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Agenda 12/13/2011 Item #16C 5
12/13/2011 #tem 16.C.5. �_L Recommendation to approve a Settlement Agreement between the Florida Department of Environmental Protection and the Board of County Coanmibaioaers to receive a $61,693.96 payment under a contract for the disposal of reclaimed waste from the Ulm of Capri Park Prejeet. U DIVE: That the Board of County Commissioners (Board) approves a Settlement Agreement with the Florida Department of Environmental Protection (FDEP) for the county to receive a $61,693.96 payment from FDEP under a contract for the disposal of reclaimed waste firm the Isles of Capri Park Project. CONSIDERATIONS: The Rookery Bay National Estuarine Research Reserve (RBNERR ), manned by the FDEP, is constructing a new public access site on Mcilvane Bay at the corner of Collier and Capri Boulevards. The new facility will be named the Isles of Capri Park. To proceed with the construction of the Ides of Capri Par4 FDEP required a contract with the county that specified terms for the county to accept waste material excavated from the park prged at the Collier County LaMM] (Landfill}, at a specified price. The contract was approved by the Board on June 14, 2411, Agenda item No. 16C3. Prior to the effedive date of the contract, reclaimed waste from the Isles of Capri Park Projed was disposed of at the Landfill. Collier County invoiced FDEP $61, 693.96 for the disposal under the teams of the contract. Shortly theroafter, FDEP notified the county that the Chief Finandal (doer of the State of n Florida required a Settlement Agrees for services rendered before the contract was effective. The required Settlement Agreement is attached for Board consideration. The contract will expire on December 14, 201 L It is not necessary to renew the Agreement because the FDEP has completed its reclamation project. MWAI, IIVIP�,CTs The County will receive $61, 693.96 in earned revenue in the Solid Waste Disposal fund (470) for the disposal of waste fiVM the Isles of Capri Park project disposed of at the Landfill. GROWTH MANAGEMUfr ACT: There is no impact to the County's Growth Management Plan associated with this executive summary. LLGAL CONS WERATiONS: This item is legally sufficient and requires a majority vote for Board action. JBW RECO=NDATION: Approve a Settlement Agreement between the Florida Department , of Enmonmental Protection and the Collier County Board of County Commissioners to receive a $61, 693.96 payment under a contract for the disposal of reclaimed waste firm the Isles of Capri Park Project. PREPARED BY: Beth Ryan, Operations Manager, Solid waste Managemart Department Packet Page -1916- 12/13/2011 Item 16.C.5. �-. COLLIER COUNTY Board of County Commissioners Item Number: 16.C.5. Item Summary: Recommendation to approve a Settlement Agreement between the Florida Department of Environmental Protection and the Board of County Commissioners to receive a $61,693.96 payment under a contract for the disposal of reclaimed waste from the Isles of Capri Park Project. Meeting Date: 12/13/2011 Prepared By Name: beth ryan Title: Manager - Solid Waste Operations, Solid Waste 11/9/2011 7:50:17 AM Submitted by Title: Manager - Solid Waste Operations, Solid Waste Name: beth ryan 11/9/20117:50:18 AM Approved By Name: HapkeMargie Title: VALUE MISSING Date: 11/14/2011 1:22:00 PM Name: Linda Best Title: Manager - Environmental Compliance, Solid Waste Date: 11/17/2011 1:29:17 PM Name: RodriguezDan Title: Director - Solid Waste,Solid Waste Date: 11/19/2011 10:04:28 AM Name: CummingsRhonda Title: Contracts Specialist,Purchasing & General Services Date: 11/21/2011 9:21:33 AM Packet Page -1917- 12/13/2011 Item 16.C.5. Name: CarnellSteve Title: Director - Purchasing/General Services,Purchasing Date: 11/21/2011 11:18:04 AM Name: WhiteJennifer Title: Assistant County Attorney,County Attorney Date: 11/22/20119:45:30 AM Name: YilmazGeorge Title: Director - Wastewater,Wastewater Date: 11/27/20119:20:36 AM Name: GreenwaldRandy Title: Management/Budget Analyst,Office of Management & B Date: 11/28/2011 11:22:30 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/28/20114:14:42 PM Name: SheffieldMichael Title: Manager- Business Operations, CMO Date: 11/29/20112:39:50 PM Packet Page -1918- 12/13/2011 Item 16.C.5. 6/14/2011 Item 16.C.3. EXECUTIVE SUMMARY Recommendation to approve a contract between the Florida Department of Environmental Protection and the Collier County Board of Countv Commissioners for the disposal of reclaimed waste from the Isles of Capri Park Project. The waste will be disposed of at the Collier County Landfill on a fee schedule basis of $50.58 per ton for residential municipal solid waste, as defined in the FY 2011 Rate Resolution, in an amount not to exceed $100,000.00. OBJECTIVE: That the Board of County Commissioners (Board) approve a contract between the Board and the Florida Department of Environmental Protection (FDEP) for the disposal of reclaimed waste from the Isles of Capri Park Project. The waste will be disposed of at the Collier County Landfill on a fee schedule basis of $50.58 per ton for residential municipal solid waste, as defined in the 17Y 2011 Rate Resolution, in an amount not to exceed $100.000.00. CONSIDERATIONS: The Rookery Bay National Estuarine Research Reserve (RBNERR), managed by the FDEP, is constructing a new public access site, designed exclusively for launching canoes and kayaks, on Mcilvane Bay at the corner of Collier and Capri Boulevards. The new facility will be called the Isles of Capri Park, and represents the county's only exclusive paddle craft launch site. Originally the site contained a prehistoric shell mound, which was later utilized as a source for fill material during the construction of SR951 (Collier Boulevard) and Capri Boulevard. The site was later used as a dump site for household trash. In 2008, RBNERR initiated excavation of a portion of the site to construct a tidal flushing channel. Contractors encountered the buried trash and FDEP's District Regulatory office was contacted to assess the material. FDEP regulatory staff classified the trash as non- hazardous, mixed household waste, and advised RRNERR to sequester the material onsite pending future removal to a landfill. RBNERR has successfully completed all engineering designs for the site, and obtained all required approvals from local, state, and federal agencies for the project and the site. The trash piles are ready to be sorted and the waste hauled to the landfill. To proceed with construction of this project, DEP requires a contract with the county that specifies the tennis of the agreement for the county to accept the waste material at the landfill at a specified price. Transporting the reclaimed waste to the Collier County Landfill will provide a convenient, cost effective and a timely method of disposal for this waste material, thereby keeping the park project on schedule for completion. Benefits to the residents of the state and Collier County include: The Isles of Capri Park will serve as the county's first public launch site designed exclusively for paddle craft, including kayaks, paddle boards and canoes. The use of paddle craft in Collier i County coastal waters by local residents and visitors has been increasing rapidly in the last ten years, and there is a growing need to meet this increasing public use. The new Isles of Capri Park will include public restroom facilities that will also be available to users of the Collier County boat ramp, located directly across Collier Boulevard. Lack of restroom facilities at the boat ramp has been a concern among boaters. i i Packet Page -1468- Packet Page -1919- 12/13/2011 Item 16.C.5. 