2015-16 AMENDMENT TO DISPOSAL AGREEMENT
This Amendment to Disposal Agreement("Amendment") is entered into this 214
day of YrekrcV1 , 2015 to be effective as of March 1, 2015 (the "Effective
Date"), by and between Groveland Transfer& Recycling, Inc. ("Company"), a Florida
corporation with an address at 109 Sampey Road, Groveland, Florida, and City of
Clermont, Florida ("Customer") a Florida municipality with its principal address at 685
West Montrose Street, Clermont, Florida 34712.
WITNESSETH:
WHEREAS, Company and Customer entered into that certain Disposal
Agreement with an effective date of May 1, 2014 (the"Agreement");
WHEREAS, all capitalized terms not defined herein shall have the meanings
ascribed to such terms in the Agreement; and
WHEREAS, the parties mutually desires to amend the terms of the Agreement as
further described herein.
NOW, THEREFORE, for the promises contained herein and other good and
valuable consideration the receipt and sufficiency of which consideration is hereby
acknowledged,the parties hereto hereby agree as follows:
1. Disposal/Disposal Fees/Rebates/Increases. Section 2 of the Agreement is
hereby deleted in its entirety and replaced with the following:
During the term of this Agreement, subject to any limitations imposed by
Authorizations and applicable law, regulation or otherwise, Company will
accept for disposal Acceptable Waste delivered by Customer or any
subcontractor engaged by Customer to the Transfer Station, and Customer
shall deliver to the Transfer Station, all Acceptable Waste generated by
residents within the jurisdiction of the City of Clermont, including, but not
limited to, all single-stream recyclables collected within the City by the
City or its subcontractor or agent. Customer shall pay to the Company a
disposal rate of$30.45 per ton for each ton of Acceptable Waste delivered
to the Transfer Station; provided, however, Customer shall not be charged
for the delivery of any single-stream recyclable materials. Due to market
variances in the value of recyclable materials, Customer and Company
may negotiate the possibility of a future rebate to be paid to Customer
based on the Customer's recyclables and Company shall only be obligated
to pay such a rebate in the event of a mutually written agreement. If
Company provides disposal services outside of its regular business hours
or any additional services, including the disposal of any Special Waste,
Company may adjust the disposal fee to compensate Company for the
1
additional costs in providing such disposal. Contamination by other
materials may result in the imposition of additional fees. Contamination
will be determined by the Company in its reasonable discretion and to the
extent it renders the material not Acceptable Waste, shall be subject to the
provisions of Section 6 of this Agreement. The disposal rate set out in this
section 2 is net of all applicable taxes, and government fees or charges
levied against the Company in respect of the receipt of Acceptable Waste
for disposal at the Transfer Station, and Customer will pay all such taxes,
fees and charges to Company in addition to the applicable disposal rate.
Company shall have the right, in its sole discretion, to increase the
disposal rate on each anniversary of this Agreement by the lesser of(i) the
Consumer Price Index (All Items) for the Southeast Region as published
by the Bureau of Labor Statistics 90 days preceding the rate increase or
(ii) two percent (2%). The parties acknowledge and agree that the cost of
fuel fluctuates and that Company shall have the right, in its sole discretion,
to add a fuel surcharge to any invoice for changes in the cost of diesel fuel.
Fuel surcharges will be calculated on a six-month basis and added on the
invoice in addition to the initial rate contained herein based on the price of
diesel fuel as established by the Energy Information Administration of the
Department of Energy for the Lower Atlantic Region. A fuel surcharge
shall be implemented for any given six-month period of this Agreement,
beginning on May 1 or November 1, when the average price of diesel fuel
during the previous six-month period exceeded $4.25 per gallon in
accordance with the fuel surcharge matrix attached hereto as Exhibit A,
and such fuel surcharge will be calculated as a percentage of the then-
applicable rate. The fuel surcharge will be implemented on a bi-annual
basis on May 1 and November 1 based on taking the average price of
diesel fuel published during each week of the previous six-month period."
2. Reaffirmation. The parties hereby reaffirm their agreement with all the
terms and provisions of the Agreement as amended by this Amendment.
3. Entire Agreement. The Agreement and the Amendment represent the
entire agreement among the parties with respect to the matters that are the subject hereof,
and supersedes any and all prior agreements, arrangements, or understandings between
the parties or their counsel relating to the subject matter herein. In the event that there are
any conflicts between the Agreement and this Amendment, the terms and conditions of
this Amendment shall control.
4. Counterparts: Facsimile Signatures. The Amendment may be executed in
counterparts, each of which shall be deemed an original, but all of which shall
collectively constitute one and the same instrument representing this Amendment
between the parties hereto, and it shall not be necessary for the proof of this Amendment
that any party produce or account for more than one such counterpart. Facsimile
signatures shall be given the same force and effect as original signatures and shall be
treated for all purposes and intents as original signatures.
2
P
IN WITNESS WHEREOF, the undersigned have executed this Amendment as
of the date first written above.
Company: Customer:
Groveland Transfer& Recycling,Inc. City of Clermont,Florida
37.-- L.-,
By.
Gv�
do.) 404
Name: Dean DiValerio Name: Gail Ash
Title: Vice President Title: Mayor
3
March 13, 2017
City of Clermont
685`W. Montrose St.
Clermont, FL 34712
Dear Mr. Gray, -
Groveland Transfer & Recycling, Inc. is implementing a price increase in
accordance with terms and conditions outlined in the Amendment to Disposal
Agreement accepted March 24, 2015.
The annual average percent change in the Consumer Price Index for the
preceding 12 month period ending November 30, 2016 is 1.6%. I have attached
the CPI for All Urban C'onsumers'All Items, South Region, for your reference.
