The URL can be used to link to this page

Home My WebLink AboutItem #06 Commerical and Multi-Family Solid Wast Collection Franchise Agreement e Centex of Good £ AGENDA ITEM COVER SHEET Meeting Date: May 15, 2012 Item # rp Reviewed By: Contact Name: Joyce Tolbert Department Director: Contact Number: 1516 City Manager: Subject: Commercial and Multi- Family Solid Waste Collection Franchise Agreement Background Summary: The initial term of the Exclusive Commercial and Multi- Family Solid Waste Collection Franchise Agreement with Waste Depot LLC dba Waste Works was for three years, and expires on December 1, 2012. Section 4 of the franchise agreement states, "The initial term of the franchise may be extended by mutual agreement of the City and the Franchisee for an additional two (2) year term commencing with the expiration of the initial term and terminating on December 1, 2014 ". The City received the attached extension letter from Waste Works dated March 20, 2012 requesting the City extend the franchise to December 1, 2014. The first amendment to the contract was executed on January 5, 2010 to amend the franchise commencement date, and provide for reimbursement of expenses incurred by the City for services performed by the former franchisee. The Second Amendment also includes a provision to amend the total term to five (5) years in lieu of the seven (7) years incorrectly stated in Section 4 of the franchise agreement, as the City Commission approved a three -year initial term with the option to extend the franchise for an additional two -year term. Issue: The City's Exclusive Commercial and Multi- Family Solid Waste Collection Franchise Agreement with Waste Depot LLC DBA Waste Works will expire on December 1, 2012. The City Commission must decide to extend the contract for an additional two (2) years, or move forward with a new RFP for commercial solid waste collection. Recommendations Staff respectfully recommends that the City Commission: A) Approve the Second Amendment to the Exclusive Commercial and Multi- Family Solid Waste Collection Franchise Agreement with Waste Depot LLC dba Waste Works; or B) Authorize staff to move forward with a new RFP for commercial solid waste collection. Attachments: 1. Franchise Agreement 2. Second Amendment to Franchise Agreement (original forthcoming) 3. Waste Works' extension request Financial Impact: If the contract is extended, the amendment does not change customer collection rates or City revenue from the franchise fee. If a new RFP is authorized, new rates would be implemented which would affect franchise fees collected in an undetermined manner. Type of Item: (please mark with an "x') Public Hearing For Clerk's Dept Use: 1 Ordinance First Reading Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda Commission Approval X Discussion & Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. � e%di✓7 / N/A Reviewed by ( ) N/A 2 SECOND AMENDMENT TO EXCLUSIVE COMMERCIAL AND MULTI - FAMILY SOLID WASTE COLLECTION FRANCHISE AGREEMENT This Second Amendment to Exclusive Commercial and Multi- Family Solid Waste Collection Franchise Agreement (this "Second Amendment ") is made and entered as of the day of , 2012 by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City ") and WASTE DEPOT LLC DBA WASTE WORKS, a Florida limited liability corporation (hereinafter referred to as the "Franchisee "). PREMISES: WHEREAS, the City and Franchisee entered into that certain Exclusive Commercial and Multi - Family Solid Waste Collection Franchise Agreement dated October 20, 2009 and as amended by that certain First Amendment to Exclusive Commercial and Multi- Family Solid Waste Collection Franchise Agreement dated January 5, 2010 (collectively, the "Agreement "); and WHEREAS, the parties desire to exercise the option as set forth in Section 4 of the Agreement to extend the term of the Agreement for an additional two (2) years so that the Agreement expires on December 1, 2014. WITNESSETH: NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, City and Franchisee hereby agree as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Capitalized Terms. All capitalized terms used herein shall be as defined in the Agreement unless otherwise indicated or defined in this Second Amendment. 3. Term. Section 4 of the Agreement is hereby deleted in its entirety and replaced with the following: The franchise shall expire on December 1, 2014, unless sooner terminated by the City due to breach of the terms of this Agreement by the Franchisee. 4. Binding Effect. Except as amended hereby, the Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratify and confirm the terms and conditions of the Agreement. All references herein to the Agreement shall refer to the Agreement as amended by this Second Amendment unless the text or context indicates otherwise. In the event of any conflict between the Agreement and this Second Amendment, it is agreed that this Second Amendment shall control. 5. Counterparts. This Second Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Second Amendment to be executed by its Mayor and attested by its City Clerk, and has caused its seal to be hereto affixed; and the Franchisee has caused this Second Amendment to be executed in its name, all as of the day and year first above written. Signed, sealed and delivered CITY in the presence of: CITY OF OCOEE By: S. Scott Vandergrift, Mayor Attest: Beth Eikenberry, City Clerk FOR USE AND RELIANCE ONLY BY THE APPROVED BY THE OCOEE CITY CITY OF OCOEE, FLORIDA; APPROVED AS COMMISSION AT A MEETING HELD ON TO FORM AND LEGALITY THIS DAY , 2012 UNDER AGENDA OF 2012. ITEM NO. Shuffield Lowman & Wilson P.A. By: City Attorney Signed, sealed and delivered FRANCHISEE in the presence of: WASTE DEPOT LLC dba Waste Works By: Print Name: Title: 2- . Printed on MM% Corisnnter Recycled Paper I' ink cl O3 March 20, 2012 Steve Krug City of Ocoee Public Works 301 Maguire Road, Ocoee, FL 34761 Dear Steve: Pursuant to Section 4 of the Exclusive Commercial and Multi - Family Solid Waste Collection Franchise Agreement between the City of Ocoee and Waste Depot LLC, the Initial Term of the franchise, terminating December 1, 2012, "may be extended by mutual agreement of the City and the Franchisee for an additional two (2) year term ....terminating on December 1, 2014." Whereas we would like to make some improvements to the equipment utilized to perform the franchise work, we would like to be assured that the Initial Term will be extended until December 1, 2014. Accordingly, we are requesting that the City notify us in writing of the City's mutual consent to such extension. Thank you for your attention to this matter. egards, Paul Reddish P.O. Box 980 • Ocoee, Florida 34701 • Ph. 407 - 447 -0047 • Fx. 1- 877 -587 -3534 FIRST AMENDMENT TO EXCLUSIVE COMMERCIAL AND MULTI - FAMILY SOLID WASTE COLLECTION FRANCHISE AGREEMENT This First Amendment to Exclusive Commercial and Multi- Family Solid Waste Collection Franchise Agreement (this "Amendment ") is made and entered as of the 5th day of January, 2010 by and between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City ") and WASTE DEPOT LLC DBA WASTE WORKS, a Florida limited liability corporation (hereinafter referred to as the "Franchisee "). PREMISES: WHEREAS, the City and Franchisee have entered into that certain Exclusive Commercial and Multi - Family Solid Waste Collection Franchise Agreement dated October 20, 2009 (the "Agreement "); and WHEREAS, City and Franchisee have agreed to amend certain terms and provisions of the Agreement. WITNESSETH: • NOW, THEREFORE, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, City and Franchisee hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by reference. 2. All capitalized terms used herein shall be as defined in the Agreement unless otherwise indicated or defined in this Amendment. 3. Section 5 of the Agreement is hereby amendment to change from "December 2, 2009" to "February 1, 2010" the date on which the Franchisee will commence providing commercial solid waste collection and disposal services under the terms of the Agreement (the "New Service Commencement Date "). 4. It shall be a default under the Agreement in the event the Franchise is not in a position to fully perform the Agreement on the New Service Commencement Date. Full performance of the Agreement includes compliance with the requirements of Section 8 of the Agreement entitled Equipment, including but is not limited to having in place all receptacles, containers, roll -offs, compactors, or dumpsters necessary for the collection of all commercial and multi - family accounts. In the event of such a default on the New Service Commencement Date and notwithstanding any provision of Section 22 of the Agreement to the contrary, the City may, at its sole option, elect to terminate the Agreement without providing the Franchisee with a 5 -day notice and opportunity to cure. ORLA_1486737.3 (Revised 1/26/2010) 5. The City has advised the Franchisee that it has incurred additional expenses with its current franchisee, VEOLIA ES SOLID WASTE SOUTHEAST, INC. ( "Veolia "), in order for Veolia to continue to provide solid waste collection and disposal services subsequent to the date on which the City and Veolia anticipated that the Franchisee would commence service. Such expenses include costs incurred by Veolia in removing and resetting its dumpsters. These expenses are currently estimated by Veolia at $33,000, but no final invoice has been provided by Veolia to the City as of the date of this Amendment. At least ten (10) days prior to accepting such invoice, the City will provide Franchisee with a copy of such invoice and an opportunity for review and comment to the City within said 10 day period. The City will review for irregularities any invoice such received from Veolia. Franchisee agrees to pay the City for any expenses incurred by the City with Veolia as aforesaid, such payment to be made within twenty (20) days from receipt of an invoice from the City; provided, however, in the event the Franchisee disputes Veolia's invoice, then (i) the Franchisee shall nonetheless make such payment to the City who will in turn pay Veolia, and (ii) the City will thereafter assign to the Franchisee any rights which the City may have against Veolia so that the Franchisee may, at its option, dispute the matter directly with Veolia, at the Franchisee's sole cost and expense, in which case the Franchisee agrees to indemnify, defend and hold the City harmless for the cost and result of such dispute, including but not limited to any legal fees and costs. 6. Except as amended hereby, the Agreement remains unchanged and in full force and effect, and each of the parties hereto hereby ratifies and confirms the terms and conditions of the Agreement. All references herein to the Agreement shall refer to the Agreement as amended by this Amendment unless the text or context indicates otherwise. In the event of any conflict between the Agreement and this Amendment it is agreed that this Amendment shall control. 