6114/2011 Item 16.C.3. > The new park will include two, 576 square foot pavilions for use by families, picnickers, school groups and summer recreation programs. The park will also serve as an important interpretive site where visitors can learn about the value of protecting some of Collier County's irreplaceable natural treasures. FISCAL IMPACT: Y The reclaimed waste will be accepted at the Collier County Landfill at a fee schedule of $50.58 per ton for municipal solid waste, as defined in the F1' 2011 Rate Resolution, in an amount not to exceed $100,000.00 A When the project is complete, the state and National Oceanic and Atmospheric Administration total investment of approximately $4.2 million in this property will be made available to Collier County. The park will be subleased to Collier County's Parks and Recreation Department to be managed within the net,,vork of county parks. Eco- tourism is a growing and is a significant economic engine for Collier County, an investment in access sites specifically tailored to meet this need will bring significant returns to the local economy. GROWTH MANAGEMENT IMPACT: This project is compliant with the county's Growth Management Plan, and will help the county meet comprehensive land use requirements for public access. LEGAL CONSIDERATIONS: This item is legally sufficient and requires a majority vote for Board action. JBW RECOMMENDATION: Approve a contract between the Board of County Commissioners and the Florida Department of Enviromnental Protection for the disposal of reclaimed waste from the Isles of Capri Park Project. The waste will be disposed of at the Collier County Landfill on a fee schedule basis of $:50.58 per ton for residential municipal solid waste, as defined in the FY 2011 Rate Resolution, in an amount not to exceed $100.000.00. PREPARED BY: Beth Ryan, Operations Manager, Solid Waste Management Department Packet Page -1469 - Packet Page -1920- 12/13/2011 Item 16.C.5. �1 SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into day of by and between the Department of Environmental Protection, an agency of the State, (hereinafter "Department "), 3100 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and the Collier County Board of County Commissioners, 3339 Tamanii. Trail, Suits 302 Naples, Florida 3411, (hereinafter "CONTRACTOR "). WiTNESSETH: WHEREAS, pursuant to Section 287.058(1), F.S., a procurement of contractual services in exdess of $3.5,000 is required to be evidenced by a written agreement effbody ng all provisibAs aid conditions of the pro.curement of s.tzch s:ervice$, 1'hd1UdA.Z4 bilt 40t limited to subsections (a); (bj, (c), (d), and (e), and Wj&AZAS, pursuant to Section 287. 058 (2) , F. S . , except in cases involving a valid emergency; said written agreement is required to be signed by loath the a.geticy head and the contractor pri..o.r to the. to dotity of services., 4n WNEi S, pursuant to Sedtx, ©.t 2-87.,08$(2), V. s . , if the aqreej46jjt is hot signed by bath partied, acid if a valid emergency dae.s not exist, the agendy head is regiii•red no. later than. thirty (30) days after the c0htraotor begins retde.risig the service to certify the specific conditions and circumstances, as well as describe actions taken-to avoid the recurrence of the noncompliance, and WHEREAS, contractual services described in the invoice between the Contractor and the Department attached as Exhibit A have been rendered without a fully executed contract authorizing the work, and the agency head has not within the prescribed thirty (30) day period either certified a valid emergency, or in the absence of a valid emergency, n Packet Page -1921- 12/13/2011 item 16.C.5. certified the specific conditions and circumstances which caused the n noncompliance, and WHEREAS, the Chief Financial o.fficer'of the State of Florida (Comptroller Memorandum No.. 4 (87/88) requires a settlement agreement be executed for services rendered without a written agreement, within the prescribed thirty (30) day period and in accordance with statutory requirements, and WHEREAS, the Contractor has a claim for payment for the said services, and the Department desires to settle and discharge such claim, and WRE9FFA -S the Co.n�tractor agrees to be bound by the terms and cQnd t:ions Set forth in Px- hjbit Be attached hereto amid inebzporated by re.fereaee herein, in the perfbrmance of the work subject of this settleineht agreement. NOW, THERHFbRB, in consideration of the mutual covenants sett forth herein, the parties agree as f0:1.I0W6: a: The pop:artmont ag4,evs to pray to tie Gont:ract r the s.tiiri of _. q ty one thR sand Sic hundred s riar� ty three_ Dollars acid ... _niasety..six Grits, ($61653.56)., covering the period of service fzom May; 27, 2011, through 011ne_1D�., 2-011_, payable by State of Florida warrant, to be paid to the Contractor. b. tlpon receipt of payment, as provided in paragraph (a) , the contractor, for its attorneys, Heirs, executors or administrators, does hereby fully, finally and forever release and discharge the State of Florida, Department of Environmental Protection, and its agents, representatives, and attorneys, of and from all claims, demands, actions, causes of action, suits, damages, losses and expenses, of any and every nature whatsoever, arising out of or in any way related to Packet Page -1922- 10"N' 12/13/2011 Item 16.C.5. the specific claim identified in Paragraph (a) including, but not limited to, those claims asserted or other claims that were or maybe asserted in any federal, state or local agency or court, by or on behalf of the contractor. c. This Agreement shall be binding on and inure to the benefit of the parties and their respective legal representatives, successors, and assigns. d. The Contractor agrees to be hound by the terms and conditions set forth in Exhibit 8y attached hereto and incorporated by reference herein, for performance of the work i4hich is subject of this settlement agteemt.tit. 61 up" the e":Outiab of this Agremont, the. tg-vifts he.teundet shall btibome. effe.<.t I `ve drily Upon the suhse�-.,ent ap thereof by the Chief Pinan.cial Officet of the State of Florida, pursua.fit to Section 17,03, Florida 5t4tutes. IN WI TV S 942' OF" the pattles have axecttc-d this altlEjeeineat this daY of By: Title: Date: Approved as to form and legality: DEPARTMENT hTTORNEY DEPARTMENT OF ENVIRONMENTAL PROTECTION By Date: CONTRACTOR SIGNATURE PAGE TO FOLLOW Packet Page -1923- ATTEST: DWIGHT E. BROCK, CLERK By: DEPUTY CLERK Appraval for fcr= and legal Sufficiency: Vv Jennifer i ih -J.te Assistant County Attorney 12/13/2011 Item 16.C.5. BOARD OF COUNTY COWISSIONERS OF COLLIER COUNTY, FLORIDA By FRED W. COYLE, CHAIRMAN Settlement Agreement between Department of Environmental Protection and Collier"', County Board of County Commissioners regarding June 14, 2011 Contract Packet Page -1924- r r EXH .TB I T A (support.inq Packet Page -1925- 12/13/2011 Item 16.C.5. 12/13/2011 Item 16.C.5. D F%OL�.iC 31' jSAY �r�.TAI- ... .. ..... 1s9 ir4v ©lie G[atixi i>ytajs. 