Franchise Agreement (Waste Management Inc. of Florida)
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FRANCHISE AGREEMENT
BETWEEN
COlliER COUNTY
AND
WASTE MANAGEMENT INC. OF FLORIDA
FOR
SOLID WASTE, RECYCLABLE MATERIALS, AND
YARD TRASH COllECTION SERVICES
IDA
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Franchise Agreement for
Solid Waste, Recyclable Materials, and Yard Trash
Collection Services
TABLE OF CONTENTS
1 Definitions.. ..................................................................................................................... 2
2 Exclusive Franchise and Term...................................................................................... 10
2.1 Exclusive Franchise Granted............................................................................. 10
2.2 Term of Franchise Agreement........................................................................... 10
2.3 Renewal Option................................................................................................. 10
2.4 Termination of Collection Service Under Existing Agreement ............................11
3 Agreement Documents.. ..... ...... ..... ..... ...... ..... ...... ..... ..... ...... ..... ..... ................. ..... ..... .....11
3.1 Agreement Documents ......................................................................................11
3.2 Conflicts Between Agreement Documents......................................................... 11
4 Service District.............................................................................................................. 11
5 General Provisions........................................................................................................ 11
5.1 County Vision, Mission, and Value Statements...... ............................................ 11
5.2 General Description of Collection Services............................. ........................... 11
5.3 Transition Prior to Commencement Date........................................................... 12
5.4 Transition Prior to Expiration of this Agreement ................................................. 13
5.5 Hours and Days of Collection Service................................................................ 14
5.6 Routes and Schedules....................................................................................... 14
5.7 Changes to Routes and Schedules.................................................................... 14
5.8 Addition of New Customers to Customer List... .................................................. 15
5.9 Holidays............................................................................................................. 15
5.10 General Collection Procedures.......................................................................... 15
5.11 Mixing Loads of Materials .......................... ........................................................ 15
5.12 Non-Collection Procedures................................................................................ 16
5.13 Missed Collection Procedures............................................................................ 17
5.14 Protection of Private and Public Property........................................................... 17
5.15 Access to Streets and Collection Containers .....................................................18
5.16 Designated Sites................................................................................................ 18
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5.17 Spillage and Litter.............................................................................................. 19
5.18 Exempt Materials............................................................................................... 19
5.19 Safety Program.................................................................................................. 20
5.20 Collection Plan................................................................................................... 21
5.21 Ownership of Solid Waste and Program Recyclables ........................................21
5.22 Compaction of Program Recyclables ..... ...... ..... ..... ..... .... ............ ........... ..... .......21
5.23 Sale of Program Recyclables ..... ...... ...... ..... ..... ..... ..... ..... ............ ..... ..... ..... ........22
5.24 Disposal of Recyclable Materials....................................................................... 22
6 Set Out Procedures....................................................................................................... 23
6.1 Residential Customers....................................................................................... 23
6.2 Commercial Customers..................................................................................... 23
6.3 Residential and Commercial Customers................... .........................................23
7 Residential Collection Service....................................................................................... 24
7.1 Basic Collection Service and Collection F req uency ........................................... 24
7.2 Supplemental Collection Services...................................................................... 25
8 Multi-Family Collection Service...................................................................................... 26
9 Commercial Collection Service...................................................................................... 26
9.1 Basic Collection Service and Collection Frequency ...........................................26
9.2 Supplemental Collection Services ...... ..... ..... ................. ..... ..... ..... ..... ........... ......27
9.3 Commercial Recycling Services......................................................................... 27
9.4 Contract for Collection Service........................................................................... 27
9.5 Termination of Commercial Collection Service........................ ........................... 28
10 Collection Containers.................................................................................................... 29
10.1 Provision of Containers...................................................................................... 29
10.1.1 Curbside Containers.............................................................................. 29
10.1.2 Recycling Carts...................................................................................... 29
10.1.3 Commercial Containers.......................................................................... 30
10.2 Ownership of Containers................................................................................... 30
10.3 Technical Specifications for Containers. ..... ..... ..... ..... ............ ..... ..... ..... ..... ........30
10.4 Delivery of Containers........................................................................................ 32
10.5 Maintenance of Containers ... ........... ..... ..... ..... ................ ..... ..... ..... ...... .............. 32
10.6 Repair and Replacement of Containers............................................................. 33
10.7 Storage of Recycling Bins.................................................................................. 33
11 Vehicles and Equipment................................................................................................ 33
11.1 General Provisions............................................................................................ 33
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11.2 Ancillary Equipment..................................................................................... ......34
11.3 Reserve Vehicles and Equipment ................ ..... ..... ..... ..... ..... ................. ...... ...... 35
11.4 Maintenance and Condition............................................................................... 35
11 .5 Identification ...................................................................................................... 35
11.6 Compliance with the Law...................................................................... .............36
11.7 County's Right to Inspect Vehicles..................................................................... 36
11.8 Storage and Repair............................................................................................ 36
12 Employees and Supervisors.......................................................................................... 36
12.1 District Manager................................................................................................. 36
12.2 Field Supervisor................................................................................................. 37
12.3 Employee Conduct........................................... .................................................37
12.4 Employee Appearance and Identification........................................................... 37
12.5 Removal of Employees.. ..... ...... ..... ...... ...... ..... ..... ..... ..... ..... ..... ................. .........37
12.6 Employee Training and Licenses....................................................................... 37
13 Local Office................................................................................................................... 37
14 Handling of Complaints................................................................................................. 38
15 Customer Dispute Resolution........................................................................................ 39
16 Record Keeping and Reporting..................................................................................... 39
16.1 Record Keeping................................................................................................. 39
16.1.1 Equipment Maintenance Log.................................................................. 39
16.1.2 Non-Collection Notice Log..................................................................... 39
16.1.3 Legitimate Complaint Log .. ...... ..... ..... ...... ..... ..... ..... ...... ...... ..... ..... .........39
16.1.4 Program Recyclables Log...................................................................... 40
16.1.5 White Goods Log................................................................................... 40
16.1.6 Tire Collection Log................................................................................. 40
16.1.7 Bulk Waste Log...................................................................................... 40
16.1.8 Electronic Equipment Log ......................................................................40
16.2 Monthly Report.................................................................................................. 40
16.3 Annual Report................................... ................................................................. 42
16.4 Other Reports, Documents and Notifications............................................ ......... 42
16.4.1 Residential Recycling Participation Report............................................. 42
16.4.2 Updates to Safety Plan.......................................................................... 42
16.4.3 Accidents and Property Damage............. ..... ..... .... ....................... ..... ..... 43
16.5 General Record Keeping and Reporting Requirements .....................................43
17 Education, Promotion and Public Awareness................................................................44
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17.1 Participation in County Activities.................................................................,...... 44
17.2 Usage of County Themes and Logos..................... ..... ....... ................................44
17.3 Distribution of Information with Recycling Containers...................................... ..44
17.4 Distribution of I nformation to Commercial Customers........................................44
17.5 Production and Distribution of Promotional and Educational Material ................44
17.6 Public Notices Concerning Changes in Collection Services ...............................45
18 Changes to Services...................,................................................................................. 45
18.1 Addition or Deletion of Recyclable Materials......................................................45
18.2 Recycling Facility in Collier County ....................................................................45
18.3 Provision of Service Upon Termination ..............................................................46
18.4 Collection and Processing of Commercial Organics... ...... ...... ..... ..... ..... .............46
19 Additional Services..............................................,......................................................... 47
19.1 Commercial Waste Reduction.. ..... ..... ...... ..... ...... ..... ..... ...... ..... ............ ..... ..... .... 47
19.2 Community Service............................................................................................ 47
19.3 Pilot Studies............................................................,.......................................... 48
19.4 Electronic Equipment......................................................................................... 48
20 Emergency Situations and Disaster Debris.................................,.....,....................,....... 49
20.1 Use of Contractor Services.......................,.................,...................................... 49
20.2 Variance in Routes and Schedules ....................................................................49
20.3 Contingency Plan............................................................................................... 49
20.4 Emergency Management/Disaster Meetings...................................................... 50
21 Insurance.......................................................................,.............................................. 50
21.1. Requirements for Insurance Carriers................................................................. 50
21.2 Workers Compensation Insurance ..... ..... ..... ...... ..... ...... ..... ...... .... ..... ............ .....50
21.3 Commercial General Liability............................................................................. 50
21.4 Automobile Liability............................................................................................ 50
21 .5 Umbrella Liability ............................................................................................... 50
21.6 Hazardous Waste Insurance.............................................................................. 51
21.6.1 Contractor's Pollution Liability................................................................ 51
21.6.2 Asbestos Liability....,..............................,............................................... 51
21.6.3 Hazardous Waste Disposal.................................................................... 51
21.6.4 Hazardous Waste Transportation...... ..... ..... ...... ..... ..... ..... ............ ..... .....51
21.6.5 Certificates of Insurance........................................................................ 51
21.7 General Insurance Requirements...................................................................... 51
22 Performance Bond ........................................................................................................ 52
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23 Assignment and Subletting............................................................................................ 53
24 Transfer of Ownership................................................................................................... 53
25 Payment for Services and Administrative Fees............................................................. 54
25.1 Prohibitions on Payments.................................................................................. 54
25.2 County's Obligation to Pay for Residential Collection Service ............. ...............54
25.3 Procedure for Payment of Residential Service................................................... 54
25.4 Adding New Residential Customers.. ...... ..... ...... ..... ...... ,..... ..... ..... ...., ..... ...........54
25.5 Removing Residential Customers ..... ..... ...... ..... ....., ...... ...... ......... ..... ..... ...... ......54
25.6 Overpayments and Underpayments for Residential Service ..............................55
25.7 Payments for Commercial Service..................................................................... 55
25.8 County Billings for Commercial Service ..... ..... ...... ...... ...... ..... ..... ...... ..... ,.... .......55
25.9 Administrative Fees..................................................,.....,.................................. 55
26 Rates.................. ........... ..... .... . .... . ..... ..... ........... ............................ ........... . .... ..... ..... ... 56
26.1 Standard Rates..........................................,...........................,........................... 56
26.2 Special Rates for Emergency Situations and Disaster Debris ............................56
27 Rate Adjustment............................................................................................................ 57
27.1 Annual CPI Adjustments to Collection Rates..................................................... 57
27.2 Adjustments to Commercial Disposal Rates ......................................................57
27.3 Changes Imposed by Law................................................................................. 58
27.4 Extraordinary Rate Adjustment.......................................................................... 58
27.5 Rate Red uctions ............ .... . ..... ..... ..... ........... ..... ...... . ..... ..... . .... . ........... ..... ..... .... 59
28 Liquidated Damages...............................................,..................................................... 59
28.1 Basis for Liquidated Damages............................................................,.............. 59
28.2 Procedure for Assessing Liquidated Damages ..................................................61
29 Events of Termination................................................................................................... 62
29.1 Failure to Fulfill Obligations of Agreement..........................................................62
29.2 Insolvency of Contractor...............................,.................................................... 63
29.3 Repeat Violations of Agreement ................... ........... ........... ..... ..... ..... ..... ........... 63
30 Dispute Resolution Process.......................................................................................... 63
31 Operations During a Dispute......................................................................................... 65
32 Waiver .......................................................................................................................... 65
33 Notices and Communications to Director and District Manager ....................................65
34 Permits and License...................................................................................................... 66
35 Compliance with Laws and Regulations .. ..... ..... ..... ..... ..... ....................... .... ..... ..... ..... ... 66
36 Equal Opportunity Employment..................................................................................... 66
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37 Indemnification and Hold Harmless............................................................................... 66
38 Employee Status........................................................................................................... 67
39 Severability.................................................................................................................... 67
40 Force Majeure............................................................................................................... 67
40.1 Inability to Perform........................................................... .................................. 67
40.2 Events of Force Majeure....,...............................................................,............... 68
40.3 Written Notification........................................................................,.................... 68
41 Governing Law and Venue............................................................................................ 68
42 Modification to the Agreement....................................................................................... 68
42.1 County Power to Modify..................................................................................... 68
42.2 Changes in Law................................................................................................. 69
43 Independent Contractor................................................................................................. 69
44 All Prior Agreements Superseded.....................,........................................................... 69
45 Headings..................................................................................,.................................... 69
46 Survivability.......................................................,........................................................... 69
47 Fair Dealing............. ....................................... ............................................................... 69
48 Sovereign Immunity...........,.........,................................................................................. 70
49 Construction of Agreement............................................................................................ 70
50 Terms Generally.................................................................................,.......................... 70
51 Remedies Not Exclusive................................................................................................ 70
Exhibit I(A)
Exhibit I(B)
Exhibit II
Exhibit III(A)
Exhibit III(B)
Exhibit IV
Exhibit V(A)
Exhibit V(B)
Exhibit VI
Exhibit VII
Exhibit VIII
Rates for Residential and Commercial Collection Service
Rates for Supplemental Residential and Commercial Collection Service
Procedure for Calculating Adjustments to Residential and Commercial Rates
Service Area Legal Description - Service District I
Service Area Legal Description - Service District II
Map of Service Districts I and II
Performance Bond for Franchise Agreement
Procedure for Calculating Performance Bond Requirement
Materials Acceptance Protocol
Monthly Residential Collection Tonnage
Collier County Vision, Mission, and Values
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Franchise Agreement for
Solid Waste, Recyclable Materials, and Yard Trash
Collection Services
This Franchise Agreement ("Agreement") for Solid Waste, Recyclable Materials, and Yard Trash
Collection Services is made and entered into this fi../-1" day of FEt3l2u/l1;} '1 '
2005, by and between Collier County, a political subdivision of the State of Florida (hereinafter
referred to as "County"), and Waste Management Inc. of Florida (hereinafter referred to as the
"Contractor").
WIT N E SSE T H:
WHEREAS, Sections 125.01 (1) and Chapter 403, Florida Statutes, grant the Board of County
Commissioners of Collier County (the "Board") the authority to regulate Solid Waste Collection
and disposal services in the County; and
WHEREAS, Chapter 403, Florida Statutes, grants the Board the authority to implement a
comprehensive recycling program; and
WHEREAS, the Contractor has sufficient resources to provide the Collection Services sought by
the County; and
WHEREAS, the Contractor currently provides satisfactory Collection Services for the County
pursuant to another agreement; and
WHEREAS, the County desires to use the Contractor's services and the Contractor desires to
provide Collection Services, subject to the terms and conditions contained in this Agreement;
and
WHEREAS, the Board finds that granting an exclusive franchise for Collection Services is in the
public interest, and protects the public health, safety, and general welfare of those to be served
by the Contractor, and that the Contractor should be granted an exclusive franchise for the
Collection Services required by this Agreement.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
contained herein, the County and the Contractor mutually undertake, promise and agree for
themselves, their successors and assigns that they shall be bound by and shall strictly comply
with the following provisions of this Agreement:
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1 Definitions
For the purposes of this Agreement, the definitions contained in this Section 1 shall apply unless
otherwise specifically stated. If a word or phrase is not defined in this Section 1, the definition of
such word or phrase in the Code of Laws and Ordinances of Collier County, Florida, shall apply.
1.1 Agreement: this Franchise Agreement for Solid Waste, Recyclable Materials, and
Yard Trash Collection Services.
1.2 Agreement Year: twelve (12) consecutive months, beginning on the
Commencement Date (October 1, 2005), and every twelve (12) months thereafter for
the term of this Agreement.
1.3 Applicable Law: any local, state or federal statute, law, constitution, charter,
ordinance, judgment, order, decree, permit, rule, regulation, directive, policy,
standard or similar binding authority, or a judicial or administrative interpretation of
any of the same, which are in effect or are enacted, adopted, promulgated, issued or
enforced by a governmental body during the term of this Agreement, and relate in
any manner to the performance of the County or Contractor under this Agreement.
1.4 Audited Financial Statement: a collection of the following as they are defined by
the American Institute of Certified Public Accountants: accountants' report (opinion),
balance sheet, profit/loss statement, changes in financial position/cash flow
statement, notes to the financial statement, accountants' report on supplemental
information, and supplemental information.
1.5 Back Door Service: the Collection of Solid Waste or Recyclable Materials on a
Residential Customer's property at a location that is not Curbside.
1.6 Biological Waste: those wastes that cause or have the capability of causing disease
or infection including, but not limited to, Biomedical Waste, diseased or dead
animals, and other wastes capable of transmitting pathogens to humans or animals.
This term does not include human remains that are disposed of by Persons licensed
under Chapter 470, Florida Statutes.
1.7 Biomedical Waste: any solid or liquid waste which may present a threat of infection
to humans, including non-liquid tissue, body parts, blood, blood products, and body
fluids from humans and other primates; laboratory and veterinary wastes which
contain human disease-causing agents; and discarded sharps. The following are
also included:
(a) used absorbent materials saturated with blood, blood products, body fluids, or
excretions or secretions contaminated with visible blood;
(b) absorbent materials saturated with blood or blood products that have dried; and
(c) non-absorbent, disposable devices that have been contaminated with blood, or
body fluids or secretions or excretions visibly contaminated with blood, if the devices
have not been treated by an approved method.
1.8 Board: the Board of County Commissioners of Collier County, Florida.
1.9 Bulk Waste: any large discarded household item that cannot be placed in a
Curbside Container because of its size, volume, shape or weight. Bulk Waste
includes, but is not limited to, sofas, tables, sinks, toilets, other fixtures, furniture,
ladders, and carpet. Bulk Waste does not include White Goods, Electronic
Equipment, or Extraordinary Waste.
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1.10 Certificate of Occupancy: a document issued by the County certifying that a newly
constructed building has been constructed in compliance with County specifications
and is suitable for use.
1.11 Collection: the process of picking up, transporting, and dropping off Residential
Waste and Commercial Waste at the Designated Sites; or the process of picking up,
transporting, and dropping off Exempt Materials at a licensed disposal site or
Recycling Facility.
1.12 Collection Containers: Curbside Containers, Commercial Containers, Recycling
Bins, Recycling Carts, and/or Commercial Recycling Containers.
1.13 Collection Plan: the document prepared by the Contractor and submitted to the
Director that describes how the Contractor will provide Collection Service in
accordance with the provisions of this Agreement.
1.14 Collection Service: Residential Collection Service and/or Commercial Collection
Service.
1.15 Commencement Date: October 1, 2005, which is the date when the Contractor shall
begin providing Residential Collection Service and Commercial Collection Service
pursuant to the requirements of this Agreement.
1.16 Commercial Collection Service: (a) the Collection of Commercial Waste from
Commercial Customers; (b) the Collection of Commercial Recyclables, if the
Contractor has a contract with the Commercial Customer for such service; and (c)
the Collection of Residential Waste from a Person that occupies a Multi-Family
Residence, uses a Commercial Container, and does not receive Collection Service
at Curbside.
1.17 Commercial Container: a dumpster, roll-off container, compactor, or other
container, except a Roll Cart, that is approved by the Director for the Collection of
Solid Waste or Recyclable Materials from Commercial Customers.
1 .18 Commercial Customer: Any Person that uses the Contractor's services for the
Collection of Commercial Waste.
1.19 Commercial Lawn Care Service: a Person that provides lawn and garden
maintenance services for remuneration. This definition includes landscapers.
1.20 Commercial Organics: Organic Waste that is segregated from Commercial Waste
for recycling or other beneficial uses.
1.21 Commercial Real Property: real property located in Service District I that is not
classified as Residential Real Property. Commercial Real Property includes property
used primarily for: (a) commercial purposes, such as hotels, motels, stores,
restaurants, theaters, service stations, and recreational vehicle parks; (b) institutional
purposes, such as governmental offices, churches, hospitals, and schools; and (c)
not-for-profit organizations. Commercial Real Property shall not include
commercially zoned property that is used primarily for residential purposes. Vacant
land, not classified as Improved Real Property, shall be deemed Commercial Real
Property.
1.22 Commercial Recyclables: Recyclable Materials generated by Commercial
Customers.
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1.23 Commercial Recycling Container: a dumpster, roll-off container, compactor, or
other container, approved by the Director for the Collection of Recyclable Materials
from Commercial Customers.
1.24 Commercial Supplemental Collection Services: services that are provided by the
Contractor to Commercial Customers, but are not included in the Rate for
Commercial Collection Service.
1.25 Commercial Waste: Garbage and Rubbish generated upon Commercial Real
Property or Industrial Real Property. Commercial Waste includes Commercial
Recyclables collected from a Customer that has a contract with Contractor for the
Collection of such materials.
1.26 Commercial Yard Trash: Yard Trash generated upon a Commercial Customer's
Commercial Real Property or Industrial Real Property. Yard Trash collected by a
Commercial Lawn Care Service is not Commercial Yard Trash.
1.27 Construction and Demolition (C&D) Debris: discarded materials generally
considered to be not water soluble and non-hazardous in nature, including, but not
limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum
wallboard, and lumber, resulting from the construction, destruction, or renovation of a
structure, and including rocks, soils, tree remains, trees, and other vegetative matter
that normally results from land clearing or land development operations for a
construction project.
1.28 Contingency Plan: the Contractor's plan for avoiding an interruption in Collection
Service in the event that an emergency or other situation renders the Contractor's
operations yard or equipment unusable.
1.29 Contractor: Waste Management Inc. of Florida.
1.30 County: depending on the context, either the unincorporated areas of Collier
County, Florida, or the Collier County government, including its officers, agents and
employees.
1.31 Curbside: a location within three (3) feet of the curb, pavement, or edge of the
nearest street. If this location is in a drainage ditch, Curbside shall mean a location
adjacent to the Customer's driveway, as close as possible to the nearest roadway.
1.32 Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two
handles on the sides, and with or without wheels; (b) Roll Carts; and (c) a plastic bag
sufficient in strength for handling by the Contractor, provided the bag is closed and
unbroken at the time of Collection.
1.33 Customer: any Person that uses the Contractor's Collection Service under this
Agreement. A Customer shall be a Commercial Customer or Residential Customer.
1.34 Customer Base: the number of Residential Customers and/or Commercial
Customers used in an Agreement Year to establish Rates, charges, or fees under
this Agreement.
1.35 Customer List: a list compiled by the County of the Residential Customers that are
entitled to Residential Collection Service from the Contractor.
1.36 Day: a calendar day, except Sundays and Holidays.
1.37 Department: the County department to which the Manager assigns the responsibility
of administering this Agreement.
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1.38 Designated Site(s): any real property or facility designated by the Manager for the
receipt, disposal or processing of Residential Waste, Commercial Waste, Recyclable
Materials, or other materials.
1.39 Director: the Director of the County's Department or the Director's designee.
1.40 Disaster Debris: debris that is produced or generated by declared, natural or
manmade disasters, and is placed Curbside by Residential Customers, including but
not limited to Yard Trash, Construction and Demolition Debris, Bulk Waste, and
White Goods.
1.41 Disaster Debris Contract: the contract entered into by the County and a contractor
to provide for the removal, hauling, disposal, and recycling of Disaster Debris.
1.42 District Manager: the Person designated by the Contractor to be the Contractor's
official representative regarding matters pertaining to this Agreement.
1.43 Dwelling Unit: a room or rooms constituting a separate, independent establishment
with cooking facilities/kitchen, a separate entrance, and bathroom facilities, and
physically separated from any other rooms or Dwelling Units which may be in the
same structure or in separate structures. A hotel or motel room is not a Dwelling
Unit.
1.44 Effective Date: the date when this Agreement is signed and duly executed by the
Board or its designee, which shall occur after the Agreement is signed and duly
executed by the Contractor.
1.45 Electronic Equipment: electronic devices that have been discarded, including, but
not limited to, computers, monitors, televisions, cathode ray tubes, printers,
scanners, fax machines, and telephones.
1.46 Exempt Materials: materials that are exempt from the Contractor's exclusive
franchise under this Agreement.
1.47 Extraordinary Wastes: wastes that require extraordinary management, including,
but not limited to: abandoned automobiles; boats; tree trunks greater than four (4)
feet in length, four (4) inches in diameter and fifty (50) pounds in weight; dead
animals; agricultural and industrial wastes; Biomedical Waste; Biological Waste;
Radioactive Waste; and Hazardous Waste.
1.48 Fair Market Value: the price for which an item would sell on the open market if put
up for sale, based on comparable sales of similar items.
1.49 Franchise Agreement: the written authority granted by the Board to provide
Collection Services in unincorporated Collier County and the incorporated areas of
the City of Marco Island.
1.50 Garbage: all kitchen and table food waste, and animal or vegetative waste that is
attendant with or results from the storage, preparation, cooking, or handling of food
materials.
1.51 Hazardous Waste: Solid Waste, or a combination of Solid Wastes, which because
of its quantity, concentration, chemical or physical characteristics, may cause or
significantly contribute to an increase in mortality or an increase in serious
irreversible or incapacitating reversible illness or may pose a substantial present or
potential hazard to human health or the environment when improperly transported,
disposed of, treated, or otherwise managed. Hazardous Waste includes any
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material or substance identified as a hazardous waste or hazardous substance in the
Florida Administrative Code, Florida Statutes, or other Applicable Law.