7. This Amendment shall become effective as of January 5, 2010 notwithstanding its actual date of execution by the parties. 8. This Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original instrument, but all such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the City has caused this Amendment to be executed by its Mayor and attested by its City Clerk, and has caused its seal to be hereto affixed; and the Franchisee has caused this Amendment to be executed in its name by Angela Cooper, its Manager, all as of the day and year first above written. Signed, sealed and delivered CITY OF OCOEE in the presence of: () _ By: --� � . S. Scott Vandeti.ft,1V{ayo ' v � ;` f Attest: \.avr. J`'� -e- -C ikenberry, City Clerk ORLA_1486737.3 -2- For use and reliance only by the City of Ocoee, Ida; Approved as to form and legality this day of January 2010. APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON Foley Trdner LP January 5, 2010 UNICIER AGENDA ITEM NO. ' `3 Vitt C By: City Attorney Signed, sealed and delivered FRANCHISEE: in the presence of: WASTE DEPOT LLC dba Waste Works / age \ .-c �G ../011. By: An era Cooper, Manager g P � g 40 Iv war (SEAL) ORLA_1486737.3 -3- EXCLUSIVE COMMERCIAL AND MULTI - FAMILY SOLID WASTE COLLECTION FRANCHISE AGREEMENT ` -- THIS AGREEMENT is made and entered into this �'O� k day of N 2009, between the CITY OF OCOEE, a Florida municipal corporation (hereinafter referred to as the "City ") and WASTE DEPOT LLC DBA WASTE WORKS, a Florida limited liability corporation (hereinafter referred to as the "Franchisee ") for the purposes of granting an exclusive franchise for the collection of commercial and multi - family solid waste within the corporate limits of the City, all subject to the terms, conditions and limitations set forth herein. Section 1. Definitions. For the purposes of this Agreement, all terms and words shall have the meaning set forth in Chapter 143 of the Ocoee City Code and in the definitions contained in Part IV of Chapter 403, Florida Statutes, and in state administrative rules adopted pursuant to Part IV of Chapter 403, Florida Statutes, as such statutes and rules may be amended from time to time. All references herein to "multi- family" or "multi- family accounts" shall refer to multi - family residential units containing more than four (4) single family residential units. Section 2. Grant of Franchise. In consideration of the agreement of the Franchisee to (i) perform the services set forth in this Agreement, (ii) pay to the City the Franchise Fee set forth in Section 14 hereof, and (iii) otherwise comply with the terms and conditions of this Agreement, the City hereby grants to the Franchisee the exclusive franchise, including every right and privilege pertaining thereto, to operate and maintain solid waste collection and disposal service for commercial and multi- family accounts within the corporate limits of the City, except as provided in Section 12 hereof. Section 3. Limits of the Franchise. Except as set forth herein, the franchise covers the corporate limits of the City of Ocoee. Franchisee agrees that the limits of the franchise are subject to expansion or reduction by annexation or contraction of municipal boundaries and Franchisee has no vested right in a specific area. Further, Franchisee acknowledges and agrees that its right to serve certain lands hereto or hereafter annexed by the City which were the subject of an exclusive solid waste collection services franchise with Orange County which was in effect at least 6 months prior to the initiation of annexation is limited by the provisions of Section 171.062(4), Florida Statutes, as it may from time to time be amended. The provisions of Florida Statute 403.70605 shall also apply. Section 4. Term. The franchise shall be granted for an initial term of three (3) years commencing on • 16'04,er a , 2009 and terminating on Neernher J , 2012, unless sooner terminated by the City due to breach of the terms of this Agreement by the Franchisee ( "the Initial Term "). The Initial Term of the franchise may be extended by mutual agreement of the City and the Franchisee for an additional two (2) year term commencing with the expiration of the Initial Term and terminating on ]e�rnk)P,r , 2014. Should the City or the Franchisee determine not to extend the term of the franchise beyond the Initial Term, they shall provide written notice of such intent to the other party no sooner than twelve (12) months prior to the expiration of the Initial Term and no later than six (6) months prior to the expiration of the Initial Term and in the event of such notice the franchise and this Agreement shall terminate upon expiration of the Initial Term. In the event neither party gives notice as aforesaid that it does not desire to extend the term of the franchise, then the City and the Franchisee shall enter into an amendment extending the term of the franchise and this Agreement for an additional 2 -years for a total of 7- years, such agreement to be entered into at least three (3) months prior to expiration of the Initial Term. Section 5. Collection Services and Operations. A. Except as set forth in Section 12 hereof, the Franchisee shall provide solid waste collection and disposal services to all commercial and multi - family accounts commencing on e. m r 2009. The Franchisee shall transport all solid waste collected to a properly licensed solid waste facility. B. The Franchisee shall provide all Tabor, materials, equipment, supervision and facilities necessary to provide efficient and effective collection services. The Franchisee shall pay all costs, expenses, and charges required to perform the collection services and dispose of the collected materials including the disposal charges and "tipping fees" at the solid waste facility. The Franchisee shall comply with all applicable local, state and federal statutes, laws, ordinances, rules and regulations. Section 6. Frequency of Collections. Franchisee shall make collections from each account at least once a week on a regularly - scheduled basis. Collection shall be made between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Franchisee may provide for collections on a less frequent basis upon written approval of the City. Section 7. Routes and Schedules. Franchisee shall provide the City with schedules and collections routes and shall keep such information current at all times. Franchisee shall notify each customer and the City prior to any change in collection schedules which alter the day of collection. Section 8. Equipment. A. The Franchisee shall have on hand at all times and in good working order such equipment as shall permit the adequate and efficient collection of all commercial and multi - family accounts. Equipment shall be obtained from nationally known and recognized manufacturers of solid waste collection and disposal equipment. The Franchisee shall have available reserve equipment which can be put into service in the event of any breakdown. Vehicles used in a collection of commercial and multi- family accounts shall be marked with the name of the Franchisee, business telephone number and the number of the vehicle in letters not less than five (5) inches high on each side of the vehicle. B. The Franchisee shall provide all receptacles, containers, or dumpsters necessary for the collection of all commercial and multi - family accounts. The Franchisee shall make arrangements with each customer for the removal and replacement of receptacles which do not conform to Franchisee's equipment. The City shall retain ownership and control of all receptacles currently the property of the City. 2 Section 9. Complaints. The Franchisee shall assign a qualified person or persons to be in charge of operations within the service area. The Franchisee shall give the name and qualifications of these persons to the City. The Franchisee shall institute a system for addressing complaints from within the City which shall include informing each customer and the City of the phone number at which complaints will be received. Such phone will be promptly answered at a minimum from 8 :00 a.m. to 5:00 p.m., Monday through Friday. In the event that the Franchisee is unable to promptly resolve any such complaints the Franchisee shall promptly notify the City of the nature of the complaint and the attempts made to resolve the complaint. Section 10. Personnel. A. The Franchisee shall require its employees to serve the public in a courteous, helpful and impartial manner. B. Franchisee collection employees shall wear dress uniforms bearing the company name during working hours. C. Each person employed to operate a vehicle shall at all times carry a valid Florida Driver's License for the type of vehicle being operated. D. The Franchisee's collection employees will be required to remain on public right -of -ways and the premises of its customers. No trespassing by employees will be permitted on private property. Care shall be taken to prevent damage to property, including receptacles, trees, shrubs, flowers and other plants. Section 11. Spillage. The Franchisee shall not litter or cause any spillage to occur upon the premises or the rights - of -way wherein the collection occurs. The Franchisee may refuse to collect any solid waste that has not been placed in an appropriate receptacle. During hauling, all solid waste shall be contained, tied or enclosed so that leaking, spilling and blowing is prevented. In the event of any spillage caused by the Franchisee, the Franchisee shall promptly clean up all spillage at its sole cost and expense. In the event that the Franchisee fails to promptly clean up spillage, then the City may do so and the Franchisee shall pay the City all costs and expenses incurred by the City in connection therewith. Section 12. Excluded Solid Waste. Hazardous waste, biological waste, used oil and yard trash are expressly excluded from the franchise granted herein. Additionally, construction and demolition debris from residential building, roofing and remodeling are expressly excluded from the franchise granted herein; provided, however, that nothing contained herein shall preclude the City, at the City's sole option, from amending this Agreement to include within the scope of the franchise granted herein the exclusive right and privilege to collect all construction and demolition debris from residential building, roofing and remodeling. 