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Backup Documents 12/13-14/2011 Item #16C 5ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP16 C 5 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the exception of the Chairman's signature. draw a line through routine lines #I through #4, complete the checklist, and forward to Ian Mitchell (line #5). Route to Addressee(s) List in routing order Office Initials Date 1. 12/13/11 Agenda Item Number 16C5 2. Original document has been signed/initialed for legal sufficiency. (All documents to be JBW 3. FDEP Settlement Agreement Number of Original 2 4. Jennifer B. White, ACA County Attorney's Office JBW 12/13/11 5. Ian Mitchell, BCC Office Supervisor Board of County Commissioners / �(l �' t _ `� 11( 6. Minutes and Records Clerk of Court's Office (11M 14 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the it.- 1 Name of Primary Staff Contact Jennifer B. White, ACA Phone Number 239- 252-8400 Agenda Date Item was 12/13/11 Agenda Item Number 16C5 Approved by the BCC Original document has been signed/initialed for legal sufficiency. (All documents to be JBW Type of Document FDEP Settlement Agreement Number of Original 2 Attached PLEASE RETURN ORIGINALS TO THE Documents Attached COUNTY ATTORNEY FOR ROUTING TO THE FDEP EXECUTION INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is Yes N/A (Not appropriate. Initial Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be JBW signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike - through and revisions have been initialed by the County Attorney's N/A Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the JBW document or the final rfe otiated contract date whichever is applicable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's JBW signature and initials are required. 5. In most cases (some contracts are an exception), the original document and this routing slip N/A should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 6. The document was approved by the BCC on (enter date) and all changes made during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes, if applicable. I 1W 7. Please return two executed original documents to Jennifer B. White, ACA I JBW 16C 5 MEMORANDUM Date: December 21, 2011 To: Jennifer Belpedio -White Assistant County Attorney From: Martha Vergara, Deputy Clerk Minutes & Records Department Re: FDEP Settlement Agreement Enclosed please find two (2) originals documents referenced above (Agenda Item #16C5) adopted by the Board of County Commissioners on Tuesday, December 21, 2011. Please return a fully executed original to the Minutes & Records Department so that it can be kept as part of the Board's Official Records. If you should have any questions, please contact me at 252 -7240. Enclosures 16C 5 SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into day �o�f by and between the Department of Environmental Protection, an agency of the State, (hereinafter "Department "), 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and the Collier County Board of County P- gprJ , aCo- �C Commissioners, 3,219 Tamiami Trail Suite 302 Naples, Florida 3411 (hereinafter "CONTRACTOR "). WITNESSETH: WHEREAS, pursuant to Section 287.058(1), F.S., a procurement of contractual services in excess of $35,000 is required to be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, including but not limited to subsections (a) , (b) , (c) , (d) , and (e) , and WHEREAS, pursuant to Section 287.058(2), F.S., except in cases involving a valid emergency, said written agreement is required to be signed by both the agency head and the contractor prior to the rendering of services, and WHEREAS, pursuant to Section 287.058(2), F.S., if the agreement is not signed by both parties, and if a valid emergency does not exist, the agency head is required no later than thirty (30) days after the contractor begins rendering 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, 16C 5 Patricia L. Morgan From: HerreraSandra <sandraherrera @colliergov.net> Sent: Thursday, December 22, 20119:24 AM To: MorganTrish Cc: White, Jennifer Subject: FDEP Settlement Agreement Agenda Item 16C5 Attachments: (FINAL) RM112 SETTLEMENT AGREEMENT (2).docx As discussed today with Jennifer, please print the first page of the attached agreement and replace with the one you currently have. Thank you!!!!! Sandra Herrera, Certified Paralegal Office of the County Attorney W. Harmon Turner Building F 3299 Tamiami Trail East, Suite 800 Naples, Florida 34112 -4902 Phone: (239) 252 -8400 Facsimile: (239) 252 -6300 Sandraherrerar)collier og v. net Under Florida Law, e -mail addresses are public records. If you do not warit your e -mail address released in response to a public records request do not send electronic, mail to this entity. Instead, contact this office by telephone or in writing. 16C 5 SETTLEMENT AGREEMENT THIS AGREEMENT is made and entered into day 13th of December, 2011 by and between the Department of Environmental Protection, an agency of the State, (hereinafter "Department "), 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000 and the Collier County Board of County Commissioners, c/o Solid Waste Management Department, 3339 Tamiami Trail. Suite 302, Naples, Florida 34112, (hereinafter "CONTRACTOR "). WITNESSETH: WHEREAS, pursuant to Section 287.058(1), F.S., a procurement of contractual services in excess of $35,000 is required to be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, including but not limited to subsections (a) , (b) , (c) , (d) , and (e) , and WHEREAS, pursuant to Section 287.058(2), F.S., except in cases involving a valid emergency, said written agreement is required to be signed by both the agency head and the contractor prior to the rendering of services, and WHEREAS, pursuant to Section 287.058(2), F.S., if the agreement is not signed by both parties, and if a valid emergency does not exist, the agency head is required no later than thirty (30) days after the contractor begins rendering 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, 16C 5 certified the specific conditions and circumstances which caused the noncompliance, and WHEREAS, the Chief Financial Officer 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 WHEREAS, the Contractor agrees to be bound by the terms and conditions set forth in Exhibit B, attached hereto and incorporated by reference herein, in the performance of the work subject of this settlement agreement. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: a. The Department agrees to pay to the Contractor the sum of Sixtv one thousand Six hundred and ninety three Dollars and ninety six Cents, ($61693.96), covering the period of service from May, 27, 2011, through June 10, , 2011_, payable by State of Florida warrant, to be paid to the Contractor. b. Upon 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 16C 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 bound by the terms and conditions set forth in Exhibit B, attached hereto and incorporated by reference herein, for performance of the work which is subject of this settlement agreement. e. Upon the execution of this Agreement, the terms hereunder shall become effective only upon the subsequent approval thereof by the Chief Financial Officer of the State of Florida, pursuant to Section 17.03, Florida Statutes. IN WITNESS WHEREOF, the parties have executed this agreement this _ day of , By: _ Title: Date: Approved as to form and legality: DEPARTMENT 'ATTORNEY DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Title. Date: CONTRACTOR SIGNATURE PAGE TO FOLLOW ATTB'�i . ..... �. DWIGHT .1 RQC' K,�',CLERK By:. EPUTY CL j is -C6i i *&two 48 + • Approval for form and legal Sufficiency: Jennife B. White Assistant County Attorney 16C BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA FRED W. COYLE, CHAI AN 5 Settlement Agreement between Department of Environmental Protection and Collier �ounty Board of County Commissioners regarding June 14, 2011 Contract 16C 5 EXHI B I T A INVOICE (Supporting Documentation) Co er County Utility Billing & Customer Service 4420 Mercantile Avenue Naples, FL 34104 Customer Invoice 239 - 252 -2380 E 16C 5 Page 1 of 2 Invoice #1001997 -A From Customer: 105121 To: 105121 From Date: 05/27/11 Date Run: 813112011 From Order. To: 772277" From Material: To: zzmm To Date: 06/10/11 Time Run: 2:19:18 PM From Site: 1 To: 90 Ticket Truck/Trailer Material Date Number ID ID Customer: 105121 Order. 1 5/27/11 8:34: AM 5/27/11 8:37: AM 5/27/11 9:53: AM 5/27/11 9:58: AM 5/27/11 11:24: AM 5127111 11:32: AM 5/27/11 1:16: PM 5/27/11 1:16: PM 5/27/11 2:56: PM 5/27/11 2:56: PM 5/28/11 7:56: AM 5/28/11 7:56: AM 5/28/11 9:25: AM 5/28/11 9:30: AM 5/28/11 11:12: AM 5/28/11 11:13: AM 5/28/11 12:50: PM 5128/11 12:51: PM 5/28111 2:35: PM 5128/11 2:36: PM 5/31/11 8:02: AM 5/31/11 8:03: AM 5/31/11 9:40: AM 5/31/11 9:40: AM 5/31111 11:05: AM 5/31111 11:13: AM 5131111 12:42: PM 5/31/11 12:43: PM 5/31111 2:17: PM 5/31111 2:17: PM 5/31111 3:59: PM 5/31/11 3:59: PM 6/1/11 7:54: AM 6/1/11 7:55: AM 611/11 9:34: AM 6/1/11 9:35: AM 6/1/11 11:08: AM 6/1111 11:08: AM 6/1/11 12:49: PM 611/11 12:50: PM 611/11 2:26: PM 611/11 2:26: PM 6/3/11 7:52: AM 6/3111 7:52: AM 6/3111 9:31: AM 6/3/11 9:31: AM DEP ROOKERY BAY 1- material -� Eacbes Tons Unk Cost Revenue 5388214 JJJ 305 506 H ROOKERY BAY REST MSW 15.580 to 50.58 $788.04 5388215 JJJ 487 506 H ROOKERY BAY REST MSW 12.390 to 50.58 $626.69 5388266 3164 506 H ROOKERY BAY RESI