1.52 Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any other
holiday approved by the Director.
1.53 Improved Real Property: any cleared, graded or drained real property upon which a
building or structure is erected and occupied or capable of being occupied (Le., a
County Certificate of Occupancy has been issued) for residential, commercial,
institutional or industrial use. Improved Real Property includes but is not limited to
recreational vehicle park lots contained within parks designated as mobile home
parks by the County Health Department.
1.54 Industrial Real Property: real property, not classified as Residential Real Property,
where a Person is engaged in manufacturing, or processing raw materials, or altering
or modifying a product for the purpose of producing a usable or finished product, and
such Person generates Solid Waste as a by-product of their activities.
1.55 Land Clearing Debris: the uprooted trees, bushes, vegetation, and other
abandoned materials resulting from a land clearing operation.
1.56 Legitimate Complaint: any complaint where the Director determines that the
applicable requirements of this Agreement concerning the Set Out and Collection of
Solid Waste, Program Recyclables, or Yard Trash were satisfied by the Customer,
but not the Contractor.
1.57 Load: any material, including but not limited to Solid Waste and Program
Recyclables, that is collected in Contractor's vehicle or transported from one location
to another by Contractor's vehicle.
1.58 Manager: the County Manager of Collier County, Florida, or the Manager's
designee.
1.59 Materials Acceptance Protocol (MAP): the documents identifying the Program
Recyclables to be collected and transported under this Agreement, as well as
standards that govern the Set Out and Collection of Program Recyclables. The MAP
is contained in Exhibit VI.
1.60 Materials Recovery Facility (MRF): a Solid Waste management facility that
provides for the extraction from Solid Waste of Recyclable Materials, materials
suitable for use as a fuel or soil amendment, or any combination of such materials.
1.61 Missed Collection: any occasion when the Contractor does not provide Collection
Service to a Customer in accordance with the provisions of this Agreement.
1.62 Multi-Family Residence: a group of three or more Dwelling Units within a single
building, attached side-by-side or one above another, wherein each Dwelling Unit is
individually owned or leased on land which is under common or single ownership.
1.63 Non-Collection Notice: a durable tag or sticker placed on a container or material
that has not been Set Out for Collection by a Customer in accordance with the
requirements of this Agreement.
1.64 Non-Conforming Material: any material that is Set Out for Collection in a Recycling
Container, but is not a Recyclable Material.
1.65 Non-Program Recyclables: Recyclable Materials that are not Program
Recyclables, but are segregated from other materials in the Waste Stream.
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1.66 Ordinance(s): the Code of Laws and Ordinances of Collier County, Florida.
1.67 Organic Waste: Garbage other similar putrescible Solid Waste, including source
separated food waste and food-soiled paper. Organic Waste does not include Yard
Trash.
1.68 OSHA: the Occupational Safety and Health Act, as amended, and all implementing
regulations.
1.69 Performance Bond: the bond provided by the Contractor to the County to secure
the Contractor's performance under this Agreement.
1.70 Person: any and all persons, natural or artificial, including any individual, firm,
partnership, joint venture, or other association, however organized; any municipal or
private corporation organized or existing under the laws of the State of Florida or any
other state; any county or municipality; and any governmental agency of any state or
the federal government.
1.71 Premises: Improved Real Property.
1.72 Private Hauler: any Person engaged in the business of collecting and transporting
Commercial Recyclables.
1.73 Program Recyclables: Recyclable Materials that have been designated by the
Board for Collection from Residential and/or Commercial Customers, and are
segregated from other materials in the Waste Stream.
1.74 Radioactive Waste: any equipment or materials that are radioactive or have
radioactive contamination, and are required by law to be stored, treated, or disposed
of as radioactive waste.
1.75 Rates: Board-approved amounts to be charged for Residential Collection Service,
Residential Supplemental Collection Service, Commercial Collection Service, and
Commercial Supplemental Collection Service.
1.76 Recovered Material: metal, paper, glass, plastic, textile, or rubber materials that
have known recycling potential, can be feasibly recycled, and have been diverted
and source separated or have been removed from the Waste Stream for sale, use,
or reuse as raw materials, whether or not the materials require subsequent
processing or separation from each other, but does not include materials destined for
any use that constitutes disposal. Recovered Materials as described above are not
Solid Waste. Recovered Material does not include any material or substance that
does not fit within one of the six categories described in this definition (metal, paper,
glass, plastic, textile, or rubber).
1.77 Recovered Materials Processing Facility (RMPF): a facility engaged solely in the
storage, processing, resale, or reuse of Recovered Materials.
1.78 Recyclable Materials: materials which are capable of being recycled and which
would otherwise be processed or disposed of as Solid Waste. This term
encompasses Program Recyclables and Non-Program Recyclables.
1.79 Recycling Bin: eighteen (18) gallon green bins, hot-stamped or stenciled with
information approved by the Director, and used for the Collection of Program
Recyclables from Residential Customers.
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1.80 Recycling Cart: a heavy-duty plastic container that is mounted on two wheels,
complies with the specifications in Section 10.3 herein, and is used for the Collection
of Recyclable Materials.
1.81 Recycling Container: any container approved by the Director for the Collection of
Program Recyclables, including but not limited to Recycling Bins, Recycling Carts
and Commercial Recycling Containers.
1.82 Recycling Facility: any facility that recycles discarded materials, including, but not
limited to any MRF, RMPF, buy-back center, drop-off center (permanent or mobile),
and Recyclable Materials processing facility.
1.83 Recycling Program: all aspects of the County's program for the Collection,
transportation, processing, marketing and handling of Recyclable Materials, including
educational activities, technical projects, compliance monitoring, and enforcement.
1.84 Rejects: non-Recyclable Materials, other than Residue, that are collected by the
Contractor with Recyclable Materials.
1.85 Residential Collection Service: the Collection of Residential Waste from
Residential Customers.
1.86 Residential Customer: a Person who occupies Residential Real Property located
within the Contractor's Service District. Residential Customers include those
Customers that occupy a Multi-Family Residence and receive Commercial Collection
Service.
1.87 Residential Program Recyclables: Program Recyclables generated by Residential
Customers.
1.88 Residential Real Property: Improved Real Property that is located in Service
District I and used for residential purposes, including, but not limited to: single family
residences; duplex apartments; apartment buildings; recreational vehicle lots
contained within mobile home parks; recreational vehicles; mobile homes;
condominium units; cooperatives established pursuant to Chapter 719, Florida
Statutes; time-share apartments; leased residential Premises of the classes
described above, whether occupied or not; and Premises occupied as a residence
located in or upon commercially zoned real property; provided, however, that where
property is used exclusively as a recreational vehicle park, as defined in Section
513.01 (10), Florida Statutes, such property shall be deemed Commercial Real
Property.
1.89 Residential Supplemental Collection Services: any service provided to a
Residential Customer by the Contractor that is not included in the Residential
Collection Service funded by the County's Special Assessment and provided to all
Residential Customers pursuant to Section 7.1 of this Agreement.
1.90 Residential Waste: Garbage, Rubbish, Yard Trash, Program Recyclables, Bulk
Waste, and White Goods generated by a Residential Customer upon the Customer's
Residential Real Property.
1.91 Residential Yard Trash: Yard Trash that is generated upon a Residential
Customer's Residential Real Property. Yard Trash collected by a Commercial Lawn
Care Service is not Residential Yard Trash.
1.92 Residue: the portion of the Recyclable Materials accepted at a Recycling Facility
that is not converted to Recovered Materials due to spoilage, breakage,
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1.94
1.95
1.96
1.97
1.98
1.99
1.100
1.101
1.102
1.103
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contamination, or transportation or processing inefficiencies. Residue does not
include Rejects.
Roll Cart: a heavy-duty plastic container that is mounted on two wheels, complies
with the specifications in Section 10.3 herein, and is used for the Collection of
Garbage and Rubbish.
Rubbish: waste materials, other than Garbage, resulting from normal housekeeping
activities on Residential Real Property and Commercial Real Property. Rubbish
includes but is not limited to discarded trash, paper, plastic, bottles, cans and similar
materials.
Service Area: the combined areas of Service Districts I and II.
Service District I: the unincorporated area of the County to be served by the
Contractor pursuant to this Agreement, plus the incorporated areas of the City of
Marco Island. Service District I encompasses the area that is described in Exhibit
I II (A) and depicted in Exhibit IV.
Service District II: the unincorporated area of the County that will receive Solid
Waste Collection Service from a Person other than the Contractor. Service District II
is described in Exhibit III(B) and depicted in Exhibit IV.
Set Out: the proper preparation and placement of Solid Waste and Program
Recyclables for Collection at a Customer's Premises, in accordance with the
requirements in this Agreement and the County's Ordinances.
Sludge: the accumulated solids, residues, and precipitates generated as a result of
waste treatment or processing, including wastewater treatment, water supply
treatment, or operation of an air pollution control facility, and mixed liquids and solids
pumped from septic tanks, grease traps, privies, or similar waste disposal
appurtenances.
Solid Waste: Sludge unregulated under the federal Clean Water Act or Clean Air
Act, Sludge from a waste treatment works, water supply treatment plant, or air
pollution control facility, or Garbage, Rubbish, refuse, Special Waste, or other
discarded material, including solid, liquid, semi-solid, or contained gaseous material
resulting from domestic, industrial, commercial, mining, agricultural or governmental
operations. Solid Waste includes but is not limited to Biological Waste, Biomedical
Waste, Bulk Waste, C&D Debris, Commercial Waste, Disaster Debris, Electronic
Equipment, Garbage, Hazardous Waste, Land Clearing Debris, Organic Waste,
Radioactive Waste, Recyclable Materials (until they are recycled), Rejects,
Residential Waste, Residue, Rubbish, Special Waste, Tires, White Goods and Yard
Trash.
Special Assessment: the non-ad valorem assessment that is levied upon certain
real property in unincorporated Collier County and used to provide funding for the
County's Solid Waste management program.
Special Waste: Solid Waste that can require special handling and management,
including, but not limited to, White Goods, Tires, used oil, lead-acid batteries,
Construction and Demolition Debris, ash residue, Yard Trash, Biological Waste,
Hazardous Waste, and Biomedical Waste.
Supplemental Collection Service: Residential Supplemental Collection Service
and Commercial Supplemental Collection Service.
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1.104 Tipping Fee: the fee charged for the disposal or processing of Solid Waste or
Recyclable Materials at a Designated Site.
1.105 Tires: discarded automotive tires, including rims, but excluding tires that exceed 25
inches in diameter.
1.106 Transition Period: the period of time between the Effective Date and the
Commencement Date.
1.107 Transition Plan: a document describing in detail the activities that will be
undertaken and the schedule that will be followed to successfully implement the
Contractor's Collection Service under this Agreement on the Commencement Date.
1.108 Unintentional Damage: damage caused to containers by an act unlikely, in normal
circumstances, to result in said damage. Unintentional Damage includes but is not
limited to cases where the wheels of a container fall off or break when the container
is handled in the same manner as other containers of the same type.
1.109 Waste Stream: Garbage, Rubbish, Recyclable Materials, Yard Trash, Construction
and Demolition Debris, and other types of Solid Waste.
1.110 White Goods: large discarded appliances, including but not limited to, refrigerators,
ranges, washing machines, clothes dryers, water heaters, freezers, microwave
ovens, and air conditioners.
1.111 Yard Trash: vegetative matter resulting from landscaping maintenance, including,
but not limited to shrub and tree trimmings, grass clippings, palm fronds, branches
and stumps. However, such items shall not be considered Yard Trash if they are
collected by a Commercial Lawn Care Service.
2 Exclusive Franchise and Term
2.1 Exclusive Franchise Granted
Subject to the conditions and limitations contained in this Agreement, the Contractor
is hereby granted an exclusive franchise to provide Residential Collection Service
and Commercial Collection Service within Service District I. No other services shall
be exclusive to the Contractor under this Agreement. Among other things, the
Contractor's franchise does not include Collection of the Exempt Materials identified
in Section 5.18 of this Agreement.
2.2 Term of Franchise Aqreement
This Agreement shall take effect and be binding upon the parties from the Effective
Date until terminated. The Contractor's Collection Service under this Agreement
shall commence on October 1, 2005, which is the Commencement Date. The term
of this Agreement shall be eight (8) years, beginning on the Commencement Date
and ending at 11 :59 pm on September 30, 2013, unless this Agreement is
terminated earlier or extended.
2.3 Renewal Option
This Agreement may be renewed by the County for two (2) additional terms of seven
(7) years each, unless the Contractor gives written notice to the Manager that the
Contractor is not willing to renew this Agreement and such notice is delivered at least
two (2) years before the expiration of the then current term of this Agreement.
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2.4 Termination of Collection Service Under Existinq Aqreement
The Contractor currently provides services to the County pursuant to a Solid Waste
Collection Service Agreement ("Existing Agreement") dated June 12, 1990, as
amended. The Existing Agreement provides that it shall terminate on September 30,
2006. Notwithstanding the provisions in the Existing Agreement, the Contractor and
County agree that the Contractor's obligation to provide Collection Service under the
Existing Agreement shall terminate on October 1, 2005. Thereafter, the Contractor
shall provide Collection Service in accordance with the terms and conditions
contained in this Agreement.
3 Agreement Documents
3.1 Aqreement Documents
The Agreement documents, which comprise the entire Agreement between the
County and Contractor, shall be attached to this Agreement and made a part hereof.
On the Effective Date, the Agreement documents shall consist of the following:
. This Agreement
. The Exhibits to this Agreement: Exhibit I through Exhibit VIII
Thereafter, the Agreement shall be supplemented with the following:
. The Performance Bond and Insurance Certificates
. Any amendments to this Agreement that are approved by the Board and
Contractor
There are no Agreement documents other than those listed above.
3.2 Conflicts Between Aqreement Documents
In the event of a conflict between this Agreement and the provisions of any exhibit,
the provision of this Agreement shall control.
4 Service District
During the term of this Agreement, the Contractor shall provide Collection Service to all
Customers within Service District I. The legal descriptions of Service Districts I and II are
provided in Exhibits III(A) and III(B), respectively. A map of the Service Districts is provided
in Exhibit IV.
5 General Provisions
5.1 County Vision, Mission, and Value Statements
Contractor agrees to uphold and promote the Vision, Mission, and Value Statements
of Collier County, which are contained in Exhibit VIII.
5.2 General Description of Collection Services
5.2.1 Except as otherwise provided herein, Contractor shall provide Collection
Service for all of the Residential Waste and Commercial Waste generated
by each Customer in Service District I.
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5.2.2 Except as otherwise provided herein, all Improved Real Property within
Service District I shall receive either Residential Collection Service or
Commercial Collection Service.
5.2.3 Contractor shall deliver all of the Residential Waste and Commercial Waste
collected pursuant to this Agreement to the Designated Sites, in compliance
with the requirements of this Agreement and the Ordinance.
5.3 Transition Prior to Commencement Date
Contractor is responsible for ensuring a smooth transition in the Collection Service
provided to Residential Customers and Commercial Customers on the
Commencement Date. No later than March 15, 2005, Contractor shall submit to the
Director a Transition Plan that contains a detailed description of how the Contractor
will plan and prepare for the provision of Collection Service under this Agreement.
The Transition Plan is subject to the approval of the Director. At a minimum,
Contractor must address the following specific performance requirements in the
Transition Plan and accomplish them according to the following deadlines:
By April 1, 2005
By May 1, 2005
By June 15, 2005
By July 1, 2005
By July 15, 2005
By August 1,2005
By September 1 ,
2005
By September 10,
2005
By September 15,
2005
Contractor and County shall hold the first Transition
Planning Meeting.
Contractor shall provide to the Director a Collection Plan,
which shall be subject to the approval of the Director.
Contractor shall provide the Director with a revised
Collection Plan, if necessary.
Contractor shall submit to the Director documentation
demonstrating that all necessary vehicles, equipment,
Recycling Carts, and containers have been ordered and will
be delivered to Contractor's equipment yard no later than
August 1,2005.
Contractor and County shall hold the second Transition
Planning Meeting.
Contractor shall provide the Director with a Contingency
Plan.
Contractor shall provide to the Director a written safety
plan covering all aspects of Contractor's operations under
this Agreement.
Contractor shall confirm in writing to the Director that all of
the vehicles, Recycling Carts, and containers necessary to
provide Collection Service have been delivered to
Contractor's equipment yard.
Contractor shall confirm in writing to the Director that all of
the vehicles necessary to provide Collection Service have
been registered, licensed, and tagged, and otherwise are
ready to perform in compliance with the requirements of
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....".- --,..._--~".~,-.-,..<,,---_...,,-,._-_.,-
By September 15,
2005
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this Agreement.
Contractor shall provide the Director with a vehicle and
equipment list, which shall identify the make, type, year,
license number, and identification number for each vehicle.
At least 2 weeks prior
to Commencement
Date
Contractor shall deliver County-approved brochures or
other informational materials to Residential and
Commercial Customers, informing them about the
Contractor's Collection Service and collection schedules.
The Transition Plan also must describe how the Contractor will distribute new
Recycling Carts to Residential Customers on or before the Commencement Date, in
compliance with the requirements contained in Section 10, below.
5.4 Transition Prior to Expiration of this Aqreement
5.4.1 Should the County choose not to exercise the renewal options of this
Agreement or should no renewal options remain, the County anticipates
awarding a new agreement at least six (6) months prior to the expiration of
this Agreement. In the event a new agreement has not been awarded
within such time frame, Contractor shall provide Collection Service to the
County for an additional ninety (90) days after the expiration of this
Agreement, at the then established Rates, if the County requests said
service.
Contractor shall allow the County's newly selected franchise hauler(s) to
purchase, or rent for up to ninety (90) days, Contractor's Commercial
Containers. The purchase price and/or rental fee shall be negotiated.
Prior to the expiration of this Agreement, Contractor shall work with the
County and the newly selected franchise hauler(s) to ensure a smooth
transition period with no interruption or reduction of service. The Contractor
shall comply with the following performance requirements and deadlines:
Provide to the Director and the selected franchisee a Commercial
Container inventory, in a format acceptable to the County, that
includes each container's location (street address), capacity,
identification number, collection frequency, Customer name,
Customer contact information, and whether the container is
owned by the Customer or the Contractor. Thereafter, the
Contractor shall not replace or exchange any Contractor-owned
containers listed in the Commercial Container inventory, without
the Director's approval.
5.4.2
5.4.3
180 days prior to
expiration of
Agreement
150 days prior to
expiration of
Agreement
120 days prior to
expiration of
Agreement
Attend a coordination meeting with the selected franchisee and
the County. At the coordination meeting, the Contractor shall
provide a list of Contractor-owned containers that may be
purchased by the selected franchisee.
Work with the selected franchisee(s) to develop a mutually
agreeable schedule for removal of Contractor-owned Commercial
Containers and placement of the selected franchisee's containers.
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The schedule shall ensure no interruption in Collection Service.
30 days prior to
expiration of
Agreement
Implement the schedule in cooperation with the selected
franchisee.
5.4.4 Prior to the expiration of this Agreement, the County may purchase the Roll
Carts, Recycling Bins, Recycling Carts, Commercial Containers and/or
Commercial Recycling Containers provided by the Contractor under this
Agreement. The County shall pay the Fair Market Value for any containers
that the County wishes to purchase from the Contractor.
5.5 Hours and Davs of Collection Service
5.5.1 Contractor shall not provide Residential Collection Service prior to 6:00
a.m. or after 6:00 p.m., unless otherwise authorized by the Director.
5.5.2 Contractor shall not provide Commercial Collection Service for Commercial
Customers located within two hundred (200) feet of Residential Real
Property prior to 6:00 a.m. or after 6:00 p.m., unless otherwise authorized
by the Director. Contractor may provide Commercial Service at other
locations at any reasonable time, subject to the Director's approval.
5.5.3 Collection Service shall be provided by the Contractor on Monday through
Saturday, except Holidays, or as otherwise authorized by the Director.
5.5.4 Contractor shall not be required to provide Collection Service on days that
the Designated Site is closed.
5.6 Routes and Schedules
Contractor shall establish Collection routes and schedules that satisfy the Collection
Service requirements of this Agreement and maximize the efficiency of the
Contractor's operation. Contractor shall submit its proposed Collection routes and
schedules to the Director as part of the Contractor's Collection Plan. To the extent
practicable, Contractor shall ensure that the Collection Plan minimizes the changes
to existing Collection routes. Contractor's proposed Collection routes and schedules
shall be subject to the Director's approval. Contractor shall provide Collection
Service in accordance with the approved routes and schedules in the Collection
Plan.
5.7 Chanqes to Routes and Schedules
5.7.1 After the Commencement Date, Contractor shall not change a Collection
route, a Collection schedule, or the method of providing Collection Service
until the Contractor receives the Director's approval. Contractor shall submit
to the Director a description of all proposed route, schedule, and
operational changes at least thirty (30) days prior to implementation of such
changes. unless an alternate notification deadline is approved by the
Director.
5.7.2 Contractor shall notify all affected Customers in writing regarding any
approved changes in the Contractor's schedule or method of providing
Collection Service. The notice shall be delivered at least two (2) weeks
prior to such change. unless a different schedule is authorized herein or by
the Director.
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5.7.3 Contractor shall inform the Director of any event that will cause delays in
the daily Collection schedule (e.g., disabled trucks, accidents, or shortage
of staff) within two (2) hours of the event.
5.8 Addition of New Customers to Customer List
5.8.1 At least thirty (30) Days before the Commencement Date, the Contractor
shall obtain and review the County's Customer List and verify that the
Customer List is accurate and complete. The Customer List shall be
prepared by the County, based on the list that is used by the County for the
collection of the County's Special Assessment. The Contractor shall work
with the County to ensure that the Customer List is accurate at all times.
The parties shall promptly notify each other of any Customers that should
be added to or deleted from the Customer List.
5.8.2 The County shall revise its Customer List and shall notify the Contractor
promptly after a new Certificate of Occupancy is issued by the County for
Improved Real Property in Service District I. Contractor shall provide
Collection Service to each new Residential Customer when the Customer
places its Solid Waste at Curbside.
5.8.3 The Contractor shall terminate its Residential Collection Service within five
(5) Days after the Director provides the Contractor with the name and
address of a Customer has been deleted from the Customer List.
5.8.4 Contractor shall provide Collection Service to Customers located in areas
that are added to the Contractor's Service District during the term of this
Agreement.
5.9 Holidays
Contractor shall not be required to provide Collection Service on Holidays.
When the scheduled Day for Collection Service for a Commercial Customer
is a Holiday, the Contractor shall provide Collection Service to the
Commercial Customer on the Day before the Holiday, if such service is
requested by the Commercial Customer, or the Contractor shall provide
Collection Service to the Commercial Customer on the next Day following
the Holiday.
5,10 General Collection Procedures
5.10.1 Contractor shall thoroughly empty Collection Containers and return them in
an upright position to the location where they were placed by the Customer.
5.10.2 Contractor shall handle Collection Containers carefully and in a manner to
prevent damage.
5.10.3 Contractor shall provide Collection Service with as little noise and
disturbance as possible.
5.11 Mixina Loads of Materials
5.9.1
5.9.2
5.11.1 Contractor shall not combine Loads of Solid Waste or other materials
collected pursuant to this Agreement with Loads of Solid Waste or other
materials collected outside of the Contractor's Service District, without the
prior written approval of the Director.
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During the Collection process, each one of the following materials shall be
handled separately by the Contractor, and shall not be combined with any
other type of material, without the Director's prior approval: Yard Trash;
Program Recyclables; Bulk Waste; White Goods; Electronic Equipment;
Tires; or any other materials that are to be handled separately under this
Agreement.
Contractor shall not combine Program Recyclables with any other material.
Contractor shall not combine Residential Waste with Commercial Waste, or
Residential Program Recyclables with Commercial Recyclables, without the
Director's prior written approval. At the sole discretion of the County,
combining such materials may be considered in instances where this
practice will result in savings to the Customer or County. In such cases, the
Contractor shall file a petition with the Director, describing the specific
procedures that will be established to properly account for the mixed
materials. Unless the Director approves an alternate procedure, the
Contractor shall pay the Tipping Fee for Residential Waste when
Commercial Waste is mixed with Residential Waste, and the Contractor
shall pay the Tipping Fee for Commercial Waste when Residential Waste is
mixed with Commercial Waste.
5.12 Non-Collection Procedures
5.11.2
5.11.3
5.11.4
5.12.1 Contractor is not required to collect Solid Waste, Program Recyclables, or
other materials that have not been Set Out for Collection by a Customer in
accordance with Section 6 and the other provisions of this Agreement. If
such materials are not collected, Contractor shall immediately place a Non-
Collection Notice on the container or Non-Conforming Materials. If the
Contractor does not place a Non-Collection Notice on the container or
material, the Director may require the Contractor to return promptly and
collect the materials. If the Director notifies the Contractor before 12 p.m.
