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Item 9AM E M O R A N D U M (June 25, 2008) To: Shana K. Yelverton, City Manager From: Jim Blagg, Assistant City Manager Subject: Item 9A:Approve renewal of the solid waste services contract with Republic Waste Services including proposed amendments. Action Requested: City Council approval of Item 9A:Approve renewal of the solid waste services contract with Republic Waste Services (Republic) including proposed amendments. Background Information: On March 22, 2007, the City of Southlake entered into a contract with Republic Waste Services of Texas, Ltd. for residential and commercial refuse collection. This contract was effective May 1, 2007 and will terminate October 31, 2008. The contract also includes two provisions for renewal: one for eighteen months and a second for five years. Several performance measures are detailed in the contract and include limits on the amount of customer complaints, time to resolve those complaints as well rating an 85% good or excellent response rate on the citizen survey. During the first nine months of the contract, Republic has exceeded all of these performance measures. As the current contract is set to expire in October, staff began negotiating a new contract in May 2008. Throughout those negotiations, Republic submitted a number of reasons for amending the current contract as opposed to renewal under the current terms including: 1. Residential Load and Disposal Expense: Republic initially estimated 32 lbs per collection or 1.66 tons per household per year. The other cities in the area for which Republic provides collection services, such as Mansfield, Arlington, North Richland Hills, and Grand Prairie, all average approximately 25 lbs per collection. Given the differences in the communities, Republic projected Southlake volume to be 28% heavier. Actual disposal volume in Southlake is 42 lbs per collection, or 2.18 tons per household per year, which is 68% heavier than other nearby communities. On 7,900 residential units, this per collection disposal volume variance yields and additional 4,100 tons of residential disposal expense per year or 20 tons each collection day. At $21.50 per ton, the per ton disposal rate, the additional disposal volume results in $86,000 in additional disposal expense each year. 2. Residential Labor Expense: There is a direct relationship between the amount of disposal volume to collect and the labor necessary to complete the collection. As noted above in the Residential Load and Disposal Expense section, Republic is collecting, on average, an additional 20 tons each collection day from Southlake residents. On an annualized basis, residential labor is $131,000 higher than the initial projection. 3. Diesel Fuel Prices: Fuel prices were $2.50 per gallon when Republic commenced service in May 2007. Recent diesel fuel purchases were $4.45 per gallon. Republic uses approximately 100,000 gallons in fuel each year to provide services in Southlake. On a go- forward basis, this represents $195,000 in added fuel expense. 50% of the fuel consumed is used to provide Commercial and Industrial services. At current fuel prices, the fuel cost related to provision of commercial and industrial services is $97,500 more per year, a 78% increase in fuel prices. 4. Other cost items: Other cost items, such operating labor, tires, maintenance parts, utilities, disposal and insurance also increase from year to year. These costs normally increase at rates consistent with a typical CPI index. 2.5- 5%. For example, Republic pays a competitive wage to attract and retain qualified employees. Republic also provides our employees a cost of living and merit adjustment in wage each year. On average, the adjustment is 3%. The amendments proposed with the renewal of the contract with Republic include: 1. Rate scheduled adjustment Oct-08 Oct-09 Oct-10 Oct-11 Oct-12 Commercial 7.5% 8.2% CPI CPI CPI Residential n/a 8.0% CPI CPI CPI Fuel See rate See rate See rate See rate See rate Surchargeschedulescheduleschedulescheduleschedule The table above proposes a 7.5% rate commercial rate adjustment in October 2008 in addition to a fuel surcharge detailed in Exhibit E (explained in detail below). If approved, a 7.5% increase in commercial and industrial rates would adjust the rate schedule in Exhibit A of the contract. See attached for the current Exhibit A as well as the amended Exhibit A. An additional proposed adjustment in October 2009 will increase commercial rates 8.2% and residential rates 8.0%. The fuel surcharge will also be added at this time. The proposed residential rate adjustment of 8.0% would increase residential service a total of $.82 per