Agenda 12/11/2012 Item #16E1111�
12/11/2012 Item 16.E.11.
EXECUTIVE SUMMARY
Recommendation to acknowledge and approve the transfer of ownership to
Choice Environmental Services of Collier, Inc., a wholly owned subsidiary of
Choice Environmental Services, Inc. which was recently acquired by Waste
Services of Florida, Inc. a wholly owned subsidiary of Waste Services, Inc., as it
relates to Contract #09 -5319 for solid waste, recyclable materials, and yard trash
collection services.
OBJECTIVE: To complete the assignment of the Franchise Agreement to Choice
Environmental Services of Collier, Inc. as it relates to Contract #09 -5319 (attached hereto and
referred to as "Franchise Agreement ") for solid waste, recyclable materials, and yard trash
collection services.
CONSIDERATIONS: The original Franchise Agreement for solid waste, recyclable materials,
and yard trash collection services was with Immokalee Disposal Company, Inc. The Franchise
Agreement was approved by the Collier County Board of County Commissioners ( "Board ") on
February 8, 2005, agenda item 10.A. The Solid Waste Department utilizes the services
provided under this Franchise Agreement.
On June 15, 2007 Choice Environmental Services of Collier, Inc. entered into an agreement
with Immokalee Disposal Company, Inc. to assume the obligations of the Franchise Agreement,
which agreement was approved by the Board on September 11, 2007, agenda item 16.C.7.
Subsequently, on March 22, 2011, agenda item 16.E.2. the Board approved the transfer of
ownership from Choice Environmental Services of Collier, Inc. to Swisher Hygiene, Inc. d /b /a
Choice Environmental Services of Collier, Inc.
By letter dated November 27, 2012 staff was notified that on November 16, 2012, Waste
Services of Florida, Inc. entered into a stock purchase agreement to acquire Choice. Following
the Procurement Administration Procedures, staff has acquired the necessary documents from
Choice which have been reviewed and approved by the County Attorney's staff. The
Purchasing Department is recommending approval of the assumption of the Franchise
Agreement by the new firm.
FISCAL IMPACT: There is no fiscal impact.
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with
this Executive Summary.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is legally
sufficient, and requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners acknowledges and approves
the transfer of ownership to Choice Environmental Services of Collier, Inc. a wholly owned
subsidiary of Choice Environmental Services, Inc. which was recently acquired by Waste
Services of Florida, Inc. a wholly owned subsidiary of Waste Services, Inc., as it relates to
Contract #09 -5319 for solid waste, recyclable materials, and yard trash collection services and
instructs the Chairman to sign the Assumption Agreement.
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12/11/2012 Item 16.E.11.
PREPARED BY: Diana DeLeon, CPPB, Contracts Technician, Purchasing Department
Attachment: Contract #09 -5319, Franchise Agreement;
Purchase Docs
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COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.11.
12/11/2012 Item 16.E.11.
Item Summary: Recommendation to acknowledge and approve the transfer of ownership
to Choice Environmental Services of Collier, Inc., a wholly owned subsidiary of Choice
Environmental Services, Inc. which was recently acquired by Waste Services of Florida, Inc. a
wholly owned subsidiary of Waste Services, Inc., as it relates to Contract #09 -5319 for solid
waste, recyclable materials, and yard trash collection services.
Meeting Date: 12/11/2012
Prepared By
Name: DeLeonDiana
Title: Contracts Technician, Purchasing
12/4/2012 11:39:52 AM
n Submitted by
Title: Contracts Technician, Purchasing
Name: DeLeonDiana
12/4/2012 11:39:54 AM
Approved By
Name: DeLeonDiana
Title: Contracts Technician, Purchasing
Date: 12/4/2012 12:02:06 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 12/4/2012 12:16:57 PM
Name: MarkiewiczJoanne
Title: Manager - Purchasing Acquisition,Purchasing & Gene
Date: 12/4/2012 12:18:43 PM
Name: MuckelCynthia
?O�N Title: Applications Analyst,lnformation Technology
Packet Page -4064-
Date: 12/4/2012 3:00:54 PM
Name: PriceLen
Title: Administrator, Administrative Services
Date: 12/4/2012 3:31:19 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/5/2012 3:20:06 PM
Name: GreenwaldRandy
Title: Management/Budget Analyst,Office of Management & B
Date: 12/5/2012 3:35:08 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 12/5/2012 3:38:37 PM
Name: OchsLeo
Title: County Manager
Date: 12/5/2012 4:08:40 PM
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12/11/2012 Item 16. E.11.
