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Ray's Trash Service, Inc/All Depts Ray's Trash Service, Inc. WR et_d 07.07.10- 03 Maintenance Department, Street Department, Carmel Communications, Fire Department, Police Department, Brookshire Golf Course 2010 Appropriation #43- 501.01; P.O. #26970 $1,197.00; P.O. #21435 $2,160.00;P.0.# 26859- $576.00;P.O. #12783 $4,206.00; P.O. #21890 $1,593.00; P.O. #20689 $4,500.00 Contract Not To Exceed $14,232.48 APPROVED, AS TO FORM AGREEMENT FOR PURCHASE OF GOODS AND SERVICES THIS AGREEMENT FOR PURCHASE OF GOODS AND SERVICES "Agreement is hereby entered into by and between the City of Carmel, Indiana, acting by and through its Board of Public Works and Safety "City and Ray's Trash Service, Inc., an entity duly authorized to do business in the State of Indiana "Vendor"). TERMS AND CONDITIONS 1. ACKNOWLEDGMENT, ACCEPTANCE: Vendor acknowledges that it has read and understands this Agreement, and agrees that its execution of same constitutes its acceptance of all of the Agreement's terms and conditions. 2. PERFORMANCE: City agrees to purchase the goods and /or services (the "Goods and Services from Vendor using City budget appropriation number 1205 4350101 funds. Vendor agrees to provide the Goods and Services and to otherwise perform the requirements of this Agreement by applying at all times the highest technical and industry standards. 3. PRICE AND PAYMENT TERMS: 3.1 Vendor estimates that the total price for the Goods and Services to be provided to City hereunder shall be no more than Fourteen Thousand Two Hundred Thirty Two Dollars ($14,232.48) (the "Estimate Vendor shall submit an invoice to City no more than once every thirty (30) days detailing the Goods and Services provided to City within such time period. City shall pay Vendor for such Goods and Services within sixty (60) days after the date of City's receipt of Vendor's invoice detailing same, so long as and to the extent such Goods and Services are not disputed, are in accordance with the specifications set forth in Exhibit A, are submitted on an invoice that contains the information contained on attached Exhibit B, and Vendor has otherwise performed and satisfied all the terms and conditions of this Agreement. 3.2 Vendor agrees not to provide any Goods and Services to City that would cause the total cost of the Goods and Services provided by Vendor to City hereunder to exceed the Estimate, unless City has previously agreed, in writing, to pay an amount in excess thereof. 4. WARRANTY: Vendor expressly warrants that the Goods and Services covered by this Agreement will conform to those certain specifications, descriptions and /or quotations regarding same as were provided to Vendor by City and /or by Vendor to and accepted by City, all of which documents are incorporated herein by reference, and that the Goods and Services will be delivered in a timely, good and workmanlike manner and free from defect. Vendor acknowledges that it knows of City's intended use and expressly warrants that the Goods and Services provided to City pursuant to this Agreement have been selected by Vendor based upon City's stated use and are fit and sufficient for their particular purpose. [Z: \sharal\Prof.Svcs Good, Svc. \Mainlmancc\211 IC \RA}" S TRASH SERVICE Good, d ,,:5/12/2010 I:34 EMI Ray's Trash Service, Inc. Maintenance Department, Street Department, Carmel Communications, Fire Department, Police Department, Brookshire Golf Course 2010 Appropriation #43- 501.01; P.O. #26970 $1,197.00; P.O. #21435 $2,160.00;P.0.# 26859- $576.00;P.O. #12783 $4,206.00; P.O. #21890- $1,593.00; P.O. #20689 $4,500.00 Contract Not To Exceed $14,232.48 5. TIME AND PERFORMANCE: This Agreement shall become effective as of the last date on which a party hereto executes same "Effective Date and both parties shall thereafter perform their obligations hereunder in a timely manner. Time is of the essence of this Agreement. 6. DISCLOSURE AND WARNINGS: If requested by City, Vendor shall promptly furnish to City, in such form and detail as City may direct, a list of all chemicals, materials, substances and items used in or during the provision of the Goods and Services provided hereunder, including the quantity, quality and concentration thereof and any other information relating thereto. At the time of the delivery of the Goods and Services provided hereunder, Vendor agrees to furnish to City sufficient written warning and notice (including appropriate labels on containers and packing) of any hazardous material utilized in or that is a part of the Goods and Services. 7. LIENS: Vendor shall not cause or permit the filing of any lien on any of City's property. In the event any such lien is filed and Vendor fails to remove such lien within ten (10) days after the filing thereof, by payment or bonding, City shall have the right to pay such lien or obtain such bond, all at Vendor's sole cost and expense. 8. DEFAULT: In the event Vendor: (a) repudiates, breaches or defaults under any of the terms or conditions of this Agreement, including Vendor's warranties; (b) fails to provide the Goods and Services as specified herein; (c) fails to make progress so as to endanger timely and proper provision of the Goods and Services and does not correct such failure or breach within five (5) business days (or such shorter period of time as is commercially reasonable under the circumstances) after receipt of notice from City specifying such failure or breach; or (d) becomes insolvent, is placed into receivership, makes a general assignment for the benefit of creditors or dissolves, each such event constituting an event of default hereunder, City shall have the right to (1) terminate all or any parts of this Agreement, without liability to Vendor; and (2) exercise all other rights and remedies available to City at law and /or in equity. 