month. Provisions in the proposed contract allow the parties to negotiate this increase down should Southlake reduce its waste stream thereby reducing the residential load and related expenses for Republic. Measures will be proposed in the coming month to amend the solid waste ordinance to prohibit the bagging of grass clippings and require landscapers to haul off yard waste. Staff will also be working with Republic to promote Southlake’s leaf recycling program. Rates for October 2010 through October 2012 will be adjusted according to the Consumer Price Index (CPI) which shall be no more than a 6% and no less than a 3% adjustment. The CPI represents all goods and services purchased for consumption by the reference population (U or W) BLS has classified all expenditure items into more than 200 categories, arranged into eight major groups. Rates in these years will also be subject to a fuel surcharge. All increases during these years will be capped at 6% total which includes the CPI adjustment plus the applicable fuel surcharge. The average price per gallon for diesel fuel for the period since the previous price adjustment and Exhibit E, a schedule attached to the amended contract, shall be used to determine the applicable fuel surcharge percentage. The fuel prices published by the Department of Energy for the Gulf Coast Region shall be used to determine the average fuel price. In Year 2, commencing October 1, 2009, and every year thereafter, the fuel surcharge percentage shall be the applicable percentage as determined by the schedule less any fuel surcharge percentage which was implemented in prior year(s). For example, if in 2008, commercial rates are subject to a 1.8% fuel surcharge and in 2009, the average fuel cost falls in comparison to the previous year resulting in a fuel surcharge calculation of 1%, the applicable surcharge in 2009 will be .8% or the 2008 surcharge – 2009 surcharge. This will prevent the surcharge from being compounded year to year. 2. Addition of Commercial recycling service Republic will begin offering recycling service to its commercial customers through the use of a six or eight yard container which can be emptied up to four times per week depending on the size of the container. Acceptable materials include cardboard, office paper, newspaper, plastic and aluminum. Republic will also provided recycling service to city facilities free of charge. 3. Contract extension options The proposed amended contract includes two extension options. The first, a five year extension, will be effective in October 2008 with a second five year extension available in October 2013, based on performance. It is important to note that during the negotiation portion leading up to each October rate adjustment (as detailed above), should the parties not come to a resolution, there is a 180 day out clause whereby either party can terminate the contract giving 180 days notice. Financial Considerations: An increase in rates will increase the franchise fees received by the City. The City collects ten percent (10%) of the total monthly dollar amount collected for residential and commercial / industrial billing. Citizen Input/ Board Review: N/A Legal Review: The proposed contract and amendments have been reviewed and approved by the City Attorney. Alternatives: 1. Adopt proposed contract as amended 2. Adopt modified amendments and Republic could give 180 day notice 3. City denies approval of proposed contract, gives 180 day notice and seeks alternative solid waste service provider Supporting Documents: 1. Proposed amended contract for Residential and Commercial Refuse Collection 2. Amended Exhibit A showing October 2008 rates 3. Exhibit E showing fuel surcharge rate schedule Staff Recommendation: Staff recommends approval of Item 9A:Approve renewal of the solid waste services contract with Republic Waste Services (Republic) including proposed amendments. AMENDMENT TOCONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT The CITY OF SOUTHLAKE, a municipal corporation located in Tarrant County, Texas, hereafter called “City”, acting by and through its duly authorized City Manager, and Republic Waste Services of Texas, Ltd. a Texas limited partnership, acting by and through its duly authorized officer, hereinafter called “Contractor”, effective October 1, 2008, do enter into this Amendment to Contract for Residential and Commercial Refuse Collection (the “Amendment”), which amends the Contract for Residential and Commercial Refuse Collection entered into between the parties commencing April 30, 2007 (hereinafter referred to as “Contract”). The Contract was previously amended by letter dated May 6, 2008 (the “Letter Amendment”). Effective