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HomeMy WebLinkAboutHandouts_Workshop_Ex 03_08/14/2007f ~~A9 ~~ ~r~E~~~ i~©i~~ ~A~~ ~eui~E~., ~?leri~~~ ~~~~~ (~l2) ~~~=~7'8Q ~~g~~~ l~r ~QQ~ Vill~g~ Man~g~~ ~/ill~g~ ~~ ~~~~~5~~ ~~~ ~~~~~~~~ ~~iv ~'~~~~~~~, ~I®ri~~ ~~4~9 ~~: SQii~ VV~~te ar~~ ~~~y~l~bi~ ~Qll~~i~n S~rvf~~~ 4~gr-~~r~~n~ [~~.~~~ ~~~ ~C~~~?9 T~-~r~k y4~ fer ~~t~ ~pp~r~~ni~y ~e n~g~~i~t~ tl~~ ~ib~v~ r~f~r-~n~~~ ~gr~~m~~~ in ~n ~ffQ~ ~@ pr~QVid~ ~h~ r~~~id~~~~ ~f ~~~ Yill~g~ Qf T~~~~~~~ ~ ~~r~~~~r-~~~i~~ ~~~i~~ pa~k~g~ ~~~~ ~~~~r~~ ~Qr~tin~,i~ ~r~~ ~ S~~~I~~~ ~~t-~r~~ion Qf ~~i~ ~~~m, whip pr0vi~i~g ~pm~~~l~iv~ ~~~ ~~rr~p~rabl~ ~ri~ir~g~ P~r~~~~~ ~Q y~~!~ ~~~~~~~ ~r~d ~~ ~ r-~s~al~ Q~ n~r~~rQ~~ r~~~~ir~g~ ~~~ ~i~~~~~iQn~, ~ ~~ ~I~~~~~ ~e ~rQ~ri~~ the fQllowir~g ~~ pr~i~ing ~~~ipn~ fpr yp~r- fn~l review ~n~ ~~~r~cii ~~n~i~~r~~i~n The de~~rip~i~ns 4~ ~~ie r-~te~ are ~~ fpliew~ A~P~'~~~ ~~~i~~~~i~i ~Qllee~i~n ~ervi~e~ f ~ ~ir~~~ der week g~rbege, ~ ~irt~e~ der week y~r~ w~s~e ~i~s bulk, ~ ~i~~ Rer- week r-e~y~i~ble ~p!l~~~i~r~ ~ervi~e) ~r~~~~~~ der- ~~i~ ~~~ r~~~~h ~a~t~ 2007c200~ To~~l $~~e~~* ~ ~~ hemmer-eial ~4ile~tien aervi~es ~ei~t~e ~~~~~ (~~bi~ yard) Eelie~tier~ pf ~ontai~eri~e~ ~QIiL~ v~a~te grQ~~~e~ per- ~~~i~ yard ~o5t, e~~l~siv~ of ~i~~e~al; Total 2®~~-200 ~~o~~ i~piheff ~eile~tiQn ~ervi~ee ~er~taineri~e~ ~plle~tiQr~ of solid ~ra~te ~tili~it~gr-eil=off ~C~I~tainer~ rar~gir~g i~ size €rpm 10=~~ c~~i~ yar-~~ der pi~I~~P pi~5 ~i~PQ~aI ~rePe~e~ ~~~~ Tetai $22~~Q0 The a~iQVe rated are r-efleetive ~~ the i~er-ea~e~ ~Q~t of ~taei aid i'~ei related prQdy~t~ aiQr~g v~ith repiaeerr~e~t vehi~ie~, steel i'er repair, er~gir~e emission ~tar~dard~, ia~or and inSJran~es, ~~~~ that nave opt payed the ~ons~r~er- Prue ~nt~ex For- the ~~~~ ~ year~~ *The propgsed residential pr-ire of ~11~1~ for the f--rat year Qf the agreement ~vilf he ad~~sted e2Q in the 5e~ond year only plus API as stipulated in the escalation provision. ~~~~~ R~~~i~~n~i~l ~a!l~~~l~n ~~rui~~~ (~ tirn~~ per w~~k g~r~~g~, ~ ~lrt~~~ per- w~~k y~r~ w~~~~ pl~~ ~~Il~, 1 ~lrt~~ ~~r ~~~~ re~Y~l~~l~ cQ!l~~~i~n s~rvle~) pr~~0~~~ ~~r ~ani~ per r~Qr~~h ~~~~~ 200~'~200~ T~~~I ~~~~2~ ~~r~m~r~i~! ~QIl~~~iQr~ ~~r~i~~~ ~(01l~fYl~ ~~~~d (~~~lE ~~r~) ~~Il~~~lan ~f ~c~r~~~in~rl~~~ ~~!!~ ~~~~~ pr~p~~~d der ~~a~i~ Yard ~~~~~ ~x~l~~iv~ Qf ~i~~~~~1~ ~Q~~! $~P25 ~QlI=aff ~~Il~~~lOn ~~r~i~~~ Con~~lr~~r!?~~ e~!l~~~lQr~ Q~ sp!!~ w~~~~ ~~ili~ir~g r~llnQf~ ~Q~~~ir~~r~ r~~ging in ~i~~ rem 1p~~0 ~~~ie y~r~~ per p!~lc~~ pl~~ ~i~pQ~~! pr~~~~~d ~~~~~ 2007~200~ c["~~~I ~h~ ~~Qv~ r~t~~ are r~fl~~~ly~ of ~h~ ir~~r~~~~d ~~~~ of f~~! ~~~ ~~~! r~l~~~~ prQ~i~~~~ ~l~r~g ~i~~ r~~i~~~r~~n~ v~hi~l~~~ ~~~~I ~Qr r~~a~ir~, ~~1glC~~ ~~i~~i~~ ~~~r~~~r~~, l~~~r- ~~~ in~~ran~~~, ~~~s ~~~~ h~v~ ~~a~ ~~~~~ ~~~ ~~n~~r~~r l~ri~~ ~~~~~ fir- ~~~ ~~~~ ~ ~~~ r~ e ~~~ p~~pQ~~~ ~~n~r~~~ I~r~g~~g~ r~pdi~e~~ip~~ pr~~fi~~ fpr-e ~ ~ y~~r ~~~~i~~ pf the ~~rr~; ~e~~inu~n~~ Qi= ~~~ ~~i~~ing I~v~l~ ~f ~~r~i~~{ ® E~~r'g~[~~y r~~gQr~~~ ~~~ ~~ppor~, ® ~~~~i~ ~~rvi~~ ~~ M~ar~i~i~~l ~~eiii~i~5~ ~~~I ~®~~ ~~~~la~~r ~Q ~r~v~r~~ "E~~~11=~~„ r~~~ ~~j~~tm~~~ end ~~~~~~I "~I.~~~1=up" Vii= Q~a~d~~~d prQVi~ipn~. ~4g~ir~~ ~h~nk Y~~! fQr- ~~e ~ppor~~~i~y iQ di~~~~~ ~~~ Vill~g~`~ ~~Il~~~i~n n~~~~ ~~~ ~ IQQk f~rww~~d ~e ~1~~li~ing r~~gQ~i~~io~~ ~~ Ye~!~ ~~~li~~~ eot~~~r~i~n~~~ ~~~p~~f~lly~ ~~ ~ ~ - ,~~ ~' Public ~~~~r- ~i~~~~~r- ~~, ~~aig ~h~i SOLID WASTE AND RECYCLABLE COLLECTION SERVICES AGREEMENT BETWEEN THE VILLAGE OF TEQUESTA AND ~AJ~-ice!-! C~-L~ SAN IT~~u~~J-= W~"~S~E M a ~i a r`~~~T Waste Management, Inc. of Florida TABLE OF CONTENTS ARTICLE I GENERAL INFORMATION 1 . Grant of Franchise ~ 1 . LIAISON BETWEEN VILLAGE AND CONTRACTOR 1 1 .l Filing of Commercial Fee Rate Schedule 1 2. COMMENCEMENT OF WORK 1 3. TERM 2 4. DEFINITION OF TERMS 2 ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR -REFUSE COLLECTION 5. DESCRIPTION OF THE WORK 6 5.4 Protection of Adjacent Property -and Utilities 7 5.5 Spillage 7 5.6 Designated Facility 7 6. RESIDENTIAL COLLECTION SERVICE 7 6.1.1 Frequency of Collection g 6.1.2 Hours of Collection g 6.1.3 Point of Pickup of Residential Refuse 8 6.1.4 Receptacles g 6.1.5 Method of Collection of Residential Refuse 9 6.1.6 Vacant Lots 9 6.1.7 Bulk Trash q 7. COMMERCIAL COLLECTION SERVICE 9 7.1.1 Frequency of Collection 1 p 7.1.2 Point of Pickup of Commercial Refuse 10 7.1.3 Commercial Receptacles 1 p 7.1.4 Method of Collection of Commercial Refuse 10 8. MUNICIPAL COLLECTION SERVICE 10 8.2 Special Events 1 1 9. SCHEDULE AND ROUTES 1 1 9.3 Storm 12 9.4 Holidays ~ 2 10. COLLECTION EQUIPMENT 12 1 1. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL WASTE AND SLUDGE 13 ARTICLE 111 SERVICES TO BE PERFORMED BY THE CONTRACTOR -RECYCLING 12. DESCRIPTION OF THE WORK 13 12.2 Frequency of Collection 14 12.3 Hours of Collection 14 12.4 Point of Pickup of Recyclable Materials 14 12.5 Receptacles 14 12.6 Method of Collection of Recyclable Materials 15 12.7 Schedules and Routes 15 12.8 Monitoring Records 16 12.9 Equipment ~ b 12.10 Holidays 16 13. PROM OTION: PUBLIC RELATIONS AND EDUCATION 17 ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR-VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK 17 14.2 Frequency of Collection 17 14.3 Hours of Collection 17 14.4 Point of Pickup of Vegetative Waste 17 14.5 Preparation of Vegetative Waste for Collection 18 14.6 Method of Collection of Vegetative Waste 18 14.7 Routes 18 14.8 Equipment 18 14.9 Holidays 19 ARTICLE V QUALITY OF SERVICE 15. CONTRACTOR'S PERSONNEL 19 15.1 Contractor's Officer(s) 19 15.2 Dangerous Animals and Refuse Collection 19 15.3 Conduct of Employees 19 15.4 Employee Uniform Regulations 20 15.5 Compliance with State, Federal and Municipal Law 20 15.6 Fair Labor Standards Act 20 15.7 Other Employee Benefits 20 16. CONT RACTOR'S OFFICE 21 16.2 Notification to Customers 21 ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE 17. PAYMENT AND BILLING 21 17.1 Compensation 21 17.2 Billing Procedures 21 17.3 Disposal Costs 22 17.4 Unusual Changes or Costs 23 17.5 Consumer Price Index Adjustment 23 17.6 Level and Type of Service for Collection of Other Wastes 24 17.7 Other Considerations 24 ARTICLE VII CONTRACT PERFORMANCE/PENALTIES/DEFAULT 18. CONTRACT PERFORMANCE 25 19. COOPERATION/COORDINATION 25 20. COMPLAINTS AND COMPLAINT RESOLUTION 26 20.1 Office 26 20.2 Complaints 26 20.3 Disputes About Collection of Certain Items 26 21. DEFAULT AND DISPUTE OF THE AGREEMENT 27 22. RIGHT TO REQUIRE PERFORMANCE 29 ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES 30 24. TITLE TO WASTE 30 25. FRANCHISE FEES 30 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL 30 27. BONDS AND SURETIES 30 27.1 Performance Bond 31 27.2 Requirements as to Surety 31 28. INSURANCE REQUIREMENTS 31 28.1 Contractor Insurance 31 28.1.2 Worker's Compensation 31 28.1.3 Comprehensive General Liability 32 28.1.4 Business Automobile Policy 32 28.1.5 Umbrella Liability 32 28.2 Certificate of Insurance 32 29. COMPLIANCE WITH LAWS AND REGULATIONS 33 30. INDEMNIFICATION 33 31. BOOKS AND RECORDS 33 32. NOTICES 34 33. TERMINATION 34 34. WAIVER 34 35. GOVERNING LAW 34 36. SEVERABILITY 34 37. ENTIRE AGREEMENT 34 EXHIBIT I -MUNICIPAL COLLECTION AND DISPOSAL SERVICES 36 EXHIBIT II -REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION RATES 36-38 REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION AGREEMENT THIS AGREEMENT ("Agreement") is made as of this day of 2007, by and between the Village of Tequesta, Florida, hereinafter referred to as "Village", and td+c-fools S~.aita#-ion, ,~,c. ~f N:,`~e-~- d, a '~~~~~;~ -of W-a~te ~~ar-+r~F}err~cr~t;--t~~c--et---Ff~c~~ Waste Mar~c~-aerrient, Inc. of Florida, hereinafter referred to as "Contractor", with its principal place of business at 7700 S.E. Bridge Road, Hobe Sound, Florida 33455. WHEREAS, the Village has authorized negotiation of the restatement and extension of the existing refuse collection agreement that is scheduled to terminate Sept{:n=~~e~3~--1 ~`?g_S~r~tem~~r 30, 2007. NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein contained, the parties agree as follows: ARTICLE I GENERAL INFORMATION 1. GRANT OF FRANCHISE Tl~~e Village i~~erebv renews its _~rar~t to th~___Contracior__~f tf~e exclusive franchise ("Franchise") for the solid waste collection of residential, commercial, industrial and roll-vff refuse, recycling and vegetative waste as sr~ecified herein, but excluding the collection of special waste, hazardous waste, bio-hazardous waste, biological waste and sludges. LIAISON BETWEEN VILLAGE AND CONTRACTOR All dealings, contracts, notice and payments between the Contractor and the Village shall be directed by the Contractor to the Village Manager or his/her designee. l .l Filing of Commercial Fee Rate Schedule The Contractor shall file a Commercial Fee Rate Schedule (Exf~~ibit III) which shall be continuously maintained in the office of the Village for inspection. The initial commercial Fee Rate Schedule shall be filed with the Village Manager a minimum of seven days prior to the effective date hereof, and any subsequent amendments thereto shall be filed with the Village Manager a minimum of 15 days prior to the effective date of such amendment. 2. COMMENCEMENT OF WORK The work outlined in these specifications shall commence on ~c-t~e~--#, ~-`~-`~ October 1, 2007. 3. TERM 3.1 The term of the Contract shall be for a period of eight years beginning 4c:t~k~ef--t-,~-~g9-<~r-~d-torrnir~<~ti-rag-Se~~#e+~~k~r-30;~~07 October 1, 2012. 3.2 The Contract may be renewed by mutual agreement for additional five (5) year periods. The Contractor must notify the Village of its desire to extend the contract on or before February 1, 2007. The Village will respond to the request for extension no later than April 1, 2007. 4. DEFINITION OF TERMS 4.1 Authorized Representative: Shall mean the employee or employees designated in writing by the Village Manager to represent the Village in the administration and supervision of the Contract. 4.2 Biohazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the Department of Health and Rehabilitative Services represent a significant risk of infection to persons outside the generating facility. 4.3 Bioloaical Waste: Shall mean solid waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biohazardous waste, diseased or dead animals, and other waste capable of transmitting pathogens to humans or animals. 4.4 Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, freezers, ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, minor 3 "do it yourself" projects construction debris--(-up to 1 cu~a~verd-per week ), and furniture and all of the above shall not be commingled with Vegetative Waste. 4.5 Village: Village of Tequesta, Florida. 4.6 Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a Designated Facility. 4.7 Commercial Service: Shall herein refer to the service provided to business establishments, churches, schools, rem-tal apo~-~+ti (far pre#i-~-ap~rtrr~~t k~u~fc~~r~{~-s--cc~r~ta~r~+r-~--f~u~ {~}---car--~~<3re aivrr~e~--Uri+~s care cac~ssit+ed-cis cc~r~~r-~~erc~+~l a-F-~t~ritsj, office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, r,:~pplyi~^ '^~'-~ ^~~ '^^~ir,.g ;-,-,~~isms fir-eont^~~ List of charges in the rate schedule, and other services required for the proper maintenance of containers. Commercial Service includes Roll-off --Collection Service. 4.8 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the definition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture, appliances, car parts, and all other accumulations not included within the definition of garbage and shall be included in the service if properly containerized. Commercial trash shall not include Special Waste. 4.9 Construction and Demolition Debris: Shall mean materials defined as such from time to time by the Department and Chapter 17-7, F.A.C.--~4~~+#iera-aI 4a-r~a~ u-a a t o b o p ro~i~ed-1 4.10 Contract or Agreement: The Contract executed by the Village and the Contractor for the performance of the work. 4.11 Contractor--er Ver~~er: Shall mean Waste Management, Enc. of Florida ar~d its officers, agents, employees and subcontractors, with whom the Village has entered into an agreement to provide fhe services described herein. Tie person, -ftrr~~--F~<>r~ra-tiers, vr-gar~izatfo+~--~~r-~c~er~~~~/ with ~.~~m th:.~ \~iI!a~}e---bias ~YQ!"`~ in}/"~ .. .-~ ~~ ~~ -~° f~Y1l~!"'_n ~' ~ Jar !'~.~ ort~~~ an af~~ee~~nt t~ pr.: ~i.~L tl,~~~-,~..~ d ~~.ib.._. ~e-resin: 4 4.12 Department: Shall mean the Florida Department of Environmental Protection. 4.13 Designated Facility: Shall mean a disposal processing, recovery, recycling or transfer facility designated by the Village Manager. 4.14 Disposal Costs: Shall mean the "tipping fees", landfill costs or processing fees charged to the Contractor by others for disposal of the waste collected by the Contractor. 4.15 Garbage: Shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative Waste shall not be commingled with Garbage in the same collection. Garbage shall not include any material that falls within the definition of Special Waste. 4.16 Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of anon-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight, unless designated by Contractor for special handling or Contractor provided receptacle (mobile cart) in which case, capacity and weight will be volume-based. 4.17 Hazardous Waste: Shall mean solid waste as defined by the State of Florida Department of Environmental Regulation as a hazardous waste in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law. au~~o bo br~+d-ed?- 4.18 Industrial Wastes: Industrial wastes are not included in the scope of this contract unless considered regular solid waste. 4.19 Loose Refuse: Refuse which is collected from the ground is considered loose refuse. 4.20 Mechanical Container: Shall mean and include any detachable metal container designed or intended to be mechanically dumped into a loader/packer type of garbage truck used by the Contractor. 5 4.21 Multiple Dwelling Units: Shall mean any building containing four (4) or more permanent living units, not including motels and hotels. 4.22 Performance and Payment Bond: Shall mean the form of security approved by the Village and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract. 4.23 Recyclable Materials: Shall mean newspapers (including inserts), magazines and catalogs, aluminum cans, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated cardboard, brown paper bags, mixed paper (magazines, phone books, office paper, etc.), drink boxes, milk and juice cartons, and other solid waste materials added upon Agreement between the Village and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. The Village reserves the right to modify the types of materials collected by the Contractor and the point of delivery for processing. 4.24 Recycling: Shall mean any process by which solid waste, or materials which otherwise become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products, as defined by the State of Florida D.E.P. Chapter 17-7, F.A.C. 4.25 Rolloff Collection Service: Shall mean the Collection of Refuse, Construction and Demolition Debris using rolloff containers, or the Collection of Construction and Demolition Debris by other mechanical means from locations within the Village. 4.26 Refuse: Shall mean commercial/industrial trash, household trash and garbage or a combination of mixture of commercial trash, household trash and garbage, plus construction/demolition material. 4.27 Refuse Regulations: Shall herein refer to regulations prescribed by the Village together with such administrative rules, regulations and procedures as may be established for the purpose of carrying out or making effective the provision of this contract. 4.28 Residential Service: Shall herein refer to the refuse, recycling and vegetative waste collection service provided to single family and multi-family 6 residences occupying residential dwelling units within the Village who are not receiving commercial service. 4.29 4.2`x- ---Sludae: Includes the accumulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. The definition of the term "sludae" sr~all be amended upon anv amendment of that term as it is defined ire Ser~tirar~ 403.703,F.S., as amended from time to time. 4.30 Solid Waste: "Solid Waste" means aarbaae, rubbish, refuse, Special Waste, and other r~iscarded materials, lout Drily to the exter;t such r~r~aterials are of the type and cor~sistencv that n~av be lawfully accepted at the designated disposal facility under ar~r~licable law. 4.30 Special Waste: Shall mean solid wastes that require special handling and management, and which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, asbestos, whole tires, used oil, lead-acid batteries, and Bio_hazardous wastes. The definition of the term "special waste" shall be amended upon anv amendment of that terra as it is defined in Section 403.703,F.S., as amended farm time to time. 4.31 Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper boxes and containers, sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than Garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include Vegetative Waste. 4.32 Uniform Level of Service: Shall mean any and all garbage and trash, whether commercial or residential, which conforms to the preparation and storage requirements of this contract, and is collected in accordance with Village approved schedule. 4.33 Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping maintenance and shall include materials such as tree and shrub materials, grass clippings, palm fronds, Christmas trees, tree branches and similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Residents must bag or containerize all grass clippings, leaves, pine 7 needles, and similar small loose items. Large Vegetative Waste items must be not more than six (6) feet in length or fifty (50) pounds in weight, and shalt be placed neatly at the curb to comply for regular scheduled collection. ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR -REFUSE COLLECTION 5. DESCRIPTION OF WORK 5.1 The Contractor shall provide Refuse collection services within the Village Limits of Tequesta. The Contractor shall have the exclusive right to provide Refuse and contruction and demolition debris collection Scrvi~servicee in the Village in accordance with the Terms herein. 5.2 The Contractor is aware of the requirements of the Florida Solid Waste Management Act and other applicable federal and state laws, and is responsible for determining the impact of such legislation on its operation. 5.3 The Contractor shall provide, at his own expense, all labor, insurance, supervision, machinery and equipment, plant building, trucks and any other tools, equipment, accessories and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 Protection of Adjacent Property and Utilities. The Contractor shall conduct his work in such a manner as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the owner any breakage or damage caused by its operation. 5.5 Spillage. The Contractor shall not litter or cause any spillage to occur upon the premises or the rights-of-way wherein the collection shall occur. During hauling, all refuse shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 5.6 Designated Facility. All Refuse, Recyclable Materials and Vegetative Waste shall be hauled to a designated facility as directed in writing by the Village Manager and disposed of at those facilities at the expense of the 8 Contractor. If Recyclable Materials incur a cost to dispose the contractor may request compensation from the Village Manager. 6. RESIDENTIAL COLLECTION SERVICE 6.1 The Contractor shall have the exclusive right to and shall collect and dispose of all Refuse, except Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste and Sludge, from all single family homes, multiple dwelling units and individual mobile homes. Mobile home parks will be serviced as residential units. In addition, the Contractor can offer "Back Door" or other enhanced services to residents fora negotiated fee. Those handicapped residents who have submitted a physicians certificate of their disability and which has been accepted by the Village, will be provided back door service at no charge. 6.1.1 Freauencv of Collection. The Contractor shall collect refuse from places of residence within the Village at least two (2) times per week, with collections at least three (3) days apart. The Village shall approve all proposed changes to collection days prior to Contractor implementation. 6.1.2 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock a.m., and shall cease no later than 7:00 o'clock p.m. The hours of collection may be extended provided the Contractor has received prior approval from the Village Manager, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. No collection shall occur on Sundays or holidays (referenced in 9.4) except in time of emergency, and with the Village Manager's prior approval. 6.1 .3 Point of Pickup of Residential Refuse. Collections of residential refuse shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the Village Manager or his/her designee shall designate the location. Nothing in this section shall require the Contractor to remove waste resulting from construction activity or the clearance of vacant lots, except as further required in Section 6.1.6. For those residents who, by reason of their disability, certified by a doctor and approved by the Village, are unable to place garbage receptacles at the curb, collection will be from the rear door or other accessible location adjacent to the residence, and shall be replaced when empty. 6.1.4 Receptacles. The Contractor shall be required to pick up all garbage, trash and bulk trash generated from residential units which have been properly prepared and stored for collection as follows: All garbage shall be placed in a garbage can or in such other proper disposal bag or cart and shall be placed at curbside (within 6 feet of roadway) or at such other single collection point as may be agreed upon by the Contractor and the customer. Usual household trash shall either be placed in containers where it shall be collected in the same manner as garbage or piled at curbside. Non- containerized trash shall be collected providing that it does not exceed six (6) feet in length or fifty (50) pounds in weight for any piece or segment of such materials. Containerized Multiple Dwelling Units (dwellings containing four (4) or more units under a single roof) serviced by Mechanical Containers shall containerize all Garbage and Trash. Bulk Trash shall be collected at a designated site agreed to by the Contractor and the customer and approved by the Village. Containerized Services shall include the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container location, sl~.~ing Inc-ks and IocL-,~;~;g unis~s List of charges in the rate schedule, and other services required for proper maintenance of containers. 6.1.5 Method of Collection of Residential Refuse. The Contractor shall make collections with a minimum of noise and disturbances to the householder. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor to garbage receptacles, the Contractor shall be responsible for the timely repair or replacement of said receptacles within seven (7) days at no cost to the customer. The replacement must be similar in style, material, quality and 10 capacity. Throwing of any garbage can, container, or recycling container is prohibited. 6.1.6 Vacant Lots. The Contractor shall also collect household trash, and garden and yard trash generated by normal maintenance activities from the Swale or right-of-way of vacant lots in residentially developed neighborhoods at no additional charge. It will not be the responsibility of the Contractor to remove waste resulting from clearing property for building purposes, or materials deposited by subcontractors. 6.1.7 Bulk Trash. The Contractor shall collect bulk trash from residents not more than once per week. 7. COMMERCIAL COLLECTION SERVICE 7.1 The Contractor shall have the exclusive right to and shall collect and dispose of all Refuse and solid waste as defined in F.A.C. 62-701.200 et seq., except Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste and Sludge, from or generated by any commercial or industrial use, and any use not contained within residential services. Contractor's exclusivity regarding Commercial Service shall include Rolloff Collection Service for all solid waste as so defined above and recyclables. 7.1.1 Freauencv of Collection. Commercial containers shall be collected frequently enough to prevent them from becoming overloaded. Collection shall begin no earlier than six o'clock (6:00) a.m. and shall cease no later than seven o'clock (7:00)p.m._Commercial customers located adjacent (within a one block radius) to residential uses shall only be collected during residential collection hours as stated in Section 6.1.2. In the event a customer's container is consistently overloaded the Village will require the customer to increase service. In the event of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior approval from the Village Manager or his designee, to be later evidenced by a written memorandum confirming the approval. Should the Contractor not confirm and obtain in writing the approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. 7.1.2 Point of Pickup of Commercial Refuse. Commercial Refuse customers shall place containers at locations that are mutually agreed upon by the customer and the Contractor and approved by the Village which are convenient for collection by the Contractor. Where mutual agreement is not reached, the Village Manager or his/her designee shall designate the location. 11 7.1.3 Commercial Receptacles. Commercial establishments shall use Mechanical Containers as defined in Section 4.20. Containers must be properly maintained and kept clean and sanitary. 7.1.4 Method of Collection of Commercial Refuse. The Contractor shall make collections with as little disturbance as possible. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor. 8. MUNICIPAL COLLECTION SERVICE 8.1 The Contractor shall provide residential or commercial collection and disposal service, as appropriate, to all property owned, leased, rented or controlled by the Village of Tequesta including, but not limited to, those designated by the Village Manager if acquired during the contract term. These services shall be provided at no charge to the Village. Exhibit I is a current list of properties to receive this service. 8.1.1 The Contractor shall empty all Refuse, Recycling and Vegetative Waste containers in any and all of the above mentioned properties at a frequency to be determined by the Village Manager or his/her designee. The Village shall have the right to use mechanical containers, commercial type trash cans with covers or any other container within the size limits prescribed by definition. The Contractor shall provide all mechanical containers for the use of the Village, which said containers shall be kept in operable condition by the Contractor throughout the life of the Contract. 8.2 Special Events. The Contractor shall provide at no charge to the Village for all services, containers and equipment required for waste collection and disposal and ~erfub!o ~o~a+#a-t+on ser~~~ delete at all special Village functions or sponsored events deemed appropriate by the Village Manager or his/her designee (such as J.T.A.A. softball games, beach clean-ups, etc.). 9. SCHEDULES AND ROUTES 9.1 The Contractor shall provide the Village with schedules for all collection routes and keep such information current at all times. Any proposed changes in route schedules must be preapproved and the Village shall be immediately notified in writing a minimum of 30 days in advance. The Village Manager shall approve all permanent changes in routes or schedules that alter the day of pickup. Upon approval of the Village Manager, the Contractor shall utilize door 1 `' L to door notices as well as publish in a newspaper of general circulation in Palm Beach County at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely by the Contractor. 9.2 The Village reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the Village en route to the disposal site where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The Village shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and Village. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. ~o ne~~i~c;;Js t!~e ~r-id-a-e-i ~s :~ .. a p h NOTE: The Contractor's attention is directed to the fact that at times during the year, the quantity of Refuse to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required collection schedules and routes. 9.3 Storm. The Village designates Contractor as its exclusive provider of cleanup services in the event of a severe storm, hurricane, or other similar natural disaster. In such case, the Village Manager or his/her designee may grant the Contractor reasonable variance from regular schedules and routes. As soon as practicable after such storm, the Contractor shall advise the Village Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In case of a storm where it is necessary for the Contractor and the Village to acquire additional equipment and to hire extra crews to clean the Village of debris and Refuse resulting from the storm, the Contractor shall be required to work with the Village in all possible ways for the efficient and rapid cleanup of the Village. In such event, the Contractor shall receive extra compensation above the Contract price for additional employees, overtime, and cost of rental equipment, provided Contractor has first secured prior written authorization from the Village Manager or his/her designee. T-h~-to-taI co~-t-for--sum:k3_s~rvace-~k~e~lt-k~~-bc~~ou ors-t~tat-direct c~~f-(feJs an~,~ di~~es~,! coy+~ not ccvorou~ b~, S1~'~) p!~~° ;°? pre#+~k:Th Contractor's reimbursement rates, both hourly and cubic yard and tonnaae unit costs for disaster debris removal, reduction and disposal shall be neaotiated annually prior to the Villaae issuina an authorization to proceed. This need-s--€r~ be ~'-~Q ~:r~-te--r-e;lec-t-~+rrent zlv~;~-€a~au~~ A detailed breakdown of direct cost to be provided with billing in accordance with current FEMA lanauaae- Upon notice from the Village, the Contractor shall make every reasonable effort to secure or 13 remove all receptacles, mechanical or portable, on Village property. In addition, the Village may require the Contractor to provide Village-wide emergency vegetative collection prior to a storm. This beeomos ;--a~~ss-s+b1e Every effort will be made to provide as much advance notice as is possible under the circumstances. 9.4 Holidays. The Contractor will not provide service on the following holidays: New Year's Day, Thanksgiving and Christmas. E~rvet~~d lil~~o ir~!t~ue !~4em ~a-~Iy-4$!~--L-armor Du~~ and t~-ke-o:;t ~!e~u-Years's. -1f the regular collection day falls on any of the aforementioned holidays, the Contractor shall collect the Refuse on the next regularly scheduled collection day. 10. COLLECTION EQUIPMENT 10.1 The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of garbage collection and disposal equipment. A-f! rep~e~-m-Q~d a~diticnal vchic!es s,'~all b~~~ e~~iNme~-t-into„ ~t~er-v~is'.~ agreed---key--#t~ae-V~k~ge- The dedicated fleet of Collection vehicles used by the Contractor under this Aareement shall not exceed an averaae aae of five 151 years and no vehicle shall exceed a maximum aae of eiaht 181 years, unless it is used as a reserve vehicle onlv.~ele~e Equipment shall be of the enclosed loader packer type, or other equipment which meets industry standards and is approved by the Village. All equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles, except of events sponsored by the Village. 1 1. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL WASTE AND SLUDGE The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, but may offer such service in the Village. All such collection and disposal for the 14 types of waste referenced in this section, when done by the Contractor, shall be in strict compliance with all federal, state and local laws and regulations. ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR -RECYCLING 12. DESCRIPTION OF THE WORK 12.1 The Contractor shall have the exclusive right to and shall collect all Recyclable Materials, including but not limited to, newspaper (including inserts), magazines and catalogs, aluminum foil and pie plates, glass, aluminum cans, polyethylene terephthalate (PET) and high density polyethylene (HDPE) bottles, corrugated cardboard, brown paper bags, mixed paper, drink boxes, set out for the purpose of recycling from all residential properties within the Village limits of the Village of Tequesta. The collection of Recyclables shall be conducted utilizing two containers. The Contractor will coordinate with the Village regarding any proposed change in collection of recyclables as proposed by the Solid Waste Authority-this :~~aar-~e~e-ir}-repycair-r~-~c~fEec:t+a~--#rar~-a-two-{3:~rt ~~~as~e strum ~;~ a thr-ee-p~r~--~ua~tc str-ec-rna- or, o~hher mi-xed--paper=~--er}~ ~- c: m r,~+r ~F~ted-}-v,~i I I k~e--pla~t~ ec~--- ~~~d- -c c~c>r~+n~-teE~- -v~ttk~- t~~~--V+~~g~: D e I et e Proposed implementation plan, along with impact analysis, to be submitted to Village six months prior to effective date for approval. Additionally, the Contractor shall provide adequate mechanical containers to facilitate aVillage-wide recycling program for all condominiums and apartment complexes receiving containerized service. Multifamily containerized recycling services shall utilize ninety-six (96) gallon mechanical containers to collect Recyclable Materials. As it becomes appropriate or beneficial, other items may be added to the list of Recyclable Materials at the direction of the Village Manager. Likewise, if it becomes unfeasible or financially impractical to continue collection of any one of the above times, the Contractor may petition the Village Manager for approval to discontinue collection of those items. Ti~1e additional items need to be mart of the SWA proaram. The Contractor has the ability to request additional comr~ensation for tl~e additional service 12.2 Freauencv of Collection. The Contractor shall collect Recyclable Materials within the Village at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. 12.3 Hours of Collection. Collection shall begin no earlier than seven o'clock (7:00) a.m. and shall cease no later than seven o'clock (7:00) p.m.; provided, 15 however, that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following approval by the Village Manager or designee. 12.4 Point of Pickup of Recvclable Materials. Collection of Recyclable Materials shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the Village Manager shall designate the location. 12.5 Receptacles. The Contractor shall pick up all Recyclable Materials which have been properly prepared for collection and placed in recycling containers or paper bags and set at curbside. The Contractor shall supply and distribute to each new residence within the Village two (2) containers for Recyclable Materials and provide replacements to a{1 residences as needed, using color, design and logo as designated by the Village. The cost of these containers will be borne by the Contractor. The containers shall be A-1 Products Corporafion, Model 9732, "BLUE BOX" and "YELLOW BOX", or equivalent. Receptacles may be imprinted with a logo andlor recycling theme as approved by the Village. All recycling containers shall become the property of the Village when distributed. Any containers distributed prior to the commencement of this agreement provided by the Contractor shall also become the property of the Village on the effective date of this contract. The Contractor shall maintain an adequate supply of containers to provide for replacements and for new residents. All recycling containers provided or replaced by the Contractor shall be identical in type, size and color for each type of recycling container. 12.6 Method of Collection of Recvclable Materials. Unless otherwise agreed in writing the Contractor shall separate (2 PART) at the point of pickup, at least the newspaper from the aluminum cans, glass and plastics and place into different sections of the collection vehicle. The Contractor shal{ make collections with a minimum of noise and disturbance to the householder. Any Recyclable Materials spilled by the Contractor shall be picked up immediately. Recycling containers shall be thoroughly emptied and left inverted at the point of collection. 16 12.7 Schedules and Routes. Recyclable Materials collection for a dwelling unit shall be made on one of the two solid waste collection days for that dwelling unit. Therefore, schedules and routes shall match the schedules and routes for solid waste collection, except that the Village Manager or designee is authorized to modify, extend or suspend schedules in the event of natural disaster, health hazard or any other state of emergency requiring such action. The Village reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the Village en route to the disposal site where it is in the interest of the general public to do so because of the condition of streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of street closures of less than eight (8) hours in duration. The Village shall notify the Contractor of street closures of longer duration and arrangements for service will be made in a manner satisfactory to Contractor and Village. Customers under this contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection-Wo need-~e-d+s~"JJs the ~ri~e-i Js ~u .. i s p a~ a~a ~ h -~ ~$---Menite~~r=~~ Rocord°. Tk~-rs ~'c~n#{~c.#c~r--s#=gal-~3e _respvr-~-si-b4e--fF~~ r~r-c~intain+~~ ,~, (- Y ~ i- ~ i + +n r,+orrnin _~ r~rvr+irrti + ~ r-irr ~eirznL~~ +~-fe~m ry t i a n a , , ~ r e c .~ , d ~ a-d o .~ .,~ ,-e-, :. d -, ~, ,-, ~ ~ n ra-, c-~ G,-,t,~~;, yet -c-~-~ra-te s- -k3y-pert=erg-t;--ve I~ r-x~e-o ~ s o 4+c~--w e~ s-te-t~ +vef-ted-f r~~ r~~-tc~ rid f+~ l--b~--~er~ ~ # ~77Zi ~Z~T-rJGT ~~oig!a~--b~~ mafer-+~4--of-+toms ro~~, c;!od~e+ghboY-#~eed~ eb„"o „t ~,o~a,~~ a~~~Yry~e rt i u, : pc-+#+c}ra--e~r~ c' other-i~fer~#i vn rc-~; ~+ret, b }, ~/ i#tc~ge ;--P a I rr~--Beec:4a-~ ~, u n+-y--~ $ho c+~+o „f ~i~ri~U ne~e~ry +~- ;eat the--re~~,rne~«-~f the ::~4i-d '~'a,te Mar-aa~e~ent-A-c-#-e;<--te-obtain grant ft~r}d~ from ~I~e-r~~l~d-W-as#e M~r~-ag-e;-r,e-ra-t True ~~-7hc Contra ter-~h-alI f~.;r m~„n~~~poits to +-k~o Village die-b-y-#k~e 1-8##'~--ef-#-I~e~lk>w#r~ meth c:;nt:~r~+~~~_##~e-regE;vsfr~~~-~r~fc~~rr~atio~ Let's discuss. 4 believe we can eliminate the entire r~araaraoh. T4~is is completed by SWA. 12.9 Equipment. The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of recycling equipment and shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Collection vehicles shall be designed to be driven from both sides and have separate compartments into which the different recyclable materials may be placed. Prior to purchasing equipment, it shall be the responsibility of the Contractor to determine the available space, turning radii, ceiling heights, etc. of the likely buyers or processors of the recycled materials. ail-~epl~ECrr~en-t rind l~' a d d i t i o~u N o !a i ~! o~ sh c l l be--ra-c-~~~ o q~+p~er~t--~~, I c ~ ~ -~~#-h ~> r~fr ~ ti c a g r c eel---~-t la e V+lt~<~~ Delete.. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. The Contractor may also add his name and business telephone number to each side of the vehicle. The rear of the vehicle shall contain signs warning the public of frequent stops. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles except that approved by the Village. 12.10 Holidays. The Contractor will not provide service on the following holidays: New Year's Day, Thanksgiving and Christmas. Residential Recyclable Materials not collected on Thanksgiving shall be collected on the next scheduled recycling collection service day. Residential Recyclable Materials not collected on Christmas Day and New Year's Day shall be collected on the next scheduled solid waste collection day when possible, but not later than the next scheduled recycling collection day. . I ~. ~ I Dav~l~-4#~-L~ber rand +-a~e-out ~!~-~=ears's. 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION The Village and the Contractor will share responsibility for the promotion of the recycling programs. The Village and the Contractor will cooperate in the design of promotional events and educational programs and the preparation of promotional materials such as door hangers and/or flyers for public distribution; however, the Village's contribution shall be subject to budget, review and approval by the Village. The Contractor will distribute written information to the residential participants on a periodic basis and assist with preparation of the Annual Grant report. The Contractor further agrees to conduct presentations for schools, civic groups, homeowners associations and other appropriate citizens groups. ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK 14.1 The Contractor shall provide vegetative waste collection and disposal within the Village limits of Tequesta. The Contractor shall have the exclusive right 18 to provide vegetative waste collection and disposal service within the Village in accordance with the specifications herein. Landscape maintenance companies may haul vegetative waste resulting from their own activities. (Volur~~~e limit and taaaina_orocess description lanauaae1 14.2 Freauencv of Collection. The Contractor shall collect Vegetative Waste from residences within the Village two (2) times per week. The day of collection shall be on the same day as the collection day for solid waste. 14.3 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock a.m. and shall cease not later than 7:00 o'clock p.m.; provided that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph following approval by the Village Manager or designee. 14.4 Point of Pickup of Veaetative Waste. Collection of Vegetative Waste shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the Village Manager or his/her designee shall designate the location. 14.5 Preparation of Veaetative Waste for Collection. The Contractor shall pick up all Vegetative Waste generated from residential units as follows: Vegetative Waste shall be placed adjacent to the pavement or traveled way of the street. Residents must bundle or containerize small or loose Vegetative Waste. Large materials or accumulations of vegetative waste will be collected by mechanical means (clamshell) at least one time per week. In the event of a dispute between Contractor and a customer as to what constitutes Vegetative Waste, the situation will be reviewed and decided by the Village Manager or his/her designee, whose decision shall be final. 14.6 Method of Collection of Veaetative Waste. The Contractor shall make collections with a minimum of noise and disturbance to the householder. Any Vegetative Waste spilled by the Contractor shall be picked up immediately by the Contractor. Receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned 19 I 2.552 Ito x 2.642 -2.0%~_ $ 4.034 '~ to _4.133 ~_ 11.0%I ~ 2.643 ,_ ~ to $ 2.733 l _0%~; - _ x_4.134 to _ _ __~_ 4.233 12.0%~ 2.734 $ 2.833 ~ to $ _ 0.0% , $ 4.234 to ~_ 4.333 ~ 13.0%~ _ _ 2.834 _ _ Ito ~_ 2.933 0_0°l0 _ x.___4,334 to. _,x_`_4.433 ~ 14.0°l0l $ 2.934 to ~ $ _3.033 0.0% _',~~ 4.434 to ~ __ 4.5_33 ~ 15.0%I ~_~, 3.034 to ~-~_3 1.33 ~ 1_.0%_ L._$_._4,_534 to _~____4^633 16.0%~ ~~3.134 Ito ~~3.233 ~ 2.0% _ ~ $ _ 4.634 to _x_4.733 17.0%I htto://tonto.eia.doe.aov/ooa/info/wohda/diesel.aso Weeklv Retail On-Hiahwav Diesel Prices Lower Atlantic - 07/16/07 17.6 Level and Tvbe of Service for Collection of Other Wastes. Where the Contractor agrees to collect Special Waste or Sludge, a written agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided, at a rate to be negotiated between the parties involved. However, upon failure of the parties to reach such an agreement for commercial services only, either party may apply to the Village Manager, who shall establish the level and type of services to be provided, including the area of the container and number of pickups per week. Alf such collection and disposal for those types of waste in this section, when done by the Contractor, shall be in strict compliance with all Federal, State, and Local laws and regulations. 17.7 Other Considerations. (1) No additional customer charges will be imposed for services described in this Agreement. (2) For purposes of this Agreement the conversion factor is presently 134 pounds per cubic yard; however, upon completion of commercial waste generation studies conducted by the Solid Waste Authority of Palm Beach County, the conversion factor may be adjusted accordingly. (3) Contractors are required to containerize waste on the respective job site(s) utilizing a ~I~-lae~s- Waste Mar~aaement, Inc. of Florida container. ARTICLE VII CONTRACT PERFORMANCE/PENALTIES/DEFAULT ~~ Should the Contractor fail to appear at the hearing or fail to show cause why it has not breached the terms of the Contract to the reasonable satisfaction of the Village, the Village shall declare a breach on the Contract and notify the Contractor and the surety on the performance bond of such a declaration of breach, or authorize the Village Manager to take such other action. If the Contractor or his surety fails to cure such breach within a reasonable time thereafter, then the Village may thereupon declare the Contract canceled. Also, upon such a declaration of breach, all payments due the Contractor shall be retained by the Village and applied to the completion of the Contract and to damages suffered and expenses incurred by the Village by reason of such breach, unless the surety on the performance bond shall assume the Contract, in which event all payments remaining due to fihe Contractor at the time of breach, less amount due the Village from the Contractor and less all sums due the Village for damages suffered and expenses incurred by reason of such default, shall be due and payable to such surety. Thereafter, such surety shall receive monthly payments equal to fihose That would have been paid to the Contractor had said Contractor continued to perform the agreement. If such surety fails to exercise such option to cure, the Village may complete the Contract or any parfi thereof, either by day tabor or by reletting the Contract, and fhe Village shall have the right to take possession of and use any or all of the vehicles, materials, equipment, facilities, and property of every kind provided by the Contractor for the performance of the Contract and to procure other vehicles of the same and to charge the cost of the same to the Contractor, together with the costs incident thereto. During such period, the liability of the Village to the Contractor for loss or damage to such equipment so used shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability. In the event the Village completes the Contract at a lesser cost than would have been payable to the Contractor under the Contract if the same had been fulfilled by said Contractor, then the Village shall retain such difference. Should such cost to the Village be greater, the Contractor shall be liable for and pay the amount of such excess cost to the Village. Any transfer or assignment of the responsibilities of the Contractor by the surety must be approved by the Village. The Contractor shall be excused from performance in cases of war, insurrection, riot, acts of God, or other causes beyond the Contractor's control. For the purpose of this section, a strike shall be considered within the control of the Contractor. 21.7 Except as otherwise provided in the Contract, any dispute concerning a question of fact or of interpretation of a requirement of the Contract which is not 31 disposed of by mutual consent between the parties shall be decided by the Village Manager, who shall reduce the decision to writing and furnish a copy thereof to the parties. In connection with any dispute proceeding under this clause the party shall be afforded an opportunity to be heard and to offer evidence in support of its version of the facts and interpretation of the Contract. The Village Manager shall make such explanation as may be necessary to complete, explain or make definite the provisions of the Contract and the findings and conclusions shall be final and binding on both parties. Pending the final decision of a dispute, the Contractor shall proceed diligently with the performance of the Contract in accordance with the preliminary directions of the Village Manager. The Contractor expressly recognizes the paramount right and duty of the Village to provide adequate waste collection as a necessary government function, and further agrees, in consideration for the execution of the contract, that in the event the Village shall invoke the provisions of this section, Contractor will either negotiate with the Village for an adjustment of the matter or matters in dispute, or present the matter to a court of competent jurisdiction with venue in Palm Seach County in an appropriate suifi therefore instituted by the Contractor or by the Village. 22. RIGHT TO REQUIRE PERFORMANCE The failure of the Village at any time to require performance by the Contractor of any provisions hereof shall in no way affect the right of the Village thereafter to enforce the same, nor shall waiver by the Village of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provisions, or as a waiver of any provision itself. ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES The Contractor shall obtain, at its own expense, all permits and licenses required by law or ordinances and maintain the same in full force and effect. 24. TITLE TO WASTE The Village reserves the right at all times to hold title and ownership to all Refuse, Vegetative Waste or Recyclable Materials collected by the Contractor. 32 25. FRANCHISE FEES The Contractor shall pay to the Village a fee of six percent (6~0) of all gross revenues billed by the contractor arising out of solid waste collection services or operations conducted in the Village. Solid waste disposal costs paid by the Contractor shall be deducted from the gross revenue total prior to applying the boo for calculation of the franchise fee due to the Village. The Village will collect Franchise fees on all Village billed (residential) services. Franchise fees shall be payable within thirty (30) days of the last day of each calendar quarter. A late charge of 1.5~a of the monies due for the Franchise fee shall be calculated monthly until payment is received. 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL ~ s---vv~l4- be p~rmi#°d c.~n{}~--~~t~e pro~~isWn of , ortable sc~r~itc~t~~i~-servEEes--#-c~r Spe~~al--~v~r~#-s ~s-_nc>ted-~Kx~er-t~~-A~per~dF~ Delete. We cun-ently use a subcontractor for clamshell service. Otherwise, subcontractors wi{I not be permitted under the terms of the Agreement. Contractor shall make no assignment of its rights or obligations under the Contract without first obtaining the written consent of the Village, which may be granted or withheld in its sole discretion. 27. BONDS AND SURETIES 27.1 Performance Bond. The Contractor shall furnish a performance bond in the form attached to these Specifications as security for the performance of the Contract with the Village of Tequesta. Said performance bond will be the greater of $300,000 or the annual amount of the executed Contract as calculated at award and adjusted yearly on the anniversary date of the Contract, to remain in force for the duration of the Contract. The premium for the performance bond described above shall be paid by the Contractor. The performance bond shall be written in a surety company licensed to do business in the State of Florida with an A.M. Best Financial Rating of A Class Vl or higher for the most current calendar year available. 27.2 Reauirements as to Surety. The Surety or Sureties shall be a company or companies satisfactory to the Village. Any Surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirement of Florida resident agent may be waived by the Village if evidence satisfactory to the Village is provided that applicable 33 requirements have been met to permit service of process on a State official under State law. 28. INSURANCE REQUIREMENTS 28.1 Contractor Insurance. During the life of the Contract, the Contractor shall procure, maintain and provide the Village with certificates of insurance as evidence of the insurance required under this Section 28. The Village shall be an additional insured (except on Worker's Compensation) on this insurance with respect to all claims arising out of the operations or work to be performed. Cancellation or modification of said insurance shall not be effected without thirty (30) days prior written notice to Village. Except as otherwise stated, the amounts and types of insurance provided by the Contractor shall conform to the following minimum requirements: 28.1 .2 Worker's Compensation. The Contractor shall provide and maintain during the life of the Contract, at his own expense, Workers Compensation Insurance coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. In addition, the policy must include employers' liability insurance in an amount not less than $100,000 each accident, $100,000 by disease and $500,000 aggregate by disease. If any operations are to be undertaken on or about navigable waters, coverage must be included pursuant to the Longshoremen and Harbor Workers Act and the Jones Act. 28.1.3 Comprehensive General Liability. The Contractor shall provide and maintain during the life of the Contract, at his own expense Comprehensive General Liability Insurance. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services Office and must include: Minimum limits of $1, 000,000 per occurrence combined single limit for bodily injury liability and property damage liability. Premises and/or operations. Independent contractors. Products and/or completed operations. 34 The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this contract. 28.1.4 Business Automobile Policy. The Contractor shall provide and maintain during the life of the Contract, at his own expense, Comprehensive Automobile Liability Insurance. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: Minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. Owned vehicles. Hired and non-owned vehicles. Employer's non-ownership. The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this Contract. 28.1.5 Umbrella Liability. 1n addition to the above limits, the Contractor shall provide at least a $5,000,000 umbrelia or excess liability insurance policy. 28.2 Certificate of Insurance. Certificates of all insurance required from the Contractor shall be subject to the Village's approval of adequacy and protection. Certificates from the insurance carrier stating the types of coverage provided, limits of liability, and expiration dates, shall be filed with the Village before operations are commenced. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this agreement and section and the above paragraphs, in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of the Contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished, in ten (10) days prior to expiration, and shall state that such insurance is as required by such paragraphs of this agreement. 29. COMPLIANCE WITH LAWS AND REGULATIONS The Contractor hereby agrees to abide with all applicable Federal, State and local laws and regulations. It is understood that the Village has ordinances for effecting a solid waste control program. {t is the responsibility of the Contractor to become familiar with such ordinances, and it is understood that, if any provisions of said ordinances are in conflict with the conditions of the 35 Contract, the ordinances shall be the governing factor for performances of the Contract. 30. INDEMNIFICATION The Contractor shall defend, indemnify, save harmless, and exempt the Village, its officers, agents, servants, and employees from and against any and all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorneys fees resulting from injury to or death of persons or damage to property arising out of or resulting from the Contract or from work done by the Contractor in the performance of the Contract except to the extent caused by the negligence of or breach of contract by the Village. In connection with any legal proceedings arising hereunder, the Village reserves the right to retain counsel of its choice and at its own expense, or, in the alternative, approve counsel obtained by the Contractor. 31. BOOKS AND RECORDS The Contractor shall maintain separate records of accounts, complaints, routes and other contract information specific to the Village of Tequesta's contract area. The Village sha11 have the right to review all records that pertain to the Contract which are maintained by the Contractor upon three (3) days' prior written notice. 32. NOTICES Any notice required hereunder shalt be in writing and delivered in person, by telecopy or by certified mail to either party at its business address shown herein. 33. TERMINATION The Contract may be terminated by the Village, with cause, upon sixty (60) days written notice to the Contractor, or after such shorter notice and cure period as may be specified hereunder. In the event the Contract is terminated as provided herein, the Contractor shall be reasonably compensated for services rendered to the effective date of such termination, as mutually agreed upon. 34. WAIVER: 36 The waiver of any breach of any provision hereunder by either party shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. 35. GOVERNING LAW: This agreement shall be construed in accordance with the laws of the State of Florida. Venue shall be in Palm Beach County. 36. SEVERABILITY: If any paragraph, section, sentence, clause or phrase contained in this Agreement shall become illegal, null or void or against public policy, for any reason, or shall be held by any court or administrative body of competent jurisdiction to be illegal, null or void or against public policy, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Agreement shall not be affected thereby. 37 ENTIRE AGREEMENT: This Agreement constitutes the entire Agreement between the parties relating to the subject matter hereof, and supersedes any oral or written representations, assurances, claims or disclaimers made either prior to or simultaneous with the execution hereof. This Agreement may be amended only by an instrument in writing signed by both parties. IN WITNESS HEREOF, the Village and Contractor have set their hands and seals on the day and year first above written to this Agreement and three counterparts, each of which shall constitute an original. Village OF Tequesta ~1t~~-~~~5 S,~-P~T,d,T-19-!x, I~!~ _ ---- a-sib-s+d+ar-y-af - --___.._-- _-- -----____.____-- ot-€4~~+~a Deleto Nichols Sanitotior7 Village Manager Waste Mar7aaement, Inc. of Florida President 37 ATTEST: By: Approved as to form Village Attorney 38 EXHIBIT I MUNICIPAL COLLECTION AND DISPOSAL SERVICE Municipal Collection Service The Contractor will provide containers and garbage receptacles to be serviced by the Contractor in the following Village-owned or controlled areas. Location/Site Address Village Hall 357 Tequesta Drive Tequesta Park 2280 County Line Road Constitution Park/ Recreation Center 399 Seabrook Rd. Public Service Center 136 Bridge Road Village Water Plant Old Dixie Highway SPECIAL EVENTS A maximum of eight (8) special events annually sponsored by the Village which require refuse and sanitation services such as: Village Concerts, Holiday events, Beach Clean ups, Youth Programs 39 Option #1 EXHIBIT II REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION RATES SECTION 1: Residential Solid Waste. Recycling and Vegetative Waste Collection Service The monthly residential rate per dwelling unit for collection prescribed in the attached Agreement, shall be as shown below: Unit Cost per Month Hand Serviced Single Family Residences Solid Waste Curbside -two (2) times per week e~ '~'~ $5.58 ~.~ ..,.. Vegetative Curbside -two (2) times per week $1-t 4 $2.22 Recycling Curbside -one (1) time per week ~2.'-6_ $2.35 Hand Serviced Single Family Residential Total Monthly Cost ~ ~.~? $1 1.15 Hand Serviced Multiple Dwelling Units Solid Waste Curbside -two (2) times per week $3-3~ $6.58 Vegetative Curbside -two (2) time per week ~l .l 1_ $2.22 Recycling Curbside -one (1) time per week $2-1-b__ --$2.35 Hand Serviced Multi-Family Residential Total Monthly Cost ~-6~ $1 1 .15 Hand Serviced Mobile Home Units Solid Waste Curbside -two (2) times per week same as single Vegetative Curbside -two (2) time per week family Recycling Curbside -one (1) time per week Hand Serviced Mobile Home Residential Total Monthly Cost ~~.~3 $1 1.15 40 Multiple Dwellina Units Serviced by Mechanical Containers (Units requiring service which exceeds the twice per week base level) Solid Waste Containerized cubic yard Solid Waste Back Door Carrv-Out Rates Disability, Certified by Doctor Unlimited Solid Waste Only ~'?.5J $7.25 N/C negotiated with customer per month rate Customers may own or rent Mechanical Containers. per 41 SECTION 2: Commercial Collection Service Unit Cost per Cubic Yard Solid Waste 8~ Recycling Collection Services (includes container rental and ancillary services) Non-Ro-loff Compactor Collection ~?.58 $7.25 -5.~~._ $1 1.25 The above rate is a fixed rate per yard. Actual customer prices for various container sizes and frequency of service may be calculated as follows: Container size X frequency of collection of collection per week X rate per cubic yard X 4.33 Option #2 EXHIBIT II REFUSE. MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION RATES SECTION 1: Residential Solid Waste, Recvclinq and Veae#ative Waste Collection Service The r~r~or~thly residential rate per dwelling unit for collection prescribed in the attached Agreement, shall be as shown below: Unit Cost per Month Nand Serviced Single Family Residences Solid Waste Curbside -two (2) times per week $6.68 Vegetative Curbside -two (2) tirnes_per week _ $2.22 Recvclinq Curbside - one f 11 time per week $2.35 42 Nand Serviced Single Family Residential Total Monti~~ly_Cost Hand Serviced Multirule Dwelling Units Solid Waste Curbside -two (2) times per- week Vegetative Curbside - twv (21 time per week Recycling Curbside -one (17 tine per week Hand Serviced Multi-Family Resider~tial Tota( Monthly Cost Hand Serviced Mobile Home Units Solid Waste Curbside -two (21 tines per week Ve_aetative Curbside -two (2l tirr~e r~er week Recvclina Curbside - one f 17 time per week Hand Serviced Mobile Home Residential Total Monthly Cost $1 1 .25 $6.68 $2.22 $2.35 x,11.25 same as single family $1 1.25 MultirJle Dwelling Units Serviced by Mecharical Contair~~ers (Units reauiring service which exceeds the twice per week base leveil Solid Waste Containerized $7.25 per cubic yard Solid Waste Back Door Carry-Out Rates Disability, Certified by Doctor N/C Unlimited Solid Waste On4v _.____..__..._ .................__......_................r~ec~~ti_c~t~c~ witf~ custam~r per month rate; Customers rnav owr7 or rent Mechanical Cor7tainers.. 43 SECTION 2: Commercial Collection Service Unit Cost per Cubic Yard Solid Waste & Recvclina Collection Services $7.25, (includes cantainer rental and ancillary servicesl __ __ Non-Rollaff Compactor Collection} 1 1.25 The above rate is a fixed rate per yard. Actual customer r~rices for various container sizes and freauencv of service may be calculated as follows: Container size X freauencv of collection of collection per week X rate r~er cubic yard X 4.33 44 TAXES: The sums above shall not include Florida sales or gross receipts tax. To the extent applicable such taxes are to be paid directly by the Village of Tequesta. The sums shall include all other taxes now in effect which may be applicable. 45 M~niAigal~t~t ~eC~~ date P~~~v~ps pek ~r~ PiAk~ps Per ~A PriAe per P14~ ~'ovvn of .laapik~r ~ 11:@@ ~ ~~.~~ $ @:51 'own of Juno k~eaci~ $ 11:~~ ~ 21:C~ $ @,52 Village of Tequesta ~ 11:~~ ~ 21:~~ $ 0.52 Jupiter Iniet Colony ~ 19:x? ~ ~1:~~ $ 0.54 Martin County ~ 9:17 ~ ~~,~~ $ 0.61 ~ewa11's I'~Ail?t ~ 1~.~~ ~ ~1:~~ ~ @:~~ pity Af St~at~ $ 1?:@~ ~ 8:~~ ~ 2.0~' City Af Port St. Lucie-I~id ~ 19.9 ~ 1~:~~ ~ 9.1~ St Ll~Aie ~A~unty ~ 1~:~4 4 ~~:~~ ~ @.~~ Pa~t~t Beach ~arder~s ~ ~:9~ 4 1~:~~ ~ @:ia~ ~reenacres $ ~ ~:~~ 4 ~ ~:~~ ~ @:~@ E~iveria Beach ~ 14:4 4 1~:~~ ~ @:~~ ~Ielling~An ~ ~:1 fi ~ 9 ~: ~~ ~ @:41 Delray Beach ~ ~:4@ 4 1~.~2 ~ @.~~ Palm Beach County Avg wrikh all ~ 1@.68 4 1~.~~ ~ @,~ Palm Beach ~A~nty Avg vrlA ~&q ~ x.46 4 ~ ~:~~ $ 0.4~ PB ~Pstrlct 7 $ ~:9~ 4 9~:~~ ~ @:~~ Ps Qlstrict ~ ~ x:47 ~ ~~.~~ ~ @,~9 PB ~lstrict ~ ~ ~:@~ ~ ~~:~~ ~ @:~~ PB ®lstrlAt 4 ~ x:91 4 17:~~ ~ @.~4 PB ®(strict ~ ~ ~:~@ ~ ~~:~~ ~ @:~9 P B ®Estrlct ~ ~ ~: ~4 4 1 ~, ~~ ~ @:44 PB ®Istrict 7 ~ 8:~1 ~ 1~:~~ ~ @,~@ PB ~Estrlct ~ ~ 19:x@ ~ i ~. ~~ ~ 1: ~ ~ PB~istrict~ ~ 113:~~ ~ 1~:~~ ~ ~:@~ Sl~ls ~ ~ar~ens B.id ~ 1~.9~ ~ 1~:~~ ~ @.~~ Taste PrA ~ hardens Bid ~ 9~:~1 ~ 1~:~~ ~ @:~'9 Republic -Gardens Bid ~ ~ ~:~'~ 4 ~~:~~ $ 0.79 Syti~lse ~ ~1:~~ 4 1~:~~ $ 1:?~ LakelN_Arth $ 14:9 4 9~:~~ $ @:I~C Test Palkrt Beach ~ 9~,~~ 4 1~:~~ ~ ~:@~ INIa9nAlla Park ~ 1@,~~ 4 1~:~~ ~ @:6@ Aral Springs ~ 9~,9~ 4 9~:~~ ~ @:7~ RAmpanA Beach ~ 1~.@@ 4 1~:~~ ~ @:69 Baca I~atAA ~ 9@~,~4 4 9~.~2 $ 6:@@ -[~hontas Driscoll, -I owit of Jul7iter September 5, 2000 Page 7 of 9 ~ ~• . ~ Recycling Bin The size of the recycling bin and its collection frequency. Size {gallons) Collection Frequency, Yard Trash 'The size of the yard trash bin Of applicable) and the Size (gallons) frequency of yard trash cc>1lectic)n. Collection Frequency White Goods "f'Ite frequency of white goods collection, Collection Frequency Type of Collection The type of garbage collection vehicles (e.g., manual, semi- automated, automated). Single-Family The nuctther of single-family households served in the city. I-louseholds Served rtilulti-Family Households The number of ittulti-family households served in the city. Served T'ortl t-louseholds Served The sum of single-btntily and multi-family households served in the city. Annua{ Household The annual collections cost per household. Collection Cosr Disposal Method The disposal method for the residential waste (e.g., landfill, waste-to-enerky, etc.). Payment Method The form of paytnenr (c.g., tax bill, water and setiver hill, hauler invoice). Recyclables Ownership The owner of the collected recyclahles. Assumed Density 'T'he estimated anwunt of annual waste generates{ foe single- fam~ly and multi-family households. A summary of all the data collected is presented ut Appendix B. Based on the revie\v of the current data, we have made the following ol>servarions. Currentl}r, the Town's annual household costs for waste collection services are ntid-range of the cities surveyed. An rinportant observation to note is that the To\vn provides residential customers the flexibility to use different sized garbage bins and is one of the few cities that collects yard waste twice a week, while simultaneously keeping collection costs relatively low. • All the cities surveyed collect solid waste twice weekly, .uid most cities surveyed collect white goods once weekly. • Delray Beach is the only city to collect recyclables twice weekly. • Wellington and Riviera Beach arc the only cities that have an automated collection system. • Sinu4tr to ,}upiter, four etf the cities surveyed bill for solid waste collection through the utility hill. G:1Jupitcr Suliil \\';~str - 49260(11\~u~~itcr ~Llctnu\fi+wti ul,~i+pitcr 1Jlcworaudum O9-iIS-U(.duc Thomas Driscoll, Town of Jupiter September S, 2006 Pagc b c)f 9 • Four ctf the cities surveyed own rite recyclables produced, while the other cities' recyciables are owned by the solid waste collector. Conunercia I Tlu•ough our discussions with the Town, we surveyed: Palm Beach Gardens, Riviera Beach, Wellington, Delray Beach, Lake Worth, Pompano Fleach, Coral Springs and Boca Raton, in r~rder to determine the collection cost fora 2-yard container servued twice per vveek. It should be noted that co)nluercial rates vary by size of the container and frequency of collection. The data i;allectcd Wray not he representative for all atnrtrner sizes and frequency of collection. Currently, Roca Rayon dues not. have a contract with a service provider for commercial disposal. C:ach commercial. entity can conn-act with any service provider which results in a variance of costs and cannot he reElecrecl in this memo. '!'able 2 presents the annmerclal information requested as part of the Survey. Table 2: Weekly Commercial Service Rates fora 2-Yard Container Serviced Twice Per Week sao.oo ____._.----- -- ------_-__.._._.-------~----- --------..__ ._.----- --- - s~o.oo a sao.on ax a sso.oo sao.oo d e o $30,00 u v N SZO.OO $10.00 Wellington based on the review c)f the cun•ent data, we have made the Following observations. • Pompano Beach has the highest commercial service rare of all the municipalities surveyed, while Wellington has the lowest commercial disposal rate. • The commercial disposal rare for Jupiter is also within the mid-range of the cities surveyed. ~;:\{uhitcr Sulici \\!:~s[c - d926U01\{uptrc-r \icnu[\Puten ul,lupirrrLlrmornndum 09-OS-06.Joc Pompano Riviera Lake Worth Jupiter Coral Palm Beach Delray Beach Beach Springs Gardens Beach Mun{c{pallty Appendix A Annual Escalation Ratc Lan~uat;c The C:ollecnon portion of the Residential Custrnnrr Rates and the Collection portion erf the G~rnmercial Cusromer Rates (e.g., front-load, compacror, and roll-ofi Rates) shall be adjusted on Octohrr lti' of each year, beginning in the second Contract }'ear, as described below. T•he Rate shall he adjusted in an amount equal ter seventy percent (70`%,) of the change in the Constuner Price Index ("CPI") daring the previous year, but the adjusnnent shall not exceed five percent (_5`%,) in any one year. T•he formula in Exhibit X shall be used ter calculate the Rate for the upcoming Contract Year. The C;P1 shall he the lesser of the united States All Urhan C:P1, or the Southern All Urhan Cl'1, published by the U.S. Ueparrment of Labor, But•eau of Labor Statistics, for the twelve (12) months ending ern the April 30th that precedes each new Contract Year. if the CPI is discontinued or substantially altered, the Towrt may select another relevant price index published by the united States Government or by a reputable publishcr of financial and economic indices. Exhibrt X contains sample caVculanons~that illustrate how the Collection Rates will be adjusted, based on the CPI. The fees set forth in Exhibit X for Supplemental Services shall he adjusted annually to account for changes in the CP1. These CPI adjustments shall be made rn the same manner as the other CPI adjustments described in this Section. 2- Fuc1 Adjustment Surchart;cs Lanaua~c Extraorcfittary Rate Adjustyttent Once each Contract Year, the Ccinu•actor may petition the Town for a Rate adjustment on the basis of extraordinary or unusual changes in the cost of operations that could nor reasonably be foreseen by a prudent operator. Contractor's petition shall contain a detailed justification ft~r the Rate adjusnnent. Among ocher things, the Conn•actor's petition shall include an audrred srnremenc of the Contractor's historical and current expenses, confirming an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which. have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant, licensed in the State of Florida, whrch is nor an employee of the C,Olltral'COC or its alfiliares. At its expense, the "T'uw•n may audit the Contractor's records to evaluate the Contractor's request. The Town may request from the Contractor, and the Contractor shall provide, all of the A- I Appendix A infc~rnutnon that is rcxtsonahly necessary for the Town ro evaluate the Contractor's petition. In its sole discretion, the Town steal( appr<we yr deny the request within sixty (60) days abet +t receives all of the infornrtnon needed to evaluate the Contractor's proposal. The'T'ovvn's decision shall he final and non-appealable. If the Contractor's request +s granted, the Town. shall have the right to reduce the Contractor's ]fates when the Conn-actor's costs are t•educed, Everv twelve (12} nwnths after a request is granted, the "I"own shall have the right ro request, and the Contractvr shall prepare promptly upon request, an updated audit and explanation of whether the extraordinary Rate ina•ease should remain in effect. ~) Contractual Enforcement Reheat Violations of Contract [f the Contractor's record of performance shows that the Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the covemutts, conditions, or requirements contained in this Contract, and regardless of whether the Contractor has corrected each individual condition of default or paid liquidated damages, the Contractor shall be deemed a "habitual violator" anal sha11 forfeit the right ro any ftn•ther ntxice or grace period to correct, and all vF the prior defaults shall be considered cumulative and collectively shall constitute a condition of irredeemable default. Under such circumstances, the Town shall issue the Contractor a final warning, citing the grounds therefore, and any single default by Contractor of whatever nature, subsequent to the issuance of the Tvvvn's notice, sha11 be grounds for immediate termination of this Contract. In the event of any such subsequent default, the Town may renninare this Contract upon giving written notice to the Contractor, and termination shall be effective three (3) Days after the notice is delivered. ALI fees clue to the Contractor hereunder, plus any and all charges and interest, shall be payable to the date of terminatu)n, and the Contractor shall. have nn further rights hereunder. Immediately t+pon receipt of the Town`s final notice, the Conu-actor shall cease any further perform;+nce under this Cc)ntraa. A-2 Appendix A 4) Assianmcnt atld Chant7c of Control Assignment artd Sublettitrg No assignment of this Contract or any right or responsibility ocnu•ring under this Contract shall he made in whole or in part by the Contractor without the express written consent of the Town. "I•he 'Tor'n shall have the right to approve or deny, with or without cause, any proposed or actual assignment by the Contractor. Any assignment of this Conrracr made by the C:onrr<lcror without the express written consent of the 'Town shall be null and void and shall he ];rounds for the Town to declare a default <tf this Ccmrract. In such cases, the 'Town may terminate this Conu-act by giving written notice to the Contractor, and upon the date of sorb notice, this Conrracr shall be deemed immediately terminated. t)pon such ternunation all liability of the ~l'own under this Contract to the Contractor shall cease, except for the amounts due and owing for Collection Services completed at that rime. Thereafter, the Town shall have the right to call th.e Performance Botld and shall be free to negotiate with an}' Person for the service which is the subject of this Contract. In the event chat the Town's consent ro any proposed assignment is denied, the Contractor shall continue to provide all of the services required herein for the remainder of the Term. ]f any assignment is approved by the ~.[~own, the assigtlee shall fully assume all of the liabilities of the Contractor. The requirements of this Section _ shall include, but not be limited to cases where the Contractor hires a subcontractor to undertake arty of the Contractor's obligations undec this Contract. Trans fer o f paUnersbi~ The transfer of this Conn~acr, 1>y transfer of ownership, transfer of corporate shares, or any other means to effect a change in the ownership structure of the Contractor, shall be effective Dilly after approval h}' the Town. An application to transfer this Contract shall he subnlirted jointly by the prt~posed transferor and n•ansferee, atld Siall CO11ta1R the same information as necessary as for the granting of a franchise. T'he proposed transferee sha11 verif}' in writing that (a) it will comply with all of the requirements in this Contract and (h) it has the hnanctal resources, expertise, equiptllent and other capabilities necessary to do su- The Town may grata or deny the application for transfer, or tuay grant the application subject to eondiriorts. A-3 Appendix A 5) Penalties/Liauidatcd Damases The Town and the Contractor ackuuwledged and agree drat it is drfficulr or impossible to accurately determine the amount of damages that would or might he incurred by the Town clue m those failures <x• circumstances described to thts sexton and for which the Contractor would otherwise be liable. Therefore, the followinl; administrative assessments shall constitute liquidated damages, not penalties, for the Contractor's breach of the Contract. In the event that the Contractor breaches the Contract in a manner that does not tall within the administrative assessments delineated within this section, the Town will call a meeting ter assess and determine an administrative assessment for the breach. a. Failure or neglect u> collect properly prepared Solid Waste, Yard Trash, or Progruaa Recyclables from any Premises at those times provided by this Contract, within the deadlines set forth herein, after notification by the Town or customer. F.ach failure shall result in the imposition of a $100 tee. If the Contractor fails to meet the deadlines contained in this Contact, each additional Day of delay after the initial violation shall result in the imposition of an addttional $250 assessment. h. Failure or neglect to correct chronic problems (chronic shall mean three (3) or more Legitimate Complaints at the same Premises within a twelve (12) month period) shall result in the imposition of a $250 assessment. The first assessment shall be imposed for the thud Legitimate Complaint thereafter. Additional assessments may he imposed for each Legitimate Complaint thereafter. if the Contractor has more than five (5) clu•onic complaint problems vvithin one month, there shall be an additional $500 assessment. c. Failure nr ne};lect to complete each street on a route {including missing whole yr partial streets) on the regularly scheduled Collection Day, within the deadlines set forth herein, shall result in the imposition of a $500/streetlDay assessment. d. If the Contractor fails to comply with any provision of this Contract for which liquidated damages have not been specified in this Section, the Town may impose a $200 assessment per occurrence per clay. e. Collections outside of the hours specified in this Contract, without prior approval of the Town, shall result in a ,$1.00 assessment per incident per da}~. f. Farlure to comply with the deadlines set forth in the Transition Peric d Section shall result ua an assessment of $1,000 per day, per incident. A-4 Appendix A Procedures fur Assessing Liouidated Danutecs Based upon an investigation, the Town shall determine r,vhedter liquidated damages shall he assessed against the Contractor. "1'he Contractor shall not be required Cu pay liquidated damages in those cases where the delay or failure in the Contractor's performance was {"f) excused ut advance by the Town or (2) due ro trnforeseeahle causes that were beyond the Contractor's reasonable control, and without any fault or negligence of the Contractor. Pnex• to assessing liquidated damages, the Town shall provide written notice ro the Contractor, indicating the Town's intent tc> assess liquidated damages. Auer receiving the Town's letter, the Contractor shall have ten (10) Days to file a written letter of protest with the Town. If a protest is timely filed, the matter shall be referred ro the '!'own for resolution. The Town shall review the issues in a timely nr<lnner and then provide a written decision to the Contractor. If the Town's decision is unacceptable, the Conn•acu~r shall have ten (10) Days to file a written petition with the Torvn for a hearing before the Town. Upon the timely filing of a petition, the Town shall provide the Contractor with an opportunity to he heard at a public meeting and then the Town shah notify the Contractor in writing of its decision concerning the liquidated damages. The decision of the Town shall he Einal and non-appealable. If a protest or petition is not timely filed by the Contractor, or if the Town conchtdes that liquidated damages should he assessed, the Town shall deduct the liquidated daruages from the Town's next lrtyment to the Contractor for Collection Services. 6) Customer Sa•vice The Contractor shall maintain a customer service/dispatch office within the Town. T'he Contractor's office shall. he open for business, and the Contractor shall have personnel available for the purposes of dispatch, complaint resolution, and other matters, hetvveen the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturdays, or until the Contractor's last Collection vehicle returns to the Contractor's equipment yard, w(uchever is later. °I"he office shall be equipped with a two-way communication system that ctn he used to ccn~tact the Town, the Contractor's District iVlauager, the Conn-acror's Field Supervisor, and al.l the Contractor's Collection vehicles. A-S Appendix A 7) Record lCceoin>? and Reoortine The following logs shall be kept current and up-to-dare in an electronic database that is compatible with the Town's softw;u•e systems as well as in hardaipy form at the Contractor's office. The database shall be available for inspection by the 'T'own at any time during nonn;tl business hours. The information in the logs shall be provided to the Town, upon request, within one ("I } [~a}'. The general format and content of the Contractor's logs shall be subject to the Town's approval, g. Ennioment Maintenance Loe. 7'he Contractor shall keep a maintenance log for each vehicle and piece of equipment used for Collection Service. At a minurnun, the log shall show: the identification number for the vehicle or equipment; the dare and description of all routine maintenance activities; and the date and description of all repair activities. h. Non-Collection Notice t_oe. °T'he Contractor shall maintain a log of all occasions when Non-Collection Notices have been placed. The log shall include: the dare when the notice was placed; the Customer location; the Customer type (i.e., Residential yr Commercial); and the reason for each Non-Collection Notice. i. Legitimate Comvlaint Loa. The Contractor shall maintain a log of all Legitimate Complaints. 