HomeMy WebLinkAboutAgenda Council Agenda 030112
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 1, 2012
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 3) APPROVE MINUTES FROM FEBRUARY 2, 2012 CITY COUNCIL
MEETING.
b. (Staff Report on Page 12, Resolution on Page 16) RESOLUTION 26, 2012 -
PURCHASE AWARD TO WISCH & JACKSON CO. OF FLORIDA, INC. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING A PURCHASE AWARD TO WISCH &
JACKSON CO. OF FLORIDA, INC. FOR AN AUTOMATED LOGIC
CORPORATION (ALC) BUILDING AUTOMATION UPGRADE IN AN AMOUNT
NOT TO EXCEED $66,400.00 IN ORDER TO REPLACE EXISTING AGING
EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
IX. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing)
a. (Staff Report on Page 21, Ordinance on Page 23) ORDINANCE 7, 2012 - (1ST
READING) RESTATEMENT OF A RETIREMENT PLAN AND TRUST FOR THE
GENERAL EMPLOYEES. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE
RESTATEMENT OF A RETIREMENT PLAN AND TRUST FOR THE GENERAL
EMPLOYEES OF THE CITY OF PALM BEACH GARDENS, FLORIDA;
AUTHORIZING THE ADOPTION OF THE FLORIDA MUNICIPAL PENSION
TRUST FUND MASTER PLAN DOCUMENT; PROVIDING FOR PUBLICATION;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
X. RESOLUTIONS:
a. (Staff Report on Page 113, Resolution on Page 115) RESOLUTION 22, 2012
– ESTABLISH JULY AND AUGUST COUNCIL MEETING DATES. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY
COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2012;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. (Page 119) RATIFICATION OF NON-RENEWAL OF THE FRANCHISE
AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA, AND
AUTHORIZATION OF A SOLICITATION FOR SOLID WASTE, RECYCLING,
AND VEGETATIVE WASTE COLLECTION SERVICE PROVIDERS.
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
PAGE 1
CITY OF PALM BEACH GARDENS 1
CITY COUNCIL 2
REGULAR MEETING 3
February 2, 2012 4
5
The regular meeting was called to order at 7:02 p.m. by Mayor Levy. 6
I. PLEDGE OF ALLEGIANCE 7
II. ROLL CALL 8
PRESENT: Mayor Levy, Vice Mayor Premuroso, Council Member Russo, Council Member 9
Jablin, Council Member Tinsley. 10
ABSENT: None. 11
III. ADDITIONS, DELETIONS, MODIFICATIONS 12
None. 13
IV. ANNOUNCEMENTS AND PRESENTATIONS 14
a. MAYOR’S VETERANS GOLF TOURNAMENT CHECK PRESENTATION. 15
Golf Operations Director, Dan Reidy announced this was a record year raising more than 16
$23,000 for the Honda Classic and thanked Tom Cairnes, Gardens Mall - Platinum sponsor; 17
Charles Zacharias, TBC Corporation Silver Sponsor; Ed McEnroe, Honda Classic - Cart 18
Sponsor; Greg King, Massage Envy - Cart Sponsor. 19
Associate Director of the VA Medical Hospital, Cristi McKillop handed out certificates to 20
members of the employee committee that organized the tournament and presented a plaque to the 21
City Council. 22
a. HONDA CLASSIC ECONOMIC IMPACT PRESENTATION. 23
Presentation: Ed McEnroe, Honda Classic. 24
b. JOG ROAD EXTENSION PROJECT. 25
City Engineer, Todd Engle provided an overview of the project. 26
Kathleen Farrell, Omelio Fernandez, George Webb, Palm Beach County did a presentation 27
on the Jog Road Extension project. 28
V. ITEMS OF RESIDENT INTEREST AND BOARD/COMMITTEE REPORTS 29
Council Member Tinsley: thanked the Honda Classic for the 1.2 million in charitable 30
contributions this year; attended two ribbon cutting ceremonies, Paris in Town and Pure Hyper 31
Clean; thanked everyone that helped make the 10th Anniversary of the Green Market a great 32
success; attended the Economic Forum Breakfast, featuring Dr. Fishkind, hosted by the PGA 33
Corridor Association; attended the State of the County Breakfast; congratulated Capital Grill and 34
Café Chardonnay for being in the South Florida Business Journal top 10 Restaurants. Attended a 35
Parks & Recreation Advisory Board Meeting this month regarding the City Park expansion 36
which is in the planning stages. 37
Council Member Russo: Thanked the Honda Classic and recognized the Nicklaus Children’s 38
Healthcare Charity; attended the Bioscience Meeting with Mayor Levy; spoke on the local 39
Biotech Industry economic outlook; attended the Economic Advisory Board Meeting this month 40
in Lake Park. 41
Vice Mayor Premuroso: Will attend the Budget Oversight Committee on February 23, 2012 to 42
start this year’s budget process; the Amanda Buckley 5th Annual Golf Tournament is coming up 43
on April 28, 2012; thanked Chief Stepp for the increased Police presence along Holly Drive; 44
accepted the membership of Palm Beach State College Bachelors Degree Advisory Board; will 45
be attending upcoming Business Development Board Meeting in Palm Beach Gardens on 46
Thursday. 47
Council Member Jablin: attended the Chamber of Commerce Breakfast, thanked Karen Marcus 48
on 28 years of service to the County and particularly northern Palm Beach County. 49
PAGE 2
Mayor Levy: attended the Loxahatchee River Management Coordinating Council Meeting; 1
attended the Board of Director’s Meeting for the League of Cities; announced the passing of 2
former employee Ralph Elkins on January 27, 2012. 3
VI. CITY MANAGER REPORT 4
None. 5
VII. COMMENTS FROM THE PUBLIC 6
Carol Estrada, 309 Riverside Drive, Palm Beach Gardens; Roger Blangy, 11658 Hanloh St., 7
Palm Beach Gardens; Dennis Lipoff, 8341 Sunset Drive, Palm Beach Gardens; Kevin Easton, 8
8342 Sunset Drive, Palm Beach Gardens; Tom Cairnes, 301 PGA Blvd., Palm Beach Gardens. 9
VIII. CONSENT AGENDA 10
Council Member Russo Requested Resolution 10, 2012 be pulled from the Consent Agenda 11
due to conflict. 12
a. APPROVE MINUTES FROM JANUARY 5, 2012 CITY COUNCIL MEETING. 13
c. RESOLUTION 20, 2012 – GARDENS MALL PUD ANCHOR TENANT. A 14
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 15
FLORIDA APPROVING AN AMENDMENT TO THE GARDENS MALL DEVELOPMENT 16
ORDER TO PROVIDE CLARIFICATION OF ANCHOR TENANT SPACE USE, AS MORE 17
PARTICULARLY DESCRIBED HEREIN; PROVIDING A CONDITION OF APPROVAL; 18
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 19
d. PROCLAMATION – FAMILY CENTRAL 40TH ANNIVERSARY. 20
Council Member Jablin made a motion to approval the Consent Agenda without Resolution 10, 21
2012. 22
Council Member Premuroso seconded. 23
Motion passed 5-0. 24
Council Member Russo stepped away from the Dias and filled out form 8B. 25
The City Clerk read Resolution 10, 2012 by title. 26
b. RESOLUTION 10, 2012 - AGREEMENT WITH THE CHILDREN’S HEALTHCARE 27
CHARITY, INC. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 28
BEACH GARDENS, FLORIDA APPROVING AN AGREEMENT WITH THE CHILDREN’S 29
HEALTHCARE CHARITY, INC. FOR THE 2012 HONDA CLASSIC PGA GOLF 30
TOURNAMENT TO PROVIDE TEMPORARY VOLUNTEER PARKING, A PUBLIC 31
SAFETY GRANT FOR OFF-DUTY POLICE AND FIRE PERSONNEL, AND EXCLUSIVE 32
USE OF MIRASOL PARK; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 33
PURPOSES. 34
Council Member Jablin made a motion to approve Resolution 10, 2012. 35
Council Member Tinsley seconded. 36
Motion passed 4-0. 37
Council Member Russo returned to the Dias. 38
IX. PUBLIC HEARINGS: (*Designates Quasi-Judicial Hearing) 39
Those preparing to give testimony were sworn in. 40
The City Clerk read Resolution 13, 2012 by title. 41
a. *RESOLUTION 13, 2012 – WATERFORD HOTEL PLANNED UNIT DEVELOPMENT 42
(PUD) AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 43
PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE 44
WATERFORD HOTEL PLANNED UNIT DEVELOPMENT (PUD) SITE PLAN TO 45
CONVERT 90 HOTEL ROOMS TO 77 ROOMS AND CONVERT A PRIVATE 46
RESTAURANT TO A PUBLIC RESTAURANT, AS MORE PARTICULARLY DESCRIBED 47
HEREIN; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 48
DATE; AND FOR OTHER PURPOSES. 49
PAGE 3
Mayor Levy opened the Public Hearing. 1
Petitioner: Don Hearing, Cotleur & Hearing. 2
Staff presentation: None. 3
Public comment: Virginia Norton, 11337 Briarwood Pl., North Palm Beach; Natalie Valdivia, 4
11300 Glen Oaks Ct., North Palm Beach; Bill Wehrman, 11278 Glen Oaks Ct., North Palm 5
Beach; Juanita Demrick, 11344 Briarwood Pl., North Palm Beach; Eleanor Wehrman, 11278 6
Glen Oaks Ct., North Palm Beach; Tom Valdivia, 11300 Glen Oaks Ct., North Palm Beach; 7
Elizabeth Bartram, 11282 Glen Oaks Ct., North Palm Beach; Gree Jones, 11447 Shady Oaks 8
Ln., North Palm Beach; Barry A. Norton, 11337 Briarwood Pl., North Palm Beach; Chelle 9
Konyk, 1601 Forum Pl., Suite 700, West Palm Beach. 10
Mayor Levy closed the Public Hearing. 11
Council Member Jablin made a motion to approve Resolution 13, 2012. 12
Vice Mayor Premuroso seconded. 13
Motion passed 5-0. 14
The City Clerk read Resolution 17, 2012 by title. 15
b. *RESOLUTION 17, 2012- PARCEL 31.04 PCD AMENDMENT. A RESOLUTION OF THE 16
CITY COUNCILOF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 17
THEMASTER DEVELOPMENT PLAN FOR THE 50.58-ACRE PARCEL 31.04 MIXED-USE 18
PLANNED COMMUNITY DEVELOPMENT (MXD/PCD), GENERALLY BOUNDED BY 19
INTERSTATE 95 AND CENTRAL BOULEVARD TO THE WEST, VICTORIA FALLS 20
BOULEVARD TO THE NORTH, THE FUTURE EXTENSION OF ELM AVENUE TO THE 21
EAST, AND THE PALOMA PLANNED UNIT DEVELOPMENT (PUD) TO THE SOUTH, 22
AS MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW FOR A REVISED 23
DEVELOPMENT PROGRAM CONSISTING OF 15,000 SQUARE FEET OF RESTAURANT, 24
60,000 SQUARE FEET OF PROFESSIONAL OFFICE, 35,000 SQUARE FEET OF 25
COMMERCIAL, 60,000 SQUARE FEET OF MEDICAL OFFICE, 10,000 SQUARE FEET OF 26
BANK WITH DRIVE-THROUGH, 15,000 SQUARE FEET OF DRUGSTORE WITH DRIVE-27
THROUGH, 20,000 SQUARE FEET OF HEALTH CLUB, AND 341 MULTI-FAMILY 28
UNITS. 29
Mayor Levy opened the Public Hearing. 30
Petitioner: Ryan Johnston, Johnston Group Development. 31
Staff presentation: Principal Planner, Richard Marrero. 32
Public comment: Mark Velleneuve, 12415 Aviles Cir., Palm Beach Gardens; Carolyn Chaplik, 33
715 Hudson Bay Dr., Palm Beach Gardens; Bernard Larose, 12292 Aviles Cir., Palm Beach 34
Gardens. 35
Mayor Levy closed the Public Hearing. 36
Council Member Jablin made a motion to approve Resolution 17, 2012. 37
Vice Mayor Premuroso seconded. 38
Motion passed 4-1, Council Member Tinsley voted against. 39
The City Clerk read Ordinance 1, 2012 by title. 40
c. *ORDINANCE 1, 2012 – (2ND READING AND ADOPTION) GORDON AND DONER 41
SMALL SCALE LANDUSE AMENDMENT. AN ORDINANCE OF THE CITY COUNCIL 42
OF THE CITYOF PALM BEACH GARDENS, FLORIDA ADOPTING A SMALL-43
SCALEAMENDMENT TO ITS COMPREHENSIVE DEVELOPMENT PLAN 44
INACCORDANCE WITH THE MANDATES SET FORTH IN CHAPTER 163, FLORIDA 45
STATUTES, SPECIFICALLY SECTION 163.3184, ET SEQ., FLORIDA STATUTES, 46
PURSUANT TO APPLICATION NO. CPSS-11-05- 000003, WHICH PROVIDES FOR AN 47
AMENDMENT TO THE CITY’S FUTURE LAND USE MAP DESIGNATING ONE (1) 48
PARCEL OF REAL PROPERTY COMPRISING APPROXIMATELY 0.26 ACRES, MORE 49
PAGE 4
OR LESS, IN SIZE AS “(C) COMMERCIAL”; SUCH PARCEL BEING LOCATED 1
GENERALLY 200 FEET SOUTH OF NORTHLAKE BOULEVARD ON THE EAST SIDE OF 2
SUNSET DRIVE; PROVIDING FOR COMPLIANCE WITH ALL REQUIREMENTS OF 3
CHAPTER 163, FLORIDA STATUTES; PROVIDING FOR TRANSMITTAL TO THE 4
FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY (DEO); PROVIDING A 5
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 6
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 7
Mayor Levy opened the Public Hearing. 8
Petitioner: None. 9
Staff Presentation: None. 10
Public Comment: Kevin Easton, 8342 Sunset Dr., Palm Beach Gardens; Carol Courtney, 8511 11
40 Terrace N., Palm Beach Gardens; Carol Estrada, 309 Riverside Dr., Palm Beach Gardens. 12
Mayor Levy closed the Public Hearing. 13
Council Member Jablin made a motion to approve Ordinance 1, 2012 on 2nd reading. 14
Council Member Tinsley seconded. 15
Motion passed 5-0. 16
The City Clerk read Ordinance 2, 2012 and Resolution 3, 2012 by title. 17
d. *ORDINANCE 2, 2012 – (2ND READING AND ADOPTION) GORDON AND DONER 18
PUD. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH 19
GARDENS, FLORIDA REZONING CERTAIN REAL PROPERTY WITHIN THE 20
CORPORATE LIMITS OF THE CITY OF PALM BEACH GARDENS, CONSISTING OF 21
ONE (1) PARCEL OF REAL PROPERTY TOTALING 0.87 ACRES, MORE OR LESS, IN 22
SIZE LOCATED ON THE SOUTHWEST CORNER OF NORTHLAKE BOULEVARD AND 23
SUNSET DRIVE, WITH STREET ADDRESSES OF 4114 NORTHLAKE BOULEVARD 24
AND 8955 SUNSET DRIVE, TO BE KNOWN AS THE GORDON AND DONER PUD; 25
PROVIDING THAT THIS PARCEL OF REAL PROPERTY WHICH IS MORE 26
PARTICULARLY DESCRIBED HEREIN SHALL BE ASSIGNED THE CITY ZONING 27
DESIGNATION OF PLANNED UNIT DEVELOPMENT (PUD) OVERLAY WITH AN 28
UNDERLYING ZONING DESIGNATION OF GENERAL COMMERCIAL (CG-1); 29
PROVIDING THAT THE ZONING MAP OF THE CITY OF PALM BEACH GARDENS BE 30
AMENDED ACCORDINGLY; PROVIDING A CONFLICTS CLAUSE AND A 31
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 32
PURPOSES. 33
RESOLUTION 3, 2012 IS A COMPANION ITEM TO ORDINANCE 2, 2012 AND WILL 34
REQUIRE COUNCIL ACTION. 35
*RESOLUTION 3, 2012 - GORDON AND DONER PUD. A RESOLUTION OF THE CITY 36
COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE 37
GORDON AND DONER PLANNED UNIT DEVELOPMENT (PUD) AND SITE PLAN IN 38
ORDER TO ALLOW THE EXPANSION OF AN EXISTING OFFICE BUILDING BY 5,069 39
SQUARE FEET, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 40
WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 41
DATE; AND FOR OTHER PURPOSES. 42
Mayor Levy opened the Public Hearing. 43
Petitioner: None. 44
Staff Presentation: None. 45
Public Comment: Kevin Easton, 8347 Sunset Dr., Palm Beach Gardens; Carol Estrada, 309 46
Riverside Dr., Palm Beach Gardens. 47
Mayor Levy closed the Public Hearing. 48
Council Member Jablin made a motion to approve Ordinance 2, 2012. 49
PAGE 5
Vice Mayor Premuroso seconded. 1
Motion passed 5-0. 2
Council Member Jablin made a motion to approve Resolution 3, 2012. 3
Vice Mayor Premuroso seconded 4
Motion passed 5-0 5
The City Clerk read Ordinance 3, 2012 by title. 6
e. ORDINANCE 3, 2012 - (2ND READING AND ADOPTION) AMENDING FISCAL YEAR 7
2011/2012 BUDGETED FUND BALANCE CARRYOVERS. AN ORDINANCE OF THE 8
CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING 9
THE CITY OF PALM BEACH GARDENS’ BUDGET FOR THE FISCAL YEAR 10
BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012, INCLUSIVE; 11
PROVIDING A CONFLICTS CLAUSE AND A SEVERABILITY CLAUSE; PROVIDING 12
AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 13
Mayor Levy opened the Public Hearing. 14
Petitioner: None. 15
Staff Presentation: Finance Administrator, Allan Owens. 16
Public Comment: None. 17
Mayor Levy closed the Public Hearing. 18
Council Member Jablin made a motion to approve Ordinance 3, 2012 on 2nd reading. 19
Vice Mayor Premuroso seconded. 20
Motion passed 5-0. 21
The City Clerk read Ordinance 4, 2012 by title. 22
f. ORDINANCE 4, 2012 - (2ND READING AND ADOPTION) AMENDING THE FISCAL 23
YEAR 2011/2012 BUDGET. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 24
PALM BEACH GARDENS, FLORIDA AMENDING THE CITY OF PALM BEACH 25
GARDENS’ BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND 26
ENDING SEPTEMBER 30, 2012, INCLUSIVE; PROVIDING A CONFLICTS CLAUSE, A 27
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE 28
DATE; AND FOR OTHER PURPOSES. 29
Mayor Levy opened the Public Hearing. 30
Petitioner: None. 31
Staff Presentation: Finance Administrator, Allan Owens. 32
Public Comment: None. 33
Mayor Levy closed the Public Hearing. 34
Council Member Jablin made a motion to approve Ordinance 4, 2012 on 2nd reading. 35
Council Member Tinsley seconded. 36
Motion passed 5-0. 37
The City Clerk read Ordinance 5, 2012 by title. 38
g. ORDINANCE 5, 2012 – (2ND READING) AMENDING CHAPTER 42 OFFENSES. AN 39
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 40
FLORIDA AMENDING CHAPTER 42. OFFENSES. BY ADOPTING ARTICLE I. 41
GENERAL OFFENSES AND INCORPORATING EXISTING SECTIONS 42-1 THROUGH 42
42-3 THEREIN, ALONG WITH NEW SECTIONS 42-4 THROUGH 42-9, WHICH ARE 43
RESERVED FOR FUTURE LEGISLATION; FURTHER AMENDING CHAPTER 42 BY 44
ADOPTING ARTICLE II. SEXUAL OFFENDER AND SEXUAL PREDATOR RESIDENCE 45
PROHIBITION, IN ORDER TO ESTABLISH REGULATIONS TO GOVERN AND 46
REGULATE SEXUAL OFFENDERS AND SEXUAL PREDATORS RESIDING IN THE 47
CITY; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND 48
PAGE 6
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER 1
PURPOSES. 2
Mayor Levy opened the Public Hearing. 3
Petitioner: None. 4
Staff Presentation: Police Chief Stephen Stepp. 5
Public Comment: None. 6
Mayor Levy closed the Public Hearing. 7
Council Member Jablin made a motion to approve Ordinance 5, 2012 on 2nd reading. 8
Council Member Tinsley seconded. 9
Motion passed 5-0. 10
The City Clerk read Resolution 11, 2012 by title. 11
h. *RESOLUTION 11, 2012 - DOWNTOWN AT THE GARDENS MASTER SIGNAGE 12
PLAN AMENDMENT. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 13
PALM BEACH GARDENS, FLORIDA APPROVING A PLANNED COMMUNITY 14
DEVELOPMENT (PCD) AMENDMENT TO REVISE THE APPROVED MASTER SIGN 15
PLAN AND TO ADD NEW AND MODIFY EXISTING DIRECTIONAL, WAY-FINDING, 16
AND IDENTITY SIGNAGE; DOWNTOWN AT THE GARDENS IS LOCATED NORTH OF 17
KYOTO GARDENS DRIVE, EAST OF ALTERNATE A1A, SOUTH OF GARDENS 18
PARKWAY, AND WEST OF THE LANDMARK AND GARDENS POINTE 19
DEVELOPMENTS, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 20
WAIVERS; PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE 21
DATE; AND FOR OTHER PURPOSES. 22
Mayor Levy opened the Public Hearing. 23
Petitioner: Don Hearing, Cotleur & Hearing. 24
Staff Presentation: Director of Planning & Zoning, Natalie Crowley. 25
Public Comment: Ed Chase, 3402 Gardens E. Dr., Palm Beach Gardens. 26
Mayor Levy closed the Public Hearing. 27
Council Member Jablin made a motion to approve Resolution 11, 2012. 28
Vice Mayor Premuroso seconded. 29
Motion passed 5-0. 30
Council Member Russo made a motion to reorder the agenda: Resolution 16, 2012; Resolution 31
18, 2012; Establish Reorganization Meeting Date; Resolution 14, 2012; Resolution 15, 2012. 32
Council Member Tinsley seconded. 33
Motion passed 5-0. 34
The City Clerk read Resolution 16, 2012 by title. 35
k. *RESOLUTION 16, 2012 – ST. MARK’S EPISCOPAL CHURCH AND SCHOOL ART IN 36
PUBLIC PLACES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM 37
BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC PLACES FOR ST. MARK’S 38
EPISCOPAL CHURCH AND SCHOOL PLANNED UNIT DEVELOPMENT (PUD), AS 39
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF 40
APPROVAL; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 41
Mayor Levy opened the Public Hearing. 42
Petitioner: Dodi Glas, Gentile Glas Holloway O’Mahoney. 43
Staff Presentation: None. 44
Public Comment: None. 45
Mayor Levy closed the Public Hearing. 46
Council Member Jablin made a motion to approve Resolution 16, 2012. 47
Council Member Tinsley seconded. 48
Motion passed 5-0. 49
PAGE 7
X. RESOLUTIONS 1
The City Clerk read Resolution 18, 2012 by title. 2
a. RESOLUTION 18, 2012 - PURCHASE AWARDS FOR EIGHTEEN (18) 3
REPLACEMENT VEHICLES. A RESOLUTION OF THE CITY COUNCIL OF THE CITY 4
OF PALM BEACH GARDENS, FLORIDA AWARDING CONTRACTS FOR THE 5
PURCHASE OF EIGHTEEN (18) VEHICLES TO MAROONE DODGE OF PEMBROKE 6
PINES, BARTOW CHEVROLET, DON REID FORD, INC., AND PALMETTO FORD 7
TRUCK SALES, INC. VIA AN EXISTING CONTRACT WITH THE FLORIDA SHERIFFS 8
ASSOCIATION, FLORIDA ASSOCIATION OF COUNTIES, AND FLORIDA FIRE CHIEFS’ 9
ASSOCIATION CONTRACT NO. 11-19-0907; PROVIDING AN EFFECTIVE DATE; AND 10
FOR OTHER PURPOSES. 11
Petitioner: None. 12
Staff Presentation: Operations Director, Mike Morrow. 13
Public Comment: None. 14
Council Member Jablin made a motion to approve Resolution 18, 2012. 15
Vice Mayor Premuroso seconded. 16
Motion passed 5-0. 17
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION 18
a. ESTABLISH REORGANIZATION MEETING DATE. 19
April 5, 2012 was selected by a vote of 5-0. 20
IX. PUBLIC HEARINGS (CONTINUED) 21
The City Clerk read Resolution 14, 2012 by title. 22
i. *RESOLUTION 14, 2012 - 51 SUPPER CLUB MAJOR SITE PLAN AMENDMENT. A 23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 24
FLORIDA APPROVING AN AMENDMENT TO THE DOWNTOWN AT THE GARDENS 25
SITE PLAN TO ALLOW AN OUTDOOR BAR AT 51 SUPPER CLUB, AS MORE 26
PARTICULARLY DESCRIBED HEREIN; PROVIDING CONDITIONS OF APPROVAL; 27
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 28
Mayor Levy opened the Public Hearing. 29
Petitioner: Alessandria Kalfin, Cotleur & Hearing. 30
Staff Presentation: None. 31
Public Comment: None. 32
Mayor Levy closed the Public Hearing. 33
Council Member Jablin made a motion to approve Resolution 14, 2012. 34
Council Member Tinsley seconded. 35
Motion passed 5-0. 36
The City Clerk read Resolution 15, 2012 by title. 37
a. *RESOLUTION 15, 2012 – LA FITNESS PLAZA MAJOR SITE PLAN AMENDMENT. A 38
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, 39
FLORIDA APPROVING AN AMENDMENT TO THE LA FITNESS PLAZA PLANNED 40
UNIT DEVELOPMENT (PUD) SITE PLAN TO ALLOW A 968-SQUARE-FOOT CAR 41
WASH, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING WAIVERS; 42
PROVIDING CONDITIONS OF APPROVAL; PROVIDING AN EFFECTIVE DATE; AND 43
FOR OTHER PURPOSES. 44
Mayor Levy opened the Public Hearing. 45
Petitioner: Dodi Glas, Gentile Glas Holloway O’Mahoney. 46
Staff Presentation: None. 47
Public Comment: None. 48
Mayor Levy closed the Public Hearing. 49
PAGE 8
Council Member Jablin made a motion to approve Resolution 15, 2012. 1
Vice Mayor Premuroso seconded. 2
Motion passed 5-0. 3
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION (CONTINUED) 4
b. Mayor Levy discussed the video of Fayetteville, Arkansas, featured on the Today in 5
America Program with Terry Bradshaw and inquired if Council wants to pursue this. The 6
consensus was only if we can partner with the business community and there is no cost to the tax 7
payers. 8
c. Council Member Russo inquired about the dates of the summer schedule. 9
XII. CITY ATTORNEY REPORT 10
None. 11
12
(The remainder of this page intentionally left blank) 13
14
15
PAGE 9
XIII. ADJOURNMENT 1
Council Member made a motion to adjourn. 2
Council Member seconded. 3
Motion passed 5-0. 4
The meeting adjourned at 11:22 p.m. 5
The next regularly scheduled City Council meeting will be held March 1, 2012. 6
APPROVED: 7
8
9
10
David Levy, Mayor 11
12
13
14
Robert G. Premuroso, Vice Mayor 15
16
17
18
Joseph R. Russo, Council Member 19
20
21
22
Eric Jablin, Council Member 23
24
25
26
Marcie Tinsley, Council Member 27
28
29
30
31
32
33
34
ATTEST: 35
36
37
38
39 Patricia Snider, CMC 40
City Clerk 41
42
43
44
Note: These minutes are prepared in compliance with 286.011 F.S. and are not verbatim transcripts of the 45
meeting. A verbatim audio record is available from the Office of the City Clerk. All referenced 46
attachments are on file in the Office of the City Clerk. 47
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 1, 2012
Resolution 26, 2012
SubjecVAgenda Item: Purchase Award to Wisch & Jackson Co. of Florida, Inc. for an
Automated Logic Corporation (ALC) Building Automation Upgrade at City Hall.
[XI Recommendation to APPROVE
1 Recommenc
Reviewed by:
n
Financ Ad nis ator a Allan Owens
Submitted by:
Department Director
J.E. Dou
Deputy Czr
Approved by:
:ion to DENY
Director of Parks &
Public Facilities
Advertised: NIA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[X ] Not required
Costs: $66,400.00
(Total)
$66,400.00
Current FY
Funding Source:
Effective Date:
N/A
Expiration Date:
NIA
Budget Acct.#:
001.3000.539.6900
Project No. CSAOl39
Council Action:
[ ]Approved
[ ] Approved w/
Conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Sole Source Form
and Letter
0 Resolution 26, 2012 - Exhibit “A:
Proposal
Meeting Date: March 1,201 2
Resolution 26, 2012
Page 2 of 2
BACKGROUND: The City’s Municipal Complex was completed and placed into service in
2000. As part of the project, an automated energy management system, Continuum, was
installed to control the heating, ventilation, and air conditioning (HVAC) functions of City
Hall, Fire Station No. 1, and the Police Station. Although the software portion of the
system is currently operating, upgrades and technical support are non-existent. The
mechanical portion of the system has deteriorated over the years and does not operate at
full capacity. In short, the system is antiquated in comparison to new technology utilized
today.
In 201 0, the City conducted an energy study at its larger facilities, which was funded by a
U.S Department of Energy grant. The study produced several recommendations to
decrease energy consumption, thereby also saving money. One of the recommendations
for the Municipal Complex was to improve the HVAC system through better controlled
software and mechanical components. Although the amount of energy reduction cannot
be accurately projected at this time, cost savings should be realized from upgrading the
system.
With the construction of the Emergency Operations and Communications Center (EOCC)
in 201 1, an automated energy management system, Automated Logic, was installed by
Wisch & Jackson Co. of Florida, Inc., which minimizes energy consumption while
maximizing comfort. City staff considers Automated Logic software dependable, efficient,
and user friendly, and therefore recommends the purchase of the same system for use at
City Hall. This purchase will allow a single software program to monitor and control the
HVAC at City Hall and the EOCC, as well as the emergency generators that service all four
(4) buildings. Wisch & Jackson Co. of Florida, Inc. is the exclusive authorized dealer for
Automated Logic Corporation for this area and therefore is the sole provider of a system
that is compatible with existing equipment.
Beginning FY 201 1/2012, the City’s Five- (5) Year Capital Plan includes $75,000 each year
for “Equipment Upgrades for Energy Efficiency”. The first phase of this project focuses on
City Hall. Should funding be provided for subsequent years, City staff anticipates
conducting the same automated energy management upgrades at the Police Station and
Fire Station No. 1 as well. Implementation of the first phase of this project will not affect
operation of the older energy management system.
.
STAFF RECOMMENDATION: Staff recommends approval of Resolution 26, 201 2 as
presented .
CITY OF PALM BEACH GARDENS
SOLE SOURCE PURCHASE REQUEST FORM
A Sole Source Purchase is exempt from quotation and bid requirements. For any commodity and/or
service to be considered a “Sole Source” item, it must be the only product which will produce the
desired result, and it must be available from only one source of supply.
To: Finance Department
Employee Name: Community Services
Describe item and f
sed upon an objective review of the product /
brand or manufa
Please print this form, srgn it and attach it to your electronic requisition
CORPORATION
Ms. Charlotte Presensky
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Dear Ms. Presensky,
Wisch and Jackson Co. of Florida, Inc., located in Jupiter FL, is the exclusive authorized dealer
for Automated Logic Corporation (ALC) in Palm Beach, Martin, Okeechobee and St. Lucie
Counties. Wisch and Jackson has been a factory trained and authorized dealer for over 20
years.
As the exclusive dealer for ALC serving Palm Beach County, Wisch and Jackson is your sole
source for all ALC products and services. Wisch and Jackson is a well established dealer with a
well trained and highly competent staff that will provide you with excellent service and support
for all of you building automation system needs.
If you have any questions or require any additional information please do not hesitate to
contact me.
Sincerely,
Bill Denney U
Region Manager
bdenney@automatedlogic.com
770-795-4853
--I-I. ."._ .I~__ --I_
I150 ROB1 K1S BOLJLEVARD K~NNESAW. GEORGIA 30144-3618 770/129-3000 FAX 770/429-300! wwwautomatedlogic.com
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RESOLUTION 26,2012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A PURCHASE AWARD
TO WISCH & JACKSON CO. OF FLORIDA, INC. FOR AN
AUTOMATED LOGIC CORPORATION (ALC) BUILDING
AUTOMATION UPGRADE IN AN AMOUNT NOT TO EXCEED
$66,400.00 IN ORDER TO REPLACE EXISTING AGING
EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
WHEREAS, the City desires to purchase an Automated Logic Corporation (ALC)
Building Automation Upgrade to replace existing aging equipment; and
WHEREAS, a list of the specific equipment and services to be purchased is set
forth in Exhibit “A, which is attached hereto and incorporated herein; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
approves a purchase award to Wisch & Jackson Co. of Florida, Inc. for an Automated
Logic Corporation (ALC) Building Automation Upgrade as set forth in Exhibit “A in an
amount not to exceed $66,400.00.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page intentionally left blank)
Page 1 of 2
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Resolution 26, 2012
PASSED AND ADOPTED this day of , 2012.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
R. Max Lohman, City Attorney
- VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER TINSLEY
-- AYE NAY ABSENT
46 47
Page 2 of 2
Resolution 26, 201 1
EXHIBIT “A”
CO. OF FLORIDA, INC.
861 J,upiter Park Drive, Suite A
Jupiter, FL 33458
(561) 747-0484
(561) 747-0687 Fax
December 14,2011
Ms. Charlotte Presensky
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
RE: Automated Logic Corporation (ALC) Building Automation System Upgrade
City Hall (with Chiller Plant and Emergency Generator)
Dear Charlotte,
Thank you for the opportunity to provide you with our proposal to upgrade the BAS/controls
serving City Hall (with Chiller Plant and Emergency Generator).
Our proposal provides the following:
We shall replace the existing Andover control components with ALC control modules
0 We shall replace the existing Andover temperature sensors and wall sensor/thermostats
with ALC temperature sensors and wall sensor/thermostats.
We shall re-use all of the other end devices. These include:
o Control Valves
o Relative Humidity Sensors
o C02Sensors
o Differential Pressure Switches and Sensors
o Current Sensors
o Control relays
o Damper Actuators
0 In addition to the existing start/stop and status points for the two chillers, we shall also
furnish and install a new BACnet network interface to the chillers. This interface, like the
one for the EOCC chillers, will provide additional operational information on the operation
and status of the chillers.
We shall furnish and install a new control module to interface with the existing Emergency
Generator. This generator currently does not have the ability to communicate with via a
network interface but it does have 12 individual relay outputs that we can connect to in
order to monitor the status of the generator. If monitored by the BAS we can provide
alarms via email or pop-ups at computer workstations similar to what we are doing at
EOCC.
We shall re-use all of the existing control wiring.
0
Wisch and Jackson Co. of Florida, Inc. 861 Jupiter Park Drive, Suite A Jupiter, FL, 33458
We shall provide all programming of the new ALC controls. Prior to implementing the
programming we shall work with you to revise, if necessary, the current operating
sequence in order to reflect current requirements as well as implement energy saving
routines.
We shall create new graphics (similar to those for EOCC) to provide overall floor plans,
thermographic floor plans and equipment graphics with real time data.
We shall provide documentation including as-built control wiring schematics, sequence of
operation and product data literature.
We shall provide a one-year warranty (parts and labor) on all new components, software
and programming that we provide.
Please note that the above scope may require some new conduit and wiring. When reviewing
these systems your electrician, Tim Graves, has said that he would be able to provide this
conduit and wiring if needed.
Pricing for the above described work is $66,400.00 (including tax).
Also, please note that for the purposes of this proposal we are assuming that all of the
controlled devices that we would be re-connecting to (valves, humidity sensors, C02 sensors,
pressure sensors, etc) are all in good working order, except as described above. After replacing
the controllers we will perform a systems start-up and check out. During this procedure we
would uncover any components that are not working. We would then provide you with a
report detailing the status of the equipment and a list of any items that need repair or
replacement along with the cost.
The above proposal is based on performing the work during normal working hours.
We look forward to working with you.
Sincerely,
Ross Buckalter
Wisch and Jackson Co. of Florida, Inc.
Wisch and Jackson Co. of Florida, Inc. 861 Jupiter Park Drive, Suite A Jupiter, FL, 33458
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 1,201 2
Ordinance 7,201 2
SubjectlAgenda Item: Authorizing the adoption of the Florida Municipal Pension Trust
Fund (FMPTF) Master Plan Document and Defined Benefit Plan Trust Adoption
Agreement for the General Employees of the City of Palm Beach Gardens.
[XI Recommendation to APPROVE I1 Recommendation to DENY
Reviewed by:
Finance AdBinistrator
Allan Owens
Submitted by:
De partmentpyector
Allan Owens
Approved by:
Originating Dept.:
Finance
Allan Owens
Finance Administrator
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[ ] Notified
[ ] Not required
/
costs: $
(Total)
$ 0
Current FY
Funding Source:
[ ]Operating
[ ]Other
ContractlAgreement:
Effective Date:
Expiration Date:
Budget Acct.#:
Council Action:
[ ]Approved
[ ] Approved w/
[ ] Denied
[ ] Continued to:
Attachments:
Conditions
Ordinance 7, 2012
Exhibit “A -FMPTF
Plan Document
Exhibit “B” -FMPTF
Adoption
Agreement
Meeting Date: March I, 201 2
Ordinance 7,201 2
Page 2 of 2
BACKGROUND: The General Employees’ Defined Benefit Pension Plan has been
closed to new participants since 1997, and currently consists of two (2) active
employees. Since early 201 0, the Plan has been administered by the Florida Municipal
Pension Trust Fund (FMPTF). Since that time, the Plan has been administered under
the provisions of the existing Plan Document, which is contained in Article XI1 of the City
of Palm Beach Gardens Code of Ordinances.
As new Federal or State Law changes are made that affect pension plans, amendments
to this section of the Code are necessary. Recent changes to laws governing pensions
have been enacted which would require the City to adopt an ordinance to amend the
Pension Plan.
In order to simplify the administration of the Plan, staff is recommending that the FMPTF
Defined Benefit Master Plan be adopted. The FMPTF continually updates the Master
Plan to reflect legislative changes which impact defined benefit pension plans, and was
last updated in June 2011. By adopting the FMPTF Plan Document, the City will no
longer be required to amend the existing Plan to reflect changes in pension laws.
In addition to the Master Plan Document which establishes the legal framework for the
operation of the Plan, the City must adopt the FMPTF Defined Benefit Plan and Trust
Adoption Agreement. This document contains the specific benefit provisions that are
unique to each member of the FMPTF. The proposed Adoption Agreement mirrors the
City’s current Plan; accordingly, there are no benefit changes contemplated in the
proposed Agreement.
STAFF RECOMMENDATION: Staff recommends approval of Ordinance 7, 201 2 as
presented on first reading.
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ORDINANCE 7,2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA PROVIDING FOR THE
RESTATEMENT OF A RETIREMENT PLAN AND TRUST FOR THE
GENERAL EMPLOYEES OF THE CITY OF PALM BEACH
GARDENS, FLORIDA; AUTHORIZING THE ADOPTION OF THE
FLORIDA MUNICIPAL PENSION TRUST FUND MASTER PLAN
DOCUMENT, PROVIDING FOR PUBLICATION; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
FOR OTHER PURPOSES.
WHEREAS, the City Council of the City of Palm Beach Gardens finds the long-
term tenure of its General Employees to be in the best interests of the City and its
employees; and
WHEREAS, the City Council established a Retirement Plan and Trust for the City
of Palm Beach Gardens General Employees; and
WHEREAS, the City Council of the City of Palm Beach Gardens under the
provisions of the laws of the State of Florida, is authorized to amend and restate such a
Retirement Plan and Trust for its General Employees; and
WHEREAS, it is the intent of the City Council of the City of Palm Beach Gardens
to restate such a Retirement Plan and Trust; and
WHEREAS, it is the further intent of the City Council of the City of Palm Beach
Gardens to utilize the Master Plan Document of the Florida Municipal Pension Trust
Fund: and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Page 1 of 3
Ordinance 7, 201 2
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SECTION 2. A Retirement Plan and Trust for the City of Palm Beach Gardens
General Employees is hereby restated. The instrument which represents the terms of
said Plan and Trust will be and remain Exhibit “A, to this Ordinance, remanded to the
custody of the City Clerk who will maintain same for public inspection.
SECTION 3. The City Council of the City of Palm Beach Gardens shall have the
power to amend said Plan and Trust at such time or times as may be in the best
interests of the City and its general employees.
SECTION 4. The City Council of the City of Palm Beach Gardens has expressly
authorized the participation of said Plan and Trust in the Florida Municipal Pension
Trust Fund and hereby authorizes the utilization of the Florida Municipal Pension Trust
Fund Master Plan Document and Adoption Agreement.
SECTION 5. The City Council of the City of Palm Beach Gardens hereby
empowers the Mayor of the City with the authority to execute such documents and
agreements as are required.
SECTION 6. All ordinances or parts of ordinances in conflict be and the same are
hereby repealed.
SECTION 7. Should any section or provision of this Ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
SECTION 8. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page intentionally left blank)
Page 2 of 3
Ordinance 7, 2012
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46 47
PASS ED t h is day of
PASSED AND ADOPTED this day of , 2012, upon
, 2012, upon first reading.
second and final reading.
CITY OF PALM BEACH GARDENS - FOR
BY:
David Levy, Mayor
-
Robert G. Premuroso, Vice Mayor
-
Joseph R. Russo, Councilmember
Eric Jablin, Councilmember
Marcie Tinsley, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AGAINST ABSENT
BY:
R. Max Lohman, City Attorney
G:\attorney-share\ORDlNANCES\2012\0rdinance 7 201 2 - FMPTF Master Plan.docx
Page 3 of 3
Ordinance 7. 2012
EXHIBIT “A”
nsion Trust Fund
FLORIDA MUNICIPAL PENSION
TRUST FUND
DEFINED BENEFIT PLAN DOCUMENT
RESTATED SEPTEMBER 23,2010 AND
AMENDED AS OF JUNE 2,2011
Sponsored and Administered by:
FLORIDA LEAGUE OF CITIES, INC.
301 S. Bronough Street, P.O. Box 1757
Tallahassee, FL 32302-1 757
Fax (850) 222-3806
(850) 222-9684
TABLE OF CONTENTS
ARTICLE 1
Section 1.01 -
Section 1.31
ARTICLE 2
Section 2.01
Section 2.02
Section 2.03
ARTICLE 3
Section 3.01
ARTICLE 4
Section 4.01
ARTICLE 5
Section 5.01
Section 5.02
Section 5.03
Section 5.04
ARTICLE 6
Section 6.01
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Section 6.06
Section 6.07
Section 6.07
ARTICLE 7
Section 7.01
Section 7.02
Section 7.03
Section 7.04
Section 7.05
Section 7.06
DEFINITIONS
Definitions 5
PARTlC I PATlON
Conditions of Eligibility 14
Participation 14
Change in Designation of Beneficiary 15
BOARD OF TRUSTEES
Board of Trustees 16
FINANCES AND FUND MANAGEMENT
Establishment and Operation of Fund 19
CONTRIBUTIONS
Participant Contributions 24
State Contribution 24
Employer Contributions 24
Other 25
BENEFIT AMOUNTS AND ELIGIBILITY
Normal Retirement Date 26
Normal Retirement Benefit 26
Normal Form of Benefit 27
Cost of Living Adjustments to Benefit Payments 27
Early Retirement Date 27
Early Retirement Benefit 28
Deferred Retirement Option Program or “DROP” 28
Required Distribution Date 28
PRE-RETIREMENT DEATH
Death Prior to Vesting In-Line-Of-Duty 29
Death After Vesting In-Line-Of- Duty 29
Death Prior to Vesting Off-Duty 29
Death After Vesting Off-Duty 29
Beneficiaries in Receipt of Payment 29
Distribution of Benefits 30
2
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 8
Section 8.01
Section 8.02
Section 8.03
Section 8.04
Section 8.05
Section 8.06
ARTICLE 9
ARTICLE IO
ARTICLE 11
ARTICLE 12
ARTICLE I3
ARTICLE 14
ARTICLE 15
ARTICLE 16
Section 16.01
Section 16.02
46
DISABILITY
Disability Benefits In the Line of Duty 31
Disability Benefits Off-Duty 32
Conditions Disqualifying Disability Benefits 32
33
34
VESTING 36
OPTIONAL FORMS OF BENEFITS 38
BENEFICIARIES 41
CLAIMS PROCEDURES 42
REPORTS TO DIVISION OF RETIREMENT 43
ROSTER OF RETIREES 44
BOARD ATTORNEY AND PROFESSIONALS 45
P h ysica I Exam in at ion Req u i remen t
Disability Payments 34
Disability Payments and Workers Compensation
MAXIMUM PENSION
Basic Limitations 46
Adjustment to Basic Limitation of Form of Benefit
Section 16.03
Section 16.04
Section 16.05
Section 16.06
Section 16.07
Section 16.08
Section 16.09
ARTICLE 17
ARTICLE 18
Section 18.01
Section 18.02
Section 18.03
Section 18.04
Section 18.05
Section 18.06
Section 18.07
Section 18.08
60
Less Than Ten (1 0) Years of Service 48
Participation in Other Defined Benefit Plans 48
Ten Thousand Dollar ($1 0,000) Limit 48
Reduction of Benefits 49
Service Credit Purchase Limits 49
Additional Limitation on Pension Benefits 52
Benefit Restoration Plan & Trust 52
DISTRIBUTION OF BENEFITS 57
MISCELLANEOUS PROVISIONS
Interest of Participants in Pension Plan
Summary Plan Descriptions
60
Gender and Number 60
Headings and References 60
Benefit Improvements 61
Procedures for Unclaimed Benefit 61
Qualified Military Service 61
Domestic Relations Order Submission 61
3
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
Section 18.09
Section 18.10
Section 18.1 1
ARTICLE 19
ARTICLE 20
ARTICLE 21
ARTICLE 22
ARTICLE 23
EXHIBIT A
EXHIBIT B
Prohibited Transaction 62
Qualification of Plan 62
Plan Amendments 62
REPEAL OR TERMINATION OF PLAN 63
EXEMPTION FROM EXECUTION, NON ASSIGNABILITY 68
FORFEITURE OF PENSION:
CONVICTION AND FORFEITURE
PENSION VALIDITY 72
SIGNATORIES 73
MASTER TRUST AGREEMENT 74
ACTUARIAL EQUIVALENT 75
4
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 1
DEFINITIONS
As used herein, unless otherwise defined or required by the context, the following words
and phrases shall have the meaning indicated:
1.01 “Accumulated Contributions”:
shall mean a Participant’s own contributions without interest. For those Participant’s
who purchase Credited Service with interest or at no cost to the Plan, only that portion
of any payment representing the amount attributable to the Participant’s contributions
based on the applicable Participant contribution rate shall be included in Accumulated
Contributions.
I .02 “Accrued Benefit”:
shall mean a fraction of the benefit to which a Participant would be entitled at their
Normal Retirement Date. The numerator of the fraction is the years of participation
completed to date and the denominator is the years of participation in the Plan that
would have been earned if the Participant continued employment until their Normal
Retirement Date.
1.03 “Actuary”:
shall mean an actuary that is a member of the Society of Actuaries or the American
Academy of Actuaries and who is enrolled under subtitle C of Title Ill of the Employee
Retirement Income Security Act of 1974.
1.04 “Actuarial Equivalent”:
Actuarial Equivalent is defined in the attachment marked Exhibit B.
1.05 “Adoption Agreement”:
shall mean the document outlining the specific benefits of the Plan, as executed by the
Employer and attached to and made part of the Plan.
5
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
1.06 “Averaqe Final Compensation”:
shall mean one-twelfth (1112) of the average annual compensation of the five (5) best
years of the last ten (IO) years of Credited Service prior to retirement, termination or
death, or the career average, whichever is greater, unless otherwise specified in the
Adoption Agreement. A year shall be defined as the twelve (12) consecutive months
immediately prior to death, disability or retirement. In the case of a Volunteer
Firefighter, Average Final Compensation shall mean the average salary of the five (5)
best years of the ten (IO) best contributing years prior to change in status to a
permanent full-time Firefighter or retirement as a Volunteer Firefighter or the career
average of a Volunteer Firefighter, whichever is greater.
1.07 “Beneficiary”:
shall mean the person or persons entitled to receive benefits hereunder at the
death of a Participant who has or have been designated in writing by the Participant
and filed with the Board. If no such designation is in effect, or if no person so
designated is living, at the time of death of the Participant, the beneficiary shall be
the estate of the Participant.
1.08 “Board”:
shall mean the Board of Trustees, which shall administer and manage the Plan herein
provided and serve as Trustees of the Fund.
I .09 “Code”:
shall mean the Internal Revenue Code of 1986, as amended from time to time.
1 .I 0 “Credited Service”:
shall mean the total number of years and fractional parts of years as a Participant
during which the Participant made required contributions to the Plan, omitting
intervening years or fractional parts of years when such Participant is not employed by
the Employer. Credited Service may be given for years of employment as a Police
6
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
Officer, Firefighter or Public Safety Officer, prior to plan inception at the discretion of
the Employer and as stated in the Adoption Agreement.
A Participant may voluntarily leave his Participant contributions in the Fund for a period
of five (5) years after leaving the employ of the Employer pending the possibility of
being rehired in a position eligible for participation in this Plan, without losing credit for
the time that he was a Participant in the Plan. If a vested Participant does not become
reemployed within five (5) years, then the Accumulated Contributions will be returned
to the Participant without interest, unless otherwise specified in the Adoption
Agreement, upon receipt of written request of the Participant. If a Participant who is
not vested is not reemployed with the Employer within five (5) years, his Accumulated
Contributions shall be returned without interest. Upon return of a Participant’s
Accumulated Contribution, all rights and benefits under the Plan are forfeited and
terminated. Upon any reemployment in a position eligible for participation in this Plan,
a Participant shall not receive credit for the years and fractional parts of years for which
he has withdrawn his Accumulated Contributions from the Plan unless the Participant
repays into the Fund the contributions he has withdrawn, with interest, as determined
by the Board, within ninety (90) days after reemployment.
A Participant shall receive Credited Service for all purposes, including vesting, for the
years or fractional parts of years that he performs “Qualified Military Service” including
voluntary or involuntary service in the armed forces of the United States as defined in
the Uniformed Services Employment and Reemployment Rights Act (USERRA) (P.L.
103-353), after separation from employment with the Employer, to perform training or
service, provided that:
(A) The Participant must return to his employment with the Employer within
one (1) year following the date of military discharge or his release from active
service.
(B)
USERRA,
The Participant is entitled to reemployment under the provisions of
7
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(C)
be five (5) years.
(D) This section is intended to satisfy the minimum requirements of USERRA,
as may be amended from time to time. To the extent that this section does not
meet the minimum requirements of USERRA, the provisions of USERRA shall
govern.
The maximum credit for military service pursuant to this paragraph shall
If a participant dies on or after January 1, 2007 while performing Qualified Military
Service as defined by USERRA, the participant‘s beneficiaries shall be entitled to any
benefits the participant would have been entitled to had he or she resumed employment
and then died while employed.
1.11 “Deferred Retirement Option Plan” or “DROP”:
shall mean a local law plan retirement option in which a Participant may elect to
participate. A Participant may retire for all purposes of the plan and defer receipt of
retirement benefits into a DROP account while continuing employment with his
employer. However, a Participant who enters the DROP and who is otherwise eligible
to participate shall not thereby be precluded from participating or continuing to
participate in a supplemental plan in existence on, or created after, the date of adoption
of a DROP by the Employer pursuant to Section MI “DROP,” of the Adoption
Agreement.
1 .I 2 “Earlv Retirement Date”:
shall mean the date which is specified in the Adoption Agreement - Section G3, Early
Retirement Date.
1 .I3 “Effective Date”:
shall mean the date of this Plan as specified in the Adoption Agreement - Section AI.
8
DB PIAN RESTATED SEPTEMBER 23,201 0 AND AMENDED AS OF JUNE 2,201 1
I .I4 “Employee”:
shall mean the classes of employees designated as eligible to participate in this Plan
as specified in the Adoption Agreement - Section B., except as otherwise provided in
the Adoption Agreement.
1.15 “Emplover”:
shall mean the municipality, governmental entity, public agency or political subdivision
established within the State of Florida that adopts this Plan.
1. 16 “Firefinhter”:
shall mean any person employed solely by a constituted fire department or public
safety department of any municipality or special fire control district who is certified as a
Firefighter as a condition of employment in accordance with the provisions of Section
633.35, FI. Stat., and whose duty is to extinguish fires, to protect life, and to protect
property. The term includes all certified, supervisory, and command personnel
whose duties include, in whole or in part, the supervision, training, guidance, and
management responsibilities of full-time firefighters, part-time firefighters, or auxiliary
firefighters but does not include part-time firefighters or auxiliary firefighters.
1.17 “Fund”:
shall mean the Trust Fund established herein as part of the Plan.
I .I 8 “Limitation Year”:
shall mean the Calendar Year.
1.19 “Normal Retirement Date”:
shall mean the date as specified in the Adoption Agreement - Section GI Normal
Retirement Date.
9
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
1.20 “Participant or Member”
shall mean the actively employed Employees who are eligible to participate in this Plan
as specified in the Adoption Agreement - Section B, Plan and Section C, Eligibility.
Benefit improvements which, in the past, have been provided for by amendments to
the Plan adopted by the Employer by ordinance or resolution, and any benefit
improvements which might be made in the future shall apply prospectively and shall
not apply to Participants who terminate employment or who retire prior to the effective
date of any ordinance or resolution adopting such benefit improvements, unless such
ordinance or resolution specifically provides to the contrary.
1.21 “Plan”:
shall mean the pension Plan as herein set forth and as may be amended from time to
time.
1.22 “Plan Year”:
shall mean the Plan’s accounting year of twelve (12) consecutive months commencing
on October 1 of each year and ending the following September 30, or the Plan Year as
specified in the Adoption Agreement.
