MEXICOBEACH CITY COUNICL: REGUALR MEETING TUESDAY, MARCH 26, 2024, AT 6:00 P.M. PUBLIC' WORKS BUILDING Mayor, Michele Miller  Councilman, Jerry Smith Councilman, Linda Hamilton Clint McCahill, City Attorney  Councilman, Adrian Welle Councilman, Richard Wolff Tammy Brunson, City Clerk  Chris Hubbard, City Administrator  This meeting willl bel lives streamed ont the City ofl Mexico Beach Government. Facebook page. Ifyoul have: any questions or comments on the agenda, please email them up to2 hours prior to meeting at ciy@mexicobeachfl, gov  I. II.  CALLTOORDER INVOCATION III. PLEDGE OF ALLEGIANCE IV. ROLLCALL V. SCHEDULED APPEARANCE  1. Kelly Simpson ACI Disaster - 932 15" Street  VI. ORDINANCES  1. Ordinance 835- - Incorporating Compactors and Rates- - First Reading- - City Administrator AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE 686, ESTABLISHING A SANITATION SERVICE: INCORPORATING COMPACTORS AND RATES FOR THEIR USE; INCORPORATING RATES FOR EXCESSIVE REFUSE AT RESIDENTIAL PROPERTIES; PROVIDING FOR CODIFICTION; REPEALING ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND. ANI IMMEDIATE EFFECTIVE  DATE.  a. Motion to Read Ordinance 835 (By Title Only)  b. Open Public Discussion Close Public Discussion d. Discussion    2. Ordinance 836- Amend Ordinance 818 Adjusting Current Sanitation Rates- First Reading AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCENO.SIS. ADJUSTINGTHECURRENTRATESTOBECHARGEDFOR THE USE OF THE MUNICIPAL SANITATION SYSTEM, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND  City Administrator  PROVIDING FOR ANI EFFICTIVE DATE.  a. Motion tol Read Ordinance 836 (By Title Only) b. Open Public Discussion Close Public Discussion d. Discussion  VII. OTHER BUSINESS  . Consideration to allow Crazy WaveRunner Rentals to rent space on City Property - City  Administrator  a. Open Public) Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny  2. Discussion regarding Food Trucks Councilwoman Hamilton  3. Consideration of Waste Management contract for Mexico Beach Crossings - City  Administrator  a. Open Public Discussion b. Close Public Discussion Discussion d. Motion to Approve/Deny Open Public Discussion Close Public Discussion Discussion Motion to Approve/Deny a. Open Public Discussion Close Public Discussion Discussion Motion to Approve/Deny  4. Mutual Aid Agreement with Overstreet Volunteer Fire Department - City Administrator  5. Approval of thej purchase of Flag Poles for City Parks- City Administrator  6. Internal Control Flow Charts City Administrator 8. Project List Update - City Administrator  7. Setting a' Time oft the City'sArbor Day Proclamation on April 26th- City Administrator    VIII. CITZENSCOMMENIS  1. Speaker must come to thej podium and state name and city ofresidence.  2. Comments are limited to 3minutes.  IX. MAYOR COMMENTS COUNCIL COMMENTS XI. STAFF COMMENTS 1. City Attorney 2. City Administrator XII. ADJOURNMENT  X.  Emailed toi interested parties andj posted ont the city website on: 03/20/2024  Note: Copies ofthe Agenda items are posted ont the City's Website mexicobeachfl. gov This meeting will ber recorded ont the website. *You: arel hereby notifiedt that ina accordance with) Florida Statutes, youh have right to appeal any decision made by the Council with respect toa any matter considered. You may need to ensure that verbatimr record ofthe proceedings is made which may need to include evidence: and testimony upon which the: appeali is based. Any person requiring: a special: accommodation att this meeting because ofa disability orp physical impairment should contact Tammy Brunson, City Clerk, at2 201 Paradise Path, Mexicol Beach, Florida 32456; or by phone (850) 648-5700at least five calendar days prior to the meeting. Ifyou are hearing or speech impaired, and you possess TDD equipment, your may contact the  City Clerk using the Florida Dual Party Relay System, which can ber reached at -800-955-8770(TDD    MEXICOBEACH LOPA  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: March 26, 2024 Department: City Council Publicl Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Agenda Regular Closed Session  RESENTERINPORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Ordinance 835, Amending Ordinance 686, Incorporating Compactor Use and Excessive Garbage Fees.  Attachment(s): Ordinance 835 Sanitation Dump Ticket Brief Summary:  Att the February 13, 2024 City Council meeting, the City Administrator presented a contract from Waste Management fora compactor at Mexico Beach Crossings; the topic was tabled until further information could be received.  Action Requested:  Hold Discussion and First Public Reading of Ordinance 835  ISSUE OVERVIEW  Background Information & Issue Summary:  Att the February 13, 2024 City Council meeting, the City Administrator presented a contract from Waste Management for acompactor at Mexico Beach Crossings; the topic was tabled until further information regarding current garbage weight could be received--thati information is being provided. Ordinance 835 also ensures the City will not lose money by allowing compactors because it requires users to pay normal rates OR actual costs, whichever is higher and allows the  City to charge for excessive garbage at residential properties.  Financial Impacts:  Maintains revenue while doing less work, increases revenue in the case of excessive garbage.  Staff ecommeroéstonscomments Approve First Public Hearing of Ordinance 835    ORDINANCE NO.835  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE 686, ESTABLISHING A SANITATION SERVICE; INCORPORATING COMPACTORS AND RATES FOR THEIR USE; INCORPORATING RATES FOR EXCESSIVE REFUSE AT RESIDENTIAL PROPERTIES; ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY AND AN IMMEDIATELY  PROVIDING EFFECTIVE DATE.  FOR  CODIFICATION;  REPEALING  WHEREAS, the City Council oft the City of Mexico Beach has determined that it is in the best interests of the citizens of Mexico Beach that an ordinance amending Ordinance No. 6861 be  enacted; and  NOW, THEREFORE, BEITORDAINED: BYTHE CITYCOUNCILOFTHECITY SECTION 1. The following amendment to Ordinance 686, Section 4, Subsection 1,  OF MEXICO BEACH:  "Residential", Item (a) shall be made:  1. Residential  (a). Refuse, trash, and garbage of any kind shall not be stored on the public right of way and shall be placed in a garbage or trash can or cans as defined herein. Except as set forth below for multifamily dwellings, residential trash, garbage or refuse shall be limited to three (3)32 gallon trash cans per residence per collection cycle. (For example, ifhousehold garbage is collected twice per week, a resident will be limited to 3 trash cans per collection day, twice per week). For anything exceeding. this amount, the City will pick up additional bags of refuse, trash, and garbage at the rate listed in the City's rate structure and labeled as "Excessive Garbage Fee". Each residential unit is required to maintain a separate sanitation collection account and to pay the residential rate. Refuse, trash, and garbage not placed in a trash can(s) will not be collected by the City Sanitation Department and ifs such material is left outside of a trash can, will be a violation of this Code Section. However, the City Sanitation Department will collect cardboard boxes left adjacent to the required trash cans during the regular collection periods sol long as such boxes are empty except for minimal packing materials. Such boxes shall not contain additional trash, refuse, garbage, or debris of any nature. Trash can(s) should not be placed at the curb until the day of scheduled service. SECTION 2. The following Item (f), "Compactor Use" will be added to Ordinance (f). Large multifamily developments may utilize trash compactors for their garbage  686, Section 4, Subsection 1,"Residential":    disposal needs. Should this be the case, the type and model of compactor must have prior approval from the City of Mexico Beach and the City Sanitation Department will provide the compactor, either itself or through a third-party contractor, and all associated functions (disposal, maintenance, billing, etc.). The compactor users will pay the standard residential collection rate per unit or the actual compactor costs, whichever is higher, but use the compactor(s) to deposit their trash, garbage, or SECTION3. Codification. The appropriate officers and agents ofthe City are authorized and directed to codify, include and publish in electronic format the provisions ofthis Ordinance within the Mexico Beach Land Development Code and the Mexico Beach City Code. Section  refuse.  