Agenda 03/22/2011 Item #16E2
3/22/2011 Item 16.E.2.
EXECUTIVE SUMMARY
Recommendation to acknowledge and approve the transfer of ownership from Choice
Environmental Services, Inc. to Swisher Hygiene, Inc. d/b/a Choice Environmental
Services, Inc. as it relates to Contract #09-5319 for solid waste, recyclable materials, and
yard trash collection services.
OBJECTIVE: That the Board of County Commissioners (Board) acknowledges and approves
the transfer of ownership from Choice Environmental Services, Inc. to Swisher Hygiene, Inc.
d/b/a Choice Environmental Services, Inc. as it relates to Contract #09-5319 for solid waste,
recyclable materials, and yard trash collection services.
CONSIDERATIONS: Contract #09-5319 is based on the Board's February 8, 2005 (Item lOA)
approval of new contracts with Immokalee Disposal Company, Inc. and Waste Management, Inc.
of Florida for solid waste collection services. Subsequently, Choice Environmental Services,
Inc. (Choice) purchased the assets of Immokalee Disposal, Inc. as memorialized in an
Assignment and Assumption Agreement approved by the Board on September II, 2007 (Item
16C7).
By letter dated February 17, 2011 (copy attached), Choice notified the County of a stock
purchase/merger whereby Choice will be a wholly-owned subsidiary of Swisher Hygiene, Inc.
The estimated completion date of this proposed 100% stock purchase is March 31, 2011.
Pursuant to Section 24 of the original agreement:
-
"The transfer of this Agreement, by transfer of ownership, transfer of corporate
shares, or any other means to effect a change in the ownership structure of the
Contractor, shall be effective only after approval by the Board."
Staff has acquired the necessary documents from Swisher Hygiene, Inc. which have been
reviewed by the County Attorney's Office. The Purchasing Department is recommending that
the Board acknowledges and approves this application for transfer of o\\'I1ership in order to
continue the services provided under Contract #09-5319.
FISCAL IMPACT: None.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: Swisher Hygiene, Inc. is a publicly-traded company with a market
cap of $335 million as of March 2, 2011. The County Attorney has reviewed this item and it is
legally sufficient for Board action. A majority vote is required. - JAK
RECOMMENDATION: That the Board of County Commissioners acknowledges and
approves the transfer of ownership from Choice Environmental Services, Inc. to Swisher
Hygiene, Inc. d/b/a Choice Environmental Services, Inc. as it relates to Contract #09-5319 for
solid waste, recyclable materials, and yard trash collection services.
-
PREPARED BY: Diana De Leon, Contracts Technician, Purchasing Department
Packet Page -1103-
3/22/2011 Item 16.E.2.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.2.
Item Summary: Recommendation to acknowledge and approve the transfer of ownership
from Choice Environmental Services, Inc. to Swisher Hygiene, Inc. d/b/a Choice Environmental
Services, Inc. as it relates to Contract #09-5319 for solid waste, recyclable materials, and yard
trash collection services.
Meeting Date: 3/22/2011
Prepared By
Name: DeLeonDiana
Title: VALUE MISSING
3/2/20111:15:09PM
Submitted by
Title: VALUE MISSING
Name: DeLeonDiana
3/2/20111:15:10PM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 3/2/2011 2:01:47 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 3/4/2011 3:47:0] PM
Name: CarnellSteve
Title: Director - Purchasing/General Services,Purchasing
Date: 3/9/2011 1 :55:12 PM
,.""-'
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/9/2011 4:00:06 PM
Packet Page -1104-
Name: PriceLen
Title: Administrator - Administrative Services,
Date: 3/10/20] 1 2:55:36 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior, Office of Management & Budget
Date: 3/11/2011 10:05:50 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/11/20113:39:18 PM
Name: OchsLeo
Title: County Manager
Date: 3/14/20114:14:08 PM
Packet Page -1105-
3/22/2011 Item 16.E.2.
~
(CHDlce
3/22/2011 Item 16.E.2.
ENVIRONMENTAL
February 17,2011
VIA E-MAIL
Mr. Leo E. Ochs, Jr.
County Manager
Collier County
3301 East Tamiami Trail
Naples, FL 34112
Re: Sale of Choice Environmental Services, Inc. and its Subsidiaries ("Choice")
to Swisher Hygiene, Inc. ("Swisher")
Dear Mr. Ochs:
As you may be aware, this week, Swisher entered into a definitive agreement to
acquire Choice, and it is expected, subject to customary closing conditions, that the
acquisition will be completed no later than March 31, 2011. Swisher is a publically
traded company listed on the NASDAQ and the Toronto Stock Exchanges (NSADAQ:
SWSH, TSX: SWI), controlled by waste industry legend, H. Wayne Huizenga and his
partner Steve Berrard.
As this is a stock purchase/merger, Choice will be a wholly owned subsidiary of
Swisher, with Swisher owning 100% of the stock of Choice. No assignment of the
contract Choice has with Collier County ("County") is taking place and Choice will
continue to provide you with the same high level of service you have grown accustomed
to over the life of the relationship. Choice plans to continue to comply with the terms and
conditions of our agreement with the County and now, with the public company behind
us, has additional financial resources, expertise and other capabilities available to it to
improve on our already great service. The management of Choice is remaining in place,
thus you will continue to deal with the same great team of professionals going forward.
In accordance with Sections 23 and 24 of our agreement with the County, please
accept this as written notice of the proposed transaction.
Please contact me at your earliest convenience to discuss what additional
information you will need to grant the approval required under our agreement with the
County.
2860 State Road 84, Suite 103, Fort Lauderdale, FL 33312 . Tel: 954-797-7974 . Fax: 954-797-7984
Packet Page -1106-:.com
3/22/2011 Item 16.E.2.
I have attached for your reference, a copy of the press release announcing the
signing of the agreement.
I look forward to hearing from you soon.
Respectfully submitted,
Grant J. Smith, Esq.
General Counsel
2860 State Road 84, Suite 103, Fort Lauderdale. FL 33312 . Tel: 954-797-7974 . Fax: 954-797-7984
Packet Page -1107-,.com
3/22/2011 Item 16.E.2.
FRANCHISE AGREEMENT
BETWEEN
COLLIER COUNTY
AND
IMMOKALEE DISPOSAL COMPANY, INC.
FOR
SOLID WASTE, RECYCLABLE MATERIALS, AND
YARD TRASH COLLECTION SERVICES
Packet Page -1108-
3/22/2011 Item 16.E.2.
Franchise Agreement for
Solid Waste, Recyclable Materials, and Yard Trash
Collection Services
TABLE OF CONTENTS
1 Definitions ...................,... ...... ..........., ........ ...... ....... ................................................ ......... 2
2 Exclusive Franchise and Term ......................................................................................10
2.1 Exclusive Franchise Granted .............................................................................10
2.2 Term of Franchise Agreement ..........................................................................10
2.3 Renewal Option ,...,............................................................................................10
2.4 Termination of Collection Service Under Existing Agreement ............................10
3 Agreement Documents..................................................................................................11
3.1 Agreement Documents ...................................................................................... 11
3.2 Conflicts Between Agreement Documenls......................................................... 11
4 Service District....................... .... ........... . ................................................................... 11
5 General Provisions ....................... ................. ...... .................... ......... ...._.............. ..........11
5.1 County Vision. Mission, and Value Statements................................................. 11
5.2 General Description of Collection Services .......................................................11
5.3 Transition Prior to Commencement Date ...........................................................11
5.4 Transition Prior to Expiration of thIS Agreement ................................................13
5.5 Hours and Days of Collection Service................................................................ 13
5.6 Routes and Schedules.......................................................................................14
5.7 Changes to Routes and Scl1edules................................................................... 14
5.8 Addition of New Customers 10 Customer List.....................................................14
5.9 Holidays......,.. .......... ................ ..... ......... ...................... ..................... ...... ........... 15
5.10 General Collection Procedures ..... .....................................................................15
5.11 Mixing Loads of Matenals ......... ........................................................ 15
5.12 Non-Collection Procedures ........... .....................................................,...............16
5.13 Missed Collection Procedures... .....................................................................17
5.14 Protection of Pnvate and Public Property........................................................... 17
5.15 Access to Streets and Colleclion Containers .....................................................17
5.16 Designated Sites................................................................................................18
Ii of VII
Packet Page -1109-
3/22/2011 Item 16.E.2.
5.17 SpUlage and Liller ..............................................................................................19
5.18 Exempt Materials ...............................................................................................19
5.19 Safety Program....... .................... ..... ............ ..................................... ............ ..... 20
5.20 COllection Plan................. ............ ......................... ...... ...... ................. ........... ..... 20
5.21 Ownership of Solid Waste and Program Recyclables ........................................21
5.22 Compaction of Program Recyclables.................................................................21
5.23 Sale of Program Recyclables.............................................................................21
5.24 Disposal of Recyclable Materials .......................................................................21
6 Set Out Procedures.......................................................................................................22
6.1 Residential Customers.................. ................ ........ ............... ..............................22
5.2 Commercial Customers .....................................................................................23
6.3 Residential and Commercial Customers............................................................23
7 Residential Collection Service .......................................................................................24
7.1 Basic Collection Service and Collection Frequency ...........................................24
7.2 Supplemental Collection Services.....................................................................25
8 Multi-Family Collection Service.................. .................. ................. ....... ........................... 25
9 Commercial Collection Service ..... ................ ....................................... .............. ........... .26
9.1 Basic COllection Service and Collection Frequency ..........................................26
9.2 Supplemental Colle(:tion Services... ... ................................................... w. .........26
9.3 COmmercial Recycling Services.... ....................................................................27
9.4 Contract lor Collection Service....... ....................................................................27
9.5 Termination of Commercial Collection Service.................................................. 28
10 COllection Containers ..... .................................. ....... ............ ..................................... .....29
10.1 Provision of Contalners......................................w.............................................29
10.1.1 Curbside Containers .......... ....................................................................29
10.1.2 Recycling Bins and Recycling Carts.......................................................29
10.1.3 COmmercial Containers.................... .................................... .................. 30
10.2 OwnerShip of Containers ...............-...................................................................30
10.3 Technical SpeCifications for Containers ............................................................. 30
10.4 Delivery of Containers.................... ............. ............................................. ....... ...32
10.5 Maintenance of Containers ................................................................................32
10.6 Repair and Replacement of ContaIners .............................................................33
10.7 Storage of Recycling Bins................ ................................................................. 33
11 VehiCles and Equipment................................................................................................34
11.1 General Provisions .........................-..................................................................34
iii of \Iii
Packet Page -1110-
3/22/2011 Item 16.E.2.
11.2 Ancillary Equipmenl.......................................................................................... 34
11.3 Reserve Vehicles and Equipment..................................................................... 35
11.4 Maintenance and Condilion ...............................................................................35
11.5 Identification ................................ .........................._..._........................................ 35
11.6 Compliance with the Law................................................................................... 36
11.7 County's Right to Inspect Vehicles......,.............................................................. 36
11.B Storage and Repair........ .................................................................................... 36
12 Employees and Supervisors.......... ..... ....... ........... ........... ................... ....... ...... ......... ..... 36
12.1 Districl Manager..... ...................... ............. ........ ................ ..,... ............ ..... ..... ..... 36
12.2 Field Supervisor ................ ................................ ....... ............ .... ................... ....... 37
12.3 Employee Conduct ............................................................................................37
12.4 Employee Appearance and Identlfication..................................,........................37
12.5 Removal of Employef'..5 ................. ......................................................................37
12.6 Employee Training and Licenses ....................................................................... 37
13 Local Office.. ...... ...... ..... ....... ................... .....................................................................37
14 Handling of Complaints .................................................................................................38
15 Customer Dispute Resolution ....... ...... ..... ..... ............................................... .................. 39
16 Record Keeping and Reporting .....................................................................................39
16.1 Record Keeping .......................... ...................................................................... 39
16.1.1 Equipment Maintenance Log..................................................................39
16.1.2 Non-Collection Notice Log ..................................................................39
16.1.3 Legitimate Complaint Log ....................................................................39
16.1 A Program Recyclables Log ...................................................................... 39
16.1.5 White Goods Log ................................................................................40
16.1.6 Tire Collection Log ... ... ........................................... ..................40
16.1.7 Bulk Waste Log.................................................................................... 40
16.1.8 Electronic Equipment Log ......................................................................40
16.2 Monthly Report .................. ........... ......................................................... ...... ......40
16.3 Annual Report..... ......... .................... ................... ........... ...... ...... .... ...... ............. 41
16.4 Other Reports. Documents and Notifications .....................................................42
16.4.1 ReSidential Recycling Participation Report............................................42
164.2 Updales to Safety Plan ....__............................... . ...........42
164.3 Accidents and Property Damage..................................................".....42
16.5 General Record Keeping and Reportmg Requirements .....................................43
17 Education, Promotion and Public Awareness ................................................................43
IV of vii
Packet Page -1111-
3/22/2011 Item 16.E.2.
17.1 Participation in County Activities .......................................................................43
17.2 Usage of County Themes and Logos.................................................................43
17.3 Distribution of Information with Recycling Containers ........................................44
17.4 Distribution of Information to Commercial Customers ........................................44
17.5 Production and Distribution of Promotional and Educational Material................44
17.6 Public Notices Conceming Changes in Collection Services ...............................45
18 Changes to Services .....................................................................................................45
18.1 Addition or Deletion of Recyclable Materials......................................................45
18.2 Recycling Facility in Collier County ....................................................................45
18.3 Provision of Service Upon Termination...............................................................45
18.4 Collection and Processing of Commercial Organics.......................................... 46
18.5 County's Right to Require Recycllng Carts ........................................................47
19 Additional Services...... ............. ..................... ............... .... .......... ................ ...... ........ .....47
19.1 Commercial Waste Reduction...... ......................................................................47
19.2 Community Service................................... ............... .................. ............. ...........47
19.3 Pilot Studies........... ........... ............. ....... ...... ....... ......... ..... .......... ...... .................. 47
19.4 Electronic Equipment.................... ................... .................... ........... ... .......... ....48
19.5 School Recycling Program................................................................................ 49
20 Emergency Situations and Disaster Debris....................................................................49
20.'1 Use of Contractor Services ...............................................................................49
20.2 Variance in Routes and Schedules ....................................................................49
20.3 Contingency Plan............................ ............. ............ ............ ............. ..... .......... 49
20.4 Emergency Managell1enVDisaster Meetings......................................................49
21 Insurance ............. ............................. .... ...... ...... ................... ........ .............. ................ 50
21 1 Requirements for Insurance Gamers ...................................................................50
21.2 Workers Compensation Insurance .....................................................................50
21.3 Commercial General Liabmty ....... ...................................................................... 50
21.4 Automobile Liability ..................... ......................................................................50
21.5 Umbrella Liability............................... ...... ....... ...... ..................... ........ ................50
21.6 Hazardous Waste Insurance........_ ..................................................................... 50
21.6.1 Contractor's Pollution Liability................................................................ 50
21.6.2 Asbestos Liability .............. ..................................................................... 51
21.6.3 Hazardous Waste Disposal.................................................................... 51
21.6.4 Hazardous Waste Transportation...........................................................51
21.6.5 Certificates ollnsllrance.. ..w................................................................51
vof vii
Packet Page -1112-
3/22/2011 Item 16.E.2.
21.7 General Insurance Requirements ......................................................................51
22 Performance Bond .. ....... ........ .................................................................. ... ......... .........52
23 Assignment and Subletling............................................................... ...... ..... .................. 53
24 Transfer of Ownership ................. ........... ...... ............. ...................................... .......... .... 53
25 Payment for Services and Administrative Fees ............................................................. 54
25.1 Prohibitions on Payments .................................................................................. 54
25.2 County's Obligation to Pay for Residential Collection Service ............................54
25.3 Procedure for Payment of Residential Service...................................................54
25.4 Adding New Residential Customers...................................................................54
25.5 Removing Residential Customers ................................... ...................................54
25.6 Overpayments and Underpayments for Residential Service ..............................54
25.7 Payments for Commercial Service .....................................................................55
25.8 County Billings for Commercial Service .............................................................55
25.9 Administrative Fees ......................... .............. ............ ........ ......... .......... ............ 55
26 Rates ............. ......... ........ ... ............... ....................................... ...... ...... .... ................ 56
26.1 Standard Rates...... ............................................................................... ...... 56
26.2 Special Rates for Emergency Slluations and Disaster Debris ........................... 56
27 Rate Adjustment.... ...... ............... .......... .... .......................................... ......... .................. 57
27.1 Annual CPI Adjustments to Collection Rates .....................................................57
27.2 Adjustments to CommercJal Disposal Rates .....................................................57
27.3 Changes Imposed by Law......... ....................................................................57
27.4 Extraordinary Rate Adjustment .... ..................................................................... 58
27.5 Rate Reductions .... ......... .............. ................ ....... ............ ..... ... ........... .......... ..... 58
28 Liquidated Damages ............................................. .... .................................................59
28.1 Basis for Liquidated Damages ..........................................................................59
28.2 Procedure for Assessing LiqUidated Damages .................................................. 61
29 Events of Termination. ........................ .....................................................................61
29.1 Failure to Fulfill Obligations of Agreement..........................................................61
29.2 InSOlvency of Contractor ....................................................................................63
29.3 Repeat Violations of Agreement .......................................................................63
30 Dispute Resolu!ion Process ........ ...... .................................................................... 63
31 Operations During a Dispute ..........................................................................65
32 Waiver ...................... ................................... ............................................................65
33 Notices and CommUnications to Director and District Manager ...................... .. .........65
34 Permits and Licenses .................................................................................... ......66
VI of vii
Packet Page -1113-
3/22/2011 Item 16.E.2.
35 Compliance with Laws and Regulations. .......................................................................66
36 Equal Opportunity Employment..,............ .......................................................................66
37 Indemnification and Hold Harmless .............. ............... ....... ........................................... 66
38 Employee Status... ................... ....... .............. ............ .........,.. ......... .............. ............. .... 67
39 Severability .................... ................... ....... ..... ................................................... ... ........... 67
40 Force Majeure ............................................. ... ........ ...... ....................... ....................,..... 67
40.1 Inability to Perform...................... ... .............,.....................................................67
40.2 Events of Force Majeure....................................................................................67
40.3 Written Notification........... ....... ..... ......... .............................................................68
41. Governing Law and Venue............................................................................................68
42 Modification to the Agreement.......................................................................................68
42.1 County Power to Modify............... ......................... .......... ............. ...................... 68
42.2 Changes in Law .................................................................................................68
43 Independent Contractor............................ ... .................................................................. 69
44 All Pnor Agreements Superseded .................................................................................69
45 Headings ......,....... ............................ .......... .... ........................... ......................... ...........69
46 Survivability........ .._...............,........... ........... ................................. ................. w...., ........ 69
47 Fair Dealing..................... ...... ....... ...... ......... ..... ........................ .............. ...... ..................69
48 Sovereign Immunity............................ ..,.. ... _.., ...., ... .......................................................70
49 ConstructIon of Agreement.............................................................................................70
50 Terms Generally................. ..................... ..................................................................... 70
51 Remedies Not Exclusive........................................... ...................................................... 70
Exhibit I(A)
Exhibitl(B)
Exhibit II
Exhibit III(A)
Exhibitlll(B)
Exhibit IV
Exhibit V(A)
Exhibit ViS)
Exhibit VI
Exhibi1 VII
Exhibit VIIl
Rates tor Residential and Commercial Collection Service
Rates for Supplemental Residential and CommerCial Coliectjon Service
Procedure for Calculating Adjustments to Residential and CommerCial Rales
Service Area Legal Descnplion - Service District I
Service Area Legal Description - Service District II
Map of Service Distncts I and II
Performance Bond for Franchise Agreement
Procedure for calculaling Performance Bond Requirement
Materials Acceptance Protocol
Monthly Residential Collection Tonnage
Collier County Vision, Mission. and Values
vii of vii
Packet Page -1114-
3/22/2011 Item 16.E.2.
Franchise Agreement for
Solid Waste, Recyclable Materials, and Yard Trash
Collection Services
This Franchise Agreement ("Agreement") for Solid Wa,sle, Recyclable Materials. and Yard Trash
Collection Services is made and entered into Ihis 'iT't, day of FI?tk..,.;.,.::,./ .
2005, by and between Collier County, a political subdivision of the Slate of Florida (hereinafter
referred to as "County"), and Immokalee Disposal Company. Inc. (hereinafter referred to as the
"Contractor").
WIT N E SSE T H:
WHEREAS, Sections 125.01 (1) and Chapter 403. Florida Statutes. grant tile Board of County
Commissioners of Collier County (tile "Board") the authority to regulate Solid Waste Collection
and disposal services in the County; and
WHEREAS. Chapter 403. Florida Statutes, grants the Board the authority to implement a
comprehensive recycling program; and
WHEREAS, the Contractor has suffielent resources to provide the Collection Services sought by
the County; and
WHEREAS, the Contractor currently provides satisfactory Collection Services for the County
pursuant to another agreement: and
WHEREAS, the County desires to use the Contractor's services 03nd the Contractor deSires to
provide Collection Services. subject to the terms and conditions contained in this Agreement;
and
WHEREAS, the Board finds that granting an exclUSive franchise lor Collection Services is in the
public interest. and protects the public healtll, safety, and general welfare of those to be served
by the Contractor. and that the Contractor should be granted an exclusive franchise for the
Collection Services required by this Agreement.
NOW, THEREFORE. in consideration of the mutual promises, covenants and agreements
contained herein. the County and tile Contractor mutually undertake. promise and agree for
themselves. their SllCceSSOrs and assigns that they shall be bound by and shall strictly comply
With the following provisions of Ihls Agreement:
1 of 71
Packet Page -1115-
3/22/2011 Item 16.E.2.
1 Definitions
For the purposes of this Agreement. the definitions contained in this Section 1 shall apply unless
otherwise specifically stated. If a word or phrase is not defined in this Section 1. the definition of
such word or phrase in the Code of Laws and Ordinances of Collier County. Florida. shan apply.
1.1 Agreement: this Franchise Agreement for Solid Waste, Recyclable Materials, and
Yard Trash Collection Services.
1.2 Agreement Year: twelve (12) consecutive months. beginning on the
Commencement Date (Oc:lober 1. 2005). and every twelve (12) months thereafter for
the term of this Agreement
1.3 Applicable Law: any local. state or federal statute. law. C'.onstltullon. charter.
ordinance, judgment. order, decree. permit. rule. regulation. directive, policy.
standard or similar binding authority. or a judicial or administrative interpretation of
any of the same, which are in effect or are enac:led, adopted, promulgated, issued or
enforced by a governmental body during the term of this Agreement, and relate in
any manner to the performance of the County or Contractor under this Agreement.
1.4 Back Door Service: the Collection of Solid Waste or Recyclable Materials on a
Residential Customer's property at a localion Ihat is not Curbside.
1.5 Biological Waste: those wastes thai cause or have the capability of causing dIsease
or infection includlllg. but not limited 10, Biomedical Waste. diseased 01 dead
animals, and other wastes capable of transmitting pathogens to humans or animals.
ThIS term does not include human remains thai are disposed of by Persons licensed
under Chapter 470, Flohda Statutes.
1.6 Biomedical Waste: any solid or liqUId waste which may present a threat of infection
to humans. including non-liqUid tissue, body parts, blood, blood products, and body
fluids from humans and other primates; laboratory and velerinary wastes which
contain human disease-causing agents; and discarded sharps. The following are
also included:
(a) used absorbent materials saturated with blood. blood produc:ls. body fluids, or
excretions or secretions contaminated with visible blood;
(b) absorbent materials saturated with blood or hlood produc:lS that have dried; and
(c) non-absorbent. dIsposable devices Ihat have been contaminated with blood. or
body rluids or secretions or excretions visibly contaminated with blood, ilthe devices
have not been treated by an approved method.
1.7 Board: the Board of County Commissioners of CoUler County. Florida.
1.8 Bulk Waste: any large discarded household item that cannol be placed in a
Curbside Container because of its size, volume, shape or weight, Bulk Waste
includes. but is not limlled to, sofas. tables. sinks, toilets. other fixtures, furniture,
ladders. and carpet. Bulk Waste does not include White Goods. Electronic
Equipment, or Extraordinary Waste.
1.9 Certificate of Occupancy: a document Issued by the County certifying thai a newly
constructed building has been constructed in compliance with County specifications
and is suitable for use.
"1.10 COllection: the process of picking up. transporting, and dropping off Residential
Waste and Commercial Waste at the DeSignated Sites; or the process of picking up.
2 of 71
Packet Page -1116-
3/22/2011 Item 16.E.2.
transporting, and dropping off Exempt Materials at a licensed disposal site or
Recycling Facility.
1.11 Collection Containers: Curbside Containers, Commercial Containers, Recycling
Bins, Recycling Carts, and/or Commercial Recycling Containers.
1.12 Collection Plan: the document prepared by the Contractor and submitted to the
Director that describes how the Contractor will provide Collection Service in
accordance with the provisions of this Agreement.
1.13 Collection Service: Residential CoUectlon Service and/or Commercial Collection
Service.
1.14 Commencement Date: October 1. 2005, which is the date when the Contractor shall
bagin providing Residential Collection Service and Commercial Collection Service
pursuant to the requirements of this Agreement.
1.15 Commercial Collection Service: (a) the Collection of Commercial Waste from
Commercial Customers; (b) the Collection of Commercial Recyclables, if the
Contractor has a contract with the Commercial Customer for such service: and (c)
the Collection of Residential Waste from a Person that occupies a Multi-Family
Residence. uses a Commercial Container, and does not receive Collection Service
at Curbside.
1 16 Commercial Container: a dumpster, roll-off container, compactor, or other
container, except a Roll Cart, that is approved by the Director for the Collection of
Solid Waste or Recyclable Materials from Commercial Customers.
1.17 Commercial Customer: Any Person that uses the Contractor's services for the
Collection of Commercial Waste.
1.18 Commercial Lawn Care Service: a Person that provides lawn and garden
mainten<lnce services for remuneration. This definitIon includes landscapers.
1.19 Commercial Organics: Organic Waste that is segregated from CommerCial Waste
for recycling or other beneficial uses.
-1.20 Commercial Real Property: real property loc-.ated in Servk-a Distnct II that IS not
classified as Residential Real Property. CommerCIal Real Property Includes property
used primarily for: (a) commercial purposes, such as hotels, motels, stores,
restaurants, theaters. service stations. and recreational vehicle parks; (b) institutional
purposes. such as governmental offices, churches, hospitals. and schools: and (C)
not-for-profit organizations. Commercial Real Property shall not include
commercially zoned property that IS used pnmarily for reslciential purposes. Vac-.ant
land. not classified as Improved Real Property, shall be deemed CommerCial Real
Property.
1.21 Commercial Recyclables: Recyclable Matenals generated by CommerCIal
Customers.
1.22 Commercial Recycling Container: a dumpster, roll-off container, compactor, or
other container, approved by the Director for the ColleclJon of Recyclable Matenals
irom Commercial Customers.
1.23 Commercial Supplemental Collection Services: services that are provided by the
Contractor to Commercial Customer:;, but are not included in the Rate for
Commercial Collection ServIce
3 of 71
Packet Page -1117-
3/22/2011 Item 16.E.2.
1.24 Commercial Waste: Garbage and Rubbish generated upon Commercial Real
Property or Industrial Real Property. Commercial Waste includes Commercial
Recyclables collected from a Customer that has a contract with Contractor for the
Collection of such materials.
1.25 Commercial Yard Trash: Yard Trash generated upon a Commercial Customer's
Commercial Real Property or Industrial Real Property. Yard Trash collec:led by a
Commercial Lawn Care Service is not Commerc"Jal Yard Trash.