I .23 “Police Officer”:
shall mean any person who is elected, appointed, or employed full time by any
municipality, who is certified or required to be certified as law enforcement officer in
compliance with s. 943.1395, FI. Stat., who is vested with authority to bear arms and
make arrests, and whose primary responsibility is the prevention and detection of crime
or the enforcement of the penal, criminal, traffic, or highway laws of the State. This
definition includes all certified supervisory and command personnel whose duties
include, in whole or in part, the supervision, training, guidance, and management
responsibilities of full-time law enforcement officers, part-time law enforcement officers,
or auxiliary law enforcement officers, but does not include part-time law enforcement
officers or auxiliary law enforcement officers as the same are defined in s. 943.10(6)
10
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
and (8), FI. Stat., respectively. A Police Officer classification shall also include a public
safety officer who is responsible for performing both police and fire services.
1.24 “Public Safety Officer”:
shall mean an actively employed person who is responsible for performing both
firefighter and police officer services. A Public Safety Officer shall be considered a
“police officer” for the purposes of this Plan.
1.25 ‘cSalary/Compensation”:
Notwithstanding any provision of this Plan or Adoption Agreement,
“Salary/Compensation” for all Participants participating under the Plan shall be limited
as follows:
For noncollectively bargained service earned on or after July 1, 201 1, or for service
earned under collective bargaining agreements entered into on or after July 1 , 201 1 ,
when calculating a Participant’s retirement benefits, the Plan may include up to 300
hours per year of overtime compensation as noted in the Adoption Agreement, but may
not include any payments for accrued unused sick leave or annual leave. For those
Participants whose terms and conditions of employment are collectively bargained, this
provision is effective for the first agreement entered into on or after July 1, 201 1.
For Firefighters, “compensation” or “salary” means, for noncollectively bargained
service earned before July 1, 201 1, or for service earned under collective bargaining
agreements in place before July 1, 2011, the fixed monthly remuneration paid a
Firefighter; where, as in the case of a Volunteer Firefighter, remuneration is based on
actual services rendered, the term means the total cash remuneration received yearly
for such services, prorated on a monthly basis. For noncollectively bargained service
earned on or after July 1, 2011, or for service earned under collective bargaining
agreements entered into on or after July 1, 2011, the term has the same meaning
except that when calculating retirement benefits, up to 300 hours per year in overtime
11
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
compensation may be included as noted in the Adoption Agreement, but payments for
accrued unused sick or annual leave may not be included.
For Police Officers, “compensation” or “salary” means, for noncollectively bargained
service earned before July 1, 2011, or for service earned under collective bargaining
agreements in place before July 1, 201 1, the total cash remuneration paid to a Police
Officer for services rendered, including overtime payments which may be limited to not
less than 300 hours per calendar year, but not including any payments for extra duty or
a special detail work performed on behalf of a second party employer. For
noncollectively bargained service earned on or after July 1, 201 1, or for service earned
under collective bargaining agreements entered into on or after July 1, 2011, the term
has the same meaning except that when calculating retirement benefits, up to 300
hours per year in overtime compensation may be included as noted in the Adoption
Agreement, but payments for accrued unused sick or annual leave may not be
included.
For a firefighter or police officer supplemental plan operating under either section
175.351 (4) or 185.35(4), Florida Statutes, the definition of compensation or salary may
be as provided under the referenced sections of law.
Compensation in excess of the limitations set forth in Section 401 (a)(l7) of the Code
as of the first day of the calendar year shall be disregarded for any purpose, including
employee contributions or any benefit calculations. The annual compensation of each
member taken into account in determining benefits or employee contributions for any
calendar year beginning on or after January 1, 2002, may not exceed $200,000, as
adjusted for cost-of-living increases in accordance with Section 401 (a)( 17)(B) of the
Code.
See Section D of the Adoption Agreement for further details.
12
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
1.26 “Spousey’:
shall mean the lawful wife or husband of a Participant at the time benefits become
payable.
1.27 “Total and Permanent Disabilitv”:
shall mean a physical or mental condition of a Participant resulting from bodily injury,
disease, or mental disorder which renders him incapable of employment as a
Firefighter, Police Officer or Public Safety Officer, and which condition constitutes total
disability as determined by the Board.
1.28 “Trust Fund or Trust”:
shall mean the Trust Fund established under this Plan to hold Plan assets and to which
contributions are to be paid and benefits held. Nothing herein shall preclude the
establishment of more than one trust fund as may be required by law or adopted by the
Employer.
1.29 “Trustee”:
shall mean the person or persons named as and making up the Board of Trustees or
Board, who shall administer and manage the Plan.
1.30 “Valuation Date”:
shall mean the first day of the Plan Year.
I .31 “Volunteer Firefinhter”:
shall mean any person whose name is carried on the active membership roll of a
constituted volunteer fire department or a combination of a paid and volunteer fire
department of any municipality or special fire control district and whose duty is to
extinguish fires, protect life, and to protect property. Compensation for services
rendered by a Volunteer Firefighter shall not disqualify him as a volunteer. A person
shall not be disqualified as a Volunteer Firefighter solely because he has other gainful
employment. Any person who volunteers assistance at a fire, but is not an active
13
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
member of the department described herein is not a Volunteer Firefighter within the
meaning of this paragraph.
14
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 2
PARTlC I PATlON
2.01 Conditions of Eligibility
A Participant shall become eligible to participate in this Plan as specified in Section C
of the Adoption Agreement.
As a condition of eligibility, the Employee participants shall be required to complete a
medical examination as prescribed by the Board, and provide complete and accurate
information concerning their health status as requested by the Board. Any material
misstatements or omissions of required health or medical information by an applicant
or Participant shall be grounds for denial of benefits. Based upon medical evidence of
any pre-existing adverse health condition, resulting from the prescribed examination or
other medical records or history, the Board may determine ineligibility for disability
benefits hereunder, as related to such pre-existing condition. A Participant may be
declared ineligible for disability benefits only at the time of the initial examination
provided in this section, or at a later date if the Board established that a condition
existed at the time of the Participant's employment or date of participation, and the
condition was known to the employee. A determination of pre-existing condition shall
be recorded on the Participant's record of membership, a copy of which shall be
provided to the Participant, and shall be reflected in the minutes of the Board meeting
at which such determination was made by the Board. The procedures followed and
the determination of the Board as to a pre-existing condition shall be considered on a
uniform, non-discriminatory basis.
2.02 Participation
Each Participant shall complete a form prescribed by the Board providing the following
information:
(A) enrollment in the Plan
(9) designation of a beneficiary or beneficiaries,
15
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(C) a certified statement as to prior medical history, and
waiver to release and access medical records.
a
2.03 Change in Designation of Beneficiarv
A Participant may from time to time change his designated beneficiary by written notice
to the Board upon forms provided by the Board. Upon such change, the rights of all
previously designated beneficiaries to receive any benefits under the Plan shall cease.
A change of beneficiary shall not require consent of the beneficiary. Notwithstanding
the provisions of this paragraph, a police officer retiree or firefighter retiree may
change his or her designation of beneficiary up to two times without the approval of
the Board or the current beneficiary. The retiree is not required to provide proof of
the good health of the beneficiary being removed, and the beneficiary being
removed need not be living.
16
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 3
BOARD OF TRUSTEES
3.01 Board of Trustees
(A) The sole and exclusive administration of and responsibility for the
proper operation of the Plan is hereby vested in a Board of Trustees. For
plans participating in Chapter 175 or 185, FI. Stat., these trustees shall be
selected according to Section 175.061 (l)(b), FI. Stat., and Section 185.05,
(l)(b), FI. Stat. For plans not participating in Chapter 175 or 185, FI. Stat.,
these trustees shall be selected according to municipal ordinance, or
resolution adopted by the governing body of the special fire control district.
Each Board of Trustees shall be a legal entity with, in addition to other
powers and responsibilities contained herein, the power to bring and defend
lawsuits of every kind, nature, and description. Accurate and detailed
accounts of all Board meetings must be kept. All accounts, books and
records relating thereto shall be open to inspection and audit in accordance
with general law. The Board shall issue such reports as are requested and
make available to the same for inspection any and all records and accounts
which are deemed appropriate in order to comply with governmental
regulations issued thereunder.
(B) The Board members shall, by a majority vote, elect a Chairman and a
Secretary. The Secretary of the Board shall keep a complete minute book of
the actions, proceeding, or hearings of the Board. The Board members shall
not receive any compensation as such, but may receive expenses and per
diem as provided by law.
(C) Each Board member shall serve as trustee for a period of 2 years,
unless he or she sooner leaves the employment of the Employer,
whereupon a successor shall be chosen in the same manner as an
original appointment. However, the terms of office of the appointed and
17
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
elected members may be amended by municipal ordinance, or resolution
adopted by the governing body of the special fire control district to extend
the terms from 2 years to 4 years. The length of the terms of office shall
be the same for all board members.
(D) Each Board member shall be entitled to one vote on the Board. A
majority of the Board shall be necessary for any decision of the Board. A
Board member shall have the right to abstain from voting as the result of a
conflict of interest provided that Board member states in writing the nature of
the conflict and complies with the provisions of Section 112.3143, FI. Stat.
(E) The Board of Trustees shall engage such actuarial, accounting, legal,
and other services as shall be required to transact the business of the Plan.
The compensation of all persons engaged by the Board and all other
expenses of the Board necessary for the operation of the Plan shall be paid
from the Fund at such rates and in such amounts as the Board of Trustees
shall approve.
(F)
include, but not necessarily be limited to, the following:
The duties and responsibilities of the Board of Trustees shall
(1) To construe the provisions of the Plan and determine all
questions arising thereunder.
(2) To determine all questions relating to eligibility and
participation.
To determine the amount of all benefits hereunder.
To establish uniform rules and procedures to be followed for
administrative purposes, benefit applications, and all matters
required to administer the Plan.
To distribute to Participants, at regular intervals, information
concerning the Plan.
(3)
(4)
(5)
18
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
To receive and process all applications for participation and
benefits.
To authorize all payments whatsoever from the Fund, and to
notify the disbursing agent, in writing, of approved benefit
payments and other expenditures arising through operation of
the Plan and Fund.
To have performed actuarial studies and at least triennial
valuations, as required by law, and make recommendations
regarding any and all changes in the provisions of the Plan.
To perform such other duties as required to administer the
Plan.
To arrange for and select physicians for medical exams and
review and advise on medical disability eligibility issues.
To invest and reinvest the assets of the Fund.
(G) At least once every three (3) years, the Board shall retain a
professionally qualified independent consultant who shall evaluate the
performance of any existing professional money manager and shall make
recommendations to the Board regarding the selection of money managers
for the next investment term. These recommendations shall be considered
by the Board at its next regularly scheduled meeting.
19
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 4
FINANCES AND FUND MANAGEMENT
4.01 Establishment and Operation of Fund
(A) As part of the Plan, there is hereby established the Fund, into which
shall be deposited all of the contributions and assets whatsoever attributable
to the Plan, including any assets of any prior municipal trust fund(s).
(B) The actual custody and supervision of the Fund (and assets thereof)
shall be vested in the Board. Payment of benefits and disbursements from
the Fund shall be made by the disbursing agent but only upon written
authorization from the Board or its designee.
(C) All funds of the Plan may be deposited by the Board with the
Employer, acting in a ministerial capacity only, who shall be liable in the
same manner and to the same extent as he is liable for the safekeeping of
funds for the Employer. However, any funds so deposited with the Employer
shall be kept in a separate fund by the Employer or clearly identified as such
funds of the Plan. In lieu thereof, the Board shall deposit the funds in a
qualified public depository as defined in Section 280.02, FI. Stat., which
depository with regard to such funds shall conform to and be bound by all of
the provisions of Chapter 280, FI. Stat. In order to fulfill its investment
responsibilities as set forth herein, the Board may retain the services of a
custodian bank, an investment adviser registered under the Investment
Advisors Act of 1940, or otherwise exempt from such required registration,
an insurance company, or a combination of these, for the purpose of
investment decisions and management. Such investment manager shall
have discretion, subject to any guidelines as prescribed by the Board, in the
investment of all Fund assets.
20
DB PIAN RESTATED SEPTEMBER 23,201 0 AND AMENDED AS OF JUNE 2,201 1
(D) All funds of the Plan may be commingled without limitation in
governmental investment trusts, no-load investment funds or no-load mutual
funds, and all such trusts or funds must comply with the Investment Policy
as attached as Exhibit A. Accurate records are to be maintained at all times
reflecting the financial composition of the Fund, including accurate current
accounts and entries as regards the following:
Current amounts of Accumulated Contributions of Participants
on both an individual and aggregate account basis, and
receipts and disbursements, and
benefit payments, and
current amounts clearly reflecting all monies, funds and assets
whatsoever attributable to contributions and deposits from the
Employer, and
all interest, dividends and gains (or losses), and
such other entries as may be properly required so as to reflect
a clear and complete financial report of the Fund.
(E) An independent audit shall be performed annually by a certified public
accountant for the most recent fiscal year of the Employer showing a listing
of assets and a statement of all income and disbursements during the year.
Such income and disbursements must be reconciled with the assets at the
beginning and end of the year. Such report shall reflect a complete
evaluation of assets on a cost and market basis, as well as other items
normally included in a certified audit.
(F)
and authority:
The Board of Trustees shall have the following investment powers
(1) The Board of Trustees shall be vested with full legal title to
said Fund, subject, however, and in any event to the authority and
21
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
power of the governing body of the Employer to amend or terminate
this Plan, provided that no amendment or termination shall ever result
in the use of any assets of the Fund except for the payment of regular
expenses and benefits under this Plan, and except as otherwise
provided in this Plan. All contributions deposited into the Fund, and
the income thereof, without distinction between principal and income,
shall be held and administered by the Board, or its agent, in the Fund,
and the Board shall not be required to segregate or invest separately
any portion of the Fund.
(2) All monies paid into or held in the Fund shall be invested and
reinvested by the Board. The Fund shall be invested in accordance
with an established investment policy adopted by the Board. The
adopted investment policy will be made part of this document and
shall be attached as Exhibit A.
(3) The Board may cause any investment in securities held by it to
be registered in or transferred into its name as Trustee or into the
name of such nominee as it may direct, or it may retain them
unregistered and in a form permitting transferability, but the books
and records shall at all times show that all investments are part of the
Trust Fund.
(4) The Board is empowered, but is not required, to vote upon any
stocks, bonds, or securities of any corporation, association, or trust
and to give general or specific proxies or powers of attorney with or
without power of substitution to participate in mergers,
reorganizations, recapitalization, consolidations and similar
transactions with respect to such securities; to deposit such stock or
other securities in any voting trust or any protective or like committee
with the Trustee or with depositories designated thereby; to amortize
or fail to amortize any part or all of the premium or discount resulting
from the acquisition or disposition of assets; and generally to exercise
any of the powers of an owner with respect to stocks, bonds, or other
22
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
investments comprising the Fund which it may deem to be in the best
interest of the Fund to exercise.
(5) Any overpayments or underpayments from the Fund to a
Participant or beneficiary caused by errors of computation shall be
adjusted with interest at a rate per annum as utilized in the prior
years’ actuarial valuation. Overpayments shall be charged against
payments next succeeding the correction. Underpayments shall be
made up from the Trust Fund.
(6) In any application to or proceeding or action in the courts, the
Board and Employer shall be a necessary party, and no Participant or
other person having an interest in the Fund shall be entitled to any
notice or service of process. Any judgment entered in such a
proceeding or action shall be conclusive upon all persons.
(7) Any powers and functions of the Board may be performed or
carried out by the Board through duly authorized agents, provided
that the Board at all times maintains continuous supervision over the
acts of any such agent; provided further, that legal title to the Fund
always remain with the Board.
(G) Notwithstanding any provision of this section to the contrary, for
plans participating in Chapter 175 or 185, FI. Stat., the Board shall identify
and publicly report any direct or indirect holdings it may have in any
scrutinized company, as defined in section 21 5.473, Florida Statutes, and
proceed to sell, redeem, divest, or withdraw all publicly traded securities it
may have in that company beginning January 1 , 201 0. The divestiture of
any such security must be completed as specified in Chapter 175 or 185,
FI. Stat. The Board and its named officers or investment advisors may not
be deemed to have breached their fiduciary duty in any action taken to
dispose of any such security, and the Board shall have satisfactorily
discharged the fiduciary duties of loyalty, prudence, and sole and
exclusive benefit to the participants of the pension fund and their
23
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
beneficiaries if the actions it takes are consistent with the duties imposed
by s. 215.473, and the manner of the disposition, if any, is reasonable as
to the means chosen. For the purposes of effecting compliance with that
section, the pension fund shall designate terror-free plans that allocate
their funds among securities not subject to divestiture. No person may
bring any civil, criminal, or administrative action against the Board of
trustees or any employee, officer, director, or advisor of such pension fund
based upon the divestiture of any security pursuant to this paragraph.
24
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 5
CONTRIBUTIONS
5.01 Participant Contributions
(A) Amount Participants in the Plan shall be required to make contributions
to the Fund in the amount specified in the Adoption Agreement - Section K,
Employee Contributions.
(B) Method Participant contributions shall be made by payroll deduction.
Participant contributions withheld by the Employer on behalf of the Participant shall
be deposited in the Fund immediately after each pay period.
(C) Pre-Tax Employee Contributions If pre-tax Employee Contributions
are applicable, this provision will be noted within the Adoption Agreement - Section
K as pre-tax contributions pursuant to Section 414(h) of the Code, otherwise the
Plan will assume after tax contributions. Such designation is contingent upon the
contribution being excluded from the Employees’ gross income for federal income
tax purposes. For all other purposes of the Plan, such contributions shall be
considered Employee contributions.
5.02 State Contributions
Any monies received or receivable by reason of laws of the State of Florida, for the
express purpose of funding the Plan shall be deposited in the Trust Fund comprising part
of this Plan immediately. Contributions must be deposited within five (5) days after receipt
by the Employer.
5.03 Employer Contributions
So long as this Plan is in effect, the Employer shall deposit quarterly contributions for each
Plan Year to the Trust Fund in an amount equal to the amount determined by the Actuary,
taking into account Participant contributions, state contributions for such year, and the total
cost for the Plan Year, as represented in the most recent actuarial valuation of the Plan.
The total cost for each Plan Year shall be defined as the total normal cost plus the
25
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
additional amount sufficient to amortize the unfunded past service liability as provided in
Part VI1 of Chapter 112, Florida Statutes.
5.04 Other
Private donations, gifts and contributions may be deposited to the Fund.
26
DB PLAN RESTATED SEPTEMBER 23.2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 6
BENEFIT AMOUNTS AND ELIGIBILITY
6.01 Normal Retirement Date
A Participant's Normal Retirement Date shall be as specified in the Adoption Agreement -
Section GI, Normal Retirement Date. A Participant may retire on his Normal Retirement
Date or on the first day of any month thereafter. Normal Retirement under the Plan is
retirement from employment with the Employer on or after the Normal Retirement Date
and completion of the required years of credited service.
6.02 Normal Retirement Benefit
(1) A Participant retiring hereunder on or after his Normal Retirement Date shall
receive a monthly benefit as specified in the Adoption Agreement - Section G2,
Normal Retirement Benefit, which shall commence on the first day of the month
coincident with or next following his termination of employment.
In the event that a Participant does not begin to receive his Benefit at his
Normal Retirement Date, such Participant shall be entitled to a deferred benefit
equal to the benefit he was entitled to receive at his Normal Retirement Date,
adjusted to take into account his Average Final Compensation and years of
Credited Service as of his actual retirement date.
(2) The monthly Normal Retirement Benefit of a Volunteer Firefighter who
changes status from a Volunteer Firefighter to a full-time Firefighter shall be as
provided below.
(A) The amount of monthly retirement income payable to a full-time
Firefighter who retires on or after his or her Normal Retirement Date shall be an
amount equal to the number of his or her years of Credited Service as a full-time
Firefighter multiplied by the Normal Retirement Benefit multiplier specified in
27
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
Section G2 of the Adoption Agreement multiplied by his or her Average Final
Compensation as a full-time Firefighter.
(B) The amount of monthly retirement income payable to a Volunteer
Firefighter who retires on or after his or her Normal Retirement Date shall be an
amount equal to the number of his or her years of Credited Service as a Volunteer
Firefighter multiplied by the Normal Retirement Benefit multiplier specified in
Section G2 of the Adoption Agreement multiplied by his or her Average Final
Compensation as a Volunteer Firefighter.
(C) The sum of the Firefighter’s monthly retirement income as
determined under (A) and (B) shall be the Firefighter’s Normal Retirement
Benefit.
6.03 Normal Form of Benefit
The normal form of benefit shall be a single monthly retirement benefit for life, ceasing
upon death, except as otherwise provided for plans operating under Chapter 175 or 185,
FI. Stat.
6.04 Cost of Livina Adjustments to Benefit Payments
A cost-of-living increase, if applicable, shall be as specified in the Adoption Agreement,
Section L - COLA Adjustments.
6.05 Early Retirement Date
A Participant may retire on the Early Retirement Date as specified in the Adoption
Agreement - Section G3, Early Retirement Date. Early retirement under the Plan is
termination from employment with the Employer on or after the Early Retirement Date and
prior to the Normal Retirement Date and the actual completion of the required years of
credited service.
28
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
6.06 Earlv Retirement Benefit
A Participant retiring hereunder on or after his Early Retirement Date may receive either a
deferred or an immediate monthly retirement benefit payable for life, or as otherwise
provided for plans operating under Chapter 175 or 185, FI. Stat. as follows:
(A) A deferred monthly retirement benefit which shall commence on what would
have been his Normal Retirement Date had he remained a Participant, determined
based upon his actual years of Credited Service. The amount of such deferred
monthly retirement benefit shall be determined in the same manner as for
retirement at his Normal Retirement Date, as determined based upon his actual
years of Credited Service, except that Credited Service and Average Final
Compensation shall be determined as of his Early Retirement Date; or
(B) An immediate monthly retirement benefit which shall commence on his Early
Retirement Date. The amount of the Early Retirement Benefit shall be determined
in the same manner as for Retirement at his Normal Retirement Date, except the
benefit shall be actuarially reduced to take into account the Participant‘s younger
age and the earlier commencement of retirement income payments as specified in
Section G4 of the Adoption Agreement for each year before the Normal Retirement
Date that benefit payment commenced.
6.07
A Deferred Retirement Option Program or “DROP”, if applicable, shall be as specified in
the Adoption Agreement, Section M - DEFERRED RETIREMENT OPTION PROGRAM,
“ D RO PI’.
Deferred Retirement Option Program or “DROP”
6.08 Required Distribution Date
Distribution of a participant’s benefit under this article must commence no later than April 1
of the calendar year following the later of the calendar year during which the participant
attains age seventy and one-half (70 %) or the calendar year in which the participant
terminates employment with the Employer.
29
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 7
PRE-RETIREMENT DEATH
7.01 Death Prior to Vesting - In-Line-Of-Duty Prior to retirement, if the
Participant dies in-line-of-duty, and he is not vested, his beneficiary shall receive benefits
as specified in the Adoption Agreement - Section 11, Death Prior to Vesting - In-Line-Of-
Duty.
7.02 Death After Vesting - In-Line-Of-Duty Prior to retirement, if a vested Participant
dies in-line-of-duty, having completed the required years of Credited Service, his
beneficiary shall receive benefits as specified in the Adoption Agreement - Section 12,
Death After Vesting - In-Line-Of-Duty.
7.03 Death Prior to Vesting - Off-Duty The beneficiary of a deceased Participant who
was not vested and who dies prior to retirement from causes other than in-line-of-duty
shall receive a refund of one hundred percent (100%) of the Participants’ Accumulated
Contributions as specified in the Adoption Agreement Section 13, Death Prior to Vesting-
Off Duty.
7.04 Death After Vesting - Off-Duty If a vested Participant dies prior to retirement
from causes other than-in-line-of-duty, having completed the required years of Credited
Service, his beneficiary shall receive the benefit otherwise payable to the Participant at the
Early or Normal Retirement Date as specified in the Adoption Agreement Section 14,
Death After Vesting - Off-Duty.
7.05 Beneficiaries Receipt of Pavment A Beneficiary may not elect an optional
form of benefit, however, the Board may elect to make a lump sum payment pursuant to
Article 1 O(G) to a beneficiary of the death benefits payable hereunder.
7.06 Distribution of Benefits Distributions to the beneficiary shall commence by a date
selected in accordance with this Article and the Adoption Agreement; however in no event
30
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
shall distribution commence later than December 31 of the calendar year in which the
participant would have attained age seventy and one-half (70 %).
31
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 8
DISABILITY
8.01 Disability Benefits In-Line-Of-Dutv
(A) Benefits Each Participant who shall become Totally and Permanently
Disabled while an active Participant of the Employer to the extent that he is unable,
by reason of a medically determinable physical or mental impairment, to render
useful and efficient service as a Firefighter, Police Officer or Public Safety Officer,
respectively, which disability was directly caused by the performance of his duty as
a Firefighter, Police Officer or Public Safety Officer, respectively, shall, upon
establishing the same to the satisfaction of the Board, be entitled to a monthly
pension which is as defined in the Adoption Agreement - Section HI, Disability
Benefits In-The-Line-of Duty.
(B) Pursuant to the provisions of section 112.18, FI. Stat., as
amended from time to time, any condition or impairment of the health of a
Firefighter, Police Officer or Public Safety Officer caused by tuberculosis,
hypertension or heart disease, or hardening of the arteries for a Police Officer or a
Public Safety Officer, shall be presumed to have been suffered in line-of-duty
unless the contrary is shown by competent evidence, provided that such Firefighter,
Police Officer or Public Safety Officer, shall have successfully passed a physical
examination upon entering into employment with the Employer, which may include
a cardiogram, which failed to reveal any evidence of such condition; and provided
further, that such presumption shall not apply to benefits payable or granted in a
policy of life insurance or disability insurance.
Presumption
(C) Additional Presumption Section 112.181, Fla. Stat., as amended from
time to time, is hereby adopted and incorporated by reference and is applicable to
those conditions described therein that are diagnosed on or after January 1, 1996.
8.02 Disabilitv Benefits Off-Duty
32
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
Every Firefighter, Police Officer or Public Safety Officer as defined in the Adoption
Agreement - Section B, Plan who shall have become Totally and Permanently Disabled to
the extent that he is unable, by reason of a medically determinable physical or mental
impairment, to render useful and efficient service as a Firefighter, Police Officer or Public
Safety Officer, respectively, as defined in Article 1, and which disability is not directly
caused by the performance of his duties as a Firefighter, Police Officer or Public Safety
Officer, respectively, shall, upon establishing the same to the satisfaction of the Board of
Trustees, be entitled to a disability benefit as provided in the Adoption Agreement -
Section H2, Disability Benefits Off-Duty.
A disabled Participant that does not meet the credited years of service requirements in the
Adoption Agreement - Section H2, Disability Benefits Off-Duty, will receive a return of his
Accumulated Contributions without interest.
8.03 Conditions Disqualifying Disability Benefits
Each Participant who is claiming disability benefits shall establish, to the satisfaction of the
Board, that such disability was not occasioned primarily by:
Excessive or habitual use of any drugs, intoxicants or narcotics.
Injury or disease sustained while willfully and illegally participating in fights,
riots or civil insurrections, or while committing a crime.
Injury or disease sustained while serving in any branch of the Armed Forces.
Injury or disease sustained after his employment as a Participant with the
Employer had terminated.
For Police Officers and Public Safety Officers only: injury or disease
sustained by the Participant while working for anyone other than the
Employer and arising out of such employment.
33
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
8.04 Physical Examination Requirement
A Participant shall not become eligible for disability benefits until and unless he
undergoes physical examination by a qualified physician or physicians and/or
surgeons or surgeons, who shall be selected by the Board for that purpose.
Any Participant receiving disability benefits under this Plan may be periodically
re-examined by a qualified physician or physicians and/or surgeon or surgeons who
shall be selected by the Board, to determine if such disability has ceased to exist. If
the Board finds that the former Participant is no longer Permanently and Totally
Disabled to the extent that he is able to render useful and efficient service as a
Firefighter, Police Officer or Public Safety Officer, respectively, the Board shall
recommend to the Employer that the former Participant be returned to performance
of duty as a Firefighter, Police Officer or Public Safety Officer, respectively, and
shall again become eligible to Participate in the Plan. In the event the former
Participant so ordered to return to employment shall refuse to comply with the order
within thirty (30) days from the issuance thereof, the Participant shall forfeit the right
to his benefits hereunder.
The cost of the physical examination and/or re-examination of the Participant
claiming and or receiving disability benefits shall be paid by the Plan. All other
reasonable costs as determined by the Board incident to the physical examination,
such as, but not limited to, transportation, meals and hotel accommodations, shall
be paid by the Plan.
If a Participant recovers from disability and reenters the service of the Employer as
a Participant, his service will be deemed to have been continuous, but the period
beginning with the first month for which he received a disability retirement income
payment and ending with the date he reentered the service of the Employer will not
be considered as Credited Service for the purposes of the Plan. The Board shall
have the power and authority to make the final decision regarding all disability
claims.
34
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
8.05 Disability Payments
The monthly benefit to which a Participant is entitled in the event of the Participant’s
disability shall be payable on the first day of the first month alter the Board
determines such entitlement. Provided, however, the Participant may select, at any
time prior to the date on which benefit payments begin, an optional form of benefit
payment as described in Article IO, Optional Forms of Benefits, which shall be the
Actuarial Equivalent of the normal form of benefit. The amount of the first disability
payment shall include an amount payable from the date the Board determined such
entitlement. Disability benefits shall cease:
(A) If the Participant recovers from the disability prior to his Normal
Retirement Date, the payment due next proceeding the date of such
recovery, or
(B) If the Participant dies without recovering from disability or attains
Normal Retirement Date, the later of the payment due next proceeding his
death, or as otherwise provided for plans operating under Chapter 175 or
185, FI. Stat.
8.06 Disabilitv Payments & Workers Compensation
If a Participant receives a disability benefit under the Pian and workers
compensation benefits pursuant to Chapter 440, FI. Stat., for the same disability
and the total monthly benefits received from both exceed one hundred percent
(1 00%) of the Participants’ average monthly wage determined in accordance with
Chapter 440, FI. Stat., the disability pension benefit shall be reduced so that the
total monthly amount received by the Participant does not exceed one hundred
percent (100%) of such average monthly wage. In no event shall a Participant’s
disability pension benefit be reduced to less than 42% of Average Final
Compensation for in-line-of duty disability and 25% of Average Final Compensation
for off-duty disability, as provided in Chapters 175 and 185, FI. Stat. In the event of
35
DB PLAN RESTATED SEPTEMBER 23,201 0 AND AMENDED AS OF JUNE 2,201 1
a lump sum workers compensation settlement, the disability retirement income
payable from the Plan shall be adjusted as follows:
(A) The amount of the lump sum settlement shall be divided by the
Participant‘s remaining life expectancy (in months) as determined using the
actuarial assumptions represented in the last completed valuation of the
Plan.
(B) If the number obtained in paragraph (A) above, when added to the
Participant’s monthly disability retirement income from the Plan, exceeds the
Participant’s final monthly compensation on the date of disability, the amount
of the excess shall be deducted from the Participant’s monthly disability
retirement income from the pension plan, for the duration of the Participant’s
remaining life expectancy as determined in paragraph (A) above.
(C) If the number obtained in paragraph (A) above, when added to the
Participant’s monthly disability retirement income from the Plan, does not
exceed the Participant’s final monthly compensation on the date of disability,
there shall be no reduction of the Participant’s disability benefit from the
plan.
36
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 9
VESTING
If a Participant terminates his employment with the Employer for reasons other than
retirement, disability or death, the Participant shall be entitled to the following:
(A) If the Participant has less than the number of years of Credited Service
specified in the Adoption Agreement - Section J1, Termination of Employment and
Vesting, the Participant shall be entitled to a refund of his Accumulated
Contributions without interest.
(B) If the Participant has the required number of years of Credited Service
specified in the Adoption Agreement - Section J2, Termination of Employment and
Vesting, the Participant shall be entitled to a retirement benefit that is the Actuarial
Equivalent of the Accrued Benefit otherwise payable to him commencing at the
Participant's otherwise Normal or Early Retirement Date, and determined based on
actual years of Credited Service, provided he does not elect to withdraw his
Accumulated Contributions and provided the Participant survives to his Normal or
Early Retirement Date.
(C) Any vested Participant of the Plan who is no longer eligible to participate in
this Plan due to a change of employment, but who remains employed by the
Employer in a class not eligible to participate under this Plan, shall have his
Accrued Benefit to the date of such termination under this Pian preserved, provided
he does not elect to withdraw his Accumulated Contributions from this Plan. Such
Accrued Benefit shall be payable at his otherwise Early or Normal Retirement Date
hereunder in accordance with the provisions of this Plan.
(D) If a Participant who terminates employment prior to his Early Retirement
Date or his Normal Retirement Date and elects to withdraw Accumulated
Contributions, is subsequently reemployed and again becomes a Participant in this
37
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
Plan, his Credited Service for purposes of vesting and benefit accruals shall not
include any periods of employment prior to his reemployment date unless he
repays to the Fund his Accumulated Contributions previously withdrawn with
interest, as determined by the Board, within ninety (90) days after reemployment. If
a Participant repays the foregoing amount to the Fund within the prescribed time
period, the interest of the Participant in his Accrued Benefit previously forfeited shall
be restored in full and the Participant's Credited Service shall be based on all
periods of employment.
38
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 10
OPTIONAL FORMS OF BENEFITS
(A) In lieu of the normal form of benefit as specified herein, a Participant's Early or
Normal Retirement or Disability Benefit may be paid in an optional form as selected by the
Participant.
Subject to the approval of the Board or its designee, the Participant may elect to receive
the Actuarial Equivalent of the benefit otherwise payable to the Participant in accordance
with one of the following options:
1.
2.
Monthly income payments for the life of the Participant.
Monthly income payment for the life of the Participant and after his death, a
joint pensioner benefit payable for the life of the joint pensioner equal to,
loo%, 75%, 66 2/3%, or 50% of the amount payable to the Participant.
Such other amount and form of retirement benefit payment that, in the
opinion of the Board, will meet the circumstances of the Participant and the
Trust.
3.
(B) The Participant, upon electing any option pursuant to this Article, will designate the
joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under
the Plan in the event of Participant's death, and will have the power to change such
designation from time to time. Such designation will name a joint pensioner or one or
more primary beneficiaries where applicable. A Participant may change his Beneficiary at
any time. If a Participant has elected an option with a joint pensioner and the Participant's
retirement benefits have commenced, the Participant may thereafter change his joint
pensioner twice without the approval of the Board or the current joint pensioner. A
Participant is not required to provide proof of the good health of the joint pensioner being
removed, and the joint pensioner being removed need not be living.
39
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(C) Upon change of a Participant's joint pensioner in accordance with this Article, the
amount of the retirement income payable to the Participant shall be actuarially re-
determined to ensure that the benefit paid is the Actuarial Equivalent of the present value
of the Participant's then-current benefit at the time of change, and there is no impact to the
Plan. Any such Participant shall pay the actuarial recalculation expenses. Each request
for a change will be made in writing on a form prepared by the Board and on completion
will be filed with the Board. In the event that no designated Beneficiary survives the
Participant, such benefits as are payable in the event of the death of the Participant
subsequent to his retirement shall be paid as provided in Section 11 , Beneficiaries.
(D)
provisions of this Article and shall be subject to the following limitations:
Benefit payments shall be made under the option elected in accordance with the
1. If a Participant dies prior to his Normal Retirement Date or Early Retirement
Date, the beneficiary will receive a benefit paid under the normal form of
benefit in accordance with Article 7, Pre-Retirement Death.
2. If both the retired Participant and the beneficiary (or beneficiaries)
designated by Participant die before full payment has been effected under
any option providing for payments for a period certain and life thereafter, the
value of the remaining payments shall be paid in such other amount and
form of retirement benefit payment that, in the opinion of the Board, will meet
the circumstances of the retiree and the Trust in accordance Article 11.
If the designated Beneficiary (or Beneficiaries) or joint pensioner dies before
the Participant's retirement under the Plan, the option elected will be
canceled automatically and a retirement income of the normal form and
amount will be payable to the Participant upon his retirement as if the
election had not been made, unless a new election is made in accordance
with provisions of this Article or a new Beneficiary is designated by the
Participant prior to his retirement.
If a Participant continues employment beyond his Normal Retirement Date
pursuant to the provisions of the Normal Retirement Date provided in the
3.
4.
40
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
Adoption Agreement, and dies prior to his actual retirement and while an
option made pursuant to the provisions of the Adoption Agreement is in
effect, monthly retirement income payments will be made, or a retirement
benefit will be paid, under the option to a Beneficiary (or Beneficiaries)
designated by the Participant in the amount or amounts computed as if the
Participant had retired under the option on the date on which his death
occurred.
(E)
payment option after the date of cashing or depositing his first benefit check.
Unless otherwise allowed by law, a Participant may not change his benefit
(F) Distribution of a participant’s benefit under this article must commence no later than
April 1 of the calendar year following the later of the calendar year during which the
participant attains age seventy and one-half (70 %) or the calendar year in which the
participant terminates employment with the Employer.
(G) Notwithstanding anything herein to the contrary, the Board in its discretion, may
elect to make a lump sum payment to a Participant or a Participant’s Beneficiary in the
event that the total commuted value of the monthly income payments to be paid do not
exceed one thousand dollars ($1,000). Any such payment made to any person pursuant
to the power and discretion conferred upon the Board by the preceding sentence shall
operate as a complete discharge of all obligations under the Plan with regard to such
Participant and shall not be subject to review by anyone, but shall be final, binding and
conclusive on all persons.
41
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 11
BENEFICIARIES
(A) Each Participant may, on a form provided for that purpose, signed and filed with the
Board, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may
be payable in the event of his death and each designation may be revoked by such
Participant by signing and filing with the Board a new designation-of-beneficiary form. The
consent of a Participant's beneficiary to any change of beneficiary shall not be required.
(B) If a deceased Participant fails to name a beneficiary in the manner prescribed in
Section A, or if the beneficiary (or beneficiaries) named by a deceased Participant
predeceases the Participant, the death benefit, if any, which may be payable under the
Plan with respect to such deceased Participant shall be paid by the Board to the estate of
the Participant, and the Board, in its discretion, may direct that the commuted value of the
remaining value of the remaining monthly income benefits be paid in a lump sum.
Any payment made to any person pursuant to this Section shall operate as a complete
discharge of all obligations under the Plan with regard to the deceased Participant and any
other persons with rights under the Plan and shall not be subject to review by anyone but
shall be final, binding, and conclusive on all persons ever interested hereunder.
42
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 12
CLAIMS PROCEDURES
The Board shall establish administrative claims procedures to be utilized in processing
written requests (“claims”), on matters which affect the substantial rights of any person
(“claimant”), including Participants, retirees, Beneficiaries, or any person affected by a
decision of the Board.
43
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 13
REPORTS TO DIVISION OF RETIREMENT
Each year by no later than March 15th, the Board shall file an Annual Report with the State
of Florida, Division of Retirement, and the Employer containing the documents and
information contained in Sections 175.261 and 185.221, Florida Statutes.
44
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 14
ROSTER OF RETIREES
The Secretary of the Board shall keep a record of all persons receiving a benefit or vested
Participants who will receive a future vested benefit under the provisions of this Plan in
which it shall be noted the time when the benefit became payable. Additionally, the
Secretary shall keep a record of all Participants employed by the Employer in such a
manner as to show the name, address, date of employment and date such employment is
terminated.
45
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 15
BOARD ATTORNEY AND PROFESSIONALS
The Board may employ independent legal counsel at the Fund's expense for the purposes
contained herein, together with such other professional, technical, or other advisors as the
Board deems necessary.
46
DB PIAN RESTATED SEPTEMBER 23,201 0 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 16
MAXIMUM PENSION
16.01 Basic Limitation
Notwithstanding any other provisions of this plan to the contrary, the member
contributions paid to, and retirement benefits paid from, the plan shall be limited to such
extent as may be necessary to conform to the requirements of Code Section 415 for a
qualified retirement plan. Before January 1, 1995, a plan member may not receive an
annual benefit that exceeds the limits specified in Code Section 415(b), subject to the
applicable adjustments in that section. On and after January 1, 1995, a plan member
may not receive an annual benefit that exceeds the dollar amount specified in Code
Section 41 5(b)( 1)(A) ($1 60,000), subject to the applicable adjustments in Code Section
415(b) and subject to any additional limits that may be specified in this plan. For
purposes of this section, "limitation year" shall be the calendar year.
16.02
(A) If the form of benefit without regard to any benefit increase feature is not a
straight life annuity, then the Code Section 415(b) limit applicable at the annuity starting
date is reduced to an actuarially equivalent amount (determined using the assumptions
specified in Treasury Regulation Section 1.41 5(b)-1 (c)(2)(ii) that takes into account the
death benefits under the form of benefit.
(B)
benefits shall not be taken into account in applying these limits:
Adiustments to Basic Limitation for Form of Benefit.
Benefits Not Taken into Account. For purposes of this Section, the following
(1) Any ancillary benefit which is not directly related to retirement income
benefits;
(2) Any other benefit not required under §415(b)(2) of the Code and
Regulations thereunder to be taken into account for purposes of the
limitation of Code Section 415(b)(l).
(C)
the limits under Code Section 41 5(b) (the "Limit"), the following will apply:
COLA Effect. Effective on and after January 1, 2003, for purposes of applying
47
DB PUN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(1) A member‘s applicable limit will be applied to the member’s annual benefit
in the member’s first calendar year of benefit payments without regard to
any automatic cost of living adjustments;
thereafter, in any subsequent calendar year, a member’s annual benefit,
including any automatic cost of living increases, shall be tested under the
then applicable benefit limit including any adjustment to the Code Section
41 5(b)(l)(A) dollar limit under Code Section 415(d), and the regulations
thereunder; but
in no event shall a member’s benefit payable under the plan in any
calendar year be greater than the limit applicable at the annuity starting
date, as increased in subsequent years pursuant to Code Section 415(d)
and the regulations thereunder.
(2)
(3)
Unless otherwise specified in the plan, for purposes of applying the limits under Code
Section 415(b), a Member’s applicable limit will be applied taking into consideration cost
of living increases as required by Section 415(b) of the Code and applicable Treasury
Regulations.
(D) Other Adjustments in Limitations.
(1) In the event the member’s retirement benefits become payable before age
sixty-two (62), the limit prescribed by this section shall be reduced in
accordance with regulations issued by the Secretary of the Treasury
pursuant to the provisions of Code Section 415(b) of the Code, so that
such limit (as so reduced) equals an annual straight life benefit (when
such retirement income benefit begins) which is equivalent to a one
hundred sixty thousand dollar ($160,000) annual benefit beginning at age
sixty-two (62).
In the event the member’s benefit is based on at least fifteen (15) years of
credited service as a full-time police officer or firefighter, the adjustments
provided for in (D)(I) above shall not apply.
The reductions provided for in (D)(I) above shall not be applicable to
disability benefits or pre-retirement death benefits.
(2)
(3)
48
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(4) In the event the member’s retirement benefit becomes payable after age
sixty-five (65), for purposes of determining whether this benefit meets the
limit set forth in subsection (A) herein, such benefit shall be adjusted so
that it is actuarially equivalent to the benefit beginning at age sixty-
five(65). This adjustment shall be made in accordance with regulations
promulgated by the Secretary of the Treasury or his delegate.
16.03
The maximum retirement benefits payable under this section to any member who has
completed less than ten (IO) years of credited service shall be the amount determined
under section 16.01 multiplied by a fraction, the numerator of which is the number of the
member’s years of credited service and the denominator of which is ten (IO). The
reduction provided by this section cannot reduce the maximum benefit below 10%. The
reduction provided for in this section shall not be applicable to disability benefits or pre-
retirement death benefits.
Less than Ten (IO) Years of Service.
16.04
The limit of this section with respect to any member who at any time has been a
member in any other defined benefit plan as defined in Code Section 414(j) maintained
by the Employer shall apply as if the total benefits payable under all Employer defined
benefit plans in which the member has been a member were payable from one plan.
Participation in Other Defined Benefit Plans.
16.05
Notwithstanding the foregoing, the retirement benefit payable with respect to a member
shall be deemed not to exceed the limit set forth in this section if the benefits payable,
with respect to such member under this plan and under all other qualified defined
benefit pension plans to which the Employer contributes, do not exceed ten thousand
dollars ($10,000) for the applicable plan year and for any prior plan year and the
Employer has not at any time maintained a qualified defined contribution plan in which
the member participated.
Ten Thousand Dollar ($10.000) Limit.
49
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
16.06 Reduction of Benefits.
Reduction of benefits andlor contributions to all plans, where required, shall be
accomplished by first reducing the member's benefit under any defined benefit plans in
which member participated, such reduction to be made first with respect to the plan in
which member most recently accrued benefits and thereafter in such priority as shall be
determined by the board and the plan administrator of such other plans, and next, by
reducing or allocating excess forfeitures to defined contribution plans in which the
member participated, such reduction to be made first with respect to the plan in which
member most recently accrued benefits and thereafter in such priority as shall be
established by the board and the plan administrator for such other plans provided,
however, that necessary reductions may be made in a different manner and priority
pursuant to the agreement of the board and the plan administrator of all other plans
covering such member.
16.07 Service Credit Purchase Limits.
(A) Effective for permissive service credit contributions made in limitation years
beginning after December 31 , 1997, if a member makes one or more contributions to
purchase permissive service credit under the plan, then the requirements of this section
will be treated as met only if:
the requirements of Code Section 415(b) are met, determined by treating
the accrued benefit derived from all such contributions as an annual
benefit for purposes of Code Section 41 5(b), or
the requirements of Code Section 415(c) are met, determined by treating
all such contributions as annual additions for purposes of Code Section
41 5(c).
For purposes of applying subparagraph (A)(I), the plan will not fail to meet
the reduced limit under Code section 415(b)(2)(C) solely by reason of this
subparagraph (3), and for purposes of applying subparagraph (A)(2) the
plan will not fail to meet the percentage limitation under Section
415(c)(l)(B) of the Code solely by reason of this subparagraph (3)
50
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(B)
service credit-
(1)
For purposes of this subsection the term “permissive service credit” means
recognized by the plan for purposes of calculating a member’s benefit
under the plan.
which such member has not received under the plan, and
which such member may receive only by making a voluntary additional
contribution, in an amount determined under the plan, which does not
exceed the amount necessary to fund the benefit attributable to such
service credit.
(2)
(3)
Effective for permissive service credit contributions made in limitation years
beginning after December 31, 1997, such term may, if otherwise provided by the
plan, include service credit for periods for which there is no performance of
service, and, notwithstanding clause (B)(2), may include service credited in order
to provide an increased benefit for service credit which a member is receiving
under the plan.
(C) For purposes of applying the limits in this Section 16.07 only and for no other
purpose, the definition of compensation where applicable will be compensation actually
paid or made available during a calendar year, except as noted below and as permitted
by Treasury Regulations Section 1.41 5(c)-2, or successor regulations. Unless another
definition of compensation that is permitted by Treasury Regulations Section 1.41 5(c)-2,
or successor regulation, is specified by the plan, compensation will be defined as wages
within the meaning of Code Section 3401(a) and all other payments of compensation to
an employee by an employer for which the employer is required to furnish the employee
a written statement under Code Sections 6041(d), 6051(a)(3) and 6052 and will be
determined without regard to any rules under Code Section 3401(a) that limit the
remuneration included in wages based on the nature or location of the employment or
the services performed (such as the exception for agricultural labor in Code Section
3401 (a)(2).
(1) However, for calendar years beginning after December 31, 1997,
Compensation will also include amounts that would otherwise be included
in compensation but for an election under Code Sections 125(a),
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DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
402(e)(3), 402(h)(l)(B), 402(k), or 457(b). For calendar years beginning
after December 31, 2000, compensation will also include any elective
amounts that are not includible in the gross income of the employee by
reason of Code Section 132(f)(4).
For limitation years beginning on and after January 1, 2007, compensation
for the calendar year will also include compensation paid by the later of
2% months after an employee’s severance from employment or the end
of the calendar year that includes the date of the employee’s severance
from employment if:
the payment is regular compensation for services during the
employee’s regular working hours, or compensation for services
outside the employee’s regular working hours (such as overtime or
shift differential), commissions, bonuses or other similar payments,
and, absent a severance from employment, the payments would have
been paid to the employee which the employee continued in
employment with the employer; or
the payment is for unused accrued bona fide sick, vacation or other
leave that the employee would have been able to use if employment
had continued.
Back pay, within the meaning of Treasury Regulations Section 1.415(c) -
2(g)(8), shall be treated as compensation for the limitation year to which
the back pay relates to the extent the back pay represents wages and
compensation that would otherwise be included under this definition.
(D) Notwithstanding any other provision of law to the contrary, the Board may modify
a request by a member to make a contribution to the plan if the amount of the
contribution would exceed the limits provided in Code Section 415 by using the
following methods:
(1) If the law requires a lump sum payment for the purchase of service credit,
the Board may establish a periodic payment deduction plan for the
member to avoid a contribution in excess of the limits under Code
Sections 41 5(c) or 41 5(n).
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
16.08
(2) If payment pursuant to subparagraph (D)(I) will not avoid a contribution in
excess of the limits imposed by Code Section 415(c), the Board may
either reduce the member’s contribution to an amount within the limits of
that section or refuse the member’s contribution
Additional Limitation on Pension Benefits.
Notwithstanding anything herein to the contrary:
(1) The normal retirement benefit or pension payable to a retiree who
becomes a Participant of the Plan and who has not previously participated
in such Plan, on or after January 1, 1980, shall not exceed one hundred
percent (1 00%) of average final compensation. However, nothing
contained in this section shall apply to supplemental retirement benefits or
to pension increases attributable to cost-of-living increases or
adjustments.
No Participant shall be allowed to receive a retirement benefit or pension
which is in part or in whole based upon any service with respect to which
the Participant is already receiving, or will receive in the future, a
retirement benefit or pension from a different employer’s retirement
system or plan. This restriction does not apply to social security benefits or
federal benefits under Chapter 67, Title 10, U.S. Code.
(2)
16.09 Benefit Restoration Plan & Trust
(A) An Employer may fund a Benefit Restoration Plan as permitted under Code
Section 415(m) as specified in this Section
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(B) Definitions
“Information Sheet”:
is the document executed by the Employer providing specific
information as to that Employer.
“Participant” :
means an employee of the Employer who is eligible to receive
benefits under this Benefit Restoration Plan, under (C).
“Pensioner”:
means a former employee of the Employer who is retired and
receiving retirement benefits.
“Benefit Restoration Plan”:
means the provisions of section 16.09, which is hereby established
for the payment of retirement benefits supplementing the Plan
benefits as permitted under Code Section 415(m).
“Benefit Restoration Plan Year”:
means the limitation year of the Plan under Code Section 41 5.
“Plan”:
means the plan identified in the Adoption Agreement which is a
Florida Municipal Pension Trust Fund Defined Benefit Plan
maintained by a participating employer, and with respect to which this
Benefit Restoration Plan will provide supplemental benefits.
“Trust”:
means the trust fund established in subsection (E) (2) of this Benefit
Restoration Plan, which shall constitute a separate trust fund from the
trust fund maintained under the Plan.
“Board”:
means the Board of Trustees of the Plan, serving in the separate
capacity as trustees of this Benefit Restoration Plan.
(C) PARTICIPATION
(1) All Participants, Pensioners and Beneficiaries of the Plan whose
retirement or survivor benefits from that Plan for a Plan Year have
been limited by Code Section 415 are eligible to participate in this
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OB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
Benefit Restoration Plan, unless excluded by category under the
terms of the Information Sheet.
(2) Participation in the Benefit Restoration Plan is automatic. Any
Participant, Pensioner or Beneficiary who is eligible for benefits is
entitled to such benefits without the necessity of enrollment.
Participation in the Benefit Restoration Plan will cease for any Plan
Year in which the retirement benefit of a Pensioner or Beneficiary is
not limited by Code Section 41 5.
(D) BENEFITS
(I) Benefit Amount
A covered Pensioner or Beneficiary shall receive a monthly benefit
equal to the difference between the participant’s monthly retirement
benefit otherwise payable from the Plan prior to any reduction or
limitation because of Code Section 415 and the actual monthly
retirement benefit payable from the Plan as limited by Code Section
415. The monthly benefit shall be subject to withholding for any
applicable income or employment taxes.
(2) Payment of Benefit
Benefits under the Benefit Restoration Plan shall be paid only if the
Pensioner or Beneficiary is receiving retirement benefits from the
Plan.
(3) Form of Benefit
The form of the benefit paid to a Pensioner or Beneficiary from the
Benefit Restoration Plan shall be the same payable under the Plan.
(4) Re-calculation of Benefits
The maximum benefit under the Plan shall be increased as
permitted by Internal Revenue Service regulations to reflect cost-of-
living adjustments above the base period, and from August 1, 2000,
the benefit paid to any Participant or Beneficiary who is in payment
status will be adjusted as the first day of each limitation year for the
increase, if any, in the dollar limitation indexed under section 41 5(d)
of the Code.
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(E) CONTRIBUTIONS AND FUNDING
Contributions
(a) The Board, upon the recommendation of the actuary, shall
determine the required contributions to pay plan benefits in
accordance with (3) below. The required contribution for each
Plan Year shall be the total amount of benefits payable under
(D) to all Pensioners and Beneficiaries, plus such amount as
determined by the Board to pay the administrative expenses of
the Benefit Restoration Plan and the Employer’s share of any
employment taxes on the benefits paid from the Plan.
(b) The required contribution as determined by the Board, upon
the recommendation of the actuary, shall be paid into the Trust
from an allocation of the Employer contribution amounts paid
under the Plan.
Benefit Restoration Plan Trust Fund
Contributions to the Benefit Restoration Plan shall be deposited in
the separate Trust established and administered by the Board.