9.90 1za9 1n 5918 §� Pase Packet Page -1927- 613/1,1 10:58: AM 5389562 3164 606 H ROOKERY BAY RESI M$71Y 18:210 In 60.59 $971.64 6WI1 16:58: AM Si69S63 3163 SW H ROOKERY SAY REST MSW ',7.720 M SDAS $89629 613111 12:42; PM 5389615 3164 506 H ROOKERY BAY REST M$1N 19.260 M 50 58 $97-4.17 6/5711 12:43: PM 5389516 3163. 506 H: ROOKERY SAY RESI M$W 18.590 M 5058 S9?t0 28 9/3/11 2:16;. P.M 5389673 3164 506 H ROOKERY BAY RE$1 MSW 19.520 to 5058 5987.32 6/31i 1 2'16: PM 5389674 3163 506 H ROOKERY SAY REST 4SW 18:810 trf 6058 1e50.26 W M4 3:59: PM 5389725 31.64 SOO H ROOKERY BAY REST m$w 18:426 M 50.58 596226 813111 490: PM 5388726 3163p, SK H ROOKERY BAY RESI.fASW 19.390 to SO58 5960,75 616M 1 8102: AM 5389916 3153 505 H ROOKERY BAY RESM MSW 17.010 M 5P?9 5860.37 6*1 6:03; AM 53.89819 3163 506, H ROOKERY BAY RESlJASW 18.090 In 5056 $914.99. 6/W71 9:45: AM 6369955 3164 SW H RQQK£RY BAY 9ESl. M9w 1.8;280 in 5058 $925.11 618117 9.47: AM 5989856 3163 SOS. H ROOKERY BAY RESI AASW 18290 t 58,59 $915:69 6/6111 11 :21 AM 5390011 3163 5.06; H ROOKERY BAY R01,141SW 18.030 to 60 58 6911:96 6/611.1 11:23: AM 5390012 3164 506 H ROOKERY SAY AE$j MOW 18 $20 to 50'.58 $94¢.88 6! lbl11 7<48; AM 5390815 3164 SW H ROOKERY BAY pte MS1fil 21:116 >n 50 66 $1 087.74 611611.1 7:48,'' AAA , 5390616 9163 606 H ROOKERY BAY R65j MSw 81.520 50.58 $1.088:48 090111 8 :25;' OM 6990650 9760 50¢. H ROKiKfRY'BAYRESl.MS11V 20,8?ll] 1n 5058 $1,05a,o9 8M 6/11 9:25; APIA 5994851 3163 506 H, RDOKlz{;Y BAY R£S1.MSW 21.+MSQ 1n' 50.48 11,0.94,84 Elia11 i6!w. jkv 53917900 3'164 606 14 RnO KEW BAY RESt MSVV 19:350 in 50..1.+8. $993,67 6770111 1056; AAA Ma D90.1 3963 560 H RbLJ1s Ej 5 BAY R.W MSV1/ 18 60 >n 50.68 $994+Ap 6110111 i2;s5;pm 6396944 M04. 506: K ROO"RY $i�Y R)r$I. 198:0 to 50',58 $993.39 619W941236;P -#rI 5994845 3143 SP6.HRC3DKE1i°v'$A'�RESIUISW 18Si0 to 64r?S $100351 611014 i 205:; P!]il S390998 3164 566. 14 Rod*w oY RESt 8119191 von RM 3380999 3463 #11 S0¢ HRQ0KERYBAYjft_ SW 19 759. M 60 58 $999 j3h QA#g1 3 6P, PjJI 5589050 3$.6+1. 506; ,k, i 1`'19AY 1 51.lp W 21,1 ti 51$58 $1076;x7 Wilaith a'144,45U 5391051 3963. 906 liRi9c]MCEI4YSAA' +1iE51_f71,S)p? 2q7¢€► fi. 01 157 D F%OL�.iC 31' jSAY �r�.TAI- ... .. ..... 1s9 ir4v ©lie G[atixi i>ytajs. 9.90 1za9 1n 5918 §� Pase Packet Page -1927- C, EXHIBIT B (Nroe.nO o .6 rimers, - ot -) ,, ...,.ers, C . Packet Page -1928- 12/13/2011 Item 16.C.5. m ■ FS ¢ _ .� \ j (� � - k�: � CJ �2 Kw § >. \ \: ( - { \ - i' 1 CUI.'" 1 QbG 12/13/2011 Item 16.C.5. M C, m_.<,. I c1. if as Q C C11 M O_ C2 O t'Y In a �u 0 12/13/2011 Item 16.C.5. 16C3 DEP Contract No. RM112 CONTRACT THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 (hereinafter referred to as the "Department") and COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS, a governmental entity, whose address is, 3301 Tamiami Trail East, Naples, Florida 34112 (hereinafter referred to as the "Contractor"), a governmental entity, for the disposal of reclaimed waste from the Isle of Capri Park project site. In consideration of the mutual benefits to be derived herefrom, the Department and Contractor do hereby agree as follows: The Department does hereby retain the Contractor for the disposal of reclaimed waste from the Isle of Capri Park project site as defined herein and the Contractor does hereby agree to perform such services upon the terms and conditions set forth in this Contract, Attachment A (Scope of Services), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. The Contractor has been determined to be a vendor to the Department under this Contract. 2. The Contractor shall perform the services in a proper and satisfactory manner as determined by the Department. Any and all equipment, products or materials necessary to perform this Contract shall be supplied by the Contractor, unless otherwise specified herein. 3. The Contractor shall perform as an independent contractor and not as an agent, representative, or employee of the Department. 4. This Contract shall begin upon execution by both parties and remain in effect for a period of six (6) months, inclusive. In accordance with Section 287.058(2), Florida Statutes, the Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this Contract. This Contract may be renewed for an additional term not to exceed the original Contract period or three (3) years, whichever is longer. Renewal of this Contract shall be in writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds. 5. A. As consideration for the services rendered by the Contractor under the terms of this Contract, the Department shall pay the Contractor on a fee schedule basis for the waste transported to the Collier County Landfill by the Department's construction contractor as set forth in the Rate Resolution, attached hereto and made a part hereof as Attachment B. The current rate is $50.58 per ton. Travel expenses are not authorized under the terms of this Contract. Maximum compensation under this Contract shall not exceed $100,000.00. The Department reserves the right to increase the maximum compensation amount of this Contract in the event that the amount of waste to be disposed of is greater than originally anticipated. B. The Contractor shall submit invoices on a monthly basis. All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre-audit and post -audit thereof. The final invoice must be submitted no later than thirty (30) days after the completion date of the Contract in order to assure the availability of funding. DEP Contract No. RM112, Page 1 of 6 Packet Page -1931- 12/13/2011 Item 16.C.5. 16C3 6. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. Pursuant to Section 215.422, Florida Statutes, the Department's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the Department must submit a request for payment to the Florida Department of Financial Services within twenty (20) days; and the Department of Financial Services is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice has been received. Invoices which have to be returned to a contractor for correction(s) will result in a delay in the payment. A Vendor Ombudsman has been established within the Florida Department of Financial Services who may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850 - 413 -5516. 8. In accordance with Section 215.422, Florida Statutes, the Department shall pay the Contractor, interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes may be obtained by calling the Department of Financial Services, Vendor Ombudsman at the telephone number provided above or the Department's Procurement Section at 850 - 245 -2361. 9. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 10. The Department may terminate this Contract at any time in the event of the failure of the Contractor to fulfill any of its obligations under this Contract. Prior to termination, the Department shall provide ten (10) calendar days written notice of its intent to terminate and shall provide the Contractor an opportunity to consult with the Department regarding the reason(s) for termination. The parties hereto may terminate this Contract for convenience as evidenced by formal amendment which clearly describes the basis for the termination. In the event that the Contract is terminated for convenience, the Contractor shall be paid for work satisfactorily completed and irrevocable commitments made. Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph 11. 