as set forth in Section VI herein, the parties amend the Contract as follows: I. Section V “Fees and Rates”, Subsection (a) “Rates” of the Contract is superseded and replaced with the following: Rates: (a) The rates to be charged by Contractor for refuse collection through September 30, 2013, will be those set forth in Exhibit “A” attached to this Amendment, the Rate Sheet, as modified from time to time as set forth herein and incorporated herein for all purposes (“Rates”). The Rates are comprised of Residential Rates and Commercial Rates, as defined herein. These Rates will be binding and considered part of this contract. In addition, commencing October 1, 2008, a Fuel Surchage, in the amount reflected in the Fuel Surcharge Sheet, as shown in Exhibit “E” attached to this Amendment will be added to the Rates to be charged by Contractor for refuse collection. II. Exhibits A-E attached to this Amendment, supersede and replace Exhibits A-D attached to the Contract. Section V “Fees and Rates”, Subsection (b) “Modification of Rates” of the Contract is superseded and replaced with the following: Modification of Rates: (b) Contractor shall maintain such Rates as shown in Exhibit “A” attached hereto until September 30, 2009, as modified by the Fuel Surcharge. From time to time as set forth herein the Residential collection Rates will be adjusted (“Residential Rates”). Likewise, from time to time as forth herein the Commercial collection Rates will be adjusted (“Commercial Rates”). On October 1, 2009 Residential Rates and the Commercial Rates will be calculated as follows: the Commercial Rates will be the Rates shown in Exhibit “A” attached hereto for Commercial Front Load and Commercial Roll off collections increased by 8.2%. On October 1, 2009 the Residential Rates will be the Rates shown in Exhibit “A” attached hereto for residential collections increased by eight percent (8%); unless the average weight per residential household (“Avg Weight”) decreased materially from the prior year. If the Avg Weight decreases materially for the prior year, the total increase to the Residential Rates may be less than eight percent (8%), the amount of actual decrease from eight percent (8%) to be agreed to between the parties based upon the amount of the decrease in the Avg Weight. Annually thereafter, the Residential Rates and Commercial Rates will be increased by the CPI (as defined below); but the increase will be at least three percent (3%) and no more than six percent (6%) for any given year. The CPI will be the CPI for All Urban Consumers (CPI- U, Series ID CUURA316SA0,CUUSA316SA0) for the Dallas-Fort Worth, Texas Area for the previous twelve months according to the most recently published data from the Bureau of Labor Statistics of the U.S. Department of Labor. Each increase of the Rates will be calculated based on the value of the Residential Rates and Commercial Rates at the end of the prior period. In addition, an additional extraordinary increase ("Extraordinary Increase") may be requested by the Contractor. An Extraordinary Increase must be for fees or expenses not already accounted for in the CPI or the Fuel Surcharge, or substantially underrepresented in either, and may only be requested when a future extraordinary fee, expense, law, or, regulation makes the provision of the services by Contractor called for by this Contract not economically feasible for the Contractor. In support of any Extraordinary Increase, Contractor shall furnish evidence as to the need for the Extraordinary Increase to the City Manager, or designee. For any Extraordinary Increase in the Rates, if the City Manager agrees with the increase proposed by Contractor, then the City Manager will recommend acceptance of the Extraordinary Increase to the City Council for its approval, disapproval, or modification. If the City Manager does not agree with the Extraordinary Increase, Contractor and the City Manager, or designee, will attempt in good faith, including non-binding mediation, to agree to an amount of the Extraordinary Increase that the City Manager will recommend to the City Council. If an agreement is reached, City Manager will recommend the agreed upon Extraordinary Increase to the City Council for its approval, disapproval, or modification. If no agreement can be reached, the City Manager will submit the Contractor’s proposed Extraordinary Increase to the City Council for its approval, disapproval, or modification. The parties agree to negotiate in good faith regarding any Extraordinary Increase. III. Section VII “Contractor’s Collection Duties and Responsibilities”, Subsection (c) “Commercial and Industrial Collections” of the Contract is hereby