(noon), the Collection shall be completed before the end of the Day. If the
Director notifies the Contractor after noon, the Collection shall be
completed before noon on the next Day.
5.12.2 Contractor is responsible for visually inspecting each Customer's Recycling
Containers to determine whether they contain Non-Conforming Materials,
Non-Program Recyclables, and/or excessively contaminated Recyclable
Materials. Contractor shall leave Non-Conforming Material, Non-Program
Recyclables, and excessively contaminated recyclables in the Recycling
Container, and shall immediately place a Non-Collection Notice on the
container explaining why the material was rejected.
5.12.3 In the event a Commercial Container or Commercial Recycling Container is
overfilled and cannot be safely dumped, the Contractor shall immediately
place a Non-Collection Notice on the container, notify the Customer, and
reschedule service. Rescheduling shall be considered a Supplemental
Collection Service, which can be arranged between the Contractor and the
Customer for an additional fee. The fee is set forth in Exhibit I(B).
5.12.4 Contractor shall refuse to collect Solid Waste from a Customer if the
Contractor believes that the Solid Waste contains Hazardous, Radioactive,
or Biomedical Waste. If the Contractor believes a Customer is depositing
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such waste for Collection, the Contractor shall place a Non-Collection
Notice on the container, take photographs of the improper waste (if
possible), and immediately notify the Director. If the generator of such
waste is unknown, the Contractor shall work with the Director to identify the
generator of such waste.
5.12.5 If a Commercial Container or Commercial Recycling Container is
temporarily inaccessible or blocked, the Contractor shall promptly (Le.,
within two hours) notify the Customer by telephone concerning the
Contractor's inability to provide Collection Service. The Contractor shall
offer to provide Collection Service later in the same Day, whenever
feasible. The Contractor also shall notify the Director by telephone or by
electronic mail, before the end of the Day. The Contractor shall provide
service on the Customer's next regular Collection Day, unless a special
Collection is arranged for an earlier time. Special Collection times can be
arranged with the Contractor for an additional fee, which is set forth in
Exhibit I(B).
5.12.6 The design and content of the Non-Collection Notice(s) used by the
Contractor shall be subject to the approval of the Director. At a minimum,
Non-Collection Notices shall provide the following information: the
Contractor's reason for not providing Collection Service; information that
will allow the Customer to correct the problem; and a County telephone
number for any further questions.
5.13 Missed Collection Procedures
Upon notification by the Director of a Legitimate Complaint regarding a Missed
Collection, the Contractor shall promptly return to the Customer's Premises and
collect all properly prepared Solid Waste and Program Recyclables. If the Director
notifies the Contractor before 12 p.m. (noon), the Collection shall be completed
before the end of the Day. If the Director notifies the Contractor after noon, the
Collection shall be completed before noon on the next Day.
5.14 Protection of Private and Public Property
5.14.1 Contractor's employees shall not trespass on private property for any
reason (e.g., to access an adjacent property), unless the resident or owner
of said property has given permission.
5.14.2 Contractor's employees shall take care to prevent damage to public and
private roadways and property, including flowers, shrubs, and other
plantings.
5.14.3 Contractor shall be responsible for all costs associated with the repair or
replacement of property that has been damaged by the Contractor's
equipment, employees or agents. The Contractor shall promptly investigate
and respond to any claim concerning property damage. If the Director
notifies the Contractor before 12 p.m. (noon) concerning any such damage,
the Contractor shall investigate and respond to the Director before the end
of the Day. If the Director notifies the Contractor after noon, the Contractor
shall investigate and respond to the Director before noon on the next Day.
Contractor shall promptly repair any damage, at its sole expense, within
three (3) Days, unless the Contractor requests and the Director grants
approval of an extension of time. The County's approval shall not be
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unreasonably withheld. Any disputes concerning the Contractor's
obligations for the repair of damages shall be resolved by the Director.
5.15 Access to Streets and Collection Containers
5.15.1 Contractor's vehicles shall not unreasonably interfere with vehicular or
pedestrian traffic. Contractor's vehicles shall not be left standing on streets
and alleys unattended.
5.15.2 If the Contractor cannot provide Collection Service to a Customer because
a public or private street is temporarily closed to vehicular traffic, Contractor
shall notify the Director within two (2) hours and shall return within twenty-
four (24) hours to service Customers located on the street. If at that time
the street is still temporarily closed, Contractor shall provide Collection
Service to the Customer(s) on the next regularly scheduled Collection Day.
5.15.3 The County reserves the right to deny the Contractor's vehicles access to
certain streets, alleys and roadways where the County determines it is in
the public's best interest. The County shall provide the Contractor with
reasonable notice of such access denial so that the County's action does
not interfere unduly with the Contractor's normal operation.
5.15.4 The Contractor shall use suitable vehicles and equipment, as necessary, to
provide Collection Service on dead-end streets. The Contractor's vehicles
shall not enter or drive upon any private driveways or Premises, to turn
around or for any other purpose, and Contractor shall repair any damage it
causes to such areas, pursuant to Section 5.14.3, above. However, if the
use of a private driveway is authorized in writing by the Director, the County
shall be responsible for the repair of such driveway, provided that
Contractor uses the driveway in compliance with any conditions and
limitations contained in the Director's authorization.
5.15.5 If access to a street, alley, or public or private way becomes impassable or
if access is denied, Contractor shall work with the County and the Customer
to determine a mutually acceptable location for the Collection of Residential
Waste or Commercial Waste. If a mutual agreement cannot be reached,
Collection shall be from the nearest public way that is accessible by the
Collection vehicle, or other location specified by the Director.
5.15.6 If the Contractor encounters Customers or situations that prevent or hinder
the Contractor from gaining access needed to provide the Collection
Service required in this Agreement, the Contractor shall report such cases
to the Director.
5.16 Desiqnated Sites
5.16.1 Contractor shall deliver all of the Solid Waste collected under this
Agreement to the Designated Site, unless the Director approves the use of
a different Solid Waste management facility. The Designated Site for Solid
Waste is the Naples Landfill.
5.16.2 Contractor shall abide by any applicable requirements concerning the
delivery of materials to the Designated Site(s).
5.16.3 Unless instructed otherwise by the Director, the Contractor shall segregate
and separately dispose of Garbage, White Goods, Tires, lead-acid
batteries, Bulk Waste, and Yard Trash at designated areas of the Naples
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Landfill. The Contractor shall not pay a Tipping Fee for the disposal of
these materials at the Naples Landfill if such materials were collected from
the Contractor's Residential Customers under this Agreement.
5.16.4 The Contractor may deliver materials to the Naples Landfill during the
following hours of operation:
Designated Disposal
Site: Hours of Delive
Na les Landfill 7:00 a.m. to 5:00 .m., Monda
5.16.5 Program Recyclables, Recovered Materials, and Electronic Equipment
collected under this Agreement shall be delivered by the Contractor to the
Designated Sites for such materials. The Designated Sites for Program
Recyclables, Recovered Materials, and Electronic Equipment shall include
all properly licensed Recycling Facilities, subject to the Director's approval.
5.17 Spillaoe and Litter
5.17.1 Contractor shall not cause or allow any Solid Waste or other material to be
spilled, released, or otherwise dispersed in the County as a result of the
Contractor's activities under this Agreement. When hauling or transporting
any material over public roads in the County, the Contractor shall use a
covered or enclosed vehicle or other device that prevents the material from
falling, blowing, or otherwise escaping from the vehicle.
5.17.2 If Solid Waste, Recyclable Materials, or any other material escapes from or
is scattered by Contractor's vehicle for any reason, Contractor shall
immediately pick up such material.
5.17.3 Contractor shall immediately pick up any spillage from Collection
Containers caused by the Contractor. Overloaded Commercial Containers
shall not be considered spillage by the Contractor.
5.17.4 Contractor's vehicles shall not release or cause litter in violation of the
"Florida Litter Law", Section 403.413, Florida Statutes, or the County's
Ordinance. If Solid Waste, Recyclable Materials, or other litter is released
or falls from Contractor's vehicle for any reason, the Contractor shall
immediately stop the vehicle and retrieve the litter. Failure to do so shall be
considered a violation of the Florida Litter Law and this Agreement.
5.17.5 The Contractor shall immediately clean up any oil or hydraulic fluid that
leaks or spills from Contractor's vehicles. If the Director notifies the
Contractor before 12 p.m. (noon) concerning any leaks or spills, the
Contractor shall complete its clean-up activities before the end of the Day.
If the Director notifies the Contractor after noon, the Contractor shall
complete its clean-up before noon on the next Day. The Contractor also
shall repair any associated damage, pursuant to Section 5.14.3, above.
5.18 Exempt Materials
The following types of Exempt Materials are not subject to the Contractor's exclusive
franchise under this Agreement. These Exempt Materials may be collected and
taken to a licensed disposal site or Recycling Facility by the owner or occupant of the
Premises, or their agent, at the owner's or occupant's expense.
5.18.1 Land Clearing Debris.
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Construction and Demolition Debris.
Trash and debris associated with farming operations.
Extraordinary, Hazardous, Biomedical, and Radioactive Waste.
Wrecked, scrapped, ruined or dismantled motor vehicles, or motor vehicle
parts, including used oil, Tires, and batteries.
Recyclable Materials generated by a Commercial Customer, provided the
materials are subjected to a recycling process, and the Commercial
Customer reports to the Director, upon request, about the disposition of the
Recyclable Materials.
Non-Program Recyclables generated and separated from the Waste
Stream by Residential Customers.
Solid Waste and by-products resulting from an industrial process.
Solid Waste and Recyclable Materials generated in the incorporated areas
of Collier County, other than the City of Marco Island.
Sludge.
Liquid, semisolid, or contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural, or governmental operations.
Commercial Organics.
Yard Trash generated on Commercial Real Property.
Materials and wastes similar to those listed above, when designated by the
Director.
5.18.15 If the Contractor declines to collect Bulky Waste or White Goods from a
Commercial Customer, then the Bulky Waste or White Goods shall be
deemed an Exempt Material with regard to that Commercial Customer.
5.19 Safety Proqram
5.19.1 The Contractor shall develop, implement and maintain a written safety plan
for all of its operations under this Agreement, as required by OSHA and
other Applicable Laws. A written copy and an electronic copy of the safety
plan shall be provided to the Director. The Contractor shall comply with its
safety plan at all times.
5.19.2 The Contractor shall appoint an employee who is qualified and authorized,
as defined by OSHA, to supervise and enforce safety compliance.
5.19.3 The Contractor shall provide routine safety training to its employees, in
compliance with OSHA and all Applicable Laws. Refresher courses and
supplemental training shall be provided as necessary. Documentation of
the Contractor's training programs, and successful training of each
employee, shall be maintained on file and shall be provided to the Director
upon request.
5.19.4 The Contractor shall follow all OSHA regulations and Applicable Laws with
regard to personal protective equipment. The Contractor's employees shall
be instructed to drive in a defensive manner.
5.18.2
5.18.3
5.18.4
5.18.5
5.18.6
5.18.7
5.18.8
5.18.9
5.18.10
5.18.11
5.18.12
5.18.13
5.18.14
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5.19.5 A written procedure shall be established for the immediate removal to a
hospital or a doctor's care of any employee or other Person that is injured
and requires care from the Contractor.
5.20 Collection Plan
5.20.1 The Contractor shall prepare a Collection Plan that describes in detail how
the Contractor will provide Collection Services in compliance with the
requirements in this Agreement. At a minimum, the Collection Plan shall
identify and describe the vehicles, equipment, routes, and schedules the
Contractor will use. The Collection Plan shall include a legible map for
each Collection route, identifying the Day(s) when Collection Service will be
provided, the starting and ending points for Collection Service, and the type
of Collection Service that will be provided on each Collection Day.
5.20.2 The Collection Plan shall describe the Contractor's plan for recycling the
Recyclable Materials collected under this Agreement. At a minimum, the
Collection Plan shall identify the number and types of vehicles that will be
used to collect Recyclable Materials, and the Recycling Facility that will
receive the Recyclable Materials.
5.20.3 The Collection Plan shall include the manufacturer's specification sheets for
the Contractor's Recycling Carts, Roll Carts, and Commercial Containers,
as provided in Section 10.3.4 herein.
5.20.4 An updated Collection Plan shall be submitted to the Director within two (2)
Days whenever the Contractor changes the Collection Plan.
5.20.5 The Collection Plan, and any revisions to the plan, are subject to the
Director's approval.
5.21 Ownership of Solid Waste and Proqram Recvclables
From the time that Solid Waste and Program Recyclables are placed at the Curbside
or other authorized location for Collection, such materials shall be the sole property
of the County. Except where specifically approved in this Agreement, neither the
Contractor nor its employee(s) shall have the right to take, keep, process, alter,
remove or otherwise sell or dispose of any of the Solid Waste or Program
Recyclables collected pursuant to this Agreement, without the prior written approval
of the Director.
5.22 Compaction of Proqram Recvclables
Contractor may compact Program Recyclables while on board the Contractor's
vehicle, provided that the compaction process and the density of the Load does not
adversely affect the marketability of the Program Recyclables. The density shall be
computed by dividing the weight of the Program Recyclables in the Load by the
capacity (measured in cubic yards) of the compartment holding the Program
Recyclables on the Contractor's vehicle. If the compaction process or density affects
the marketability of the Recyclable Materials, the allowable density may be changed
by the Director. Further, the allowable density may be changed by the Director if the
County requires the Contractor to deliver the Program Recyclables to a Recycling
Facility in Collier County pursuant to Section 18.2 herein.
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5.23 Sale of Proqram Recvclables
At its cost, the Contractor shall market and sell all of the Residential Program
Recyclables and Commercial Recyclables collected by the Contractor pursuant to
this Agreement. The Contractor shall be entitled to keep all of the revenues from the
sale of these Recyclable Materials, and shall pay for the disposal of all unmarketable
materials. The Contractor shall provide the Director with accurate, detailed reports
concerning the revenues derived from the sale of Recyclable Materials collected in
the County. The report shall separately identify the revenues derived from the sale
of each one of the Program Recyclables. The report shall clearly explain how the
Contractor estimated the weight and value of the Recyclable Materials in those
cases where estimates were used. The reports shall be submitted monthly and
annually with the other information required pursuant to Sections 16.2 and 16.3 of
this Agreement.
5.24 Disposal of Recvclable Materials
5.24.1 Except as expressly authorized herein, the Contractor shall not dispose of
any Program Recyclables that have been collected in the County. Such
materials shall be sold or otherwise used for a beneficial purpose.
5.24.2 Rejects and Residue shall be beneficially reused or delivered to a Solid
Waste management facility for disposal.
5.24.3 The Contractor may file a written petition for relief with the Board if the
Contractor determines that the net cost of marketing one or more of the
County's Program Recyclables exceeds the net revenues derived from the
sale of all of the Program Recyclables. The Contractor's petition shall
contain a detailed accounting of the Contractor's costs and revenues for the
marketing and sale of Program Recyclables. The petition shall
demonstrate that no commercially viable markets have been available to
the Contractor for at least ninety (90) calendar days and none are expected
to arise within the next ninety (90) calendar days. When evaluating the
Contractor's costs, the County shall not consider the costs associated with
the Collection, transportation, storage, and preparation of the Recyclable
Materials. If the Board determines that relief is appropriate, the Board may:
(a) delete one or more Recyclable Materials from the list of Program
Recyclables; (b) reimburse the Contractor for those marketing costs
incurred by the Contractor in excess of the revenues generated from the
sale of the Program Recyclables; (c) allow the Contractor to dispose of the
unmarketable materials at the Naples Landfill, without paying the Tipping
Fee; or (d) such other relief as the Board deems appropriate.
5.24.4 If the Contractor files a petition with the Board, the Manager shall review
the petition within ten (10) Days and, if the petition appears to be
meritorious, the Manager shall allow the Contractor to take the County's
unmarketable Program Recyclables to the Naples Landfill for disposal until
the Board makes a final determination concerning the Contractor's petition.
In such cases, the Contractor shall not pay a Tipping Fee at the Naples
Landfill for the disposal of the unmarketable materials.
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6 Set Out Procedures
6.1 Residential Customers
6.1.1 Except as otherwise provided herein, Residential Customers shall use
Curbside Containers for the Collection of Garbage, Rubbish, and Yard
Trash, and shall use Recycling Carts for the Collection of Program
Recyclables. Residential Customers may use heavy-duty plastic bags for
excess Garbage or Rubbish.
6.1.2 Roll Carts shall be used by Residential Customers for Garbage or Rubbish,
but not Yard Trash. Other types of Curbside Containers, except plastic
bags, shall be used for Yard Trash. Such containers are subject to the
Director's approval, and shall: (a) be constructed so as to prevent intrusion
by water and animals, and the expulsion of its contents; (b) have a cover
that is free from sharp edges; and (c) not have inside structures that
prevent the free discharge of the container's contents. Such containers
shall not exceed thirty-two (32) gallons in capacity or fifty (50) pounds in
weight when filled.
6.1.3 Residential Program Recyclables shall be Set Out for Collection in
Recycling Carts. Cardboard placed in Recycling Carts shall be flattened
and, if necessary, cut to a maximum size of 3 ft. x 3 ft. Cardboard may also
be stacked and placed outside the Recycling Carts.
6.1.4 Discarded materials from small household repairs, renovations or projects
shall be placed in a Roll Cart.
6.1.5 Curbside Containers, Roll Carts, Recycling Carts, and any non-
containerized waste appropriate for Curbside Collection shall be placed at
the Curbside prior to 6:00 a.m. on the scheduled Collection Day. These
containers and materials shall be placed at least four (4) feet from
mailboxes or other obstacles.
6.1.6 A Residential Customer shall not Set Out for Collection more than four (4)
Tires and two (2) lead acid batteries per month.
6.1.7 A Residential Customer shall contact the Director when the Customer
wishes to receive Curbside Collection of Bulk Waste, White Goods,
Electronic Equipment, Tires, or lead acid batteries.
6.2 Commercial Customers
6.2.1 Commercial Customers shall use Commercial Containers and/or Roll Carts
for the Collection of Commercial Waste. The Director may authorize the
use of Curbside Containers by Commercial Customers where efficiency or
other circumstances justify.
6.2.2 Commercial Customers shall place all Commercial Waste and Recyclable
Materials in a Collection Container.
6.3 Residential and Commercial Customers
6.3.1 Garbage, Organic Waste, and similar putrescible waste shall not be
collected, stored, or Set Out in an open, uncovered Collection Container.
6.3.2 Solid Waste and Yard Trash shall not be placed in the same Collection
Container.
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6.3.3 Yard Trash placed in Curbside Containers shall not exceed four (4) feet in
length or fifty (50) pounds in weight, and shall not extend more than twelve
(12) inches over the top of the Curbside Container. Yard Trash shall not be
Set Out for Collection in plastic bags.
6.3.4 Customers shall not overfill Roll Carts, Recycling Carts, or Commercial
Containers such that lids cannot be securely closed.
6.3.5 Yard Trash that is not containerized shall be bundled and securely tied with
a cord or other material strong enough to support the weight of the bundle.
Non-containerized Yard Trash shall not exceed fifty (50) pounds in weight.
Non-containerized Yard Trash shall not exceed four (4) feet in length or four
(4) inches in diameter. The foregoing restrictions also shall apply to other
types of non-containerized Solid Waste, except Bulk Waste and
Extraordinary Waste.
6.3.6 All Collection Containers shall be placed in locations that allow easy access
and convenient use by Customers, and are readily accessible to the
Contractor's vehicles.
6.3.7 Commercial Containers shall be placed on a paved level surface. All
approaches to Commercial Containers shall be capable of supporting the
weight of the Collection vehicle.
6.3.8 In the event the Customer and Contractor cannot agree upon an
appropriate location for a Collection Container, the Director shall mediate
the dispute and designate the point of Collection.
6.3.9 When necessary to carry out the purpose and intent of this Agreement, the
Director may authorize the placement of a Collection Container off of the
Premises. Public rights-of-way may be used only in circumstances where
the placement of the Collection Container shall not interfere with or obstruct
the primary purpose of the right-of-way.
7 Residential Collection Service
7.1 Basic Collection Service and Collection Frequency
7.1.1 The Contractor shall provide the following Collection Service to each
Residential Customer.
7.1.1.1
7.1.1.2
7.1.1.3
7.1.1.4
Garbage and Rubbish shall be collected at Curbside at least two
times each week. This service shall be provided not less than forty-
eight (48) hours and not more than seventy-two (72) hours between
regularly scheduled Collection Days.
Yard Trash shall be collected at Curbside at least once each week.
This service shall be provided on one of the two Days when Garbage
is collected.
Program Recyclables shall be collected at Curbside at least once
each week. This service shall be provided on one of the two Days
when Garbage is collected.
Bulk Waste shall be collected at Curbside at least once each week.
This service shall be provided on one of the two Days when Garbage
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is collected, whenever possible. The Contractor shall note all
unreported Bulk Waste on all Collection routes, and shall promptly
report such material to the Director. Upon request by the Director or a
Customer, the Contractor shall pick up such items on the next
scheduled Collection Day for Bulk Waste. However, a request for
Bulk Waste Collection must be made at least forty-eight (48) hours in
advance of the next regularly scheduled Day for the Collection of Bulk
Waste.
White Goods shall be collected at Curbside at least once each week.
This service shall be provided on one of the two Days when Garbage
is collected, whenever possible. The Contractor shall note all
unreported White Goods on all Collection routes, and shall promptly
report such material to the Director. Upon request by the Director or a
Customer, the Contractor shall pick up such items on the next
scheduled Collection Day for White Goods. However, a request for
White Goods Collection must be made at least forty-eight (48) hours
in advance of the next regularly scheduled Day for the Collection of
White Goods.
7.1.1.6 Tires and lead acid batteries shall be collected at Curbside once each
week when Bulk Waste is collected; however, the Contractor is not
required to collect more than four (4) Tires and two (2) lead acid
batteries per month from any Residential Customer.
7.1.1.7 Electronic Equipment shall be collected at Curbside at least once
each week. This service shall be provided when Bulk Waste is
collected. The Contractor shall note all unreported Electronic
Equipment on all Collection routes and shall promptly report such
material to the Director. Upon request by the Director or a Customer,
the Contractor shall pick up such items on the next scheduled
Collection Day for Electronic Equipment. However, a request for the
Collection of Electronic Equipment must be made at least forty-eight
(48) hours in advance of the next regularly scheduled Day for the
Collection of Electronic Equipment.
7.1.2 Contractor shall provide Back Door Service to handicapped Residential
Customers at no additional charge. Upon request by the Director or
Contractor, such Customers shall annually provide: (a) a written statement
from a licensed physician, documenting the nature of the handicap and the
need for Back Door Service; and (b) written confirmation that no able-
bodied Person resides in the household.
7.1.1.5
7.1.3 Except as otherwise expressly provided herein, the Contractor is not
obligated by this Agreement to collect Extraordinary Waste.
7.2 Supplemental Collection Services
7.2.1 Contractor shall offer Residential Supplemental Collection Services to
Residential Customers, including, but not limited to, Back Door Service for
non-handicapped Customers.
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7.2.2 Customers desiring Residential Supplemental Collection Services shall
request such services directly from the Contractor. The specific
arrangements for Residential Supplemental Collection Services are to be
determined between the Customer and the Contractor. No such services
shall be provided until the Contractor notifies the Customer of the amount of
the Contractor's fee and receives the Customer's confirmation that the fee
is acceptable.
8 Multi-Family Collection Service
8.1 Customers occupying Multi-Family Residences shall receive Residential Collection
Service or Commercial Collection Service. A Customer occupying a Multi-Family
Residence shall receive Residential Collection Service if the Customer pays the
County's Special Assessment or receives the Director's approval for such service.
All other Customers occupying Multi-Family Residences shall receive Commercial
Collection Service.
8.2 A Customer occupying a Multi-Family Residence and receiving Residential
Collection Service shall receive the same level of service, and shall be subject to the
same Rates and requirements, as any other Customer receiving Residential
Collection Service.
8.3 A Customer occupying a Multi-Family Residence and receiving Commercial
Collection Service shall receive the same level of service, and shall be subject to the
same Rates and requirements, as any other Customer receiving Commercial
Collection Service.
8.4 The Contractor's exclusive franchise for the collection of Residential Program
Recyclables includes the Collection of Program Recyclables generated by those
Customers that occupy Multi-Family Residences, even if the Customers receive
Commercial Collection Service.
9 Commercial Collection Service
9.1 Basic Collection Service and Collection Frequency
9.1.1 Commercial Collection Service for Garbage and Rubbish shall be arranged
between the Commercial Customer and the Contractor.
9.1.2 Commercial Customers shall enter into a contract with the Contractor for
the Collection of Commercial Waste and shall pay the County's approved
Rates for their Collection Service. The Rates established in Exhibit I(A)
include container rental fees.
9.1.3 This Agreement does not authorize or require Contractor to collect Yard
Trash or provide Commercial Lawn Care Service.