11. Any and all notices shall be delivered to the parties at the following addresses: Contractor Collier County Board of County Commissioners Solid Waste Management Department Attn: Dan Rodriguez 3339 Tamiami Trail East, Suite 302 Naples, Florida 34112 Department Rookery Bay National Estuarine Research Reserve Attn: Donna Pace 300 Tower Road Naples, Florida 34113 DEP Contract No. RM112, Page 2 of 6 Packet Page -1932- 12/13/2011 Item 16.C.5. 16C3 12. The Departments Contract Manager is Donna Pace, phone 239 -417 -6310. The Contractor's Contract Manager is Dan Rodriguez, phone 239 - 252 -2508. All matters shall be directed to the appropriate Contract Manager for action or disposition. 13. This Contract may be unilaterally canceled by the Department for refusal by the Contractor to allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Contract, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 14. The Contractor shall maintain books, records and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Contract and for five years following Contract completion. In the event any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 15. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Contractor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Contract. 16. The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 17. This Contract has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Contract. Any action brought by the Contactor against the Department hereon or in connection herewith shall be brought in Leon County, Florida. Any action brought by the Department against the Contractor hereon or in connection herewith shall be brought in Collier County, Florida. 18. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 19. The Contractor recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Contract. 20. This Contract is neither intended nor shall it be construed to grant any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto. 21. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Contract. DEP Contract No. RM112, Page 3 of 6 Packet Page -1933- 12/13/2011 Item 16.C.5. 16C3 B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850487 -0915. 22. This Contract is an exclusive contract for services and may not be assigned in whole or in part without the written approval of the Department. 23. The Contractor shall not subcontract, assign, or transfer any work under this Contract. 24. To the extent required by law, the Contractor will be self - insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the worts of this project and, in case any work is subcontracted, the Contractor shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Contractor. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 25. The Contractor warrants and represents that it is self- funded for liability insurance, appropriate and allowable under Florida law, and that such self - insurance offers protection applicable to the Contractor's officers, employees, servants and agents while acting within the scope of their employment with the Contractor. 26. The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Contract (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or time shall require formal amendment to this Contract. 27. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 28. All tracings, plans, specifications, maps, computer files and or reports prepared or obtained under this Contract, as well as data collected, together with summaries and charts derived therefrom, shall be considered works made for hire and shall become the property of the Department upon completion or termination of this Contract, without restriction or limitation on their use and shall be made available, upon request, to the Department at any time during the performance of such services and /or upon completion or termination of this Contract. The Contractor shall provide the Department with all appropriate source code DEP Contract No. RM112, Page 4 of 6 Packet Page -1934- 12/13/2011 Item 16.C.5. 1603 for use. Upon delivery to the Department of said documents(s), the Department shall become the custodian thereof in accordance with Chapter 119, Florida Statutes. 29. The Contractor shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Contract. The Contractor acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Contractor further agrees to include this provision in all subcontracts issued as a result of this Contract. 30. The Contractor agrees that it will enroll and participate in the federal E -Verify Program for Employment Verification under the terms provided in the "Memorandum of Understanding' governing the program. The Contractor further agrees to provide to the Department, within thirty (30) days of the effective date of this C, documentation of such enrollment in the form of a copy of the E -Verify "Edit Company Profile" screen ", which contains proof of enrollment in the E -Verify Program (this page can be accessed from the "Edit Company Profile" link on the left navigation menu of the E -Verify employer's homepage). The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E- Verify program and to make such records available to the Department or other authorized state entity consistent with the terms of the Memorandum of Understanding. Compliance with the terms of this Employment Eligibility Verification provision is made an express condition of this Contract and the Department may treat a failure to comply as a material breach of the Contract. 31. The State of Florida, through the Department of Management Services, has instituted MyFioddaMarketPlace, a statewide e- procurement system. Pursuant to rule 60A- 1.032(1), Florida Administrative Code, this Contract shall be exempt from the one percent (1 %) transaction fee. 32. This Contract represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. RM112, Page 5 of 6 Packet Page -1935- 12/13/2011 Item 16.C.5. 16C3 IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last written below. COLLIER COUNTY BOARD OF FLORIDA DEPARTMENT OF COUNTY COMMISSIONERS ENVIRONMENTAL PROTECTION "—A� By: (A)' By: 'L 3;�" Title: C I+A IR- m '11`4 Director, Office of Coastal and Aquatic Managed Areas or designee — -1 61 Date: Ole— Date: Collier County Board of (::P County Commissioners , EP Contract Manager 3301 Tamiami Trail East Naples, Florida 34112 FEID No. :.59- 600055& DEP ContrAs Administ o ATTEST -- 'Et ID_ocic Approved as to form and legality; S� Cle.�ls of • ' DEP A tomey r . List o a plbf included as part of this Contract: Specify Letter/ Type Number Description (include number of paaesl Attachment A Scope of Services (1 Page) Attachment B Rate Resolution (16 Pages) IN W�smo Agenda Date Date Recd v` ---.rL REMAINDER OF PAGE INTENTIONALLY LEFT BLANK ApptoYilild Its to form & legal Sufficiency A lidint County Attorney �tNN 1 FED �• W� � T� DEP Contract No. RM112, Page 6 of 6 Packet Page -1936- ATTACHMENT A SCOPE OF SERVICES GOAL: 12/13/2011 Item 16.C.5. 