12/11/2012 Item 16.E.11.
ASSUMPTION AGREEMENT
This Assumption Agreement is made and entered into as of , 20 ,
by and between Choice Environmental Services of Collier, Inc. ( "Choice "), a wholly owned
subsidiary of Choice Environmental Services, Inc which was recently acquired by Waste
Services of Florida, Inc. a wholly owned subsidiary of Waste Services, Inc., and Collier County,
a political subdivision of the State of Florida ( "County ").
WHEREAS, on February 8, 2005 the Collier County Board of County Commissioners
( "Board ") entered into an Agreement with Immokalee Disposal Company, Inc. for solid waste,
recyclable materials, and yard trash collection services (attached hereto as Exhibit A, and
hereinafter referred to as the "Franchise Agreement "); and
WHEREAS, on June 15, 2007 Choice Environmental Services of Collier, Inc. entered
into an agreement with Immokalee Disposal Company, Inc to assume the obligations of the
Franchise Agreement, which agreement was approved by the Board on September 11, 2007; and
WHEREAS, on March 22, 2011 the Board approved the transfer of ownership from
Choice Environmental Services of Collier, Inc. to Swisher Hygiene, Inc. d/b /a Choice
Environmental Services of Collier, Inc.; and
WHEREAS, Choice hereby represents to Collier County that by virtue of a stock
purchase agreement Choice is the successor in interest in relation to the Franchise Agreement;
and
WHEREAS, the parties wish to formalize Choice's assumption of rights and obligations
under the Franchise Agreement effective as of the date first above written
NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption
Agreement, and for other good and valuable consideration, the receipt and sufficiency of which
are acknowledged by the parties, it is agreed as follows:
1. Choice accepts and assumes all rights, duties, benefits, and obligations of the
Contractor under the Franchise Agreement, including all existing and future obligations to pay
and perform under the Franchise Agreement.
2. Choice will promptly deliver to County evidence of insurance consistent with
Section 21 of the Franchise Agreement.
3. Further supplements to, or modifications of, the Franchise Agreement shall be
approved in writing by both parties.
4. Notice required under the Franchise Agreement to be sent to Contractor shall be
directed to:
1
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12/11/2012 Item 16. E.11.
CONTRACTOR:
Choice Environmental Services of Collier, Inc.
2289 Bruner Lane
Fort Myers, FL 33912
Attention: David Smith
Phone: (941) 737 -2201
With a copy to:
IESI Corporation
2301 Eagle Parkway, Ste. 200
Fort Worth, TX 76177
Attn: Legal Department
5. The County hereby consents to Choice's assumption of the Franchise Agreement
and the purchase of Choice Environmental Services, Inc. by Waste Services of Florida, Inc. No
waivers of performance or extensions of time to perform are granted or authorized. The County
will treat Choice as the Contractor for all purposes under the Franchise Agreement.
IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption
Agreement effective as of the date first above written.
COLLIER COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Fred W. Coyle, Chairman
Choice Environmental Services of Collier, Inc.
By:
David Smith
Date:
Approved as to form and legal sufficiency:
LO-A
Jeffrey A. Klatzkow
County Attorney
Witness:
Date:
2
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12/11/2012 Item 16.E.11.
Franchise Agreement for
Said Waste, Recyclable Materials., and 'Yard Trash
Collection Services
TABU OF tiONTSINIT
I
Definitions
2
Exclusive f=ranchise end Tenn _ .. ......................... .......... .
0 I
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 Fisting ,agreement .........................