numbers may be assigned and changed whenever necessary or convenient.  SECTION 4. Repeal. All Codes, Ordinances and/or Resolutions or parts of Codes, Ordinances and/or Resolutions in conflict herewith are hereby repealed tot the extent oft the conflict. SECTION: 5. Survival. If any section, subsection, sentence, clause, phrase of this Ordinance, or any particular application thereof shall be held invalid by any court, administrative agency, or other body with appropriate jurisdiction, thei remaining sections, subsections, sentences,  clauses, or phrases under application shall not be affected thereby.  SECTION 6. Effective Date. This Ordinance shall take effect immediately upon The above and foregoing Ordinance was introduced and had first reading at the meeting of  passage.  the City Council on the  day of  2024. PASSED, APPROVED AND ADOPTED  at the meeting of the City Council of the City of Mexico Beach, Florida, this  day of  2024.  Michele Miller, Mayor  ATTEST:  Tammy Brunson, City Clerk    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: March 26, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Consent Regular Closed Agenda Agenda Session  Yes R No  PRESENERINPORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Ordinance 836- - Amending Ordinance 818, Sanitation Rates  Attachment(s): Ordinance 836 Brief Summary: Action Requested: Hold first reading of Ordinance 836 ISSUE OVERVIEW  Ordinance 836 incorporates an' Excessive Garbage Fee" of $10 per additional 32 gallon garbage can or equivalent  Background Information & Issue Summary:  The City has not had the ability to charge for excessive garbage at residential properties and it has become an issue due to the number of rental units in town. Ordinance 836 will allow us to charge for excessive amounts of garbage, coverour  costs, and ensure the City Sanitation Department is not losing money due to this issue.  Financial Impacts:  Increases revenue to cover our costs. Staff Recommendations/Comments: Hold first reading of Ordinance 836    ORDINANCE, 836  AN ORDINANCE OF THE CITY OF MEXICO BEACH, FLORIDA AMENDING ORDINANCE NO. 818, ADJUSTING THE CURRENT RATES TO BE CHARGED FOR THE USE OF THE MUNICIPAL SANITATION SYSTEM, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND  PROVIDING FOR AN EFFECTIVE DATE.  WHEREAS, the City Council of the Mexico Beach ("City") has determined that it isi in the best interests oft the citizens ofl Mexico Beach that an ordinance amending Ordinance No. 800 be enacted; and NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY  OF MEXICO BEACH, FLORIDA that:  SECTION 1: Section 5(b) ofOrdinance No. 800 shall be amended to now read as follows:  Section 5(b): Schedule of Fees and Charges- Monthly:  Residential Unit: Commercial: Dumpster:  $_33.36 $_48.85 $273.96 $110.00 $_10.00  peri residential unit per commercial unit per dumpster per pick up peradditional can or equivalent  Additional Pick-Ups Dumpster: Excessive Garbage Fee Special Events Collection Rate shall remain in full force and effect.  Fee TBD Dumpster Rate  SECTION2: All other provisions ofOrdinance No. 818 other than Section 5(b) as mentioned above SECTION3: All other ordinances, parts of ordinances and resolutions in conflict herewith are hereby  repealed.  SECTION4: This ordinance shall take effect on April9,2024.  PASSED, APPROVED AND ADOPTED by the City Council of the City of Mexico Beach,  Florida this the  day of  2024.  THECITY OF MEXICO BEACH  BY:  MICHELE MILLER, Mayor  ATTEST:  TAMMY BRUNSON, City Clerk    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: March 26,2024 Department: City Administrator Public Hearing: Date of Public Hearing:  &  Consent Regular Closed Agenda Agenda Session  Yes R No  PRESENTENINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TOI BE CONSIDERED Subject:  Allowing "Crazy' Wave Runner Parasail" to Rent City Property to Operate His Business Liability Insurance showing the City of Mexico Beach as an additional insured ont this business.  Attachment(s):  Brief Summary:  The EI Governor didn'trenew Crazy' Wave Runner Parasail's rent agreement so Hector is requesting the City Allow him to operate his business from Sunset Park, preferably, or from the previous/future site of the pier, at South 37th Street  Action Requested:  Council to determine if they will permit this business to operate from City property.  ISSUE OVERVIEW  Background Information & Issue Summary:  The El Governor didn'trenew Crazy Wave Runner Parasail's rent agreement SO Hector is requesting the City Allow him too operate his business from Sunset Park, preferably, or from the previous/future site of the pier, at South 37th Street. Hector has stated that he previously paid $1000/month in rent to the EI Governor and would pay the same amount to the  City Financial Impacts:  Opportunity for the City to earn rental income from its parks.  Staff ecommedatoncommens  Approve the request from Crazy Wave Runner Parasail and instruct City staff to update the appropriate ordinance(s) to  allow no more than one business to operate on the beach from City-owned property.    DATE(MMDDY) 03/15/2024  CERTIFICATE OF INSURANCE  PRODUCER ANDT THE NAMEDI INSURED Evolution Insurance Brokers, LLC. 8722S. Harrison St. Sandy, UT8 84070 (801)3 304-5500 INSURED Crazy Wave Runners Parasail DBA: 53201 Hickory St Panama City, FL 32404 COVERAGES  THIS CERTIFICATE ISI ISSUED AS Al MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE OF INSURANCE DOES NOT AFFIRMATIVELYOR NEGATIVELY, AMEND, EXTEND, OR ALTER THE COVERAGE. AFFORDED BY THE INSURANCE POLICIES BELOW. INSURER A: Prime Insurance Company INSURERB: INSURERC: Company #12588  INSURERS AFFORDING COVERAGE  "LIMITS: SHOWN. ARE THOSE INI EFFECT ASOF POLICY INCEPTION"  686287  Thep policies ofi insurancel listed below have beeni issuedt tot their insuredr nameda above fort thep policy indicated. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may bei issued orr may pertain, thei insurance affordedb by thep policies described hereini is subject to allt thet terms, exclusions and  conditions ofs such policies. Aggregate limits shown may haveb beenr reduced by paid claims.  POLICYE EFFECTIVE POLICY EXPIRATION DATE (MM/DD/YY) DATE (MM/DD/YY) 07/07/2023 07/07/2024  TYPE OFI INSURANCE M Commerciall Liability Claims Made Exclude Products M Exclude Completed Operations Commercial, Auto Liability Any Auto AlI Owned Autos Scheduled Autos Hired/ Autos Non-Owned. Autos Drive Away Specifically Described, Autos Commercial Garage Liability G.K.L.L. O.T.R.P.D. D.O.C. Cargo On Hook Contractual Liability Indemnification Wrongful Repossession Claims Made Exclude Completed Operations Exclude Products Excess Liability Claims Made  POLICYN NUMBER SC23070601  LIMITS  $500,000 Per Person $1,000,000 Per Accident $2,000,000 Policy Aggregate  LIMITATION OFC COVERAGE FORA ADDITIONALI INSURED Please see thea attached. Additional Insured Endorsement. DESCRIPTION OF OPERATION/LG D CERTIFICATE! HOLDER Citv ofN Mexico Beach POI Box 13425-2201 Paradise Path Mexico Beach. FL 32410 UDA-F-0301 14FEB2020  ADDEDBYE ENDORSEMENTSPECAL PROVISIONS  Coverage is limitedt toc onlyi insured: activities or operations identified int the Policy. Rental- Personal Watercraft & Jet-Skis, Guided Watersport. Activities- Parasailing, Rental- Personal Watercraft &J Jet-Skis Per Unit., Additionall Insured Endorsement- Scheduled., Mobile Equipment Scheduled ATV & Boat- Per Unit.  