16C3 Rookery Bay National Estuarine Research Reserve (Rookery Bay) is working with Collier County to reclaim putrescible waste previously excavated from the of Isle of Capri Park project site, which was used by residents of Isle of Capri and Marco, and bring that waste to the Collier County Landfill. SCOPE: The Collier County Landfill (Landfill) is located at 3750 White Lake Boulevard in Naples, Florida. The Solid Waste Management Department of Collier County is responsible for the disposal of all debris, including those materials which are considered recyclable. The operating hours of the Landfill are 7:00 am — 5:00 pm, Monday through Saturday. The Landfill has three (3) scales which are used to weight waste prior to preceding to either the disposal hill for burial or to a recycling area. The middle scale is an automated scale and is reserved for customers who have transponders placed on their vehicles. Rookery Bay shall dispose of waste collected from the project site at the Landfill during normal Landfill operating hours. Best efforts will be made to ensure that disposed material does not contain recyclable materials. Rookery Bay shall use either the first or third scale prior to proceeding to the hill for disposal. The County shall charge Rookery Bay the Board of County Commissioners approved residential municipal solid waste — Collier County Landfill fee of $50.58 per ton. Tonnage for each disposal trip made by Rookery Bay shall be logged and the County shall invoice Rookery Bay monthly for the cost for disposal of the logged tonnage for the previous month. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. RM 112, Attachment A, Page 1 of 1 Packet Page -1937- 12/13/2011 Item 16.C.5. ATTACHMENT B 16C3 RESOLUTION NO. 2010-192 RESOLUTION SUPERSEDING RESOLUTION 2009 -236 AND ESTABLISHING THE FEES, RATES AND CHARGES FOR USE OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT TO COLLIER COUNTY ORDINANCE NO. 84 - 31 WHEREAS, under the authority of Chapter 403.706, Florida Statutes, Collier County has the responsibility and power to provide for the operation of solid waste management facilities to meet the needs of all areas of the County; and WHEREAS, said statutory authority grants the Board of County Commissioners the power to prescribe, fix, establish and collect fees, rentals or other charges for the use of the established solid waste disposal system and to pledge such revenues as security for the payment of bonds issued under said statutory authority for the construction of a solid waste disposal facility; and WHEREAS, Florida Statutes, Section 125.01(k)(1) and (2) grants the Board of County Commissioners the power to provide and regulate waste collection and disposal; and WHEREAS, The Board of County Commissioners through its adoption of County Ordinance No. 84 -31 has implemented the user fee system for Solid Waste to all public and private. users. WHEREAS, these rates reflect budget guidance and provide the appropriate fees necessary to collect, process, recycle, and /or dispose of the County's wide rate of generated waste. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: Resolution No. 2009 -236 is hereby superseded in its entirety. SECTION 2: The schedule of rates, charges and fees set forth in Schedule "A ", Residential Collection and Disposal Fees; Schedule "B ", Commercial Collection and Disposal Fees; Schedule "C ", Landfill Fees; Schedule "D ", Recycling Center Fees; Schedule "E ", Rates for Supplemental Residential and Commercial Collection Service; Schedule "F ", Rate Schedule for Service District No. I, Bulk Container Rates; and, Schedule "G ", Rate Schedule for Service District No. Il. Bulk Container Rates are attached and made an integral component of this Resolution, and are approved for all users of the Collier County Solid Waste Facilities. DEP Contract No. RM112, Attachment B, Page l of 16 Packet Page -1938- 12/13/2011 Item 16.C.5. 1603 SECTION 3: The effective date of this Resolution shall be October 1, 2010. f 1!41 This Resolution adopted this iY ' day of September, 2010 after motion, second and majority vote. ATTEST:' DWIGHT ,;;¢rROCK, CLERK ,>, C� t:,,.LtJ'fY CLERK Appro�a1sta orrri and legal Sufficiency: Jenhrfer B. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 1 Fred W. Coyle, CHAIRMAN 2 DEP Contract No, RM 112, Attachment B, Page 2 of 16 Packet Page -1939- 12/13/2011 Item 16.C.5. 16C3 SCHEDULE "A" RESIDENTIAL COLLECTION AND DISPOSAL FEES Solid Waste Collection Disposal and Administrative Fees Service District Number I: (Waste Management, Inc. of Florida Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclables once weekly, and bulk items / white goods once weekly, is $173.49 for Fiscal Year 2011. Solid Waste Collection Disposal and Administrative Fees Service District Number II: (Immokalee Disposal Company, Inc. of Florida Service Area) Assessment for curbside trash collection twice weekly, collection of Program recyclables once weekly, collection of yard trash once weekly collection of yard trash once weekly and bulky items / white goods once weekly, is $165.28 for Fiscal Year 2011. .Special Request Backdoor Service: Service District Number I and Service District Number 11: $587.39 per year in addition to the annual assessment for the unit, Recycling Cart Fees: Each Residential Unit is provided an initial Recycling Cart at no charge to the unit owner. Recycling Carts must remain with the Residential Unit regardless of change of unit ownership. Unserviceable Recycling Carts must be presented in exchange for a replacement Recycling Cart. Replacement of Recycling Carts due to loss or negligence of the Residential Unit is to be paid for by the customer at a cost of approximately $50.00 per Recycling Cart. Standard Roll Cart Fees: Each Residential Unit is provided an initial Roll Cart at no charge to the unit owner. Roll Carts will remain with the Residential Unit regardless of change in unit ownership. Replacement of Roll Carts, due to normal wear will be provided by the franchisee. Unserviceable Roll Carts must be presented for exchange. Replacement of Roll Carts, due to loss or negligence of the Residential Unit will be paid by the customer in an amount equal to the franchisee's cost for the Roll Cart, plus a $10.88 delivery fee. Each customer is entitled to one change of Roll Cart size at no additional cost. A delivery charge of $10.88 will be paid by the customer for additional changes in Roll Cart size. Customers requesting an additional container will pay an amount equal to the franchisee's cost, plus a $10.88 delivery fee. The County replaces Roll Carts that are stolen. DEP Contract No. RM112, Attachment B, Page 3 of 16 Packet Page -1940- 12/13/2011 Item 16.C.5. 16C3 SCHEDULE "B" COMMERCIAL COLLECTION AND DISPOSAL FEES Service District Number I: - Mandatory multi- family recycling collection fee is $1.04 per - unit per -month or $12.48 per year. Service District Number II: - Mandatory multi - family recycling collection fee is $1.07 per - unit per -month or $12.84 per year. Commercial Can Account — District I: - A 96- gallon container collected twice a week is $14.46 per month or $173.49 per year.. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $14.46 per month or $173.49 per year. Commercial Can Account — District II: - A 96- gallon container collected twice a week is $13.77 per month or $165.28 per year. If a customer needs more than one container due to lack of space for a dumpster, each additional container is $13.77 per month or $165.28 per year. Recycling carts for clubhouses in areas where there is residential curbside collection shall be charged at the multi- family recycling rate; $1.04 per month or $12.48 per year. 4 DEP Contract No. RM 112, Attachment B, Page 4 of 16 Packet Page -1941- 12/13/2011 Item 16.C.5. 