9.1.4 The minimum Collection frequency for Commercial Customers shall be one
time per week, with Collection not more than seven (7) calendar days apart,
except for Holidays. Unless the Director approves a different schedule,
Commercial Collection Service shall be provided at least twice each week
for restaurants, grocery stores, and other facilities that generate significant
quantities of Garbage and other types of putrescible waste.
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9.1.5 Where several Commercial Customers are within close proximity to each
other (e.g., in the same shopping center or mall), such Customers may
enter into a joint agreement with the Contractor for the Collection of their
Commercial Waste.
9.2 Supplemental Collection Services
9.2.1 Contractor shall offer Supplemental Collection Services to Commercial
Customers, including but not limited to the services described in Exhibit
I(B). The list of Supplemental Collection Services and the associated Rates
may be revised when the Board adopts its annual resolution approving the
Contractor's Rates.
9.2.2 Commercial Customers desiring Supplemental Collection Services shall
request such services directly from the Contractor. The specific
arrangements for Supplemental Collection Services are to be determined
between the Customer and the Contractor. No such services shall be
provided until the Contractor notifies the Customer of the amount of the
Contractor's fee and receives the Customer's confirmation that the fee is
acceptable.
9.2.3 Contractor shall bill Customers directly for Commercial Supplemental
Collection Services in accordance with the Rates stated in Exhibit I(B),
unless the County assumes responsibility for billing Commercial
Customers.
9.3 Commercial Recvclinq Services
Contractor shall offer to collect Recyclable Materials from its Commercial Customers.
In this capacity, the Contractor shall act as a Private Hauler. The Contractor shall be
responsible for billing and collecting payment for its services as a Private Hauler.
9.4 Contract for Collection Service
9.4.1 The Contractor shall prepare a standard form that will be used as its
contract with Commercial Customers. The proposed form shall be provided
to the Director for approval at least sixty (60) calendar days before the
Commencement Date, and whenever the Contractor proposes to change its
content. The terms and conditions contained in the form shall be consistent
with the requirements in this Agreement.
9.4.2 The Contractor's contract shall identify all of the services that the Contractor
will provide to the Customer and all of the associated costs. No fees or
charges may be collected from a Customer unless such fees and charges
were disclosed in the Contractor's contract.
9.4.3 The Contractor's contract for Commercial Customers shall contain the
following information, unless alternate language is approved by the
Director:
"REGULATION BY COLLIER COUNTY"
This contract for the collection of Commercial Solid Waste is regulated
by Collier County. If you have any questions regarding the terms and
conditions in this contract, you may call the County at (239) 403-2350.
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"COMMERCIAL COLLECTION CONTAINERS"
You may provide your own Commercial Container (e.g., a roll-off
container or compactor) for the solid waste that you generate on your
property; provided that your Commercial Container is one that can be
serviced by the Contractor's collection equipment. In the alternative,
you may obtain a Commercial Container from the Contractor. In
either case, the Commercial Container must be maintained in a safe,
sanitary, serviceable condition by the owner of the Commercial
Container.
"SUPPLEMENTAL SERVICES"
The Contractor may provide supplemental services to you, but may
only charge the Rates approved by Collier County. The cost of the
supplemental services must be separately identified below, in the list
of "Rates for Services."
"RATES FOR SERVICES"
The County has approved standard rates for the collection of
Commercial Solid Waste and for supplemental services. Under this
contract, you will pay the following fees for the Contractor's services.
You may call the County if you have any questions about the
Contractor's rates:
(a) CHARGES FOR COLLECTION
(b) CHARGES FOR DISPOSAL
(c) CHARGES FOR SUPPLEMENTAL SERVICES
(d) TOTAL
9.5 Termination of Commercial Collection Service
9.5.1 The Contractor may terminate Collection Service when a Commercial
Customer fails to pay for service and the following procedure has been
followed.
9.5.1.1 When a Commercial Customer's payment is thirty (30) calendar days
past due, the Franchisee may mail to such Commercial Customer a
notice of intent to terminate service in ten (10) Days.
9.5.1.2 If the Commercial Customer desires to dispute the bill, the Customer
shall notify the Director in writing within the ten (10) Day period. Upon
receipt of the Customer's notice, the Director shall resolve the dispute.
9.5.1.3 If the balance remains unpaid after the ten (10) Day period provided
above, or ten (10) Days following issuance of a written finding by the
Director, the Contractor may discontinue Collection Service to the
Customer. The Contractor shall notify the Director within one (1) Day
after service is terminated.
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Upon being notified, the County shall take whatever action it deems
appropriate to enforce compliance with the provisions of the County's
Ordinances.
9.5.2 In the event service is terminated, the Contractor is authorized to remove
from the Customer's Premises any Commercial Containers, Commercial
Recycling Containers, or other equipment belonging to the Contractor.
9.5.3 Contractor is authorized to charge interest on delinquent accounts with
Commercial Customers and to charge a fee for resumption of service, as
provided in Section 26.1.5 of this Agreement.
9.5.1.4
10 Collection Containers
10.1 Provision of Containers
10.1.1 Curbside Containers
10.1.1.1 Customers may provide their own containers (up to 32 gallons in
capacity) for Yard Trash and shall retain ownership of such
containers.
10.1.1.2 The Contractor shall ensure that each Residential Customer has at
least one (1) Roll Cart at all times during the term of this Agreement.
The Contractor shall provide at least one Roll Cart to each Residential
Customer that does not have one.
10.1.1.3 One Roll Cart shall be provided by the Contractor to each Residential
Customer at no cost. Additional Roll Carts may be purchased by the
Customer, at the Contractor's invoice price, plus a reasonable fee for
delivery. The invoice price is subject to the Director's approval. The
delivery fee is set forth in Exhibit I(B).
10.1.1.4 Each Customer shall have the option of receiving a thirty-five (35),
sixty-four (64), or ninety-six (96) gallon Roll Cart. Thereafter, the
Customer may exchange its Roll Cart one time for a different size,
which shall be provided by the Contractor at no cost to the Customer.
The Customer shall pay a fee to the Contractor if the Customer
wishes to exchange its Roll Cart for a different size more than once.
The fee is set forth in Exhibit I(B).
10.1.1.5 The Contractor shall provide a new Roll Cart to each new Residential
Customer within five (5) Days of notification by the County.
10.1.2 Recvclinq Carts
10.1.2.1 On or before the Commencement Date, the Contractor shall deliver at
least one (1) new Recycling Cart to each Residential Customer.
10.1.2.2 One (1) Recycling Cart shall be provided by the Contractor to each
Residential Customer at no cost. Additional Roll Carts may be
purchased by the Customer, at the Contractor's invoice price, plus a
fee for delivery. The invoice price is subject to the Director's approval.
The delivery fee is set forth in Exhibit I(B).
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10.1.2.3 After the Commencement Date, the Contractor shall provide a new
Recycling Cart to each new Residential Customer within five (5) Days
of notification by the Director.
10.1.2.4 The Contractor shall deliver smaller Recycling Carts to the Customers
in an age-restricted community, on a community-wide basis, when
instructed to do so by the Director. In such cases, the Recycling
Carts shall comply with the specifications in Section 10.3.1 herein,
except that the Recycling Carts shall have a rated capacity of only
thirty-five (35) gallons. Under the provisions of this Section 10.1.2.4,
the Contractor shall not be required to deliver more than two thousand
five hundred (2,500) small Recycling Carts during the first Agreement
Year and not more than five hundred (500) small Recycling Carts
during any subsequent Agreement Year.
10.1.3 Commercial Containers
10.1.3.1 Commercial Customers may use their own Commercial Containers,
provided the containers are compatible with the Contractor's
Collection equipment. Commercial Customers also may obtain
Commercial Containers from the Contractor.
10.1.3.2 Upon request by a Commercial Customer, the Contractor shall
provide Roll Carts or Commercial Containers for the Collection of
Solid Waste and/or Recyclable Materials. Contractor shall provide
containers of sufficient size and number, and Collection Service of
sufficient frequency, to ensure that all of the Solid Waste and
Recyclable Materials generated by the Commercial Customer are
properly stored and contained until they are removed for disposal or
processing.
10.1.3.3 The Contractor may supply and maintain compactors and specialized
containers, if requested to do so by a Customer. However, a request
for a specialized container or equipment shall not be granted by the
Contractor if the type of material generated by the Customer requires
a greater frequency of Collection than is typically contemplated when
using such containers, or if the material is otherwise unsuitable for the
use of such equipment or containers.
10.2 Ownership of Containers
10.2.1 Customer-owned Collection Containers shall remain the sole property of
the Customer.
10.2.2 The Contractor shall retain ownership of Roll Carts, Recycling Bins, and
Recycling Carts provided by the Contractor. Recycling Bins and Recycling
Carts provided by the County shall remain the sole property of the County.
10.2.3 The Contractor's Commercial Containers and Commercial Recycling
Containers shall remain the sole property of the Contractor.
10.3 Technical Specifications for Containers
10.3.1 Recycling Carts supplied by the Contractor shall be of equivalent or better
quality than those used by the County during the County's 2003-2004 pilot
project with recycling carts, and shall be subject to the approval of the
Director. Recycling Carts shall: (a) be green; (b) have a rated capacity of
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sixty-four (64) gallons; (c) be made of heavy duty plastic; (d) be hot-
stamped or labeled in accordance with the specifications provided by the
Director; (e) be mounted on two wheels; (f) have attached, hinged lids; and
(g) be compatible with the hydraulic lifting and dumping mechanism
mounted on the Contractor's Collection vehicles. Each Recycling Cart shall
have a flat area on the top (outside) of the lid, which shall be at least eight
(8) inches by sixteen (16) inches in size and suitable for the placement of
informative stickers or decals. Recycling Carts shall be uniform with regard
to color, volumetric capacity, dimensions, finished surfaces, and hot
stamping/labeling. A Recycling Cart shall be constructed: to prevent the
intrusion of water and animals, and the expulsion of its contents; with
covers that are free from sharp edges; and without any inside structures
that prevent the discharge of its contents. The Recycling Cart shall have
only one compartment, which shall be used for the storage of all Program
Recyclables. Each Recycling Cart shall be protected by a manufacturer's
warranty of at least eight (8) years duration.
10.3.2 Roll Carts supplied by the Contractor shall be of equivalent or better quality
than those currently in use by the County, and shall be subject to the
approval of the Director. Roll Carts shall: (a) be green; (b) have a rated
capacity of either thirty-five (35), sixty-four (64), or ninety-six (96) gallons;
(c) be made of heavy duty plastic; (d) be hot-stamped or labeled in
accordance with the specifications provided by the Director; (e) be mounted
on two wheels; (f) have attached, hinged lids; and (g) be compatible with
the hydraulic lifting and dumping mechanism mounted on the Contractor's
Collection vehicles, Roll Carts shall be uniform with regard to color,
volumetric capacity, dimensions, finished surfaces, and hot
stamping/labeling. A Recycling Cart shall be constructed: to prevent the
intrusion of water and animals, and the expulsion of its contents; with
covers that are free from sharp edges; and without any inside structures
that prevent the discharge of its contents.
10.3.3 Commercial Containers supplied by the Contractor shall be of equivalent or
better quality than those currently in use by the County, and shall be
subject to the approval of the Director. Commercial Containers shall have
attached lids, unless the Director approves a different design for a particular
use.
10.3.4 The Contractor shall provide the Director with the manufacturer's
specification sheets for the Contractor's Recycling Carts, Roll Carts, and
Commercial Containers. At a minimum, the specification sheets shall
address the following items, if applicable:
. Company of manufacture
. Material of manufacture, including pre-consumer and post-consumer
recycled content
. Molding technology
. Standards of design (e.g., American National Standards Institute)
. UV stabilization certification
. Load rating
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. Design standards for lid, handles, lifting, bottom, wheels, axle, and
fasteners
. Interior and exterior finish surfaces
. Color
. Volumetric Capacity
. Nestability
. Identification and Marking
. Manufacturer's warranty
10.3.5 The Contractor shall replace the labels on its carts and containers on an as-
needed basis, subject to the Director's approval.
10.4 Delivery of Containers
10.4.1 The Contractor shall maintain an adequate supply of Roll Carts and
Recycling Carts at all times. The Contractor shall deliver new, additional,
and replacement Roll Carts and Recycling Carts to Residential Customers
within five (5) Days of receiving a request for said containers.
10.4.2 The Contractor shall deliver Roll Carts, Commercial Recycling Containers,
and/or Commercial Containers to a Commercial Customer within five (5)
Days of receiving a request for such containers.
10.5 Maintenance of Containers
10.5.1 The Contractor shall maintain all Contractor-owned Roll Carts, Recycling
Carts and Collection Containers in good working order to ensure
continuous and efficient Collection Service under this Agreement.
10.5.2 Contractor-owned Commercial Containers shall have solid, durable
bottoms. Commercial Containers shall be equipped with a heavy-duty
removable plug for the purpose of clean out.
10.5.3 The Contractor shall maintain and repair its Commercial Containers so that
the containers are free of holes, broken hinges, broken doors or door
fasteners, broken wheels, or broken lids.
10.5.4 Contractor-owned Commercial Containers shall be kept painted at all times
so they do not become a detriment to the community, with the exception of
containers made of plastic, aluminum, stainless steel, or other materials
that do not readily accept paint.
10.5.5 At its expense, the Contractor shall procure and maintain all essential spare
parts for Contractor-owned Commercial Containers. The Contractor shall
identify and maintain a readily available source of all the spare parts
needed to maintain and repair the Contractor's Commercial Containers.
10.5.6 The Contractor shall repair, paint, clean and otherwise maintain any
Commercial Container within five (5) Days of being requested to do so by
the Director.
10.5.7 Customers shall be responsible for maintaining all Customer-owned
Commercial Containers, Roll Carts, Recycling Carts and Commercial
Recycling Containers. The Contractor may maintain Customer-owned
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containers for an additional fee, approved by the County. The Contractor's
fee for this service is set forth in Exhibit I(B).
10.6 Repair and Replacement of Containers
10.6.1 At its expense, the Contractor shall repair or replace damaged Contractor-
owned Roll Carts, Recycling Carts and Collection Containers within three
(3) Days after receiving notice from the County or Customer. At its option,
the Contractor may require a Customer to exchange its old Roll Cart or
Recycling Cart when the Customer receives a new Roll Cart or Recycling
Cart from the Contractor. If a Roll Cart or Recycling Cart must be replaced
because of the Customer's negligence, the Customer shall pay the
Contractor's invoice price for the Roll Cart or Recycling Cart, plus a delivery
fee. The invoice price is subject to the Director's approval. The delivery
fee is set forth in Exhibit I(B).
10.6.2 If the Contractor damages or destroys any Customer-owned Collection
Container, the Contractor shall repair or replace said container, at the
Contractor's expense, within five (5) Days after receiving notice from the
County or Customer. Any replacement container shall be equal to or better
than the Collection Container that was damaged or destroyed by the
Contractor.
10.6.3 The Contractor shall not be responsible for Unintentional Damage to
Customer-owned containers that is caused by the Customer's failure to
comply with the Set Out requirements of this Agreement.
10.6.4 The County shall pay the cost of replacing Roll Carts and Recycling Carts
that are stolen from a Residential Customer. In such cases, the County
may (a) purchase and provide Roll Carts and Recycling Carts to the
Contractor or (b) reimburse the Contractor for the purchase price of the Roll
Carts and Recycling Carts, as documented by the Contractor's invoices.
The County shall not pay any profit, mark-up or other charges to the
Contractor for the Roll Carts and Recycling Carts. The County's payments
to the Contractor for the Roll Carts and Recycling Carts shall be made in
compliance with the Florida Prompt Payment Act, Sections 218.70 et seq.,
Florida Statutes.
10.7 StoraQe of RecvclinQ Bins
When the Contractor delivers Recycling Carts pursuant to Sections 5.3 and 10.1.2.1
herein, the Contractor shall pick-up the Recycling Bins that currently are used by the
Contractor's Residential Customers. The Contractor shall store the County's
Recycling Bins at the Contractor's equipment yard in Collier County or another
location that is acceptable to the County and Contractor. The County's Recycling
Bins shall be maintained in a safe, secure location and shall be protected from harm
until October 1, 2007 or until the County's Recycling Bins are removed by the
County, whichever occurs first.
11 Vehicles and Equipment
11.1 General Provisions
11.1.1 The Contractor shall purchase and/or lease, and maintain and repair, all
vehicles and equipment necessary to maintain its approved Collection
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schedules, and to promptly and efficiently comply with the requirements in
this Agreement. The Contractor's vehicles and equipment shall be
compatible (in size and weight) with, and appropriate for, the areas where
such vehicles and equipment are utilized.
11.1.2 Collection vehicles and equipment shall be a standard product of a
reputable manufacturer so that continuing service, and the supply and
delivery of spare parts, may be ensured. Replacement parts do not need to
be a product of the same manufacturer.
11.1.3 All Collection vehicles shall have waterproof seals and shall be watertight to
a depth sufficient to prevent the discharge or leaking of accumulated water
during loading and transport operations. The Collection vehicles shall have
solid metal sides and a fully enclosed metal top.
11.1.4 As an alternative to a fully enclosed metal top, the Contractor's Collection
vehicles may be equipped with a tarpaulin or a net cover with mesh
openings not greater than one and one-half (1 Yz) inches in size. The cover
shall be kept in good mechanical order, without holes. The cover shall fully
enclose the Contractor's Load at all times when the vehicle's speed
exceeds 20 miles per hour.
11.1.5 Vehicles transporting Program Recyclables shall be covered to protect
paper recyclables from rain, and to prevent Program Recyclables from
blowing or falling out of the vehicle.
11.1.6 Prior to use, a tare weight shall be established for all of the Contractor's
Collection vehicles. At the County's discretion, the tare weight of any
Collection vehicle may be checked at any time. The County shall adjust its
scale house and records if there are any changes in the tare weight.
11.1.7 Except for extraordinary circumstances, as determined by the Director, all
Collection vehicles and equipment shall be empty and devoid of all Solid
Waste prior to the commencement of daily Collection Service.
11.2 Ancillary Eauipment
11 .2.1 All vehicles used to provide Collection Services under this Agreement shall
be equipped at all times with: (a) all safety equipment required by
Applicable Laws; (b) a fire extinguisher; (c) a shovel and broom; (d) a spill
response kit; and (e) an audible back-up warning device. The spill
response kit shall be suitable and adequate for cleaning up any leaks or
spills of oil, hydraulic fluid, or other liquids from Contractor's Collection
vehicles.
11.2.2 All vehicles used to provide Collection Services under this Agreement shall
be equipped with a two-way radio, cellular telephone, or other equipment
appropriate for communications between the vehicle operator, the Field
Supervisor, and the District Manager. The proposed communications
system is subject to approval by the Director.
11.2.3 All vehicles used for Collection of White Goods or Electronic Equipment
shall be equipped with appropriate ancillary equipment so as to avoid
breakage of the Electronic Equipment, or loss of Freon from White Goods,
during Collection.
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11.2.4 All of the Contractor's Collection vehicles shall be equipped with Global
Positioning Systems ("GPS"). The GPS equipment shall be used to track
the vehicles' movements while providing Collection services pursuant to
this Agreement. Upon request, the Contractor shall promptly provide its
GPS logs and records to the Director.
11.3 Reserve Vehicles and Equipment
11.3.1 The Contractor shall have sufficient reserve vehicles and equipment
available to complete daily Collection routes according to the schedules
and hours of Collection established in this Agreement. The use of reserve
vehicles and equipment shall include, but not be limited to, occasions when
front line vehicles and equipment are out of service, or delays prevent front
line vehicles and equipment from completing their daily Collection route(s)
within the established hours of Collection.
11.3.2 The reserve vehicles and equipment shall be ready to go into service within
two (2) hours of any breakdown. The reserve vehicles and equipment shall
be similar in size and capacity to the vehicles and equipment being
replaced.
11.4 Maintenance and Condition
11.4.1 At a minimum, all of the Contractor's Collection vehicles and equipment
shall be maintained in compliance with the manufacturer's specifications.
11.4.2 The Contractor's Collection vehicles and equipment shall be kept in good
repair and appearance, and in a sanitary, clean condition, at all times.
Vehicles shall be washed thoroughly on the outside, and sanitized with a
suitable disinfectant and deodorant, a minimum of once-per-week (or more
frequently if necessary).
11.4.3 The Contractor shall monitor, maintain and repair its Collection vehicles and
equipment to prevent fuel and lubricant spills. Oil and hydraulic systems,
and waterproof seals and enclosures, on the Contractor's vehicles and
equipment shall be kept in good repair to prevent leaking.
11.5 Identification
11.5.1 The Contractor's name and the County's customer service telephone
number shall be displayed at all times, in letters at least four (4) inches
high, on both side doors of the Contractor's Collection vehicles. The
Contractor's telephone number also may be displayed beneath the
County's customer service number. Truck identification numbers shall be
displayed at all times, in letters at least four (4) inches high, on all four (4)
sides of all Collection vehicles.
11.5.2 All Collection vehicles shall display information approved by the Director
concerning the type of material (Solid Waste, Yard Trash or Recyclable
Materials) being collected. The information shall be displayed at all times,
on both sides of the vehicle body, in letters at least six (6) inches high. The
information displayed on the Contractor's vehicles shall be subject to
Contractor's approval, which shall not be unreasonably withheld.
11.5.3 Contractor shall label its Commercial Containers with letters and/or
numbers at least four (4) inches high. The labels shall be placed on at least
two (2) sides of each Commercial Container. At least one of the labels
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shall be readily visible when the container is placed at a Commercial
Customer's site.
11.6 Compliance with the Law
11.6.1 At all times, the Contractor and its employees shall operate and maintain all
Collection vehicles and equipment in compliance with all Applicable Laws.
11.6.2 At all times, the Contractor shall maintain all necessary licenses and
registrations, and shall timely pay all fees and taxes, on all vehicles and
equipment, as required under Applicable Laws.
11.6.3 All equipment shall be operated in compliance with the Florida Uniform
Traffic Control Law, Sections 316.515 through 316.6105, Florida Statutes,
and the County Ordinances, as amended from time to time.
11.7 County's Riqht to Inspect Vehicles
11.7.1 The Director may inspect the Contractor's vehicles, equipment, licenses
and registrations at any reasonable time. The County reserves the right to
inspect each Collection vehicle, each day, prior to its use in the County.
11.7.2 The Director shall have the authority to require the Contractor to
immediately remove from service any Collection vehicle or equipment that
is leaking or spilling fluids, Solid Waste, or Recyclable Materials. The
Director also may require any Collection vehicle to be washed within one
(1) Day. In such cases, the Contractor shall immediately notify the Director
of the remedial action that will be taken to correct the problem.
11.8 Storaqe and Repair
The Contractor shall provide a garage and maintenance facility for its vehicles and
equipment that enables all-weather, year-round maintenance operations. The
Contractor shall not use County property to store or house any vehicles or
equipment.
12 Employees and Supervisors
12.1 District Manaqer
Contractor shall appoint an employee to serve as the District Manager. The District
Manager shall be the primary point of official contact on behalf of the Contractor for
all technical and administrative matters pertaining to this Agreement. The District
Manager must have at least ten (10) years of prior managerial experience with
programs of this nature and size. The District Manager shall have the authority to
make significant decisions relevant to the day-to-day operation of Contractor's
program under this Agreement. The District Manager shall have direct access to the
Contractor's management for resolving problems beyond the District Manager's
authority. At all times during the term of this Agreement, the Director shall have
immediate access to the District Manager, and the District Manager shall be one
hundred percent (100%) dedicated to overseeing and implementing the Contractor's
performance under this Agreement. Any communications or writings that are
required under this Agreement to be given to the Contractor shall be delivered to the
District Manager. Such communications or writings shall be deemed received by the
Contractor when delivered to the District Manager.
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12.2 Field Supervisor
The Contractor shall designate a Field Supervisor(s), who shall oversee the provision
of the Collection Services under this Agreement. The Field Supervisor(s) shall have
immediate access to an automobile or pick-up truck, and shall be readily available by
two-way radio or cellular telephone, at least between 6:00 a.m. and 6:00 p.m.,
Monday through Saturday.
12.3 Employee Conduct
All Contractor personnel shall maintain a courteous and respectful attitude toward
the public at all times. The Contractor shall instruct its employees to avoid loud
and/or profane language at all times during the performance of their duties under this
Agreement.
12.4 Employee Appearance and Identification
The Contractor shall furnish each employee with an appropriate means of identifying
him/her as an employee of the Contractor. The identification need not be a uniform
or a complete set of clothing, but must be sufficient to ensure easy identification.
The Contractor's employees shall wear the identification at all times while on duty.
Shirts must be worn at all times. The Director has the right to approve the identifiers
or identification furnished by the Contractor.