ADDITIONAL INSURED  LOSS PAYEE  WAIVER OF SUBROGATION PRIMARY AND NON-  CONTRIBUTORY  SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONI DATET THEREOF, THE ISSUINGI INSURER WILL ENDEAVOR TOMAIL 0 DAYS WRITTENT NOTICE TOT THE CERTIFICATE HOLDERI NAMED1 TOT THE LEFT,BUT FAILURE TOD DO sos SHALL IMPOSE NO OBLIGATION ORL LIABILITY OFA ANY KINDUPON  THE INSURER, ITS AGENTS ORF REPRESENTATIVES. AUTHORIZED REPRESENTATIVE L7.    ADDITIONAL INSURED ENDORSEMENT  PAP-99-12  This Endorsement changes the terms and conditions of the Coverage Contract issued. Please read it carefully! The following requirements govern coverage under the Policy and must be adhered to for coverage to be provided to the Insured under the Policy. No activities conducted by the Insured are covered under the Policy unless they are conducted in full compliance with all oft the requirements specified below andi in the Policy. The Insured must advise its employees, agents, contractors, andlor subcontractors of these requirements and ensure that they also abide by them for coverage to be provided. The Insured agrees and understands that any noncompliance with the following specified requirements and/or the terms and conditions set forth in the Policy will resulti int the denial of coverage under the Policy meaning the Insurer will not be obligated to  indemnify or defend you. Policy Number: SC23070601 Insured: Crazy Wave Runners Parasail Effective Date of the Endorsement: 07/07/2023 Additional Insured: City of Mexico Beach  PO Box 13425-2201 Paradise Path Mexico Beach, FL 32410  The "Whoi is an Insured" provision of the Policy shall be amended to include the person or organization scheduled ini this Endorsement as an Additional Insured for the limited purpose of liability arising from Your Work, as that term applies to the Named Insured only, and subject to all other terms and conditions of the Policy and this Endorsement. The coverage provided by this Endorsement only extends to cover the Additional Insured for allegations of liability based upon alleged, actionable conduct of the Insured and only to the extent the Insured would have been liable and coverage would have been afforded to the Insured under the terms and conditions of this Policy had such Claim been made against the Insured. No coverage shall be provided for any liability arising out of the Additional Insured's own alleged conduct. The Policy has been entered intoi in the State of Utah and any rights, remedies, or obligations provided fori in the Policy shall be construed and enforced in accordance with the laws of the State of Utah. Furthermore, the Additional Insured understands and acknowledges that the Insurer conducts its business activities, including underwriting, risk management, and claims handling services, within the State of Utah and acknowledges that by entering into this policy of insurance, the Additional Insured is deemed tol be transacting business within the State of Utah. Accordingly, the Additional Insured hereby understands and consents to thej jurisdiction oft the courts of the State of Utah and agrees that those courts shall be the exclusive forum to hear and decide disputes consisting of or relating to the Policy, including anyi insurance coverage issues and any payments due under The Additional Insured is subject to all of the terms, provisions, conditions, exclusions, definitions, limitations, representations, and Endorsements of the Policy issued to the Insured and all related documents providing coverage to the Insured. The failure of the Insured to adhere to any such provisions will also defeat coverage under the Policy for all Additional Insureds. The Insurance afforded by the Policy to the Additional Insured(s) scheduled in this Endorsement as an Additional Insured, at the location scheduled int this Endorsement, for the limited purpose ofl liability arising from Your Work, as that term applies to the Insured only, ands subject to all other terms and conditions oft the Policy and this Endorsement is primary insurance. Any other insurance or sell-insurance maintained by the Additional Insured(s) is excess of this insurance and shall not contribute toi it.  the Policy.  Endorsement No.: 3  PAP-99-12 06NOV2019  Page 1of1  Printed On: Friday, March 15, 2024    I  MEXICOBEACH LODA  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: March 26, 2024 Department: City Council Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Regular Agenda Closed Session  PRESENTERINFORMATON CONTACT: Councilwoman Linda Hamilton  ITEM TO BE CONSIDERED Subject: Discussion Regarding Food Trucks  Attachment(s): None.  Brief Summary:  Food trucks were discussed at the March 12th City Council meeting and Council requested the Planning and Zoning Board review this issue and make recommendations. Councilwoman Hamilton requested this be placed back on the  agenda for further discussion. Action Requested:  Discuss andlor provide further direction regarding the issue off food trucks.  ISSUE OVERVIEW  Background Information & Issue Summary: agenda for further discussion. Financial Impacts: None.  Food trucks were discussed at the March 12th City Council meeting and Council requested the Planning and Zoning Board review this issue and make recommendations. Councilwoman Hamilton requested this be placed back ont the  Staff ecommerdtionsCommens regards to food trucks in Mexico Beach.  Council discretion. Ifsent back to the Planning and Zoning Board, provide direction on what the Council desires to see in    MEXICOBEACH  0.R-D.A  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form & Meeting! Date: March 26, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes K No  Agenda Consent Agenda Regular Closed Session  PRESENTERINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Compactor Lease and Service Agreement with' Waste Management  Attachment(s): Lease and Service Agreement Dump Ticket Brief Summary:  Management at Mexico Beach Crossings approached the City about the bear problem they have with the dumpsters and requested to use a compactor. The City would enter the agreement and continue to charge Mexico Beach Crossings.  Action Requested:  Council to approve the agreement with Waste Management  ISSUE OVERVIEW  Background Information & Issue Summary:  Management at Mexico Beach Crossings are concerned about the safety issue caused by bears at their dumpsters and approached the City about using a compactor. The City does not allow outside sanitation services inside city limits so the City would enter the agreement with Waste Management, continue to bill Mexico Beach Crossings, and pay the monthly rental and disposal fees while keeping the remainder oft the funds in our sanitation department. Monthly expense would fluctuate but would be approximately $2599 per month while receiving $5,029 from the apartments (+$2,430).  Financial Impacts:  City would earn approximately the same amount of money while doing none of the work.  Staff Recommendations/Comments:  Council to approve the agreement with Waste Management    WMA Agreement # Customer ID Acct. Name Salesperson Effective Date Last PID Date Billinginformation City ofN Mexico Name Beach Mexico Contact Beach Crossings 201 PARADISE Address PATH City State Zip MEXICOBEACH,FL, Fax# 32456-7197  S0017832363 City of Mexico Beach- Mexico Beach Crossings Adam McClellan 3/22/2024  Waste Management! Inc. ofF Florida 108 Hill Ave Fort Walton Beach, FL, 32548 (800) 284-2451  WM  Service Agreement Non-Hazardous Waste Service Summary Service Information City of Moxico Name Beach- Mexico Contact Beach Crossings 155T TOWNY VILLAGE Address BLVD City State Zip MEXICOE BEACH, FL Fax# 32456-7210 County/Parish Bay Customer Comments:  Chris Hubbard  Chris Hubbard  Telephone# 850-527-3074 Email  Telephone# 850-527-3074 Email  chuebardemascaehng County/Parish Bay  chubbansemanschasehng  oV  PO#  Service Description BOnDemandRales  Quantity  Equipment 34Y Yard Self-Contained Compactor  Materials Stream MSWI industrial- Compacted  Frequency Haul Rate DisposalR RateperTon 1xEvery Other Week Container Usage/Month (Odd) Minimum Haul/Month (over30days)  67.50 550.00 440.0 00  Minimum Tons: 6.00(Tons) Minimum Hauls: 2 (Hauls) Current Energy Surcharge 15.82% "Disposal Site- Gulo County1 Transter Station"  Customer'sV Waste Materialsr nott toe exceede an weight ofl Ibslyard. Initial One Time Service Charges" Initial Delivery  As Needed Services" current prices.  