MSW 14.160 to 50.58 $716.21 5388272 3163 506 H ROOKERY BAY RESI MSW 14.910 to 50.58 $754.15 5388319 3164 506 H ROOKERY BAY RESI MSW 17.100 M 50.58 $864.92 5388323 3163 506 H ROOKERY BAY RESI MSW 17.220 to 50.58 $870.99 5388364 3164 506 H ROOKERY BAY RESI MSW 16.610 to 50.58 $840.13 5388365 3163 506 H ROOKERY BAY REST MSW 16.120 to 50.58 $815.35 5388426 3164 506 H ROOKERY BAY REST MSW 15.560 to 50.58 $787.02 5388427 3163 506 H ROOKERY BAY RESI MSW 16.070 to 50.58 $812.82 5388467 3164 506 H ROOKERY BAY RESI MSW 15.990 to 50.58 $808.77 5388468 3163 506 H ROOKERY BAY RESI MSW 16.190 to 50.58 $818.89 5388503 3164 506 H ROOKERY BAY RESI MSW 16.530 to 50.58 $836.09 5388506 3163 506 H ROOKERY BAY RESI MSW 15.750 to 50.58 $796.64 5388541 3164 506 H ROOKERY BAY RESI MSW 15.280 to 50.58 $772.86 5388542 3163 506 H ROOKERY BAY RESI MSW 14.730 to 50.58 $745.04 5388589 3164 506 H ROOKERY BAY RESI MSW 14.550 to 50.58 $735.94 5388590 3163 506 H ROOKERY BAY RESI MSW 15.650 to 50.58 $791.58 5388609 3163 506 H ROOKERY BAY RESI MSW 14.450 to 50.58 $730.88 5388610 3164 506 H ROOKERY BAY RESI MSW 17.180 to 50.58 $868.96 5388766 3163 506 H ROOKERY BAY RESI MSW 13.970 to 50.58 $706.60 5388767 3164 506 H ROOKERY BAY RESI MSW 14.020 to 50.58 $709.13 5388801 3163 506 H ROOKERY BAY RESI MSW 16.430 to 50.58 $831.03 5388802 3164 506 H ROOKERY BAY RESI MSW 14.630 to 50.58 $739.99 5388847 3164 506 H ROOKERY BAY RESI MSW 14.960 to 50.58 $756.68 5388851 3163 506 H ROOKERY BAY RESI MSW 14.180 to 50.58 $717.22 5388887 3164 506 H ROOKERY BAY RESI MSW 14.150 to 50.58 $715.71 5388888 3163 506 H ROOKERY BAY RESI MSW 13.430 to 50.58 $679.29 5388929 3164 506 H ROOKERY BAY RESI MSW 15.880 to 50.58 $803.21 5388930 3163 506 H ROOKERY BAY RESI MSW 16.740 to 50.58 $846.71 5388973 3164 506 H ROOKERY BAY RESI MSW 18.020 to 50.58 $911.45 5388974 3163 506 H ROOKERY BAY RESI MSW 16.790 to 50.58 $849.24 5388995 3164 506 H ROOKERY BAY RESI MSW 16.720 to 50.58 $845.70 5388996 3163 506 H ROOKERY BAY RESI MSW 16.650 to 50.58 $842.16 5389030 3164 506 H ROOKERY BAY RESI MSW 16.670 to 50.58 $843.17 5389031 3163 506 H ROOKERY BAY RESI MSW 14.290 to 50.58 $722.79 5389092 3164 506 H ROOKERY BAY RESI MSW 15.660 to 50.58 $792.08 5389093 3163 506 H ROOKERY BAY RESI MSW 16.840 to 50.58 $851.77 5389142 3164 506 H ROOKERY BAY RESI MSW 14.530 to 50.58 $734.93 5389143 3163 506 H ROOKERY BAY RESI MSW 16.230 to 50.58 $820.91 5389184 3163 506 H ROOKERY BAY RESI MSW 15.840 to 50.58 5801.19 5389185 3164 506 H ROOKERY BAY RESI MSW 14.690 to 50.58 $743.02 5389482 3164 506 H ROOKERY BAY REST MSW 15.540 to 50.58 $786.01 5389483 3163 506 H ROOKERY BAY RESI MSW 13.810 to 50.58 $698.51 5389519 3163 506 H ROOKERY BAY RESI MSW 16.840 to 50.58 $851.77 5389520 3164 506 H ROOKERY BAY RESI MSW 15.800 to 50.58 $799.16 6/3/1 1 10:58: AM 5389562 3164 506 H ROOKERY BAY RESI MSW 19.210 to 16C 50.58 5 $971.64 613/11 10:58: AM 5389563 3163 506 H ROOKERY BAY RESI MSW 17.720 to 50,58 $896.28 613/11 12:42: PM 5389615 3164 506 H ROOKERY BAY RESI MSW 19.260 to 50.58 $974.17 613/11 12:43: PM 5389616 3163 506 H ROOKERY BAY RESI MSW 18.590 to 50.58 $940.28 613/11 2:16: PM 5389673 3164 506 H ROOKERY BAY RESI