'The log shall include: the date and time when the Contractor 4vas notified by the Town; the Customer's location; the Customer type; a description of the aunplaint; the dare and tune when the complaint was resolved; and at least a one paragraph description of how the complaint was resolved. j. program Recyclables Lora. 'T'he Contractor shall maintain a log concerning the Program Recyclables that the Contractor collects in the 'T'own. The log shall uientify; the amount of Program Recyclables collected each month. in each community within the Town; the corresponding amotmts for the other areas in the service district; the name and location of rl}e Recycling Facilities where the Program Recyclables were delivered and the amounts that were delivered to each Recycling Facility. This itifornrariott shall 6e reported separate]y for each type of Recyclable rVlaCeriail. 'T'he Contractor's Ing shall clearly explain how the Contractor estimates the amount of Recyclable rMarerial in any inst;~nce where weight records are nor available. l<. White Goods Log. "T'he Contractor shall maintain a log concerning the White Goods collected by the Contractor. The log shall identify: the dare of Collection the Customer's location and the number and types of White Goods collected. A-6 Appendix A `}'ire Collection l,ok. T'he Contractor shall maintain a log concerning the hires collected by the Contractor tinder this Contract. `Che log shall identify: the date of Collection; the Custome+'s location; the type caf materials collected; and the appre~xirnate volume and weight of the materials collected. S) Educational Proerants 1'articij~rztion in Town Activities. The Contractvr shall participate in the 'T'own's Solid Waste program activities, included but not limited to: public appearances in support of the Town's P~ecycling Program; nse of die 'T'own's recycling theme, colors, and le>gos on Collection vehicles and containers; distribution of promotional literature; particrpatiort in special events; specia! educational presentations; and similar activities. 1111 literature shall include a Town phone number, approved by the Town. Prom rime ro time, bur not more than twelve times per year, the Contractor shall assist and/or support the Town at local special events (e.g., Earth Day). Exzunples include but are not limited to: using Collection vehicles a> participate in ]Deal parades; ;bringing Collection vehicles to special events; and providing staff to assist 't'own staff at va+•iot+s informational booths. The Contractor shall not be required to srtff booths more than a total of 60 Person hours per year. Usage o f Torun Themes and Logos. t}pon the Town's request, 'che Contractor shall display the Tovvn's recycling, waste reduction, and conservation themes and logos on signs (decal or painted} on designated Collection vehicles. lettering size shall be appropriate to the size of the sign. T'he Town shall approve the content, style, size, and fcum of such signs. 'T'he signs also shall he subject to the C«ntractc>+'s approval, which shall nor be unreasonably withheld. Distribution of Irtforrnation tui#1~ Recycling Containers. The Contractor shall distribute in.fornr<ttic7nal, promotional, and educational materials (e.g., brochures, newsletters, door hangers, etc.) provided by the Town. 'T'he materials shall be delivered to the Customer w+th the delivery of each new or replacement Recycling Gonttiner. Distribution of Irrfornration to Commercial Customers. The Conu•actor shall d+srrihute information to all Conunercial Customers regarding the Town's Recycling Program, Waste Reduction Program, Hazardous Waste collection priggram, and related matters- This information shall be distributed in ~~}arch a+td November of each Contract Year. 'T.'he form and content of this information shall be subject u> the Town's approval. A-7 Appendix A Production arrcl Distribution of Promotional and Edarcational Mnterial_ In addition. to the srtffing requirements outlined in the Contract, the Contractor shall expend at feast $25,000 per Conn•act Year assisting the Town with educational, pronu~tiotrtl, and public awareness activities, including, but not limited to the following: r\t its expense, the Contractor shall mail one (1) Solid Waste informational document, developed and published by the Town, to all Customers in the Contractor's Service llistricr. The document shall be distributed quarterly each Contract Year. 7•he Town shall give the Coruracror a minimum of four weeks notice prior to the ma+lutls. The Contractor shall perform mailings under the direction and to the satisfaction of the Town. At its expense, the Contractor shall distribute pre-printed promotional materials (e.g., brochures, newsletters, flyers, door hangers, magnets), up to four (4) tithes per Contract Year, w all customers in the Contractor's Service District. l"hese materials shall he developed and provided by the "1'i~wn to educate Residentia! and Commercial Customers about the proper methods to he used to set our their Solid Waste, Yard Trash, and Program Recyclables, and to provide other information concerning the Town's Solid Waste program. When determining whether the Contractor has satisfied its obligation ro spend $25,000 per Contract Year on educational activities, the -f•own shall consider and include the Contractor's out-of-pod<er costs for printing, publishing, and mailing educatirnial nr<~terials tc~ Customers pursuant to the Transition Periods, and end-of-servue dates outlined in the Contract. )) Transition Prior to Comrnenccment Date. T'he Contractor is responsible for ensuring a smooth transition in the Collection Service provided to Residential Customers and Commercial Customers on the Commencement Date. No later than a date to he determined, the Contractor shall submit to the Town a Transition Plan that contains a detailed description of how the Contractor will plan and prepat•e for the provision of Collection Service under this Contract. The 1'ransitian Plan is suhjert ro the approval of the Town. At a minimum, the Contractor must address the following specific performance requirements in the Transition Plan and accott~plish them according to the following deadlines: Dare: The Contractor and the Town. shall hoici the first Transition Plan tVleeti ng. Dare: The Contractor shall provide to the Town a Collection Plan, which shalt be subject to the approval of the "fawn. A-8 Appendix A Date: `the Contractor shall pt•ovide the Town with a revised Collection Plan, if necessary• Date: The Conrrtrror shall submit to the Town documentation denwnstratinb that all necessary vehicles, equipment, ant{ containers have been ordered and will be delivered to the Contractor's equipment yard no later than a date to be determined. Date: The Contractor and "T"own shall hold the second ~Cransition Planning Meeting. Uate: The Contractor shall provide the Town with a Contingency flan. Date: The Contractor shall provide to the Town a written safety plan covering all aspects of Contractrsrs operations under this Contract. Date: The Contractcx shall,confirm in writing to the Town than all of the vehicles and containers necessary to provide Collection Service have been delivered ro the Contractor's equipment yard. Date: The Contractor shall ranfirrn in writing u> the Town that all of the vehicles necessary to provide Collection Service halve been registered, licensed, and ragged, and other4vise are ready to perform in compliance with the requirements of this Contract. Date: 'The Contractor shall provide the Town with a vehicle and equipment list, which shall identify the make, type, year, license number, and identification number for each vehicle. Date: The Conu•actor shall deliver '1"own-approved brochures or other informational materials to Residential and Commercial Customers, informing them ahciut the Contractor's Collection Service and collection schedules. Transition Yrior to Expiration o f this Confircrct Should the Town choose not ro exercise -the renewal opnons of this Contractor should no renewal options renuiin, the Town anticipates awarding a new agreement at least six (6) rnonrhs prig to the expiration of this Contract. [n the event a new contract has not been awarded vvithiu such time h•ame, the Contrartor shall provide Collection Service to the Town for an additional ninety (90} da}=s after the exprration of this Contract, at the then established Rates, if the Town requests said service. The Contractor shall allow the Town's newly selected franchise haulers) to purchase, or rent for up to ninety (90) days, the Contractor's Connnercial A-9 Appendix A Containers. The purchase price andlor rental fee shall 6e negotiated. Prior to the expiration of dlis Contract, the Contractor shall work with the 7"c:nvn and the newly selected franchise haulers) to ensure a smooth transition period with no interruption or reduction of service. The C'.OnCraCTOr' shall ccmiply with the following perfcirmance requirements and deadlines: „_days prior Provide to the 'own and the selected franchisee a Commercial to expiration Container inventory, in a format acceptable to the Town that of Contract includes each container's loattion (street address}, capacity, idenrificatio^ number, collection frequency, Customer name, Customer contact infeirmation, and whether the container is owned by the Customer or the Contractor. Thereafter, the Contractor shall nor replace or exchange any Contractor-owned containers listed in the Commercial Container inventory, without the "1'e>wn's approval. -days prior Attend a coordination meeting with the selected franchisee and the to expiration Town. At the toordmation meeting, the Contractor shall provide a of Contract list of Contractor-owned containers that may he purchased by the selected franchisee. ^days prior Work with the selected Franchisee(s) ro develop a muncally ro expiration agreeable schedule For renu>val ol` Contractor-owned Commercial of Contract Containers and placement of the selected franchisee's containers. "I'he schedule shall ensure no interruption in C:o{leaion Service. _days prior Implement the schedule in cooperation with the selected fianchisee. to expiration of Contract 10) Dispute Resolution. The '}"o4vn and Contractor agree to cooperate and act in good faieh at all times when dealing with each other. if a dispute arises between the parties, the parties shall attempt to resolve their differences quickly and irtfonnally. If they are unable to do so, they shall seek relief by fallowing the procedures in Section 21, below, or by initiating a non-binding mediation process, pursuant to Section _, below. ALL CLAl1~IS, DISPtTI'ES ANI~ CONTROVERSIES ARISING OUT OF OR RELATED TO "!"HE PERFORc~IANCE, INTERPRF..~'ATION, APPLICATION OR ENFORCF,MENT OF T1-IIS CONTRACT', INCLUDING BL1T NO°f' L}MITED TO CLAIMS FOR PAY>VtENT AND CLAIMS FOR 6REACH Or TH1S CONTRACT, SHALL BE REhERRED TO NON-BINDING MEDIATION 6EFORE INITIATION OF ANY ADJUDICATIVE ACTION OR PROCEEDING, AT' LAV(~ OR IN EQUITY, L.INLESS 1T SHALL BE UNREASONABLE 'I'O DO SO OR AN EtVIERGENCY SITUA'T'ION OR A-10 Appendix A NECESSITY DICTATL,S OTHERWISE. A1..L APPLIGA.BLE SI'A'fUTES OF LIMITATION AND DEFENSES BASi:D ON THE PASSAGE OF TLML SHALL BE T'OI1.F17 W1-IILC T'HF.. MEDIATION PROCESS IS PENDING. THt: Pt1RTIES WILL `L'AKE ALL REASONABLE- MEASURES NF.,CESSARY 'I'O CFFF.,CTLIATL SL1CI1 TOLLING. The Contractor and the Town agree to participate fully in the mediation process and conscientiously attempt ro resolve their dispute. Except as provided belo~ ,each party shall bear its own expenses in connection with the mediation. Bath parries shall pay equally for the services of the mediator. The mediation shell take place in •}upiter, f lorida. Nor~n~ithstanding the fore};oing, if either party ternunates this Conh~act, the terminating party shall have the right, in its sole discretion, to proceed directly with litigation of any clarms or disputes relating to the termination for cause and m<ty include ocher claims and dis}>utes unrelated to the termination, and shall not he required to submit such claittts or <lisptrtes to the mediation. The parties agree that any claim filed in state or federal court concerning this Contract shall be heard b}' a judge, sitting tivithout a jury. 1'HL TOWN AND TI-IL•' CON"CRACTOR HEREBY KNOWINGLY, VOLUNTARLLI', AND PERMANENTLY WAIVE ANY R-GH'I' TI-IEY YIAY HAVE TO A JURY TRIAL CONCERNING THE PERFORMANCI~, INTERPRL'T'ATION, APPLICATION OR L-NFORCEiV1ENT OF THIS CONTRACT. h~ any iirigation concerning this Contract, the prevailing party shall recover its costs and reasonable attorney's fees from the non-prevailing party, including the tees and costs incun-ed in any 'trial, appeal, and mediation., if any, concerrtrng the issue(s) in dispute. lWhen a dispute between the 7 own and the Contractor is pending or threatened, the Contractor shall attempt to resolve the dispute with the Town iLlanager. If this arternpt is unsuccessful, either party may initiate anon- hinding medianon process, in accordance with the provisions of Section _, above. In addition, at anytnne during the dispute resolution. process, the Contractor may request the Town Manager to consider the disputed issue. The Contractor's written request shall 6e delivered to the Town Manager and it shall describe the Contractor's proposed solution for resolving the dispute. 'Tire Town Manager or their Authorized Representative may request, and the Contractor shall timely provide, aiiy additional information that is reasonably necessary to evaluate the disputed irate and the Contractor's proposal The Town Manager shall fully artd fairly consider the Conrr<tcror's proposal in a riinely manner. [Jpon req>iest, the Town N(anager shall meet with the Contractor and discuss its proposal. If the Town Manager rejects the A- I 1 Appendix A Contracto's proposal in whole or in part, the C;untrtcn~r may submit a written request to the Town Manager for an oppar•tuniry to present its proposed solution to the 't'own. Thereafter, the Contractor shall he allowed ro present its proposal to the '('own at a duly noticed public meeting. The Town may accept or reject the Contractor's proposal, or take other action that the Town deems appropriate, ul the Town's sole discretion. Operations During a Dispute If a dispute arises between the 'l'awn, the Contractor, or any other party concerning the Contractor's performance under this Contact, the Contractor shall continue to perform its duties in strict compliance with the terms and ronclitions of this Contract, regardless c~F the peni4ing dispute. 11) Future Chanties to the Town's Scrvicc. "hhe Town shall have the power to snake changes to the Contract relative to the scope and methods of providing Collection Services, when the Town deems it necessary and desirable for the public welfare. 7•he Town and the Contractor agree to enter into good faith negotiations to modify this Contract and the Rates, as necessary. The scope and method of providing Collection Services, as referenced herein, shall be lihera.lly construed to include, but not limited to the manner, procedures, operations anc{ obligations, financial or otherwise, of the Contractor. A-12 A,~i ~ ~a~ ~x~~~o~ t~ CD O N m ~ t!7 ti (Q ~ 6'> j ,~ M V' d' tf} ct'). t(7 CO i` ti ~ ooooooodoo tf) 0 . Q a~ ra. d v ~ `' a cfr ea cfl cs> F» cfl cfl ~ ~ cfl cfl N N N N rtf] N N N N N L M M M M (O M M M M M C O r r r ,N- r L Q~ Q N 7 Y v , a vv~rvu3vvv~rv .x , __ d as 3 L d a y rs Y V 'a a> o~nti~ui_aoocorr~ ~ ~r~rncor~oornMm ~ CO I~ ~ c0 ~. ~:~.0 N N M [{ _ ~~r r r r ~- r (Q a+ d .a •~ d R' b4 Ef-3 ftT fA ff3' 64 4R EA (fl EA "' N V 'L r+ ' y D Q Q ~ ~ `> N - Q U c ~, a. Q~ L. 1 ~ ,~ ~ ~ a ca ~; O ~ ~ N O c4 .~ ~ RS O ,~ O L'' 0. 'U ~ C ~ d' O m b fn lG ~ C1 .c `_~19:cEa~~~ ` ~ 3 . E L .~c a~ ~ o~am°Of°.an°..c°~~~ Q' EX~IIBIT "B" ig`z ~5 ? ~ `,-~ ~ ~ a a~§~r ~ ~ C '~ , 5 ° > ~: i ~ ~i ~ a '~ ~ ~ - - - - g' S ~ ~ o ~ m ,~ ~S 4 Y g ~ L. ~ x ~. s ~, ¢e ~; s x- R~ 4 s s~ $ 3 ~ a ~ a ~~ ~~ ¢~ :~ _ - - fi "i d w 4 ~ a~ .s _ P _ w ~ _ _ _ - _ ~ _ _ `~ K C'I F l' ~ l"~ _ s ~ r N r C ~ _ c (Z`. n e~~ y~- r _ _ ~ .. ~ _ .C ~ -- _ L _ 3 S = S 3 _ ~ - - - o- - - a ,. s_ ~ a 'L _ ~ _ m ~ ~. ~ i n 'J I~R_ ~r S= - $ _ ~ 8 _ F 8^. s, E Y •a a cF~,~> ~z. E .., ~ 3 i D 7 W r EXHIBIT "C" Solid Waste Aufhority 2006/2007 Proposed Budget Rate Schedule UNINCORPORATED AREA CONTRACT FEES The 2005/2006 Rates have not been reduced by any reserve subsidy. RESIDENTIAL COLLEC710N FEES Curbside Service 20 0 512 0 0 6 RRI Storms 2006!2007 Dist 1 WMI $166 !year $4 $50 S„ta~~ityear Dist 2 Onyx $i 59 /year $5 $50 ~` $~~tyear ~ Dist 3 Sunburst $130 !year $3 $50 ~ ~' /eat ~;~. ~ Y Dist4 Sunburst $129 /year $3 $50 /year Dlst5 WMI $139 /ear y $3 $50 ~` ~~;~ /year Dist 6 WMI $149 /year $3 $50 7~ !year Dist 7 Sunburst $163 /year $5 $50 ~ d/year " ~ ~~ DistB Onyx $309 !year $11 $97 ~ Y r4' /year Dist 9 Onyx $282 tyear $10 $50 ;.,'~ yyear Containerized Service 2005!2006 RRI Storms 2006!2007 Dist i Dist 2 WMI Onyx $56 /year $40 !year $2 $1 $0 -$0 M'tlyear ~~ ~/year Dist 3 Sunburst $52 ear ry $2 $0 5 -tyear Dlst 4 Sunburst $59 !year $2 $0 r3~lyear Dlst 5 WMI $50 !year $2 $0 ti5 -/year Dlst 6 WMI $41 /year $1 $0 ~ $~ (year Dist 7 Sunburst $40 /year $1 $0 ,$41/year ~ f Dist 8 Onyx $42 /year $1 $0 f ~ .F ~w9~•. !year Dist 9 Onyx $109 /year $4 $0 r ,. ° ~1t3s/year RRI (R efuse Rate I ndex) is the contractual annual in8atinn adjustment factor for the 2nd through 5th ye ars of the conVacts. Fiscal Year 2006!07 is the fourth year of the five year contract. COMMERCIAL COLLECTION FEES Standard Container 20 0 5120 06 RRI 200612007 Dist 1 WMI $0.99 /yard 3.88% 1'A3:~/yard Dist 2 Onyx $0.99 !yard 4 49°!a ,~ Qd~/yard Dist 3 Sunburst $1.66 /yard 4 64% $~ 3~~lyard Dist 4 Sunburst $1.34 !yard 4.45% ~ ~. ~~~~/yard Dist5 WMI $1,05 tyard 3.89% _ Q°tyard Distfi WMf $1.19 !yard 3.73% "" ~~ !yard Dlst 7 Sunburst $0.89 /yard 4 34°!0 ,~,I !yard Dis{6 Onyx $1.36 tyard 4,49% ~ ~~~ ~~ /yard Dist 9 onyx $2.08 Nard 449 /0 <='~ .;tyard ITEM Pale #~~' Solid Wasfe Authority 2006/2001 Proposed Budget Rate Schedule Dist 1 WMI Dist 2 Onyx Dist 3 Sunburst Dist 4 Sunburst DIstS WMl Dist 6 WMI Dist T Sunburst Dist B Onyx Dist 9 Onyx Compactor Container 2005120D6 (per CuYd) (per Pull} I 0-12 CY { >12 CY M $1.24 $114.78 $1.24 $145.86 $2.07 $94.28 $1.67 $93.90 $1.31 $102.10 $1.49 $101.90 $1.11 $104.68 $1.70 $135.59 $2.6D $156.04 RRI 21106/2007 (per CuYd) (per Pull} I 0.12 CY ~ >12 CY 3.86%i :. t~1~ tz ° .~r ;~, o ~ y~r 4.49% ,~. ,~i'i~'t.^"~t~ 4.64 /o ~" ~f 1 4 45% ~~,,,, ~ 389%~ "'" ~~~~~ St , 3.73% 4,34%;'k~s~ ~ .s 4.49%~~~ ~ ~ ~: ITEM Page # M EXHIBIT "D" 0 0 0 W N N A ~ fD N /~,~r V \i !j ~/ 1~ T ~ ~~~ __ ~ n . ___ ? ~r9 ~ ~ i 'd~ '.z ~L'L* /~`~n : I '~' / J ~ ° In ~ c 1 r~ I \ i .L __ ~._......,~\ ip ~. - ~ ' j o' c z yr `° ~ jz ; , O ~ a ~' o ~o~ ' L, '. v. fo /~ z~ y~3 _ ~, i _~.: O r }'H }C}~n.~ V l~~ O <`,' ~, r., ~I g~R A ~g~ ~t ~~fi ~~~°$sZ° ~ ~m~ f at~Nina~yIA ~~~ ~~g~~~~;av~~°~~~ 1 ~~~i£~~~~~~ 6~~5 q ~ Tag ~ $m°~ ~ N~~z'~~~a -- -_ ~~ Q ~ O O ~ o O N LO' W 'd T CJ7 A W N -~ (n -1 Z y ~ N (7 n ~ ~ ~ ~ ~ m ~ -~+ ~ ~ ~ ~ ~ D G7 ~ ~'. ~ n ? '~ ~ H a > > N p' (y O N ~ Z d _ N N Q7 - 3 3 3 ro to m ~ m m EXHIBIT "E" Town of Jupiter - 2006 Survey of Residents Annotated Survey -February 2006 Section T4~rce: AtzO~st Ersdividuai Services and Pragrarr~s 1 f1 How wo~aid you rate the quaBity of the follow'sng individual services provided by the Town EST Jtspi$er? Percent of respondents making rating exci 5at15 n.good poor Beach access 59.1 39.0 ~ 0.5 1.4 2003 n/a : n/a , n/a : n!a Drinking water 52.2 ._ 41.0 ,. 4.4 2.5 2003 ;~ 50 3 38 8 . - 6 7... 4.7_:. Garbage Collection 52.0 41.$ 4.0 2.2 2003''!.51.2. 43.9 - ' ,: 1.9 . 3.0 Collection of materials for recycling 51.3 44.1 _ ' 1.9 2.7 2003 ;55.0 `41.1 . 0.8 3.1 Parks maintenance 50.8 ' 46.1 1.7 1.4 2003 :'49.6 :,,46.3 ". ` 2.1 , 2.1 Police services 46.4 48.6 ,.. .. 3.3 1.6 2003 ~; 46.4. , 4b.8 . ,, , 3 4, , 4.5 Recreation programs .45.4 47.9 4.8 1.9 2003 youth programs .43.6 49.0 - 4.5 2.9 2003 senior programs ; _34:2 57.6 ~ 6.0 2.2 __..... Road beautification 41.2 50.9, 5.2 2.6 ___. 2003 39.7 .51,7 4.7 4.1 Storm water management 33.4 58.1 5.5 2.9 2003 24.5 60.1 10.2 5.3 Code Enforcement of codes: noise, t rash, old, cars, etc. 30.2 56.3 9.5 4.0 2003 21.8 64.1 7.4 .6.7 Road repair and maintenance 29.7 59.2 8.4 2.6 2003' 26.5 63.0 7.0 3.5 Traffic enforcement 29.3 53.3 9.9 7.5 2003 28.1 62.0 5.7 4.1 ~~sr~Ax, avc. Research and AnalyS;s - S;nce 1 qq1 Page 3 EXI~IBIT "F" ORDINANCE NO. 89-06 AN ORDINANCE OF THE TOWN OF JUPITER, FLORIDA, AMENDING THE EXCLUSIVE FRANCHISE FOR REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION AGREEMENT SERVICES WITH NICHOLS SANITATION, INC. WHEREAS, tl3e Tow~~ Council has the authority pursuant to Chapter 166, Florida Statutes, to establish franchises and enter into agreements for refuse, multi-material recycling and vegetative waste collection; and, WHEREAS, the Town Council of the Town of Jupiter deems it necessary and desirable to extend by Ordinance the exclusive franchise with Waste Management, Inc. {aka Nichols Sanitation) for the collection and disposal of solid waste within tine Town limits in accordance with the attached Amended Franchise Agreement entitled: Refuse, Multi- Material Recycling and vegetative Waste Collection Agi~eeme~it Between the Town of Jupiter, Florida and Waste Management, Inc.; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JUPITER, FLORIDA: Section I. The Jupiter Town Council hereby amends the exchsive franchise for refuse, multi-matez•iai and vegetative collection services agreement of February 28, 2007, with Nichols Sanitation, Inc., and clarifies the company's role instorm/disaster debris removal, reduction and disposal in accordance with the Amended Agreement attached hereto as Exhibit "A" a1~d made part of this Ordinance by reference. Section 2. The Mayor and the Town Clerk are hereby directed and authorized to execute the Amended Agreement for and in behalf of the Town of Jupiter. Section 3. Upon execution of the aforesaid Amended Agreement by Waste Management, Inc., by its President and Secretary, the same shall become the contract between the parties for sanitation services for the Town of Jupiter in accordance with the terms thereof. Section 4. This ordinance shall take effect upon.adoptiou. Title: Series ID: source: Release: seasonal Adjustment: Frequency: Units: Date Range: past updated: Notes: CPIAUCNS Consumer Price Index for All Urban Consumers: All Items CPIAUCNS U.S. Department of tabor: Consumer Price Index Not Seasonally Adjusted Monthly Index 1982-84=100 1921-01-O1 to 2006-07-O1 2006-08-16 10:35 AM CT Handbook of Methods - Bureau of labor statistics (http://stats.bls.gov:80/opub/hom/homchl7_itc.htm) Understanding the CPI: Frequently Asked Questions - (http://stats.bls.gov:80/cpi/cpifaq.htm) DATE VALUE 1921-O1-01 19.0 1921-02-01 18.4 1921-03-01 18.3 1921-04-O1 18.1 1921-OS-Ol 17.7 1921-06-01 17.6 1921-07-01 17.7 1921-08-01 17.7 1921-09-01 17.5 1921-10-01 17.5 1921-11-O1 17.4 1921-12-01 i7.3 1922-01-01 16.9 1922-02-O1 16.9 1922-03-01 16.7 1922-04-01 16.7 1922-OS-Ol 16.7 1922-06-01 16.7 1922-07-01 16.8 1922-08-01 16.6 1922-09-O1 16.6 1922-10-01 16.7 1922-11-01 16.8 1922-12-01 16.9 1923-01-01 16.8 1923-02-O1 16.8 1923-03-01 16.8 1923-04-O1 16.9 1923-05-01 16.9 1923-06-O1 17.0 1923-07-01 17.2 1923-08-O1 17.1 1923-09-O1 17.2 1923-10-O1 17.3 1923-11-O1 17.3 1923-12-01 17.3 1924-O1-01 17.3 1924-02-O1 17.2 1924-03-O1 17.1 1924-04-01 17.0 1924-05-01 17.0 1924-06-01 17.0 1924-07-01 17.1 1924-08-01 17.0 1924-09-01 17.1 1924-10-01 17.2 1924-11-01 17.2 Page 1 1924-12-01 17.3 1925-O1-Ol 17.3 1925-02-O1 17.2 1925-03-01 17.3 1925-04-O1 17.2 1925-05-O1 17.3 1925-06-01 17.5 1925-07-01 17.7 1925-08-O1 17.7 1925-09-01 17.7 1925-10-01 17.7 1925-11-01 18.0 1925-12-O1 17.9 192b-Ol-Ol 17.9 1926-02-O1 17.9 1926-03-O1 17.8 1926-04-41 17.9 1926-05-01 17.8 1926-06-01 17.7 192b-07-O1 17.5 1926-08-O1 17.4 1926-09-01 17.5 192b-10-O1 17.6 1926-11-O1 17.7 1926-12-01 17.7 1927-01-01 17.5 1927-02-01 17.4 1927-03-01 17,3 1927-04-01 17.3 1927-05-01 17.4 1927-Ob-O1 17.6 1927-07-01 17.3 1927-OS-O1 17.2 1927-09-O1 17.3 1927-10-01 17.4 1927-11-O1 17.3 1927-12-O1 17.3 1928-01-01 17.3 1928-02-01 17.1 192$-03-O1 17.1 1928-04-OI 17.1 192$-05-01 17.2 1928-06-O1 17.1 1928-07-01 17.1 1928-08-OZ 17,1 1928-09-01 17.3 1928-10-01 17.2 1928-11-O1 17.2 1928-12-01 17.1 1929-01-01 17.1 1929-02-01 17.1 1929-03-01 17.0 1929-04-01 16.9 1929-05-O1 17.0 1929-06-01 17.1 1929-07-01 17.3 1929-08-01 17.3 1929-09-O1 17.3 1929-10-01 17.3 1929-11-01 17.3 1929-12-OI 17.2 1930-01-01 17.1 1930-02-OI 17.0 CPIAUCNS Page 2 1930-03-01 16.9 1934-04-O1 17.0 1930-05-01 16.9 1930-06-01 16.8 1930-07-01 16.6 1930-08-01 16.5 1930-09-O1 16.6 1930-10-O1 16.5 1930-11-O1 16.4 1930-12-O1 16.1 1931-01-O1 15.9 1931-02-O1 15.7 1931-03-O1 15.6 1931-04-01 15.5 1931-05-01 15.3 1931-06-O1 15.1 1931-07-01 15.1 1931-OS-01 15.1 1931-09-01 15.0 1931-10-01 14.9 1931-11-O1 14.7 1931-12-01 14.6 1932-O1-01 14.3 1932-02-01 14.1 1932-03-OZ 14.0 1932-04-01 13.9 1932-05-O1 13.7 1932-06-01 13.6 1932-07-01 13.6 1932-08-01 13.5 1932-09-01 13.4 1932-10-O1 13.3 1932-11-O1 13.2 1932-12-01 13.1 1933-01-01 12.9 1933-02-01 12.7 1933-03-01 12.6 1933-04-O1 12.6 1933-05-O1 12.6 1933-06-01 12.7 1933-07-01 13.1 1933-08-01 13.2 1933-09-OI 13.2 1933-10-O1 13.2 1933-11-O1 13.2 1933-12-O1 13.2 1934-01-01 13.2 1934-02-01 13.3 1934-03-OI 13.3 1934-04-O1 13.3 1934-05-01 13.3 1934-06-01 I3.4 1934-07-01 13.4 1934-08-O1 13.4 1934-09-01 13.6 1934-10-01 13.5 1934-11-01 13.5 1934-12-O1 13.4 1935-O1-Ol 13.6 1935-02-O1 13.7 1935-03-01 13.7 1935-04-01 13.8 1935-05-O1 13.8 CPIAUCNS Page 3 1935-06-01 13.7 1935-07-01 13.7 1935-08-01 13.7 1935-09-01 I3.7 1935-10-01 13.7 1935-11-01 13.8 1935-12-01 13.8 1936-01-01 13.8 1936-02-O1 13.8 1936-03-O1 13,7 1936-04-01 13.7 1936-05-01 13.7 1936-06-01 13.8 1936-07-01 13.9 1936-08-01 14.0 1936-09-01 14.0 1936-10-01 14.0 1936-11-01 I4.0 1936-12-01 14.0 1937-O1-01 14.1 1937-02-01 14.1 1937-03-01 14.2 1937-04-01 14.3 1937-05-01 14.4 1937-06-01 14.4 1937-47-O1 14.5 1937-08-01 14.5 1937-09-O1 14.6 1937-10-01 14.6 1937-11-01 14.5 1937-12-01 14.4 1938-O1-01 14.2 1938-02-O1 14.1 1938-03-01 14.1 1938-04-01 14.2 1938-05-O1 14.1 1938-06-01 14.1 1938-07-O1 14.1 1938-OS-O1 14.1 1938-09-01 14.1 1938-10-01 14.0 1938-11-01 14.0 1938-12-01 14.0 1939-01-01 14.0 1939-02-01 13.9 1939-03-O1 13.9 1939-04-01 13.8 1939-05-O1 13.8 1939-06-01 13.8 1939-07-01 13.8 1939-08-01 13.8 1939-09-01 14.1 1939-10-01 14.0 1939-11-01 14.0 1939-12-01 14.0 1940-O1-01 13.9 1940-02-01 14.0 1940-03-01 14.0 1940-04-O1 14.0 1940-05-01 14.0 1940-06-01 14.1 1940-07-01 14.0 1940-08-O1 14.0 Page 4 CPIAUCNS 1940-09-01 14.0 1940-10-01 14.0 1940-11-01 14.0 1940-12-O1 14.1 1941-OZ-01 14.1 1941-02-01 14.1 1941-03-01 14.2 1941-04-01 14.3 1941-05-01 14.4 1941-06-O1 14.7 1941-07-O1 14.7 1941-08-01 14.9 1941-09-O1 15.1 1941-10-01 15.3 1941-11-01 15.4 1941-12-41 15.5 1942-O1-01 15.7 1942-02-01 15.8 1942-03-01 16.0 1942-04-O1 16.1 1942-05-O1 16.3 1942-06-O1 16.3 1942-07-01 16.4 1942-08-01 16.5 1942-09-01 16.5 1942-10-01 16.7 1942-11-01 16.8 1942-12-01 16.9 1943-01-01 16.9 1943-02-01 16.9 1943-03-O1 17.2 1943-04-O1 17.4 1943-05-01 17.5 1943-06-01 17.5 1943-07-01 17.4 1943-08-O1 17.3 1943-09-01 17.4 1943-10-01 17.4 1943-11-01 17.4 1943-12-O1 17.4 1944-O1-Ol 17,4 1944-02-01 17.4 1944-03-01 17.4 1944-04-01 17.5 1944-05-01 17.5 1944-06-01 17.6 1944-07-01 17.7 1944-08-01 17.7 1944-09-OZ 17.7 1944-10-O1 17.7 1944-11-01 17.7 1944-12-01 17.8 1945-01-O1 17.8 1945-02-01 17.8 1945-03-01 17.8 1945-04-01 17.8 1945-05-01 17.9 1945-06-O1 18.1 1945-07-01 18.1 1945-08-01 18.1 1945-09-O1 18.1 1945-10-01 18.1 1945-11-01 18.1 CPIAUCNS Page 5 1945-12-O1 18.2 1946-O1-Ol 18.2 1946-02-01 18.1 1946-03-01 18.3 1946-04-01 18.4 1946-05-01 18.5 1946-06-01 18.7 1946-07-01 19.8 1946-08-01 20.2 1946-09-01 20.4 1946-10-01 20.8 1946-11-O1 21.3 1946-12-01 21.5 1947-01-01 21.5 1947-02-01 21.5 1947-03-01 21.9 1947-04-01 21.9 1947-05-01 21.9 1947-06-01 22.0 1947-07-01 22.2 1947-OS-01 22.5 1947-09-01 23.0 1947-10-01 23.0 1947-11-01 23.1 1947-12-01 23.4 1948-O1-01 23.7 1948-02-01 23.5 1948-03-01 23.4 1948-04-01 23.8 1948-05-01 23.9 1948-06-01 24.1 1948-07-01 24.4 1948-08-01 24.5 1948-09-O1 24.5 1948-10-01 24.4 1948-11-01 24.2 1948-12-O1 24.1 1949-01-01 24.0 1949-02-01 23.8 1949-03-01 23.8 1949-04-01 23.9 1949-05-01 23.8 1949-06-01 23.9 1949-07-01 23.7 1949-08-01 23.8 1949-09-01 23.9 1949-10-01 23.7 1949-11-01 23.8 1949-1Z-O1 23.6 1950-O1-01 23.5 1950-02-01 23.5 1950-03-01 23.6 1950-04-01 23.6 1950-05-01 23.7 1950-06-O1 23.$ 1950-07-01 24.1 1950-08-01 24.3 1950-09-O1 24.4 1950-10-O1 Z4.6 1950-11-01 24.7 1950-12-01 25.0 1951-01-01 25.4 1951-02-O1 Z5.7 CPIAUCNS Page 6 1951-03-01 25.8 1951-04-01 25.8 1951-05-01 25.9 1951-06-01 25.9 1951-07-01 25.9 1951-08-01 25.9 1951-09-01 26.1 1951-10-01 26.2 1951-11-01 26.4 1951-12-01 26.5 1952-01-01 26.5 1952-02-O1 26.3 1952-03-01 26.3 1952-04-01 26.4 1952-05-01 26.4 1952-06-01 26.5 1952-07-01 26.7 1952-08-01 26.7 1952-09-01 26.7 1952-10-01 26.7 1952-11-O1 26.7 1952-12-01 26.7 1953-01-01 26.6 1953-02-O1 26.5 1953-03-01 26.6 1953-04-01 26.6 1953-05-01 26.7 1953-06-01 26.8 1953-07-O1 26.8 1953-08-01 26.9 1953-09-01 26.9 1953-10-01 27.0 1953-11-O1 26.9 1953-12-O1 26.9 1954-01-01 26.9 1954-02-01 26.9 1954-03-01 26.9 1954-04-01 26.8 1954-OS-Ol 26.9 1954-06-01 26.9 1954-07-01 26.9 1954-08-01 26.9 1954-09-01 26.8 1954-10-O1 26.8 1954-11-01 26.8 1954-12-01 26.7 1955-01-01 26.7 1955-02-01 26.7 1955-03-01 26.7 1955-04-O1 26.7 1955-OS-O1 26.7 1955-06-01 26.7 1955-07-01 26.8 1955-08-01 2b.8 1955-09-O1 26.9 1955-10-01 26.9 1955-11-O1 26.9 1955-12-O1 26.8 1956-01-01 26.8 1956-02-01 26.8 1956-03-01 26.8 1956-04-01 26.9 1956-05-O1 27.0 CPIAUCN5 Page 7 1956-06-01 27.2 1956-07-01 27.4 1956-0$-Ol 27.3 1956-09-01 27.4 1956-10-01 27.5 1956-11-01 27.5 1956-12-01 27.6 1957-01-01 27.6 1957-02-01 27.7 1957-03-01 27.8 1957-04-01 27.9 1957-05-O1 28.0 1957-06-01 28.1 1957-07-01 28.3 1957-08-O1 28.3 1957-09-01 28.3 1957-10-01 28.3 1957-11-01 28.4 1957-12-01 28.4 195$-01-01 28.6 1958-02-01 28.6 1958-03-01 28.8 1958-04-O1 28.9 1958-05-01 28.9 1958-06-01 28.9 1958-07-01 29.0 1958-OS-Ol 28.9 1958-09-01 28.9 1958-10-01 28.9 1958-I1-01 29.0 1958-12-01 28.9 1959-O1-01 29.0 1959-02-01 28.9 1959-03-O1 28.9 1959-04-01 29.0 1959-05-01 29.0 1959-06-OI 29.1 1959-07-01 29.2 1959-08-01 29.2 1959-09-01 29.3 1959-10-01 29.4 1959-11-01 29.4 1959-12-O1 29.4 1960-01-01 29.3 1960-02-01 29.4 1960-03-O1 29.4 1960-04-01 29.5 1960-05-01 29.5 1960-06-01 29.6 1960-07-01 29.6 1960-08-01 29.6 1960-09-01 29.6 1960-10-01 29.8 1960-11-01 29.$ 1960-12-01 29.8 1961-01-01 29.8 1961-02-01 29.8 19b1-03-01 29.8 1961-04-01 29.8 1961-05-O1 29.8 1961-06-O1 29.8 1961-07-01 30.0 1961-08-01 29.9 CPTAUCNS Page 8 1961-09-01 30.0 1961-10-O1 30.0 1961-11-O1 30.0 1961-12-01 30.0 1962-O1-Ol 30.0 1962-02-01 30.1 1962-03-01 30.1 1962-04-01 30.2 1962-05-01 30.2 1962-06-01 30.2 1962-07-O1 30.3 1962-08-01 30.3 1962-09-01 30.4 1962-10-01 30.4 1962-11-O1 30.4 1962-12-01 30.4 1963-O1-Ol 30.4 1963-02-01 30.4 1963-03-01 30.5 1963-04-O1 30.5 1963-05-O1 30.5 1963-06-01 30.6 1963-07-01 30.7 1963-08-01 30.7 1963-09-01 30.7 1963-10-O1 30.8 1963-11-01 30.8 1963-12-O1 30.9 1964-O1-Ol 30.9 1964-02-O1 30.9 1964-03-01 30.9 1964-04-O1 30.9 1964-05-01 30.9 1964-06-01 31.0 1964-07-01 31.1 1964-08-O1 31.0 1964-09-01 31.1 1964-10-01 31.1 1964-11-01 31.2 1964-12-01 31.Z 1965-01-O1 31.2 1965-02-01 31.2 1965-03-01 31.3 1965-04-01 31.4 1965-05-01 31.4 1965-06-01 31.6 1965-07-01 31.6 1965-08-01 31.6 1965-09-01 31.6 1965-10-01 31.7 1965-11-01 31.7 1965-12-01 31,8 1966-O1-Ol 31.8 1966-02-01 32.0 1966-03-01 32.1 1966-04-O1 32.3 1966-05-O1 32.3 1966-06-O1 32.4 1966-07-01 32.5 1966-OS-Ol 32.7 1966-09-01 32.7 1966-10-O1 32.9 1966-11-01 32.9 CPIAUCNS Page 9 1966-12-O1 32.9 1967-01-O1 32.9 1967-02-01 32.9 1967-03-01 33.0 1967-04-01 33.1 1967-05-01 33.2 1967-06-01 33.3 1967-07-01 33.4 1967-08-01 33.5 1967-09-01 33.6 1967-10-01 33.7 1967-11-01 33.8 1967-12-01 33.9 1968-01-01 34,1 1968-02-01 34.2 1968-03-01 34.3 1968-04-01 34.4 196$-05-01 34.5 1968-06-01 34.7 1968-07-01 34.9 1968-08-01 35.0 1968-09-01 35.1 196$-10-01 35.3 1968-11-01 35.4 1968-12-01 35.5 1969-O1-01 35.6 1969-02-01 35.8 1969-03-01 36.1 1969-04-01 36.3 1969-05-01 36.4 1969-06-01 36.6 1969-07-01 36.8 1969-08-01 37.0 1969-09-O1 37.1 1969-10-OZ 37.3 1969-11-01 37.5 1969-12-O1 37.7 1970-01-O1 37.8 1970-02-O1 38.0 1970-03-01 38.2 1970-04-01 38.5 1970-05-01 38.6 1970-06-01 38.8 1970-07-O1 39.0 1970-OS-01 39.0 1970-09-01 39.2 1970-10-01 39.4 1970-11-O1 39.6 1970-12-01 39.8 1971-O1-Ol 39.8 1971-02-O1 39.9 1971-03-01 40.0 1971-04-01 40.1 1971-05-01 40.3 1971-06-O1 40.6 1971-07-O1 40.7 1971-O8-Ol 40.8 1971-09-01 40.$ 1971-10-01 40.9 1971-11-01 40.9 1971-12-01 41.1 1972-01-01 41.1 1972-02-01 41.3 CPIAUCNS Page 10 1972-03-01 41.4 1972-04-01 41.5 1972-05-01 41.6 1972-06-01 41.7 1972-07-01 41.9 1972-08-01 42.0 1972-09-01 42.1 1972-10-01 42.3 1972-11-01 42.4 1972-12-01 42.5 1973-01-01 42.6 1973-02-O1 42.9 1973-03-01 43.3 1973-04-01 43.6 1973-05-01 43.9 1973-06-01 44.2 1973-07-01 44.3 1973-OS-01 45.1 1973-09-01 45.2 1973-10-O1 45.6 1973-11-O1 45.9 1973-12-41 46.2 1974-01-01 46.6 1974-02-O1 47.2 1974-03-01 47.8 1974-04-O1 48.0 1974-05-O1 48.6 1974-06-41 49.0 1974-07-O1 49.4 1974-0$-O1 50.0 1974-09-01 50.6 1974-10-01 51.1 1974-11-OZ 51.5 1974-12-01 51.9 1975-01-01 52.1 1975-02-01 52.5 1975-03-O1 52.7 1975-04-O1 52.9 1975-OS-Ol 53.2 1975-06-01 53.6 1975-07-OZ 54.2 1975-08-01 54.3 1975-09-01 54.6 1975-10-01 54.9 1975-11-O1 55.3 1975-12-01 55.5 1976-01-01 55.6 1976-02-01 55.8 1976-03-01 55.9 1976-04-01 56.1 1976-05-01 56.5 1976-06-01 56.8 1976-07-O1 57.1 1976-08-O1 57.4 1976-09-01 57.6 1976-10-01 57.9 1976-11-01 58.0 1976-12-O1 58.2 1977-01-O1 58.5 1977-02-01 59.1 1977-03-O1 59.5 1977-04-01 60.0 1977-05-01 60.3 CPTAUCNS Page 11 1977-06-01 60.7 1977-07-01 61.0 1977-08-01 61.2 1977-09-01 61.4 1977-10-O1 61.G 1977-11-O1 61.9 1977-12-01 62.1 1978-01-01 62.5 1978-02-01 62.9 1978-03-01 63.4 1978-04-01 63.9 1978-05-01 64.5 1978-06-01 65.2 1978-07-01 65.7 1978-08-01 66.0 1978-09-01 66.5 1978-10-01 67.1 1978-11-O1 67.4 1978-12-01 67.7 1979-O1-01 6$.3 1979-02-O1 69.1 1979-03-01 69.8 1979-04-01 70.6 1979-05-01 71.5 1979-06-01 72.3 1979-07-01 73.1 1979-08-O1 73.8 1979-09-O1 74.6 1979-10-O1 75.2 1979-11-O1 75.9 1979-12-O1 76.7 1980-O1-01 77.8 1980-02-01 78.9 1980-03-01 80.1 19$0-04-O1 81.0 1980-05-01 81.8 19$0-06-O1 82.7 1980-07-01 82.7 1980-08-O1 83.3 1980-09-01 84.0 1980-10-01 84.8 1980-11-01 85.5 1980-12-01 86.3 1981-01-01 87.0 1981-02-O1 87.9 1981-03-O1 88.5 1981-04-O1 89.1 1981-05-O1 89.8 1981-06-O1 90.6 1981-07-01 91.6 1981-08-01 92.3 19$1-09-01 93.2 1981-10-O1 93.4 1981-11-O1 93.7 1981-12-01 94.0 1982-01-01 94.3 1982-02-O1 94.6 1982-03-01 94.5 1982-04-01 94.9 1982-05-O1 95.8 1982-06-01 97.0 1982-07-O1 97.5 1982-08-01 97.7 CPiAUCNS Page 12 1982-09-O1 97.9 1982-10-01 98.2 1982-11-01 98.0 1982-12-01 97.6 1983-O1-Ol 97.8 1983-02-01 97.9 1983-03-01 97.9 1983-04-O1 98.6 1983-05-O1 99.2 1983-06-01 99.5 1983-07-O1 99.9 1983-08-01 140.2 1983-09-01 100.7 1983-10-01 101.0 1983-11-01 101.2 1983-12-01 101.3 1984-01-01 101.9 1984-02-01 102.4 1984-03-O1 102.6 1984-04-01 103.1 1984-05-01 103.4 1984-06-01 103.7 19$4-07-01 104.1 1984-08-01 104.5 1984-09-01 105.0 1984-10-01 105.3 1984-I1-01 105.3 1984-12-01 105.3 1985-01-01 105.5 1985-02-01 106.0 1985-03-01 106.4 1985-04-O1 106.9 1985-05-01 107.3 1985-06-01 107.6 1985-07-01 107.8 1985-08-01 108.0 1985-09-01 108.3 1985-10-O1 108.7 1985-11-01 109.0 1985-12-01 109.3 1986-O1-01 109.6 1986-02-01 109.3 1986-03-01 108.8 1986-04-01 108.6 1986-05-O1 108.9 1986-06-01 109.5 1986-07-O1 109.5 1986-08-01 109.7 19$6-09-O1 110.2 1986-10-01 110.3 1986-11-01 110.4 1986-12-01 110.5 1987-01-01 111.2 1987-02-O1 111,6 1987-03-01 112.1 1987-04-01 112.7 1987-05-01 113.1 19$7-06-01 113.5 1987-07-01 113.8 1987-OS-O1 114.4 1987-09-01 115.0 1987-10-01 115.3 1987-11-01 115.4 CPIAUCNS Page 13 1987-12-01 115.4 1988-O1-01 115.7 1988-02-O1 116.0 1988-03-01 116.5 1988-04-01 117.1 1988-05-01 117.5 1988-06-O1 118.0 19$$-07-O1 118.5 1988-08-01 119.0 1988-09-01 119.$ 1988-IO-01 120.2 1988-11-01 120.3 198$-12-01 120.5 1989-O1-01 121.1 1989-02-01 121.6 1989-43-01 122.3 1989-04-01 123.1 1989-05-01 123.8 1989-Ob-01 124.1 1989-07-01 124.4 1989-08-01 124.6 1989-09-01 125.0 1989-10-01 125.6 1989-11-O1 125.9 1989-12-01 126.1 1990-01-01 127.4 1990-02-O1 128.0 1990-03-01 128.7 1990-04-01 128.9 1990-05-O1 129.2 1990-Ob-O1 129.9 1990-07-01 130.4 1990-08-01 131.6 1990-09-01 132.7 1990-10-01 133.5 1990-11-01 133.8 1990-12-O1 133.8 1991-01-01 134,6 1991-02-01 134.8 1991-03-01 135.0 1991-04-01 135.2 1991-OS-O1 135.6 1991-06-01 136.0 1991-07-O1 136.2 1991-08-01 136.6 1991-09-01 137.2 1991-10-01 137.4 1991-11-01 137.8 1991-12-01 137.9 1992-01-01 138.1 1992-02-01 138.6 1992-03-01 139.3 1992-04-O1 139.5 1992-OS-O1 139.7 1992-Ob-O1 140.2 1992-07-O1 140.5 1992-O8-OZ 140.9 1992-49-O1 141.3 1992-10-O1 141.8 1992-11-01 142.0 1992-12-01 141.9 1993-01-01 142.6 1993-02-O1 143.1 CPIAUCNS Page 14 1993-03-41 143.6 1993-04-01 144.0 1993-05-01 144.2 1993-06-01 144.4 1993-07-O1 144.4 1993-08-01 144.8 1993-09-01 145.1 1993-10-O1 145.7 1993-11-01 145.8 1993-12-01 145.8 1994-O1-01 146.2 1994-02-01 146.7 1994-03-01 147.2 1994-04-01 147.4 1994-OS-01 147.5 1994-06-01 148.0 1994-07-01 148.4 1994-08-01 149.0 1994-09-01 149.4 1994-10-O1 149.5 1994-I1-01 149.7 1994-12-O1 149.7 1995-O1-01 150.3 1995-02-01 150.9 1995-03-01 151.4 1995-04-01 151.9 1995-05-O1 152.2 1995-06-01 152.5 1995-07-01 152.5 1995-08-O1 152.9 1995-09-O1 153.2 1995-10-01 153.7 1995-11-01 153.6 1995-12-O1 153.5 1996-01-01 154.4 1996-02-01 154.9 1996-03-01 155.7 1996-04-01 156.3 1996-OS-01 156.6 1996-06-01 156.7 1996-07-01 157.0 1996-OS-O1 157.3 1996-09-01 157.8 1996-10-O1 158.3 1996-11-O1 158.6 1996-12-01 158.6 1997-01-01 159.1 1997-02-01 159.6 1997-03-01 160.0 1997-04-O1 160.2 1997-05-O1 160.1 1997-06-OZ 160.3 1997-07-01 160.5 1997-08-01 160.8 1997-09-O1 161.2 1997-10-O1 161.6 1997-11-O1 161.5 1997-12-01 161.3 1998-01-01 161.6 1998-02-O1 1b1.9 1998-03-O1 162,2 1998-04-01 162.5 1998-05-01 162.8 CPIAUCNS Page 15 1998-06-01 153.0 1998-07-01 163.2 1998-08-01 163.4 1998-09-01 163.6 1998-10-01 164.0 1998-11-01 164.0 1998-12-01 163.9 1999-OZ-01 164.3 1999-02-01 164.5 1999-03-01 165.0 1999-04-01 166.2 1999-05-O1 166.2 1999-06-01 166.2 1999-07-01 166.7 1999-08-O1 167.1 1999-09-O1 167.9 1999-10-01 168.2 1999-11-01 168.3 1999-12-01 168.3 2000-01-01 168.8 2000-02-O1 169.8 2000-03-01 171.2 2000-04-01 171.3 2000-05-01 171.5 2000-06-O1 172.4 2000-07-01 172.8 2000-08-01 172.8 2000-09-O1 173.7 2000-10-01 174.0 2000-11-01 174.1 2000-12-01 174.0 2001-01-01 175.1 2001-02-01 175.8 2001-03-01 176.2 2001-04-01 176.9 2001-05-O1 177.7 2001-06-01 178.0 2001-07-01 177.5 2001-08-01 177.5 2001-09-O1 178.3 2001-14-O1 177.7 2001-11-O1 177.4 2001-12-O1 176.7 2002-01-01 177.1 2002-02-01 177.8 2002-03-01 178.8 2002-04-01 179.8 2002-05-01 179.8 2002-06-01 179.9 2002-07-01 180.1 2002-08-01 180.7 2002-09-01 181.0 2002-10-01 181.3 2002-11-01 181.3 2002-12-01 180.9 2003-01-01 181.7 2003-02-O1 183.1 2003-03-O1 184.2 2003-04-01 183.8 2003-05-01 183.5 2003-06-01 183.7 2003-07-01 183.9 2003-08-01 184.6 CPIAUCNS Page 16 2003-09-01 185.2 2003-10-d1 185.0 2003-11-01 184.5 2003-12-01 184.3 2004-O1-01 185.2 2004-02-01 186.2 2004-03-01 187.4 2004-04-01 188.0 2004-05-01 189.1 2004-06-01 189.7 2004-07-01 189.4 2004-OS-01 189.5 2004-09-01 189.9 2004-10-01 190.9 2004-11-01 191.0 2004-12-01 190.3 2005-01-01 190.7 2005-02-01 191.8 2005-03-O1 193.3 2005-04-d1 194.6 2005-05-01 194.4 2005-06-01 194.5 2005-07-d1 195.4 2405-08-01 196.4 2005-09-01 198.8 2005-10-01 199.2 2005-11-O1 197.6 2005-12-01 196.8 2006-O1-01 198.3 2006-02-01 198.7 2006-03-01 199.8 2006-04-01 201.5 2006-05-O1 202.5 2006-06-01 202.9 2006-07-01 203.5 CPIAUCNS Page 17 SECOND AMENDMENT TO FRANCHISE AGREEMENT THIS SECOND AMENDMENT TO FRANCHISE AGREEMENT is made this day of 2006 by and between the TOWN OF JUPITER, FLORIDA, a municipal corporation ("Town") and WASTE MANAGEMENT INC. OF FLORIDA, (WMIF) Nichols Sanitation, lnc, ("Contractor"}. WITNESSETH WHEREAS, the Town and Contractor are parties to that certain Franchise Agreement dated August 7, 2001, which provides for solid waste collection services with the Town boundaries (the "Franchise Agreement"); and WHEREAS, the Franchise Agreement has been previously extended and modified; and WHEREAS, the parties desire to extend the term and make additional modifications to the Franchise Agreement. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Term of Franchise. Section 3. of the Franchise Agreement is deleted and replaced with the following: "Subject to the termination rights of the Town, this franchise shall remain in full force and effect until September 30, 2012; provided furthermore, this franchise may thereafter be renewed for consecutive seven (7) year periods upon the same terms, conditions and limitations imposed hereby, Contractor shall give notice to the Town of an intent to extend this Franchise Agreement at the end of the term, which notice shall be delivered to the Town by Certified Mail, Return Receipt Requested, not later than one hundred and eighty (180) days prior to termination. For purposes of such notification, the Towri s address shall be: Town Clerk, Town of Jupiter, 210 Military Trail, Jupiter, Florida 33458." 2. Residential Bulk Pickup. Section ~ is amended by deleting the last two sentences of the paragraph and replacing same with the following: "Contractor shall collect up to 15 cubic yards of bulk items once per week on a day scheduled by Contractor. All bulk items shall be of the size and weight so as to be handled by Contractor's "clam h•uck". Bulk materials in excess of 15 cubic yards shall be collected by the Contractor provided that the resident pays Contractor for collection of the excess at $11.00 per cubic yard; such payment shall be made at the time the Contractor provides the service. The Contractor shall not be responsible for nor have an obligation to collect, transport or dispose of debris or other waste material from a hurricane, severe storm or other natural or man-made disaster unless the Town enters into a written agreement with Contractor specifying the terms and compensation for such services. " 3. Annual Review. Section i is deleted and replaced with the following: "Commencing on the anniversary date of this Agreement, and each year thereafter, the rates shall be adjusted utilizing the indexing procedures provided for herein. The rates shall be adjusted on the basis of one hundred (100%) percent of any increase or decxease in the cost of living as reported in the Consumer Price Index for all urban consumers (U. S. Town average-1967 =100, all items, Bureau of Labor Statistics of the United States Department of Labor), (the "Index"). The new rates shall be calculated multiplying the existing rates by a fraction, the numerator of which shall be the index for the month of July prior to the respective anniversary date and the denominator of which shall be the index for the month of July, in the previous year. If the Index becomes unavailable, a reasonable substitute, as prepared by the United States Department of Labor or comparable federal agency shall be used. Contractor shall provide the Town with prior written notice of any rate adjustment due to the change in the Index with a detailed calculation of how the new rates vtTere determined together with documentation evidencing the adjustment. The Contractor shall also identify the amount and the reason for the rate adjustment on the next invoice sent to the customers after the rate adjustment. Further, WMIF shall, on a quarterly basis, adjust the applicable rate charged to reflect any change in the cost of diesel fuel as determined by reference to the Energy Information Administration of the US Department of Energy ("EIA/DOE") website that reports average prices of diesel fuel for the "Lower Atlantic" United States. The link is as follows: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp . After determining the average price of diesel fuel from the aforesaid website ("EIA/DOE fuel cost"}, the corresponding fuel cost modifier will be calculated pursuant to the following table: DOE WM DOE WM DOE WM DOE WM avg. at Surcharge avg. at Surcharge avg. at Surcharge avg. at Surcharge Least % Least % Least % Least °!o 0.95 0.00 1.47 2.60 1.99 5.20 2.51 7.80 0.96 0.05 1.48 2.65 2.00 5.25 2.52 7.85 0.97 0.10 1.49 2.70 2.01 5.30 2.53 7.90 0.98 0.15 1.50 2.75 2.02 5.35 2.54 7.95 0.99 0.20 1.51 2.80 2.03 5.40 2.55 8.00 1.00 0.25 1.52 2.85 2.04 5.45 2.56 8.05 1,01 0.30 1.53 2.90 2.05 5.50 2.57 8.10 1.02 0.35 1.54 2.95 2.06 5.55 2.58 8.15 1.03 0.40 1.55 3.00 2.07 5.60 2.59 8.20 1.04 0.45 1.56 3.05 2.08 5.65 2.60 8.25 1.05 0.50 1.57 3.10 2.09 5.70 2.61 8.30 1 AG !l CC y G~ '~ i C ^f ~ A C ~C '1 G'f O 7C 1.07 0.60 1.59 3.20 2.11 5.80 2.63 - 8.40 1.08 0.65 1.60 3.25 2.12 5.85 2.64 8.45 1.09 0.70 1.61 3.30 2.13 5.90 2.65 8.50 1.10 0.75 1.62 3.35 2.14 5.95 2.66 8.55 1.11 0.80 1.63 3.40 2.15 6.00 2.67 8.60 1.12 0.85 1.64 3.45 2.16 6.05 2.68 8.65 1.13 0.90 1.65 3.50 2.17 6.10 2.69 8.70 1.14 0.95 1.66 3.55 2.18 6.15 2.70 8.75 1.15 1.00 1.67 3.60 2.19 6.20 2.71 8.80 1.16 1.05 1.68 3.65 2.20 6.25 2.72 8.85 1.17 1.10 1.69 3.70 2.21 6.30 2.73 8.90 1.18 1.15 1.70 3.75 2.22 6.35 2.74 8.95 1.19 1.20 1.71 3.80 2.23 6.40 2.75 9.00 1.20 1.25 1.72 3.85 2.24 6.45 2.76 9.05 1.21 1.30 1.73 3.90 2.25 6.50 2.77 9.10 1.22 1.35 1.74 3.95 2.26 6.55 2.78 9.15 1.23 1.40 1.75 4.00 2.27 6.60 2.79 9.20 1.24 1.45 1.76 4.05 2.28 6.65 2.80 9.25 1.25 1.50 1.77 4.10 2.29 6.70 2.81 9.30 1.26 1.55 1.78 4.15 2.30 6.75 2.82 9.35 1.27 1.60 1.79 4.20 2.31 6.80 2.83 9.40 1.28 1.65 1.80 4.25 2.32 6.85 2.84 9.45 1.29 1.70 1.81 4.30 2.33 6.90 2.85 9.50 1.30 1.75 1.82 4.35 2.34 6.95 2.86 9.55 1.31 1.80 1.83 4.40 2.35 7.00 2.87 9.60 1.32 1.85 1.84 4.45 2.36 7.05 2.88 9.65 1.33 1.90 1.85 4.50 2.37 7.10 2.89 9.70 1.34 1.95 1.86 4.55 2.38 7.15 2.90 9.75 1.35 2.00 1.87 4.60 2.39 7.20 2.91 9.80 1.36 2.05 1.88 4.65 2.40 7.25 2.92 9.85 1.37 2.10 1.89 4.70 2.41 7.30 2.93 9.90 1.38 2.15 1.90 4.75 2.42 7.35 2.94 9.95 1.39 2.20 1.91 4.80 2.43 7.40 2.95 10.00 1.40 2.25 1.92 4.85 2.44 7.45 2,96 10.05 1.41 2.30 1.93 4.90 2.45 7.50 2.97 10.10 1.42 2.35 1.94 4.95 2.46 7.55 2.98 10.15 1.43 2.40 1.95 5.00 2.47 7.60 2.99 10.20 1.44 2.45 1.96 5.05 2.48 7.65 3.00 10.25 1.45 2.50 1.97 5.10 2.49 7.70 1.46 2.55 1.98 5.15 2.50 7.75 In addition, the Contractor may petition the Town to increase its fees based upon unusual increases in the cost of doing business or a change in law or regulation • ("Change in Law'). A request for increase for Change in Law may be made at any time such change occurs. A request for change in cost of doing business may be made not more than once each year. Any such request shall be supported by full documentation establishing the increase in operating costs and the reasons therefor. The Tawn shall be entitled to audit the Contractor's financial and operational records directly related to the Operator's request in order to verify the increase in costs and the reasons therefor. "Change in Law" means (I) the adoption, promulgation, or modification after the date of this Agreement of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the date of this Agreement, or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the date of this Agreement ,which in the case of either (I) or (II) establishes requirements affecting the Contractor's operarion under this Agreement more burdensome than the requirements that are applicable to Contractor and in effect as of the date of this Agreement. A change in any federal, State, county, or other tax law or workers compensation law shall not be a Change of Law. However, in the event that a federal, state or local entity imposes a fee, charge or tax after the date of this Agreement that applies to Contractor's operations per se, such fee, charge or tax shall be heated as a Change in Law. The Contractor's request must be made within one hundred twenty (120) days of the occurrence of such change or cost, and shall contain reasonable proof and justification to support the need for the rate adjustment. The Town may request from the Contractor, and the Contractor shall provide, such further information within its possession as may be reasonably necessary in making its determination. The Town shall approve or deny the request, in whole or in part, within sixty- (60) days of receipt of the request and all other additional information required by the City. The Town shall make a reasonable determination based upon the documentation provided in reaching its decision." 4. Force Maieure. New Section _ is added: The performance of this Agreement may be suspended and the obligations of either party excused in the event of and during the period that such performance is prevented or delayed by a force majeure occurrence. "Force Majeure" shall mean: (a) An act of God, including hurricanes, tornadoes, landslides, lightning, earthquakes, fire, flood, explosion, sabotage or similar occurrence, acts of a public enemy, extortion, war, blockade or insurrection, riot, or civil disturbance; (b) The order or judgment of any federal, State, or local court, administrative agency or governmental body (excluding decisions of federal courts interpreting federal tax laws, and decisions of State courts interpreting State tax laws) if it is not also the result of the willful misconduct or negligent action or inaction of the party relying thereon or of a third party for whom the party relying thereon is responsible; provided that neither the contesting in good faith of any such order or judgment nor the failure to so contest shall constitute or be construed as a measure of willful misconduct or negligent action or inaction of such party; (c) The failure to issue, suspension, termination, interruption, denial, or failure of renewal of any perrrut or approval essential to the operation of the Conhactor; (d) A Change in Law. (e) The failure of any appropriate federal, State, County, or local public agency or private utility or similar entity having operational jurisdiction in the area in which the Landfill is located, to provide and maintain utilities, services, water and sewer lines, transportation or similar function and power transmission lines which are required for and essential to the operation of the Landfill; (f) The condemnation, taking, seizure, involuntary conversion, or requisition of title to or use of the designated facility or any material portion or part thereof taken by the action of any federal, State or local governmental agency or authorities. As a condition precedent to the right to claim excuse of performance, the party experiencing a Force Majeure event shall: (a) Promptly notify the other party verbally; and (b) As soon as practical, but in no event more than ten (10) days thereafter, prepare and deliver to the other party a written notice with a written description of (1) the commencement of the Force Majeure event, (2) its estimated duration impact on the party's obligations, under this Agreement. Whenever a Force Majeure event shall occur, the parties shall, as quickly as possible, to the extent reasonable, eliminate the cause and resume performance under this Agreement. Additionally, either party shall provide prompt Notice to the other of the cessation of a Force Majeure event. 5. Schedule A. Schedule A (Rates} is deleted and replaced with new Schedule A annexed hereto. 6. All provisions of the Agreement not specifically modified herein shall remain in full force and effect. IN WITNESS WHEREOF, the undersigned set their hands and seals this _ day of 2005. Attest: Waste Management Inc. of Florida by: Attest: Town of Jupiter, Florida Town Clerk by: Mayor APPROVED FOR LEGAL SUFFICIENCY: Town Attorney O WASTE MANAGEMENT EXHIBIT III HURRICANE/DISASTER DEBRIS REMOVAL OPERATING PLAN TOWN OF JUPITER 2006-2007 By: Waste Management Inc. of Florida APPROACH AND METHODOLOGY TO PROVIDE TASKS SPECIFIED IN EXHIBIT III - DISASTER RESPONSE, DEBRIS REDUCTION, REMOVAL AND DISPOSAL REQUIREMENTS SECTION I A. SUMMARY 1. The Hurricane/Disaster Debris Removal Operating Plan (DROP) describes Waste Management, Inc. of Florida's (WMIF) approach and methodology to plan and execute the tasks of Debris Management including collection, loading, hauling, and disposal of debris due to a natural disaster event. 2. Waste Management, Inc. of Florida- Nichols Sanitation is the local operating district for WMIF and will be the "prime" contractor responsible to the Town of Jupiter and its designee. WMIF will perform all administration, and project management, subcontracting services to support an efficient operation to expedite the removal of debris. 3. WMIF will execute proper clearing, staging, removal and disposal of storm generated debris, in accordance with the Palm Beach County Solid Waste Authority's (SWA) Debris Management Plan. 4. The Town of Jupiter is in Debris Zone 2 (of the 12 Palm Beach County disaster debris zones). The Solid Waste Authority Debris Management Plan lists Dyer Landfill as the publicly owned debris management site for the northern portion of Palm Beach County. Dyer Landfill is located on the south side of Beeline Highway, in Riviera Beach, Florida. 5. As part of this plan WMIF will perform temporary debris staging/reduction as necessary, and to facilitate this task area specific, publicly and privately owned parcels of land have been identified by the Town and the Solid Waste Authority as potential temporary debris management sites. It is at the sole discretion of the Town to identify (host) and designate the Temporary Debris Site and operator. This may be in conjunction with the PBCSWA Debris Management Plan or interlocal agreement. 6. WMIF is pleased to present this DROP and be of service to the Town of Jupiter. B. PRE-EVENT PLANNING 1. WMIF will initiate pre-planning for the Jupiter Disaster Response prior to receipt of a Task Order (Attachment A). The contacts for the Town, WMIF, are included in this DROP for response and communication purposes (Attachment B). 2. The District Manager is responsible for executing WMIF DROP. The District Manager plays a critical role in determining the immediate personnel and equipment needs for the affected area. Page 2 of 13 The pre-planning phase includes, but is not limited to, the following steps to ensure compliance with contract requirements. Annually, during the first week of June each year, the District Manager will notify The Town of Jupiter's Emergency Management staff of the updated, 24 hour on-call emergency telephone numbers and Nextel radio numbers. An electronic linl: will be established with the designated member of the Town's Emergency Operations Center (EOC). 4. Plan and execute a mock event or walk through with the respective parties and department participation. Conduct the pre event review of the source documents (load ticket, task order, etc.) to understand the process and specific roles and responsibilities. Within 48 hours of a predicted storm event, the District Manager will specifically address the following issues to the Town: a) Personnel staffing in the local area available for recovery operations. b) Pre-assigned equipment available for use in Jupiter and in the local area. c) Review existing client base in the local area to determine service capacity available to Jupiter. d) Landfill/Transfer Station locations, hours of operation, and availability in the local area. e) Initial notification/contact of major subcontractors committed to WMIF in the local area. f) Coordinate with SWA and review advisories concerning similar information on County sites and personnel, as well as shelter requirements, points of contact, disposal sites, etc. g) Coordinate with the Town available land for temporary Debris Staging h) Sites and Equipment Staging if necessary. i) ID streets with limited access- small width, dead end, proximal ditches... j) Project Administration/Accountability- Emergency Clearing (first 72 hr) k) Daily Inspector logs, Volume Based Crew loading/hauling/disposal logs and truck vehicle decals 1) Pre printed Load Tickets, WMIF review and assistance with FEMA required submittals for reimbursement. m) The Town's designated location to meet/stage equipment immediate Post- Storm event. WMIF on-call staff will be on a 24-hour alert from this point forward. All Communications (two- way radios, cell phones. Emails, fax numbers) will be verified. Concurrently, WMIF will review the support subcontractor's equipment and supplies, and the Health and Safety Plans (HASP). 6. WMIF staff will assign and mobilize all resources as needed, to inspect and secure staging areas, based on storm movement and agreement with the Town officials. Page 3 of 13 SECTION 2. POST STORM EVENT A. MOBILIZATION 1. After the event has passed, WMIF will immediately mobilize to the affected area. The WMIF District Manager or his designee will arrive at the designated Post-Storm meeting location, at the event's conclusion and initiate recovery activities as conditions permit. 2. The District Manager will immediately meet with Town officials in the Town's Municipal Complex Emergency Operations Center. WIv1IF will provide a grid map depicting the affected area. WMIF and Town Officials will conduct debris Estimating and Zone/Grid Assignments within six hours after the event's conclusion. B. DAMAGE ASSESSMENT 1. A damage assessment/estimate under the guidance and support of the Town's designated Debris Manager will be initiated. This will include windshield surveys, and manual estimating utilizing the miles of city streets, number of homes that qualify for right-of--entry debris removal operations, and debris type. 2. At this time WMIF will also assist with identification of expenditures eligible for reimbursement. These may include- Parks/Recreation, Utilities, Buildings/Equipment, Water Control facilities. This task will not affect debris collection, removal and disposal priorities. 3. When the damage assessment is complete, WMIF and the Town Representative, will meet again to discuss recovery operations, (priority areas, monitors, debris site operations and support crews) required. 4. Immediate subsequent to the damage assessment, the District Manager will notify WM disaster response staff, and support crews of staffing and equipment required. Due to local demographics limited types of equipment may be necessary to provide adequate removal. 5. During the damage assessment a temporary Staging and debris reduction area may be deemed necessary. If determined, those temporary staging/reduction areas will be located, and environmentally assessed to location, size required, and points of ingress and egress. 6. Local personnel from the WMIF Hobe Sound district will arrive first, and establish basic on-site operations. The subject operations may be in concert with the Town's Public Works operations. C. TASK ORDER ISSUANCE AND MOBILIZATION ] . Upon the establishment of resources needed for deployment, the Town will issue a Task Order (Attachment A), identifying the specific scope of work, estimated type/ total waste volumes and pricing for completed tasks. WMIF will immediately begin mobilizing all necessary resources to the affected area. Page 4 of 13 4 2. Upon arrival at the designated staging area, The WMIF District Manager will coordinate recovery efforts directly with Town officials or designees (as dictated by the type of disaster). 3. Any site conditions that affect equipment access or hours of operation will be discussed at this time. SECTION 3. DEBRIS COLLECTION, REMOVAL AND DISPOSAL A. INITIAL EMERGENCY CLEARING Initial debris clearing activities ("first push") will commence utilizing ground crews, chainsaw operators and equipment specific to the size, type of debris and street widths. This task implements debris clearance only for the following: First priority will be given to main arterial roadways and emergency access routes leading to health care facilities. Safe access must be confirmed with the appropriate agencies prior to the deployment of crews within the Town limits. 2. Second priority will be given to streets and thoroughfares providing access to major utility systems and services, such as electric, water and gas. 3. Third priority will be given to major highways and commercial streets, followed by residential streets. 4. All supervisors will be responsible to ensure work is conducted only in those areas designated by the Town and will not allow work in additional areas until directed by a task order. 5. Supervisors shall be responsible for the safety of all personnel and equipment time logs, and their distribution to the WMIF designated Director with a copy given to the Town Representative. 6. The initial emergency response phase, consists of 72 working hours, is reimbursed by FEMA based on contractor-documented costs. WMIF prior to deployment of crews and equipment will ensure compliance with data reporting, monitoring and tracking requirements, as stated in the contract for FEMA reimbursement. The "emergency clearance" phase, based on storm severity, will be completed within 72 hours from work commencement. Page 5 of 13 B. DEBRIS COLLECTION Removal Activities- Crews will be mobilized to areas designated on the grid/zone maps based on priority and accessibility. The number of crews will be equitably established to ensure timely progression in each zone. The crews and crew size will be adjusted accordingly as the work progresses. 2. Hours of Operation -Debris removal operations will be limited to daylight hours and predicated by the Temporary Debris Site hours of operation. Work days will be initially 7 days a week. The work will be adjusted to specific areas that are traffic laden or saturated with school zones. Adjustments to the hours will be based on current working conditions and will be coordinated with the approval of the Town's designated official. 3. Crews will temporarily stage piles and segregate where feasible for loading and hauling to the disposal site(s). 4. Hazardous materials will be segregated and properly stored for future collection disposal. 5. Mixed debris will be collected as bulk waste. 6. The Town will determine the number of collection passes and WMIF based on the severity of the event. 7. All loading equipment will be mechanized and operated from the roadway, streets, alleys, or right-of--ways using the following: -I~nucklebooms, self-loaders, clam shells -Rubber tine front end loaders with grapple buckets -Rubber tire front end loaders with 4 in 1 bucket -Rubber tire backhoes with thumb attachments - Haul trucks with attached grapple arms -No equipment will be operated behind the curb or outside the defined roadway shoulder/swale section or area that may endanger operators or work crews, unless specifically directed to do so by the Town's designated official and approved by the District Manager. Traffic Control personnel with FDOT approved traffic control vests, barricades, warning signs will be stationed and will be a functioning part of each crew. Additional traffic control or police assistance will be utilized as needed to ensure safe operations. 9. Each Area/Crew leader or County designee will maintain preprinted tickets discussed below, and a log documenting the location, date, loading time, truck and Page 6 of 13 6 ticket number. Each crew will receive the documented load ticket as each truck returns from the disposal site to receive another load. C. MATERIALS TRACKING, DEBRIS I€AULING, DISPOSAL 1. Materials Tracking: to implement the volume-based reimbursement the Town designee or WMIF will issue preprinted tickets. A designated monitor for the Town will properly complete and issue load tickets (Attached C) to each certified (placard) and loaded vehicle. 2. All loaded, pre-measured, numbered trucks, trailers, and hauling vehicles will be mobilized in crews and assigned a zone prior to deployment. Each load ticket will be processed in the following manner: • White copy -The load site monitor will fill out the top portion of the load ticket, detach the white copy and give the remaining 4-part ticket to the driver to take with him to the debris management site. • Green copy -The disposal site monitor will inspect the load, determine its capacity, complete the balance of the load ticket, detach the green and yellow copies and give the remaining 2-part ticket back to the driver. The green copy will go to the Town as confirmation of disposal. • Yeltow copy -The debris site monitor will retain the yellow copy of the load ticket on site as backup documentation. • Pink copy -The pink copy of the load ticket will be given to the prime contractor. • Gold copy -The gold copy of the load ticket will be given to the driver/sub- contractor. 3. All Hauling operations will comply with the local, State, and Federal FDOT standards in effect at the time to ensure compliance. Debris Hauling equipment will include the following: 16-20 cubic yard (cy) dump trucks 21-30 cy dump trucks 30-50- cy tractor trailers 50-100 cy tractor trailers self- loading knuckle booms roll offs (various sizes) 4. All hauling equipment certified and pre-measured in accordance with FEMA standards. The Town's designated official, WMIF Representative, will perform the Page 7 of 13 7 measuring/inspection and subcontractor's representative. Each inspection will be documented and signed by these officials, and copies maintained each representative. WMIF and the Town's official will measure truck volumes. The dimensions will be measured on the inside of the trailer and the volume for the hydraulic ram will be deleted. Securing Loads -Every collection vehicle utilized will be equipped with a tarp or net to secure loose materials during transport to the disposal facility or site. The tarp/net will not exceed the truck body/trailer measurements. The trucks will also be equipped with a tailgate or safety net to assist in containing the debris. 6. Truck Identification- Trucks will be equipped with two Waste Management or "Under Contract to the Town of Jupiter" magnetic or adhesive signs that can be affixed to each side of the truck. Certification placards must be affixed to the driver's side of the vehicle at all times for proper reimbursement and verification. D. TEMPORARY DEBRIS STAGING/REDUCTION In the event it is determined that temporary debris staging sites and debris reduction is required this will commence upon receipt of a task order. WMIF will ensure that the debris staging site construction will be accomplished as rapidly as possible due to the critical timing of the debris removal process. A Debris Staging Site Supervisor will be responsible for the management of all operations, including the Site Safety, haul load inspection, segregation, traffic control, dumping, reduction, security, and remediation of the grounds. Debris reduction may include the use of reduction grinders, and or air curtains. SECTION 4. RECONCILATION, COMPENSATION/REIMBURSEMENT E. RECONCILIATION The Town of Jupiter emergency management officials, who will document all activities, will closely monitor all participants involved in the Hurricane/Disaster Debris Removal, Reduction, and Disposal. INITIAL EMERGENCY CLEARING a. Each certified hourly equipment log that is to be submitted for FEMA reimbursement will be reviewed for readability, accurate dates/days, and written authorization signatures. b. All resources deployed under an hourly contract will be documented and accounted for on a daily basis. The equipment log establishes starting and stopping times, well as daily downtime for breaks, lunches, repairs, mileage, etc. Page 8 of 13 c. The District Manager and the Town's designated official certify daily logs. The certification form is to be filled out in quadruplicate and distributed as follows: Original - Town of Jupiter 2 Copies - Contractor or Subcontractor 1 copy - Work Crew Leader d. Each zone will be required to maintain an hourly equipment log to be verified daily. The log will track and verify resources utilized under the Task Order for the entire recovery project. 2. VOLUME (CY) BASED REIMBURSEMENT a. Each Crew leader will maintain daily logs detailing, all loading and hauling, crew staff names, and pre-printed ticket information. All tickets will be maintained in packets daily and entered daily. b. Data Entry of the preprinted ticket information will be performed daily by both WMIF and its subcontractors, and totaled on a Sunday to Saturday basis. All data will be entered using an excel database spreadsheet system by bath WMIF and its subcontractors. This allows for easy reconciliation weekly between WMIF and the subcontractors. At the conclusion of the Debris Removal, WMIF will assist the Town in reconciling both the volume, and truck certification records. This will aid the Town in recovering reimbursable costs from appropriate State and Federal agencies. 3. COMPENSATION/REIMBURSEMENT a. All participants involved in the Hurricane/Disaster Debris Removal, Reduction and Disposal plan will utilize the SWA's general compensation rates as a guideline for typical services outlined in this plan. Rates for services not covered in this plan will be negotiated on an individual basis. b. All contractors will comply with all Federal Emergency Management Agency (FEMA) reporting and documentation requirements prior to compensation or reimbursement being paid by the Town. All costs associated with the event will be initially born by the contractor. The Town will make every effort to request appropriate funding from FEMA to reimburse the contractors for services provided. In the event of unexpected delay, the contractor can request partial payment from the Town to prevent significant loss to its business. Invoices are to be processed every seven days and forwarded to the Town for review and approval of reimbursement. Page 9 of 13 9 4. RETURN TO NORMAL SERVICES a. Regular solid waste, recycling, and vegetation collection services normally performed by WMIF will be phased in gradually as each zone/grid area is made safely accessible to all collection vehicles, pursuant to Section 9.3 of the Solid Waste Collection contract. The Solid Waste Authority of Palm Beach County (SWA) and the Town official's order to comply with normal service standards will determine when regular services will be resumed. b. In the interest of public health, safety and welfare, regular garbage collection activities will commence immediately following the Town's notification to WMIF that the streets and alleys are accessible and safe for collection crews and the PBCSWA disposal facilities are operational. Recyclable materials collection services will be phased in as soon as practical and vegetative collection only after the designated storm debris collection activities have ceased and the Town directs WMIF to commence collection activities. All commercial/ industrial collection services will be phased in according to priority and essential needs of the Town and community. Page 10 of 13 ]0 ATTACI-3MENT A TOWN OF JUPITER TASK ORDER Task Order Number In accordance with Waste Management, Inc. of Florida's contract with the Town of Jupiter for Hurricane /Disaster Debris Removal, Reduction, and Disposal, dated ,the Town of Jupiter hereby directs and authorizes services to be performed on the specific project as described below. PROJECT: Specific Work to be Performed: Expected Duration of Work (including Start date, End date, and Total calendar days): Start Date End Date Total Calendar Days Estimated Cost of this Task Order: $ Method of Payment: FEMA Reimbursement ^ Town Funds ^ Other ^ Contractor"s Signature Date Town of Jupiter RepresentativeDate TOWN OF JUPITER USE ONLY Town of Jupiter Designated Task Monitor: Town of Jupiter Department Director: Date: Date: 11 ATTACHMENT B Waste liiianagement's Disaster Response Primary Contacts District Manager (WM of Hobe Sound) for North Palm Beach County/Martin County Emergency Phone Number Primary Responsibilities Government Affairs Liaison Emergency Phone Number Primary Responsibilities Project Operations and Reconciliation Director Emergency Phone Number Primary Responsibilities Craig Ahal (561)260-3996 District Manager Direct all phases of the DROP Logistics, and Deployment Jeff Sabin (561) 263-0017 Coordinate with Emergency Town and County Emergency Management officials 12 TBA Direct Administration for Proper Reconciliation and assist Town with FEMA submittals. ATTACHMENT C Materials Tracking During debris collection of the recovery process a Task Order is issued by the Town of Jupiter that provides for volume-based reimbursement, the designated monitor for the Town will begin issuing load tickets (see attached example) to be provided to each site monitor at each loading area. Load tickets may be modified by the issuing agency to comply with FEMA reimbursement policies prior to an event. The Town, prior to issuance, must approve the ticket. All certified, pre-measured, numbered trucks, trailers, and hauling vehicles will be staged in each zone prior to deployment. Once a vehicle has been loaded with debris at the work site, the site monitor will fill out a load ticket (Attachment D). Each load ticket will be processed in the following manner: • White copy -The load site monitor will fill out the top portion of the load ticket, detach the white copy and give the remaining 4-part ticket to the driver to take with him to the debris management site. • Green copy -The disposal site monitor will inspect the load, determine its capacity, complete the balance of the load ticket, detach the green and yellow copies and give the remaining 2-part ticket back to the driver. The green copy will go to the Town as confirmation of disposal. • Yellow copy -The debris site monitor will retain the yellow copy of the load ticket on site as backup documentation. • Pink copy -The pink copy of the load ticket will be given to the prime contractor. • Gold copy -The gold copy of the load ticket will be given to the driver/sub- contractor. It is the contractor's responsibility to match load tickets with equipment logs at the end of each day. The white and yellow copies of load tickets will be given to the Town's official to match and compare. 13 ATTACHMENT C Sample Load Ticket Town of Jupiter Prime Contractor Sub-Contractor Date Driver Name Truck License Number Debris Pickup Location Debris Type: ^ Vegetation G~; ,,,. ^ C&D ` ^ Other I ^ Mixed i~ a 6 ,,, ".>. ~ _ . Loading ,Site Monitor Debris/Disposal Site Location Measured Capacity X % loaded =Volume Hauled (cy) (~y) x °i° _ _ TL(ey) Disposal Site Monitor Contractor's Site :Monitor =n~~ .~~,~~ ~,;,~ .. Notes White-Load Site Green-Toff Canary-Debris Site Pink &Gold-Driver 14 ATTACHMENT ll Fee Schedule Item/Description Unit of Measure/Cost Unit Price l .Public property and right-of--way pickup and hauling to a designated debris management site or disposal facility 5 miles away or less (one way). Cubic Yard 2.Public property and right-of-way hauling to a Yard-Miles designated debris management site or disposal facility/landfill, in excess of five miles away (one way). $17.00 TBN 3. Temporary debris management site operation, Cubic Yard TBN debris acceptance, pile management, and material loading for transport. 4. Processing of debris through grinding and/or Hour To be determined after chipping. negotiation 5. Volume reduction through air curtain Hour To be determined after incineration or open burning. negotiation Unit Prices These include all labor and materials necessary to complete the project, including but not limited to: wages, benefits, insurance, safety equipment, parts, supplies, equipment maintenance, repairs, fuel, lubricants, cellular phones, housing, transportation, mobilization and demobilization. Yard-Miles A yard-mile is defined as the volume of waste in the truck/trailer multiplied by the one-way mileage to the destination. The distance is measured in road miles based on odometer readings noted on the load ticket and verified by a Town official. If one-way distance from the pickup point to the designated debris management site is greater than five miles, Contractor will be compensated based on the following formula: (Estimated yards in truck x rate per yard jItem 1]) plus 15 ATTACHMENT E Accounting and Financial Controls All participants involved in the Hurricane/Disaster Debris Removal, Reduction and Disposal plan will be closely monitored by the Town of Jupiter emergency management officials, who will document all activities. Every participant, contractors and subcontractors alike will utilize certified hourly equipment logs, during the initial 70-hour response period. The purpose of these controls is to gather the necessary documentation to verify location, type and quantity of services provided by each participant for accurate reimbursement. The documentation also aids the Town in recovering reimbursable costs from appropriate state and federal agencies. All resources deployed under an hourly contract will be documented and accounted for on a daily basis. The equipment log establishes starting and stopping times, well as daily downtime for breaks, lunches, repairs, etc. Daily logs and maps are certified by the District Manager and the Town's designated official. The certification form is to be filled out in quadruplicate and distributed as follows: Original - Town of Jupiter 2 Copies - Contractor or Subcontractor 1 copy - Work Crew Leader Each zone will be required to maintain an hourly equipment log to be verified daily. The log will track and verify resources utilized under the Task Order for the entire recovery project. According to the terms of the "Volume Contract", equipment logs will verify resources used when reconciling against load tickets. 16 ATTACHMENT F Compensation/Reimbursement All participants involved in the Hurricane/Disaster Debris Removal, Reduction and Disposal plan are subject to the Palm Beach County Solid Vlaste Authority's Debris Management Plan for disposal purposes only. General compensation rates for services outlined in the WMIF plan are strictly based on local costs and expenses experienced by WMIF and rates for services not covered in this plan will be negotiated on an individual basis. All contractors will comply with all Federal Emergency Management Agency (FEMA) reporting and documentation requirements prior to compensation or reimbursement being paid by the Town. All costs associated with the event will be initially born by the contractor. The Town will make every effort to request appropriate funding from FEMA to reimburse the contractors for services provided. In the event of unexpected delay, the contractor can request partial payment from the Town to prevent significant loss to its business. Invoices are to be processed every seven days and forwarded to the Town for review and approval of reimbursement. 17 18 Dais Item 10/03/06 TOWN OF JUPITER DEPARTMENT OF ENGINEERING & PUBLIC WORKS INTEROFFICE MEMORANDUM TC10/03/2006 Date: October 3, 2006 To: The Honorable Mayor and Members of the Town Council Through: Andrew Lukasik, Town Manager From: Thomas V. Driscoll, P.E., Director of Engineering & Public Works Subject: SUPPLEMENTAL INFORMATION REGARDING THE WASTE MANAGEMENT FRANCHISE AGREEMENT As a follow up to the discussion on the solid waste franchise agreement, Waste Management has provided a final monthly cost for residential collection service, with a rate of $11.00 per month. This rate is subject to contract terms including an annual cost increase based on 100% of the CPI with a six percent cap and with an Extraordinary Fuel Adjustment. Attached are calculations of the future rates based on an assumed CPI and with a comparison of 70% and 100% of CPI. K:\Staff\WPS1\AGENDA\STAFFREC\Supplemental Information WM Contract.doc Assume 3% Annual CPI Effective 70% Max 100% Max Annual Date Cao Can Difference 1-Mar-07 $11.00 $11.00 $0.00 1-Oct-07 $11.12 $11.17 $0.59 1-Oct-08 $11.35 $11.50 $1.81 1-Oct-09 $11.59 $11.84 $3.09 1-Oct-10 $11.83 $12.20 $4.44 1-Oct-11 $12.08 $12.57 $5.85 1-Oct-12 $12.33 $12.94 $7.33 Assume 4% Annual CPI Effective 70% Max 100% Max Annual Date Cap Cap Difference 1-Mar-07 $11.00 $11.00 $0.00 1-Oct-07 $11.15 $11.22 $0.79 1-Oct-08 $11.47 $11.67 $2.43 1-Oct-09 $11.79 $12.14 $4.18 1-Oct-10 $12.12 $12.62 $6.04 1-Oct-11 $12.46 $13.13 $8.03 1-Oct-12 $12.81 $13.65 $10.14 Assume 5% Annual CPI Effective 70% Max 100% Max Annual Date Caa C~a Difference 1-Mar-07 $11.00 $11.00 $0.00 1-Oct-07 $11.19 $11.28 $0.99 1-Oct-08 $11.58 $11.84 $3.05 1-Oct-09 $11.99 $12.43 $5.29 1-Oct-10 $12.41 $13.05 $7.71 1-Oct-11 $12.84 $13.70 $10.33 1-Oct-12 $13.29 $14.39 $13.16 Assume 6% An nual CPI, Maximum Allowed Effective 70% Max 100% Max Annual Date Cap Cap Difference 1-Mar-07 $11.00 $11.00 $0.00 1-Oct-07 $11.23 $11.33 $1.19 1-Oct-08 $11.70 $12.01 $3.69 1-Oct-09 $12.19 $12.73 $6.43 1-Oct-10 $12.71 $13.49 $9.45 1-Oct-11 $13.24 $14.30 $12.77 1-Oct-12 $13.80 $15.16 $16.39 1-Oct-13 $14.38 $16.07 $20.36 TOWN OF JUPITER DEPARTMENT OF ENGINEERING & PUBLIC WORKS INTEROFFICE MEMORANDUM TC 9/19/2006 Date: September 15, 2006 To: The Honorable Mayor and Members of the Town Council Through: Andrew Lulcasik, Town Manager. From: ~ homas V. Driscoll, P.E;, Director of gineering & Public Works Subject: AGENDA ITEM - ORDINANCE NO. 89-06 AMENDING THE EXCLUSIVE FRANCHISE FOR REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION AGREEMENT SERVICES WITH WASTE MANAGEMENT, INC. OF FLORIDA The Town's current solid waste franchise agreement with Waste Management expires on February 28, 2007. Within the terms of the contract, staff has been working with Waste Management on a revised franchise agreement and new rate structure. This will be the first rate adjustment since the franchise agreement amendment in February, 2001. The following is a history of the rates for residential service: Date Fee Comments ~ 1977 $4.12 Included disposal fees ~ 1981 $6.90 Included disposal fees 1985 $9.34 Included disposal fees. Increase due to PBC disposal cost increase 1987 $8.24 Included disposal fees-not clear why rates went down 1988 $10.74 Included disposal fees-due to PBC disposal cost increase 1989 $12.81 Included disposal fees 1990 $7.26 Did not include cii`sposal fees 1993 $8.46 Rate increase. Did.not include disposal fees 1997 $6.63 Did not include disposal fees 2001 $6.96 ,Did not include disposal fees As a separate means to evaluate the proposed rate structure and franchise agreement, the Town engaged the services of Malcolm Pirni,e to conduct a review of the proposed rates and franchise agreement. The review highlighted some areas of the franchise agreement that needed to be updated to reflect current industry standards. A copy of the evaluation is attached as Exhibit A. Staff is currently working with Waste Management to finalize the draft of the franchise agreement to be submitted to the Town Attorney for legal review and then to Council for approval and subsequent execution. The changes include; an annual rate increase based on a Consumer Price Index for all urban consumers; minor changes for penalties associated with contractual non-compliance; natural disasters, and uncontrollable circumstances language. Probably of most interest to Council and Residents are the proposed residential and commercial rates. The rates proposed by Waste Management are signif cant increases from the current franchise agreement. The proposed 2007 rates are as follows: Residential Curbside Collection $11.20 Per Month Cammercial Service $ 7.25 Per Cubic Yard (Including container rental and atlcillary services based on 2cy service) * Rate is based on the cun-ent price submittal by Waste Management, and the current price is under negotiation with the Town aloilg.with terms and conditions for annual cost and final escalation. The proposed rate increase is substantial, as the current rates are $6.96 per month for residential service and $3.50 per cubic yard for commercial service. For a current comparison of local rates, Malcolm Pitnie developed a detailed summary of area municipal residential and commercial rates as Appendix B, Page B-1 and Table 2, Page 8 of 9 of the subject report. For further clarification, Waste Management prepared a cost comparison of Jupiter and other municipalities by cost "per pickup" (Attachment I to Exhibit "A"). Additionally, staff considered the current rate and adjusted for inflation using the Consumer Price Index for all Urban Consumers, (CPIAUC) (Exhibit "B"). Current Residential Rate 2006 Billing fee charged to Waste Management Franchise fee 3% //~-Net fee to Waste Management ~ ~ 90% of net fee to Waste Management (Estimated non fuel percentage) . ~ 10% of net fee to Waste Management (Estimated fuel expense percentage) ~`'s~ I /%~?