The above listed Charges are for recurring services only. Charges for alla  services willl bes at  1000.00 currentr rates atthet time ofs service. Thesei include bute arer not! limited to: extrap pickups, containerr removal, overages ando contamination. Contact Waste Management for afulll listofs such additional services and  "The Energy Surcharge applies to allo other Charges whetherc orr notl listed on this summary. Any Energy Surcharge amounts showni int this Service Summary are estimated based ond current percentages (ass setf forthh herein), and actuala amounts will bec calculateda at thet time of invoicing based on currenta applicable percentages. Information: aboutt the Energy Surcharge andit its calculation cant bef found atw wwwM wm.c com/billhelp. State &1 Localt taxes, andlorf fees andaF Recycle Material Offset, ifapplicable, wille alsot be addedte to the Charges. AnA Administrative Charge peri invoicey willl be assesseda ando cant be removed by enrollingi inp paperless statements anda automated payments. This Agreement does notp provide for af fixedp price duringt the Contract Term. Unless specifically provided otherwise herein, Customer should expect Companyt toi increase Charges as allowed! bys Section 4(b) and Company tos seek other pricei increases subject to Customer's consent under Section 4(c)ofthis Agreement. Consent top pricei increases Contract Term is for 5year(s) from the Effective Date ('Initial Term') and its shall: automatically renew thereafter for Thei individual signingt this agreement ont behalf of customer acknowledges that he/she has reada anda accepts the terms and conditions oft this agreement which  may beg given orally, inw writing. orbyr notice and Customer's paymento of, orf fallure to objectt to, the pricei increase. additional terms of 24 months (Renewal Term') unless terminated as set forth herein. accompany this service summary sheeta andt thath he/she has the authority to sign on behalf oft the customer.  Customer Signature Florida  Printed Name  Titie Waste Management Sales Rep. Title  Date Date  Company Waste! Management! Inc. of Printed Name  Terms and Conditions oni following page(s)    WM Agreement #S S0017832363  1.(a) SERVICE GUARANTEE. Weg guarantee our Services (as defined below). IfCompany failst top perform Services in accordance witht thes service summary asp provided, which for Services purchased onlinc includet the information and terms disclosed during theo order ando checkoul process (collectively, the" "Service Summary"). and Company does notn remedy: such failure within five (5)business days ofi its receipt ofay written demandf from Customer, Customer mayi immediatelyt terminatet this Agreement without penalty. (b) SERVICESI RENDERED; WASTE MATERIALS. Customer grants to Company thec exclusive right, and Company through itselfa andi its Affiliates shall fumish equipment and services, to collect and dispose of and/orr recycle (collectively. the" Services") allo of Customer's' Waste Materials at Customer's Service Address(es)! listed ont the Service! Summary, subject to thet terms andp provisions contained! herein (collectively, with the Service Summary, the" Agreement"). IfCustomerc changes its Service Address(es), this Agreements shallr remain valid ande enforceable with respect to Services rendereda at Customer's news service location(s)i ifsuchl location(s)is within Company's service area. Customer represents andy warrants thard the materials tob bec collected undert this Agreements shall be only" "Waste Materials" as defined berein. Forp purposes ofthis Agreement," "Wastel Materials" means all non- hazardouss solidy waste, organic waste, andi ifappliçable, Recyclable! Materials (as definedi in Section 12)E generatedb by Customer or at Customer's Service Address(es). Waste Materialsi includes" Special Waste". such asi industrial process wastes, asbestos- containing material, petroleum contaminated: soils, treated'de- characterized wastes, andd demolition debris, for which Customers sball completea Special Waste Profiles sheet tol be approved by Companyi ins writing. Waste Materials excludes, and Customer agrees nott to deposit or permit the deposit for collection of(i)a any wastet tires, (ii)n radioactive, volatile, corrosive, flammable. explosive, biomedical, infectious, bio-L bazardous, regulatedn medicalo or hazardous waste, toxic substance or material, as definedby, characterized orl listed under applicable federal, state, orl locall laws or regulations, (iii) any materials containingi information protected by federal, state or local privacy ands security laws or regulations (unless tendered to Company pursuant tos an additional Exhibitl Liot this Agreement), (iv)a any otheri items or material prohibited by federal, state or local laws or regulations, or that coulda adversely affect thec operation or usefull life ofthef facility(ies) receiving Customer's' Waste Materials, or( (v)s Special Waste not approvedi in writing by Company (collectively, Excluded Materials").1 Titlet to andl liability for Excluded) Materialss shallr remain with Customer atallti times. Title to Customer's Waste! Materialsi ist transferred to Company upon Company's 2.CONTRACT TERM. Thel Initial Term anda anys subsequent Renewal Term oft this Agreement (collectively, the" Contract Term")iss set forth on thes Service Summary. Unless otherwise specified ont thes Service Summary, atthe endo ofthel Initial Term anda any subsequent Renewall Term, the Contract Term shall automatically renewf fora an additional Renewal Term atthe then current Servicel levels anda applicable Charges, unless (a)f foraF Renewall Term oft twelve( (12) months orr more, either party givest to thec other party written notice ofu termination: atl least ninety (90) days, butr notr more thano oneh hundred eighty (180) days, prior tot thet termination ofthet then-existing term, and (b)f foral Renewal Term ofl lesst thant twelve (12)n months, either party gives! tot the other party writtenr notice oft termination: atl leastt thirty (30) days prior tot thet termination ofu the then-existing term. Notice oft termination received at any othert times willbe 3.TERMINATIONI RIGHTS. Notwithstanding thef foregoing, this Agreement can be terminated priort to thee endo ofthel Initial Termo oraR Renewal Term as follows: (a)by Customer (with no obligation top pay liquidatedd damages as providedi in Section 7), ()i fCompany fails tos satisfy the Service Guarantee providedi in Section I(a) or (i)p pursuant to Section 4(c)i ifCompany increases the Charges payable by Customer hereunder witha Consensual! Price Increase; (b)b by Customer witht thirty (30) days prior writtenr noticet to Company, subject to Customer's obligationt top payl liquidatedd damages asp providedi in Section7 7nol latert than thirty (30) days afterv writtenr notice oft termination; (c)by Company, ()it ifasa result ofCustomer'sb breach of Section! 