3 Section 13. Subcontractors. Subcontractors shall be allowed only with the prior approval of the City Commission which consent may be granted or withheld in the discretion of the City Commission. The consent of the City Commission shall not be construed as making the City a part of such subcontract or subjecting the City to liability of any kind to any subcontractor. Section 14. Rates and Charges. A. Rates to be charged for the commercial and multi - family solid waste collection and disposal service to be performed under this Agreement are as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. B. The Franchisee, at its sole cost and expense, shall be solely responsible for the billing and collection of all fees and charges payable to the Franchisee by customers for services rendered pursuant to this Agreement. The Franchisee shall use its best efforts to bill and collect all such fees on a monthly basis unless otherwise agreed to in writing by the City. C. In consideration for the grant of this franchise and the execution of this Agreement by the City, the Franchisee agrees to pay to the City a franchise fee equal to TWENTY PERCENT (20 %) of the fees and charges actually collected by the Franchisee from customers for services rendered pursuant to the franchise granted by this Agreement ( "the Franchise Fee "). The Franchisee shall pay the Franchise Fee to the City on or before the tenth (10th) day of each month with respect to the fees and charges actually collected by the Franchisee during the previous month. Such payment shall be transmitted on a City approved form and shall include a certification by the Franchisee of the fees and charges actually collected during the prior month and such other information as may be required by the City. Failure of the Franchisee to make timely payment to the City of the Franchise Fee or falsification of the certification regarding fees and charges actually collected shall constitute a default by the Franchisee of this Agreement. The obligation to pay the Franchise Fee with respect to fees and charges actually collected with respect to services provided during the Term of this Agreement shall survive the termination of this Agreement. D. Notwithstanding any provisions contained herein to the contrary, the rates and charges for commercial and multi - family solid waste collection and disposal services set forth in Exhibit "A" hereto shall, subject to the terms and conditions set forth herein, be annually adjusted in accordance with the Annual Rate Adjustment formula set forth in Exhibit "B" hereto. Within thirty (30) days following each anniversary date of this Agreement, the City shall calculate the Annual Rate Adjustment as aforesaid and provided a written notice thereof to the Franchisee. The City's calculation and interpretation of the Annual Rate Adjustment formula shall be binding on the Franchisee. Upon receipt of such notice from the City, the Franchisee shall provide a written notice to all of its customers under this Agreement which notice sets forth the Annual Rate Adjustment. Any such Annual Rate Adjustment shall become effective thirty (30) days after the mailing of such notice by the Franchisee to its customers and shall be retroactive to the beginning of the billing period in which such Annual Rate Adjustment becomes effective. Except as aforesaid, the Franchisee shall not be entitled to an adjustment in the rate schedule. 4 E. Notwithstanding any provisions contained herein to the contrary, the Franchisee has agreed to, at no cost or expense to the City, provide the City with the following services: (1) Dumpsters in sizes to be mutually agreed upon at all City owned and operated facilities, including but not limited to City Hall, City parks and recreational facilities, Fire Stations, Public Works Facilities, cemetery, and the City Sewer Plant, and the removal and disposal of all solid waste and other materials placed in such du mpste rs. (2) Temporary dumpsters in a size to be mutually agreed upon for all City sponsored events which are open to the general public. The removal and disposal of all solid waste and other materials placed in such dumpsters and the removal of such dumpsters promptly following each City sponsored event. The above services are provided to the City at no cost or expense in further consideration for the grant of this franchise and the execution of this Agreement by the City. F. Notwithstanding any provisions contained herein to the contrary, the Franchisee has agreed to, at no cost or expense; provide solid waste collection and disposal services to all religious institutions located within the corporate limits of the City. This donated service shall include providing a 2 cubic yard dumpster collected once per week, with charges for additional requested services to be the incremental cost above the donated service. For the purposes hereof, "religious institutions" means churches and ecclesiastical or denominational organizations or established physical places of worship at which non - profit religious services and activities are regularly conducted and carried on. Section 15. Books and Records. A. The Franchisee shall keep complete books and records at its place of business in Central Florida, setting forth a true and accurate account of all business transactions arising out of or in connection with this Agreement, including but not limited to a complete customer account listing and a record of all fees and charges billed and collected, all in accordance with good business practices and generally accepted accounting principles. The City. shall have the right to have access to and inspect and copy the contents of said books and records during normal business hours. Upon thirty (30) days written request from the City, the Franchisee shall provide the City with a complete customer account listing and a record of all fees and charges billed and collected during the prior twelve (12) months. B. The Franchisee shall annually submit to the City an audited financial statement with respect to all business transactions arising out of or in connection with this Agreement, which shall have been prepared by an independent certified public accountant reasonably acceptable to the City. The financial statement shall include a determination of all fees and charges billed and collected by the Franchisee pursuant to the franchise granted by this Agreement and the Franchise Fees due to the City pursuant to this Agreement. Each such audited financial statement shall be based on the City's fiscal year of October 1 to September 30 and shall be submitted to the City on or before December 31 of each year 5 except that the last such audit shall be submitted within sixty (60) days after the termination of this Agreement. Section 16. Preliminary Plans. The Franchisee shall, at no cost or expense, when requested, review the preliminary subdivision and site plans for all commercial and multi - family developments within the City and provide the City in a timely manner with written comments concerning the placement and location of solid waste receptacles or dumpsters. Section 17. Assignment. This Agreement and the rights and privileges hereunder shall not be assigned or otherwise transferred by Franchisee except with the express written approval of the City. The City reserves the right in its sole and absolute discretion to approve or disapprove any such requested assignment or transfer of this Agreement. The City may require that any proposed assignee submit similar documentation to that provided by the franchisee at the time of award of the franchise. No assignment or transfer shall be effective until the assignee or transferee has executed with the City an Agreement of Acceptance, subject to approval by the City, evidencing that the assignee or transferee accepts the assignment or transfer subject to all of the terms, conditions and limitations imposed herein. Any such assignment or transfer shall be in form and content subject to the approval of the City. Section 18. Indemnification. Franchisee shall indemnify, defend and hold completely harmless the City, its elected representatives, officers, employees and agents of each, from and against any and all liabilities, losses, suits, claims, demands, judgments, fines, damages, costs and expenses (including all costs for investigation and defense thereof, including, but not limited to court costs, expert fees and reasonable attorneys fees and paralegal fees and attorneys and paralegal fees on appeal) which may be incurred by, charged to or recovered from any of the foregoing (i) by reason or on account of damage to or destruction of any property of the City, or any property of, injury to or death of any person resulting from or arising out of the performance under this Agreement, or the acts or omissions of Franchisee officers, agents, employees, subcontractors, licensees or invitees, regardless of where the damage, destruction, injury or death occurred, unless such liability, loss, suit, claim, demand, judgment, fine, damage, cost or expense was proximately caused solely by City's negligence or by the joint negligence of City and any person other than Franchisee or Franchisee's officers, agents, employees, subcontractors, licensees or invitees, or (11) arising out of the failure of Franchisee to keep, observe or perform any of the covenants or agreements herein to be kept, observed or performed by Franchisee. City agrees to give Franchisee reasonable notice of any suit or claim for which indemnification will be sought hereunder, to allow Franchisee or its insurer to compromise and defend the same to the extent of its interests and to reasonably cooperate with the defense of any such suit or claim. The provisions of this Section shall survive the expiration or earlier termination of the term of this Agreement with respect to any acts or omissions occurring during the term of this Agreement. Section 19. Performance Bond. 6 The Franchisee shall, without expense to the City, furnish a performance bond in a form acceptable to the City as security for the performance of this Agreement. Said performance bond will be in the amount of TWO HUNDRED THOUSAND AND NO /100 DOLLARS ($200,000.00). All premiums for the performance bond shall be paid by the Franchisee. This performance bond shall be written by a surety company licensed to do business in the State of Florida and approved by the City and shall be maintained in full force and effect throughout the term of this Agreement. Section 20. Nondiscrimination. The Franchisee agrees that it has adopted and will maintain and enforce a policy of nondiscrimination on the basis of race, color, religion, sex, age, handicap or national origin. Section 21. Insurance. A. Franchisee shall, without expense to the City, obtain and maintain or cause to be obtained and maintained throughout the term of this Agreement, coverages as stated in RFP #09 -004, and naming the City of Ocoee as an additional insured: 1. Comprehensive automobile insurance (any auto, including owned autos, non -owned autos and hired autos) and garage liability insurance, if applicable. 2. Comprehensive general liability insurance (including but not limited to contractual, independent contractors, broad form property damage, and personal injury, as applicable, and such other coverage as may from time to time be generally issued by insurance companies for businesses similar to that engaged in by Franchisee in the performance of this Agreement which City may reasonably require) protecting Franchisee, the City, its elected representatives, officers, agents and employees of each from and against any and all liabilities arising out of or relating to Franchisee's performance of this Agreement whether such operations be by himself, or by any subcontractor or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. 