The new disposal rate effective 05/01/17 is $30.94 per ton.
We look forward to our continued relationship as we strive to provide the best
customer service. Should you have any questions, please contact me at 407-
261-5004.
z,
.-fitian you,
' \ ,.__
k___ C___________—,
Roberto Gonzalez
DistrictManager Groveland Transfer& Recycling
,
Kristy Damon
Assistant Controller, Central Florida
cc: Jennifer Marshall, Controller, Central Florida
Table 4, Consumer Price Index for All Urban Consumers (CPI-U): Selected areas,all items Index,January 2017
[1982-84=100, unless otherwise noted]
PricingPercent change to Jan.2017 from: Percent change to Dec.2016 from:
Area Schedule' Jan. Nov. Dec. Dec. Oct. Nov.
2016 2016 2016 2015 2016 2016
U.S.city average M 2.5 0.6 0.6 2.1 -0.1 0.0
Region and area size2
Northeast urban M 2.5 0.6 0.6 1.9 -0.1 0.0
Size A-More than 1,500.000 M 2.5 0.6 0.6 1.9 0.0 0.0
Size BIC-60,000 to 1,600,000$ M 2.6 0.7 0.7 1.8 -0.3 0.0
Midwest urban M 2.2 0.7 0.7 1.8 -0.2 0.1
Size A-More than 1,500,000 M 2.2 0.7 0.6 1.9 -0.2 0.0
Size BIC-50,000 to 1,500,000' M 2.4 0.8 0.7 1.7 -0.4 0.1
Size D-Nonmetropolitan(Jess than 60,000)" M 2.0 0.B 0.6 1.6 -0.3 0.2
South urban. M 2.8 0.6 0.5 2.0 -0.1 0.1
Size A-More than 1,500,000 M 2.6 0.4 0.4 2.2 0.1 0,0
Size B/C-50,000 to 1,500,0003 M 2.8 0.8 0.7 2.0 -0.1 0.1
Size D-Nonmetropolitan(less than 50,000)' M 1.7 0.2 0.3 1.2 -0.4 -0.1
West urban M 2.5 0.5 0.6 2.5 -0.2 0.0
Size A-More than 1,500,000 M 2.8 0.7 0.6 2.7 -0.1 0.1
Size B/C-60,000 to 1,600,0006 M 1.8 0.3 0.4 1,8 -0.3 -0.1
Size classes
A6 M 2.5 0.6 0.6 2.2 -0.1 0.0 •
B/C' M 2.5 0.7 0.7 1.9 -02 0.1
D4 M 2.2 0.4 0,4 1.9 -02 0.0
Selected local areas°
Chicago-Clary-Kenosha,IL-IN-WI M 1.8 0.5 0.7 1.9 0.0 -0.2
Los Angeles-Riverside-Orange County,CA7 M 2.1 0.9 0.9 2.0 -0.4 0.0
New York-Northem N.J.-Long Island,NY-NJ-CT-PA. M 2.5 0.6 0.6 2.1 0.3 0.1
Boston-Brockton-Nashua.MA-NH-ME-CT 1 3.0 1.2
Cleveland-Akron,OW 1 1.6 0,7
Dallas-Fort Worth,TX 1 2.7 0.4
WashIngton-Baltimore,DC-MD-VA-WV°'° 1 1.7 02
Atlanta,GA. 2 2.6 -0.4
Detroit-Ann Arbor-Flint,MI 2 2.4 -0.6
Houston-Galveston-Bnazorla,TX. 2 2.3 -02
Miami-Fort Lauderdale,FL 2 2.9 0.8
Philadelphia-Wilmington-Atlantic City,PA-NJ-DE-MD.., 2 1.7 -0.1
San Francisco-Oakland-San Jose,CA. 2 3.6 -0,3
Seattle-Tacoma-Bremerton,WA. 2 2.6 0.0
'Foods,fuels,and several other Items are priced every month In all areas.Most other goody and services are priced as IndICated:M-Every month.
1-January,March,May,July.September,and November.2-February,April,June,August,October,and December.
2 Regions defined as the four Census regions.
'Indexes on a December 1996=100 base.
4 This index will be discontinued after December.2017.
6 Indexes on a December 1986=100 base.
°In addition,the following metropolitan areas are published semlennually end appear In Tables 34 and 39 pf the January and July issues of the CPI
Detailed Report:Anchorage,AK;Cincinnati-Itamliton,OH-KY-IN;Denver-Boulden-Greeley,CO;Honolulu,HI;Kansas City,MO-KS;
Milwaukee-Racine,WI;MTnn.eappolls-St.Paul,MN-WI;Phoenix-Mesa,AZ;Pittsburgh,PA;Portland-Salem,OR-WA;SL Louis,MO-IL;San Diego,CA;
Tampa-SL Petersburg-Clearwater,FL.
7Los Angeles and Riverside will have separate indexes beginning January,2018.The Los Angeles Index will continue to be published monthly.A
Riverside Index will be published for odd months beginning January,2018.
8Indexes on a November 1996=100 base.
s Thls Index will be discontinued after December,2017.Washington DC end Baltimore will have separate Indexes beginning January,2018.A
Washington DC Index will be published for odd months beginning January,2018.A Baltimore Index will be published for even months beginning
February,2018.
NOTE:Local area Indexes are byproducts of the national_CPI program.Each local Index has a smaller sample size than the national Index and Is,
therefore subject to substantially more sampling and other measurement error.As a result,local area indexes show greater volatility than the national
Index,although their long-term trends are similar.Therefore,the Bureau of Labor Statistics strongly urges users to consider adopting the national
average CPI for use In their escalator clauses.
NOTE:Index applies to a month as a whole,not to any specific date.