MSW 19.520 to 50.58 $987.32 6/3/11 2:16: PM 5389674 3163 506 H ROOKERY BAY RESI MSW 16.810 to 50.58 $850.25 6/3/11 3:59: PM 5389725 3164 506 H ROOKERY BAY RESI MSW 19.420 to 50.58 $982.26 613/11 4:00: PM 5389726 3163 506 H ROOKERY BAY RESI MSW 19.390 to 50.58 $980.75 616/11 8:02: AM 5389918 3163 506 H ROOKERY BAY RESI MSW 17.010 to 50.58 $860.37 6/6111 8:03: AM 5389919 3163 506 H ROOKERY BAY RESI MSW 18.090 to 50.58 $914.99 616/11 9:45: AM 5389955 3164 506 H ROOKERY BAY RESI MSW 18.290 to 50.58 $925.11 6011 9:47: AM 5389956 3163 506 H ROOKERY BAY RESI MSW 19.290 to 50.58 $975.69 6/6/11 11:23: AM 5390011 3163 506 H ROOKERY BAY RESI MSW 18.030 to 50.58 $911.96 6/6/11 11:23: AM 5390012 3164 506 H ROOKERY BAY RESI MSW 18.720 to 50.58 $946.86 6/10111 7:48: AM 5390815 3164 506 H ROOKERY BAY RESI MSW 21.110 to 50.58 $1,067.74 6/10/11 7:48: AM 5390816 3163 506 H ROOKERY BAY RESI MSW 21.520 to 50.58 $1,088.48 6110/11 9:25: AM 5390850 3164 506 H ROOKERY BAY RESI MSW 20.840 to 50.58 $1,054.09 6/10111 9:25: AM 5390851 3163 506 H ROOKERY BAY RESI MSW 21.450 to 50.58 $1,084.94 6110/11 10:58: AM 5390900 3164 506 H ROOKERY BAY RESI MSW 19.250 to 50.58 $973.67 6/10/11 10:58: AM 5390901 3163 506 H ROOKERY BAY RESI MSW 19.660 to 50.58 $994.40 6/10/11 12:35: PM 5390944 3164 506 H ROOKERY BAY RESI MSW 19.640 to 50.58 $993.39 6/10/11 12:36: PM 5390945 3163 506 H ROOKERY BAY RESI MSW 19.840 to 50.58 $1,003.51 6/10/11 2:05: PM 5390998 3164 506 H ROOKERY BAY RESI MSW 20.710 to 50.58 $1,047.51 6/10111 2:05: PM 5390999 3163 506 H ROOKERY BAY RESI MSW 19.750 to 50.58 $998.96 6110/11 3:50: PM 5391050 3164 506 H ROOKERY BAY RESI MSW 21.160 to 50.58 $1,070.27 6110/11 3:51: PM 5391051 3163 506 H ROOKERY BAY RESI MSW 20.120 to 5D.58 $1,017.67 H ROOKERY BAY RESI MSW Totals 1,219.730 to $61,693.96 Ticket(s): 72 Isles of Capri Project Totals 0.00 1,219.730 to $61,693.96 Ticket(s): 72 DEP ROOKERY BAY TOTALS 0.00 1216.730 to $81,693.96 Ticket(s): 72 Invoice Grand Totals 0.00 1219.730 to $61,693.96 Page #2 16C 5 EXHI B I T B CONTRACT (Amendments, change orders, etc) 6C 5 .o cm 0 0 N f" ) O 16C 5 co O N N f0 a 0 0 N O M O N tt) 16C 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. 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 16C 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. 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 16C 5 16C3 12. The Department's Contract Manager is Donna Pace, phone 239417 -6310. The Contractors 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 16C 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 850 -487 -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 work 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 lattees 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 16C3 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 MyFloddaMarketPlace, 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 16C 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 COUNTY COMMISSIONERS By: `Y"- W Title: C tf A tR m g r4 Collier County Board of County Commissioners 3301 Tamiami Trail East Naples, Florida 34112 FEID No.:.59- 6000558. Cle.