3. Insurance against theft or damage to all Franchisee's equipment used in carrying out this Agreement. 4. Workers' compensation or similar insurance affording the required statutory coverage and containing the required statutory coverage and containing the requisite statutory limits. B. Such policies shall be in such form and with such company or companies as the City shall approve, and except for coverage limits of Workmen's Compensation Insurance, be in an amount no less than ONE MILLION AND NO /100 DOLLARS ($1,000,000.00) combined single limit, or its equivalent, or such greater amount of such insurance as shall be maintained by Franchisee, with no deductible, with cross liability endorsement and with contractual liability coverage for Franchisee's covenants to and indemnification of the City. Franchisee's insurance shall provide that it is primary insurance as respects any other valid and collectible insurance City may possess, including any self- insured retention or deductible City may have, and that any other insurance City does possess shall be considered excess insurance only. Franchisee's insurance shall also provide that it shall act for each insured and each additional insured as though a separate policy has been written for each; provided, however, that these provisions shall not operate to increase the policy limits. C. Franchisee shall provide, prior to the execution of this Agreement and within ten (10) days of award of the Agreement, and at least thirty (30) days prior to the expiration of an insurance policy or policies theretofore provided to the City by Franchisee hereunder, a certificate of insurance evidencing all coverage required under this Section. Such certificate(s) shall name the City and its elected representatives, officers, employees and agents of each as additional insured and shall provide that the policy or policies may not be canceled or modified nor the limits thereunder decreased without thirty (30) days prior written notice thereof to the City. Franchisee agrees that City shall have the right, exercisable on ninety (90) days prior written notice to Franchisee, to require Franchisee, from time to time, to reasonably alter the monetary limits or coverage provided by such policy or policies. Section 22. Default and Termination. A. I n the event that: (1) the Franchisee shall fail to keep, perform and observe each and every promise, covenant and agreement set forth in this Agreement applicable to the Franchisee, and such failure shall continue for a period of more than five (5) days after delivery to the Franchisee of a written notice of such breach or default; (2) the Franchisee's occupational or business licenses shall terminate for any reason; (3) the Franchisee shall become insolvent, or shall take the benefit of any present or future insolvency statutes, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization, or the 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 shall consent to the appointment of a receiver, trustee or liquidator of all or substantially all of its property; or (4) the Franchisee shall have a petition under any part of the Federal Bankruptcy laws, or an action under any present or future insolvency laws or statute, filed against it, which petition is not dismissed within thirty (30) days after the filing thereof; then in any of such events, the City, in its discretion, shall have the right to: (i) seek specific performance of this Agreement, (ii) terminate this Agreement for Default, which termination shall be effective twenty -four (24) hours after written notice of such termination is given to the Franchisee, or (iii) pursue such other actions and remedies as may be permitted by law, including an action for actual damages incurred or suffered by the City. In the event the City 8 elects to terminate this Agreement, then the City may, at its option, delay the effective date of termination for default until the first day of the month following the date on which written notice of such termination is given to the Franchisee. The City shall specify the termination date on its written notice of termination. B. In the event that the City shall fail to keep, perform, and observe each and every promise, covenant and agreement set forth in this Agreement applicable to the City, and such failure shall continue for a period of more than thirty (30) days after delivery to the City of a written notice of such breach, then the Franchisee may, as its sole and exclusive remedy, seek specific performance of this Agreement. It is expressly agreed that the Franchisee shall not be entitled to terminate this Agreement or seek damages against the City in the event of a default by the City. C. In the event that a dispute arises between the City and the Franchisee, or any interested party, in any way relating to this Agreement, the Franchisee shall continue to render service in full compliance with all terms and conditions of this Agreement regardless of the nature of the dispute. The Franchisee shall be liable to the City for all costs reasonably incurred in providing collection and disposal service should the Franchisee fail to provide such services. D. Upon termination of this Agreement the Franchisee shall cooperate with the City in order to ensure an orderly transition of all commercial and multi - family solid waste accounts to such new franchisee(s) as may be designated by the City. Section 23. Attorneys' Fees. In the event that either party finds it necessary to commence an action against the other party to enforce any provisions of this Agreement or because of a breach by the other party of any of the terms hereof, the prevailing party shall be entitled to recover from the other party its reasonable attorneys' fees, paralegal fees and costs incurred in connection therewith, at both trial and appellate levels, including bankruptcy proceedings and the right to such reasonable attorneys' fees, paralegal fees and costs shall be deemed to have accrued from the commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. Section 24. Notices. All notices and approvals which any party shall be required or shall desire to make or give under this Agreement shall be in writing and shall be made or given (i) by certified mail, postage prepaid, return receipt required, (ii) by hand delivery to named individuals representing the party to be notified, or (iii) by private parcel (next day) delivery service. Notices, including notice of a change of address or phone number, shall be addressed or transmitted to the addressees set forth below, or that a party may otherwise designate in the manner prescribed herein: As to the City: City of Ocoee 150 North Lakeshore Drive Ocoee, Florida 34761 Attention: Public Works Director Phone: (407) 905 -3100 Ext. 6002 9 As to Franchisee: Waste Depot LLC DBA Waste Works 320 Enterprise Street Ocoee, Florida 34761 Attention: Fred Bonham, Secretary/Treasurer Phone: (407) 447 -0047 Notices and approvals given or made as aforesaid shall be deemed to have been given and received on the date of actual receipt. Section 25. Combination of Solid Waste. The City shall not be responsible for any contamination of solid waste Toads which are collected by the Franchisee (i.e., mixing of recyclable materials, yard trash, construction and demolition debris or other materials which are required to be separated prior to disposal under applicable federal, state and local statutes, laws, ordinances, rules and regulations). Section 26. Miscellaneous. A. Time is of the essence with respect to all matters set forth in this Agreement. B. The Franchisee is not, and shall not for any purpose be, the agent of the City and shall have no power or authority to bind the City in any manner whatsoever. C. This Agreement embodies and constitutes the entire understandings of the parties with respect to the matters contemplated herein, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. Neither this Agreement nor any provisions hereof may be waived, modified, amended, discharged, or terminated except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought except by an instrument in writing signed by the party against whom the enforcement of such waiver, modification, amendment, discharge, or termination is sought, and then only to the extent set forth in such instrument. D. It is stipulated and agreed between the parties that this Agreement shall be interpreted and construed in accordance with the laws of the State of Florida and any trial or other proceeding with respect to this Agreement shall take place in the State of Florida with venue in Orange County, Florida. E. Captions of the sections and subsections of this Agreement are for convenience and reference only, and the words contained therein shall in no way be, held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. F. The City shall not be responsible for any contamination of solid waste pick -ups with recyclable materials. 10 G. The City has been induced by Franchisee to enter into this Agreement by submittal of that certain response to request for proposals. dated June 16, 2009, said response being incorporated herein by reference and made a part of this Agreement. The Franchisee warrants and represents that the information submitted in said response to request for proposals remains true and correct as of the date hereof. Section 27. Severability. If any part, section, subsection, or other portion of this Agreement except for the provisions of Section 14 hereof is declared void, unconstitutional, or invalid for any reason, such part, section, subsection or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Agreement, and all applications thereof not having been declared void, unconstitutional or invalid shall remain in full force and effect. The City and _..Franchisee declare that no invalid or prescribed provision or application was an inducement at the execution of this Agreement, and that they would have executed this Agreement, regardless of the invalid or prescribed provision or application. In the event any part, subsection or other portion of Section 14 hereof is declared void, unconstitutional, or invalid for any reason, then either party may terminate this Agreement upon at least ninety (90) days notice to the other party. Section 28. Charter Compliance. The franchise granted pursuant to this Agreement has been awarded following a public hearing on the proposed franchise preceded by at least thirty (30) days' notice of the hearing and the proposed action by publication once a week for four (4) consecutive weeks in a newspaper of general circulation in the City of Ocoee. IN WITNESS WHEREOF, the CITY OF OCOEE has caused this Agreement to be executed by its Mayor and attested by its City Clerk, and has caused its seal to be hereto afr ed; and/ he said Franchisee has caused this Agreement • b exec ted in its name by AEC__ , its President, attested b ' , its Secretary, and has caused the seal of said corporation to be - _ . o affixed, all as of the day and year first above written. Signed, sealed and delivered CITY OF OCOEE in presence of: a B :<.