1.26 Construction and Demolition (C&D) Debris: discarded materials generally
considered to be not water soluble and non-hazardous in nature. including, but not
limited to, steel, glass, brick. concrete, asphalt roofing material. pipe, gypsum
wallboard, and lumber. resulling from the construction, destruc:lion, or renovation of a
structure, and including rocks. soils. tree remains, trees, and other vegetative matter
that normally results from land clearing or land development operations for a
construction project.
1.27 Contingency Plan: the Contracto~s plan for avoiding an interruption In Collec:lion
Service in the event that an emergency or other situation renders the Contractor's
operations yard or equipment unusable.
1.28 Contractor: lmmokalee Disposal Company. Inc.
1.29 County: depending on the c:ontext. either the unincorporated areas of Collier
County, Ronda. or the COllier County government. including its officers, agents and
employees.
1.30 Curbside: a location within three (3) feet of the curb. pavement, or edge of the
nearest streel If this location is in a drainage ditCl1. Curbside shall mean a location
adjacent to the Customer's driveway, as close as possible to the nearesl roadway.
1.31 Curbside Container: (a) a metal or plastiC container with a tight fitting lid, with two
handles on the sides, and with or without wheels: (b) Roll Carts; and (c) a plastic bag
sufficient in strength for handling by the Contractor. provided the bag is closed and
unbroken at the time of Collection.
1.32 Customer: any Person that uses the Contractor's Collection Service under thiS
Agreement. A Customer shall be a Commercial Customer or Residential Customer.
1.33 Customer Base: the number of Residential Customers and/or Commercial
Customers used in an Agreement Year to establish Rates. charges, or lees under
this Agreement.
1 .34 Customer List: a list compiled by the County of the ReSidential Customers that are
entitled to Residential Collection Service from the Contrac:lor.
1.35 Day: a calendar day. except Sundays and Holidays
1.35 Department: the County department to which the Manager assigns the responsibility
of administering this Agreement.
1.37 Designated Site(s): any real property Or facility designated by the Manager for the
receipt. disposal or processing of Residential Waste. Commercial Waste, Recyclable
Materials. or other malenals.
1.38 Director: the Director of the County's Departmen1 or the Director's designee.
1.39 Disaster Debris: debris that is produced or generated by declared. natural or
manmade disasters, and IS placed Curbside by Residential Customers. mcluding but
4 of 71
Packet Page -1118-
3/22/2011 Item 16.E.2.
not limited to Yard Trash, Construction and Demolition Debris, Bulk Waste. and
Wlllle Goods.
1.40 Disaster Debris Contract: the contract entered into by the County and a COrltractor
to provide for the removal, hauling, disposal. and recycling of Disaster Debris.
1.41 District Manager: the Person designated by the Contractor to be the Contractor's
official representative regarding matters pertainirlg to this Agreement.
1.42 Dwelling Unit: a room or rooms constituting a separate. irldependent establishment
with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and
physically separated from any other rooms or Dwelling Units which may be in the
same structure or in separate structures. A hotel or motel room is not a Dwelling
Unit.
1,43 Effective Date: the dale when thIS Agreement IS Signed and duly executed by the
Board or Its designee, which shall occur after the Agreement is signed and duly
executed by the Contractm.
1.44 Electronic Equipment: electronic devices that have been discarded, including, but
not limited to, computers, monitors, televisions. cathode ray tubes. printers,
scanners, fax machines, and telephones,
'1.45 Exempt Materials: matenals that arc exempt trom the Contractor's exclusive
franchise under this Agreement.
1.46 Extraordinary Wastes: wastes Ulat require extraordinary management. Including,
but not limited to: abandoned automobiles; boats: tree trunks greater than four (4)
feel in length, four (4) Inches in diameter and fifty (50) pounds in weight; dead
animals; agricultural and industrial wastes; Biomedical Waste; Biological Waste;
Radioactive Waste: and Hazardous Waste.
1.47 Fair Market Value: the price for which an Item would sell on the open market if put
up for SOlie. based on comparable sales of similar items.
1.48 Franchise Agreement: the written authority granted by the Board to provide
Collection Services in unincorporated Collier County.
1.49 Garbage: all kitchen and table food waste, and antmal or vegetative waste that is
attendant with or results from the storage, preparation, cooking, or handling of lood
materials,
1.50 Hazardous Waste: Solid Waste, or a combination of Solid Wastes. which because
of its quantity, concentration, chemical or physical characteristics, may cause or
slgnificanlly contribute to an Increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when improperly transported.
disposed of, treated. or otherwise managed. Hazardous Waste Includes any
material or substance identified as a hazardous waste or hazardous substance in the
Flonda Administrative Code, Flonda Statutes. or other Applicable Law.
1.51 Holiday: Independence Day, Ttlanks91ving Day, Chnstmas Day. and any other
holiday approved by the Dlrecior,
1.52 Improved Real Property: any cleared, graded or drained real property upon which a
building or structure is erected and occupied or capable of being occupied (i.e., a
County Certificate of Occupancy has been issued) for residential, commerCIal,
instltuUonal or industrial use. Improved Real Property includes but is not limited to
5 of 7"1
Packet Page -1119-
3/22/2011 Item 16.E.2.
recreational vehicle park lots contained within parks designated as mobile home
parks by the County Health Department.
1.53 Industrial Real ProP1/rty: real properly, not classified as Residential Real Property,
wherE! a Person is engaged in manufacturing, or processing raw materials, or altering
or modifying a product for the purpose of producing a usable or finished product, and
such Person generates Solid Waste as a by~producl of their activities.
1.54 Land Clearing Debris: the uprooted trees, bushes, vegetation, and other
abandoned materials resulting from a land clearing operation,
1.55 Legitimate Complaint: any complaint where the Director detenmines that Ihe
applicable requirements of this Agreement concerning the Sel Out and Collection of
Solid Waste, Program Recyclables, or Yard Trash were satisfied by the Customer,
but not the Contractor.
1.56 Load: any material, Including but not limited to Solid Waste and Program
Recyclables, that is collected In Contractors vehicle or transported from one iocation
to another by Contractor's vehicle.
1.57 Manager: the County Manager of Collier County, Florida, or the Manager's
designee.
1.58 Materials Acceptance Protocol (MAP): the documents identifying the Program
Recyclables to be collected and transported under this Agreement. as well as
standards thaI govern the Set Out and Collection of Program Recyclables. The MAP
is contained in Exhibit Vi.
1.59 Materials Recovery Facility (MRF): a Solid Waste management facility that
provides for the extraction from Solid Waste of Recyclable Materials, materials
suitable for use as a fuel or soil amendment, or any combination of such materials.
1.50 Missed Collection: any occasion when the Contractor does not proVide Collection
Service to a Customer in accordance with the provisions of this Agreement.
1.61 Multi-Family Residence: a group of three or more Dwelling Unfls within a single
building. attached side-by-side or one above another, wherein each Dwelling Unit is
individually owned or leased on land which is under common or single ownership.
1.62 Non..collection Notice: a durable tag or sticker placed on a container or maten<ll
that has not been Set Out for Collection by a Customer in accordance with the
requirements of this Agreement.
1..63 Non..confonming Material: any maleriallhat is Set OUl for Collection in a Recycling
Conlainer, but is not a Recyclable Material.
1.64 Non-Program Recyclables: Recyclable Materials that are not Program
Recyclables, but are segregated from other materials in lhe Waste Stream.
1,65 Ordinance(s): the Code of Laws and OrdInances 01 Collier County, Florida.
1.66 Organic Waste: Garbage other similar putrescibie Solid Waste, Including sOllrce
separated lood waste and food-soiled paper. Organic Waste does not include Yard
Trash.
1.57 OSHA: the Occupational Safety and Health Act, as amended. and all impiementing
regulations.
60171
Packet Page -1120-
3/22/2011 Item 16.E.2.
1.68 Performance Bond: the bond provided by the Contractor to the County lo secure
the Contractor's performance under this Agreement.
1.69 Person: any and all persons. natural or artificial, Including any individual. finm,
partnership, joint venture, or other association, however organized; any municipal or
private corporation organized or existIng under the laws of the State of Florida or any
other state; any county or municipality; and any governmental agency of any state or
the federal government.
1.70 Premises: Improved Real Property.
1.71 Private Hauler: any Person engaged in the business of collecting and transporting
Commercial Recyclables.
1.72 Program Recyclables: Recyclable Materials that have been designated by the
Board for Collection from Residential and/or Commercial Customers. and are
segregated from other materials in the Waste Stream.
1.73 Radioactive Waste: any equipment or materials that are radioactive or have
radioactive contamination. and are required by law to be stored. treated. or disposed
of as radioaclive waste.
1.74 Rates: Board-approved amounts to be charged for Residential Collection Service,
Residential Supplemental Collection Service, Commercial Collection Service, and
Commercial Supplemental Collection Service.
1.75 Recovered Material: metal. paper. glass. plastic. textile, or rubber matenals tbat
have known recycling potential. can be feasibly recycled, and have been diverted
and source separated or have been removed from the Waste Stream for sale. use.
or reuse as raw materials. whether or not the materials require subsequent
proceSSing or separation from each other, but does not include materials destined for
any use that constitutes disposal ReC'.overed Materials as described above are not
Solid Waste. Recovered Matenal does not include any material or substance that
does not fit within one of the six categories described in this definition (metal, paper,
glass. plastic, textile, or rubber)
1.76 Recovered Materials Processing Facility (RMPF): a facility engaged solely In the
storage. processing, resale. or reuse of Recovered Matenals
1.77 Recyclable Materials: materials which are capable of being recycled and which
would otherwise be processed or disposed of as Solid Waste. This tenm
encompasses Program Recyclables and Non-Program Recyclables,
1.78 Recycling Bin: eighteen (18) gallon green bins, hot-stamped or stenciled with
information approved by the Director, and used for the Collection of Program
Recyclables from Residential Customers.
1_79 Recycling Cart: a heavy-duty plastic container that IS mounted on two wheels,
complies Will1 the specifications In Section 10.3 herein, and is used for the Collection
of Recyclable Materials.
1.80 Recycling Container: any container approved by the Director for Ihe Collection of
Program Recyclables, including but not limited to Recycling Bins. Recycling Carts
and Commercial Recycling Containers.
1.8'1 Recycling Facility: any facility that recycles discarded matenals, including, but not
limited to any MRF. RMPF, buy-back center. drop-off center (permanent or mobile).
and Recyclable Materials processing faCIlity.
70f71
Packet Page -1121-
3/22/2011 Item 16.E.2.
1.82 Recycling Program: all aspects of the County's program for the Collection.
transportation, processing, marketing and handling of Recyclable Materials. including
educational activities. technical projects. compliance monitoring, and enforcement.
1.83 Rejects: non-Recyclable Materials, other than Residue, that are collected by the
Contractor with Recyclable Materials.
1.84 Residential Collection Service: the Collection of Residential Wasle from
Residential Customers.
1.85 Residential Customer: a Person who occupies Residential Real Property located
within the Contractor's Service District Residential Customers include those
Customers that occupy a Multi-Family Residence and receive Commercial Collection
Service.
1.86 Residential Program Recyclables: Program Recyclables generated by Residenttal
Customers.
1.87 Residential Real Property: Improved Real Property that is located in Service
District 11 and used tor residential purposes. including, but not limited to: single family
residences; duplex apartments; apartment buildings; recreational vehicle lots
contained within mobile home parks; recreational vehicles; mobile homes;
condominium units; cooperatives established pursuant to Chapter 719. Florida
Statutes: time-share apartments: leased residential Premises of the classes
described above, wIlether occupied or not; and Premises occupied as a residence
located in or upon commercially zoned real property; provided, however, that where
property is used eXClusively as a recreational vehicle park, as defined in Section
513.01(10), Florida Statutes. such property shall be deemed Commercial Real
Property.
1.88 Residential Supplemental Collection Services: any service prOVided to a
Residential Customer by the Contractor that is not included in the ReSidential
Collection Service funded by the County's Special Assessment and provided to all
Residential Customers pursuant to Section 7.1 of this Agreement.
1.89 Residential Waste: Garbage, Rul.lbish. Yard Trash. Program ReCYclablas, Bulk
Waste. and White Goods generated by a Residential Customer upon the Customer's
ReSidential Real Property.
1,90 Residential Yard Trash: Yard Trash that is generated upon a ReSidential
Customer's ReSIdential Real Property. Yard TraSh collected by a Commercial Lawn
Care Service is not Residential Yard Trash
1.91 Residue: the portiOn of the Recyclable Materials accepted at a Recycling Facllity
that is not converted to Recovered Materials due to spoilage. breakage.
contamination, or transportation or processing inefficiencies. Residue does not
include Rejects.
1.92 Roll Cart: a heavy.duty piastre container that is mounted on two wheels. complies
wilh the specifications in Section 10.3 herein. and is used for the Collection of
Garbage and RubbIsh.
1.93 Rubbish: waste materials, other than Garbage. resullmg from normal housekeeping
activities on Residential Real Property and Commercial Real Property. Rubbish
includes but is not limited to discarded trash, paper. plastic, bottles. cans and similar
matenals.
80f71
Packet Page -1122-
Service Area: the combined areas of Service Districts I and II.
Service District I: the unincorporated area of the County that will receive Solid
Waste Collection Service from a Person other than the Contractor. Service District I
encompasses the area that is described in Exhibitlll(A) and depicted in Exhibit IV.
Service District II: the unincorporated area of the County that will receive Solid
Waste Collection Service from the Contractor pursuanllo this Agreement. Service
District II is described in Exhibit III(B} and depicted in Exhibit IV.
Set Out: the proper preparation and placement of Solid Waste and Program
Recyclables for Collection at a Customer's Premises. in accordance with the
requirements In this Agreement and the County's Ordinances.
Sludge: the accumulated solids. residues, and precipitales generated as a resull of
waste treatment or processing. including wastewater treatment, water supply
treatment. or operation of an air pollution control facility. and mixed liqUIdS and solids
pumped from seplic tanks, grease traps. privies, or similar wasle disposal
appurtenances.
Solid Waste: Sludge unregulated under the tederal Clean Waler Act or Clean Air
Act. Sludge from a waste treatment works. water supply treatment plant, or air
pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other
discarded material. including solid, liqUid, semi-solrd, or contained gaseous material
resulhng from domestic, induslrral, commercial, mining. agncultural or govemmental
operahons. Solrd Waste includes but is not limited to Brol.ogical Waste. BIomedical
Waste. Bulk Waste. C&D Debris, Commercial. Waste. Disaster Debris, El.ectronic
EqUipment. Garbage, Hazardous Waste. land Clearing Debns. Organic Waste,
Radioactive Waste, Recyclable Materials (until they are recycled). Rejects,
Residential. Waste. Resrdue, Rubbish. Special Waste. Tires, While Goods and Yard
Trash.
SpeCial Assessment: the non-ad valorem assessment that is levied upon certain
real property in unincorporated Collier County and used to provide funding for the
County's Solid Waste management program
Special Waste: Solid Waste U1at can requrre speCial handlrn9 and management,
including. but not Irmlted to. White Goods, Tires. used oil. lead-aCid battenes,
Construction and Demolition Debns, ash residue, Yard Trash. Biological Waste.
Hazardous Waste. and Biomedical Wasle.
Supplemental Collection Service: Residential Supplemental Collection Service
and Commercial Supplemental Collection Servrce.
Tipping Fee: the tee charged for the disposal or processing of Solid Waste or
Recyclable Matenals at a Designated Site.
Tires: discarded 8ulomotlVe (rres. Includrng nms, but excluding lires thai exceed 25
inches in diameter.
1.105 Transition Period: the penod of time between the EflectlV!, Date and the
Commencement Date.
1.94
1.95
1.96
1.97
1.98
1.99
1.100
U01
1.102
1103
1.104
3/22/2011 Item 16.E.2.
1.106 Transition Plan: a document describing in detail the activlties thal will be
undertaken and the schedule that will be followed to successfully Implement the
Contractor's COllection Service under this Agreement on the Commencement Date.
9 of 71
Packet Page -1123-
3/22/2011 Item 16.E.2.
1.107 Unintentional Damage: damage caused to containers by an act unlikely, in normal
circumstances. to result in said damage. Unintentional Damage includes but is not
limited to cases where the wheels of a container fall off or break when the container
is handled in the same manner as other containers of the same type.
1.108 Waste stream: Garbage, Rubbish, R.ecyclable Materials, Yard Trash. Construction
and Demolition Debris, and other types of Solid Waste.
1.109 White Goods: large discarded appliances, including but not limited to, refrigerators,
ranges, washing machines, clothes dryers, water heaters, freezers, microwave
ovens, and air conditioners.
1.110 Yard Trash: vegetative matter resulting from landscaping maintenance, including,
but nollimited to shrub and tree trrmmings, grass clippings. palm fronds. branches
and stumps. However, such ilems shall not be considered Yard Trash if they are
collected by a Commercial Lawn Care Service.
2 Exclusive Franchise and Term
2.1 Exclusive Franchise Granted
SUbject to lhe conditions and limitations contained in this Agreement, the Contractor
tS hereby granted an exclusive franchise to provide Residential (".al/ection Service
and Commercial Collection Service within Service District II. No other servlce.~ shall
be exclusive to the Contractor under this Agreement. Among other things, the
Contractor's franchise does not include Collection of the Exempt Materials identifrsd
in Section 5.18 of this Agreement.
2.2 Term of Franchise Aqreement
This Agreement shall take effect and be binding upon the parties from the Effective
Date until terminated. The Contractor's Collection Sel"Vlce under this Agreement
shall commence on October 1. 2005. which is lhe Commencement Date. The term
of this Agreement shall be eight (8) years, beginning on the Commencement Date
and ending al 11:59 pm on September 30, 2013, unless this Agreement is
temlinated earlier or extended.
2.3 Renewal Option
This Agreement may be ranewed by the County for two (2) additional terms of seven
(7) years each, unless the Contractor giVes written notice to the Manager that the
Contractor is not willing to renew thiS Agreement and such notice is delivered at least
two (2) years befora the expiration of the then current term of thiS Agreement.
2.4 Termination of Collection Service Under Exislino Aqreement
The Contractor currently provides services to the County pursuant to a Solld Waste
Collection Service Agreement ("Existing Agreemen1") dated September 11, 1990, as
amended. The Existing Agreement provides that it shall terminate on September 30.
2006. Notwlthslanding the proviSIons In the Existing Agreement. the Contractor and
County agree that the Contractor's Obligation to provide CoUeclion Service under the
EXlsllng Agreement shall terminate on October 1, 2005. Thereafter, the Contractor
shall provrde Gol/ection Service in accordance with the terms and conditions
contained in this Agreement.
100f 71
Packet Page -1124-
3/22/2011 Item 16.E.2.
3 Agreement Documents
3.1 AQreement Documents
The Agreement documents. whIch comprise the entire Agreement between the
County and Contractor, shall be attached to this Agreement and made a part hereof.
On the Effective Date, the Agreement documents shall consist of !.he following:
. This Agreement
. The Exhibits to this Agreement: Exhibit I through Exhibit VIll
Thereafter. the Agreement shall be supplemented with the following:
. The Performance Bond and Insurance Certificates
. Any amendments to this Agreement that are approved by the Board and
Contractor
There are no Agreement documents other than those listed above.
3.2 Conflicts Between Aoreement Documents
in the event of a conflict between this Agreement and the provisions of any exhibit,
the provision of this Agreement shall control.
4 Service District
During the term at this Agreement. [he Contractor shall provide Collection Service to all
Customers within Service Dtstnct II. The legal descriptions of Service Districts I and II are
prOVided in Exhibits III(A) and 111(8), respectively. A map of the Service Districts is provided
in Ey.hibitIV.
5 General Provisions
5.1 County Vision. Mission, and Value Statements
Contractor agrees to uphold and promote the Vision, Mission. and Value Statements
of Collier County, which are contained in Exhibit VIIi.
5.2 General DE'_~criplion of Collection Services
5.2.1 Except as otherwise prOVlded herein. Contractor shall provide Collection
Service for all of the Residential Waste and Commercial Waste generated
by each Customer in Service District II.
5.2.2 Except as otherwise proVided herein, all Improved Real Property within
Service District II shall receive either Residential CollectIon Servu::e or
Commercial CollectIon ServIce.
5.2.3 Contractor shall deliver all of the Residential Waste and Commerdal Waste
collected pursuant to thiS Agreement to the Designated Sites, in compliance
with the requirements of this Agreement and the Ordinance.
5.3 Transition Prior to Commencement Date
Contractor is responsible ior ensunng a smooth transition in the Collection Service
provided to Residential Customers and Commercial Customers on the
11 of 71
Packet Page -1125-
3/22/2011 Item 16.E.2.
Commencement Date. No later than March 15,2005, Contractor shall submit to the
Director a Transition Plan Iha! contains a detailed description of how the Contraclor
will plan and prepare for the provision of Collection Service under this Agreement
The Transition Plan is subject to the approval of the Director. At a minimum,
Contractor must address the following specific performance requirements in the
Transition Plan and accompliSh them according to the following deadlines:
By April 1, 2005
By May 1, 2005
By June 15, 2005
By July 1, 2005
By July 15. 2005
By August 1, 2005
By September 1,
2005
By September 10.
2005
By September 15,
2005
By September 15,
2006
At least 2 weeks prior
to Commencement
Date
Contractor and County shall hold the first Transition
Planning Meeting.
Contractor shall provide 10 the Director a Collection Plan,
which shall be subject 10 the approval of the Director,
Contractor shall provide the Director with a revised
Collection Plan, if necessary.
Contractor shall submit !o the Director documentation
demonstrating that all necessary vehicles, equipment, and
containers have been ordered and will be delivered to
Contractor's equipment yard no laler Ihan August 1. 2005.
Contractor and County shall hold the second Transition
Planning Meeting
Contractor shall provide the Director With a Contingency
Plan.
Contractor shall provide to the Director a written safety
plan covering all aspects of Contractor's operations under
this Agreement.
Contractor shall confirm in writing to the Director that all of
the vehicles and containers necessary to provide Collection
Service have been delivered to Contractor's equipment
yard
Contractor shall confirm in writing to the Director that all of
the vehicles necessary to provide Collection Service have
been registered, licensed, and tagged, and otherwise are
ready to perform in compliance with the requirements of
this Agreement.
Contractor shall provide the Director with a vehicle and
equipment Iisl, which shall identjfy the make. type. year.
license number, and identification number for each vehicle.
Contractor shall deliver County-approved brochures or
other Informational materials to Residential and
Commercial Customers, informrng them about the
Contractor's Collection Service and collection schedules.
12 of 71
Packet Page -1126-
3/22/2011 Item 16.E.2.
5.4 Transition Prior to ExPiration of this Aoreement
5.4.1 Should the County choose no! to exercise the renewal options of this
Agreement or should no renewal options remain. the County anticipates
awarding a new agreement at least six (6) months prior to the expiration of
this Agreement. In the even! a new agreement has not been awarded
within such lime frame, Contractor shall provide Collection Service to the
County for an additional ninety (90) days after the expiration of this
Agreement. at the then established Rates, if the County requests said
service.
Contractor shall allow the County's newly selected franchise hauler(s) to
purchase, or rent for up to ninety (SO) days, Contractor's Commercial
Containers. The purchase price and/or rental fee shall be negotiated.
Prior to the expiration of this Agreement. Contractor shall work with the
County and the newly selected franchise hauler(s) to ensure a smooth
transition period with no interruption or reduction of service. The Contractor
shall comply wrth the following performance requirements and deadlines:
Provide to the Director and the selected francllisee a Commercial
Container inventory, in a fonna! acceptable to the County. that
includes each container's location (street address), capacity,
identification number. collection frequency. Customer name,
Customer contact mformallon. and whether the container is
owned by the Customer or the Contractor. Thereafter, the
Contractor shall not replace or exchange any Contractor-owned
containers listed in the Commercial Container Inventory. without
the Director's approval.
5.4.2
5.4.3
180 days prior to
expiration of
Agreement
150 days prior to
expiration of
Agreement
120 days pnor to
expiration of
Agreement
30 days prior to
expiration of
Agreement
Attend a coordination meeting with the selected franchisee and
the County. At the coordination meeting, the Contractor shall
provide a list of Contractor-owned containers that may be
purctlased by the selected franchisee.
Work with tile selected franchisee(s) to develop a mutually
agreeable schedule 10r removal of Contractor-owned Commercial
Containers and placement of the selected franchisee's conlainers.
The scheduie shall ensure no Interruption In Collection Service.
Implement the SChedule in cooperation with the selected
franchisee.
5.4.4 Prior to the expiration of this Agreement, the County may purchase the Roll
Carts. Recycling Bins, Recycling Carts. Commercial Containers and/or
Commercial Recycling Containers provided by the Contractor under this
Agreement. The County shall pay the Fair Market Value for any containers
lhat the County wishes to purchase from the Contractor.
5.5 Hours and Davs of Collection Service
5.5.1 Contractor shall not provide Residential CoUeclion Service pnor to 6:00
a.m. or after 6:00 p.m., unless olhelWise authorized by the Director.
13 of 71
Packet Page -1127-
3/22/2011 Item 16.E.2.
5.5.2 Contractor shall not provide Commercial Collection Service for Commercial
Customers located wIthin two hundred (200) feet of Residential Real
Property prior to 6:00 a.m. or after 6:00 p.m.. unless othelWlse authorized
by the Director. Contractor may provide Commercial Service at other
locations at any reasonable lime. subject 10 the Director's approval.
5.5.3 Collection Service shall be provided by the Contractor on Monday through
Saturday, except Holidays, or as othelWise authorized by the Director.
5.5.4 Contractor shall not be required 10 provide Collection Service on days that
the Designated Site is closed.
5.6 Routes and Schedules
Contractor shall establish Collection routes aM schedules thai satisfy the Collection
Service requirements of this Agreement and maximize the efficiency of the
Contractor's operation. Contractor shall submit its proposed Collection routes and
schedUles to the Director as part of !:he Contractor's Collection Plan. To the extent
practicable, Contractor shall ensure that the Collection Plan minimizes the changes
to existing Collection routes. Contractor's proposed Collection routes and Schedules
shall be subject to the Director's approval. Contractor shall provide Collection
Service JJ1 acc.ordance with the approved roules and schedules in Ihe Collection
Plan,
5.7 Chances to Routes and Schedules
5.7.1 After the Commencement Date, Contractor shall not change a Collection
route, a Collection schedule. or the method of providing Collection Service
unlilthe Contractor receives the Director's approval. Contractor shall submit
to the Director 11 description 01 aU Proposed route, schedule. artd
operational changes at least thirty (30) days prior to implementation of such
changes, unless an alternate notification deadline is approved by the
Director.
5.7.2 Contractor shall notify all affectecl Customers in writing regarding any
approved changes in the Contractor's schedule or method of providing
Collection Service, The notice shall be delivered at least two (2) weeks
prior to such change, unless a different schedule is authorized herein or by
the Director.
5.7.3 Contractor shall Inform the Director of any event that will cause delays In
the daily Collection schedule (e.g.. dIsabled trucks. accidents. or shortage
of staff) Within two (2) hours of the eve nt.
5.8 Addition of New Customers 10 Customer List
5.8,1 At least thirty (30) Days before the Commencement Date, the Contractor
shall obtain and review the County's Customer List and verify that the
Customer List is accurate and complete. The Customer Ust shall be
prepared by the County, based on the list that is used by Ihe County for the
collection of Ihe County's Special Assessment. The Contractor shall work
with the County Lo ensure that the Customer Lisl is accurate at all tImes.
The parties shall promplly notify e<lcl1 other of any Customers that should
be added to or deleted from the Customer UsL
5.8.2 The COUnty shall revise its Customer List and shall notify the Contractor
promptly after a new CertmC8te of Occupancy is issued by the County for
14 of 71
Packet Page -1128-
3/22/2011 Item 16.E.2.
Improved Real Property in Service Distric;\ II. Contrac;\or shall provide
Collection Service to each new Residential Customer when the Customer
places its Solid Waste at Curbside.