9. INSURANCE AND INDEMNIFICATION: Vendor shall procure and maintain in full force and effect during the term of this Agreement, with an insurer licensed to do business in the State of Indiana, such insurance as is necessary for the protection of City and Vendor from all claims for damages under any workers' compensation, occupational disease and /or unemployment compensation act; for bodily injuries including, but not limited to, personal injury, sickness, disease or death of or to any of Vendor's agents, officers, employees, contractors and subcontractors; and, for any injury to or destruction of property, including, but not limited to, any loss of use resulting therefrom. The coverage amounts shall be no less than those amounts set forth in attached Exhibit C. Vendor shall cause its insurers to name City as an additional insured on all such insurance policies, shall promptly provide City, upon request, with copies of all such policies, and shall provide that such insurance policies shall not be canceled without thirty (30) days prior notice to City. Vendor shall indemnify and hold harmless City from and against any and all liabilities, claims, demands or expenses (including, but not limited to, reasonable attorney fees) for injury, death and /or damages to any person or property arising from or in connection with Vendor's provision of Goods and Services pursuant to or under this Agreement or Vendor's use of City property. [Z: \ham]\Prof.SvLs Goods Svcs\Manoulance\20 10\ AY'S TRASH SERVICE Goods Suvicvc.doc:5 /1220101:14 PM}� Ray's Trash Service, Inc. Maintenance Department, Street Department, Carmel Communications, Fire Department, Police Department, Brookshire Golf Course 2010 Appropriation #43- 501.01; P.O. #26970 $1,197.00; P.O. #21435 $2,160.00;P.O.# 26859- $576.00;P.O. #12783 $4,206.00; P.O. #21890- $1,593.00; P.O. #20689 $4,500.00 Contract Not To Exceed $14,232.48 Vendor further agrees to indemnify, defend and hold harmless City and its officers, officials, agents and employees from all claims and suits of whatever type, including, but not limited to, all court costs, attorney fees, and other expenses, caused by any act or omission of Vendor and /or of any of Vendor's agents, officers, employees, contractors or subcontractors in the performance of this Agreement. These indemnification obligations shall survive the termination of this Agreement. 10. GOVERNMENT COMPLIANCE: Vendor agrees to comply with all federal, state and local laws, executive orders, rules, regulations and codes which may be applicable to Vendor's performance of its obligations under this Agreement, and all relevant provisions thereof are incorporated herein by this reference. Vendor agrees to indemnify and hold harmless City from any loss, damage and /or liability resulting from any such violation of such laws, orders, rules, regulations and codes. This indemnification obligation shall survive the termination of this Agreement. 11. NONDISCRIMINATION: Vendor represents and warrants that it and all of its officers, employees, agents, contractors and subcontractors shall comply with all laws of the United States, the State of Indiana and City prohibiting discrimination against any employee, applicant for employment or other person in the provision of any Goods and Services provided by this Agreement with respect to their hire, tenure, terms, conditions and privileges of employment and any other matter related to their employment or subcontracting, because of race, religion, color, sex, handicap, national origin, ancestry, age, disabled veteran status and /or Vietnam era veteran status. 12. NO IMPLIED WAIVER: The failure of either party to require performance by the other of any provision of this Agreement shall not affect the right of such party to require such performance at any time thereafter, nor shall the waiver by any party of a breach of any provision of this Agreement constitute a waiver of any succeeding breach of the same or any other provision hereof. 13. NON- ASSIGNMENT: Vendor shall not assign or pledge this Agreement, whether as collateral for a loan or otherwise, and shall not delegate its obligations under this Agreement without City's prior written consent. 14. RELATIONSHIP OF PARTIES: The relationship of the parties hereto shall be as provided for in this Agreement, and neither Vendor nor any of its officers, employees, contractors, subcontractors and agents are employees of City. The contract price set forth herein shall be the full and maximum compensation and monies required of City to be paid to Vendor under or pursuant to this Agreement. 15. GOVERNING LAW; LAWSUITS: This Agreement is to be construed in accordance with and governed by the laws of the State of Indiana, except for its conflict of laws provisions. The parties agree that, in the event a lawsuit is filed hereunder, they waive their right to a jury trial, agree to file any such lawsuit in an appropriate court in Hamilton County, Indiana only, and agree that such court is the appropriate venue for and has jurisdiction over same. [Z:\,h,r 1 rotSv, Good, SvcAMaimenance12010\RAY S TRASH SERVICE Good Servic. .doc:5 /12/2010 1:34 PM Ray's Trash Service, Inc. Maintenance Department, Street Department, Carmel Communications, Fire Department, Police Department, Brookshire Golf Course 2010 Appropriation #43- 501.01; P.O. #26970 $1,197.00; P.O. #21435 $2,160.00;P.O.# 26859- $576.00;P.O. #12783 $4,206.00; P.O. #21890 $1,593.00; P.O. #20689 $4,500.00 Contract Not To Exceed $14,232.48 (Z:kharcrlAProfSvcs Goods Svcs Vvlaimolmlce120I IR2AY'S TRASH SERVICE Goods Se vices.doc5 /12/2010 1:34 PMI Ray's Trash Service, Inc. Maintenance Department, Street Department, Carmel Communications, Fire Department, Police Department, Brookshire Golf Course 2010 Appropriation #43- 501.01; P.O. #26970 $1,197.00; P.O. #21435 $2,160.00;P.0.