~, ~ ~ Staff han~e.kias~d on inflation, fuel, and service enhancements: li ~ CPl percentage chang~/O110~03/Oi106 ~~ Calculated from 90% of 2002 billnig rate ~~ East Coast No. 2 diesel fuel percentage chang~3/01102 03/01/06 ~~-~--"Lalcula-ted from 10% of 2002 billing rate ~~- ~~~ ~~, ~ ~/ Adjusted Rates 03/01/06 Assumed percentage change 03/01/06 to 03/01/07 v Adjusted rates 03/01/07 Billing fee charged to Waste Management Franchise fee 3% Bulk Pick-Up Charter Neighborhoods j 12 CY Rear Loaders in Abacoa _ Fina[ Adjusted Rates $b.96 $0.14 $0.20 $6.62 $5.96 $ 0.66 CPIAUCNS 11.80% $6.66 101.00% $1.33 $7.78 4.00% $8.09 $0.14 $0.25 $0.25 $9.48 `1 °i' 2 ~,~ ~. The assumed adjusted rates without any change in service would be approximately $8.48 per month. Additionally, staff gave an estimate of the monthly increase to all residential customers based on two service enhancements, one to provide an additional bulk collection day in the Charter Neighborhoods and the other, to utilize smaller 12 CY rear loaders in Abacoa, Botanica and Sea Plum. The current 25 CY rear loaders have caused damage in these developments as the Traditional Neighborhood Development, TND, designs have created some narrow streets and alleys. hi addition to the information provided by Malcolm Pirnie, staff obtained information from the SWA on their current collection rates for the unincorporated areas. Generally, the level of service for residential collection is comparable with the exception of vegetation collection being once per week in the SWA franchise agreement. From discussions with Waste Management, staff estimates the second vegetation collection pickup to be approximately $0.75 per month. An average of the residential rates in Map Zones 2, 3, 4 and 7 (Exhibit D1 is $149.25 per year or approximately $12.44 per month. These zones are urban in nature and reflect rates of Waste Management s competitors, Onyx and Sunburst Sanitation. The rate proposed by Waste Management compares favorably with these rates. Staff's calculation of the current residential rate adjusted for inflation and service enhancements is approximately $9.48, and the increase above this rate appears to be a market based adjustment by our service provider Waste Management. A comparison of the residential rate is as follows: Rate Comparison of Comparable Service: ~ -~ ~-~jc j ('l~f~ ~i ~ ~G~~~ Jupiter Existing Rates $6.96 ~ ,'/ , Jupiter Proposed Rates $11.20 ~`'rZ/L~-~-~ ~~~ ~ J ~ ~t' ` ~~ Unincorporated County Rates (Map 2,3,4,7) ,, AvQ. $12.44 ~-~~i ~j<2 ~Z Lake Worth $14,87 ~ i/! ~ ~~ Riviera Beach $13.26 ~ ~/ ~ Palm Beach Gardens $8.7~ ~ ° ~~~~ ~/~ The commercial rates are more difficult to evaluate, as the SWA franchise agreement`' does not include container rental as does the Towns. See Exhibit C for a summary of the ~, rates of the SWA franchise agreement. a ,' .r Waste Management will continue to pay 3% of all gross r e bille ~ t~ervice area franchise fees to the Town and a Town billing fee of :14 p account per month. The terms of this amended contract will be effective to Feb y 28, 2012, for an increase of five years from the termination date of the existing contract February 28, 2007. In the Town of Jupiter's Survey of Residents in 2003 and 2006, Waste Management received excellent ratings of over 50% in both surveys, indicating resident's opinion of their quality of service (Exhibit "E"l. Staff is finalizing discussions and negotiations with Waste Management and the only remaining item is agreeing on an exact rate, increase amount. The monthly rate at this time is estimated at $11.20 and should be completed during the week of September 18th. Staff has completed extensive comparison and analysis regarding the renewal of the franchise agreement and feels that the rate increase is comparable to contract market rates considering the level of service provided by Waste Management for over 30 years. 3 If the Town issued an RFP for a Solid Waste Franchise Agreement, based on the current market rates, it is hard to envision a rate substantially below the market as there are only a limited number of service providers that can supply this level of service to the Town. Staff requests Council review of Ordinance No. 15-01 (Exhibit "F") and the amended Refuse, Multi-Material, Recycling and Vegetative Waste Collection Agreement with Waste Management, Inc. of Florida and recommends Council authorization to f nalize negotiations with Waste Management to amend the franchise agreement. If this is not acceptable Staff needs immediate direction from Town Council to develop and issue an RFP for waste collection. K.\Waste Management Contract 2000V~genda Staff Recommendation.doc 4 ~~~ ,~ v ~~oovoov~ ~ ~ ~ ~ ~ ~ m ~ ~ ~ 3 ~ v 3 ~• ~ ~• ~ ~ ~ ~, ~v~ ~ ~ 0,~ ~o [~ o ~a ~ ~, O~ ~ m =` C n C 0 n~ a~i ; ; G1 ~ ? ~ cQ ~ ~ 'a 3 ~ ~ ,, ~ ~ N a. m N n O~ ~ fD Q. W ? C fl. N 7 Q ~ ~ ~ ~ D ~ fl. _~ < fl. ~ ~_ N A rr Vl EA 4fl ffj Ef3 Efl Efl b9 Efl 69 t~ EA ffl EA ~ tD ~ _ fl. N O ,-- Al ,.l ~-1 > W W W ..1 .l ..1 J 1 ~1 ~A W N N O --~ 07 ~I V O ~ ~J d7 CO O~ W (.O O O W O~ C~ -+ -P .~ ~~ ~.1 V O O W CIt Ul V CJ7 O !D __ _ ~ n C .a N a m ~c A A J~ A .A ~ .A ~ UZ ~P ~ ~ ~P 7C' ~ `~~'. C ~ ' `~ __ , ~ ~, , ~ '-,~, 3 ~ ~ ..1 .~ ..1 ..1 ~ .~ 1 ~ N > ~ ~ ~ '~ ~ ~ ~ ~ ~ ~ ' ~ ~ ~ ~ p~. W W W W W W W W O W W W W ~ N N N N N N N N Ui N N N N Efl Efl 69 Efl EA Efl ffl b3 Efl b9 Efl b9 EA ~ 't n ~_ f1 0 0 k' O O O O O ~ 0 0 0 0 ~ 0 ~ C ~I V O " 'U V V m (Jl ,Cl~ Cn ~ -A W ~ CD (D ~ 1.f~ O V CJi CO ~ 'N O O -~ V ni4 ~;.' i~ f AGENDA TOWN OF JUPITER TOWN COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, NOVEMBER 21, 2006 7:00 P.M. Call to Order Prayer and Pledge of Allegiance Roll Call: Mayor Karen J. Golonka Vice-Mayor Jim Kuretski Councilor Donald D. Daniels Councilor Robert M. Friedman Councilor Todd R. Wodraska Town Manager Andrew D. Lukasik Town Attorney Thomas J. Baird MINUTES: November 7, 2006 Regular Meeting Minutes (Materials to be Distributed Prior to Meeting) ORDER OF BUSINESS FOR QUASI-JUDICIAL HEARINGS: -Swearing In (For anyone planning to address Council) -Disclosure of ex parte communications (Council only) -Staff and Planning and Zoning Commission recommendations -Presentation by applicant -Public to be heard -Three (3) minute limit -Motion on the floor CITIZEN COMMENTS Non-agenda items for public comments are limited to three (3) minutes. Anyone wishing to speak is asked to go to the podium and state his/her name and address for the record prior to addressing the Town Council. Council will not discuss these items this evening. Any issues will be referred to Staff for investigation; a report will be forwarded to Council; and citizens will be contacted. CONSENT AGENDA All items listed in this portion of the agenda are considered routine by the Town Council and will be enacted by one motion. There will be no separate discussion of these items unless a Councilor or citizen so requests; in which event, the item will be removed and considered at the beginning of the regular agenda. * Note -These items if removed will be rescheduled for the 12/5/06 Town Council Meeting TC Agenda Page 2 November 21, 2006 CONSENT AGENDA PUBLIC HEARINGS 2. POSTPONED BY APPLICANT TO 12/19/06 Ordinance 45-06, Second Reading, Loxahatchee Club. Amendment, - Amendrnent to an approved Planned Unit Development (PUD) to allow guest cottages in a portion of the Maplewood PUD known as the "Loxahatchee Club", located at the southeast corner of Maplewood Drive and Toney Penna Drive. Quasi- judicial (Continued from 10/17/06) 3. POSTPONED BY STAFF TO 12/5/06 Ordinance 30-06, Second Reading, Second Drivewavs, Zoning Text Amendment -Zoning text amendment to Section 25-181(b), entitled "Access," Section 25-204(b), entitled "Turnouts," Section 27-1262(a)(6), entitled "Parking Access and Driveways," Section 27-1262(a)(7), entitled "Guidelines for At-Street Driveway Dimensions", Section 27-1262(a)(7), Figure 4, entitled "Residential Driveways", Section 27-1262(b), entitled "Appeals", and Section 27-1262(c), entitled "Variances", to permit and establish regulations for second driveways on residential lots. 4. POSTPONED BY APPLICANT TO 12/5106 Ordinance 62-06, Second Reading, Planned Unit Development Amendment, Loxahatchee Reserve -Amending Ordinance 45-04 regarding a planned unit development (PUD) known as Loxahatchee Reserve and amending Ordinance 53-03, formerly known as Jupiter Isles PUD, generally located 3/4 of a mile north of Indiantown Road, east of Interstate 95, west of Jupiter Community Park and south of the Martin County Line. Quasi judicial 5. POSTPONED BY APPLICANT TO 12/5106 Resolution 107-06, Site Plan Amendment, Loxahatchee Reserve, Amendment- Amending Resolution 2-04 regarding a site plan known as Loxahatchee Reserve and amending Resolution 103-03, formerly known as Jupiter Isles PUD, generally located 3/4 of a mile north of Indiantown Road, east of Interstate 95, west of Jupiter Community Park and south of the Martin County Line. Quasi judicial 6. Ordinance 22-06, Second Reading, Nuisance, Amendment -Amending Chapter 13 of the Town Code Entitled "Nuisances" Providing for Basic Property Maintenance Requirements (Continued from 11/7/06) [TAB 6] 7. Resolution 93-06, Nextel/Sprint Antennas -Amendment to an approved special exception and site plan for the addition of three new antennas to an existing telecommunications tower, located at 509 West Commerce Way on Lot 2 within the Pennock Industrial Park. Quasi judicial [TAB 7] 8. Resolution 90-06, Planet Lucky Doq -Site plan amendment application to permit an indoor/outdoor canine training facility, to be known as "Planet Lucky Dog", on a 1.0± acre property, located at 300 Central Blvd, Suite B. Quasi judicial [TAB 8] TC Agenda Page 3 November 21, 2006 CONSENT AGENDA PUBLIC BUSINESS 9. Council Authorization to Execute a Grant Contract with Florida Communities Trust in the Amount of $3,542,500.00 for the Acquisition of the Delaware Scrub National Area [TAB 9] 10.* Resolution 104-06, Telecommunications Land Lease Agreement, Council Authorization to Execute a Renewal Ground Lease Agreement with Verizon Wireless Personal Communications LP with a Rent Base of $24,000 Annually (plus taxes) and a 3% Annual Increase During the Term of the Lease [TAB 10] 11.* Resolution 59-06, Ptat, Council Authorization of a Plat Entitled Dakota (Commercial) [TAB 11 ] 12.* Resolution 95-06, Abandonment of Floridan Aquifer Well RO-1 [TAB 12] 13.* Council Approval to Reject the Bid Proposal of Pantropic Power Products, Inc. for Contract EPW 2006-60 for the Procurement of a Portable Standby Generator [MATERIALS TO BE DISTRIBUTED] 14. Confirmation of the Meeting Schedule: # • Tuesday, November28, 2006-Town Council Neighborhood Equity Workshop - 7:00 P.M. -Community Center Thursday, December 7, 2006 -Town Council Review of Six Month Strategic Plan Workshop - 7:00 P.M. -Place TBA END OF CONSENT AGENDA PRESENTATIONS: 15. Improved Mobility -First Quarter Update (Materials to be Distributed Prior to Meeting) REGULAR AGENDA PUBLIC HEARINGS 16. Ordinance 59-06. First Reading, Carlin Park. Rezoningt -Rezoning request from Rural Residence (RR} to Public Institutional (PI) for a 117.7± acre property, known as "Carlin Park", located at 400 S.R. A1A (Ocean Boulevard). Quasi- judicial (Second Reading - 12/19/06) [TAB 16] 17. Ordinance 60-06. First Reading, Oktawaha Avenue. Abandonment, - Abandonment application of a 109± foot by 50± foot wide unimproved right-of-way known as Oklawaha Avenue, located between 1201 Cherokee Street and 1115 Cherokee Street, on the north side of the road. (Second Reading - 12/19/06) [TAB 17] TC Agenda Page 4 November 21, 2006 REGULAR AGENDA PUBLIC HEARINGS 18. Ordinance 46-06, Second Reading, Neighborhood Commercial Limited (NCL)ti Amendment - Amendment to Section 27-990.9.1.4(x), entitled "Land Allocations", to increase the percentage of neighborhood commercial, limited use in a neighborhood, amendment to Section 27-990.9.1.4(c), entitled "Live-work units building regulations" of the neighborhood commercial, limited (NCL) use subdistrict, to provide regulations allowing the rental of the commercial portion of live-work unit, and amendment to Section 27-990.13, entitled "Mixed use development subdistrict use classification" to permit additional uses in the NCL use subdistrict. (Continued from 11/7/06) [TAB 18) 19. Ordinance 67-06, First Reading, Franchise Agreement, Council Authorization of the Waste Management Franchise Agreement (Second Reading 12/5/06) [TAB 19] PUBLIC BUSINESS REPORTS TOWN ATTORNEY TOWN MANAGER TOWN COUNCIL -LIAISONS REPORT TOWN COUNCIL COMMENTS - ADJOURNMENT TC Agenda Page 5 November 21, 2006 REGULAR AGENDA WEB SITE Please visit our web site at www.iupiter.fl.us The audio recording of Town Council Meetings is available on the Town of Jupiter website located under the Department of Town Clerk Town Council Meeting Agenda and Backup materials will be available on our website by noon Thursday before the Regular Meetings, and updated again Monday PM NOTICE Note: Persons are advised that if they wish to appeal any decision made at this meeting, they will need a record of the proceedings and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, per Section 286.0105 of the Florida Statutes. # Indicates no materials attached 11 /15/06 /~/~ Town of Jupiter Agenda Item Transmittal Form 1. TOWN COUNCIL MEETING: _ Meeting Date: Council Meeting ® Workshop ^ CRA ^ Consent Item ^ Yes ^ No November 21, 2006 public Hearing ®Yes ^ No 2. AGENDA ITEM TITLE (Wording from the Subject Line of the Staff Report): Ordinance No. 67-06 amending the exclusive franchise for refuse, multi-material recycling and vegetative waste collection agreement services with Waste Management Inc. of Florida. 3. STRATEGIC PRIORITY (See Strategic Plan): Goal l: Continuing Responsive Town Government Priority: High Goa12: N/A Priority: N/A 4. BUDGET /FINANCIAL IMPACT: Is funding provided in approved budget, Additional funding required if not approved in budget: if so state amount: No $ Yes $ Future Impact: Are matching funds required, if so state amount: No $ 5. EXECUTIVE SUMMARY OF MAJOR ISSUES (including applicant issues): Staff requests Council approval of Ordinance No. 67-06 and the amended Refuse, Multi-Material, Recycling and Vegetative Waste Collection Agreement with Waste Management, Inc. of Florida at first reading. 6. TRIP GENERATION DATA: 7. STAFF RECOMMENDATION: (Select from the drop down menus provided or type in your own _ specific motion.) ^ This is a discussion item only; no action is required at this time. ^ Move that the Jupiter Town Council Approve the Ordinance 67-06 on first reading ^ Move that the Jupiter Town Council Approve the contract for ,contract dated Insert date for Insert agenda item description. ^ OTHER -Type your specific recommended motion below: 8. TOWN COMMITTEE /OUTSIDE AGENCY RECOMMENDATIONS: '`Note: All Boxes are Expandable -Type inside the gray boxes to expand the box. TOWN OF JUPITER DEPARTMENT OF ENGINEERING & PUBLIC WORKS INTEROFFICE MEMORANDUM TC 11/21/2006 -First Reading Date: November 14, 2006 To: The Honorable Mayor and Members of the Town Council Through: Andrew Lukasik, Town Manager ~ From: homas V. Driscoll, P.E., Director of Engineering & Public Works Subject: AGENDA ITEM - ORDINANCE NO. 67-06 AMENDING THE EXCLUSIVE FRANCHISE FOR REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION AGREEMENT SERVICES WITH WASTE MANAGEMENT, INC. OF FLORIDA On October 3, 200b, Council directed staff to finalize negotiations with Waste Management to renew the franchise agreement at a rate of $11.00 per month and an annual cost increase based on 100% of the CPI with a 5% cap. Both the Town Attorney and Waste Management's Attorney have reviewed the document and have approved the attached agreement. Staff recommends approval of Ordinance No. 67-06 to extend Waste Management's franchise agreement until February 29, 2012. K:\StafflWP51\AGENDA\STAFFREC\Waste Management Franchise Approval.doc ORDINANCE NO. 67-06 AN ORDINANCE OF THE TOWN OF JUPITER, FLORIDA, AMENDING THE EXCLUSIVE FRANCHISE FOR REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION AGREEMENT SERVICES WITH WASTE MANAGEMENT II\TC. OF FLORIDA WHEREAS, the Town Council has the authority pursuant to Chapter 166, Florida Statutes, to establish franchises and enter into agreements for refuse, multi-material recycling and vegetative waste collection; and, WHEREAS, the Town Council of the Town of Jupiter deems it necessary and desirable to extend by Ordinance the exclusive franchise with Waste Management, Inc. of Florida for the collection and disposal of solid waste within the Town limits in accordance with the attached Amended Franchise Agreement entitled: Refuse, Multi-Material Recycling and vegetative Waste Collection Agreement Between the Town of Jupiter, Florida and Waste Management, Inc. of Florida.; NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF JUPITER, FLORIDA: Section 1. The Jupiter Town Council hereby amends the exclusive franchise for refuse, multi-material and vegetative collection services agreement of February 28, 2007, with Waste Management Inc. of Florida, and clarifies the company's role in storm/disaster debris removal, reduction and disposal in accordance with the Amended Agreement attached hereto as Exhibit "A" and made part of this Ordinance by reference. Section 2. The Mayor and the Town Clerk are hereby directed and authorized to execute the Amended Agreement for and in behalf of the Town of Jupiter. Section 3 . Upon execution of the aforesaid Amended Agreement by Waste Management, Inc. of Florida, by its President and Secretary, the same shall become the contract between the parties for sanitation services for the Town of Jupiter in accordance with the terms thereof. Section 4. This ordinance shall take effect upon adoption. TABLE OF CONTENTS 1 2 3 4 5 6 7 8 ARTICLE I - GENERAL INFORMATION GRANT OF FRANCHISE ....................................................................................... ..................6 COMMENCEMENT OF WORK ............................................................................ ..................6 TERM ..................................................................................................................... ...................6 DEFINITION OF TERMS ...................................................................................... ...................6 ARTICLE II -SERVICES TO BE PERFORMED BY CONTRACTOR, REFUSE COLLECTION DESCRIPTION OF THE WORK ........................................................................... ................. I l 5.4 Protection of Adjacent Property and Utilities ......................................... ................. I 1 5.5 Spillage ................................................................................................... .................11 5.6 Designated Facility ................................................................................. ............... 11 RESIDENTIAL COLLECTION SERVICE ........................................................... .................11 6.1.1 Frequency of Collection .......................................................................... .................1 1 6.1.2 Hours of Collection ................................................................................. ................. l l 6.1.3 Point of Pickup of Residential Refuse ..................................................... .................12 6.1.4 Receptacles ............................................................................................. .................12 6.1.5 Method of Collection of Residential Refuse ........................................... .................12 6.1.6 Vacant Lots ............................................................................................. .................13 6.1.7 Bulk Trash .............................................................................................. .................13 6.1.8 Timeliness of Collections ........................................................................ .................13 6.2 Exclusions .............................................................................................. ..................13 COMMERCIAL COLLECTION SERVICE ......................................................... ..................13 7.1.1 Frequency of Collection ......................................................................... ..................13 7.1.2 Point of Pickup of Commercial Refuse .................................................. ..................14 7.1.3 Commercial Receptacles ........................................................................ ..................14 7.1.4 Method of Collection of Commercial Refuse ......................................... ..................14 7.1.5 Timeliness of Collections ....................................................................... ..................14 7.2 Exclusions .............................................................................................. ..................14 MUNICIPAL COLLECTION SERVICE .............................................................. ..................14 8.2 Special Events ........................................................................................ ..................14 8.3 Timeliness of Collections ....................................................................... ..................15 1 9. SCHEDULE AND ROtTTES ................................................................................................ ...15 9.1 Notice ...................................................................................................................... ....15 9.2 Schedules ................................................................................................................ ....15 9.3 Access ..................................................................................................................... ....15 9.4 Hurricane /Disaster Debris Removal, Reduction &Disposal .................................. ....16 9.5 Refuse, Multi-Material Recycling and Vegetative Waste during Natural Disasters . ....16 9.6 Holidays ................................................................................................................... ....17 10. COLLECTION EQUIPMENT ............................................................................................. ....17 10.1 Condition of Equipment ........................................................................................... ....17 11. SPECIAL WASTE, HAZARDOUS WASTE, BIO-HAZARDOUS WASTE, BIOLOGICAL WASTE AND SLUDGE ............................................................................ ....17 11.15 Excluded from franchise ........................................................................................ ....17 ARTICLE III -SERVICES TO BE PERFORMED BY THE CONTRACTOR RECYCLING, 12. DESCRIPTION OF THE WORK ........................................................................................ ....18 12.2 Frequency of Collection ....................................................................................... ....18 12.3 Hours of Collection .............................................................................................. ....18 12.4 Point of Pickup of Recyclable Materials ............................................................. .....18 12.5 Receptacles ......................................................................................................... .....18 12.6 Method of Collection of Recyclable Materials .................................................... .....19 12.7 Schedules and Routes ......................................................................................... .....19 12.8 Monitoring Records ............................................................................................ .....19 12.9 Equipment ........................................................................................................... .....20 12.10 Holidays .............................................................................................................. .....20 12.11 Timeliness of Collections .................................................................................... .....20 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION ........................................... .....20 13.1 Shared Responsibility ......................................................................................... .....20 ARTICLE IV -SERVICES TO BE PERFORMED BY THE CONTRACTOR VEGETATIVE, WASTE COLLECTION 14. DESCRIPTION OF WORK ....................................................................................................22 14.2 Frequency of Collection ...........................................................................................22 14.3 Hours of Collection ..................................................................................................22 14.4 Point of Pickup of Vegetative Waste .......................................................................22 14.5 Preparation of Vegetative Waste for Collection .......................................................22 14.6 Method of Collection of Vegetative Waste ..............................................................22 14.7 Routes ......................................................................................................................23 14.8 Equipment ................................................................................................................23 14.9 Holidays ...................................................................................................................23 14.10 Timeliness of Collections .........................................................................................23 2 ARTICLE V - QUALITY OF SERVICE 1 S. CONTRACTOR'S PERSONNEL ............................................................................................24 15.1 Contractor's Officer(s) ................................................................................. .............24 15.2 Dangerous Animals and Refuse Collection ................................................. .............24 15.3 Conduct of Employees ................................................................................ .............24 15.4 Employee Uniform Regulations .................................................................. .............24 15.5 Compliance with State, Federal and Municipal Law .................................. .............24 15.6 Fair Labor Standards Act ............................................................................ .............24 15.7 Other Employee Benefits ............................................................................ .............25 16. CONTRACTOR'S OFFICE ........................................................................................ .............25 16.2 Notification to Customers ........................................................................... .............25 ARTICLE VI -CHARGES, RATES, AND LEVEL OF SERVICE 17. PAYMENT AND BILLING ....................................................................................... .............26 17.1 Compensation ............................................................................................. .............26 17.2 Billing Procedures ....................................................................................... .............26 17.3 Disposal Costs ............................................................................................. .............27 17.4 Solid Waste & Recycling Collection Rate Adjustments ............................. .............27 17.5 Level and Type of Service for Collection of Other Wastes ......................... .............28 17.6 Other Considerations .................................................................................. .............28 ARTICLE VII -CONTRACT PERFOIZMANCE/PENALTIES/DEFAULT 18. CONTRACT PERFORMANCE ................................................................................. .............29 19. COOPERATION/COORDINATION ......................................................................... .............29 20. COMPLAINTS AND COMPLAINT RESOLUTION ................................................ .............29 20.1 Office .......................................................................................................... .............29 20.2 Complaints .................................................................................................. .............29 20.3 Disputes about Collection of Certain Items ................................................. .............30 21. DEFAULT AND DISPUTE ....................................................................................... .............30 22 RIGHT TO REQUIRE PERFORMANCE ................................................................. .............32 ARTICLE VIII -GENERAL, FINANCIAL AND INSURANCE REOUIlZEMENTS 23. PERMITS AND LICENSES ....................................................................................... .............33 24. TITLE TO WASTE .................................................................................................... .............33 25. FRANCHISE FEES .................................................................................................... .............33 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL ............... .............33 27. BONDS AND SURETIES .......................................................................................... .............34 3 27.1 Performance Bond ........................................................................... ........................34 27.2 Requirements as to Surety ................................................................ ........................34 28. INSURANCE REQUIREMENTS ................................................................... ........................34 28.1 Contractor Insurance ........................................................................ ........................34 28.1.2 Worker's Compensation ................................................................... ........................34 28.1.3 Comprehensive General Liability .................................................... ........................34 28.1.4 Business Automobile Policy ............................................................ ........................35 28.1.5 Umbrella Liability ............................................................................ ........................35 28.2 Certificate of lnsurance .................................................................... ........................35 28.3 Subrogation ...................................................................................... ........................35 29. NATURAL DISASTERS ............................................................................... .........................36 3 0. FORCE MAJEURE ........................................................................................ .........................3 6 31. PUBLIC WELFARE ....................................................................................... .........................36 32. ANNEXATIONS ............................................................................................ .........................36 33. PUBLIC ENTITY CRIMES ........................................................................... .........................36 3 4. COMPLIANCE WITH LAW S AND REGULATIONS ................................. .........................3 6 3 5. INDEMNIFICATION ..................................................................................... .........................3 7 36. BOOKS AND RECORDS .............................................................................. .........................37 37. NOTICES ........................................................................................................ .........................37 38. SUBCONTRACTORS ................................................................................... .........................38 3 9. TERMINATION ............................................................................................. ......................... 3 8 40. WAIVER ......................................................................................................... .........................3 8 41. GOVERNING LAW ....................................................................................... .........................38 42. SEVERABILITY ............................................................................................ .........................3 8 43. ATTORNEY'S FEES ..................................................................................... .........................39 44. SAFETY ......................................................................................................... .........................39 45 . INTEGRATION .............................................................................................. .........................3 9 EXIIIBIT I -MUNICIPAL COLLECTION AND DISPOSAL SERVICES ........................................41 EXHIBIT II -REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE COLLECTION RATES ............................ ..........................42 EXHIBIT III - HURRICANE/DISASTER DEBRIS REMOVAL, REDUCTION AND DISPOSAL REQLTIREMENTS ............................................................................ ..........................45 EXHIBIT IV -MONTHLY FINANCIAL REPORTING FORMAT ...................................................53 EXIITBIT V -SAMPLE RATE ADJUSTMENT CALCULATION ....................................................54 EXHIBIT VI -MAP OF CHARTER NEIGHBORHOODS .................................................................55 EXHIBIT VII -MAP OF AREAS FOR USE OF SMALL COLLECTION EQUIPMENT ..............56 4 THIS AMENDED AND RESTATED FRANCHISE AGREEMENT for Refuse, Multi-Material Recycling and Vegetative Waste Collection ("Contract" or "Agreement") is made as of this 2006 by and between the Town of Jupiter, Florida, hereinafter referred to as "Town", and Waste Management Inc. of Florida hereinafter referred to as "Contractor",with its principal place of business at 7700 S.E. Bridge Road, Hobe Sound, Florida 33455. WHEREAS, the Town Council has agreed to the Contractor's request to amend the Franchise Agreement dated March 1, 2002 to extend the Agreement for five more years; and WHEREAS, the Town Council subsequently authorized its staffto negotiate and execute an Amended Refuse, Multi-Material Recycling and Vegetative Waste Collection Agreement extending the Franchise Agreement five years from its current termination date of February 28, 2007 to February 28, 2012. This Amended and Restated Franchise Agreement shall replace the prior March 1, 2002 Franchise Agreement in its entirety. NOW THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein contained, the parties agree as follows: 5 ARTICLE I GENERAL INFORMATION GRANT OF FRANCHISE. The Town hereby renews its grant to the Contractor of the exclusive franchise ("Franchise") for the solid waste collection of residential and commercial refuse, recycling and vegetative waste as specified herein, but specifically excluding the collection of special waste, hazardous waste, bio-hazardous waste, biological waste and sludge, and roll-off construction and debris collection service. COMNIENCEMENT OF WORK The Contractor shall commence the work of this Contract on March 1, 2007. The Effective Date of this Contract shall be the date of execution of this Agreement by the Town's Mayor. TERM The term of this franchise shall be five (5) years commencing on the March 1, 2007, ("Effective Date") through February 28, 2012, provided; however, the Town reserves the right to terminate the Contract prior thereto if the Contractor defaults in any one of the terms and conditions herein specified. The Contract may be renewed by mutual written agreement of the parties hereto for an additional five (5) year period. In the event either party desires to renew the Contract, the party requesting renewal shall give written notice to the other party at least Two Hundred and Seventy (270) days before the expiration of the then current term. 4. DEFINITION OF TERMS 4.1 Authorized Representative: Shall mean the employee or employees designated in writing by the Town Manager to represent the Town in the administration and supervision of the Contract. 4.2 B io-hazardous Waste: Shall mean any solid waste or liquid waste which may present a threat of infection or disease to humans or may reasonably be suspected of harboring pathogenic organisms. The term includes, but is not limited to, non-liquid human tissue and body parts; laboratory and veterinary waste which contain human-disease-causuig agents; discarded disposable sharps, human blood, and human blood products and body fluids; and other materials which in the opinion of the State of Florida, Department of Health represent a significant risk of infection to persons outside the generating facility. The definition of the term "bio-hazardous waste" shall be amended upon any amendment of that term as it is defined in Section 381.0098, F.S., as amended from time to time. 4.3 Biological Waste: Shall mean solid waste that causes or has the capability of causing diseases or infection and includes, but is not limited to, bio-medical waste, bio-hazardous waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The definition of the term "biological waste" shall be amended upon any amendment of that term as it is defined in Section 403.703, F.S., as amended from time to time. 4.4 Bulk Trash: Shall mean any non-vegetative item which cannot be containerized, bagged or bundled; including, but not limited to, inoperative and discarded refrigerators, freezers, 6 ranges, toilets, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar appliances, household goods, minor "do it yourself' projects construction debris, up to 1 cubic yard per week, per customer, and furniture and shall not be commingled with vegetative waste. There shall be no weight limit for any items of bulk trash. 4.5 Collection: Shall mean the process whereby solid waste, garbage, trash, bulk trash, vegetative waste or recyclable material is removed and transported to a designated facility. 