12.5 Removal of Employees
The Director reserves the right to disapprove and request removal of any Contractor
personnel assigned to the County's work. Such disapproval or request shall be for
reasonable cause only and shall be addressed in writing to the Contractor's District
Manager. Notwithstanding the foregoing, the Contractor shall not be required to take
any action with regard to the Contractor's personnel that would violate any
Applicable Law. The Contractor shall defend, save, and hold the County harmless
from and against legal actions by any employees so removed.
12.6 Employee Traininq and Licenses
12.6.1 All of the Contractor's employees shall be qualified and appropriately
trained for the tasks assigned to them. The Contractor shall provide
refresher courses and additional training to its employees, as needed, to
ensure compliance with the requirements of this Agreement and all
Applicable Laws.
12.6.2 At all times when operating vehicles or equipment pursuant to this
Agreement, the Contractor's employees shall carry a valid Florida driver's
license for the type of vehicle or equipment being operated.
12.6.3 The Director may request the Contractor's employees to produce their
driver's license for inspection at any time when the employee is on duty.
13 Local Office
13.1 The Contractor shall maintain a customer service/dispatch office within the County.
The Contractor's office shall be open for business, and Contractor shall have
personnel available for the purposes of dispatch, complaint resolution, and other
matters, between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday, and
on Saturdays from 6:00 a.m. until 3:00 p.m., or until the Contractor's last Collection
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vehicle returns to Contractor's equipment yard, whichever is later. The office shall
be equipped with a two-way communication system that can be used to contact the
Director, the Contractor's District Manager, the Contractor's Field Supervisor, and all
of the Contractor's Collection vehicles.
13.2 The Contractor's office shall be equipped with sufficient personnel and equipment to
document and timely respond to Legitimate Complaints. A responsible, experienced
Person shall be present and in charge of the office during all business hours,
Monday through Saturday. Contractor shall use an answering machine or answering
service to record messages when the office is closed.
13.3 The Contractor shall establish a process for receiving and handling emergency calls,
both during and after normal operating hours. Such process shall be subject to the
Director's approval.
13.4 The Contractor shall provide all of its electronic reports and communications to the
County in a format that is compatible with the County's software programs.
13.5 Upon request of the Director, the Contractor shall provide adequate space in the
Contractor's office to house a County employee. The Contractor also shall provide a
computer connection to the Internet and a telephone for the County employee. The
Contractor shall cooperate with and assist the County employee, who will monitor the
Contractor's operations and compliance with the Agreement.
14 Handling of Complaints
14.1 The Director shall be responsible for receiving all complaints from Customers.
14.2 Any complaint received by the Contractor shall be forwarded to the Director within
one (1) hour after the complaint is received by the Contractor.
14.3 The Director shall determine whether a Customer's complaint is a Legitimate
Complaint. Legitimate Complaints include but are not limited to:
. Missed Collections;
. Failure to respond to Missed Collections in compliance with the requirements
of this Agreement;
. Mishandling of Solid Waste, Recyclable Materials or Collection Containers;
. Damage to public or private property;
. Failure to obey traffic regulations; and
. Discourteous treatment of Customers.
14.4 The Director shall notify the Contractor when the Director determines that a
Customer has a Legitimate Complaint. The Director shall coordinate with the
Contractor to ensure that all Legitimate Complaints are promptly resolved.
14.5 The Contractor shall take whatever steps are necessary to remedy the cause of a
Legitimate Complaint within six (6) hours after receiving notice from the Director.
14.6 The Contractor shall inform the Director about the status of each Legitimate
Complaint within six (6) hours of receiving notice from the Director.
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14.7 The Contractor may request and the Director shall grant additional time to remedy a
Legitimate Complaint when the Contractor uses its best efforts to correct the
problem, but is unable to do so within six (6) hours.
14.8 In all cases, the Contractor shall notify the Director within six (6) hours after the
Legitimate Complaint is resolved and shall provide a written summary within one (1)
Day.
15 Customer Dispute Resolution
15.1 The Director shall investigate all unresolved disputes between the Contractor and a
Customer, including but not limited to disputes concerning the proper interpretation
and implementation of this Agreement and the Ordinance. The Director shall resolve
such disputes.
15.2 The Director shall notify the Contractor and the Customer in writing of the Director's
determination about the disputed issues, including any deficiencies in their
respective performance.
15.3 The Contractor and Customer shall have ten (10) Days to correct any deficiency or
provide the Director with a written request for a hearing before the Manager.
15.4 If a request is filed, the Manager shall act upon such request within twenty (20) Days.
The Manager shall provide the parties an opportunity to present their arguments and
evidence concerning the relevant issues. The Manager shall notify the Customer,
the Contractor, and the Director in writing concerning the Manager's decision. The
Manager may: confirm, in whole or in part, the Director's findings; relieve the
Contractor or the Customer of responsibility for their deficiencies; or take whatever
other action the Manager deems necessary and appropriate. The Manager's
decision shall be final and non-appealable.
16 Record Keeping and Reporting
16.1 Record Keepina
16.1.1 Equipment Maintenance Loa. Contractor shall keep a maintenance log for
each vehicle and piece of equipment used for Collection Service. At a
minimum, the log shall show: the identification number for the vehicle or
equipment; the date and description of all routine maintenance activities;
and the date and description of all repair activities.
16.1.2 Non-Collection Notice Loa. Contractor shall maintain a log of all occasions
when Non-Collection Notices have been placed. The log shall include: the
date when the notice was placed; the Customer location; the Customer type
(i.e., Residential or Commercial); and the reason for each Non-Collection
Notice.
16.1.3 Leqitimate Complaint Loa. Contractor shall maintain a log of all Legitimate
Complaints. The log shall include: the date and time when the Contractor
was notified by the County; the Customer's location; Customer type; a
description of the complaint; the date and time when the complaint was
resolved; and a description of how the complaint was resolved.
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16.1.4 Proqram Recyclables Loq. Contractor shall maintain a log concerning the
Program Recyclables that the Contractor collects in the County. The log
shall identify: the amount of Program Recyclables collected each month in
the City of Naples, the City of Marco Island, and Everglades City; the
corresponding amounts for the other areas in Service District I; the names
and locations of the Recycling Facilities where the Program Recyclables
were delivered; and the amounts that were delivered to each Recycling
Facility. This information shall be reported separately for each type of
Recyclable Material. The Contractor's log shall clearly explain how the
Contractor estimated the amount of Recyclable Material in any instance
where weight records are not available.
16.1.5 White Goods Loq. Contractor shall maintain a log concerning the White
Goods collected by the Contractor. The log shall identify: the date of
Collection; the Customer's location; and the number and types of White
Goods collected.
16.1.6 Tire Collection Loq. Contractor shall maintain a log concerning the Tires
collected by the Contractor under this Agreement. The log shall identify:
the date of Collection; the Customer's location; and the number of Tires
collected.
16.1.7 Bulk Waste Loq. Contractor shall maintain a log concerning the Bulk Waste
collected by the Contractor under this Agreement. The log shall identify:
the date of Collection; the Customer's location; the type of materials
collected; and the approximate volume and weight of the materials
collected.
16.1.8 Electronic Equipment Loq. Contractor shall maintain a log concerning the
Electronic Equipment collected by the Contractor under this Agreement.
The log shall identify: the date of Collection; the Customer's location; the
type of Electronic Equipment collected; the approximate volume and weight
of the materials collected; the names and locations of the Recycling
Facilities where the Electronic Equipment was delivered, and the amount of
Electronic Equipment that was delivered to each Recycling Facility.
16.1.9 All of the Contractor's logs shall be kept current and up-to-date. The logs
shall be maintained in an electronic database that is compatible with the
County's software systems. The database shall be available for inspection
by the County at any time during normal business hours. The information
in the logs shall be provided to the Director, upon request, within one (1)
Day.
16.1.10 The general format and content of the Contractor's logs shall be subject to
the Director's approval.
16.2 Monthly Report
16.2.1 Contractor shall submit Monthly Reports to the Director within fifteen (15)
calendar days after the end of each month. The form and content of the
reports are subject to the Director's approval.
16.2.2 At a minimum, the Monthly Report shall provide the following information
concerning Residential Customer service:
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Tonnage collected during the month for each of the following
materials: Solid Waste; Program Recyclables; corrugated cardboard;
and Yard Trash. The tonnages for each material shall be reported
separately for: (a) Customers occupying Multi-Family Residences and
receiving Commercial Collection Service; (b) Customers occupying
Multi-Family Residences and receiving Residential Collection Service;
and (c) all other Residential Customers.
Tonnage collected during the month in the City of Naples, the City of
Marco Island, and Everglades City for each of the following materials:
Solid Waste; Program Recyclables; corrugated cardboard; and Yard
Trash. The tonnages for each material shall be reported separately
for: (a) Customers occupying Multi-Family Residences and receiving
Commercial Collection Service; (b) Customers occupying Multi-Family
Residences and receiving Residential Collection Service; and (c) all
other Residential Customers.
The total number of Customers served during the month and the
number of: (a) Customers occupying Multi-Family Residences and
receiving Commercial Collection Service; (b) Customers occupying
Multi-Family Residences and receiving Residential Collection Service;
and (c) other Residential Customers.
The number of Residential Customers participating in the Recycling
Program.
Number, type, and weight of White Goods and Electronic Equipment
collected during the month.
Number of Tires collected during the month.
Number of Non-Collection Notices issued to Customers during the
month.
16.2.2.8 Number of Missed Collections, and the total number of Legitimate
Complaints, during the month.
16.2.2.9 The number of Recycling Carts and Roll Carts distributed during the
month, plus the total number of Recycling Carts and Roll Carts
provided to Residential Customers during the Agreement Year.
16.2.3 The Monthly Report shall provide the following information for Commercial
Customer service:
16.2.2.1
16.2.2.2
16.2.2.3
16.2.2.4
16.2.2.5
16.2.2.6
16.2.2.7
10A~
16.2.3.1 For each Commercial Customer: the name and mailing address of the
Customer; the location, size and number of containers used by the
Customer; the owner of the containers; the frequency of Collection for
each container; and any Supplemental Collection Service received.
16.2.3.2 Tonnage collected during the month for each of the following
materials: Solid Waste; Program Recyclables; and Yard Trash.
16.2.3.3 Tonnage collected during the month for each of the following
materials: newspaper; glass; aluminum cans; steel cans; and
corrugated cardboard.
16.2.3.4 Number of Missed Collections, and the total number of Legitimate
Complaints, during the month.
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16.2.3.5 Names and addresses of any Commercial Customers that were
offered and declined Collection Service for Recyclable Materials.
16.2.4 The Contractor shall identify each number in the Monthly Report that is
based on an estimate and shall clearly explain how the Contractor
estimated the number used in the report.
16.3 Annual Report
16.3.1 Contractor shall submit Annual Reports to the Director within thirty (30)
calendar days after the end of each Agreement Year.
16.3.2 At a minimum, the Annual Report shall include the following information:
16.3.2.1 Annualized information for all items required in the Monthly Report for
Residential and Commercial Customer service.
16.3.2.2 An updated list of all vehicles and equipment used to provide
Collection Services under this Agreement, including make, type, year,
license number, and ID number for each.
16.3.2.3 An updated Collection Plan, including current route maps and
schedules for all Collection Services provided under this Agreement.
16.3.2.4 A description of any public education activities completed by the
Contractor and a general accounting of the amount of money
expended during the year for educational purposes.
16.3.2.5 A description and inventory, indicating quantities and condition, of the
equipment, facilities, manpower, and other resources the Director
deems necessary for emergency conditions.
16.3.2.6 A trend analysis and overall evaluation of the number and types of
Legitimate Complaints received by the Contractor on a monthly and
annual basis during the term of this Agreement. The evaluation shall
include a corrective action plan for systemic and chronic problems.
16.3.2.7 An updated Contingency Plan.
16.3.2.8 A summary of all accidents and Legitimate Complaints involving
damage to public or private property.
16.3.2.9 Upon request by the Contractor, the Director may waive one or more
of the requirements for the Annual Report.
16.4 Other Reports, Documents and Notifications
16.4.1 Residential Recvclinq Participation Report. Contractor shall perform a "Set
Out" count of Customer participation in the residential recycling program, in
March and September of each Agreement Year. Contractor shall provide
reports to the Director concerning the Collection of Residential Program
Recyclables and Residential Yard Trash no later than April 15th and
October 15th, respectively. The Director and the Contractor shall agree on
the format of the reports. The reports shall evaluate the data for each
Collection route, and for all Collection routes combined. These counts shall
be performed under the direction and to the satisfaction of the Director.
16.4.2 Updates to Safety Plan. Contractor shall continuously update its safety
plan to reflect any changes in Contractor's operations. The Contractor shall
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deliver an updated plan to the Director within five (5) Days whenever any
changes are made to the safety plan.
16.4.3 Accidents and Property Damaae. Contractor shall notify the Director of any
accidents involving the Contractor's staff, vehicles, or equipment requiring
notification to OSHA or any other Person under Applicable Laws.
Contractor also shall notify the Director of accidents involving damage to
public or private property. In all such cases, verbal notice shall be provided
within six (6) hours of the accident and a written report shall be provided to
the Director within one (1) Day of the accident. If any issues are
unresolved at that time, a subsequent report shall be provided to the
Director within two (2) Days following the ultimate disposition of the case.
The Contractor also shall provide the Director with copies of any reports or
notices provided to OSHA or the Department of Transportation, within two
(2) Days after such documents are submitted.
16.5 General Record Keeoina and Reoortina Reauirements
16.5.1 Contractor shall cooperate with the Director and provide every reasonable
opportunity for ascertaining whether or not the duties and responsibilities of
the Contractor are being performed.
16.5.2 Contractor shall promptly provide any information, in addition to that
required explicitly by this Agreement, that the Director or the Contractor
deem relevant under the circumstances.
16.5.3 The County shall have the right to inspect, copy, and audit, at the County's
expense, all of the Contractor's financial books and records concerning the
Contractor's services under this Agreement. Work papers of the
Contractor's auditor shall be made available to the Director, upon request.
The Director also shall have the right to inspect and copy all of the
Contractor's other books and records, except for confidential and
proprietary information, concerning the Contractor's services under this
Agreement.
16.5.4 The Contractor's documents shall be made available for inspection during
normal business hours at the Contractor's office in Collier County. These
documents may be copied by the County, at its expense. These
documents shall be maintained by the Contractor for at least five (5) years
following the date when they were prepared, or the termination of this
Agreement, whichever occurs first.
16.5.5 All of the Contractor's reports to the County shall be submitted in a hard
copy and in an electronic format approved by the County. The form and
content of all reports are subject to the Director's approval.
16.5.6 In any report submitted to the County, the Contractor may include
proposals for changes in this Agreement or the County's operations that will
increase operating efficiencies or reduce costs for the County.
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17 Education, Promotion and Public Awareness
17.1 Participation in County Activities
Contractor shall participate in the County's Solid Waste program activities, including
but not limited to: public appearances in support of the County's Recycling Program;
use of the County's recycling theme, colors, and logos on Collection vehicles and
containers; distribution of promotional literature; participation in special events;
special educational presentations; and similar activities. All literature shall include a
County phone number, approved by the Director.
From time to time, but not more than twelve (12) times per year, Contractor shall
assist and/or support the County at local special events (e.g., Earth Day). Examples
include but are not limited to: using Collection vehicles to participate in local parades;
bringing Collection vehicles to special events; and providing staff to assist County
staff at various informational booths. The Contractor shall not be required to staff
booths more than a total of 60 Person hours per year.
17.2 Usaqe of County Themes and Loqos
Upon request, Contractor shall display the County's recycling, waste reduction, and
conservation themes and logos on signs (decal or painted) on designated Collection
vehicles. Lettering size shall be appropriate to the size of the sign. The Director
shall approve the content, style, size and form of such signs. The signs also shall be
subject to the Contractor's approval, which shall not be unreasonably withheld.
17.3 Distribution of Information with Recyclinq Containers
Contractor shall distribute informational, promotional and educational materials (e.g.,
brochures, newsletters, door hangers, etc.) provided by the County. The materials
shall be delivered to the Customer with the delivery of each new or replacement
Recycling Container.
17.4 Distribution of Information to Commercial Customers
Contractor shall provide information to all Commercial Customers regarding the
County's Recycling Program, waste reduction program, Hazardous Waste collection
program, and related matters. This information shall be distributed in March and
November of each Agreement Year. The form and content of this information shall
be subject to the Director's approval.
17,5 Production and Distribution of Promotional and Educational Material
In addition to the staffing requirements in Section 17.1, Contractor shall expend
$50,000 per Agreement Year assisting the County with educational, promotional, and
public awareness activities, including, but not limited to the following:
17.5.1 At its expense, Contractor shall mail one (1) Solid Waste informational
document, developed and published by the County, to all Customers in the
Contractor's Service District. The document shall be distributed quarterly
each Agreement Year. The County shall give the Contractor a minimum of
four weeks notice prior to the mailings. Contractor shall perform mailings
under the direction and to the satisfaction of the Director.
17.5.2 At its expense, Contractor shall distribute pre-printed promotional materials
(e.g., brochures, newsletters, flyers, door hangers, magnets), up to four (4)
times per Agreement Year, to all Customers in the Contractor's Service
District. These materials shall be developed and provided by the County to
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educate Residential and Commercial Customers about the proper methods
to be used to Set Out their Solid Waste, Yard Trash and Program
Recyclables, and to provide other information concerning the County's
Solid Waste program.
17.5.3 At its expense, Contractor shall publish a quarter-page, County-prepared
advertisement, promoting Solid Waste programs. The advertisement shall
be published twice each Agreement Year in the newspaper that has the
largest local circulation.
17.5.4 When determining whether the Contractor has satisfied its obligation to
spend $50,000 per Agreement Year on educational activities, the County
shall consider and include the Contractor's out-of-pocket costs for printing,
publishing, and mailing educational materials to Customers pursuant to
Sections 5.3 (during the transition before the Commencement Date), 17.1,
17.2, 17.3, and 17.4, above, but shall not include any costs incurred by the
Contractor pursuant to Section 17.6, below.
17.6 Public Notices Concerninq Chanaes in Collection Services
At its expense, the Contractor shall prepare and publish a notice whenever the
Contractor's schedule or Collection Days are changed for Residential Customers.
The notice shall be subject to approval by the Director. The notice shall be placed in
the newspaper that has the largest circulation in the County. The notice shall cover
at least one-quarter (1/4) of a page in the general section of the newspaper (Le., not
in the legal or classified advertisements). The Contractor also shall mail or deliver
the notice to each Residential Customer within the Contractor's Service District that
will be affected by the change. The notices shall be published and delivered not less
than ten (10) calendar days and not more than thirty (30) calendar days prior to the
Contractor's change in service.
18 Changes to Services
18.1 Addition or Deletion of Recyclable Materials
18.1.1 If the County decides to change the Materials Acceptance Protocol, or add
or delete Program Recyclables, the County and Contractor shall enter into
good faith negotiations to amend this Agreement, if necessary, to reflect
such modifications. If the County determines it is appropriate to add or
delete Program Recyclables, Contractor shall be given at least sixty (60)
days to adjust its services accordingly.
18.1.2 If the County and Contractor fail to reach an agreement regarding the Rate
to be paid following the addition or deletion of any Program Recyclables,
the County may require the Contractor to participate in mediation, as
specified in Section 30 of this Agreement.
18.2 Recyclina Facility in Collier County
18.2.1 The County may require the Contractor to deliver Recyclable Materials
collected in Service District I to a Recycling Facility located in Collier
County. The Director shall give the Contractor at least three hundred sixty-
five (365) calendar days notice before requiring the Contractor to use a
Recycling Facility designated by the County. The Contractor shall not
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receive any additional fee or an increase in the Rates for taking Recyclable
Materials to the County's Designated Site in Collier County.
18.2.2 If the County requires the Contractor to deliver Recyclable Materials to a
Designated Site in Collier County, the County shall reimburse the
Contractor for the lost profits, if any, that the Contractor would have earned
under this Agreement from the sale of those Recyclable Materials. The
County's obligation to reimburse the Contractor for lost profits shall only
apply to those Recyclable Materials that will be collected in Service District I
and delivered to the Designated Site during the remaining portion of the
term of the Agreement, prior to any subsequent renewals. Any disputes
concerning the amount of the Contractor's lost profit shall be resolved
through the dispute resolution process described in this Agreement.
18.3 Provision of Service Upon Termination
If this Agreement is terminated by the County, the Board may, at its sole discretion,
authorize one or more qualified hauling contractor(s) to provide Collection Services
for Solid Waste, Program Recyclables, and Yard Trash in Service District I, under
such terms and conditions as the Board deems appropriate.
18.4 Collection and Processinq of Commercial Orqanics
18.4.1 If the County decides to collect and process Commercial Organics, the
County shall give the Contractor an opportunity to submit a proposal for
providing these services in Service District I. If the County and Contractor
are unable to negotiate a mutually acceptable agreement for the provision
of these services, the County may issue a request for proposals or take
such other action as it deems appropriate.
18.4.2 If the County executes a contract with a Person other than the Contractor
for the Collection of Commercial Organics in Service District I, the County
shall give notice to the Contractor at least ninety (90) calendar days before
the Person begins to collect Commercial Organics pursuant to its contract
with the County. In such case, the County shall reimburse the Contractor
for the lost profits the Contractor would have earned under this Agreement
from the Collection of Commercial Organics in Service District I during the
remaining portion of the term of this Agreement, prior to any renewals of the
Agreement, but only if and only to the extent that: (a) the County's
Collection of Commercial Organics directly causes a reduction in the
amount of Solid Waste collected annually by the Contractor; and (b) the
reduction is greater than five percent (5%).
18.4.3 For the purpose of Section 18.4.2, "lost profit" means a reduction in the
Contractor's net revenue that was directly caused by a reduction in the
amount of Commercial Organics collected by the Contractor under this
Agreement. Lost profit does not include a reduction in net revenue that was
caused by increased capital or operating expenses.
18.4.4 For the purpose of Section 18.4.2, the parties shall determine whether there
has been a reduction in the amount of Solid Waste collected under this
Agreement by comparing (a) the amount of Solid Waste collected during
the first twelve months after the County begins to collect Commercial
Organics and (b) the amount of Solid Waste collected during the prior
twelve months.
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18.4.5 To calculate lost profits under Section 18.4.2, the parties shall: (a)
determine the net revenue the Contractor earned for the Collection of one
ton of Commercial Organics during the twelve (12) months before the
County began to collect Commercial Organics; (b) determine the extent to
which the reduction in the Contractor's Collection of Solid Waste exceeded
five percent (5%); (c) convert the value identified in subsection (b) into tons;
and (d) multiply the Contractor's net revenue per ton, as determined
pursuant to subsection (a), by the appropriate number of tons, as
determined pursuant to subsection (c), and by the remaining number of
years (or fractions thereof) in the term of the Agreement. This calculation
may be expressed by the following formula:
LP = NRPT x ET x T
Where: LP is the amount of the Contractor's lost profit; NRPT is the
Contractor's net revenue per ton; ET is the excess tonnage (i.e., the
amount greater than a 5% reduction in the Contractor's Collections); and T
is the time (years) remaining under the Agreement.
19 Additional Services
19.1 Commercial Waste Reduction
The County reserves the right to negotiate with the Contractor to implement
incentives to increase the diversion of Commercial Recyclables from the Naples
Landfill.
19.2 Community Service
At its expense, Contractor shall provide the following services for community
programs, in accordance with applicable Board resolutions:
19.2.1 Provide Collection Service for monthly community clean-up projects.
Collection Service for each community clean-up shall include: up to four (4)
sites; a minimum of two (2) roll-off containers at each site; and a minimum
of three (3) additional roll-off containers per site, with one each for Yard
Trash, White Goods, and Tires. Each roll-off container shall be emptied up
to three (3) times. The County shall pay the Tipping Fee for the disposal of
materials collected during the community clean-ups.
19.2.2 Provide Curbside Collection for up to four thousand (4,000) thirty-two (32)
gallon bags of Solid Waste, and up to four hundred (400) thirty-two (32)
gallon bags of Program Recyclables, collected annually during Keep Collier
County Beautiful events or similar clean-ups. The County shall pay the
Tipping Fee for the disposal or processing of the collected materials.
19.2.3 Transport (Ubackhaul") the County's compost to County parks. The County
and the Contractor shall agree on the schedule of delivering the compost.
The Contractor shall haul at least twenty-four (24) Loads of Compost per
year.
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19.3 Pilot Studies
During the term of this Agreement, the County will likely conduct pilot studies to
evaluate strategies that may increase recycling, waste reduction, Collection
efficiency, or reduce the County's costs. Contractor shall cooperate with the County
in conducting such pilot studies, and shall enter into good faith negotiations with the
County if additional services are necessary from the Contractor to carry out the pilot
studies.