# 26859- $576.00;P.0. #12783- $4,206.00; P.O. #21890 $1,593.00; P.O. #20689 $4,500.00 Contract Not To Exceed $14,232.48 16. SEVERABILITY: If any term of this Agreement is invalid or unenforceable under any statute, regulation, ordinance, executive order or other rule of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with same, and the remaining provisions of this Agreement shall remain in full force and effect. 17. NOTICE: Any notice provided for in this Agreement will be sufficient if it is in writing and is delivered by postage prepaid U.S. certified mail, return receipt requested, to the party to be notified at the address specified herein: If to City: City of Carmel One Civic Square Carmel, Indiana 46032 ATTN: Jeff Barnes AND Douglas C. Haney, City Attorney, Department of Law One Civic Square Carmel, Indiana 46032 If to Vendor: Ray's Trash Service, Inc. Drawer 1 Clayton, Indiana 46118 Telephone: 317- 539 -2024 E -Mail: ATTENTION: Notwithstanding the above, notice of termination under paragraph 18 hereinbelow shall be effective if given orally, as long as written notice is then provided as set forth hereinabove within five (5) business days from the date of such oral notice. 18. TERMINATION: 18.1 Notwithstanding anything to the contrary contained in this Agreement, City may, upon notice to Vendor, immediately terminate this Agreement for cause, in the event of a default hereunder by Vendor and /or if sufficient funds are not appropriated or encumbered to pay for the Goods and Services to be provided hereunder. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount representing conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. [Z:'shared\ProfSvcs Goods Svcs 'Mmno ance\2010&RAY'S TRASH SERVICE Goods Sulam. .doc:5 /12/2010 1:34 PM[� Ray's Trash Service, Inc. 'Maintenance Department, Street Department, Carmel Communications, Fire Department, Police Department, Brookshire Golf Course 2010 Appropriation #43- 501.01; P.O. #26970 $1,197.00; P.O. #21435 $2,160.00;P.O.# 26859- $576.00;P.O. #12783 $4,206.00; P.O. #21890- $1,593.00; P.O. #20689 $4,500.00 Contract Not To Exceed $14,232.48 18.2 City may terminate this Agreement at any time upon thirty (30) days prior notice to Vendor. In the event of such termination, Vendor shall be entitled to receive only payment for the undisputed invoice amount of conforming Goods and Services delivered as of the date of termination, except that such payment amount shall not exceed the Estimate amount in effect at the time of termination, unless the parties have previously agreed in writing to a greater amount. 19. REPRESENTATIONS AND WARRANTIES The parties represent and warrant that they are authorized to enter into this Agreement and that the persons executing this Agreement have the authority to bind the party which they represent, 20. ADDITIONAL GOODS AND SERVICES Vendor understands and agrees that City may, from time to time, request Vendor to provide additional goods and services to City. When City desires additional goods and services from Vendor, the City shall notify Vendor of such additional goods and services desired, as well as the time frame in which same are to be provided. Only after City has approved Vendor's time and cost estimate for the provision of such additional goods and services, has encumbered sufficient monies to pay for same, and has authorized Vendor, in writing, to provide such additional goods and services, shall such goods and services be provided by Vendor to City. A copy of the City's authorization documents for the purchase of additional goods and services shall be numbered and attached hereto in the order in which they are approved by City. 21. TERM Unless otherwise terminated in accordance with the termination provisions set forth in Paragraph 18 hereinabove, this Agreement shall be in effect from the Effective Date through December 31, 2010, and shall, on the first day of each January thereafter, automatically renew for a period of one (1) calendar year, unless otherwise agreed by the parties hereto. 22. HEADINGS All heading and sections of this Agreement are inserted for convenience only and do not form a part of this Agreement nor limit, expand or otherwise alter the meaning of any provision hereof. 23. BINDING EFFECT The parties, and their respective officers, officials, agents, partners, successors, assigns and legal representatives, are bound to the other with respect to all of the covenants, terms, warranties and obligations set forth in Agreement. 24. NO THIRD PARTY BENEFICIARIES This Agreement gives no rights or benefits to anyone other than City and Vendor. 25. ADVICE OF COUNSEL: The parties warrant that they have read this Agreement and understand it, have had the opportunity to obtain legal advice and assistance of counsel throughout the negotiation of this Agreement, and enter into same freely, voluntarily, and without any duress, undue influence or coercion. [Z: \hared\Prol:Svcs Goods Sv, Nahllalancc\2OIO\RAS "S TRASH SERVICE Good. Servu.. .dot. 5 /12/2010 134 PMy Ray's Trash Service, Inc. Maintenance Department, Street Department, Carmel Communications, Fire Department, Police Department, Brookshire Golf Course 2010 Appropriation #43- 501.01; P.O. #26970 $1,197.00; P.O. #21435 $2,160.00;P.0.# 26859- $576.00;P.O. #12783 $4,206.00; P.O.# 21890 $1,593.00; P.O. #20689 $4,500.00 Contract Not To Exceed $14,232.48 26. ENTIRE AGREEMENT: This Agreement, together with any exhibits attached hereto or referenced herein, constitutes the entire agreement between Vendor and City with respect to the subject matter hereof, and supersedes all prior oral or written representations and agreements regarding same. Notwithstanding any other term or condition set forth herein, but subject to paragraph 16 hereof, to the extent any term or condition contained in any exhibit attached to this Agreement or in any document referenced herein conflicts with any term or condition contained in this Agreement, the term or condition contained in this Agreement shall govern and prevail. This Agreement may only be modified by written amendment executed by both parties hereto, or their successors in interest. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as follows: CITY OF CARMEL, INDIANA RAY'S TRASH SERVICE, INC. by and through its Board of Public Works and Safety By: By: o/ mes drainar Presiding is Authorized Signature Date P rinted Name Mary A Burke Member 11 Date: :2� �d e Title Lori S. atso ember FID/TIN: Date: 1 r n SSN if Sole Proprietor: ATTEST: Date: 5- I 0 Diana Cordray, IAMC, 0,,er Treasurer Date: '1 —"Z 1(7 [Z.Vhar, jWrofSvc. Ganda SvcAVdamt ,rn,R'\20 I O1RRA V'S TRASH SERVICE Goods Savicr..doc:5 /12/2010 134 PM}, RAY'S TRASH SERIVICE, INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CUV OMER NAME: CUS )jOMER NAME: STREET NUMBER: STREET NUMBER: STREET NAME: ..Cv-'(4 l .(r e STREET NAME: 1.1_ CITY: STATE: CITY: r STATE: /Ma ZIP: 42 as PHONE: J 7 S '7 a go ZIP: PHONE: /7 EMAIL: EMAIL: CONTACT: ,4 CONTACT: r 4/ NUMBER OF INVOIC "PI P D: NUMBER OF INV rCE 'QUIRED: COUNTY GL1N- t1.CB��T WNSHIP: Service Description Cont. Vol Comp On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Qty. Size Code Freq P P Y E9 F g C,o YD A '4? g 9 75- YD YD YD OTHER SERVICE: J OTHER CHANGES: DELIVERY DATE: /I/ SPECIAL INSTRUCTIONS: TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the C and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. ©/VE GJ Term. This initial term (the "Initial Term of this Agreement is f19o'eass fro the date of Ray's Trash Service, Inc.'s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successiv (The "Renewal Term thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount of equipment, the frequency of service, and correspondingchanges in rates, may be changed by the parties, either irxvriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous west collection and disposal services during the term of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies beymd its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signingkis Agreement on behalf of Customer via either handwrittn or electronic signature, acknowledges that he or she has read and understands the terms and conditions cf this Agreement and that he or she has the authority to sign the Agreement on behalf of Customer. The undersigned individual, if signinsjris agreement via electronic signature, affirmatively representthat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. Date of Agreement: Effective Service Date: f j 6-D/0 The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement d that he or she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: �r.� RAY'S TRASH SERVICE, INC. PRINT NAME RE).66 tl 9 I IT c(ti EXECUTED BY: AND TITLE: RAY'S TRASH SERIVICE, INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CU OMER NAME: CU OMER NAME: s /AA iii ri� STREET NUMBER: D STREET NUMBER: STREET NAME: MEWL STREET NAME: W/V1/7 W A CITY: j 4), STATE: CITY: STATE: ZIP: I F I T I Z E PHONE, p r e ZIP: a t W Z PHONE /7 9/J VDO EMAIL: EMAIL: (-k i CONTACT: r 1 CONTACT: NUMBER OF INVOIC D: NUMBER OF INVO S EQUIRED: COUNTY: 'TOWNSHIP: Service Description Cont. Vol On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Char Qty• Size Code Freq Comp p Y p g YD YD YD YD OTHER SERVICE: j OTHER CHANGES: DELIVERY DATE: it SPECIAL INSTRUCTIONS: NSW r TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Rays Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. Term. This initial term (the "Initial Term of this Agreement is five years from the date of Ray's Trash Service, Inc.'s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successive five year terms (The "Renewal Term") thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount cf equipment, the frequency of service, and correspondingchanges in rates, may be changed by the parties, either irwriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. provides collection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous wag collection and disposal services during the term of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies beyad its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signing kis Agreement on behalf of Customer via either handwrian or electronic signature, acknowledges that he or she has read and understands the tens and conditions d' this Agreement and that heor she has the authority to sign the Agreement on behalf of Customer. The undersigned individual, if signin);ftis agreement via electronic signature, affirmatively representthat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. Date of Agreement: Effective Service Date: lrfh 1 .1-0/0 The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement an at he or she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: RAY'S TRASH SERVICE, INC. BY (SIGNATURE): 0y PRINT NAME 1 EXECUTED BY: 2 i AND TITLE: RAY'S TRASH SERIVICE INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CU TOMER NAME: CUSTOMER NAME: a' 111 dl.. At. A "..;i' .r %'i STREET NUMBER: STREET NUMBER: STREET NAME: S\ 0/14.-e— kV STREET NAME: r CITY: STATE: CITY: STATE:l ZIP: (O D PHONE J ZIP: 7 PHONE: /7 -5i A `/O EMAIL: EMAIL: CONTACT: CONTACT: NUMBER OF INVOIC I D: NUMBER OF INV S 'i _UIRED: COUNTY' !