereto

constitute the entire

parties relating
agreement

to

the

subject

matter hereof

It

is the final

expression rely

of

between the

parties thus

neither

party

shall be entitled to

upon

any

conflicting prior
6

oral

representations

assurances claims

or

disclaimers

made

either

to or simultaneous with

the execution of this Amendment

Except
written

as

expressly modified

in

writing

herein

or

as

modified

by

subsequent
Agreement

amendments all

other terms and conditions of the

original
and
are

and any amendments thereto survive

this Amendment

deemed to be

incorporated herein
WHEREOF

and

are

binding

on

the

parties

IN WITNESS

the

parties

have executed this Amendment to

the Solid Waste and

Recycling

Collection Franchise

Agreement

on

the

day

and

year first hereinabove written

ATTEST

CIT

u 1 C
City Clerk Approved
and
as to

By

legal form

iciency sunff
V

City Attorney

WITNESSES

WASTE

MANAGEMENT

INC

OF FLORIDA

G s

Isy

Casagrande

President

Na p e nted m ri
Name printed

or

typed Corporate Seal

6 t 15eri
or

typed

STATE OF COUNTY

1
The

U ZD OF N
foregoing
instrument 200
was

day
fir C

of

Yh V f1D R 9 4 T i3

acknowledged before
or

me

this Ti
as

Dtc RA NS1 by Nl C agent

title of officer
or

name of officer

agent

of

name 5R1D14 4 Iy IY1191JAti of corporation I

D1R S1Zl i corporation

acknowledging a state or place of incorporation corporation on behalf of the She He is personally known to me or has produced type of identification as identification

d
Signature
Name of Person T

ng Acknowledgment
or

Typed

Printed

Stamped

rcaaaioR
EXPIRES

oo

w 4

January 29 4010

Baodk TYUB MNnaySmiao

EXHIBIT A

DELRAY BEACH PROPOSED BUS SHELTER LOCATIONS

SHELTER 1
2 3 4 5

LOCATED ON Swinton Avenue

INTERSECTION
Atlantic Avenue

QUADRANT NE SE SE
NW

STOP
6452

Congress

Avenue

Lakelda Road

790 7316 7617 7619

7677 7111

Lakelda Road
NE 1st Street

Congress Avenue
NE 5th Avenue NW 1st Avenue
SW 2nd Avenue

West Atlantic Avenue

West Atlantic Avenue

NW
SW

6
7 8 9

SW 12th Avenue SW 12th Avenue West Atlantic Avenue

N Swinton Avenue

SW 4th Street Auburn Drive

NW SW
SE

7112 7429
6358 7342 6374

Whatley Rd Delray Square Opp

Lake Ida Road

10 11
12 13

SW NW SE SW SW SW
NE

Lindell Boulevard SW 10th Street NW 5th Avenue SW 5th Avenue SE 5th Avenue US1
SE 6th Avenue

Egret Circle Congress Avenue

NW 2nd St MLK Dr West Atlantic Avenue Atlantic Avenue SE 1st Street
SW 11th Terrace

7323
7324

14
15

210 7681
6437 6447 7673 7622

16 17
18 19 20 21

US1

SW 10th Street Swinton Avenue

West Atlantic Avenue

SE NE
SE

SE 10th Street
SW 10th Avenue

West Atlantic Avenue SW 10th Street SE 5th Avenue US1 Federal Hwy US 1 Federal Hwy US 1

NW 8th Avenue SW 10th Avenue

SE 10th Street

NW
NE SW

6529
215 217 286 782 1155 1150

22 23
24 25

Banyan

Tree Lane

SW
NE

Linton Blvd Linton Blvd

26
27

Congress Avenue So Military Trail So Military Trail

Lowson Boulevard

NE NE NE SE SW
NW

28
29

Delray West Plaza Ent Bocaray Plaza Ent Pines of Delray Ent
ood Sherv Forest Dr Sunset Pine Drive
West Atlantic Avenue