19.4 Electronic Eauipment
The Contractor shall collect and process Electronic Equipment that is discarded in
the Contractor's Service District. At a minimum, the Contractor shall provide the
following services at no cost to the County; except as otherwise provided below:
19.4.1 The Contractor shall hold two major events each year for the collection of
Electronic Equipment. These events shall be held at a time and place that
are mutually acceptable to the Contractor and County. The Contractor shall
provide a container for the Collection of Electronic Equipment at these
events. The Contractor also shall provide on-site staff to accept and
manage the Electronic Equipment delivered to the site. Contractor shall
transport the Electronic Equipment to an appropriate Recycling Facility for
processing.
19.4.2 The Contractor shall place a container at each one of the County's transfer
stations for the collection of Electronic Equipment. The Contractor shall
empty the container, as necessary, and shall transport the Electronic
Equipment to an appropriate Recycling Facility for processing. The
Contractor also shall train the appropriate members of the County's staff
concerning the proper management of these materials.
19.4.3 The County shall reimburse the Contractor for the cost of processing the
Electronic Equipment collected at the semiannual events and the County's
transfer stations. The County shall be billed on a monthly basis for the
processing services. The County shall only pay the Contractor's actual
cost, as documented by invoices, without mark-ups or additional fees. The
cost of processing the Electronic Equipment shall not include the cost of
collecting, transporting or handling the Electronic Equipment.
19.4.4 The Director may terminate the Contractor's services for Electronic
Equipment at any time, in the Director's sole discretion. The Director may
expand the scope of the Contractor's services, on terms that are mutually
acceptable to the parties.
19.4.5 The materials classified as Electronic Equipment may be expanded or
revised with the mutual consent of the County and the Contractor.
19.4.6 When Electronic Equipment is collected by the Contractor pursuant to this
Agreement, the Contractor initially shall transport the Electronic Equipment
to a Designated Site in Collier County, as instructed by the Director. At the
Designated Site, the County shall wrap and prepare the Electronic
Equipment for shipment to a Recycling Facility. The Director shall notify the
Contractor when the Electronic Equipment is ready for shipment to a
Recycling Facility. The Contractor shall remove the Electronic Equipment
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from the County's Designated Site within three (3) Days after receiving the
Director's notice.
19.4.7 The Contractor shall pay all costs associated with the transportation of the
Electronic Equipment to a Recycling Facility, provided that the Recycling
Facility is located within two hundred (200) miles of the County. The
County shall reimburse the Contractor for the incremental fuel costs
incurred by the Contractor if the Director instructs the Contractor to use a
Recycling Facility located more than 200 miles from the County and those
incremental fuel costs are reasonable and appropriately documented.
19.4.8 At all times, the Contractor shall handle Electronic Equipment carefully to
minimize breakage and damage. The Contractor shall collect all Electronic
Equipment manually, except when the Electronic Equipment has been
placed in a Commercial Container by a Person other than the Contractor.
20 Emergency Situations and Disaster Debris
20.1 Use of Contractor Services
If excessive amounts of Disaster Debris accumulate because of a hurricane, tropical
storm, freeze, or other natural or manmade disaster, the County, at its sole
discretion, may utilize the Contractor to assist with Collection of the Disaster Debris.
The County also may utilize the County's Disaster Debris Contract in accordance
with the County's Comprehensive Emergency Management Plan, as amended from
time to time. If the Director determines that an emergency situation exists, the
Director may direct the Contractor to perform such work for the Rates specified in
Section 26.2 of this Agreement. Nothing herein shall require the County to utilize the
services of Contractor, or prevent the County from hiring other parties to perform part
or all of such work. The County also reserves the right to utilize County personnel
and equipment in the removal of Disaster Debris.
20.2 Variance in Routes and Schedules
In the event of a hurricane, major storm, or other natural or man-made disaster, the
Director may grant Contractor a variance from the Contractor's regular routes and
schedules. In the event such a variance is granted, there shall be a corresponding
reduction in payment to the Contractor, if appropriate. As soon as practicable after
such a disaster, the Director shall advise the Contractor when normal Collections
and routes can be resumed. The County and the Contractor shall make every effort
through the local news media to inform the public when regular services can resume.
20.3 Continqencv Plan
Contractor shall develop a Contingency Plan, which shall describe the Contractor's
plan of action in the event that an emergency or other situation renders the
Contractor's operations yard or equipment unusable. The Contingency Plan shall
describe the steps that the Contractor shall take to avoid interruptions in Collection
Service. The Contingency Plan shall be submitted to the Director by August 1, 2005.
Thereafter, the Contingency Plan shall be updated and resubmitted to the Director
with the Contractor's annual report pursuant to Section 16.3, and within two (2) Days
whenever the plan is revised by the Contractor.
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20.4 Emerqencv Manaqement/Disaster Meetinqs
Contractor shall attend the County's emergency management/disaster preparedness
meetings, and shall provide the County with any materials that may be useful to the
discussion, including, but not limited to, Collection schedules and routes and security
codes to private community gates. The Director shall notify the Contractor of the
date, time and location of the meetings, and any necessary materials to be provided
by the Contractor.
21 Insurance
21.1 Requirements for Insurance Carriers
Contractor shall procure and maintain the following types of insurance coverage at
all times during the term of this Agreement. The policies of insurance shall be written
on forms acceptable to the County, and shall be placed with an insurance carrier that
is approved and licensed by the Insurance Department of the State of Florida and
acceptable to the Director. The insurance carrier shall have a minimum financial
rating by the A.M. Best & Company of no less than "Excellent", with a minimum class
size of "VII".
21.2 Workers Compensation Insurance
Contractor shall provide workers compensation insurance, on behalf of all employees
who provide a service under this Agreement, as required under any Applicable Law,
including Chapter 440, Florida Statutes. Contractor shall provide employers liability
insurance with limits not less than:
21.2.1 $1,000,000 per employee per accident
21.2.2 $500,000 disease aggregate
21.2.3 $500,000 employee per disease
21.3 Commercial General Liabilitv
Contractor shall provide commercial general liability insurance including, but not
limited to, bodily injury, property damage, contractual, products and completed
operations, and personal injury, with limits of not less than $1,000,000 per
occurrence, $2,000,000 aggregate, covering all work performed under this
Agreement.
21.4 Automobile Liabilitv
Contractor shall provide automobile liability insurance, including bodily injury and
property damage for all owned, leased, hired and non-owned vehicles, with limits of
not less than $1,000,000 combined single limit, covering all work performed under
this Agreement. (Limits may be satisfied by combining an umbrella form and
automobile liability form for a combined total limit of $10,000,000.)
21.5 Umbrella Liabilitv
Contractor shall provide umbrella liability insurance with limits of not less than
$10,000,000 per occurrence, covering all work performed under this Agreement.
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21.6 Hazardous Waste Insurance
If regulated quantities of Hazardous Waste are identified while carrying out this
Agreement, no further work is to be performed in the area of the Hazardous Waste
until the County's Risk Management Department has been consulted as to the
potential need to procure and maintain any or all of the following coverages:
21.6.1 Contractor's Pollution Liabilitv. For sudden and gradual occurrences, in an
amount no less than $5,000,000 per claim and $5,000,000 in the
aggregate, arising out of the work performed under this Agreement,
including, but not limited to all Hazardous Waste identified under this
Agreement.
21.6.2 Asbestos Liabilitv. For sudden and gradual occurrences, and in an amount
no less than $1,000,000 per claim and $1,000,000 in the aggregate, arising
out of work performed under this Agreement.
21.6.3 Hazardous Waste Disposal. When applicable, the Contractor shall
designate the disposal site and furnish a certificate of insurance from the
disposal facility for Environmental Impairment Liability Insurance, covering
liability for sudden and accidental occurrences in an amount not less than
$5,000,000 per claim and $5,000,000 in the aggregate, and shall include
liability for non-sudden occurrences in an amount not less than
$10,000,000 per claim and $10,000,000 in the aggregate.
21.6.4 Hazardous Waste Transportation. When applicable, the Contractor shall
designate the hauler and furnish a certificate of insurance from the hauler
for automobile liability insurance with Endorsement MCS90 for liability
arising out of the transportation of Hazardous Waste, with an amount not
less than $1,000,000 annual aggregate, and provide a valid EPA
identification number.
21.6.5 Certificates of Insurance. The certificate of insurance furnished by the
Contractor shall clearly identify the hazardous material exposure work
being performed under this Agreement.
21.7 General Insurance Reauirements
Unless otherwise approved by the County's Risk Management Department, all
policies required herein, with the exception of workers compensation insurance, are
to be written on an occurrence basis, and shall name Collier County, its
commissioners, officers, agents, employees, and volunteers as additional insureds.
Insurer(s), except with regard to the workers compensation coverage, shall waive all
rights of subrogation against Collier County, its commissioners, officers, agents,
employees and volunteers.
21.8 All of the insurance requirements imposed on the Contractor in this Agreement also
shall be applicable to the Contractor's subcontractors under this Agreement. The
Contractor shall be held responsible for any deficiencies, deviations, or omissions in
any subcontractor's insurance.
21.9 Each insurance policy required by this Agreement shall:
21.9.1 Apply separately to each insured against whom claim is made and suit is
brought, except with respect to the limits of the insurer's liability.
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21.9.2 Be endorsed to state that coverage shall not be modified, suspended,
voided, or canceled until 30 calendar days after written notice by certified
mail, return receipt requested, has been given to Collier County's Risk
Management Department.
21.10 The County shall retain the right to review, at any time, the Contractor's coverage,
form, and amount of insurance. Upon request, the Contractor shall provide copies of
its insurance policies to the Director within two (2) Days.
21.11 The procuring of required policies of insurance shall not be construed to limit
Contractor's liability or to fulfill the indemnification provisions and requirements of this
Agreement.
21.12 Contractor shall be solely responsible for payment of all premiums for insurance
contributing to the satisfaction of this Agreement and shall be solely responsible for
the payment of all deductibles and retentions to which such policies are subject,
whether or not Collier County is an insured under the policy.
21.13 Claims made policies shall be accepted for professional and such other risks as are
authorized by the County's Risk Management Department. All claims made policies
contributing to the satisfaction of the insurance requirements herein shall have an
extended reporting period option or automatic coverage of not less than two years. If
provided an option, the Contractor agrees to purchase the extended reporting period
on cancellation or termination, unless a new policy is affected with a retroactive date,
including at least the last policy year.
21.14 Certificates of Insurance evidencing Claims Made or Occurrence form coverage and
conditions to the Contractor, as well as the County's contract number and description
of work, are to be furnished to the Director prior to September 1, 2005, and within
thirty (30) calendar days of expiration of the insurance contract, when applicable. All
insurance certificates shall be received and approved by the County's Risk
Management Department before the Contractor shall be allowed to commence or
continue work.
21.15 Notice of Accident (occurrence) and Notice of Claims associated with work being
performed under this Agreement, shall be provided to the Contractor's insurance
company as soon as practicable after notice to the Contractor of any incident
(occurrence) or claim arising out of the terms of this Agreement. The Notice of
Accident shall be provided to the Director within two (2) Days.
21.16 At the end of the initial Term and each renewal Term, the County shall have the right
to require the Contractor to increase the amount of the insurance coverage provided
under this Agreement.
21.17 Should the Contractor at any time fail to maintain the insurance coverages required
in this Agreement, the County, at its discretion, is authorized to purchase such
coverage and charge the Contractor for the coverage purchased. The County shall
be under no obligation to purchase such insurance, or to be responsible for the
coverage purchased, or the financial stability of the insurance companies used.
22 Performance Bond
22.1 Contractor shall furnish the County with a Performance Bond or other financial
instrument ensuring the faithful performance of this Agreement. The bond shall be
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provided no later than September 15, 2005. The Performance Bond shall be in an
amount not less than fifty percent (50%) of the value of one (1) year of the
Contractor's Residential Collection Service. The general form of the Performance
Bond is shown in Exhibit V(A). The amount of the Performance Bond shall be
determined by the Director and calculated in accordance with the formula in Exhibit
V(B). The term of the Performance Bond shall be no less than one year, beginning
on the Commencement Date. Contractor shall furnish the County with a new
Performance Bond for an additional term of not less than one year, from the
expiration date of the Performance Bond then in effect, for each year this Agreement
is in effect. The new Performance Bond shall be submitted at least thirty (30) days
prior to the expiration date of the Performance Bond then in effect.
22.2 The Performance Bond shall be issued by one and only one surety, which shall be a
surety company authorized to do business in the State of Florida, and holding a
Certificate of Authority from the Secretary of the Treasury under Act of Congress,
approved on July 30, 1947 (U.S.C. 613). Acceptable surety companies shall be
licensed to do business in Florida and shall have an A.M. Best rating of "A" or better
and a "T" Underwriting Limitation, which is not exceeded by this project's
Performance Bond.
22.3 The form of the proposed Performance Bond shall be provided to the Director by July
15, 2005, for approval.
23 Assignment and Subletting
23.1 No assignment of this Agreement or any right or responsibility occurring under this
Agreement shall be made in whole or in part by the Contractor without the express
written consent of the Board. The Board shall have the right to approve or deny, with
or without cause, any proposed or actual assignment by the Contractor. Any
assignment of this Agreement made by the Contractor without the express written
consent of the Board shall be null and void and shall be grounds for the County to
declare a default of this Agreement. In such cases, the Board may terminate this
Agreement by giving written notice to the Contractor, and upon the date of such
notice, this Agreement shall be deemed immediately terminated. Upon such
termination all liability of the County under this Agreement to the Contractor shall
cease, except for the amounts due and owing for Collection Services completed at
that time. Thereafter, the County shall have the right to call the Performance Bond
and shall be free to negotiate with any Person for the service which is the subject of
this Agreement.
23.2 In the event that the Board's consent to any proposed assignment is denied,
Contractor shall continue to provide all of the services required herein for the
remainder of the Term.
23.3 If any assignment is approved by the Board, the assignee shall fully assume all of
the liabilities of the Contractor.
23.4 The requirements of this Section 23 shall include, but not be limited to cases where
the Contractor hires a subcontractor to undertake any of the Contractor's obligations
under this Agreement.
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24 Transfer of Ownership
The transfer of this Agreement, by transfer of ownership, transfer of corporate shares, or any
other means to effect a change in the ownership structure of the Contractor, shall be
effective only after approval by the Board. An application to transfer this Agreement shall be
submitted jointly by the proposed transferor and transferee, and shall contain the same
information as necessary as for the granting of a franchise. The proposed transferee shall
verify in writing that (a) it will comply with all of the requirements in this Agreement and (b) it
has the financial resources, expertise, equipment and other capabilities necessary to do so.
The Board may grant or deny the application for transfer, or may grant the application
subject to conditions.
25 Payment for Services and Administrative Fees
25.1 Prohibitions on Payments
Neither the Contractor nor its agents, subcontractors, employees or other
representatives shall accept monetary remuneration from any Customer for the
provision of services described in this Agreement, unless such payments are
explicitly authorized in this Agreement, and the payments are less than or equal to
the amounts authorized.
25.2 County's Oblioation to Pay for Residential Collection Service
The County shall be responsible for billing and collecting the fees that must be paid
by the County's residents for Residential Collection Service. In turn, the County shall
make monthly payments to the Contractor for the Residential Collection Service that
the Contractor provides. The Contractor shall be entitled to payment for the services
it renders, even if the County does not collect the necessary fees for such services
from the County's residents. The Contractor shall be responsible for billing and
collecting its fees for any Residential Supplemental Collection Service.
25.3 Procedure for Payment of Residential Service
The County's payments to the Contractor for Residential Collection Service shall be
made on a monthly basis, for services performed during the previous month, in an
amount equal to one-twelfth of the approved annual payment per Residential
Customer. Payments to the Contractor shall be calculated by: (a) multiplying the
Rate for Residential Collection Service by (b) the number of Residential Customers
that received Residential Collection Service during the month, and (c) deducting any
liquidated damages assessed against the Contractor. Payment shall be sent to the
Contractor within the first twenty (20) Days of the month.
25.4 Addino New Residential Customers
If a new Residential Customer is added to the Customer List, the County shall pay
the Contractor for its services to the new Customer, subject to the following
conditions. If the Contractor's initial service to a new Customer commences prior to
the fifteenth calendar day of the month, the County's payment for that Customer will
be for a full month's service. If the initial service commences on or after the fifteenth
day of the month, there will be no payment to the Contractor for any services
provided that month.
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25.5 Removinq Residential Customers
If the County removes a Customer from the Customer List, the County shall reduce
its payments to the Contractor, subject to the following conditions. If the County
notifies the Contractor on or before the fifteenth calendar day of the month that the
Customer has been removed from the Customer List, the Contractor shall not be
paid for any service it provides to the Customer during that month. If the County
notifies the Contractor after the fifteenth day of the month that the Customer has
been removed from the Customer List, the Contractor shall be paid for the entire
month.
25.6 Overpayments and Underpayments for Residential Service
If the Contractor provides service to a Person that is not included in the Customer
List provided by the County, the Contractor shall provide the Director with
appropriate information, in the format required by the Director, concerning the
existence of and service to the Person. Upon verifying this information, the County
shall revise the Customer List and shall begin remitting monthly payments to the
Contractor for its new Customer. If the County pays the Contractor in error, for
whatever reason, the Contractor shall promptly notify the Director to rectify the
mistake. The Director shall make appropriate adjustments to the Contractor's
payments under this Agreement to offset any past underpayments or overpayments
resulting from any error.
25.7 Payments for Commercial Service
Contractor shall be responsible for the billing and collection of Rates to be charged
for Commercial Collection Service and Commercial Supplemental Collection Service,
including collection and payment of Tipping Fees. The Contractor shall pay the
Tipping Fee at the Designated Site when the Contractor delivers Commercial Waste
or Commercial Recyclables.
25.8 County BillinQs for Commercial Service
The County, at its sole option, may elect to take over the billing and collection of fees
for Commercial Collection Service. If the County elects to do so, the Contractor shall
provide the County with a comprehensive list of Commercial Customers, including
the location, size and number of containers, and frequency of Collection, in an
electronic format approved by the County. The Contractor and County agree to
enter into good faith negotiations to amend this Agreement (including Rates) to
reflect such a change.
25.9 Administrative Fees
To compensate the County for the cost of administration, supervision and inspection
required for the effective performance of this Agreement, the Contractor shall pay to
the County an administrative fee equal to two percent (2%) of all gross revenues
collected from Residential Customers, plus three percent (3%) of all gross revenues
collected from Commercial Customers, including disposal fees, arising out of any
services or operations governed by this Agreement. The amount of the
administrative fee may be adjusted by the County on October 1 of each Agreement
Year, beginning on October 1, 2006, but the administrative fee shall not exceed five
percent (5%). The administrative fee shall not be increased unless the Rates in
Exhibit I are increased appropriately to maintain the Contractor's net revenues.
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For the purposes of determining the amount of the administrative fee, gross
revenues shall include the disposal fees associated with Residential Collection
Service, whether or not such fee is directly collected or paid by the Contractor. The
residential disposal fee to be used for this purpose shall be based upon the Rates
established in the exhibits attached hereto. Administrative fees shall be payable
monthly in arrears with the disposal fees. Any amounts not paid when due shall earn
interest at the maximum legal rate. Adjustments to the administrative fee, based
upon new or additional information about the Contractor's gross revenues, may be
made from time to time by the Director, after providing notice to Contractor.
26 Rates
26.1 Standard Rates
26.1.1 Separate Rates for Residential Collection Service, Commercial Collection
Service, and for each Residential and Commercial Supplemental Collection
Service, are shown in Exhibits I(A) and I(B) of this Agreement.
26.1.2 Contractor shall utilize the Rates in Exhibits I and II of this Agreement when
billing its Customers.
26.1.3 Contractor is authorized to charge interest at the rate set by Florida
Statutes on any delinquent Commercial Customer account.
26.1.4 Contractor may collect a deposit prior to initiating service to a Commercial
Customer. The deposit shall not exceed the expected charge for two (2)
months service to the Commercial Customer. In the event a deposit is
collected, it may be used to offset any delinquent amounts due the
Contractor after termination of service. Any remainder of a collected deposit
shall be returned to the Commercial Customer.
26.1.5 The Contractor may charge a fee to a Commercial Customer for resumption
of service, where the Contractor discontinues service because the
Commercial Customer became delinquent in payments. The amount of the
fee is set forth in Exhibit I(B).
26.2 Special Rates for Emerqencv Situations and Disaster Debris
If the Director makes a determination that an emergency situation exists and directs
the Contractor to collect Disaster Debris, as specified in Section 20 of this
Agreement, the County shall pay the Contractor the following rates.
26.2.1 If the quantity of Yard Trash collected from Residential Customers in a
given month exceeds 110 percent of the previous four-year average
quantity of Residential Yard Trash collected during that month, the County
shall pay the Contractor a per-hour rate for each hour needed to collect
Yard Trash in excess of 100 percent of the average. The hourly rate for a
Federal Emergency Management Administration (FEMA) event is $140.00;
the hourly rate for a Non-FEMA event is $125.00. The current four-year
monthly averages are provided in Exhibit VII, and will be recalculated
annually.
26.2.2 If the quantity of Solid Waste collected from Residential Customers in a
given month exceeds 110 percent of the previous four-year average
quantity of Residential Solid Waste collected during that month, the County
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shall pay the Contractor a per-hour rate for each hour needed to collect
Solid Waste in excess of 100 percent of the average. The hourly rate for a
FEMA event is $140.00; the hourly rate for a Non-FEMA event is $125.00.
The monthly averages for 2002-2003 are provided in Exhibit VII. The most
recent four year averages will be determined on the Commencement Date
and recalculated annually thereafter.
26.2.3 If the County directs the Contractor to utilize roll-off containers for Collection
of Disaster Debris, the County shall pay the Contractor per hour for
placement and Collection of each roll-off container. The per hour charge
for a FEMA event is $115.00; the per hour charge for a non-FEMA event is
$100.00. Tipping Fees will be paid by the County.
26.2.4 At its option, the County may pay the Contractor $11.50 per cubic yard for
the Collection of Yard Trash, instead of the amounts authorized in Section
26.2.1, above. This fee shall be in effect during the first Agreement Year.
Thereafter, this fee shall be reviewed and renegotiated annually.
27 Rate Adjustment
27.1 Annual CPI Adiustments to Collection Rates
27.1.1 The Collection portion of the Residential Customer Rates and the Collection
portion of the Commercial Customer Rates (e.g., front-load, compactor, and
roll-off Rates) shall be adjusted on October 1st of each year, beginning in
the second Agreement Year, as described below.
27.1.2 The Rate shall be adjusted in an amount equal to seventy percent (70%) of
the change in the Consumer Price Index ("CPI") during the previous year,
but the adjustment shall not exceed five percent (5%) in anyone year. The
formula in Exhibit II shall be used to calculate the Rate for the upcoming
Agreement Year.
27.1.3 The CPI shall be the lesser of the United States All Urban CPI, or the
Southern All Urban CPI, published by the U.S. Department of Labor,
Bureau of Labor Statistics, for the twelve (12) months ending on the April
30th that precedes each new Agreement Year. If the CPI is discontinued or
substantially altered, the County may select another relevant price index
published by the United States Government or by a reputable publisher of
financial and economic indices.
27.1.4 Exhibit II contains sample calculations that illustrate how the Collection Rates
will be adjusted, based on the CPI.
27.1.5 The fees set forth in Exhibit I(B) for Supplemental Services shall be adjusted
annually to account for changes in the CPI. These CPI adjustments shall be
made in the same manner as the other CPI adjustments described in this
Section 27.1.
27.2 Adiustments to Commercial Disposal Rates
27.2.1 The disposal Rates for Commercial Customers shall be adjusted, in the
manner shown in Exhibit II, whenever the Tipping Fee at the Naples Landfill
is adjusted.
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27.2.2 At least thirty (30) calendar days prior to the effective date of any proposed
adjustment in the Tipping Fee to be charged at the Naples Landfill, the
County shall notify the Contractor of such adjustment, and shall provide the
Contractor with a revised calculation of the Commercial Customer Rates
(e.g., front-load, compactor, and roll-off Rates), based on the proposed
change in the cost of disposal of Solid Waste at the Naples Landfill.
27.2.3 Exhibit II contains sample calculations that illustrate how the disposal Rates
will be adjusted, based on changes in the Tipping Fee.
27.3 Chanqes Imposed bv Law
27.3.1 If a change in law will directly affect the Contractor's cost of providing its
services under this Agreement, the Contractor may prepare a schedule of
proposed Rates which shall pass on the increased or decreased costs in a
fair and non-discriminatory manner. The schedule shall be accompanied by
all the work papers necessary for the Director to fairly evaluate the
proposed Rate increase or decrease. The Director shall review the
information provided and shall request such additional information as may
be necessary. The Director shall determine within forty-five (45) calendar
days the merits of the request, and shall make a recommendation to the
Board at a regular meeting. Adjustments to the Rates, if any, shall become
effective upon the date designated by the Board.
27.3.2 A "change in law" means the adoption, promulgation, or modification of any
Applicable Law after the Effective Date, which directly and substantially
affects the Contractor's or County's performance under this Agreement. A
change in law does not include a change in any tax law or workers'
compensation law.