5, Company suspends Services forn moret thanf fificen (15) days, or (i)i ifCustomer fails to cure anys other breach ofits obligations under thisA Agreement within five (5) business days ofitsr receipto ofs written demand from Company to cures such breach; and (d)by Company, witha at leastf fifleen (15)d days priors written notice tot the Customer, anyt times after Customer retains, designates or appointsa al broker or agent to actf for Customer, ort managei its Services, under this Agreement. Ino ordert to movec containers inas safe, secure and orderly fashion, Companys shall have upt tos seven (7)dayst tor remove any equipment from Customer'ss servicel location(s) after the effective date oftheu termination ofthis Agreement. Company to Customers ares setf forth ont the Service! Summary. Company alsor reserves ther right to charge Customer additional Charges fora additional Services provided by Companyt to services; extrap pickups or tripc charges; container overages ando overflows; ande equipment repair andn maintenance (see www. wm. com/billhelp fora al list of" "Additional Services", which may beu updated fromt timet tot time), alla atsuch standard prices ori ratest that Company is chargingi itsc customersi int thes service arcaa at sucht time. Changesi in thef frequency ofcollection, coliection schedule, number, capacity: and/or type ofe equipment, thet terms ando conditions ofthisA Agreement, and any changest to the Charges payable under this Agreement (including any Consensual Price Increase or Negotiated Price Adjustment), may! bea agreed to orally, in writing orb byo other actions andp practices ofthep parties, including, without limitation, electronic oro online acceptance or payment oft thei invoicer reflecting sucho changes, and writtenr noticet to Customer ofe anys sucho changesa and Customer's failuret to object to such changes, whichs shallb be deemed O)PERMITTED PRICEI INCREASES AND CHARGE MODIFICATIONS. Company reservest ther right, and Customer acknowledges thati its should expect Companyt toi incrcase, add, or modify the Chargesp payable by Customer bereunder during the Contract Term: G)f for any changes or modifications to, or differences between, thes actual cquipment and Services provided by Company to Customer andt those specified ont thes Service Summary; (ii)f for any changes or differencei int thec composition, amount or weight ofthe Waste Materials collectedb by Company from Customer'ss scrvice location(s) fromy whati iss specified ont the Service Summary (including forc container overages or overflows); (ini) fora anyi increasei inord other modification made by Company tothed calculation oft the Energy Surchargei including additions or modificationst tot thef fuelt types usedi int thec calculations, the Recyclable Materials Offsct, and/or any other Charges included orr referencedi int thes Service Summary (which Chargesa are calculated and/or determined on and enterprise-wide! basis, including Company anda allA Affiliates and subcontractors); (iv)t to cover anyi increasesi in disposal, processing, and/or transportations costs, including fuel or energys surcharges; (v)to coveri increased costs due tot uncontrollable circumstances, including, withoutl limitation, changes (occurring from anda aftert three (3)n months priort to theE Effective Date)i inl local, state, federal or foreign laws or reguletions (ort the enforcement, interpretations or application thercof), including thei imposition ofori increasci int taxes, fees ors surcbarges, oracis of Gods sucbs as floods, fires, hurricancs andr natural disasters; and (vi) fori increasesi in the Consumer Pricel Index ("CPI")f for Water, Sewer andl Trash Collection! Services published by U.S. Burcau ofLabor Statistics, orv withy written notice to Customer, anyo other national, regional or local CPI, withs suchi increasesi in CPIE being mcasured from theE Effective Date, ora as applicable, Customer's last CPIb based pricc increase date ("PI Date"). Increases to Chargess specifiedi int this Section 4(b)n may be applied singularly or cumulatively andr mayi include an amount for Company's opcrating or profitr margin. Customer acknowledges anda agrees thata anyi increased Charges undert this Section 4 (including any Consensuall Pricel Increases or Negotiated Price Adjustments) arer notr representedt tobes solely an (€) CONSENSUAL PRICE INCREASES Withoutl limiting thef forcgoing, Companys alsor reservest ther right tos scck, and Customer: acknowledges thati sbould expect Company tos scek, increases int the Charges payable by Customer hereunder forr reasons nots specifically permitted in Section 4b)(a." "Consensual Pricel Increase"). IfCustomer does Dot acceptt the Consensual Price Increase, Customer's soler righta andr remedy shall bet tot terminate this Agreement by written noticet to Company no later thant thirty (30) days after Companyr notifies Customer ofsuch Consensuall Price Increase. Customer's st failuret tot terminate thisA Agreement (within the 30-day period)s shall be construed as Customer's acknowledgement thatt thec continuation oft the Services by Company) hereunderi is good, valuable ands sufficient consideration fort the Consensuall Pricel Increase. Norwithstandingi thef foregoing. thep partics may, but aren noto obligated to, agree toac differenti increase ora an adjustment to Customer's Charges (a" Negotiated) Price Adjustment") asa result ofa Consensuall Price Increase.. Absenta Negotiated Price Adjustment, the Consensuall Pricel Incrcases shall beb binding ande enforceable against Customer undert this Agreement unless the Customer terminates this Agreement (withint the 30-day period)as described above. Customer's agreement! toa Consensual Price Increase orl Negotiated Price Adjustment may bec evidenced pursuant to Section 4(a): and thep parties agree thatt this Agreement 5.1 INVOICES; PAYMENT TERMS Companys shalls send alli invoices for Charges anda any required notices to Customer under this Agreement to Customer's billing: address specifiedi in thes Service! Summary, ori ifthe Customer electst to participate in the Company's s electronic billing program, make thema available bye email to Customer's designated c-mail: address. Unless specifically agreed toiny writing by Company: ands subjectu to such additional costs that Companyr may charge, ini its discretion, Company shall not ber required to bill Customer using Customer's or anyt third-p partyb billing portal orp program. Inr no event shallt theu uset by Company ofCustomer's sora anyt third-party billing portal orp program, or anyt terms thereof, operate to amend or supplementt thet terms andc conditions ofthis Agreement, which willr remain bindingi ina accordance withi its terms. Customer shall paya alli invoiced Chargesy within tbirty (30) days ofthei invoice date, by check mailed! to Company's payment address on Customer'si invoice. Payment bys anyo othern method or channel, including inp person, online orb by phone, shall bea as may bea allowed by Company ands subject to: applicable convenience fees ando other costs charged by Company, fromt time 10t time. Any Customer invoice balancer notp paid within thinty (30) days ofthe date ofi invoicei is subjectt toal latec charge, anda any Customer check returedf fori insufficient fundsi iss subject toanon-sufficientt funds charge, both tot ther maximume extent allowed bya applicable law. Customer: acknowledges thata any! latec chargec charged by Company is nott tobec considered asi interest o0 debto oraf finance charge, andi isar reasonable charge for thea anticipated1 loss ando costt to Company forl late payment. ifpaymenti is notn made when due, Company retains ther rightt to suspend Services untilt thep past duet balancei is paidi in full. In addition tof fullp payment ofo outstanding balances, Customer shalll ben required to paya ar reactivation charge tor resumes suspendeds Services. IfServices ares suspended for moret thanf fifteen (15) days, Companyr may immediately terminate this Agreement for default andr recover any equipments anda all amounts owed hereunder, including liquidated damages under Section7 7. 