6372
7301 7404

West Atlantic Avenue

West Atlantic Avenue

30
31

Barwick Road

NE
NW NE

7302 a n 917
785 1117 287 7338

32 33
34 35

Congress Avenue Congress Avenue Congress Avenue

S Military Trail
Federal

Congress

Park Ent

PBC Healt

Dept

SW 10th Street
Mart Wal Ent

SE
SW NE

36
37 38

Hwy US 1
Avenue

Harbourside Dr
Audobon Blvd

NW Lindell Blvd

NW NE
NE NE NE SW NE

Congress

2101 Lindell Blvd

NE 5th Street Auburn Drive SW 11rh Street

780 281
295 7103 7407

Federal Hwy US 1
40 41 42 43 44 45 N Swinton Avenue Auburn Avenue

SW 10th Avenue
SW 10th Avenue

SW 11Th Street Lindell Blvd Linton Blvd Lake Delray Apts Dotterel Road

7421
7362

SW 10th Avenue SW 10th Avenue

Lindell Boulevard

NE SE NW NE

7344
7423 7339

46
47

Lindell Boulevard

CITY OF DELRAY BEACH FLORIDA

Residential Curbside Rear Side Door Bulk Trash

SEE REVERSE SIDE

3 ib x1 Au l

F7egular Garbage Recycling

Information
Please visit
our

Vegetative
7219 243

Waste Collection

Collection Problems

Days 561

Code Enforcement Division website at

com mydelraybeach www

L30 CANAL

O
IBA
ruw is

O
BUSH

V V ATLANTIC SW
9V0

O
W S 10TH ST

m
3
41

3
h

BLVD

O
AREA GARBAGE TUESDAY TUESDAY FRDAV REGULAR GARBAGE MONDAY THURSDAY TUESDAY
8 FRIDAY TUESDAY TUESDAY FRIDAY FRIDAY

RECYCLING

BULK TRASH

VEGETATNE TRASH

O 2O O O

MONDAY

MONDAY

0
z O

SERVICE TYPES

N
I
ONE MILE

FRIDAY MONDAY 8 THURSDAY

WEDNESDAY

CURB S DE CITY ROLLCART CURB SIDE

C PAST BAG

THURSDAY

THURSDAY

THURSDAY

W
J
O

C GRAPH SCALE

WEDNESDAY
SATURDAY WEDNESDAY

SATURDAY

SATURDAY

CITYOF OELRAY

BEACH

FL

DE REARS DOOR OWNER CONTAINER

PLANNING B ZONING DEPARTMENT SEPTEMBER 1008

SATURDAY SATURDAY

WEDNESDAY

WEDNESDAY

SEE REVERSE SIDE

OMaRAl fl45E MAPSYSTEM

AMENDMENT NO 1 TO SOLID WASTE AND RECYCLING COLLECTION FRANCHISE AGREEMENT DATED SEPTEMBER 20 2001 1 to the Solid Waste and