-/I t'O / ` 33`` / � S. Scott Vandergrift, tu:, or Attes ILIA : rr i L : L..1 - • ikenberry, City CI ;& (SEAL) 11 Signed, sealed and delivered FRANCHISEE: in the presence of: By: President L Wi e s � Attes �.✓ a , Secretary Witness ' ' (SEAL) For use and reliance only APPROVED BY THE OCOEE CITY by the City of Ocoee, Florida. COMMISSION AT A MEETING HELD ON Approved as to form an Ie al' y September 15, 2009 UNDER AGENDA This �(© day of O otr , ITEM NO. H.16 2009 Foley Lardner LLP City Attorney 12 EXHIBIT A CURRENT RATES CHARGED BY CITY FRANCHISEE RATES FOR COMMERCIAL COLLECTION 13 RESOLUTION NO. 2011 -006 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING NEW RATES FOR COMMERCIAL AND MULTI- FAMILY SOLID WASTE COLLECTION AND DISPOSAL SERVICES RETROACTIVE TO THE BEGINNING OF THE FEBRUARY 1, 2010 BILLING PERIOD; PROVIDING FOR THE COLLECTION OF A FRANCHISE FEE ON ACTUAL DISPOSAL CHARGES FOR ROLL -OFFS; PROVIDING FOR AUTOMATIC ANNUAL RATE ADJUSTMENTS; PROVIDING FOR THE 2011 RATE SCHEDULE BASED ON THE ANNUAL RATE ADJUSTMENT FOR 2010; REPEALING RESOLUTION NO. 2006 -013 AND ALL RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission has previously adopted Resolution No. 2006- 013 establishing rates for commercial and multi- family solid waste collection and disposal services; and WHEREAS, Section 143 -8(A) of the Ocoee City Code authorizes the City Commission to establish solid waste collection services rates by adoption of a resolution after an advertised public hearing preceded by at least seven days notice of the hearing and the proposed action; and WHEREAS, the City currently provides commercial and multi - family solid waste collection and disposal services through a franchisee which has been awarded an exclusive franchise for such purpose following an advertised public hearing; ; and WHEREAS, the City has entered into an Exclusive Commercial and Multi - Family Solid Waste Collection Franchise Agreement dated October 20, 2009 with Waste Depot LLC d/b /a ORLA_1877657.2 Waste Works (the "New Franchisee "), as amended January 5, 2010 (the "Franchise Agreement "); and WHEREAS, the solid waste collection services rates set forth in the Franchise Agreement are lower than those established by Resolution No. 2006 -013; and WHEREAS, the Franchise Agreement provides for an Annual Rate Adjustment in accordance with a formula set forth therein; and WHEREAS, the New Franchisee commenced service in the City on February 1, 2010 and commenced the charging of the solid waste collection services rates set forth in the Franchise Agreement on that date; and WHEREAS, the City Commission desires to adopt a new rate structure which is consistent with the rate structure established by the Franchise Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the City of Ocoee has the authority to adopt this Resolution pursuant to Article VIII of the Constitution of the State of Florida, Chapter 166, Florida Statutes, and Sections 143 -8 (A) and 143 -9 (B) of the Code of Ordinances of the City of Ocoee. SECTION 2. Repeal of Prior Resolution. Resolution No. 2006 -013 adopted September 19, 2006 is hereby repealed its entirety retroactive to February 1, 2010. SECTION 3. Establishment of New Rates. The Ocoee City Commission hereby establishes the following as the rates for commercial and multi - family solid waste collection and disposal services; such rates to be effective retroactive to February 1, 2010: ORLA_1677657.2 -2- SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SECTION 4. City Franchise Fees. The rates for commercial and multi- family solid waste collection and disposal services are inclusive of a twenty percent (20 %) franchise fee payable to the City, except with respect to the actual disposal charges for roll -offs. Commencing with the beginning of the billing period of the Franchisee following the adoption of this Resolution, there shall be added to the actual disposal charges for roll -offs an amount equal to the Franchise Fee established under the terms of the Franchise Agreement. SECTION 5. Annual Rate Adiustment. The Ocoee City Commission hereby approves and establishes an automatic annual rate adjustment to be added to the monthly charges for commercial and multi- family solid waste collection and disposal services as set forth in Section 3 above, such annual rate adjustment to be calculated in accordance with the formula set forth in Exhibit "B" attached hereto and by this reference made apart hereof. The Franchise Fee established under the terms of the Franchise Agreement shall be added to such Annual Rate Adjustment so that the rates for commercial and multi - family solid waste collection and disposal services will continue to be inclusive of the Franchise Fee except as provided in Section 4 of this Resolution. SECTION 6. 2011 Rate Schedule. The first annual rate adjustment shall be effective retroactive to February 1, 2011. Attached hereto as Exhibit "C" is a Schedule of the Monthly Rates and Other Charges as of February 1, 2011. SECTION 7. Conflictinir Resolutions. The provisions of resolutions or parts thereof which are inconsistent or in conflict with this Resolution are hereby repealed. ORLA_I677657.2 _3_ SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 9. Effective Date, This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 55 day of March, 2011. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA tA6 FLI 4( L.- - tlrEikenbe City Clerk S. Scott Vander Ma �Y� tY �� Mayor Y (SEAL) ADVERTISED: tit Ce_h 3 , 2011 APPROVED BY THE OCOEE CITY COMMISSION AT A PUBLIC HEARING HOLD ON THE ABOVE DATE UNDER AGENDA ITEM NO. B FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPIZOVED AS O FIFIRM AND LEGALITY this ic day of ,r , 2011 FOL & L LLP By: City Attorney ORLA 1677657.2 -4- EXHIBIT "A" RATES AND CHARGES ORLA_1677657.2 -5- • 1r PROPOSER: WASTE WORKS kr EXHIBIT "A" RFP 09-004 MONTHLY RATES AND 9TI R CHARGES ■r► (A) THREE (3) YEAR MONTHLY RATES FOR COMMERCIAL AND MULTI- , FAMILY SOLID WASTE SERVICES BASED ON THE CUBIC YARD COST OF $ 13.15 Nis All charges are to be multiples of the base rate per cubic yard times the dumpster size times the frequency of collection per week. 4* 'iv to WEEKLY PICK -UP 2 CUBIC YARDS B CUBIC YARDS 4. CUBIQYARD5 Itto 1 time X (A) $ 36.30 5 54.45 $___71.632 lir. 2 time x (A) 5 72.60 5 106.90 $ 154.20 irr 3 time X(A) 5106.90_ 5 163.35 $ 217.6Q 4 time X (A) $ 145.20 5 217.25 . LIMN 5 time x (A) $ 111.50 S 27125 5 $53,00 ry 6 time X (A) 5 217.60 5 136.70 S 4 Or rr try lar aiy a r WEEKI.Y PICK -UP 6 CUBIC YARDS 8 CUBIC YARDS lir r„ 1 time x (A) t Ina an 5145.20 rb 2 time x (A) 5 217.80 5 290.00 3 time x (A) 5 ,26.70 5 435.60 Vii. 4 time x (A) 5 435.60 5 580.80 tar 5 time x (A) $593.50 5 726.00 6 time x (A) $ 653.40 $ 871.20 air. EXTRA PICK-UPS: . w 2 cubic yards: $ 35.00 per extra pick -up per week hr 3 cubic yards: 5 45.00 per extra pick-up per week liP 4 atbk yards: $ 50.00 per extra pick -up per week s , 5 cubic yards: $ 55.00 per extra pick-up per week 8 cubic yards: $ 60.00 per extra pick -up per week iv 1Yr ABOVE PRICES INCLUDE FULL PRICE OF DUMPSTER RENTAL 1. Mr RFP09004 Commadel Solid Waste 24 rr lee �' - r' 41, , -/ 7 rr PROPOSER: WASTE WORKS ter (B) ROLL -OFFS: ter les Indicate pricing proposal for roll -offs, to include plck -up and disposal cost breakdown: •. ths ry . Ones Top 20cubio vd S 98.00 per Pull Plus Actual Disposal Charges ` Open Too 30eublc vd S 98.00 per Pull Pius Actual Disposal Charges Orrea Too 40cublc vd $ 98.00 Per Pull Plus Actual Disposal Charges tie Compactors $ 98.00 Per Pull Plus Actual Disposal Charges (C) OTHER CHARGES: L • Yr Indicate any other charges for services b be provided under Agreement (i.e. pick -up, delivery, etc): ter as. If Requested by customers 1r sr er (D) CONSTRUCTION AND DEMOLITION DEBRIS FROM RESIDENTIAL BUILDING, ROOFING AND REMODELING: sr. Construction and demolition debris from residen0al building, roofing and remodeling Is NOT air within the scope of the proposed franchise. However, the City, at Its sole option, may expand it the scope to include the foregoing. Indkate pricing for construction and dernoTdfon debris from ter residential building, roofing and remodeling in the event it Is added to the franchise: Orson Top 20cubic vd $ 98.00 Per Pull Plus Actual Dismmgal Charm Open Top 30cubic yd $. 98.00 Per Pull Plus Actual Disposal Charges to Open Tots 40cubta vd_ S 98.00 Par Pull Plus Actual Disposal Charges Compactors 5 98.00 Per Pull Plus Actual DispasBl Cherges ter ter Remainder of page left blank intentionally. it it fir W ran 6 RAP 09004 Commercial said Wa* EXHIBIT `B" ANNUAL RATE ADJUSTMENT FORMULA ORLA_1677657.2 -6- EXHIBIT "B" FUEL. ADJUSTMENT SURCHARGE A fuel adjustment surcharge shall be applied to the franchise rates annually calculated from the average diesel fuel price per gallon and the Consumer Price Index with a base of October 1, 2007. The fuel adjustment will be based on the annual diesel fuel price for the East Coast Lower Atlantic (PADD IC) No 2 Diesel Retail Sales by All Sellers obtained from data published by the U.S. Government at the following website: http://tonto.eia.doe.eov/ooe/info/gdu/easdiesel.asp The Consumer Price Index adjustment will be based on published data obtained from the U.S. Department of Labor Bureau of Labor Statistics for the South Urban region at the following website: http : / /www.bls. eov /cpi/ The following formula will be used to calculate the Fuel Adjustment Surcharge: FAS = 0.85(CPIC) + 0.15(AMDPI) Where; FAS = Fuel Adjustment Surcharge CPIC = Consumer Price Index Change AADPI W Average Annual Diesel Price Increase CPIC will be calculated using the following: (CPI Current Month) — (CPI Previous Year Month) = Index Point Change (Index Point Change) _ (CPI Previous Year Month) = CPIC AADPI will be calculated using the following: ( #2 Diesel Retail ($ /gal) Current Month) — ( #2 Diesel Retail ($ /gal) Previous Year Month) - (Annual $ /gal. Change) (Annual $ /gal. Change) _ ( #2 Diesel Retail ($ /gal) Previous Year Month) = AADPI ORI_A_421818.1 City of Ocoee Commercial Solid Waste 2011 Fuel Adjustment Surcharge FAS = Fuel Adjustment Surcharge CP1C = Consumer Price Index Change AADPI = Average Annual Diesel Price Increase 212.488 = CPI December 2010 209.738 = CPI December 2009 3.196 = AADPI December 2010 2.715 = AADPI December 2009 CPIC Calculation: 212.488 - 209.738 = 2.75 = Index Point Change 2.75 / 209.738 = 0.013 = CPIC AADPI Calculation: 3.196 - 2.715 = 0.481 = Annual $ /gal. Change 0.481 / 2.715 = 0.177 = AADPI Fuel Adjustment Surcharge: 0.85 x 0.013 + 0.15 x 0.177 = 0.038 0.038 x 1.2 = 0.0456 Fuel Adjustment Surcharge = 4,56% Table 10, Consumer Price Index for All Urban Consumers (CPI -U): Selected areas, all Items Index (1982 -84 =100, unless otherwise noted) All llama Indexes Percent change to Percent change to Area Pricing Dec. 2009 from- Nov, 2009 from- schedule 1 Sep. Oct. Nov. Dec. Dec. Oct. Nov. Nov, Sep. Oct. 2009 2009 2009 2009 2008 2009 2009 2008 2009 2009 U.S. city average M 215.969 216.177 216.330 215.949 2.7 -0.1 -0.2 1.8 0.2 0.1 Region and area slze Northeast urban M 231.200 231.304 231.708 231.462 2.8 .1 -.1 2,0 .2 .2 Site A - More than 1,500,000 M 233.695 233.415 233.785 233.475 2.5 .0 -.1 1.8 .0 .2 Size B/C - 50,000 to 1,500,000 3 M 136.691 137.346 137,646 137.597 3.6 .2 .0 2.4 .7 .2 Midwest urban M 205.601 205.706 208.247 205.613 3.0 .0 -.3 2.2 .3 .3 Size A - More than 1,500,000 M 206.459 206.625 207.277 206.399 3.0 -.1 -.4 2.1 .4 .3 Size B/C • 50,00010 1,500,000 3 ..._ ......... M 131.812 131.724 131.952 131.742 2.9 .0 -.2 2.3 .1 .2 Size D - Nonmelropolllan (less than 50,000) ..