27.4 Extraordinary Rate Adjustment
27.4.1 Once each Agreement Year, the Contractor may petition the Board for a
Rate adjustment on the basis of extraordinary or unusual changes in the
cost of operations that could not reasonably be foreseen by a prudent
operator. Contractor's petition shall contain a detailed justification for the
Rate adjustment. Among other things, the Contractor's petition shall
include an audited statement of Contractor's historical and current
expenses, confirming an extraordinary increase in Contractor's costs due to
factors beyond the Contractor's control, which have occurred through no
fault or negligence of the Contractor. The audited statement shall be
prepared by a certified public accountant, licensed in the State of Florida,
that is not an employee of the Contractor or its affiliates. At its expense, the
County may audit the Contractor's records to evaluate the Contractor's
request. The Director may request from the Contractor, and the Contractor
shall provide, all of the information that is reasonably necessary for the
Director to evaluate the Contractor's petition.
27.4.2 In its sole discretion, the Board shall approve or deny the request within
sixty (60) days after the Director receives all of the information needed to
evaluate the Contractor's proposal. The Board's decision shall be final and
non-appealable.
27.4.3 If the Contractor's request is granted, the Board shall have the right to
reduce the Contractor's Rates when the Contractor's costs are reduced.
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Every twelve (12) months after a request is granted, the Director shall have
the right to request, and the Contractor shall prepare promptly upon
request, an updated audit and explanation of whether the extraordinary
Rate increase should remain in effect.
27.5 Rate Reductions
The Board shall have the right to reduce the Rates, after providing notice to the
Contractor and an opportunity for a hearing. The Board may exercise its right when
the Board determines that a change in law, a reduction in the Tipping Fee, or
extraordinary event warrants a reduction in the Contractor's Rates.
28 Liquidated Damages
28.1 Basis for Liquidated Damaqes
The County and Contractor acknowledge and agree that it is difficult or impossible to
accurately determine the amount of damages that would or might be incurred by the
County due to those failures or circumstances described in this Section 28 and for
which the Contractor would otherwise be liable. Therefore, the following
administrative assessments shall constitute liquidated damages, not penalties, for
the Contractor's breach of this Agreement. These administrative charges may be
deducted from the County's payments to the Contractor.
28.1.1 Failure to clean up spilled liquids or material in compliance with the
requirements in this Agreement, within the deadlines set forth herein, after
notification by the Director or a Customer. Each failure shall result in the
imposition of a $250 assessment per event.
28.1.2 Failure or neglect to collect properly prepared Solid Waste, Yard Trash, or
Program Recyclables from any Premises at those times provided by this
Agreement, within the deadlines set forth herein, after notification by the
County or Customer. Each failure shall result in the imposition of a $100
fee. If the Contractor fails to meet the deadlines contained in this
Agreement, each additional Day of delay after the initial violation shall result
in the imposition of an additional $250 assessment.
28.1.3 Failure or neglect to correct chronic problems (chronic shall mean three (3)
or more Legitimate Complaints at the same Premises within a twelve (12)
month period) shall result in the imposition of a $250 assessment. The first
assessment shall be imposed for the third Legitimate Complaint. Additional
assessments may be imposed for each Legitimate Complaint thereafter. If
the Contractor has more than five (5) chronic complaint problems within
one month, there shall be an additional $500 assessment.
28.1.4 Failure or neglect to complete each street on a route (including missing
whole or partial streets) on the regularly scheduled Collection Day, within
the deadlines set forth herein, shall result in the imposition of a
$500/street/Day assessment.
28.1.5 Intentionally mixing Yard Trash, Program Recyclables, Solid Waste,
Electronic Equipment, or any other materials that are required to be
collected separately, shall result in the imposition of a $1,000 assessment
per occurrence.
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28.1.6 Mixing Commercial and Residential Garbage, Rubbish or Yard Waste
during Collection, without prior written approval from the Director, shall
result in the imposition of a $1,000 assessment for each occurrence.
28.1.7 Failure to maintain a Collection vehicle or equipment in a clean and sanitary
manner shall result in the imposition of an assessment of $100 per vehicle
per day.
28.1.8 Mixing Commercial Recyclables and Residential Program Recyclables
during Collection, unless prior approval for the mixing has been granted by
the Director, shall result in the imposition of a $1,000 assessment for each
occurrence.
28.1.9 Failure to resolve Legitimate Complaints, other than Missed Collections,
within seven (7) Days of notification shall result in the imposition of a $250
per day assessment for each occurrence until such complaint is resolved to
the satisfaction of the County.
28.1.10 Failure to timely file any report or document required herein shall result in
the imposition of a $100 assessment for each Day that each report or
document is late.
28.1.11 Failure to dispose of Residential Waste or Commercial Waste collected in
the Contractor's Service District at a Designated Site shall result in the
imposition of liquidated damages equal to the current tip fee at the
Designated Site, plus twenty-five percent (25%), for each ton disposed at
non-Designated Site.
28.1.12 Failure or neglect to correct chronic equipment problems (chronic shall
mean three (3) instances of the same or similar problem with the same
equipment/truck within a twelve (12) month period) shall result in the
imposition of a $250 assessment. The first assessment shall be imposed
for the third problem. Additional assessments may be imposed for each
problem thereafter.
28.1.13 Failure to properly and legibly label Recycling Containers, Commercial
Containers and/or Roll Carts within five (5) Days of receiving notice from
the Director, shall result in the imposition of a $100 assessment for each
container not properly labeled.
28.1 .14 If the Contractor fails to comply with any provision of this Agreement for
which liquidated damages have not been specified in this Section 28.1, the
County may impose a $200 assessment per occurrence per day.
28.1.15 Failure to have a vehicle operator properly licensed, or failure of the
operator to carry his license while on duty, shall result in a $100
assessment per occurrence per day.
28.1.16 Failure to maintain office hours in the manner specified in this Agreement
shall result in a $100 assessment per occurrence per day.
28.1.17 Failure to replace or repair a damaged container as specified in this
Agreement shall result in a $25 assessment per incident per location.
28.1.18 Failure to service a Legitimate Complaint within the specified time frame
shall result in a $50 assessment per incident per day.
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28.1.19 If the Contractor notifies the Director that a complaint has been resolved,
when the complaint has not been resolved, there shall be a $200
assessment per incident.
28.1.20 Collections outside of the hours specified in this Agreement, without prior
approval of the Director, shall result in a $100 assessment per incident per
day.
28.1.21 Failure of personnel to treat customer(s) or their property in a professional
manner shall result in a $15 assessment per incident.
28.1.22 Blocking driveways with containers or Recycling Bins shall result in the
imposition of a $25 assessment per incident, per day.
28.1.23 Failure to provide timely promotional, educational materials and/or
advertisements shall result in the imposition of a $1,000 assessment per
event.
28.1.24 Failure to comply with the deadlines in Sections 5.3 and 5.4 for the
Transition Periods shall result in an assessment of $1,000 per day, per
incident.
28.2 Procedure for Assessinq Liquidated Damaqes
28.2.1 Based upon an investigation, the Director shall determine whether
liquidated damages shall be assessed against the Contractor. The
Contractor shall not be required to pay liquidated damages in those cases
where the delay or failure in the Contractor's performance was (a) excused
in advance by the Director or (b) due to unforeseeable causes that were
beyond the Contractor's reasonable control, and without any fault or
negligence of the Contractor.
28.2.2 Prior to assessing liquidated damages, the Director shall provide written
notice to the Contractor, indicating the County's intent to assess liquidated
damages.
28.2.3 After receiving the Director's letter, Contractor shall have ten (10) Days to
file a written letter of protest with the Director.
28.2.4 If a protest is timely filed, the matter shall be referred to the Manager for
resolution. The Manager shall review the issues in a timely manner and
then provide a written decision to the Contractor.
28.2.5 If the Manager's decision is unacceptable, the Contractor shall have ten
(10) Days to file a written petition with the Director for a hearing before the
Board. Upon the timely filing of a petition, the Board shall provide the
Contractor with an opportunity to be heard at a public meeting and then the
Board shall notify the Contractor in writing of its decision concerning the
liquidated damages. The decision of the Board shall be final and non-
appealable.
28.2.6 If a protest or petition is not timely filed by the Contractor, or if the Board
concludes that liquidated damages should be assessed, the Director shall
deduct the liquidated damages from the County's next payment to the
Contractor for Collection Services.
28.2.7 The procedures in this Section 28 shall be used in lieu of the procedures in
Section 30 to resolve disputes concerning liquidated damages.
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29 Events of Termination
29.1 Failure to Fulfill Obliaations of Aareement
29.1.1 The County may terminate this Agreement for Contractor's failure to fulfill a
material obligation of the Agreement, including but not limited to:
29.1.1.1 Refusal to comply with any lawful order of the Board.
29.1.1.2 Failing to begin work within the time specified in this Agreement.
29.1.1.3 Failing to properly and timely perform work as instructed by the
Director or as provided in this Agreement.
29.1.1.4 Willful delay in filing reports and audits.
29.1.1.5 Performing the work unsuitably or neglecting or refusing to correct
such work as may be rejected as unacceptable, unsuitable or
otherwise nonconforming or defective.
29.1.1.6 Discontinuing operations without authorization from the Director.
29.1.1.7 Failing to resume work that has been suspended within a reasonable
time after being notified to do so.
29.1.1.8 Failing to obey any Applicable Law.
29.1.1.9 Willfully collecting any Rates, charges or fees for the Collection
(including disposal costs) of Solid Waste or Recyclable Materials
within the Contractor's Service District, when such sums are not
approved by the Board, or are greater than the amounts approved by
the Board.
29.1.1.10 Willfully circumventing Rates, charges or fees due for the Collection
(including disposal costs) of Solid Waste, Recyclable Materials, and
Yard Trash within the Contractor's Service District.
29.1.1.11 Otherwise failing to perform or abide by the terms of this Agreement.
29.1.2 When any of the above reasons exist, the Manager may terminate this
Agreement, without prejudice to any other rights or remedies of the County,
after giving the Contractor and the Contractor's surety, if any, written notice
that the Contractor has seven (7) Days to cure the default. Contractor may
be granted an extension of time to cure the default if it is not reasonably
possible to comply within seven (7) Days.
29.1.3 If the Contractor fails to cure the default within seven (7) Days and the
Agreement is terminated for failure to provide satisfactory performance, the
Contractor shall be entitled to receive compensation for all reasonable and
allocable services that were satisfactorily performed by the Contractor up to
the date of termination. If the County terminates this Agreement because
of the Contractor's default, the Contractor shall be liable for all excess costs
that the County is required to expend to complete the work covered by this
Agreement.
29.1.4 Except where otherwise specifically provided, the measure of damages to
be paid by the Contractor to the County due to any failure by the Contractor
to meet any of its obligations under this Agreement shall be the actual
damages incurred by the County.
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29.1.5 If the County terminates this Agreement because of a default by the
Contractor, the Contractor shall be liable to the County for all actual
damages incurred by the County as a result of the Contractor's default.
The foregoing shall apply without regard to the County's rights pursuant to
the Performance Bond.
29.1.6 If the Contractor has abandoned performance under this Agreement, then
the County may terminate this Agreement three (3) calendar days after
providing written notice to the Contractor of its intention to do so. The
notice shall state the evidence indicating the Contractor's abandonment.
For purposes of this paragraph, abandonment constitutes ceased
operations for a period of time that results in failure to perform the terms of
this Agreement.
29.2 Insolvency of Contractor
Either the appointment of a receiver to take possession of all or substantially all of
the assets of the Contractor, or a general assignment by Contractor for the benefit of
creditors, or any action taken by or suffered by Contractor under any insolvency or
bankruptcy act shall constitute a breach of this Agreement by Contractor. In such
cases, the County may terminate this Agreement three (3) Days after giving notice to
the Contractor of its intent.
29.3 Repeat Violations of Aqreement
If the Contractor's record of performance shows that the Contractor has frequently,
regularly, or repetitively defaulted in the performance of any of the covenants,
conditions, or requirements contained in this Agreement, and regardless of whether
the Contractor has corrected each individual condition of default or paid liquidated
damages, the Contractor shall be deemed a "habitual violator" and shall forfeit the
right to any further notice or grace period to correct, and all of the prior defaults shall
be considered cumulative and collectively shall constitute a condition of irredeemable
default. Under such circumstances, the Board shall issue the Contractor a final
warning, citing the grounds therefore, and any single default by Contractor of
whatever nature, subsequent to the issuance of the Board's notice, shall be grounds
for immediate termination of this Agreement. In the event of any such subsequent
default, the County may terminate this Agreement upon giving written notice to the
Contractor, and termination shall be effective three (3) Days after the notice is
delivered. All fees due to the Contractor hereunder, plus any and all charges and
interest, shall be payable to the date of termination, and the Contractor shall have no
further rights hereunder. Immediately upon receipt of the Board's final notice, the
Contractor shall cease any further performance under this Agreement.
29.4 In the event this Agreement is terminated, all liability of the County under this
Agreement shall cease and the County shall have the right to utilize the Performance
Bond, as necessary to obtain Collection Services from another Person. The
Contractor shall reimburse the County for all direct and indirect costs the County
incurs while obtaining interim Collection Service.
30 Dispute Resolution Process
30.1 The County and Contractor agree to cooperate and act in good faith at all times
when dealing with each other. If a dispute arises between the parties, the parties
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shall attempt to resolve their differences quickly and informally. If they are unable to
do so, they shall seek relief by following the procedures in Section 30.8, below, or by
initiating a non-binding mediation process, pursuant to Section 30.2, below.
30.2 ALL CLAIMS, DISPUTES AND CONTROVERSIES ARISING OUT OF OR
RELATED TO THE PERFORMANCE, INTERPRETATION, APPLICATION OR
ENFORCEMENT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO
CLAIMS FOR PAYMENT AND CLAIMS FOR BREACH OF THIS AGREEMENT,
SHALL BE REFERRED TO NON-BINDING MEDIATION BEFORE INITIATION OF
ANY ADJUDICATIVE ACTION OR PROCEEDING, AT LAW OR IN EQUITY,
UNLESS IT SHALL BE UNREASONABLE TO DO SO OR AN EMERGENCY
SITUATION OR NECESSITY DICTATES OTHERWISE. ALL APPLICABLE
STATUTES OF LIMITATION AND DEFENSES BASED ON THE PASSAGE OF
TIME SHALL BE TOLLED WHILE THE MEDIATION PROCESS IS PENDING. THE
PARTIES WILL TAKE ALL REASONABLE MEASURES NECESSARY TO
EFFECTUATE SUCH TOLLING.
30.3 The Contractor and County agree to participate fully in the mediation process and
conscientiously attempt to resolve their dispute. Except as provided below, each
party shall bear its own expenses in connection with the mediation. Both parties
shall pay equally for the services of the mediator. The mediation shall take place in
Collier County, Florida.
30.4 Notwithstanding the foregoing, if either party terminates this Agreement for cause
pursuant to Section 29, above, the terminating party shall have the right, in its sole
discretion, to proceed directly with litigation of any claims or disputes relating to the
termination for cause and may include other claims and disputes unrelated to the
termination, and shall not be required to submit such claims or disputes to the
mediation.
30.5 The parties agree that any claim filed in state or federal court concerning this
Agreement shall be heard by a judge, sitting without a jury.
30.6 THE COUNTY AND THE CONTRACTOR HEREBY KNOWINGLY, VOLUNTARILY,
AND PERMANENTLY WAIVE ANY RIGHT THEY MAY HAVE TO A JURY TRIAL
CONCERNING THE PERFORMANCE, INTERPRETATION, APPLICATION OR
ENFORCEMENT OF THIS AGREEMENT.
30.7 In any litigation concerning this Agreement, the prevailing party shall recover its
costs and reasonable attorney's fees from the non-prevailing party, including the fees
and costs incurred in any trial, appeal, and mediation, if any, concerning the issue(s)
in dispute.
30.8 When a dispute between the County and the Contractor is pending or threatened,
the Contractor shall attempt to resolve the dispute with the Director. If this attempt is
unsuccessful, either party may initiate a non-binding mediation process, in
accordance with the provisions of Section 30.2, above. In addition, at anytime during
the dispute resolution process, the Contractor may request the Manager to consider
the disputed issue. The Contractor's written request shall be delivered to the
Director and it shall describe the Contractor's proposed solution for resolving the
dispute. The Director and the Manager may request, and the Contractor shall timely
provide, any additional information that is reasonably necessary to evaluate the
disputed issue and the Contractor's proposal. The Manager shall fully and fairly
consider the Contractor's proposal in a timely manner. Upon request, the Manager
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shall meet with the Contractor and discuss its proposal. If the Manager rejects the
Contractor's proposal in whole or in part, the Contractor may submit a written request
to the Manager for an opportunity to present its proposed solution to the Board.
Thereafter, the Contractor shall be allowed to present its proposal to the Board at a
duly noticed public meeting. The Board may accept or reject the Contractor's
proposal, or take other action that the Board deems appropriate, in the Board's sole
discretion.
31 Operations During a Dispute
If a dispute arises between the County, the Contractor, or any other party concerning the
Contractor's performance under this Agreement, the Contractor shall continue to perform its
duties in strict compliance with the terms and conditions of this Agreement, regardless of the
pending dispute.
32 Waiver
Unless otherwise specifically provided by this Agreement, no delay or failure to exercise a
right under this Agreement shall impair such right or shall be construed to be a waiver
thereof, but such right may be exercised from time to time and as often as deemed
expedient. The failure of the County or Contractor at any time to require performance by the
other party of any term in this Agreement shall in no way affect the right of the County or
Contractor thereafter to enforce same; nor shall waiver by the County or Contractor of any
breach of any term of this Agreement be taken or held to be a waiver of any succeeding
breach of such term or as a waiver of any term itself. To be effective, any waiver shall be in
writing and signed by the party granting such waiver. Any such waiver shall be limited to the
particular right so waived and shall not be deemed to waive any other right under this
Agreement.
33 Notices and Communications to Director and District Manager
All notices, requests, authorizations, approvals, protests, petitions, and payments provided
for herein shall be in writing. Such documents shall be either (a) hand delivered, (b) mailed
by registered or certified mail (postage prepaid), return receipt requested, or (c) sent by
telecopy, and addressed as shown below. The documents shall be deemed to have been
duly delivered when personally delivered, or when transmitted by telecopier and receipt is
confirmed by telephone, or when delivered by U.S. Mail or courier service, as shown by the
return receipt.
If to the County (Manager):
Collier County Manager
Collier County Government Center
3301 East Tamiami Trail
Naples, Florida 34112
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'III
"."
If to the Contractor (District Manager):
Waste Management Inc. of Florida
5221 State Route 776
Venice, Florida 34293
Attention: District Manager
Both parties reserve the right to designate a different representative or representatives in
the future, or to change the address(es) for notice, by providing written notice to the other
party of such change.
34 Permits and Licenses
Contractor, at its sole cost and expense, shall obtain and maintain throughout the term of
this Agreement all permits, licenses and approvals necessary or required for Contractor to
perform the work and services described herein.
35 Compliance with Laws and Regulations
Contractor agrees that, in the performance of its work and services under this Agreement,
Contractor shall qualify under and at all times comply with all Applicable Laws now in effect
and hereafter enacted during the term of this Agreement, which are applicable to Contractor,
its employees, agents, or subcontractors, if any, with respect to the work and services
described herein.
36 Equal Opportunity Employment
Contractor agrees that it shall not discriminate against any employee or applicant for
employment for work under this Agreement because of handicap, race, color, religion, sex,
age, or national origin and shall take affirmative steps to ensure that applicants are
employed and employees are treated during employment by Contractor without regard to
race, color, religion, sex, age or national origin. This provision shall include, but not be
limited to, the following: employment upgrading, demotion or transfer; recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and selection
for training, including apprenticeships. Contractor agrees to furnish the County with a copy
of its Affirmative Action Policy. A copy of the policy shall be submitted to the Director at
least thirty (30) calendar days before the Commencement Date.
37 Indemnification and Hold Harmless
The Contractor hereby covenants and agrees to defend fully, protect, indemnify and hold
harmless the County from and against each and every claim, demand or cause of action
and any and all liability, cost, expense (including by not limited to reasonable attorneys' fees,
costs and expenses incurred in defense of the County, even if incident to appellate, post-
judgment or bankruptcy proceedings), damage or loss in connection therewith which may be
made or asserted by the Contractor, the Contractor's employees or agents, or any third
parties (including but not limited to the County) on account of personal injury, death,
damage or property damage caused by, arising out of or in any way incidental to or in
connection with its performance under this Agreement. At the election of the County, the
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Contractor shall contest and defend the County against any such claims of liability against
the County. The County shall in any event, have the right, through counsel of its choice, to
control the defense or response to any such claim to the extent it could affect the County
financially. This indemnification shall also include any claim or liability arising from or in any
way related to actual or threatened damage to the environment, agency costs by
investigation, personal injury or death, or damage to property, due to a release, alleged
release, or improper handling by Contractor of Hazardous Waste, Biomedical Waste,
Biological Waste, infectious waste or Sludge, regardless of the merits of the claim. Only
those matters which are determined by a final, nonappealable judgment to be the result of
the negligence of the County or the negligence of a third party who is not an agent,
employee, invitee, or subcontractor of the Contractor shall be excluded from the Contractor's
duty to indemnify the County, but only to the extent of negligence of the County or such third
party. For the purpose of this Section 37, the term "County" shall be deemed to include the
County Commissioners and the County's agents, employees and affiliates. For purposes of
this indemnification, "claims" shall mean and include all obligations, actual and
consequential damages, and costs reasonably incurred in the defense of any claim against
the County, including, but not limited to, reasonable accountants', attorneys', attorney
assistants' and expert witness fees, costs of investigation and proof of facts, court costs,
other litigation expenses, and travel and living expenses. The County shall have the right to
defend any such claim against it in such manner as the County deems appropriate or
desirable in its sole discretion. This indemnity shall continue in full force and effect
subsequent to and notwithstanding the expiration or termination of this Agreement.
38 Employee Status
Persons employed by the Contractor in the performance of services and functions pursuant
to this Agreement shall have no claim to pension, workers' compensation, unemployment
compensation, civil service or other employee rights or privileges granted to the County's
officers and employees, either by operation of law or by the County's actions.
39 Severability
If any portion of this Agreement is declared invalid, illegal, void or unenforceable, such
portion shall be considered severable, and the remaining portions shall not be affected, but
will remain in full force and effect. This Agreement shall be construed as if such invalid,
illegal, void or unenforceable provision had never been contained herein.
40 Force Majeure
40.1 Inabilitv to Perform
Except for any payment obligation by either party, if the County or Contractor is
unable to perform, or is delayed in its performance of any of its obligations under this
Agreement by reason of any event of force majeure, such inability or delay shall be
excused at any time during which compliance is prevented by such event and during
such period thereafter as may be reasonably necessary for the County or Contractor
to correct the adverse effect of such event of force majeure.
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40.2 Events of Force Maieure
An event of "force majeure"shall mean the following events or circumstances to the
extent that they delay the County or Contractor from performing any of its obligations
(other than payment obligation) under this Agreement:
40.2.1 An Act of God, tornado, hurricane, flood, fire, explosion (except those caused
by negligence of Contractor, its agents, and assign), landslide, earthquake,
epidemic, and extremely abnormal and excessively inclement weather.
40.2.2 Acts of public enemy, acts of war, terrorism, insurrection, riots, civil
disturbances, or national or international calamities.
40.2.3 Suspension, termination or interruption of utilities necessary to the
Contractor's operation or duties under this Agreement.
40.2.4 Any act, event, or condition which is determined by mutual agreement of the
County and the Contractor to be of the same general type as the events of
force majeure identified in the preceding paragraphs.
40.2.5 Labor disputes, labor shortages, changing economic conditions, and the
economic hardship of the Contractor shall not be considered an event of
force majeure.
40.3 Written Notification
To be entitled to the benefit of this Section 40, a party claiming an event of force
majeure shall give prompt written notice to the other party, specifying in detail the
event of force majeure, and diligently proceed to correct the adverse effect of any
force majeure. The parties agree that, as to this Section 40, time is of the essence.
41 Governing Law and Venue
The laws of the State of Florida shall govern the rights, obligations, duties and liabilities of
the parties of this Agreement and shall govern the interpretation of this Agreement. Any and
all legal actions necessary to enforce this Agreement shall be held and maintained solely in
Collier County, Florida.
42 Modification to the Agreement
This Agreement constitutes the entire Agreement and understanding between the parties
hereto, and it shall not be considered modified, altered, changed or amended in any respect
unless in writing and signed by the parties hereto.