>Y TOWNSHIP: (r Service Description Cont. Vol Comp On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Qty. Size Code Freq P P Y E9 P g YD YD YD OTHER SERVICE: OTHER CHANGES: DELIVERY DATE: S'EC INSTRUCTIONS: 4 ice. i. .fL% e TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein, Term. This initial term (the "Initial Term of this Agreement is five years from the date of Ray's Trash Service, Inc.'s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successive five year terms (The "Renewal Term") thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount cf equipment, the frequency of service, and correspondingchanges in rates, may be changed by the parties, either hawking or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous ware collection and disposal services during the term of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies beyad its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signing his Agreement on behalf of Customer via either handwriren or electronic signature, acknowledges that he or she has read and understands the terms and conditions cf this Agreement and that he or she has the authority to sign the Agreementon behalf of Customer. The undersigned individual, if signindtis agreement via electronic signature, affirmatively representthat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. n Date of Agreement: Effective Service Date: The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or she has read and understands the terms and conditions of his Agreement an at he for she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: RAY'S TRASH SERVICE, INC. BY (SIGNATURE): 6R 1T 99 PRINT NAME EXECUTED BY: AND TITLE: RAY'S TRASH SERIVICE, INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CUST IV NAME: CU TOMER NAME: STREET NU TER: STREET NUMBER: STREET NAME: j� t1 4 Lf STREET NAME: CITY: STATE: CSEs CITY: STATE: ZIP: (C' n PHONE3) 7 5'7/ 4 Lf g ZIP: PHONE 0 EMAIL: EMAIL: CONTACT: CONTACT: W.:..' NUMBER OF INVOICE D: NUMBER OF INVOI Q IRED: COUNTY TOWNSHIP: Service Description Cont. Vol Comp On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Size Code Freq P P ui Charges Equip. YD W� /A. D7 YD YD YD OTHER SERVICE: M n OTHER CHANGES: DELIVERY DATE: 10) A SPECIAL INSTRUCTIONS: A_ ,I V 1 1 I TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Cu Comer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. 7 11 5 472 o 0%16 Term. This initial term (the "Initial Term of this Agreement tsfs e of y's rash Service, Inc.'s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successivw s. (The "Renewal Term thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the inifal term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harness Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount d equipment, the frequency of service, and correspondingchanges in rates, may be changed by the parties, either irwriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous wale collection and disposal services during the term of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies beyod its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signing Isis Agreement on behalf of Customer via either handwriten or electronic signature, acknowledges that he or she has read and understands the terms and conditions cf this Agreement and that he or she has the authority to sign the Agreementon behalf of Customer. The undersigned individual, if signingtis agreement via electronic signature, affirmatively represerstlhat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. �7'�( Date of Agreement: Effective Service Date`G ar{d l /t7 The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement that hi or she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: l� RAY'S TRASH SERVICE, INC. BY (SIGNATURE): PRINT NAME EXECUTED BY: AND TITLE: RAY'S TRASH SERIVICE, INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CUSTOMER NAME: CUSTOMER NAME: l�`, _..11-Aliataa....- a rn gj :40 1 STREET N r BER. armi STREET NUMBER: (p STREET NAME: �L `I,� i STREET NAME: /1,60-M. CITY: STATE:C CITY: STATE: ZIP: PHONE; f 1 1 7 1 8 k ZIP: (OI'23 „1 PHONE:4/ 7 5 7J oq j25 EMAIL: EMAIL: CONTACT: 3 v-vn ecL) CONTACT: ,r j '11/' a NUMBER OF INVOICES Q ii D: NUMBER OF MVO S u UIRED: COUNTY! /1/7Y1. TOWNSHIP: Service Description Cont. Vol Comp On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Size Code Freq P P Y E9 P es g f- f YD J r W.5 -J`?) YD YD YD OTHER SERVICE: j n f-C OTHER CHANGES: DELIVERY DATE: /v/ SPECIAL INSTRUCTIONS: .,r 411111. f TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. /40 /p ?W Term. This initial lens (the "Initial Term of this Agreemelff is s m th da o 7s Trash Service, Inc.'s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successive framajieal kei he "Renewal Term") thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such tmcks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount of equipment, the frequency of service, and corespondinaphanges in rates, may be changed by the parties, either iavriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous west collection and disposal services during the term of thiskgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform a delay in performance hereunto due to contingencies bayed its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signingkis Agreement on behalf of Customer via either handwriten or electronic signature, acknowledges that he or she has read and understands the terms and conditions d' this Agreement and that he or she has the authority to sign the Agreement on behalf of Customer. The undersigned individual, if signinghis agreement via electronic signature, affirmatively represermithat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. Date of Agreement: Effective Service Date( 7 i- f /Q The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the teens and conditions of his Agreement hat he o r she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: 1 RAY'S TRASH SERVICE, INC. BY (SIGNATURE): s�, ��'�E�,'�' PRINT NAME EXECUTED BY: �L AND TITLE: RAY'S TRASH SERIVICE INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CUST E,R NAME: C STOMER NAME: J �t��L' /�7J,►� Ii _AI A l/I1'� '1eL STREET NUM :'Ii' STREET NUMBER: STREET NAME: 0.1.:;12.4.:0_/ 4 STREET NAME: J D J CITY: DID STATE:. CITY: /AI STATE: ZIP: PHONF3 J J' 67)° o? i} yic ZIP: N 1 PHONE: /7!7 EMAIL: EMAIL: CONTACT: CONTACT: NUMBER OF INVOICES QUIT P NUMBER OF IN 'SIC REQUIRED: COUNT TOWNSHIP: Service Description Cont. Vol Comp On CaII Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Size Code Freq P P Y E4 P es 1 YD g YD YD YD OTHER SERVICE: OTHER CHANGES: DELIVEE DATE: A)/4 SPECIAL INSTRUCTIONS: .r 4 .1 i J 4l' TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. �%�%��11 //JJ����� /y f-f�y 171-1k 1Q /�CLI/ Term. This initial term (the "Initial Term of this Agreement aea'h'o he d e ort�Ray's Trash Service, Inc. s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successive (The Renewal Tenn") thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount d equipment, the frequency of service, and correspondinghanges in rates, may be changed by the parties, either irwriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. provides collection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous west collection and disposal services during the term of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform a delay in performance hereunto due to contingencies beyad its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signing kis Agreement on behalf of Customer via either handwrittn or electronic signature, acknowledges that he or she has read and understands the terms and conditions cf this Agreement and that he or she has the authority to sign the Agreementon behalf of Customer. The undersigned individual, if signindtis agreement via electronic signature, affirmatively representthat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. Date of Agreement: Effective Service Date: J r (9./7/1e) The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement that hE or she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: RAY'S TRASH SERVICE, INC BY (SIGNATURE): PRINT NAME f I I T 99 EXECUTED BY: �e/A% �t ir�1 AND TITLE: RAY'S TRASH SERIVICE, INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CUS OMER NAME: C TOMER NAME: /4, STREET NU BER: 4.� iP' STREET NUMBER: STREET NAME: Cam t4 1 ,/411.44' STREET NAME: f}� J )6=t. CITY: STATE: 4 CITY: _ezelizni_t_t_ STATE: ZIP: PHONE: e, ZIP: 1410 Oa-2 PHONE 5'7/_ a iOQ EMAIL: EMAIL: CONTACT: L 6 1 ...ail CONTACT: NUMBER OF INVOI IRED: NUMBER OF INVOICES REQUIRED: COUNTY: WNSHIP: Service Description Cont. Vol Comp On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Size Code Freq P P Y E9 P es g YD LIY l0 YD YD YD OTHER SERVICE: l OTHER CHANGES: DELIVERY DATE: /1/ /A SPECIAL INSTRUCTIONS: 4 TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the teens of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. 5 Term. This initial term (the' Initial Term of this Agreement the at of Ray's Trash Service, Inc.'s equipment is delivered to Customer's location on Service Date This Agreement shall automatically renew for successive (The "Renewal Term") thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount d' equipment, the frequency of service, and correspondingrhanges in rates, may be changed by the parties, either irwriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous was[ collection and disposal services during the term of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies beyed its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signingkis Agreement on behalf of Customer via either handwriten or electronic signature, acknowledges that he or she has read and understands the terms and conditions of this Agreement and that he or she has the authority to sign the Agreement on behalf of Customer. The undersigned individual, if signinsis agreement via electronic signature, affirmatively represerrtthat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. Date of Agreement: Effective Service Date: 4 The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement at hlor she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: kl(1 A RAY'S TRASH SERVICE, INC. BY (SIGNATURE): 6 I T v) PRINT NAME EXECUTED BY: M f AND TITLE: RAY'S TRASH SERIVICE INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CUST e MER NAME: CU TOMER NAME: STREET NU t ER: STREET NUMBER: 4L STREET NAME: STREET NAME: CITY: STATE: CITY: I STATE: ZIP: 6 PHONE: /7. 5 -7 7/ ?i/ 4fg ZIP: L it,) PHONE;A /7— Jr7/ 41/)/) EMAIL: EMAIL: CONTACT: yam CONTACT: Ue jyul NUMBER OF INVOICES E• D: NUMBER OF IN IC ShREQUIRED: COUNTY: %`F- TOWNSHIP: Service Description Cont. Vol Comp On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Size Code Freq P P Y E9 P es g YD Sa 5 YD YD YD OTHER SERVICE: /1)/4 OTHER CHANGES: DELIVERY DATE: 1 SPECIAL INSTRUCTIONS: 01 J TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Rays Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. �f� Term. This initial term (the "Initial Term of this Agreemen ?T.�k��j4EAN9m t date o y's Trash ervtce, nc. s equipment is delivered to Customer's location on ("Effective Service Date This Agreement shall automatically renew for successive:5emmailea6is (The "Renewal Term thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Materiel Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly tlammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Set Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount cf equipment, the frequency of service, and correspondinghanges in rates, may be changed by the parties, either irwriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous west collection and disposal services during the tens of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies bey.d its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signinghis Agreement on behalf of Customer via either handwrittn or electronic signature, acknowledges that he orshe has read and understands the terms and conditions d this Agreement and that heor she has the authority to sign the Agreementon behalf of Customer. The