„ M 201.918 202,499 203.047 202.738 3.8 .1 -.2 2.6 .6 ,3 1 South urban M 208.912 209.292 209.738 1209.476 2.9 .1 1 2.0 .4 .2 Size A • rw6re than 1,500,000 M 211.212 211.152 211.424 c ru.s. 1 2.2 -.1 -.2 1.3 .1 .1 Size 13/C - 50,00010 1,500,000 3 M 132.722 133.035 133.342 133.252 3.2 .2 -.1 2.3 .5 .2 Site D D. Nonmetropolltan (less than 50,000) M 210.911 212.423 213.372 213.159 4.3 .3 -.1 3.2 1.2 .4 West urban ........ .,.._.,_ ............. ..... ......... _.._ M 220.294 220.447 219.728 219.307 2,2 -.6 -.2 1.2 -3 -.3 SIzaA- More than 1 ,500,000 .._...._ M 224.412 224.372 223.489 223.058 2.0 -.6 -.2 1.2 -.4 -.4 Size B/C - 50,000 to 1,500,000 3 M 133.128 133.618 133.335 133.132 2.6 -.4 -.2 1.4 .2 -.2 Site classes A 4 M 197.724 197.670 197.697 197.246 2.4 -.2 -.2 1.5 .0 .0 B/C 3 M 133.165 133.489 133.663 133.535 3,1 .0 -.1 2.1 .4 .1 0 M 208,503 209.139 209.667 209.192 3.4 .0 -.2 2.3 .5 .2 Selected local areas Chicago -Gary- Kenosha, IL -IN -WI ..,...- M 211.345 211.708 212.206 211.185 2.5 -.2 -.5 1.5 .4 .2 Los Angeles - Riverside- Orange County, CA M 225.226 225.264 224.317 223.643 1.8 -.7 -.3 .9 -.4 -.4 New York - Northern N.J. -Long Island, NY- NJ -CT -PA M 238.568 238.380 238.777 238.427 2.3 .0 -.1 1.8 .1 .2 Boston- Brockton - Nashua, MA- NH -ME -CT 1 236.596 - 236.589 - ' 1.8 .0 - Cleveland -Akron, OH 1 201.836 • 201.471 - - - 1.7 - - DaNas-Forl Worth. TX 1 201.802 - 201.958 - • - - 1.0 .1 • Washington- Baklmore, DC- MD -VA -WV 6 1 140.945 • 140.718 - - 1.6 -.2 - Atanta, GA 2 - 201.068 - 200.456 1.8 ' -.3 • - - Detrolt-Ann Arbor -Flint, MI 2 • 205.079 - 203.880 3.0 -.6 - • - Houston- GaNeslon- Brazoria, TX 2 - 191.608 - 190,932 2.7 -.4 - - - Mlami -Fort Lauderdale, FL 2 222.416 - 222.943 2.1 .2 - - - Philade 1phia - Wilmington - Atlantic City, PA -NJ -DE•MD 2 224.787 224.800 3.0 .0 - San Francisco-Oakland-San Jose, CA 2 - 226.051 - 224.239 2.6 -.8 • Seattle Tacoma- Bremerton, WA 2 226.277 - 225.598 1.4 -.3 - - - 1 Foods, fuels, and several other items priced every month In ail areas; Pittsburgh, PA; Portland- Salem, OR -WA; St. Louis, MOIL; San Diego, CA; most other goods and services pried as Indicated: Tampa -SL Petersburg - Clearwater, FL. M - Every month. 6 indexes on a November 1996 = 100 base. 1 - January, March, May, July, September, and November. - Data not available. 2 - February, Apol, June, August, October, and December. 2 Regions defined as the four Census regions. See map In technical NOTE: Local area indexes are byproducts of the national CPI program. Each notes local index has a smaller sample size than the national index end Is, therefore, 3 Indexes on a December 1998 =100 base. subject to substantially more sampling and other measurement error. As a 4 Indexes an a December 1986 =100 base. result, local area Indexes show greater volatility than the national Index, 5 In addition, the following metropolitan areas are published semiannually although their long -term trends are similar. Therefore, the Bureau of Labor and appear in Tables 34 and 39 of the January and July Issues of the CPI Statistics strongly urges users to consider adopting the national average CPI Detailed Report Anchorage, AK; ClnclnnatHiemtlton, OH- KY -IN; for use In their escalator causes. Denver - Boulder- Greeley, CO; Honolulu, HI; Kansas City. MO -KS; Milwaukee- Racine, WI; Minneapolis -St. Paul, MN -Wl; Phoenhx -Mesa, AZ; NOTE index applies to a month as a whole, not to any spedfrc date. 44 CPI Detailed Report- December 2009 CPI Detailed Report Data for December 2009 Editors Sanjeev Katz Malik Crawford Andrew Mauro Contents Page Consumer Price Movements, December 2009. 1 CPI -U 12 -Month Changes 3 Recalculated Seasonally Adjusted Indexes to be Available on February 17, 2010 4 C -CPI -U Index Revisions 4 • Expenditure Weight Update 4 Report on Quality Changes for 2010 Model Vehicles 5 Articles Appearing in the CPI Detailed Report, 2004 -2009 6 Technical Notes 121 CPI—U CPI —W Index tables Table Page Table Page U.S, city average: Expenditure categories; commodity, service groups 1 8 6 28 Seasonally adjusted expenditure categories; commodity, service groups 2 10 7 30 Detailed expenditure categories 3 12 8 32 Seasonally adjusted detailed expenditure categories •4 19 9 38 Special detailed categories 5 26 Historical: All items, 1913- present 24 78 27 96 Commodity and service groups and detailed expenditures, indexes 25 82 28 100 Commodity and service groups and detailed expenditures, percent change from previous December 26 89 29 106 Selected areas: All items indexes 10 44 17 61 Regions 11 45 18 62 Population classes 12 47 19 64 Regions and population classes cross - classified 13 49 20 66 Food at home expenditure categories 14 53 21 70 Areas priced monthly: percent changes over the month 15 54 22 71 City indexes and percent changes 16 56 23 73 I CPI Detailed Report-December 2009 Table 10, Consumer Price Index for All Urban Consumers (CPI -U): Selected areas, all Items Index (1982 -80100, unless otherwise noted) A111ems Indexes Percent change to Percent change to Area Pricing Dec. 2010 front- Nov. 2010 Yom - schedule - t Sep. OcL Nov. Dec. Dec. OcL Nov. Nov. Sep. t Oct 2010 2010 2010 2010 2009 2010 2010 2009 2010 2010 U.S. city average M 218.439 218.711 218.803 219.179 1.5 0.2 0.2 1.i 0.2 0.0 Region and area slze Northeast urban M 234.027 234.671 235.094 235.141 1.6 .2 .0 1,5 .5 .2 Size A - More than 1,500,000 .... ..... ---- M 235.995 236.560 236.806 236.828 1.4 .1 .0 1.3 .3 .1 Size B/C - 50,000 to 1,500,000 3 M 139.229 139.746 140.282 140.351 2.0 .4 .0 1.9 .8 .4 Midwest urban M 208.788 208.689 208.818 209.270 1.8 .3 .2 1,2 .0 .1 Size A - More than 1,500,000 M 209.253 209.182 209.344 209.938 1.7 .4 .3 1.0 .0 .1 Size BIC - 50,00010 1,500,000 3 M 134.275 134.074 134.058 134.267 1.9 .1 .2 1.6 - 2 .0 Size 0 - Nonmetropolltan (less Than 50,000) ._ M 205.100 205.585 206.014 208.138 1.7 .3 .1 1.5 .4 .2 South u rban M 211.775 212.026 211.998 1 212.488 1.4 .2 .2 1.1 .1 .0 ore than 1,500,000 M 213.493 213.589 213.424 'L1d.tiou 1.4 .1 .2 .9 .0 -,1 Size 8/C- 50.000 to 1,500,000 3 M 134.658 134.890 134.892 135.240 1.5 .3 .3 1.2 .2 .0 Size D - Nonmetropo4lan (less than 50,000) ............... .............._............,, M 215.172 215.390 215.736 216.189 1.4 .4 .2 1.1 .3 .2 West urban _ M 221.384 221.708 221.671 222.081 1.3 .2 .2 .9 .1 .0 Size A - More Than 1,500,000 M 225.726 - 226.058 225.847 226.112 1.4 .0 .1 1,1 .1 -.1 Size BJC - 50,000 to 1,500,000 3 M 133.544 133.745 133.930 134.328 .9 .4 .3 .4 .3 .1 Size classes A M 199.617 199,842 199.844 200,123 1.5 .1 .1 1.1 .1 .0 13/C 3 M 134.987 135,174 135.289 135.579 1.5 .3 .2 1,2 .2 .1 0 M 211.524 211.631 212.124 212.541 1.6 .3 .2 1.2 .3 .1 Selected local areass Chicago-Gary- Kenosha, IL -IN -WI ......... 213.339 213,332 213.066 213.778 1.2 .2 ,3 .4 -.1 -.1 Los Angeles - Riverside -Orange County, CA , M 226.048 226.794 225.941 226.639 1.3 -.1 .3 .7 .0 -.4 New York - Northam N.J. - Long island, NY- NJ -CT -PA M 241.485 241.981 241.960 241.874 1.4 .0 .0 1.3 .2 .0 Boston- Brockton-Nashua, MA- NH •ME -CT 1 236.474 238.103 - - • .6 .7 - Clevefand- Akron.OH 1 205.492 - 206.168 - - - • 2.3 .3 Oafas -Fort Worth, TX 1 201.882 201.168 • - .,4 -,4 - Washinglon- Baltimore, DC-MD-VA-WV a 1 142.738 - 142,915 - - - 1.6 .1 • Atlanta, GA 2 - 202.913 - 202.519 1.0 -.2 - - DetroB -Arai Arbor -Flint, MI 2 - 205.824 206.384 1.2 .3 - Houston- Galveston- Brazoria, TX 2 - 195.094 194.479 1.9 -.3 - • - ' Miami -Fort Lauderdale, FL 2 • 223,631 - 224.907 .9 .6 - • Philadelphia- Wilmington- Atlantic City, PA- NJ -DE -MD 2 - 228.543 228.017 1.4 -.2 - - - San Francisco- Oakland -San Jose, CA .... ..... 2 228.107 - 227.658 1,6 -.2 • - - Seattle- Tacoma - Bremerton, WA 2 227.251 - 226.862 .6 -.2 - - ' t I Foods, fuels, and several other Hems priced every month in art areas; Pittsburgh, PA; Portland- Salem, OR-WA; St. Louis, MOIL; San Diego. CA; most other goods and services priced as Indicated: Tampa -St. Pelersburg•Clea,water, FL. M - Every month. 6 indexes on a November 1996 =100 base. 1 • January, March. May, July, September, and November. ' Data not available. 2 - February, April, June, August, October, and December. 2 Regions defined as the for Census regions. See map In technical NOTE: Loral area indexes are byproducts of the national CPI program. Each notes, local Index has a smaller sample size than the national Index and is. therefore, 3 Indexes on a December 1998 =100 base. subject to substantially more sampling and other measurement error. As a 4 Indexes on a December 1988=100 base. result, local area Indexes show greater volatility than the national Index, ti In addition. the following metropolitan areas are published semiannually although their long-term trends are similar. Therefore. the Bureau of Labor and appear in Tables 34 and 39 of the January and July issues of the CPI Statistics strongly urges users lo consider adapting the national average CPI Detailed Report: Anchorage, AK; Cinclnnall- HamIton, OH- KY -IN; for use In their escalator clauses. Denver - Boulder -Greeley, CO; Honolulu, HI; Kansas City, MO -KS; Milwaukee- Racine, WI; Minneapolis -St. Paul, MN -W1; Phoenix -Mesa, AZ: NOTE: Index applies to a month as a whole, not to any specific date. 43 CPI Detailed Report- December 2010 CPI Detailed Report Data for December 2010 Editors Malik Crawford Andrew Mauro Jonathan Church Contents Page Consumer Price Movements, December 2010 1 CPI-U 12-Month Changes 3 Recalculated Seasonally Adjusted Indexes to be Available on February 15, 2011 4 C-CPI-U Index Revisions 4 Report on Quality Changes for 2011 Model Vehicles 4 Articles Appearing in the CP1 Detailed Report, 2005-2010 5 Technical Notes 116 CPI—U CPI-14 Index tables Table Page Table Page U.S. city average; Expenditure categories; commodity, service groups 1 7 6 27 Seasonally adjusted expenditure categories; commodity, service groups 2 9 7 29 Detailed expenditure categories 3 11 8 31 Seasonally adjusted detailed expenditure categories 4 18 9 37 Special detailed categories 5 25 Historical: All items, 1913-present 24 73 27 91 Commodity and service groups and detailed expenditures, indexes 25 77 28 95 Commodity and service groups and detailed expenditures, percent change from previous December ...... 