'10
3
Agreement D ocuments.... ......... ...................,., ........... ,... ........................ ......... I .........
11
3.1
Agreement Documents ....................................... ...............................................
11
3.2
Conflicts Between Agreement Documents.......... .................. ... ...... ___11
4
Service [district . ........ ,.....:... ....... ... .................... ................... ...........................11
a
General ` provisions ................... .
5.1
County Vision, Mission, and Value Statements
11
5.2
General Description of Collection Services ........... .
11
-5.3
Transition Prior to Commencement Gate ___ ...... . ...11
5A
Transition Prier to Expiration of this Agreement__ . ........ __ ......... __ ....... ......
13
5.5
Hours and Days of Collection Service. ' .... .13
5.6
Routes and Schedules......... ........................................_.. .............................14
5.7
Changes to Routes and Schedules ...... ................... ............................................
14
5.8
Addition of New Customers to Customer List ............................... .................14
5.9
Hofidays ........T ........................................ ............I., .......... .......15
5.10
General Collection Procedures..... ............................................................... .`1
a
5.11
Mixing Leads of Materials_.. . ... ., ..........15
5.12
Non-Collection Procedures . ......................................... ...........................,,16
5.13
Missed Collection Procedures , ....... _.. ..... .1?
5,14
Protection of Private and Public Property .. w...< ................. .............................17
5,15
St�
Access to e+ets and Collection Containers ... ... ..... ... ...17
5.16
Designated Sites. .. .. ..
18
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12/11/2012 Item 16.E.11.
5.17
Spillage and Utter_ . ..... ........ . . ..... . .......... ...... ........................ 19
518
Exempt Materials ....... ........................... ...... . ........... ........................ __ ............ 19
5.19
Safety Program. ,. .......... ......... ___ ............................. __ .......... 20
5.20
Collection Plan.... .............. ....................................................... .................. __20
5.21
Ownership of Solid Waste and Program Recyclables .... ..... ........ ....... ............ 21
5.22
Compaction of PrograrnRecyclables ............. .............................. ............. __ 21
5.23
Sale of Program Recydables ............... ........ ........... ............................ ___21
5.24
Disposal of Recyclable Materials.... ................... .............. ..... _ ....... _ ......... .... 21
6
Set Out Procedures.. .................. _ ............... .......... ......................
6.1
Residential Customers ..................... ..... .1 . ........ � ............................................
6.2
Commercial Customers ............................. .......................... ............... _23
6-3.
Residential and ,Cornmercial Customers .................. ........... -, ..................23
7
Residential Collection Service...,,, ......... ..................... . ............ ., , _24
7-1
Basic Collection Service and Collection Frequency ...... .............. .......... ..... _ _ 24
T2
Supplemental Collection Services ...... ................ ....... ........ ......... _25
8
Multi-Family
Collection Service..... ...... __ .......... ............ ...... _ ... __ ...... ........... 25
9
Commercial Collection Service._.. ....... _ ...... .......... ................... ..... __26
9.1
Basic ( ;olleCtion Service and Collection Frequency ............. .............. >,,..........26
9.2
Supplemental Collection Services ........ ................................. .......... ......... 26
9.3
Commercial Recycling Sergi ms .... ............................. 11___ ..... .27
9.4
Contract for Collection Service ..... ...................... ......
9.5
Termination of Commercial Collection Service.. , ...................... ......... _28
1 CI
Collection Containers ........ ....... ................ ...... .................... .... 29
10.1
Pro�nsionofCantai.nots........... ................................, . ... ............................... . 2,
't
10.1.1 Curbside Containers .... . .... ............... __ ........................ 29
10, 1 .2 Recycling Bins and Recycling Carts, __ ........ ,29
10.1.3 Commercial Containers. _ ........... ...... I ...... . .................
10.2
Ownership of Containers ........ .......... ............................ __._ .........................00
10.3
Technical Specifications for Containers ......................... .............................30
1GA
Delivery of Containers. . ......................... ...... _._ ............. ....... __32
10Z
Maintenance of Containers .........._ . ............ .......... _ ..... 32
10,6
Repair and Replacement of Containers,, ........... ............................................... 33
103
Stowe of Recycling Bins. ............... ................. .... _ ........................... __33
11
-Vehicles and Equipment,_.......... .... .............. ...... .................... _ . 34
11.1
General Provisions ... ........ I ............. ................ .34
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12/11/2012 Item 16.E.11.