undersigned individual, if signinghis agreement via electronic signature, affirmatively represernthat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. Date of Agreement: Effective Service Date: J �0/ The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement at he o /she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: RAY'S TRASH SERVICE, INC. BY (SIGNATURE): 66 EXii1BIT PRINT NAME EXECUTED BY: AND TITLE: RAY'S TRASH SERIVICE INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CUST MER NAME: CU TOMER NAME: .d,Lvrv► n.e L Zw J1 L-' (2 STREET NUMBER: STREET NUMBER: STREET NAME: STREET NAME: CITY: STATE: CITY: STATE: ZIP: 3 PHONE:A 7 t -j /-Ig ZIP: li/) J) PHONE: EMAIL: EMAIL: CONTACT: ter CONTACT: v NUMBER OF INVOICES Ire U T NUMBER OF INV S Ir UIRED: COUNT TOWNSHIP: Service Description Cont. Vol Comp On CaII Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Size Code Freq P P Y P es g I YD 2 q YD YD YD OTHER SERVICE: OTHER CHANGES: DELIVERY DATE: N //4 SPECIAL INSTRUCTIONS: ,I j TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. Term. This initial term (the "Initial Term of this Agreement is five years from the date of Ray's Trash Service, Inc.'s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successive five year terms (The "Renewal Term") thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flammable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount d' equipment, the frequency of service, and correspondingghanges in rates, may be changed by the parties, either irwriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous west collection and disposal services during the tens of thisAgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies beyod its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signing his Agreement on behalf of Customer via either handwriten or electronic signature, acknowledges that he orshe has read and understands the terms and conditions d this Agreement and that he or she has the authority to sign the Agreementon behalf of Customer. The undersigned individual, if signingtis agreement via electronic signature, affirmatively represerathat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. —ry Date of Agreement: Effective Service Date: C7 0 The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement at he of she has the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: RAY'S TRASH SERVICE, INC. BY (SIGNATURE): PRINT NAME i ��Q r EXECUTED BY: i AND TITLE: RAY'S TRASH SERIVICE INC. Drawer I Clayton, IN 46118 317 -539 -2024 SERVICE AGREEMENT NON HAZARDOUS WASTE Account Number: New Account Reinstate Customer Other Change New Service Location Change Service Level BILLING INFORMATION SERVICE LOCATION INFORMATION CU TOMER NAME: CUSTOMER NAME: -1_L /fit 4 AL: .IItiL-;-..■ 1 'lf.Silr .i STREET NUMBER: STREET NUMBER: ror2q STREET NAME: I 4 STREET NAME: L a 411. 4 CITY: STATE:' CITY: e STATE: ZIP: PHONE:e5 /7y'61/ o`lY4' ZIP: 9� R�G �i� PHONE: f 5. j -,1400 EMAIL: EMAIL: CONTACT: J -4 CONTACT: C`� P�j/� Q NUMBER OF INVOICE TM U D: NUMBER OF INVO S Q IRED: COUNT TOWNSHIP: Service Description Cont. Vol On Call Min. Haul Rate Pickup/Rate RO FL RL HP Monthly Equip. Charges Char Qh Size Code Freq Comp P y gy g 1 g YD YD YD YD OTHER SERVICE: OTHER CHANGES: DELIVERY DATE: s 3 -/e) SPECIAL INSTRUCTIONS: dind. 1 TERMS AND CONDITIONS Services Rendered. Customer grants to the undersigned (Ray's Trash Service, Inc.) the exclusive right to collect and dispose of all Customer's Waste Materials (which include recyclable materials) and agrees to make the payments as provided for herein and Ray's Trash Service, Inc. agrees to provide such services and equipment specified above, all in accordance with the terms of this agreement. Binding Effect. This Agreement is a legally binding contract on the part of both Ray's Trash Service, Inc. and the Customer and their respective heirs, successors and assigns in accordance with the terms and conditions set out herein. Term. This initial term (the "Initial Term of this Agreement is five years from the date of Ray's Trash Service, Inc.'s equipment is delivered to Customer's location on "Effective Service Date This Agreement shall automatically renew for successive five year terms (The "Renewal Term") thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty (60) days prior to the termination of the iniial term or any renewal term. Payments. Customer shall pay Ray's Trash Service, Inc. on a monthly basis for the service and/or equipment provided through Ray's Trash Service, Inc. in accordance with the charges and rates provided herein. Payments shall be made by Customer to Ray's Trash Service, Inc. within fifteen (15) days of the receipt of an invoice from Ray's Trash Service, Inc. Ray's Trash Service, Inc. may impose and Customer agrees to pay a late fee for all past due payments, such late fee not to exceed the maximum rate for some allowed by applicable law. In the event it is necessary for Ray's Trash Service, Inc. to commence formal action to collect any past due payments or other charges and amounts owing by Customer under this Agreement, Ray's Trash Service, Inc. shall be entitled to recover all costs of collection, including reasonable attorney's fees, in addition to all other available remedies. Waste Material. The Waste Material to be collected and disposed of by Ray's Trash Service, Inc. pursuant to this Agreement is all solid waste (including recyclable materials) generated by Customer (the "Waste Material Waste Material specifically excludes and Customer agrees not to deposit within Ray's Trash Service, Inc. equipment or place for collection by Ray's Trash Service, Inc. any radioactive, volatile, corrosive, highly flanunable, explosive, biomedical, infectious, biohazardous, toxic or hazardous material as defined by applicable federal, state, provincial or local laws or