5.8.3 The Contractor shall terminate its Residential CollecUon Service within five
(5) Days after the Director provides the Contractor with the name and
address of a Customer has been deleted from the Customer List
5.84 Conlrac;\or shall provide Collection Service to Customers located in areas
that are added to the Contractor's Service District during the term of [his
Agreement.
5.9 Holidavs
5.9.'1 Contractor shall not be required to provide Collection Service on Holidays.
5.9.2 When the scheduled Day for Collection Service for a Commercial
Customer is a Holiday, the Contrac;\or shall provide Collection Service to
the Commerdal Customer on the Day before the Holiday, if such service is
requested by the Commercial Customer, or the Contractor shall provide
Collection Service to the Commercial Customer on the next Day following
the Holiday.
5.10 General Collection Procedures
510.1 Contractor shall thoroughly empty Collection Containers and return them in
an upnght position to the location where they were placed by the Customer.
5,10.2 Contractor shall handle Collec;\lon Containers caretully and in a manner to
prevent damage.
5.10.3 Contractor shall provide Collection Service witll as litUe noise and
disturbance a~ possible.
5.11 Mixlno Loads of MaterialS
5.11.1 Contrac:tor shall not combine Loads of Solid Waste or other materials
collected pursuant to this Agreement with Loads of Solid Waste or other
materials collected outside of the Contractor's ServIce Distnct. without the
prior written approval of the Director
5.11.2 During the Collection process, each one of the following materials shall be
handled separately by the Contrac;\or, and shall not be combined with any
other type of matenal, without the Director's pnor approval: Yard Trash:
Program Recyclables; Bulk Waste; White Goods; Electronic Equipment;
Tires: or any other matenals that are to be handled separately under this
AgreemenL
5.11.3 Contractor shall not combine Program Recyclables with any other matenal.
511.4 Contractor shall not combine ResidentIal Waste with Commercial Waste. or
Residential Program Recyc~bles with Commercial Recyclables. Without the
Directors pnor written approval. At the sole discretion of the County,
combining such materials may be considered in instances where this
practice will result in savings to the Customer or County. In such cases. the
Contractor shall file a petition with the Director, descnblng the speCific
procedures that will be established to properly account for the mixed
materials. Unless the Director approves an alternate procedure, the
15 of 71
Packet Page -1129-
3/22/2011 Item 16.E.2.
Contractor shall pay the Tipping Fee for Residential Waste when
Commercial Waste is mixed with Residential Waste, and the Contractor
shall pay the Tipping Fee for Commercial Waste when Residential Waste is
mixed with Commercial Waste.
5.12 Non-Collection Procedures
5.12.1 Contractor is not required to collect Solid Waste, Program Recyclables, or
other malerials that have not been Set Out for Collection by a Customer in
accordance with Section 6 and lhe other provisions of this Agreement. If
such materials are not collected, Contractor shall immediately place a Non-
COllection Notice on the container or Non-Conforming Materials. If the
Contractor does not place a Non-Collection Notice on the container or
material, the Director may require the Contractor to return promptly and
collect the malerials. If the Director notifies the Conlractor before 12 p.m.
(noon), the Collection shall be completed before the end of the Day. If the
Director notifies the Contractor after noon, the Collection shall be
completed before noon on the next Day,
5.12.2 Contractor is responsible for visually inspecting each Customer's Recycling
Containers to determine whether they contain Non-Conforming Materials,
Non-Program Recydables, andlor excessively contaminated Recyclable
Matenals. Contractor shall leave Non-Conforming Material, Non-Program
Recyclables, and excessively contaminated recyclables in the Recycling
container, and shall Immediately place a Non-Collection Notice on the
Container explaining why the material was rejected.
5.12.3 In the event a Commercial Container or CommerClal Recycling Container is
overfilled and cannot be safely dumped, the Conlractor shall Immediately
place a Non-Collection Notice on the container. notify the Customer. and
reschedule service. Rescheduling shall be considered a Supplemental
Collection Service, which can be arranged between the Contractor and the
Customer for an additional fee. The fee IS set forth in Exhibill(B).
5.12.4 Contractor shall refuse to collect Solid Waste from a Customer if the
Contractor believes that the Solid Waste coniains Hazardous, Radioactive.
or Biomedical Waste. If the Contractor believes a Customer is depositing
such waste for Collection, the Conlractor shall place a Non-Collection
Notice on the container, lake photographs of the Improper waste (if
possible), and immediately nolify the Director. If the generator of such
waste is unknown, the Contractor sha/J work with the Director to identify Ihe
generator of such waste,
5.12.5 If a Commercial ContaIner or Commercial Recycling Contarner rs
temporarily rnaccessible or blocked, the Contractor shall promptly (i.a_.
within two hours) notify the Customer by telephone concemrng the
Contractor's inablHly to provide Collection Service The Contractor shall
ofier to proVide Collection Service later in the same Day, whenever
feasible. The Contractor also shall notify the Director by telephone or by
electronic man, before the end of the Day. The Contractor shall provide
service on the Customer's next regular Collection Day, unless a special
Colleclron is arranged for an earlier time. Special Collection limes can be
arranged with the Contractor for an additional fee. which is set forth in
Exhibit 1(8).
16 of 71
Packet Page -1130-
3/22/2011 Item 16.E.2.
5.12.6 The design and content of the Non-Collectlon NoUce(s) used by the
Contractor shall be subject to the approval of the Director. At a minimum,
Non-Collection Notices shall provide the following information: the
Contractor's reason for not providing Collection Service; infonnation that
will allow the Customer to correct the problem; and a County telephone
number for any further questions.
5.13 Missed Collection Procedures
Upon notification by the Director of a legitimate Complaint regarding a Missed
Collection, the Contractor shall promptly retum to the Customer's Premises and
collect all properly prepared Solid Waste and Program Recyclables. If the Director
notifies the Contractor before 12 p.m. (noon), the Collection shall be completed
before the end of the Day. If the Director notifies the Contractor after noon, the
Collection shall be completed before noon on the next Day.
5.14 Protection of Private and Public Prooertv
5.141 Contractor's employees shall not trespass on private property for any
reason (e.g., to access an adjacent property), unless the resident or owner
of said properly has given permission.
5.14.2 Contractor's employees shall take care to prevent damage to public and
private roadways and properly, including flowers. shrubs, and other
plantings.
5.14.3 Contractor shall be responsibie for all costs associated with the repair or
replacement of property thal has been damaged by the Contractor's
equipment, employees or agents. The Contractor shall promptly investigate
and respond to any claim concerning property damage. If the Director
Jlotifies the Contractor before 12 p.m. (noon) concerning any such damage.
the Contractor shall investigate and respond to the Director before the end
of the Day. If the Director notifies the Contractor after noon, the Contractor
shall investigate and respond to the Director before noon on the next Day.
Contractor shall promptly repair any damage. at its sole expense, within
three (3) Days, unless the Contractor requests and the Director grants
approval of an extension of bme. The County's approval shall not be
unreasonably withheld. Any disputes concerning the Contractor's
obligations for tile repair of damages shall be resolved by the Director.
5. 'IS Access to Streets and Collection Containers
515.1 Contractor's vehicles shall not unreasonably Interfere with vehicular or
pedestrian traffic. Contractor's vehicles shall not be left standing on streets
and alleys unallended.
5.15.2 If the Contractor cannot provide Collection Service to a Customer because
a pUblic or private street IS temporarily closed to vehicular traffiC, Contractor
shall noUfy the Director within two (2) hours and shall return within twenty-
tour (24) hours to service Customers located on the slreet If at that time
the street IS stili temporarily closed, Contractor shall provide Collecbon
Service to the Customer(s) on the next regularly scheduled Collection Day.
5.15.3 The County reserves the right to deny the Contractor's vehicles access to
certain streets, alleys and roadways where the County determines it is in
the public's best interest. The County shall provide the Contractor with
17 of 71
Packet Page -1131-
3/22/2011 Item 16.E.2.
reasonable notice of such access denial so that the County's action does
not interfere unduly with the Contractor's normal operation.
5.15.4 The Contractor shall use suitable vehicles and equipment, as necessary, to
provide Collection Service on dead-end streets. The Contractor's vehicles
shall not enter or drive upon any private driveways or Premises, to turn
around or for any other purpose, and Contractor shall repair any damage it
causes to such areas, pursuant to Section 5.14.3, above. However. if the
use of a private driveway is authorized in writing by the Director, the County
shall be responsible for the repair of such driveway, provided that
Contractor uses the driveway in compliance with any conditions and
limitations contained in the Director's authorization.
5.15.5 If access to a street, alley, or public or private way becomes impassable or
if access is denied, Contractor shall work with the County and the Customer
to determine a mutually acceptable location for the Collection of Residential
Waste or Commercial Waste. If a mutual agreement cannol be reached.
Collection shall be from the nearest public way that is accessible by the
Collection vehicle, or other location specified by the Director.
5.15.6 If the Contractor encounters Customers or situations that prevent or hinder
the Contractor from gaining access needed to provide the Collecbon
Service required in this Agreement. the Contractor shall report such cases
to the Director.
5.16 Desianated Sites
5.16.1 Contractor shall deliver all of the Solid Waste collected under this
Agreement to the Designated Site. unless the Director approves the use of
a different Solid Waste management facility. The Designated Site tor Solid
Wasle is the Immokalee Landfill.
5.16.2 Contractor shall abide by any applicable requirements concerning the
delivery of materials to the Designated Site{s).
5.16.3 Unless instructed otherwise by the Director, the Contractor Shall segregate
and separately dispose of Garbage, White Goods. Tires, lead-acid
batteries, Bulk Waste, and Yard Trash at designated areas of the
Immokalee Landtlll. The Contractor shall not pay a Tipping Fee tor Ihe
disposal of these materials at the Immokalee Landfill if such materials were
collected from the Contractor's Residential Customers under this
Agreement.
5.16.4 The Contractor may deliVer materials to the Immokalee Landfi.ll during the
follOWing hours of operation:
!Designated Disposar I' ~
I Site: _ i Hours of Delivery; ._ ...1
Ilmmokalee LandfillJ 8:00 a.m. to 5:00 D'I11-,,-~onday through Saturday. .
5.16.5 Program Recydables, Recovered Materrals, and Electronic Equipment
collected under this Agreement shall be delivered by the Contractor to the
Designated Sttes for such matenals. The Designated Sites for Program
Recyclables, Recovered Materials, and Electronic Equipment shall include
all properly licenSee! Recycling Facilities, subject to the Director's approval.
18 of 71
Packet Page -1132-
3/22/2011 Item 16.E.2.
5.17 Splllaoe and Litter
5.17.1 Contractor shall not cause or allow any Solid Waste or aUler material to be
spilled. released. or otherwise dispersed in the County as a result of the
Contractor's activities under this Agreement. When hauling or transporting
any material over public roads in the County. the Contractor shall use a
covered or enclosed vehicle or other device that prevents the material from
faUing, blowing, or otherwise escaping from the vehicle.
5.17.2 If Solid Waste, Recyclable Materials, or any other material escapes from or
is scattered by Contractor's vehicle for any reason, Contractor shall
immediately pick up such material.
5.17.3 Contractor shall Immediately pick up any spillage from Collection
Containers caused by the Contractor. Overloaded Commercial Containers
shall not be considered spillage by the Contractor.
5.17.4 Contractor's vehicles sllall not release or cause liller in violation 01 the
"Florida Litter Law", Section 403413, Florida Statutes. or the County's
Ordinance. If Solid Waste, Recyclable Materials, or other litter is released
or falls from Contractor's vehicle lor any reason. [he Contractor shall
immediately stop the vehicle and retrieve the litter Failure to do so shall be
considered a violation of the Florida Liller Law and this Agreement.
5.17.5 The Contractor shall immediately clean up any oil or hydrauhc fluid that
leaks or spills from Contractor's vehicles. It the Director notifies the
Contractor before 12 p.m. (noon) concerning any leaks or spills, the
Contractor shall complete its clean-up activities before the end of the Day.
If the Director notifies the Contractor after noon, the Contractor shall
complete its clean-up before noon on the next Day. The Contractor also
shall repair any associated damage, pursuant to Section 5.14.3, above.
518 Exempt Materials
The following types 01 Exempt Materials are not subject to the Contractor's exclusive
franchise under this Agreement. These Exempt Materials may be collected and
taken to a licensed disposal site or Recycling Facility by the owner or occupant 01 the
Premises, or their agent. at the owner's or occupant's expense.
5.18.1
5.18.2
5.18.3
518.4
5" 18.5
5.18.6
5.18.7
5.18.8
Land Clearing Debris.
Conslr1Jction and Demolition Debris.
Trash and debns associated with farming operations.
Extraordinary. Hazardous, Biomedical, and Radioactive Waste.
Wrecked, scrapped. rUined or dismantled motor vehIcles, or motor vehicle
parts. including used oil. Tires, and batteries.
Recyclable Materials generated by a Commercial Customer, proVided the
materials are subjected to a recyclirlg process, and the Commercial
Customer reports to the Director, upon request. about the disposition of the
Recyclable Materials.
Non-Program Recyclabies generated and separated from the Waste
Stream by Residential Cuslomers.
Solid Waste and by-products resulting from an industrial process.
19 of 71
Packet Page -1133-
3/22/2011 Item 16.E.2.
5.18.9
Solid Waste and Recyclable Materials generated In the incorporated areas
of Collier County.
Sludge.
Liquid, semisolid, or contained gaseous material resulling from domestic,
Industrial, commercial, mining, agricultural, or governmental operations.
Commercial Organics.
Yard Trash generated on Commercial Real Property.
Materials and wastes similar to those listed above, when designated by the
Director.
5.19 Safety Prooram
5.18.10
5.18.11
5.18.12
5.18.13
5.18.14
5.19.1 The Contractor shall develop, implement and maintain a written safety plan
for all of its operations under Ihis Agreement, as required by OSHA and
other Applicable Laws. A written copy and an electronic copy of the safety
plan shall be provided to the Director. The Contraclor shall comply wjth Its
safety plan at all times.
5.19.2 The Contractor shall appoint an employee who is qualified and authorized,
as defined by OSHA, to supervise and enforce safety compliance.
5.19.3 The Contractor shall provide routine safety training to Its employees, in
c;ornpliance with OSHA and all Applicable Laws. Refresher courses and
supplemenlal training shall be provided as necessary. Documentation of
the Contractor's training programs. and successful training of each
employee, shall be maintained On file and shall be provided 10 the Director
upon request.
5.19.4 The Contractor Shall follow ail OSHA regulations and Applicable Laws with
regard to personal protective equipment. The Contractor's employees shall
be instructed to drive in a defensive manner.
5.19.5 A written procedure shall be established for the immediate removal 10 a
hospital or a doctor's care of any employee or other Person that is injured
and requires care from the Conlractor.
5.20 Collection Plan
5.20.1 The Contractor shall prepare a Collection Plan thaI describes in detail how
the Contractor will proVide Collection Services In compliance With the
requirements in this Agreement. AI a minimum. the Collection Plan shall
identify and describe Ihe vehicles, equipment, routes, and SChedules the
Contractor will use. The Collection Plan shall include a legible map fOf
each Collection roule, identifying the Day(s) when Collection Service will be
provided, the starling and ending pOllJts for Collection Service, and the type
of Collection Servic:e that will be provided on each Collection Day.
5.20.2 The Collecllon Plan shall describe the Contractor's plan for recycling the
Recyclable Materials collected under this Agreement. At a minimum. the
Collection Plan shallldenlify the number and types of vehicles that will be
used to collect Recyclable Materials, and the Recycling Facility that will
receive the Recyclable Materials.
20 of 71
Packet Page .1134-
3/22/2011 Item 16.E.2.
5.20.3 The Collection Plan shall Include the manufacturer's specification sheets for
the Contractor's Recycling Bins, Recycling Carts, Roll Carts, and
Commercial Containers. as provided in Section 10.3.4 herein.
5.20.4 An updated Collection Plan shall be submitted to the Director within two (2)
Days whenever the Contractor changes the Collection Plan.
5.20.5 The Collection Plan. and any revisions to the plan, are subject to the
Director's approval.
5.21 Ownership of Solid Waste and Prooram Reevclables
From the time that Solid Waste and Program Recyclables are placed at the Curbside
or other authorized location for Collection. such materials shall be the sole property
of the County.. Except where specifically approved in this Agreement, neither the
Contractor nor ils employee(s) shall have the right to take, keep, process. alter.
remove or otherwise sell or dispose of any of the Solid Waste or Program
Recyclables collected pursuant to this Agreement, without the prior written approval
of the Director.
5.22 Compaction of Proqram Reevclables
Contractor may compact Program Recyclables while on board the Contractor's
vehicle. provided that the compaction process and the density of the Load does not
adversely affect the marketability of [he Program Recyclables. The density shall be
computed by dividing the weight of the Program Recyclables in the Load by the
capacity (measured in cubic yards) of the compartment holding the Program
Recyclables on the Contractor's vehicle. If the compaction process or density affects
the marketability of the Recyclable Materials, the allowable density may be changed
by the Director Further. the allowable density may be changed by the Director if the
County reqUires the Contractor to deliver the Program Recyclables to a Recycling
Facility in Collier County pursuant to Section 18.2 herein.
5.23 Sale of Prooram Reevelables
At its cost, the Contractor shall market and sell all of the Residential Program
Recyclables and Commercial Recyclables collected by the Contractor pursuant to
this Agreement. The Contractor shall be entitled to keep all of the revenues from the
sale of these Recyclable Materials, and shall pay for the disposal of all unmarketable
materials. The Contractor shall provide the Director with accurate. detailed reports
concerning the revenues denved from the sale of Recydable Matenals collected in
the County. The report shall separately identify the revenues derived from the sale
of each one of the Program Recyclables. The report shall clearly explain how the
Contractor estimated the weight and value of the Recyclable Materials in those
cases where estimates were used. The reports shall be submitted monthly and
annually with the other infonnation required pursuant to Sections 16.2 and 16.3 of
this Agreement.
5.24 Disposal of Recvclable Materials
5.24.1 Except as expressly authorized herein. the Contractor shall not dispose of
any Program Recyclables that have been collected in the County. Such
male rials shall be sold or otherwise used for a beneficial purpose.
5.24.2 Rejects and Residue shall be beneficially reused or delivered to a Solid
Waste management facility for disposal.
21 of 71
Packet Page -1135-
3/22/2011 Item 16.E.2.
5.24.3 The Contractor may file a written petition for relief with the Board if the
Contractor detennines Ihal the net cost of mark.eling one or more of the
County's Program Re.cyclables exceeds the net revenues derived from the
sale of all of the Program Recyclables. The Contractor's petltion shall
contain a detailed accounting of the Contractofs costs and revenues for the
marketing and sale of Program Recyclables. The pelition shall
demonstrate thai no commercially viable markets have been available to
the Contractor for at least ninety (90) calendar days and none are expected
to arise within the next ninety (90) calendar days. When evaluating the
Contractor's costs, the County shall not consider the costs associated with
the Collection, transportation, storage, and preparation of the Recyclable
Materials. If the Board determines that relief is appropriate, the Board may:
(a) delete one or more Recyclable Materials from the list of Program
Recyclables; (b) reimburse the Contractor for those marketing costs
incurred by the Contractor in excess of the revenues generated from the
sale of the Program Recyclables; (c) allow the Contractor to dispose of the
unmarketable materials at the Immokalee Landflll, without paying the
Tipping Fee; or (d) such other relief as the Board deems appropriate.
5.24-4 If the Contractor files a petition with fhe Board, the Manager shall review
the peUlion within ten (10) Days and, if the petition appears to be
meritorious, the Manager shall allow the Contractor to take the County's
unmarketable Program Recyclables to the Immokalee Landfill for disposal
until the Board makes a final determination concerning tbe Contractofs
petition. In such cases, the Contractor shall not pay a Tipping Fee at the
Immokalae Landfill for the disposal of the unmarketable materials.
6 Set Out Procedures
6.1 Residential Customers
6.1.1 Except as otherwise prOVided herein, Residential Customers shall use
Curbside Containers for the CoUectlOl1 of Garbage, Rubbish. and Yard
Trash. and shall use Recycling BillS for the Collection of Program
Recyclables. Residential Customers may use heavy-duty plastic bags for
excess Garbage or Rubbish.
6.1.2 Roll Carts shall be used by Residential Customers for Garbage or Rubbish,
but not Yard Trash. Other types of Curbside Containers, except plastic
bags, shall be used for Yard Trash, Such containers are subject to the
Director's approval, and shall: (a) be constructed so as to prevent intrusion
by water and animals. and the expulsion of its contents; (b) have a cover
that is free trom sharp edges: and (c) not have InSide structures that
prevent the free discharge of the containefs contents. Such containers
shall not exceed thirty-two (32) gallons In capacity or My (50) pounds in
weight when filled.
6.1.3 Residential Program Recyclables shall be Set Out for Collection in
Recycling Bins. Cardboard placed in Recydtng Bins shall be flattened and,
if necassary, cut 10 a maximum size of 3 It x 3 ft. Cardboard may also be
stacked and placed outside the Recycling Bin.
22of71
Packet Page -1136-
3/22/2011 Item 16.E.2.
6.1.4 Discarded materials from small household repairs, renovations or projects
shall be placed in a Roll Cart.
6.1.5 Curbside Containers, Roll Carts, Recycling Bins, Recycling Carts, and any
non-containerized waste appropriate for Curbside Collection shall be placed
at the Curbside prior to 6:00 a.m. on the scheduled Collection Day. These
containers and materials shall be placed at least four (4) feet from
mailboxes or other obstacles.
6.1.6 A Residential Customer shall not Set Out for Collection more than four (4)
Tires and two (2) lead acid batteries per month.
6.1.7 A Residential Customer snail contact the Director when the Customer
wishes to receive Curbside Collection of Bulk Waste, White Goods,
Electronic Equipment. Tires, or lead acid batteries.
6.2 Commercial Customers
6.2.'1 Commercial Customers shall use Commercial Containers and/or Roll Carts
for the Collection of Commercial Waste. The Director may authorize ttle
use of Curbside Containers by Commercial Customers where efficiency or
other circumstances jusllfy.
6.2.2 Commercial Customers shall place all Commercial Waste and Recyclable
Matenals in a Collection Container.
6.3 Residential and Commercial Customers
6.3.1 Garbage. Organic Waste, and similar putrescible waste shall not be
collected, stored, or Set Out in an open, uncovered Collection Container.
6.3.2 Solid Waste and Yard Trash shall not be piaced In the same Collection
Container.
6.3.3 Yard Trash placed in Curbside Containers shall not exceed four (4) feet in
length or fifty (50) pounds in weight. and shall not extend more than twelve
(12) inches over the top of the Curbside Container. Yard Trash shall not be
Set Out for Collection in plastic bags.
6.3.4 Customers shall not overfill Roll Carts, Recycling Carts, or Commercial
Containers such that lids cannot be securely closed.
6.3.5 Yard Trash that is not containerized shall be bundled and securely tied with
a cord or other material strong enough to support the weight of the bundle
Non-containerized Yard Trash shall not exceed fifty (50) pounds in weight.
Non-containerized Yard Trash shall nol exceed four (4) feet In lenglh 0; four
(4) inches in diameter. The foregOing restrictions also shall apply to other
types of non-containerized Solid Waste, except Bulk Waste and
Extraordinary Waste.
6.3.6 All Collection Containers shaU be placed in locations that allow easy access
and convenient use by Customers. and are readily accessible to the
Contractor's vehicles.
6.3.7 Commercial Containers shall be placed on a paved level surface. All
approaChes to Commercial Containers shall be capable of supporting the
weight of the Collection vehicle.
23 of 71
Packet Page -1137-
3/22/2011 Item 16.E.2.
6.3.8 In the event the Customer and Contraclor cannot agree upon an
appropriate location for a Collection Container, the Director shall mediate
the dispute and designate the point of Collection.
6.3.9 When necessary to carry out the purpose and intent of this Agreement. the
Director may authorize the placement of a Colleclion Container off of the
Premises. Public rights-of-way .may be used only in circumstances where
the placement of the Collection Container shall not Interfere with or obstruct
the primary purpose of the right-of-way.
7 ResldentJal Collection Service
7.1 Basic Collection Service and Collection Freouencv
7.1.1 The Contractor shall provide the following Collection Service to each
Residential Customer
7.1.1.1 Garbage and Rubbish shall be collected at Curbside at least lwo
times each week. This service shall be provided not less than forty-
eight (48) hours and not more than seventy-two (72) hours between
regularly scheduled Collection Days.
7.1.12 Yard Trash shall be collected at Curbside at least once each week.
This service shall be provided on one of the two Days when Garbage
is collected.
7.1 1.3 Program Recyciabies shall be collected at Curbside at least once
each week. This service shall be provided on one 01 the two Days
when Garbage is collected. Program Recyclab!es shall be collected
twice each week if the County Implements a pUblic education program
to increase recycling rates and then reasonably determines that there
IS a sufficient demand to warrant the Collection 01 Program
Recyclables twice per week. In addition, the Contractor shall place
sectioned or compartmentalized containers at all public schools in
ServIce District II for the Collection of computer paper, newspaper.
and mixed fiber materials.
7.1.1.4 Bulk Waste shall be coJlected at Curbside at least once each week.
This service shall be provided on one of the two Days when Garbage
is collected, whenever possible The Contractor shall note all
unreported Bulk Waste on all Collection routes, and shall promptly
report such material to the Director. Upon request by the Director or a
Customer, the Contractor shall pick up such Items on the next
scheduled Collection Day for Bulk Waste. However, a request for
Bulk Waste Collection must be made at least forty-elght (48) hours in
advance of the next regularly scheduled Day for the Collection of Bulk
Waste.
7.1.1.5 Wllile Goods shall be collected at Curbside alleast once each week.
This service shall be provided on one of the two Days when Garbage
is collected. whenever possible. The Contractor shall note all
unreported White Goods on all Collection routes. and shall promptly
report such material to the Director. Upon request by the Director or a
Customer, the Contractor shall pick up such items on the next
24 of 71
Packet Page -1138-
3/22/2011 Item 16.E.2.
scheduled Collection Day for White Goods. However. a request for
White Goods CollecUon must be made at least forty-eight (48) hours
in advance of the next regularly scheduled Day for the Collection of
White Goods.
7.1.1.6 Tires and lead aCId batteries shall be collected at Curbside once each
week when Bulk Waste is collected; however. the Contractor is not
required to collect more than four (4) Tires and two (2) lead acid
batteries per month from any Residential Customer.
7.1.1.7 Electronic Equipment shall be collected at Curbside at least once
each week This service shall be proVided when Bulk Waste is
collected. The Contractor shall note all unreported Electronic
EqUipment on all Collection roules and shall promptly report such
material to the Director. Upon request by the Director or a Customer,
the Contractor shall pick up such items on the next scheduled
Collection Day tor Electronic EqUipment However, a request for the
Collection of Electronic Equipment must be made at least forty-eight
(48) hours In advance of the next regularly scheduled Day for the
Collection of Electronic Equipment.
7.1.2 Contractor shall proVide Back Door Service to handicapped Residential
Customers at no addItional charge. Upon request by the Director or
Contractor. such Customers shall annually provide: (a) a written statement
from a licensed physician, documenting the nature of the handicap and the
need for Back Door Service. and (b) written confimlation that no able-
bodied Person resides in the household.
7 1.3 Except as otherwise expressly provided herein. the Contractor is not
obligated by this Agreement 10 collect Extraordinary Waste
7.2 Supplemental Collection Services
7.2.1 Contractor shall offer Residential Supplemental Collection ServiceS to
Residential Customers. including. but nollimited to Back Door Service for
non-handicapped Customers.