17.1
Participation in County Activities ......................... . <...................... ,.a,.... 43
17.2
Usage of County Themes and Logos.... ..... .. .......... ....... ,..43
17.3
distribution of Information with Recycling Containers.... ...... _--44
17.4
Distribution of Information to Commercial Customers ....... ......... ............ ,.............44
17.5
Production and distribution of Promotional and Educational Material ......., .......44
17,6
Public Notices 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
16,3
Provision of Service Upon Terrnination . .... , 45
18.4
Collection and Processing of Commercial Organics .......................... ........---.46
15.5
County's Right to Require Recycling Carts . ........................................... 47
19 Additional Services . ..... ..... . ....._ .. .., .... .... 47
19.1
Commercial Waste Reduction..... ...,,.. » ......:......... ».....» ................... ..,,..... .... ,..47
19.2
Community Service .........p ...,,. <;, ...,. ......,....... ................. ................... 47
19,3
Pilot Studies........_. .......... .................. .......:................. .............................47
1�9A
Electronic Equipment.. ....... .. __. ..» ....... ---- ......... ... ---,48
M5
School Recycling Program ...... .......... ...................»t .... ..........._................,_. 49
20 Emergency Situations and Disaster Debris....... ......................... ...................-- ........49
20.1
Use of Contractor Services.... ................ ........... ............. ........... --49
20.2
Variance in Routes and Schedules,.,. .49
20,8
Contingency Plan. ., .. :49
203,4
Emergency Management/Disaster Meetings ................... .............................49
21 Insurance ............................ ' ....... . .......... .. ...... < .50
21.1.
Requirements for Insurance Carriers— ... ., .....; ,..........,... ...........: .................. 50
21.2
Workers Compensation Insurance-----... . ......................... 0
21.3
Commercial General Liability ....... . ............................... ............................... 50
21,4
Automobile Liability.. .50
..........................................
21.5
Umbrella Liability ....... ... ............................... .................: ....... » .,..,... <......,...5fl
21.0
Hazardous Waste insurance,. .......... .. ........... .......... 5ci
21.6.1 Contractor's Pollution Liability . ................... . .................................. . »....50
21.6.2 ,Asbestos Liability... .......... ......... ....51
21.6.3 Hazardous Waste Disposal ............ ..... .... ...».. ......... . . ................ ._.,._ ___ 51
21.6.4 Hazardous Waste Transportation .......................... ............................51
21.6.5 Certlficales of insurance . ....... 51
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12/11/2012 Item 16.E.11.
21.7 General insurance Requirements ..................................
Performance Bond__._ .. .. ...,..........,... ,.,... _.,'�
23 Assignment and Subletting...,.... ... ........................ .......................... ,,,...... 53
24 Transfer of Ownership ............................. ...., ......... ........ .......................
25 Payment for Services and Administrative Fees ............................ .............................54
251 Prohibitions on Payments ......... ... ...... .... ,..... ... ., ......................................... ....54
25.2 County's Obligation to Pay for Residential Collection Service ...........................'54
25,3 Procedure for Payment of Residential Service........ ....
25.4 Adding New Residential Customers....... . ,,....... ......................54
25.5 Removing Residential Customers—....... 5
..