regulations "Excluded Waste Title: Ray's Trash Service, Inc., shall acquire title to the Waste Material when it is loaded onto a truck provided through Ray's Trash Service, Inc. Title to and liability for any Excluded Waste shall remain with Customer and Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. and its affiliates from and against any and all damages, penalties, fines and liabilities resulting from or arising out of the deposit of Excluded Waste in any such trucks,containers or other equipment. Liability for Equipment: Customer acknowledges that it has the care, custody and control of equipment owned by Ray's Trash Service, Inc. and accepts responsibility and liability for the equipment and its contents except when it is being physically handled by employees of Ray's Trash Service, Inc. and its affiliates. Therefore, Customer expressly agrees to defend, indemnify and hold harmless Ray's Trash Service, Inc. from and against any and all claims for loss or damage to property, or injury to or death of person or persons, resulting from or arising in any manner out of Customer's use, operation or possession of any equipment furnished under this agreement. Damage to Pavement: Customer acknowledges that Ray's Trash Service, Inc. and its affiliates shall not be liable for any damages to pavement, curbing or driving surface resulting from trucks servicing an agreed upon area. Rate Adjustments: Because disposal and fuel costs constitute a significant portion of the cost of Ray's Trash Service, Inc. services provided hereunder, Customer agrees that Ray's Trash Service, Inc. may increase the rates hereunder proportionally to adjust for any increase in such costs or any increases in transportation costs due to changes in location of the disposal facility. Customer agrees that Ray's Trash Service, Inc. may also increase the rates from time to time to adjust for increases in the Consumer Price Index, and Customer agrees that Ray's Trash Service, Inc. may also proportionately pass through to Customer increases in the average weight per container yard of the Customer's Waste Materials, increases in Ray's Trash Service, Inc. costs due to changes in local, state or federal rules, ordinances or regulations applicable to Ray's Trash Service, Inc.'s operations or the services provided hereunder, and increases in taxes, fees or other governmental charges assessed against or passed through to Ray's Trash Service, Inc. (other than income or real property taxes). Service Changes: The type, size and amount of equipment, the frequency of service, and corresponding;hanges in rates, may be changed by the parties, either irwriting or by the practices and actions of theparties, without affecting the validity of this Agreement. This Agreement shall continue in effect for the term provided herein and shall apply to changes of service address location of the Customer within the area in which Ray's Trash Service, Inc. providescollection service. Opportunities to Provide Additional Services: Ray's Trash Service, Inc. values the opportunity to meet all of Customer's nonhazardous waste collection and disposal needs. Customer will provide Ray's Trash Service, Inc. the opportunity to meet those needs and to provide, on a competitive basis, any additional nonhazardous west collection and disposal services during the term of thiskgreement. Excused Performance: Neither party hereto shall be liable for its failure to perform o delay in performance hereunto due to contingencies beyed its reasonable control including, but not limitedo, strikes, riots, fires and acts of God. Assignment: Neither party shall assign his Agreement without the prior written consent of either party, except that Ray's Trash Service, Inc. without Customer's consent may assign this agreement to any affiliate of Ray's Trash Service, Inc. or its successor. Entire Agreement: The undersigned individual, signinglais Agreement on behalf of Customer via either handwristn or electronic signature, acknowledges that he or she has read and understands the terms and conditions d this Agreement and that he or she has the authority to sign the Agreementon behalf of Customer. The undersigned individual, if signingris agreement via electronic signature, affirmatively represerothat the signature herein is his or her own and understands that an electronic signature shall be treated as if signed in the Customer's own handwriting to the fullest extent allowed by law. Customer consents to the retention of any and all identifying data related to the electronic signature. Date of Agreement: Effective Service Date: p2 .O/ 0 The undersigned individual signing this Agreemenon behalf of Customer acknowledges that he or shehas read and understands the terms and conditions of his Agreement and he or shfehas the authorityto sign the Agreement on behalf of Customer. TERMS: NET 15 DAYS CUSTOMER NAME: RAY'S TRASH SERVICE, INC. PRINT NAME i6 of I0 l 99 EXECUTED BY: AND TITLE: a s TRASH SERVICE DRAWER I CLAYTON, IN 46118 (317) 539 -2024 (800) 531 -6752 www.raystrash.com April 21, 2010 Brookshire Golf Course c/o City of Carmel Attn: Pam Lister 12120 Brookshire Parkway Carmel, IN 46033 Dear Pam: Please find below the Scope of Work that Ray's is currently providing for Brookshire Golf Course. One (1) 8 yard container emptied two (2) days per week Current Cost: $157.00 per month One (1) 90- gallon toter for recycling emptied one (1) day per week Current Cost: $16.05 per month Ray's is currently charging a 3% fuel surcharge for commercial services. One (1) 10 yard open top roll off container for solid fill emptied on an on -call basis Haul fee: $135.00 per haul Disposal: $5.00 per yard Current Fuel surcharge: $5.00 per haul Please note, due to fluctuations in energy costs, our fuel surcharge may change as needed. Sincerely, /A4 Todd Hunter Sales Manager "EXHIBIT