7.2.2 Customers desinng Residential Supplemental Collection Services shall
request such services directly tram the Contractor. The specific
arrangements for Residential Supplemental Collection Services are to be
determined between the Customer and the Contraclor. No such services
shall be provided until the Contractor notifies the Customer of the amount of
the Contractor's fee and receives the Customer's conlin'!1ation that the fee
is acceptable
8 Multi-Family Collection Service
8.1 Customers occupying Multi-Family Residences shall receive Residential Collection
Service or Commercial Collection Service. A Customer occupying a Mum-Family
Residence shall receive Residential Collection Service if the Customer pays the
County's Special Assessment or receIVes the Director's approval for such service.
All other Customers occupying Multi-Family Residences shall receive Commercial
Collection Service.
25 of 71
Packet Page -1139-
3/22/2011 Item 16.E.2.
8.2 A Customer occupying a Multi-Family Residence and receiving Residential
Collection Service shall receive the same level of service, and shall be SUbject to the
same Rates and requirements, as any other Customer receiving Residential
Collection Service,
8.3 A Customer occupying a Multi-Family Residence and receiving Commercial
Collection Service shall receive the same level of service, and shall be subject to the
same Rates and requirements, as any other Customer receiving Commercial
Collection Service.
8.4 The Contractor's exclusive franchise for the collection of Residential Program
Recyclablesincludes the Collection of Program Recyclables generated by those
Cuslomers lhat occupy Multi-Family Residences. even if the Customers receive
Commercial Colledion Service.
9 Commercial Collection Service
9.1 Basic Collection Service and Collection Frequencv
9.1.1 Commercial Collection Service for Garbage and Rubbish shall be arranged
between the Commercial Customer and the Contractor.
9.1.2 Commercial Cllstomers shall enter into a contract with the Contractor for
the Colleclion of Commerclal Waste and shall pay the County's approved
Rates for their Collection Service. The Rates established in Exhibit I(A)
include container rental fees.
9.1.3 This Agreement does nol authorize or require Contractor to coHect Yard
Trash or provide Commercial Lawn Care Service.
9.1.4 The minimum Collection frequency lor Commercial Customers shall be one
time per week. with Collection not more than seven (7) calendar days apart,
except for Holidays. Unless; the Director approves a different schedule,
Commercial Collection Service shall be provided at least twice each week
for restaurants. grocery stores, and other facilities that generate Significant
quantities of Garbage and other types of putrescible waste.
9.1.5 Where several Commercial Customers are within dose proximi1y to each
other (e.g., in the same shopping center or mall), such Customers may
enter into a join I agreement with the Contractor for Ihe Collection of theIr
Commercial Waste
9.2 SUPPlemental Collection Services
9.2.1 Contractor shall offer Supplemental Collection Services to Commercial
Customers. inc:luding but not limited to the services described in Exhibit
1(8). The list of Supplemental Collection Services and the associated Rates
may be revised when the Board adopts its annual resolution approving the
Contractor's Rates.
9.2.2 Commercial Customers desiring Supplemental Collection ServiC'.es sl1all
request such services directly from the Contractor The specific
arrangements for Supplemental Collection Services are to be determined
between the Customer and fhe Contractor. No such services shall be
provided until the Contractor notifies the Customer of the amount of the
26 of 71
Packet Page -1140-
3/22/2011 Item 16.E.2.
Contractor's fee and receives the Customer's confirmation that the fee is
acceptable.
9.2.3 Contractor shall bill Customers directly lor Commercial Supplemental
Collection Services in accordance with the Rates stated in Exhibit 1(8),
unless the County assumes responsibility for billing Commercial
Customers.
9.3 Commercial Recvclino Services
The Conlractor shall olter to collect Recyclable Materials from its Commercial
Customers, and such service shall be available at leasllwo (2) times each week. in
this capacity, the Contractor shall act as a Private Hauler. The Conlractor shall be
responsible lor billing and collecting payment lor ils services as a Private Hauler
9.4 Contracllor COllection Service
9.4.1 The Contractor shall prepare a standard form that will be used as its
contract with Commercial Customers. The proposed form shall be provided
to the Director for approval at least sixty (60) calendar days before the
Commencement Date, and whenever the Contractor proposes to change its
content The terms and conditions contained in the form shall be consistent
with the requirements in this Agreement
9.4,2 The Contraclor's contract shall identify all of the services that the Contractor
will provide 10 the Customer and all 01 the associated costs. No fees or
charges may be collected from a Customer unless such fees and charges
were disclosed in the Contractor's contract
9.4.3 The Contraclor's contract for CommerCIal Customers shall contain the
following rnformation. unless alternate language IS approved by the
Director:
"REGULATION BY COLLIER COUNTY"
This contract for the collection ot Commercial Solid Waste is regulated
by Collier County. If you have any questions regarding the terms and
conditions In this contract. you may call the County at (239) 403-2350.
"COMMERCIAL COLLECTiON CONTAINERS"
You may prOVide your own Commercial Container (e,g" a roll-off
container or compactor) for the solid waste that you generate on your
property: provided that your Commercial Container is one that can he
serviced by the Contractor's =lIection equipment In the alternative,
you may obtain a Commercial Container from the Contractor. In
either case. the CommerCial Container must be maintained in a safe,
sanitary, serviceable condition by the owner 01 the Commercial
Container
270171
Packet Page -1141-
3/22/2011 Item 16.E.2.
"SUPPLEMENTAL SERVICES"
The Contractor may provide supplemental services to you, but may
only charge the Rates approved by Collier County. The cost of the
supplemental services must be separately identified below, in the list
of "Rates for Services."
"RATES FOR SERVICES"
The County has approved standard rates for the collection of
Commercial Solid Waste and for supplemental services. Under this
contract, you will pay the following fees for the Contractor's services.
You may call the County if you have any questions about the
Contractor's rates:
(a) CHARGES FOR COLLECTION
(b) CHARGES FOR DISPOSAl
(c) CHARGES FOR SUPPLEMENTAL SERVICES
(d) TOTAL
9.5 Termination of Commercial Collection Service
9.5.1 The Contractor may terminate Collection Service when a Commercial
Customer fails to pay for service and the following procedure has been
followed.
9.5.1.1 When a Commercial Customer's paymenl is thirty (30) calendar days
past due, the Franchisee may mail to such Commercial Customer a
notice of intent to terminate service il1ten(10) Days.
9.5.1.2 If the Commercial Customer desires to dispute the bill, the Customer
shall notify the Director in writing within the ten (10) Day period, Upon
receipt of the Customer's notice, the Director shall resolve the dispute.
9.5.1.3 If the balance remasns unpaid after the ten (10) Day periOd provided
above. or ten (10) Days following issuance of a written finding by the
Director, the Contractor may discontinue Collection Servie.6 to the
Customer. The Contractor shall notify the Director within one (1) Day
after service is terminated.
Upon being notffied, the County shall take whatever action it deems
appropriate to enforce compliance with the provlsiom; of the County's
Ordinances.
9.5.1.4
9.5.2 In the event service is terminated, the Contractor is authorized to remove
from the Customers Premises any Commercial Containers, Commercral
Recycling Containers. or other equipment belongIng to the Contractor.
9.5.3 Contra~ior IS authonzed to charge interest on delinquent accounts with
Commercial Customers and to charge a fee for resumpli.on of service, as
provided in Section 26.1.5 of this AgreemenL
28 of 71
Packet Page -1142-
3/22/2011 Item 16.E.2.
10 Collection Containers
10.1 Provision of Containers
10.1.1 Curbside Containers
10.1.1.1 Customers may provide their own containers (up to 32 gallons in
capacity) for Yard Trash and shall retain ownership of such
containers.
i 0.1.1.2 The Contractor shall ensure that each Residential Customer has at
least one (1) Roll Cart at all times during the term of this Agreement.
The Contractor shall provide at least one Roll Cart to eacl1 Residential
Customer that does not have one.
10.1.1.3 One Roll Cart shall be provided by the Contractor to each Residential
Customer at no cost. Additional Roll Carts may be purchased by the
Customer. at the Contractor's invoice price, plus a reasonable fee ror
delivery, The invoice price is subject to the Director's approval. The
delivery fee is sel forth in Exhibit I(B).
10.1.1.4 Each Customer shall have the option of receiving a thirty-fIVe (35),
sixty-tour (64), or ninety-six (96) gallon Roll Cart. Thereafter, the
Customer may exchange Its Roll Cart one time for a different Size,
which shall be provided by the Contractor at no cost to the Customer.
The Customer shall pay a fee to the Contractor if the Customer
Wishes to exctlange lis Roll Cart for a different size more than once.
The fee is set forth in Exhibit I(B).
10.1.1.5 The Contractor shall otter appropriately-sized Roll Carts to age-
restricted communities on a ~ommunity-wide basis. and in other
speCial cases, as determined by the Director alter consultation with
the Contractor
10.1.1.6 The Contractor shall provide a new Roll Cart to new ReSidential
Customers within five (5) Days of notification by the County.
10.1.2 RecvclinG Bins and RecvcJlnq Carts
10 1.2.1 The Contractor shall ensure that each Residential Customer has at
least one (1) Recycltng Bin at all times during the term of this
Agreement. Upon request by the Director, the Contractor shall deliver
up to two (2) Recycling Bins to Residential Customers that do not
have them.
10.1.2.2 The County shall provide the Recycling Bins to the Contractor ror
distribution
10.1.2.3 The Contractor shall deliver up to two (2) Recycling Bins to new
Residential Customers within five (5) Days of notification by the
Director.
10.1.2.4 When requested by the Director, the Contractor shall deliver one or
more Recycltng Carts to those Residential Customers that produce
large quantities of Recyclable Materials. The Recycling Carts shall be
provided only to Residential Customers who are not engaged In a
commercial bUSiness activity at lheir residence. The County shall
provide the Recycling Carts to the Contractor.
29 01 71
Packet Page -1143-
3/22/2011 Item 16.E.2.
10.1.3 CommercIal Containers
10.1.3.1 Commercial Customers may use !heir own Commercial Containers,
provided the contamers are compatible with the Contractor's
Collection equipment Commercial Customers also may obtain
Commercial Containers from the Contractor,
10.1.3.2 Upon request by a Commercial Customer. the Contractor shall
provide Roll Carts or Commercial Containers for the Collection of
Solid Waste and/or Recyclable Materials. Contractor shall provide
containers of sufficient size and number, and Collection SeNice of
sufficient frequency, to ensure that all of the Solid Waste and
Recyclable Materials generated by the Commercial Customer are
properly stored and contained until they are removed for disposal or
processing.
10.1.3.3 The Contractor may supply and maintain compactors and specialized
containers, if requested to do so by a Customer. However. a request
for a speCialized container or equipment shall not be granted by the
Contractor If the type of material generated by the Customer requires
a greater frequency of Collection than is typically contemplated when
using such containers, or if the material is otherwise unsuflable lor the
use of such equipment Of containers.
10.2 Ownershio of Containers
10,2.1 Customer-owned Collection Containers shall remain the sole property of
the Customer.
10.2.2 The Contractor shall retain ownership of any Roll Carls, Recycling Bins,
and Recycling Carls that are purChased and provided by the Contractor.
Roll Carts. Recycling Bins, and Recycling Carts provided by the County to
the Contractor or Customer shall remain the sole property of the County.
10.2.3 The Contractor's Commercial Containers and Commercial Recycling
Containers shall remain the sole property of the Contractor.
10.3 Technical Specifications lor Containers
10.3.1 Recycling Bins supplied by the Contractor shall be of equivalent or better
. quality than those currently in use by the County, and shall be subject to the
approval of the Director. Recycling Bins shall: (a) be green; (b) have a
rated capacity of 18 galkms; and (c) be hot-stamped or labeled in
accordance with the specifications provided by the Director. Recyclfng Bins
shall be uniform with regard to color, volumetnc capaclty. dimensions.
finished surfaces. and hot stampmgllabeling.
10.3.2 If any Recycling Carts are supplied by the Contractor, the Recycling Carts
shall be subject to the approval of the Director. Recycling Carls shall: (OIl
be green: (b) have a rated capacity of sixty-four (64) gallons: (c) be made of
heavy duty plastic; (d) be hot-stamped or labeled in accordance with the
specfficatlons provided by the Director: (e) be mounted on two wheels; (f)
have attached. hinged lids; and (g) be compatible with the hydraulic lifting
and dumping mechanism mounted on the Contractor's Collection vehicles.
Each Recycling Cart shall have a flat area on the lop (outside) 01 the lid,
300f71
Packet Page -1144-
3/22/2011 Item 16.E.2.
which shall be at least eight (8) inches by sixteen (16) inches in size and
suitable for the placement of informative stickers or decals. Recycling
Carts shall be uniform with regard to color, volumetric capacity, dimensions,
finished surfaces, and hot stamping/labeling. A Recycling Cart shall be
constructed: to prevent the intrusion of water and animals, and the
expulsion of its contents; with covers that are free from sharp edges; and
without any Inside structures that prevent the discharge of its contents. The
Recycling Cart shall have only one compartment. which shall be used for
the storage of all Program Recyclables. Each Recycling Cart shall be
protected by a manufacturer's warranty of at least eight (8) years duration.
10.3.3 Roll Carts supplied by the Contractor shall be of equivalent or better quality
than those currently In use by the County, and shall be subject to the
approval of the Director. Roll Carts shall: (a) be green: (b) have a rated
capacity of either thirty-five (35), sixty-four (64). or ninety-six (96) gallons;
(c) be made of heLlVY duty plastic: (d) be hot-stamped or labeled in
accordance with the specifications provided by the Director; (e) be mounted
on two wheels; (f) have attached, hinged lids: and (g) be compatible with
[he hydraulic lifting and dumping mechanism mounted 011 the Contractor's
Collection vehicles, Roll Carts shall be uniform with regard to color.
volumetric capaclty. dimensions, finished surfaces, and hot
stamping/labeling. A Recycling Cart shall be constructed: to prevent the
intrusion of water and animals. and the expulsion of ils contents; with
covers that are free from sharp edges: and without any inside structures
that prevent the discharge of its contenls.
10.3.4 Commercial Containers supplied by the Contractor shall be of equivalent or
better quality than those currently in use by the County, and shall be
subject to the approval of the Director. Commercial Containers shall have
attached lids, unless the Director approves a different design for a particular
use.
10.3.5 The Contractor shall provide the Director with the manufacturer's
specification sheets for the Contractor's Recycling Bins, Recycling Carts.
Roll Carts, and Commercial Containers. At a minimum, the specification
sheets shall address the following items, if applicable:
. Company of manufacture
. Matenal of manufacture, including pre-consumer and post-consumer
recycled content
. MOlding technology
. Standards of design (e.g., American National Standards Institute)
. UV stabilization certification
. Load rating
. DeSign standards for lid, handles. lifting, bottom, wheels, axle. and
fasteners
. Inlerior and exterior fllllsh surfaces
. Color
. Volumetnc Capacity
31 of 71
Packet Page -1145-
3/22/2011 Item 16.E.2.
. Nestability
. ldenttficalion and MarKing
. Manufacturer's warranty
10.3.6 The Contractor shall replace the labels on its bins, carts and containers, on
an as-needed basis, subject to the Director's approval.
10.4 Deliverv of Containers
1004.1 The Contractor shall maintain an adequate supply of Roll Carts, Recycling
Carts and Recycling Bins at all times. The Contractor shall deliver new,
additional, and replacement Roll Carts and Recycling Bins 10 Residenttal
Customers within five (5) Days of receiving a request for said containers.
10.4.2 The Contractor shall deliver Roll Carts, Commercial Recycling Containers,
and/or Commercial Containers to a Commercial Customer within five (5)
Days of receiVing a request for sucl1 containers.
10.5 Maintenance of Containers
10.5.1 With regard to the Roll Carts, Recycling Carts and Collection Containers
that the Contractor delivers or otherwise provides to its Customers, the
Contractor shall maintain the Roll Carts, Recycling Carls and Collection
Containers in good working order to ensure continuous and efficient
Colleclion Service under this Agreement.
10.5.2 Contractor-owned Commercial Containers shall have solid, durable
bottoms. Commercial Containers shall be equipped wlth a heavy-duty
removable plug for the purpose of clean out.
10.5.3 The Contractor shall mcllnlaln and repair its Commercial Container.:; so that
the containers are free of holes, broken hinges. broken doors or door
fasteners, broken wheels. or broken lids.
10.5.4 Contractor-owned Commercial Containers shall be kept painted at all times
so they do not become a delrimentto the communlty, with the exception of
containers made of plastic, aluminum, stainless steel. or other materials
thai do not readily accept paint.
10.5.5 Al its expense, the Contractor shall procure and maintain all essential spare
parts for Contractor-owned Commercial Containers. The Contractor shall
identify and maintain a readily available source of all the spare parts
needed to maintain and repair [he Contractor's Commercial Containers.
10.5.6 The Contractor shall repair" paint, clean and otherwise maintain any
Commercial Container within five (5) Days of being requested to do 50 by
the Director_
10.5.7 Customers shall be responsible for maintalnrng all Customer-owned
Commercial Containers, Roll Carts. Recycling Bins, Recycling Carts, and
Commercial ReCYCling Containers. The Contractor lTlay maintain
Customer-owned contaIners for an additional fee, approved by the County.
The Contractor's fee lor this service is set fOrtll in Exhibit liB).
32 of 71
Packet Page -1146-
3/22/2011 Item 16.E.2.
10.6 Repair and Replacement of Containers
10.6.1 At its expense, the Contractor shall repair or replace damaged Conlractor-
owned Roll Carts, Recycling Bins, Recycling Carts, and Collection
Containers within three (3) Days after receiving notice from the County or
Customer. This reqUIrement also shall apply to all Roll Carts, Recycling
Bins, and Recycling Carts provided by the County to the Contractor. At its
option, the Contractor may reqUIre a Customer to exchange its old Roll Cart
or Recycling Carl when the Customer receives a new Roll Cart or Recycling
Cart from the Contractor, If a Roll Cart or Recycling Cart must be replaced
because of the Customer's negligence. the Customer shall pay the
Contractor's invoice price for the Roll Cart or Recycling Cart. plus a delivery
fee. The invoice price is subject to the Director's approval. The delivery
fee is sel forth in Exhiblll(B)
10.6.2 If the Contractor damages or destroys any Customer-owned Collection
Container, the Contrac;tor shall repair or replace said container. at the
Contractor's expense, within five (5) Days after receiving notice from the
County or Customer. Any replacement container shall be equal to or better
than lhe Collection Container thai was damaged or destroyed by the
Contractor,
10.6.3 The Contractor shall not be responsible for Unintentional Damage to
Customer-owned containers thaI is caused by the Customer's [ailure to
comply with the Set Oll! requirements of Ihis Agreement
10.6.4 The County shall pay the cost of replacing Roll Carts. Recycling Bins, and
Recycling Carls that are stolen from a Residential Customer. In such
cases. the County may (a) purchase and provide Roll Carts. Recycling
Bins, and Recycling Carts to the Contractor or (b) reimburse the Contractor
for the purchase price of the Roll Carls, Recycling Bins. and Recycling
Carts. as documented by fhe Contractor's invoices The County shall not
pay any profit, mark-up or other charges to the Contractor for the Roll
Carts, Recycling Bins and Recycling Carts. The County's payments to the
Contractor for the Roll Carts, Recycling Bins, and Recycling Carts shall be
made in compliance with ttle Florida Prompt Payment Act, Sections 218.70
et seq.. Florida Statutes.
10. -r Storace of Recvclinq Bins
If requested by the Director, the Contractor shall store new and replacement
Recycling Bins at the Con\rac;tor's equipment yard or at another location in Collier
County that is acceptable to the County. The Contractor shall pick-up the Recycling
Bins from a location in Collier County. as deSignated by the Director, and shall
transport the Recycling Bins to the Contractor's storage yard. TIle Recycling Bins
shall be kept in a safe. secure manner until they are delivered to the Contractor's
Customers pursuant to this Agreement. TIle Contractor shall not be obligaled to
transport and store more than one thousand (1.000) Recycling Bins in any month or
more than three thousand (3.000) Recycling Bins In any Agreement Year.
33 of 71
Packet Page -1147-
3/22/2011 Item 16.E.2.
11 Vehicles and Equipment
11.1 General Provisions
11.1.1 The Contractor shall purChase and/or lease, and maintain and repair, all
vehicles and equipment necessary to maintain its approved Collection
schedules, and to promptly and efficiently comply with the requirements in
this Agreement. The Contractor's vehicles and equipment shall be
compatible (in size and weight) with, and appropriate for, the areas where
such vehicles and equipment are utilized.
11.1.2 Collection vehicles and equipment shall be a standard product of a
reputable manufacturer so that continuing service, and the supply and
delivery of spare parts, may be ensured. R.eplacement parts do not need to
be a product of the same manufacturer.
11.1.3 All Collection vehicles shall have waterproof seals and shall be watertight to
a depth sufficient to prevent the discharge or leaking 01 accumulated water
during loading and transport operations. The Collec:lion vehicles shall have
solid metal sides and a tully enclosed metal top,
11.1.4 As an altemative to a fully enclosed metal toP. the Contractor's Collection
vehicles may be equipped with a tarpaulin or a net cover with mesh
openings not greater than one and one-half (1Y,) Inches In size. The cover
shall be kept in good mechanical order, without holes. The cover shall fully
enclose the Contractor's Load at all limes when the vehicle's speed
exceeds 20 miles per hour.
11.1.5 Vehicles transporting Program Recyclables shall be covered to protect
paper recyclables from rain. and 10 prevent Program Recyclables from
blowing arfalling out of the vehicle.
11.1.6 Prior fo use, a tare weight shall be established for all of the Contractor's
Collection vehicles. At the County's discretion, the tare weight of any
Collection vehicle may be checked at any time. The County shall adjust its
scalehouse and records if there are any changes in the tare weight.
11.1.7 Except for extraordinary circumstances. as determined by the Director, all
Collection vehicles and equipment shall be empty and devoid of all Solid
Waste poor to the commencement of daily Collection Service.
11 .2 Anclllarv Eouipment
11.2.1 All vehicles used to provide Collection Services under this Agreement shall
be equipped at all limes with: (a) all safety equipment required by
Applicable Laws; (b) a fire extinguisher: (c) a shovel and broom: (d) a spill
response kit; and (e) an audible back-up warning device. The spill
response kit shall be suitable and adequate for cleaning up any leaks or
spills of oil. hydraulic fluid. or other liquids from Contractor's Collection
vehicles.
11.2.2 All vehicles used to provide Collection Services under this Agreement shall
be eqUIpped with a two-way radio. cellular telephone. or other equipment
appropriate for communications between the vehicle operator, the Field
Supervisor, and the District Manager. The proposed communications
system is subject to approval by the Director.
34 of71
Packet Page -1148-
3/22/2011 Item 16.E.2.
11.2.3 All vehicles used for Collection of White Goods or Electronac Equipment
shall be equipped with appropliate ancillary equipment so as to avoid
breakage of the Electronic Equipment. or loss of Freon from White Goods,
during Collection.
11.3 Reserve Vehicles and EaulPment
11.3.1 The Contractor shall have sufficient reserve vehicles and equipment
available to complete daily Collection routes according to the schedules
and hours of Collection established in this Agreement. The use of reserve
vehicles and equipment shall include, but not be limited to, occasions when
front line vehicles and equipment are out of service. or delays prevent front
line vehicles and equipment from completing their daily Collection route(s)
within the established hours of Collection.
11.3.2 The reserve vehicles and equipment shall be ready to go into service within
two (2) hours of any breakdown. The reserve vehicles and equipment shall
be similar in size and capacity to the vehicles and equipment being
replaced
11.4 Maintenance and Condition
11.4.1 At a minimum, all of the Contractor's Collection vehicles and equipment
shall be maintained in compliance with the manufacturer's specifications.
114.2 The Contractor's Collection vehicles and equipment shall be kept in good
repaIr and appearance, and in a sanitary, clean condition, at all times.
Vehicles shall be washed thoroughly on the outside, and sanitized with a
suitable disinfectant and deodorant. a minimum of once-per-week (or more
frequently if necessary).
11 4.3 The Contractor shall monilor, maintain and repair its Collection vehicles and
equipment to prevent fuel and lubricant spills. Oil and hydraulic systems.
and waterproof seals and enclosures, on the Contractor's vehicles and
equipment shall be kept In good repair to prevent leaking.
11.5 Identification
11.5.1 The Contractor's name and the County's customer service telephone
number shall be displayed at all times, in letters at least four (4) inches
high, an both side doors of the Contractor's Collection vehicles. The
Contractor's telephone number also may be displayed beneath the
County's customer service number. Truck identification numbers shall be
displayed at all limes, in letters at least four (4) inches high. on all four (4)
SIdes of all Collection vehicles.
11.5.2 All Collection vehicles shall display information approved by the Director
concerning the type of material (Solid Waste, Yard Trash or Recyclable
Matenals) being collected. The inlomlation shall be displayed at all times.
on both sides of the vehicle body. in letters at least six (6) inches high. The
infonnatJon displayed on tile Contractor's vehicles shall be subiecl to
Contractor's approval, which shall not be unreasonably withheld
11.5.3 Contractor shall label its Commercial Containers WI1h letters and/or
numbers at least four (4) inches high. The labels shall be placed on at least
two (2) sides of each Commercial Container. At least one of the labels
35 of 71
Packet Page -1149-
3/22/2011 Item 16.E.2.
shall be readily visible when the container is placed at a Commercial
Customer's site.
11.6 Compliance with the law
11.6.1 Al allUmes, the Contractor and its employees shall operate and maintain all
Collection vehicles and equipment in compliance with all Applicable Laws.
11.6.2 At all times, the Contractor shall maintain all necessary licenses and
registrations, and shall timely pay all fees and taxes, on all vehicles and
equipment. as required under Applicable Laws.
11.6.3 All equipment shall be operated in compliance with the Florida Uniform
Traffic Control Law, Sections 316.515 through 316.6105, Florida Statutes,
and the County Ordinances, as amended from time to time.
11.7 County's Riqht to Insoect Vehicles
11.7.1 The Director may inspect the Contractor's vehicles, equipment, licenses
and registrations at any reasonable time. The County reserves the right to
inspect each Collection vehicle, each day, prior to Its use in the County.
11.7.2 The Director shall have the authority to require the Contractor to
immediately remove from service any Collection vehicle or equipment that
is leaking or spilling fluids, Solid Waste. or Recyclable Materials. The
Director also may require any ColleclJon vehicle to be washed within one
(1) Day. In such cases, the Contractor shall immediately notify the Director
of the remedial action that will be taken to correct the problem.
11.8 Storaoe and Reoair
The Contractor shall provide a garage and maintenance tacllity tor its vehicles and
eqUJpmenl that enables all-weather. year-round maintenance operations. The
Contractor shall not use County property to store or house any vehicles or
equipment.
12 Employees and Supervisors
12.1 District Manaoer
Contractor shall appoint an employee to serve as the D.stnct Manager The District
Manager shall be the primary point of official contact on behalf of the Contractor for
all technical and administrative malters pertaining to this Agreement. The District
Manager must have at least ten (10) years of pnor managenal expenence with
programs of this nature and size. The District Manager shall have the authority to
make significant decisions relellant to the day-to-day operation of Contrnctor's
program under this Agreement. The District Manager shall halle direct access to the
Contraclor's management for resolving problems beyond the District Manager's
authority. At all times dUring the term at this Agreement, the Director shall have
immediate acc€'.ss to the District Manager. and the District Manager shall be one
hundred percent (100%) dedicated to overseeing ami implementing the Contractor's
performance under this Agreement. Any communications or writings that are
required under this Agreement to be gillen to the Contractor shall be delivered to the
District Manager. Such communicatiDns or writings shall be deemed received by the
Contractor when delillered to the District Manager
36 of 71
Packet Page -1150-
3/22/2011 Item 16.E.2.
12.2 Field Suoervisor
The Contractor shall designate a Field Supervisor(s), who shall oversee the provision
of the Collection Services under this Agreement. The Field Supervisor(s) shall have
immediate access to an automobile or pick-up truck, and shall be readily available by
two-way radio or cellular telephone, at least between 6:00 a.m. and 6:00 p.m.,
Monday through Saturday.