This Trust is intended to be exempt from federal income tax under
Code Sections 115 and 415(m)(l). The Trust assets shall be
subject to the claims of general creditors of the Employer in the
case of bankruptcy.
Funding Assets
The benefit liabilities of the Benefit Restoration Plan shall be funded
on an as-needed basis. The Trust established under (2) above
shall not be accumulated to pay benefits payable in future years.
Accordingly, any assets of the Trust shall be invested by the Board
in short-term investments as the Board may determine to assure
preservation of principal rather than the generation of income.
Non-assignability of Benefits
The benefits payable under this Benefit Restoration Plan may not
be assigned or alienated, except as otherwise permitted for benefits
payable by the Plan.
Amendment and Termination
The Employer reserves the right to amend this Benefit Restoration
Plan at any time. No modification or amendment of the Benefit
Restoration Plan shall make it possible for any part of the income or
assets of the fund to be used for, or diverted to, purposes other
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DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
than for the exclusive benefit of the Participants, Pensioners and
Beneficiaries, except as set forth in section (2) above.
The Employer reserves the right to discontinue or terminate this
Benefit Restoration Plan in whole or in part. Upon a termination of
the Benefit Restoration Plan, the Board shall take such steps as the
Board determines to be necessary or desirable to comply with
applicable laws and to apply any remaining assets.
If, after satisfaction of all liabilities, there is any balance remaining
in the fund, such balance shall be refunded to the Employer if not
otherwise prohibited by law.
(F) ADMINISTRATION
Benefit Restoration Plan Administration
The Benefit Restoration Plan shall be administered by the Board.
The Board shall have the same authority to administer the Benefit
Restoration Plan as exists for the Plan. The Board may delegate
any or all of the Board’s administrative authority.
Compliance Authority
The Board may make modifications to the benefits payable under
the Benefit Restoration Plan as may be necessary to maintain its
qualified status under Code Section 415(m).
No Liability for Benefits
Since this Benefit Restoration Plan is not intended to accumulate
funds, the Benefit Restoration Plan shall not be liable for the
payment of any benefits except to the extent of funds actually
received from the Employer and not previously distributed or
applied to pay Benefit Restoration Plan expenses.
This Benefit Restoration Plan shall be construed, administered and
governed in all respects by the laws of the State of Florida.
(G) EFFECTIVE DATES
The Board shall pay benefits under the Benefit Restoration Plan beginning on or
after the date specified on the Information Sheet.
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DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 17
DISTRIBUTION OF BENEFITS
As of the Effective Date, this Plan shall pay all benefits in accordance with a good faith
interpretation of the requirements of Code Section 401 (a)(9) and the regulations
promulgated thereunder, as applicable to a governmental plan as defined in Code Section
414(d). Notwithstanding any other provision of this Plan to the contrary, a form of
retirement income payable from this Plan shall satisfy the following conditions:
(A) If the retirement income is payable before the Participant's death,
(1) It shall either be distributed or commence to the Participant not later than
April 1 of the calendar year following the later of the calendar year in
which the Participant attains age seventy and one-half (701/2), or the
calendar year in which the Participant retires; and,
(2) the benefit shall be paid over the life of the Participant or over the
lifetimes of the Participant and designated beneficiary and shall be paid
over the period extending not beyond the life expectancy of the
Participant and designated beneficiary
Where benefit payments have commenced in accordance with the preceding
paragraphs and the Participant dies before his entire interest in the Plan has been
distributed, the remaining portion of such interest in the Plan shall be distributed no
less rapidly than under the form of distribution in effect at the time of the
Participant's death.
(B) If the Participant's death occurs before the distribution of his interest in the
Plan has commenced, the Participant's entire interest in the Plan shall be
distributed within five (5) years of the Participant's death, unless it is to be
distributed in accordance with the following rules:
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DB PLAN RESTATED SEPTEMBER 23,201 0 AND AMENDED AS OF JUNE 2,201 1
The Participant’s remaining interest in the Plan is payable to his
designated beneficiary.
The remaining interest is to be distributed over the life of the
designated beneficiary over a period not extending beyond the life
expectancy of the designated beneficiary; and
Such distribution begins within one year of the Participant‘s death
unless the Participant‘s spouse shall receive the remaining interest in
which case the distribution need not begin before the date on which
the Participant would have attained age seventy and one-half (70%),
and if the spouse dies before the distribution begins, this Article shall
be applied as if the spouse were the Plan Participant.
Direct Transfers of Eliaible Rollover Distributions
(I) This paragraph applies to distributions made on or after January 1, 1993.
Notwithstanding any provisions of the Plan to the contrary that would otherwise limit
a distributee’s (as defined below) election under this paragraph, a distributee may
elect, at the time and in the manner prescribed by the Plan Administrator, to have
any portion of an eligible rollover distribution (as defined below) paid directly to an
eligible retirement plan (as defined below) specified by the distributee in a direct
rollover (as defined below).
(2)
meanings:
For purposes of this paragraph, the following terms shall have the following
(i) An “eligible rollover distribution” is any distribution of all or any portion
of the balance to the credit of the distributee, except that an eligible rollover
distribution does not include: any distribution that is one of a series of
substantially equal periodic payments (not less frequently than annually)
made for the life (or life expectancy) of the distributee or the joint lives (or
joint life expectancies) of the distributee and the distributee’s designated
beneficiary, or for a specified period of ten years or more; any distribution to
the extent such distribution is required under Code Section 401(a)(9), and
the portion of any distribution that is not included in gross income
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DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(determined without regard to the exclusion for net unrealized appreciation
with respect to employer securities).
(ii) An “eligible retirement plan” is an individual retirement account
described in Code Section 408(a), an individual retirement annuity described
in Code Section 408(b), an annuity plan described in Code Section 403(a),
or a qualified trust described in Code Section 401(a), that accepts the
distributee’s eligible rollover distribution. However, in the case of an eligible
rollover distribution to the surviving spouse, an eligible retirement plan is an
individual retirement account or individual retirement annuity.
(iii) A “distributee” includes an Employee or former Employee. In
addition, the Employee’s or former Employee’s surviving spouse is a
distributee with regard to the interest of the spouse.
(iv)
plan specified by the distributee.
A “direct rollover” is a payment by the Plan to the eligible retirement
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 18
MISCELLANEOUS PROVISIONS
18.01 Interest of Participants in Plan
All assets of the Fund shall be held in trust and at no time prior to the satisfaction of all
liabilities under the Plan with respect to Participants and Beneficiaries, shall any part of the
corpus or income of the Fund be used for or diverted to any purpose other than for their
exclusive benefit. No plan amendment or ordinance shall be adopted by the Employer
which shall have the effect of reducing the then vested accrued benefits of Participants or
Participants' beneficiaries under the Plan.
18.02 Summary Plan Descriptions
The Summary Plan Description outlining the provisions of this Plan was designed only to
give a brief description of the benefit provided and does not include all the provisions or
exclusions in the Plan Document. If the Summary Plan Description disagrees with the
Plan herein in any way, the Plan Document will govern.
18.03 Gender and Number
Wherever any words are used in the masculine, feminine or neutral gender, they shall be
construed as though they were also used in another gender in all cases where they would
apply. Whenever any words are used herein in the singular or plural form, they shall be
construed as though they were also used in the other form in all cases where they would
apply.
18.04 Headinns and References
All headings and references to sections, subsections, paragraphs, etc., in this Plan are
inserted for convenience only and shall not affect the construction or interpretation of this
Plan.
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
18.05 Benefit Improvements
Benefit improvements which, in the past, have been provided for by amendments to the
Plan adopted by the Employer by ordinance or resolution, and any benefit improvements
which might be made in the future, shall apply prospectively and shall not apply to
Participants who terminate employment or who retire prior to the effective date of any
ordinance or resolution adopting such benefit improvements, unless such ordinance or
resolution specifically provides to the contrary.
18.06 Procedure for Unclaimed Benefit
If the Board is unable, within three years after any benefit becomes due to a Participant or
Beneficiary under the Plan, to authorize payment because the identity or whereabouts of
such person cannot be ascertained, the Board may direct that such benefit and all further
benefits with respect to such person shall be forfeited and all liability for the payment
thereof shall terminate.
18.07 Qualified Military Service:
Notwithstanding any provision of this Plan to the contrary, contributions, benefits, and
service credit with respect to qualified military service will be provided in accordance with 5
414(u) of the Code. To the extent that the definition of “credited service” sets forth
contribution requirements that are more favorable to the participants than the minimum
compliance requirements, the more favorable provisions shall apply.
18.08 Domestic Relations Order Submission:
(A) Prior to the entry of any domestic relations order which affects or purports to
affect the Fund’s responsibilities in connection with the payment of benefits, that order
should be submitted through the Fund’s administrator for review as to whether the Fund
may honor it.
(B) If the domestic relations order is not submitted to the administrator for review
prior to entry, and the Fund is ordered to take action that it may not legally take, and the
Fund expends administrative or legal fees in resolving the matter, the Participant who
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
submitted the domestic relations order will be required to reimburse the Fund its
expenses in connection with the order.
(C)
consider to determine if a domestic relations order may be complied with by the Fund.
The administrator may develop rules or regulations concerning what the Fund will
18.09 Prohibited Transaction
Effective January 1, 1989, the Board may not engage in any transaction prohibited
under Section 503(b) of the Code.
18.10 Qualification of Plan
It is intended that this plan shall constitute a qualified public pension plan under the
applicable provisions of the Code for a qualified plan under Code Section 401(a) and a
governmental plan under Code Section 414(d), as now in effect and as may be
amended from time to time. Any modification or amendment of this Plan may be made
retroactively, if necessary or appropriate to maintain qualification.
18.11 Plan Amendments
The Employer acknowledges the FMPTF Defined Benefit Plan document may be
amended from time to time by the FMPTF Master Trustee to comply with applicable
federal or state laws or regulations, and to make ministerial or administrative changes to
the Plan, without the consent of the Employer or of Participants or any Beneficiaries
thereof. Any amendment of the Plan, made in accordance with this provision, may be
made retroactively, if deemed necessary or appropriate by the FMPTF Master Trustee.
A copy of any Plan amendment shall be delivered to the Plan administrator, and the
Plan shall be amended in the manner and effective as of the date set forth therein, and
the Employers, Employees, Participants and Beneficiaries shall be bound by the
amendment. The FMPTF Master Trustee shall not make any amendment to benefits
under the Plan unless the amendment is necessitated to comply with applicable federal
or state laws or regulations. Employers shall receive copies of any Plan amendments
made by the FMPTF Master Trustee.
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 19
REPEAL OR TERMINATION OF PLAN
(A) This Plan and Fund may be modified, terminated, or amended, in whole or in part at
any time by the Employer; provided that if this Plan or any subsequent ordinance or
resolution shall be amended or repealed in its application to any person benefiting
hereunder, the amount of benefits which at the time of any such alteration, amendment, or
repeal shall have accrued to the Participant or beneficiary shall not be affected thereby,
except to the extent that the assets of the Fund may be determined to be inadequate.
(B) If this Plan shall be repealed, or if contributions to the Plan are discontinued, or if
there is a transfer, merger or consolidation of government units, services or functions as
provided in Chapter 121, FI. Stat., the Board shall continue to administer the Plan in
accordance with the provisions of this Plan, for the sole benefit of the then Participant’s,
any beneficiaries then receiving retirement allowances, and any future persons entitled to
receive future benefits. In the event of repeal, termination or permanent discontinuance of
contributions due to transfer, merger or consolidation of government units, services or
functions, or for any other reason, there shall be full vesting (100%) of benefits accrued to
date of repeal and the assets of the Plan shall be allocated as follows:
(C) General Employees
Benefits for General Employees shall be distributed in an equitable manner to provide
benefits on a proportionate basis to the persons so entitled in accordance with the
provisions of this Plan. The following shall be the order of priority for purposes of allocating
the assets of the Plan as of the date of repeal of this Plan, or if contributions to the Plan
are discontinued with the date of such discontinuation being determined by the Employer.
(1) Apportionment shall first be made in respect of each retired Participant
receiving a retirement or disability benefit hereunder on such date, each person
receiving a benefit on such date on account of a retired or disabled (but since
deceased) Participant, and each Participant who has, by such date, become
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
eligible for normal retirement but has not yet retired, an amount which is the
actuarial equivalent of such benefit, based upon the actuarial assumptions in use
for purposes of the most recent actuarial valuation, provided that, if such asset
value be less than the aggregate of such amounts, such amounts shall be
proportionately reduced so that the aggregate of such reduced amounts will be
equal to such asset value.
(2) If there be any asset value remaining after the apportionment under
paragraph 1, apportionment shall next be made in respect of each Participant in the
service of the Employer on such date who has completed at least ten (IO) Years of
Credited Service and who is not entitled to an apportionment under paragraph 1 , in
the amount required to provide the Actuarial Equivalent, as described in paragraph
1 above, of the accrued Normal Retirement Benefit, based on the Credited Service
and Salary as of such date, and each vested former Participant then entitled to a
deferred benefit who has not, by such date, begun receiving benefit payments, in
the amount required to provide said Actuarial Equivalent of the accrued Normal
Retirement Benefit, provided that, if such remaining asset value is less than the
aggregate of the amounts apportioned hereunder, such latter amounts shall be
proportionately reduced so that the aggregate of such reduced amounts will be
equal to such remaining asset value.
(3) If there be any asset value after the apportionments under paragraph 1 and
2 above, apportionment shall be made in respect of each Participant in the service
of the Employer on such date who is not entitled to an apportionment under
paragraphs 1 and 2 above in the amount equal to Participant's Accumulated
Contributions, provided that, if such remaining asset value be less than the
aggregate of the amounts apportioned hereunder, such latter amount shall be
proportionately reduced so that the aggregate of such reduced amounts will be
equal to such remaining asset value.
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(4) If there be any asset value remaining after the apportionments under
paragraphs 1, 2, and 3 above, apportionment shall lastly be made in respect of
each participant included in paragraph 3 above to the extent of the Actuarial
Equivalent, as described in paragraph 1 above, of the accrued Normal Retirement
Benefit, less the amount apportioned in paragraph 3 above, based on the Credited
Service and Average Final Compensation as of such date, provided that, if such
remaining asset value be less than the aggregate of the amounts apportioned
hereunder, such amounts shall be reduced so that the aggregate of such reduced
amounts will be equal to such remaining asset value.
(5) In the event that there be asset value remaining after the full apportionment
specified in paragraphs 1, 2, 3, and 4 above, such excess shall be returned to the
Employer, less return of the State's contributions to the State if applicable, provided
that, if the excess is less than the total contributions made by the Employer and the
State to the date of termination such excess shall be divided proportionately to the
total contributions made by the Employer and the State.
The allocation of the Fund provided for in this subsection may, as decided by the
Board and the Employer be carried out through the purchase of insurance company
contracts to provide the benefits determined in accordance with this subsection.
The Fund may be distributed in one sum to the persons entitled to said benefits or
the distribution may be carried out in such other equitable manner as the Board and
the Employer may direct. The Trust may be continued in existence for purposes of
subsequent distributions.
(6) After all the vested and accrued benefits provided hereunder have been paid
and after all other liabilities have been satisfied, then and only then, shall any
remaining funds be reverted to of the Employer.
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(D) Police Officers and Firefighters
Benefits for Police Officers and Firefighters for plans participating in Chapters 175 or 185,
FI. Stat., shall be distributed in accordance with the following procedure:
(1) The Board shall determine the date of distribution and the asset value
required to fund all the nonforfeitable benefits, after taking into account the
expenses of such distribution. The Board shall inform the Employer if additional
assets are required, in which event the Employer shall continue to financially
support the plan until all nonforfeitable benefits have been funded.
(2) The Board shall determine the method of distribution of the asset value, that
is, whether distribution shall be by payment in cash, by the maintenance of
another or substituted trust fund, by the purchase of insured annuities, or
otherwise, for each participant entitled to benefits under the plan as specified in
paragraph (3).
(3) The Board shall distribute the asset value as of the date of termination in the
manner set forth in this subsection, on the basis that the amount required to
provide any given retirement income shall mean the actuarially computed single-
sum value of such retirement income, except that if the method of distribution
determined under paragraph (2) involves the purchase of an insured annuity, the
amount required to provide the given retirement income shall mean the single
premium payable for such annuity. The actuarial single-sum value may not be
less than the employee’s accumulated contributions to the plan, with interest if
provided by the plan, less the value of any plan benefits previously paid to the
employee .
(4) If in the event that there is asset value remaining after the full distribution
as specified in paragraph (3), and after the payment of any expenses incurred
with such distribution, such excess shall be returned to Employer, less return to
the state of the state’s contributions, provided that, if the excess is less than the
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DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
total contributions made by the Employer and the state to date of termination of
the plan, such excess shall be divided proportionately to the total contributions
made by the Employer and the state.
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DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 20
EXEMPTION FROM EXECUTION, NON-ASSIGNABILITY
The pensions, annuities, or any other benefits accrued or accruing to any person under
the provisions of this Plan, the Accumulated Contributions and the assets in the Fund
created under this Plan are exempt from any state, county or municipal tax of the state and
shall not be subject to execution, attachment, garnishment or any legal process
whatsoever and shall be unassignable.
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DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 21
FORFEITURE OF PENSION: CONVICTION AND FORFEITURE
Any Participant who is convicted of the any of the following offenses committed prior to
retirement, or whose employment is terminated by reason of his admitted commission, aid
or abetment of the following specified offenses, shall forfeit all rights and benefits under
this Plan, except for the return of his Accumulated Contributions as of the date of
termination.
(A) Specified offenses are as follows:
(1) the committing, aiding or abetting of an embezzlement of public
funds;
(2) the committing, aiding or abetting of any theft by a public officer or
employee from the employer;
(3) bribery in connection with the employment of a public officer or
employee;
(4) any felony specified in Chapter 838, Florida Statutes;
(5) the committing of an impeachable offense.
(6) the committing of any felony by a public officer or employee who
willfully and with intent to defraud the public or the public agency, for which
he acts or in which he is employed, of the right to receive the faithful
performance of his duty as a public officer or employee, realizes or obtains
or attempts to obtain a profit, gain, or advantage for himself or for some
other person through the use or attempted use of the power, rights,
privileges, duties or position of his public office or employment position.
(7) the committing on or after October 1, 2008, of any felony defined in
Section 800.04, Florida Statutes, against a victim younger than sixteen (16)
years of age, or any felony defined in Chapter 794, Florida Statutes, against
a victim younger than eighteen (18) years of age, by a public officer or
employee through the use or attempted use of power, rights, privileges,
duties, or position of his or her office or employment position.
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DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
(6) Conviction shall be defined as follows: An adjudication of guilt by a court of
competent jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty
when adjudication of guilt is withheld and the accused is placed on probation; or a
conviction by the Senate of an impeachable offense.
(C) Court shall be defined as follows: any state or federal court of competent
jurisdiction, which is exercising its jurisdiction to consider a proceeding involving the
alleged commission of a specified offense. Prior to forfeiture, the Board shall hold a
hearing on which notice shall be given to the Participant whose benefits are being
considered for forfeiture. Said Participant shall be afforded the right to have an
attorney present. No formal rules of evidence shall apply, but the Participant shall
be afforded a full opportunity to present his case against forfeiture.
(D) Any Participant who has received benefits from the Plan in excess of his
Accumulated Contributions after Participant's rights were forfeited pursuant to this
section shall be required to pay back to the Fund the amount of the benefits
received in excess of his Accumulated Contributions. The Board may implement all
legal action necessary to recover such funds.
(E) As provided in the Florida Statutes, it is unlawful for a person to willfully and
knowingly make, or cause to be made, or to assist, conspire with, or urge another
to make, or cause to be made, any false, fraudulent, or misleading oral or written
statement or withhold or conceal material information to obtain any benefit from the
Plan. A person who commits a crime is punishable as provided in Section 775.082
or Section 775.083, Florida Statutes.
(F) In addition to any applicable criminal penalty upon conviction for a violation
described in subsection (E), a Participant or Beneficiary of the Plan may, in the
discretion of the Board, be required to forfeit the right to receive any or all benefits
to which the person would be otherwise be entitled under the Plan. For purposes of
71
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2.201 1
this subsection (F) “conviction” means a determination of guilt that is the result of a
plea or trial, regardless of whether adjudication is withheld.
72
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 22
PENSION VALIDITY
The Board shall have the power to examine and investigate into the facts upon which any
pension shall heretofore have been granted under any prior or existing law, or shall
hereafter be granted or obtained erroneously, fraudulently or illegally for any reason. The
Board is empowered to purge the pension rolls or correct the pension amount of any
person heretofore granted a pension under prior or existing law or any person hereafter
granted a pension under this Plan if the same is found to be erroneous, fraudulent or
illegal for any reason, and to reclassify any person who has heretofore under any prior or
existing law been or who shall hereafter under this Plan be erroneously, improperly or
illegally classified. Any overpayments or under payments shall be corrected and paid or
repaid in a reasonable manner determined by the Board.
73
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
ARTICLE 23
SIGNATORIES
This agreement is effective on the date specified in the Adoption
Agreement.
EMPLOYER
AUTHORIZED SIGNATURE
TITLE
DATE
74
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
EXHIBIT A
MASTER TRUST AGREEMENT (INCLUDING INVESTMENT POLICY)
75
DB PLAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2,201 1
EXHIBIT B
ACTUARIAL EQUIVALENT
Actuarial Equivalent for benefit calculations under the Plan:
Actuarial Equivalent shall mean a benefit of equivalent current value to the
benefit that would otherwise have been provided to the Participant. At the
time of calculation of the actuarially equivalent benefit, the calculation shall
not include possible future benefit increases which have not been adopted
by the Employer and which are not in effect as of the calculation date.
Actuarial equivalence will be based on an interest or discount rate and
mortality table as set forth in this paragraph. The interest rate will be
equal to the post-retirement rate of interest that was used to determine the
minimum funding requirement pursuant to Chapter 112, Florida Statutes,
for the plan year that precedes the plan year during which the benefit is
being determined. The mortality table will be the unisex mortality table that
is promulgated by the Commissioner from time to time for purposes of
determining lump sum values pursuant to Code section 417(e)(3).
76
DB PIAN RESTATED SEPTEMBER 23,2010 AND AMENDED AS OF JUNE 2.201 1
EXHIBIT “B”
FLORIDA MUNICIPAL PENSION TRUST FUND
DEFINED BENEFIT PLAN AND TRUST
ADOPTION AGREEMENT
The undersigned employer adopts the Florida Municipal Pension Trust Fund Defined Benefit Plan and
Trust for those Employees who shall qualify as Participants hereunder, to be known as the City of Palm
Beach Gardens General Employees’ Pension Plan. It shall be effective as of the date specified below.
The Employer hereby selects the following Plan specifications:
EMPLOYER INFORMATION
Employer:
Contact Name and Title:
Address: 10500 North Military Trail
Citv of Palm Beach Gardens
Allan Owens, Finance Director
Palm Beach Gardens, FL 33418
Telephone: 561 -799-41 63
NAME AND ADDRESS OF TRUSTEE:
Florida Municipal Pension Trust Fund
301 South Bronough , P.O. Box 1757
Tallahassee, FL 32302-1 757
TEL: (850) 222-9684 Fax: (850)222-3806
LOCATION OF EMPLOYERS PRINCIPAL OFFICE:
The Employer is located in the State of Florida and this Trust shall be enforced and construed under the
laws of the State of Florida.
EMPLOYER FISCAL YEAR:
Twelve months commencing on October 1st and ending on September 30th.
A. PLAN INFORMATION
This Adoption Agreement shall establish a Plan and Trust with the following provisions:
AI) Effective Date:
Effective Date: February 6, 1997
A2) Plan Year (12 consecutive months): Beginning October 1 and ending September 30
A3) Plan Anniversary Date (Annual Valuation Date): October 1
City of Palm Beach Gardens General Employees' Pension Plan
ADOPTION AGREEMENT
Name of Plan Administrator:
Florida League of Cities, Inc.
Post OfFice Box 1757
Tallahassee, Florida 32302-1 757
Tel: (850) 222-9684 Fax: (850) 222-3806
Florida Municipal Pension Trust Fund I.D. Number:
59-2961 075
Plan's Aslent for Legal Process:
B. PLAN
The Plan represents the General Employees of the City of Palm Beach Gardens:
C. ELIGIBILITY
All general employees who are members of the system as of the effective date shall remain
members of the system. All general employees who are not members of the system as of the
effective date, and all future new general employees, including reemployed retirees, shall be
ineligible to become members of this system.
D. SALARY
Salary means the total compensation for services rendered to the city, reportable on the
member's W-2 form, plus all tax deferred, tax sheltered or tax exempt items of income derived
from elective employee payroll deductions or salary reductions. Compensation in excess of
limitations set forth in Section 401 (a)(l7) of the Code shall be disregarded. The limitation on
compensation for an "eligible employee" shall not be less than the amount which was allowed
to be taken into account hereunder as in effect on July 1, 1993. "Eligible employee" is an
individual who was a member before the first plan year beginning after December 31, 1995.
E. CREDITED SERVICE
Means the total number of years and fractional parts of years of service as a general employee
with member contributions, when required, omitting intervening years or completed months
when such member was not employed by the city as a general employee. A member may
voluntarily leave his accumulated contributions in the fund for a period of five years after
leaving the employ of the city pending the possibility of being rehired, and remaining employed
for a period of not less than three years, without losing credit for the time that he was a
member of the system. If a member who is not vested does not remain employed for a period
of three years upon reemployment within five years, then his accumulated contributions, if
$1,000.00 or less, will be returned. If a member who is not vested is not reemployed within five
years, his accumulated contributions, if more than $1,000.00 will be returned only upon the
written request of the member and upon completion of a written election to receive a cash
lump sum or to rollover the lump sum amount on forms designated by the board. If a vested
member leaves the employ of the city, his accumulated contributions will be returned only upon
2
City of Palm Beach Gardens General Employees' Pension Plan
ADOPTION AGREEMENT
F.
G.
his written request. Upon return of his accumulated contributions, all of his rights and benefits
under the system are forfeited and terminated.
AVERAGE FINAL COMPENSATION
One-twelfth of the average earnings during the three best consecutive years of creditable
service out of the last five years of credited service prior to retirement, termination, or death, or
the career average as a full-time general employee, whichever is greater. A year shall be 12
consecutive months.
BENEFIT AMOUNTS AND ELIGIBILITY (Section 6)
Normal Retirement Date (Section 6.01):
A members normal retirement date shall be the first day of the month coincident with, or
next following attainment of age sixty-two (62) regardless of years of credited service,
provided the participant is vested at the time of termination of employment. Members
reaching their Normal Retirement Date shall become one-hundred percent (1 00%)
vested in their accrued benefit on the member's normal retirement date. Normal
retirement under the system is retirement from the city on or after the normal retirement
date.
Normal Retirement Benefit (Section 6.02):
A member retiring hereunder on or after his normal retirement date shall receive a
monthly benefit which shall commence on the first day of the month next following his
retirement and be continued thereafter during member's lifetime and ceasing upon
death, but with 120 monthly payments guaranteed in any event. The monthly retirement
benefit shall equal two and one-half percent of average final compensation for each
year of credited service.
Early Retirement Date (Section 6.03):
A member may retire on his early retirement date which shall be the first day of any
month coincident with or next following the attainment of age fifty-five (55) and the
completion of ten (IO) years of credited service. Early retirement under the system is
retirement from employment with the city on or after the early retirement date and prior to
the normal retirement date.
Early Retirement Benefit (Section 6.04):
A member retiring hereunder on his early retirement date may receive either a deferred
or an immediate monthly retirement benefit payable in the same form as for normal
retirement as follows:
3
H.
City of Palm Beach Gardens General Employees' Pension Plan
ADOPTION AGREEMENT
(1 1
A deferred monthly retirement benefit which shall commence on what would have been
his normal retirement date had he continued employment as a general employee and
shall be continued on the first day of each month thereafter. The amount of each such
deferred monthly retirement benefit shall be determined in the same manner as for
retirement on his normal retirement date except that credited service and average final
compensation shall be determined as of his early retirement date; or
An immediate monthly retirement benefit which shall commence on his early retirement
date and shall be continued on the first day of each month thereafter. The benefit
payable shall be as determined in paragraph (1) above, reduced by one-fifteenth for
each of the first five years and one-thirtieth for each of the next five years by which the
commencement of benefits precedes the date which would have been the member's
normal retirement date had he continued employment as a general employee.
(2)
DISABILITY BENEFITS (Section 8)
(a) Disability benefits. Any member who shall become totally and permanently disabled to the
extent that he is unable, by reason of a medically determinable physical or mental impairment,
to render useful and efficient service as a general employee in his current position or in
another position that the city makes available to him, shall, upon establishing the same to the
satisfaction of the board, be entitled to a monthly pension equal to two and one-half percent of
his average final compensation multiplied by his total years of credited service. Terminated
persons, either vested or non-vested, are not eligible for disability benefits, except that those
terminated by the city for medical reasons may apply for a disability within 30 days after
termination.
(b) Conditions disqualifying disability benefits. Each member who is claiming disability benefits
shall establish, to the satisfaction of the board, that such disability was not occasioned
primarily by:
(1) Excessive or habitual use of any drugs, intoxicants or narcotics.
(2) Injury or disease sustained while willfully and illegally participating in fights, riots or
civil insurrections.
(3) Injury or disease sustained while committing a crime.
(4) Injury or disease sustained while serving in any branch of the Armed Forces.
(5) Injury or disease sustained after his employment as a general employee with the
city shall have terminated.
(6) Willful, wanton or intentional misconduct or gross negligence of the member.
(7) Injury or disease sustained by the member while working for anyone other than the
city and arising out of such employment.
(8) A condition preexisting the general employee's membership in the system. No
member shall be entitled to a disability pension because of or due to the aggravation of
a specific injury, impairment or other medical condition pre-existing at the time of
membership in the system, provided that such pre-existing condition and its
relationship to a later injury, impairment or other medical condition be established by
competent substantial evidence. Nothing herein shall be construed to preclude a
4
City of Palm Beach Gardens General Employees' Pension Plan
ADOPTION AGREEMENT
disability pension to a member who, after membership in the system, suffers an injury,
impairment or other medical condition different from some other injury, impairment, or
other medical condition existing at or prior to said membership.
(c) Physical examination requirement. A member shall not become eligible for disability
benefits until and unless he undergoes a physical examination by a qualified physician or
physicians and/or surgeon or surgeons, who shall be selected by the board for that purpose.
The board shall not select the member's treating physician or surgeon for this purpose except
in an unusual case where the board determines that it would be reasonable and prudent to do
so.
Any retiree receiving disability benefits under provisions of this article may be required by the
board to submit sworn statements of his condition accompanied by a physician's statement
(provided at the retiree's expense) to the board annually and may be required to undergo
additional periodic re-examinations by a qualified physician or physicians and/or surgeon or
surgeons who shall be selected by the board, to determine if such disability has ceased to
exist. If the board finds that the retiree is no longer permanently and totally disabled to the
extent that he is unable to render useful and efficient service as a general employee, the board
shall recommend to the city that the retiree be returned to performance of duty as a general
employee, and the retiree so returned shall enjoy the same rights that member had at the time
he was placed upon pension. In the event the retiree so ordered to return shall refuse to
comply with the order within 30 days from the issuance thereof, he shall forfeit the right to his
pension.
The cost of the physical examination and/or re-examination of the member claiming or the
retiree receiving disability benefits shall be borne by the fund. All other reasonable costs as
determined by the board incident to the physical examination, such as, but not limited to,
transportation, meals and hotel accommodations, shall be borne by the fund.
If the retiree recovers from disability and reenters the service of the city as a general
employee, his service will be deemed to have been continuous, but the period beginning with
the first month for which he received a disability retirement income payment and ending with
the date he reentered the service of the city will not be considered as credited service for the
purposes of the system.
The board shall have the power and authority to make the final decisions regarding all
disability claims.
(d) Disabilitypayments. The monthly benefit to which a member is entitled in the event of the
member's disability retirement shall be payable on the first day of the first month after the
board determines such entitlement. However, the monthly retirement income shall be payable
as of the date the board determined such entitlement, and any portion due for a partial month
shall be paid together with the first payment. The last payment will be:
(1) If the retiree recovers from the disability prior to his normal retirement date, the
payment due next preceding the date of such recovery, or
5
City of Palm Beach Gardens General Employees' Pension Plan
ADOPTION AGREEMENT
(2) If the retiree dies without recovering from disability or attains his normal retirement
date while still disabled, the payment due next preceding his death or the 120th
monthly payment, whichever is later. Provided, however, the disability retiree may
select, at any time prior to the date on which benefit payments begin, an optional form
of benefit payment as allowed by the plan, which shall be the actuarial equivalent of the
normal form of benefit.
(e) Benefit Offset. When a member is receiving a disability pension, workers' compensation
benefits pursuant to F.S., Chapter 440, Social Security benefits or any other salary
continuation program provided by the city, for the same disability, and the total monthly
benefits received from all sources (but considering only 50 percent of Social Security benefits
as an offset) exceed 100 percent of the member's final monthly salary, excluding overtime, the
disability pension benefit shall be reduced so that the total monthly amount received by the
member does not exceed 100 percent of such salary. The amount of any lump sum workers'
compensation payment shall be converted to an equivalent monthly benefit payable for ten
years certain by dividing the lump sum amount by 83.9692.
1. DEATH BENEFITS
11) Death Prior to Vestina or Eligibility for Retirement
The beneficiary of a deceased, actively employed member who was not receiving
benefits or was not yet vested or eligible for early or normal retirement shall receive a
refund of 100 percent of the member's accumulated contributions.
12) Death After Vesting or Eligibility for Retirement
The beneficiary of any member who dies while actively employed and who, at the
date of his death was vested or eligible for early or normal retirement, shall be
entitled to a benefit as follows:
(1) If the member was vested, but not eligible for normal or early retirement, the
beneficiary shall receive a benefit payable for ten years, beginning on the date that the
deceased member would have been eligible for early or normal retirement, at the
option of the beneficiary. The benefit shall be calculated as for normal retirement based
on the deceased member's vested percentage, credited service and average final
compensation as of the date of his death and reduced as for early retirement, if
applicable. The beneficiary may also elect to receive an immediate benefit, payable for
ten years, which is actuarially reduced to reflect the commencement of benefits prior to
the early retirement date.
(2) If the deceased member was eligible for normal or early retirement, the beneficiary
shall receive a benefit payable for ten years, beginning on the first day of the month
following the member's death or at the deceased member's otherwise normal or early
retirement date, at the option of the beneficiary. The benefit shall be calculated as for
normal retirement based on the deceased member's credited service and average final
compensation as of the date of his death and reduced as for early retirement, if
applicable.
6
J.
Years opredited Service
,a
0-4 C
City of Palm Beach Gardens General Employees' Pension Plan
ADOPTION AGREEMENT
Vested Interest in Accrued Benefit
(percent)
0
(3) A beneficiary may elect an optional form of benefit as provided for in the plan and
the board may elect to make a lump sum payment pursuant to provisions of the plan.
(4) A beneficiary may, in lieu of any benefit provided for in (1) or (2) above, elect to
receive a refund of the deceased member's accumulated contributions.
m
- 8 im irr
D
r 10 lr
6
- 7 !e
- 9 !n
TERMINATION OF EMPLOYMENT AND VESTING
40
55
__I 70
85
I00
If a member terminates his employment as a general employee, either voluntarily or by
discharge, and is not eligible for any other benefits under this system, the member
shall be entitled to the following:
1) If the member has less than five (5) years of credited service upon termination the
member shall be entitled to a refund of the money he has contributed or the member
may leave it deposited with the Fund.
2) Every member who has attained his normal retirement date shall be fully vested in
his accrued retirement benefit regardless of his credited service. Except as
otherwise provided herein, each member not otherwise fully vested shall have a
minimum vested interest in the amount of his accrued benefit equal to the
percentage thereof, as hereinafter indicated, applicable to the number of his years
of credited service:
Each member shall at all times and in all events have a fully vested interest in his
accumulated contributions. No member's vested interest is to be reduced as a
result of any amendment to this section; however, any increase in a member's
vested interest will be determined by the vesting schedule in effect at the time of his
separation from service.
3) If the member has five or more years of credited service upon termination, the
member shall be entitled to a monthly retirement benefit, determined in the same
manner as for normal or early retirement and based upon the percentage of vested
interest, the member's credited service, average final compensation and the benefit
7
K.
L.
M.
N.
City of Palm Beach Gardens General Employees' Pension Plan
ADOPTION AGREEMENT
accrual rate as of the date of termination, payable to him commencing at member's
otherwise normal or early retirement date, provided he does not elect to withdraw
his accumulated contributions and provided member survives to his otherwise
normal or early retirement date. If a member does not withdraw his accumulated
contributions and does not survive to his otherwise normal or early retirement date,
his designated beneficiary or his spouse at the time of his death shall be entitled to
a benefit pursuant to provisions of the plan.
EMPLOYEE CONTRIBUTIONS (Section 5.01):
Each member of the system shall be required to make regular contributions to the fund in the
amount of six percent of his salary. Member contributions withheld by the city on behalf of the
member shall be deposited with the board at least monthly. The contributions made by each
member to the fund shall be designated as employer contributions pursuant to Section 414(h)
of the Code. Such designation is contingent upon the contributions being excluded from the
members' gross income for federal income tax purposes. For all other purposes of the system,
such contributions shall be considered to be member contributions.
COST OF LIVING ADJUSTMENT ( Not applicable)
DEFERRED RETIREMENT OPTION PROGRAM-"DROP" (Not applicable)
BOARD OF TRUSTEES
The sole and exclusive administration of and responsibility for the proper operation of the
system and for making effective the provisions of this article are hereby vested in a board of
trustees. The board is hereby designated as the plan administrator. The board shall consist of
three trustees: one of whom shall be a member of the system, a retiree or, if a member or
retiree is unwilling or unable to serve, the human resources director or hidher designee; one of
whom shall be the city manager or his/her designee; and one of whom shall be the finance
administrator or hidher designee. The board shall meet at least semi-annually each year. The
board shall be a legal entity with, in addition to other powers and responsibilities contained
herein, the power to bring and defend lawsuits of every kind, nature, and description.
8
City of Palm Beach Gardens General Employees’ Pension Plan
ADOPTION AGREEMENT
This Adoption Agreement shall be used only in conjunction with the Basic Plan Document.
This Adoption Agreement and the Basic Plan Document shall together be known as the Florida
Municipal Pension Trust Fund Defined Benefit Plan and Trust.
The Adoption Agreement and the Basic Defined Benefit Plan Document are furnished
for the consideration of the Employer and its legal and financial advisors. The Florida
Municipal Pension Trust Fund advises the sponsoring Employer to consult with its own
attorney and financial advisors on the legal and tax implications of the Defined Benefit
Plan and the Adoption Agreement. Nothing herein should be construed as constituting
legal or tax advice.
We understand that the Employer may amend any election in this Adoption Agreement by giving the
Trustee written notification of such Amendment as adopted.
The Employer hereby agrees to the provisions of the Plan and Trust
IN WITNESS WHEREOF, the Employer and Trustee hereby cause this Agreement to be executed on
the dayof ’ 20-.
EMPLOYER:
(Name of Employer)
By: Date:
Date:
(Name of Trustee)
Date:
(Name of Trustee)
9
CITY OF PALM BEACH GARDENS CITY COUNCIL
AgendacoVerYWWiWWUm
Meeting DateMarch 1,2012
Resolution 22,2012
SubjectlAgenda Item: Select dates for the July and August regular City Council meeting
Dc] Recommendation to APPROVE
1 Recommendation to DENY
Reviewed by:
n
Submitted by:
Depattment Director
Approved by:
Originating Dept.:
CilVClerk
Patricia w nider.CMC
cily clerk
Advertised: NA
Date:
Paper:
[ x ] Not Required
Affec6edparties
]Notified
[ ] Not required
Costs:$ 0
cr-0
s
Current FY
Funding Source:
t loperating
bl-
COntrpdlAgreement:
Effective Date:
n/a
Budget Ace#
Council Action:
[ ]Approved
[ ]Approvedw/
Conditions
[ ]Denied
[ ] Continued to:
hthchments:
Resolution 22,2012 - Exhibit "Aw
Resolution 90.2010
Meeting Date: March 1,2012
Resolution 22,2012
Page 2 of 2
BACKGROUND: Resolution 90,2010 (attached) modified the schedule for regular City
Council meetings to meet once per month on the first Thursday commencing January
201 1 with the exception of the month of July. That date was established as the Third
Thursday of the month to avoid conffid with the Fanth of July holiday.
STAFF RECOMMENDATION: In 201 1 , City Council modified both the July and August
meetings to the second Thursday of each month in an effort to allow staff sufficient time to
prepare agenda items, advertisements, and notices.
If the Council chooses to keep with last year's schedule, the proposed dates are:
July - Thursday, July 12, 2012
August - Thursday, August 9,2012
Staff recommends approval of Resolution 22,2012 as presented.
F
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RESOLUTION 22,2012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF
REGULAR CITY COUNCIL MEETINGS FOR THE MONTHS OF
JULY AND AUGUST, 2012; PROVIDING AN EFFECTIVE DATE;
AND FOR OTHER PURPOSES.
WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens
provides that the dates of the regular meetings of the City Council shall be set by
Resolution; and
WHEREAS, pursuant to Resolution 90, 2010, the City Council modified the
regular schedule of the City Council meetings such that the Council meetings shall be
held once per month on the first Thursday of the month at 7:OO p.m., with the exception
of the month of July during which the subject meeting will be held on the third Thursday
at 7:OO p.m.; and
WHEREAS, the City Council has determined that it is in the best interests of the
citizens of the City to modify the schedule of the July meeting as well as the August
meeting, when necessary, to allow ample time in between meetings to prepare
subsequent agendas; and
WHEREAS, the City Council deems approval of this Resolution to be in the best
interest of the health, safety, and welfare of the residents and citizens of the City of
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Regular Meetings of the City Council for the months of July
and August, 2012 shall convene at 7:OO p.m. on the following dates:
July 12,2012 and August 9,2012.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Page 1 of 2
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Resolution 22, 2012
PASSED AND ADOPTED this day of ,2012.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
David Levy, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlCl ENCY
~ R. Max Lohman, City Attorney
VOTE:
MAYOR LEVY
VICE MAYOR PREMUROSO
COUNCILMEMBER RUSSO
COUNCILMEMBER JABLIN
COUNCILMEMBER TINSLEY
AYE NAY ABSENT
e
Page 2 of 2
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RESOLWION 90,2010
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING THE SCHEDULE OF
REGULAR CITY COUNCIL MEETINGS; PROVlMNG AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
WHEREAS, Section 18-3 of the Charter of the City of Palm Beach Gardens
provides thatthe dates ofthe mguh meedings ofthe City Council shall be set by
Resolution or by a vote ofthe majority ofthe members ofthe Council; and
WHEREAS, pursuant to Resdubon - 50, 1999, the City Council's regularly
scheduled meetings have beerr held on the First and Third Thursdays of each month;
and
WHEREAS, the Ci Council has ddennared - thatitisinthebestinterestsofthe
citizens of the Ci to modi the schedule c# mguk Ci Council meetings such that
City Council meetings shall be held once per month on the first Thursday of the month
at 7:OO P.M., with the excepth of the month of July during which the subject meeting
will be held on the third Thursday at 7:OO P.M.; and
WHEREAS, the Ci Council SM, by vote, establii the two (2) required
September meetktgs to adopt the budget and
WHEREAS, the Ci Council may schedule Special Meetings as necessary to
conduct the business dthe City; and
WHEREAS, the Ci Council deems approval of thii Redut~on . tobeinthebest
interests of the health, safety, and wetfare of the residents andcWensoftheCityof
Palm Beach Gardens and the public at large.
NOW, THEREFORE, BE IT RESOLVED BY THE ClTv COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORlDAthat:
SECTION 1. The foregoing recitals am hereby affirmed and ratified.
SECTION 2 The Regular Meetings of the Ci Council of the City of Palm Beach
Gardens, Florida shall canme at 7:OO P.M. on the First Thwsday of each month
commencing January 1 , 201 1, with the exception of the month of July during which the
subject meeting shall convene at 7:OO P.M. on the Third Thursday of the month. The
dates of the two (2) required SepW&er meethgs, necessary to adopt the Cis annual
budget, shall be estab(ished by vdeofthe City Council.
SECTION 3. This Resolubon shall became e&ctive immediately upon adoption.
Page 1 of 2
Resdution 90.2010
1 PASSED AND AOOP7ED this /8%y of P0vw ,2010.
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CIlY OF PAW BEACH GARDENS, FLORIDA
MC, City Clerk
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- AYE NAY ABSENT
MAYOR LR(y
/ VICE MAYOR PREMUROSO ---
cf COUNCILMEMBER RUSSO ---
r/ COUNCILMEMBER JABLIN ---
/- COUNCILMEMBER TINSLEY ---
Page 2 of 2
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 1,2012
SubjectlAgenda Item: Ratification of Non-Renewal of the Franchise Agreement with
Waste Management Inc. of Florida, and Authorization of a Solicitation for Solid Waste,
Recycling, and Vegetative Waste Collection Services.
[XI Recommendation to APPROVE
Recommendation to DENY c1
Reviewed by:
Allan Owens
Submitted by:
Department Director
J. E. Doughney, nl
Deputy City Manager
Approved by:
City Manager
Originating Dept.:
Community Services
Mike Morrow
Operations Director
Advertised: NA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
costs: $0.00
(Total)
$0.00
Current FY
Funding Source:
[X ] Operating
[ ]Other
ContractlAgreement:
Effective Date:
NIA
Expiration Date:
NIA
Budget Acct.#:
NIA
Council Action:
: ] Approved
: ] Approved wl
Conditions
: ] Denied
: ] Continued to:
Attachments:
Resolution 120. 2007
Meeting Date: March 1,2012
Page 2 of 2
BACKGROUND:
On February 16,2006, City Council adopted Ordinance 2,2006 granting a seven- (7) year
exclusive Franchise Agreement for Solid Waste, Recycling, and Vegetative Waste
Collections Services to Waste Management Inc. of Florida. The Agreement was later
clarified and amended under Resolution 120, 2007 to ensure all residential units were
accounted for. The term of the Franchise Agreement is from April 1 , 2006, through March
31 , 201 3. The Agreement provides for an additional five- (5) year extension upon mutually
agreeable terms, but requires the City notify the Contractor twelve (1 2) months prior to the
expiration date of the Agreement. Accordingly, the City must decide, prior to March 31 ,
2012, to either provide notice of its intent to extend the Agreement, or let the deadline
pass, which will allow the Franchise Agreement to expire on March 31, 201 3.
In consideration of the above information and the opportunity to place these services back
into the local market for open competition, City staff recommends the Franchise Agreement
NOT be renewed, and a solicitation for Solid Waste, Recycling, and Vegetative Waste
Collection Services be issued. Lower contract pricing may be available if these services
are competitively solicited. If approved, City staff can begin the process of soliciting and
obtaining a new Franchise Agreement in order to meet the City’s needs for waste collection
services by the end of the existing Agreement.
City staffs recommendation to not exercise the extension option to the existing Franchise
Agreement should not be considered negative commentary regarding the performance of
the current vendor, Waste Management Inc. of Florida. Waste Management has provided
quality service throughout the term of the Franshise Agreement and has fulfilled every
requirement of the Agreement to date.
STAFF RECOMMENDATION: Staff recommends that City Council ratify non-renewal of
the current Franchise Agreement with Waste Management Inc. of Florida, and authorize
the City Manager to proceed with the solicitation process for Solid Waste, Recycling, and
Vegetative Waste Collection Services.
Date Prepared: October 15, 2007
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RESOLUTION 120,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A CLARIFICATION
AND ADDENDUM I TO THE SOLID WASTE, RECYCLING, AND
VEGETATIVE WASTE SERVICES AGREEMENT WITH WASTE
MANAGEMENT, INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City adopted Ordinance 2, 2006 on February 17, 2006,
approving an Agreement with Waste Management, Inc. for a seven (7) year exclusive
Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise, attached
hereto and incorporated herein as Exhibit A; and
WHEREAS, it is the established policy of the City that the cost of residential solid
waste collection services, including container residential solid waste collection services,
be paid from ad valorem tax revenue; and
WHEREAS, it has come to the attention of the parties that certain residential
units were not invoiced by Waste Management, Inc., but that collection services were
performed; and
WHEREAS, the City and Waste Management, Inc. desire to clarify and amend
the Agreement language related to residential container service and the billing of such
item as stated in the Clarification and Addendum I, attached hereto and incorporated
herein as Exhibit B, consistent with the intent of the Council in approving the
Agreement; and
WHEREAS, as part of the Clarification and Addendum I, the City and Waste
Management, Inc. have also amended Exhibit I of the Agreement relating to rates for
roll-off containers greater than 12 cubic yards; and
WHEREAS, to effectuate this Clarification, the City agrees to pay Waste
Management, Inc. for container residential solid waste collection services from April 1 ,
2006, through September 30, 2007, less overcharges for a total of $297,435.48, to be
paid over a twenty-four (24) month period in the amount of $12,393.14 per month; and
WHEREAS, any new container residential solid waste units added after the
effective date of this Resolution will be billed at the rate established under the rates
listed on Exhibit I as part of the attached Clarification and Addendum I; and
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Date Prepared: Odobet 15,2007
Resolution 120,2007
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the Clty of Palm Beach Gardens hereby
approves the Clarification and Addendum I to the Agreement, and hereby authorizes the
Mayor and City Clerk to execute the Clarification and Addendum 1.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: October 15,2007
Resolution 120, 2007
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PASSED AND ADOPTED this bW day of -6 CR ,2007.
ATTEST:
CITY OF PALM BE
BY:
/
BY: /a<
Patricia Snider, CMC, C ty Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO c/
y'
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---
VICE MAYOR LEVY ---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT --- r/
G:\attorney-share\RESOLUTlONS\waste mgmt amend - reso 120 2007.doc
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Date Prepared: October 15, 2007
Resolution 120, 2007
EXHIBIT “A”
Date Prepared: November 0,2005
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ORDINANCE 2,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA GRANTING AN EXCLUSIVE SOLID
WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION
SERVICES FRANCHISE TO WASTE MANAGEMENT, INC.;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FRANCHISE AGREEMENT WIW WASTE MANAGEMENT, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 11 , 2005, the City issued a Request for Qualifications
and Bid for Solid Waste and Recycling Collection Services; and
WHEREAS, Waste Management, Inc. was determined to be the most responsible,
responsive bidder based on qualifications and cost; and
WHEREAS, the parties desire to enter into a seven (7) year exclusive Franchise
Agreement, which is attached hereto as Exhibit #A'' and by this reference made a part
hereof; and
WHEREAS, this Ordinance has been posted publidy for a period of thirty (30) days
pursuant to the pmvisions of Section 18-5 of the Charter of the City of Palm Beach
Gardens; and
WHEREAS, the Ci Council has detennined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The City Council of the City of Palm Beach Gardens hereby grants to
Waste Management, Inc. a seven (7) year exclusive Solid Waste, Recyding, and Vegetative
Waste Colledion Services Franchise and authorizes the Mayor and City Clerk to execute the
Franchise Agreement on behalf of the Ci.
SECTION 2. This Ordinance shall become effective immediately upon adoption.
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Date prepared: November9.2005
~Z2006
PASSED this day of JwuW? ,2006, upon first reading.
PASSED AND ADOPTED this 16”’ day of ckawu~ ,2006, upon second
and final reading.
CITY OF PALM AGAINST ABSENT
ATTEST
?
BY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
BID TABULATION FORM (REFERENCE Po. 5233)
FIRMS WT HAVE SUBMITTED
WAURCATlONS 6 BIDS
1114105
REPUBLIC SERVICES
SOUTHERN WASTE
SYSTEMS
A
ESIDENTUL
SOLID WASTE 6 RECYCLING SERVICES
a. Solld Wash Curbride tnro(2) per-
b. VqeWhm Curbsid. OM (1) per week
c. Recycling Curbeldo one (1) per wwk
UNIT COST PER MONTH
TOTAL 313.76 X 20,099 X 12
Rmidontlal Curb Total Annual Cost: 5 3.318.740.88
oOlkn(S7.61 )
Dollam( $3.05 )
Dollars (S 3.10 )
YNK COST PER MONTH
a. Solid Waste Curbold. two (2) per week
b. VegrWw Curbold. OM (1) per week
c. R.cydlng Curb.ld. one (1) por week
UNIT COST PER MONTH
TOTAL # l3.9z X 20,m X 12
Rll)donti.l Curb Total Annual Cost
Dolhn ($ 7.32 )
o~it.n(s 4.30
Oolkn(S 235 )
&Lw!kma
8.
RESIDENTW
SOU0 WASTE 6 RECYCLING SERVICES
YNK COST PE R MONTH
a- Sdid Wasto Contrlrnr two (2) pu wook
b. Recyellng Containor on0 (1) pw wwk
UNIT COST PER MONTH
TOTAL $10.49 X 3,725 X 12 =
Dollars ($ 7.39 )
Dollars (8 3.10 )
Residential Container Total Annual Cost: # 468.903 .oo
UNIT COST PER MOW
a. Solld Wash Contalnn two (2) por week
b. Recycling Container on. (1) per wook
UNIT COST PER MONTH
TOTAL $9.67 X 3,725 X 12 =
Dollam( 8 7.32 )
Dollars (8 2.35 )
Rosidontlal Container Totri Annual Cost: 8 432.2-
C.
