Okaloosa County BOCC — November 4, 2014 — Amendment 1 signed — reading text

AMENDMENT NO. 1 TO CONTRACT # C03-0898-TDC This AMENDMENT NO. 1 to Contract # C03-0898-TDC by and between the Okaloosa County Board of County Commissioners through its Tourist Development Department (“County”) and Waste Management (“Contractor”) is hereby amended. WHEREAS, pursuant to the terms contained in Contract # CO3-0898-TDC, Waste Management has requested and the County has agreed to a 3% increase to the haul rate and disposal rate effective 7/1/14; and WHEREAS, the County has determined that it is necessary to amend Contract # CO3-0898-TDC to reflect the rate increases in year 2 of the contract. NOW THEREFORE, in consideration of the mutual covenants herein and other good and valuable consideration, the parties hereby agree to amend Contract # CO3-0898-TDC as follows: Monthly haul rate will be increased 3% from $292.31 to $301.08. Monthly disposal rate will be increased 3% from $60.58 to $62.40. This AMENDMENT NO. 1 shall be effective retroactive to July 1, 2014, the start of year 2. All other provisions of Contract # CO3-0898-TDC shall remain in full force and effect. we} IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed on the last date herein written below. OKALOOSA COUNTY WASTE MANAGEMENT By: By: pin ones. bncntick Muh. Title: Purchasing Manager Title: “Torvitvora, Manan gr Date: Date: |O-\b-\“V Fort Walton Beach Hauling WM Agreement # $0005028752 Www ee on. Customer Acct # — 233-62244 © 32458 “ Acct. Name EMERALD COAST TE MANAGEMENT x . A ERENCE was (850) 862-7141 Service Agreement sic SNe CTR Non-Hazardous Waste Salesperson Jean Ann Encardes Service Summary Billing Information Name EMERALD COAST Contact Dave Reavis Effective Date 6/26/2013 CONFERENCE CTR Address 1250 MIRACLE STRIP Telephone # — (850) 609-3800 Last API Date Mon Oct 04 00:00:00 GMT 2010 PKWY SE City State Zip FORT WALTON BEACH, Fax # FL 32548 County/Parish OKALOOSA Email dreavis@co.okaloosa.fl.us ON DEMAND (see details for amounts & charges) Refit Quantity Product/Equipment Waste Type Frequency 1-1 1 34 Yard Compactor MSW Commercial On Call Conditional (as required) Fees & Charges Delivery Charge $0.00 TOTAL INITIAL FEES $ 0.00 qT nota bill A Fuel Surcharge and Environmental Charge calculated as a percentage of the Charge(s), will be included on your invoice. A Regulatory Cost Recovery Charge will not be included on your invoice. Information about these Charges can be found on our website at www.wm.com under billing inquiry. State and Local taxes, if applicable, will also be added to the Charges. A monthly administrative fee of $ 4.00 per invoice will be assessed; this fee can be removed by enrolling in paperless statements and automated payments. If applicable to your account, a Recycle Material Offset (RMO) will appear on your invoice and may vary from month to month based on the recyclable material commodity market conditions. Waste Materials not to exceed an average weight of ( Ibs/yard). The individual signing this agreement on behalf of customer acknowledges that he/she has read and accepts the terms and conditions of this agreement which accompany this service summary sheet and that he/she has the authority to sign on behalf of the customer. Customer Signature Printed Name Date \ trate boasaa ka, onftnne Encacdes [0-6 -14 Cympany Signature Printed Name Date WwW AccUgrs vor, Unnnngs [Arle\vons) to Ton $ | RAE 384, AAO Wane 5a WIV WM Agreement # $0005028752 * WASTE MANAGEMENT . Service Agreement Service Summary Continued Service Location: 1250 MIRACLE STRIP PKWY SE, FORT WALTON BEACH, FL 32548 Name EMERALD COAST Contact Name Doug Ahern Email dahern@co.okaloosa-fl.us CONFERENCE CTR County/Parish OKALOOSA Telephone # 8506093800 Mobile # Customer Comments This serves to outline the Fax # (850) 609-5095 annual price increase effective 7/1/14. This does not negate the Service Agreement.signed 6/26/13. Total Initial Fees For This Location $0.00 Total Recurring Charges For This $ 0.00 Location ROLL OFF SERVICES Quantity Equipment Waste Type Frequency _| Requested Pickup day Attributes Haul Rate __ | Disposal Rate 1-1 1 34 Yard Compactor | MSW Commercial On Call WM Owns: I, No Delivery, $301.08 $ 62.40 Tons Recurring Fees/Charges Container Usage Fee — $ 523.87/Month THE FOLLOWING TERMS AND CONDITIONS APPLY TO SOLID WASTE AND NON-REBATE RECYCLING SERVICES (INCLUDING PERMANENT, TEMPORARY, COMMERCIAL AND RESIDENTIAL) AS MAY BE PROVIDED BY AFFILIATES AND SUBSIDIARIES OF WASTE MANAGEMENT, INC. ("COMPANY") THIS IS A LEGALLY BINDING AGREEMENT. 1. SERVICES RENDERED; WASTE MATERIALS. Customer grants to Company the exclusive right, and Company through itself and its subsidiaries and corporate affiliates, shall furnish equipment and services, to collect and dispose of and/or recycle all of Customer's Waste Materials. Customer represents and warrants that the materials to be collected under this Agreement shall be only "Waste Materials" as defined herein. For purposes of this Agreement, "Waste Materials" means all non-hazardous solid waste, organic waste and Recyclable Materials (as defined in Section 12 below) generated by Customer or at Customer's Service Address. Waste Materials includes Special Waste, such as industrial process wastes, asbestos-containing material, petroleum contaminated soils, treated/de-characterized wastes, and demolition debris, for which Customer shall complete a Special Waste Profile sheet to be approved by Company in writing. Waste Materials excludes, and Customer agrees not to deposit or permit the deposit for collection of: any waste tires, radioactive, volatile, corrosive, flammable, explosive, biomedical, infectious, bio-hazardous, regulated medical or hazardous waste, toxic substance or material, as defined by, characterized or listed under applicable federal, state, or local laws or regulations, any materials containing information protected by federal, state or local privacy and security laws or regulations (unless tendered to Company pursuant to Section 24, below), or Special Waste not approved in writing by Company (collectively, "Excluded Materials"). Title to and liability for Excluded Material shall remain with Customer at all times. Title to Customer's Waste Materials is transferred to Company upon Company's receipt or collection unless otherwise provide this Agreement or applicable law. 2. TERM. The Term of this Agreement is set forth on the Service Summary of this Agreement, Unless otherwise specified on the Service Summary, the Term shall automatically renew for the period set forth therein unless either party gives to the other party written notice (See Section 11(e)) of termination at least ninety (90) days, but not more than one hundred eighty (180) days, prior to the termination of the then-existing term. Notice of termination received at any other time will be considered ineffective and the contract will be considered automatically renewed upon completion of the then-existing term 3. SERVICES GUARANTY; CUSTOMER TERMINATION. If the Company fails to perform the services described within five business days of its receipt of a written demand from Customer (See Section 11(e)), Customer may terminate this Agreement with the payment of all monies due through the termination date. If Company increases the Charges payable by Customer hereunder for reasons other than as set forth in Section 4 below, Customer shall have the right to terminate this Agreement by written notice to the Company no later than thirty (30) days after Company notifies Customer of such increase in Charges in writing. If Customer so notifies Company of its termination of this Agreement, such termination shall be of no force and effect if Company withdraws or removes such increase within fifteen (15) days after Customer provides timely notification of termination. Absent such termination, the increased Charges shall be binding and enforceable against Customer under this Agreement. 4, CHARGES; PAYMENTS; ADJUSTMENTS. Upon receipt of an invoice, Customer shall pay any and all charges, fees and other amounts payable under this Agreement for the services and/or equipment (including repair and maintenance) furnished by Company (""Charges”) . Company reserves the right to increase the Charges payable by Customer during the Term: (a) for any changes to, or differences between, the actual equipment and services provided by Company to Customer and those specified on the Service Summary; (b) for any change in the composition of the Waste Materials or if the average weight per yard of Customer's Waste Materials exceeds the amount specified on the Service Summary; (c) for any increase in or other modification to the Company's Fuel Surcharge, Regulatory Cost Recovery Charge, Recycle Material Offset, Environmental Charge, and/or any Fees/Charges included in the Service Summary; (d) to cover any increases in disposal and/or third party transportation costs, including fuel surcharges; (¢) to cover increased costs due to uncontrollable circumstances, including, without limitation, changes in local, state or federal laws or regulations, imposition of taxes, fees or surcharges or acts of God such as floods, fires, hurricanes and natural disasters; and (f) no more often than annually from the Effective Date (or if specified on the Service Summary, Customer's Last Annual Price Increase ("API") Date) for increases in the Consumer Price Index plus four percent of the then current Charges. Any increase in Charges enumerated in clauses (a) through (e) above may include an amount for Company's operating or profit margin. Company also reserves the right to charge Customer additional fees if the following additional services are provided to Customer: Enclosure Charge. Services on High Demand Days, Pull/Push Out Services, Container Relocation Fee, or Seasonal Restart Fee. In the event Company adjusts the Charges as provided in thi Section 4, the parties agree that this Agreement as so adjusted will continue in full force and effect. Any Customer invoice balance not paid within thirty (30) days of the date of invoice is subject to a late fee, and any Customer check returned for insufficient funds is subject to a Non Sufficient Funds fee, both to the maximum extent allowed by applicable law. Customer acknowledges that any late fee charged by the Company is not to be considered as interest on debt, is not a penalty, and is a reasonable charge for late payment. In the event that payment is not made when due, Company retains the right to suspend service until the past due balance is paid in full. If Company reinstates suspended services after receipt of an outstanding balance, Customer shall pay a reactivation fee. In the event that service is suspended in excess of fifteen (15) days, Company may terminate this Agreement for such default and recover any equipment and all amounts owed hereunder, including liquidated damages under Section 7. 5. CHANGES, Changes in the frequency of collection service, schedule, number, capacity and/or type of equipment, and any changes to amounts payable under this Agreement, may be agreed to orally. in writing, by payment of the invoice or by the actions and practices of the parties. If Customer changes its Service Address during the Term, this Agreement shall remain valid and enforceable with respect to services rendered at Customer's new service location if such location is within Company's service area. 6. EQUIPMENT, ACCESS. All equipment furnished by Company shall remain its property; however, Customer shall have care, custody and control of the equipment and shall be liable for all loss or damage to the equipment and for its contents while at Customer's location. Customer shall not overload, move or alter the equipment and shall use it only for its intended purpose. At the termination of this Agreement, Customer shall return the equipment to Company in the condition in which it was provided, normal wear and tear excepted.