superseded and replaced with the following: Commercial Front Load and Commercial Roll Off Collections. (c) Commercial Container Specifications: (1) Contractor agrees to make commercial containers for storage of garbage, refuse, brush, Construction Debris, and/or debris, as the case may be, available upon request of the owner or occupant of any premises (at such owner’s or occupant’s expense) within the corporate limits of City, excluding single family and two family residences. The commercial containers provided by Contractor shall be (i) equipped with suitable covers to prevent blowing or scattering of refuse while being transported for disposal of their contents, (ii) maintained in good repair, appearance, and in a sanitary condition, and (iii) clearly marked with Contractor’s name and telephone number in letters not less than two (2) inches in height. If collection is from a commercial container, that container should be located on a concrete pad to accommodate collection equipment. Commercial Recycling (2) (a) Contractor agrees to make commercial containers for storage of Recyclable commodities for each commercial premise available upon request of the owner or occupant of any premises (at such owner’s or occupant’s expense) within the corporate limits of the City, excluding single family and two family residences. Said containers will be a minimum of eighteen gallons and have lids for protection of paper materials during weather. (b) Contractor shall collect the recyclable materials at the location and frequency to be mutually agreed upon by Contractor and the commercial customer, provided, however, recycling service shall be at least once per week to maintain the premises free of accumulation of waste and no collections will be made on Sundays. (c) Contractor shall provide the City a recycling report detailing volume collected. (d) Acceptable Materials shall include: Newspaper, office paper, cardboard, plastic containers, and aluminum containers Contractor has right to add or remove materials from the accepted list of materials due to market factors. (e) The Contractor shall be responsible for transporting the recyclable materials to a processing site and must have established buyers or markets for the recyclables. The Contractor may be required to identify the buyers of the recyclables upon request by the City. To the fullest extent possible, recycling materials should be protected against contaminates that require disposal at the landfill. The Contractor shall be totally responsible for the processing and marketing of all recyclable materials collected pursuant to the Contract. (f) If Contractor’s employees determine that the recyclable materials set out by the customer are unacceptable due to the inappropriateness of the materials, Contractor will leave the inappropriate materials in the bin. A sticker shall be attached to the bin explaining the reason the materials were rejected. Contractor will not be required to collect recyclable materials mixed with garbage or rubbish normally collected by solid waste collecting crews. Frequency of Commercial Front Load Collections: (3) Contractor agrees that the frequency of collections shall be as is mutually agreed upon by Contractor and the commercial customer, provided, however, collection service shall be at least once per week to maintain the premises free of accumulation of waste and no collections will be made on Sundays. Contractor shall notify City if the size and number of commercial containers and frequency of pickup at a commercial site are insufficient to avoid an unsightly accumulation of refuse or fire hazards or an accumulation of flies, rodents, scavengers and unnecessary odors. Frequency of Commercial Roll Off Collections: (4) Contractor agrees that the frequency of collection shall be as is mutually agreed upon by Contractor and the Commercial Roll Off customer, provided, however, that Contractor shall notify City if collection service are not scheduled so as to maintain the premises free of accumulation of refuse or fire hazards or an accumulation of flies, rodents, scavengers and unnecessary odors. IV. Section VII “Contractor’s Collection Duties and Responsibilities”, Subsection (d) “City Collections” and Subsection (e) “Special Collections” of the Contract are hereby superseded and replaced with the following: City Collections. (d) (1)The Contractor shall make, at no charge to the City, the collection, transportation, and disposal of waste accumulated by the City at City owned, operated, or other City designated sites up to ten thousand front load container service yards and one hundred twenty (120) 30-yard roll off loads of waste per year (“Annual