COMMERCIAL
SERVICES
SOUD WASTE 6 =cy(
UNIT COST PFR Mob
Containor
Dollars ($8.55 )
Commercial Total Annual C
$2.565.000.00
YNIT COST PER MOI
Container
Doll-($ 3.92
Commrrclal Total Annual C 1 1.176.ooQQp
1
WASTE MANAGEMENT
WASTE PRO
A
RESiDENTIAL
SOLID WASTE 6 RECYCLING
SERVICES
CURBS IDE
YWCO ST PER Mom
L Wld Wasto Cufbslde two (2) por W Dollars( $ 4.S3 )
b. Vegetative Curbslde one (1) per vlmk Dollars ( S 1.46 )
E. Recydlng Curbsid. one (1) per week Dollars (S 1.98 )
UNIT COST PER MONTH
roTAL t1.07 x 20,099 x 12 =
Rorldentlal Curb Total Annual Cost: b 1.922.2W.s
YNIT COS T PER MONW
L Solld Waste Curbslde two (2) per wwk
b. Vegetative Curbside OM (1) per week
s. Rocfillng Curbslck one (1) per week
UNIT COST PER MONTH
TOTAL $13.61 X 20,099 X 12 =
Re.ld.ntlal Curb Total Annual Cost:
Ddlars(S 8.S )
Dollars($ 2.14 )
Dollars($ 2.89 )
B.
RESIDENTIAL
SOLID WASTE 6 RECYCLING
SERVICES
CONTAINER
UNIT COST PER M OW
B. Solld Waste Container two (2) per wwk
b. R.cycllng ConWner one (1) por nmk
UNIT COST PER MONTH
Dollars( S 4.23 )
bollam($ 1.08 )
roim ax 3,725 x 12 =
Residentlal Contalner Total Annual Cost: F 271.SE7.00
YNIT COST PER Mom
n. Solld Waste Contalner two (2) per week
b. lkcycllng ConWner one (1) per week
Dollam($ 8.S )
Dollars($ 2.89 )
UNIT COST PER MONTH roim $1 1.47 x 20,099 x 12 =
Reddentlal Contalnor Total Annual Cost:
1512.709.00
C.
COMMERCIAL
SOLID WASTE 6 RECY
SERVICES
CONTAINER
UNIT COST PER Ma
Contalner
Dollars (S 6.36 ]
Commerclal Total Annual C p 1.908.000.00
UNIT COST PER MO b
Container
~oiian (s 4.99
~ommerclal Total Annual C
1.497.000.0Q
2
Waste Management, Inc.
services FY 2005 Extension RFP Pricing i
1 w115-313116
_wid waste (m) $aa2,74a.oa $957,516.36 $1,092,581.60
vegetative (1 .OX/wk) $301,4aS.00 $325,603.80 $352.1 34.48
Approved Contractor Rate Schedule
Annual Cost Review
Fbcwling (1 .OW)
Admin Fae
Total
$301,485.00 $378,665.16 $477,552.28
$1 ,485,718.08 $1,661,785.20 $1,922,268.36
services FY 2005 EXteflSh RFP Pricing
1 OIl/W31/6
Mid Waste (WEUuk)
Recycling (1 .OxEwk)
Admin Fee I I $24,585.00 I
Total $176,565.00 I $272,223.00 $277,687.00
$106,386.00 $1 77,459.00 $1 89,081 .OO
$70,179.00 $70,179.00 $88,506.00
1 WlIS-3131/6
L
COntabRate (per cub& yard: pcy) $1 ,131 ,OOO.00 $l,Q5o,OoO.00 $1,908,o0O.00
Total $1 ,I 31 ,OOO.OO $1,950,o0o.00 $1,908,o0O.00
SOLID WASTE AND RECYCLING.
COLLECTION SERVICES AGREEMENT
Between
CITY OF PALM BEACH GARDENS
WASTE MANAGEMENT INC. OF FLORIDA
and
1
TABLE OF CONTENTS I
1 . TERM ............................................................................................................................ 6
2 . DEFINITIONS .............................................................................................................. 6
3 . SERVICES PROVIDED BY CONTRACTOR ......................................................... 10
4 . SOLID WASTE. RECYCLING. AND VEGETATIVE WASTE COLLECTION
SERVICE ..................................................................................................................... 11
A .
B .
C .
D .
E .
F .
G .
H .
I .
J .
K .
Curbside Residential Solid Waste Collection ................................................. 11
1 .
Curbside Residential Vegetative Waste Collection Services .......................... 12
1 . Conditions and Frequency of Service .................................................. 12
Curbside Residential Recycling Collection Service ........................................ 12
1 .
2 . Recycling Containers ............................................................................ 13
Container Residential Solid Waste Collection Service ................................... 13
1 . Conditions and Frequency of Service .................................................. 13
Container Residential Recycling Collection Service ....................................... 14
1 . Conditions and Frequency of Service .................................................. 14
Commercial Solid Waste Collection Service .................................................. 14
1 . Conditions and Frequency of Service .................................................. 14
2 . Level, Type. and Disclosure of Rates for Commercial Collection and
Other Services ....................................................................................... 15
a) . Commercial Solid Waste Collection Service ...................................... 15
b) . Disclosure ............................................................................................ 15
Commercial Recycling Collection Service ...................................................... 16
1 .
2 . Level, Type, and Disclosure of Rates for Commercial Recycling
Collection and Other Service ............................................................... 17
3 . Ownership ............................................................................................ 17
Accessibility ..................................................................................................... 18
I . Curbside Residential ............................................................................ 18
2 . Container Residential ........................................................................... 18
3 . Commercial .......................................................................................... 18
Method of Payment .......................................................................................... 18
Method of Collection ....................................................................................... 18
Hours of Collection .......................................................................................... 19
Conditions and Frequency of Service .................................................. 11
Conditions and Frequency of Service .................................................. 12
Conditions and Frequency of Service .................................................. 16
2
L .
M .
N .
0 .
Routes and Schedules ....................................................................................... 1 9
Materials Recycling Facility ............................................................................ 20
Recycling Containers for Residential Dwelling Units .................................... 19
Change in Scope of Recycling Collection Service .......................................... 20
5 . CHARGES. RATES. AND LEVEL OF SERVICES ................................................ 20
A . Solid Waste and Recycling Collection Services ............................................. 20
B . City's Obligation - Billing. Collection. Payments .......................................... 20
C . Solid Waste Disposal Costs ............................................................................. 21
D . Extraordinary Rate Adjustment ....................................................................... 22
E . Extraordinary Rate Adjustment Fuel ............................................................... 22
F .
G . Contract. Service Fee ........................................................................................ 22
Annual Rate Adjustment .................................................................................. 22
6 . HOLIDAYS ................................................................................................................. 23
7 . SPECIAL SERVICES ................................................................................................. 23
8 . PUBLIC AWARENESS PROGRAM ........................................................................ 23
9 . MANNER OF COLLECTION ................................................................................... 23
10 . PERSONNEL OF THE CONTRACTOR .................................................................. 24
1 1 . SPILLAGE .................................................................................................................. 24
I2 . SOLID WASTE AND MATERIAL RECYCLING FACILITIES ........................... 24
13 . COLLECTION EQUIPMENT ................................................................................... 25
14 . SPECIAL WASTE. HAZARDOUS WASTE. BIOHAZARDOUS OR
BIOMEDICAL WASTE. AND SLUDGE ................................................................. 25
1 5 . OFFICE AND EQUIPMENT YARD ........................................................................ 25
16 . COMPLAINTS ............................................................................................................ 26
1 7 . QUALITY OF PERFORMANCE OF CONTRACTOR ........................................... 26
1 8 . NATURAL DISASTERS ........................................................................................... 28
19 . UNCONTROLLABLE CIRCUMSTANCES ............................................................ 29
3
20 .
21 .
22 .
23 .
24 .
25 .
26 .
27 .
28 .
29 .
30 .
31 .
32 .
33 .
34 .
35 .
36 .
37 .
38 .
39 .
40 .
PERMITS AND LICENSES ...................................................................................... 29
PERFORMANCE BOND ........................................................................................... 29
EMPLOYEE WAGES AND BENEFITS .................................................................. 29
INSURANCE .............................................................................................................. 29
A .
B .
Workers’ Compensation Insurance .................. .............................................. 30
Liability Insurance ........................................................................................... 30
INDEMNIFICATION ................................................................................................. 30
ACCESS AND AUDITS ............................................................................................ 30
POINT OF CONTACT ............................................................................................... 30
NOTICE ....................................................................................................................... 30
DEFAULT OF CONTRACT ...................................................................................... 31
PUBLIC WELFARE ................................................................................................... 32
RIGHT TO REQUIRE PERFORMANCE ................................................................. 33
TITLE TO WASTE ..................................................................................................... 33
GOVERNING LAW AND VENUE .......................................................................... 33
COMPLIANCE WITH LAWS ................................................................................... 33
SEVERABILITY ........................................................................................................ 33
ASSIGNMENT AND SUBLETTING ....................................................................... 33
MODIFICATION ....................................................................................................... 34
INDEPENDENCE OF AGREEMENT ...................................................................... 34
ANNEXATIONS ....................................................................................................... -34
CHANGE OF LAW .................................................................................................... 34
OTHER RATE ADJUSTMENTS .............................................................................. 34
4
4 1 .
42 .
43 .
44 .
45 .
46 .
PUBLIC ENTITY CRIMES ....................................................................................... 34
SUBSTANTIAL COMPLIANCE .............................................................................. 34
COMMUNITY SERVICE .......................................................................................... 34
CONTRACT PREPARATION .................................................................................. 34
FISCAL FUNDING .................................................................................................... 35
COMPETITIVE EQUALITY ..................................................................................... 35
I
11
111
IV
V
VI
VI1
Approved Contractor Rate Schedules ......................................................... 11-1v
Residential Solid Waste Disposal Credit Calculation ...................................... V
Annual Financial Reporting Format ......................................................... VI-VI1
Performance Bond Requirement ................................................................... v111
Quarterly Financial Reporting Format ............................................................. IX
Non-Assessed Residential Disposal Compensation Procedure ................. x-x11
Collection Preparation and Implementation Plan ......................................... x11
5
SOLID WASTE AND RECYCLING
COLLECTION SERVICES AGREEMENT
THIS AGREEMENT is hereby made and entered into this day of ,2005,
between the ClTY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of
the Stale of Florida, which municipality is wholly located within the boundaries of Palm Beach County, Florida
(hereinafter referred to as "CITY") and WASTE MANAGEMENT INC. OF FLORIDA (hereinafter referred to as
"Conhactor") .
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration and the mutual promises contained herein, the parties agree as follows:
1. TERM:
This Agreement shall be for the period of seven (7) years commencing on April I, 2006, and expiring March
30,2012. Nothing herein, however, shall prevent the City and the Contractor from extending this Agreement mutually
agreeable terms for an additional five (5) year term should the City notify he Contractor within twelve (12) months in
advance of the natural expiration date of this Agreement. Any changes to the Agreement must be approved by the City
Council in accordance with applicable ordinance(s).
2. D EFlN ITIONS :
To the extent the definitions contained herein conflict with similar definitions contained in any federal, state, or
local law, the definitions herein shall prevail. However, nothing contained herein shall be interpreted to require the
Contractor to undertake any conduct, which is contrary to federal, state, or local law.
A. Authority shall mean the Solid Waste Authority of Palm Beach County.
B. Biohurrdous or Biomedical Wastes shall mean those waqtes which may cause disease or
reasonably be suspected of harboring pathogenic organisms, including, but not limited to, waste
resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.
Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged or bundled,
including, but not limited to, inoperative and discarded refrigerators. ranges, toilets, pool heaters,
water softcners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles. and other similar
domestic appliances, household goods, and furniture and shall not be commingled with Vegetative
Waste. There shall be no weight limit for any item oiBulk Trash.
C.
D. Collection shall mean the process whereby solid waste, including, but not limited to, Garbage, Trash,
Bulk Trash, Vegetative Waste, or Recyclable Material is removed and transported to a Designated
Facility.
E. Collection Route shall mean a fvted or custoniary course of travel assigned to a crew and scheduling
the order of stops From one pint to another covering a defined area of territory.
F. Collection Schedule shall mean the day(s) of each week divided into service day halves (AMPM)
pick -up that customers will receive specified collection senice.
6
C. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the
Contractor from customers within the Service Area that are not serviced by Residential Recycling
Collection Service.
H. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash, or Vegetative Waste that is
not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash, or
Bulk Trash with Vegetative Waste.
I. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
within the Service Area. Such service includes both Containers and Compactors, but does not include
Roll-off Collection Services.
J.
K.
Compactor shall mean any container, which has compaction mechanism(s), whether stationary or
mobile, all inclusive.
Construction and Demolition Debris (C&D) shall mean materials generally considered to be not
water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a
struchm as pa of a construction or demolition project. Mixing of a de nlinimis amount of waste
other than C&D from the construction site will not automatically cause it to be classified as other than
C&D.
L. Container shall mean and include any container typically of one (1) cubic yard capacity or larger
designed or intended to be mechanically dumped into a loader packer type or hoisted onto the bed or
rails of a truck. All Containers must be of standard industry specifications including size(s) and in
common use in Palm Beach Counfy.
M. Container Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from Dwelling Units in the Service Area that requires the use of
Containers for the collection of Recyclable Materials and which also receive Residential Collection
Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling
Facility or designated Solid Waste Authority transfer station. This service shall be considered a
commercial service account for billing purposes which the Contractor shall invoice monthly.
N. Container Residential Solid Waste Collection Service shall mean solid waste collection service of
all Dwelling Units whose Garbage, Trash, or Bulk Trash is collected by means of a central or shared
Container and not by means of a Garbage Can. Vegetative Waste collection service is not provided.
This service shall be considered a commercial service account for billing purposes which the
Contractor shall invoice monthly.
0. Contract shall mean this Agreement executed between the City and the Contractor for the
performance of the services as provided in this Agreement.
P.
Q.
Contractor shall mean that person or entity set out initially above that has entered into this
Agreement to provide the services described herein for the Service Area.
Contract Administrator shall mean the person(s) designated by the City who shall act as the City's
representative in the administration and supervision of this Agreement during its term.
R.
S.
County shall mean Palm Beach County, Florida.
Curbside Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor fiom all Dwelling Units in the Service Area that also receive Curbside
Residential Solid Waste Collection Service for Solid Waste and other Dwelling Units as are
7
T.
designated by the City, and the delivery of those Recyclable Materials to the Solid Waste Authority's
Materials Recycling Facility or designated Solid Waste Authority transfer station.
Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and
Vegetative Waste Collection service for all Dwelling Units whose Garbage and Vegetation are
collected in separate pick-ups by means of a Garbage Can at curbside or roadway.
U.
V.
Department shall mean the Florida Department of Environmental Protection.
Disposal Costs shall mean the "tipping fees'' and the landfill or processing costs charged to the
Contractor by others for disposal or processing of the waste collected by the Contractor.
W. Designated Facility shall mean a Solid Waste Authority of Palm Beach County-owned or permitted
facility.
X.
Y.
z.
AA.
BB.
cc.
DD.
EE.
FF.
GG.
Dwelling Unit shall mean any type of structure or building unit intended for or capable of being
utilized for residential living other than a licensed Hotel or Motel unit.
Fiscal Year shall mean the period between October 1 of a given year and September 30 of the
following year during this Agreement.
Garbage shall mean all putrescible waste, which generally includes, but is not limited to, kitchen and
table food waste, animal, vegetable, 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
comnxrcial 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.
Garbage Receptacle or Can shall mean a can of rigid plastic or galvanized metal or heavy-duty
plastic bag which when full do not exceed 50 pounds in total weight or 45 gallons in size.
Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by any
future legislative action or by federal, state, or local law.
Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential
living where such unit or a group of such units is regularly rented to transients or held out or
advertised to the public as a place regularly rented to transients for periods of seven days or less. To
meet this definition, the Hotel or Motel must be licensed to operate as such. "Transient" has the
meaning as defmed in Chapter 509, Florida Statutes (1987). or its successor law.
Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for, or on
behalf of or designated by, the City for the purpose of receiving, sorting, processing, storing, and/or
preparing Recyclable Materials for sale, as specifically designated in writing by the Contract
Administrator.
Mixed Paper shall be defmed as a mixture of paper products including magazines, catalogues, phone
books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letler paper, junk
mail, notebook paper, and any other clean paper products.
Peak Times shall mean the period between November 1 of a given year and April 30 of the following
year, unless otherwise specified by the City.
Public Awareness Program shall mean that program developed by the City to inform and encourage
residential and commercial solid waste collection customers to use all solid waste and recycling
collection services offered by the City through the Agreement. It shall also mean information
concerning level of service and changes in scope of service.
a
HH. Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass
bottles and jais, milk and juice cartons, aseptic containers, cormgated cardboard, brown paper bags,
Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid
waste materials added upon Agreement between the City 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.
11.
JJ.
KK.
Recycling Container shall mean a rigid, nestable bin of approximately 18-gallon capacity made of
plastic or other suitable substance that is used for the storage of Recyclable Materials.
Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection
Services and Container Residential Recycling Collection Service.
Residential Solid Waste shall mean Garbage, Trash, and Bulk Trash resulting from the normal
housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid
Waste shall also mean Construction and Demolition Debris (C&D) resulting from minor home repair
from the Dwelling Unit, not to exceed five (5) cubic yards of Construction and Demolition Debris
material per collection.
LL.
MM.
NN.
00.
Residential Solid Waste Collection Service shall mean Curbside Residential Solid Waste Collection
Service and/or Container Residential Solid Waste Collection Service.
Residential Vegetative Waste shall mean vegetative waste generated from residential property,
occupied by a dwelling unit, within the service area.
Residential Vegetative Waste Collection Service shall mean Curbside Residential Vegetative Waste
Collection Service.
Rolhff Collection Service shall mean the Collection of C&D only roll-off containers, or the
Collection of C&D by other mechanical means, within temporary locations in the Service Area,
limited to new construction sites and remodeling or refurbishment sites. Roll-off Collection Service
shall also mean the collection of horticultural or agricultural wastes at hotticultural or agricultural
nurseries, but only when the customer chooses to use roll-off containers for horticultural or
agricultural waste, and hotticultural and agricultural waste shall not include any other type of waste,
including, but not limited to, Special Waste, Garbage, or Recyclable Material.
PP. Service Area shall mean the area within the incorporated boundaries of the City of Palm Beach
Gardens for which the mandatory solid waste collection and recycling collection program is
administered.
QQ. Sludge shall mean a solid, semi-solid, or liquid generated from any waste water treatment plant, water
supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and
related operations, or any other such waste having similar characteristics or effects.
RR.
ss.
Solid Waste Authority Disposal Facility shall mean place or places specifically managed, operated,
or permitted by the Solid Waste Authority of Palm Beach County.
Special Services shall mean any services requested or required by the customer which are in addition
to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection
Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service
as set out or similar to those listed in Exhibit 1, attached hereto and by this reference incorporated
herein.
9
IT.
uu.
w.
ww.
xx.
w.
Special Waste shall include, but not be limited to, automobiles, boats, internal combustion engines,
non-automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste,
liquid waste, and Hazardous Waste. Special Waste may also include items determined by the
Contract Administrator to be reasonably unmanageable.
Trash shall man all refuse, accuniulatiori of paper, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
Garbage, which arc usual to housekeeping and to the operation of stores, offices, and other business
places, but shall not include Vegetative Waste.
Uncontrollable Forces shall mean any event, which results in the prevention or delay of performance
by a party of its obligations under this Agreement and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to, fire, flood, hurricanes, earthquakes, storms,
lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions.
Universal Container shall man and include any waste or recycling storage receptacle made of heavy
duty plastic material and generally sized in 35,65, 95, and 101 gallon capacities that is dumped by
automated or semi-automated means into a packer or compartmented vehicle body.
Vegetative Waste shall mean any vegetative matter resulting from yard and landscaping maintenance
by any party and shall include materials such as normal and recurring tree and shrub trimming
materials, grass clippings, leaves, pine needles, palm seeds, weeds, palm fronds, tree branches, and
similar other matter usually produced as refuse in the care of lawns, landscaping and yards. Tree limbs
and trunks shall be limited to ten (IO) inches or less in diameter. 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 in a City-provided Universal Container if possible. Larger quantities shall
be placed neatly at the curb for collection by special equipment. Natural Christmas trees will be
collected as Vegetative Waste, and any section must not be more than 8 feet in length and must be
under 50 pounds. Vegetative Waste must originate from the residential property at which it is placed
for collection. Vegetative Waste shall not include material generated as the result of a commercial
activity located at a residential property.
City shall mean the City of Palm Beach Gardens, Florida, a municipal corporation.
3. SERVICES PROVIDED BY CONTRACTOR:
The Contractor shall provide mandatory Residential Solid Waste, Residential Vegetative Waste, and
Residential Recycling Collection Services in the Service Area. The right to provide such Collection Services in the
Strvice Area shall be exclusive to the Contractor. The City or its designee will be responsible for the billing and
collection of paymcnts for the mandatory Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Service. The Contractor shall be responsible for the billing and collection of
payments for mandatory Container Solid Waste and Recycling Collection Service.
The Contractor shall provide Commercial Solid Waste Collection Services in the Service Area, which shall be
an exclusive right to the Contractor; subject, however, to the exception for Rolloff Collection Service of Construction
and Demolition Debris under separate annual permits as provided below. The Contractor shall be responsible for the
billing and collection of Commercial Solid Waste Collection Service fees and disposal costs not being billed and
collected by the City or its designee. The Contractor shall also be responsible for billing and collection of Container
Residential Solid Waste and Recycling service fees.
Roll-off Collection Services of Construction and Demolition Debris (C & D) shall not be exclusive to the
Contractor. Notwithstanding any other provision of this Agreement, collection of waste contained in roll-off containers
excluded from Roll-off Collection Services of C & D for businesses in the Service Area is exclusive to the Contractor.
10
No other person or entity except the Contractor may offet or provide Residential Solid Waste Collection
Service, Residential Recycling Collection Service, and Commercial Solid Waste Collection Service in the Service ha.
If the Contractor becomes aware of M entity violating the provisions of this Section, the Contractor should provide
information of the violations to the Contract Administrator. Upon review of the information and that of any subsequent
investigation, the City will report its findings and recommended recourse.
The Contractor shall provide Commercial Recycling Collection Sewices in the Service Area upon request by
the customer or the City, or through the solicitation efforts of the Contractor. Charges for such services are to be
determined between the customer and Contractor based upon the tern of this Agreement. However, Commercial
Recycling Collection Services are not exclusive to the Contractor in the Service Area.
The Contractor shall provide Solid Waste and Recycling Collection services to all property owned, leased,
rented, or controlled by the City, including, but not limited to, those designated by the Contract Administrator if acquired
during the term of the Agreement. These services shall be provided at no charge to the City, to include provision of
Containers, collection service maintenance fees, and roll-off containers of twenty (20) or more yards capacity. The City
will have a maximum limit of ten (IO) rollsff pulls per month without limit to size ofthe roll-off container at no charge.
Additional pulls will be charged at the regular commercial rate.
The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling haulers
providing recycling services to customers in the City.
In order to provide the services, the Contractor shall provide, at its own expense, all labor, insurance,
supervision, machinery and equipmnt, buildings, trucks, velucles, a radio compatible with City systems to the City with
all Contrcctor contacts programmed in the radio at no charge to the City, and any other tools, equipment, accessories, and
item necessary to maintain the highest quality and level of service standards of solid waste collection and recycling
service set forth herein.
The Contractor shall provide, at no additional cost to the City, a location for receipt and storage of Recycling
Containers. The Contractor shall be responsible for pick up, storage, and distribution of the Recycling Containers
requested by curbside residential customers. Recycling Containers will be ordered from the Solid Waste Authority on
behalf of the City.
4. SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES:
Collection services for residential curbside, residential container, and commercial customers provided by
this Agreement shall be set forth in this Section. Curbside Residential Solid Waste shall be by the manual method of
collection effective April 1, 2006, in accordance with the provisions of this Agreement or such other date mutually
agreed to in writing by the parties hereto.
A. Curbside Residential Solid Waste Collection Services: This service is provided to dwellings
wherein Garbage, Bulk Trash, and Trash are placed within six (6) feet of the curb or roadside for
collection by the Contractor. Exceptions to this location for collection apply only to those who
have been qualified as handicapped by the Contract Administrator and those who have contracted
with the Contractor for Special Services. The City or its designee shall be responsible for the
billing and collection of payments from curbside residential customers for this service.
1. Conditions and Frequency of Service: All Curbside Residential Solid Waste shall be
placed in a Garbage Receptacle or Can and placed curbside, as required by the City, for
collection by the Contractor twice each week. The Contractor shall only be required to
collect the contents of Garbage Receptacles or Cans except for Trash and Bulk Trash.
Exceptions to the twice per week collection occw only on permitted holidays or in the case
of a Citydeclared emergency or disaster. There shall be no less than forty-eight (48) hours
or more than seventy-two (72) hours between regularly scheduled collection days.
Customers are not to commingle Vegetative Waste with Residential Solid Waste; however,
the Contractor may collect moderately commingled wastes at their discretion and shall
11
assume responsibility for disposal at a designated facility. There shall be and is no limit on
the number of Garbage Receptacles or Cans to be collected by the Contractor,
During the Agreement, the entire City will be receiving manual Residential Solid Waste
Collection service. The City Manager or designee, whose decision shall be final, shall
resolve i)ny disputes regarding level of service to be provided by the Contractor.
Trash and Bulk Trash shall also be collected at the curb. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately,
in a nontompacting vehicle, and deliver the item, with every attempt not to release the
CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm
Beach or Martin County or as otherwise agreed to by the City in writing. Trash Waste is to
be placed in Garbage Receptacles or Cans to the extent practical with Residential Solid
Waste for collection. The total weight should not exceed fifty (SO) pounds for a garbage
can. There shall be no weight limit for any Bulk Trash item. Residents shall not
commingle Trash or Bulk Trash Waste with Vegetative Waste. The Contractor my collect
commingled material and shall assume responsibility for disposal at a designated facility
and notify the Contract Administrator accordingly. Cardboard from move-ins shall be
collected as Bulk Trash on the scheduled vegetation collection day.
B. Curbside Residential Vegetative Waste Collection Services: The City or its designee shall be
responsible for the billing and collection of paynieiits from curbside residential customers for this
service. This service is provided to dwellings wherein properly prepared Vegetative Waste is
placed within six (6) feet of the curb or roadway for collection by the Contractor. There are no
exceptions to the curb or roadside location for collection of Vegetative Waste. Vegetative Waste
collection service shall only be provided in front of the residential unit. The Contractor shall
collect Vegetative Waste from swales and rights-of-way in front of vacant lots in established
neighborhoods; however, such waste shall not include any lot clearing waste.
1. Conditions and Frequency of Service: Curbside Residential Vegetative Waste shall be
collected once each week from all curbside customers. The scheduled day of collection of
Vegetative Waste shall be on a scheduled day of Curbside Residential Solid Waste
Collection each week. Should the scheduled day of Curbside Vegetative Waste Collection
fall on a holiday, collection shall occur on the next scheduled Curbside Residential
Vegetative Waste Collection day. Grass clippings, hedge trimmings, pine needles, palm
seeds, and any other small items, including items that can be cut or broken into smaller
pieces, shall be placed into a garbage can or plastic bags for collection. Large items that
cannot be cut or broken and placed in garbage cans or bags, such as multiple palm fronds
and tree limbs are to be piled up by the curb for collection. The Contractor shall collect
Vegetative Waste properly sized and piled within six (6) feet of the road on the scheduled
collection day unless the pile is tagged for special collection next day. Except for palm
fronds, no single item shall be longer than six (6) feet in length nor weigh more than fifty
(50) pounds. Limbs having a diameter greater than ten (IO) inches will not be collected
pursuant to this Agreement. In the event a residential customer has large quantities of
Vegetative Waste for collection on hisher Vegetative Waste service day, the Contractor
may either collect all of the Vegetative Waste or tag the pile for collection on the following
day, at which time the Contractor shall collect all of the Vegetative Waste. Residential
Vegetative Waste shall be placed in one location in front of residential property for
collection. Multiple locations constitute additional or special services, as further discussed
in Section H of the Agreement. There shall be and is no limit on the number of containers
to be collected per Residential Cubside customer, nor is there a limit on the quantity of
Vegetative Waste to be collected weekly, provided size limitations are met.
12
C. Curbside Residential Recycling Collection Service: The Contractor shall provide Curbside
Residential Recycling Collection Services in the Service Area as provided for within this
Agreement. The City or its designee shall be responsible for the billing and collection of
payments from Curbside Residential customers for these services. Curbside Residential Recycling
Collection Service shall be governed by the following tern and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential
Recycling Services to all Dwelling Units receiving Curbside Residential Solid Waste
Collection Service located in the Service Area and to other such Dwelling Units as
determined appropriate by the Contract Administrator. This service shall be provided once
every week, unless otherwise specified by the City, on a Scheduled Route basis, which shall
coincide with one of the two regularly scheduled solid waste collection pick-up days
weekly. All Recyclable Materials to be collected shall be in a Recycling Container, with
the exception of cardboard and or paper bags, and shall be placed within six (6) feet of the
curb, roadway, closest accessible public right-of-way, or such locations agreed to by the
Contractor that will provide safe and efficient accessibility to the Contractor’s collection
crew and vehicle. No Recycle Containers shall be placed next to a mailbox, utility box, or
fire hydrant for collection. The Contractor must collect as many Recycling Containers,
bags, bundles, or flattened cardboard as the customer sets out. Cardboard shall be collected
if flattened and placed next to, on, under, or inside of the Recycling Container. Non-
Recyclable materials placed in Recycling Containers for collection are to be left in the
Container by the Contractor collection crew and tagged with the Contractor’s tag clearly
explaining why the material was not collected.
2. Recycling Containers: The City shall order from the Solid Waste Authority and the
Contractor shall ensure pick up, storage, and distribution of Recycling Containers to each
unit that is to receive Curbside Recycling Collection Service within the Service Area. All
Recycling Containers are the property of the City. However, customers may use their own
additional Recycling Containers or paper bags as long as they are similar and suitable for
the Service.
D. Container Residential Solid Waste Collection Services: The Contractor shall provide Container
Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that is
suitable to receive such service and request such service. Normal Container Residential Solid
Waste Collection Service, not including Bulk Trash collection, shall be twice pr week. The
Contractor and the residential complex, in accordance with this Agreement, shall determine the
size and location of the Container and frequency of collection. In case of an unresolved dispute,
the Contract Administrator shall resolve such issue. The Contractor shall invoice the appropriate
containerized unit collection rate, in accordance with Exhibit 1, to these accounts monthly. Any
service requested by the residential complex above twice per week for Container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be invoiced directly by
the Contractor in accordance with the commercial solid waste collection rates in Exhibit I. The
Contractor shall be responsible for the billing and collection of payments from Container
Residential customers for this collection service. The ftequency of collection of Bulk Trash
outside the Container shall be no less than once per week unless otherwise agreed to by the
customer and approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a
non-compacting vehicle, and deliver the item, with every attempt not to release the CFCs into the
atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach or Martin County.
There shall be no weight limit for any Bulk Trash item.
1. Conditions and Frequency of Service: A minimum of twice per week service is required
of all container residential customers. Such service shall be provided by Container as
defined herein. The sue of the Container and the frequency (above the minimum) of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Residential Solid Waste need be placed
13
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Residential Solid Waste shall be placed in a
Container. Vegetative Waste collection is not included in this service. Containers shall be
placed in an accessible location or at such other single collection point as may be agreed
upon between the Contractor and the customer. All Containers or Compactors shall be kept
in a safe, accessible location agreed upon between the Contractor and the customer. Any
Container or Compactor damaged by the Contractor shall be repaired or replaced by the
Contractor within five (5) business days. All Containers and Compactors provided by the
Contractor shall be in good condition, painted, and neatly labeled with the Contractors
name, phone number, and cubic yard size of the Container.
E. Container Residential Recycling Collection Service will be governed by the following Terms
and Conditions:
1. Conditions and Frequency of Service: The Contractor shall provide this service to
Dwelling Units as are designated by the City and are located in the Service Area and
invoice each account monthly. This service shall be provided at least once every week on a
scheduled- route basis as set out below. If the customer requires additional collections per
week, the customer will be invoiced by the Contractor in accordance with the rates listed in
Exhibit I of the Agreement. All Recyclable Materials, with the exception of cardboard, are
to be collected in a universal type Recycling Container or Container provided by the
Contractor designated for Recyclable Materials which shall be in such location and
collected on a schedule as mutually agreed to by the owner or governing association (of the
multiple family residential complex or development being serviced) and by the Contractor
that will provide safe and efficient accessibility to the Contractor’s collection crew and
vehicle. Cardboard shall be collected if placed next to, on, or inside of the Recycling
Container or Containers. If there is a large amount of cardboard placed outside of the
Container, oAen an alternate, larger Container shall be provided, upon agreement by the
customer and the Contractor. In the event an appropriate location cannot be agreed upon,
the Contract Administrator shall mediate the dispute and designate the location for pick-up.
F. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all
Commercial Solid Waste in the Service Area, except Special Waste. Such Commercial Collection
Service shall be governed by the following terms:
1. Conditions and Frequency of Service: A minimum of once per week service, or as
otherwise provided by law, is required of all customers. Such service shall be provided by
Container as defined herein. However, where a customer generates less than one (1) cubic
yard of waste per week, alternate Universal Containers may be utilized. Commercial
Customers utilizing a Universal Container provided by the Contractor shall be charged one-
half the per-cubic-yard collection rate as established in Exhibit I and one-half the per-cubic-
yard rate for disposal for each Container. The size of the Container and the frequency of
collection shall be determined between the customer and the Contractor. However, sue and
frequency shall be sufftcient to provide that no Commercial Solid Waste need be placed
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Commercial Solid Waste shall be placed in a
Universal Container, Container, or Compactor. Vegetative Waste shall not be commingled
with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off
or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set
out in Exhibit I. Where Universal Containers arc used, they shall be placed at an accessible
14
location or at such other single collection point as may be agreed upon between the
Contractor and the customer. All Containers or Compactors shall be kept in a safe,
accessible location agreed upon between the Contractor and the customer. Any Universal
Container, Container, or Compactor damaged by the Contractor shall be repaired or
replaced by the Contractor within five (5) business days. Compactors may be obtained by
customers from any source, provided that such Compactor must be of a type that can be
serviced by the Contractor’s equipment, and the customer shall be completely responsible
for its proper maintenance and replacement. Compactor frequency of collection shall be
sufficient to contain the waste without spillage. All Containers and Compactors provided
by the Contractor shall be in good condition, painted and neatly labeled with the
Contractor’s name, phone number, and size of Container in cubic yards, placed on the front
of the Container and side of Compactors.
2. Level Type and Disclosure of Hates for Commercial Solid Waste Collection and Other
Services:
a. Commercial Solid Waste Collection Service: The Contractor shall only charge
rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written
agreement between the Contractor and the customer shall be required and entered
into regarding the level and type of service to be provided and manner of collection
of fees. The Contractor may not bill the customer more than thirty (30) days in
advance unless otherwise requested by the customer. The terms and conditions of
such agreement shall be in compliance with all provisions of this Agreement, and the
term shall not extend beyond the initial term of this Agreement as stated in Section 1.
The customer shall subscribe to a level of service sufficient to meet the needs of the
customer in a sanitary and efficient manner. However, upon failure of the panies to
reach such an agreement, the Contract Administrator or designee shall establish the
level and type of service to be provided, including the location, size of the Container,
number of pick-ups per week, and the “TOTAL RATE“ to be charged within the
approved rate limits contained in Exhibit 1. The Contractor will be responsible for
the billing and collection of Commercial Solid Waste Collection Services, disposal-
tipping fees, special fees, and Container maintenance charges, except as otherwise
provided in this Agreement.
b. Disclosure: The Contractor shall provide the customer an annual disclosure
statement in October of each year of the term of this Agreement, including the
following language:
REGULATION BY THE CITY OF PALM BEACH GARDENS
The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are
regulated by an exclusive Agreement granted by the City of Palm Beach Gardens. Should the customer have any
questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator
at (561) 775-8274.
COMMERCIAL COLLECTION CONTAINERS
The commercial collection Container shall be of a type that can be serviced by the Contractor’s collection
equipment. The custonler may either purchase the commercial collection Container from any source or request such
Container from the Contractor at the maintenance rate as approved by the City, provided that such Container can be
serviced by the Contractor’s collection equipment. If the customer chooses to use a Compactor, the customer may
rent, lease, or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor’s
collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe,
and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to
a customer-owned Container or Compactor shall be repaired at the cost of the Contractor.
15
SPECIAL SERVICES
If the customer requests, the Contractor is required to provide special services for collection of solid waste,
such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services.
However, such special services may be provided by the customer, through its own or other personnel. If the
Contractor provides special services, such charge must be separately stated under the “RATES FOR SERVICES’
disclosure statement. The City of Palm Beach Gardens fixes the maximum for these special service rates. A copy
of these rates can be obtained fiom the Contractor or Contract Administrator.
RATES FOR SERVICE
April 1, (year) - March 30, (year)
Name of Contractor Name and Address of Customer
The total RATES for this Commercial Solid Waste and Recycling Collection
Service are as follows:
Total Monthly Cost:
*There is no charge for the disposal of Recyclable Materials for processing.
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE CITY OF PALM BEACH GARDENS. SHOULD YOU HAVE ANY QUESTIONS
RELATING TO THESE RATES, PLEASE CALL THE CITY OF PALM BEACH GARDENS
AT (561)775-8274.
The “RATES FOR SERVICES” statement shall incorporate or have attached a rate schedule which
specifies the Collection Rate based on the size of the Container and the frequency of service: TYPE indicating
whether the Container is for Solid Waste or Recycling; DISPOSAL based on a cost per cubic yard; CONTAINER
MAINTENANCE expressed in a monthly flat rate based on the size of the Container; and the cost per month for
each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of the
Container and the frequency of collection of each Container for each business, distinguishing between solid waste
and recycling collection service. The notification shall specify the address where the business is located. The
notification shall itemize each cost individually. A sample notification shall be approved by the Contract
Administrator or his designee before distribution to the customer. Each disclosure statement to be provided annually
to the customer by the Contractor will also be prepared in duplicate, with a copy being provided to the City.
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G. Commercial Recycling Collection Service: The Contractor shall provide Commercial Recycling
Collection Services on behalf of the City for any business in the Service Area where the City has
arranged, negotiated, or contracted for such service, and Contractor shall have the right to solicit
Commercial Recycling Collection Service agreements with any business in the Service Area upon
terms and conditions consistent with this Agreement. However, this service is not exclusive to the
Contractor.
1. Conditions and Frequency of Service: The Contractor shall provide Commercial Recycling
Collection Services to all business or commercial entities located in the Service Area resulting
from its own solicitation, by request of the customer, or where a contract meeting the terms
and conditions of the Agreement is arranged by the Contract Administrator or designee. The
size and frequency of service of the Container designated for Recyclable Materials shall be
determined and agreed to by the customer and the Contractor. However, size and frequency
shall be sufficient to provide that no Recyclable Materials need be placed outside the
Container. Storage capacity shall be suitable for the amount of recyclable materials generated
by the customer. The Contractor shall provide Bulk Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible for
its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. Compactors may be obtained by customers fiom any
source, provided that such Compactor must be of a type that can be serviced by the
Contractor’s equipment, and the customer shall be completely responsible for its proper
maintenance and replacement. Compactor frequency of collection shall be sufficient to
handle the waste generated. All Commercial Recyclable Materials shall be placed in a
Container, Compactor, or other acceptable Recycling Container. All Bulk Containers and
Compactors provided by the Contractor shall be in good condition, painted and neatly labeled
with the Contractor’s name, phone number, and sue of Container in cubic yards.
Recyclable Material shall not be commingled with other solid waste. Where Recycling
Containers or Universal Containers are used, they shall be placed at an accessible location or
at such other single collection point as may be agreed upon between the Contractor and the
customer. All containers shall be kept in a safe, accessible location agreed upon between the
Contractor and the customer. Any Container or Recycling Container damaged by the
Contractor shall be repaired or replaced by the Contractor within five (5) days.
2. Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other
Services: A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and manner of collection of fees. The
terms and conditions of such agreement shall be in compliance with all provisions of this
Agreement, and the term shall not extend beyond the term of this Agreement as stated in
Section 1. The customer shall subscribe to a level of service sufiicient to meet the needs of
the customer in a sanitary and efficient manner. However, upon failure of the parties to reach
such an agreement, the Contract Administrator or designee, at the election of the customer,
and Contractor may establish the level and type of service to be provided, including the
location, size of the Container, and number of pick-ups per week and the “TOTAL RATE’’ to
be charged within the approved rate limits contained in Exhibit I. The Contractor will be
responsible for the billing and collection of payment for Commercial Recycling Collection
charges, except as otherwise provided in this Agreement. In the event the customer cancels
a contract with the Contractor for Commercial Recycling Collection Services. the Contractor
is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit
1. Upon cancellation, the Contractor shall provide a written explanation to the City for the
cancellation. The Contractor shall allow the customer three (3) days to rescind the
cancellation after the written notification is provided. To the extent that a customer who
canceled Commercial Recycling Collection Services subsequently requests such service, the
Contractor may negotiate a separate rate with the customer for such service.
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3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator
of Recyclable Materials retains ownership of those materials until he/she/ or it donates or
sells, or contracts for the donation or sale of those materials to another person or entity.
Nothing in this Agreement shall prevent a person or entity engaged in the business of
recycling, whether for profit or nonprofit, from accepting and transporting Recyclable
Materials, under contract with a commercial generator, from such commercial generator when
such Recyclable Materials have been purchased from or donated by the commercial generator
and no charge is made to or paid by the commercial generator for the loading, collection,
transporting, or removal of such Recyclable Materials. Provided however, that the transporter
must report such information to the City as may be necessary for the documentation of state-
mandated recycling or reduction goals.
H. Accessibility: Placement of garbage cans, bags, or Universal Containers and bulky (large
quantities) Vegetative Waste for collection will provide for safe and efficient access to the
Contractor’s crew and vehicle, avoiding utility lines and boxes, mailboxes, fences, and
overhanging trees.
1. Curbside Residential Solid Waste, Vegetative Waste, and Recycling to be collected curbside
must be placed within six (6) feet of the curb, paved surface of the public road, closest
accessible public right-of-way, or such other location agreed to by the Contractor. In the
event there is insufficient space between the curb and sidewalk for placement of Universal
Containers or Vegetative Waste, alternatively they will be collected within two (2) feet of the
sidewalk. For purposes of this Agreement, public road or public right-of-way means a road
owned and maintained by the County, State, or City, or a road on private property for which
an easement or right-of-entry agreement has been granted to the public, and such road is
constructed and maintained to a standard whereby access is available by the Contractor’s
collection vehicle. Curbside Residential Solid Waste, Vegetative Waste, and Recycling will
be collected at only one location on a residential property. Additional stops for collection, as
on two sides of a corner lot, are considered a special service requiring an additional rate to be
negotiated with the Contractor. All disputes herein shall be resolved by the Contract
Administrator, which shall be binding upon the parties.
2. Container Residential Solid Waste and Recycling Containers will be kept in a location agreed
upon by the customer and the Contractor, and such location shall provide safe and efficient
access to the Contractor crew and vehicle. Cardboard shall be collected if placed next to, on,
or inside the Recycling Container. If there is frequently a large amount, an alternate, larger
container shall be provided upon agreement by the customer and Contractor. In the event an
appropriate location cannot be agreed upon, the Contract Administrator shall mediate the
dispute and designate the location for collection.
3. Commercial Solid Waste and Recycling Container shall be kept in a safe, accessible location
agreed upon between the customer and the Contractor.
1. Method of Payment: The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Services. Payments fiom the City to the Contractor
will be done and paid no later than the tenth (lo*) day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit 1, which may be modified
from time to time but not more frequently than annually, pursuant to the provisions for an
Extraordinary Rate Adjustment as provided herein or as otherwise agreed to by the City. The
Contractor shall be responsible for billing and collection of payments for Container Residential
Solid Waste and Recycling Collection Services as well as Commercial Solid Waste and Recycling
Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I
shall be adjusted only as necessary in subsequent years pursuant to the provisions for an
Extraordinary Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the Containers used
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by the customer for Commercial Recycling Collection Service, at the rate set out in Exhibit 1,
as determined by the Contract Administrator.
J. Method 01 Collection: The Contractor shall provide enclosed packer loader-bodied vehicles
equipped for manual collection of Curbside Residential Solid Waste and Vegetative Waste. The
Contractor shall use collection equipment no older than seven (7) years at any time during the term
of this Contract. Bulk Trash and large quantities of Vegetative Waste that cannot be containerized
shall be collected by means of manual rear load packer vehicles or open box vehicles equipped
with grapples for loading the waste into the vehicle container. Compartmented bodied vehicles
equipped for manual and semi-automated loading and lifting shall collect curbside and Container
Residential Recycling. Two (2) compartments are required to collect and transport two (2) streams
of recyclables; containers such as glass bottles and jars, plastic bottles and aluminum cans; and
fiber such as newsprint, magazines, catalogues and properly-sized cardboard. Items to be collected
as part of the Solid Waste Authority recycling program may be adjusted from time to time during
the term of this Agreement.
Commercial and Container Residential Solid Waste shall be collected by enclosed loader packer
bodied vehicles or by roll-off type vehicles servicing stationary compactors or open top container.
All collection equipment shall be equipped and operated in such a manner as to avoid, at all times,
spilling, dropping, or blowing contents out of the vehicle or hopper onto public or private property
to include all roads, streets, highways, and right-of-ways.
Recycling Containers shall be ordered by the City from the Solid Waste Authority and distributed
by the Contractor. The City will order Recycling Containers for distribution by the Contractor
according to requests made through the City customer service office. Pick up, inventory and
distribution of Recycling Containers shall be the responsibility of the Contractor.
K. Hours of Collection: Collection Services shall not be provided in the Service Area except
between the hours of 7:OO a.m. and 6:30 p.m., Monday through Saturday. The Contract
Administrator shall resolve collection schedule disputes between the customer and Contractor.
The Contract Administrator may restrict the hours of service to non-residential customers if in
hisher judgment disturbance complaints warrant such action. Hours of collection may be
extended or temporarily stopped due to extraordinary circumstances or conditions with the prior
consent of the Contract Administrator.
L. Routes and Schedules: The Contractor shall provide and keep current with the Contract
Administrator or designee, in a format acceptable to the Contract Administrator, an up-to-date
route schedule map for all Residential and Commercial Collection Service routes and schedules.
The Contractor shall immediately notify the Contract Adminiswator in writing of any proposed
change in any route schedule three (3) weeks prior to the proposed change for review and approval
by the Contract Administrator. In the event of a permanent change in the routes or schedules that
will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing
or other method approved by the Contract Administrator, not less than two (2) weeks prior to the
change, at no cost to the City and the customer. Notification to the customer includes any day
changes prior to the beginning of this Agreement. Notification to Curbside customers shall be
done twice - once two (2) weeks prior to the change and once one (1) week prior to the change.
The City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys, and
public ways inside the City enroute 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 City shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and the City.
The Contractor understands and agrees to the fact that at times during the year the quantity of solid
waste to be disposed may be 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.
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M. Recycling Containers for Residential Dwelling Units:
1. The City shall order and the Contractor shall pick up and distribute to each residence(s) within
the City a minimum of two (2) containers for Recyclable Materials to be collected. All
Recycling Containers are the property of the City. Any Containers distributed prior to the
commencement of this Agreement provided by the Contractor shall also become the property
of the City on the date of commencement of this Agreement. The Contractor shall maintain
an adequate supply of Containers to provide for new residents and replacements for existing
residents.
2. The Contractor will repair or replace at its expense any Container or Recycling Container
damaged through the fault or negligence of the Contractor or its employees. The Contractor
shall deliver replacenient Containers or Recycling Containers within forty (48) hours of a
request.
3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers
damaged by its employees, or when notified by the Contract Administrator or designee, or the
occupant of a Dwelling Unit where a Recycling Container or Container is damaged or
missing, and shall report monthly all such replacements to the City. The Contractor shall also
promptly deliver Recycling Containers, or Containers as requested by the City on behalf of
the residential customers for the purpose of excess Recyclable Materials or for new residential
customen within five (5) business days of the request by the customer or the City.
N. Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected
from the Service Area to the Solid Waste Authority Materials Recycling Facility (MRF) or facility
designated, in writing, by the Contract Administrator.
0. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the
City, it may be necessary to modify the scope of Recyclable Materials or the method of collecting
recyclables that will be included in the Recycling Collection Service. Should this occur, the City
and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect
the impact of any such modification.
5. CHARGES, RATES, AND LEVEL OF SERVICES:
A. Solid Waste and Recycling Collection Rntes: Charges for all Collection services performed by the
Contractor pursuant to this Agreement shall be based on the rates established in Exhibit 1, and as my
be subsequently adjusted pursuant to the provisions for Extraordinary Rate Adjustment and
Extraordinary Rate Adjustment - Fuel, as provided herein in this Agreement or as otherwise agreed to
by the City. The Contractor shall supply the City with such information as determined to be necessary
to make the calculations to determine the rate adjustment in accordance with the Agreement. No
change in rates, as provided by this Agreement, shall be made without the approval of the City
Council. Extraordinary Rate Adjustments and CPI adjustments shall be effective on the following
anniversary date of the Contract and Extraordinary Rate Adjustments - Fuel shall be effective the
following quarter, unless otherwise mutually determined by the City and the Contractor.
An income and expense statement stating gross revenues paid to the Contractor and expenses for the
collection and recycling services and the cost of operations provided under this Agreement, as well as
disposal fees paid to the Authority, shall be prepared by the Contractor in accordance with generally-
accepted accounting principles for each month during the term of this Agreement. The quarterly
statement shall be submitted forty-five (45) days after the reported month and shall be in a format
similar to that as set out in Exhibit V, attached hereto and by this reference incorporated herein, as
may be further revised by the Contract Administrator from time to time. The quarterly franchise fee
payment shall accompany this report.
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Within one hundred twenty (120) days after the end of the Contractor's fiscal year, the Contractor shall
deliver to the City, in a format as shown in Exhibit 111, attached hereto and by this reference
incorporated herein, as may be Mer revised by the Contract Administrator from time to time, an
Audited Financial Statement including, at a nunimum, a Balance Sheet and an Income Statement
representing the financial position and the Results of Operations, respectively, of the Contractor for
the Service Area. The report must include the opinion of a Florida Certified Public Accountant, who
has conducted an audit of the Contractor's books and records in accordance with generally-accepted
auditing and accounting principles and standards, which include tests and other procedures necessary,
that the Financial Statements are fairly presented, in all material respects, in conformity with
generally-accepted accounting principles.
B. City's Obligation, Payments:
1. The City will be responsible for payments for those units included in the City's mandatory
Curbside Residential Solid Waste and Vegetative Waste Collection Services and the Curbside
Residential Recycling Collection Services programs. The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to this Agreement. The
Contractor shall be entitled to payment for the collection services specified here irrespective of
whether or not the City collects from customers for such services. Payments from the City to the
Contractor will be due and paid no later than the tenth (10") day of the month following the
month during which services were rendered.
On or before April 1, and before commencement of work by the Contractor under the terms of
this Agreement, the City or designee shall provide to the Contractor the estimated total number of
units to be serviced including container residential units. By November 1 of each Fiscal Year, the
City or its designee shall provide to the Contractor a copy of the annual tax roll providing a listing
of all the units to receive these services. Thereafter and for the duration of this Agreement, the
City or designee shall notify the Contractor monthly of new residential units to be served and/or
deleted, and payments will be adjusted accordingly. New Dwelling Units, which are added for
collection service during the City's Fiscal Year, will be added to the customer service list, and
payment for said services will be paid by the City to the Contractor in the Contractor's monthly
payment. Payment will commence the fmt day of the month following the issuance of a
certificate of occupancy ("CO'). The payments from the City to the Contractor for units added
by CO are paid no later than the tenth (IO") day of the month. AAer the first year of the
Agreement, the Dwelling Unit becomes part of the total number of the subsequent year's total
number of units, provided annually to the Contractor on or before October 1. Reconciliation will
occur every year in January based solely on units listed in the tax roll plus units issued Cos since
January of the previous year. The Contractor is responsible for the billing and collection for
collection services provided to container residential customers.
2. In the event the Contractor provides service to Dwelling Units whose parcels were not included
on the annual tax roll provided by the City, the Contractor must provide a written list of such
Dwelling Units and the length of time for which service was provided to the Contract
Administrator within ninety (90) days of receipt of the tax roll or monthly notice of new
occupancy is received. Upon receipt of such written list by the City, the Contract Adnunistrator
will verify the customer address and that service fo the unit is proper within thirty (30) days, and
if proper, shall remit monthly payments to the Contractor for such service effective as of October
1 of that Fiscal Year or the date service began, whichever is earlier, but for no period more than
ninety (90) days in arrears. If the City has not received notification within ninety (90) days by the
Contractor, no adjustments to payment will be made until the next Fiscal Year annual roll is
certified for the same units. However, the City reserves the right to correct any errors of omission
or commission per the laws and rules that govern the City. In the event the City pays the
Contractor for a residential unit in error for whatever reason, the Contractor shall notify the
Contract Administrator. Upon determination of any overpayment, the Contract Administrator
will verify the error and make appropriate adjustment to the Contractor's payment to correct the
emr.
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C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated
separately for the Residential Solid Waste Collection Services being provided pursuant to this
Apment. The Contractor's payments for collection are set out in Exhibit I as adjusted annually.
Residential and commercial solid waste disposal costs shall be separated hm Residential and
Commercial Collection Service costs as shown in Exhibit I. Residential disposal costs will be part of
the special assessment billed by the Solid Waste Authority 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 Authority annually as shown in Exhibit I. The non-assessed
portion of the commercial disposal costs will be part of the service charge billed by the Contractor.
The Contractor shall pay the Authority 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 credited by the City. The City accepts no responsibility or fmncial liability for
quantities of Residential Solid or Vegetative Waste required to be collected pursuant to the terms and
conditions of this Agreement.
The City will pay the Contractor, on a quarterly basis pro-rated, fees for new residential units issued a
CO. Pro-rated disposal fee calculations shall be paid by the City to the Contractor for non-assessed
residential unit disposal fees in accordance with the provisions in Exhibit VI, attached hereto and by
this reference incorporated herein.