16C3 SCHEDULE "C" LANDFILL FEES All fees are based on certified scale weight, per cubic yard fee, or per tire each fee. No rounding. Mixed loads of biomass (land clearing, plant trimmings and grass cuttings) and other waste shall not be accepted. MATERIAL FY 2010 TIPPING FEE FY 2011 TIPPING FEE Residential Municipal Solid Waste (MSW) - Collier County Landfill $50.58 /ton $50.58 /ton Residential Municipal Solid Waste (MSW) - Immokalee $54.50 /ton $54.50 /ton Commercial Municipal Solid Waste (MSW) - Collier County Landfill $52.51 /ton $52.51 /ton Commercial Municipal Solid Waste (MSW) - Immokalee $54.50 /ton $54.50 /ton Mixed Waste (non -MSW) $57.66 /ton $57.661ton Scrap Metals $58,75 1ton $58.75 /ton Appliances/White Goods $58.75/ton $58.75 /ton Residential Appliances/White Goods $50.58 /ton $50.58 /ton Sludge (Collier County only) $46.82 /ton $46.82 /ton Waste -Grit $55.86 /ton $55.86/ton Construction /Demolition Debris $58.75 /ton $58.75 /ton Residential Biomass $33.70 1ton $33.70 /ton Commercial Biomass $34.98 /ton $34.98 /ton Plastic /Agriculture $69.511ton $69.51/tcn Special MSW - Commercial /Residential Exemptions $50.58 /ton $50.58 /ton Beach Cleanup $58.75 /ton $58.75/ton Tires larger than 18" or more than 6 in load and large off road equipment tires $143.48/ton $143.48/ton Vehicle tires: 16" to 18" $6.00 /tire $6.00 /tire Vehicle: 15 "or smaller size $2.65 /tire $2.65 /tire Residential Tires $143.48/ton $143.48/ton Clean source separated concrete material suitable for the artificial reef program greater than 3 cubic ft. (Requiring re $8.14 /ton $8.14 /ton 5 DEP Contract No. RM 112, Attachment B, Page 5 of 16 Packet Page -1942- id 12/13/2011 Item 16.C.5. 16C3 MATERIAL FY 2010 FY 2011 TIPPING FEE TIPPING FEE Clean source separated concrete material No Charge No Charge suitable for the artificial reef program greater than 3 cubic ft. (ready for use): Mobile HomesNehicles: Greater than 20ft. $296.761unit $296.76 /unit Mobile HomesNehicles: Less than 20ft. $ 58.75 /ton $ 58.75/ton Vehicle weighing/ non - landfill customers: $ 5.831each $ 5.83 /each Service charges for Non - Sufficient Fund (NSF) The face value of The face value Checks the check plus of the check plus service charges service charges according to according to Section 832.07 Section 832.07 Florida Statutes Florida Statutes Late Payment fee to all accounts delinquent 30 5% of invoice 5% of invoice days or older. amount amount Unattended Scale Card Access charge $25.00 /card $25.00 /card Definitions of Special Wastes: Special Waste I: Difficult -to- handle material requiring pre- acceptance site preparation (example: asbestos, ash, powders) $250.00 /incident (site preparation), plus $100.00 /ton for the material. Special Waste II: Waste requiring special acceptance procedures, but no special site preparation $80.56 /ton, except sludge at $46.82/ton, accepted only in emergencies for Collier County Utilities. Special Waste III: Wastes that are prohibited by law or regulation for the landfill, but are deposited at Landfill working area and must be removed by contractor (example: whole tires, white goods, lead -acid batteries) $25.00 /item. E. DEP Contract No. RM 112, Attachment B, Page 6 of 16 Packet Page -1943- 12/13/2011 Item 16.C.5. 16C3 SCHEDULE "D" RECYCLING CENTER FEES MATERIAL FY 2010 FEE FY 2011 FEE Biomass — Residential $6,00 1truck /trailer load $6.00 / truck/trailer load 6' Truck/Trailer Bed up to 72X20X60 Biomass — Residential $12.00 /truck/trailer load $12.00 / truck/trailer load 6' Truck/Trailer Bed up to 72X42X60 Biomass — Residential $8.00 /truck /trailer load $8.00 /truck /trailer load 8' Truck/Trailer Bed up to 96 X 20 X 60 Biomass — Residential $16.00 / truck/trailer load $16.00 /truck /trailer load 8' TrucklTrailer Bed up to 96 X 42 X 60 Biomass — Commercial $9.00 / truck/trailer load $9.00 / truck/trailer load 6' Truck/Trailer Bed up to 72X20X60 Biomass — Commercial $18.00 /truck/trailer load $18.00 /truck /trailer load 6' Truck/Trailer Bed up to 72X42X60 Biomass — Commercial $12.00 /truck/trailer load $12.00 /truck /trailer load 8' Truck/Trailer Bed up to 96X20X60 Biomass — Commercial $23.00 /truck /trailer load $23.00 /truck /trailer load 8' Truck/Trailer Bed up to 96 X 42 X 60 Construction & Demolition (C &D) $15.00 /truck/trailer load $15.00 /truck/trailer load — Residential - 6' Truck/Trailer Bed up to 72X20X60 Construction & Demolition (C &D) $30.00 /truck /trailer load $30.00 /truck/trailer load — Residential - 6' Truck/Trailer Bed up to 72X42X60 Construction & Demolition (C &D) $20.00 /truck /trailer load $20.00 / truck/trailer load — Residential - 8' Truck/Trailer Bed up to 96X20X60 Construction & Demolition (C &D) $40 /truck/trailer load $40 /truck /trailer load — Residential- 8' Truck/Trailer Bed up to 96x42x60 DEP Contract No. RM 112, Attachment B, Page 7 of 16 Packet Page -1944- 12/13/2011 Item 16.C.5. 16C3 MATERIAL FY 2010 FEE FY 2011 FEE Construction & Demolition (C &D) $30 /truck/trailer load $30 /truck /trailer load -Commercial - 6' Truck/Trailer Bed up to 72x20x60 Construction & Demolition (C &D) $50.00 / truck/trailer load $50.00 /truck /trailer load — Commercial - 6' Truck/Trailer Bed up to 72 X 42 X 60 Construction & Demolition (C &D) $40.00 / truck/trailer load $40.00 /truck /trailer load — Commercial - 8' Truck/Trailer Bed up to 96X20X60 Construction & Demolition (C &D) $60.00 /truck/trailer load $60.00 /truck /trailer load — Commercial - 8' Truck/Trailer Bed up to 96 X 42 X 60 Car or Truck Tires 16" or larger $6.00 /tire $6.00 /tire rim size Car or Truck Tires 15" or smaller $2.65 /tire $2.65 /tire rim size — (Large tractor or heavy equipment tires accepted at landfill only Electronics Residential, No charge No charge Electronics Commercial $1.00 /item $1.00 1item Fluorescent Bulbs — Residential No Charge No Charge Fluorescent Bulbs — Commercial $0.50 /each $0.50 /each Compact Fluorescent Bulbs No Charge No Charge HID Lamps $0.50 /item $0.50 /item Ballasts $5.00 /item $5.00 /item First 1 free to residents First 1 free to residents Commercial Latex Paint/ $0.50/ $0.501 Pint - Quarts pint or quart pint or quart Commercial Latex Paint/ $2.00/ $2.00/ Gallon Gallon Gallon Commercial Latex Paint/ $5.00/ $5.00/ 5 Gallons 5 gallons 5 gallons Mercury Devices — Residential No Charge No Charge Mercury Devices — Commercial $0.80 /device $0.80 /device Items containing Freon $5.00 1item $5.00 /item (Special handling charge) Electronic TV's — Commercial No Charge No Charge Electronic TV's — Residential No Charge No Charge DEP Contract No. RM112, Attachment B, Page S of 16 Packet Page -1945- 12/13/2011 Item 16.C.5. 16C3 MATERIAL FY 2010 FEE FY 2011 FEE Single Item Charge- $2.00 /item $2.00 /item Miscellaneous items, less than '/z cubic yard brought to the Recycling Centers for proper disposal WAIVER OF FEES FOR LITTER AND CLEAN -UP PROJECTS Pursuant to Board of County Commissioners direction, BCC Agenda 7/31/01, 16C (3), neighborhood clean -up events will be limited to $4,000.00 per clean -up event, semi- annually. Public Utilities Administrator may authorize waiver of landfill tipping fees for these events. If estimated tipping fees exceed $4,000.00 the requesting party must appear before the Board of County Commissioners for approval. 9 DEP Contract No. RM 112, Attachment B, Page 9 of 16 Packet Page -1946- 12/13/2011 Item 16.C.5. 