Limits”). City will provide a list of such sites to Contractor upon execution of this Agreement and thereafter may be updated from time to time. Regular service shall include the free provision, collection, and hauling or dumpsters and/or roll-off containers as requested by the City for special events and ongoing or special projects. In the event that the City’s containers are full and are in need of a special disposal, the Contractor shall accommodate the City when possible. For collection service requirements in excess of these Annual Limits, the City will be charged the then current rates for such service as set forth in Exhibit “A” attached hereto. For purposes of this section, commercial service yards per container shall be calculated using the container size multiplied by the times of collection (for example: 6-yard container X 3 times per week collection X 4.33 weeks per month X 12 months = 935 annual commercial collection yards). Roll off loads shall consist of completed loads of large containers (30-yards) to the Landfill as directed by the City. (2)The Contractor shall also provide, at no charge to the City, recyclable materials collection services at the following City buildings:  Town Hall – 1400 Main Street  Community Services – 400 N. White Chapel  Bob Jones Nature Center – 355 E. Bob Jones Road ( I believe they already do recycling pickup here)  Public Works Operations – 1950 E. Continental Boulevard Department of Public Safety West Facility – 2100 W. Southlake Boulevard  DPS East – temporary location at 1101 N. Carroll until the construction of the DPS Headquarters is completed  DPS Headquarters (will open late 2009) – 667 N. Carroll Boulevard The recyclable collection service shall consist of up to one time per week collection of recyclable materials. Acceptable materials shall include: Newspaper, office paper, cardboard, plastic containers, and aluminum containers. The City shall place the recyclable materials for collection at a location adjacent to the City building(s) agreed to by the parties. The recyclable materials placed for collection shall be contained in a Commercial 6 or 8 yard Front Load container, collection cart or special color plastic bag (blue bag). The Contractor shall transport the collected recyclable materials to a material recovery facility for processing. Special Collections (e) Christmas Tree Recycling (1) . The Contractor will be required to provide mulching service for the City’s annual Christmas tree recycling program at a City designated location once annually. Said mulching will be conducted by the second weekend in January each year. The City may market and advertise that residents can dispose of Christmas Trees at a designated site up to the second weekend in January. At that time, the site will be shut down and the Contractor will mulch all trees. The Contractor will provide the mulching equipment. The City will determine the use of the mulch created from the trees. Storm Debris Management Program (2) . In the event of a major storm, as characterized by property damage in the City, such as downed trees on public or private property, and as determined by the City Manager, the Contractor shall provide, at the City’s request, assistance to residents in the disposal of storm debris. The Contractor agrees to provide sufficient information to substantiate its costs to provide this service and the City and Contractor agree to negotiate in good faith to agree upon the fees to be paid for this service. V. Section X “Term and Review of Performance” of the Contract is superseded and replaced with the following: (a) The initial term of this Contract will be for five years commencing October 1, 2008 and terminating September 30, 2013. Near the end of the five year period, the City Council will undertake a review of the performance of the Contractor based on the performance and quality measures outlined in Section XI of the Contract. If the City Council finds the performance of the Contractor to be acceptable, this Agreement will automatically renew under the same terms and conditions for an additional five year period, terminating September 30, 2018. If the City Council determines that the Contractor’s performance is unacceptable, the City will notify the Contractor of this determination by at least August 1, 2013, and the City and the Contractor will enter into good faith discussions to resolve any problems with the Contractor’s performance. If the Contractor and the City are able to reach agreement regarding the level of Contractor’s performance, and if said steps are implemented by Contractor, this Agreement will renew under the same terms and conditions for an additional five year