12.3 Emplovee Conduct
All Contractor personnel shall maintain a courteous and respectful attitude toward
the public at all times. The Contractor shall instruct Its employees to avoid loud
and/or profane language at all times dUring the performance of their duties under this
Agreement.
12.4 Emolovee Appearance and Identification
The Contractor shall furnish each employee with an appropriate means of identifying
him/her as an employee of the Contractor. The identification need not be a uniform
or a complete set of clothing. but must be sufficient to ensure easy identification.
The Contractor's employees shall wear the Identification at all limes While on duty,
Shirts must be wom at all times. The Director has the right to approve the Identifiers
or identification tumlshed by the Contractor.
t2.5 Removal of Emplovees
The Director reserves the right to disapprove and request removal of any Contractor
personnel assigned to the County's work. Such disapproval or request shall be for
reasonable cause only and shall be addressed in writing to the Contractor's District
Manager. Notwithstanding the foregOing. the Contractor shall not be required to take
any action with regard to the Contractor's personnel thai would violate any
Applicable Law. The Contractor shall defend, save. and hold the County harmless
from and against legal actions by any employees 50 removed.
12.6 Emolovee Traininq and Licenses
12.6.1 All of the Contractor's employees shall be qualified and appropriately
trained for the tasks aSSigned to them. The Contractor shall provide
refresher courses and additional training to its employees, as needed. to
ensure compliance with the requirements of this Agreement and all
Applicable Laws.
12.6.2 At all times when operating vehicles or eqUipment pursuant to thiS
Agreement. the Contractor's employees shall carry a valid Florida driver's
license for the type of vehicle or equipment being operated.
12.6.3 The Director may request the Contractor's employees to produce their
driver's license for inspection al any time when the employee is an duty.
13 Local Office
13 1 The Contractor shall malI1talI1 a customer serviceJdispatch office within the County.
The Contractor's office shall be open for business. and Contractor shall have
personnel available for the purposes of dispatcl1. complaint resolution. and other
matters, between the hours of 8:00 a.m and 5:00 p.m., Monday through Friday, The
office shall be equipped with a two. way communication system that can be used to
37 of 71
Packet Page -1151-
3/22/2011 Item 16.E.2.
contact the Director, the Contractor's District Manager, the Contractor's Field
Supervisor, and all of the Contractor's Collection vehicles.
13.2 The Contractor's office shall be equipped with sufficient personnel and eqUipment to
document and timely respond to Legitimate Complaints. A responsible, experienced
Person shall be present and In charge of the office during all business hours.
Contractor shall use an answering machine or answering service to record
messages when the office is closed.
13.3 The Contractor shall establish a process lor receIVing and handling emergency calls,
both during and after normal operating hours. Such process shall be subject to the
Director's approval.
13.4 The Contractor shall provide all of its electronic reports and communications to the
County in a format that is compatible with the County's software programs.
13.5 Upon request of the Director. the Contractor shall provide adequate space in the
Contractor's office to house a County employee. The Contractor also shall provide a
computer connection to the Internet and a telephone for the County employee. The
Contractor shall cooperate with and assist the County employee, who will monitor the
Contractor's operations and compliance with the Agreement
14 Handling of Complaints
14.1 The Director shall be responsible for receiving all complaints from Customers.
14.2 Any complaints received by the Contractor shall be forwarded to Ihe Director within
one (1) hour afterthe complaint is received by the Contractor.
14.3 The Direc.ior shall determine whether a Customer's complaint is a Legitimate
Complainl. Legitimate Complaints include but are not limited to:
. Missed Collections;
. Failure to respond to Missed Collections in compliance with the requirements
of this Agreement;
. Mishandling of Solid Waste. Recyclable Materials or Collection Containers:
. Damage to public or private property;
. Failure to obey traffic regulations; and
. Discourteous treatment of Customers.
14.4 The Director shall notify the Contractor when the Director determines that a
Customer has a Legitimate Complaint. The Director shall coordinate with the
Contractor to ensure that all Legitimate Complaints are promptly resolved.
14.5 The Contractor shall take whatever steps are necessary to remedy the cause of a
Legitimate Complaint within six (6) hours after receiving notice from the Director.
14.5 The Contractor shall Inform the Director about the status of each Legitimate
Complaint within six (6) hours of receiving notice from the Director.
14.7 The Contractor may request and the Director shall grant additionar time to remedy a
Legitimate Complaint when the Co.ntractcr uses tIs best efforts to correct the
problem, but is unable to do so within six (6) hours.
38 of 71
Packet Page -1152-
3/22/2011 Item 16.E.2.
14.8 In all cases, the Contractor shall notify the Director within six (6) hours after the
Legitimate Complaint is resolved and shall provide a written summary within one (1)
Day.
15 Customer Dispute Resolution
15.1 The Director shall investigate all unresolved disputes between the Contractor and a
Customer. including but notlimiled to disputes concerning the proper interpretation
and implementation of this Agreement and the Ordinance. The Director shall resolve
such disputes.
15.2 The DIrector shall notify the Contractor and the Customer In writing of the Director's
determination about the disputed issues. including any deficiencies in their
respective performance.
15.3 The Contractor and Customer shall have ten (10) Days to correct any deficiency or
provide the Director with a written request for a hearing before the Manager.
15.4 If a request IS filed. the Manager shall act upon such request within twenty (20) Days.
The Manager shall provide the parties an opportunity to present their arguments and
evidence concerning the relevant issues. The Manager shall nollty the Customer.
the Contractor. and the Director In writing concerning the Manager's deCISion. The
Manager may: C'.onfirm. in whole or In part. the Director's findings; relieve the
Contractor or the Customer of responsibility for their deficienCies; or take whatever
other action the Manager deems necessary and appropriate. The Manager's
decision shall be final and non-appealable.
16 Record Keeping and Reporting
16.1 Record Keepino
16.1.1 EqUipment Maintenance Loa.. Contractor shall keep a maintenance log for
each vehicle and piece of equipment used for Collection Service. At a
minimum. the log shall show: the identification number for the vehicle or
equipment; the date and descnption of all routine maintenance actiVIties;
and the date and descnpllon of all repair actrvities.
16.1.2 Non-Collection NotlC€: Loq Contractor shall maintain a log of all occasions
when Non-Collection Notices have been placed. The log shall include: the
date when the notice was placed; the Customer location; the Customer type
(i.e., ResidelltiClI or CommerCIal); and the reason for each Non..Collection
Notice.
16,1.3 Leaitimate Complaint Loa. Contractor shall maintain a log of all Legitimate
Complaints. The log shall include: the date and time when the Contractor
was notified by the County: the Customer's location; Customer type; a
descnption of the complaint; the date and time when the compialllt was
resolved; and a description of how the complaint was resolved.
16.14 Proqram Recvclables Loa Contractor sh<J11 maintain a log concerning tile
Program Recyclables that the Contractor collects in the County The log
shall identify. the amount of Program Recyclables collected each month In
Service District II; the names and locatIons ot the Recycling Facilities where
the Program Recydables were delIVered: and the amounts that were
39af71
Packet Page -1153-
3/22/2011 Item 16.E.2.
delivered to each Recycling Facility. This information shall be reporte<l
separately for each type of Recyclable Material. The Contractor's log shall
clearly explain how the Contractor estimated the amount of Recyclable
Material in any instance where weight records are not available.
16.1.5 White Goods Loa. Contractor shall maintain a log concerning the White
Goods collected by the Contractor. The log shall identify: the date of
Collection; the Customer's location; and the number and types of White
Goods collected.
16.1.6 Tire Collection LOQ. Contractor shall maintain a log concerning the Tires
collected by the Contractor under this Agreement. The log shall identify:
the date of Collection; the Customer's location: and the number of Tires
collected.
16.1.7 Bulk Waste LOQ. Contractor shall maintain a log concerning the Bulk Waste
collected by the Contractor under this Agreement. The log shall identify:
the date of Collection: the Customer's location: the type 01 materials
collected; and the approximate volume and weight of the materials
collected.
16.1.8 Electronic Eouioment LOQ. Contractor shall maintain a log concerning 1t18
Electronic Equipment collected by the Contractor under this Agreement.
The log shall identify: the date of Collection; the Customer's location; the
type of Electronic Equipment collected; the approximate volume and weight
of the materiais collected; the names and locations of the Recycling
Facilities where the Electronic Equipment was delivered, and the amount of
Electronic Equipment that was delivered to each Recycling Facility.
161.9 All of the Contractor's logs shall be kepi current and up-lo-date. The logs
shall be maintained In an electronic database that is compatible with the
County's software systems. The database shall be available for inspection
by tlle County at any time during normal business hours. TIle information
In the log shall be provided to the Director. upon request. within one (1)
Day.
16.1.10 The general fornlat and content of the Contractor's logs shall be subject to
the Director's approval.
16.2 MonthlvReoort
16.2.1 Contractor shall submit Monthly Reports 10 the Director within fifteen (15)
calendar days after the end of each month. The form and content of the
reports are subject to the Director's approval.
16.2.2 At a minimum. the Monthly Report shall provide the following information
concernmg Residenllal Customer service:
16.2.2.1 Tonnage collected during the month for each of the follOWIng
materials: Solid Waste; Program Recyclables: corrugated cardboard:
and Yard Trash. The tonnages tor each material shall be reported
separately for: (a) Customers occupying Multi-Family Residences and
receiving Commercial Collection Service; (b) Customers occupying
Multi-Family Residences and receiving Residential Collection Service;
and (c) all other Residential Customers.
40 of 71
Packet Page -1154-
The total number of Customers served during the month and the
number of: (a) Customers occupying Multi.Famlly Residences and
receiving Commercial Collection Service; (b) Customers occupying
Multi.Family Residences and receiving Residential Collection Service;
and (c) other Residential Customers.
The number of Residential Customers participating in the Recycling
Program.
Number. type. and weight of White Goods and Electronic Equipment
collected during the month.
Number of Tires collected during the month.
Number of Non-Collection Notices issued to Customers during the
month.
Number of Missed Collections. and the tolal number of Legitimate
Complaints. during the month.
The number of Recycling Bins. Recycling Carts, and Roll Carts
provided to Residential Customers during the month and Agreement
Year.
16.2.3 The Monthly Report shall prOvide the following information for Commercial
Customer service:
16.2.2.2
16.2.2.3
16.2.2.4
16.2.2.5
16.2.2.6
16.2.2.7
16.2.2-8
3/22/2011 Item 16.E.2.
16.2.3.1 For each CommerCial Customer: the name and mailing address of the
Customer; the location. size and number of containers used by the
Customer; the owner of the containers; the frequency of Colleellon lor
each container, and any Supplemental Collection Service received,
16.2.3.2 Tonnage r.ollected during the month for each of the following
matenals: Solid Waste; Program Recyclables; and Yard Trash.
16.2.3.3 Tonnage collected during the month for each of the following
materials: newspaper; glass; aluminum cans; steel cans; and
corrugated carcboard.
16.2.3.4 Number of Missed ColleclJons, and the total number of Legitimate
Complaints, dunng the month
16.2.3.5 Names and addresses of any Commercial Customers that were
offered and declined Collection SelVice for Recyciable Materials.
'16.24 The Contractor shall identify each number in the Monthly Report thaI is
based on an estimate and shail clearly explain how the Contr'dclor
estimated the number used in the report.
16.3 Annual Report
16.3.1 Contractor shall submit Annual Reports to the Director within thirty (30)
calendar days after the end of each Agreement Year
16.3.2 At a minimum. the Annual Report shall Include the following information:
16.3.2.1 Annualized informatlOn for all Items required in the Monthly Report for
Residential and CommerCIal Customer service.
41 of 71
Packet Page -1155-
3/22/2011 Item 16.E.2.
16.3.2.2 An updated list of all vehicles and equipment used to provide
Collection Services under this Agreement, including make, type, year,
license number, and 10 number for each.
16.3.2.3 An updated Collection Plan, Including current route maps and
schedules for all Colle.clion Services provided under this Agreement.
16.3.2.4 A description of any pUblic education actiVities completed by the
Contractor and a general accounbng of the amount of money
expended during the year for educational purposes.
16.3.2.5 A description and inventory, indicating quantities arld condition, of the
equipment. facilities. manpower, and other resources the Director
deems necessary for emergency conditions.
16.3.2.6 A trend analysis and overall evaluation of the number and types of
Legflimate Complaints received by the Contractor on a monthly and
annual basis during the term of this AgreemenL Tile evaluation silall
inciude a corrective action plan for systemic and chrorlic problems.
An updated Contingency Plarl.
A summary of all accidents and Legitimate Complaints involving
damage to public or private property.
16.3.2.9 Upon request by the Contractor, the Director may waive one or more
of the requirements for the Annual Report.
16.4 Other Reports, Documents and Notifications
16.4.1 Residential Recvclina Participation Report. Contractor shali perform a'Set
Out" count of Customer participation in the residential recycling program, in
March and September of each Agreement Year. Contractor shall provide
reports to the Director conceming the Collection of Resrdential Program
RecyclabJes and Residential Yard Trash no iater than April 15'" and
October 15"', respectively. The Director and the Contractor shall agree on
the format of the reports. The reports shall evaluate the data for each
Collection route. and for all Collection routes combined. These counts shall
be performed under the direction and to the satisfaction of the Director.
16.4.2 Uodates to Safety Plan. Contractor shall continuously update Its safety
plan to reflect any changes in Contractor's operations. The Contractor shall
deliver an updated pian to the Director within live (5) Days whenever any
changes are made to the safely plan.
16.4.3 ACCidents and Prooertv Damaae. Contractor shall notify the Director of any
aCCidents involving the Contractor's staff. vehicles,. or equipment requiring
notification 10 OSHA or any other Person under Applicable Laws.
Contractor also shall notify the Director of accidents involving damage to
public or private property. In all such cases, verbal notice shall be provided
within six (6) hours of the accident and a written report shall be provided to
the Director within one (1) Day of the accident. If any issues are
unresolved at tilat ltme. a subsequent report shall be provided to the
Director within two (2) Days following U,e ultimate disposition of tile case.
The Contractor also shaH provide the Director with copies of any reports or
notices provided to OSHA or the Department of Transportation, within two
(2) Days after such documents are submitted.
16.3.2.7
16.3.2.8
42 of 71
Packet Page -1156-
3/22/2011 Item 16.E.2.
16.5 General Record Keeoino and Reoortino Reouirements
16.5.1 Contractor shall cooperate with the Director and provide every reasonable
opportunity for ascertaining whether or not the duties and responsibilities of
the Contractor are being pertonmed,
16.5.2 Contractor shall promptly provide any infonmation, in addition to that
required explicitly by this Agreement, that the Director or the Contractor
deem relevant under the circumstances,
16.5.3 The County shall have the right to inspect. copy. and audit. at the County's
expense. all of the Contractor's finanCial books and records concerning Ihe
Contractor's services under this Agreement. Work )lapers of the
Contractor's auditor shall be made available to the Director, upon request.
The Director also shall have the right to Inspect and copy all of the
Contractor's other books and records, except tor confidential and
proprietary information, concerning Ihe Contractor's services under Ihis
Agreement.
16.5.4 The Contractor's documents shall be made available tor inspection during
normal business hours at the Contractor's office in Collier COUr1ty. These
documents may be copied by the County. at its expense. These
documents shaH be maintained by the Contra.ctor for at least five (5) years
follOWing the date when they were prepared, or the tenmination of Ihis
Agreement, whichever occurs HrsL
16,5.5 All of the Contractor's reports to the County shaH be submitted in a hard
copy and In an electronic formal approved by the COUr1ty. The form and
content of all reports are subject to the Director's approval.
16.5.6 in any report submitteO to the County, the Contractor may include
proposals for changes In this Agreement or the County's operahons that will
inCrease operating efficienCies or reduce costs for the County.
17 Education, Promotion and Public Awareness
17.1 PartiCIPation in County Activities
Contractor shall participate In the County's Solid Waste program activities. Inctuding
but not limited to: public appearances in support of the County's Recycling Program;
use of lbe County's recycling theme. t..'Olors, and logos on Collection vehicles and
containers; distribution of promotional literature; participation In special events:
special educational presentations; and similar activities. All literature shaH include a
County phone number, approved by the Direclor.
From hme to lime, but not more than twelve (12) limes per year, Contractor shall
assist and/or support Ihe County at local special events (e.g.. Earth Day). Examples
Include but are not limited to: uSing Collection vehicles to participate in local parades:
bringing Collection vehicles \0 special events; and providing staff to assist COUr1ty
staff at various informallor1al booths The Contractor shall no! be required to staff
booths more than a total of 60 Person hours per year.
17.2 Usaoe of County Themes and Loaos
Upon request. Contractor shall display the County.s recycling, waste reduction, and
conservation themes and logos on signs (decal or painted) Or1 designated Collection
43 of 71
Packet Page -1157-
3/22/2011 Item 16.E.2.
vehicles. Lettering size shall be appropriate \0 the size of the sign. The Director
shall approve the content, style, size and form of such signs. The signs also shall be
subject to the Contractor's approval. which shall not be unreasonably withheld.
17.3 Distribution of Information with RecvclinQ Containers
Contractor shall distribute informational, promotional and educational materials (e.g..
brochures, newsletters, door hangers, etc.) provided by the County. The materials
shall be delivered to the Customer with the delivery of each new or replacement
Recycling Container.
17.4 Distribution of Information to Commercial Customers
Contractor shall provide information 10 all Commercial Customers regarding Ihe
County's Recycling Program, waste reduction program, Hazardous Waste collection
program, and related matters. This information shall be distributed in March and
November of each Agreement Year. The form and content of this information shall
be subject to the Director's approval.
17.5 Production and Distribution of Promotional and Educational Material
In addition to the staffing requirements in Section 17.1, Contractor shall expend five
thousand dollars ($5,000) per Agreement Year assisting the County with educational,
promotional. and publiC awareness activities. including, but not limited \0 the
following:
17.5.1 Al its e.xpense, Contractor shall mal! one (1) Solid Wasle infoll'l1ational
document, developed and published by the County, \0 all Customers in th.e
Contractor's Service District. Th.e document shall be distributed quarterly
each Agreement Year. The County shall give the Contractor a minimum of
four weeks notice prior to the mailings. Contractor shall perform mailings
under the direction and 10 the satisfaction of the Director.
17.5.2 At lis expense, Contractor shall distribute pre-printed promotional materials
(e.g.. brochures, newslellers. flyers, door hangers, magnets) up to four (4)
times per Agreemenl Year, to all Customers in the Contractor's Service
District. These materials shall be developed and provided by the County to
educate Residential and Commercial Customers about the proper methods
\0 be used to Set Out their Solid Waste, Yard Trash and Program
Recyclables. and to provide other intormation concerning the County's
Solid Waste program.
17.5.3 At TIs expense, Contractor shall publish a quarter-page, County-prepared
advertisement. promoting Solid Waste programs. The advertisement shall
be published twice each Agreement Year in the newspaper that has the
largest local circulation.
17.5.4 When determining whether the Contractor has satJsfied tis obligatioo to
spend $5,000 per Agreement Year on educational activities, the County
shall consider and include the Contractor's out-of-pocket costs for printing,
publishing, and mailing educational materials to Customers pursuanl to
Sections 5.3 (during the transition before the Commencement Date), 17.1,
17.2, 17.3, and 174, above, but shall not include any costs incurred by the
Contractor pursuant to Section 17.6, below.
44 of 71
Packet Page -1158-
3/22/2011 Item 16.E.2.
17.6 Public Notices Concernina Chances in Collection Services
At lis expense. the Contrac:tor shall prepare and publish a notice whenever the
Contractor's schedule or Collec:tion Days are changed for Residential Customers.
The notice shall be subjec:t to approval by the Direc:tor. The notice shall be placed in
the newspaper that has the largest circulation In the County. The notlc-.8 shall cover
at least one-quarter (1/4) of a page in the general section of the newspaper (i.e., not
in the legal or classified advertisements). The Contractor also shall mail Of deliver
the notice to each Residential Customer within the Contractor's Service District that
will be affected by the change. The notices shall be published and delivered not less
than ten (10) calendar days and not more than thirty (30) calendar days prior to the
Contractor's change in service.
18 'Changes to Services
18.1 Addition or Deletion of Recyclable Materials
18.1.1 If the Counly decides to change the Materials Acceptance Protocol, or add
or delete Program Recyclables. the County and Contractor shall enter inlo
good faith negotiations to amend this Agreement, if necessary. to reflect
such modifications. If the County determines II is appropriate to add or
delete Program Recyclables, Contractor shall be given .at least SIxty (60)
days to adjust its services accordingly.
18.1.2 It the County and Contractor fail to reach an agreement regarding the Rate
to be paid follOWing Ihe addition or deletion of any Program Recyclables,
the County may require the Contrac:tor to participate in mediation, as
specified In Section 30 of this Agreement
18.2 Recvclinq Facility In Collier Countv
18.2.1 The County may require the Contractor to delIVer Recyclable Materials
collected in Service District II to a Recycling Facility located in Collier
County. The Director shall give the Contractor at least three hundred sixty-
five (365) C".alendar days notice before requiring the Contractor to use a
Recycling Facility designated by the County. The Contractor shall not
receive any additional lee or an increase in the Rates for taking Recyclable
Materials to the County's Designated Site in Collier County.
18.2.2 If the CouDly requires the Contractor to deliver Recyclable Matenals to a
DeSignated Site In Collier County. the County shall reimburse the
Contractor for the lost profits, if any, that the Contractor would have earned
under thiS Agreement from the sale of those Recyclable Materials. The
County's obligation to reimburse the Contractor for lost profits shall only
apply to those Recyclable Materials that will be collected in Service District
II and delivered to the DeSignated Site during the remaining portion of the
term of the Agreement, pnor to any subsequent renewals. Any disputes
concerning the amount of the Contractor's lost profit shall be resolved
through the dispute resolution process described in this Agreement
18.3 Provlslon 01 Service Upon Termination
If thiS Agreement is terminated by the County. the Board may, at its sole discretion.
authonze one or more qualified hauling c:ontractor(s) to provide Collection Servlces
45 of 71
Packet Page -1159-
3/22/2011 Item 16.E.2.
for Solid Waste, Program RecyclablEl$, and Yard Trash in Service District II, under
such tenns and conditions as !he Board deems appropriate.
18.4 Collection and Processino of Commercial Oroanics
18.4.1 If the County decides to collect and process Commercial Organics, the
County shall give the Contractor an opportunity to submit a proposal for
providing these services in Service Districtll. If the County and Contractor
are unable to negoliate a mutually acceptable agreement for the provision
of these services, the County may Issue a request for proposals or take
such other action as it deems appropliate.
18.4.2 If the County executes a contract with a Person other than the Contractor
for the Collection of Commercial Organics in Service District II, the County
shall give notice to the Contractor alleast ninety (90) calendar days before
the Person begins to collect Commercial Organics pursuant to rts contract
with the County, In such case, the County shall reimburse the Contractor
for the lost profits the Contractor would have earned under this Agreement
from the Collection of Commercial Organics in Service Distlic! II during the
remaining portion of the term of this Agreement, prior to any renewals of the
Agreement, but only if and only to the extent that (a) the County's
Collection of Commercial Organics directly causes a reductJon In the
amount of Solid Wasle collected annuaHy by the Contractor; and (b) the
reduction is greater than five percent (5%),
18.4,3 For the purpose of Section 18,4.2. "lost profit" means a reduction In the
Contractor's net revenue that was directly caused by a reduction in the
amount of Commercial Organics coHected by the Contractor under this
Agreement. Lost prolit does not include a reduction In net revenue that was
caused by increased capital or operating expenses.
18.4.4 For the purpose of Section 18.4.2, the parties shall determine whether there
has been a reduction in the amount of Solid Waste collected under this
Agreement by comparing (a) the amount or Solid Waste collected during
the first twelve months after the County begins to collect Commercial
Organics and (b) the amount of Solid Waste cDlIected dLlring the prior
twelve months.
18.4.5 To calculate lost protlts under Section 18.4.2, the parties shall: (a)
determine the net revenue the Contractor earned for the COllection ot one
ton of Commer~ial Organics during the twelve (12) months before the
County began to collect Commercial Orgamcs; {b) determine the extent to
which the reduction in the Contractor's Collection of Solid Waste exceeded
live percent (5%): (e) convert the value identified in subsection (b) into tons;
and (d) mUltipty the Contrdctor's net revenue per ton. as determined
pursuant to subsection (a), by the appropriate number of tons, as
determined pursuanl to subsection (C), and by the remaining number of
years (or fractions thereof) in the term of the Agreement. ThiS calculation
may be expressed by the following formula:
LP == NRPT x ET x T
46 of 71
Packet Page -1160-
3/22/2011 Item 16.E.2.
Where: LP is the amount of the Contraclor's lost profit; NRPT is the
Contractor's net revenue per ton; ET is the excess tonnage (Le., the
amount greater than a 5% reduction in the Contractor's Collections); and T
is the time (years) remaining under the Agreement.
18.5 Countv's Riohtto Reouire Recvclino Carts
The County shall have the right to require the Contractor to use Recycling Carts for
lhe Collection of Program Recyclables in Service District II. subject to the conditions
contained in this Section 18.5. If the County exercises this right, lhe County shall
provide the Recycling Carts to the Contractor and the Contractor shall deliver the
Recycling Carls to its Residential Customers, The County sl1all give notice to the
Contractor at least ninety (90) calendar days before the County requires lhe
Contractor to begin using Recycling Carts. If the Board notifies the Contractor by
July 1, 2005 that the County wishes to implement the use of Recycling Carts on
October 1, 2005, lhe Contractor shall provide its Collection Services with Recycling
Carts at an annual Rate of $92.23. The Contractor's Rate shall be negotiated If the
Board elects to use Recycling Carts at a laler date.
19 Additional Services
19.1 Commercial Waste Reduction
The County reserves the right to negotiate with lhe Contractor to implement
IIlcentives to increase the diversion of Commercial Recyclables from the Immokalee
Landfill,
192 Communilv Service
.~t its expense. Contractor shall provide Ule following services for community
programs. in accordance with applicable Board resolutions:
19.2.1 Provide Collection Service for monthly community clean-up projects,
Collection Service for each community clean-up shall include: up to four (4)
sUes; a minimum of two (2) roll-off containers at each site; and a minimum
of three (3) additional roll-off containers per SIte, with one each for Yard
Trash, White Goods, and Tires. Each roll-off con laineI' shall be emptied up
to three (3) limes. nle County shall pay the Tipping Fee for tile disposal of
materials collected during the community clean-ups.
19.2.2 Provide Curbside Collection for up to four thousand (4.000) thirty-two (32)
gallon bags of Solid Waste, and up to four hundred (400) thirty-two (32)
gallon bags of Program Recyclables. collected annually duling Keep Collier
County Beauliful events or similar clean-ups, The County shaH pay the
Tipping Fee for fhe disposal or processing of the collected materials
19.2.3 Transport ("backhaul") the County's compost to County parks. The County
and the Contractor shall agree on the schedule of deliveling the compost.
The Contractor shall haul at least twenty-four (24) Loads of Compost per
year.
19.3 Pilot Studies
During the term of thiS Agreement, the County will likely conduct pilot studies to
evaluate strategies that may increase recycling, waste reduction. CoHection
effiCJsncy. or reduce the County's costs. Contractor shall cooperate with the County
47 of 71
Packet Page -1161-
3/22/2011 Item 16.E.2.
in conducting such pilot studies, and shall enter into good faith negotiations With the
County if additional services are necessary from the Contractor to carry out the piiot
studies.
19.4 Electronic Eauipment
The Contractor shall collect and process Electronic Equipment that is discarded in
the Contractor's Service District. At a minimum, the Contractor shall provide the
following services at no cost to the County, except as otherwise provided below:
19.4.1 The Contractor shall collect Electronic Equipment that is Set Out at
Curbside by the Contractor's Residential Customers and Commercial
Customers. The Contractor shall transport the Electronic Equipment to an
appropriate Recycling Facility for processing.
