COLLECTION AND DISPOSAL OF RESIDENTIAL SOLID WASTE INCLUDING RESIDENTIAL YARD WASTE AND WHITE GOODS WITHIN THE CITY LIMITS OF LAFAYETTE AND THE RURAL AREAS OF THE PARISH OF LAFAYETTE FOR THE LAFAYETTE CONSOLIDATED GOVERNMENT


§ 1.0. DEFINITIONS OF TERMS INCLUDED IN THIS CONTRACT
§ 2.0. DEFINITIONS OF ITEMS EXCLUDED FROM THIS CONTRACT
§ 3.0. SCOPE OF WORK
§ 4.0. COLLECTION OPERATIONS - GENERAL PROVISIONS
§ 5.0. BASIS OF PRICES AND METHOD OF PAYMENT
§ 6.0. SECURITY FOR PERFORMANCE AND PAYMENT
§ 7.0. COMPLIANCE WITH LAWS
§ 8.0. NON-DISCRIMINATION
§ 9.0. RISK ALLOCATION AND INDEMNITY
§ 10.0. LICENSES AND TAXES
§ 11.0. FORCE MAJEURE
§ 12.0. ASSIGNMENT OF CONTRACT
§ 13.0. NON-EXCLUSIVE CONTRACT
§ 14.0. TERMINATION
§ 15.0. TITLE TO WASTE AND RECYCLABLE MATERIALS
§ 16.0. CONTRACTOR'S PROPERTY
§ 17.0. NEWLY DEVELOPED AREAS
§ 18.0. MISCELLANEOUS TERMS

THIS CONTRACT, made and entered into this 30th day of September, 2008, by and between the LAFAYETTE CITY-PARISH CONSOLIDATED GOVERNMENT (hereinafter called "LCG"), here represented by its duly elected and acting City-Parish President, L. J. Durel, Jr., and BFI WASTE SERVICES, L.L.C., dba Allied Waste Services of Acadiana, a Delaware Limited Liability Company qualified to do and actually doing business in the State of Louisiana (hereinafter called "Contractor"), herein represented by Rusty Waldrup, its duly qualified and acting Agent.

WITNESSETH THAT in consideration of the covenants and agreements herein contained, to be performed by the parties hereto and of the payments hereinafter agreed to be made, it is mutually agreed as follows:

1.

Contractor is hereby granted the non-exclusive franchise, license and privilege within the territorial jurisdiction of LCG and shall furnish all personnel, labor, equipment, trucks, and all other items necessary to collect waste materials during the term of this Contract for the following areas:

□Residential Units

□Special Events

2.

The following documents are hereby expressly incorporated herein as fully as if set forth verbatim in this Contract:

a.

Exhibit A - Insurance Requirements

b.

Exhibit B - Contractor's Pricing and Services

c.

Exhibit C - Base Residential Rate Adjustment

d.

Exhibit D - Corporate Guaranty

e.

Exhibit E - Contractor's Performance Bond

f.

Exhibit F - Notice Requirements

g.

Exhibit G - Special Event Summary

3.

All provisions of this Contract shall be strictly complied with and conformed to by Contractor, and no amendment to this Contract shall be made except upon written consent of the parties. No amendment shall be construed to release either party from any obligation of this Contract except as specifically provided for in such amendment.

4.

The initial term of this Contract shall be from November 1, 2008 (the "Effective Date") until October 31, 2013.

5.

The initial term of this Contract may, at the option of LCG (with the prior approval of the City-Parish Council by resolution), be extended for a single additional term of five (5) years from the initial expiration date of this Contract. In the event that LCG desires to extend the term of this Contract for an additional term of five (5) years, and upon approval of the City-Parish Council by resolution, it shall so notify Contractor in writing not later than one hundred eighty (180) days from the initial expiration date of the Contract.

IN WITNESS HEREOF, L.J. Durel, Jr., the City-Parish President of the Lafayette City-Parish Consolidated Government, hereunto subscribed his name, and Rusty Waldrup, Authorized Agent of BFI Waste Services, LLC, has also hereunto subscribed his name on the days and dates set forth after their various signatures.

WITNESSES: Lafayette City-Parish Consolidated Government
_________________________ BY: ________________________________
 L. J. Durel, Jr.
 Lafayette City-Parish President
_________________________ ON: September 30, 2008
WITNESSES: Contractor: BFI Waste Services, LLC
_________________________ BY:_________________________________
 Rusty Waldrup
 Market Vice President, Houston District
_________________________ ON: September 30, 2008

 

THUS DONE AND SIGNED in the presence of witnesses whose names are inscribed opposite each respective signature on and as of the 30th day of September, 2008.

WITNESS MY HAND AND SEAL OF OFFICE

/s/ _______ NOTARY PUBLIC

   

Printed name: _______

Notary Number: _______

My Commission Expires: _______

GENERAL SPECIFICATIONS

GENERAL SPECIFICATION>