25,6 Overpayments and Underpayments for Residential Service ............................ 54
25.7 Payments for Commercial Service .............. ............................... ...........,......55
25.8 County Billings for Commercial Service ........... ............... .............................55
25.0 Administrative Fees... .................. ...... ..........,.... ........,...... ..55
26 Pates .......... . ........................... .., ...... .........................,.,.56
28.1 Standard Rates ....... ...... , ..,,,..,...... ................,.............. ,.,., 56
26.2 Special Rates for Emergency Situations and Disaster Debris _... .......................56
27 Rate Adjustment ........ .............,........................,...................... .............,...._..........57
271 Annual CPI Adjustments to Collection Rates
2.7.2 Adjustments to Commercial Disposal Ram ....._ ..... ................... ..............'5T
2T.3 Changes Imposed by Law._, . ..... ......... ........ ............................... 57
27.E Extraordinary Rate Adjustment........., ........................................ ,...............58
i
27.5 Date Redactions
28 Liquidated Damages . ...... ..... ........................ ............ .._ ......... ..... ,, ..... ..................,..........59
25,1 Basis for liquidated Damages ....... ..... ................... .............................59
28.2 Procedure for Assessing Liquidated Damages .............. ..,. .,.............
.._,.,.... ...... : 61
29 Events of "Termination .......... ......... ............. .............._..,, <........... ,......,..................61
291 Failure to Fulfill Obligations of Agreement. ............. - ....... .......... .
29.2 Insolvency of Contractor ........... ............................... .................. ..............„63
29.3 Repeat Violations of Agreem+ ent............... ............... ................ : ............,,.63
30 Dispute Resolution Process .............................. ...... ............................... ................63
31 Operations During a Dispute ...... .............. ................ .... ......... ........................................ 65
32 Waiver ....................... .... ..............................ti .,....,...........,,. _.,....,....,.. ,.....,.....,..:65
33 No ioes and Communications to Director and District Manager ....................
344 Permits and Licenses................, ... ...... ..................... .... ...... ........66
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12/11/2012 Item 16.E.11.
35 Compliance with Laws and ........ ........................... --- .... -.66
36 Equal Opportunity Employment ............... ......... --- .......................... _ ..... _.___66
37 Indemnification and Hold Harmless .......... - ....... ....................,....• .............................66
38 Employee Status ...... .................. .................. ................ ..... ..... ........................
67
39 Severability ............... ..... - ............ ..... ............................ ................. ...................... -- ....67
40 Force Majeure ..... ................. -- ...................... ....... ................................ --- ............. -
67
40.1 Inability to Perform ...... ...... — ......... ................. ......... .........................
67
40.2 Events of Force Majeure ............................... .................... ................._.67
40,3 Written Notification,,. ....... _ ............. - .......................................... ..... ..... .. �68
41- Governing Law and Venue ........
- ........... ....................................... ♦..•............ ... ...--68
42 MWification to the Agreement.........................................
....... ......... .......................... .68
42. 1, County Power to Mo.dify___.._ .... ............................ .........................
68
42-2 'Changes in Law-- .........
68
--- ............ ................. ........... ............................ _._
43 Independent Contractor......... ....... .. .... —w..-- ........_ ................ . ............... --_ ........
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—, ....... ................................. __ ......... __ .......... .. . ,...76
50 Terms Generally. . ............. .......... ........... ........................... ............................ ...... -70
51 Remedies Not Exclusive ......... ____ ..................... .... - .......... ........ ..........
70
Exhibit I(A) Rates for Residential and Commercial Collection Service.
Exhibit l(B) Rates for Supplemental Residential and Commercial Collection Service
Exhibit 11 Procedure for Calculating Adjustments to Residential and Commercial Rates
Exhibit III(A) Service Area Legal Description - Service District I
Exhibit III(B) Service Area Legal Description - Service District 11
Exhibit IV Map of Service Districts I and 11
Exhibit V(A) Performance Bond for Franchise Agreement
Exhibit V(S) Procedure for Calculating Performance Bond Requirement
Exhibit V1 Materials Acceptance Protocol
Exhibit V1 I Monthly Residential Collection Tonnage
Exhibit Vill Collier County Vision,, Mission, and Values
viii, of vii
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12/11/2012 Item 16.E.11.
Franchise Agreement for
Solid Waste, Recyclable Materials, and Yard Trash
Collection Services
This Franchise Agreement C"Agreement`) for Solid Waste. Recyclable Materials, and Yard Trash
Collection Services is made and entered into this -, day of Fbrd 144--K-44
2005, by and between Collier County; a political subdivision of the ate of Florida thereinafter
referred to as "County"), and Imri okalee Dispel Company. Inc. (hereinafter referred to as the
"Contractor").