19.4.2 The Contractor Shall place a container at the Contractor's office for the
Collection of Electronic Equipment. The Contractor shall empty the
container, as necessary, and shall transport the Electronic Equipment to an
appropriate Recyctlng Facility for processing and recycling.
19.4.3 The County shall reimburse the Contractor for the cost of processing the
Electronic Equipment collected in Service District II. The County shall be
billed on a monthly basis for the processing seTVIces, The County ShElI1
only pay the Contractor's actual cosl. as documented by invoices, without
mark-ups or additional fees. The cost of processing the ElectroniC
Equipment shall not include the cost of collecting, transporting or handling
the Electronic Equipment.
19.4.4 The Director may tenninate the Contractors services for Electronic
Equipment at any time, in the Director's sole discretion, The Director may
expand the scope of the Contractor's services, on terms that are mutually
acceptable to !he parties.
19.4.5 The materials classified as Electronic Equipment may be expanded or
revised with the mutual consent of the County and the Contractor,
19.4,6 When Electronic Equipment IS collected by the Contractor pursuanllo this
Agreement, [he Contractor initially shall transport the Electronic EqUipment
to a Designated Site in Collier County, as instructed by the Director. At the
Designated Site, the County shall wrap and prepare the Electronrc
Equipment for Shipment to a Recycling Facility. The Director sllall notify the
Contractor when lhe Electronic Equipment is ready for shlpment to a
Recycling Facility, The Contractor shaH remove the EJeclTonlc EqUipment
from the County's Designated Site within lhree (3) Days after receiving the
Director's notice.
19.4,7 The Contractor shall pay all costs associated with the transpor.ation of the
Electronic Equipment to a Recycling FacUlty, provided that the Recycling
Facility is located within two hundred (200) miles of the County. The
County shall reimburse the Contractor for the incremental fuel costs
incurred by the Contractor if the Director Instructs the Contractor to use B
Recycling Facility located more than 200 miles from the County, and if lhe
Incremental fuel costs are reasonable and appropriately documented.
19.4.8 At all times, the Contractor shall handle ElectroniC Equipment carefully to
minimize breakage and damage.. The Contractor shall collect all ElectronIC
48 of 71
Packet Page -1162-
3/22/2011 Item 16.E.2.
Equipment manually. However, the Contractor shall nol be responsible for
manually collecting Electronic Equipment that has been placed in a
Commercial Container by a Person other than the Contractor,
19.5 School Recvclino prooram
The Contractor shall place a Commercial Recycling Container at each school in
Service District II for the Collection of Program Recyclables.
20 Emergency Situations and Disaster Debris
20.1 Use of Contractor Services
If excessive amounts of Disaster Debris accumulate because of a hurricane, lropical
storm, freeze. or other natural or manmade disaster, the County, at its sole
discretion, may utilize the Contractor to assist with Collection of the Disaster Debris.
The County also may utilize the County's Disaster Debris Contract in accordance
with the County's Comprehensive Emergency Management Plan, as amended from
time to time, If the Director determines that an emergency Situation exists, lhe
Director may direct lhe Contractor to pertorm such work for the Rates specified in
Section 26.2 of this Agreement Nothing herein shall require the County to utilize the
services of Contractor, or prevent the County from hiring other parties to perform part
or all of slIch work. The County also reserves the right to utilize County personnel
and equipment in the removal of Disaster Debris.
20.2 Valiance in Routes and Schedules
In the event of a hurricane, major storm, or other natural or man-made disaster, the
Director may grant Contractor a variance from the Contractor's regular routes and
schedules, In the event such a variance IS granted, there shall De a corresponding
reduction in payment to the Contractor, if appropriate. As soon as practicable after
such a disaster, the Director shall advise the Contractor when normal Collections
and routes can be resumed. The County and the Contractor shall make every effort
through the local news media to II1torm the public when regular services can resume
20"3 Continoency Plan
Contractor shall develop a Contingency Plan, which shall describe the Cuntractor's
plan of action in the event that an emergency or other situation renders the
Contractor's operations yard or equipment unusable. The Contingency Plan shall
describe Ihe steps lhat the Contractor shall take to avoid Interruptions in Collection
ServiCB. The Contingency Plan shall be submitted 10 Ihe Director by August 1, 2005.
Thereafter, the Contingency Plan shall be updated and resubmitted to the Director
wilh the Contractor's annual reporl pursuant to Section 16.3. and within two (2) Days
whenever the plan is revised by the Contraclof
20.4 Emeroencv ManaqementlDisaster Meelinos
Contractor shall attend the County's emergency management/disaster preparedness
meetings, and shall provide the County with any materials that may be useful to the
discussion. induding, but not limited 10, Collection schedules and routes and security
codes to private community gates, The Director shall notify the Contractor of the
dale, lime and location of the meetings, and any necessary materials to be provided
by the Contractor.
49 of 71
Packet Page -1163.
3/22/2011 Item 16.E.2.
21 Insurance
21.1 Reouirements for Insurance Carriers
Contractor shall procure and maintain the followlng types of Insurance coverage at
all times during the term of this Agreement The policies of insurance shall be written
on forms acceptable to the County, and shall be pla.ced with an insurance carrier that
is apProved and licensed by the Insurance Department of the State of Fiorida and
acceptable to the Director. The insurance camer shall have a minimum financial
rating by the A.M. Best & Company of no less than "Excellent", with a minimum class
size of "VII".
21.2 Workers Compensation Insurance
Contractor shall provide workers compensation insurance, on behalf of all employees
who provide a service under this Agreement, as required under any Applicable Law,
including Chapter 440, Florida Statutes. Contractor shall provide employers liability
insurance with limits nolless than:
21.2,1 $1.000.000 per employee per accident
21.2.2 $500.000 disease aggregate
21.2.3 $500,000 employee per disease
21.3 Commercial General Liabilitv
Contractor shall provide commercial general liability insurance including, bul not
limited to, bodily injury, property damage, contractual, products and completed
operations, and personal injury, with limits of not less than $1,000,000 per
occurrence, $2,000.000 aggregate, covering an work performed under this
Agreement
21.4 Automobile Uabilitv
Contractor shall provide automobile liability insurance, including bodily injury and
properly damage for all owned, leased, hIred and non-owned vehicles, with IImrts of
not less than $1.000.000 c;ornbined single limit. covering all work perfonned under
this Agreement. (limits may be satisfied by combining an umbrella form and
automobile liability form for a combined total limit of $10,000.000.)
21.,5 Umbrella LiabUitv
Contractor shall provide umbrella liability insurance wtth limlt<; of not less than
$10,000,000 per occurrence, covering all work performed under thiS Agreement
21,6 Hazardous Waste Insurance
If regulated quantities of Hazardous Waste are identified while carrying out tl1is
Agreement, no further work is to be perfonned in the area of the Hazardous Waste
until the County's Ris~ Management Department has been consulted as to !he
potential need to procure and maintain any or all of the following coverages:
21.6.1 Contractors Pollution liability, For sudden and gradual occurrencES, in an
amount no less than $5,000,000 per claIm and S5.000,000 in tl1e
aggregate, arising oul of the work performed under this Agreement,
including. but not limited to all Hazardous Waste identified under this
Agreement.
50 of 71
Packet Page -1164-
3/22/2011 Item 16.E.2.
21,6.2 Asbestos Liability. For sudden and gradual occurrences, and in an amount
no less than $1.000.000 per claim and $1.000.000 in the aggregate. arising
out of work pertormed under this Agreement.
21.6.3 Hazardous Waste Disoosal. When applicable. the Contractor shall
designate the disposal site and furnish a certificate of insurance from the
disposal facility for EnVlronmental Impairment Liability Insurance. covering
liability for sudden and accidental occurrences in an amount not less than
$5,000.000 per claim and $5.000.000 In the aggregate, and shall include
liability for non-sudden occurrences in an amount nol less than
$10.000.000 per claim and $10,000.000 in Ihe aggregate.
21.6.4 Hazardous Wasle Transportation. When applicable. the Contractor shall
designate the hauler and furnish a certificate of insurance from the hauler
for automobile liability insurance with Endorsement MCS90 for liability
arising out of the transportation of Haz.ardous Waste, with an amount not
less Ihan $1,000,000 annual aggregate, and provide a valid EPA
Identification number.
21.6,5 Certificates of Insurance. The certificate of insurance furnished by the
Contractor shall clearly identify the hazardous matenal exposure work
being performed under this Agreement.
21.7 General Insurance Reouirements
Unless otherwise approved by the County's Risk Management Department. all
policies required herein, with the exception of workers compensation insurance, are
to be written on an occurrence basis. and shall name Collier County, its
commissioners, officers, agents. employees. and volunteers as additional insureds,
Insurer(s). except with regard to the workers compensation coverage, shall waive all
rights of subrogation against Collier County, its commissioners, officers. agents,
employees and volunteers,
21,8 All of the insurance requirements imposed on the Contractor in this Agreement also
shall be applicable to the Conlractor's subcontractors under this Agreement The
Conlrdclor shall be held responsible for any deficiencies. deviations. or omissions in
any subcontracto~s insurance,
21,9 Each insurance policy reqUired by this Agreement shall:
21,9,1 Apply separately to each insured against whom claim is made and sui I is
brought. exc:ept with respect to the limits of the insurer's liability.
21.9.2 Be endorsed to state that coverage shall not be modified, suspended.
voided, or canceled until 30 caiendar days after written notice by certified
mail. return receipt requested, has been given to Collier County's Risk
Management Department
21,10 The Counly shall retain the right to review. at any time. the Contrdctor's coverage,
form, and amount of insurance. Upon request. the Contraclor shall provide copies of
its insurance policies to the Director wilhtn two (2) Days,
2111 The procuring of required policies of insurance shall not be construed to iimil
Contractor's liability or 10 tuflilllhe Indemnification provisions and reqUirements at this
Agreement
51 of 71
Packet Page -1165-
3/22/2011 Item 16.E.2.
21.12 Contractor shall be solely responsible for payment of all premiums for Insurance
contribullng to the satisfaction of this Agreement and shall be solely responsible for
the payment of all deductibles and retentions to Which such policies are subject,
whether or not Collier County Is an insured under !he policy.
21_13 Claims made policies shall be accepted for professional and such other risks as are
authoriZed by the County's Risk Management Department All claims made policies
contributing to the satisfaction of the Insurance requirements herein shall have an
extended reporting period option or automatic coverage of not less than two Years_ If
provided an option, the Contractor agrees to purchase the extended reporting period
on cancellation or tennination, unless a new policy is affect.ed wit.h a retroactive date,
including at least the last policy year.
21.14 Certificates of Insurance evidencing Ctaims Made or Occurrence fonn coverage and
conditions to the Contractor, as well as the County's conlract number and description
of work, are to be fumished to the Director prior to September 1. 20.05, and within
thirty (30) calendar days of expiration of the insurance contract, when applicabie. All
insurance certificates shall be received and approved by the County's Risk
Management Department before the Contractor shall be allowed to commence or
continue work.
21.15 Notice of Accident (occurrence) and Notice of Claims associated with work being
performed under this Agreement, shall be provided to the Cont.ractor's insurance
company as soon as practicable after notice to the Contractor of any inCident
(occurrence) or claim arising oul of the terms Of Ihis AgreemenL The Notice of
Accident shall be provided to the Director withm two (2) Days,
21.16 At the end of the initial Term and eact! renewal Term. the County shall have the right
to require the Contractor to increase the amount of the insurance coverage provided
under this Agreement.
21.17 Should the Contractor at any time fail to maintain the insurance coverages required
in this Agreement, the Counly. at its discretion, is authoriZed to purchase such
coverage and charge the Contractor for the coverage purchasoo_ The County shall
be under no obligation to purchase such insurance, or to he responsible for the
coverage purchased, or the financial stability of the insurance companies used.
22 Performance Bond
22.1 Contractor shall furnish the County with a Performance Bond or other finanCIal
instrument ensuring the faithful performance of this Agreement. The bond shall be
provided no later than September 15, 2005. The Performance Sand shall be In an
amount not less than fifty percent (50%) of the value of one {1} year of the
Contractor's Residenttal Collection Service, The general form of the Performance
Bond is shown in Exhibit VeAl. The amount of the Performance Bond shall be
determined by the Director and calculated in accordance with the fonnula in Exhibit
V(S). The term of the Performance Bond shall be no less than one year, beginning
on the Commencement Date, Contractor shall fumish the County with a new
Performance Bond for an addilional lerm of not less than one year, from the
expiration dale ollhe Performance Bond then in effect, for each year this Agreement
is in effect. The new Performance Bond shalf be submitted at least thirty (30) days
prior to the expiration date of the Performance Bond then in effect.
52 of 71
Packet Page -1166-
3/22/2011 Item 16.E.2.
22.2 The Performance Bond shall be issued by one and only one surety. which shall be a
surety company authorized to do business in the State of Florida, and holding a
Certificate of Authority from the Secretary of the Treasury under Acl of Congress,
approved on July 30, 1947 (U,S.C. 613). Acceptable surety companies shall be
licensed to do business in Florida and shall have an A.M. Best rating of "g or better
and a "T" Underwriting limitation, which is not exceeded by this project's
Performance Bond,
22.3 The form of the proposed Performance Bond shall be provided to the Director by July
15. 2005. for approval.
23 Assignment and Subletting
.23.1 No assignment of this Agreement or any right or responsibility occurring under this
Agreement shall be made in whole or in part by the Contractor without the express
written consent of the Board. The Board shall have the right to approve or deny, with
or without cause, any proposed or actual assignment by the Contractor. Any
assignment of this Agreement made by the Contractor without the express written
consent of the Board shall be null and void and shall be grounds for the County to
declare a defaull of this Agreement. In such cases, the Board may temlinate this
Agreement by giving written notice to the Contractor, and upon the date of such
notice, this Agreement shall be deemed immediately tenninated. Upon such
termination all liability of the County under this Agreement to the Contractor Shall
cease, except for the amounts due and owing for Collection Services completed at
that lime. Thereafter, the County shall have the right to call the PerfonTIanoo Bond
and shali be free to negotiate wilh any Person for the service which is Ihe subject of
this Agreement.
23.2 1n the event that the Board's consen\ to any proposed assignment IS dented,
Contractor shall continue to provide all of the services required herein for the
remainder of the Term.
23.3 If any assignment IS approved by the Board. the assignee shall fully assume all of
tile liabilities of the Contractor.
23.4 The requirements of this Section 23 shall include, but not be limited to cases where
the Contractor hires a subcontractor to undertake any of the Contractor's obligafions
under this Agreement.
24 Transfer of Ownership
The transfer of this Agreement. by transfer of ownership. transfer of corporate shares. or any
other means to effect a change 111 the ownership structure of the Contractor. shall be
effective only after approval by the Board. An application to transfer this Agreement shall be
submitted jointly by the proposed transferor and transferee, and shall contain the same
Information as necessary as for Ule gran ling of a franchise. The proposed transferee shall
verify in writing that (a) it will comply with all of the requirements In this Agreement and (b) it
has the financial resources. expertise. equipment and other capabilities necessary to do so.
The Board may grant or deny the application for transfer, or may grant the application
subject to conditions.
53 of 71
Packet Page -1167-
3/22/2011 Item 16.E.2.
25 Payment for Services and Administrative Fees
25.1 Prohibitions on Payments
Neither the Contractor nor its agents, subcontractors. employees or other
representatives shall accept monetary remuneration from any Customer for the
provision of services described in this Agreement, unless such payments are
explicifiy authorized in this Agreement, and the payments are less than or equal to
the amounts authorized.
25.2 Countv's Obliqation to Pav for Residential Collection Service
The County shall be responsible for billing and collecting the fees that must be paid
by the County's residents for Residential Collection Service. In turn, the County shall
make monthly payments to the Contractor for the Residential Collection Service that
the Contractor provides. The Contractor shall be entitled to payment for the services
it renders, even If the County does not collect the necessary fees for such services
from the County's residents. The Contractor Shall be responsible for billing and
collecting its fees for any Residential Suppiemental Collection Service.
25.3 Procedure for Payment of Residential Service
The County's payments to the Contractor for Residential Collection Service shall be
made on a monthly baSIS. for services peifoTmed during the previous month, in an
amount equal 10 om~-twelfth of the approved annual paymenl per Residential
Customer. Payments to the Contractor shall be calculated by: (a) multiplying the
Rate for Residential Collection ServIce by (b) the number of Residential Customers
that received Residential Collection Service during the month. and (c) deducting any
liquidated damages assessed against the Contractor. Payment shall be sent to the
Contractor within the first twenty (20) Days of the month,
25.4 AddinQ New Residential Customers
If a new ReSIdential Customer is added to the Customer List. the County shall pay
the Contractor for Its services to the new Customer, subject to !he following
conditions. If the Contractors milial service to a new Customer commtlnces prior to
!he fifteenth calendar day of the month, the County's payment for that Customer will
be for a full month's service. If the initial service commences on or after the llfIeenth
day of the month, there will be no paymenl to the Contractor for any services
provided that rnonlh.
25.5 Removino Residential Customers
If the County removes a Customer from the Customer List, the County shall reduce
its payments to the Contractor, subject to the following conditions, If the County
notifies the Contractor on or before the fifteenth calendar day of the month that the
Customer has been removed from the Customer List. the Conlractor shall not be
paid for any servIce It provides to the Customer dunng thai month. If the County
notifies the Contractor after the fifteenth day of the month that the Customer has
heen removed from the Customer List, the Contractor shall be paid for the entire
month.
25.6 Overpayments and Underoavments tor Residential Service
If the Contractor provides service to a Person that is not included in the Customer
List prOVIded by the County, the Contractor shall provide the Director with
appropriate information, In the fonnat required by the Director, conceming the
54 of 71
Packet Page -1168-
3/22/2011 Item 16.E.2.
existence of and service to the Penson. Upon verifying this information. the County
shall revise the Customer List and shall begin remitting monthly payments to the
Contractor for its new Customer. If the County pays the Contractor in error. for
whatever reason, the Conlractor shall promptly notify the Director to recmy the
mistake, The Director shall make appropriate adjustments to the Contractor's
payments under this Agreement to offset any past underpayments or overpayments
resulting from any error,
25.7 Pavments for Commercial Service
Contractor shall be responsible for the billing and collection of Rates to be charged
for Commercial Colleclion Service and Commercial Supplemental Colleclion Service.
including collection and payment of Tipping Fees, The Contractor shall pay the
Tipping Fee at the Designated Site when the Contractor delivers Commercial Waste
or Commercial Recyclables.
25.8 Countv Billinos tor Commercial Service
The County, at its sole option. may elect to take over the billing and collection of fees
for Commercial Collection Service. If the County elects to do so, the Contractor shall
provide lhe Counly with a comprehensive list of Commercial Customers, including
the location, size and number of containers, and frequency of Collection, in an
electronic fomlat approved by lhe County. The Contractor and County agree to
enter into good faith negotiations to amend this Agreement (including Rates) to
reflect such a change.
25.9 Administrative Fees
To compensate Ihe County jor the cost oj administration, supeMsion and Inspection
reqUired for the effective perfonnance of this Agreement. the Contractor shall pay to
the County an administrative fee equal to two percent (2%) of all gross revenues
collected from Residential Customers, plus three percent (3%) of all gross revenues
collected from Commercial Customers, including disposal fees, arising oul of any
services or operations governed by this Agreement. The amount of the
admmistrative fee may be adjusted by the County on October 1 of each Agreement
Year. beginning on October 1, 2006, but the administrative fee shall not exceed five
percent (5%). The admil1lstrative fee shall not be increased unless the Rates in
Exhibit I are increased approprialely to maintamthe Contractor's nel revenues.
For the purposes of delerminlng the amount of the administrative fee, gross
revenues shall Include the dIsposal lees associated with Residential Collection
Service, whether or not such fee IS directty collected or paId by the Contractor. The
residential disposal lee to be used for this purpose shall be based upon the Rales
established 10 the exhibits allached hereto. Administrative fees shall be payable
monthly in arrears with the disposal fees, Any amounts not paid when due shall earn
interest at the maximum legal rate. Adjustments to the administrative fee, based
upon new or additional information aboul the Contractor's gross revenues. may be
made tram lime to lime by fhe Director, afteT providing notice to Contractor.
55 of 71
Packet Page -1169-
3/22/2011 Item 16.E.2.
26 Rates
26.1 Standard Rates
26.1.1 Separate Rates for Residential Collection Service, Commercial. Collection
Service. and for each Residential and Commercial Supplemental Coflection
Service, are shown in Exhibits leA) and 1(8) of this Agreement.
26.1.2 Contractor shafl utilize the Rates in Exhibits 1 and II of this Agreement when
billing its Customers.
26.1.3 Contractor is authorized to charge interest at the rale set by Florida
Statutes. on any delinquenl Commercial Customer account.
26.1.4 Contractor may collect a deposit plior to initiating service to a Commercial
Customer, The deposit shall not exceed the expected charge for two (2)
months service to the Commercial Customer. In the event a deposit is
coflected, It may be used to offsel any delinquent amounts due the
Contraclor after termination of service. Any remainder of a coflected deposit
shall be retumed to Ihe Commercial Customer.
26.1.5 The Contractor may charge a fee 10 a Commercial Customer for resumption
of service. where the Contractor discontinues service because the
Commercial Customer became delinquent in payments. The amount of the
fee is set forth in Exhlbitl{B).
26.2 Special Rates for Emeroencv Situations and Disaster Debris
If the Director makes a determination that an emergency situation exists and directs
the Contractor to coflect Disaster Debris, as specified in Section 20 of this
Agreement. the County shall pay the Contractor the following rates.
26.2.1 IF the quantity of Yard Trash collected from Residential Customers 10 a
given month exr.eeds 110 percent of the previous four-year average
quantity of Residential Yard Trash collected during that month, the County
Shall pay the Contractor a per-hour rate for each hour needed to collect
Yard Trash In excess of 100 percent of the average. The hourly rale for a
Federal Emergency Management Administration {FEMA) event is $140.00;
the houriy rate for a Non-FEMA event k'i $125.00. The curren! four-year
monthly averages are provided in Exhibit VII, and will be rer.alculated
annually.
26.2.2 If the quantity of Solid Wasle collected from Residential Customers in a
given month exceeds 110 percent of the previous lour-year average
Quantity of Residential Solid Waste collected during that month, the County
shall pay the Contractor a per-hour rate for each hour needed to collect
Solid Waste In excess of 100 percent of the average. The hourly rate lor a
FEMA event is $140.00; the hourly rate for a Non-FEMA event is $125.00.
The monthly averages for 2002-2003 are provided In Exhibit VII. The most
recent four year averages will be determined on the Commencement Date
and recalculated annually thereafter.
26.2.3 If the County directs the Contractor to utilrze roIl-off containers for Collection
of Disaster Debns, the County shall pay the Contractor per hour for
placement and Collection of each roll-off container, The per hour charge
for a FEMA event is $115.00; the per hour charge for a l1on-FEMA event is
$100.00, Tipping Fees will be paid by the County.
56 of 71
Packet Page -1170-
3/22/2011 Item 16.E.2.
26.2.4 At its option. the County may pay the Contractor $11.50 per cubic yard for
the Collection of Yard Trash. instead of the amounts authorized in Section
26.2.1. above. This fee shall be adjusted pursuant to Section 27,1 to reflect
changes in the Consumer Price Index.
27 Rate Adjustment
27.1 Annual CPt Adiustments to Collection Rates
27.1.1 The Collection portion of the Residential Customer Rates and the Collection
portion of the Commercial Customer Rales (e.g.. fronl-Ioad, compactor, and
rull-ofF Rates) shall be adjusted on October 1" of each year. beginning in
the second Agreement Year. as described below.
27,1.2 The Rale shall be adjusted III an amount equal to seventy percent (70%) of
the change in the Consumer Price Index ("CPI") during the previous year,
but the adjustment shall not exceed five percent (5%) in anyone year. The
formula in Exhibit II shall be used to calculate the Rate for the upcoming
Agreement Year.
27.1.3 The CPI shall be the lesser of the United States All Urban CPI, or the
Southern All Urban CPI, publiShed by the U.S, Department of Labor,
Bureau of Labor Stallsllcs. for the twelve (12) months ending on the April
30th that precedes each new Agreement Year, If the CPI is discontinued or
substantially altered, the County may select another relevant price index
published by the United Stales Government or by a reputable pUbliSher of
financial and economic indices.
27.1.4 Exhibit" contains sample calculalions that illustrate how the Collection
Rates will be adjusted, based on ttl€ CPt.
27.1.5 The lees sel forth 111 Exhibit I(B) for Supplemental Services shall be
adjusted annually to account lor changes in the CPI These CPI
adjustments shall be made in the same manner as the other cpr
adjustments described In thiS Secllon 27.1.
. 27.2 Adlustments to Commercial Disoosal Rates
27.2.1 The disposal Rates lor Commerciai Customers shall be adjusted. in the
manner shown 10 Exhibit II, whenever the Tipping Fee at the Naples Landfill
IS adjusted.
27.2.2 At least thirty (30) caiendar days pnor to the effective date 01 any proposed
adjustment in the Tipping Fee to be charged al the Naples Landfill. the
County shall notify the Contractor of such adjustment. and shall provide the
Contractor with a revised calcuiaUon of the Commercial Customer Rates
(e,g., fronHoad. compactor, and roll-off Rates). based on the proposed
change 10 the cost of disposal of Solid Waste at the Naples Landfill.
27.23 Exhibit II contains sample calculations lhat illustrate how the disposal Rates
will be adjusted. based on changes in the Tipping Fee
27.3 Chanaes Imposed bv Law
27.3,1 If a change in law will directly affect the Contractor's cost of providing its
services under this Agreement. the Contractor may prepare a schedule of
57 of 71
Packet Page -1171-
3/22/2011 Item 16.E.2.
proposed Rates which shall pass on the increased or decreased costs In a
fair CInd non-discriminatory manner. The schedule shall be accompanied by
all the work papers necessary for the Director to fairly evaluate the
proposed Rate increase or decrease. The Director shall review the
informalion provided and shall request such additional information as may
be necessary. The Director shall determine within forty-five (45) calendar
days the merits of the request, and shall make a recommendation to the
Board at a regular meeting. Adjustmenls to the Rates. if any, shall become
effective upon the date designated by the Board.
27.3.2 A "change In law" means the adoption, promulgation, or modification of any
Applicable Law after the Effective Date, which directly and substantially
affects the Contractor's or County's performance under this Agreemenl A
change in law does not include a change in any tax law or workers'
compensation law.
27-4 Extraordinarv Rate Adiustment
27.4.1 Once each Agreement Year, the Contractor may petition the Board for a
Rate adjustment on the basis of extraordinary or unusual changes in the
cost of operations that could not reasonably be foreseen by a prudent
operator. Contractor's petition shall contain a detailed justification for !he
Rate adjustment. Among other things, the Contractor's petition shall
include an audited statement of Contractor's historical and current
expenses, confinning an extraordinary incrf'.ase in Contractor's costs due to
factors beyond the Contractor's control. which have occurred through no
fault or negligence of the Contractor, The audited statement shall be
prepared by 8 certified public accountant, licensed in the State of Florida.
that is not an employee of the Contractor or its affiliates. AI its expense, the
County may audit the Contractor's records to evaluale the Contractor's
req uesl. The Director may req ues! from the Contractor, and the Contractor
shall provide. all of the information that is reasonably necessary for the
Director to evaJuale the Contractor's petition,
27.4.2 In Its sole discretion. the Board shall approve or deny the request within
sixty (60) days after the Director receives all of the Information needed to
evaluale the Contractor's proposaL The Board's decision shall be final and
non-appealable.
27.4.3 If the Contractor's request is granted, the Board shall have the right 10
reduce the Contractor's Rates when the Contractor's costs are reduced.