�k�'of L�oiift,� Brock �CV List o a included as part of this Contract: Specify Letter/ Type Number Attachment A Attachment B Date -� I D FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Office of Coastal and Aquatic Managed Areas or designee Date: �-b Y/) I -_s rl� Donna P , EP Contract Manager DEP ContrA Administrakof Approved as to form and legality: 6&K' � Q\- DEP A omey Description (include number of pages) Scope of Services (1 Page) Rate Resolution (16 Pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK APPOVrd as to form & legal Sufflciency A SIBIl nt County Attorney Stra ti 1 FLM 3. W "A T ATTACHMENT A SCOPE OF SERVICES GOAL: 16C 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. RM112, Attachment A, Page 1 of 1 16C 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. II. 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 1 of 16 16C 5 16C3 SECTION 3: The effective date of this Resolution shall be October 1, 2010. This Resolution adopted this day of September, 2010 after motion, second and majority vote. ATTEST: DWIGHT E,- 13ROCK, CLERK UTFY CLERK tt � �74T'_C1. Appro* aa1 a5:ta orm and legal Sufficiency: Jennifer B, White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Fred W. Coyle, CHAIRMAN DEP Contract No. RM 112, Attachment B, Page 2 of 16 16C 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 11: (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 II: $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. RM 112, Attachment B, Page 3 of 16 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 16C 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 $57.66/ton Scrap Metals $58.75/ton $58.75 /ton Appliances/White Goods $58.75 /ton $58.75/ton Residential Appliances/White Goods $50.58 1ton $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 /ton $33.70 /ton Commercial Biomass $34.98 /ton $34.98/ton Plastic /Agriculture $69.51 /ton $69.51/ton 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 prep): $8.14 /ton $8.14 /ton DEP Contract No. RM 112, Attachment B, Page 5 of 16 16C 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 Homes/Vehicles: Greater than 20ft. $296.76 /unit $296.76/unit Mobile Homes/Vehicles: Less than 20ft. $ 58.75/ton $ 58.75/ton Vehicle weighing/ non - landfill customers: $ 5.83 /each $ 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. D DEP Contract No. RM 112, Attachment B, Page 6 of 16 16C3 SCHEDULE "D" RECYCLING CENTER FEES MATERIAL FY 2010 FEE FY 2011 FEE Biomass - Residential $6.00 /truck /trailer load $6.00 / truck/trailer load 6' Truck/Trailer Bed up to 72X20X60 Biomass - Residential $12.00 /truck/trailer load $12.00 1truck/trailer load 6' Truck/Trailer Bed up to 72 X 42 X 60 Biomass - Residential $8.00 / truck/trailer load $8.00 /truck /trailer load 8' Truck/Trailer Bed up to 96X20X60 Biomass - Residential $16.00 /truck/trailer load $16.00 /truck /trailer load 8' Truck/Trailer Bed up to 96X42X60 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 96X42X60 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 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 72 x 20 x 60 Construction & Demolition (C &D) $50.00 /truck/trailer load $50.00 /truck /trailer load — Commercial - 