D. Extraordinary Rate Adjustment (ERA): The Contractor may petition the City no more than once a
year as provided for below for an additional rate adjustment on the basis of extraordinary and unusual
changes in the cost of operations, excluding fuel, which could not reasonably be foreseen by a prudent
operator. The Contractor's request shall contain substantial proof and justification, as determined by
the City, to support the need for the rate adjustment. The City may request from the Contractor, and
the Contractor shall provide, such further information as may be reasonably necessary in making its
determination. The Contractor shall submit for an extraordinary rate adjustment within twelve (12)
months of the event(s) necessitating the adjustment, but not before January 31 or later than March 31
of any calendar year. The City 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 Contractor
shall supply the City with such information as may be necessary to make the calculations to determine
the rate adjustment in accordance with the Agreement. No change in rates, as provided by this
Agreement, shall be made without the approval of the City Council. Rate adjustments shall be
effective the following October I, unless otherwise mutually agreed by the City and the Contractor.
No adjustment may be requested nor will one be granted during the last year of the Agreement. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein. The Contractor's base costs for the ninety (90) days preceding the Agreement
start date for any items included in an Extraordinary Rate Adjustment must be submitted as part of a
request for adjustment.
E. Extraordinary Rate Adjustment - Fuel (ERA-Fuel): The Contractor may petition the City for an
additional rate adjustment on the basis of extraordinary and unusual changes in the cost of fuel, which
could not reasonably be foxseen by a prudent operator. Contractor shall submit, to the City Finance
Administrator, a fuel supply agreement for diesel and gasoline in addition to a purchase invoice
showing actual price per gallon within thirty (30) days of the start of collection services. Quarterly
thereafter during the term of the agreement the Contractor may submit to the City Finance
Administrator a fbel surcharge invoice or credit for fuel purchases for the past quarter to support a
request for a rate adjustment on the basis of fuel costs. Such invoices must be presented in
spreadsheet format showing dates of purchase, gallons purchased, unit prices of each purchase,
total route gallons used and route miles driven and total change in base cost of fuel (increase or
decrease) during the period. A copy of any change in fuel purchase agreement, copies of all paid
receipts for fuel purchases shall also be included. Base cost is the first fuel receipt submitted at
start-up.
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The City will review the request and supporting documentation. Additional information may be
requested by the City to fwther support the request. Within thirty days the City will notify the
Contractor of the amount of payment to be made to the Contractor, credit due the City from the
contractor or no change from the previous quarter thus no payment due from either party. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein
F. Annual Rate Adjustment: On a yearly basis and commencing on April 1, 2007, and every year
thereafter that this Agreement is in effect and subject to the limitations provided above, the Contractor
shall receive a standard rate adjustment for all collections made hereunder, as set forth in Exhibit I of
this Agreement, except for Construction and Demolition Debris which is subject to a separate annual
Roll-off Collection Permit.
G. Contract Service Fee: To compensate the City for the cost of administration, supervision, and
inspection rendered for the effective performance of this Agreement, as well as other costs related to
Collection, the Contractor shall pay to the City a fee of five percent (5%) of all gross revenues billed
arising out of any services or operations conducted in the Service Area. Solid waste disposal costs
paid by the Contractor to the Authority under this Agreement shall be deducted fiom the gross
revenue total prior to applying the 5% for calculation of the Contract Service fee due to the City.
Contract Service fees for each calendar quarter shall be payable within forty-five (45) days following
the last day of such calendar quarter. A late charge of one and one-half percent ( 1.5%) of the nwnies
due for the Contract Service fee shall be calculated monthly until payment is received.
6. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling,
Residential Solid Waste, Vegetative Waste, and Residential Recyclable Material or maintain ofice hours on
Thanksgiving Day and Christmas Day. Residential Solid Waste, Recyclable Material, and Vegetative Waste
not collected on Thanksgiving Day and Christmas Day shall bc collected on the next scheduled service day.
The Contractor shall not be required to maintain ofice hours on Memorial Day, Labor Day, Independence Day,
New Year’s Day, Thanksgiving Day, and Christmas Day. However, on all holidays except Thanksgiving Day
and Christmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the
Contractor’s customers.
7. SPECIAL SERVICES: Where the resident of a dwelling unit is physically unable to deliver Residential Solid
Waste, Vegetative Waste, or Residential Recycling to the curbside and is qualified as disabled by the Contract
Administrator an alternative location may be arranged between the customer and the Contractor at no extra cost
to the resident. The Contract Administrator shall resolve any dispute by designating the alternate location. If a
residential structure is located in such a manner as to provide non-accessibility to the Contractor’s crew or
vehicle, an alternate my be arranged between the customer and the Contractor at no cost to the resident. The
Contract Administrator will resolve any dispute.
Rates charged for Special Services may not exceed the Special Service Rate listed in Exhibit I. If the Resident
requests Special Services, such as back-door service (offcurb service), these services shall be billed directly to
the customer by the Contractor in accordance with Exhibit I; such charges shall then be established through
negotiations between the Contr+xtor and the customer. In the event the customer and the Contractor cannot
reach an agreement on the cost, the Conhact Administrator shall determine the cost. Any special service(s)
negotiated between the Contractor and a customer shall be in the form of a written agreement and signed by
both parties. The Contractor shall provide a copy of this agreenxnt to the Contract Administrator within five
(5) days of the execution of the agreement.
PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with any Public Awareness
Probyam to inform residential and commercial customers of the requirements for the solid waste, vegetative
waste and recycling collection program, which shall include, but not be limited to, brochures and other
materials approved by the City as well as by distributing door hangers, stickers, flyers, or other medium for
distriiution to residential and commercial customers as requested by the City. The City and the Contractor will
share responsibility for the promotion of the recycling progams. The City and the Contractor will cooperate in
the design of promotional events and educational programs and the preparation of the above referenced
8.
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promotional materials. However, the City’s contribution shall be subject to budget, review, and approval by the
City. The Contractor will distribute written service information ‘to the residential participants on a periodic
basis. The Contractor fiuther agrees to conduct presentations for schools, civic groups, homeowners
associations, and other appropriate citizens groups. Contractor financial responsibility will be limited to
reimbursing the City for its commercial printing costs for printed informational materials regarding the Solid
Waste and Recycling Collection Program.
The Commercial Recycling customer will also be notified, by the City through the Contractor, about special
commercial recycling events, workshops, educational forums and symposiums, and other activities, as
requested. City personnel may be available to assist the Contractor‘s marketing staff in expanding commercial
marketing service.
9. MANNER OF COLLECTION: The Contraclor shall collect Residential Solid Waste, Vegetative Waste, and
Recyclable Materials and Commercial Solid Waste and Recycling with a nunimum of noise and as little
disturbance as possible, and shall leave all containers at the same point it was collected and leave no container
in a location blocking vehicle access to a driveway or turnout. Any Garbage Can, Recycling Container, or
Container damaged by the Contractor will be repaired or replaced by the Contractor within forty-eight (48)
hours at no cost to the customer, unless otherwise provided within thls Agreement. The replacement must be
similar in style, material, quality, and capacity. Throwing of any Garbage Can or Recycling Container is
prohibited. The Contractor shall neatly replace all Containers and Garbage Cans to the point of collection.
Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious
dogs or similar animals in order to accomplish Curbside Residential Solid Waste, Vegetative Waste, and
Recycling Collection Service. In any case where the owner or tenants have such animals at large, the
Contractor shall immediately notify the Contract Administrator of such condition and of its inability to provide
service because of such conditions. Collection crews will inunediately clean up any spillage created in the
process of collecting Residential Solid Waste, Vegetative Waste, and Recyclable Material.
10. PERSONNEL OF THE CONTRACTOR:
A. The Contractor shall assign a qualified person or persons to be in charge of daily operations within the
Service Area and shall give the name(s) and ofice and cellular telephone numbers of the pcrson(s) to
the Contract Administrator. Such person(s) shall be present in the City during the majority of
collection hours each collection day.
B. The Contractor‘s solid waste collection employees and workers shall wear a uniform or shirt bearing
the Contractor’s name during operations in the City.
C. Each driver of a collection vehicle shall at all times carry a valid Florida driver‘s license for the type of
vehicle that is being driven.
D. The Contractor shall provide operating and safety training for all personnel, including temporary
workers, and documentation as proof of training.
E.
F.
The Contractor’s employees and workers shall treat all customers in a polite and courteous manner.
The Contractor shall provide emergency contact numbers for all key personnel. In addition, the
Contractor shall supply at no cost to the City one radio compatible with the City’s system with the
numbers of all contacts pre-programmed into the phone for City use.
11. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway, or
the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste, and
recyclable material shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented.
In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall
clean up all spillage and leakage at no cost to the City or the customer the same day of occurrence, unless
otherwise specified within this Agreement or sonie other period as approved by the Contract Administrator.
24
The Contractor shall include spill containment kits in each vehicle operating in the City. Additionally, the
Contractor will install and maintain, at its own expense, a lockable storage unit in a designated area of the
City Public Works yard containing suflicient quantities of spill containment absorbent material to
effectively contain and clean up the loss of fifty (SO) gallons of fluid. Sufficient bags of gray Portland
cement and heavy duty brush brooms will also be stored to cover an area twenty-five (25) feet wide and
forty (40) feet long.
12. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste,
Commercial Solid Waste, Vegetative Waste, and Recyclable Material shall be hauled to a designated
Facility. Facilities managed and operated by the Solid Waste Authority are periodically closed for
maintenance (an average of thirty (30) business days every four (4) years. In the event a Designated
Facility is closed, the Contractor shall take the Solid Waste, Vegetative Waste, and Recyclable Materials to
another Designated Facility at no charge to the City.
In the event that a load of Recyclable Materials delivered to a Designated Facility contains more than three
and one-half percent (3.5%) by weight of the total load, material which is not Recyclable Material, or that
there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the
Authority or its designee has the right to reject the load and to charge the Contractor the full disposal fee
for each ton within the load. The Contractor may pass this cost through to a commercial customer in the
event that the Contractor can prove, to the satisfaction of the customer, that the customer caused the
contamination. In the event of a dispute, the Contract Administrator will determine whether the Contractor
or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of
any customer who has on more than three (3) occasions contaminated the Recyclable Materials. However,
the City shall not be responsible for payment of any penalties charged by the Authority for contaminated
loads.
13. COLLECTION EQUIPMENT: The Contractor shall provide, operate, and maintain manual packer
loader equipment for Residential Curbside Solid Waste Collection Service and have on hand at all times and
in good working order such equipment as shall permit the Contractor to adequately and efficiently perform the
contractual duties specified in this Agreement, including one (1) reserve type collection truck for each type in
service. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide, in a
format specified by the Contract Administrator, a list of the equipment to be used by the Contractor to provide
services relating to this Agreement. Residential Solid Waste collection quipment shall be of the enclosed
loader packer type, or other equipment that meets industry standards and is approved by the Contract
Administrator. All Equipment shall be kept in good repair, appearance, and in a sanitary, clean condition at all
times. Recycling Materials collection equipment shall be dual-compartment equipmcnt (one compartment for
paper products and one compartment for other Recyclable Material), separate trucks or other equipment that
meets industry standards and is approved by the Contract Administrator, and must be compatible for unloading
at the designated recycling facility or transfer station. Unless otherwise provided within this Agreement, in the
event a compacting vehicle is used for the collection of Recyclable Materials, compaction pressure may not
exceed fifly (50) pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass
breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that
purpose. The Contractor shall have available reserve equipment, which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the assigned
equipment used by the Contractor to perform the contmctual duties. However, back-up equipment can be a rear
or front load packer with lifters. Equipment is to be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in retro-reflective letters not less than five (5) inches
high on each side of the vehicle. The rear of the vehicle shall contain signs warning the public of fiequent 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 of events sponsored by the City. All containers shall have the
container size listed in cubic yards displayed on the front of the container. No equipment used in this
Agreement shall be older than seven (7) years of age from date of manufacture. Equipment shall have rear
flashing strobe lights that must remain on while the vehicle is in collection mode.
25
14. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE, AND
SLUDGE: The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste,
Biohazardow or Biomedical Waste, or Sludge but may offer such service in the City. All such collection and
disposal for those types of waste in this Section are not regulated or exclusive under this Agreement, but if
provided by the Contractor, shall be in strict conyliance with all federal, state, and local laws and regulations.
15. OFFlCE AND EQUIPMENT YARD: The Contractor shall maintain an office within Palm Beach or Martin
County where complaints shall be received. It shall be equipped with sufkient telephones, with no less than
two (2) phone lines, and shall have responsible persons in charge during collection hours and shall be open
during normal business hours, 8:OO a.m. to 5:OO p.n, Monday through Friday. The Contractor shall provide a
fax machine and/or computer to receive complaints from the City, which shall be operable twenty-four (24)
hours a day. The Contractor shall provide an answering machine during non-office hours for customer requests
and questions to be responded to during the following business day. The Contractor shall provide a contact
person, who shall not live more than sixty (60) miles fioni the City, for the City to reach during all non-office
hours. The contact person must have the ability to authorize Contractor operation in the case of City direction
or situations r uiring immediate attention. The Contractor’s Equipment Yard and office are located currently
at 2700 NW 48 Street, Pompano Beach, Florida. Equipment Yard means a real property location that shall be
utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all
services under this Agreement in the Service Area
e9,
16. COMPLAINTS Any complaints received by the City will be forwarded to the Contractor by telephone,
computer, or electronic media at least twice daily where the Contractor shall record it on a complaint log, as
well as any complaints received directly by the Contractor. The complaint shall be resolved within twenty-four
(24) hours after the Contractor receives it. When the complaint is received by 12:OO noon on a Saturday or the
day preceding Thanksgiving Day and Christmas Day, it shall be resolved by the Contractor the same day it is
received; however, if received after 12:OO noon, it shall be resolved no later than the next regular working day.
When the Contract Administrator notifies the Contractor of a complaint or the Contractor receives a complaint
the Contractor shall take the appropriate steps that may be necessary to resolve the complaint within
twenty-four (24) hours after its receipt. If a complaint cannot be resolved within twenty-four (24) hours, the
Contract Administrator shall be notified immediately of the reasons for the delay. If the Contract Administrator
approves the reasons, the twenty-four (24) hour resolution period will be adjusted.
The Contractor shall provide the Contract Administrator or designee with a full written explanation of the
disposition of any complaint involving a claim of damage to private or public property as a result of actions of
the Contractor’s employees, agents, or sub-contractors. Any damage shall be repaired within seven (7)
business days with written disposition submitted to the City within five (5) days following resolution.
The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a
register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be
submitted to the City after the tenth (IO*’ day of each month for the preceding month. The record shall indicate
the day and hour on which the complaint was received and the day and hour on which it was resolved. The
complaints received by the Contractor, both residential and commercial customers by service type and their
disposition, shall be delivered electronically daily to the Contract Administrator. Legitimacy of challenged
complaints shall be determined by the Contract Administrator, and hidher decision shall be final.
It is recob.nized that disputes may arise between the City and the Contractor with regard to the collection of
certain items due to disputes over the specific language of the Agreement. The Contract Administrator may
hrn time to time notify the Contractor by telephone to remove all such rebe. Should the Contractor fail to
remove the refuse within twenty-four (24) hours from the time of notification, the City will do so, and all costs
incurred by the City shall be deducted from compensation due the Contractor. This action taken by the City
shall not be deemed a breach of this Agreement; the parties understand that the City has the unilateral right to
set off such anlounts, and such action by the City shall not be deemed a breach of this Agreement. Notice of
he amount deducted shall be given to the Contractor. If the City or designee determines that disputed refuse
did not conform to contract specification, the Contractor shall be entitled to additional compensation for
removal.
26
17. QUALITY OF PERFORMANCE OF CONTRACTOR: It is the intent of this Agreement to ensure that the
Contractor provides a quality level of Solid Waste and Recycling Collection Services. To this end, all
complaints received by the Contact Administrator or designee and reported to the Contractor shall be promptly
resolved pursuant to the provisions of Section 16 and all other terms and conditions of this Agreement.
Complaints shall not include customer informational requests or Recycling Container requests. A complaint
not resolved within twenty-four (24) hours, unless otherwise provided in this Agreement, shall count as two (2)
complaints. In the event complaints received from curbside customers within the Service Area, as determined
by the Contract Administrator designee exceed the limits shown in the tabulation below, the Contract
Administrator shall levy $100.00 per incident administrative charges for those actions related to service as
listed within this Agreement. These administrative charges shall be in addition to other administrative charges
levied by the Contract Administrator. There will be a $I,OOO administrative penalty in addition to other
penalties if the percentage of complaints, based on residential units served, is exceeded monthly or annually.
Type of Complaint Montllly Limit (‘YO) Fiscal Year (Annual) Limit %
Garbage and Damage
Recycling
Vegetation
All Others
0.50%
0.15%
0.50%
0.10%
1.25%
3 .OO%
1 .W!
2.000!
0.50%
6.50%
The Contract Administrator may also levy administrative charges for all other fictions of this Agreement at
$100.00 per day per incident, as determined by the City or designee, without regard to the percentage of
customer complaints including:
A.
B.
C.
D.
E.
F.
C.
H.
I.
J.
K.
L.
M.
N.
0.
P.
Q. R
s.
T.
U.
V.
Commingling Solid Waste with Vegetative Waste andor Recyclable Materials.
Throwing of garbage cans or Recycling Containers.
Failure to collect Recyclable Materials, Solid Waste, or Vegetative Waste on collection schedule.
Failure to replace Garbage Cans, Containers, or Recycling Containers to the point of collection.
Failure to provide clean, safe, sanitary equipment.
Failure to maintain ofice how as required.
Operator not licensed or improperly licensed.
Failure to provide documents and reports in a timely and accurate manner such as listed in A below
Damaged Container or Recycling Container not replaced within forty-eight (48) hours.
Failure to clean spillage.
Failure to repair damage to customer property within seven (7) business days or as otherwise provided
in this Agreement.
Failure to cover materials on collection vehicle(s).
Collection employees or temporary workers not in company uniforms.
Name and phone number, and if applicable, size not displayed on equipment, Containers, or
subcontractor’s equipment.
Not providing current schedule and route maps as required.
Trafic violation within the City issued by law enforcement.
Using improper truck to service commercial or residential customer.
Failure to submit disclosure notices as required in the Agreement to either customer or Contract
Administrator.
Failure to report Residential Solid and Vegetative Waste and Recycling and tonnage activity monthly
(on or before the tenth (lo*’ day of the following month) in a format determined by the City, for the
purpose of tracking and verifymg generation rates.
Failure to collect Recyclable Materials, Solid Waste or Vegetative Waste on schedule for any
customer who has been missed more than three (3) times per Fiscal Year.
Failure to respond to customer calls, including commercial recycling and solid waste collection
service customers, in a timely and appropriate manner.
Failure to place a contamination sticker in Recycling Containers.
27
W.
X.
Failure to replace or provide containers or Recycling Containers within five (5) business days.
Failure to place a sticker on any waste not collected explaining the reason for the pass.
The Contracl Administrator shall assess administrative charges for the following, as set forth herein:
0
0
0
Changing collection routes or schedules without proper notification will result in a $1,OOO.00 fine per
incident.
Failure to clean up spillage of any substance, such as, but not limited to, hydraulic fluid or diesel fuel, will
result in a $2,500.00 fine per day, per incident.
Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste, or Recyclable Materials
to a designated facility will result in the following penalties:
1. First offense, S 1 ,OOO.OO fme
2. Second offense, $2,500.00 fine
3. Third offense, immediate Termination of Agreement.
Failure to complete, either partially or totally, a collection route on the regularly scheduled pick-up day shall
be $500.00 for each route per day not completed.
Filing of requested information and documents:
0
0
1. In addition to any other requirements of this Agreement, the Contractor shall be required to file
pertinent statistical and aggregate cost information pertaining to Solid Waste Collection and Recycling
Collection Services that is requested by the City. The results of all recycling activity conducted by the
Contractor in the City during each month, whether residential or commercial, shall be reported
accurately to the City, in a format and with such dates as specified by the City, on or before the tenth
(1 0*) day of the following month. At a minimum, the Contractor shall submit the following by the
tenth (10'") ofthe month:
0 Customer complaint log
0 Commercial customer service list
0 Tonnagereports
0 Universal Container distribution inventory by address, date, size, and serial number.
2. The Contractor shall file and keep current with the City all documents and reports required by this
Agreement. By September 1 of each year this Agreement is in effect, the Contractor shall ensure and
certify to the City that all required documents such as, but not limited to, certificates of insurance,
audits, performance bond or letter of credit, collection routes and schedules and maps, drivers license
certifications, and list of assigned collection equipment vehicles are current and on file with the City.
Collection route maps shall be provided in a format as required by the City. Failure to file any
document or report within five (5) working days of tlie required filing date, except where granted an
extension by the Contract Administrator, may result in the levy of an administrative fme as provided
in Section 17. Nothing herein, however, shall prevent the City from asking for the information above
at any time.
For the purpose of this Section, the Contract Administrator may deduct any charges from payments due or to
become due to the Contractor, and the City shall not be deemed in default hereunder. The Contract
Administrator may assess charges pursuant to this Section on a monthly basis in connection with this
Agreement and shall at the end of each month during the term of this Agreement notify the Contractor and the
City in Writing of the administrative charges assessed and the basis for each assessment. In the event the
Contractor wishes to contest such assessment, it shall, within five (5) days after receiving such monthly notice,
request in writing to the Contract Administrator an opportunity to be heard by the City and present its defense
to such assessment.
The City shall noti@ the Contractor in writing of any action taken with respect to the Contractor's claims, and
the decision of the City will be final.
28
18. NATURAL DISASTERS: In the event of a hurricane, tornado, major storm or other natural disaster, the
Contract Administrator may grant the Contractor a variance fiom regular Collection Routes and Schedules. As
soon as practicable after such natural disaster, though not more than forty-eight (48) hours, or as soon as Solid
Waste Authority facilities are open for receipt of waste, normal collection routes and schedules shall resume.
The Contract Administrator or designee shall make an effort through the local news media to inform the public
when regular services may be resumed and any special conditions required for collection. If authorized to
provide storm debris removal services by the Contract Administrator, the Contractor’s clean-up activities fiom
some natural disasters may require that the Contractor hire additional equipment, employ additional personnel,
or work existing personnel on overtime hours to clean debris resulting hm the natural disaster. The Contractor
shall receive 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 fmt secured written authorization and approval from the Contract Administrator prior to the
work being performed. In addition, the City may require the Contractor to provide citywide emergency
Vegetative Waste Collection service prior to a pending natural disaster, such as a storm. The City’s Contract
Administrator and Accountant shall audit all such costs prior to payment.
During the month of March each year, the Contract Administrator will review the City’s current disaster
preparedness plan to initially coordinate the regular collection activities of the Contractor in the event of a
natural disaster. On January lof each year of this Agreement, the Contractor is required to provide a disaster
preparedness plan to the Contract Administrator for review and approval. This plan shall include provisions for
additional manpower and equipment and will establish a reasonable, verifiable rate for collection in the event of
a natural disaster to be compensated through the City’s Contract Service fees if the Contractor is authorized to
provide removal services by the City. In the event that excess work resulting from a natural disaster is
compensated by the Federal Emergency Management Agency, or any other local, state, or federal agency, the
extra compensation shall be subject to such agency‘s approval. The Contractor shall update his natural disaster
plan each year of the term of the Agreement for the Contract Administrator‘s review and approval. The parties
hereto understand that there shall be no double billing for services hereunder.
The parties hereto further understand that the City retains other contractors and consultants to assist in
hurricanes and other natural disasters debris removal and assistance. The Contractor herein agrees to work with
such parties as part of its duties in this Contract.
19. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be considered to be in
default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which by the exercise of reasonable diligence the non-performing party could not avoid. However, the City
is not required to compensate the Contractor for services not provided.
Neither party shall, however, be excused from performance if nonperformance is due to forces which are
preventable, removable, or remediable and which the nonperfonning party could have, with the exercise of
reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The nonperforming party
shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligations of this Agreement.
PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinance and maintain the same in full force and effect. Any change of the licenses or
permits shall be reported to the City within ten (IO) working days of the change. By award of this Agreement,
the City grants a Roll-off Collection Permit, which must be signed by the Contractor. Annual permit fees are
waived.
20.
21. PERFORMANCE BOND: The Contractor shall Wsh to the City a performance bond executed by a surety
company licensed to do business in the State of Florida andor a clean irrevocable letter of credit issued by a
bank within Palm Beach County to ensure the faithfbl performance of this Agreement and all obligations
arising hereunder in the appropriate amount determined in accordance with Exhibit IV, attached hereto and by
this reference incorporated herein. The clean irrevocable letter of credit or bond provided hereunder may each
be substituted for the other upon approval by the City. The form of this bond or letier of credit and the Surety
29
Company shall be acceptable to the City Attorney and the Contract Administrator and shall be maintained
during the term of this Agreement as provided in Section 1. The bond shall not be canceled, limited, or
non-renewed until after thirty (30) days' written notice has been given to the City. Current performance bond
evidencing required coverage must be on file at all tinrs.
22. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable local, state, and
federal laws, rules, regulations, codes, ordinances, directives, and guidelines relating to wages, hours, overtime
and all other applicable laws relating to the employment or protection of employees, now or hereinafter in
effect. The Contractor shall provide salary and benefits to employees that are competitive in Palm Beach
County for the Solid Waste Collection Industry. Conditions of employment shall be published and
conspicuously posted so all employees may be informed. The Contractor shall furnish reasonable uniforms,
rain gear, and safety equipment at its expense.
23. INSURANCE: During the term of the Agreement, the Contractor shall procure, maintain, and provide, at its
own expense, the City with certificates of insurance or evidence of the insurance required under this Section.
Cancellation or modification of said insurance shall not be effected without thirty (30) days' prior written notice
to the City.
A. Workers' Compensation Insurance: Workers' Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liability Coverage in an amount not
less than $lOO,OOO.00 per each accident, $1OO,OOO.00 by disease, and $500,000.00 aggregate by
disease.
9. Liability Insurance: The Contractor shall, during the term of this Agreement, and any extensions
hereof, maintain in full force and effect a commercial general liability insurance policy and
automobile liability insurance policy, which specifically covers all exposures incident to the
Contractor's operations under this Agreement. Such insurance shall be with a company acceptable to
the City, and each policy shall be in an amount of not less than $1,OOO,OOO.00 Combined Single Limit
for per~onal bodily injury, including death, and property damage liability, and the general liability
shall include, but not be limited to, coverage for Premisedoperations, ProductdCompleted
Operations, Contractual to support the Contractor's Agreement or indemnity and Fire Legal Liability.
In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella andor
excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal copration in
the State of Florida, as an additional insured as its interests may appear. Current certificates of
insurance evidencing required coverage must be on file with the City at all times. The Contractor
expressly understands and agrees that any insurance protection fiunished by the Contractor shall in no
way limit its responsibility to indemnify and save harmless the City under the provisions of Section 24
of this Agreement.
24. INDEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses, or
damages the City may suffer as a result of claims, demands, costs, or judgments against the City arising out of
the negligence, gross negligence, willhl acts, and wronghl acts or omission of the Contractor or its employees,
which said liabilities, losses, damages, claims, demands, costs, or judgments arise directly out of the matters
which are the subject of this Agreement and the work to be performed thereby. The Contractor shall not be
responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence, or
other liability to the extent caused by the act or omission, in whole or in part, of the City or any one of its
employees or agents. In connection with any legal proceedings arising hereunder, the City reserves the right to
retain counsel of its choice and at its own expense, or in the alternative, approve counsel obtained by the
Contractor. The parties hereto acknowledge that the indemnification herein is supported by adequate
consideration.
30
25. ACCESS AND AUDITS: The Contractor shall maintain within Palm Beach County adequate separate
fmial and operating records for the Service Area of the Solid Waste Collection and/or Recycling Services
during the Fiscal Year and for three (3) years following the end of each Fiscal Year during the term of this
Agreement. The City or designee shall have the right to review all applicable records maintained by the
Contractor upon twenty-four (24) hours' written notice.
The Contractor shall provide the City an Audited Financial Statement, including, at a minimum, a Balance
Sheet and an Income Statement representing the fmncial position and the results of operations, respectively, of
the Contractor specifically for the Service Area. The report must include the opinion of a Florida Certified
Public Accountant, who has conducted an audit of the Contractor's books and records in accordance with
generally-accepted accounting principles, which include tests and other procedures necessary, that the Financial
Statements are fairly presented, in all material aspects, in conformity with generally accepted accounting
principles. The annual audit shall reflect, at the very least, information regarding the Statement of Income and
Expenses in the format shown in Exhibit I11 and shall be delivered to the City within one hundred twenty (120)
days of the twelve (I 2) month period ending the Contractor's Fiscal Year.
26. POINT OF CONTACT: All dealings, contacts, notices, and payments between the Contractor and the City
shall be directed by the Contractor to the Contract Administrator or designee.
27. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing
and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Attention: Contract Administrator Copy to: City Manager
As to the Contractor:
Waste Management Inc. of Florida
2700 NW 48Ih Street
Pompano Beach, Florida 33073
Attention: Market Area Vice President
Notices shall be effcctive when received at the address as specified above. Changes in the respective address to
which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is
acceptable notice effective when received; however, facsimile transmissions received (ie., printed) after 5:OO
p.m. or on weekends or holidays will be deemed received on the next business day. Additionally, the original
of the notice must be mailed as required herein.
28. DEFAULT OF CONTRACT:
A. The City may cancel this Agreement, except as otherwise provided below in this Section, by giving
the Contractor thirty (30) days' advance written notice, to be served as hereafter provided, upon the
happening of any one of the following events, which will be deemed to be a material breach of
contract:
1. The Contractor shall take the benefit of any present or fiture insolvency statute, or shall make a
general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a
petition or answer seeking an arrangement for its reorganization or the re-adjustment of its
31
indebtedness under the Federal bankruptcy laws or under any other law or statute of the United
States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, the Contractor shall be adjudged bankrupt or an order shall be
made approving a petition filed by any of its creditors or by any of the stockholders of the
Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal
bankruptcy laws or under any law or statute of the United States or of any state thereof, provided
that if any such judgment or order is stayed or vacated within sixty (60) days after the entry
thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such
stayed judgment or order is reinstated, in which case said default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule, or any order or
decree of any Court or govemniental board, agency, or officer having jurisdiction, a receiver,
trustee, or liquidator shall take possession or control of all or substantially all of the property of
the Contractor, and such possession or control shall continue in effect for a period of sixty (60)
days; or
4. The Contractor has defaulted, by failing or refusing to perform or observe the terms, conditions,
or covenants in this Agreement or any of the rules and regulations promulgated by the City
pursuant thereto, or has wrongfully failed or refused to comply with the instructions of the
Contract Administrator relative thereto, whether such default is considered minor or major, and
said default is not cured within thirty (30) days of receipt of written notice by the City to do so, or
if by reason of the nature of such default, the same cannot be remedied within thuty (30) days
following receipt by the Contractor of written demand from the City to do so, the Contractor fails
to commence the remedy of such default within said thuty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing thereof
(with the Contractor having the burden of proof to demonstrate [a] that the default cannot be
cured within thmy [30] days, and [b] that it is proceeding with diligence to cure said default, and
such default will be cured within a reasonable period of time).
B. However, notwithstanding anything contained herein to the contrary, for the failure of the Contractor
to provide collection service for a period of five (5) consecutive scheduled working days, the City may
secure the Contractor's billing records (at the request of the City, the Contractor shall provide such
records) on the sixth (6") working day in order to provide interim contract collection services until
such time as the matter is resolved, and the Contractor is again able to perfom pursuant to th~s
Agreement; provided, however, if the Contractor is unable for any reason or cause to resume
performance at the end of thirty (30) working days, all liability of the City under this Agreement to the
Contractor shall cease, and this Agreement may be deemed immediately terminated by the City.
C. Notwithstanding the foregoing and as supplemental and additional means of termination of this
Agreement under this Section, in the event that the Contractor's record of performance shows that the
Contractor has frequently, regularly, or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and performed by Contractor, in the opinion of the
City and regardless of whether the Contractor has corrected each individual condition of default, the
Contractor shall be deemed a "habitual violator", shall forfeit the right to any further notice or grace
period to correct, and all of said defaults shall be considered cumulative and collectively shall
constitute a condition of irredeemable default. The City shall thereupon issue the Contractor fwl
warning citing the circumstances therefore, and any single default by the Contractor of whatever
nature, subsequent to the Occurrence of the last of said cumulative defaults, shall be grounds for
immediate termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of witten Final Notice to the Contractor, such cancellation
to be effective upon the fifteenth (15*) consecutive calendar day following the date of Final Notice,
and all contractual fees due hereunder, plus any and all charges and interest shall be payable to said
date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final
Notice, the Contractor shall proceed to cease any Mer performance under this Agreement.
32
D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as
otherwise provided in said paragraphs, termination shall be effective upon the date specified in the
City’s written notice to the Contractor and upon said date this Agreement shall be deemed
immediately terminated and upon such termination all liability of the City under this Agreement to the
Contractor shall cease, and the City shall have the right to call and claim against the performance bond
and shall be free to negotiate with other contractors for the operation of the herein specified services.
The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing
interim collection service in addition to all other remedies the City may have against the Contractor.
29. PUBLIC WELFARE: The City shall have the power to make changes in or to impose new and reasonable
rules and regulations, and tern and conditions on the Contractor under this Agreement relative to the method
of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Materials as shall
from time to time be necessary and desirable for the public welfare; provided, however, that any such rules or
regulations, and terms and conditions shall be delivered to and receipted for by the Contractor, or if the
Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any
proposed change and an opportunity to be heard concerning those matters. The method of collection and
disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited
to, the manner, procedures, operations, and obligations, financial or otherwise, of the Contractor. The
Contractor shall be reasonably and appropriately compensated as determined by negotiation and Agreement
between the City and the Contractor for any additional senices or other obligations required of the Contractor
due to any modification in the Agreement under this Section.
30. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same.
Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any
succeeding breach of such provisions or as a waiver of any provisions itself.
31. TITLE TO WASTE: The City shall, at all times, hold title and ownership to all Residential Solid Waste,
Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this
Agreement, and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of
any such materials without specific written authorization from the Contract Administrator. The City shall, at all
times, hold title and ownership to all Commercial Solid Waste, Vegetative Waste, Trash, Recyclable Material,
and all other waste collected by the Contractor pursuant to this Agreement, except for the ownership rights
provided for under Section 4.G.3 Ownership, and the Contractor shall have no right to take, keep, process, alter,
remove, or otherwise dispose of any such materials without specific written authorization from the Contract
Administrator.
32. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida. This Agreement shall not be construed against
the party who drafted the same, as all parties to this Agreement have hired legal and business experts to review
the adequacy of the same.
33. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under this Agreement to comply
with all applicable laws, rules, regulations, ordinances, and codes, directives and guidelines whether state,
federal or local.
34. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
Occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the
validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be
deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if
the Agreement did not contain the particular portion or provision held to be void. The parties fiuther agree to
reform the Agreement to replace any sticken provision with a valid provision that corns as close as possible to
the intent of the sticken provision. The provisions of this Section shall not prevent the entire Agreement fiom
being void should a provision which is of the essence of the Agreement be determined to be void.
33
35. ASSIGNMENT AND SUBLETTING: The Contractors may be permitted to assign or sublet this Agreement,
with prior City approval, which may be withheld, only for the provision of portable sanitation services for
Community Services or Special Events as noted in Section 43 and for the collection of large piles or quantities
of vegetation and trash requiring specialized equipment fitted with grappling devices. The subcontractor's
equipment shall be equipped with signs on both sides identifylng them as subcontractors to the Contractor. All
liability for subcontractors shall be the responsibility of the Contractor. Otherwise, subcontractors will not be
permitted under the tenns of this Agreement. No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole or part by the Contractor without the express written consent of the
City. The City shall have 111 discretion to approve or deny, with or without cause, any proposed assignment or
assignment by the Contractor. Any assignment of this Ageement made by the Contractor without the express
written consent of the City shall be null and void and shall be grounds for the City to declare a default of this
Agreement and immediately terminate this Agreement by giving written notice to the Contractor, and upon the
date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all
liability of the City under this Agreement to the Contractor shall cease, and the City 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 Contract Service area which is the subject of this Agreement. In the event of any assignment,
assignee shall fully assume all the liabilities of the Contractor.
It is also acknowledged that in the event of any assignment, the City would incur additional costs as a result of
the transition to another contmctor. The parties acknowledge that in that instance the Contractor agrees the City
would be entitled to additional costs andor other damages incurred to mitigate potential tangible or intangible
impacts incurred by the City during the transition period, as mutually agreed to between the parties. This
Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
36. MODIFICATION: This Agreement constitutes the entire contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, or mended in any respect unless in writing and
signed by the parties hereto. Such modification shall be in the form of an amendment executed by both parties.
37. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein contained is intended
or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or
as constituting the Contractor as the agent, representative, or employee of the City for any purpose whatsoever.
The Contractor is to be and shall remain an independent Contractor with respect to all services performed under
this Agreement.
38. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to the Agreement due
to municipal annexation or contraction will be as provided by Section 17 1.062, Florida Statutes, as amended, or
its successor.
39. CHANGE OF LAW The parties understand and agree that the Florida Legislature 6om time to time has
made comprehensive changes in Solid Waste Management legislation and that these and other changes in law
in the future, whether federal, state, or local, which mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions, or obligations under this
Agreement. Nothing contained in this Agreement shall require any party to perform any act or function
contrary to law.
To the extent that any law effective after the opening and awarding of bids for this Agreement is in conflict
with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement,
the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement
as a result of change in law.
34
40. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Agreement,
including penalty clauses, for any performance quality problems. The Contractor shall not be allowed rate
increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non-
performance of Agreement or a request for a rate increase, either of which are amiuted to the Contractor
accepting the Agreement award at an insuficiently low rate, shall result in cancellation of the Solid Waste and
Recycling Collection Service Agreement between the City and the Contractor. This section shall not be
intcrprtted to apply to annual rate adjustments intended to offset normal increases in the cost of doing business.
41. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Department of
General Services "convicted vendor" list. This list is defuied 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 Section 287.133, Florida Statutes, as amended, or its
successor.
42. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials disposed of by the
customer, provided the materials are prepared and placed within substantial compliance with the guidelines as
set forth herein. The Contract Administrator shall determine any dispute as to the standards of substantial
compliance.
43. COMMUNITY SERVICE: The Contractor shall provide Containers, placement and collection pull service
each Fiscal Year, at no cost to the City and for all special City functions and sponsored events, including, but
not limited to parades, art shows, carnivals, or other such special events, as deemed appropriate by the Contract
Administrator. Such services shall include both large centralized containers and smaller decentralized
containers for both solid waste and recyclable materials.
44. CONTRACT PREPARATION: Prior to the commencement of the term of this Agreement, the Contractor
shall prepare for the collection services in the Service Area in a responsible manner, and at a minimum, shall
adhere to the requirements as set out in Exhibit VII. In the event the Contractor fails to meet the deadlines of
any one of the tasks outlined in Exhibit VII, the City has the right to fine and collect $10,OOO.00 for each task
deadline missed. Appeal of any tines pursuant to this Section is provided elsewhere in this Agreement. The
Contractor shall pay fines levied by the City within thirty (30) days of receipt of an invoice for the fmes. Failure
to meet the deadline of more than two (2) tasks may result in the City declaring a default of the Agreement.
Failure to meet the deadline of more than two (2) tasks may lead to the loss of the right to provide solid waste
collection and recycling services pursuant to the Agreement for the Service Area.
45. FISCAL FUNDING: The terms of this Agreement as provided for herein shall remain unchanged provided
that the City annually approves an appropriation for Solid Waste and Recycling Collection Services.
The parties hereto acknowledge that all the Exhibits attached to this Agreement are incorporated by reference. 46.
35
In Witness Whereof, The City of Palm Beach Gardens, at a regular meeting thereof, by
action of the City Council authorizing and directing the foregoing be adopted, has caused these
presents to be signed by the Mayor of the City, and the City's seal to be hereunto affixed, and
Waste Management, Inc., has executed this Agreement all as of the day and year first above
written.
City of Palm Beach Gardens
ATTEST: /I ,?
By:
s to Form and Legal Sufficiency:
c
&istine P. Tatum, City Attorney
Contractor:
Waste Management Inc. of Florida Inc.
Attest: (Seal)
36
EXHIBITS
I
EXHIBIT I
Approved contractor Rate Schedule
Monthly Residential Rates (As of April 1,2006)
RATES WILL ADJUST ON THE ANNIVASARY DATE OF THE CONTRACT EACH YEAR
Commercial Solid Waste and Recycling Collection Rates
Note: (1) Container Residential customers requiring more than 1 .O collection of Recycling Containers per week will
be charged 75% of the container recycling service rate per month per unit. The Contractor shall provide for a
written agreement with the customer for this additional service and shall invoice the customer separately in
accordance with the signed agreement.
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container
Collection Service shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all City-owned. -rented, or -leased
properties at no cost to the City.
(4) Amually, the above collection rates for the current year will be adjusted by 80% of the Consumer Price
lndex (CPI) for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will detennine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the
same calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for
disposal as charged by the Authority. The calculation for non-compacted Garbage and Trash is 134 Ibskubic
yard times the Authority’s tipping fee ($/ton) times I tod2000 Ibs = $/cy. Commercial non-
compacted Vegetation is calculated at 275 Ibs/cubic yard times the Authority’s tipping fee ($/ton) times 1
tOn/2000 = $/cy. The compacted disposal rate for commercial solid waste or vegetative waste may be
billed at either actual expense or three times the rate for nonsompacted solid waste or vegetative rate,
respectively. The Contractor shall include disposal charges on monthly invoices for commercial customers as a
separate line item. Small compactors are to be invoiced at the cubic yard rate in the above table for collection
plus disposal, and large Compactors are to be invoiced the “pull” rate in the above table plus actual disposal,
except for residential customers who are charged a unit rate and no disposal.
(6) In the unlikely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator
will determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials.
The Contractor will be responsible for billing Commercial Recycling customers for the Recyclable Materials
disposal fee.
I1
EXHIBIT I
Rolling Out Commercial Universal Container, with 20 or
more feet per direction
Rolling Out Container (and returning it to original
RATES DETERMINED BY THE ClTY
(NOT TO BE ADJUSTED DURING TERM OF AGREEMENT)
$1 .OO / Container I Service
(no charge for residential or commercial less than 20 feet per
direction)
$2.70 Container I month I service
location) I
Back Door Service (Residential Curbside Only)*
(more than 10 feet per direction)
Negotiable between the parties
Solid Waste and Recycling only
Opening (and closing) Doors or Gates
I
Locks for Containers I $9.00 (one time)
Medical I Handicap is Free
No Charge
Unlocking Containers
Charge for Replacements based on cost + 10%
$ 1.35 t month t service
Supplying (and retrofitting) locking mechanism on
Container***
Adding wheels to or changing wheels on Containers
Adding lids to or changing lid(s) on Containers
Moving Container Location Per Customer Request
of impaired accessibility I
Additional unscheduled (not including “on-call”) 3 times Applicable Commercial Rates
$55.00
No charge for Contractor-owned Containers
(see rate below for other containers)
No charge for Contractor-owned Containers
(see rate below for other containers)
No Charge for Contractor-owned Containers
Changing Out Sizes (above once per year)**
Additional Scheduled Pick-ups for solid waste
Residential Container Customers
Additional Unscheduled (not including “oncall”) Pick-
ups for Conunercial and Residential Containerized
Customers
Special Services or Special equipment required because
* 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 change is free to the customer.
Determination of necessity of locking mechanisms is based on customer requirements.
** *+*
Note: Customer-requested maintenance on non-contractor owned Containers shall be at cost plus 15% on pre-work
authorization signed by the customer.
$25.00
Same as Applicable Commercial Collection Rates
(NO Disposal Charges)
3 times Applicable Commercial Rates
(No Disposal Charges for Residential)
Negotiable wl City Manager
I
Pick-ups for Commercial and Residential Container
Customers
Cut tree and canopy removal exceeding limitations on
normal service
(No disp&~l charges for Residential)
$12.00 per cubic yard
EXHIBIT 11
Residential Solid Waste Disposal Credit Calculation
Category Type Generation Factor Times (x) Garbage Annual Credit
(TonsNear)" Tipping Fee per unit
less units
111 Mobile Homes 1.10 X t
IV Multi-family, more 0.14 X t I I than 4 units- I
Residential Vegetative Waste Disposal Credit Calculation
~~~~~ Category Type Generation Factor Times (x) Annual Credit per
(TonsNea r) Vegetation unit
Tipping Fee - - I Single Family 0.85 X
11* Multi-family, 4 or less 0 X
IV Multi-family, more 0 X
- -
units
111 Mobile Homes 0.58 X =
- -
than 4 units
(*) Generation factors estimated based on waste generation studies prepared by the Authority; in the event the actual
disposal exceeds these estimates, the Contractor shall pay the excess disposal fees at no cost or liability to the City
or the customer. The City accepts no responsibility or financial liability for waste generation rates or quantities
produced by City residents during the term of this Agreenxnt or any extension of the Agreement.
I1
Exhibit 111
Annual Financial Reporting Format
The Contractor shall submit to the City an audited comparative operating cost statement prepared in accordance with
generally accepted accounting standards for each residential and commercial operation within the Service Area.
The Contractor shall disclose all methods of allocation used to distribute costs recognized in the operating cost statement
for the Service Area and/or commercial and residential operations. The disclosure shall be in a narrative form and
include the basis for the allocation method.
The Contractor shall provide a description of the expenses classified as Other Operating Expense and Other General and
Administration.
The Contractor shall submit to the City any adjustments made during the annual audit that have an effect upon the
pnviously-submitted monthly revenue statements for the twelve (I 2) months of the fiscal Year being audited.
Any allocations made will need to be disclosed in a narrative format, along with the basis for those allocations.
Additionally, it is understood that the Contractor shall utilize the accrual basis of accounting for income and expenses.
Although the City reserves the right to audit or review the information supplied, the Contractor is not required to provide
an audit of the accompanying information.
Attached is the required City format for fmncial statement reporting in accordance with this Agreement.
I11
EXHIBIT 111
Revenues:
(list by type)
Total Revenue
(Contractor) ,
Statement of Income and Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
$
$
Operating Expenses:
Depreciation - Vehicles !$
Disposal fees paid to the Authority $
Contract Service Fees paid to the City $
Fuel and Oil $
Labor and Fringe Benefits $
Other Operating $
Truck Maintenance - Labor $
Truck Maintenance - Parts $
Total Operating Expenses
~
General and Administrative:
Salaries and Wages $
Officers' Salaries $
Other General and Administrative $
Total Genelal and Administrative
Income before Provision for Income Taxes $
Provision for Income Taxes $
Net lncorne
"The Accompanying Notes are an Integral Part of this Statement"
EXHIBIT IV
PERFORMANCE BOND REQUIREMENT
The AMUI Performance Bond due to the City from the Contractor is calculated as:
Net Annual Revenues (Gross Annual Revenues Minus Disposal Fees paid to the Solid Waste Authority) multiplied by
fifty percent (50%) = Performance Bond Required.
Performance Bond Requirement
Gross Revenue $4,107,855.46
Net Annual Revenue $2,053,927.68
x 50%
Less Disposal Fees 0
Annual Performance Bond Requirement shall be calculated annually in March by the Contractor and submitted to the
City Contract Administrator by anniversary date each year for the next Contract year.
V
EXHISII V
QUARTERLY FINANCIAL REPORTING FORMAT
The Contractor shall submit to the City within forty-five (45) days of the end of each quarter a revenue statement
prepared in accordance with generally accepted accounting principles individually for each residential and commercial
operation within the Service Area.
The Contractor shall disclose all methods of allocations used to distribute revenues between Service Area commercial
and residential operations. The disclosure shall be in narrative forni and include the basis for the allocation method.
The required format for Quarterly Financial Statement reporting in accordance with this Agreement is shown below.
(Contractor)
Statement 01 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 maintenance,
special service rates, etc.)
Total Revenue
$
Disposal Expenses:
Disposal fees paid to the Authority
Net
Contract Service Fees (Net * .OS)
!$
"The Accompanying Notes are an Integral Part of this Statement"
VI
EXHIBIT VI
NON-ASSESSED RESIDENTIAL DISPOSAL
COMPENSATION PROCEDURE
The purpose of chis exhibit is to establish the procedures and schedule whereby the City will compensate the Contractor
disposal fees for non-assessed residential units.
The City will use generation rates for the four (4) residential categories established by the Solid Waste Authority (SWA),
as shown in Table 11, times the new units listed each month by the City as having received a Certification of Occupancy
(CO) times the number of months remaining in that fiscal year before the unit becomes an assessed unit, times the then
cwent disposal fee set by the SWA. The attached Table 1 sets the number of months from issuance of a CO until the
unit(s) become assessed for which disposal fees will be paid to the Contractor.
Disposal fees due on units that remain non-assessed units in the following fiscal year after issuance of a CO. Disposal
fees will be paid to the Contractor in the same month of the year as the month of their CO issuance using the formula
described above times the months remaining until the unit becomes an assessed unit. The City will not compensate the
Contractor disposal fees per unit in excess of the amount collected by the City. The formula to be used 1 no. of units x
generation rate for garbage / trash hen vegetation for category of unit + by 12 months x months remaining in the fiscal
year x the SWA per ton disposal fee for garbage / trash or vegetation. Examples of this formula calculation are shown in
Tables 111 a & b.
The City will pay the Contractor disposal fees monthly for new non-assessed residential unit based upon the method
detailed above during the term of the Contract, which expires on March 30,20 12.
VI I
October
IS' yr. 12
2"d yr. 0
April
IS' yr. 6
2"d yr. 12
Unit Type
Single Family
Multi-family
(less than 5 units)
Mobile Home
Multi-family
(More than 4 units)
Table I
Non-Assessed Residential Unit
Payment Schedule
(Months Until Assessed)
November December
11 IO
0 0
May June
5 4
12 12
January
9
12
July
3
12
February
8
12
August
2
12
Table I1
Solid Waste Authority
Residential Unit Waste Generation Rates
Garbage Trash Vegetation
March
7
12
September
1
12
Total
Tons Per Year Tons Per Year Tons Per Year
1.10 .85 1.95
.67 .oo .67
1.10 .58 1.68
.74 .oo .74
VI11
Table Ill a
Solid Waste:
Vegetation:
Solid Waste:
Solid Waste:
Vegetation :
Solid Waste:
Solid Waste:
Vegetation:
Solid Waste:
Example #I of Calculating Non-Assessed
Residential Unit Disposal Fees
November CO Residential
Units: 74 SF and 8 MF (Cat. 4)
1" Year November - September
74 single family units x 1.10 tons + 12 months x 11 months x $28.00 per ton =
$2.089.26 or $28.23 per unit.
74 single family units x .85 tons f 12 months x 1 1 months x
$25.00 per ton = $1,441.45 or $19.47 per unit.
8 multi family units x .74 tons f 12 months x 11 months x
$28.00 per ton = $151.94 or $18.99 per unit.
2d Year November - No Payment Due
Table 111 b
Example #2 of Calculating Non-Assessed
Residential Unit Disposal Fees
March 2004 CO Residential
Units: 121 SF and 25 MF (Cat. 2)
1" Year March - September
12 1 single family units x 1.10 tons f 12 months x 7 months x
$28.00 per ton = $2.173.96 or $17.96 per unit.
12 1 single family units x .85 tons i 12 months x 7 months x
$25.00 per ton = $1.499.89 or $12.39 per unit.
25 multi-family units x .67 tons f 12 months x 7 months x
$28.00 per ton = $273.58 or $10.94 per unit.
2d Year - Due in March
121 single family units x 1.10 tons f 12 months x 12 months x
$28.00 per ton = $3.726.79 or $30.79 per unit.
121 single family units x .85 tons f 12 months x 12 months x
$25.00 per ton = $2.57 1.24 or $21.24 per unit.
25 multi-family units x .67 tons i 12 months x 12 months x $28.00
per ton = $468.99 or $1 8.75 per unit.
IX
Exhibit VI1
Collection Preparation and Implementation Plan Requirements
1
Task Minimum Start Date
Start-up Plan & Schedule(s)
0
0 Provide City confirmation of equipment delivery dates January 25,2006
0 Public Information Plan February 2006
Order equipment (Final award approval takes place on
City Council’s second reading)
January 2006
Submit Container Residential and Commercial Container
Begin curbside routing
February 15,2006
January 3 1,2006
rehabilitation schedule (repair and paint)
Submit curbside routing plans to the City for review & approval I February 1,2006
Train drivers on equipment I February 1,2006
Drivers and supervisors run routes (new employees)
Prepare and mail Disclosure notices to commercial customers w/ I March 10.2006
I March I, 2006
copies to the Contract Administrator
Mailer to all curbside customers on new collection schedule and February 15,2006
set out requirements
Door hangers on all curbside customer’s door on new collection I February 15,2006
schedule and set out requirements
Submittal of Special Service “Off Curb” signed Agreement to March 15,2006
Contract Administrator (Customerh-lauler Agreement) I
Develop and approve procedures required by this contract (City) I March 15,2006
ndlines
Maximum completion Date
~~
March 2006
January 3 1,2006
February 28,2006
June 31.2006
March I, 2006
March 3 1.2006
March 3 1 ~ 2006
~ ~~~ March 3 I, 2006
March 20,2006
March 15,2006
March 15,2006
March 3 1,2006
March 31,2006
(1) Contractor and Contract Administrator to agree on schedule of distribution
(2) The Contractor shall be responsible for all of the public notification requirements specified in the startup plan in this
exhibit.
X
lo500 N. MILITARY TRAIL PALM BEACH GARDENS. FLORIDA 33410-4698
February 16,2006
Waste Mana ement, Inc of Florida
2700 NW 48 Street
Pompano Beach, Florida 33073
Attn: John Casagrande
9
Dear Mr. Casagrande:
Enclosed for your records is one certified copy of Ordinance 2,2006 and (1) Original Agreement
for Solid Waste, Recycling and Vegetative Waste Collection Services Franchise between the
City of Palm Beach Gardens and Waste Management.