6. EQUIPMENT, ACCESS. Alle equipment furnishedb by Companys shall remaini its property; however, Custorner shalll have care, custody ando control ofthe equipment and shall bel liable fora alll loss or damaget tot thee equipment andf fori its contents while at Customer's service location(s). Customer shall noto overload, move or alert thee equipment or allow thirdy partyt todos so, ands shall useit ito only fori its intendedp purpose. Art thet termination ofthisA Agreement, Company's equipments shallb bei int thec conditioni inv whichi ity wasp provided, normaly wear andu tear excepted. Customer shally provides safe andu unobstructed access tot thee equipment ont thes scheduled collection day. Company may suspend Serviçes ort terminatet this Agreementi int thec event Customer violates any of ther requirements ofthis provision. Customer shallj pay, ifcharged by Company, any additional Charges, determined! by Company ini its soled discretion, for overloading, moving or altering thee equipment or allowinga a thirdp partyt to dos so. andf fora any servicer modifications caused by or resulting from Customer's failure top provide access. Customer warrants that Customer's property iss sufficient to bear thev weight of Company's equipment and vehicles anda agrees that Company shall notb ber responsible fora any damageto  receipt orc collection unless otherwise providedi int this Agreement or applicable law.  consideredi ineffective andu theA Agreement will bec considered automatically renewed upon completion oftheu then-existing term.  4.(a) CHARGES; ADDITIONAL SERVICES; CHANGES. Thei initial charges, fees ando other Customer, whether requested ori incurredb by Customer, including, butr notl limited to,  payable by Customer ("Charges") for Services and/or equipment fumishedby relocation or removal; gate, enclosure orr roll outs services; account resume or reactivation  tobe Customer's: affirmative consent! tos such changes.  offset or passt through ofCompany' 'scosts.  withs such modified Charges willo continue in fullf force ande effect  Customer'sp pavemento or any otbers surfacer resulting fromt thec equipment or Services.  Form:US ST 042223    7.LIQUIDATEDI DAMAGES. In thec event Customer terminates this Agreement prior to thce expiration oft the! Initial or Renewal Term fora anyr reason other thana as setf forth in Section 3(a). ori in thec event Company terminates this Agreement for Customer's defaultp pursuant to Section 3(c), Customer shall pay the followingl liquidatedd damages in addition to legal fees, ifany: (a)ifther remaining Contract Term( (including any applicable Renewall Term)u under this Agreementi is six (6)orr more months, Customer shall payt the average Company's ofitss six (6) monthly Chargesi immediately priort to defaulto or termination (or,i ifthe Effective Datei is withins six (6)n months of Company's! lasti invoice date, the average of alln monthly Charges) multiplied! bys six( (6); or (b)ifthe remaining Contract" Termi isl less thans sixn months, Customer shallp payt thea average ofi its six (6)n most recent monthly Chargest multiplied by then number of months remainingi in the Contract Term. Customer acknowledges thatt thea actual damaget to Company in thec event ofCustomer's carlyt termination orb breach ofc contracti isi impractical or extremely dificulttof fixc orp prove, thef foregoing liquidated damagesa amount is reasonable andc commensurate witht thea anticipated loss to Company resultingt therefrom, ands suchl liquidated damages paymenti isans agreedu upon charge for Customer's earlyt termination or breach ofc contract andisn noti imposeda asa penalty. Customer shall alsop payl liquidated damages for wastet tiret thatis isf founda ata anyd disposal facility used by Company. In addition to andnoti inl limitation ofthef foregoing. Company shall be entitledt to recover alll losses, damages ando costs, including attomeys' fees andc costs, resulting from Customer's breach ofa any other provision oft this Agreementi in addition to allo other remedies available atl law orin 8.1 INDEMNITY. Company agreest toi indemnify, defend ands save Customer andit its Affiliates barmless from anda againsia any anda alll liability which Customer or its Affiliates suffer, orp paya aresult ofany bodilyi injuries (including death), property damage or violationo oflaw, tot thee extent caused bya any negligent acto or omission or willful misconduct of. Company ori its employees, which occurs( (a) during thec collection ort transportation ofc Customer's Waste Materials, or (b)a asa resulto oft thec disposal of Customer's Waste Materialsi ina facility owned! by Company ora an Affiliate, provided that Company's indemnification obligations willr not applyt to occurrences involving Excluded! Materials. Cusiomer agrees to indemnify, defend ands save Company andi its Affiliates harmless froma anda against any anda alll liability which Company andi its Affiliates may suffer, incur or pay asa aresult ofany bodily injuries (includingd death), property damage or violation ofl lawt tot thee extent caused by Customer's breach ofthis Agreement or by any negligenta acto or omission or willfult misconduct of Customer ori its employces, agents or contractors or Customer'su use, operation or possession of anye equipment furnished! by Company. Neither party shall bel liablet to thec other for 9.R RIGHT1 TOI PROVIDE COMPETING OFFERS. IfCustomer receives and offer from (orr makes any offer to)a third party relatingt tos sucht third party'sp provision tot the Customer same or similar Services tot those provided hereunder, Customers shall give Company prompt writtent notice ofa anys such offer anda 15-day periodton respondt tos sucht third party offer priort ofthe to Customer agreeing tos such thirdp party offer. Exceptt tot thee extente either party! hasp providedt timely written notice oft termination: as set forthi in! Section 2, Customer' 's acceptance competing offer this Section 9beforet thee expiration or termination ofthe current! Initial Termo or Renewal Terms shall beat termination under Section 3(b): ands subject to Customer's 10.1 DISPUTE RSOLTIOXABITRATION AGREEMENT AND CLASS ACTION WAIVERBINDING/ ARBITRATION: Exceptf fort those claims expressly excluded below (EXCLUDEDCILAIMS, Customer and Company agree thats anys anda alle existingo orf future controversy or claim between them arising out of or relatedt to this Agreement or any agreements between the) parties, whether basedi inc contract, lawo or equity or alleging anyo other) legalt theory, or arising priort to, inc connection with, ora aflert thet termination oft this prior Agreement or any othera agreements, shall ben resolved by mandatory bindinga arbitration (seey www. wm.d com ford details on arbitrationg procedures). CLASS ACTION WAIVER: Customer and Company agreet thatu underr noc circumstances, whether ins arbitration or otherwise, may Customert bring any claim against Company, or allow any claim that Customer may! have against Company tobes asserted, asp part ofac class action, onac consolidated or representativel basis or otherwise aggregated with claims brought by,or ont behalfo of, any other entity orp person, including other customers ofc Company. EXCLUDED CLAIMS: Thef following arer nots subjectt to: mandatory binding arbitration: (a)e eitherp party's claims against thec otheri inc connection with bodilyi injury or realp property damage andf fore environmental indemnification; and (b) Company's claims against Customer for collection or payment ofCharges, damages (liquidated or otberwise)or: any other amounts duec or payablet to Company by Customer under this Agreement or any prior agreements betweent thep parties, but Customer and 11. MISCELLANEOUS. (a)E Exceptf fort the obligation to make payments hereunder for Services already performed, neither party shall bei in default fori itsf failure top perform or delayi in performance caused by events or significantt thrcats ofevents beyondi itsr reasonable control, whether or notf foresecable, including, butr notl limitedto, strikes, labor trouble, riots, imposition oflaws or govemnmental orders, fires, aciso ofward or terrorism, actso of God, and thei inabiliry to oblain equipment, andu thea affected, party sball be excusedf fromp