6' Truck/Trailer Bed up to 72X42X60 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 96X42X60 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 /item 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 int or uart pint or quart Commercial Latex Paint/ $2.00/ $2.00/ Gallon Gallon Gallon i 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 /item $5.00 /item (Special handling charge) Electronic TV's — Commercial I No Charge No Charge Electronic TV's — Residential No Charge No Charge DEP Contract No. RM 112, Attachment B. Page of'! 6 16C 5 16C3 MATERIAL FY 2010 FEE FY 2011 FEE Single Item Charge- $2.00 /item $2.00 /item Miscellaneous items, less than '/2 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. DEP Contract No. RM 112, Attachment B, Page 9 of 16 16C 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 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. RM 112, Attachment B, Page 10 of 16 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 OF DEP Contract No. RM 112, Attachment B, Page 11 of 16 Collection of bulk items and white goods COMMERCIAL AND RESIDENTIAL EXEMPTIONS 16C 5 16C3 $10.88 first item, $5.44 each additional item 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 IM DEP Contract No. RM 112, Attachment B, Page 12 of 16 ATTACHMENT NO. 1 SCHEDULEF RATE SCHEDULE FOR SERVICE DISTRICT NO. I BULK CONTAINER RATES FY2011 EFFECTIVE DATE: 10/l/2010 RA TES ARE PER MONTH 16C 5 16C3 SIZE PER CU YARD FREQUENCY PER WEEK 1.57% INCREASE COLLECTION RATE FY2011 NO INCREASE DISPOSAL RATE FY2011 COMBINED COLLECTION 3 DISPOSAL RATE FY2011 2% FRANCHISE FEE FY2011 TOTAL RATE FY2011 TOTAL RATE FY2010 EXTRA PICKUP FY2011 2 1 $ 88.24 S 25.01 $ 113.25 S 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 a 261.32 $ 5.23 $ 266.55 $ 263.61 2 4 $ 266.98 $ 100.04 $ 367.02 $ 7.34 $ 374.36 $ 370.15 2 5 $ 27815 125.05 $ 403.30 $ 8.07 $ 411.37 $ 406.98 2 6 $ 325.75 $ 150.06 $ 475.81 $ 9.52 $ 485.32 $ 480.19 $ 4 1 $ 11313 $ 50.02 $ 163.15 $ 3.26 $ 166.41 $ 164.63 $ 5102 4 2 $ 209.64 $ 100.04 $ 309.68 $ 6.19 $ 315.88 $ 312.57 4 3 $ 276.98 $ 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 $ 43811 $ 250.11 $ 688.92 $ 1178 $ 702.70 $ 695.78 4 6 $ 532.30 $ 300.13 $ 832.42 S 16.65 $ 849.07 $ 840.68 S - 6 1 $ 163.62 $ 75.03 $ 238.65 S 4.77 $ 243.42 $ 240.84 $ 76.51 6 2 $ 259.39 $ 150.06 $ 409.45 $ 8.19 $ 417.64 $ 413.55 6 3 S 401.90 $ 225.09 $ 627.00 $ 12.54 $ 639.54 $ 633.20 6 4 a 491.59 $ 300.13 $ 791.71 $ 15.83 $ 807.55 $ 799.80 6 5 $ 635.59 $ 375.16 $ 1,010.75 $ 10.22 $ 1,030.97 $ 1,020.95 6 6 $ 738.86 $ 450.19 $ 1,189.05 $ 23.78 $ 1,212.83 $ 1,201.18 a - 8 1 $ 185.54 $ 100.04 a 285.58 $ 5.71 $ 291.29 $ 288.37 $ 99.96 6 2 $ 331.74 $ 200.08 $ 531.82 S 1064 $ 542.46 $ 537.23 8 3 $ 467.47 is 300.13 $ 767.59 $ 1535 $ 782.94 $ 775.57 8 4 $ 615.23 $ 400.17 $ 1,015.40 $ 20.31 $ 1035.71 $ 1,026.01 8 5 $ 749.40 $ 50021 $ 1,249.61 $ 2499 $ 1,274.61 $ 1,262.79 8 6 $ 907.70 $ 600.25 $ 1,507.95 S 30.16 $ 1,538.11 $ 1,523.80 RESTART FEE: 1 $ 81.69 13 I)EP Contract No. RNI1 12, Attachment B, Page 13 of 16 SCHEDULEF RATE SCHEDULE FOR SERVICE DISTRICT NO.1 BULK COMPACTOR RATES FY2011 EFFECTIVE DATE: 10/112010 RATES