period. Otherwise, if the parties are unable to come to some agreement, the Agreement will not renew. (b) In the event Contractor desires to not extend this Contract as provided in subsection (a) above, Contractor will notify City of its intent not to renew the Contract within one hundred eighty days (180) of the expiration of the then current contract term. VI. Upon execution and approval by the City Council of this Amendment, the Contract, Except for Section X, will remain in full force and effect through September 30, 2008 and the Letter Agreement will terminate. From the time of execution and approval by the City Council of this Amendment until September 30, 2008, Section X of the Contract is replaced with the following: The initial term of the Contract will terminate on September 30, 2008. The remaining terms of the Contract will remain in full force and effect. After September 30, 2008, any provision in the Contract not specifically amended herein will remain in full force and effect. IN WITNESS HEREOF, the contracting parties, by our duly authorized agents, hereby affix our signatures and seals on this ______day of ________________, 2008. Republic Waste Services of Texas, Ltd. 1212 Harrison Ave. Arlington, Texas 76011 By:_________________________________ Name: _____________________________ Title: ______________________________ City of Southlake, Texas 1400 Main Street Suite 460 Southlake, Texas 76092 By:_________________________________ Name: _____________________________ Title: ______________________________ VERIFICATION STATE OF TEXAS § § COUNTY OF ____________ § BEFORE ME, the undersigned Notary Public, on this day personally ________________________, who being by me duly sworn upon his oath deposed and said that he is the _______________________of ___________________________; that he is authorized to make this affidavit on behalf of _______________________; that he has read the above and foregoing Contract, and that every material statement contained herein is true and correct, to the best of his knowledge and belief. _________________________________________ _________________________________________ SUBSCRIBED AND SWORN TO BEFORE ME this _______ day of _______________, 200__. __________________________________ NOTARY PUBLIC, in and for the State of Texas STATE OF TEXAS § § COUNTY OF ____________ § BEFORE ME, the undersigned Notary Public, on this day personally ________________________, who being by me duly sworn upon his oath deposed and said that he is the _______________________of ___________________________; that he is authorized to make this affidavit on behalf of _______________________; that he has read the above and foregoing Contract, and that every material statement contained herein is true and correct, to the best of his knowledge and belief. _________________________________________ _________________________________________ SUBSCRIBED AND SWORN TO BEFORE ME this _______ day of _______________, 200__. __________________________________ NOTARY PUBLIC, in and for the State of Texas EXHIBIT “A” RATE SHEET Effective 10/01/2008 CONTRACT FOR RESIDENTIAL AND COMMERCIAL REFUSE COLLECTION Between The City of Southlake and Republic Waste Services of Texas, Ltd. Exlcuding Fuel Surcharge (To be assessed based on Fuel Surcharge Exhibit E) RESIDENTIAL RATES Residential Curbside - 2 times per week $ 7.81 (per month) Residential Recycling - 1 time per week $ 2.44 (per month) Total Residential $10.25 (per month) Commercial Hand Load - 2 times per week $20.34 (per month) (4 bag limit per collection) COMMERCIAL FRONT LOAD RATES Frequency of Collection Size 1x week 2x week 3x week 4x week 5x week 6x week Extra 2 YD $ 54.73 $ 86.63 $118.54 $150.47 $180.85 $212.78 $ 27.36 3 YD $ 68.38 $113.99 $161.10 $206.70 $253.82 $299.41 $ 33.43 4 YD $ 83.59 $138.31 $195.23 $249.27 $305.50 $360.22 $ 39.52 6 YD $127.66 $185.42 $258.35 $332.85 $407.33 $480.28 $ 45.59 8 YD $144.38 $237.09 $329.82 $421.01 $513.72 $606.43 $ 53.19 COMMERCIAL FRONT LOAD RECYCLING RATES Frequency of Collection Size 1x week 2x week 3x week 4x week 5x week 6x week Extra 6 YD $55.00 $100.00 NA NA NA NA $ 45.59 8 YD $65.00 $112.00 $155.00 $205.00 NA NA NA Miscellaneous Commercial Charges Containers with casters $ 12.86 (per month) Locks or Gates $ 1.23 (per lift) COMMERCIAL ROLL OFF RATES RENTAL RATE PER SIZE TYPE DELIVERY DEPOSIT PER DAY HAUL 20 YD OPEN $ 94.42 $ 4.28 $340.99 $508.30 30 YD OPEN $ 94.42 $ 4.28 $374.53 $508.30 40 YD OPEN $ 94.42 $ 4.28 $441.61 $508.30 28 YD COMP NEGO NEGO $475.15 NEGO 30 YD COMP NEGO NEGO $475.15 NEGO 35 YD COMP NEGO NEGO $503.10 NEGO 40 YD COMP NEGO NEGO $503.10 NEGO 42 YD COMP NEGO NEGO $503.10 NEGO EXHIBIT “B” MISCELLANEOUS RATE SHEET