If you have any questions, please do not hesitate to contact my office (561) 799-41 95.
Ray Ellis/
Deputy City Clerk
Enclosure
Date Prepared: October 15, 2007
Resolution 120, 2007
EXHIBIT “B”
CLARIFICATION AND ADDENDUM I TO SOLID WASTE, RECYCLING, AND
VEGETATIVE WASTE SERVICES AGREEMENT
THIS CLARIFICATION AND ADDENDUM I to the Agreement is entered into by and
between the CITY OF PALM BEACH GARDENS (City), a municipal corporation, and Waste
Management, Inc. of Florida (Contractor) this (,7" day of h-&c , 2007.
WHEREAS, on February 16, 2006, the City Council adopted Ordinance 2, 2006
granting a franchise for Solid Waste and Recycling Collection Services to the Contractor; and
WHEREAS, in accordance with Article 36 of the Agreement, the City and the
Contractor are desirous of clarifying and amending the Agreement on the terms and
conditions as more particularly provided for below; and
WHEREAS, both parties agree to the terms and conditions as more particularly
provided for below.
NOW, THEREFORE, the City and the Contractor agree as follows:
I. The above Recitals are true and correct and are incorporated herein by reference.
2. The City will pay the Contractor the amount owed for container residential solid waste
collection services from April 1, 2006, to September 30, 2007, less overcharges for a
total of $297,435.48 which will be paid over a twenty-four (24) month period at
$12,393.14 per month.
3. The City and Contractor agree to the following amendments to the Agreement and
Exhibit I of the Agreement:
A. Section 2, entitled Definitions, is amended to provide:
M. Container Residential Recycling Collection Service shall mean the collection of
Recyclable Materials by the Contractor from Dwelling Units in the Service Area that
requires the use of Containers for the collection of Recyclable Materials and which
also receive Residential Collection Service for solid waste, and the delivery of those
Recyclable Materials to the Materials Recycling Facility or designated Solid Waste
Authority transfer station. !x X
N. Container Residential Solid Waste Collection Service shall mean solid waste
collection service of all Dwelling Units whose Garbage, Trash, or Bulk Trash is
collected by means of a central or shared Container and not by means of a
Garbage Can. Vegetative Waste collection service is not provided. Wkxwke
ZZ. Commercial Container Residential Collection Service shall mean Solid
Waste and Recvclina Collection Services provided to multifamilv dwelling units
that are rented or leased to occupants bv the Dropertv owner or owner’s
representatives and are therefore deemed commercial operations. All units
within a building or development shall remain in this customer category if being
converted until complete conversion of the development to individual private
ownershiD and the Citv approves a change to Container Residential Collection
Service. Collection Service shall include Garbage. Trash, Bulk Trash, and
Recvclina. The Contractor shall invoice these units monthlv as commercial
accounts using the per-unit rates for Container Residential Collection Service.
These units are exempt from anv disposal charges as are all residential
dwellings.
B. Section 4.D., entitled Container Residential Solid Waste Collection Services, is
amended to provide:
D. Container Residential Solid Waste Collection Services. The Contractor shall
provide Container Residential Solid Waste Collection Service to all Dwelling Units
in the Service Area that is are suitable to receive such service and request such
service. Normal Container Residential Solid Waste Collection Service, not
including Bulk Trash collection, shall be twice per week. The Contractor and the
residential complex, in accordance with this Agreement, shall determine the size
and location of the Container and frequency of collection. In case of an
unresolved dispute, the Contract Administrator shall resolve such issue. We
the residential complex above twice per week for Container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be
invoiced directly by the Contractor in accordance with the commercial solid waste
collection rates in Exhibit I. The Contractor shall be responsible for the billing and
collection of payments from Container Residential customers for this collection
service. The frequency of collection of Bulk Trash outside the Container shall be
no less than once per week unless otherwise agreed to by the customer and
approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items
separately, in a non-compacting vehicle, and deliver the item, with every attempt
not to release the CFCs into the atmosphere, to the Authority landfill or to a scrap
dealer located in Palm Beach or Martin County. There shall be no weight limit for
any Bulk Trash item.
.. 3 ..
C. Section 4. I., entitled Method of Payment, is amended to provide:
I. The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative
Waste, 4 Container Residential Solid Waste, Curbside Residential Recycling
Collection Services. Payments from the City to the Contractor will be done and
paid no later than the tenth (loth) day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit I, which
may be modified from time to time but not more frequently than annually,
2
pursuant to the provisions for an Extraordinary Rate Adjustment as provided
herein or as otherwise agreed to by the City. The Contractor shall be responsible
for billing and collection of payments for Commercial Container Residential Solid
Waste and Recycling Collection Services as well as Commercial Solid Waste and
Commercial Container Residential Collection Services shall be invoiced at the
Container Residential unit rate and Commercial Services at the Commercial rates
set out in Exhibit I. The rates set out in Exhibit I shall be adjusted only as
necessary in subsequent years pursuant to the provisions for an Extraordinary
Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the
Containers used by the customer for Commercial Recycling Collection
Service, at the rate set out in Exhibit I, as determined by the Contract
Administrator.
.. Recycling Collection Service, h ..
D. Section 5.B., entitled City’s Obligation, Payments, is amended as follows:
5.B. City’s Obligation, Payments:
1. The City will be responsible for payments for those units included in the
City’s mandatory Curbside Residential Solid Waste and Vegetative Waste
Collection Services and the Curbside Residential Recycling Collection
Services as well as Container Residential Solid Waste and Recvclinq
Collection Services. pfqyafw . The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to this
Agreement. The Contractor shall be entitled to payment for the collection
services specified here irrespective of whether or not the City collects from
customers for such services. Payments from the City to the Contractor will be
due and paid no later than the tenth (IOth) day of the month following the
month during which services were rendered.
On or before April 1, and before commencement of work by the Contractor
under the terms of this Agreement, the City or designee shall provide to the
Contractor the estimated total number of units to be serviced including
container residential units. By November 1 of each Fiscal Year, the City or its
designee shall provide to the Contractor a copy of the annual tax roll providing
a listing of all the units to receive these services. Thereafter and for the
duration of this Agreement, the City or designee shall notify the Contractor
monthly of new residential units to be served and/or deleted and payments will
be adjusted accordingly. New Dwelling Units, which are added for collection
service during the City’s Fiscal Year, are added for collection service during
the City’s Fiscal Year, will be added to the customer service list, and payment
for said services will be paid by the City to the Contractor in the Contractor‘s
monthly payment. Payment will commence the first day of the month following
the issuance of a certificate of occupancy (“CO”). The payments from the City
to the Contractor for units added by CO are paid no later than the tenth (loth)
day of the month. After the first year of the Agreement, the Dwelling Unit
becomes part of the total number of the subsequent year‘s total number of
units, provided annually to the Contractor on or before October 1.
3
Reconciliation will occur every year in January based solely on units listed in
the tax roll plus units issued COS since January of the previous year. The
Contractor is responsible for the billing and collection for collection services
provided to Commercial sContainer FResidential Collection customers.
E. Revised Exhibit I, entitled Approved Contractor Rate Schedule, is hereby adopted:
Exhibit I
Approved Contractor Rate Schedule
Monthly Residential Rates (Revised as of April I, 2006)
RATES WILL ADJUST ON THE ANNIVERSARY DATE OF THE CONTRACT EACH YEAR
Residential Container Collection Iwr unit)
b
Commercial Solid Waste and Recycling Collection Rates
Note: (1) Container Residential customers requiring more thanl.O collection of Recycling Containers per week will be charged
75% of the container recycling service rate per month per unit. The Contractor shall provide for a written agreement
with the customer for this additional service and shall invoice the customer separately in accordance with the signed
agreement
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container Collection Service
shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all Clty owned, rented or leased properties at no
cost to the City.
(4) Annually the above collection rates for the current year will be adjusted by 80% of the Consumer Price Index (CPI)
for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the same
calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for disposal as charged by
the Authority. The calculation for non-compacted Garbage and Trash is 134lbdcubic yard times the Authority's tipping
fee ($/ton) times 1 ton / 20001bs. = $/cy. Commercial non-compacted Vegetation is calculated at 275
lbslcubic yard times the Authority's tipping fee ($/ton) times 1 ton/2000 = $/cy. The compacted disposal rate for
commercial solid waste or vegetative waste may be billed at either actual expense or three times the rate for non-
compacted solid waste or vegetative rate, respectively. The Contractor shall include disposal charges on monthly
invoices for commercial customers as a separate line item. Small compactors are to be invoiced at the cubic yard rate
4
in the above table for collection plus disposal and large compactors are to be invoiced the "pull" rate in the above table
plus actual disposal, except for residential customers who are charged a unit rate and no disposal.
(6) In the unlikely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator Will
determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials. The Contractor
will be responsible for billing Commercial Recycling customers for the Recyclable Materials disposal fee.
4. To the extent not specifically amended herein, all other provisions of the Agreement
dated February 16, 2006, shall remain in full force and effect.
5. The Contractor agrees to comply and abide by all federal, state, and local laws, rules,
regulations, ordinances, guidelines, and directives relating or pertaining to any of its
duties and responsibilities arising from this Agreement.
6. This Agreement shall not be construed against the party who drafted the same as all
parties to this Agreement have hired legal and business experts to review the
adequacy of the same.
7. This Agreement is binding on the parties hereto and their successors and assigns.
(The remainder of this page left intentionally blank)
5
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to
the Agreement.
ATTEST:
Patricia Snider, CMC, CkClerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
WASTE MANAGEMENT, INC. OF FLORIDA
(SEAL)
WITNESSES:
Printed Name:
G:\attorney-shareWGREEMENTSADDENDUMI WasteManagernent clean.doc
6
Date Prepared: October 15,2007
Resolution 120,2007
EXHIBIT “C”
SUBJECT: Preliminary Waste Management Proposal
DATE: October 15,2007
Mission: To reduce the City of Palm Beach Garden's impact on the environment while
providing leadership in the community and encouraging staff, residents and businesses to join
in this initiative.
A. Recvclinn Container Costs: estimate of $20,596.68
1. Recycling Container Sites estimated at seventeen (17) locations, necessitating a
tentative number of containers equal to fifty-nine (59).
2. Additionally, per our City Code, dumpster enclosures are needed to house recycling
dumpsters in high-traffic park area. There are exactly two (2) sites where these fence-
like enclosures are required, estimated at $9,OOO.00
3. It is necessary to allocate some of the proposed funding for receptacle retrofits and
labeling. This is estimated at a cost of $l,500.00
4. Facility Composite: Please see attached (Exhibit "A").
6. Printina and Educational Materials Cost: estimate of $6,500.00
1. Printed materials and supplies are necessary to properly educate the public about the
"Going Green in the Gardens" campaign. This includes printed materials that exhibit
the correct disposal of recyclables, including items such as posters, stickers and other
communication resources.
C. Prowsal Estimated Total Cost: $37,596.68
1. To further the City of Palm Beach Gardens "Going Green" campaign, in partnership with
Waste Management, we respectfully request Waste Management consider the amount
stated above.
1
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3
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5
6
7
8
9
10
11
12
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15
16
17
Exhibit A
Unit Type #ofunits UnitCort Total
625.56 Municipal Complex/Veterans Plaza
Burns Road Recreational Center/ Aquatic Complex
City Park (across from Tennis Center)
Gardens Park
Lake Catherine Park
Lake Catherine Sportsplex
Lakeside Community Center
Lilac Park
Mirasol Park
Oak Park
Plant Drive Park
PGA National Park
Sand Hill Crane Access Park
Tennis Center
Thompson River Linear Park
Municipal Golf Course Clubhouse
Course
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
B
2
4
1
3
2
3
1
2
2
1
3
5
1
2
1
2
18
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
519.75
Type A Grainger 55% Discount
1,251.12
312.78
938.34
625.56
938.34
312.78
625.56
625.56
312.78
938.34
1,563.90
312.78
625.56
312.78
625.56
9,355.50
293.88 Lobby/Lounge Areas - Various City Buildings C 6 48.98
Dumpster Enclosures - Fencing w/green slats
TotalUnits 59 Sub total $ 20,596.68
Parks Bldg. and PGA Park 2 4,500.00 9,OOO.OO
6,500.00
Total $37,5%.68
Receptacle Retrofits/Labeling 1,500.00 - Printing/Educational Materials
Type B Kilpatrick Turf 10% Discount
Type C Grainger 33% Discount
I.
II.
IIL
Iv
V.
VL
VIL
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 1,2012
7:OO P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS. DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST AND BOARD/COMMI'ITEE REPORTS:
CITY MANAGER REP0 RT
COMMENTS FROM TEE PUBLIC (For Items Not on the Aeenda, Please submit
reallest form to the citv ckrk Drier to this Item)
Vm. CONSENT AGENDA
a. [Page 31 APPROVE MINUTES FROM FEBRUARY 2,2012 CITY COUNCIL
MEETING.
b. {Staff Report on Page 12, Resolution on Page 16) RESOLUTION 26, 2012 -
PURCHASE AWARD TO WlSCH b JACKSON CO. OF FLORIDA, INC. A
RESOLUTION OF THE cfp/ COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AppR(TvING A PURCHASE AWARD TO WSCH &
JACKSON CO. OF FLORIDA, INC. FOR AN AUTOMATED LOGIC
CORPORATION (ALC) BUILDING AUTOMATION UPGRADE IN AN AMOUNT
NOT TO EXCEED $66,4W.00 IN ORDER TO REPLACE EXISTING AGING
EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
M, PUBLIC HEARINGS: t *-- dichlHdg)
:Staff Report on Pane 21, Ordinance on Paw 23) bRWUWC€ 7,2042 - (IsT
WADING) RESTATEMENT OF A RETIREMENT PLAN AND TRUST FOR THE
GENERAL m*-*w+ EMPLOYEES. P~ AN ORDNANE OF ME CITY COUNCIL OF THE GARDENS, FLOFZIDA PROVlDlNG FOR THE Yf 6 ESTATEMENT OF A RETIREMENT PUN AND TRUST FOR THE GENERAL
EMPLOYEES OF THE CITY OF PALM BEACH GARDENS, FLORIDA;
4UTHORu3NG THE ADWTlON OF THE RORlDA MUNICIPAL PENSION
rRUST FUND MAslER PLAN DOCIIMENT; PROvlDlNG FOR PUBLICATION;
PROVIDlNG A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
THORITY TO CODIFY, PROVIDING AN EFFECTIVE DATE; AND FOR
x RESOLUTIONS:
LStaff Report on Pam 113. ResoMron - on Pam 1151 RESOLUTION 22,2012 - ESTABUSH JULY AND AUGUST COUNCIL MEETING DATES. A
OF Tnt
AMENWNG THE SCHEDULE OF REGULAR CITY
FOR THE Mo1JTHS OF JULY AND AUGlIsT
mff THE% OF PALM BEACH1
7n47.
ROVIDING AN EFFK=TNE ME AND FOR PURPOSES
XL ITEMS FOR COUNCIL ACTION/DISCUSSION.
JPage 119) RATIFICATION OF NON-RENEWAL OF THE FRANCHISE
AGREEMENT WITH WASTE MANAGEMENT INC. OF FLORIDA, AND
AUTHORIZATION OF A SOUCTTATK)N FOR SOUD WASTE, RECYCLING,
AND VEGETATIVE WASTE COLLECTION SERVEE PROVIDERS.
@s& a-
+' $4
XIL CITYATI'ORNEYREPORT
eys" + f%&~c;jt6J-$$O+Ak$ -l- WPf 3,ao\A.
Xm. ADJOURNMENT
PLEASE TA&E NOTICE AND BE ADKBED ilret jfany ia&ms&d pmly wishes to appeal
any decision made by the Gty Gmncil wit& rrcrpa~r b any ma&r eomidhd at this public
hearing, such interested persons dll nee$ a rclcooJ tflhepmcahgs andmaydtoensure
that a verbaiim rtcordis ma& incMing tk &dmoay and&nce upon which the appeal is
to be based
In accordance with tkc Amaicrrrrs with IXsabSk Act 111111 Sacrion 28426, FIorida Stakrtes,
* inardatopadieipateinthis
atnocost l%wsecakltheCity proceeding are entitladto thepnn&ion ofcclbrin ambtomx
ClerR's office at 561-799-4122 no lata than 5 chps prior to the hedng if this assis&nce is
required For hedng iqmimd as&Wux, d the moridrr Rday Setvice Numbers:
persons Wirk tfhbWes -m-
800-955-8771 (TOO) 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
V
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
March 1,2012
7:OO P.M.
Mayor Levy
Vice Mayor Premuroso
Council Member Russo
Council Member Jablin
Council Member Tinsley
I. ./ PLEDGE OF ALLEGIANCE
11. ROLL CALL
111.1 ADDITIONS, DELETIONS, MODIFICATIONS:
IV /ANNOUNCEMENTS / PRESENTATIONS:
v. /ITEMS OF RESIDENT INTEREST AND BOARDKOMMITTEE REPORTS:
VI. CITY MANAGER REPORT:
VII. f / COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the Citv Clerk prior to this Item)
VIII. CONSENT AGENDA:
54 a.
b.
/Page 3) APPROVE MINUTES FROM FEBRUARY 2,2012 CITY COUNCIL
MEETING.
/Staff Report on Page 12, Resolution on Page IS) RESOLUTION 26, 2012 -
PURCHASE AWARD TO WISCH & JACKSON CO. OF FLORIDA, INC. A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA APPROVING A PURCHASE AWARD TO WISCH &
JACKSON CO. OF FLORIDA, INC. FOR AN AUTOMATED LOGIC
CORPORATION (ALC) BUILDING AUTOMATION UPGRADE IN AN AMOUNT
NOT TO EXCEED $66,400.00 IN ORDER TO REPLACE EXISTING AGING
EQUIPMENT; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
IX. PUBLIC HEARINGS: (* Desienates Quasi-Judicial Hearing)
a. JStaff Report on Page 21, Ordinance on Page 23) ORDINANCE 7, 2012 - (lST
READING) RESTATEMENT OF A RETIREMENT PLAN AND TRUST FOR THE
GENERAL EMPLOYEES. AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA PROVIDING FOR THE
RESTATEMENT OF A RETIREMENT PLAN AND TRUST FOR THE GENERAL
EMPLOYEES OF THE CITY OF PALM BEACH GARDENS, FLORIDA;
AUTHORIZING THE ADOPTION OF THE FLORIDA MUNICIPAL PENSION
TRUST FUND MASTER PLAN DOCUMENT; PROVIDING FOR PUBLICATION;
PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR
OTHER PURPOSES.
X. RESOLUTIONS:
a.
f4
/Staff Report on Page 113, Resolution on Page 115) RESOLUTION 22, 2012
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE SCHEDULE OF REGULAR CITY
COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST, 2012;
PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
- ESTABLISH JULY AND AUGUST COUNCIL MEETING DATES. A
XI. ITEMS FOR COUNCIL ACTION/DISCUSSION:
AUTHORIZATION OF A SOLICITATION FOR SOLID WASTE, RECYCLING,
XII. CITY ATTORNEY REPORT:
XIII. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADWSED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Comments From The Public Request to Address City Council Please Print Name: Address : n City: Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Please Print City: PUN P/u R Subject: LI, c c I !- Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Please Print Name: 5E%-M4n-hXO-) - &/h3n*) & Subject: -ccrvnmh-h -&I @AI i-c c cam &- 4=d Cb 06 Gfledw45rG Address: City: pG(-r Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
Comments From The Public Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” Portion of the agenda and during ”Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.
I
EACH GAR
ICES DEPARTMENT
ITY 0
C
Public Works Division
3704 BURNS ROAD - PALM BEACH GARDENS, FLORIDA 33410-4698
PHONE (561) 804-7000- FAX (561) 775-8279 -47
February 23, 2012
Mr. Jeff Sabin
Government Affairs Manager
L'Vaste Management Inc. of Florida
770 SE Bridge Road
liobe Sound, FL 33455
Dear Mr. Sabin:
Please accept this correspondence in response to your letter, dated February 22, 2012,
in which you requested to extend the existing Solid Waste and Recycling Collection
Services agreement between Waste Management Inc. of Florida and the City of Palm
Beach Gardens (the "Agreement').
In accordance with Section #1 - Term of the Agreement, the City Council must approve
any changes to the agreement, including any extension of the Agreement. At the
regularly scheduled City Council meeting of March 1, 2012, the City Council will consider
this issue and will determine whether to enter negotiations with Waste Management Inc.
of Florida regarding an extension or to direct city staff to solicit bids for the subject
services.
Accordingly, you are welconle to attend the City Council meeting in order to express
Waste Management's position regarding this matter. Your previously referenced
correspondence will be included in the meeting backup materials provided to City
Council for their review and consideration.
Sincerely,
Michael Morrow
Contract Administrator
c: Ron Ferris, City Manager
Jack Doughney, Deputy City Manager
R. Max Lohman, City Attorney
Allan Owens, Finance Administrator
Tim Hawkins, Waste Management
Ron Kaplan, Waste Management
Gary Braswell, Waste Management
File
JEFF SA~H
-AFFAIRS
February 22,2012
Mr. Mike Morrow
PuMk Works Director
City of Palm Beach Gardens
3704 Bums Road
Palm Ekach Gardens, Florida 33410
Re: Mid Waste and Recyding Collection Services Agreement (Extension
Request)
Dear Mr. Morrow:
Pursuant to Section #1- Term of the a- agreement between the
City of Palm Beach Gardens and Wastie Management, Inc. of Florida, we
respeafully request an -‘on of same and negotiation of specifk terms and
conditions contained herein.
We have mUy megotiabed our franchise agreements with the Village of
Tequesta and the Town of Jupiter to the benefit of both municipalities along with
their residents and businesses.
As you know, the City of Palm Beach Gardens has been and continues to be an
integral partner b Waste Management and we respecffuily request the opportunity to discuss service enhancements and amtract revisions that address
rates and other coxem you may have.
If the City agrees to enter into negotiations, I am confident we will reach an
amicable agreement in good fai and within a reasonable timeframe.
As your partner, Waste Management is committed to providing a superior level
of service and be responskre to any and all citizen/business service issues. In
addition, we support the community through sporrsorships and in-kind setvices,
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: March 1,2012
SubjectlAgenda Item: Ratification of Non-Renewal of the Franchise Agreement with
Waste Management Inc. of Florida, and Authorization of a Solicitation for Solid Waste,
Recycling, and Vegetative Waste Collection Services.
[XI Recommendation to APPROVE
1 Recommend
Reviewed by:
/I City Attorney
Submitted by:
Department Director
J. E. Doughney, Ill
Deputy City Manager
Approved by:
City Manager
tion to DENY
Originating Dept.:
Community Services
Mike Morrow
Operations Director
Advertised: NA
Date:
Paper:
[ x ] Not Required
Affected parties
[ ] Notified
[ x ] Not required
costs: $0.00
(Total)
$0.00
Current FY
Funding Source:
[X ] Operating
[ ]Other
ContractlAgreement:
Effective Date:
NIA
Expiration Date:
NIA
Budget Acct.#:
NIA
Council Action:
[ ]Approved
[ ] Approved wl
Conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Resolution 120, 2007
Meeting Date: March 1,201 2
Page 2 of 2
BACKGROUND:
On February 16,2006, City Council adopted Ordinance 2,2006 granting a seven- (7) year
exclusive Franchise Agreement for Solid Waste, Recycling, and Vegetative Waste
Collections Services to Waste Management Inc. of Florida. The Agreement was later
clarified and amended under Resolution 120, 2007 to ensure all residential units were
accounted for. The term of the Franchise Agreement is from April 1,2006, through March
31 , 201 3. The Agreement provides for an additional five- (5) year extension upon mutually
agreeable terms, but requires the City notify the Contractor twelve (12) months prior to the
expiration date of the Agreement. Accordingly, the City must decide, prior to March 31,
2012, to either provide notice of its intent to extend the Agreement, or let the deadline
pass, which will allow the Franchise Agreement to expire on March 31 , 2013.
In consideration of the above information and the opportunity to place these services back
into the local market for open competition, City staff recommends the Franchise Agreement
NOT be renewed, and a solicitation for Solid Waste, Recycling, and Vegetative Waste
Collection Services be issued. Lower contract pricing may be available if these services
are competitively solicited. If approved, City staff can begin the process of soliciting and
obtaining a new Franchise Agreement in order to meet the City’s needs for waste collection
services by the end of the existing Agreement.
City staffs recommendation to not exercise the extension option to the existing Franchise
Agreement should not be considered negative commentary regarding the performance of
the current vendor, Waste Management Inc. of Florida. Waste Management has provided
quality service throughout the term of the Franshise Agreement and has fulfilled every
requirement of the Agreement to date.
STAFF RECOMMENDATION: Staff recommends that City Council ratify non-renewal of
the current Franchise Agreement with Waste Management Inc. of Florida, and authorize
the City Manager to proceed with the solicitation process for Solid Waste, Recycling, and
Vegetative Waste Collection Services.
Date Prepared: October 15, 2007
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RESOLUTION 120,2007
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A CLARIFICATION
AND ADDENDUM I TO THE SOLID WASTE, RECYCLING, AND
VEGETATIVE WASTE SERVICES AGREEMENT WITH WASTE
MANAGEMENT, INC.; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City adopted Ordinance 2, 2006 on February 17, 2006,
approving an Agreement with Waste Management, Inc. for a seven (7) year exclusive
Solid Waste, Recycling, and Vegetative Waste Collection Services Franchise, attached
hereto and incorporated herein as Exhibit A; and
WHEREAS, it is the established policy of the City that the cost of residential solid
waste collection services, including container residential solid waste collection services,
be paid from ad valorem tax revenue; and
WHEREAS, it has come to the attention of the parties that certain residential
units were not invoiced by Waste Management, Inc., but that collection services were
performed; and
WHEREAS, the City and Waste Management, Inc. desire to clarify and amend
the Agreement language related to residential container service and the billing of such
item as stated in the Clarification and Addendum I, attached hereto and incorporated
herein as Exhibit B, consistent with the intent of the Council in approving the
Agreement; and
WHEREAS, as part of the Clarification and Addendum I, the City and Waste
Management, Inc. have also amended Exhibit I of the Agreement relating to rates for
roll-off containers greater than 12 cubic yards; and
WHEREAS, to effectuate this Clarification, the City agrees to pay Waste
Management, Inc. for container residential solid waste collection services from April 1 ,
2006, through September 30, 2007, less overcharges for a total of $297,435.48, to be
paid over a twenty-four (24) month period in the amount of $12,393.14 per month; and
WHEREAS, any new container residential solid waste units added after the
effective date of this Resolution will be billed at the rate established under the rates
listed on Exhibit I as part of the attached Clarification and Addendum I; and
Date Prepared: October 15,2007
Resolution 120,2007
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WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratied.
SECTION 2. The City Council of the City of Palm Beach Gardens hereby
approves the Clarification and Addendum I to the Agreement, and hereby authorizes the
Mayor and City Clerk to execute the Clarification and Addendum 1.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: October 15,2007
Resolution 120, 2007
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PASSED AND ADOPTED this b7” day of -8 CR , 2007.
CITY OF PALM BE
BY:
ATTEST:
/
BY:
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: 12 .
urn, City Attdrney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO
VICE MAYOR LEVY
J
/
4/
J
---
---
COUNCILMEMBER JABLIN ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT --- /
G:\attorney-share\RESOLUTlONS\waste mgmt amend - reso 120 2007.doc
3
Date Prepared: October 15,2007
Resolution 120, 2007
EXHIBIT “A”
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ORDINANCE 2,2006
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA GRANTING AN EXCLUSIVE SOLID
WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION
SERVICES FRANCHISE TO WASTE MANAGEMENT, INC.;
AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE
FRANCHISE AGREEMENT WITH WASTE MANAGEMENT, INC.; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on September 11,2005, the City issued a Request for Qualifications
and Bid for Solid Waste and Recycling Collection Services; and
WHEREAS, Waste Management, Inc. was determined to be the most responsible,
responsive bidder based on qualifications and cost; and
WHEREAS, the parties desire to enter into a seven (7) year exclusive Franchise
Agreement, which is attached hereto as Exhibit 'A" and by this reference made a part
hemot and
WHEREAS, this Ordinance has been posted publicly for a period of thirty (30) days
pursuant to the provisions of Section 18-5 of the Charter of the City of Palm Beach
Gardens; and
WHEREAS, the City Council has detennined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The City Council of the City of Palm Beach Gardens hereby grants to
Waste Management, Inc. a seven (7) year exdusive Solid Waste, Recycling, and Vegetative
Waste Cdledion Services Franchise and authorizesthe Mayor and Ci Clerk to execute the
Franchise Agreement on behalf of the Ci.
SECTION 2. This Ordinance shall become effective immediately upon adoption.
Date prepared: November9,2005 ordkw#ez2008
1 PASSED this day of 3wurtJ.u ,2006, upon first reading.
2
3 PASSED AND ADOPTED this I@” day of ~~ORWL ,2006, upon second
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2a
and final reading.
CITY OF PALM
P -. ATTEST:
BY
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
36
37 BY:
30
AGAINST ABSENT
2
BID TABULATION FORM (REFERENCE PO. 5243)
RRMSTHATHAVEMIBMlTTED
WAUACAl"8 6 BIDS
11~
REPUBLIC SERVICES
SOUTHERN WASTE
SYSTEMS
A
RESIDENTIAL
SOUD WASTE 6 RECYCUNG SERVICES -
1. Wid W.rtr Curbrhk two (2) per wwk
b. VegoWvm Curbsid. OM (1) p.r nmk
c. Rocycllng Curbaldo one (1) per nmk
UNIT COST PER MONTH
TOTAL $13.70 X 2O.OBS X 12
R.rldontla1 Curb Total Annual Cost:
$3.318.746.88
Dolb($IAl )
Dollars( $3.05 )
Doll818 ($3.10 )
JJM COST PER MONTH
a. Solid Wasto Curbrldo two (2) p.r wwk
Dolhn ($ 7.32 )
b. VogoMlw Curbrldo om (I) por -k
Dollan( $ 4.30 )
c. Rocydlng Curbside on0 (1) por wook
oollnr(S2.35 )
UNIT COST PER MONTH
TOTAL $13.@Z X 20,099 X 12 9
R.rldonUaI Curb Total Annual Cost: ssm=aQ
RESlDENTW
SOUD WASTE 6 RECYCUNO SERVICES
UNIT COST PER MONTH
a. Solid W8sto Containor two (2) pw wak
b. Rocycllng Conbinor on0 (1) p.r nmk
UNIT COST PER MONTH
TOTAL $1 0.48 X 3,725 X 12 =
Dollars (S 7.39 )
Dollars (S 3.10 )
Rosldential Container Total Annual Cost:
$ 46&903-00
UNIT COST PER MOW
a. Solid Wasto Contalnn two (2) p.r nmk
b. Recycling Container on. (1) per wook
UNIT COST PER MONTH
TOTAL $9.67 X 3,725 X 12 =
Dollars ( S 7.32 )
Dollam (5 2.35 )
C.
COMMERCIAL
SERVICES
SOUD WASTE 6 RECYt
COST PER
CoWmr
Ddlars($8.55 )
Cornmerclal Total Annual C
$2.565.000.00
YNIT COST PER MOh
Containor
Dollars($ 392
Commercial Total Annual C
$1 .l 76.aoO.OQ
1
WASTE MANAOEMENT
WASTE PRO
A
RESIDENTIAL
SOLID WASTE 6 RECYCLING
SERVICES
L Sdld Wuk Curbald. two (2) per weak Dollars( S 4.53 )
b. Vogetatlr, Curbald. one (1) per week
Dollars ( $ 1.46 )
e. Recydlng Curbald. one (1) per nmk
Ddlars ( $ 1.98 )
UNIT COST PER MONTH
TOTAL a X 20,099 X 12 =
Rosldontlal Curb Total Annual Cost:
~1.922.268~
YNK COST PFR MONW
L Sdld WMte CUrb.ld. two (2) por wk
Dollars($ 8.58 )
b. VegeWvm Curbrld. ono (1) per weak
Ddlars(S 2.14 )
E. Recydlng Curbsid. one (1) per week
Dollars( S 2.89 )
UNIT COST PER MONTH
TOTAL $13.61 X 20,099 X 12 =
R.rld.ntl.l Curb Total Annual Cost: wsss.sa
B.
RESIDENTIAL
SOLID WASTE & RECYCLING
SERVICES
YNIT COST PER M Om
B. Solid Waste Contalmr two (2) per wwk
Dollan( S 4.23 )
b. Recycling ConWner ow (1) per week
Dollam( S 138 )
UNIT COST PER MONTH
TOTAL te.2l X 3,725 X 12 =
Residentlal Contalner Total Annual Cost:
1277.S87.OQ
YNK COST PER MOW
B. Sdld Waste Contalner two (2) per week
b. kycilng Container one (1) per nmk
Dollars ($ 8.50 )
Dollars ( S 2.89 )
UNIT COST PER MONTH
TOTAL gi 1.47 x 20,099 x 12 =
Reddentlal Containor Total Annual Cost:
1512.709.00
C.
COMMERCW
SERVICES
CONTNNEq
SOLID WASTE a RECY
YNIT COST PER MOE
ConblllW
Dollars ($ 6.36 1
Commercial Total Annual C 1 1.908.000.00
UNIT COST PER MOI
Contalrnr
Dollars ($ 4.99 )
Commertlal Total Annual C 1 1.491.000.00
2
Waste Management, Inc.
Approved Contractor Rate Schedule
Annual Cost Review
Residential Curbside Collection (per unit)
Services FY 2005 Extension RFP Pricing
1W11~116
~ Wid Waste (2Xhk) $882,748.08 $957,516.36 $1,092,581.60
1- ing (1 .OXhvk) $301,485.00 $378,665.16 $477,552.28
vegetative (1 .Ox/Uul<) $301,485.00 $325,603.80 $352.1 34.48
I Admin Fee I I I I . . -. . . . . . . - - I I I
Total I $1,485,718.03 I $1,681,78520 I $1,922,268.36 I
I Residential Container Collection (per unit)
senrices FY 2005 EXt8IWiOn RFP Pridng
10/115-3/3116
SdM Waste (m) $106,386.00 $1 77,459.00 $169,081 .00
Recycling (1 .OM) $70,179.00 $70,179.00 $88,506.00
I I
Admin Fee I I $24,585.00
Total $176,505.00 I $272,223.00 $277,587.00
Cammerclal Solid Waste and Recycling Colledion Rates
1 Services FY 2005 Extension RFP Priclng
101115.3J3116
I
container Rate (per& yard: pcy) $1,131,000.00 $l,Q5o,OoO.00 $1,908,OOO.00
TOM $1,131 ,OOO.00 $1,950,oO0.00 $l,sos,m.oo
I
SOLID WASTE AND RECYCLING.
COLLECTION SERVICES AGREEMENT
Between
CITY OF PALM BEACH GARDENS
and
WASTE MANAGEMENT INC. OF FLORIDA
1
TABLE OF CONTENTS
1 . TERM ................................................................ ........................................................... 6
2 . DEFINITIONS .............................................................................................................. 6
3. SERVICES PROVIDED BY CONTRACTOR ......................................................... 10
4 . SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION
SERVICE ..................................................................................................................... 11
A .
B .
C .
D .
E .
F .
G .
H .
I .
J .
K .
Curbside Residential Solid Waste Collection ................................................. 11
1 . Conditions and Frequency of Service .................................................. 11
Curbside Residential Vegetative Waste Collection Services .......................... 12
1 .
1 .
2 .
Container Residential Solid Waste Collection Service ................................... 13
1 .
1 .
Commercial Solid Waste Collection Service .................................................. 14
1 . Conditions and Frequency of Service .................................................. 14
2 . Level, Type, and Disclosure of Rates for Commercial Collection and
Other Services ....................................................................................... 15
a) . Commercial Solid Waste Collection Service ...................................... 15
b) . Disclosure ............................................................................................ 15
Commercial Recycling Collection Service ...................................................... 16
1 . Conditions and Frequency of Service .................................................. 16
2 . Level, Type, and Disclosure of Rates for Commercial Recycling
Conditions and Frequency of Service .................................................. 12
Curbside Residential Recycling Collection Service ........................................ 12
Conditions and Frequency of Service .................................................. 12
Recycling Containers ............................................................................ 13
Conditions and Frequency of Service .................................................. 13
Container Residential Recycling Collection Service ....................................... 14
Conditions and Frequency of Service .................................................. 14
Collection and Other Service ............................................................... 17
3 . Ownership ............................................................................................ 17
Accessibility ..................................................................................................... 18
1 . Curbside Residential ............................................................................ 18
2 . Container Residential ........................................................................... 18
3 . Commercial .......................................................................................... 18
Method of Payment .......................................................................................... 18
Method of Collection ....................................................................................... 18
Hours of Collection .......................................................................................... 19
2
5 .
6 .
7 .
8 .
9 .
10 .
11 .
12 .
13 .
14 .
15 .
16 .
17 .
18 .
19 .
L .
M .
N .
0 .
Routes and Schedules ....................................................................................... 19
Materials Recycling Facility ............................................................................ 20
Recycling Containers for Residential Dwelling Units .................................... 19
Change in Scope of Recycling Collection Service .......................................... 20
CHARGES. RATES. AND LEVEL OF SERVICES ................................................ 20
Solid Waste and Recycling Collection Services ............................................. 20
Solid Waste Disposal Costs ............................................................................. 21
Annual Rate Adjustment .................................................................................. 22
Contract. Service Fee ........................................................................................ 22
A .
B .
C .
D .
E .
F .
G .
City's Obligation - Billing. Collection. Payments .......................................... 20
Extraordinary Rate Adjustment ....................................................................... 22
Extraordinary Rate Adjustment Fuel ............................................................... 22
HOLIDAYS ................................................................................................................. 23
SPECIAL SERVICES ................................................................................................. 23
PUBLIC AWARENESS PROGRAM ........................................................................ 23
MANNER OF COLLECTION ................................................................................... 23
PERSONNEL OF THE CONTRACTOR .................................................................. 24
SPILLAGE .................................................................................................................. 24
SOLID WASTE AND MATERIAL RECYCLING FACILITIES ........................... 24
COLLECTION EQUIPMENT ................................................................................... 25
SPECIAL WASTE. HAZARDOUS WASTE. BIOHAZARDOUS OR
BIOMEDICAL WASTE. AND SLUDGE ................................................................. 25
OFFICE AND EQUIPMENT YARD ........................................................................ 25
COMPLAINTS ............................................................................................................ 26
QUALITY OF PERFORMANCE OF CONTRACTOR ........................................... 26
NATURAL DISASTERS ........................................................................................... 28
UNCONTROLLABLE CIRCUMSTANCES ............................................................ 29
3
20 .
21 .
22 .
23 .
PERMITS AND LICENSES ...................................................................................... 29
PERFORMANCE BOND ........................................................................................... 29
EMPLOYEE WAGES AND BENEFITS .................................................................. 29
INSURANCE .............................................................................................................. 29
A .
B . Liability Insurance ........................................................................................... 30
Workers’ Compensation Insurance .................. i .............................................. 30
24 . INDEMNIFICATION ................................................................................................. 30
25 .
26 .
ACCESS AND AUDITS ............................................................................................ 30
POINT OF CONTACT ............................................................................................... 30
27 .
28 .
29 .
30 .
NOTICE ....................................................................................................................... 30
DEFAULT OF CONTRACT ...................................................................................... 31
PUBLIC WELFARE ................................................................................................... 32
RIGHT TO REQUIRE PERFORMANCE ................................................................. 33
31 . TITLE TO WASTE ..................................................................................................... 33
32 .
33 .
34 .
35 .
36 .
37 .
38 .
GOVERNING LAW AND VENUE .......................................................................... 33
COMPLIANCE WITH LAWS ................................................................................... 33
SEVERABILITY ........................................................................................................ 33
ASSIGNMENT AND SUBLETTING ....................................................................... 33
MODIFICATION ....................................................................................................... 34
INDEPENDENCE OF AGREEMENT ...................................................................... 34
ANNEXATIONS ........................................................................................................ 34
39 .
40 .
CHANGE OF LAW .................................................................................................... 34
OTHER RATE ADJUSTMENTS .............................................................................. 34
4
41 .
42 .
43 .
44 .
45 .
46 .
PUBLIC ENTITY CRIMES ....................................................................................... 34
SUBSTANTIAL COMPLIANCE .............................................................................. 34
COMMUNITY SERVICE .......................................................................................... 34
CONTRACT PREPARATION .................................................................................. 34
FISCAL FUNDING .................................................................................................... 35
COMPETITIVE EQUALITY ..................................................................................... 35
I
11
I11
1V
V
VI
VI1
Approved Contractor Rate Schedules ......................................................... 11-1v
Residential Solid Waste Disposal Credit Calculation ...................................... V
Annual Financial Reporting Format ......................................................... VI-VI1
Performance Bond Requirement ................................................................... v111
Quarterly Financial Reporting Format ............................................................. IX
Non- Assessed Residential Disposal Compensation Procedure ................. x-x11
Collection Preparation and Implementation Plan ......................................... x111
5
SOLID WASTE AND RECYCLING
COLLECTION SERVICES AGREEMENT
TlIIS AGREEMENT is hereby made and entered into this day of ,2005,
between the ClTY OF PALM BEACH GARDENS, a municipal corporation organized and existing under the laws of
the State of Florida, which municipality is wholly located within the boundaries of Palm Beach County, Florida
(hereinafter referred to as "CITY") iind WASTE MANAGEMENT INC. OF FLORIDA (hereinafter referred to as
"Contractor").
NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable
consideration and the mutual promises contained henin. the parties agree as follows:
1. TERM:
This Agreement shall be for the period of seven (7) years commencing on April I, 2006, and expiring March
30,2012. Nothing hemin, however, shall prevent the City and the Contractor from extending this Agreement mutually
agreeable terms for an additional five (5) year term should the City notify the Contractor within twelve (12) months in
advance of the ~t~l expiration date of this Agreement. Any changes to the Agreement must be approved by the City
Council in accordance with applicable ordinance(+
2. DEFINITIONS:
To the extent the definitions contained herein conflict uith similar definitions contained in any federal, state, or
local law, the definitions herein shall prevail. However, nothing contained herein shall be interpreted to require the
Contractor to undertake any conduct, which is contrary to fcderal, state, or local law.
A. Authority shall mean the Solid Waste Authority of Palm Beach County.
B. Biohazardous or Biomedical Wastes shall mean those wastes which may cause disease or
reasonably be suspected of harboring pathogenic organisms, including, but not limited to, waste
resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which
may consist of, but are not limited to, diseased human and animal parts, contaminated bandages,
pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves.
C. Bulk Trash shall mean any non-vegetative item which cannot be containerized, bagged or bundled,
including, but not limited to, inoperative and discarded refrigerators. ranges, toilets, pool heaters,
water softtners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles, and other similar
domestic appliances, household goods, and furniture and shall not be commingled with Vegetative
Waste. There shall be no weight limit for any item of Bulk Trash.
D. Collection shall mean the process whereby solid waste, including, but not limited to, Gahage, Trash,
Bulk Trash, Vegetative Waste, or Recyclable Material is removed and transported to a Designated
Facility.
E. Collection Route shall mean a futed or customary course of travel assigned to a crew and scheduling
the order of stops from one point to another covering a defined area of territory.
F. Collection Schedule shall mean the day(s) of each week divided into service day halves (AMPM)
pick -up that customers will receive specified collection service.
6
C. Commercial Recycling Collection Service shall mean the Collection of Recyclable Materials by the
Contractor from customers within the Service Area that are not serviced by Residential Recycling
Collection Service.
H. Commercial Solid Waste shall include any Garbage, Bulk Trash, Trash, or Vegetative Waste that is
not Residential Solid Waste. Substantial effort shall be made not to commingle Garbage, Trash, or
Bulk Trash with Vegetative Waste.
I. Commercial Solid Waste Collection Service shall mean the collection of Commercial Solid Waste
within the Service Area. Such service includes both Containers and Compactors, but does not include
Rollsff Collection Services.
J.
K.
Compactor shall mean any container, which has compaction mechanism(s), whether stationary or
mobile, all inclusive.
Construction and Demolition Debris (C&D) shall mean materials generally considered to be not
water soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a
structure as part of a construction or demolition project. Mixing of a de nunimis amount of waste
other than C&D from the construction site will not automatically cause it to be classified as other than
C&D.
L. Container shall mean and include any container typically of one (1) cubic yard capacity or larger
designed or intended to be mechanically dumped into a loader packer type or hoisted onto the bed or
rails of a buck. All Containers must be of standard industry specifications including size(s) and in
common use in Palm Beach County.
M. Container Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor from Dwelling Units in the Service Area that requires the use of
Containers for the collection of Recyclable Materials and which also receive Residential Collection
Service for solid waste, and the delivery of those Recyclable Materials to the Materials Recycling
Facility or designated Solid Waste Authority transfer station. This service shall be considered a
commercial service account for billing purposes which the Contractor shall invoice monthly.
N. Container Residential Solid Waste Collection Service shall mean solid waste collection service of
all Dwelling UNts whose Garbage, Trash, or Bulk Trash is collected by means of a central or shared
Container and not by means of a Garbage Can. Vegetative Waste collection service is not provided.
This service shall be considered a commercial service account for billing purposes which the
Contractor shall invoice monthly.
0.
P.
Q*
Contract shall mean this Agreement executed between the City and the Contractor for the
performance of the services as provided in this Agreement.
Contractor shall mean that person or entity set out initially above that has entered into this
Agreement to provide the services described herein for the Service Area.
Contract Administrator shall mean the person(s) designated by the City who shall act as the City's
representative in the administration and supervision of this Agreement during its term.
R
S.
County shall mean Palm Beach County, Florida.
Curbside Residential Recycling Collection Service shall mean the collection of Recyclable
Materials by the Contractor fiom all Dwelling Units in the Service Area that also receive Curbside
Residential Solid Waste Collection Service for Solid Waste and other Dwelling Units as are
7
T.
designated by the City, and the delivery of those Recyclable Materials to the Solid Waste Authority's
Materials Recycling Facility or designated Solid Waste Authority transfer station.
Curbside Residential Solid Waste Collection Service shall mean Residential Solid Waste and
Vegetative Waste Collection service for all Dwelling Units whose Garbage and Vegetation are
collected in separate pick-ups by means of a Garbage Can at curbside or roadway.
U.
V.
Department shall mean the Florida Department of Environmental Protection.
Disposal Costs shall mean the "tipping fees" and the landfill or processing costs charged to the
Contractor by others for disposal or processing of the waste collected by the Contractor.
W. Designated Facility shall mean a Solid Waste Authority of Palm Beach County-owned or permitted
facility.
X. Dwelling Unit shall mean any type of structure or building unit intended for or capable of being
utilized for residential living other than a licensed Hotel or Motel unit.
Y. Fiscal Year shall mean the period between October 1 of a given year and September 30 of the
following year during this Agreement.
z Garbage shall mean all putrescible waste, which generally includes, but is not limited to, kitchen and
table food waste, animal, vegetable, 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.
AA.
BB.
Garbage Receptacle or Can shall mean a can of rigid plastic or galvanized metal or heavy-duty
plastic bag which when full do not exceed 50 pounds in total weight or 45 gallons in size.
Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by any
hture legislative action or by federal, state, or local law.
cc.
DD.
Hotel or Motel shall mean a structure or building unit(s) capable of being utilized for residential
living where such unit or a group of such units is regularly rented to transients or held out or
advertised to the public as a place regularly rented to transients for periods of seven days or less. To
meet this definition, the Hotel or Motel must be licensed to operate as such. "Transient" has the
meaning as defined in Chapter 509, Florida Statutes (1987). or its successor law.
Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for, or on
behalf of or designated by, the City for the purpose of receiving, sorting, processing, storing, andor
preparing Recyclable Materials for sale, as specifically designated in writing by the Contract
Administrator.
EE.
FF.
GG.
Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone
books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk
mail, notebook paper, and any other clean paper products.
Peak Times shall mean the period between November 1 of a given year and April 30 of the following
year, unless otherwise specified by the City.
Public Awareness Program shall mean that program developed by the City to inform and encourage
residential and commercial solid waste collection customers to use all solid waste and recycling
collection services offered by the City through the Agreement. It shall also mean infomaation
concerning level of service and changes in scope of service.
8
HH. Recyclable Materials shall mean newspapers (including inserts), aluminum, plastic containers, glass
bottles and jais, milk and juice cartons, aseptic containers, conugated cardboard, brown paper bags,
Mixed Paper, tin and ferrous cans, household dry-cell batteries (no wet-cell batteries), and other solid
waste materials added upon Agreement between the City 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
11.
JJ.
KK.
Recycling Container shall mean a rigid, nestable bin of approximately 18-gallon capacity made of
plastic or other suitable substance that is used for the storage of Recyclable Materials.
Residential Recycling Collection Service shall mean Curbside Residential Recycling Collection
Services and Container Residential Recycling Collection Service.
Residential Solid Waste shall mean Garbage, Trash, and Bulk Trash resulting from the normal
housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential Solid
Waste shall also mean Conshuction and Demolition Debris (C&D) resulting from minor home repair
from the Dwelling Unit, not to exceed five (5) cubic yards of Conshuction and Demolition Debris
material per collection.
LL.
MM.
NN.
00.
Residential Solid Waste Collection Service shall mean Curbside Residential Solid Waste Collection
Service andor Container Residential Solid Waste Collection Service.
Residential Vegetative Waste shall mean vegetative waste generated from residential property,
occupied by a dwelling unit, within the service area.
Residential Vegetative Waste Collection Service shall mean Curbside Residential Vegetative Waste
Collection Service.
Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the
Collection of C&D by other mechanical means, within temporary locations in the Service Area,
limited to new construction sites and remodeling or refurbishment sites. Roll-off Collection Service
shall also mean the collection of horticultural or agricultural wastes at horticultural or agricultural
nurseries, but only when the customer chooses to use roll-off containers for hor&icultural or
agricultural waste, and homcultural and agricultural waste shall not include any other type of waste,
including, but not limited to, Special Waste, Garbage, or Recyclable Material.
PP. Service Area shall mean the area within the incorporated boundaries of the City of Palm Beach
Gardens for which the mandatory solid waste collection and recycling collection program is
administered.
QQ.
RR.
ss.
Sludge shall mean a solid, semi-solid, or liquid generated from any waste water treatment plant, water
supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets and
related operations, or any other such waste having similar clxxacteristics or effects.
Solid Waste Authority Disposal Facility shall mean place or places specifically managed, operated,
or permitted by the Solid Waste Authority of Palm Beach County.
Special Services shall mean any services requested or required by the customer which are in addition
to, or a change in, Residential Solid Waste Collection Service, Residential Recycling Collection
Service, Commercial Recycling Collection Service, and Commercial Solid Waste Collection Service
as set out or similar to those listed in Exhibit 1, attached hereto and by this reference incoprated
herein.
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Special Waste shall include, but not be limited to, automobiles, boats, internal combustion engines,
non-automobile tires, Sludge, dead animals, septic tank waste, Biohazardous or Biomedical Waste,
liquid waste, and Hazardous Waste. Special Waste may also include items determined by the
Contract Administrator to be reasonably unmanageable.
Trash shall mean all refuse, accuniulation of paper, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
Garbage, which are usual to housekeeping and to the operation of stores, ofices, and other business
places, but shall not include Vegetative Waste.
Uncontrollable Forces shall mean any event, which results in the prevention or delay of performance
by a party of its obligations under this Agreement and which is beyond the reasonable control of the
non-performing party. It includes, but is not limited to, fire, flood, hurricanes, earthquakes, storms,
lightning, epidemic, war, not, civil disturbance, sabotage, and governmental actions.
Universal Container shall mean and include any waste or recycling storage receptacle made of heavy
duty plastic material and generally sized in 35,65,95, and 101 gallon capacities that is dumped by
automated or semi-automated means into a packer or compartmented vehicle body.
Vegetative Waste shall mean any vegetative matter resulting fiom yard and landscaping maintenance
by any party and shall include materials such as normal and recurring tree and shrub trimming
materials, grass clippings, leaves, pine needles, palm seeds, weeds, palm fronds, tree bmhes, and
similar other matter usually produced as rehe in the care of lawns, landscaping and yards. Trte limbs
and trunks shall be limited to ten (IO) inches or less in diameter. 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 in a City-provided Universal Container if possible. Larger quantities shall
be placed neatly at the curb for collection by special equipment. Natural Christmas trees will be
collected as Vegetative Waste, and any section must not be more than 8 feet in length and must be
under 50 pounds. Vegetative Waste must originate from the residential property at which it is placed
for collection. Vegetative Waste shall not include material generated as the result of a commercial
activity located at a residential property.
City shall mean the City of Palm Beach Gardens, Florida, a municipal corporation.
3. SERVICES PROVIDED BY CONTRACTOR:
The Contractor shall provide mandatory Residential Solid Waste, Residential Vegetative Waste, and
Residential Recycling Collection Services in the Service Area. The right to provide such Collection Services in the
Service Area shall be exclusive to the Contractor. The City or its designee will be responsible for the billing and
collection of payments for the mandatory Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Service. The Contractor shall be responsible for the billing and collection of
payments for mandatory Container Solid Waste and Recycling Collection Service.
The Contractor shall provide Commercial Solid Waste Collection Services in the Service Area, which shall be
an exclusive right to the Contractor; subject, however, to the exception for Roll-off Collection Service of Construction
and Demolition Debris under separate annual permits as provided below. The Contractor shall be responsible for the
billing and collection of Commercial Solid Waste Collection Service fees and disposal costs not being billed and
collected by the City or its designee. The Contractor shall also be responsible for billing and collection of Container
Residential Solid Waste and Recycling service fees.
Roll-off Collection Services of Construction and Demolition Debris (C & D) shall not be exclusive to the
Contractor. Notwithstanding any other provision of this Agreement, collection of waste contained in roll-off containers
excluded from Roll-off Collection Services of C & D for businesses in the Service Area is exclusive to the Contractor.