ARE PER MONTH 16C3 SIZE PER CU YARD FREQUENCY PER WEEK 1.57% INCREASE COLLECTION RATE FY2011 NO INCREASE DISPOSAL RATE FY2011 COMBINED COLLECTION 3 DISPOSAL RATE FY2011 2% FRANCHISE FEE FY2011 TOTAL RATE FY2011 TOTAL RATE FY2010 EXTRA PICKUP FY2011 21 1 $ 154.60 $ 78.44 $ 233.04 $ 4.66 $ 237.70 $ 235.27 $ 70.16 2 2 $ 240.03 $ 156.88 $ 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 $ 1412 $ 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 $ 18.801 $ 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 $ 915.66 4 3 $ 667.17 $ 470.65 $ 1,137.83 $ 22.76 $ 1,160.58 $1 150.06 4 4 $ 842.70 $ 627.54 $ 1,470.23 $ 19.40 $ 1,499.64 $1,486.35 4 5 $ 1,017.56 $ 784.42 $ 1,801.98 $ 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 $ 1268 $ 646.84 $ 640.56 $ 167.43 6 2 $ 575.18 $ 470.65 $ 1,045.83 $ 20.92 $ 1,066.75 $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 S 1,176.63 $ 2,629.66 $ 52.59 $ 2.682.25 $2,659.341 6 6 $ 1,723.98 $ 1,411.96 $ 3,135.94 $ 62.72 $ 3,198.65 $ 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 $ 2728 $ 1,391.47 $1,379.85 8 3 $ 1,037.17 $ 941.30 $ 1,978.48 $ 39.57 $ 2,018.05 $2,001.69 8 4 $ 1,339.63 S 1,255.07 $ 2,594.70 $ 51.89 $ 2,646.59 $ 2,625.47 6 5 $ 1,639.89 S 1,568.84 $ 3,208.73 $ 64.17 $ 3,272.90 $ 3.247.05 81 61 $ 1,943.99 $ 1,88261 $ 3,826.60 $ 76.53 $ 3,903.13 $ 3.872.48 RESTART FEE: $ 81.69 14 DEP Contract No. RM112, Attachment B, Page 14 of 16 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 $122.574193.60 40 Cubic Yards $149.78 $118.31 - $186.87 $155.17 $122.574193.60 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 15 of 16 SCHEDULE G RATE SCHEDULE FOR SERVICE DISTRICT NO. II BULK CONTAINER RATES FY2011 EFFECTIVE DATE: 1011/2010 RATES ARE PER MONTH 16C3 SIZE PER CU YARD FREQUENCY PER WEEK 1.67% 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 S 67.87 3 25.96 S 93.83 $ 1.88 $ 95.70 $ 94.63 $ 25.61 2 2 $ 132.73 $ 51.92 $ 184.65 $ 3.69 $ 188.34 $ 186.25 2 3 $ 165.90 $ 77.88 $ 243.78 S 4.88 $ 248.66 $ 246.04 2 4 $ 204.70 S 103.83 $ 308.54 $ 6.17 $ 314.71 $ 311.48 2 5 $ 233.74 $ 129.79 3 363.53 $ 7.27 $ 370.81 $ 367.12 2 6 S 256.38 3 155.75 $ 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 4 2 $ 196.07 $ 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 $ 259.58 $ 681.83 $ 13.64 $ 695.47 $ 688.81 4 6 $ 482.56 $ 311.50 $ 79406 $ 15.88 S 809.94 $ 802.33 6 1 S 188.50 $ 77.88 $ 266.38 $ 5.33 $ 271.71 S 268.73 $ 74.77 6 2 $ 278.98 $ 155.75 $ 434.73 $ 8.69 $ 443.43 $ 439.03 6 3 S 361.92 $ 233.63 $ 595.55 $ 11.91 $ 607.46 $ 601.75 6 4 $ 437.32 $ 311.50 $ 748.82 $ 14.98 S 763.80 $ 756.90 6 5 $ 505.17 $ 389.38 $ 894.54 $ 17.89 S 912.43 $ 904.47 6 6 $ 565.47 S 467.25 $ 1,032.72 $ 20.65 S 1.053.38 $ 1,044.46 8 1 $ 185.54 $ 103.83 $ 289.37 $ 5.79 $ 295.16 S 292.23 $ 98.47 8 -2-$ 331.74 $ 207.67 $ 539.40 $ 10.79 $ 550.19 $ 544.96 , 81 3 $ 467.47 $ 311.50 $ 778.97 $ 15.58 $ 794.55 $ 787.18 0 4 $ 615.23 $ 415.33 $ 1,030.56 $ 2061 $ 1,051.17 $ 1,041.47 8 5 $ 749.40 $ 519.17 $ 1,268.57 $ 25.37 $ 1,293.94 $ 1,282.13 8 6 $ 907.70 $ 623.00 $ 1,530.70 $ 30.61 $ 1561.32 $ 1,547.00 RESTART FEE' $ 79.84 16 DEP Contract No. FM 112, Attachment B, Page 16 of 16