42.1 County Power to Modify
The Board shall have the power to make changes in this Agreement relative to the
scope and methods of providing Collection Services, when the Board deems it
necessary and desirable for the public welfare. The Director shall give the
Contractor notice of any proposed change and an opportunity to be heard
concerning any relevant matters. The County and Contractor agree to enter into
good faith negotiations to modify this Agreement and the Rates, as necessary. The
scope and method of providing Collection Services, as referenced herein, shall be
liberally construed to include, but not limited to the manner, procedures, operations
and obligations, financial or otherwise, of the Contractor.
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42.2 ChanQes in Law
The County and the Contractor understand and agree that changes in the Applicable
Laws may require changes or modifications in some of the conditions or obligations
of this Agreement. In the event any future change in any Applicable Law materially
alters the obligations of the Contractor or the County, then the provisions and Rates
in this Agreement may need to be modified. The County and Contractor agree to
enter into good faith negotiations regarding modifications to this Agreement, which
may be required in order to implement changes in the interest of the public welfare or
due to a change in law.
43 Independent Contractor
When performing the activities required by this Agreement, the Contractor will be acting in
the capacity of an independent contractor and not as an agent, employee, partner, joint
venturer or associate of the County. Neither the Contractor nor any if its employees,
officers, agents or subcontractors shall represent, act, purport to act, or be deemed to be the
agent, representative, employee, or servant of the County. The Contractor shall have no
authority to bind the County to any agreement or contract.
44 All Prior Agreements Superseded
This Agreement incorporates and includes all prior negotiations, correspondence,
conversations, agreements and understandings applicable to the matters contained in this
Agreement. The parties agree that there are no commitments, agreements or
understandings concerning the subject matter of this Agreement that are not contained
herein. Accordingly, it is agreed that no deviation from the terms of this Agreement shall be
predicated upon any prior representations or agreements, whether oral or written. This
Agreement shall supercede all prior agreements between the parties regarding the matters
addressed herein.
45 Headings
Headings in this document are for convenience of reference only and are not to be
considered in any interpretation of this Agreement.
46 Survivability
Any term, condition, covenant, or obligation which requires performance by a party
subsequent to termination of this Agreement shall remain enforceable against such party
subsequent to such termination.
47 Fair Dealing
The Contractor declares and warrants that the Contractor enters into the Agreement without
reliance on or engaging in any collusion, bribery or fraud, that all of the Contractor's
representations in this Agreement are made fairly and in good faith, and that no County
Commission member, County officer, or County employee, directly or indirectly owns more
than 1 % of the total assets or capital stock of the Contractor, nor will any such person
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directly or indirectly benefit by more than 1% from the profits or emoluments of this
Agreement, nor has the Contractor provided any gift to any such person or their family. 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
the Contractor 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 any other compensation contingent upon or resulting from
the award or making of this contract. Further, the Contractor declares and warrants that the
Contractor is not subject to the restrictions in Sections 287.133 and 287,134, Florida
Statutes, for a public entity crime.
48 Sovereign Immunity
Nothing in this Agreement shall be interpreted or construed to mean that the County waives
its common law sovereign immunity or the limits on liability set forth in Section 768.28,
Florida Statutes.
49 Construction of Agreement
Both parties acknowledge that they have had meaningful input into the terms and conditions
contained in this Agreement. Therefore, any doubtful or ambiguous provisions contained
herein shall not be construed against the party that physically prepared this Agreement.
The rule sometimes referred to as "Fortius Contra Proferentum" shall not be applied to the
interpretation of this Agreement.
50 Terms Generally
Whenever the context may require, any pronoun used in this Agreement shall include the
corresponding masculine, feminine and neuter forms, and the singular shall include the
plural and vice versa. Unless otherwise specifically noted, the words "include," and
"including" as used herein shall be deemed to be followed by the phrase "without limitation."
The words "agree," "consent," and "approval" as used herein shall be deemed to be
followed by the phrase "which shall not be unreasonably withheld or delayed", except as
specifically noted. Words or phrases which are defined herein by reference to a statute, rule
or regulation shall have the meaning ascribed to such word or phrases as of the Effective
Date, without regard to subsequent changes in such statutes, rules or regulations, except
where this Agreement expressly provides otherwise. The word "shall" is always mandatory
and not merely discretionary.
51 Remedies Not Exclusive
The remedies specified in this Agreement shall supplement, and not be in lieu of, any other
remedies provided at law or in equity. The payment of any liquidated damages by the
Contractor shall not constitute a defense for the Contractor, nor an election of remedies by
the County, nor serve as the basis for a claim of estoppel against the County, nor prevent
the County from terminating this Agreement. The County's decision to refrain from
assessing liquidated damages, or suspending or terminating this Agreement, or seeking any
other relief from any failure in the Contractor's performance, shall not constitute a waiver of
the County's right to pursue any other remedy or a waiver of its right to pursue a remedy for
any future failure by the Contractor. No remedy conferred by this Agreement is intended to
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be exclusive of any other remedy. Each and every such remedy shall be cumulative and
shall be in addition to every other remedy given hereunder or now or hereafter existing at
law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof.
IN WITNESS WHEREOF, the parties have made and executed this Agreement on the
respective dates under each signature: COLLIER COUNTY by the Chair of the Board of County
Commissioners, duly authorized to execute same, and WASTE MANAGEMENT INC. OF
FLORIDA by and through its Vice President, duly authorized to execute same.
DATED:~ JOt ~C
BOARD OF COUNTY COMMISSIONERS OF
ATTEST:
~ . . . . . . .. ..
COLLIER COUNTY, FLORIDA
DWIGHT'~: BR~CK,~_Gle'rk."
: ,'; ~. ~'''l_ ,':1,. I,.~~.)(<;~~~ ':'~(
.:' ! ._,~ ~ : ~..',
'1uLw. c+
Fred W. Coyle, Chairman
By:
le~
. ,t/'-
Robert N. Zac ry./
~
Assistant County Attorney
WASTE MANAGEMENT INC. OF FLORIDA,
a Florida corporation
Terri L. Douqlas
Printed/Typed Name
By: dLc: ~
Signature C/
Charles J. CampaQna
Printed/Typed Name
(corporate seal)
Item # lQ.fL
~~~;da Z -8 - 05
Vice President
Printed/Typed Title
1/27/05
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EXHIBIT I(A)
RATES FOR RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE
Annual Rate for Residential Collection Service (effective October 1, 2005) = $91.44
Rates for Commercial Collection Service*
BULK CONTAINER RATES
SERVICE YEAR 10/1/04 - 9/30/05
SIZE OF FREQUENCY EXTRA
CONTAINER (COLLECTIONS RATES CONT AINER
CUBIC YARDS PER WEEK $ PER MONTH SERVICE
2 1 $ 78.39
2 2 $ 125.92
2 3 $ 165.45 $20.74
2 4 $ 237.13 PER PICK-UP
2 5 $ 247.14
2 6 $ 289.33
4 1 $ 100.48
4 2 $ 186.20
4 3 $ 247.79 $41.47
4 4 $ 321.45 PER PICK-UP
4 5 $ 389.76
4 6 $ 472.79
6 1 $ 145.32
6 2 $ 230.39
6 3 $ 356.97 $62.19
6 4 $ 436.63 PER PICK-UP
6 5 $ 564.53
6 6 $ 656.26
8 1 $ 164.79
8 2 $ 294.65
8 3 $ 415.21 $82.90
8 4 $ 546.44 PER PICK-UP
8 5 $ 665.62
8 6 $ 806.23
*Commercial Rates are established annually pursuant to Collier County Ordinance No. 84-31.
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BULK COMPACTOR RATES
SERVICE YEAR 10/1/04 - 9/30/05
SIZE OF FREQUENCY EXTRA
CONTAINER (COLLECTIONS RATES CONT AINER
CUBIC YARDS PER WEEK $ PER MONTH SERVICE
2 1 $ 137.31
2 2 $ 213.19
2 3 $ 350.03 $58.46
2 4 $ 348.38 PER PICK-UP
2 5 $ 347.82
2 6 $ 417.05
4 1 $ 242.93
4 2 $ 438.35
4 3 $ 592.59 $92.66
4 4 $ 748.49 PER PICK-UP
4 5 $ 903.80
4 6 $1,061.12
6 1 $ 354.24
6 2 $ 510.87
6 3 $ 824.47 $139.74
6 4 $ 961.94 PER PICK-UP
6 5 $1,290.59
6 6 $1,531.25
8 1 $ 386.21
8 2 $ 654.30
8 3 $ 921.22 $171.89
8 4 $1,189.86 PER PICK-UP
8 5 $1,456.56
8 6 $1,726.66
20f3
ROLL-OFF SERVICE -- REGULAR COMMERCIAL CUSTOMERS
SERVICE YEAR 10/1/04 - 9/30/05
EQUIPMENT
SIZE
TOTAL MONTHLY
EQUIPMENT
CHARGE/CO NT AINER
TOTAL HAUL
CHARGE
PER LOAD*
20 CUBIC YARDS
30 CUBIC YARDS
40 CUBIC YARDS
$100.53
$113.91
$127.30
$100.56 - $158.86*
$100.56 - $158.86*
$100.56 - $158.86*
LARGE COMPACTOR
(Le., greater than 8
cubic yards)
VARIES**
$234.48
*VARIES DEPENDING ON DISTANCE FROM DISPOSAL SITE
**VARIES DEPENDING ON SITE-SPECIFIC CONDITIONS
ROLL OFF RATES DO NOT INCLUDE DISPOSAL CHARGES
RECREATIONAL VEHICLE PARKS, MOBILE HOME PARKS AND MOBILE
HOME SUBDIVISIONS THAT CONTRACT TO RECEIVE CURBSIDE SERVICE
SHALL PAY THE BULK CONTAINER RATE MULTIPLIED BY THE NUMBER
OF RENTED OR INDIVIDUALLY-OWNED RECREATIONAL VEHICLES OR
MOBILEHOMES WITHIN SUCH PARK(S) OR SUBDIVISIONS.
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EXHIBIT II
PROCEDURE FOR CALCULATING ADJUSTMENTS TO
RESIDENTIAL AND COMMERCIAL RATES
Collier County shall calculate the residential and commercial Collection and disposal Rates,
based on the following formulae:
A. Residential Rates
1. Initial Residential Rate [See Exhibit I(A)]
2. Adjustments to Residential Rate after first Agreement Year
New Rate per household for upcoming Agreement Year =
Current Rate per household X 70% of CPI [see description for CPI
in Section 27] + current Rate per household
Hypothetical Example
New Rate for single family residential Customers = $100 X (70%
of 2.2851%) + $100.00 = $101.59
B. Commercial Rates
1. Effective October 1, 2005, the Commercial Collection Rate [See Exhibit I (A)] shall be
adjusted to reflect 100% of the change in the CPI, pursuant to the provisions of the
County's Solid Waste Collection Service Agreement (dated June 12, 1990), as
amended, with the Contractor.
Initial Rate per container per frequency of Collection =
Initial Rate per container per frequency of Collection X 100% of
CPI [see description for CPI in Section 27] + initial Rate per
container per frequency of Collection
Hypothetical Example
4 yard container collected twice per week = $140.00 X (100% of
2.2851%) + $140.00 = $143.20
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2. Adjustments to Commercial Collection Rate after first Agreement Year
New Rate per container per frequency of Collection =
Current Rate per container per frequency of Collection X 70% of
CPI [see description for CPI in Section 27] + current Rate per
container per frequency of Collection
Hvpothetical Example
4 yard container collected twice per week = $150.00 X (70% of
2.2851 %) + $150.00 = $152.40
3. Commercial Disposal Rate [To be established annually pursuant to Collier County
Ordinance No. 84-31]
4. Conversion Factors
(a) Uncompacted Garbage and Rubbish: 0.055 tons per cubic yard or 1
cubic yard = 110 Ibs.
(b) Compacted Garbage and Rubbish: 0.1725 tons per cubic yard or
1 cubic yard = 345 Ibs.
(c) One month = 4.33 weeks
5. Adjustment to commercial disposal Rate after a change in the Tipping
Fee
New monthly disposal Rate for each container size per
frequency of Collection = Size (per cubic yard) of container X
frequency of Collection per week X 4.33 (i.e., weeks in a month) X
new Tipping Fee
Hvpothetical Example
The new monthly disposal Rate for a 4 yard container
(uncompacted) collected twice per week = 0.055 tons per cubic
yard X 4 cubic yards X 2 collections per week X 4.33 weeks per
month X $35.00 = $66.68
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EXHIBIT III(A)
SERVICE AREA LEGAL DESCRIPTION
SOLID WASTE SERVICE DISTRICT I
Beginning at the intersection of the North line of Section 6, Township 48 South, Range 25 East
also known as the Lee-Collier county line and the eastern shoreline ofthe Gulf of Mexico;
thence easterly along said Lee-Collier county line to the northeast comer of Section 12,
Township 48 South, Range 26 East; thence north along the east line of Range 26 East, Township
48 South to the northwest comer of Section 6, Township 48 South, Range 27 East, thence east
along the north line of Sections 6,5,4,3,2 and 1 of Township 47 South, Range 27 East to the
northwest comer of Section 1, Township 48 South, Range 27 East; thence north along the range
line of Ranges 27 and 28 East to the northwest comer of Section 30, Township 47 South, Range
28 East, also known as the center line of Immokalee Road (CR 846); thence east along the north
section lines of Sections 30, 29, 28, 27, 26 and 25 of Township 47 South, Range 28 East to the
northeast comer of Section 25, Township 47 South, Range 28 East; thence south along the range
line for Ranges 28 and 29 East to the northeast comer of Township 49 South and Range 28 East;
thence east along the township line for Townships 48 and 49 South to the northeast comer of
Township 49 South and Range 30 East; thence south along the range line for Ranges 30 and 31
East to the northeast comer of Township 52 South and Range 30 East; thence east along the
township line for Townships 51 and 52 South to the northeast comer of Township 52 South and
Range 31 East; thence south along the range line for Ranges 31 and 32 East to the northeast
comer of Township 53 South and Range 31 East; thence east along the township line of
Townships 52 and 53 South to the northeast comer of Township 53 South and Range 34 East,
also being known as the Collier-Miami-Dade county line; thence south along said county line to
the southeast comer of Section 36, Township 53 South, Range 34 East, also being known as the
Collier-Monroe county line; thence west along said county line to the eastern shoreline of the
Gulf of Mexico; thence westerly and northerly along the waters of the Gulf of Mexico to the
Lee-Collier county line being the north line of Section 6, Township 48 South, Range 25 East and
being the Point of Beginning. Less and except all the lands located within the corporate limits
of the City of Naples and Everglades City. Also, less and except those barrier islands as
described in Ordinance No. 90-30, as amended.
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EXHIBIT III(B)
SERVICE AREA LEGAL DESCRIPTION
SOLID WASTE SERVICE DISTRICT II
Beginning at the northwest comer of Township 47 South, Range 27 East, Collier County,
Florida; thence east along the Collier-Lee county line also the township line to the northeast
comer of Township 47 South, Range 27 East; thence north along the Collier-Lee county line also
the range line to the northwest comer of Township 46 South, Range 28 East; thence east along
the Collier-Hendry county line also the township line for Townships 45 and 46 South to the
northeast comer of Township 46 South, Range 30 East; thence south along the Collier-Hendry
county line also the range line of Ranges 30 and 31 East to the southeast comer of Township 48
South, Range 30 East; thence west along the township line for Townships 48 and 49 South to the
southwest comer of Township 48 South, Range 29 East; thence north along range line for
Ranges 28 and 29 East to the southwest comer of Section 19, Township 47 South, Range 29
East; also being known as the center line ofImmokalee Road (CR 846); thence west along the
south line of Sections 24,23,22,21,20 and 19 of Township 47 South, Range 28 East to the
southeast comer of Section 24, Township 47 South, Range 27 East; thence south along the range
line for Ranges 27 and 28 East to the southeast comer of Township 47 South, Range 27 East;
thence west along the township line for Townships 47 and 48 South to the southwest comer of
Township 47 South and Range 27 East; thence north along the range lines for Ranges 26 and 27
East to the northwest comer of Township 47 South, Range 27 East, being the Point of Beginning.
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EXHIBIT IV
MAP OF SERVICE DISTRICTS I AND II
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EXHIBIT VeAl
PERFORMANCE BOND
FOR FRANCHISE AGREEMENT
CONTRACTOR (PRINCIPAL)
COMPANY (LEGAL NAME): Waste Management Inc. of Florida
PRINCIPAL BUSINESS ADDRESS:
TELEPHONE NUMBER:
SURETY
COMPANY (LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box):
TELEPHONE NUMBER:
OWNER (OBLIGEE)
NAME: Collier County Board of County Commissioners
PRINCIPAL BUSINESS ADDRESS: 3301 Tamiami Trail, Naples, Florida 34112
TELEPHONE NUMBER: (239) 774-8097
CONTRACT DETAILS
DATE EXECUTED:
AMOUNT:
GENERAL DESCRIPTION: Franchise Agreement for Solid Waste, Recyclable Materials, and Yard
Trash Collection Services\
BOND
BOND NUMBER:
DATE:
AMOUNT:
KNOW ALL MEN BY THESE PRESENTS:
That Principal, hereinafter called Contractor, and Surety, as identified above, are bound to the
Board of County Commissioners of Collier County, Florida, as Obligee, hereinafter called the County, in
the amount identified above, for the payment whereof Contractor and Surety bind themselves, their
heirs, executors, administrators, successors and assigns, jointly and severally.
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WHEREAS, Contractor has by written agreement entered into a contract, identified above, with
County, which contract documents are by reference made a part hereof, and for the purposes of this
Bond are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if Contractor:
1. performs the Contract between Contractor and County, at the times and in the manner
prescribed in the Contract; and
2. pays County all losses, damages, including liquidated damages and damages caused by delay,
expenses, costs and attorneys fees including appellate proceedings, that County sustains as a result of
default by Contractor under the Contract; and
3. performs the guarantee of all work and materials furnished under the Contract for the time
specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT REMAINS IN FULL FORCE AND
EFFECT.
Whenever Contractor shall be, and is declared by County to be, in default under the Contract, and
County having performed County's obligations thereunder, the Surety may promptly remedy the default,
or shall promptly:
1. complete the Contract in accordance with its terms and conditions; or
2. obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
and upon determination by Surety of the lowest responsible bidder, or, if County elects, upon
determination by County and Surety jointly of the lowest responsible bidder, arrange for a contract
between such Bidder and County, and make available as work progresses sufficient funds, paid to
County, to pay the cost of completion and other costs and damages for which the Surety may be liable
hereunder.
No right of action shall accrue on this bond to or for the use of any person of corporation other
than the County named herein.
The surety hereby waives notice of, and agrees that any changes in or under the Contract, and
compliance or noncompliance with any formalities connected with the Contract or the changes do not
affect Surety's obligation under this bond.
Signed and sealed this
day of
,2005
CONTRACTOR (PRINCIPAL)
SIGNATURE:
CORPORATE SEAL
PRINTED NAME AND TITLE:
SURETY
SIGNATURE:
SEAL
PRINTED NAME AND TITLE:
ATTORNEY IN FACT
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EXHIBIT V(B)
PROCEDURE FOR CALCULATING PERFORMANCE BOND REQUIREMENT
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1. The annual Performance Bond due to the County from the Contractor is calculated as:
One half the annual value of the Residential Collection Service
authorized under the Agreement = Performance Bond Required
2. Sample Calculation of the Performance Bond requirement
Hypothetical 151 Year Annual Residential Collection Service Cost
Times 50%
Annual Performance Bond Requirement =
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$6,500,000
X 50%
$3,250,000
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EXHIBIT VI
MATERIALS ACCEPTANCE PROTOCOL
Steel and Tin Cans
Includes steel, tin and aerosol cans, bi-metal containers, and lids composed primarily of whole
iron or steel. Paper labels are acceptable. Aerosol cans containing household hazardous waste
are not acceptable.
Aluminum
Includes aluminum beverage containers, food trays without food residue, sheets and flexible
containers,
Glass
Clear (flint), brown (amber) and green food and beverage jars and bottles. Paper labels on glass
containers are acceptable. Metal lids should be removed and included.
PET Plastics (SPI code No.1)
Examples include but are not limited to: Plastic soft drink, water, sports drink, beer, mouthwash,
catsup and salad dressing bottles. Peanut butter, pickle, jelly and jam jars. Ovenable prepared
food trays.
HOPE Plastics (SPI code No.2)
Examples include but are not limited to: Milk, water, juice, cosmetic, shampoo, dish and laundry
detergent bottles, yogurt and margarine tubs, grocery, trash and retail bags. Motor oil bottles are
not acceptable.
V Plastics (SPI code No.3)
Examples include but are not limited to: PVC products such as clear food and non-food
packaging.
LOPE Plastics (SPI code No.4)
Examples include but are not limited to: Dry cleaning, bread and frozen food bags, squeezable
bottles (e.g., honey, mustard).
PP Plastics (SPI code No.5)
Examples include but are not limited to: Catsup bottles, yogurt containers, margarine tubs, and
medicine bottles.
PS Plastics (SPI code No.6)
Examples include but are not limited to: Compact disc jackets, food service applications,
grocery store meat trays, egg cartons, aspirin bottles, cups, plates, and cutlery.
Other Plastics (SPI Code No.7)
Examples include but are not limited to: Three and five gallon reusable water bottles, some
citrus juice and catsup bottles.
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Preparation of plastics, glass and metal containers: Remove organics, other contents and
plastic caps, but the inclusion of organics, caps, rings, and labels will not be reason for rejection
of Program Recyclables.
Paper Recyclables
Paper Recyclables consist of the following materials, commingled together, except aged,
yellowed, or sunburned paper or water saturated paper.
ONP
All loose or bagged newsprint is acceptable, including all paper which is distributed with or as
part of general circulation newspapers.
OCC
All loose or bagged old corrugated cardboard containers that are flattened and either cut down
or folded to size, no more than 3 feet by 3 feet. Staples and tape with water-soluble glues do not
have to be removed. Wax-coated corrugated cardboard is not acceptable.
Paper Bags
All loose or bagged paper sacks. May be used to hold mixed paper.
Chipboard/Fiberboard/Paperboard
All product packaging materials, such as cereal boxes, packaged food boxes, shoe boxes, and
small manufactured item packaging.
Telephone Books
Old telephone directories.
Magazines
Old magazines, including small catalogs and similar printed material with glossy pages.
Mixed Paper
Mixed paper, including shredded paper, including but not limited to the following: junk mail; high-
grade paper; white and colored ledger; copier paper; office paper; laser printer paper; computer
paper, including continuous-formed perforated white bond or green bar paper; book paper;
cotton fiber content paper; duplicator paper; form bond; manifold business forms; mimeo paper;
note pad paper (no backing); loose leaf fillers; stationery; writing paper; paper envelopes;
carbonless (NCR) paper; tabulating cards; facsimile paper; and manila folders.
Paper with metallic, carbon, ammonia or non-soluble glue is not acceptable.
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EXHIBIT VII
MONTHLY RESIDENTIAL COLLECTION TONNAGE
Provided below are the average tonnages per month of residential solid waste, yard
waste, tires, and white goods collected in Service District I and Service District II.
Tonnages are an average of 4 fiscal years (FY2000/0l, 2001/02, 2002/03, and
2003/04.
Service District I
Month Solid Waste Yard Trash Tires Each White Goods
Tonnage Tonnage Tonnage
October 6,905 941 274 108
November 6,959 866 217 108
December 7,541 617 272 107
January 8,062 799 289 125
February 7,050 758 290 119
March 7,930 962 415 128
April 7,731 1,070 390 116
May 7,621 1,015 361 119
June 7,069 894 323 110
July 7,328 958 363 122
August 7,363 1,078 235 115
September 6,963 1,039 241 109
District II
Month Solid Waste Yard Trash Tires Each White Goods
Tonnage Tonnage Tonnage
October 578 37 350 26
November 580 26 260 26
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10ft.
December 692 18 352 25
January 699 24 400 31
February 637 28 304 25
March 697 33 277 27
April 716 31 390 23
May 774 27 254 22
June 700 32 433 29
July 643 32 301 29
August 631 29 247 29
September 608 35 332 25
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EXHIBIT VIII
COLLIER COUNTY VISION, MISSION, AND VALUES
1. Vision Statement: To successfully develop a fully integrated, customer focused,
strategically aligned objective organization through comprehensive resource
optimization with the goal to provide the best value service possible.
2. Mission Statement: For our Collier County Public Utilities customers - Provide
effective, efficient, responsive, reliable and high-quality utility services that exceed
expectations.
2.a Priorities:
Stay in regulatory compliance - always.
Meet the demand with reliability.
Take care of our customers.
Build the team.
3. Collier County Public Utilities Business Basics:
a) We are a 100% reimbursable, project funded enterprise organization. Our salaries are
paid directly by our customers. No Customers = No Work = No Job.
b) Safety is non-negotiable.
c) We will not compromise quality. What we do, we will do well.
d) Teamwork is essential in all we do.
e) Utilizing active listening, we will always seek first to understand the customer's needs
and concerns, and then aggressively seek a solution.
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