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No other person or entity except the contractor may offer or provide Residential Solid Waste Collection
Service, Residential Recycling Collection Service, and Commercial Solid Waste Collection Service in the Service Area.
If the Contractor becomes aware of an entity violating the provisions of this Section, the Contractor should provide
information of the violations to the Contract Administrator. Upon review of the information and that of any subsequent
investigation, the City will report its findings and recommended recourse.
The Contractor shall provide Commercial Recycling Collection Services in the Service Area upon request by
the customer or the City, or through the solicitation efforts of the Contractor. Charges for such services are to be
determined between the customer and Conmctor based upon the tern of this Agrement. However, Commercial
Recycling Collection Services are not exclusive to the Contractor in the Service Area.
The Contractor shall provide Solid Waste and Recycling Collection services to all property owned, leased,
rented, or controlled by the City, including, but not limited to, those designated by the Contract Administrator if acquired
during the tern of the Agreement. These services shall be provided at no charge to the City, to include provision of
containers, collection service maintenance fees, and roll-off containers of twenty (20) or more yards capacity. The City
will have a maximum limit of ten (IO) roll-off pulls per month without limit to size of the roll-off container at no charge.
Additional pulls will be charged at the regular commercial rate.
The Contractor shall use good faith and its best efforts to cooperate with any commercial recycling haulers
providing recycling services to customers in the City.
In order to provide the services, the Contractor shall provide, at its own expense, all labor, insurance,
supervision, machinery and equipmnt, buildings, trucks, vehicles, a radio compatible with City systems to the City with
all Contractor contacts programmed in the radio at no charge to the City, and any other tools, equipment, accessories, and
items necessary to maintain the highest quality and level of service standards of solid waste collection and recycling
service set forth herein.
The Contractor shall provide, at no additional cost to the City, a location for receipt and storage of Recycling
Containers. The Contractor shall be responsible for pick up, storage, and distribution of the Recycling Containers
requested by curbside residential customers. Recycling Containers will be ordered from the Solid Waste Authority on
behalf of the City.
4. SOLID WASTE, RECYCLING, AND VEGETATIVE WASTE COLLECTION SERVICES:
Collection services for residential curbside, residential container, and commercial customers provided by
this Agreement shall be set forth in this Section. Curbside Residential Solid Waste shall be by the manual method of
collection effective April 1, 2006, in accordance with the provisions of this Agreement or such other date mutually
agreed to in writing by the parties hereto.
A. Curbside Residential Solid Waste Collection Services: This service is provided to dwellings
wherein Garbage, Bulk Trash, and Trash are placed within six (6) feet of the curb or roadside for
collection by the Contractor. Exceptions to this location for collection apply only to those who
have been qualified as handicapped by the Contract Administrator and those who have contracted
with the Contractor for Special Services. The City or its designee shall be responsible for the
billing and collection of payments from curbside residential customers for this service.
1. Conditions and Frequency of Service: All Curbside Residential Solid Waste shall be
placed in a Garbage Receptacle or Can and placed curbside. as required by the City, for
collection by the Contractor twice each week. The Contractor shall only be required to
collect the contents of Garbage Receptacles or Cans except for Trash and Bulk Trash.
Exceptions to the twice per week collection occur only on permitted holidays or in the case
of a Citydeclared emergency or disaster. There shall be no less than forty-eight (48) hours
or more than seventy-two (72) hours between regularly scheduled collection days.
Customers are not to commingle Vegetative Waste with Residential Solid Waste; however,
the Contractor may collect moderately commingled wastes at their discretion and shall
assume responsibility for disposal at a designated facility. There shall be and is no limit on
the number of Garbage Receptacles or Cans to be collected by the Contractor.
During the Agreement, the entire City will be receiving manual Residential Solid Waste
Collection service. The City Manager or designee, whose decision shall be final, shall
resolve any disputes regarding level of service to be provided by the Contractor.
Trash and Bulk Trash shall also be collected at the curb. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately,
in a non-compacting vehicle, and deliver the item, with every attempt not to release the
CFCs into the atmosphere, to the Authority landfill or to a scrap dealer located in Palm
Beach or Martin County or as otherwise agreed to by the City in writing. Trash Waste is to
be placed in Garbage Receptacles or Cans to the extent practical with Residential Solid
Waste for collection. The total weight should not exceed fifty (50) pounds for a garbage
can. There shall be no weight limit for any Bulk Trash item. Residents shall not
commingle Trash or Bulk Trash Waste with Vegetative Waste. The Contractor may collect
commingled material and shall assume responsibility for disposal at a designated facility
and notify the Contract Administrator accordingly. Cardboard from move-ins shall be
collected as Bulk Trash on the scheduled vegetation collection day.
B. Curbside Residential Vegetative Waste Collection Services: The City or its designee shall be
responsible for the billing and collection of payments from curbside residential customers for this
service. This service is provided to dwellings wherein properly prepared Vegetative Waste is
placed within six (6) feet of the curb or roadway for collection by the Contractor. There are no
exceptions to the curb or roadside location for collection of Vegetative Waste. Vegetative Waste
collection service shall only be provided in front of the residential unit. The Contractor shall
collect Vegetative Waste from swales and rights-of-way in front of vacant lots in established
neighborhoods; however, such waste shall not include any lot clearing waste.
1. Conditions and Frequency of Service: Curbside Residential Vegetative Waste shall be
collected once each week from all curbside customers. The scheduled day of collection of
Vegetative Waste shall be on a scheduled day of Curbside Residential Solid Waste
Collection each week. Should the scheduled day of Curbside Vegetative Waste Collection
fall on a holiday, collection shall occur on the next scheduled Curbside Residential
Vegetative Waste Collection day. Grass clippings, hedge trimmings, pine needles, palm
seeds, and any other small items, including items that can be cut or broken into smaller
pieces, shall be placed into a garbage can or plastic bags for collection. Large items that
cannot be cut or broken and placed in garbage cans or bags, such as multiple palm fronds
and tree limbs are to be piled up by the curb for collection. The Contractor shall collect
Vegetative Waste properly sized and piled within six (6) feet of the road on the scheduled
collection day unless the pile is tagged for special collection next day. Except for palm
fronds, no single item shall be longer than six (6) feet in length nor weigh more than fifty
(50) pounds. Limbs having a diameter greater than ten (10) inches will not be collected
pursuant to this Agreement. In the event a residential customer has large quantities of
Vegetative Waste for collection on hisher Vegetative Waste service day, the Contractor
may either collect all of the Vegetative Waste or tag the pile for collection on the following
day, at which time the Contractor shall collect all of the Vegetative Waste. Residential
Vegetative Waste shall be placed in one location in front of residential property for
collection. Multiple locations constitute additional or special services, as further discussed
in Section H of the Agreement. There shall be and is no limit on the number of containers
to be collected per Residential Curbside customer, nor is there a limit on the quantity of
Vegetative Waste to be collected weekly, provided size limitations are met.
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C. Curbside Residential Recycling Collection Service: The Contractor shall provide Curbside
Residential Recycling Collection Services in the Service Area as provided for within this
Agreement. The City or its designee shall be responsible for the billing and collection of
payments fiom Curbside Residential customers for these services. Curbside Residential Recycling
Collection Service shall be governed by the following tern and conditions:
1. Conditions and Frequency of Service: The Contractor shall provide Curbside Residential
Recycling Services to all Dwelling Units receiving Curbside Residential Solid Waste
Collection Service located in the Service Area and to other such Dwelling Units as
determined appropriate by the Contract Administrator. This service shall be provided once
every week, unless otherwise specified by the City, on a Scheduled Route basis, which shall
coincide with one of the two regularly scheduled solid waste collection pick-up days
weekly. All Recyclable Materials to be collected shall be in a Recycling Container, with
the exception of cardboard and / or paper bags, and shall be placed within six (6) feet of the
curb, roadway, closest accessible public right-of-way, or such locations agreed to by the
Contractor that will provide safe and efficient accessibility to the Contractor’s collection
crew and vehicle. No Recycle Containers shall be placed next to a mailbox, utility box, or
fire hydrant for collection. The Contractor must collect as many Recycling Containers,
bags, bundles, or flattened cardboard as the customer sets out. Cardboard shall be collected
if flattened and placed next to, on, under, or inside of the Recycling Container. Non-
Recyclable materials placed in Recycling Containers for collection are to be left in the
Container by the Contractor collection crew and tagged with the Contractor’s tag clearly
explaining why the material was not collected.
2. Recycling Containers: The City shall order from the Solid Waste Authority and the
Contractor shall ensure pick up, storage, and distribution of Recycling Containers to each
unit that is to receive Curbside Recycling Collection Service within the Service Area. All
Recycling Containers are the property of the City. However, customers may use their own
additional Recycling Containers or paper bags as long as they are similar and suitable for
the Service.
D. Container Residential Solid Waste Collection Services: The Contractor shall provide Container
Residential Solid Waste Collection Service to all Dwelling Units in the Service Area that is
suitable to receive such service and request such service. Normal Container Residential Solid
Waste Collection Service, not including Bulk Trash collection, shall be twice per week. The
Contractor and the residential complex, in accordance with this Agreement, shall determine the
size and location of the Container and frequency of collection. In case of an unresolved dispute,
the Contract Administrator shall resolve such issue. The Contractor shall invoice the appropriate
containerized unit collection rate, in accordance with Exhibit 1, to these accounts monthly. Any
service requested by the residential complex above twice per week for Container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be invoiced directly by
the Contractor in accordance with the commercial solid waste collection rates in Exhibit I. The
Contractor shall be responsible for the billing and collection of payments fiom Container
Residential customers for this collection service. The fmquency of collection of Bulk Trash
outside the Container shall be no less than once per week unless otherwise agreed to by the
customer and approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items separately, in a
non-compacting vehicle, and deliver the item, with every attempt not to release the CFCs into the
atmosphere, to the Authority landfill or to a scrap dealer located in Palm Beach or Martin County.
There shall be no weight limit for any Bulk Trash item.
1. Conditions and Frequency of Service: A minimum of twice per week service is required
of all container residential customers. Such service shall be provided by Container as
defined herein. The size of the Container and the frequency (above the minimum) of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be sufficient to provide that no Residential Solid Waste need be placed
13
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Residential Solid Waste shall be placed in a
Container. Vegetative Waste collection is not included in this service. Containers shall be
placed in an accessible location or at such other single collection point as may be agreed
upon between the Contractor and the customer. All Containers or Compactors shall be kept
in a safe, accessible location agreed upon between the Contractor and the customer. Any
Container or Compactor damaged by the Contractor shall be repaired or replaced by the
Contractor within five (5) business days. All Containers and Compactors provided by the
Contractor shall be in good condition, painted, and neatly labeled with the Contractors
name, phne number, and cubic yard size of the Container.
E. Container Residential Recycling Collection Service will be governed by the following Terms
and Conditions:
1. Conditions and Frequency of Service: The Contractor shall provide this service to
Dwelling Units as are designated by the City and are located in the Service Area and
invoice each account monthly. This service shall be provided at least once every week on a
scheduled- route basis as set out below. If the customer requires additional collections per
week, the customer will be invoiced by the Contractor in accordance with the rates listed in
Exhibit I of the Agreement. All Recyclable Materials, with the exception of cardboard, are
to be collected in a universal type Recycling Container or Container provided by the
Contractor designated for Recyclable Materials which shall be in such location and
collected on a schedule as mutually agreed to by the owner or governing association (of the
multiple family residential complex or development being serviced) and by the Contractor
that will provide safe and efficient accessibility to the Contractor’s collection crew and
vehicle. Cardboard shall be collected if placed next to, on, or inside of the Recycling
Container or Containers. If there is a large amount of cardboard placed outside of the
Container, often an alternate, larger Container shall be provided, upon agreement by the
customer and the Contractor. In the event an appropriate location cannot be agreed upon,
the Contract Administrator shall mediate the dispute and designate the location for pick-up.
F. Commercial Solid Waste Collection Service: The Contractor shall collect and dispose of all
Commercial Solid Waste in the Service Area, except Special Waste. Such Commercial Collection
Service shall be governed by the following terms:
1. Conditions and Frequency of Service: A minimum of once per week service, or as
otherwise provided by law, is required of all customers. Such service shall be provided by
Container as defined herein. However, where a customer generates less than one (I) cubic
yard of waste per week, alternate Universal Containers may be utilized. Commercial
Customers utilizing a Universal Container provided by the Contractor shall be charged one-
half the per-cubic-yard collection rate as established in Exhibit I and one-half the per-cubic-
yard rate for disposal for each Container. The size of the Container and the frequency of
collection shall be determined between the customer and the Contractor. However, size and
frequency shall be suffrcient to provide that no Commercial Solid Waste need be placed
outside the Container. Storage capacity shall be suitable for the amount of waste generated
by the customer. The Contractor shall provide Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible
for its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. All Commercial Solid Waste shall be placed in a
Universal Container. Container, or Compactor. Vegetative Waste shall not be commingled
with Garbage. When Vegetative Waste is placed in a Container (not loose or in a Roll-off
or a Compactor), the Contractor may charge 1.5 times the commercial collection rate as set
out in Exhibit I. Where Universal Containers are used, they shall be placed at an accessible
14
location or at such other single collection point as may be agreed upon between the
Contractor and the customer. All Containers or Compactors shall be kept in a safe,
accessible location agreed upon between the Contractor and the customer. Any Universal
Container, Container, or Compactor damaged by the Contractor shall be repaired or
replaced by the Contractor within five (5) business days. Compactors may be obtained by
customers fiom any source, provided that such Compactor must be of a type that can be
serviced by the Contractor’s equipment, and the customer shall be completely responsible
for its proper maintenance and replacement. Compactor frequency of collection shall be
sufficient to contain the waste without spillage. All Containers and Compactors provided
by the Contractor shall be in good condition, painted and neatly labeled with the
Contractor’s name, phone number, and size of Container in cubic yards, placed on the front
of the Container and side of Compactors.
’
2. Level Type and Disclosure of Rates for Commercial Solid Waste Collection and Other
Services:
a. Commercial Solid Waste Collection Service: The Contractor shall only charge
rates as set out in Exhibit I or as otherwise allowed by this Agreement. A written
agreement between the Contractor and the customer shall be required and entered
into regarding the level and type of service to be provided and manner of collection
of fees. The Contractor may not bill the customer more than thirty (30) days in
advance unless otherwise requested by the customer. The terms and conditions of
such agreement shall be in compliance with all provisions of this Agreement, and the
tern shall not extend beyond the initial term of this Agreement as stated in Section 1.
The customer shall subscribe to a level of service sufficient to meet the needs of the
customer in a sanitary and efficient manner. However, upon failure of the parties to
reach such an agreement, the Contract Administrator or designee shall establish the
level and type of service to be provided, including the location, size of the Container,
number of pick-ups per week, and the “TOTAL RATE” to be charged within the
approved rate limits contained in Exhibit 1. The Contractor will be responsible for
the billing and collection of Commercial Solid Waste Collection Services, disposal-
tipping fees, special fees, and Container maintenance charges, except as otherwise
provided in this Agreement.
b. Disclosure: The Contractor shall provide the customer an annual disclosure
statement in October of each year of the term of this Agreement, including the
following language:
REGULATION BY THE CITY OF PALM BEACH GARDENS
The terms and conditions of this Commercial Solid Waste and Recycling Collection Service Agreement are
regulated by an exclusive Agreement granted by the City of Palm Beach Gardens. Should the customer have any
questions relating to the terms and conditions of this Agreement, the customer may call the Contract Administrator
at (561) 775-8274.
COMMERCIAL COLLECTION CONTAINERS
The commercial collection Container shall be of a type that can be serviced by the Contractor’s collection
equipment. The custonler may either purchase the commercial collection Container from any source or request such
Container from the Contractor at the maintenance rate as approved by the City, provided that such Container can be
serviced by the Contractor’s collection equipment. If the customer chooses to use a Compactor, the customer may
rent, lease, or own the Compactor from any source, provided that the Compactor can be serviced by the Contractor’s
collection equipment. Commercial collection Containers and Compactors shall be maintained in a serviceable, safe,
and sanitary condition by the owner of the Container or Compactor. However, damage caused by the Contractor to
a customer-owned Container or Compactor shall be repaired at the cost of the Contractor.
15
SPECIAL SERVICES
If the customer requests, the Contractor is required to provide special services for collection of solid waste,
such as rolling Containers out of storage areas, opening doors or gates for access, or other such special services.
However, such special services may be provided by the customer, through its own or other personnel. If the
Contractor provides special services, such charge must be separately stated under the “RATES FOR SERVICES”
disclosure statement. The City of Palm Beach Gardens fixes the maximum for these special service rates. A copy
of these rates can be obtained fiom the Contractor or Contract Administrator.
RATES FOR SERVICE
April 1, (year) - March 30, (year)
Name of Contractor Name and Address of Customer
The total RATES for this Commercial Solid Waste and Recycling Collection
Service are as follows:
Total Monthly Cost:
*There is no charge for the disposal of Recyclable Materials for processing.
THESE SERVICES ARE PROVIDED UNDER A FRANCHISE AGREEMENT REGULATED
BY THE CITY OF PALM BEACH GARDENS. SHOULD YOU HAVE ANY QUESTIONS
RELATING TO THESE RATES, PLEASE CALL THE CITY OF PALM BEACH GARDENS
AT (561)775-8274.
The “RATES FOR SERVICES” statement shall incorporate or have attached a rate schedule which
specifies the Collection Rate based on the size of the Container and the frequency of service: TYPE indicating
whether the Container is for Solid Waste or Recycling; DISPOSAL based on a cost per cubic yard; CONTAINER
MAINTENANCE expressed in a monthly flat rate based on the size of the Container; and the cost per month for
each SPECIAL SERVICE REQUIRED BY THE CUSTOMER. The notification shall specify the size of the
Container and the frequency of collection of each Container for each business, distinguishing between solid waste
and recycling collection service. The notification shall specify the address where the business is located. The
notification shall itemize each cost individually. A sample notification shall be approved by the Contract
Administrator or his designee before distribution to the customer. Each disclosure statement to be provided annually
to the customer by the Contractor will also be prepared in duplicate, with a copy being provided to the City.
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G. Commercial Recycling Collection Service: The Contractor shall provide Commercial Recycling
Collection Services on behalf of the City for any business in the Service Area where the City has
arranged, negotiated, or contracted for such service, and Contractor shall have the right to solicit
Commercial Recycling Collection Service agreements with any business in the Service Area upon
terms and conditions consistent with this Agreement. However, this service is not exclusive to the
Contractor.
1. Conditions and Frequency of Service: Tlie Contractor shall provide Commercial Recycling
Collection Services to all business or commercial entities located in the Service Area resulting
from its own solicitation, by request of the customer, or where a contract meeting the terms
and conditions of the Agreement is arranged by the Contract Administrator or designee. The
size and frequency of service of the Container designated for Recyclable Materials shall be
determined and agreed to by the customer and the Contractor. However, size and frequency
shall be sufficient to provide that no Recyclable Materials need be placed outside the
Container. Storage capacity shall be suitable for the amount of recyclable materials generated
by the customer. The Contractor shall provide Bulk Containers as necessary; however,
customers may own their Container provided that the customer is completely responsible for
its proper maintenance and replacement. Such Containers shall be of a type that can be
serviced by the Contractor’s equipment. Compactors may be obtained by customers from any
source, provided that such Compactor must be of a type that can be serviced by the
Contractor’s equipment, and the customer shall be completely responsible for its proper
maintenance and replacement. Compactor frequency of collection shall be sufficient to
handle the waste generated. All Commercial Recyclable Materials shall be placed in a
Container, Compactor, or other acceptable Recycling Container. All Bulk Containers and
Compactors provided by the Contractor shall be in good condition, painted and neatly labeled
with the Contractor’s name, phone number, and sue of Container in cubic yards.
Recyclable Material shall not be commingled with other solid waste. Where Recycling
Containers or Universal Containers are used, they shall be placed at an accessible location or
at such other single collection point as may be agreed upon between the Contractor and the
customer. All containers shall be kept in a safe, accessible location agreed upon between the
Contractor and the customer. Any Container or Recycling Container damaged by the
Contractor shall be repaired or replaced by the Contractor within five (5) days.
2. Level, Type, and Disclosure of Rates for Commercial Recycling Collection and Other
Services: A written agreement between the Contractor and the customer shall be entered into
regarding the level and type of service to be provided and manner of collection of fees. The
terms and conditions of such agreement shall be in compliance with all provisions of this
Agreement, and the term shall not extend beyond the term of this Agreement as stated in
Section 1. The customer shall subscribe to a level of service sufficient to meet the needs of
the customer in a sanitary and efficient manner. However, upon failure of the parties to reach
such an agreement, the Contract Administrator or designee, at the election of the customer,
and Contractor may establish the level and type of service to be provided, including the
location, sk of the Container, and number of pick-ups per week and the “TOTAL RATE“ to
be charged within the approved rate limits contained in Exhibit I. The Contractor will be
responsible for the billing and collection of payment for Commercial Recycling Collection
charges, except as otherwise provided in this Agreement. In the event the customer cancels
a contract with the Contractor for Commercial Recycling Collection Services, the Contractor
is not obligated to provide Commercial Recycling Collections at the rates set forth in Exhibit
I. Upon cancellation, the Contractor shall provide a written explanation to the City for the
cancellation. The Contractor shall allow the customer three (3) days to rescind the
cancellation afier the written notification is provided. To the extent that a customer who
canceled Commercial Recycling Collection Services subsequently requests such service, the
Contractor may negotiate a separate rate with the customer for such service.
17
3. Ownership: Notwithstanding any other provision of this Agreement, a commercial generator
of Recyclable Materials retains ownership of those materials until he/she/ or it donates or
sells, or contracts for the donation or sale of those materials to another person or entity.
Nothing in this Agreement shall prevent a person or entity engaged in the business of
recycling, whether for profit or nonprofit, from accepting and transporting Recyclable
Materials, under contract with a commercial generator, from such commercial generator when
such Recyclable Materials have been purchased from or donated by the commercial generator
and no charge is made to or paid by the commercial generator for the loading, collection,
transporting, or removal of such Recyclable Materials. Provided however, that the transporter
must report such information to the City as may be necessary for the documentation of state-
mandated recycling or reduction goals.
H. Accessibility: Placement of garbage cans, bags, or Universal Containers and bulky (large
quantities) Vegetative Waste for collection will provide for safe and efficient access to the
Contractor's crew and vehicle, avoiding utility lines and boxes, mailboxes, fences, and
overhanging trees.
1. Curbside Residential Solid Waste, Vegetative Waste, and Recycling to be collected curbside
must be placed within six (6) feet of the curb, paved surface of the public road, closest
accessible public right-of-way, or such other location agreed to by the Contractor. In the
event there is insufficient space between the curb and sidewalk for placement of Universal
Containers or Vegetative Waste, alternatively they will be collected within two (2) feet of the
sidewalk. For purposes of this Agreement, public road or public right-of-way means a road
owned and maintained by the County, State, or City, or a road on private property for which
an easement or right-of-entry agreement has been granted to the public, and such road is
constructed and maintained to a standard whereby access is available by the Contractor's
collection vehicle. Curbside Residential Solid Waste, Vegetative Waste, and Recycling will
be collected at only one location on a residential property. Additional stops for collection, as
on two sides of a corner lot, are considered a special service requiring an additional rate to be
negotiated with the Contractor. All disputes herein shall be resolved by the Contract
Administrator, which shall be binding upon the parties.
2. Container Residential Solid Waste and Recycling Containers will be kept in a location agreed
upon by the customer and the contractor, and such location shall provide safe and efficient
access to the Contractor crew and vehicle. Cardboard shall be collected if placed next to, on,
or inside the Recycling Container. If there is frequently a large amount, an alternate, larger
container shall be provided upon agreement by the customer and Contractor. In the event an
appropriate location cannot be agreed upon, the Contract Administrator shall mediate the
dispute and designate the location for collection.
3. Commercial Solid Waste and Recycling Container shall be kept in a safe, accessible location
agreed upon between the customer and the Contractor.
1. Method of Payment: The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative Waste, and
Curbside Residential Recycling Collection Services. Payments fiom the City to the Contractor
will be done and paid no later than the tenth (lo*) day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit 1, which may be modified
fiom time to time but not more frequently than annually, pursuant to the provisions for an
Extraordinary Rate Adjustment as provided herein or as otherwise agreed to by the City. The
Contractor shall be responsible for billing and collection of payments for Container Residential
Solid Waste and Recycling Collection Services as well as Commercial Solid Waste and Recycling
Collection Service, not to exceed the rates as set out in Exhibit I. The rates set out in Exhibit I
shall be adjusted only as necessary in subsequent years pursuant to the provisions for an
Extraordinary Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the Containers used
by the customer for Commercial Recycling Collection Service, at the rate set out in Exhibit I,
as determined by the Contract Administrator.
J. Method of Collection: The Contractor shall provide enclosed packer loader-bodied vehicles
equipped for manual collection of Curbside Residential Solid Waste and Vegetative Waste. The
Contractor shall use collection equipment no older than seven (7) years at any time during the term
of this Contract. Bulk Trash and large quantities of Vegetative Waste that cannot be containerized
shall be collected by means of manual rear load packer vehicles or open box vehicles equipped
with grapples for loading the waste into the vehicle container. Compartmented bodied vehicles
equipped for manual and semi-automated loading and lifting shall collect curbside and Container
Residential Recycling. Two (2) compartments are required to collect and transport two (2) streams
of recyclables; containers such as glass bottles and jars, plastic bottles and aluminum cans; and
fikr such as newsprint, magazines, catalogues and properly-sized cardboard. Items to be collected
as part of the Solid Waste Authority recycling program may be adjusted from time to time during
the term of this Agreement.
Commercial and Container Residential Solid Waste shall be collected by enclosed loader packer
bodied vehicles or by roll-off type vehicles servicing stationary compactors or open top container,
All collection equipment shall be equipped and operated in such a manner as to avoid, at all times,
spilling, dropping, or blowing contents out of the vehicle or hopper onto public or private property
to include all roads, streets, highways, and right-of-ways.
Recycling Containers shall be ordered by the City from the Solid Waste Authority and distributed
by the Contractor. The City will order Recycling Containers for distribution by the Contractor
according to requests made through the City customer service office. Pick up, inventory and
distribution of Recycling Containers shall be the responsibility of the Contractor.
K. Hours of Collection: Collection Services shall not be provided in the Service Area except
between the hours of 7:OO a.m. and 6:30 p.m., Monday through Saturday. The Contract
Administrator shall resolve collection schedule disputes between the customer and Contractor.
The Contract Administrator may restrict the hours of service to non-residential customers if in
hisher judgment disturbance complaints warrant such action. Hours of collection may be
extended or temporarily stopped due to extraordinary circumstances or conditions with the prior
consent of the Contract Administrator.
L. Routes and Schedules: The Contractor shall provide and keep current with the Contract
Administrator or designee, in a format acceptable to the Contract Administrator, an up-to-date
route schedule map for all Residential and Commercial Collection Service routes and schedules.
The Contractor shall immediately notify the Contract Administrator in writing of any proposed
change in any route schedule three (3) weeks prior to the proposed change for review and approval
by the Contract Administrator. in the event of a permanent change in the routes or schedules that
will alter the pick-up day, the Contractor shall immediately notify the affected customer in writing
or other method approved by the Contract Administrator, not less than two (2) weeks prior to the
change, at no cost to the City and the customer. Notification to the customer includes any day
changes prior to the beginning of this Agreement. Notification to Curbside customers shall be
done twice - once two (2) weeks prior to the change and once one (1) week prior to the change.
The City reserves the right to deny the Contractor’s vehicles access to certain streets, alleys, and
public ways inside the City enroute 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 City shall notify the Contractor of street closures of longer duration and
arrangements for service will be made in a manner satisfactory to Contractor and the City.
The Contractor understands and agrees to the fact that at times during the year the quantity of solid
waste to be disposed may be 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.
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M. Recycling Containers for Residential Dwelling Units:
1. The City shall order and the Contractor shall pick up and distribute to each residence(s) within
the City a minimum of two (2) containers for Recyclable Materials to be collected. All
Recycling Containers are the property of the City. Any Containers distributed prior to the
commencement of this Agreement provided by the Contractor shall also become the property
of the City on the date of commencement of this Agreement. The Contractor shall maintain
an adequate supply of Containers to provide for new residents and replacements for existing
residents.
2. The Contractor will repair or replace at its expense any Container or Recycling Container
damaged through the fault or negligence of the Contractor or its employees. The Contractor
shall deliver replacement Containers or Recycling Containers within forty (48) hours of a
request.
3. The Contractor shall promptly deliver replacement Recycling Containers, or Containers
damaged by its employees, or when notified by the Contract Administrator or designee, or the
occupant of a Dwelling Unit where a Recycling Container or Container is damaged or
missing, and shall report monthly all such replacements to the City. The Contractor shall also
promptly deliver Recycling Containers, or Containers as requested by the City on behalf of
the residential customers for the purpose of excess Recyclable Materials or for new residential
customers within five (5) business days of the request by the customer or the City.
N. Material Recycling Facility: The Contractor shall deliver all Recyclable Materials collected
from the Service Area to the Solid Waste Authority Materials Recycling Facility (MRF) or facility
designated, in writing, by the Contract Administrator.
0. Change in Scope of Recycling Collection Service: From time to time, at the sole option of the
City, it may be necessary to modify the scope of Recyclable Materials or the method of collecting
recyclables that will be included in the Recycling Collection Service. Should this occur, the City
and the Contractor agree to enter into good faith negotiations to amend this Agreement to reflect
the impact of any such modification.
5. CHARGES, RATES, AND LEVEL OF SERVICES:
A. Solid Waste and Recycling Collection Rates: Charges for all Collection services performed by the
Contractor pursuant to this Agreement shall be based on the rates established in Exhibit I, and as may
be subsequently adjusted pursuant to the provisions for Extraordinary Rate Adjustment and
Extraordinary Rate Adjustment - Fuel, as provided herein in this Agreement or as otherwise agreed to
by the City. The Contractor shall supply the City with such information as determined to be necessary
to make the calculations to determine the rate adjustment in accordance with the Agreement. No
change in rates, as provided by this Agreement. shall be made without the approval of the City
Council. Extraordinary Rate Adjustments and CPI adjustments shall be effective on the following
anniversary date of the Contract and Extraordinary Rate Adjustments - Fuel shall be effective the
following quarter, unless otherwise mutually determined by the City and the Contractor.
An income and expense statement stating gross revenues paid to the Contractor and expenses for the
collection and recycling services and the cost of operations provided under this Agreement, as well as
disposal fecs paid to the Authority, shall be prepared by the Contractor in accordance with gcnerally-
accepted accounting principles for each month during the term of this Agreement. The quarterly
statement shall be submitted forty-five (45) days after the reported month and shall be in a format
similar to that as set out in Exhibit V, attached hereto and by this reference incorporated herein, as
may be mer revised by the Contract Administrator from time to time. The quarterly franchise fee
payment shall accompany this report.
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Within one hundred twenty (120) days after the end of the Contractor‘s fiscal year, the Contractor shall
deliver to the City, in a format as shown in Exhibit 111, attached hereto and by this reference
incorporated herein, as may be further revised by the Conhact Administrator from time to time, an
Audited Financial Statement including, at a nunimum, a Balance Sheet and an Income Statement
representing the financial position and the Results of Operations, respectively, of the Contractor for
the Service Area. The report must include the opinion of a Florida Certified Public Accountant, who
has conducted an audit of the Contractor’s books and records in accordance with generallyaccepted
auditing and accounting principles and standards, which include tests and other procedures necessary,
that the Financial Statements are fairly presented, in all material respects, in conformity with
generally-accepted accounting principles.
B. City’s Obligation, Payments:
1. The City will be responsible for payments for those units included in the City’s mandatory
Curbside Residential Solid Waste and Vegetative Waste Collection Services and the Curbside
Residential Recycling Collection Services programs. The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to this Agreement. The
Contractor shall be entitled to payment for the collection services specified here irrespective of
whether or not the City collects from customers for such services. Payments from the City to the
Contractor will be due and paid no later than the tenth (IO*) day of the month following the
month during which sentices were rendered.
On or before April 1, and before commencement of work by the Contractor under the terms of
this Agreement, the City or designee shall provide to the Contractor the estimated total number of
units to be serviced including container residential units. By November 1 of each Fiscal Year, the
City or its designee shall provide to the Coiltractor a copy of the annual tax roll providing a listing
of all the units to receive these services. Thereafter and for the duration of this Agreement, the
City or designee shall notify the Contractor monthly of new residential units to be served and/or
deleted, and payments will be adjusted accordingly. New Dwelling Units, which are added for
collection service during the City’s Fiscal Year, will be added to the customer service list, and
payment for said services will be paid by the City to the Contractor in the Contractor‘s monthly
payment. Payment will commence the first day of the month following the issuance of a
certificate of occupancy (“CO). The payments from the City to the Contractor for units added
by CO arc paid no later than the tenth (IO*) day of the month. AAer the fmt year of the
Agreement, the Dwelling Unit becomes part of the total number of the subsequent year’s total
number of units, provided annually to the Contractor on or before October 1. Reconciliation will
occur every year in January based solely on units listed in the tax roll plus units issued Cos since
January of the previous year. The Contractor is responsible for the billing and collection for
collection services provided to container residential customers.
2. In the event the Contractor provides service to Dwelling Units whose parcels were not included
on the annual tax roll provided by the City, the Contractor must provide a written list of such
Dwelling Units and the length of time for which service was provided to the Contract
Administrator within ninety (90) days of receipt of the tax roll or monthly notice of new
occupancy is received. Upon receipt of such written list by the City, the Contract Administrator
will verify the customer address and that service fo the unit is proper within thirty (30) days, and
if proper, shall remit monthly payments to the Contractor for such service effective as of October
1 of that Fiscal Year or the date service began, whichever is earlier, but for no period more than
ninety (90) days in arrears. If the City has not received notification within ninety (90) days by the
Contractor, no adjustments to payment will be made until the next Fiscal Year annual roll is
certified for the same units. However, the City reserves the right to correct any errors of omission
or commission per the laws and rules that govern the City. In the event the City pays the
Contractor for a residential unit in error for whatever reason, the Contractor shall notify the
Contract Administrator. Upon determination of any overpayment, the Contract Administrator
will verify the mor and make appropriate adjustment to the Contractor’s payment to correct the
emr.
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C. Solid Waste Disposal Costs: Collection service costs and solid waste disposal costs shall be treated
separately for the Residential Solid Waste Collection Services being provided pursuant to this
Agreement. The Contractor's payments for collection are set out in Exhibit I as adjusted annually.
Residential and commercial solid waste disposal costs shall be separated from Residential and
Commercial Collection Service costs as shown in Exhibit 1. 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 Authority annually as shown in Exhibit I. The non-assessed
portion of the commercial disposal costs will be part of the service charge billed by the Contractor.
The Contractor shall pay the Authority 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 credited by the City. The City accepts no responsibility or financial liability for
quantities of Residential Solid or Vegetative Waste required to be collected pursuant to the terms and
conditions of this Agreement.
The City will pay the Contractor, on a quarterly basis pro-rated, fees for new residential units issued a
CO. Pro-rated disposal fee calculations shall be paid by the City to the Contractor for non-assessed
residential unit disposal fees in accordance with the provisions in Exhibit VI, attached hereto and by
this reference incorporated herein.
D. Extraordinary Rate Adjustment (ERA): The Contractor may petition the City no more than once a
year as provided for below for an additional rate adjustment on the basis of extraordinary and unusual
changes in the cost of operations, excluding hel, which could not reasonably be foreseen by a prudent
operator. The Contractor's request shall contain substantial proof and justification, as determined by
the City, to support the need for the rate adjustment. The City may request from the Contractor, and
the Contractor shall provide, such further information as may be reasonably necessary in making its
determination. The Contractor shall submit for an extraordinaty rate adjustment within twelve (12)
months of the event@) necessitating the adjustment, but not before January 3 1 or later than March 3 1
of any calendar year. The City shall approve or deny the request, in whole or in par(, within sixty (60)
days of receipt of the request and all other additional information required by the City. The Contractor
shall supply the City with such information as may be necessary to make the calculations to determine
the rate adjusmnt in accordance with the Agreement. No change in rates, as provided by this
Agreement. shall be made without the approval of the City Council. Rate adjustments shall be
effective the following October 1, unless otherwise mutually agreed by the City and the Contractor.
No adjustment may be requested nor will one be granted during the last year of the Agreement. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein. The Contractor's base costs for the ninety (90) days preceding the Agreement
start date for any items included in an Extraordinary Rate Adjustment must be submitted as part of a
request for adjustment.
E. Extraordinary Rate Adjustment - Fuel (ERA-Fuel): The Contractor may petition the City for an
additional rate adjustment on the basis of extraordinary and unusual changes in the cost of fuel, which
could not reasonably be foreseen by a prudent operator. Contractor shall submit, to the City Finance
Administrator, a hrel supply agreement for diesel and gasoline in addition to a purchase invoice
showing actual price per gallon within thirty (30) days of the start of collection services. Quarterly
thereatter during the term of the agreement the Contractor may submit to the City Finance
Administrator a fuel surcharge invoice or credit for fbel purchases for the past quarter to support a
request for a rate adjustment on the basis of fuel costs. Such invoices must be presented in
spreadsheet format showing dates of purchase, gallons purchased, unit prices of each purchase,
total route gallons used and route miles driven and total change in base cost of fuel (increase or
decrease) during the period. A copy of any change in fuel purchase agreement, copies of all paid
receipts for hcl purchases shall also be included. Base cost is the first fuel receipt submitted at
start-up.
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The City will review the request and supporting documentation. Additional information may be
requested by the City to further support the request. Within thirty days the City will notify the
Contractor of the amount of payment to be made to the Contractor, credit due the City from the
contractor or no change from the previous quarter thus no payment due from either party. The
City shall make the sole determination of such extraordinary rate adjustment or compensation as
contemplated herein
F. Annual Rate Adjustment: On a yearly basis and commencing on April 1, 2007, and every year
thereafter that this Agreement is in effect and subject to the limitations provided above, the Contractor
shall receive a standard rate adjustment for all collections made hereunder, as set forth in Exhibit 1 of
this Agreement, except for Construction and Demolition Debris which is subject to a separate annual
Rollsff Collection Permit.
G. Contract Service Fee: To compensate the City for the cost of administration, supervision, and
inspection rendered for the effective performance of this Agreement, as well as other costs related to
Collection, the Contractor shall pay to the City a fee of five percent (5%) of all gross revenues billed
arising out of any services or operations conducted in the Service Area. Solid waste disposal costs
paid by the Contractor to the Authority under this Agreement shall be deducted from the gross
revenue total prior to applying the 5% for calculation of the Contract Service fee due to the City.
Contract Service fees for each calendar quarter shall be payable within forty-five (45) days following
the last day of such calendar quarter. A late charge of one and one-half percent ( I .5%) of the nwnies
due for the Contract Service fee shall be calculated monthly until payment is received.
6. HOLIDAYS: The Contractor shall not be required to collect Commercial Solid Waste, Commercial Recycling,
Residential Solid Waste, Vegetative Waste, and Residential Recyclable Material or maintain office hours on
Thanksgiving Day and Christmas Day. Residential Solid Waste, Recyclable Material, and Vegetative Waste
not collected on Thanksgiving Day and Christmas Day shall be collected on the next scheduled service day.
The Contractor shall not be required to maintain ofice hours on Memorial Day, Labor Day, Independence Day,
New Year’s Day, Thanksgiving Day, and Christmas Day. However, on all holidays except Thanksgiving Day
and Christmas Day, the Contractor shall provide for operations personnel to accept calls from the City and the
Contractor’s customers.
7. SPECIAL SERVICES: Where the resident of a dwelling unit is physically unable to deliver Residential Solid
Waste, Vegetative Waste, or Residential Recycling to the curbside and is qualified as disabled by the Contract
Administrator an alternative location may be an-anged between the customer and the Contractor at no extra cost
to the resident. The Contract Administrator shall resolve any dispute by designating the alternate location. If a
residential structure is located in such a manner as to provide non-accessibility to the Contractor’s crew or
vehicle, an alternate may be arranged between the customer and the Contractor at no cost to the resident. The
Contract Administrator will resolve any dispute.
Rates charged for Special Services may not exceed the Special Service Rate listed in Exhibit 1. If the Resident
requests Special Services, such as back-door service (off-curb service), these services shall be billed directly to
the customer by the Contractor in accordance with Exhibit 1; such charges shall then be established through
negotiations between the Contractor and the customer. In the event the customer and the Contractor cannot
reach an agreement on the cost, the Contract Administrator shall determine the cost. Any special service(s)
negotiated &tween the Contractor and a customer shall be in the form of a written agreement and signed by
both parties. The Contractor shall provide a copy of this agreenlent to the Contract Administrator within five
(5) days of the execution of the agreement.
8. PUBLIC AWARENESS PROGRAM: The Contractor shall assist the City with any Public Awareness
Program to infom residential and commercial customers of the requirements for the solid waste, vegetative
waste and recycling collection program which shall include, but not be limited to, brochures and other
materials approved by the City as well as by distributing door hangers, stickers, flyers, or other medium for
distriiution to residential and commercial customers as requested by the City. The City and the Contractor will
share responsibility for the promotion of the recycling propams. The City and the Contractor will cooperate in
the design of promotional events and educational programs and the preparation of the above referenced
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promotional materials. However, the City's contribution shall be subject to budget, review, and approval by the
City. The Contractor will distribute written service information 'to the residential participants on a periodic
basis. The Contractor further agrees to conduct presentations for schools, civic groups, homeowners
associations, and other appropriate citizens groups. Contractor financial responsibility will be limited to
reimbursing the City for its commercial printing costs for printed informational materials regarding the Solid
Waste and Recycling Collection Program.
The Commercial Recycling customer will also be notified, by the City through the Contractor, about special
commercial recycling events, workshops, educational forums and symposiums, and other activities, as
requested. City personnel may be available to assist the Contractor's marketing staff in expanding commercial
marketing service.
9. MANNER OF COLLECTION: The Contractor shall collect Residential Solid Waste, Vegetative Waste, and
Recyclable Materials and Commercial Solid Waste and Recycling with a nunimum of noise and as little
disturbance as possible, and shall leave all containers at the same point it was collected and leave no container
in a location blocking vehicle access to a driveway or turnout. Any Garbage Can, Recycling Container, or
Container damaged by the- Contractor will be repaired or replaced by the Contractor within forty-eight (48)
hours at no cost to the customer, unless otherwise provided within this Agreement. The replacement must be
similar in style, material, quality, and capacity. Throwing of any Garbage Can or Recycling Container is
prohibited. The Contractor shall neatly replace all Containers and Garbage Cans to the point of collection.
Employees of the Contractor shall not be required to expose themselves to the danger of being bitten by vicious
dogs or similar animals in order to accomplish Curbside Residential Solid Waste, Vegetative Waste, and
Recycling Collection Service. In any case where the owner or tenants have such animals at large, the
Contractor shall immediately notify the Contract Administrator of such condition and of its inability to provide
service because of such conditions. Collection crews will inunediately clean up any spillage created in the
process of collecting Residential Solid Waste, Vegetative Waste, and Recyclable Material.
10. PERSONNEL OF THE CONTRACTOR:
A. The Contractor shall assign a qualified person or persons to be in charge of daily operations within the
Service Area and shall give the M~(s) and ofice and cellular telephone numbers of the person@) to
the Contract Administrator. Such person(s) shall be present in the City during the majority of
collection hours each collection day.
B. The Contractor's solid waste collection employees and workers shall wear a uniform or shirt bearing
the Contractor's name during operations in the City.
C. Each driver of a collection vehicle shall at all times carry a valid Florida driver's license for the type of
vehicle that is being driven.
D. The Contractor shall provide operating and safety training for all personnel, including temporary
workers, and documentation as proof of training.
E. The Contractor's employees and workers shall treat all customers in a polite and courteous manner.
F. The Contractor shall provide emergency contact numbers for all key personnel. In addition, the
Contractor shall supply at no cost to the City one radio compatible with the City's system with the
numbers of all contacts pre-programmed into the phone for City use.
11. SPILLAGE: The Contractor shall not litter or cause any spillage to occur upon the premises, roadway, or
the right-of-way wherein the collection shall occur. During hauling, all solid waste, vegetative waste, and
recyclable material shall be contained, tied, or enclosed so that leaking, spilling, and blowing is prevented.
In the event of any spillage or leakage by the Contractor, for any reason or source, the Contractor shall
clean up all spillage and leakage at no cost to the City or the customer the same day of occurrence, unless
otherwise specified within this Agreement or sonie other period as approved by the Contract Administrator.
24
The Contractor shall include spill containment kits in each vehicle operating in the City. Additionally, the
Contractor will install and maintain, at its own expense, a lockable storage unit in a designated area of the
City Public Works yard containing sufficient quantities of spill containment absorbent material to
effectively contain and clean up the loss of fifty (50) gallons of fluid. Sufficient bags of gray Portland
cement and heavy duty brush brooms will also be stored to cover an area twenty-five (25) feet wide and
forty (40) feet long.
12. SOLID WASTE AND MATERIAL RECYCLING FACILITIES: All Residential Solid Waste,
Commercial Solid Waste, Vegetative Waste, and Recyclable Material shall be hauled to a designated
Facility. Facilities managed and operated by the Solid Waste Authority are periodically closed for
maintenance (an average of thirty (30) business days every four (4) years. In the event a Designated
Facility is closed, the Contractor shall take the Solid Waste, Vegetative Waste, and Recyclable Materials to
another Designated Facility at no charge to the City.
In the event that a load of Recyclable Materials delivered to a Designated Facility contains more than three
and one-half percent (3.5%) by weight of the total load, material which is not Recyclable Material, or that
there is more than 3.5% paper products within the other commingled Recyclable Material or visa versa, the
Authority or its designee has the right to reject the load and to charge the Contractor the fill disposal fee
for each ton within the load. The Contractor may pass this cost through to a commercial customer in the
event that the Contractor can prove, to the satisfaction of the customer, that the customer caused the
contamination. In the event of a dispute, the Contract Administrator will determine whether the Contractor
or the customer will absorb the disposal fee. It is the responsibility of the Contractor to notify the City of
any customer who has on more than three (3) occasions contaminated the Recyclable Materials. However,
the City shall not be responsible for payment of any penalties charged by the Authority for contaminated
loads.
13. COLLECTION EQUIPMENT: The Contractor shall provide, operate, and maintain manual packer
loader equipment for Residential Curbside Solid Waste Collection Service and have on hand at all times and
in good working order such equipment as shall permit the Contractor to adequately and efficiently perfom the
contractual duties specified in this Agreement, including one (1) reserve type collection truck for each type in
service. Upon execution of this Agreement and semi-annually thereafter, the Contractor shall provide, in a
format specified by the Contract Administrator, a list of the equipment to be used by the Contractor to provide
services relating to this Agreement. Residential Solid Waste collection quipment shall be of the enclosed
loader packer type, or other equipment that meets industry standards and is approved by the Contract
Administrator. All Equipment shall be kept in good repair, appearance, and in a sanitary, clean condition at all
times. Recycling Materials coUection equipment shall be dual-compartment equipment (one compartment for
paper products and one compartment for other Recyclable Material), separate trucks or other equipment that
meets industry standards and is approved by the Contract Administrator, and must be compatible for unloading
at the designated recycling facility or transfer station. Unless otherwise provided within this Agreement, in the
event a compacting vehicle is used for the collection of Recyclable Materials. compaction pressure may not
exceed fifty (50) pounds per square inch for the commingled non-paper Recyclable Materials to avoid glass
breakage. Equipment utilized for the collection of Recyclable Materials shall be clearly identified for that
purpose. The Contractor shall have available reserve equipment, which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and capacity to the assigned
equipment used by the Contractor to perform the contractual duties. However, back-up equipment can be a rear
or front load packer with lifters. Equipment is to be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in retro-reflective letters not less than five (5) inches
high on each side of the vehicle. The rear of the vehicle shall contain signs warning the public of fiequent 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 of events sponsored by the City. All containers shall have the
container size listed in cubic yards displayed on the front of the container. No equipment used in this
Agreement shall be older than seven (7) years of age from date of manufacture. Equipment shall have rear
flashing strobe lights that must remain on while the vehicle is in collection mode.
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14. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS OR BIOMEDICAL WASTE, AND
SLUDGE: The Contractor shall not be required to collect and dispose of Special Waste, Hazardous Waste,
Biohazardous or Biomedical Waste, or Sludge but may offer such service in the City. All such collection and
disposal for those types of waste in this Section are not regulated or exclusive under this Agreement, but if
provided by the Contractor, shall be in strict conlpliance with all federal, state, and local laws and regulations.
15. OFFICE AND EQUIPMENT YARD: The Contractor shall maintain an ofice within Palm Beach or Mh
County where complaints shall be received. It shall be equipped with sufficient telephones, with no less than
two (2) phone lines, and shall have responsible persons in charge during collection hours and shall be open
during normal business hours, 8:OO a.m. to 5:oO p.m, Monday through Friday. The Contractor shall provide a
fax machine and/or computer to receive complaints from the City, which shall be operable twenty-four (24)
hours a day. The Contractor shall provide an answering machine during non-office hours for customer requests
and questions to be responded to during the following business day. The Contractor shall provide a contact
person, who shall not live more than sixty (60) miles from the City, for the City to reach during all non-office
hours. The contact person must have the ability to authorize Contractor operation in the case of City direction
or situations r uiring immediate attention. The Contractor’s Equipment Yard and office are located currently
at 2700 NW 48 Street, Pompano Beach, Florida. Equipment Yard means a real propeq location that shall be
utilized by the Contractor for the storage and keeping of all equipment needed by the Contractor to provide all
services under this Agreement in the Service Area
e9,
16. COMPLAINTS Any complaints received by the City will be forwarded to the Contractor by telephone,
computer, or electronic media at least twice daily where the Contractor shall record it on a complaint log, as
well as any complaints received directly by the Contractor. The complaint shall be resolved within twenty-four
(24) hours after the Contractor receives it. When the complaint is received by 12:OO noon on a Saturday or the
day preceding Thanksgiving Day and Christmas Day, it shall be resolved by the Contractor the same day it is
received; however, if received after 12:oO noon, it shall be resolved no later than the next regular working day.
When the Contract Administrator notifies the Contractor of a complaint or the Contractor receives a complaint
the Contractor shall take the appropriate steps that may be necessary to resolve the complaint within
twenty-four (24) hours after its receipt. If a complaint cannot be resolved within twenty-four (24) hours, the
Contract Administrator shall be notified immediately of the reasons for the delay. If the Contract Administrator
approves the reasons, the twenty-four (24) hour resolution period will be adjusted.
The Contractor shall provide the Contract Administrator or designee with a full written explanation of the
disposition of any complaint involving a claim of damage to private or public property as a result of actions of
the Contractor’s employees, agents, or subcontractors. Any damage shall be repaired within seven (7)
business days with written disposition submitted to the City within five (5) days following resolution.
The Contractor shall prepare and maintain, in accordance with a format and method approved by the City, a
register on all complaints, and shall indicate thereon the disposition of each complaint. Such record shall be
submitted to the City after the tenth (lo*’ day of each month for the preceding month. The record shall indicate
the day and hour on which the complaint was received and the day and hour on which it was resolved. The
complaints received by the Contractor, both residential and commercial customers by service type and their
disposition, shall be delivered electronically daily to the Contract Administrator. Legitimacy of challenged
complaints shall be determined by the Contract Administrator, and hidher decision shall be final.
It is recogkd that disputes may arise between the City and the Contractor with regard to the collection of
certain item due to disputes over the specific language of the Agreement. The Contract Administrator may
from time to time notify the Contractor by telephone to remove all such rehe. Should the Contractor fail to
remove the refuse within twenty-four (24) hours from the time of notification, the City will do so, and all costs
incurred by the City shall be deducted fiom compensation due the Contractor. This action taken by the City
shall not be deemed a breach of this Agreement; the parties understand that the City has the unilateral right to
set off such anmmts, and such action by the City shall not be deemed a breach of this Agreement. Notice of
he amount deducted shall be given to the Contractor. If the City or designee determines that disputed refuse
did not conform to contract specification, the Contractor shall be entitled to additional compensation for
removal.
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17. QUALITY OF PERFORMANCE OF CONTRQCTOR: It is the intent of this Agreement to ensure that the
Contractor provides a quality level of Solid Waste and Recycling Collection Services. To this end, all
complaints received by the Contact Administrator or designee and reported to the Contractor shall be promptly
resolved pursuant to the provisions of Section 16 and all other terms and conditions of this Agreement.
Complaints shall not include customer informational requests or Recycling Container requests. A complaint
not resolved within twenty-four (24) hours, unless otherwise provided in this Agreement, shall count as two (2)
complaints. In the event complaints received from curbside customers within the Service Area, as determined
by the Contract Administrator designee exceed the limits shown in the tabulation below, the Contract
Administrator shall levy SlOO.00 per incident administrative charges for those actions related to service as
listed within this Agreement. These administrative charges shall be in addition to other administrative charges
levied by the Contract Administrator. There will be a $l,OOO administrative penalty in addition to other
penalties if the percentage of complaints, based on residential units served, is exceeded monthly or annually.
Type of Complaint Monthly Limit (%) Fiscal Year (Annual) Limit %
Garbage and Damage
Recycling
Vegetation
All Others
0.50%
0.15%
0.50%
0.10%
1.25%
3 .OO%
1 .Wh
2.00%
0.50%
6.50%
The Contract Administrator may also levy administrative charges for all other infractions of this Agreement at
$100.00 per day per incident, as determined by the City or designee, without regard to the percentage of
customer complaints including:
A.
B.
C.
D.
E.
F.
G.
H.
1.
J. Failure to clean spillage.
K.
L.
M.
N.
0.
P.
Q. R
S.
Commingling Solid Waste with Vegetative Waste and/or Recyclable Materials.
Throwing of garbage cans or Recycling Containers.