16C3 SCHEDULE "E" RATES FOR SUPPLEMENTAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE Residential Curbside Customers — District I WMIF: Rear door service for non - handicapped customer $48.95 per unit/month Extra pick -up service (e.g., for move -in or move -out debris) $81.58 plus $10.88 for 10 DEP Contract No. RM112, Attachment B, Page 10 of 16 Packet Page -1947- each item of bulky waste or white goods First request to exchange trash cart for a different size No charge Subsequent request to exchange trash cart for a different size $10.88 delivery per exchange Commercial Customers — District I WMIF: Additional unscheduled pickups Same rate as routine collection service in commercial rate resolution per container size Opening and closing doors and gates No charge Unlocking and locking gates No charge Changing containers for increases and decreases in service No charge Exchanging the container for a different size, if requested more No charge than two times in one year Rolling out the container from an outside enclosure and No charge returning it to its original location WMIF privacy lock bar set -up $10.88 per month (per bar) Replacement fee for damaged lock bar $54.39 one -time fee (per bar) WMIF locks for containers $10.88 one -time fee (per lock) 10 DEP Contract No. RM112, Attachment B, Page 10 of 16 Packet Page -1947- 12/13/2011 Item 16.C.5. 16C3 Loading container (i.e., bagged MSW outside container) $27.19 per container Pressure washing 2, 4, 6 and 8 yard container) $97.89 per container Pressure washing roll -off compactor container(s) at time of service $299.11 per compactor container Maintenance of customer -owned container(s) $81.58 per hour, plus all parts ( @cost plus 15 %) Collection of bulky waste and white goods $38.07 for first item, (Note: WMIF may decline to provide, this service, and if WMIF plus $10.88 for each does, the customer may obtain this service from any other person) additional item Residential Curbside Customers — District II ID: In yard service for non - handicap $65.27 per unit/year Extra pick -up service (e.g., for move -in or move -out debris) $3,61 plus $5.43 for each bulk item (white goods) Commercial Customers — District II ID: Additional unscheduled pickups Same rate as routine collection service in commercial rate resolution per container size Unlocking and locking gates $10.88 per month Exchanging container for a different size if more than 2 times $38.07 per occurrence a year Lock bar set up $10.88 per month Replacement for damaged bar $54.39 per bar Lock for containers $10.88 per lock Pressure washing containers $43.51 per container Pressure washing roll -off compactor $163.15 per container Re- locating customer owned containers $27.19 per occurrence Maintenance of customer owned containers $54.39 per hour plus all parts @ cost ]1 DEP Contract No. RM112, Attachment B, Page 11 of 16 Packet Page -1948- 12/13/2011 Item 16.C.5. 16C3 Collection of bulk items and white goods $10.88 first item, $5.44 each additional item COMMERCIAL AND RESIDENTIAL EXEMPTIONS All commercial and residential exemptions approved will require a semi - annual inspection of all vehicles. Cost per year for commercial and residential exemptions will be $50.00 per inspection (semi - annually) or $100.00 per year. Commercial Disposal Fee: See Attached Schedules (4 pages) - Attachment No. 1 12 DEP Contract No. RM 112, Attachment B, Page 12 of 16 Packet Page -1949- 12/13/2011 Item 16.C.5. 16C3 4CHMENT NO, i ;CHEDULE F FOR SERVICE DISTRICT NO.1 :ONTAINER RATES FY2011 SIZE PER CU YARD FREQUENCY PER WEEK 1.57% INCREASE COLLECTION RATE FY2011 NO INCREASE DISPOSAL RATE FY2011 COMBINED COLLECTION & DISPOSAL RATE FY2011 2% FRANCHISE FEE FY2011 TOTAL RATE FY2011 TOTAL RATE FY2010 EXTRA PICKUP FY2011 2 1 $ 88.24 $ 25.01 $ 113.25 $ 2.27 $ 115.52 $ 114.13 $ 24.89 2 2 $ 141.76 $ 50.02 $ 191.78 $ 3.84 $ 195.62 $ 193.38 2 3 $ 186.29 $ 75.03 $ 261.32 $ 5.23 $ 266.55 $ 263.61 2 4 $ 266.98 $ 100.04 $ 367.02 $ 7.34 $ 374.36 $ 370.15 2 5 $ 278.25 $ 125.05 $ 403.30 $ 8.07 $ 411.37 $ 406.98 2 6 $ 325.75 $ 150.06 S 475.81 $ 9.52 $ 485.32 $ 480.19 $ 4 1 $ 113.13 $ 50.02 $ 163.15 $ 3.26 $ 166.41 $ 164.63 S 51.02 4 2 $ 209.64 $ 100.04 $ 309.68 S 6.19 $ 315.88 $ 312.57 4 3 $ 278.98 $ 150.06 $ 429.05 $ 8.58 $ 437.63 $ 433.23 4 4 $ 361.91 $ 200.08 $ 562.00 $ 11.24 $ 573.24 $ 567.53 4 5 $ 438.81 $ 250.11 $ 688.92 $ 13.78 $ 702.70 $ 695.78 4 6 $ 532.30 $ 300.13 $ 832.42 $ 16.65 $ 849.07 $ 840.68 6 1 $ 163.62 $ 75.03 $ 238.65 $ 4.77 $ 243.42 $ 240.84 $ 76.51 6 2 $ 259.39 $ 150.06 $ 409.45 $ 8.19 $ 417.64 $ 413.55 6 3 $ 401.90 $ 225.09 S 627.00 $ 12.54 $ 639.54 $ 633.20 6 4 $ 491.59 3 300.13 $ 791.71 $ 15.83 $ 807.55 $ 799.80 6 5 $ 635.59 $ 375.16 $ 1.010.75 $ 20.22 $ 1,030.97 $ 1,020.95 6 6 $ 738.86 S 450.19 $ 1,189.05 $ 23.78 $ 1,212.83 $ 1,201.18 8 1 $ 185.54 $ 100.04 $ 285.58 $ 5.71 $ 291.29 $ 288.37 $ 99.98 8 2 $ 331.74 3 200.08 $ 531.82 $ 10.64 $ 542.46 $ 53723 8 3 $ 467.47 $ 300.13 S 767.59 $ 1535 $ 782.94 $ 775.57 81 4 $ 615.23 $ 400.17 1 $ 1,015.40 $ 20.31 1 $ 1,035.71 $ 1,026.01 81 5 $ 749.40 $ 500.21 $ 1,249.61 $ 24.99 1 $ 1,274.61 $ 1,262.79 B 6 $ 907.70 $ 00.251 S 1.507.95.f $ 30.16 LS 1.538.11 $ 1,523.80 RESTART FEE: $ 81.69 UEP Contract No. Ml 112, Attachment B, Page 13 of 16 Packet Page -1950- 13 SCHEDULEF RATE SCHEDULE FOR SERVICE DISTRICT NO. I BULK COMPACTOR RATES FY2011 EFFECTIVE DATE: 10/1/2010 0e r=e Aoc nc0 ennruru 12/13/2011 Item 16.C.5. 16C3 SIZE PER CU YARD FREQUENCY PER WEEK 1.57% INCREASE COLLECTION RATE FY2011 NO INCREASE DISPOSAL RATE FY2011 COMBINED COLLECTION & DISPOSAL RATE FY2011 20 FRANCHISE FEE FY2011 TOTAL RATE FY2011 TOTAL RATE FY2010 EXTRA PICKUP FY2011 2 1 $ - 154.60 $ 78.44 $ 233.04 $ 4.66 S 237.70 $ 235.27 $ 70.16 2 2 $ 240.03 $ 156.68 $ 396.91 $ 7.94 $ 404.85 $ 401.07 2 3 $ 394.08 $ 235.33 $ 629.41 $ 12.59 $ 642.00 $ 635.78 2 4 $ 392.22 $ 313.77 $ 705.99 $ 14.12 $ 720.11 $ 713.93 2 5 $ 391.60 $ 392.21 $ 783.81 $ 15.68 $ 799.49 $ 793.32 2 6 $ 469.55 $ 470.65 $ 940.20 $ 18.80 $ 959.00 $ 951.60 4 1 $ 273.51 $ 156.88 $ 430.39 $ 8.61 $ 439.00 $ 434.69 $ 111.19 4 2 $ 493.53 $ 313.77 $ 807.30 $ 16.15 $ 823.44 $ 815.66 4 3 S 667.17 $ 470.65 $ 1,137.83 $ 22.76 $ 1,160.58 $1,150.06 4 4 $ B42.70 $ 627.54 $ 1,470.23 $ 29.40 $ 1,499.64 $1,486.35 4 5 $ 1.017.56 $ 764.42 $ 1,801.96 $ 36.04 $ 1,838.02 $ 1,821.98 4 6 $ 1,194.69 $ 941.30 $ 2,135.99 $ 42.72 $ 2,178.71 $ 2,159.88 6 1 $ 398.83 $ 235.33 $ 634.16 $ 12.68 $ 646.84 $ 640.56 $ 167.43 6 2 $ 575.18 $ 470.65 $ 1,045.83 $ 20.92 $ 1,06635 $1,057.68 6 3 $ 928.26 $ 705.98 $ 1,634.24 $ 32.68 $ 1,666.92 $1,652.29 6 4 $ 1,083.02 $ 941.30 $ 2,024.33 $ 40.49 $ 2,064.81 $2,047.74 6 5 $ 1,453.03 3 1,176.63 $ 2.629.65 $ 52.59 S 2.682.25 $2,659.34 6 6 $ 1,723.98 S 1.411.961$ 3,135.94 $ 62.72 $ 31 8.651 $3,171.47 8 1 $ 434.82 $ 313.77 $ 748.59 $ 14.97 $ 763.56 $ 756.71 $ 206.31 8 2 $ 736.65 $ 627.54 $ 1,364.18 $ 27.28 $ 1,391.47 $1,379.85 8 3 $ 1,037.17 $ 941.30 $ 1,978.48 $ 39.57 $ 2,018.05 $2,001.69 81 4 $ 1,339.63 S 1,255.07 $ 2,594.70 $ 51,891S 2,646.59 $ 2.625.47 81 5 $ 1,639.89 S 1,568.84 $ 3,208.73 $ 6417 $ 3,272.90 $ 3.247.05 81 61$ 1,943.99 $ 1,882.61 $ 3,826.60 $ 76.53 S 3,903.13 $ 3,872.48 RESTART FEE: $ 81.69 14 DEP Contract No. RM112, Attachment B, Page 14 of 16 Packet Page -1951- 12/13/2011 Item 16.C.5. 