THIS AMENDMENT NO

Recycling Collection
this

Franchise

Agreement

dated

September 20

2001

is

made

day

of

S
and WASTE

2003

by

and between the CITY OF DELRAY BEACH

the City

MANAGEMENT

INC OF FLORIDA

WM

WITNESSETH

WHEREAS
into
a

the

City and

BFI Waste

Systems

ofNorth America

BFI

entered

Franchise

Agreement

dated

September 20 2001 City

and

to

provide

for the collection of

solid waste and

recycling

materials within the

WHEREAS

WM is in the process of

purchasing

certain assets of

BFI

which

include the franchise agreement with the

City

and

WHEREAS 2003
and

this

purchase

is

anticipated

to close

during

the month of

October

WHEREAS requires

Section 37 of the Franchise

Agreement
and

between the

City

and BFI

that BFI obtain

City approval

for the

assignment
in

WHEREAS the

City is currently engaged

debris
and

litigation regarding

the

franchising

ofconstruction and demolition

WHEREAS
and

WM has in the past sued the

City regarding

the franchise agreement

WHEREAS
defend the

as

set forth

herein

WM shall agree to

indemnify
the

hold harmless and

City regarding

the current

litigation brought against

debris
and

City regarding

the

franchising

of construction and demolition

Al u D SCPNN

WHEREAS
for

WM

apologizes

and the

City Commission accepts

not

s WM

apology

filing

suit

previously when

its franchise

was

renewed

and

WHEREAS
ofthis

the franchise

agreement

is

hereby

amended to

provide

that the term

Agreement

shall

begin October 1 2003

agreement
on

and

WHEREAS

the franchise

is further

amended to

provide

that the

pickup times

for residential service

Saturdays

shall be

no

earlier than 7 aand 00 m of

WHEREAS
certain assets ofBFI

this amendment shall be of no force and effect if the

purchase

by WM

fails to close

NOW THEREFORE
1

the

parties

agree

as

follows

The recitations set forth above

are

incorporated
is

herein

The

Agreement

dated

September 20 2001

hereby

amended to

provide by

that the

City

consents to the

purchase

of certain assets of BFI Inc of North America

Waste

Management
3

Inc ofFlorida is

Section 1 Term of the

Agreement 1

hereby amended

to

provide

that the

term of the

Agreement shall begin

one

on

October

2003 and

expire on September 30 approval

ofboth parties

2008

and shall also be renewable for

five year term upon the the

WM agrees to take

over

complete regard

defense of the

City

and

indemnify

defend and hold harmless the

City

with

the

pending

lawsuit in federal court

captioned

Southern Waste

Systems

LLC

City of Delray

Beach and BFI Waste

Systems
of

of

North

America

Case No 03 80003

including

but not limited to the

payment

attorney fees and

any

costs at the trial and

appellate

levels

WM shall not be

required

to pay

damages

to

the

City

under the indemnification and hold harmless

provisions
or

provided however

WM shall pay all compensatory

damages but not punitive special

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 between the

agreement
of

parties

or

the

applicable

ordinances

concerning

the

franchising
law

construction and demolition debris violates any statute constitution agree to amend any and

or

then WM

shall

voluntarily

portion

of the franchise agreement to

comply

with

s the Court

ruling

hereby voluntarily adopt

consents to the

adoption

of a revised ordinance

that the

City
5

deems it needs to

to be in

compliance
to the

with the Court order

WM further agrees that breach

or

prior
by

filing

of any claim

or

lawsuit

against
it shall

the

City

based upon

default

the

City
or

under franchise

agreement

notify

the

City

within 30

days

of the action

inaction

giving

rise to the claim

or

lawsuit

WM shall not claim any

damages against claim

the

City greater

than 30

days prior

to

its notification

Once WM files its

WM shall then have 90

days

in which to file

lawsuit

or

legal

action in

court of law

against
or

the

City or it
sue

shall forever be barred from

doing so
or cause

WM shall not

attempt

to sue

threaten to

and shall not sue for any claim is not renewed

of action if the

City

Solid Waste Collection franchise

agreement
lawsuit
or

or

otherwise extended

Moreover

WM shall not file

claim

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

claim

or

lawsuit based upon the failure ofthe

City to pay the only

arrearages after the

expiration or non

renewal ofthe franchise agreement and

for the amounts that

are

consistent with the

payments made

during

the last 3 months ofthe franchise

agreement

Section

E 4

Hours

of Collection amended to

and

Section

E 5

Hours

of

Collection of the

Agreement

are

hereby

provide

that curbside residential

solid waste collection service and residential

recycling

collection service shall not

begin

prior

to 7 a 00 m on

Saturdays

All other times and conditions shall remain the

same

This Amendment

together

with the

original Agreement
the

and any written

to the

amendments

hereto

constitute the entire

Agreement between

parties relating

subject
neither

matter hereof

It is the final

expression

of agreement between the

parties thus
assurances

party
or

shall be entitled to

rely upon any conflicting oral representations prior

to
or

claims

disclaimers

made either

simultaneous with the execution of this

Amendment in herein modified

Except

as

expressly

modified

writing

or

as

by

subsequent

written amendments all other terms and conditions of the

original Agreement incorporated

and any amendments thereto survive this Amendment and herein and

are

deemed to be

are

binding

on

the

parties
the

IN WITNESS

WHEREOF

parties

have executed this Amendment to the

Solid Waste and

Recycling

Collection Franchise

Agreement

on

the

day

and year first

hereinabove written

AT

ST

CITY OF DELLtAY

ACH

FLORIDA

BY

City Clerk
Approved as to legal sufficiency
form

J Pei

man Mayor

nd a
K

City Attorney

WASTE MANAGEMENT INC OF FLORIDA

By
Harold

Carter

District

Manager

or

typed

Name printed r typed

STATE OF

q cl F1Q

COUNTY OF

h r1 R
S

The
Qom

foregoing

instrument

was

acknowledged
v A
or

before
ter

me

this

day of
as or

2003
e

by
name

C
agent

ts7

of officer

title of officer

e yae e l cr IY

corporation

name of corporation state or place of incorporation corporation She He is personally known to me or type of identification as identification
n7

agent acknowledging
on

of
a

behalf of the

has

produced

alt ign S 1 t
l

of Perso
n
L

aking Acknowledgment
r1 or

fi

Name

Typed

Printed

Stamped

Commission Ue o c 5AQ6 Expires March

ql Q

f Catherine

nes B j
D89221 DI7

ia

Z SOIld2 ru

G Q O ii At12IltiC BOIldtII i