W I T N E S SETH.
WHERE, Sections 125,01(1) and Chapter 403, Florida Statutes, grant the Marc! of County
Commissioners of Collier County (the "Surd") 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 pram; and
WHEREAS, the Contractor has sufficient resources to provide the Collection Services sought by �
the County; and
WHERE, the Contractor currently provides satisfactory Collection Services for the County
pursuant to another agreement; and
WHEREAS, the County desires to use the Con ractot's services and the Contractor desires to
Provide Collection Services, subject to the terries 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 show 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
themseives, their successors and assigns that they shall be bound by and shall strictly comply
with the following provisions cat this Agreement
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12/11/2012 Item 16.E.11.
1 Definitions
For the Purposes of this Agreement, the definitions contained in this Semen 1 shall apply unless j
otherwise specifically stated. If a word or phrase is not defused In this Suction 1, the definition of
such ward or phrase in the Cade of Lags and Ordinances of Collier County. Florida, shall apply,
11 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 terra of this Agreement.
1.3 Applicable Law: any local, state: or federal statute, laws' constitution, charter,
ordinance, judgment, order, decree, permit, rule, regulation, direct, policy,
standard or similar binding authority, or a judicial or administrative interpretation of
any of the saute, which ' are in effect or are enacted, adopted, promulgated, issued or
enforced by a governmental body during the terra of this Agreement, and relate in
any manner to the performance of the County or Contractor under this Agreement,
1.4 Back Door Service: the Collection of ,Solid Waste or Recyclable Materials on a
Residential Customers property at a location that is riot Curbside:
1.6 Biological Waste: those wastes that cause or have the .capataility of causing disease
or infection including, but not limited to, Biomedical Waste, diseased or dead
j
animals, and other wastes capable of transmitting pathogens to humans or animals.
This terms does not include human remains that are disposed of by Persons licensed
under Chapter 470, Florida Statutes,
n 1.6 Biomedical Wes: any.solid or liquid waste which may present a threat of infection
to humans, including moil -tiquid tissue, belly 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 vAth 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, of
beady fluids or secretions or excretions visibly contaminated with blood, if the devices
have not been treated by an approved 'method.
1,7 Board: the Board of County Commissioners of Collier County, Florida,
1,8 Bulb 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. Sulu Waste does ! not include White Grids. Electronic
Equipment, or Extraordinary Waste,
1.9 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;
1,10 Collection: the process of picking up, transporting. and dropping off Residential
,.� Waste and Commercial Waste' at the Designated Sites; or the process of picking up,
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12/11/2012 Item 16.E. 11.
transporting, and dropping off Exempt `Materials at a licensed disposal site or
Recycling Facility,
1.11 Collection Containers: Curbside Containers, Commercial Containers, Recycling
Buis, Recycling :C arts, andlor C'ocnrrercial RecycJing Contain
1,12 Collection Plan: the document prepared by the Contractor and submitted to the
Director that describes hoer the Contractor will provide Collection ~service in
accordance with the provisions of this Agreement.
1.13
Collection Service: Residential Collection Service and /or Commercial Collection
Service.
1.14 Commencement Hate: 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,
115 Commercial Collection Service. (a) the Collection of Commercial Waste from
Commercial Customers; (b) the Collection of Commercial Recyclabl'es, 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.
116 Commercial Container. a , dumpster, roll -off container, compactor, or ether
container, except a Roll Carte than is approved by the Director for the Collection of
Solid Waste or Recyclable Materials from Commercial Customer's
11,17 Commercial Customer. Any Person that uses the Contractor's _ services for the
Collection of Commercial Waste,
1.15 " Commercial Lawry Care Service: a Person that provides lawn and garden
maintenance services for remuneration. This definition includes landscapers.
119 Commercial Organics: Organic Waste that is segregated from-Cornrnercial Waste
for recycling or other beneficial uses.