Every twelve (12) months after a request is granted, the Director shall have
the right to request. and the Contractor shall prepare promptly upon
request. an updated audit and explanation of whether the extraordinary
Rate lncrease should remain 111 effect.
27.5 Rate Reductions
The Board shall have the right to reduce the Rates, afler providing notice to the
Contractor and an opportunity for a hearing. The Board may exercise its right when
the Board determines thai a change in law. a reduction in the Tipping Fee, or
extraordinary event warrants a reduction in the Contractor's Rates.
58 of 71
Packet Page -1172-
3/22/2011 Item 16.E.2.
28 Liquidated Damages
28.1 Basis for Liauidated Damaaes
The County and Conlractor acknowledge and agree that il is difficult or impossible to
accurately detennine the amount of damages that would or might be incurred by the
County due to those failures or circumstances desclibed in this Section 28 and for
which the Contractor would otherwise be liable. Therefore, lhe following
administralive assessments shall constitute liquidated damages, not penalties, for
the Contractor's breach of this Agreement. These administrative charges may be
deducted from Ihe County's payments to the Contractor.
28.1.1 Failure to clean up spilled liquids or material in compliance with the
requirements in this Agreement, within the deadlines set forth herein, after
notification by the Director or a Customer. Each failure shall result In the
imposition of a $250 assessment per event.
28,1.2 Failure or neglect to collect properly prepared Solid Waste, Yard Trash, or
Program Recyclables from any Premises at those times provided by this
Agreement, wilhin the deadlines set forth herein, after notification by the
County or Customer, Each failure shall result in the imposition of a $100
fee. If the Contractor [aiis to meet the deadlines contained in lhis
Agreement, each additional Day of delay after the initial violation shall result
in the imposition of an additional $250 assessment.
28,1.3 Failure or neglect to correct chrome problems (C'.hrOI1lC shall mean three (3)
or more Legitimate Complaints at the same Premises within a twelve (12)
month period) shall result In the imposiUon of a $250 assessment. The first
assessment shall be imposed for the third Legitimate Complaint. Additional
assessments may be unposed for each Legitimate Complaanllhereafter. If
the Contractor has more than five (5) chronic complainl problems within
one month, there shali be an additional $500 assessment.
28.1.4 Failure or neglect to complele each street on a route (including missing
whole or partial streets) on the reguiarly scheduied Collection Day, within
the deadlines set forth herein. shall result in the imposihon of a
$500/streeUDay assessment
28.1.5 Intentionally mlxlI1g Yard Trasll, Program Recyclables, Solid Waste,
Electronic EqUipment, or any ather materials tllal are required to be
coliected separately, shali resull 10 the imposillon of a $1.000 assessment
per occurrence.
28.1.6 Mixing CommerCial and Residential Garbage, Rubbish or Yard Waste
during Collection, without prior written approval from the Director, shall
result in Ihe Imposition of a $1,000 assessment for each occurrence.
28.1.7 Failure to maintain a Collection vehicle or equipment in a clean and sanitary
manner shall result In the imposition of an assessment of $100 per vehicle
perdey
28.1,8 Mixtl1g Commercj;;1 Recyclables and Residential Program Recyclaoles
during CollectIOn, unless prior approval for the mlxmg has been granted by
the Director, shali result in the imposition of a $ 1,000 assessment tor each
occurrence.
59 of 71
Packet Page -1173-
3/22/2011 Item 16.E.2.
28.1.9 Failure to resolve Legitimate Complaints, other than Missed Collections,
within seven (7) Days of notification shall result in the imposition of a $250
per day assessment for each occurrence until such complaint is resolved to
the satisfaction of the County.
28.1,10 Failure to timely file any report or document required herein shall result in
the imposition of a $100 assessment for each Day that each report or
document Is late,
28,1.11 Faiiure to dispose of Residential Waste or Commercial Waste collected in
the Contractor's Service District at a Designated Site shall result in the
imposition of liquidated damages equal to the currenl tip fee at lhe
Designated Site, plus twenty-five percent (25%), for each ton disposed at
non-Designated Site.
28.1.12 Failure or neglect to correct chronic equipment problems (chronic shall
mean three (3) instances of the same or similar problem with the same
equipment/truck within a twelve (12) month period) shall result in the
imposition of a $250 assessment. The first assessment shall be imposed
for the third problem. Additional assessments may be Imposed for each
problem thereafter.
28.1.13 Failure to properly and legibly label Recycling Containers, Commercial
Containers and/or Roll Carts within five (5) Days of receiving notice from
the Director, shall result In the imposition of a $100 assessment for each
C'.ontainer not properly labeled.
28.1.14 If the Contractor fails to comply with any proVIsion of this Agreement for
which liquidated damages have not been specified in this Section 28.1, the
County may impose a $200 assessment per occurrence per day..
28,1.15 Failure to have a vehicle operator properly licensed, or failure of the
operator to carry his license while on duty, shall result in a Jlil00
assessment per occurrence per day.
28.1.16 Failure to maintain office hours in the manner specified in this Agreemenl
shall result ina $100 assessment per occurrence per day,
28,1 17 Failure to replace or repair a damaged container as specified 111 this
Agreement shall resull in a $25 assessment per incident per 10caUon.
28.1.18 Failure to service a Legitimate Complaint withrn the spedfied time frame
shall result in a $50 assessment per incident per day,
28.1.19 If the Contractor notlfies the Director that a complaint has been resolved,
when the complaint has not been resolved. there shall be a $200
assessment per Incident.
28.1.20 Collections outside of the hours speCIfied in this Agreement, withoLrt prior
approval of the Director, shall result in a $100 assessment per incident per
day,
28.1.21 Failure of personnel to treat customer(s) or their property in a pro!esslonal
manner sflall result in Ii $15 assessment per incident
28.1.22 Blocking driveways with containers or Recycl1ng Bins shall result In the
imposition of a $25 assessment per incident per day.
60 of 71
Packet Page -1174-
3/22/2011 Item 16.E.2.
28.1.23 Failure to provide timely promotional, educational materials anel/or
advertisements shall result in the imposilion of a $1.000 assessment per
event.
28_1.24 Failure to comply with the deadlines in Sections 5_3 and 5.4 for the
Transition Periods shall result in an assessment of $1,000 per day, per
incident.
28.2 Procedure for Assessino liquidated Damaoes
28.2,1 Based upon an investigation, the Director shall determine whether
liquidated damages shall be assessed against the Contractor. The
Conlractor shall not be required 10 pay liquidated damages in those cases
where the delay or failure in lhe Contractor's performance was (a) excused
In advance by the Director or (b) due to unforeseeable causes thai were
beyond the Conlraclor's reasonable control, and without any fault or
negligence of the Contractor.
28.2.2 Prior to assessIng liqUidated damages, the Director shall prOVIde wntten
notice to the Contractor, indicating the County's intenlto assess liquidated
damages_
28.2.3 Alter rec8lvtng the Director's letter. Contractor shall have ten (10) Days to
file a written letter of protest with the Director.
28.2.4 If a protest is timely filed. tile matter shall be relerred to the Manager for
resolution_ The Manager shall review the issues in a timely manner and
then provide a written decision to the Contractor
28.2.5 If the Manager's dec!sion is unacceptable. the Contractor shall have ten
( 10) Days to file a written petition with the Director for a healing before the
Board. Upon the timely filing of a petition, lhe Board shall provide the
Contractor with an opporlunity to be heard at a public meeting and then the
Board shall notify the Contractor in writing of It.., decision conc.eming the
liquidated damages. The decision of the Board shall be final and non-
appealable
28.2.6 If a protest or petition is not IImely filed by the Contractor. or it the Board
concludes that liquidated damages should be assessed, the Director shall
deduct the liquidated damages from the County's next payment to the
Contractor for Collection Services
28.2.7 The procedures in Ihis Section 28 shall be used in lieu of the procedures in
Section 30 to resolve disputes concerning liquidated damages.
29 Events of Termination
29.1 Failure to Fulfill ObliQatlons of AQreement
29.1.1 The County may tenninate this Agreement for Contractor's failure to fulfill a
material obligation of the Agreement. including but notlimrted to:
29_1 1.1 Refusal to ('.amply with any lawful order of the Board_
29.1.1.2 Failing to begin work within the time specified in this Agreement
61 of 71
Packet Page -1175-
Failing to properly and timely perform work as instructed by the
Director or as provided in this Agreement.
Willful delay in filing reports and audits.
Performing the work unsuitably or neglecting or refuSing to correct
such work as may be rejected as unacceptable, unsuitable or
otherwise nonconforming or defective,
Discontinuing operations without authorization from the Director.
Failing to resume work thai has been suspended within a reasonable
time after being notified to do so.
Falling to obey any Applicable Law,
Willfully COllecting any Rates. charges or fees for the Colleclion
(including disposal costs) of Solid Waste or Recyclable Materials
within the Contractor's Service District. when such sums are not
approved by the Board, or are greater than the amounts approved by
the Board.
Willfully circumventing Rates, charges or fees due for the Collection
(Including disposal costs) of Solid Waste, Recyclable Malerials, and
Yard Trash within the Contractor's Service District.
29.1.1.11 Otherwise failing to partorm or abide by the terms of this Agreement.
29.1.2 When any of the above reasons exist, the Manager may terminate this
Agreement, without prejudice to any other rights or remedies of the County,
after giving the Contractor and the Contractor's surety, if any, written notice
thallhe Contractor has seven (7) Days to cure the default. Contractor may
be granted an extension of time to cure lhe default if it is not reasonably
possible to comply within seven (7) Days.
29.1.3 If the Contractor fails to cure the default within seven (7) Days and the
Agreement is terminated for failure to provide satisfactory performance, the
Contractor shall be entitled to receive compensation for all reasonable and
allocable services that were satisfactorily performed by the Contract.or up to
the date of termination, If the County terminates this Agreement because
of the Contractor's default. the Contractor shall be liable for all excess costs
thallhe County is required to expend to complete the work covered by this
Agreement.
29,1.4 Except where otherwise speCifically prOVided. the measure of damages to
be paid by the Contractor to the County due to any failure by the Contractor
to meet any of its obligations under this Agreement shall be the actual
damages incurred by the County.
29,1.5 If the County terminates thiS Agreement because of a default by the
Contractor. t~le Contractor shall be liable to the County for all actual
damages Incurred by the County as a result of the Contractor's default.
The foregoing shall apply without regard to the County's rights pursuant to
the Performance Bond.
29.1.1.3
29.1.1.4
29.1.1.5
29.1,1.6
29.1,1.7
29.1,1.8
29.1.1.9
29.1,1.10
3/22/2011 Item 16.E.2.
29.1.6 If the Contractor has abandoned performance under this Agreement. then
the County may terminate this Agreement three (3) calendar days after
providing written notice to the Contractor of its II1lenlion to do so. The
62 of 71
Packet Page -1176-
3/22/2011 Item 16.E.2.
notice shall state the evidence Indicating the Contractor's abandonment.
For purposes of this paragraph, abandonment constitutes ceased
operations for a period of time that results in failure to perform the terms of
this Agreement.
29.2 Insolvencv of Contractor
Either the appointment of a receiver to take possession of all or substantially all of
the assets of the Contractor, or a general assignment by Contractor for the benefil of
creditors, or any action taken by or suffered by Contractor under any insolvency or
bankruptcy act shall constitute a breach of this Agreement by Contractor. In such
cases, the County may terminate this Agreement three (3) Days after giving notice to
the Contractor of its Intent.
29.3 Repeat Violations of AQreement
H the Contractor's record of performance shows lhat the Contractor has frequently,
regularly, or repetitively defaulted in the perfomlance of any of the covenanls,
conditions, or requirements contained in this Agreement, and regardless of whether
the Contractor has corrected each individual condition of default or paid liquidated
damages, the Contractor shall be deemed a "habilual violator" and shall forfeit the
right to any further notice or grace period to correct, and all of the prior defaults shall
be considered cumulative and collectively shall constitute a condition of irredeemable
default. Under such circumstances, the Board shall issue the Contractor a final
warning, citing the grounds therefore, and any Single default by Contractor of
whatever nature, subsequent to the issuance of the Board's notJce. shall be grounds
for immediate tennination of this Agreement. In the evenl of any such subsequent
default, the County may terminate this Agreement upon giving wrltlen notice to the
Contractor, and termination stlall be effeclive three (3) Days after the nolice 15
delivered. All tees due to the Contractor hereunder, plus any and all charges and
interest, shall be payable to the date at termmatlon, and the Contractor shall have no
turther rights hereunder. Immediately upon receipt of the Board's final notice, the
Contractor shall cease any further perfonnance under this Agreement
294 In the event this Agreement is terminated, all liability of the County under this
Agreement shall cease and the County shall have the nght 10 utilize the Performance
Bond, as necessary to obtain Collection Services from anolher Person. The
Contractor shall reimburse the County for all direct and indirecl costs the County
lfICUrs while oblaining interim Collection Service.
30 Dispute Resolution Process
30.1 The County and Contractor agree to cooperate and act in good faith at all times
when dealing with each other. If a dispute arises between Ihe parties, the parties
shall attempt to resolve their ditferences quickly and infomlally, If they are unable to
do so, they shall seek relief by following the procedures in SecUOn 30.8, below, or by
initiating a non-binding medialion proc.ess pursuant to Section 30.2. below,
30.2 ALL CLAIMS. DISPUTES AND CONTROVERSIES ARISING OUT OF OR
RELATED TO THE PERFORMANCE, INTERPRETATION, APPLICATION OR
ENFORCEMENT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO
CLAIMS FOR PAYMENT AND CLAIMS FOR BREACH OF THIS AGREEMENT,
SHALL BE REFERRED TO NON-BINDING MEDIATION BEFORE INITIATION OF
63 of 71
Packet Page -1177-
3/22/2011 Item 16.E.2.
ANY ADJUDICATIVE ACTION OR PROCEEDING, AT LAW OR IN EQUITY,
UNLESS IT SHALL BE UNREASONABLE TO DO SO OR AN EMERGENCY
SITUATION OR NECESSITY DICTATES OTHERWISE. ALL APPLICABLE
STATUTES OF LIMITATION AND DEFENSES BASED ON THE PASSAGE OF
TIME SHALL BE TOLLED WHILE THE MEDIATION PROCESS IS PENDING, THE
PARTIES WILL TAKE ALL REASONABLE MEASURES NECESSARY TO
EFFECTUA IE SUCH TOLLING.
30..3 The Contractor and County agree to participate fully in the medialion process and
conscientiously attempt to resolve their dispute. Except as provided below, each
party shall bear its own expenses in connection with the mediation. Both parties
shall pay equally for the services of the mediator. The mediation shall take place in
Collier County, Florida.
c 30.4 Notwllhstanding the foregoing, if either party tenninates this Agreement for cause
pursuant to Section 29, above, the terminating party shalll1ave the right, in its sole
discretion, to proceed directly with litigation 01 any claims or disputes relating to the
tenninslion for cause and may include other cJaims and disputes unrelated to the
termination, and shall not be required to submit such claims or disputes to the
mediation,
30.,5 The parties agree that any claim filed in slate or federal court concerning this
Agreement shall be heard by a judge, silting without a jury,
30..6 THE COUNTY AND THE CONTRACTOR HEREBY KNOWINGLY, VOLUNTARILY,
AND PERMANENTLY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL
CONCERNING THE PERFORMANCE, INTERPRETATION, APPLICATION OR
ENFORCEMENT OF THIS AGREEMENT.
30.7 In any litigation conceming this Agreement. the prevailing party shall recover ils
costs and reasonable attorney's fees from the non-prevailing party. including the fees
and costs incurred in any trial. appeal. and mediation, IT any, concerning the issue(s)
in dispute,
30,8 When a dispute between the County and the Contractor is pending or threatened,
the Contractor shall attempt to resolve the dispute with the Director, If this attempt is
unsuccessful, either party may initiate a non-binding mediation process, In
accordance wit/lthe provisions of Section 30.2, abovec In addilion, at anytime during
the dispute resolution process, the Contractor may requeSlthe Manager to consider
the disputed issue, The Contractor's wlitten request shaH be delivered to the
Director and it shall describe the Contractor's proposed solution tor resolving the
dispute. The Director and the Manager may request, and the Contractor shall timely
provide, any additional informalionthal is reasonably necessary 10 evaluate the
disputed issue and the Contractor's proposal. The Manager Shall fully and fairly
consider the Contractor's proposal in a timely manner. Upon request, the Manager
shall meel with lhe Contractor and discuss its proposal, If the Manager rejects the
Contractor's proposal in whole or in part, the Contractor may sUbmil a written request
to the Manager for an opportunity to present its proposed solution to the Board.
Thereafter, the Contractor shall be allowed to present rts proposal to the Board at a
duly noticed public meeting. The Board may accept or reject the Contractor's
proposal, or take other action that the Board deems appropriale, in the Board's sole
discretion.
64 of 71
Packet Page -1178-
3/22/2011 Item 16.E.2.
31 Operations During a Dispute
If a dispute arises between the Counly, the Contractor, or any other party concerning the
Contractor's performance under this Agreement. the Contractor shall continue to peJionn its
duties in strict compliance with the terms and condUions of this Agreement, regardless of the
pending dispute.
32 Waiver
Unless otherwise specifically provided by thiS Agreement. no delay or failure to exercise a
right under this Agreement shall impair such right or shall be construed to be a waiver
thereof, but such right may be exercised from time to time and as often as deemed
expedient. The failure of the County or Contractor at any time to require performance by the
, other party of any term in this Agreement shall in no way affect the right of the County or
Contractor thereafter to enforce same; nor shall waiver by the County or Conlraclor of any
breach of any term of this Agreement be taken or held to be a waiver of any succeeding
breach of such term or as a waiver of any term itself. To be effective, any waiver shall be in
writing and signed by the party granting such waiver, Any such waiver shall be limited to the
particular right so waived and shall not be deemed to waive any other right under this
Agreement
33 Notices and Communications to Director and District Manager
All notices. requests, authorizations, approvals, protests, petitions, and payments provided
for herein shall be in writing. Such documents shall be either (a) hand delivered, (b) mailed
by registered or certified mail (postage prepaid), return receipt requested. or (c) sent by
telecopy, and addressed as shown below. The documents shall be deemed to have been
duly delivered when personally delivered, or when transmitted by telecopier and receipt is
confirmed by telephone, or when delivered by U.S, Mail or couner service, as shown by the
return receipt.
If \0 the County (Manager):
Collier County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Flonda 34112
If to the Contractor (Distrlcl Manager):
Immokalee Disposal Company, Inc,
Attention: District Manager
120 Jefferson Avenue West
Imrnokalee, FlorIda 34142
Both parties reserve the right 10 designate a different representative or representatives 111
the future, or to change Ihe address(es) fOr notice. by providing wrillen nolice to the other
party of such change.
65 of 71
Packet Page -1179-
3/22/2011 Item 16.E.2.
34 Permits and Licenses
Contractor, at Its sole cost and expense, shall obtain and maintain throughout the tenn of
this Agreement all permits, licenses and approvals necessary or required for Contractor to
perform the work and services described herein.
35 Compliance with Laws and Regulations
Contractor agrees that. in the perfonnance of its work and services under this Agreement,
Contractor shall qualify under and at all times comply with all Applicable Laws now in effecl
and hereafter enacted during the term of this Agreement, which are applicable to Contractor,
its employees, agents, or subcontractors, if any, with respect to the work and services
described herein.
36 Equal Opportunity Employment
Contractor agrees that it shall not discriminate against any employee or applicant for
employment for worll under this Agreement because of handicap, race, color, religion, sex,
age, or national origin and shall take affirmative steps to ensure that applicants are
employed and employees are treated during employment by Contractor without regard to
race, color, religion, sex, age or national origin. This proviSion shall include, but not be
limited to, the following: employmenl upgrading, demotion or transfer. recruitment
advertising; layoff or termination: rates of payor other forms of compensation; and selection
for training, induding apprenticeships. Contractor agrees to furnish the County with a copy
of its Affirmative Action Policy. A copy of Ihe policy shall be submitted to the Director at
least thirty (30) calendar days before the Commencement Date.
37 Indemnification and Hold Harmtess
The Contractor hereby covenants and agrees 10 defend fUlly, protect. indemnify and hold
harmless the County from and against each and every claim, demand or cause of action
and any and all liability, cost, expense (inclUding by not limited to reasonable attorneys' fees.
costs and expenses Incurred in defense of the County, even if incident to appellate, past-
judgment or bankruptcy proceedings), damege or loss in connection therewIth which may be
made or asserted by the Contractor. the Contractor's employees or agents, or any third
parties (including but not limited to the County) on account of personal injury, death,
damage or property damage caused by. arising out of or in any way incidental to or in
c-.onnection with its performance under this AgreemenlAt the election of the County, the
Contractor shall contest and defend the County against any such claims of liability against
the County. The County shall In any event, halle the right, thrOllgh counsel of its choice, to
control the defense or reSponse to any such claim to the extent It could affect the County
financially. This indemnification shall also include any claim or liability ansing from or in any
way related to actual or threatened damage to Ihe environment, agency costs by
investigation, personal injury or death. or damage to property, due to a release, alleged
release, or improper handling by Contractor of Hazardous Waste, Biomedical Waste,
Biological Waste, infectious waste or Sludge, regardle5s of the merits of the claim, Only
those matters whic-.h are determined by a final. nonappealable jUdgment to be the resull of
the negligence of the County or the negligence of a third party who IS not an agent,
employee, invitee, or subcontractor of the Contractor shall be excluded from the Contractor's
duty to indemnify the County. but only to the extent of negligence of the County or suctl third
66 of 71
Packet Page -1180-
3/22/2011 Item 16.E.2.
party. For the purpose of this Section 37, the term "County" shall be deemed to include the
County Commissioners and the County's agents, employees and affiliates. For purposes of
this indemnification, "claims" shall mean and include all obligations, aclual and
consequential damages. and costs reasonably incurred in the defense of any claim against
the County, including, but not limited to, reasonable accountants', attorneys'. attomey
assistants' and expert witness fees, costs of investigalion and proof of facts, court costs,
other litigation expenses, and travel and living expenses. The County shall have the righlto
defend any such claim against it in such manner as the County deems appropriate or
deSirable in its sole discrelion. This indemnity shall continue in full force and effect
subsequent 10 and notwithstanding the expiration or tennination of this Agreement.
38 Employee Status
Persons employed by the Contractor in the performance of services and functions pursuant
to this Agreement shall have no claim to penSion, workers' compensalion, unemployment
compensalion, civil service or other employee rights or privileges granted to the County's
officers and employees. either by operation of law or by the County's actions.
39 Severability
IF any portion of this Agreement is declared invalid, illegal, void or unenforceable, such
portion shall be considered severable. and the remaining portions shall not be affecled, but
wtll remain in full force and effect. This Agreement shall be construed as it such Invalid,
illegal, void or unenforceable proviSion had never been contained herein.
40 Force Majeure
40.1 Inabilltv to Perfonn
Except for any payment obhgalion by either party, II the County or Contractor IS
unable 10 perform, or is delayed in its performance of any of its obligations urlder this
Agreement by reason of any event of force majeure. such inability or delay shall be
excused at any time during which compliance is prevented by such event and during
such period thereafter as may be reasonably necessary for the County or Contractor
to correclthe adverse effect of such evenl of force majeure.
40.2 Events of Force Maieure
An evenl of "force majeure" shali mean the following events or circumstances to lhe
extent that they delay the County or Contractor from perfonning any of Its obligations
(other than payment obligation) under this Agreement
40.2.1 An Acl of God, tornado, humcane, fiood, fire, explosion (except lhose
caused by negligence of Contractor, its agents, and assign). landslide,
earthquake, epidemic, and extremely abnormal and excessively inclement
weather,
40.2.2 Acts of publiC enemy, acls of war, terronsm, insurrection, nots, ciVil
disturbances. or national or If1temationai caiamities,
40,2.3 Suspension, termination or interruption of utilities necessary to Ille
Contractor's operation orduties under this Agreement
67 of 71
Packet Page -1181-
3/22/2011 Item 16.E.2.
40.2.4 Any act. event. or condition which tS determined by mutual agreement of
the County and the Contractor to be of the same general type as the events
afforce majeure iden11fied in the preceding paragraphs.
40.2.5 Labor disputes, labor shortages, changing economic conditions, and the
economic hardship of the Contractor shall not be considered an event of
force majeure.
40.3 Wrltten Notification
To be entitled to the benefit of this Section 40, a party claiming an even! of force
majeure shall give prompt written notice to the other party, specifying in detail the
event of force majeure, and diligently proceed to correct the adverse effect of any
force majeure. The parties agree that, as to tNs Section 40. time is of the essence.
41 Governing Law and Venue
The laws of the State of Florida shall govern the rights, obligations, duties and liabilities of
the parties of this Agreement and Shall govern the inlerpralalion of this Agreement. Arty and
aJllaga! actions necessary to enforce this Agreement shall be held and maintained solely in
Collier County. Florida.
42 Modification to the Agreement
This Agreemenl conslilules the entire Agreement and understanding between the parties
hereto, and it shall not be considered modified, altered. Changed or amended in any respect
unless in writing and signed by the parties hereto.
42.1 Countv Power to Modify
The Board shall have the power to make changes in this Agreement reiatilla to the
SCOpe and methods of providing Collection Services, when the Board deems it
necessary and desirable fOr the public welfare. The Director shall give the
Contractor nolica of any proposed change and an opportunity to be heard
concerning any relevant matlers. The County and Contractor agree to enter into
good faith negotiations to modify this Agreement and the Rates, as necessary. The
scope and method of providing Collection Services, as referenced herein, shall be
liberally construed to include, but not limited to the manner, procedures. operations
and obligations. financial or otherwise. of the Contractor.
42.2 Chanoes in Law
The County and the Contractor understand and agree that changes in the Applicable
Laws may require changes or modifications in some of the conditions or obligations
of this Agreement. In the event any future change in any Applicable Law materially
alters the obligations of the Contractor or the County, then the proviSions and Rates
in thIS Agreement may need to be mOdified. The County and Contractor agree to
enter into good faith negotiations regarding modifications 10 thIS Agreement, which
may be required In order to implement changes in the interest of the pUblic welfare or
due to a change in law,
68 of 71
Packet Page -1182-
3/22/2011 Item 16.E.2.
43 Independent Contractor
When perfomling the activities required by this Agreement, the Contractor will be acting in
lhe capacity of an independent conlractor and not as an agent, employee, partner, joint
venturer or associate of the County. Neither the Contractor nor any if Its employees,
officers, agents or subcontractors shall represent, act. purport to act, or be deemed to be the
agent, representative, employee, or servant of the County. The Contractor shall have no
authority 10 bind the County to any agreement or contract.
44 All Prior Agreements Superseded
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained in this
Agreement. The parties agree that there are no commitments, agreements or
. understandings concerning the subject matter of this Agreement that are not contained
herein. Accordingly, it is agreed that no deviallon from the tenns of this Agreement shall be
predicated upon any prror representations or agreements, whether oral or written, This
Agreement shall supercede all prior agreements between the parties regarding the matters
addressed herein.
45 Headings
Headings in this document are for convenience of reference only and are not 10 be
considered in any interpretation of this Agreement.
46 Survivability
Any term. condition, covenant, or obligation which requires perfonnance by a party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such tennination.
47 Fair Dealing
The Conlractor declares and warrants Ihatthe Contractor enters into the Agreement without
reliance on or engaging in any collusion. bribery or fraud. lhat all of Ihe Contractor's
representations in this Agreement are made fairly and in good faith, and that no County
Commission member. County officer, or County employee, direclly or indIrectly owns more
than 1% of the total assets or capital stock. of the Contractor, nor will any such person
directly or indirectly benefit by more than 1% from the profits or emoluments of this
Agreement, nor has the Contractor provided any gift to any such person or their famify The
Contractor warrants that it has not employed or retained any company or person. other than
a hona fide employee working solely for the Contractor. to solicit or secure this contract and
lhe Contractor has not paid or agreed to pay any perscn, company. corporation. individual
or firm. other lhan a bona fide employee working solely for the Contractor, any fee.
commission. percentage, gift or any other compensation conlingent upon or resulllng from
the award or making of Ihis contract, Further, the Contractor declares and warrants that the
Contractor is nol sUDJect to the restrictions III Sections 287.'133 and 287.134. Florida
Statutes, for a public entity crime.