4.6 Commercial Service: Sha11 herein refer to the service provided to public and private profit and non-profit, business establishments, churches, schools, multiple dwelling units, office buildings and other establishments. Service shall include container rental, the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container locations, supplying locks and locking mechanisms for containers, and other services required for the proper maintenance of containers. 4.7 Commercial Trash: Shall mean any and all accumulations of paper, rags, excelsior or other packing materials, metals, glass, stone, dirt, concrete, plastics, wood, paper or cardboard boxes or containers, sweepings, and any other accumulation not included under the defmition of garbage, generated by the operation of stores, offices, and other business places. Commercial trash shall include furniture, appliances, car parts, and all other accumulations not included within the definition of garbage and shall be included in the service if properly containerized. Commercial trash shall not include special waste. 4.8 Construction and Demolition Debris: Shall mean discarded materials generally considered not to be water-soluble and non-hazardous in nature, including but not limited to, steel, glass, brick, concrete, asphalt, roofing materials, pipe, gypsum, wall board, and lumber from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter, that normally results from land clearing or land development operations for a construction project, including debris from construction of structures a site remote from the construction or demolition project site. Mixing of construction and demolition debris with other types of solid waste will cause it to be classified as other than construction and demolition debris. The term also includes: (a) clean cardboard, paper, plastic, wood, and metal scraps from a construction project; (b) Except as provided in Section 403.707(12)(j), F. S.(as amended), unpainted, non-treated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, non-treated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other solid waste; and (c) De minimis amounts of other non-hazardous wastes that are generated at construction or destruction projects, provided such amounts are consistentwith best management practices of the industry. The term also includes all other materials defined as such from time to time by the Chapter 62-701, F.A.C. 4.9 Contract/A~reement: The Contract executed by the Town and the Contractor for the performance of the work of the solid waste franchise. 4.10 Contractor: shall mean Waste Management Inc. of Florida and its off cers, agents, employees and subcontractors, with whom the Town has entered into an agreement to provide the services described herein. 4.11 Department: Shall mean the Florida Department of Environmental Protection or any successor agency performing a like function. 4.12 Desienated Facility: Shall mean a disposal processing, recovery, recycling, or transfer facility owned by the Solid Waste Authority of Palm Beach County or other facility specifically requested in writing by the Contractor and approved in writing by the Town Manager. 4.13 Disposal Costs: Shall mean the "tipping fees" or landfill costs charged to the Contractor by the designated facility for the disposal and processing of the solid waste collected by the Contractor. 4.14 Garbage: Shall mean all putrescible waste which generally includes but is not limited to kitchen and table food waste, animal, vegetative, food, or any organic waste that is attendant with or results from the storage, preparation, cooking or handling of food materials whether attributed to residential or commercial activities. Vegetative waste shall not be commingled with garbage in the same collection. Garbage shall not include any material that falls within the definition of special waste. 4.15 Garbage Receptacle: Shall mean any commonly available light gauge steel, plastic, or galvanized receptacle of anon-absorbent material, closed at one end and open at the other, furnished with a closely fitted top or lid and handle(s). A receptacle also includes a heavy duty, securely tied, plastic bag designed for use as a garbage receptacle. Any receptacle including waste materials shall not exceed fifty (50) gallons in capacity or fifty (50) pounds in weight. 4.16 Hazardous Waste: means solid waste, or a combination of solid wastes which, because of its quantity, concentration, or physical or chemical or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential threat to human health or the environment when improperly transported disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed by persons licensed under Chapter 497, F.S. The definition of the term "biological waste" shall be amended upon any amendment of that term as it is defined in Section 403.703, F.S., as amended from time to time, or in the State of Florida Administrative Code, or by any future legislative action or by federal, state or local law. 4.17 Industrial Wastes: I1ldustrial wastes are not included in the scope of this Contract. 4.18 Loose Refuse: Refuse which is collected from the ground is considered loose refuse. 4.19 Mechanical Container: Shall mean and include any detachable metal container designed or intended to be mechanically dumped into aloader/packer type of garbage truck used by the Contractor. 8 4.20 Multiple Dwelling Units: Shall mean any building containing two (2) or more permanent living units, not including motels and hotels. 4.21 Performance and Payment Bond: Shall mean the form of security approved by the Town and furnished by the Contractor as required by this Contract as a guarantee that the Contractor will execute the work in accordance with the terms of the Contract. 4.22 Recyclable Materials: Shall mean newspapers (including inserts), magazines and catalogs, aluminum cans, aluminum foil and pie plates, plastic containers, glass bottles and jars, corrugated cardboard, brown paper bags, mixed paper (magazines, phone books, office paper, etc.), drink boxes, milk and juice cartons, and other solid. waste materials added upon Agreement between the Town and the Contractor, when such materials have been either diverted from the remaining solid waste stream or removed prior to their entry into the remaining solid waste stream. 4.23 Recvclin~: Shall mean any process by which solid waste, or materials which otherwise would become solid waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. The definition of the term "recycling" shall be amended upon any amendment of that term as it is defined in Section 403.703, F.S., as amended from time to time. 4.24 Rolloff Collection Service: Shall mean the collection of construction and demolition debris only using rolloff containers or the collection of construction and demolition debris by other mechanical means, within temporary locations in the Town. 4.25 Refuse: Shall mean commercial trash, household trash and garbage. 4.26 Refuse Regulations: Shall refer to regulations prescribed by the Town together with any administrative rules, regulations and procedures as may be established by the Town for the purpose of carrying out or making effective the provisions of this Contract. 4.27 Residential Service: Shall refer to the refuse, recycling and vegetative waste collection service provided to persons occupying residential dwelling units within the Town who are not receiving commercial service. 428 Sludge: Includes the accumulated solids, residues, and precipitates generated as a result of treatment or processing, including wastewater treatment, water supply treatment, or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. The definition of the term "sludge" shall be amended upon any amendment of that term as it is defined in Section 403.703, F.S., as amended from time to time. 4.29 Solid waste: means sludge unregulated under the federal Clean Water or Clean Air Act, sludge from waste treatment works, water supply treatment plant or an air pollution control facility, or garbage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semisolid or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. The definition of the term "solid waste" shall be amended upon any amendment of that term as it is defined in Section 403.703, F.S., as amended from time to time. 9 4.30 St~ecial Waste: Shall mean solid wastes that can require special handling and management, and which are not accepted at a landfill or other disposal facility or which are accepted at a landfill or other disposal facility at higher rates than is charged for refuse, including, but not limited to, white goods, ash residue, waste tires, used oil, lead-acid batteries, demolition debris, yard trash, and biological wastes. The definition of the term "special waste" shall be amended upon any amendment of that term as it is defined in Section 403.703, F.S., as amended from time to time. 4.31 Town: Town of Jupiter, Florida. All dealings, contacts, notice and payments between the Contractor and the Town shall be directed by the Contractor to the Town Manager orhis/her designee. 4.32 Trash: Shall mean all refuse, accumulation of paper, excelsior, rags, wooden or paper bores, cans and containers, sweepings, broken toys, bottles, refuse, tools, machinery, wood, auto parts, construction materials, utensils, litter, tobacco products, mechanical equipment, and all other accumulations of a similar nature other than garbage, which are usual to housekeeping and to the operation of stores, offices and other business places, but shall not include vegetative waste. 4.33 Uniform Level of Service: Shall mean any and all garbage, trash, bulk trash, and vegetative waste, and recyclable materials, whether commercial or residential, which conforms to the preparation and storage requirements of this Contract, and is collected in accordance with the Town approved schedule. 4.34 Vegetative Waste: Shall mean any vegetative matter resulting from yard and landscaping maintenance and land clearing 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 any section must not be more than eight (8) feet in length and must be less than 50 pounds. 4.35 Any terms that are not specifically defined herein shall have the then current meaning ascribed to them in Chapters 403, 381, and 440, Florida Statues as amended from time to time. End of Article I 10 ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR -REFUSE COLLECTION DESCRIPTION OF WORK 5.1 The Contractor shall provide refuse collection services within the municipal boundaries of the Town. 5.2 The Contractor is aware of the requirements of the Florida Solid Waste Management Act ("Act'') and other applicable federal and state laws, and is solely responsible for complying with the requirements of the Act and any new legislation and rules and regulations pertaining to its operations under this Contract; provided, however, that such new legislation, rules, and regulations may, under appropriate circumstances, allow modification of Contractor's rate pursuant to Section 17.4 5.3 The Contractor shall provide, at its own expense, all labor, insurance, supervision, machinery and equipment, plant, building, trucks and any other tools, equipment, accessories, and things necessary to maintain the standard of collections and disposal set forth herein. 5.4 Protection of Adiacent Property and Utilities. The Contractor shall conduct his work in such a manner so as to avoid damage to adjacent private or public property and shall immediately repair or pay for any damage incurred through its operations. The Contractor shall take cognizance of all existing utilities and it shall operate with due care in the vicinity of such utilities and shall immediately repair or have repaired at no additional cost to the Town any breakage or damage caused by its operations. 5.5 Snilla~e. The Contractor shall not litter or cause any spillage to occur upon the premises or the rights-of--way wherein the collection shall occur. During hauling operations, all refuse shall be contained, tied, or enclosed so that leaking, spilling, and blowing are prevented. In the event of any spillage caused by the Contractor, the Contractor shall promptly clean up all spillage. 5.6 Designated Facility. All refuse, recyclable materials and vegetative waste shall be hauled to a designated facility and disposed of at the facility (ies) at the sole expense of the Contractor. RESIDENTIAL COLLECTION SERVICE 6.1 The Contractor shall collect and dispose of all refuse, except special waste, hazardous waste, bio-hazardous waste, biological waste and sludge, from all single family homes, multiple dwelling units and individual trailers and mobile homes. Mobile home parks will be serviced as residential units. 6.1.1 FreQUencv of Collection. The Contractor shall collect refuse from places of residence within the Town at least two (2) times per week, with collections at least tlu-ee (3) days apart. 6.1.2 Hours of Collection. Collection shall begin no earlier than 7:00 a.m., and shall cease no later than 7:00 p.m. The hours of collection may be extended provided the 11 Contractor has received prior approval from the Town Manager, to be evidenced by a written memorandum to the Contractor, with a copy filed with the Town Clerk, confirming the extension of hours for such period of time as the Town Manager determines warranted. Should the Contractor not obtain written approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. No collection shall occur on Sundays or holidays (referenced in 9.5), except when the Town has declared a state of local emergency. 6.1.3 Point of Pickup of Residential Refuse. Collections of residential refuse shall be at curbside, rear alleyway, or other such locations as will provide ready accessibilityto the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the Town Manager shall designate the location. Nothing in this section shall require the Contractor to remove waste resulting from construction activity or the. clearance of vacant lots, except as further required in Section 6.1.6. For those residents who, by reason of their disability, certified by a doctor and approved by the Town, are unable to place garbage receptacles at the curb, collection shall be from the rear door or other accessible location adjacent to the residents, and shall be replaced when empty. The charge for this rear door service shall be as is established by Exhibit II to this Contract. 6.1,4 Receptacles. The Contractor shall be required to pick up all garbage, refuse, trash, and bulk trash generated from residential units which have been properly prepared and stored for collection as follows: All garbage shall be placed in a garbage can or in such other proper disposal bag and shall be placed at curbside or at such other single collection point as maybe agreed upon by the Contractor and the customer. Usual household trash shall either be placed in containers where it shall be collected in the same manner as garbage or piled at curbside. Non-containerized trash shall be collected providing that it does not exceed six (6) feet in length or fifty (50) pounds in weight for any piece or segment of such materials. Multiple Dwelling Units serviced by mechanical containers shall containerize all garbage and trash. Bulk trash shall be collected at a designated site agreed to by the Contractor and the customer and approved by the Town. Containerized services shall include the rolling out and locking and unlocking of containers, opening and closing doors and gates, exchanging containers, changing container location, supplying locks and locking mechanisms, and other services required for proper maintenance of containers. 6.1.5 Method of Collection of Residential Refuse. The Contractor shall make collections with a minimum of noise and disturbances to the resident. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor. Garbage receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside upon the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall 12 be returned upright to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. In the event of damage by the Contractor to garbage receptacles,, the Contractor shall be responsible for the timely repair or replacement of said receptacles within seven (7) days notice by the Town or the customer to the Contractor at no cost to the customer. The replacement must be similar in style, material, quality and capacity. Throwing of any garbage can, container, or recycling container by the Contractor is prohibited. If the Contractor's operations cause any breakage, damage to, or destruction of any item of personal property, the Contractor shall immediately repair or have the item or property repaired at no additional cost to the Town or to the customer or to property owner. 6.1.6 Vacant Lots. The Contractor shall also collect household trash, vegetative waste, and garden and yard trash from the Swale or right-of--way of vacant lots in residential neighborhoods at no additional charge. It will not be the responsibility of the Contractor to remove waste resulting from land clearing of the property for building purposes or solid waste as a result of illegal dumping. 6.1.7 Bulk Trash. The Contractor shall collect bulk trash from residents not less than once per week. Bulk trash shall be picked up in the Charter neighborhoods (Exhibit VI -map) not less than twice per week. The Contractor shall "tag" bulk items to inform customers of reasons those items were not collected on the designated bulk collection day, and warrant special collection due to size or content. 6.1.8 Timeliness of Collections -The Contractor shall collect and remove all garbage, refuse and bulk trash from residences in the Town, on the scheduled pickup day. 6.2 Exclusions. Roll-off construction debris and demolition collection service is not included in this Contract. The Contractor may enter into separate agreements for the collection of construction and demolition debris. Nothing in this Contract shall be construed to give the Contractor the exclusive right to provide construction and demolition debris roll-off service. COMN~RCIAL COLLECTION SERVICE 7.1 The Contractor shall collect and dispose of all refuse, except special waste, construction and demolition debris, hazardous waste, bio-hazardous waste, biological waste and sludge, from or generated by any commercial or industrial use, and any use not contained within residential services. 7.1. I FreQUencv of Collection. Commercial containers may be collected at anv time and will be made frequently enough to prevent containers from becoming overloaded. Commercial customers located adjacent (within a one block radius) to residential uses shall only be collected during residential collection hours as stated in Section 6.1.2. In the event a customer's container is overloaded five times or more in any given year, the Town may require the customer to use a larger container. In the event of an emergency, collection may be permitted at times not allowed by this paragraph, provided the Contractor has received prior written approval from the Town Manager or his authorized representative. Should the Contractor fail to obtain written approval to operate on an emergency basis, it shall be conclusively presumed that the Contractor had not obtained such approval. 13 7.1.2 Point of Pickup of Commercial Refuse. Commercial refuse customers shall place containers at locations that are mutually agreed upon by the customer and the Contractor and approved by the Town, the location of which is mutually convenient to the customer and the Contractor. Where mutual agreement is not reached, the Town Manager or his authorized representative shall designate the location. 7.1.3 Commercial Receptacles. Commercial establishments shall use mechanical containers as defined in Section 4.19. Containers must be properly maintained and kept clean and sanitary by the customer. 7.1.4 Method of Collection of Commercial Refuse. The Contractor shall make collections with as little disturbance as possible to the commercial customer and the surrounding uses. Any refuse spilled by the Contractor shall be picked up immediately by the Contractor. If the Contractor's operations cause any breakage, damage to, or destruction of any item of personal property, the Contractor shall immediately repair or have the item or property repaired at no additional cost to the Town or to the customer or to property owner. 7.1.5 Timeliness of Collections -The Contractor shall collect and remove all refuse and bulk trash from commercial customers in the Town, on the scheduled pickup day. 7.2 Exclusions. Rolloff collection service is not included in this Contract. The Contractor may enter into separate agreements for the collection of construction and demolition debris. Nothing in this Contract shall be construed to give the Contractor the exclusive right to provide construction and demolition debris rolloff service. 1ViLJNICIPAL COLLECTION SERVICE, 8.1 The Contractor shall provide residential or commercial collection and disposal service, as appropriate, to all property owned, leased, rented, or controlled by the Town including, but not limited to, those properties designated by the Town Manager if acquired during the Contract term. Collection services and any additional service areas shall be provided by the Contractor at no charge to the Town. Exhibit I is a current list of properties to receive service under this Contract. 8.1.1 The Contractor shall empty all Refuse, Recycling containers and Vegetative waste from and on and in any and all of the properties listed in Exhibit I at a frequency of two (2) times per week unless changed by the Town Manager and Contractor. The Town shall have the right to use mechanical containers, commercial type trash cans with covers or any other container within the size limits prescribed by definition. The Contractor shall provide, at no charge, all mechanical containers for the use of the Town, and those containers shall be replaced as needed and kept in operable condition by the Contractor throughout the term and any renewal term of the Contract. 8.2 Special Events. The Contractor shall provide, at no additional charge to the Town, all collection services, containers and equipment required for waste collection and disposal service at all Town functions or Town sponsored events set forth in Exhibit I (including, but 14 not limited to, J.T.A.A. softball games, beach clean-up, etc.). 8.3 Timeliness of Collections -The Contractor shall complete al] required municipal collection services by 7:00 p.m. on each scheduled pickup day. 9. SCHEDULES AND ROUTES 9.1 Notice. The Contractor shall: (1) notify the customers in each collection route of the specific day that refuse, recycling, vegetative waste and bulk trash shall be picked up; (2) collect refuse, recycling, vegetative waste and bulk trash between the hours of 7:00 a.m. and 7:00 p.m. on the designated collection day for these items unless a variance to the established schedule is granted in writing by the Town Manager in accordance with the terms of this Contract; (3) utilize flyers, pile tags and other appropriate means of communication to inform route customers of the reason for failing tocomplete apick-upon collection day and actions required by the customer to affect removal; (4) prepare and distribute guidelines to educate customers regarding contract requirements for properly preparing and placing refuse, recycling, vegetative waste and bulk trash so that it will maintain neighborhood appearance and facilitate collection. The Contractor shall distribute these guidelines at least one time annually to existing route customers and to new customers when signing up for service. 9.2 Schedules. The Contractor shall provide the Town with schedules for all collection routes and update such information as needed throughout the term of the Contract. The Contractor shall provide written notice to the Town of any proposed any change in the collection routes or schedule not less than 30 days in advance of the proposed change in route or schedule. The Town Manager may approve, in writing, permanent changes in routes or schedules that alter the day of pickup. Upon Town Manager approval, the Contractor shall publish in a newspaper of general circulation in Palm Beach County, at least seven (7) days prior to the effective date of such route or schedule changes. The cost of publication shall be borne solely by the Contractor. The Contractor shall provide service to all Town residents utilizing streets, alleys, and public and private access routes accessible to the Contractor's equipment. Contractor shall not deny service or increase charges for alley pickup of garbage, refuse or recyclables from the established residential rate. 9.3 Access. The Town reserves the right to deny Contractor's vehicles access to certain streets, alleys and public right-of--way inside the Town enroute to the designated disposal facility where it is in the interest of the general public to do so because of the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of minor street closures. For purposes of this Agreement, a "minor street closure" shall mean a closure of a street or roadway or a portion of street or roadway for 8 hours or less, and a "major street closure" shall mean a closure of more than 8 hours. The Town shall notify the Contractor of major street closures, and the Contractor shall make arrangements for service to be made in a manner satisfactory to the Contractor and Town. Customers under this Contract shall receive reasonable notification ofthe schedules provided bythe Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. NOTE: The Contractor's attention is directed to the fact that at times during the year, the quantity of refuse to be disposed of is materially increased by the influx of visitors. This additional load will not be justification for the Contractor to fail to maintain the required 15 collection schedules and routes. 9.4 Hurricane/Disasterbebris Removal. Reduction and Disposal.. The Contractor, pursuant to a separate written agreement with the Town, shall remove and lawfully dispose of disaster generated debris (other than hazardous materials) from public property and public rights-of- way in the Town immediately after a hurricane or other natural or man-made disaster. The Contractor represents that it is qualified to remove and lawfully dispose of disaster generated debris and is capable of assembling, directing and managing a workforce and equipment that can complete the debris management operation (removal, reduction, if required, and disposal) within the target of ninety (90) days for the Category 4 Hurricane intensity discussed herein. No compensation will accrue to the Contractor under this paragraph unless and until activated, in writing, by the Town Manager or his authorized representative in accordance with this section and Exhibit IQ to this Agreement. 9.4(a) Reimbursements. The Contractor's reimbursement rates, both hourly and cubic yard and tonnage unit costs for disaster debris removal, reduction and disposal shall be determined by the parties and set forth in a written agreement for cleanup activities after a disaster. Any other special rates that maybe required in support of recovery operations will be negotiated prior to the Town issuing an authorization to proceed. 9.4(b) Services of Others. The Town, in its sole discretion, has the right to acquire the services of other contractors if the Town determines that the Contractor's response to the Town's hurricane/disaster debris removal, reduction and disposal effort is unresponsive, or that the quantity of debris from the hurricane disaster event exceeds the Contractor's ability to manage within a reasonable period of time, or if the Town and Contractor cannot agree upon rates for these services. A reasonable period of time is defined as the time in which a competent contractor(s) with experience u~ disaster debris recovery and which has available adequate and appropriate manpower and equipment, would normally complete the work. Collection, hauling and disposal of hurricane disaster debris are nonexclusive and at the Town's sole option. 9.4(c) Compliance with Exhibit III. Contractor shall fully comply with the requirements of Exhibit III attached to this Agreement to the extent they are made applicable by way of the separate written agreement between the Town and Contractor for disaster cleanup. 9.5 Refuse, Multi-Material RecvclinQ and Vegetative Waste Collection durineNatural Disasters. In the event of a hurricane, tornado, flood, major storm, or other natural disaster, the Town Manager may grant a variance from regular collection routes and schedules for the refuse, multi-material recycling and vegetative waste collection. As soon as practicable after such natural disaster, the Contractor shall advise the Town Manager when it is anticipated that normal routes and schedules will be resumed. The Contractor shall make an effort through the local news media to inform the public when regular services may be resumed. The Contractor, if required to expedite collection, shall receive extra compensation above the normal compensation contained in this Agreement to cover the costs to at least include rental equipment, additional personnel, overtime hours, and other documented expenses provided the Contractor has first secured written authorization and approval from the Town Manager prior to the work being performed. All such. costs may be audited by the Town prior to payment. 16 9.6 Holidays. The Contractor will not provide service on the following holidays: Memorial Day, July 4`i', Labor Day, Thanksgiving Day and Christmas Day. If the regular collection day falls on any of the aforementioned holidays, the Contractor shall collect the refuse on the next regularly scheduled collection day. 10. COLLECTION EQUIPMENT 10.1 Condition of Equipment. The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of solid waste collection and disposal equipment. All replacement and additional vehicles shall be new or like new equipment unless otherwise agreed by the Town. Equipment shall be of the enclosed loader packer type, or other equipment which meets industry standards and is approved by the Town. All equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. The Town may reasonably require that the Contractor obtain replacement equipment if the Town is not satisfied with the performance and/or operation of any piece of Contractor's equipment. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the Town at the time of each annual audit. Equipment is to be painted uniformly with the name of the Contractor, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on any of the Contractor's vehicles operated in the Town, except for events sponsored by the Town. In the areas of the Town shown on Exhibit VII, the Contractor shall use single axle collection vehicles with a wheel base of 180 inches or less and a volume of thirteen (13) cubic yards or less. 11. SPECIAL WASTE, HAZARDOUS WASTE, BIO-HAZARDOUS WASTE, BIOLOGICAL WASTE AND SLUDGE COLLECTION EXCLUDED FROM THE CONTRACT. 11.1 Excluded from Franchise. The Contractor shall not be required to collect and dispose of special waste, hazardous waste, bio-hazardous waste, biological waste or sludge, construction and demolition debris, but may offer such collection services in the Town. All such collection and disposal for the types of waste referenced in this section, when done by the Contractor, shall be in strict compliance with all federal, state and local laws and regulations. End of Article II 17 ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR -RECYCLING 12. DESCRIPTION OF THE WORK 12.1 The Contractor shall collect all recyclable materials, including but not limited to, all grades of paper such as newspaper (including inserts), office paper, magazines and catalogs; aluminum foil and pie plates, glass, steel cans, aluminum cans, polyethylene terephthalate ("PET") and high densitypolyethylene ("HOPE") bottles, corrugated cardboard, brown paperbags,mixed paper, drink boxes, set out for the purpose of recycling from all single family homes, multi- familyunits offour (4) or less units under common ownership and individual mobile homes and mobile home parks within the Town limits. The collection of recyclables shall be conducted utilizing two separate containers for each residential customer provided at no charge by the Contractor. Additionally, the Contractor shall provide at no additional charge to the Town, adequate mechanical containers to facilitate aTown-wide recycling program for all condominiums and apartment complexes receiving containerized service. Multifamily containerized recycling services shall utilize ninety-six (96) gallon mechanical containers to collect recyclable materials. As it becomes appropriate or beneficial, other items may be added to the list of recyclable materials at the direction of the Town Manager. Likewise, if it becomes unfeasible or financially impractical to continue collection of any one of the above times, the Contractor may petition the Town Manager for approval to discontinue collection of those items. 12.2 Frequency of Collection. The Contractor shall collect recyclable materials within the Town at least one (1) time per week. The day of collection shall be on the same day as one of the collection days for solid waste. 12.3 Hours of Collection. The Contractor shall begin collection of recyclable materials no earlier than 7:00 a.m. and shall cease no later than 7:00 p.m.; provided, however, that in the event of emergency or unforeseen circumstances, collection may be permitted at atime not allowed by this paragraph upon advance approval by the Town Manager or his authorized representative 12.4 Point of Pickup of Recyclable Materials. Collection of recyclable materials shall be at curbside or other such locations as will provide ready accessibility to the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the Town Manager shall designate the location. 12.5 Receptacles. The Contractor shall pickup all recyclable materials which have been properly prepared for collection and placed in recycling containers or paper bags or other suitable disposal containers and set at curbside. The Contractor shall supply and distribute to each new residence within the Town two (2) containers for recyclable materials and shall provide replacement containers to all residences as needed at no additional charge to the Town or the customer. The total cost of these containers will be borne by the Contractor. The containers shall be A-1 Products Corporation, 18 Model 9732, "BLUE BOX", or approved Town approved equivalent. Receptacles may be imprinted with a logo and/or recycling theme as approved by the Town. All recycling containers shall become the property of the Town after distribution by the Contractor. Any containers which have been distributed or provided by the Contractor prior to the commencement of this Agreement shall also become the property of the Town on the effective date of this Contract. The Contractor shall maintain an adequate supply of containers to provide for replacements and for new residents. All recycling containers provided or replaced by the Contractor shall be identical in type, size and color for each type of recycling container, unless the Town and the Contractor have agreed upon a new style or type of container. 12.6 Method of Collection of Recyclable Materials. Unless otherwise agreed in writing by the parties, the Contractor at the point of pickup of the recyclable materials shall separate the newspaper, aluminum cans, glass and plastics into different sections of the collection vehicle. The Contractor shall make collections with a minimum of noise and disturbance to the residents. Any recyclable materials spilled by the Contractor shall be picked up immediately. Recycling containers shall be thoroughly emptied and left inverted at the point of collection. If the Contractor's operations cause any breakage, damage to, or destruction of any item of personal property, the Contractor shall promptly investigate and, if appropriate, submit same to Contractor's insurance carrier for resolution, which may result in a cash payment or repair at no additional cost to the Town or to the customer or to the property owner. The failure of the Contractor to timely resolve a property damage or personal injury dispute to the satisfaction of the Town, shall entitle the Town to terminate the Franchise Agreement and pursue all available legal remedies. 12.7 Schedules and Routes. The collection of recyclable materials for a single family dwelling unit shall be made on one of the two solid waste collection days for that dwelling unit. Therefore, schedules and routes shall match the schedules and routes for solid waste collection, except that the Town Manager or his authorized representative may modify, extend or suspend schedules in the event of natural disaster, health hazard or any other state of emergency requiring such action. The Town reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the Town en route to the designated disposal facility when it is in the interest of the general public to do so because of the condition of streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of minor street closures. For purposes of this Agreement, a "minor street closure" shall mean a closure of a street or roadway or a portion of street or roadway for 8 hours or less, and a "major street closure" shall mean a closure of more than 8 hours. The Town shall notify the Contractor of major street closures and make arrangements for service to be made in a manner satisfactory to the Contractor and Town. Customers under this Contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 12.8 Monitoring Records. The Contractor shall be responsible for preparing and maintaining information and records regarding its solid waste collection and recycling activities as required by state ,federal and local laws, rules and regulations, and any other documentation 19 which is necessary to determine participation rates and weekly set out rates by percent, type of waste, amount and type of waste that was recycled, volume of solid waste diverted from landfill by percent, weight by material of items recycled, neighborhoods above or below average participation and other information required by Town, Palm Beach County or the State of Florida necessary to meet the requirements of the Solid Waste Management Act or to obtain grant funds from the Solid Waste Management Trust Fund. The Contractor shall furnish monthly reports to the Town due by the 10th of the following month containing the requested information. 12.9 Eauipment. The Contractor shall have on hand at all times, in good working order and sanitary condition, such equipment necessary to perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of recycling equipment and shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. Collection vehicles shall be designed to be driven from both sides and have separate compartments into which the different recyclable materials may be placed. Prior to purchasing equipment, it shall be the responsibility of the Contractor to determine the available space, turning radii, ceiling heights and other constraints of the likely buyers or processors of the recycled materials. All replacement and additional vehicles shall be new or like new equipment unless otherwise agreed to by the Town. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform its contractual duties. A list of the Contractor's equipment owned and used on the Contract shall be given to the Town at the time of each annual audit. The Contractor may also add its name and business telephone number to each side of the vehicle. The collection vehicles must be equipped with audible backing warning signals. The rear of each collection vehicle shall contain signs warning the public of frequent stops. All vehicles shall be numbered and a record kept of the vehicle to which each number is assigned. No advertising shall be permitted on vehicles except that approved by the Town. 12.10 Holidays. The Contractor will not provide service on the following holidays: Memorial Day, July 4~', Labor Day, Thanksgiving Day, and Christmas Day. Residential recyclable materials not collected on Thanksgiving Day shall be collected on the next scheduled recycling collection service day. Residential recyclable materials not collected on approved holidays shall be collected on the next scheduled solid waste collection day whenever possible, but in no event later than the next recycling collection day. 12.11 Timeliness of Collections -The Contractor shall collect and remove all recyclable materials from residences in the Town, on the scheduled pickup day and not later than 7:00 p.m. 13. PROMOTION: PUBLIC RELATIONS AND EDUCATION 13.1 Shared Responsibility. The Town and the Contractor will share responsibility for the promotion of the recycling programs. The Town and the Contractor will cooperate in the design of promotional events and educational programs and the preparation of promotional materials such as door hangers and/or flyers for public distribution; however, the Town's contribution shall be subject to budget, review and approval by the Town. The Contractor shall distribute written information to the residential participants on a periodic basis. The Contractor further agrees to conduct presentations to schools, civic groups, homeowners 20 associations and other appropriate citizens groups. At least once a year, the Contractor shall distribute information in a form and manner pre-approved by the Town, to all residential and commercial customers designed to educate the customers about the benefits of recycling and to promote and encourage recycling and the separation of recyclable materials. End of Article III 21 ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR - VEGETATIVE WASTE COLLECTION 14. DESCRIPTION OF WORK 14.1 The Contractor shall provide vegetative waste collection and disposal within the Towr-'s municipal limits and shall utilize a "tagging'' system to keep customers informed as to the reason (quantity, contamination, etc.) why certain vegetative waste was not picked up during established collection days. 14.2 Frequency of Collection. The Contractor shall provide the necessary equipment to ensure complete collection of vegetative waste from residences within the Town at least two (2) times per week. The day of collection shall be on the same day as the collection day for solid waste. In the event a residential customer has more than eight (8) cubic yards of vegetative waste on their vegetative waste service day, the Contractor may either collect all of the vegetative waste atone time, or tag the pile of vegetative waste to indicate that the vegetative waste will be collected within three (3) calendar days. The day the pile is tagged shall be counted as the first calendar day. 14.3 Hours of Collection. Collection shall begin no earlier than 7:00 a.m. and shall cease not later than 7:00 p.m.; provided that in the event of emergency or unforeseen circumstances, collection may be permitted at a time not allowed by this paragraph with prior approval by the Town Manager or his Authorized Representative. 14.4 Point of Pickup of Veuetative Waste. Collection of vegetative waste shall be at curbside or other such locations as will provide ready accessibilityto the Contractor's collection crew and vehicle. In the event an appropriate location cannot be agreed upon, the Town Manager or his authorized representative shall designate the location. 14.5 Preparation of Vegetative Waste for Collection. The Contractor shall pick up all vegetative waste generated from residential units as follows: Vegetative waste shall be placed in an accessible location adjacent to the pavement or traveled way of the street. Residents will be strongly encouraged to bundle or containerize small or loose vegetative waste. In the event of a dispute between Contractor and a customer as to what constitutes vegetative waste, the dispute will be reviewed and decided by the Town Manager or his authorized representative, whose decision shall be final. 14.6 Method of Collection of Vegetative Waste. The Contractor shall make collections with a minimum of noise and disturbance to the residents. Any vegetative waste dropped or spilled by the Contractor shall be picked up immediately by the Contractor. Receptacles shall be handled carefully by the Contractor, shall not be bent or otherwise abused, and shall be thoroughly emptied and then left at the proper point of collection. Metal and plastic cans shall be inverted with covers placed topside up on the ground next to the container. Any type receptacle found in a rack, cart or enclosure of any kind shall be returned upright, to such rack, cart or enclosure and lids shall be placed securely and properly on the top of said receptacles. If the Contractor's operations cause any breakage, damage to, or destruction of 22 any item of personal property, the Contractor shall promptly investigate and; if appropriate, submit same to Contractor's insurance carrier for resolution, which may result in a cash payment or repair at no additional cost to the Town or to the customer or to the property owner. The failure of the Contractor to timely resolve property damage or personal injury dispute to the satisfaction of the Town, shall entitle the Town to terminate the Franchise Agreement and pursue all available legal remedies. 14.7 Routes. The Town reserves the right to deny Contractor's vehicles access to certain streets, alleys and public ways inside the Town enroute to the designated disposal facility when it is in the interest of the general public to do so because the condition of the streets or bridges. The Contractor shall not interrupt the regular schedule or quality of service because of minor street closures. For purposes of this Agreement, a "minor street closure" shall mean a closure of a street or roadway or a portion of street or roadway for 8 hours or less, and a "major street closure" shall mean a closure of more than 8 hours. The Town shall notify the Contractor of major street closures and make arrangements for service in a manner satisfactory to Contractor and Town. Customers under this Contract shall receive reasonable notification of the schedules provided by the Contractor prior to commencement of service. Only local truck routes shall be used in transit, unless specifically for the purpose of collection. 14.8 Equipment. The Contractor shall have on hand at all times and in good working order such equipment as shall permit the Contractor to adequately and efficiently perform its contractual duties. Equipment shall be obtained from nationally known and recognized manufacturers of solid waste collection and disposal equipment. Collection vehicles shall be of the enclosed loader packer type or other vehicle designed to allow for efficient collection of vegetative waste. The equipment shall be kept in good repair, appearance, and in a sanitary and clean condition at all times. All replacement and additional vehicles shall be new or like new equipment unless otherwise agreed by the Town. The Contractor shall have available reserve equipment which can be put into service within two (2) hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the equipment used by the Contractor to perform the contractual duties. A list of the Contractor's equipment shall be given to the Town at the time of each annual audit. 14.9 Holidays. The Contractor will not provide service on the following holidays: Memorial Day, July 4`~, Labor Day, Thanksgiving Day and Christmas Day. Vegetative waste not collected on Thanksgiving Day shall be collected on the next scheduled vegetative waste collection service day. Vegetative waste not collected on other approved holidays shall be collected on the next scheduled vegetative waste collection day. 14.10 Timeliness of Collections -The Contractor shall collect and remove all vegetative waste from residences in the Town, on the scheduled pickup day and completed no later than 7:00 p.m. unless otherwise expressly authorized by the Town Manager as provided herein. End of Article IV `' 3 L ARTICLE V QUALITY OF SERVICE 15. CONTRACTOR'S PERSONNEL 15.1 Contractor's Officer(sl. The Contractor shall assign a qualified person or persons to be in charge of the administration and supervision of the Contractor's operations ("supervisory personnel")within the Town. The Contractor shall give the names and emergency telephone contact numbers of its designated supervisory personnel to the Town. The Contractor shall keep all contact information provided to the Town current and up to date. Information regarding the supervisory personnel's experience and qualifications shall be also be furnished to the Town in written form. Supervisory personnel must be present on all routes to direct operations in a safe and satisfactory manner. The supervisory personnel must be available for consultation with the Town Manager and/or customers upon reasonable advance notice of a request for consultation. All supervisory personnel shall operate vehicles which are radio equipped. 15.2 Vicious Doffs. Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious dogs in order to accomplish refuse collection. In any case where the customer or tenant has such a vicious dog running at large, the Contractor shall immediately notify the Town Manager of the location, the addresses of the residences not serviced, the circumstances, and the employees' inability to make collection because of the conditions. 15.3 Conduct of Emplovees. The Contractor shall ensure that its employees serve the public in a courteous, helpful and impartial manner. Contractor's collection employees will be required to follow the regular walk for pedestrians while on private property. No trespassing by employees will be permitted, nor crossing property of neighboring premises unless residents or owners of both such properties shall have given permission. Care shall be taken to prevent damage to property, including cans, carts, racks, trees, shrubs, flowers and other plants. If the Contractor's employees cause any breakage, damage to, or destruction of any item of personal property, the Contractor shall promptly investigate and, if appropriate, submit same to Contractor's insurance carrier for resolution, which may result in a cash payment or repair at no additional cost to the Town or to the customer or to property owner. The failure of the Contractor to timely resolve a properly damage or personal injury dispute to the satisfaction of the Town, shall entitle the Town to terminate the Franchise Agreement and pursue all available legal remedies. The Contractor shall be responsible and legally liable for all acts and omissions of its employees. 15.4 Employee Uniform Regulations. The Contractor's solid waste collection employees shall wear a uniform or shirt bearing the Contractor's corporate legal name. Lettering stitched on or identifying patches permanently attached to uniform shirts and jackets will be acceptable. The Contractor shall keep a record of employees' names assigned to the Contract. 15.5 Compliance with State, Federal and Municipal Law. The Contractor shall comply with all applicable Town, State and Federal laws relating to wages, hours, and all other applicable laws relating to the employment or protection of employees, now or hereafter in effect. 15.6 Fair Labor Standards Act. The Contractor is required and hereby agrees by execution of the 24 Contract to pay all employees not less than the Federal minimum wage and to abide by other requirements as established by the Congress of the United States in the Fair Labor Standards Act as amended and changed from time to time. 15.7 Other Emnlovee Benefits. Conditions of employment shall be published and conspicuously posted so all employees maybe informed. The Contractor shall furnish reasonable uniforms, rain gear and safety equipment. 15.8 Each vehicle operator shall at all times carry a valid and current Florida Commercial Driver's License for the type of vehicle that is being driven and shall comply with all restrictions on such license. 15.9 The Contractor shall provide operating and safety training for all employees and personnel. 15.10 The Contractor shall, whenever possible, employ people who are residents of Palm Beach County. 15.11 No person shall be denied employment by the Contractor for reasons of race, sex, national origin, creed, age, physical handicap, or religion. 15.12 Contractor shall maintain a Drug Free Workplace policy. 16. CONTRACTOR'S LOCAL OFFICE 16.1 The Contractor shall provide at its expense, a suitable office located within the Town or within close proximity thereto. The Contractor shall maintain and adequately staff a local toll-free telephone number where complaints shall be received, recorded and handled during normal working hours of each week and shall provide for prompt handling of emergency complaints and all other calls. All calls must be handled in the local office. 16.2 Notification to Customers. The Contractor shall notify all customers in writing about complaint procedures, rates, regulations, and the days of collection. The Contractor shall develop a marketing plan to announce new service levels and route scheduling. Elements of this plan will include, but not be limited to, bi-lingual flyers, publication of changes in the local media, and bulk mailings to residents. End of Article V 25 ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE 17 PAYMENT AND BILLING 17.1 Comvensation. The Town shall bill services of the Contractor under this Contract as shown in Paragraph 17.2 ,based on the unit prices as listed in the Rate Schedule of Exhibit II, subject to any conditions or deductions as provided under the Contract. The rates of Exhibit II shall be effective March Ol, 2007. Contractor's Unit Price Schedule for all collections hereunder shall include transportation costs. Contractor shall submit an invoice by the 10th of each month for services rendered during the preceding month, and payments will be made to the Contractor within 30 days upon receipt and verification of the invoice submitted. 17.2 Billinu Procedures. Billing arrangements for the various service types are summarized as follows: Service Tvpe Customer Billed By Solid Waste Collection - Residential, including Mobile Homes Town - Commercial & Containerized Multi-Family Contractor Vegetative Waste Collection -Residential, including Mobile Homes Town Recyclable Materials Collection -Residential, including Mobile Homes Town - Commercial & Containerized Multi-Family Town Container Rental - Residential Contractor - Commercial Contractor On the first day of each month, the Contract payment(s) for all services hereunder shall be adjusted to correspond with the occupancy of existing or new buildings, and the demolition of old buildings. The adjustment made on the first day of each month shall be for buildings either occupied or demolished during the second month preceding the adjustments; for example, any change which is made on June 1 of any year will be for buildings occupied or demolished in April of the subject year. Any existing unit shall be considered unoccupied whenever the Town has temporarily terminated water service, at the customer's request only. Any new unit shall be considered to be occupied when a certificate of occupancy has been issued and water service has been provided to the unit's occupant(s). Proof of demolition shall be demolition permits issued by the Building Division. The number of units shall be reviewed not less than semi-annually by the Town and the Contractor. Any adjustment as a result of this review shall be reflected on the next invoice from the Contractor. No adjustment shall be made to prior months' invoices due to an incorrect count of units. The Town will bill the residential accounts, as shown above, on a reimbursable basis, for the Contractor. The Town's charge to the Contractor will be $0.1839 per account per month. 26 The Town may request an increase in the billing rate to the Contractor for residential accounts should the cost increase during the term of this Contract. The Town shall submit detailed supporting cost information to justify such an increase. Regardless of the type of service, residential or commercial, all single family, duplex and multi-family units assessed on their Palm Beach County Property Tax Bill by the Solid Waste Authority for disposal fees, shall pay the monthly charge for recyclable materials collection. 17.3 Disposal Costs. Residential and commercial solid waste disposal costs shall be separated from residential and commercial collection service costs. Residential disposal costs will be part of the special assessment billed by the Solid Waste Authority of Palm Beach County ("Authority") except as otherwise provided in this Agreement. The Contractor will be given a disposal credit for each residential unit as calculated by the Solid Waste Authority; and may seek reimbursement of prorated disposal costs from new residents not included in annual Solid Waste Authority residential credit computation; however, the Town shall not be responsible for disposal shortfall costs. In case the Contractor determines that error(s) exist in residential credit computations as calculated by the Solid Waste Authority, the Town will provide reasonable technical assistance towards the resolution of the credit issue. 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 Authorit}~ for all solid waste disposal costs incurred for disposing of all solid waste at the Authority's Disposal Facilities except for the portion of disposal costs which have been separately assessed by the Authority. Any changes in non-assessed portion of conunercial disposal costs will be reflected in the service charge billed by the Contractor. 17.4 Solid Waste & Recvclin~ Collection Rate Adiustments. The Collection portion of the Residential Customer Rates and the Collection portion of the Commercial Customer Rates (e.g., front-load, compactor, and roll-off Rates) shall be adjusted on October 15` of each year, beginning in the first Contract Year, as described below; however, for the rate increase effective on October 1, 2007 the rate adjustment will be equal to fifty percent (50%) of the Consumer Price Index ("CPI"). The Rate shall be adjusted in an amount equal to one hundred percent (100%) of the change in the CPI during the previous year, but the adjustment shall not exceed five percent (5%) in any one year. The formula in Exhibit V shall be used to calculate the Rate for the upcoming Contract Year. Annual adjustments will be calculated from the Consumer Price Index United States All Urban Consumers (CPI) as published by the United States Department of Labor, Department of Labor Statistics for the twelve (12) months ending on July O1 that precedes each new Contract Year. If the CPI is discontinued or substantially altered, the Town may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. Exhibit V contains sample calculations that illustrate how the Collection Rates will be adjusted, based on the CPI. The fees set forth in Exhibit II for Supplemental Services shall be adjusted annually to account for changes in the CPI. These CPI adjustments shall be made in the same manner as the other CPI adjustments described in this Section. Fuel Adjustment Surcharges Once each Contract Year, the Contractor may petition the Town for a rate adjustment on the 27 basis of extraordinary or unusual changes in the cost of operations that could not reasonably be foreseen by a prudent operator. Contractor's petition shall contain a detailed justification for the rate adjustment. Among other things, the Contractor's petition shall include an audited statement of the Contractor's historical and current expenses, confirming an extraordinary increase in Contractor's costs due to factors beyond the Contractor's control, which have occurred through no fault or negligence of the Contractor. The audited statement shall be prepared by a certified public accountant, licensed in the State of Florida, who is not an employee of the Contractor or its affiliates. At its expense, the Town may audit the Contractor's records to evaluate the Contractor's request. The Town may request from the Contractor, and the Contractor shall provide, all of the information that is reasonably necessary for the Town to evaluate the Contractor's petition. In its sole discretion, the Town shall approve or deny the request within sixty (60) days after it receives all of the information needed to evaluate the Contractor's proposal. The Town's decision shall be final and non- appealable. If the Contractor's request is granted, the Town shall have the right to reduce the Contractor's rates when the Contractor's costs are reduced. Every twelve (12) months after a request is granted, the Town shall have the right to request, and the Contractor shall prepare promptly upon request, an updated audit and explanation of whether the extraordinary rate increase should remain in effect. 17.5 Level and Tv~e of Service for Collection of Other Wastes. Where the Contractor agrees to collect special waste, hazardous waste, bio-hazardous waste, biological waste or sludge, a written agreement between the Contractor and the customer shall be entered into regarding the level and type of service to be provided, at a rate to be negotiated between the parties involved. However, upon failure of the parties to reach such an agreement for commercial services only, either party may apply to the Town Manager, who shall establish the level and type of services to be provided, including the area of the container and number of pickups per week. All such collection and disposal for those types of waste in this section, when done by the Contractor, shall be in strict compliance with all Federal, State, and Local laws and regulations. 17.6 Other Considerations. (1) The Contractor will impose no additional customer charges for services described in this Agreement. (2) The Contractor will impose no additional customer charges for disposal charges for residential and commercial customers covered by this Contract. (3) For purposes of this Agreement the conversion factor is presently 134 pounds per cubic yard; however, upon completion of commercial waste generation studies conducted by the Solid Waste Authority of Palm Beach County, the conversion factor maybe adjusted accordingly. End of Article VI 28 ARTICLE VII CONTRACT PERFORMANCElPENALTIES/DEFAULT 18. CONTRACT PERFORMANCE 18.1 The Contractor's performance for services under this Contract shall be supervised by the Town Manager or his authorized representative. If at any time during the term of the Contract, or any renewal term, the Contractor's performance is not reasonably satisfactory to the Tov`~n Manager or his authorized representative, the Contractor, upon notification by the Town Manager or his authorized representative shall increase the workforce, tools, number of collection vehicles, containers, and other equipment as needed to properly perform the Contract. The failure of the Town Manager or his authorized representative to give such notification shall not constitute a waiver of the Contractor's performance by the Town and shall not relieve the Contractor of his obligation to perform the work at the time and in the manner specified by the Contract. 18.2 The Town Manager may authorize the inspection of the Contractor's operations, workforce, vehicles and equipment at any time, and the Contractor shall permit authorized representatives of the Town to make such inspections at any reasonable time and place. 18.4 The failure of the Town at any time to require performance by the Contractor of any provision thereof shall in no way constitute a wavier by the Town and shall not affect the right of the Town thereafter to enforce the Contract. 19. COOPERATION/COORDINATION 19.1 The Contractor shall cooperate with authorized representatives of the Town in every reasonable way in order to facilitate the progress of the work contemplated under this Contract. The Contractor shall have at all times a competent and reliable English speaking representative on duty authorized to receive orders and to act for the Contractor. 20. COMPLAINTS AND COMPLAINT RESOLUTION 20.1 Office. The Contractor shall establish an office within the Town or within close proximity thereto where complaints can be received. The office shall be equipped with sufficient telephones with at least one local phone number, and shall be open during normal business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding only Memorial Day, July 4"', Labor Day, Thanksgiving Day and Christmas Day. 20.2 Complaints. The Contractor shall prepare and maintain, in accordance with a format and method approved by the Town, a register on all complaints, and shall indicate thereon the disposition of each complaint. All records of complaints shall be available for public inspection at all times during business hours to the extent that they are public records in accordance with the provisions of Chapter 119, the Florida Public Records Act. The form shall indicate the name and address of the complainant, the day and hour on which the complaint was received, the method of resolution, and the day and hour on which it was resolved. When a complaint is received after 12:00 noon on the day preceding a holiday, or on a Saturday, it shall be serviced no later than the next working day, and all other complaints shall be resolved within 24 hours of receipt unless otherwise provided in this Agreement. For any valid complaint left unresolved by the Contractor within 24 hours or other time required 29 by this Agreement, the Contractor shall incur a penalty of $250.00 if the complaint exceeds the percentages set forth below. For every additional 24 hours that the complaint goes unresolved, the Contractor shall be penalized $250.00 per day until resolved. Customer informational requests or recycling container requests shall not be considered complaints for purposes of this section unless; the request was accompanied by a complaint. A monthly listing of all the complaints filed by both residential and commercial customers and their disposition shall be mailed monthly to the Town Manager. The legitimacy of challenged complaints shall be determined after an inspection of the complaint records by the Town Manager or his authorized representative. Valid monthly complaints should not exceed the lesser of the following; 1/2% of customers served, nor a total of 2% per year, and the following distribution percentages: Garbage, Trash & Damage .20% monthly; 1.5% annually of customers served Recycling .20% monthly; 1% annually of customers served Vegetation .20% monthly; 2% annually of customers served The decision of the Town Manager or authorized representative on disputed complaints shall be final and non-appealable. 21 20.3 Disputes about Collection of Certain Items. The parties recognize that disputes may arise between the Town and Contractor with regard to the type of items or materials ("disputed refuse")that are subject to collection under this Contract... The Town Manager may orally or in writing notify the Contractor to remove refuse. Should the Contractor fail to remove the refuse within twenty-four (24) hours from time of notification, the Town may remove the refuse and all costs incurred by the Town shall be deducted from compensation due the Contractor. Notice of the amount deducted shall be given to the Contractor. If it is determined that disputed refuse did not conform to Contract specification, the Contractor shall be entitled to additional compensation for removal. DEFAULT AND DISPUTES It shall be the duty of the Town Manager or his authorized representative to monitor the Contractor's services pursuant to the Contract. Any of the following events shall be deemed to be a material breach of contract by the Contractor: 21.1 The Contractor takes the benefits of any present or future insolvency statute, or makes a general assignment for the benefit of creditors, or files a voluntary petition in bankruptcy, or a petition or answer seeking an arrangement for its reorganization, or the readjustment of its indebtedness under the Federal Bankruptcy laws or under any other law or statute of the United States, or any state thereof, or consents to the appointment or a receiver, trustee, or liquidator of all or substantially all of its property; or, 21.2 By order or decree of a court, the Contractor is adjudged bankrupt, or the entry of an order approving a petition filed by any of its creditors or by any of the stockholders of the Contractor seeking its reorganization or the readjustment of its indebtedness under Federal Bankruptcy laws or under any law or statute of the United States or of any state thereof; or, 21.3 By or pursuant to or under authority of any legislative act, resolution, or rule, or any order or decree of any court of 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 30 of the Contractor, and such possession of control shall continue in effect for a period of sixty (60) days; or, 21.4 The Contractor voluntarily abandons, deserts, or discontinues its operations hereunder; or, 21.5 Any lien is filed against any property or premises in the Town because of any act or omission of the Contractor and is not removed and/or the Town and/or landowner is not adequately secured, by bond or otherwise, within ninety (90) days after the Contractor has received written notice thereof; or, 21.6 The Contractor has abandoned, failed, or refused to perform or observe any material term, covenant, duty, obligation, requirement or promise contained in the Contract, or has failed or refused to comply with the instructions of the Town Manager relative thereto; and such default is not cured within seven (7) days after receipt of vt~ritten notice of breach and default from the Town. If the Contractor fails to so cure the default, the Town Manager shall so notify the Town Council and a public hearing shall be set for a date within ten (10) days of such notice. The Town Manager shall, not less than five (5) days prior to the date of such hearing, notify the Contractor and the surety of the date and place of the public hearing at which the Contractor shall be required to show good cause for the Contractor's breach of the terms of the Contract. 21.6.1 If the Contractor fail to appear at the hearing or fails to show good cause why it has breached the terms of the Contract, the Town Council may declare a forfeiture and immediately terminate the Contract. The Town Manager shall then notify the Contractor and the surety on the performance bond of such termination. The Town Council may authorize the Town Manager to take such action as it deems appropriate, including, but not limited to, commencing suit against the Contractor and the pursuit of all available legal and equitable remedies. 21.6.2 If the Contractor and its surety appears at the hearing before the Town Council and demonstrates good cause to the satisfaction of the Town Council, but fails to cure the breach within two (2) days after the hearing before the Town Council, the Town Manager may thereupon declare the Contract immediately terminated. 21.6.3 Upon the Town's notice of breach or default to the Contractor, all payments due the Contractor shall be retained by the Town and applied to the completion of the Contract and to damages suffered and expenses incurred by the Town by reason of such breach, unless the surety on the performance bond shall assume the Contract, in which event all payments remaining due to the Contractor at the time of breach, less amount due the Town from the Contractor and less all sums due the Town for direct, indirect and consequential damages suffered and expenses incurred by reason of such default, shall be due and payable by the surety. Thereafter, such surety shall receive monthly payments equal to those that would have been paid to the Contractor had said Contractor continued to perform the Agreement. If such surety fails to exercise such option to cure, the Town may complete the Contractor any part thereof, either by day labor or by reletting the Contract, and the Town shall have the right to take possession of and use any or all of the vehicles, materials, equipment, facilities, and property of every kind provided by the Contractor for the performance of the Contract and to procure other vehicles of the same and to charge the cost of the same to the Contractor, together with the costs incident thereto. During such period, the 31 liability of the Tovvn to the Contractor for loss or damage to the equipment shall be that of a bailee for hire, ordinary wear and tear being specifically exempt from such liability. In the event the Town completes the Contract at a lesser cost than would have been payable to the Contractor under the Contract if the same had been fulfilled by said Contractor. then the Town shall retain such difference. Should such cost to the Town be greater, the Contractor shall be liable for and pay the amount of such excess cost to the Town. 21.7 Any transferor assignment of the responsibilities ofthe Contractor by the surety must be approved writing and in advance by the Town Council. The Contractor shall be excused from performance in cases of war, insurrection, riot, acts of God, or other causes beyond the Contractor's control. 21.8 Except as otherwise provided in the Contract, any dispute concerning a question of fact or of the legal interpretation of any requirement of the Contract shall be decided by the Town Manager, who shall reduce the decision to writing and furnish a copy thereof to the Contractor. Pending the final decision of the dispute, the Contractor shall proceed diligently with the performance ofthe Contract in accordance with the directions of the Town Manager. The Contractor expressly recognizes the paramount right and duty of the Town to provide adequate waste collection as a necessary government function and further agrees, in consideration for the execution of the contract, that in the event the Town shall invoke the provisions of this section, the Contractor may first negotiate with the Town for an adjustment of the matter or matters in dispute before presenting the matter to a court of competent jurisdiction with venue in Palm Beach County. 22. RIGHT TO REOUIItE PERFORMANCE The failure of the Town at any time to require performance by the Contractor of any provisions herein shall in no way affect the right of the Town thereafter to enforce the same, nor shall said failure constitute a waiver or breach by the Town of any provision of this Contract or a waiver of any succeeding breach of such provisions, or as a waiver of any provision itself. End of Article VII 32 ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS 23. PERMITS AND LICENSES The Contractor shall obtain, at its own expense, all permits and licenses required bylaw or ordinances and maintain the same in full force and effect. The Contractor shall, without additional expense to the Town, be responsible for obtaining all applicable and required licenses and permits and for complying with any applicable federal, state and municipal laws, codes, and regulations in connection with the prosecution of the work. The Contractor shall obtain all necessary permits prior to the Effective Date of the Contract. The Contractor shall give all notices and comply with al] laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the performance of the work. The Town shall not be responsible for monitoring the Contractor's compliance with any laws or regulations. 24. TITLE TO WASTE The Town reserves the right at all times to hold title and ownership to all refuse, vegetative waste or recyclable materials collected by the Contractor. 25. FRANCHISE FEES The Contractor shall pay to the Town a Franchise Fee of three percent (3%) of all gross revenues billed arising out of any franchise services or operations provided by the Contractor in the Town. Solid waste disposal costs paid by the Contractor shall be deducted from the gross revenue total prior to applying the 3% for calculation of the Franchise Fee due to the Town. Franchise Fees shall be payable within. thirty (30) days of the last day of each calendar quarter. A late charge of 1.5% of the monies due for the Franchise Fee shall be calculated monthly until payment is received. The Franchise supporting information, as shown on Exhibit IV shall be submitted with each payment to the Town's authorized representatives. The Town reserves the right to conduct an independent comprehensive financial audit of the Contractor's records. 26. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL, Further, all requests for assignment or subcontracting by the Contractor shall be u1 writing (as required by Section 37) and accompanied by an executed consent of surety on a form approved by the Town. No assignment or subcontracting of this Agreement or any right occurring under this Agreement shall be made in whole or part by the Contractor without the express advance written consent of the Town; provided, however, an assignment to a'subsidiary company of Contractor shall not require such consent The Town shall have full discretion to approve or deny, with or without cause, any proposed assignment or assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express written consent of the Town shall be null and void and shall be grounds for the Town to declare a default of this Agreement and irrunediately 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 Town under this Agreement to the Contractor shall cease, and Town shall have the right to call the performance bond and shall be free to negotiate with other contractors or any other person or company for the service of the franchise area which is the subject of this Agreement. In the event of any agreed upon assignment, the assignee shall fully assume all the duties and liabilities of the Contractor. 33 In the event the Contractor is a corporation, partnership or other legal entity, there shall be no change in the direct legal or factual control of such entity without first obtaining the written consent of the Town; provided, however, that changes in control of the Contractor's ultimate parent, or it subsidiaries, shall not require consent of the Town. A change of legal control includes, but is not limited to, a transfer of the ownership of over 20% of the Contractor or any person or entity awning a 20% or greater interest, direct or indirect, in the Contractor. 27. BONDS AND SURETIES 27.1 Performance Bond. The Contractor shall furnish a performance bond in the form attached to this Contract as security for the performance of the Contract with the Town. The performance bond shall be the greater of $1,000,000.00 or the gross annual revenues (minus disposal fees paid) times one-third (113) as calculated at award and adjusted yearly on the anniversary date of the Contract, to remain in force for the duration of the Contract. The premium for the performance bond described above shall be paid by the Contractor. The performance bond shall be written in a surety company licensed to do business in the State of Florida with an A.M. Best Financial Rating of A Class VI or higher for the most current calendar year available. 27.2 Requirements as to Surety. The surety or sureties shall be a company or companies satisfactory to the Town. Any surety shall be required to have a resident agent in the State of Florida and shall be duly licensed to conduct business therein. The requirement of Florida resident agent maybe waived by the Town if evidence satisfactory to the Town is provided that applicable requirements have been met to permit service of process on a State official under State law. 28. INSURANCE REQUIREMENTS 28.1 Contractor Insurance. During the life of the Contract, the Contractor shall procure, maintain and provide the Town with certificates of insurance as evidence of the insurance required under this Section 28. The Town shall be an additional named insured on all insurance policies with respect to all claims arising out of the operations or work to be performed. Cancellation or modification of said insurance shall not be effected without thirty (30) days prior written notice to Town. Except as otherwise stated, the amounts and types of insurance provided by the Contractor shall conform to the following minimum requirements: 28.1.2 Worker's Compensation. The Contractor shall provide and maintain during the life of the Contract, at its sole own expense, Workers Compensation Insurance coverage to apply for all employees for statutory limits incompliance with the applicable state and federal laws. In addition, the policy must include employers' liability insurance in an amount not less than $100,000 each accident, $100,000 by disease and $500,000 aggregate by disease. If any operations are to be undertaken on or about navigable waters, coverage must be included pursuant to the Longshoremen and Harbor Workers Act and the Jones Act. 28.1.3 Comprehensive General Liability. The Contractor shall provide and maintain during the life of the Contract, at his own expense Comprehensive General Liability Insurance. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability Policy filed by the Insurance Services 34 Off ce and must include: Minimum limits of $5, 000,000 per occurrence combined single limit for bodily injury liability and property damage liability. Premises and/or operations. Independent contractors. Public Liability. Products and/or completed operations. The contractual coverage must specify that it covers the Indemnification and Hold Harmless Agreement which is part of this Contract. 28.1.4 Business Automobile Policy. The Contractor shall provide and maintain during the life of the Contract, at its sole own expense, Comprehensive Automobile Liability Insurance. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Auto Policy filed by the Insurance Services Office and must include: Minimum limits of $5,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. Owned vehicles. Hired and non-owned vehicles. Employer's non-ownership. The contractual coverage must specify that it covers the Hold Harmless Agreement which is part of this Contract. 28.1.5 Umbrella Liability. In addition to the above limits, the Contractor shall provide at least a $10,000,000 umbrella or excess liability insurance policy. 28.2 Certificate of Insurance. Certificates of all insurance required from the Contractor shall be subject to the Town's approval of adequacy and protection. Certificates from the insurance carrier stating the types of coverage provided, limits of liability, and expiration dates, shall be filed with the Town before operations are commenced. The required certificates of insurance shall not only name the types of policies provided, but shall also refer specifically to this Agreement and section and the above paragraphs, in accordance with which such insurance is being furnished, and shall state that such insurance is as required by such paragraphs of the Contract. If the initial insurance expires prior to the completion of the work, renewal certificates shall be furnished, in ten (10) day prior to expiration, and shall state that such insurance is as required by such paragraphs of this Agreement. 28.3 Subrogation. All required insurance shall preclude any underwriter's rights of recovery or subrogation against the Town with the express intention of the parties being that the required coverage's protect both parties as the primary insurance for any and all losses covered by the above described insurance. The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence, Claim or Suit" as they appear in any policy of insurance in which the Town is named as an additional named insured shall not apply to Town. Violation of the terms of this Paragraph 28 and its sub-parts shall constitute a material breach of the Contract by the Contractor and the Town, at its sole discretion, may cancel the Contract and all rights, title and interest of the Contractor shall thereupon cease and terminate. 35 29. NATURAL DISASTERS In the event of a hurricane, tornado, major storm, or other natural disaster, the Contractor's sole responsibility shall be to reestablish regular routes and schedules for the collection of solid waste, recycling, and vegetative waste as soon as practical after the natural disaster. The collection and disposal of solid waste shall be the highest priority. The collection and disposal of debris generated by a natural disaster shall not be the responsibility of the Contractor. Under a separate Agreement, the Town may procure collection and disposal services for debris generated by a natural disaster. The Contractor agrees to provide full cooperation with the Town and the debris collection contractor in the aftermath of a natural disaster in an effort to return the Town to its pre-disaster state, and resume normal collection services. 30. FORCE MAJEURE. Notwithstanding any provisions of this Contract to the contrary, the parties shall not be held liable if failure or delay in the performance of this Contract arises from fires, floods, strikes, terrorists acts, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. 31. PUBLIC WELFARE The Town shall have the power to make changes in or to impose new and reasonable rules and regulations on the Contractor under this Agreement relative to the method of collection and disposal of garbage, trash, bulls 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 Town shall give the Contractor reasonable notice of any proposed change. 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, fmancial or otherwise, of the Contractor. The Contractor shall be reasonably and appropriately compensated as determined by negotiation and Agreement between the Town and the Contractor for any additional services or other obligations required of the Contractor due to any modification in the Agreement under this Section. 32. ANNEXATIONS Adjustments to Service Area boundaries and the rights of the parties to this Contract due to municipal annexation or contraction will be as provided by Florida Statutes Section 171.062, as amended, or its successor. 33. PUBLIC ENTITY CRIMES No Contractor may be a person or affiliate identified on the Department of General Services "convicted vendor" list. This list is defined as consisting of persons and affiliates who are disqualified from public contracting and purchasing process because they have been found guilty of a public entity crime. The Contractor is required to comply with Florida Statutes Section 287.133, as amended, or its successor. 34. COMPLIANCE WITH LAWS AND REGULATIONS 36 The Contractor hereby agrees to abide with all applicable federal, state and local laws and regulations. It is understood that the Town has ordinances for affecting a solid waste control program. It is the responsibility of the Contractor to become familiar with and to adhere to these ordinances, and it is understood that, if any provisions of said ordinances are in conflict with the conditions of the Contract, the ordinances shall be the governing factor for performances of the Contract. 3 S. INDEMNIFICATION 35.1 To the fullest extent permitted by laws and regulations, the Contractor shall indemnify, defend, save and hold harmless, the Town, its off cers, agents and employees from any and all claims, damages, losses, liabilities and expenses of any kind, arising out of the performance or non-performance, negligence, acts, omissions, operations, of and under this Contract by the Contractor and,/or any of its subcontractors, agents, officers, employees or independent contractors. The Contractor shall pay all losses, claims, liens, settlements, or judgments of any nature whatsoever in connection with the foregoing indemnification, including but not limited to, reasonable attorney's fees (including appellate attorneys' fees and costs). The Town reserves the right to reasonably approve of the legal counsel selected by the Contractor to conduct any defense in any such proceedings, and all reasonable costs and fees associated therewith shall be the responsibility of Contractor. Notwithstanding anything contained herein, Contractor is not responsible under this Paragraph for any claims, damages, losses, liabilities and expenses, caused by the sole fault of the Town or any of its employees, agents or contractors. The Contractor's obligation to indemnify, defend, and pay for the defense, or at the Town's option, to participate and associate with the Contractor in the defense and trial of any claim and related settlement negotiations, shall be triggered by the Town's notice of claim for indemnification to the Contractor. The Contractor's inability to evaluate liability or its evaluation of liability, shall not excuse the Contractor's duty to defend and indemnify within seven (7) calendar days after such notice is given by the Town by certified mail. Only an adjudication or judgment after the highest appeal is exhausted, specifically finding the Town solely negligent, shall excuse performance of this provision by the Contractor. The Contractor shall pay all costs and fees related to this obligation and its enforcement by the Town. The Contractor shall pay all costs and fees related to this obligation and its enforcement by the Town. 36. BOOKS AND RECORDS The Contractor shall maintain separate records of accounts, complaints, routes and other Contract information specific to the Town's Contract area. The Town shall have the right to review all records that pertain to the Contract which are maintained by the Contractor upon three (3) days prior written notice. 37. NOTICES All notices hereunder must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested or by commercial courier, provided the courier's regular business is delivery service and provided further that it guarantees delivery to the addressee by the end of the next business day following the courier's receipt from the sender, addressed as follows (or any other address that the Party to be notif ed may have designated to the sender by like notice: 37 TOWN: Town of Jupiter, Florida Attention: Town Manager 210 Military Trail Jupiter, FL. 33458 With a copy to: Town Attorney Baird & Roselli 11891 U.S. Highway One, Suite 1.00 North Palm Beach, FL 33408 CONTRACTOR: Waste Management Inc. of Florida 7700 S.E. Bridge Road Hobe Sound, Florida 33455. 38. SUBCONTRACTORS The Contractor is as fully responsible to the Town for the acts, coordination and omissions of his subcontractors and of persons either directly or indirectly employed by said subcontractor, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract shall create any contractual relationship between any subcontractor and the Town. 39. TERA~IVATION Upon seven (7) calendar days written notice, delivered by certified mail, return receipt requested to the Contractor, the Town may, without cause and without prejudice to any other right or remedy, terminate the Contract for the Town's convenience whenever the Town determines that such termination is in the best interest of the Town. Where the Contract is terminated for the convenience of the Town, the notice of termination must state that the Contract is being terminated for the convenience of the Town under the termination clause and the extent of the termination. Upon receipt of the notice of termination, the Contractor shall promptly discontinue all work at the time 40. WAIVER: The «~aiver of any breach of any provision hereunder by either party shall not be deemed to be a waiver of any preceding or subsequent breach hereunder. 41. GOVERNING LAW This Contract shall be construed in accordance with the laws of the State of Florida. Venue shall be in Palm Beach County. 42 SEVERABILITY If any paragraph, section, sentence, clause or phrase contained in this Contract shall become illegal, null or void or against public policy, for any reason, or shall be held by any court or administrative body of competent jurisdiction to be illegal, null or void or against public policy, the remaining paragraphs, sections, sentences, clauses or phrases contained in this Contract shall not be affected thereby. 38 43. ATTORNEY'S FEES If either parry utilizes legal action, including appeals at all levels, to enforce this Contract, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs. 44. SAFETY The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work. The Contractor shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety (Fla. Stat. Section 440.56), and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA), and its amendments. The Contractor shall take all precautions necessary for the protection of life, health, and general occupational welfare of all persons, including employees of both the Contractor. The Contractor shall comply at all times with applicable Federal, State, and local laws; provisions, and policies governing safety and health, including 29 CFR 1910 and/or 29 CFR 1926, as applicable to the work, including all subsequent revisions and updates. The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: a. All employees on the route and all other persons who maybe affected thereby. b. The performance of the Contract and all materials and equipment incorporated therein. Other property that maybe affected by the Contractor's performance of the Contract, including real and personal property, trees, shrubs, lawns, walks, pavements, structures and utilities. 45. INTEGRATION This Contract states the entire understanding between the parties and supersedes any written or oral representations, statements, negotiations, or agreements to the contrary. The Contractor recognizes that any representations, statements or negotiations made by the Town staff do not suffice to legally bind the Town in a contractual relationship unless they have been reduced to writing, approved and signed by an authorized Town representative. This Contract, once properly executed, shall bind the parties, their assigns, and successors in interest. End of Article VIII 39 IN WITNESS HEREOF, the Town and Contractor have set their hands and seals on the day and year first above written to this Agreement and three counterparts, each of which shall constitute an original. TOWN OF JUPITER Karen J. Golonka, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY Thomas J. Baird, Town Attorney CONTRACTOR: By: Waste Management Inc. of Florida ATTEST: 40 EXI~IBIT I MUNICIPAL COLLECTION AND DISPOSAL SERVICE Municipal Collection Service The Contractor will provide containers and garbage receptacles to be serviced by the Contractor in the following Town-owned or controlled areas at no cost to the Town: Locations Jupiter Civic Center Jupiter Town Hall, Including Life Song Church Buildings Town of Jupiter Maintenance Facility Coastal Way - Riverwalk Town of Jupiter Parks -Double Roads Town of Jupiter Parks -Lighthouse Park Town of Jupiter Parks Department Town of Jupiter Water Plant Town of Jupiter Water System AlA Dune Walkover Garbage Cans *Additional municipal collection and disposal services as defined in Section 8.1 of the Agreement Special Events The Contractor shall provide, at no additional charge to the Town, all collection services, containers and equipment required for waste collection and disposal service to a maximum of eight (8) special events annually sponsored by the Town which require refuse and sanitation services such as JTAA softball, beach clean-up, spring soccer tournaments, etc. 41 EX>FIIBIT II JUPITER RATE SCHEDULE FY 2006 - 2007 Monthly Rate Residential Collection Rates (per unit) -Hauling Only Services Curbside Service Containerized Service Solid Waste $5.37 (2x/wk) $5.37 (2x/wk avg) Vegetative $3.21 (2x/wk) xxx Recycling $2.42 (lxwk) $2.42 (lx/wk) Total $11.00 $7.79 Commercial Recycling and Solid Waste Collection Rates Hauling Only Container Collection Rate Compactor Collection Rate (12 cubic yards or less) Compactor Collection Rate (greater than 12 cubic yards) Roll-off Collection Rate $7.25 per cubic yard $9.06 (1.25 x the container collection rate) $225 per pull N/A per pull Note: Commercial Solid Waste Collection Rate for commercial customers receiving Garbage Can Collection Service shall be the same as the Residential Solid Waste collection Rate, above. If frequency of service is more or less than twice a week (2x/wk), then the commercial can collection rate shall be prorated accordingly. Rates tasted above are for hauling only. 42 SPECIAL SERVICES Service Rolling Out Commercial 95 pr 101 Gallon container, with 10 or more feet per direction Rate Per Service $1.00 (No charge for Residential regardless of distance, no charge for commercial less than 10 feet per direction) Rolling Out Container (and returning it to original location) Back Door Service (Residential Curbside Only)* Opening (and closing) Doors or Gates Locks for Containers Unlocking Containers Supplying (and retrofitting) Locking mechanism on container*** Adding wheels to or changing wheels on Containers Adding lids to or changing lids on Containers Moving Container Location Per Customer Request Changing Out Sizes (Above twice per year)** Additional Scheduled Pick-ups for Residential Containerized Customers Additional Unscheduled (not including "on-call") Pick- ups for Commercial and Residential Containerized Customers $2.70 Negotiable No Charge $12.00 (one time) Charge for Replacements based on cost + 10% $2.00 $55.00 No Charge No Charge No Charge $25.00 Same as Applicable Commercial Collection Rates (No Disposal Charges) 3 Times Applicable Commercial Rates (No Disposal Charges for Residential) Special Service or Special Equipment Required Because Negotiable of Impaired Accessibility * There will be no charge for those residents medically unable to bring solid waste, vegetative waste or recyclable materials to curbside as delineated in Section 4. ** The first two change outs are free to the Customer. *** Determination of necessity of locking mechanisms is based on Customer requirements. 43 MONTHLY CONTAINER RENTAL RATES CONTAINERS (NON-COMPACTII`?G) SIZE RATE* (CUBIC YARDS) Without Locking Mechanism 2YD $0.00 3YD $0.00 4YD $0.00 6YD $0.00 8YD $0.00 Roll-Off Container N/A *Included in yardage rate. Capacities in between these values can be obtained by interpolation. Capacities outside of these values can be obtained by extrapolation. Commercial Solid Waste and Vegetative Disposal Charge Calculation The Solid Waste Authority ("Authorit}~') will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on a calculation supplied by the Authority and the tipping fee. The calculation for non- compacted garbage and trash is 134 lbs/cubic yard times the Authority's tipping fee ($28/ton) times 1 ton/2000 Ibs _ $1.88 /cy. Commercial non-compacted vegetation is calculated at 275 lbs/cubic yard times the Authority's tipping fee ($23/ton) times 1 ton/2000 lbs = $3.16 /cy. The compacted rate for commercial solid waste or vegetative waste maybe billed at either actual expense or three times the rate for non-compacted solid waste or vegetative rate, respectively. In the unlikely event the Authority charges a tipping fee for recyclable materials, the Contract Administrator will determine the conversion factor and calculate the factor times the tipping fee for rec}~clable materials. The Contractor will be responsible for billing commercial recycling collection Customers for the recyclable materials disposal fee. 44 E~ZIIBIT III Hil2RICANE/DISASTERbEBRIS REMOVAL, REDUCTION AND DISPOSAL REQUIREMENTS The provisions of this Exhibit III are applicable only to the extent that the Contractor and Town enter into a separate written agreement for disaster debris removal and then only to the extent such provisions are mutually accepted by the parties. BACKGROUND The Solid Waste Authority of Palm Beach County ("Authority'), a special district created by Chapter 75-473, Laws of Florida, has developed a debris management plan ("Plan") that describes the general needs and approaches for handling large volumes of debris after a major disaster. It provides general information on debris classifications, local hauling, and disposal capabilities and capacities, and considerations for temporary debris management sites. That Plan will provide general guidance for the Contractor and it shall become familiar with the Plan and its applicability to the Town's debris management requirements. The Authority's disaster recovery planning includes considerations for removing and processing the volumes and types of debris to be generated by a major disaster such as a hurricane and the procedures for disposing of that debris. The planning approach is formulated in part on the concept of strategic planning and pre-positioning of resources necessary for timely coordinated recovery operations, including removal of debris from public property and right-of--ways throughout Palrn Beach County using a combination of county, municipal, and contractor forces. The Authority envisions the need for multiple contracts to carry out the debris removal and disposal work throughout Palm Beach County based on a Category 4 Hurricane. The cities are responsible to collect debris in their jurisdictions. The cities may use the Authority's temporary or permanent debris storage and reduction sites or other approved sites to dispose of the debris. The Authority has selected a Category 4 wet hurricane that impacts the entire county with equal intensity as its planning standard. The worst case debris volume anticipated from such a storm impacting the entire county with equal intensity is approximately 12 million cubic yards. This estimated debris volume is a planning figure that was used in determining the maximum land area requirements for debris management sites and other resource needs. It is not a fixed quantity for the purpose of contractual obligations. The actual volume of debris maybe greater than or less than 12 million cubic yards, and probably will be considerably less. The Authority's goal is to complete the debris removal and disposal process in 90 days. This assumes that the entire area of the county will be accessible within that period. Due to the low elevation and potential for flooding some areas might be inaccessible for several weeks after a major natural disaster. 2. CONTRACTOR GENERAL REQUIlZEMENTS The Contractor shall provide all expertise, effort, personnel, materials, and equipment, including recovery management support (e.g., reimbursement documentation and substantiation) necessary for the timely removal and lawful disposal of all debris (except hazardous materials) generated by disasters that impact the Town. The Contractor shall provide for the cost-effective and efficient removal and lawful disposal of debris accumulated and deposited on public property, Town streets, roads and other rights- of-way, and any other Town facility or site as maybe directed. Services shall be performed on an "as needed" basis when directed by the Town. For planning purposes, the Contractor shall assume that the total volume of debris from a wet Category 4 Hurricane maybe from 650,000 to 700,000 cubic yards based on the Authority's modeling efforts. Actual volumes of debris may be more or less depending on the magnitude of the hurricane. 45 The Contractor shall determine the method and manner of debris removal, reduction and disposal that provide the greatest economy of operations and cost savings to the Town. The Contractor shall present to the Town for review and discussion General Operations and Action Plans along with sufficient supporting documentation to adequately describe all planned actions for disaster debris removal and lawful disposal, including names, addresses and phone numbers of key management and subcontractors personnel involved in implementing the plan. The Contractor shall agree to execute this plan, after Town acceptance, with all manners of contingencies recognized, when authorized by the Town. This plan shall be submitted and revised annually by May 1st of each year. The Contractor shall be responsible for the timely removal and lawful disposal of debris, except hazardous materials, from: 1) Town, County and FDOT streets, roads, and rights-of--way within Town limits; 2) public property and facilities; 3) any other Town facility or site as may be directed; and, private property when necessary to protect the public or to facilitate completion of required work, provided that entry onto private property is specifically authorized by the Town. (The Town will secure written permission from the owner). The Contractor shall be responsible for coordinating operations in such a mariner as to least interfere with the work of local utility company crews. The Town reserves the right to approve or disapprove all subcontractors used by the Contractor. When a major disaster occurs or is imminent, the Town Manager or designee will contact the Contractor to advise them of the Town's intent to activate the contracts for removal and disposal of disaster debris. Contractor will be responsible for determining the method and manner of all debris removal and lawful disposal operations. Disposal of debris will be at lawful sites that are closest to the Town to minimize cost. The Contractor will be responsible for the lawful disposal of all debris and debris-reduction by-products. Within 12 hours of receiving the written Notice to Proceed, Contractor will send a management team to the Town to begin planning for the operations and mobilizing the personnel and equipment as necessary to perform the work. 3. WORKFORCE CAPACITY Contractor affirms that it has the capacity to manage a major workforce with multiple subcontractors and to cover the expenses associated with a major recovery operation prior to the initial Town payment and between subsequent payments, as well as the capacity to provide the necessary bonds and insurance. The Contractor has an established management team, an established network of resources to provide the necessary equipment and personnel, comprehensive debris removal and volume reduction operations, and demonstrated experience in disaster recovery projects. Furthermore, the Contractor affirms that both corporate and individuals are fully licensed and certified for the type of work to be performed in the State of Florida. 4. CURBSIDE SEGREGATION Curbside segregation of debris and disaster-generated or related wastes will be the responsibility of the Contractor. The debris removal and disposal Contractor will be required to aid in the segregation and waste stream management processes. Any Household Hazardous Waste ("HHW") encountered by the debris removal is to be set aside. HHW disposal will be the responsibility of the resident. The Town will consult with the Authority to designate HHW drop- off locations. The following items are considered HHW for the purpose of this contract: 46 Used Oil Batteries Paint Aerosol spray cans Pesticides Antifreeze Fluorescent light bulbs Propane tanks (household size) The Contractor maybe required to set up a lined containment area for temporary storage of large quantities of HHW pending designation of HHW drop-off locations. Commercial and industrial hazardous waste such as chemicals, gas containers, transformers, and any other form of hazardous or toxic matter will be set aside for collection and disposal by a Hazardous Materials Removal and Disposal Contractor utilized by the Solid Waste Authority of Palm Beach County. AUTHORIZATION OF WORK Specific work authorizations by the Town will be through written Task Orders. Task Orders will define the job to be accomplished, location of job, time-frame for completion, etc. Any job rates not covered by the Solid Waste Authority of Palm Beach County Hurricane/Disaster Debris Removal, Reduction and Disposal Contracts will be negotiated. The Town reserves the right to extend operations on a weekly basis. Each Task Order will be uniquely and sequentially numbered. The Contractor is authorized to work during daylight hours up to 10 hours per day, 7 days per week. Any deviations from this schedule will require Town approval. The Contractor shall be responsible for determining what permits are necessary to perform under the contract. Copies of all permits shall be submitted to the Town Manager or his designee prior to issuance of the first Task Order. The Contractor shall conduct the Work so as not to interfere with the disaster response and recovery activities of the federal, state and local governments or agencies, or of any public utilities MEASUREMENT OF QUANTITIES Payment for debris hauled will be based on the quantity of debris hauled in cubic yards or yard/miles depending on where the debris is taken. Debris hauled to a debris management site will require a validated load ticket. Drivers will have available load tickets at the loading site which will be signed by a Town loading site monitor. The quantity of debris hauled will be estimated in cubic yards at the debris management site by an Authority debris management site monitor. The estimated quantity will be recorded on the load ticket. The Authority debris management site monitor will retain one copy of the load ticket and the driver will retain two copies of the load ticket. Debris being hauled to a permanent landfill will be paid based on yard- miles recorded on an approved load ticket. Payment will be made against the Contractor's invoice once site monitor and contractor load tickets and/or scale tickets match. A sample load ticket is attached. Contractor shall print (at his expense) the required number of load tickets and have them available within 30 davs of this contract amendment execution. 47 -SAMPLE- (Insert City Name Here) LOAD TICKET Ticket Number: 000001 Contract Number: Contractor's Name: Driver's Name & Driver's Licenses Number: Truck License Number: Pickup Site Location: Time: Debris Classification: Burnable (Clean Woody Debris) Non-Bumable (Treated Lumber, Metals, C&D) Mixed (Burnable and Non-Burnable) Other (Define) Printed Name of Loading Site Monitor: Signature: Debris Disposal Site Location: Time: Estimated Quantity of Debris on Truck" Cubic Yards Printed Name of Disposal Site Monitor: Signature: Remarks: The Town shall have the right to inspect all debris removal operations of the Contractor and to verify quantities of debris at any time. The Contractor shall keep detailed written daily records and supporting documentation of the Work, specifically including a "Daily Report" describing the Work performed and the debris removed pursuant to the Contract. The records of the Contractor must at a minimum satisfy the required report and record keeping requirements of the Federal Emergency Management ("FEMA") necessary for the reimbursement of the reasonable costs and expenses of this Contract by FEMA to the Town. In addition, each truckload of debris must be accurately measured and numbered and a "Debris Load Ticket" shall be prepared by the Contractor which shall contain at a minimum the following information: 48 1. The Load Ticket Number; 2. Contractor's Name; 3 . Date of truckload; 4. Quantity of debris measured by the cubic yard; 5. Truck Identification Number or License Tag Number; Name of Truck Driver; Classification of Debris (i.e., Vegetation, burnable, non-burnable, mixed, other); 8. Location of Debris Removal; 9. Location of Debris Dumpsite; 10. Loading Time (debris site arrival time and departure time) 11. Dumping Time (dumpsite arrival time and departure time) 12. Name of Contract Monitor. The Contractor shall provide the Town with two copies of the completed Load Tickets, and shall retain at least one copy for the Contractor's records. The Contractor shall submit the Daily Report to the Town each day during the term of the Contract, which Daily Report shall contain the following minimum information: 1. Contractor's name 2. Crew Members Names 3. Location of Work 4. Date of report 5. Daily and cumulative totals of debris removed. Discrepancies between the daily report and the Debris Load Tickets will be reconciled no later than the following day. The Contractor shall coordinate with the dumpsite operator to facilitate effective dumping operations. All trucks used to haul debris must be capable of rapidly dumping its load without the assistance of other equipment; be equipped with a tailgate that will effectively contain the debris during transport and permit the truck to be filled to capacity; and measured and marked for its load capacity. Under no circumstances shall the Contractor mix debris hauled for third parties with debris hauled pursuant to this Agreement. The Contractor shall assist the Town in completing any and all forms necessary for reimbursement from state or federal agencies, including, but not limited to, the Federal Emergency Management Agency (FEMA) relating to costs arising out of debris management effort. EQUIPMENT All trucks and equipment must be in compliance with all applicable federal, state, and local rules and regulations. Trucks used to haul debris must be capable of rapidly dumping their load without the assistance of other equipment, be equipped with a tailgate that will effectively contain the debris during transport that will permit the trucks to be filled to capacity. Cyclone fence may be used as temporary tailgates if they comply with the following specifications: Fencing must be permanently attached to one side of the truck bed. After loading, the fencing must be tied to the other side of the truck bed at two places with heavy gauge wire. Fencing must extend to the bottom of the bed. After loading, bottom of fencing shall be tight against the bed of the truck and secured at a 49 minimum of two locations. Solid iron metal bard must be secured to both sides of the fencing. The Contractor shall submit to the Town certifications indicating the type of vehicle, make and model, license plate number, equipment number, and measured maximum volume, in cubic yards, of the load bed of each piece of equipment utilized to haul debris. The measured volume of each piece of equipment shall be calculated from actual internal physical measurement performed and certified by the Contractor. Maximum volumes may be rounded up to the nearest cubic yard. The reported measured maximum volume of any load bed shall be the same as shown on the signs fixed to each piece of equipment. The Town reserves the right to re-measure trucks at any time to verify reported capacity. Sideboards, if installed, must be constructed of 2" x 6" boards or greater and may not extend more than 2 feed above the metal bedsides. Once installed all sideboard extensions must remain in place throughout the operation, or the vehicle must be re-measured and remarked. All extensions to the bed are subject to acceptance or rejection by the Town's Inspector. Trucks or equipment that are designated for use under this Contract shall not be used for any other work during working hours. The Contractor shall not solicit work from private citizens or others to be performed in the designated Debris Management Zone during the period of this contract. Under no circumstances will the Contractor mix debris hauled for others with debris hauled under this Contract. Should hourly rates be used to pay for certain equipment then preventative maintenance not in excess of fifteen (15) minutes in a normal workday will be paid at the regular hourly rate. Preventative maintenance or down time resulting from equipment failure, routine maintenance and fueling that exceeds fifteen (15) minutes will be considered unacceptable work and non-payment of that time will be rounded off to the half hour of all hours where delays occur. Preventative maintenance is defined as the usual field maintenance to keep equipment in operating condition without the use of extensive shop equipment. Fueling of equipment will be considered as part of preventative maintenance. SECURING DEBRIS The Contractor shall be responsible for properly and adequately securing debris on each piece of equipment utilized to haul debris. Prior to leaving the loading site, the Contractor shall ensure that each load is secure and trimmed to that no debris extends horizontally beyond the bed of the equipment in any direction. All loose debris shall be reasonable compacted during loading and secured during transport. Tarps or other coverings shall be provided by the Contractor to prevent materials from falling or being blown from the bed. 9. EQUII'MENT SIGNAGE Prior to commencing operations, the Contractor shall affix to each piece of equipment, signs or markings indicating the Contractor's name and a unique equipment identification number. One sign shall be placed on each side of the equipment. For those trucks, trailers and other equipment intended to haul debris, the maximum volume, in cubic yards, of the load bed shall also be shown. Signs shall be maintained in an easily readable fashion for the duration of the work. Minimum litter size shall be 3" in height. 10. DEBRIS CLEARANCE (FOR ACCESS) FROM RIGHTS-OF-WAY AND PUBLIC PROPERTY. The Town intends to perform debris clearance for access with its own forces. However, in a significant disaster, these resources maybe insufficient to perform the clearance activities in a timely manner. The Contractor may be requested to provide assistance, if needed, on a time and material basis using the Solid Waste Authority of Palm Beach County's rate structure. When the Town Manager or his designee requests this assistance, the Contractor shall respond on a priority basis to that request within eight hours. 50 Clean-up, demolition, debris removal will be limited to that which is determined to be in the interest of public safety and which is considered essential to the economic recovery of the affected area. The Work shall consist of the removal of damaged vegetation, damaged and fallen trees, bushed and shrubs, broken and partially broken and severed tree limbs, untreated structural timber, untreated wood products, brush, and the clean-up and removal of such debris to an approved dumpsite. Debris, including fallen trees, which extends from the Town right-of--way onto private property, shall be cut at the point it intersects with the right-of--way, and the part of the debris which lies within the Town right-of--way shall be removed. The Contractor shall not enter upon any private property without the prior written approval of the Town. Debris that is classified as "household hazardous waste" shall not be transported under this Contract. For purposes of this Agreement, the term "household hazardous waste" shall include but not be limited to, petroleum products, paint products, known or suspected hazardous materials such as asbestos, lead-based paint, and electrical transformer removed by others. 11. OPERATIONS PLAN The Contractor shall submit an Operations Plan by May 1, 2007 and update at least annually by that date. The description must, at a minimum, include the following: A. A description of the method and manner of debris removal and lawful disposal that will be employed for disaster generated debris. That plan should demonstrate how the Contractor will satisfy the requirements of debris removal, reduction and disposal for the Town. 1) A detailed description of the general sequence of debris removal operations to be performed. 2) A detailed description of the resources (workforce and equipment) to be employed along with the sources of those resources, i.e. a list of subcontractors with whom the Contractor has agreements for post-disaster support. 3) An estimate of the time required to complete the removal and lawful disposal of approximately 650,000 - 700,000 cubic yards of debris with percentage distribution of 30% clan woody debris and 70% mixed construction and demolition (C&D) debris based on a Category 4 Wet Hurricane. Note that the goal allowable time for completion of the removal and disposal operations is 90 days. 4) A description of how Contractor will ensure that all debris management operations are performed in compliance with all applicable regulations and permits. 5) A description of how the Contractor will concurrently with his debris management operations, fulfill his responsibilities for refuse, multi-material recycling and vegetative waste collection for the Town. B. A description of the type of subcontracts to be utilized in performing these services. C. A summary of the Contractor's personnel that will be dedicated to the contract. The summary must include the names of all members of the prof ect management team; their phone number and how they can be contacted in an emergency; the number of management employees that will be assigned to the Contract, job titles and responsibilities. D. A description of the accounting and financial controls that will be utilized in managing, monitoring and accounting for the resources to be employed. 51 12. INSiJRANCE & INDEMNIFICATION During the performance of the Services under this Agreement, Contractor shall maintain the insurance coverages as required by Paragraph 28 of the Franchise Agreement and shall provide the same indemnification as required by the Franchise Agreement. 52 EXHIBIT N MONTHLY FINANCIAL REPORTING FORMAT The Contractor shall submit to the Town within forty-five (45) days of the end of each month a revenue statement prepared in accordance with general accepted accounting standards for each residential and commercial operation within each the Town. A separate monthly statement will need to be submitted for residential and commercial operation within the Town. The required format for monthly financial statement reporting in accordance with this Franchise Agreement is shown below. (Contractor) Statement of Revenues and Disposal Expenses (Residential or Commercial) Service Area (#) For (month, year) ended (month, year) Revenues: (list by type -commercial and residential, including collection rates, container rental, special service rates, etc.) Total Revenue: $ Disposal Expenses: Disposal fees paid to the Authority/Others 1\Tet Franchise Fees (Net " .03) Signature of Contractor's Authorized Representative Date Printed Name of Contractor's Representative 53 EXHIBIT V CPI ADJUSTMENT FORMULA AND SAMPLE CALCULATION Rate Adjustment Formula Rate Effective Year 3 =Rate Effective Year 2 x [l + Rate of Change in CPI 'CPI Year 3 -CPI Year 2 Where Rate of Change in CPI = Minirnum of x 100%, 5.00% ,, CPI Year 2 Sample Rate Adjustment Calculations Example 1 CPI Year 2 as of 10/1/08 = 203.5 CPI Year 3 as of 10/ 1 /09 = 210.7 Rate Effective Year 2 = 11.35 'CPI Year 3 -CPI Year 2 ~ Rate of Change in CPI = Minimum of x 100%, 5.00% ~ CPI Year 2 , =Minimum of 3.54%, 5.00%~ = 3.54% Rate Effective Year 3 =Rate Effective Year 2 x [l + Rate of Change in CPI =11.35x[1+0.0354 =11.75 Example 2 CPI Year 2 as of 10/1/08 = 203.5 CPI Year 3 as of 10/1/09 = 217.7 Rate Effective Year 2 = 1 1.35 Rate of Change in CPI = Minimum of CPI Year 3 -CPI Year 2 x 100%, 5.00%~ ~ CPI Year 2 = Minimum of 6.98%, 5.00%~ = 5.00% Rate Effective Year 3 =Rate Effective Year 2 x [1 + Rate of Change in CPI =11.35x[1+0.05] =11.92 54 EXHIBIT VI MAP OF CHARTER NEIGHBORHOODS 55 EXHIBIT VII MAP OF AREAS OF USE OF SMALL COLLECTION EQUIPMENT 56