26 84 29 101 Selected areas: All items indexes 10 43 17 58 Regions 11 44 18 59 Population classes 12 46 19 61 Regions and population classes cross-classified 13 48 20 63 Food at home expenditure categories 14 52 21 67 Areas priced monthly: percent changes over the month 15 53 22 68 City indexes and percent changes 16 54 23 69 • . I CPI Detailed Report-December 2010 > lok IQContants Data 6: M Diesel Prices -Ultra -Lo• EMD_EP02DXL0 174D_EPD2DXL0PTE EIVID_EP02DXLD_PTE WO EPD20M0_P7D EMD EP1320)0.0PTE._ MD EPD2DXL0 PTE ENID PTE EMD PTE. EMD _ EP32D)0.0_PTE_ EMD P7E_ Sourcebey NU SDPG R10 DPG R11 DPG ._� MY DPG - R1Z_13PG 120 DPG R30 DPG R40 DPG R60 DPG SCA.DPG Cifbif AMU U Lower Rllatn 8" East Coast No 2 New England (PADD (PADD 18) No 2 (PADD 1C) No 2 Gulf Coast No 2 Rocky Mountain No 2 West Coast No 2 California No 2 U.S. No 2 Diesel Diesel Ultra Low 1A) No 2 Diesel Ultra Diesel Ultra Low Diesel Ultra Low Midwest No 2 Diesel Diesel Ultra Low Diesel Ultra Low Diesel Ultra Low Diesel Ultra Low Ultra Low Sulfur (0- Sulfur (0 -15 ppm) Low Sulfur (0-15 Sulfur (0-15 ppm) Sulfur (0-15 ppm) Jima Low Sulfur (0- Sulfur (0-15 ppm) Sulfur (0-15 ppm) Sulfur (0-15 ppm) Sulfur (0-15 ppm) 15 ppm) Ratan Saks Retail Sales by All ppm) Reta9 Sales by Retail Sales by All Ratan Sales by All 15 ppm) Retail Salts Retail Sales by All Retail Sales by All Retail Sales by All Retail Sales by All by Alt Sellers Sellers (Dollars per All Sellas (Dollars Sellers {Dollars per Sailers (Dollars per ay All Sellers Sellers (Dollars per Sellers (Dollars per Sellers (Dollars per Sellars (Dollars per _ Date (Dollars per Gallon) Gallon) per Galion) Gallon} Gallon) Dollars per Gallop) Gallon) Gallon( Gallon) Gallon) - Fab -2007 2513 249 2528 2.559 243Q'' 2.464 2.415 2.544 2.782 2.888 Mar -2007 2.88 2.662 2.715 _ 2.7 2.632 2,651 2625 2.742 2.815 2.885 Apr -2007 2.847 2.833 2.84 2.858 2.817 2.831 2796 2.962 2.942 2.985 May -2007 2.816 _ 2.813 2.876 2.863 2.775 2.764 275 2.998 2936 2.964 _ Jun-2007 2.826 2.823 2868 2.86 2.779 2.795 2.763 2.941 2.962 3.019 Jul -2007 2.881 2.867 2 945 2.93 2.819 2.87 2.502 2978 3.032 3.123 Aug - 2007 2.881 2.852 2.925 2.908 2.809 2681 _ 2.805 2.986 3.02 3,049 5e0.2007 2.961 2 954 3.002 _ 3.1324 2.91 2.986 2.895 2.979 3.008 3.024 Oct -2007 3.087 3.081 3.159 3.158 3.022 _ 3,1377 2.988 3159 3.251 3.267 Nov -2007 3.409 3.403 3.484 3.501 _ 3.341 3.394 3.316 3.497 3.577 3.608 Dec- 2007 3.356 3.411 3.586 3.524 3.326 3.326 3.282 3.353 3.461 3.475 Jan -2008 3.322 3.402 3.611 3499 3.32 3.289 3.26 3.256 3,391 3.423 ' _ Feb -2008 3.366 3.445 1602 3.523 - 3.383 3.358 3.343 3.341 3.442 3.488 Mar -2008 3.889 3.951 4,028 4.071 3.876 3.865 3.633 3.827 3.955 4.014 Apr -2008 4.094 4.161 4.263 4.294 4.077 4.053 4.024 4.97 4.206 4.255 May -2005 4.434 4.491 4.563 4.618 4.415 4.392 4.37 4.306 4.574 4.673 Jun -2008 4.687 _ 4.749 4.635 4.867 _ 4.679 4.615 4.64 4.677 4.854 4.968 .1u1 -2008 4.712 4.775 4.857 4.863 4.72 4.638 4.68 4.695 4,86 4.965 Aug -2006 4,315 4.384 4.531 4.51 _ 4.303 4.236 4.253 4.41 4.462 4.542 Sap -2008 4.035 4.095 4.221 4.184 4.035 4.001 3.993 4.052 4.074 4.087 Oct - 2008 3.569 3.663 3.806 3.735 3.611 3.57 3 54 3.632' 3.538 3.568 Nov -2008 2.889 3.013 3.208 3.152 2923 2.844 2.823 2.9 2.839 2.832 Dec -2008 2457 2569 _ 2.774 2.681 2.493 2.441 2.4 2.385 2.37 2.346 Jan -2009 2.302 2.387 26013 2.512 2.305 2.275 2.228 2.238 2.327 2297 Feb -2009 2.205 2285 2.558 2.439 2183 2.154 2.14 2.196 2265 2.26 Mar- 2009 2.097 2.175 2.427 2.32 2082 2.041 _ 2.058 2057 2.17 2.139 Apr -2009 2.225 2.273 2.412 2.397 2.201 2,169 2193 2.251 2.325 2.336 May -2009 2233 2274 ' 2.397 2.389 2207 2.175 _ 2201 2.277 2.345 2.354 Jun -2009 2.532 2.553 2.596 2.644 2.507 2.505 2498 251 2.635 2.697 Jul -2009 2544 2.562 2.623 2.661 2.511 1517 2.496 2.59 2.647 2.734 Aug -2009 2.638 2.666 2712 275 2.623 2.612 2.589 2.82 2.741 2.85 Sep- 2009 2.83 264 2.715 2.742 2.587 2609 2.551 2.574 2783 2.837 Oct-2009 2.676 2.686 2.743 2.792 2.833 2662 2.61 2.692 2.801 2.856 • • • 2797 2,815 2.87 2.916 2.776 2739 2.817 2.902 2.962 Oec-2009 '- - -2: 749 - 2:768 - -- -- - 2965 - -- -'-2:865 ' IM 2727 2699 2.763 2552 2.913 • • i 2.549 2.693 3.031 2.991 -K'• 2.815 2807 28 2.935 2.997 Feb -2010 2.789 2.839 3.008 293 2.782 2.744 2.746 2.794 2.875 2,938 Mar -2010 2.918 2.948 3.022 3.052 2894 2.886 2879 2917 3,004 3.058 Apr -2010 3.063 3.071 3.087 3.174 3.024 3.037 3.019 3.092 3.179 3.206 May -2010 3.073 3.088 3.121 3 2 3.035 3.041 3.025 3.132 3.179 3.205 _ Jun -2010 2.95 2.971 3.036 3.084 2,914 2.916 2.694 2.986 3.076 3,102 Jul -2010 2.912 2.928 3.02 3.027 2.875 2.679 2.864 2.915 3.059 1124 Aug -2010 _ 2.959 2.959 3.013 3.044 2.918 2.931 2.914 2.995 3.108 3.164 Sep -2010 2.948 2.938 2.996 1025 2895 2923 2.884 3.026 3.112 3.144 0C1-2010 3.052 3.05 , 3.109 3.16 2.997 3.039 2967 3.067 3.224 3.214 j .1.. -2010 3.14 3.14 3.204 3.258 3.124 3.055 3.231 3292 3.305 D40-2010 t 3213` 3 22.7' 5. 3,37:r 3.196 3222 3.176 3.291 3.363 3,408 J98-[1311 3.356 3.429 3.536 3.541 4.311 3.353 3.3391 3.365 3.492 3.58 EXHIBIT "C" 20111 RATES AND CHARGES BASED ON ANNUAL ADJUSTMENT ORLA_1677657.2 -7- FRANCHISEE: WASTE WORKS EXHIBIT "C" RFP 09 -004 MONTHLY RATES AND OTHER CHARGES (A) 2011 -2012 MONTHLY RATES FOR COMMERCIAL AND MULTI- FAMILY SOLID WASTE SERVICES BASED ON THE CUBIC YARD COST OF $18.98. All charges are to be multiples of the base rate per cubic yard times the dumpster size times the frequency of collection per week. WEEKLY PICK -UP 2 CUBIC YARDS 3 CUBIC YARDS 4 CUBIC YARDS 1 time x (A) $37.96 $56.94 $75.92 2 times x (A) $75.92 $113.88 $151.84 3 times x (A) $113.88 $170.82 $227.76 4 times x (A) $151.84 $227.76 $303.68 5 times x (A) $189.90 $284.70 $379.60 6 times x (A) $227.76 $341.64 $455.52 WEEKLY PICK -UP 6 CUBIC YARDS 8 CUBIC YARDS 1 time x (A) $113.88 $151.84 2 times x (A) $227.76 $303.68 3 times x (A) $341.64 $455.52 4 times x (A) $455.52 $607.36 5 times x (A) $569.40 $759.20 6 times x (A) $683.28 $911.04 EXTRA PICK -UPS: • 2 cubic yards: $36.60 per extra pick -up per week 3 cubic yards: $47.05 per extra pick -up per week 4 cubic yards: $52.28 per extra pick -up per week 6 cubic yards: $57.51 per extra pick -up per week 8 cubic yards: $62.74 per extra pick -up per week ABOVE PRICES INCLUDE FULL PRICE OF DUMPSTER RENTAL I FRANCHISEE: WASTE WORKS (B) ROLL -OFFS: Indicate pricing proposal for roll -offs, to include pick -up and disposal cost breakdown: Open Top 20 cubic yd $102.47 per pull plus actual disposal charges Open Top 30 cubic yd $102.47 per pull plus actual disposal charges Open Top 40 cubic yd $102.47 per pull plus actual disposal charges Compactors $102.47_ per pull plus actual disposal charges (C) OTHER CHARGES: Indicate any other charges for services to be provided under Agreement (i.e. pick -up, delivery, etc): If requested by customers (D) CONSTRUCTION AND DEMOLITION DEBRIS FROM RESIDENTIAL BUILDING, ROOFING AND REMODELING: Construction and demolition debris from residential building, roofing and remodeling is NOT within the scope of the proposed franchise. However, the City, at its sole option, may expand the scope to include the foregoing. Indicate pricing for construction and demolition debris from residential building, roofing and remodeling in the event it is added to the franchise: Open Top 20 cubic yd $102.47 per pull plus actual disposal charges Open Top 30 cubic yd $102.47 per pull plus actual disposal charges Open Top 40 cubic yd _$102.47 per pull plus actual disposal charges Compactors $102.47 per pull plus actual disposal charges Remainder of page left blank intentionally. RFP09004 Commercial Solid Waste 2 /sr PROPOSER: WASTE WORKS tar EXHIBIT "A" RFP 09 -004 MONTHLY RATES AND OTHER CHARGES fir► fir (A) THREE (3) YEAR MONTHLY RATES FOR COMMERCIAL AND MULTI- , FAMILY SOLID WASTE SERVICES BASED ON THE CUBIC YARD COST OF $ 18.15 All charges are to be multiples of the base rate per cubic yard times the dumpster size Ir times the frequency of collection per week. fYr► l,. WEEKLY PICK -UP 2 CUBIC YARDS 3 CUBIC YARDS 4 CUBIC YARDS 1 time X (A) $ 36.30 $ 54.45 $ 72,60 4 60 2 time X (A) $ 72.60 $ 108.90 $ 154.20 3 time X (A) $ 108.90 $ 163.35 2$ 17.80 4 time X (A) $ 145.20 $ 217.25 $ 290.40 lir 5 time x (A) $ 181.50 $ 272.25 $ 363.00 fk. 6 time X (A) $ 217,80 $ 336,70 $ 435.60 /4r Okr thr WEEKLY PICK -UP 6 CUBIC YARDS 8 CUBIC YARDS wlr► 1 time x (A) $ 108.90 $ 145.20 2 time x (A) $ 217.80 $ 290.00 law 3 time x (A) $ 326.70 $ 435.60 4 time x (A) $ 435.60 $ 580.80 4Wr► 5 time x (A) $ 544.50 $ 726.00 lir 6 time x (A) $ 653.40 $ 871.20 ISP sir EXTRA PICK -UPS: 2 cubic yards: $ 35.00 per extra pick -up per week 3 cubic yards: $ 45.00 per extra pick -up per week *iv 4 cubic yards: $ 50.00 per extra pick - up per week 5 cubic yards: $ 55.00 per extra pick -up per week 8 cubic yards: $ 60.00 per extra pick -up per week 1p�r ABOVE PRICES INCLUDE FULL PRICE OF DUMPSTER RENTAL irr RFP09004 Commercial Solid Waste 24 %Mr give %kr, PROPOSER: WASTE WORKS fir► (B) ROLL -OFFS: ki tior Indicate pricing proposal for roll -offs, to include pick -up and disposal cost breakdown: 'fir taw Open Top 20cubic yd $ 98.00 Per Pull Plus Actual Disposal Charges Open Top 30cubicyd $ 98.00 Per Pull Plus Actual Disposal Charges Open Top 40cubic yd $ 98.00 Per Pull Plus Actual Disposal Charges irr Compactors $ 98.00 Per Pull Plus Actual Disposal Charges (C) OTHER CHARGES: Vto % Irdicate any other charges for services to be provided under Agreement (Le. pick -up, delivery, etc): taw War If Requested by customers �Irr Wr► 11Ir (D) CONSTRUCTION AND DEMOLITION DEBRIS FROM RESIDENTIAL ‘o" BUILDING, ROOFING AND REMODELING: Ito Construction and demolition debris from residential building, roofing and remodeling is NOT within the scope of the proposed franchise. However, the City, at its sole option, may expand tiro the scope to include the foregoing. Indicate pricing for construction and demolition debris from residential building, roofing and remodeling in the event it is added to the franchise: leo Open Top 20cubic yd $ 98.00 Per Pull Plus Actual Disposal Charges Open Top 30cubic 98.00 per Pull Plus Actual Disposal Charges Open Top 40cubic yd $ 98.00 Per Pull Plus Actual Disposal Charges Compactors $ 98.00 Per Pull Plus Actual Disposal Charges Remainder of page left blank intentionally. sir ter tor 'fir► +rr RFP09004 Commercial Solid Waste 25 lIrr CONTRACT PERFORMANCE BOND Bond No: 6530 (Exclusive Commercial and Multi - Family Solid Waste Collection Franchise Agreement) KNOW ALL MEN BY THESE PRESENTS that Waste Depot, LLC d /b /a Waste Works, a Florida limited liability company, (hereinafter referred to as "Principal "), and United Casualty and Surety Insurance Company 170 Milk Street 5th Floor Boston, Massachusetts 02109, a corporation organized under the laws of the Commonwealth of Massachusetts and licensed to do business in the State of Florida (hereinafter referred to as "Surety "), are held and firmly bound unto the City of Ocoee, Florida, as Obligee, (hereinafter referred to as "Obligee "), in the Penal Sum of Two Hundred Thousand Dollars ($200,000.00), for the payment of which sum well and truly made, Principal and Surety bind themselves, and their successors and assigns, jointly and severally, in accordance with the terms set forth herein. Recitals WHEREAS, Principal has by written agreement dated October 20, 2009 entered into a contract, with the Obligee titled "Exclusive Commercial and Multi - Family Solid Waste Collection Franchise Agreement ", as amended by First Amendment thereto dated January 5, 2010 (hereinafter referred to as the "Contract ") for the purposes of establishing an exclusive franchise granted by the Obligee and accepted by the Principal for the collection of commercial and multi - family solid waste within the corporate limits of the City of Ocoee; and WHEREAS, the Contract identifies certain performance obligations of the Principal for a term of three (3) years, which term may be extended for an additional two (2) years; and WHEREAS, this Contract Performance Bond is being accepted by the City of Ocoee, as Obligee, on the condition that it is acknowledged by the Surety as covering all non- performance, defaults and matters arising under the Contract, including, but not limited to such non - performance, defaults and matters that have arisen since October 20, 2009 and /or are in existence as of the date of the execution of this Contract Performance Bond; and WHEREAS, the Surety acknowledges receipt of good and valuable consideration for the obligations it assumes hereunder. NOW, THEREFORE, it is agreed that the above Recitals are acknowledged to be true and accurate and are incorporated herein by reference. This Contract Performance Bond is being issued by the Surety to secure the performance obligations of the Principal under the Contract since the date of it inception and any additional extensions thereof. If the Principal shall well, truly and timely perform all the undertakings, covenants, terms, conditions, and agreements of said Contract, within the term of the Contract and all extensions thereof; and shall also well, truly and timely perform all undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Contract that may hereafter be made; and shall pay, compensate, indemnify and save harmless the said Obligee of and from any and all loss, damage and expense, caused by any breach or default by Principal under the Contract, including, but not limited to, those arising before or which are in existence as of the date of the execution of this Contract Performance Bond; and including, but not limited to, liquidated damages, damages caused by delays in performance of the Principal, expenses, costs and attorneys' fees, including attorneys' fees incurred in appellate proceedings, that Obligee sustains resulting directly or indirectly from failure of the Principal to perform its performance obligations under the Contract, then the obligations of this Contract Performance Bond shall be null and void; otherwise, this Contract Performance Bond shall remain in full force and effect and Surety shall be liable to Obligee under this Contract Performance Bond in accordance with its terms and shall pay the Obligee for such damages that result from the non - performance of the Principal as described above subject to the notice provisions described below. The Surety's obligations to the Obligee hereunder shall be direct and immediate and are not conditional or contingent upon Obligee's pursuit of its remedies against Principal, and shall remain in full force and effect notwithstanding (a) amendments or modifications to the Contract entered into by Obligee and Principal without the Surety's knowledge or consent; (b) waivers of compliance with or any default under the Contract granted by Obligee to Principal or by Principal to Obligee without the Surety's knowledge or consent; (c) the discharge of Principal from its obligations under the Contract as a result of any proceeding initiated under The United States Bankruptcy Code, as the same may be from time to time amended, or any similar state or federal law, or any limitation of the liability of Principal or its estate as a result of any such proceedings; or (d) any other action taken by Obligee or Principal that would, in the absence of this clause, result in the release or discharge by operation of law of the Surety from its obligations hereunder. Any changes in or under the Contract or noncompliance with any formalities connected with the Contract or changes therein shall not affect Surety's obligations under this bond, and Surety hereby waives notice of any such changes. The Surety shall perform the obligations of the Principal under the Contract upon receipt of five (5) days written notice of the Principal's default. In the event that the Surety fails to fulfill its obligations under this Contract Performance Bond, then the Surety shall pay, indemnify and save the Obligee harmless from any and all loss, damage, cost and expense, including reasonable attorneys' fees and other legal costs for all trial and appellate proceedings, caused directly or indirectly by the Principal's default(s) and the Surety's failure to fulfill its obligations hereunder. This Contract Performance Bond and its obligations shall survive the termination or cancellation of the Contract. The payment and indemnification obligations set forth in this paragraph shall be limited by the Penal Sum of this Contract Performance Bond regardless of the duration of the Contract. IN WITNESS WHEREOF, the Principal and Surety have executed this instrument under their several seals on the 20th day of July, 2010, the name and corporate seal of each corporate party being hereto affixed and these presents fully signed by its undersigned representative, pursuant to the authority of its governing body. Signed, sealed and delivered in the presence of: Waste De • of + LC d a Wast = Works- Principal By: (SEAL) G. Robert Schwandt, Member (Official Title) United Casual • and Buret Insurance Company- Surety B ,�y.��,� (SEAL) Todd S. Carrigan. Attorney -in -Fact (Official Title) NOTES: if Principal and Surety are corporations, the respective corporate seal should be affixed and attached. Surety shall execute and attach a certified copy of Power of Attorney Appointing Individual Attorney -In -Fact for execution of Performance Bond on behalf of Surety. ca ' - 928 ___ Ili .Ir�11��WM�rY1�i�r+�W.11r� r.�� W .� $ t�l iTJED BOSTON, MASSACRttSETrS rilncipa - Waste Depot; .LC d71s ?a -ate dirks ..:,',=-'.:''. : 320 1?rlteiiitise:Sirce4 . , Oi ee, FL 34'761 PRF..��T�ITS IfNtb* AI�,T.. MTV BYT4IES)�, What UINN!T CASUALTY AdD SURET'- INSURANCE Obh ig ` COMPANY a corporation of the State of Massachusetts- does hereby . a' s hori - ` C 150 Note � �rlve make, c.onst ttne and' appoint -; -_ ' ' ' Ocoee, FL 34761 Todd S. Carrigan of Boston,Massaciiusetts - . . - -_- -- ' its true and lawful Attorney -in -Fact with full power and autho for •acid on behalf of the Company as sorely, its , and deliver and . - _ Effe Date 20t day of J • 2 9. 10 , - - affix the seal of the Company thereto if .a' seal is required, bonds, - - _ - Undertakings recognizances; codsents of surety or other written ' obligations to the nature Chereof as follows - $20 0 ..90- LI"dCt �t11113t �Qil Any-and alt bonds, •undertakings 4ecognizances consents of -surety. or Tither i, itt obli ti �`�' ly ga onk in tier. nature thereoL , attd to bind`W UT + CASUALTY AND SURETYJNSURANCE iDt'ti, P00".i0 irit $ ,0!00 €}B COMPANY;. thereby, and_ all of: the, :aets of said Attt ey -in -Fact - . arauant to these resents are 40. dled and c on tiited . . , ' ; . - This wer of attorney is si y algid b i faosttiia p �i , Iiereb po Y bt'ied atxd se 'le under and #i au thority t�f die #'aUowtng Resoldtioiir3 adapt�ci by the • $ H ard 4f I)rreGtors of UNITED CASUALTY AND S tIRE'1 Y *stat`A10E t0∎1l'P'ANY at meeting duly called anctheld on the tat day' of July 1993. whichResolutions are now in full force and.ef €ect: = , 1tt ed that the President Treasurer or Secretar _- e and they are hereby autht tze aril empowered to appnint Attonteys- rn- Facttf ftetntepany, in yts taa.tite and as i acts to execute and acktowiee for eat* its behalf a's ' .terety any and all bonds, r ogntz s cons •ofinckmn tT waivers of eitattim 'audit! other'writings obhigatoryin the iiarure the -f with porwtr to attaeh'thereto the seal of the Comprany.Any =such wnt sgs sei:eiteeitted by h Attorney0t4act.shalt be bindinguponthe Company as if they had been dulyexeetiuted and,aehhOt'edged by the r gularly lade 4 A tcers girdle Company iii theirown r ,sons: - - pttipe fix ' This: power'of attorney is signed an y 'under r:and by theauthority of the following Resolution adopted'by:the Board of Directors of - d sealed b f . ..l UNITED CASUALTY AND 'SURE"TY' 1NSURAWCFi COMPANY It a meeting duly Called and held on the %1 43)!, of July', - l' 3 - Tirat the si nature of airy officer authorized by Res+ iliilons of this Boiirztand Olt n Co panyseal-rnay be affixed by-41;01;040.0,46Y power of attnn'ney -oi special 'power of attorney or eertiffteation efeithergiven fof'the execution.of any bond, undertaking, recognizance or other'written 461iiiithat 'in the nature-thereof; such signature and seal, when so used being hereby adopted bythe Company as the original signauire of such officer and the original seal of the Company; to be valid - d'itd binling upon the Company with the sattieforce _and effect a'thpugh manually, affixed. IN ' WI rNE S V4i1EREOR, t7NITEb CASUALTY A.ND SURETY INSURAN(` E COMPANY' has caused =these presents to be signed by its proper • Officer and its corporate seal to be beretkpto affixed this 28th day of May 2008 UNITED CAS UALTYY -AND. SURETY- INSURANCEC©MPANY Timoth Treasurer - . r. y M. Carrigan, Treasurer T - State .of 1Matisachusetts, County ofSuffolk ss. - - - - - - - - ' On this 28th da , of May in the year 20(0 before me personally came Timothy M. Carriga known --,z__-_ ho, being,by me - sworn, did depose and say that he resides in the State of Massachusetts; that Ire is the Treasurer of UNI'T'ED CASUALTY AND SURETY INSURANCE COMPANY; the of said co n described said seat authority , -, liy', q uthority,.ht : ta'he knows t rpo executed the above, instrument; that he signed his Hanle thereto _ the ab noted a rpo ffix ed`to said instrument is,such corporate seal and that it was so affixed b authori o f h is of under, the byla cif said co '' ... Thomas P Carrigan Jr Not Public M y cotiimission 'expires Depetnber 1 2QII 1 Ttmth o Treasurer of UNITED CASUALTY "AND • y M C'artigan, SURETY,TNaURANCE COMPAT3� certify_ that die fc power Of.. attorney, and the above quoted : Resolutions of the�Board. of Directors of July 1 have not'beeit abridged or revoked are; now itt fullforce and: e €f . 20th - July: . 14 Signed anti seealed Boston, Massachusetts, t day 2tl - y S - - - _ Trirtoth M _ art an, Treasurer .