performance during the occurrence ofsuche events. (b)7 This Agreement shall be! binding on ands shalli inuret to theb benefit ofu thep partiesh hereto and their respective successors anda (c)1 Thet terms, conditions and disclosures set fortho on wm.c com relating to Billing/Billing! Hclp, Charges, Arbitration Procedures, andf fort those Customerst thats sign up fore eloctronic billing and payment, Autopay, arcu incorporated byr reference andi made ap partb hercof (as sucht terms, conditions andd disclosures may be changedo or modified fromt timet to time, effective froms such change or modification). In addition to, andr noti inl limitation of, the foregoing, thet terms andp provisions ofthis Agreement may be amended andr modifieda as agroed to by thep parties as providedi in Section 4(a). Subjectt to thef foregoing. this Agreement represents thee entire agreement between thep parties ands supersedes any anda allo other agreements fort thes same Services at thes same Customer locations coveredbyt this Agreement, whether written or oral, thatr may exist berweent thep parties. (d)T This Agreements shall bcc construedi ina accordance witht thes statei in the Services are provided. ()Allw written notificationt to Company requiredbyt this Agreement shall bec effective upon receipt and deliveredb by Certified Mail, Retum Reccipt Requested, courier or byb hand to Company" 's address ont thef firstp page ofthe Service Summary, provided that Company may provide writtent notice to Customer ofa different address fory writtent potice to Company. (lfany provision oft this Agreementi is declaredi invalid or unenforceable, thens suchy provisions shall bes severed from ands shallt nota affect the remainder ofthis Agreement; bowever, thep parties shall amend this Agreement tog give effect, to ther maximum extent allowed, tot thei intenta andr meaning ofthes severedp provision. (g)Int the event Companys successfully enforcesi itsr rights against Customer bereunder, Customer shall be required top pay Company's attomeys't fees ando courto costs. (h) Norwithstanding the termination ofthisA Agreement, Sections 6,7 7,8,1 10, 11, 12(vi) and Customer's obligation to make payments for all Charges ando other amounts due orp payable! hereunder throught the termination dates shalls survive thet termination oft this Agreement. (lise expressly agreedt that the parties shall bei independent contractors and thatt ther relationship between the parties shall noto constitute ap partnership, jointy venture, agency, or employer-employee. relationship. G)T Thet term" Affiliate" means with respectt toa anys specified party, any corporation, limitedl company, partnershipo or other legal entity, directly ori indirectly, controlled by, controlling orv undero common control withs suchs specifiedp party, with" "contro!" indirectly, thep power tod directo or cause thed direction ofu ther management and policies ofsuchl legale entity, whether throught thec ownership of voting securitics, byc meaning. contract ord otherwise. or (k)" 12.1 RECYCLINGS SERVICES. Thef followings shall apply to fibers and non-f fiber recyclables ("Recyclablel Materials") and recycling services. AlIF Rccyclable Materials must bcc cican, dry, unshredded, empty, loosea andu unbagged. ()s Single stream Recyclable Materials "Single Stream") will consist of Customer's entire volume ofu uncoatedo office andy writing paper, magazines, pamphlets, mail, newspaper; flattened, uncoated cardboard, paperboard boxes; aluminum fooda and beverage containers, tinors steelc cans; glass, andr rigido container #2a and* #5, including narrow peck containers andt tubs. Any materialn nots specifically setf fortha above, including butr notl limitedt to foam, filmj plastics, plasticb bags, napkins, tissuc, plastics #1, towels, orp paper thath hasb beeni in contact with food, is unacceptable. Glasst mayr not be accepted at alll locations. Customer shall provides source-separated wastepaper, cardboard, plastics paper and metals ina accordance witht ther most current ISRI Scrap Specifications Circular anda anya amendments! thereto or replacements thereof. Allo other Recyclable) Materials willb bec deliveredi in accordance withi industry standards ors suchs specifications communicatedt to Customer by Company fromt time-to-time. Company reservest ther right, uponn noticet 10 Customer, to discontinue acceptance ofa any category of Recyclable! Materials setf forth above asar resulto ofmarket conditions relatedt tos suchr materials and makes nor representations astot ther (ii)N Norwithstanding anything tot thec contrary contained! herein, Recyclable Materials mayn noto contain Special Waste, Excluded! Materials or otherr materials thata are delcterious or capable ofc causingr material damage to any part of Company' s property, its personnel or thep public or materially impair! thes strengtho or thed durability of Company' structures or cquipment. (in) Company may rejecti ins whole oring part, orr may process, ini its sole discretion, Recyclable! Materials not meeting thes specifications. Customer shallp pay Company fora alli increased costs, losses ande expensesi incurredv withr respectt tos suchr non-conforming Recyclable! Materials which charges mayi include an amountf for Company's operating or profitt margin (collectively "Cost"). Without! limiting the foregoing, Customer shall paya contamination charge for additional handling. processing, transporting: and/or disposing ofs suchr non- -conforming Recyclable the Materials, Special Waste, Excluded! Materials, and/or allo ofp part ofr non-conforming loads anda additional charges may! be assessed forb bulky itemss such as appliances, concrete, furniture, mattresses, tires, clectronics, pallets, yard waste, propane tanks, ctc. Collected Recyclable Materials forv which no commercially reasonable markete existsr may! be landfilled at Customer's Cost. (iv) Recycling Services ares subjectt toal Recyclable Material Offset (RMO) charget tot thec extentt that (a) Company's! processing costp per ton, including costs of disposal for contamination, plusp profit margin, exceeds (b)a an amount equalt to recyclables value pert tont minus an amount forp profit margin. The RMOc charge, including profitr margin, processing and disposal costs andr recyclable values shallb bed determined by Company fromt time-to-time, initss sole discretion, based on applicable operating data andn market information. Ifrecyclables valuee excceds processing costs, plus profitr margin, aF RMO credit may apply, at Company's sole discretion. (v)y Where Company has agreedi in writingi top providea market-basedi rebate to Customer, thef followings shall apply. Customer acknowledges that then market value for Recyclable Materials will fluctuate based upony various factors, ands suchr materials att times have no value or thatt they valuer may ben negative. Company wille establisht thes valuc ofl Recyclable! Materials each month based upons such various factors, includingb but notl limited may to quality andl location. Forr recycling services, Company shall pay or charge Customer on or about thel last day ofe cach month forF Recyclable Materials accepted during thep preceding quantity, month, afterd deduction of any charges owedto Company by Customer. Anyi invoiccs shallb bep payableu uponr reccipt. Where recycling processing services arep provided, mayi include scparate fuela ande environmentals surcharges forr recycling services ass setf fortha atv www. wm.c com. (vi), Notwithstanding anything tot thec contrary setf forth above, thel liquidated Charges damages calculation set forthi in Section7 7ofthis Agreement shall nota apply to any Customer breach ofthe Agreement pertaining tos Services for Recyclable Materials which have bcenc determined by Company to haves positive value. Ifab breach occurs unders such circumstances, thed damages shall be determined! by calculating actual damages rather than suchl liquidated damages. (vii) Service arrangementsy willb be agreed upon! between Customer and Company fort thes servicel location(s) set forthi int this Agrcement. Fort trailerl loadq quantities, Customer shalll loadt trailers to visible capacityt to achieve 40,000p pounds minimum shipping weight and trailers shall be loadedc orc caused tobel loaded in accordance witht the most current ISRI/AF&PA Freight and/or adjustments mays applyt tol lightl loads. For baled wastepaper picked upb byb baler route service, then minimum quantity forp pickupi iss six (6)bales andf forp purposes Shipping of  Customer every equity. incur asa  ofsio0f mays  consequential, incidental or punitive damages arising out oft thep performance or breacb ofthis Agreement.  