I 1 Commercial Real property: real property located in Service district ll 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 Deal
Property,
1.21 Commercial Recyclaibles. Recyclable Materials generated by Commercial
Customers.
1.222 Commercial Recycling Container: a durmpster°, roll -off container, compactor, or
other container, approved by the Director for the Collection of Recyclable Materials
from Commercial Customers_
1.23' Commercial Suppismentat Collection Services: services that are provided by the
Contractor to Commercial Customers, but are not included in the Rate for
Commercial Collection Service,
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1.24
Commercial Waste: Garbage and Rubbish generated upon Commercial Real
Property or Industrial Real Property. Commercial Waste > includes Commercial
Recyclabtes collected from a< Customer that has a contract with Contractor for the
Collection of such materials.
1.25
Commercial Yard 'Trash: 'Yard Trash generated upon a Commercial Customer's
Commercial Real Property car Industrial Real . Property. Yard 'Trash collected by a
Commercial Lawn Carte Service is not C ommercial Yard Trash-
1.26
Construction and Demolition (C&D) ,Debris: discarded materials generally
considered to be not water soluble and non - hazardous in nature, including, but not
limited to, steel, Mass, 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 nonnaily results from land clearing or land development operations for a
construction project.
1.27
Contingency Plan: the Contractor's plan for avoiding an interruption in Collection
Service in the ant that an emergency or other situation renders the Contractors
operations yard or equipment unusable.
1.26
Contractor, lmmokaiee Disposal Company, Inc.:
1.29
Coumtyr: depending on the context, either the unincorporated ,areas of Collier
County, Florida. or the Collier County government, including its officers, agents and
employees.
1.30
Curbside a location within three (3) feet of they curb,, pavement, or edge of the
n
nearest street. If this location rs in a' drainage ditch, Curbside shall mean a location
adjacent to the Custorner,'s driveway, as close as passible to the nearest roadway.
1.31
Curbside Container: (a) a metal or plastic container with a tight fitting lid, with two
handles on the sides, and with or without wheels; (b) Roll Carts;, and (c) a plastic bag
sufficient in .strength for handling by the Contractor, provided the tag is dosed and
unbroken at the time of Collection.
1.32
Customer: any Person that uses the Contractor's Collection Service under this
Agreement. A Custorrrear shall be a Commercial Customer or Residential Customer.
1.33
Customer Base: the _ number of Residential Customers and /or Commercial
Customers used in an Agreement Year to establish Rates, charges, or fees under
this Agreement.
1.34
Customer Las#: a list compiled by the County of the Residential Customers that are
entitled to Residential Collection Service from the Contractor.
1.35
Bay. a calendar day, except Sundays and Holldays.
°1.36
Department: the County department to which the Manager assigns the responsibility
of administering this Agreement.
1.37 _
Designated Site(s): any real prop" or facility designated by the Manager for the
receipt, disposal or processing of Residential Waste, Commercial Waste., Recyclable
Materials, or other materials.
1 -35
Director: the Director of the County's' Department or the director's designee.
1.39
disaster Debris: debris that is produced or generated by ;declared, natural or
manmade disasters, and is placed Curbside by Residential Customers, including but
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not limited to Yard Trash, Construction and Dernolltion Debris, Bulk Waste, and
White Goats.
1.40 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 Al District Manager. the Person designated by the Contractor to be the Contractor's
official representative regarding matters pertaining to this Agreement.
1.42 Dwelling Unit: a room or rooms constituting a separate, independent establishment
with taming facilities /kitchen, a separate entrance, and bathroom facilifies. 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.
.43 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.
1.44 'Electronic Equipment: electronic devices; that have been discarded, including, but
not limited to, .computers, monitors, televisions, cathode ray ' tubes, printers,
scanners, fax machines, and telephones.
1 -45 Exempt Materials: materials that are exempt treat,► the Contractor's exclusive
franchise under this Agreement,
1.46 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:
1.47 Fair Market Value: the price for which an item would sell on the open market if put
up for sale, based can comparable sales of similar items.