16C3 SCHEDULEF RATE SCHEDULE FOR SERVICE DISTRICT NO I ROLL -OFF SERVICE REGULAR COMMERCIAL CUSTOMERS FY2011 SIZE/ FY2010 FY2010 FY2011 FY2011 CU YARD Total Monthly Total Haul Charge Total Monthly Total Haul Charge Equipment Per Load Equipment Per Load Charge /Container Charge /Container 20 Cubic Yards $118.28 $118.31 - $186.87 $122.54 $122.57 - $193.60 30Cubic Yards $134.87 $118.31 - $186.87 $139.73 $122.57- $193.60 40 Cubic Yards $149.78 $118.31 - $186.87 1 $155.17 $122.57- $193.60 Compactor — Varies with Equipment FY2010 Haul Charge FY2011 Haul Charge $273.23 $283.07 'Varies depending on distance from disposal site. Roll Off Rates do not include disposal charges. Reinstatement Charge for suspended service due to non payment FY2010 Rate FY2011 Rate $78,85 $80.43 RECREATIONAL VEHICLE PARKS, MOBILE HOME PARKS AND MOBILE HOME SUBDIVISIONS THAT CONTRACT TO RECEIVE CURBSIDE SERVICE SHALL PAY THE COMMERCIAL STANDARD CONTAINER RATE MULTIPLIED BY THE NUMBER OF RENTED OR INDIVIDUALLY -OWNED RECREATIONAL VEHICLES OR MOBILEHOMES WITHIN SUCH PARKS(S) OR SUBDIVISONS. 15 DEP Contract No. RM1 12, Attachment B, Page IS of 16 Packet Page -1952- W, SCHEDULE G RATE SCHEDULE FOR SERVICE DISTRICT NO. it BULK CONTAINER RATES FY2011 EFFECTIVE DATE: 10/1/2010 RATES ARF PFR MONTH 12/13/2011 Item 16.C.5. 16C3 SIZE PER CU YARD FREQUENCY PER WEEK 1.57% INCREASE COLLECTION RATE FY2011 NO INCREASE DISPOSAL RATE FY2011 COMBINED COLLECTION & DISPOSAL RATE FY2011 2% FRANCHISE FEE FY2011 TOTAL RATE FY2011 TOTAL RATE FY2010 EXTRA PICKUP FY2011 2 1 $ 67.87 1 S 25.96 $ 93.83 $ 1.88 $ 95.70 $ 94.63 1 $ 25.61 2 2 $ 132.73 1 S 51.92 $ 184.65 $ 3.69 $ 188.34 $ 186.25 2 3 $ 165.90 $ 77.88 $ 243.78 $ 4.88 $ 248.66 $ 246.04 2 4 $ 204.70 3 103.83 $ 308.54 $ 6.17 $ 314.71 $ 311,48 2 5 $ 233.74 $ 129.79 $ 363.53 $ 7.27 $ 370.81 $ 367.12 2 6 $ 256.38 $ 155.75 $ 412.13 $ 8.24 $ 420.38 $ 416.33 4 1 $ 105.60 3 51.92 $ 157.52 $ 3.15 $ 160.67 $ 159.00 $ 51.20 a 2 $ 196.07 1 3 103.83 $ 299.90 $ 6.00 $ 305.90 $ 302.81 4 3 $ 278.98 $ 155.75 $ 434.73 $ 8.69 $ 443.43 $ 439.03 4 4 $ 354.37 $ 207.67 $ 562.03 $ 11.24 $ 573.28 $ 567.69 4 5 $ 422.25 3 259.58 $ 681.83 $ 13.64 $ 695.47 $ 688,81 4 6 $ 482.56 $ 311.50 $ 794.06 $ 15.88 $ 809.94 $ 802.33 6 1 $ 188.50 1 S 77.88 $ 266.38 $ 5.33 $ 271.71 $ 268.73 $ 74.77 6 2 $ 278.98 $ 155.75 $ 434.73 $ 8.69 $ 443.43 $ 439.03 6 3 $ 361.92 S 233.63 $ 595.55 $ 11.91 $ 607.46 $ 601.75 6 4 $ 437.32 $ 311.50 $ 748.82 $ 14.98 $ 763.80 $ 756.90 61 5 $ 505.17 $ 389.38 $ 894.54 $ 17.89 $ 912.43 S 904.47 6 6 $ 565.47 $ 467.25 $ 1,032.72 $ 20.65 $ 1.053.38 $ 1.044.46 8 1 $ 185.54 $ 103.83 $ 289.37 $ 5.79 $ 295.16 $ 292.23 $ 98.47 8 2 $ 331.74 $ 207.67 $ 539.40 $ 10.79 $ 550.19 $ 544.96 8 3 $ 467.47 $ 311.50 $ 778.97 $ 15.58 $ 794.55 $ 787.18 8 4 $ 615.23 S 415.33 $ 1,030.56 $ 20.61 $ 1,051.17 IS 1,041.47 81 5 $ 749.40 $ 519.17 $ 1,268.57 $ 25.37 $ 1,293.941$ 1,282.13 al 6 $ 907.70 $ 623.00 $ 1,530.70 $ 30.61 1 $ 1,561.321 $ 1,547.00 RESTART FEE: $ 79.84 16 DEP Contract No. RM112, Attachment B, Page 16 of 16 Packet Page -1953- 12/13/2011 Item 16.C.5. Material Usage Page 1 of 2 om Material Type: B To Material Type: WMi RECYCLE From Material: 506 From Customer: To Material: 506 To Customer: zzzzzzzzzzz From Site: 50 To Site: 50 From: 05/01/11 Print Date: 10125/2011 To: 06/14/11 Print Time: 12:46PM Truck l----- ---- -- Ticket ----- -- ----- -I I------ - - - - -- Material------ - - - - -I ID Date Number Eaches Tons Unit Cost Revenue Material: 506 H ROOKERY BAY REST MSW Customer: 105121 50.58 DEP ROOKERY BAY JJJ 305 5/27111 8:34AN 5388214 JJJ 487 5127/11 8:37AA/ 5388215 3164 5/27/11 9:53AN 5388266 3163 5/27/11 9:58AA/ 5388272 3164 5127/11 11:24AA 5388319 3163 5127/11 11:32AA 5388323 3164 5127/11 1:16PA/ 5388364 3163 5/27/11 1:16PA/ 5388365 3164 5/27/11 2:56PIV 5388426 3163 5/27/11 2:56PA/ 5388427 3164 5/28/11 7:56AN 5388467 3163 5/28/11 7:56AN 5388468 3164 5/28/11 9.25AA/ 5388503 3163 5128/11 9:30AN 5388506 3164 5/28111 11:12AA 5388541 3163 5/28/11 11:13AA 5388542 3164 5/28/11 12:50PA 5388589 3163 5128/11 12:51 PA 5388590 3163 5/28/11 2:35PA/ 5388609 3164 5/28/11 2:36PM 5388610 3163 5131/11 8:02AN 5388766 3164 5/31/11 8:03AN 5388767 3163 5/31/11 9:40AM 5388801 3164 5131/11 9:40AN 5388802 3164 5131/11 11:05AA 5388847 3163 5/31111 11:13AA 5388851 3164 5131/11 12:42PA 5388887 3163 5/31/11 12:43PA 5388888 3164 5/31/11 2:17PA/ 5388929 3163 5/31111 2:17PN 5388930 3164 5/31/11 3:59PU 5388973 3163 5131/11 3:59PFV 5388974 3164 611/11 7 :54AM 5388995 3163 611/11 7:55AM 5388996 3164 6/1/11 9:34AM 5389030 3163 6/1/11 9:35AM 5389031 3164 6/1/11 11:08AM 50.58 5389092 3163 6/1111 11:08AM 50.58 5389093 3164 6/1/11 12:49PM 50.58 5389142 3163 6/1/11 12:50PM 50.58 5389143 3163 611/11 2:26PM 5389184 Incoming Packet Page -1954- 15.580 to 50.58 $788.04 12.390 to 50.58 $626.69 14.160 to 50.58 $716.21 14.910 to 50.58 $754.15 17.100 to 50.58 $864.92 17.220 to 50.58 $870.99 16.610 to 50.58 $840.13 16.120 to 50.58 $81535 15.560 to 50.58 $787.02 16.070 to 50.58 $812.82 15.990 to 50.58 $80877 16.190 to 50.58 $818.89 16.530 to 50.58 $836.09 15.750 to 50.58 $796.64 15.280 to 50.58 $77 14730 to 50.58 $74ft4 14.550 to 50.58 5735.94 15.650 to 50.58 $791.58 14.450 to 50.58 $730.88 17.180 to 50.58 $868.96 13.970 to 50.58 $706.60 14.020 to 50.58 $709.13 16.430 to 50.58 $831.03 14.630 to 50.58 $739.99 14.960 to 50.58 $756.68 14.180 to 50.58 $717.22 14150 to 50.58 $715.71 13.430 to 50.58 $679.29 15.880 to 50.58 $803.21 16.740 to 50.58 $846.71 18.020 to 50.58 $911.45 16.790 to 50.58 $849.24 16.720 to 50.58 $845.70 16.650 to 50.58 $842.16 16.670 to 50.58 $843.17 14.290 to 50.58 $722.79 15.660 to 50.58 $792.08 16.840 to 50.58 $851 ; 14.530 to 50.58 $72 16.230 to 50.58 $82091 15.840 to 50.58 $801.19 Material Usage From Material Type: B To Material Type: WMI RECYCLE From Material: 506 From Customer: To Material: 506 To Customer: zzzzzzzzzzz 12/13/2011 Item 16.C.5. From Site: 50 To Site: 50 From: 05/01/11 Print Date: 10125/2011 To: 06/14/11 Print Time: 12:46PM Truck I--- - --- -- Ticket--------- - ----I (------ - - ---- Material------- - - ---I ID Date Number Eaches Tons Unit Cost Revenue 3164 6/1/11 2:26PM 5389185 14.690 to 50.58 5743.02 3164 6/3/11 7:52AM 5389482 15.540 to 50.58 $786.01 3163 6/3/11 7:52AM 5389483 13.810 to 50.58 $698.51 3163 6/3/11 9:31AM 5389519 16.840 to 50.58 $85177 3164 6/3/11 9:31 AM 5389520 15.800 to 50.58 5799.16 3164 6/3111 10:58AM 5389562 19.210 to 50.58 $971.64 3163 6/3/11 10:58AM 5389563 17.720 to 50.58 $896.28 3164 613/11 12:42PM 5389615 19.260 to 50.58 $974.17 3163 6/3111 12:43PM 5389616 18.590 to 50.58 $940.28 3164 6/3111 2:16PM 5389673 19.520 to 50.58 $987.32 3163 6/3/11 2:16PM 5389674 16.810 to 50.58 $850.25 3164 6/3/11 3:59PM 5389725 19.420 to 50.58 $982.26 3163 6/3/11 4:OOPM 5389726 19.390 to 50.58 $980.75 3163 6/6/11 8:02AM 5389918 17.010 to 50.58 $860.37 3163 6/6/11 8:03AM 5389919 18.090 to 50.58 $914.99 3164 616/11 9:45AM 5389955 18.290 to 50.58 $925.11 3163 6/6/11 9:47AM 5389956 19.290 to 50.58 $975.69 3163 616111 11:23AM 5390011 18.030 to 50.58 $911.96 3164 6/6/11 11:23AM 5390012 18.720 to 50.58 8946.86 164 6/10/11 7:48AN 5390815 21.110 to 50.58 $1,067.74 63 6/10/11 7:48AV 5390816 21.520 to 50.58 $1.088.48 3164 6/10/11 9:25AN 5390850 20.840 to 50.58 $1,054.09 3163 6/10/11 9.25AN 5390851 21.450 to 50.58 $1,084.94 3164 6/10/11 10:5W 5390900 19.250 to 50.58 5973.67 3163 6/10111 10 :58AN 5390901 19.660 to 50.58 $994.40 3164 6/10/11 12:35PA 5390944 19.640 to 50.58 $993.39 3163 6/10/11 12:36PR 5390945 19.840 to 50.58 $1,003.51 3164 6/10/11 2:05PM 5390998 20.710 to 50.58 $1,047.51 3163 6110/11 2:05PN 5390999 19750 to 50.58 5998.96 3164 6110/11 3:50PN 5391050 21.160 to 50.58 S1,070.27 3163 6110/11 3:51 PN 5391051 20.120 to 50.58 $1,017.67 DEP ROOKERY BAY TOTALS 1219.730 to $61,693.96 Tickets): 72 H ROOKERY BAY REST MSW TOTALS 0.000 1,219.730 to $61,693.96 Ticket(s): 72 Incoming Totals Ticket(s): 72 0.000 Packet Page -1955- 1219.730 to S61,693.96