Southlake, Texas - Miscellaneous Rate Sheet ARLINGTON LANDFILL, 800 Mosier Valley Road, Arlington, TX (Leased and Operated by Republic Waste Services of Texas, Ltd.) GATE RATE SCHEDULE (effective May 1, 2007) Trash Disposal Southlake Residents Vehicle Size Must Show Proof of Residence, Valid Drivers License Required Automobiles, Station Wagons, Pickups (with no sideboards) $8/each Pickups or Automobiles with Trailers attached, Less Than 8 Feet in Length (with no sideboards on pick-up or trailer) $8 for p/u load and $8 for trailer load Pickup and Trailers, Less Than 8 Feet in Length with After Market Sideboards Attached to Truck or Trailer $38/ton $38 Minimum Pickups or Automobiles with Trailers Attached, Greater Than 8 Feet in Length $38/ton $38 Minimum Semi-trailers, Dump Trucks and Trucks Larger Than Pickups $38/ton $38 Minimum Special Item Disposal Tarp Charge for Improperly Tarped Vehicles - State Regulation $10/Vehicle Automobile / Pickup Tires (NO Rims) $4/each - Limit of 4 Large Truck Tires (NO Rims) $9/each - Limit of 4 Large Tires with Rims Not Accepted Agricultural Tires (NO Rims) $150/each - Limit of 2 Livestock $9/each Clean Dirt No Charge Special Handling Charge (rootballs, etc.) $55 per load Brush Processing Grass & Leaves only (Customer to de-bag on site) No Charge Southlake Residents $43/cy $20 Minimum THE FOLLOWING WASTES ARE PROHIBITED FROM DISPOSAL AT ARLINGTON LANDFILL: Lead Acid Batteries, Used Oil Filters, Tires, Liquids, Pesticides, CFC, PCB, Regulated Hazardous Waste Note: Disposal rates set forth above apply to Southlake residential customers only, schedule is not applicable for commercial contractors. Special Collection Charges Brush and/or Bulky Item Pick-up $110.00 per hour, 30-minute minimum Brush Chipping Service $110.00 per hour, 30-minute minimum EXHIBIT “C” PERFORMANCE BOND EXHBIT “D” SURVEY QUESTION The following question will be used in the Citizen’s Survey regarding Trash and Recycling Collection Services: “Since the new contractor began service in May 2007 has your experience with trash and recycling collection been excellent, good, fair or poor”? Exhibit E Amendment Effective October 1, 2008 City of Southlake Solid Waste Services Fuel Surcharge percentage shall be in addition to any rate increase as determined by Section II (b) Modification of Rates. The average price per gallon for diesel fuel for the period since the previous price adjustment and the schedule below shall be used to determine the applicable fuel surcharge percentage. The fuel prices published by the Department of Energy for the Gulf Coast Region shall be used to determine the average fuel price. In Year 2, commencing October 1, 2009, and every year thereafter, the fuel surcharge percentage shall be the applicable percentage as determined from the schedule below less any fuel surcharge percentage which was implemented in prior year(s). See Example for how to apply Fuel Surcharge. Department of Energy Web site: http://tonto.eia.doe.gov/oog/info/wohdp/diesel.asp Fuel Fuel Fuel Cost Per Price % Change Surcharge Gallon Change in Price % $ 4.00 $ - 0.0% 0.0% $ $ 4.01 0.01 0.2% 0.0% $ $ 4.02 0.02 0.5% 0.0% $ $ 4.03 0.03 0.8% 0.1% $ $ 4.04 0.04 1.0% 0.1% $ $ 4.05 0.05 1.3% 0.1% $ $ 4.06 0.06 1.5% 0.1% $ $ 4.07 0.07 1.8% 0.2% $ $ 4.08 0.08 2.0% 0.2% $ $ 4.09 0.09 2.3% 0.2% $ $ 4.10 0.10 2.5% 0.2% $ $ 2.8% 0.3% 4.11 0.11 $ $ 4.12 0.12 3.0% 0.3% $ $ 4.13 0.13 3.3% 0.3% $ $ 4.14 0.14 3.5% 0.3% $ $ 4.15 0.15 3.8% 0.4% $ $ 4.16 0.16 4.0% 0.4% $ $ 4.17 0.17 4.3% 0.4% $ $ 4.18 0.18 4.5% 0.4% $ $ 4.19 0.19 4.8% 0.5% $ $ 4.20 0.20 5.0% 0.5% $ $ 4.21 0.21 5.3% 0.5% $ $ 4.22 0.22 5.5% 0.5% $ $ 4.23 0.23 5.8% 0.6% $ $ 4.24 0.24 6.0% 0.6% $ $ 4.25 0.25 6.3% 0.6% $ $ 4.26 0.26 6.5% 0.7% $ $ 4.27 0.27 6.7% 0.7% $ $ 4.28 0.28 7.0% 0.7% $ $ 4.29 0.29 7.3% 0.7% $ $ 4.30 0.30 7.5% 0.8% $ $ 4.31 0.31 7.7% 0.8% $ $ 4.32 0.32 8.0% 0.8% $ $ 4.33 0.33 8.3% 0.8% $ $ 4.34 0.34 8.5% 0.9% $ $ 4.35 0.35 8.7% 0.9% $ $ 4.36 0.36 9.0% 0.9% $ $ 4.37 0.37 9.3% 0.9% $ $ 4.38 0.38 9.5% 1.0% $ $ 4.39 0.39 9.7% 1.0% $ $ 4.40 0.40 10.0% 1.0% $ $ 4.41 0.41 10.3% 1.0% $ $ 4.42 0.42 10.5% 1.1% $ $ 4.43 0.43 10.8% 1.1% $ $ 4.44 0.44 11.0% 1.1% $ $ 4.45 0.45 11.3% 1.1% $ $ 4.46 0.46 11.5% 1.2% $ $ 4.47 0.47 11.8% 1.2% $ $ 4.48 0.48 12.0% 1.2% $ $ 4.49 0.49 12.3% 1.2% $ $ 4.50 0.50 12.5% 1.3% $ $ 4.51 0.51 12.8% 1.3% $ $ 4.52 0.52 13.0% 1.3% $ $ 4.53 0.53 13.3% 1.3% $ $ 4.54 0.54 13.5% 1.4% $ $ 4.55 0.55 13.8% 1.4% $ $ 4.56 0.56 14.0% 1.4% $ $ 4.57 0.57 14.3% 1.4% $ $ 4.58 0.58 14.5% 1.5% $ $ 4.59 0.59 14.8% 1.5% $ $ 4.60 0.60 15.0% 1.5% $ $ 4.61 0.61 15.3% 1.5% $ $ 4.62 0.62 15.5% 1.6% $ $ 4.63 0.63 15.8% 1.6% $ $ 4.64 0.64 16.0% 1.6% $ $ 4.65 0.65 16.3% 1.6% $ $ 4.66 