under  ofa  obligation topay liquidated damages as providedi in Section 7.  may mutually Companyr  agree to arbitrate any Excluded Claims.  www.s  assigns.  which  thel law of  dircctly liability  business day" means! Monday through Friday, excluding bank holidays.  oft the recyclability  materials.  full Guide. payment,  weightss shallb be estimatedv weights. Form:IS ST 042223    GULF COUNTY TRANSFER STATION 391 FIVE POINTS RD, PORT ST JOE, FL 32456  Ticket #: 001-0000063825  8502291145 IN Bound MXB 1008  3/12/2024 Scale #: 1  In 1 13:11:31 /Out : 13:20:11  Customer : (133) CITY OF MEXICO BEACH  201 PARADISE PATH, MEXICO BEACH, FL 32456  Vehicle Gross Wt: Gross Wt: MXB (MSW)MSW Net Amount: Signature:  MXB #10  18.37 Tare Wt: 36,740.00 Tare Wt:  17.57 Net Wt: 35,140.00 Net Wt: 0.80TON @ $67.50/TON =  0.80 TON 1,600.00 LBS  $54.00  $54.00  :  $54.00  Weigh Master: Kaylen Biggins MONDAY - SATURDAY 8AM-4PM EST  ah  ALL PAYMENTS MUST INCLODE A CONVENIENCE FEE OF 3%. SIGNATURE AUTHORIZES GULF COUNTY & WETAPPO TRANSFER STATIONS TO CHARGE THE PAYMENT METHOD IN THE AMOUNT SHOWN ON THIS TICKET. PAYMENT WILL  APPEAR AS "TRASHBILLILLING.COM" IN  VERMONT.    MEXICOBEACH LOIDA  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDA ITEM#  Agenda Abstract Form Meeting Date: March 26, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes R No  Agenda Consent Agenda Regular Closed Session  PRESENTERINFORMATON CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Mutual Aid Agreement with Overstreet Volunteer Fire Department  Attachment(s): Mutual Aid Agreement Brief Summary: Fire Department. Action Requested: Approve the Mutual Aid Agreement ISSUE OVERVIEW Fire Department. Financial Impacts: None  Itist time tor renew the mutual aid agreement between the Mexico Beach Fire Department and the Overstreet Volunteer  Background Information & Issue Summary:  Itist time to renew the mutual aid agreement between the Mexico Beach Fire Department and the Overstreet Volunteer  Staff ecommendatonsCommens Council to approve the Mutual Aid Agreement    GULF COUNTY BEACHES VFD, OVERSTREET VFD & THE CITY OF MEXICO BEACH FIRE DEPARTMENTS  MUTUAL AID AGREEMENT  1. This agreement is entered into between Gulf County Beaches VFD, Overstreet VFD, and the City of Mexico Beach Fire Departments, and the following shall apply. a. Upon receipt of a mutual aid assistance call within the Gulf County Beaches VFD fire district, Overstreet's fire district, and/or the City of Mexico Beach's fire district, Gulf County Beaches VFD, The City of Mexico Beach Fire Department and Overstreet VFD b. Each party agrees to assume responsibility for all liabilities that occur or arise in any way out of the performance of this agreement by its personnel only and to save and hold the other party, its employees and officials, harmless from all costs, expenses, losses and damages, including cost of defense, incurred as a result of any acts or omissions of the party's employees relating to the performance of this agreement. E Each party agrees to maintain adequate insurance coverage for its own equipment d. Each party agrees that it will not seek compensation for services provided under this  shall respond when requested, when personnel is available.  and personnel.  agreement from the other parties.  2. This agreement may be terminated by any of the parties, giving to the other parties a  thirty (30) day notice of termination in writing.  Gulf County Beaches VFD  City of Mexico Beach Fire Department  By: Chief Date: Overstreet VFD By: Chief Date:  By: Chief Date:  By: Date:  By: Date:  Gulf County Board of Co. Comm  Mayor, City of Mexico Beah    MEXICOBEACH OIDA  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form  Meeting Date: March 26, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Consent Regular Closed Agenda Agenda Session  Yes R No  RESENIERINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject: Purchase of Flag Poles for City Parks  Attachment(s):  Email showing the prices for different sized flag poles  Brief Summary: parks. Action Requested:  At the March 12th meeting of the City Council, Councilwoman Hamilton recommended purchasing flag poles for the City  The Council needs to determine how many flag poles and what size we are to purchase.  ISSUE OVERVIEW parks. Financial Impacts:  Background Information & Issue Summary:  Att the March 12th meeting oft the City Council, Councilwoman Hamilton recommended purchasing flag poles for the City  These are unbudgeted item(s) and would require al budget amendment.  Staff ecommerdatonsCommens  Council to determine number and size of flag poles toy purchase. As part of the motion, also approve the required budget  amendment.    Flagpole pricing Thu 3/21/2024 10:51AM  January Bertaccini Bertaccint@mexicobeachtl.gov> To:Chris Hubbard chubbard@mexicobeachfl.gov> CcTommy Davis tdseme.obeacgon  Chris, Flagpoles 30' $2974 25' $2084 20' $1984 Thanks,  This pricing includes shipping. January Bertaccini City ofMexico Beach, Florida 201 Paradise Path Mexico Beach, FL32456 Office: (850) 704-9191 berasciniamexicoheachll.gov  Public Works/Utilities Administrative Assistant  MXCO BEACH  PLEASENOTE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Mexicol Beach will be made available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. Ify you do not want your e-mail address released ini response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing.  PLEASE NOTE: Florida has a very broad public records law. As a result, any written communication created or received by the City of Mexico Beach will be made available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail  to this office. Instead, contact our office by phone or in writing.    a a  - a :    a E    9 S 0 @ e @  0  @ - O 3 9 to 3 A  D a    : S S @ o 9 ) 00 S a 9 -    3 3 -  0 O S S @ O - 00 S O 9 3 5    @ :  -  -    -  S  I  a C 6  E  @        S S 8  5 aU    I  S S -  -    - - CO @ aU 1 - S Im - L CO @ 00 Y 1n a L  - @ 0 -  5 O    S S @ 8  O e C @ A  C 8 2        S S @ 0 9 a 00    C E O O S S @ & 00 5    EVE  U S O a  D @    S S @ 8  a  D    a - S S - -  8 - S U    S N 3  S  3  A 0  e S N = E 00 A DD 00  e  o + o 6 8 S 00 a à o 8 a e 3  A  - E -    MEXICOBEACH  CITY OF MEXICO BEACH CITY COUNCIL  For Clerk's Use Only AGENDAI ITEM#  Agenda Abstract Form Meeting Date: March 26, 2024 Department: City Administrator Public Hearing: Date of Public Hearing:  Yes  No  Agenda Consent Regular Agenda Closed Session  PRESENIENINFORMATION CONTACT: Chris Hubbard, City Administrator  ITEM TO BE CONSIDERED Subject:  Establishing a Time for the City's Arbor Day Proclamation  Attachment(s): None.  Brief Summary: Action Requested:  National Arbor Day is on Friday, April 26th and the City needs to set a time to publicly hold the proclamation.  Council to establish at time to hold the Arbor Day Proclamation.  ISSUE OVERVIEW  Background Information & Issue Summary:  National Arbor Day is on Friday, April 26th, and the City needs tos set at time to publicly hold the proclamation. Holding these proclamations is one of the requirements for being recognized as a "Tree City" by The Arbor Day Foundation.  Financial Impacts: None  Staff ecommedatonsComens Approve at time to hold the Arbor Day Proclamation