690171
Packet Page -1183-
3/22/2011 Item 16.E.2.
4B Sovereign Immunity
Nothing in this Agreement shall be interpreted or construed to mean that the County waives
its common law sovereign immunity or the limits on liability set forth in 768,28, Florida
Statutes.
49 Construction of Agreement
Both parties acknowledge thallhey have had meaningful input into the terms and conditions
contained in this Agreement. Therefore, any doubtful or ambiguous provisions contained
herein shall not be construed against the party that physically prepared this Agreement.
The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the
interpretation of this Agreement.
50 Terms Generally
Whenever the context may require, any pronoun used in lhis Agreemenl shall inctude the
corresponding masculine, feminine and neuter forms, and the singular shall include the
plural and vice versa. Unless otherwise specifically noted, the words "include," and
"including" as used herein shall be deemed to be followed by the phrase "without limitation."
The words "agree: "consent: and "approval" as .used herein shall be deemed to be
followed by the phrase "which shall not be unreasonably withheld or delayed", except as
specifically noted. Words or phrases which are defined herein by reference to a statute, rule
or regulation shall have the meaning ascribed 10 such word or phrases as of the EffectIve
Date, without regard to subsequent changes in such statutes, rules or regulations, except
where this Agreement expressly provides otherwise. The word "shall" is always mandatory
and not merely discretionary.
51 Remedies Not Exclusive
The remedies specified in this Agreement shall supplement. and not be in lieu of, any other
remedies provided al law or in equity. The payment of any liquidated damages by the
Contractor shall not constitute a defense for the Contractor, nor an election 01 remedies by
the County, nor serve as the basis for a claim of estoppel against the County, nor prevent
the County from terminating this Agreement. The County's decision to refrain from
assessing liquidated damages, or suspending or terminating this Agreement, or seeking any
other relief from any failure in the Contractors performance, shall not conslitute a waiver of
the County's right 10 pursue any other remedy or a waiver of its right to pursue a remedy for
any future failure by the Contractor, No remedy conferred by this Agreement is intended to
be exclusive of any other remedy. Each and every such remedy shall be cumulative and
shall be in addition to every other remedy glven hereunder or now or hereafter existing at
law or in equity, by statute or otherwise. NQ Single or parlia,1 exercise by any party of any
right. power, or remedy hereunder shall preClude any other or further exercise thereof.
70O'f71
Packet Page -1184-
3/22/2011 Item 16.E.2.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: COLLIER COUNTY by Ihe Chair of the Board of
County Commissioners. duly authorized 10 execute same. and IMMOKALEE DISPOSAL
COMPANY. INC" by and through its President. duly authorized to execule same.
DATED:'~'~'.~~JrJf Zff6:)
'. . . ,."' ~ .
A 1TEST: ~-
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
-' . ,,'. . ',. .--,
DWIGHT E. BROCK"Clel i;.
-.,' - j -
~~'.G. ~aej()lM) {JC
!? .DePuty Clerk .
,I ,
i. Atti~t 11.$ to ChI inllln J
S l\.Jlutlllr'f 00 1,y.
Approvea as to fonn and
'-1_ Ii W r.. G ~
By:_.~ . ~
Fred W. Coyle, ChainnaW
legal ~~ _----;
(..~ ," ./ {-
Ic.. '/'.,;/
Robert N. Zactiar)f
AsSistant County Attorney
/ ...~..' "
(1) ,,:u,';2'.z;.;d /..jIw;-:~f
Signature
....';-;.~k'~:~.~.."l._~:: 7 ./:;?-; ~,A./T
PnntedlTyped Name
IMMOKALEE DISPOSAL COMPANY, INC.
a Fforida corporation
i. /
..... ,l ,',_ J.,,- '_ t. " , I.!"l ,'\
_~ ....-:' ,"~.~,',-7
By.-' , { {,. '---~-;:-~ u (, / J..--~
~- , .-
Signature
i / ,I.. -
L--:.y..-:J i:~~:":; > 1..../11."1_,;- /'/
(2) ~.. . .'~ : .,c___~_. -"
Signature
PrintedITyped Name
PrintedlTyped Name
. . I
-' ''-.'" I I';, .It.j~:'T'''
PrintedlTyped Title
2""05
(cor,:lor;;; Ie 5631)
71 of 71
Packet Page -1185-
3/22/2011 Item 16.E.2.
EXHIBIT I(A.)
RATES FOR RESIDENTiAl A.ND COMMERCiAl COLLECTION SERVICE
Annual Residential Collection Service Rate (effective October 1,2005) = $82.38
Rates for Commercial Collection Service'
BULK CONTAINER RATES
SERVICE YEAR 10/1/04.9/30/05
SIZE OF FREQUENCY
CONT AtNER (COLLECTIONS RATES
CUBIC YARDS PER WEEK $ PER MONTH
2 1 $6030
2 2 $ 117.92
2 3 $ 147.39
2 4 $ 180.68
2 5 $ 207,67
2 6 S 227.78
4 $ 93.83
4 2 $ 174.20
4 3 $ 247.86
4 4 $ 314.83
4 5 $ 375.13
4 6 $ 426.7:l
6 1 $167,48
6 2 $ 247,86
6 3 $ 321,54
6 4 $ 388.53
6 5 $ 44882
6 6 S 502.39
EXTRA
CONTAINER
SERVICE
S21.36
PER PICK-UP
$42.67
PER PICK-UP
$64.01
PER PICK.UP
'Commercial Rates shalf be established annually pursuant to Colli4Jr County Ordinance No. 84-31.
1 of 1
Packet Page -1186-
3/22/2011 Item 16.E.2.
EXHIBIT I(B)
RATES FOR SUPPLEMENTAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE
Service Rates for Service
Rasidantial Curbsldo Customers .-._-"
In yard ""rvlce tor non. handicap is60 per ,mil/vear
-.-- ..-
Extra plck~up sorvice 550 plus 55 for each bulk lIem (whit.. noods)
~!!!!,morclal Customers
Exlra pick"up service
Same a5 routine colloc~on service in Exhillrt riA)
Unlocking & Iockmn gates
,
1$10 par month
Lock lor containers
Exchanging coJ:ltliner for a different sl7e 1l11ID'" than 2 times a yo_~r 35 per occurmnce
IslO per month
11550 por bar
-'rs~~ por IorJ<
~o per container
Lad> bar SAt up
Replacement lor dam_"!l~d ba-,-
Pressure washinQ containcf'$
F'~~rc waShing 100I-off compactor
Re-lo.catin~rEustomer ownad (XmtalOors
fW:lmtttnaru;R ot c.ustomer owned conlaineru
i
1$150 per container
I
1$25 ~Jo{ir or.currence
Ii
$50 por hou~'plus all parls @ cosl
C!lURCbon 01 bulk Items and whit" Qoods S 10 firsl il""', $5 ellCh additlOnalllam
- ~ 1----
R...inS13tomonl fec (i.e". ralumono conllliner(s) alter solVicc stcp~)1561
'Supplemental Collnclton Service Rates arc suoiect '0 enm,al CPI ad)ustmenl
1 of 1
Packet Page -1187-
3/22/2011 Item 16.E.2.
EXHIBIT II
PROCEDURE FOR CALCULATING ADJUSTMENTS TO
RESIDENTIAL AND COMMERCIAL RATES
Collier County shall calculate the residential and commerCial Collection and disposal Rates.
based on the following formulae:
A. Residential Rates
1, Initial Residential Rate [See Exhibitl(A)J
2. Adjustments to Residential Rate after first Agreement Year
New Rate per household for upcoming Agreement Year ::
Currenl Rate per household X 70% of CPI [see descliptionfor CPI
in Section 27] + currenl Rate per household
Hvoothelical Example
New Rate for single family residential Customers :: $100 X (70%
of 2.2851%) + $100.00 = $101,59
8, Commercial Rates
1. Effective October 1. 2005, the Commercial Collection Rate [See Exhibit I (A)] shall be
adjusted to reflect 100% of the change in the CPI, pursuant to the provisions of the
County's Solid Waste Collection Service Agreement (dated September 11, 1990), as
amended, with the Contrat:tor.
Initial Rate per container per frequency of Collection =
Inilial Rate per container per frequency of Collection X 100% of
CPI [see description for CPI in Section 27J + initial Rate per
container per frequency of Collection
Hvpothetical Example
4 yard container collected twice per week '" $140.00 X (100% of
2.2851%) + $140.00 = $143.20
lof2
Packet Page -1188-
3/22/2011 Item 16.E.2.
2, Adjustments to Commercial Collection Rate after first Agreement Year
New Rate per container per frequency of Collection =
Current Rate per container per frequency of Collection X 70% of
CPt [see description for CPI in Section 27] + current Rate per
container per frequency of Collection
Hvpothetical Example
4 yard container coUected twice per week = $150.00 X (70% of
2.2851%) + $150.00 = $152.40
3. Commercial Disposai Rate [To be established annually pursuant to Collier County
Ordinance No. 84-31]
4, Conversion Factors
(a) Uncompacted Garbage and Rubbish: 0.055 tons per cubic yard or 1
cubic yard = 110 Ibs.
(b) Compacted Garbage and RubbIsh: 0.1725 tons per cubic yard or
1 cubic yard = 345 Ibs.
(c) One month = 4.33 weeks
5 Adjustment to commercial disposal Rate after a change in the Tipping
Fee
New monthly disposal Rate for each container size per
frequency of Collection = Size (per cubic yard) of container X
frequency of Collection per week X 4.33 (I.e.. weeks in a month) X
new Tipping Fee
Hvpothetical Example
The new monthly disposal Rate for a 4 yard container
(uncompacted) collected lwlce per week = 0.055 tons per cubiC
yard X 4 cubic yards X 2 collections per week X 4.33 weeks per
monlh X $35.00 = $66.68
2 of 2
Packet Page -1189-
3/22/2011 Item 16.E.2.
EXHIBIT U1(A)
SERVICE AREA LEGAL DESCRIPTION
SOUD WASTE SE.RVlCE DISTRICT I
Beginning at the intersection oflhe North line of Section 6, Township 48 Soutb, Range 25 East
also known as the Lee.CoUier county line aod the eastern shoreline of the Gulf ofMeXieo;
tbence easterly along said Lee-Collier county line to the northeast comer of Section 12,
Township 48 South, Range 26 East; thence north along the easllinc orRange 26 East, Tov.nship
48 South to the northwest corner orSection 6, Township 48 South. Range 27 East. thence east
along the north line of Sections 6, 5, 4, 3, 2 aod 1 of TO.....1lShip 47 South, Range 27 Eastto the
northwest comer of Section 1, Township 48 South, Range 27 East; thence north along the range
line of Ranges 27 and 28 East to the northwest comer of Section 30, Township 47 South, Range
28 East, also known as the center line of lmmokalce Road (CR 846); thence east along the north
section lines of Sections 30, 29, 28, 27. 26 and 25 of Township 47 South, Range 28 Ea.<;t to the
northeast comer of Section 25, Town.~hip 47 South, Range 28 East; thence south along the range
line for Ranges 28 and 29 East to the northeasl ,.uml.,T ofT ownship 49 South llud Range 28 East;
thence east along the township tine for TOI/ITIships 48 and 49 South 10 the northeast corner of
Township 49 South and Range 3D FA'l.~t; thence ~OUtll along the range line for Ranges 30 and 31
East to the northeast COUllo. of Township 52 South ami Range 30 East; thence cast along tiw
township line for Townships 5 J llnd 52 South 10 the northeast eomer ofTov.'tlship 52 South and
Range 31 East; thence south along the range line for Ranges 31 and 32 East 10 the northeast
comer of Township 53 South and Range 31 East; thence east along the township line of
Townships 52 llnd 53 Soutlllo tile northeast comer ofTo1.\'Uship 53 Soulh and Range 34 East,
also being known as the Collier-Miami-Dade cOllmv line: thence ~outh along said county line to
.... ." ..... .'
the soutileast comer or Section 36. Township 53 South. Rang!;; 34 East. also being known <IS tile
Cullier-Monroe county line: thence we!>! along said county line to the eastern shoreline of the
GulJofMexico; thence westerly and northerly alung the waters urIbe GulfofM<.,'Xico to the
Lee.Collier county line being the north line of Section 6. Tnl/v'11ship 48 South, Range 25 Ea.~t and
being the Point of Beginning. Less and except all the lands located within the corporate limits
of the City of Naplcs and EVlo"l'gJades City. Also. less and exccpl those barriL"T islands as
described in Ordinance No, 9(l.30. as amended,
10f 1
Packet Page -1190.
3/22/2011 Item 16.E.2.
EXHIBIT 11I(8)
SERVICE AREA LEGAL DESCRIPTION
SOUD WASTE SERVICE DISTRICT II
Beginning at the northwest comer of Township 47 South. Range 27 Easl, Collier County,
Florida: thence eal>t along the Collier-Lee county line also the township line to the northeast
comer ofTOII\11Ship 47 South. Range 27 East; thence north along the Collil:r-Lcc COUllty line also
the rnnge line to the northwest l'omer of T ownshi p 46 South, Range 28 East; thence east along
the Collier-Hendry county line also the township line for Townships 45 and 46 South LO the
northeast comer of Township 46 South. Range 30 East; thence south along the Collier-Hendry
cOllin)' line also the range line of Ranges 30 and 31 EasllO the southeast COrnl.T ofTowtlship 48
South, Range 30 East; thence west along the township Iim: for TO\\'I1ships 48 and 49 South to the
southwest corner ofTownsltip 48 SOUlh, Range 29 East; thence north aloIlg l<lllge line for
Ranges 28 and 29 East 10 the southWl.'St corner of Section 19, Township 47 South, Range 29
East also being known as the cemer line of Immokalee Road (CR 846); thence we,t along the
soutb line of Sections 24, 23, 22, 21, 20 and J 9 ofToWllSbip 47 South. Range 28 East to the
,outheast comer of Section 24. Township 47 South, RJUlgc 27 Ea.~t; thence south along the nmge
line for Ranges 27 and 28 East III th" southeast comer of Township 47 South.. Range 27 East;
thence west along tbe township line for Townships 47 and 48 South to the southwest comer of
Township 47 South and Range 27 cast; thence north along the range lines for Ranges 26 and 27
Ea~l to the northwest comer of Township 47 South, Range 27 East, heing the Point of Beginning.
1 of 1
Packet Page -1191-
3/22/2011 Item 16.E.2.
EXHtBIT IV
MAP OF SERVICE DISTRICTS I AND II
.
,"1
r f!.
c~, eou,l!l:r,y
.~- ...._"---
--
c:z:zJ -.
r:::=:J -.
Collier CaIU'tl:y. Florida
Wa_ ...,ana,......t m..rtcts
--.---....
---..-
- -...
_II............. ""'_
--......-.-..
.-....
--
_t_~
--
---
--
lof 1
Packet Page -1192-
3/22/2011 Item 16.E.2.
EXHIBIT VIA)
PERFORMANCE BOND
FOR FRANCHISE AGREEMENT
CONTRACTOR (PRINCIPAL)
COMPANY (LEGAl NAME): Immokalee Disposal Company, Inc.
PRINCIPAL BUSINESS ADDRESS:
TELEPHONE NUMBER:
SURETY
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box)
TELEPHONE NUMBER
OWNER (OBLIGEE)
NAME: Colhcr County Board of County Commi811;oners
PRINCIPAl BUSINESS ADDRESS: 3301 Tamiami Trail. Naples. Flonda 34112
TELEPHONE NUMBER: (239) 774-8Cl97
CONTRACT DETAILS
DATE EXECUTED:
AMOUNT:
GENERAL DESCRIPTION: Fn:mchise Agreement for Solid Waste, Recyclable Malenals. and Yard
Trash Collection Servic:es\
BOND
BOND NUMBER:
DATE:
AMOUNT
KNOW ALL MEN BY THESE PRESENTS:
Thai Principal, hereinafter <:ailed Contractor, and Surety, as identified above, are bouoO to the
Board of County CommiSSioners of Collier County, Florida, as Obligee. hereinafter called the County. 'n
the amount Identified above, lor the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators. successors and assigns, jointly and severally,
1 of 2
Packet Page -1193-
3/22/2011 Item 16.E.2.
WHEREAS, Contractor has by wrillen agreement enlared into a contract, identified above, with
County, which contract documents are by reference made a part hereof, and for Ihe purposes of this
Bond are hereafter referred to as the .Conlracl";
THE CONDITION OF THIS BOND is that If Contractor:
1. performs the Contract between Contractor and County, al the times and in the manner
prescribed in the Contrac.t; and
2. pays County ali losses, damages, including liquidated damages and damages caused by delay,
expenses, costs "nd "ltomeys lees Including appellate proceedings, thai County sustains as a resull of
defaull by Contractor under the Contract; and
3, perfonns the guarantee of all work and materials furnIShed under the Contract for Ihe time
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND
EFFECT.
Whenever Contractor shall be, and IS declared by Counly to be. in default under the ContraCI, and
County having perfomled County's obligations thereunder, the Surely may promplly remedy the default.
or shall promptly:
1 , complete the Contract in accordanc.e with Its terms and conditions; or
2. oblain a bid or bids for completing the Contract in accordance with its lllrms and conditions,
and upon detenmnation by Surety of the lowesl responsible bidder, or, if County elects, upon
determination by County and Surety Jointly of the lowest responsible biddcr, arrange for " contract
between such Bidder and County, and make availabJe as work progresses sufflclcnl funds, paid to
County, to pay the coSl of COmpllllton and other costs and damages for whIch the Surety may be liable
hereunder.
No right of action shall accrue on this bond to or for the use of any person of corporalJon other
than the County named heroin.
The surety hereby waives nollce of, and agrees thai any changes In or under the Contract and
compJiam:e or noncompliance with any formalities connected witI'I the Contract or the changes do nol
affect Surely's obligation under this bond.
Signed and sealed lhls__day of
.2005
CONTRACTOR (PRINCIPAL)
SIGNATURE.:
CORPORATE SEAL
PRINTED NAME AND TITLE:
SURETY
SIGNATURE:
SEAL
PRINTED NAME AND TiTlE:
ATTORNEY IN FACT
20f 2
Packet Page -1194-
3/22/2011 Item 16.E.2.
EXHIBIT VIS)
PROCEDURE FOR CALCULATING PERFORMANCE BOND REQUIREMENT
1, The annual Performance Bond due to the Counly from lhe Contractor is calculated as:
One half the annual value of the Residential Collection Service
authorized under the Agreement = Performance Bond Required
2, Sample Calculation of the Performance Bond requirement
Hypothetical 1" Year Annual Residential Collection Service Cost
Times 50%
Annual Perfonnance Bond Rtlquirement =
$6.500,000
X 50"1t,
53.250.000
1 ot 1
Packet Page -1195-
3/22/2011 Item 16.E.2.
EXHIBIT VI
MATERIALS ACCEPTANCE PROTOCOL
Steel and Tin Cans
Includes steel, tin and aerosol cans, br-metal containers. and lids composed primarily of whole
iron or steel. Paper labels are acceptable. Aerosol cans containing household hazardous waste
are not acceptable.
Aluminum
Includes aluminum beverage containers, food trays without food residue, sheets and flexible
containers.
Glass
Clear (flint), brown (amber) and green food and beverage jars and bottles. Paper labels on glass
containers are acceptable. Metal lids should be removed and Included.
PET Plastics (SPI code No.1)
Examples Include but are not limited to: Plastic soft drink, water, sports drink, beer, mouthwash,
catsup <lnd salad dressing bottles. Peanut butter. pickle, jelly and Jam jars. Ovenable prepared
food trays,
. HOPE Plastics (SPI code No.2)
Examples include but are not limited to: Milk. water, juice, cosmetic, shampoo, dish and laundry
detergent bottles, yogurt and margarine tubs, grocery. trash and retail bags, Motor oil bollles are
not acceptable.
V Plastics (SPI code No.3)
Examples Include but are not limited to: PVC products such as clear food and non-lood
packaging.
LOPE Plastics (SPl code No.4)
Examples include but are not limited to: Dry cleaning, bread and frozen food bags. squeezable
bottles (e.g., honey. mustard).
PP Ptastics (SPl code No. 5)
Examples include but are not limited to: Catsup bottles. yogurt containers. margarine tubs, and
medicine bottles,
PS Plastics (SPI code No.6)
Examples include but are not limited to: Compact disc jackets, food service applications.
grocery store meat trays, egg cartons, aspirin bollles, cups, plates, and cutlery,
Other Plastics (SPI Code No.7)
Examples include bul are not limited 10: Three and five gallon reusable water bottles, some
citrus juice and catsup bottles.
1 of 2
Packet Page -1196-
3/22/2011 Item 16.E.2.
Preparation of plastics, glass and metal oontainers: Remove organiCS. other contents and
plastic caps, but the inclusion of organics, caps. rings, and labels will nol be reason for rejection
of Program Recyclables.
Paper Recyclables
Paper Recyclables consist of the following materials, commingled together, except aged,
yellowed, or sunburned paper or water saturated paper.
ONP
All loose or bagged newsprint is acceptable, including all paper which is distributed with or as
part of general circulation newspapers.
OCC
AlII.oose or bagged old corrugated cardboard conlainers thai are flattened and either cut down
or folded to size, no more than 3 feet by 3 feel. Slapies and tape with water-soluble glues do not
have to be removed. Wax-coated corrugated cardboard is not acceptable.
Paper Bags
All loose or bagged paper sacks. May be used to hold mixed paper.
Chipboard/Fiberboard/Paperboard
All product packaging materials. such as cereal boxes, packaged food boxes, shoe boxes, and
small manufactured item packagIng.
Telephone Books
Old telephone directories.
Magazines
Old magazines, including small catalogs and similar printed material with glossy pages.
Mixed Paper
Mixed paper, induding shredded paper, including but nolllmited to the following: Junk mail: high-
grade paper: white and colored ledger; copier paper: office paper; laser printer paper:compuler
paper. including continuous-fomled perforated white bond or green bar paper: book paper:
colton fiber content paper; duplicator paper; fonn bond; manifold business fonns: mimeo paper:
note pad paper (no backing); loose leaf fillers; stationery: writing paper; paper envelopes;
carbonless (NCR) paper: tabulating cards; facsimile paper; and manila folders
Paper with metallic, carbon. ammonia or non-soluble glue is not acceptable.
2 of 2
Packet Page -1197-
3/22/2011 Item 16.E.2.
EXHIBIT VII
MONTHLY RESIDENTIAL COLLECTION TONNAGE
Provided below ll", the average tonnages per month of residential solid waste, yard
waste, u",s, and white goods collected in Service District I and Service District U.
Tonnages are an average of 4 fiscal years (FY2000101. 2001/02,2002/03, and
2003/04.
Service District I
Month Solid Waste I Yard Trash Tires Each White Goods
, Tonnage Tonnage Tonnage
- -
October I 6,905 '" i 2741 108
6,9591 ,,- 217 i -,-
November 108
866
December 7,541 j 'I 272
6171 107
.,_.,
January I 8,0621 799 289 125
! "._.."-,-~. -.
, February ~ 7.050 I 158 290 I 119
, ~.~.
I March 7,930 ! I .h
962 415 i 128
L_____ I ,
--",,,...-..
jAPrtl l 1,070 I ,
7,731 1__" 390 116
1.0151 361 119
May 1.621
-.
June
J
I
7.0691
7,328
7.363
6,9631
8941
9581
1,078 I
I
1.039,
..L
3231 1.10.1
363[' ~
235_,~
24~- 109 i
JUly
August
September
District II
Month
I . Solid Waste I I
I Tonnage
57sT
580 !
Yard Trash
Tonnage
White Goods
Tonnage
I
--~
,
I
i
I
i
371
261
;
Tires Each I
..,J
3501
260 L_".
October
-
November
1 of 2
Packet Page -1198-
I December I 6921 18 352 25 j
i
I Janu~ry 5991 24 400 i 31
5371 --
February " 28 304 25
I ,
I March 6971 33 ~ 27
, _. I
April 716 31 390 I 23
May
I
I
I
I
1
I
I
-j
,
I
June
j
774j
700 !
I
643 I
I
631 I
6081
i
I
i July
I
I August
I September
"--^"-
2of2
Packet Page -1199-
I
.--~I
321
I
32 ]
I
29 !
!
I
2541
I
43;1
301 I
247 [
,
332 I
J
351
3/22/2011 Item 16.E.2.
~
:~
~
~
3/22/2011 Item 16.E.2.
EXHIBIT VIII
COWER COUNTY VISION. MISSION, AND VALUES
1. Vision Statement: To successfully develop a fully integrated, customer focused,
strategicany aligned objective organization through comprehensive resource
optimization with the goal to provide the best value service possible.
2. Mission Statement: For our Collier County Public Utilities customers _ Provide
effective, efficient, responsive, reliable and high-quality utility services that exceed
eXFl.ectations.
2.a Priorities:
Stay in regulatory compliance - always.
Meet the demand with reliability.
Take care of our customers.
Build the team.
3. Collier County Public Utilities Business Basics:
a) We are a 100% reimbursable. project funded enterprise organi7..atlon. Our satanes are
paid directly by our customers. No Cuslomers = No Work = No Job,
b) Safety is non-negotiable
c) We will not compromiSe quality. What we do, we will do well,
d) Teamwork is essential In all we do.
e) UliIizing active listening. we will always seek first to understand the cuslomer's needs
and Concems, and then aggressively seek a solution.
1 of 1
Packet Page -1200-
ASSIGNMENT AND ASSUMPTION AGREEMENT
3/22/2011 Item 16.E.2.
./'
This AGREEMENT made and entered into this to{ day of, Vile.., 2007, by and between
Immokalee Disposal Company, Inc, ("Immokalee") and Choice Environmental Services of Collier, Inc,
("Choice"),
WHEREAS, Immokalee has entered into and is the holder of a certain franchise agreement
issued by the County of Collier, Florida for the collection and disposal of solid waste in Collier County ,
Florida (the "Agreement"), and
WHEREAS, as part of the sale of certain assets pursuant to a certain Asset Purchase
Agreement dated March 13, 2007 between Immokalee and Choice, Immokalee and Choice are
desirous of Immokalee assigning all of its right, title and interest in and to the AgreemenUo Choice and
subject to the approval of said assignment by the Board of County Commissioners, Collier County,
Florida. Choice is to assume all of lmmokalee's duties and obligations relating to future performance of
the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, for other good and valuable consideration, the receipt of which is hereby acknowledged, and
intending to be legally bound, the parties hereto agree as follows:
1, Immokalee hereby assigns and transfers to Choice all of its rights, title and interest in and to
the Agreement.
2, Choice hereby assumes all duties and obligations of Immokalee relating to future
performance under the Agreement and agrees to discharge and perform such duties and obligations.
3, This Assignment and Assumption Agreement shall be binding upon the parties, and their
respective heirs, successors and assigns,
4. Immokalee and Choice understand and acknowledge that the assignment contemplated
by this Assignment and Assumption Agreement is of no force and effect unless and until the
assignment of the Agreement is approved and authorized by the Board of County Commissioners,
Collier County, Florida,
IN WITNESS WHEREOF, This Assignment and Assumption Agreement has been executed as
of the date and year first written above,
{;/1Jl ~JJJL
IMMOKALEE DISPOSAL COMPANY, INC,
~ (//107'/
Tille: Pre. 5
CHOICE ENVIRONMENTAL SERVICES OF
COLLIER, C
Witness
~C\.~V\iIl .1.hI.Mf)
Witness
1
Packet Page -1201-