0.66 16.5% 1.7% $ $ 4.67 0.67 16.8% 1.7% $ $ 4.68 0.68 17.0% 1.7% $ $ 4.69 0.69 17.3% 1.7% $ $ 4.70 0.70 17.5% 1.8% $ $ 4.71 0.71 17.8% 1.8% $ $ 4.72 0.72 18.0% 1.8% $ $ 4.73 0.73 18.3% 1.8% $ $ 4.74 0.74 18.5% 1.8% $ $ 4.75 0.75 18.7% 1.9% $ $ 4.76 0.76 19.0% 1.9% $ $ 4.77 0.77 19.2% 1.9% $ $ 4.78 0.78 19.5% 1.9% $ $ 4.79 0.79 19.7% 2.0% $ $ 4.80 0.80 20.0% 2.0% $ $ 4.81 0.81 20.2% 2.0% $ $ 4.82 0.82 20.5% 2.0% $ $ 4.83 0.83 20.7% 2.1% $ $ 4.84 0.84 21.0% 2.1% $ $ 4.85 0.85 21.2% 2.1% $ $ 4.86 0.86 21.5% 2.1% $ $ 4.87 0.87 21.7% 2.2% $ $ 4.88 0.88 22.0% 2.2% $ $ 4.89 0.89 22.2% 2.2% $ $ 4.90 0.90 22.5% 2.2% $ $ 4.91 0.91 22.7% 2.3% $ $ 4.92 0.92 23.0% 2.3% $ $ 4.93 0.93 23.2% 2.3% $ $ 4.94 0.94 23.5% 2.3% $ $ 4.95 0.95 23.7% 2.4% $ $ 4.96 0.96 24.0% 2.4% $ $ 4.97 0.97 24.2% 2.4% $ $ 4.98 0.98 24.5% 2.4% $ $ 4.99 0.99 24.7% 2.5% $ $ 5.00 1.00 25.0% 2.5% $ $ 5.01 1.01 25.2% 2.5% $ $ 5.02 1.02 25.5% 2.5% $ $ 5.03 1.03 25.7% 2.6% $ $ 5.04 1.04 26.0% 2.6% $ $ 5.05 1.05 26.2% 2.6% $ $ 5.06 1.06 26.5% 2.6% $ $ 5.07 1.07 26.7% 2.7% $ $ 5.08 1.08 27.0% 2.7% $ $ 5.09 1.09 27.2% 2.7% $ $ 5.10 1.10 27.5% 2.7% $ $ 5.11 1.11 27.7% 2.8% $ $ 5.12 1.12 28.0% 2.8% $ $ 5.13 1.13 28.2% 2.8% $ $ 5.14 1.14 28.5% 2.8% $ $ 5.15 1.15 28.7% 2.9% $ $ 5.16 1.16 29.0% 2.9% $ $ 5.17 1.17 29.2% 2.9% $ $ 5.18 1.18 29.5% 2.9% $ $ 5.19 1.19 29.7% 3.0% $ $ 5.20 1.20 30.0% 3.0% $ $ 5.21 1.21 30.2% 3.0% $ $ 5.22 1.22 30.5% 3.0% $ $ 5.23 1.23 30.7% 3.1% $ $ 5.24 1.24 31.0% 3.1% $ $ 5.25 1.25 31.2% 3.1% $ $ 5.26 1.26 31.5% 3.1% $ $ 5.27 1.27 31.7% 3.2% $ $ 5.28 1.28 32.0% 3.2% $ $ 5.29 1.29 32.2% 3.2% $ $ 5.30 1.30 32.5% 3.2% $ $ 5.31 1.31 32.7% 3.3% $ $ 5.32 1.32 33.0% 3.3% $ $ 5.33 1.33 33.2% 3.3% $ $ 5.34 1.34 33.5% 3.3% $ $ 5.35 1.35 33.7% 3.4% $ $ 5.36 1.36 34.0% 3.4% $ $ 5.37 1.37 34.2% 3.4% $ $ 5.38 1.38 34.5% 3.4% $ $ 5.39 1.39 34.7% 3.5% $ $ 5.40 1.40 35.0% 3.5% $ $ 5.41 1.41 35.2% 3.5% $ $ 5.42 1.42 35.5% 3.5% $ $ 5.43 1.43 35.7% 3.6% $ $ 5.44 1.44 36.0% 3.6% $ $ 5.45 1.45 36.2% 3.6% $ $ 5.46 1.46 36.5% 3.6% $ $ 5.47 1.47 36.7% 3.7% $ $ 5.48 1.48 37.0% 3.7% $ $ 5.49 1.49 37.2% 3.7% $ $ 5.50 1.50 37.5% 3.7% $ $ 5.51 1.51 37.7% 3.8% $ $ 5.52 1.52 38.0% 3.8% $ $ 5.53 1.53 38.2% 3.8% $ $ 5.54 1.54 38.5% 3.8% $ $ 5.55 1.55 38.7% 3.9% $ $ 5.56 1.56 39.0% 3.9% $ $ 5.57 1.57 39.2% 3.9% $ $ 5.58 1.58 39.5% 3.9% $ $ 5.59 1.59 39.7% 4.0% $ $ 5.60 1.60 40.0% 4.0% $ $ 5.61 1.61 40.2% 4.0% $ $ 5.62 1.62 40.5% 4.0% $ $ 5.63 1.63 40.7% 4.1% $ $ 5.64 1.64 41.0% 4.1% $ $ 5.65 1.65 41.2% 4.1% $ $ 5.66 1.66 41.5% 4.1% $ $ 5.67 1.67 41.7% 4.2% $ $ 5.68 1.68 42.0% 4.2% $ $ 5.69 1.69 42.2% 4.2% $ $ 5.70 1.70 42.5% 4.2% $ $ 5.71 1.71 42.7% 4.3% $ $ 5.72 1.72 43.0% 4.3% $ $ 5.73 1.73 43.2% 4.3% $ $ 5.74 1.74 43.5% 4.3% $ $ 5.75 1.75 43.7% 4.4% $ $ 5.76 1.76 44.0% 4.4% $ $ 5.77 1.77 44.2% 4.4% $ $ 5.78 1.78 44.5% 4.4% $ $ 5.79 1.79 44.7% 4.5% $ $ 5.80 1.80 45.0% 4.5% $ $ 5.81 1.81 45.2% 4.5% $ $ 5.82 1.82 45.5% 4.5% $ $ 5.83 1.83 45.7% 4.6% $ $ 5.84 1.84 46.0% 4.6% $ $ 5.85 1.85 46.2% 4.6% $ $ 5.86 1.86 46.5% 4.6% $ $ 5.87 1.87 46.7% 4.7% $ $ 5.88 1.88 47.0% 4.7% $ $ 5.89 1.89 47.2% 4.7% $ $ 5.90 1.90 47.5% 4.7% $ $ 5.91 1.91 47.7% 4.8% $ $ 5.92 1.92 48.0% 4.8% $ $ 5.93 1.93 48.2% 4.8% $ $ 5.94 1.94 48.5% 4.8% $ $ 5.95 1.95 48.7% 4.9% $ $ 5.96 1.96 49.0% 4.9% $ $ 5.97 1.97 49.2% 4.9% $ $ 5.98 1.98 49.5% 4.9% $ $ 5.99 1.99 49.7% 5.0% $ $ 6.00 2.00 50.0% 5.0% Exhibit E - Example Fuel Surcharge Calculation Amendment Effective October 1, 2008 City of Southlake Solid Waste Services Base % 10% $ Base PPG 4.00 $ Rate On May 1, 2008 118.76 6 Yd 1x per week CPI on Oct 1, 2008 7.5% $ Fuel Surcharge % 1.0% 4.40 Avg PPG 5/1/08 - 9/30/08 + / - Prior FS % Applied 0.0% 10.0% Fuel PPG Increase Total Rate Increase % 8.5% $ $ $ $ New Rate Effective Oct 1 2008 128.85 8.91 1.19 128.85 $ Rate On October 1, 2008 128.85 CPI on Oct 1, 2009 8.2% $ Fuel Surcharge % 1.5% 4.60 Avg PPG 5/1/08 - 9/30/08 + / - Prior FS % Applied -1.0% 15.0% Fuel PPG Increase Total Rate Increase % 8.7% $ New Rate Effective Oct 1, 2009 140.06 $ Rate On October 1, 2009 140.06 CPI on Oct 1, 2010 3.0% $ Fuel Surcharge % 1.9% 4.75 Avg PPG 5/1/08 - 9/30/08 + / - Prior FS % Applied -1.5% 18.8% Fuel PPG Increase Total Rate Increase % 3.4% $ New Rate Effective Oct 1, 2010 144.79 $ Rate On October 1, 2010 144.79 CPI on Oct 1, 2011 3.0% $ Fuel Surcharge % 2.5% 5.00 Avg PPG 5/1/08 - 9/30/08 + / - Prior FS % Applied -1.9% 25.0% Fuel PPG Increase Total Rate Increase % 3.6% $ New Rate Effective Oct 1, 2011 150.04 $ Rate On October 1, 2011 150.04 CPI on Oct 1, 2012 3.0% $ Fuel Surcharge % 3.1% 5.25 Avg PPG 5/1/08 - 9/30/08 + / - Prior FS % Applied -2.5% 31.3% Fuel PPG Increase Total Rate Increase % 3.6% $ New Rate Effective Oct 1, 2012 155.48