Failure to collect Recyclable Materials, Solid Waste, or Vegetative Waste on collection schedule.
Failure to replace Garbage Cans, Containers, or Recycling Containers to the point of collection.
Failure to provide clean, safe, sanitary equipment.
Failure to maintain ofice hours as required.
Operator not licensed or improperly licensed.
Failure to provide documents and reports in a timely and accurate mer such as listed in A below
Damaged Container or Recycling Container not replaced within forty-cight (48) hours.
Failure to repair damage to customer propew within seven (7) business days or as otherwise provided
in this Agreement.
Failure to cover materials on collection vehicle(s).
Collection employees or temporary workers not in company uniforms.
Name and phone number, and if applicable, size not displayed on equipment, Containers, or
subcontractor's equipment.
Not providing cumnt schedule and route maps as required.
Traffic violation within the City issued by law enforcement.
Using improper truck to service commercial or residential customer.
Failure to submit disclosure notices as required in the Agreement to either customer or Contract
Administrator.
* Failure to report Residential Solid and Vegetative Waste and Recycling and tonnage activity monthly
(on or before the tenth (lo*' day of the following month) in a format determined by the City, for the
purpose of tracking and verifying generation rates.
Failure to collect Recyclable Materials, Solid Waste or Vegetative Waste on schedule for any
customer who has been missed more than three (3) times per Fiscal Year.
Failure to respond to customer calls, including commercial recycling and solid waste collection
service customers, in a timely and appropriate manner.
Failure to place a contamination sticker in Recycling Containers.
T.
U.
V.
27
W.
X.
Failure to replace or provide containers or Recycling Containers within five (5) business days.
Failure to place a sticker on any waste not collected explaining the reason for the pass.
The Contract Administrator shall assess administrative charges for the following, as set forth herein:
0
0
0
Changing collection routes or schedules without proper notification will result in a $1,OOO.00 fine per
incident.
Failure to clean up spillage of any substance, such as, but not limited to, hydraulic fluid or diesel fuel, will
result in a $2,500.00 fine per day, per incident.
Failure to deliver any Commercial or Residential Solid Waste, Vegetative Waste, or Recyclable Materials
to a designated facility will result in the following penalties:
1. First offense, $l,O00.00 fme
2. Second offense, $2,500.00 fine
3. Third offense, immediate Termination of Agreement.
Failure to complete, either partially or totally, a collection route on the regularly scheduled pick-up day shall
be $500.00 for each route per day not completed.
Filing of requested information and documents:
0
0
1. In addition to any other requirements of this Agreement, the Contractor shall be required to file
pertinent statistical and aggregate cost information pertaining to Solid Waste Collection and Recycling
Collection Services that is requested by the City. The results of all recycling activity conducted by the
Contractor in the City during each month, whether residential or commercial, shall be reported
accurately to the City, in a format and with such dates as specified by the City, on or before the tenth
(lo*) day of the following month. At a minimum, the Contractor shall submit the following by the
tenth (10'") ofthe month:
0 Customer complaint log
0 Commercial customer service list
0 Tonnagereports
0 Universal Container distribution inventory by address, date, size, and serial number.
2. The Contractor shall file and keep current with the City all documents and reports required by this
Agreement. By September 1 of each year this Agreement is in effect, the Contractor shall ensure and
certifjr to the City that all required documents such as, but not limited to, certificates of insurance,
audits, performance bond or letter of credit, collection routes and schedules and maps, drivers license
certifications, and list of assigned collection equipment vehicles are current and on file with the City.
Collection route maps shall be provided in a format as required by the City. Failure to file any
document or report within five (5) working days of the required filing date, except where granted an
extension by the Contract Administrator, may result in the levy of an administrative fme as provided
in Section 17. Nothing herein, however, shall prevent the City from asking for the information above
at any time.
For the purpose of this Section, the Contract Administrator may deduct any charges from payments due or to
become due to the contractor, and the City shall not be deemed in default hereunder. The Contract
Administrator may assess charges pursuant to this Section on a monthly basis in connection with this
Agreement and shall at the end of each month during the term of this Agreement notify the Contractor and the
City in writing of the administrative charges assessed and the basis for each assessment. In the event the
Contractor wishes to contest such assessment, it shall, within five (5) days after receiving such monthly notice,
request in writing to the Contract Administrator an opportunity to be heard by the City and present its defense
to such assessment.
The City shall notify the Contractor in writing of any action taken with respect to the Contractor's claims, and
the decision of the City will be final.
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18. NATURAL DISASTERS: In the event of a hurricane, tomado, major storm or other natural disaster, the
Contract Administrator may grant the Contractor a variance from regular Collection Routes and Schedules. As
soon as practicable after such ~twal disaster, though not more than forty-eight (48) hours, or as soon as Solid
Waste Authority facilities are open for receipt of waste, nom1 collection routes and schedules shall resume.
The Contract Administrator or designee shall make an eflort through the local news media to inform the public
when regular services may be resumed and any special conditions required for collection. If authorized to
provide storm debris removal services by the Contract Administrator, the Contractor’s clean-up activities from
some natural disasters may require that the Contractor hire additional equipment, employ additional personnel,
or work existing personnel on overtime hours to clean debris resulting fiom the natural disaster. The Contractor
shall receive compensation above the normal cornpensation 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 fmt secured written authorization and approval from the Contract Admirustrator prior to the
work being performed. In addition, the City may require the Contractor to provide citywide emergency
Vegetative Waste Collection service prior to a pending natural disaster, such as a storm. The City’s Contract
Administrator and Accountant shall audit all such costs prior to payment.
During the month of March each year, the Contract Administrator will review the City’s cument disaster
preparedness plan to initially coordinate the regular collection activities of the Contractor in the event of a
natural disaster. On January lof each year of this Agreement, the Contractor is required to provide a disaster
preparedness plan to the Contract Administrator for review and approval. This plan shall include provisions for
additional manpower and equipment and will establish a reasonable, verifiable rate for collection in the event of
a natural disaster to be compensated through the City’s Contract Service fees if the Contractor is authorized to
provide removal services by the City. In the event that excess work resulting from a MWI disaster is
compensated by the Federal Emergency Management Agency, or any other local, state, or federal agency, the
extra compensation shall be subject to such agency‘s approval. The Contractor shall update his natural disaster
plan each year of the term of the Agreement for the Contract Administrator‘s review and approval. The parties
hereto understand that there shall be no double billing for services hereunder.
The parties hereto further understand that the City retains other contractors and consultants to assist in
hurricanes and other natural disasters debris removal and assistance. The Contractor herein agrees to work with
such parties as part of its duties in this Contract.
19. UNCONTROLLABLE CIRCUMSTANCES: Neither the City nor Contractor shall be considered to be in
default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect
of which by the exercise of reasonable diligence the non-performing party could not avoid. However, the City
is not required to compensate the Contractor for services not provided.
Neither party shall, however, be excused from performance if nonperfonnance is due to forces which are
preventable, removable, or remediable and which the nonperforming party could have, with the exercise of
reasonable diligence, prevented, removed. or remedied with reasonable dispatch. The nonperforming party
shall, within a reasonable the of being prevented or delayed from performance by an uncontrollable force,
give written notice to the other party describing the circumstances and uncontrollable forces preventing
continued pcrformance of the obligations of this Agreement.
20. PERMITS AND LICENSES: The Contractor shall obtain, at its own expense, all pennits and licenses
required by law or ordinance and maintain the same in full force and effect. Any change of the licenses or
permits shall be reported to the City within ten (IO) working days of the change. By award of this Agreement,
the City grants a Roll-off Collection Permit, which must be signed by the Contractor. Annual permit fees are
waived.
21. PERFORMANCE BOND: The Contractor shall furnish to the City a performance bond executed by a surety
company licensed to do business in the State of Florida andor a clean irrevocable letter of credit issued by a
bank within Palm Beach County to ensure the faithful performance of this Agreement and all obligations
arising hereunder in the appropriate amount determined in accordance with Exhibit IV, attached hereto and by
this reference incorporated herein. The clean irrevocable letter of credit or bond provided hereunder may each
be substituted for the other upon approval by the City. The form of this bond or letter of credit and the Surety
29
Company shall be acceptable to the City Attorney and the Contract Administrator and shall be maintained
during the term of this Agreement as provided in Section 1. The bond shall not be canceled, limited, or
non-renewed until after thirty (30) days' written notice has been given to the City. Current performance bond
evidencing required covmge must be on file at all tinles.
22. EMPLOYEE WAGES AND BENEFITS: The Contractor shall comply with all applicable local, state, and
federal laws, rules, regulations, codes, ordinances, directives, and guidelines relating to wages, hours, overtime
and all other applicable laws relating to the employment or protection of employees, now or hereinafter in
effect. The Contractor shall provide salary and benefits to employees that are competitive in Palm Beach
County for the Solid Waste Collection Industry. Conditions of employment shall be published and
conspicuously posted so all employees may be informed. The Contractor shall furnish reasonable uniforms,
rain gear, and safety equipment at its expense.
23. INSURANCE: During the term of the Agreement, the Contractor shall procure, maintain, and provide, at its
own expense, the City with certificates of insurance or evidence of the insurance required under this Section.
Cancellation or modification of said insurance shall not be effected without thirty (30) days' prior written notice
to the City.
A. Workers' compensation Insurance: Workers' Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liability Coverage in an amount not
less than $1OO,OOO.00 per each accident, $100,O00.00 by disease, and $500,000.00 aggregate by
disease.
B. Liability Insurance: The Contractor shall, during the term of this Agreement, and any extensions
hereof, maintain in full force and effect a commercial general liability insurance policy and
automobile liability insurance policy, which specifically covers all exposures incident to the
Contractor's operations under this Agreement. Such insurance shall be with a company acceptable to
the City, and each policy shall be in an amount of not less than $ I ,OOO,OOO.00 Combined Single Limit
for personal bodily injury, including death, and property damage liability, and the general liability
shall include, but not be limited to, coverage for Premisedoperations, ProducWCompleted
Operations, Contractual to support the Contractor's Agreement or indemnity and Fire Legal Liability.
In addition to the above liability limits, the Contractor shall maintain a $5,000,000.00 umbrella and/or
excess liability coverage. Policy(ies) shall be endorsed to show the City, a municipal corporation in
the State of Florida, as an additional insured as its interests may appear. Current certificates of
insurance evidencing required coverage must be on file with the City at all times. The Contractor
expressly understands and agrees that any insurance protection furnished by the Contractor shall in no
way limit its responsibility to indemnify and save harmless the City under the provisions of Section 24
of this Agreement.
24. INDEMNIFICATION: The Contractor will hold the City harmless from any and all liabilities, losses, or
damages the City may suffer as a result of claims, demands, costs, or judgments against the City arising out of
the negligence, gross negligence, willfbl acts, and wrongful acts or omission of the Contmctor or its employees,
which said liabilities, losses, damages, claims, demands, costs, or judgments arise directly out of the matters
which are the subject of this Agreement and the work to be performed thereby. The Contractor shall not be
responsible for nor be required to indemnify or hold the City harmless for any act, omission, negligence, or
other liability to the extent caused by the act or omission, in whole or in part, of the City or any one of its
employees or agents. In connection with any legal proceedings arising hereunder, the City reserves the right to
retain counsel of its choice and at its own expense, or in the alternative, approve counsel obtained by the
Contractor. The parties hereto acknowledge that the indemnification herein is supported by adequate
consideration.
30
25. ACCESS AND AUDITS: The Contractor shall nuintain within Palm Beach County adequate separate
furancia1 and operating records for the Service Area of the Solid Waste Collection and/or Recycling Services
during the Fiscal Year and for three (3) years following the end of each Fiscal Year during the term of this
Agreement. The City or designee shall have the right to review all applicable records maintained by the
Contractor upon twenty-four (24) hours' written notice.
The Contractor shall provide the City an Audited Financial Statement, including, at a minimum, a Balance
Sheet and an Income Statement representing the financial position and the results of operations, respectively, of
the Contractor specifically for the Service Area. The repon must include the opinion of a Florida Certified
Public Accountant, who has conducted an audit of the Contractor's books and records in accordance with
generally-accepted accounting principles, which include tests and other procedures necessary, that the Financial
Statements are fairly presented, in all material aspects, in conformity with generally accepted accounting
principles. The annual audit shall reflect, at the very least, information regarding the Statement of Income and
Expenses in the format shown in Exhibit 111 and shall be delivered to the City within one hundred twenty (1 20)
days of the twelve (1 2) month period ending the Contractor's Fiscal Year.
26. POINT OF CONTACT: All dealings, contacts, notices, and payments between the Contractor and the City
shall be directed by the Contractor to the Contract Administrator or designee.
27. NOTICE: Any notice, demand, communication, or request required or permitted hereunder shall be in writing
and delivered in person or sent by certified mail, postage prepaid as follows:
As to the City:
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 334104698
Attention: Contract Administrator Copy to: City Manager
As to the Contractor:
Waste Management Inc. of Florida
2700 NW 48Ih Street
Pompano Beach, Florida 33073
Attention: Market Area Vice President
Notices shall be effkctive when received at the address as specified above. Changes in the respective address to
which such notice is to be directed may be made from time to time by written notice. Facsimile transmission is
acceptable notice efftctive when received; however, facsimile transmissions received (ie., printed) after 5:OO
p.m or on weekends or holidays will be deemed received on the next business day. Additionally, the original
of the notice must be mailed as required herein.
28. DEFAULT OF CONTRACT:
A. The City may cancel this Agreenlent, except as otherwise provided below in this Section, by giving
the Contractor thirty (30) days' advance written notice, to be served as hereafler provided, upon the
happening of any one of the following events, which will be deemed to be a material breach of
contract:
1. The Contractor shall take the benefit of any present or future insolvency statute, or shall make a
general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a
petition or answer seeking an arrangement for its reorganization or the re-adjustment of its
31
indebtedness under the Federal bankruptcy laws or under any other law or statute of the United
States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all
or substantially all of its property; or
2. By order or decree of a Court, the Contractor shall be adjudged bankrupt or an order shall be
made approving a petition filed by any of its creditors or by any of the stockholders of the
Contractor, seeking its reorganization or the readjustment of its indebtedness under the Federal
banlauptcy laws or under any law or statute of the United States or of any state thereof, provided
that if any such judgment or order is stayed or vacated within sixty (60) days after the entry
thereof, any notice of cancellation shall be and become null, void, and of no effect; unless such
stayed judgment or order is reinstated, in which case said default shall be deemed immediate; or
3. By or pursuant to or under authority of any legislative act, resolution or rule, or any order or
decree of any Court or governmental board, agency, or officer having jurisdiction, a receiver,
trustee, or liquidator shall take possession or control of all or substantially all of the property of
the Contractor, and such possession or control shall continue in effect for a period of sixty (60)
days; or
4. The Contractor has defaulted, by failing or rehsing to perform or observe the terms, conditions,
or covenants in this Agreement or any of the rules and regulations promulgated by the City
pursuant thereto, or has wrongfully failed or rebed to comply with the instructions of the
Contract Adnunistrator relative thereto, whether such default is considered minor or major, and
said default is not cured within thirty (30) days of receipt of Written notice by the City to do so, or
if by reason of the nature of such default, the same cannot be remedied within thuty (30) days
following receipt by the Contractor of written demand from the City to do so, the Contractor fails
to commence the remedy of such default within said thuty (30) days following such written
notice or having so commenced shall fail thereafter to continue with diligence the curing thereof
(with the Contractor having the burden of proof to demonstrate [a] that the default cannot be
cured within thirty [30] days, and [b] that it is proceeding with diligence to cure said default, and
such default will be cured within a reasonable period of time).
B. However, notwithstanding anything contained herein to the contrary, for the failure of the Contractor
to provide collection service for a period of five (5) consecutive scheduled working days, the City may
secure the Contractor's billing records (at the request of the City, the Contractor shall provide such
records) on the sixth (6') working day in order to provide interim contract collection services until
such time as the matter is resolved, and the Contractor is again able to perform pursuant to this
Agreement; provided, however, if the Contractor is unable for any reason or cause to resume
performance at the end of thirty (30) working days, all liability of the City under this Agreement to the
Contractor shall cease, and this Agreement may be deemed immediately terminated by the City.
C. Notwithstanding the foregoing and as supplemental and additional means of termination of this
Agreement under this Section, in the event that the Contractor's record of performance shows that the
Contractor has fiequently, regularly, or repetitively defaulted in the performance of any of the
covenants and conditions required herein to be kept and performed by Contractor, in the opinion of the
City and regardless of whether the Contractor has corrected each individual condition of default, the
Contractor shall be deemed a "habitual violator", shall forfeit the right to any Mer notice or grace
period to correct, and all of said defaults shall be considered cumulative and collectively shall
constitute a condition of irredeemable default. The City shall thereupon issue the Contractor fml
warning citing the circumstances therefore, and any single default by the Contractor of whatever
nature, subsequent to the Occurrence of the last of said cumulative defaults, shall be grounds for
immediate termination of this Agreement. In the event of any such subsequent default, the City may
terminate this Agreement upon the giving of written Final Notice to the Contractor, such cancellation
to be effective upon the fifteenth (15*) consecutive calendar day following the date of Final Notice,
and all contractual fees due hereunder, plus any mid all charges and interest shall be payable to said
date, and Contractor shall have no further rights hereunder. Immediately upon receipt of said Final
Notice, the Contractor shall proceed to cease any fiuther performance under this Agreement.
32
D. In the event of any of the aforesaid events specified in paragraphs A, B, and C above and except as
otherwise provided in said paragraphs, termination shall be effective upon the date specified in the
City's written notice to the Contractor and upon said date this Agreement shall be deemed
imnxdiately terminated and upon such termination all liability of the City under this Agreement to the
Contractor shall cease, and the City shall have the right to call and claim against the performance bond
and shall be to negotiate with other contractors for the operation of the herein specified services.
The Contractor for failure to perform shall reimburse the City all direct and indirect costs of providing
interim collection service in addition to all other remedies the City may have against the Contractor.
29. PUBLlC WELFARE: The City shall have the power to make changes in or to impose new and reasonable
rules and regulations, and terms and conditions on the Contractor under this Agreement relative to the method
of collection and disposal of Garbage, Trash, Bulk Trash, Vegetative Waste, or Recyclable Materials as shall
from time to time be necessary and desirable for the public welfare; provided, however, that any such rules or
regulations, and terms and conditions shall be delivered to and receipted for by the Contractor, or if the
Contractor is a corporation, by an officer thereof. The City shall give the Contractor reasonable notice of any
proposed change and an opportunity to be heard concerning those matters. The method of collection and
disposal of solid waste and recyclables set out herein shall also be liberally construed to include, but not limited
IO, the manner, procedures, operations, and obligations, financial or otherwise, of the Contractor. The
Contractor shall be reasonably and appropriately compensated as determined by negotiation and Agreement
between the City and the Contractor for any additional services or other obligations required of the Contractor
due to any modification in the Agreement under this Section.
30. RIGHT TO REQUIRE PERFORMANCE: The failure of the City at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the City thereafter to enforce the same.
Nor shall waiver by the City of any breach of any provisions hereof be taken or held to be waived of any
succeeding breach of such provisions or as a waiver of any provisions itself.
31. TITLE TO WASTE: The City shall, at all times, hold title and ownership to all Residential Solid Waste,
Vegetative Waste, Trash, Recyclable Material, and all other waste collected by the Contractor pursuant to this
Agreement, and the Contractor shall have no right to take, keep, process, alter, remove or otherwise dispose of
any such materials without specific written authorization from the Contract Administrator. The City shall, at all
times, hold title and ownership to all Commercial Solid Waste, Vegetative Waste, Trash, Recyclable Material,
and all other waste collected by the Contractor pursuant to this Agreement, except for the ownership rights
provided for under Section 4.G.3 Ownership, and the Contractor shall have no right to take, keep, process, alter,
remove, or otherwise dispose of any such materials without specific written authorization 60m the Contract
Adn~strator.
32. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of the State of Florida.
Any and all legal action necessary to enforce the Agreement will be held in Palm Beach County, and the
Agreement will be interpreted according to the laws of Florida. This Agreement shall not be construed against
the party who drafted the same, as all parties to this Agreement have hired legal and business experts to review
the adequacy of the same.
33. COMPLIANCE WITH LAWS: The Contractor shall conduct operations under this Agreement to comply
with all applicable laws, rules, regulations, ordinances, and codes, directives and guidelines whether state,
federal or local.
34. SEVERABILITY: The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the
validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be
deemed severed from the Agreement, and the balance of the Agreement shall be construed and enforced as if
the Agreement did not contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to
the intent of the stricken provision. The provisions of this Section shall not prevent the entire Agreement fiom
being void should a provision which is of the essence of the Agreement be determined to be void.
33
35. ASSIGNMENT AND SUBLETTING: The Contractors may be permitted to assign or sublet this Agreement,
with prior City approval, which may be withheld, only for the provision of portable sanitation services for
Community Services or Special Events as noted in Section 43 and for the collection of large piles or quantities
of vegetation and trash requiting specialized equipment fitted with grappling devices. The subcontractor’s
equipment shall be equipped with signs on both sides identifylng them as subcontractors to the Contractor. All
liability for subcontractors shall be the responsibility of the Contractor. Otherwise, subcontracton will not be
permitted under the terms of this Agreement. No assignment of this Agreement or any right occurring under
this Agreement shall be made in whole or part by the Contractor without the express written consent of the
City, The City shall have full discretion to approve or deny, with or without cause, any proposed assignment or
assignment by the Contractor. Any assignment of this Agreement made by the Contractor without the express
written consent of the City shall be null and void and shall be grounds for the City to declare a default of this
Agreement and immediately terminate this Agreenlent by giving Written notice to the Contractor, and upon the
date of such notice, this Agreement shall be deemed immediately terminated, and upon such termination all
liability of the City under this Agreement to the Contractor shall cease, and the City 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 Contract Service area which is the subject of this Agreement. In the event of any assignment,
assignee shall filly assume all the liabilities of the Contractor.
It is also acknowledged that in the event of any assignment, the City would incur additional costs as a result of
the transition to another contractor. The parties acknowledge that in that instance the Contractor agrees the City
would be entitled to additional costs andlor other damages incurred to mitigate potential mgible or intangible
impacts incurred by the City during the transition period, as mutually agreed to between the parties. This
Agreement is binding upon the parties hereto, their heirs, successors, and assigns.
36. MODIFICATION: This Agreement constitutes the entire contract and understanding between the parties
hereto, and it shall not be considered modified, altered, changed, or mended in any respect unless in Writing and
signed by the parties hereto. Such modification shall be in the form of an amendment executed by both parties.
37. INDEPENDENCE OF AGREEMENT: It is understood and agreed that nothing herein contained is intended
or should be construed as in any way establishing the relationship of co-partners between the parties hereto, or
as constituting the Contractor as the agent, representative, or employee of the City for any purpose whatsoever.
The Contractor is to be and shall remain an independent Contractor with respect to all services performed under
this Agreement.
38. ANNEXATIONS: Adjustments to Service Area boundaries and the rights of the parties to the Agreement due
to municipal annexation or contraction will be as provided by Section 17 1.062, Florida Statutes, as amended, or
its successor.
39. CHANCE OF LAW: The parties understand and agree that the Florida Legislature fiom timc to time has
made comprehensive changes in Solid Waste Management legislation and that these and other changes in law
in the !hue, whether federal, state, or local, which mandate certain actions or programs for counties or
municipalities may require changes or modifications in some of the terms, conditions, or obligations under this
Agreement. Nothing contained in this Agreement shall require any party to perform any act or function
contrary to law.
To the extent that any law effective after the opening and awarding of bids for this Agreement is in conflict
with, or requires changes in, the provisions of Collection Service or exclusive rights set out in this Agreement,
the parties agree to enter into good-faith negotiations for the resolution of any such changes in this Agreement
as a result of change in law.
34
40. OTHER RATE ADJUSTMENTS: The City will strictly enforce all of the provisions of the Agreement,
including penalty clauses, for any performance quality problems. The Contractor shall not be allowed rate
increases on the basis that the Contractor bid too low or agreed to do the work for a lower bidder's price. Non-
performance of Agreement or a request for a rate increase. either of which are attniuted to the Contractor
accepting the Agreement award at an insufficiently low rate, shall result in cancellation of the Solid Waste and
Recycling Collection Service Agreement between the City and the Contractor. This section shall not be
intcrpreted to apply to annual rate adjustments intended to offset normal increases in the cost of doing business.
41. PUBLIC ENTITY CRIMES: No Contractor may be a person or affiliate identified on the Deparhnent 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 Section 287.133. Florida Statutes, as amended, or its
successor.
42. SUBSTANTIAL COMPLIANCE: The Contractor shall promptly collect all materials disposed of by the
customer, provided the materials are prepared and placed within substantial compliance with the guidelines as
set forth herein. The Contract Administrator shall determine any dispute as to the standards of substantial
compliance.
43. COMMUNITY SERVICE: The Contractor shall provide Containers, placement and collection pull service
each Fiscal Year, at no cost to the City and for all special City functions and sponsored events, including, but
not limited to parades, art shows, carnivals, or other such special events, as deemed appropriate by the Contract
Administrator. Such services shall include both large centralized containers and smaller decentralized
containers for both solid waste and recyclable materials.
44. CONTRACT PREPARATION: Prior to the commencement of the term of this Agreement, the Contractor
shall prepare for the collection services in the Service Area in a responsible manner, and at a minimum, shall
adhere to the requirements as set out in Exhibit VII. In the event the Contractor fails to meet the deadlines of
any one of the tasks outlined in Exhibit VII, the City has the right to fie and collect $10,OOO.00 for each task
deadline missed. Appeal of any fines pursuant to this Section is provided elsewhere in this Agreement. The
Contractor shall pay fines levied by the City within thirty (30) day of receipt of an invoice for the fies. Failure
to meet the deadline of more than two (2) tasks may result in the City declaring a default of the Agreement.
Failure to meet the deadline of more than two (2) tasks may lead to the loss of the right to provide solid waste
collection and recycling services pursuant to the Agreement for the Service Area.
45. FISCAL FLJNDING: The terms of this Agreement as provided for herein shall remain unchanged provided
that the City annually approves an appropriation for Solid Waste and Recycling Collection Services.
46. The parties hereto acknowledge that all the Exhibits attached to this Agreement are incorporated by reference.
35
In Witness Whereof, The City of Palm Beach Gardens, at a regular meeting thereof, by
action of the City Council authorizing and directing the foregoing be adopted, has caused these
presents to be signed by the Mayor of the City, and the City's seal to be hereunto affixed, and
Waste Management, Inc., has executed this Agreement all as of the day and year first above
written.
City of Palm Beach Gardens
By:
- Chris& P. Ta& City Attomey
Contractor:
Attest:
Waste Management Inc of Florida Inc.
(Seal)
1.
2.
36
I
EXHIBIT1 I
Approved contractor Rate Schedule
Monthly Residential Rates (As of April 1,2006)
RATES WILL ADJUST ON THE ANNIVASARY DATE OF THE CONTRACT EACH YEAR
Commercial Solid Waste and Recycling Collection Rates --
Note: (I) Container Residential customers requiring more than 1 .O collection of Recycling Containers per week will
be charged 75% of the container recycling service rate per month per unit. The Contractor shall provide for a
winen agreement with the customer for this additional service and shall invoice the customer separately in
accordance with the signed agreement.
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container
Collection Service shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection senices for all City-owned, -rented, or -leased
propcrtics at no cost to the City.
(4) Annually, the above collection rates for the current year will be adjusted by 8Oy0 of the Consumr Price
Index (CPI) for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the
same calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for
disposal as charged by the Authority. The calculation for non-conlpacted Garbage and Trash is 134 lbslcubic
yard times the Authority’s tipping fee (%/ton) times I ton/2OOO Ibs = $/cy. Commercial non-
compacted Vegetation is calculated at 275 Ibdcubic yard times the Authority’s tipping fee ($/ton) times 1
tOn/2000 = $/cy. The compacted disposal rate for commercial solid waste or vegetative waste may be
billed at either actual expense or three times the rate for non-compacted solid waste or vegetative rate,
respectively. The Contractor shall include disposal charges on monthly invoices for commercial customers as a
separate line item. Small compactors are to be invoiced at the cubic yard rate in the above table for collection
plus disposal, and large compactors are to be invoiced the “pull” rate in the above table plus actual disposal,
except for residential customers who are charged a unit rate and no disposal.
(6) In the unlikely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator
will determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials.
The Contractor will be responsible for billing Commercial Recycling customers for the Recyclable Materials
disposal fee.
I1
EXHIBIT I
Rolling Out Commercial Universal Container, with 20 or
more feet per direction
Rolling Out Container (and returning it to original
Back Door Service (Residential Curbside Only)*
location) I
RATES DETERMINED BY THE ClTY
(NOT TO BE ADJUSTED DURING TERM OF AGREEMENT)
$1 .OO / Container I Service
(no charge for residential or commercial less than 20 feet per
direction)
$2.70 Container I month I service
Negotiable between the parties
(more than 10 feet per direction)
Solid Waste and Recycling only
Opening (and closing) Doors or Gates
Medical / Handicap is Free
No Charge
I
Locks for Containers I $9.00 (one time)
Unlocking Containers
Charge for Replacements based on cost + 10%
$ 1.35 / month I service
Supplying (and retrofitting) locking mechanism on
Container***
Adding wheels to or changing wheels on Containers
Adding lids to or changing lid(s) on Containers
Moving Container Location Per Customer Request
Changing Out Sizes (above once per year)**
1
Additional Scheduled Pick-ups for solid waste I Same as Applicable Commercial Collection Rates
$55.00
No charge for Contractor-owned Containers
(see rate below for other containers)
No charge for Contractor-owned Containers
(see rate below for other containers)
No Charge for Contractor-owned Containers
$25.00
Residential Container Customers
Additional Unscheduled (not including “on-call”) Pick-
ups for Conunercial and Residential Containerized
.. (NO Disposal Charges)
3 times Applicable Commercial Rates
(No Disposal Charges for Residential)
of impaired accessibility I
Additional unscheduled (not including “on-call”) 3 times Applicable Commercial Rates
Customers
Special Services or Special equipment required because Negotiable wl City Manager
* 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 change is free to the customer.
Determination of necessity of locking mechanisms is based on customer requirements.
** ***
Note: Customer-requested maintenance on non-contractor owned Containers shall be at cost plus 15% on pre-work
authorization signed by the customer.
Pick-ups for Commercial and Residential Container
Customers
Cut tree and canopy removal exceeding limitations on
normal service
I
(No disposal charges for Residential)
$12.00 per cubic yard
EXHIBIT 11
Category Type Generation Factor
(TonsNear)*
Single Family 1.10
I1 Multi-family, 4 or 0.67
less units
111 Mobile Homes 1.10
IV Multi-family, more 0.74
I
Times (x) Garbage Annual Credit
X -
X -
X =
X r;
Tipping Fee per unit - -
Generation Factor Category Type (TonsNear)
I Single Family 0.85
II* Multi-family, 4 or less 0
IV Multi-family, more 0
units
Mobile Homes 0.58 I11
(*) Generation factors estimated based on waste generation studies prepared by the Authority; in the event the actual
disposal exceeds these estimates, the Contractor shall pay the excess disposal fees at no cost or liability to the City
or the customer. The City accepts no responsibility or financial liability for waste generation rates or quantities
produced by City residents during the term of this Agreement or any extension of the Agreement.
Times (x) Annual Credit per
Vegetation unit
Tipping Fee - - X
X
x = x
=
- -
I1
Exhibit I11
Annual Financial Reporting Format
The Contractor shall submit to the City an audited comparative operating cost statement prepared in accordance with
generally accepted accounting standards for each residential and commercial operation within the Service Area.
The Contractor shall disclose all methods of allocation used to distribute costs recognized in the operating cost statement
for the Service Area andlor commercial and residential operations. The disclosure shall be in a narrative form and
include the basis for the allocation method.
The Contractor shall provide a description of the expenses classified as Other Operating Expense and Other General and
Administration.
The Contractor shall submit to the City any adjustments made during the annual audit that have an effect upon the
previously-submitted monthly revenue statements for the twelve (1 2) months of the fiscal Year being audited.
Any allocations made will need to be disclosed in a narrative fomt, along with the basis for those allocations.
Additionally, it is understood that the Contractor shall utilize the accrual basis of accounting for income and expenses.
Although the City reserves the right to audit or review the information supplied, the Contractor is not required to provide
an audit of the accompanying information.
Attached is the required City format for fmncial statement reporting in accordance with this Agreenwnt.
I11
EXHIBIT 111
(Contractor) ,
Statement of Income and Expenses
(Residential or Commercial) Service Area
For (month, year) ended (month, year)
Revenues:
(list by type)
Total Revenue
Operating Expenses:
Depreciation - Vehicles
Disposal fees paid to the Authority
Contract Service Fees paid to the City
Fuel and Oil
Other Operating
Truck Maintenance - Labor $
Truck Maintenance - Parts $
Total Operating Expenses
Labor and Fringe Benefits !$
General and Administrative:
Salaries and Wages
Oficers' Salaries
Other General and Administrative
Total General and Administrative
lncome before Provision for Income Taxes
Provision for lncome Taxes
Net lncome
$
$
"The Accompanying Notes are an lntegral Part of this Statement"
IV
EXHlBIT IV
PERFORMANCE BOND REQUIREMENT
The Annual Performance Bond due to the City From the Contractor is calculated as:
Net Annual Revenues (Gross Annual Revenues Minus Disposal Fees paid to the Solid Waste Authority) multiplied by
fifty percent (50%) = Performance Bond Required.
Performance Bond Requirement
Gross Revenue $4,107,855.46
Net Annual Revenue $2,053,927.68
x 50%
Less Disposal Fees 0
Annual Performance Bond Requirement shall be calculated annually in March by the Contractor and submitted to the
City Contract Administrator by anniversary date each year for the next Contract year.
EXHlBIl V
QUARTERLY FINANCIAL REPORTING FORMAT
The Contractor shall submit to the City within forty-five (45) days of the end of each quarter a revenue statement
prepared in accordance with generally accepted accounting principles individually for each residential and commercial
operation within the Service Area.
The Contractor shall disclose all methods of allocations used to distribute revenues between Service Area commercial
and residential operations. The disclosure shall be in narrative fomi and include the basis for the allocation method.
The required fonnat for Quarterly Financial Statement reporting in accordance with this 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 maintenance,
special service rates, e&.)
Total Revenue s
Disposal Expenses:
Disposal fees paid to the Authority
Net
Contract Service Fees (Net * .OS)
$
"The Accompanying Notes are an Integral Part of this Statement"
VI
EXHIBIT VI
NON-ASSESSED RESIDENTIAL DISPOSAL
COMPENSATION PROCEDURE
The purpose of this exhibit is to establish the procedures and schedule whereby the City will compensate the Contractor
disposal fees for non-assessed residential units.
The City will use generation rates for the four (4) residential categories established by the Solid Waste Authority (SWA),
as shown in Table 11, times the new units listed each month by the City as having received a Certification of Occupancy
(CO) times the number of months remaining in that fiscal year before the unit becomes an assessed unit, times the then
current disposal fee set by the SWA. The attached Table 1 sets the number of months from issuance of a CO until the
unit(s) become assessed for which disposal fees will be paid to the Contractor.
Disposal fees due on units that remain non-assessed units in the folloNing fiscal year after issuance of a CO. Disposal
fees will be paid to the Contractor in the same month of the year as the month of their CO issuance using the formula
described above times the months remaining until the unit becomes an assessed unit. The City will not compensate the
Contractor disposal fees per unit in excess of the amount collected by the City. The formula to be used 1 no. of units x
generation rate for garbage / trash hen vegetation for category of unit + by I2 months x months remaining in the fiscal
year x the SWA per ton disposal fee for garbage / trash or vegetation. Examples of this formula calculation are shown in
Tables 111 a & b.
The City will pay the Contractor disposal fees monthly for new non-assessed residential unit based upon the method
detailed above during the term of the Contract, which expires on March 30,2012.
VI I
October
IS' yr. 12
2"d yr. 0
April
IS' yr. 6
2nd yr. 12
Unit Type
Single Family
Multi-fmil y
(less than 5 units)
Mobile Home
Multi- famil y
(More than 4 units)
Table I
Non-Assessed Residential Unit
Payment Schedule
(Months Until Assessed)
November December January
11 10 9
0 0 12
May June July
5 4 3
12 12 12
February
8
12
August
2
12
Table I1
Solid Waste Authority
Residential Unit Waste Generation Rates
Garbage Trash Vegetation
March
7
12
September
1
12
Total
Tons Per Year Tons-Per Year Tons Per Year
1.10 .85 1.95
.67 .oo .67
1.10 .58 1.68
.74 .oo .74
VI11
Table 111 a
Solid Waste:
Vegetation:
Solid Waste:
Solid Waste:
Vegetation:
Sol id Waste:
Solid Waste:
Vegetation :
Solid Waste:
Example #1 of Calculating Non-Assessed
Residential Unit Disposal Fees
November CO Residential
Units: 74 SF and 8 MF (Cat. 4)
1" Year November - September
74 single family units x 1.10 tons + 12 months x 11 months x $28.00 per ton =
$2.089.26 or $28.23 per unit.
74 single family units x .85 tons f 12 months x 11 months x
$25.00 per ton = $1.441.45 or $19.47 per unit.
8 multi family units x .74 tons f 12 months x 11 months x
$28.00 per ton = $151.94 or $18.99 per unit.
2Dd Year November - No Payment Due
Table 111 b
Example #2 of Calculating Non-Assessed
Residential Unit Disposal Fees
March 2004 CO Residential
Units: 121 SF and 25 MF (Cat. 2)
1" Year March - September
12 1 single family units x 1.10 tons f 12 months x 7 months x
$28.00 per ton = $2.173.96 or $17.96 per unit.
12 1 single family units x .85 tons i 12 months x 7 months x
$25.00 per ton = $1.499.89 or $12.39 per unit.
25 multi-family units x .67 tons f 12 months x 7 months x
$28.00 per ton = $273.58 or $10.94 per unit.
2d Year - Due in March
12 1 single family units x 1.10 tons i 12 months x 12 months x
$28.00 per ton = $3.726.79 or $30.79 per unit.
12 1 single family units x .85 tons f 12 months x 12 months x
$25.00 per ton = $2.57 1.24 or $21.24 per unit.
25 multi-family units x .67 tons f 12 months x 12 months x $28.00
per ton = $468.99 or $1 8.75 per unit.
IX
Exhibit VI1
Collection Preparation and Implementation Plan Requirements
I
Task I Minimum Start Date
Start-up Plan & Schedule@)
0
Provide City confurnation of equipment delivery dates January 25,2006
0 Public Information Plan February 2006
Order equipment (Final award approval takes place on
City Council’s second reading)
January 2006
Submit Container Residential and Commercial Container
Begin curbside routing
Submit curbside routing plans to the City for review & approval
Train drivers on eauinrnent
February 15,2006
January 3 1,2006
February 1,2006
Februarv 1.2006
rehabilitation schedule (repair and paint)
Drivers and supervisors run routes (new employees) March 1,2006
Prepare and mail Disclosure notices to commercial customers w/ March 10,2006
Mailer to all curbside customers on new collection schedule and February 15,2006
copies to the Contract Administrator
set out requirements
schedule and set out requirements
Contract Administrator (CustomerMauler Agreement)
Door hangers on all curbside customer’s door on new collection
Submittal of Special Service “Off Curb” signed Agreement to
Develop and approve procedures required by this contract (City)
February 15,2006
March 15,2006
March 15,2006
idlines
Maximum completion Date
March 2006
January 3 1,2006
February 28,2006
June 31,2006
March 1 2006
March 3 1 2006
March 3 1.2006
March 3 1,2006
March 20,2006
March 15,2006
March 15,2006
March 3 1,2006
March 3 1 2006
(1) Contractor and Contract Administrator to agree on schedule of distribution
(2) The Contractor shall be responsible for all of the public notification requirements specified in the startup plan in this
exhibit.
X
IO500 N. MlLlTARY TRAIL PALM BEACH GARDENS. FLORIDA 33410-4698
February 16,2006
Waste Mana ement, Inc of Florida
2700 NW 48 Street
Pompano Beach, Florida 33073
Attn: John Casagrande
5l
Dear Mr. Casagrande:
Enclosed for your records is one certified copy of Ordinance 2,2006 and ( 1) Original Agreement
for Solid Waste, Recycling and Vegetative Waste Collection Services Franchise between the
City of Palm Beach Gardens and Waste Management.
If you have any questions, please do not hesitate to contact my office (561 ) 799-4 195.
Sincerely, &a
Ray Ellis/
Deputy City Clerk
Enclosure
Date Prepared: October 15, 2007
Resolution 120, 2007
EXHIBIT “B”
CLARIFICATION AND ADDENDUM I TO SOLID WASTE, RECYCLING, AND
VEGETATIVE WASTE SERVICES AGREEMENT
THIS CLARIFICATION AND ADDENDUM I to the Agreement is entered into by and
between the CITY OF PALM BEACH GARDENS (City), a municipal corporation, and Waste
Management, Inc. of Florida (Contractor) this 4;T” day of BeccnOcx_ , 2007.
WHEREAS, on February 16, 2006, the City Council adopted Ordinance 2, 2006
granting a franchise for Solid Waste and Recycling Collection Services to the Contractor; and
WHEREAS, in accordance with Article 36 of the Agreement, the City and the
Contractor are desirous of clarifying and amending the Agreement on the terms and
conditions as more particularly provided for below; and
WHEREAS, both parties agree to the terms and conditions as more particularly
provided for below.
NOW, THEREFORE, the City and the Contractor agree as follows:
1. The above Recitals are true and correct and are incorporated herein by reference.
2. The City will pay the Contractor the amount owed for container residential solid waste
collection services from April 1, 2006, to September 30, 2007, less overcharges for a
total of $297,435.48 which will be paid over a twenty-four (24) month period at
$1 2,393.1 4 per month.
3. The City and Contractor agree to the following amendments to the Agreement and
Exhibit I of the Agreement:
A. Section 2, entitled Definitions, is amended to provide:
M. Container Residential Recycling Collection Service shall mean the collection of
Recyclable Materials by the Contractor from Dwelling Units in the Service Area that
requires the use of Containers for the collection of Recyclable Materials and which
also receive Residential Collection Service for solid waste, and the delivery of those
Recyclable Materials to the Materials Recycling Facility or designated Solid Waste
Authority transfer station. h
N. Container Residential Solid Waste Collection Service shall mean solid waste
collection service of all Dwelling Units whose Garbage, Trash, or Bulk Trash is
collected by means of a central or shared Container and not by means of a
Garbage Can. Vegetative Waste collection service is not provided. Tbbseww
ZZ. Commercial Container Residential Collection Service shall mean Solid
Waste and Recvclina Collection Services provided to multifamilv dwellina units
that are rented or leased to occupants bv the propertv owner or owner’s
representatives and are therefore deemed commercial operations. All units
within a buildina or development shall remain in this customer cateQow if being
converted until complete conversion of the development to individual private
ownership and the Citv approves a change to Container Residential Collection
Service. Collection Service shall include Garbage, Trash, Bulk Trash, and
Recvclina. The Contractor shall invoice these units monthlv as commercial
accounts usina the per-unit rates for Container Residential Collection Service.
These units are exempt from any disposal charaes as are all residential
dwellings.
B. Section 4.D. , entitled Container Residential Solid Waste Collection Services, is
amended to provide:
D. Container Residential Solid Waste Collection Services. The Contractor shall
provide Container Residential Solid Waste Collection Service to all Dwelling Units
in the Service Area that k are suitable to receive such service and request such
service. Normal Container Residential Solid Waste Collection Service, not
including Bulk Trash collection, shall be twice per week. The Contractor and the
residential complex, in accordance with this Agreement, shall determine the size
and location of the Container and frequency of collection. In case of an
unresolved dispute, the Contract Administrator shall resolve such issue. The a ai-container Residential Solid
Waste Collection and once per week for Bulk Trash collection, shall also be
invoiced directly by the Contractor in accordance with the commercial solid waste
collection rates in Exhibit I. The Contractor shall be responsible for the billing and
collection of payments from Container Residential customers for this collection
service. The frequency of collection of Bulk Trash outside the Container shall be
no less than once per week unless otherwise agreed to by the customer and
approved by the Contract Administrator. In the event Bulk Trash contains
Chlorofluorocarbons (CFCs), the Contractor shall collect the Bulk Trash items
separately, in a non-compacting vehicle, and deliver the item, with every attempt
not to release the CFCs into the atmosphere, to the Authority landfill or to a scrap
dealer located in Palm Beach or Martin County. There shall be no weight limit for
any Bulk Trash item.
.. on .. + 0
C. Section 4. I., entitled Method of Payment, is amended to provide:
I. The City or its designee will be responsible for the billing and collection of
payments for Curbside Residential Solid Waste, Curbside Residential Vegetative
Waste, atwj Container Residential Solid Waste, Curbside Residential Recycling
Collection Services. Payments from the City to the Contractor will be done and
paid no later than the tenth (IOth) day of the month following service. The
collection service rate per unit per month shall be as set out in Exhibit I, which
may be modified from time to time but not more frequently than annually,
2
pursuant to the provisions for an Extraordinary Rate Adjustment as provided
herein or as otherwise agreed to by the City. The Contractor shall be responsible
for billing and collection of payments for Commercial Container Residential Solid
Waste and Recycling Collection Services as well as Commercial Solid Waste and
Recycling Collection Service; i-b€xW ..
Commercial Container Residential Collection Services shall be invoiced at the
Container Residential unit rate and Commercial Services at the Commercial rates
set out in Exhibit I. The rates set out in Exhibit I shall be adjusted only as
necessary in subsequent years pursuant to the provisions for an Extraordinary
Rate Adjustment, as provided herein, or as otherwise agreed to by the City. The
Contractor may be asked to bill the City or the customer for all or a part of the
Containers used by the customer for Commercial Recycling Collection
Service, at the rate set out in Exhibit I, as determined by the Contract
Administrator.
..
D. Section 5.B., entitled City’s Obligation, Payments, is amended as follows:
5.B. City’s Obligation, Payments:
1. The City will be responsible for payments for those units included in the
City’s mandatory Curbside Residential Solid Waste and Vegetative Waste
Collection Services and the Curbside Residential Recycling Collection
Services as well as Container Residential Solid Waste and Recvcling
Collection Services. pwgfams . The City shall make monthly payments in
arrears to the Contractor for curbside residential collection pursuant to this
Agreement. The Contractor shall be entitled to payment for the collection
services specified here irrespective of whether or not the City collects from
customers for such services. Payments from the City to the Contractor will be
due and paid no later than the tenth (IOth) day of the month following the
month during which services were rendered.
On or before April 1, and before commencement of work by the Contractor
under the terms of this Agreement, the City or designee shall provide to the
Contractor the estimated total number of units to be serviced including
container residential units. By November 1 of each Fiscal Year, the City or its
designee shall provide to the Contractor a copy of the annual tax roll providing
a listing of all the units to receive these services. Thereafter and for the
duration of this Agreement’ the City or designee shall notify the Contractor
monthly of new residential units to be served and/or deleted and payments will
be adjusted accordingly. New Dwelling Units, which are added for collection
service during the City’s Fiscal Year, are added for collection service during
the City’s Fiscal Year, will be added to the customer service list, and payment
for said services will be paid by the City to the Contractor in the Contractor‘s
monthly payment. Payment will commence the first day of the month following
the issuance of a certificate of occupancy (“CO”). The payments from the City
to the Contractor for units added by CO are paid no later than the tenth (IOth)
day of the month. After the first year of the Agreement, the Dwelling Unit
becomes part of the total number of the subsequent year‘s total number of
units, provided annually to the Contractor on or before October 1.
3
Reconciliation will occur every year in January based solely on units listed in
the tax roll plus units issued COS since January of the previous year. The
Contractor is responsible for the billing and collection for collection services
provided to Commercial 6Container FResidential Collection customers.
E. Revised Exhibit I, entitled Approved Contractor Rate Schedule, is hereby adopted:
Exhibit I
Approved Contractor Rate Schedule
Monthly Residential Rates (Revised as of April I, 2006)
RATES WILL ADJUST ON THE ANNIVERSARY DATE OF THE CONTRACT EACH YEAR
Commercial Solid Waste and Recycling Collection Rates
Note: (1) Container Residential customers requiring more thanl.O collection of Recycling Containers per week will be charged
75% of the container recycling service rate per month per unit. The Contractor shall provide for a written agreement
with the customer for this additional service and shall invoice the customer separately in accordance with the signed
agreement
(2) Commercial Solid Waste Collection Rate for commercial customers receiving Universal Container Collection Service
shall be the same as the Residential Solid Waste Collection Rate above.
(3) The Contractor shall provide containers and collection services for all City owned, rented or leased properties at no
cost to the City.
(4) Annually the above collection rates for the current year will be adjusted by 80% of the Consumer Price Index (CPI)
for the West Palm Beach urban area as of July 1 to become effective April 1 of each year.
(5) The City will determine the commercial disposal fee rates ($/cubic yard) each Fiscal Year based on the same
calculation utilized by the Solid Waste Authority of Palm Beach County (Authority) tipping fee for disposal as charged by
the Authority. The calculation for non-compacted Garbage and Trash is 134lbdcubic yard times the Authonty's tipping
fee ($/ton) times 1 ton / 20001bs. $/cy. Commercial non-compacted Vegetation is calculated at 275
lbslcubic yard times the Authority's tipping fee ($/ton) times 1 ton/2000 = $/cy. The compacted disposal rate for
commercial solid waste or vegetative waste may be billed at either actual expense or three times the rate for non-
compacted solid waste or vegetative rate, respectively. The Contractor shall include disposal charges on monthly
invoices for commercial customers as a separate line item. Small compactors are to be invoiced at the cubic yard rate
4
in the above table for collection plus disposal and large compactors are to be invoiced the "pull" rate in the above table
plus actual disposal, except for residential customers who are charged a unit rate and no disposal.
(6) In the unlikely event the Authority charges a tipping fee for Recyclable Material, the Contract Administrator will
determine the conversion factor and calculate the factor times the tipping fee for Recyclable Materials. The Contractor
will be responsible for billing Commercial Recycling customers for the Recyclable Materials disposal fee.
4. To the extent not specifically amended herein, all other provisions of the Agreement
dated February 16, 2006, shall remain in full force and effect.
5. The Contractor agrees to comply and abide by all federal, state, and local laws, rules,
regulations, ordinances, guidelines, and directives relating or pertaining to any of its
duties and responsibilities arising from this Agreement.
6. This Agreement shall not be construed against the party who drafted the same as all
parties to this Agreement have hired legal and business experts to review the
adequacy of the same.
7. This Agreement is binding on the parties hereto and their successors and assigns.
(The remainder of this page left intentionally blank)
5
IN WITNESS WHEREOF, the parties hereto have duly executed this Addendum I to
the Agreement.
ATTEST:
By:
Patricia Snider, CMC, CI Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY /
By:
Christine P. Tatum, Cify Attorney
WASTE MANAGEMENT, INC. OF FLORIDA
(SEAL)
WITNESSES:
By: LA* Ve
Printed Name: ,,La-
Printed Name:
G:\attorney-shareMGREEMENTSMDDENDUMI WasteManagement clean.doc
6
Date Prepared: October 15, 2007
Resolution 120, 2007
EXHIBIT “C”
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SUBJECT: Preliminary Waste Management Proposal
DATE: October 15,2007
Mission: To reduce the City of Palm Beach Garden's impact on the environment while
providing leadership in the community and encouraging staff, residents and businesses to join
in this initiative.
A. Recvclinn Container Costs: estimate of $20,596.68
1. Recycling Container Sites estimated at seventeen (17) locations, necessitating a
tentative number of containers equal to fifty-nine (59).
2. Additionally, per our City Code, dumpster enclosures are needed to house recycling
dumpsters in high-traffic park area. There are exactly two (2) sites where these fence-
like enclosures are required, estimated at $9,OO0.00
3. It is necessary to allocate some of the proposed funding for receptacle retrofits and
labeling. This is estimated at a cost of Sl,SOO.OO
4. Facility Composite: Please see attached (Exhibit "A").
8. Printinn and Educational Materials Cost: estimate of $6,5oO.OO
1. Printed materials and supplies are necessary to properly educate the public about the
"Going Green in the Gardens" campaign. This includes printed materials that exhibit
the correct disposal of recyclables, including items such as posters, stickers and other
communication resources.
C. ProDosal Estimated Total Cost: $37,596.68
1. To further the City of Palm Beach Gardens "Going Green" campaign, in partnership with
Waste Management, we respectfully request Waste Management consider the amount
stated above.
7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
Exhibit A
Municipal Complex/Veterans Plaza
Burns Road Recreational Center/ Aquatic Complex
City Park (across from Tennis Center)
Gardens Park
Lake Catherine Park
Lake Catherine Sportsplex
Lakeside Community Center
Lilac Park
Mirasol Park
Oak Park
Plant Drive Park
PGA National Park
Sand Hill Crane Access Park
Tennis Center
Thompson River Linear Park
Municipal Golf Course Clubhouse
Lobby/Lounge Areas - Various City Buildings
Course
Unit Type tofunits UnltCost TWl
A 2 312.78 625.56
A
A
A
A
A
A
A
A
A
A
A
A
A
A
A
B
C
4
1
3
2
3
1
2
2
1
3
5
1
2
1
2
18
6
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
312.78
519.75
48.98
1,251.12
312.78
938.34
625.56
938.34
312.78
625.56
625.56
312.78
938.34
1,563.90
312.78
625.56
312.78
625.56
9,355.50
293.88
Dumpster Enclosures - Fencing w/green slats
Parks Bldg. and PGA Park
Receptacle Retrofits/Labeling
PrintinglEducational Materials
Type A Grainger 55% Discount
Type C Graingei 33% Discount
TotalUnits 59 Sub total $ 20,596.68
2 4,500.00 9,OOO.OO
1,500.00
6,500.00
Total $37,596.68
Type B Kilpatrick Turf 10% Discount