1 .48 ` Franchise Agreement: the written authority granted by the Board to provide
Collection, Services in unincorporated Collier County,
1.49 Garbage: all kitchen and table food waste, and animal or vegetative waste that is �
attendant with or results from the storage, preparation, cooking, or handling of food
materials,
1.50 Hazardous Waste: Solid Waste, or a combustion of Solid Wastes, which because
of its quantity, concentration, chemical or physical characteristics, may cause or i
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 heatth or the environment when improperly transported,
disposed of, treated, or otherwise ' managed. Hazardous 'Waste' includes any
material or substance identified,as a hazardous waste or hazardous substance in the
Florida Administrative Cote, Florida Mutes, or tither Applicable law;
1.51 Holiday: Independence Day, Thanksgiving Day, Christmas Day, and any other
holiday approved by the Director.
1.52 Improved Real Property: any cleared, graded or drained real property upon which a I
building or structure is ; erected and occupied or capable of being copied (i.e.. a
County Certificate of Occupancy has been issued) for residential, commercial,
institutional or industrial use. Improved Real Property includes but is not limited to
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�^.
recreational vehicle park lots contained `Within ,parks designated as mobile home
parks by the County Heafth Department
1.53
Industrial Real Property: real property, not classified as Residential Real Property,
where a Persian 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-prod uct of their activities,
1.54
Land Clearing Mbris« I the uprooted > trees,, bushes, vegetation, and other
abandoned materials resulting from a land clearing operation,,
1.55
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.
1,56
Load* material, including but not limited to Solid Waste and Program
l:t+e rclables, that is colleected in Contractor's vehicle or;transported from one location
to another by Contractor's vehicle.
1.57
Manager: the County Manager of Collier County, Florida, or the Manager's
designee,
1.58
Materials Acceptance Protocol (MAP): the documents identifying the Program
Recyclables to be collected and transported under this Agreement, as well as
standards that govern the Set Out and Collection of Program Recyclabies. The MAP
is contained in Exhibit V1.
1.59
n
Matenals Recovery Facility {lltlRF): a Solid 'Waste management facility that
provides for the extraction from Solid haste of Recyclable Materials, materials
suitable for use as it fuel or soil amendment„ or any combination of such materials.
1.60
Missed Collection* any occasion when the Contractor does not provide Collection
Service to a Customer in accordance a with the provisions of this Agreement,
1.61
Multi-Family Residence: a group of three or more Dwelling Units r within a single
building, attached side -by -side or one above another, wherein each Dwelling Unit is
individually owned or leasers on land which is cinder common or single ownership. ,
1.62
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.
1.63;
Non - Conforming Material: any material. that is Set Out for Collection in a Recycling
Container, but is znot a Recyclable Material.
1.64
Moan - Program Re yclable :: Recyclable Materials that are not Program
Rac clables, but are.segri ated from other materials in the Waste Strearn
1.65
Ordinance(s): the Code of Laws and Ordinances of Collier County, Florida.
1.66
Organic Waste: Garbage other similar putre~scible Solid Waste, including source
separated focal -waste and food- soiled paper. Organic Waste does not include Yard
Trash.
1.67
OSHA. the Occupational Safety and Health Act, as amended, and all implementing
-
regulations.
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1.68 Performance Bond: the bond provided by the Contractor to the County to secure
the Contractor's performance under this Agreement
1.69 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
1.703 Premier. Improved Real Property.
1.71 Private Hauler., any Person engaged in the business of collecting and transporting
Commercial Recyclables.
1.72' Program Recyclables: Recyclable Materials that have been designated by the
Board for Collection from Residential and /or Commercial' Customers, and are
segregated from Wirer materials in the Waste Stream.
113 3 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.
1.74 Rates: Board -approved amounts to be charged for Residential Collection 'Service,
Residential Supplemental Collection Service, Commercdal Collection Service, and
Commercial l Supplemental Collection Service.
1.75 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, rise,
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 'desaibed in this definition; {metal, paper,
glass, plastic, textile, or rubber };
1.76 Recovered Materials Processing Facility (RMPF): a facility engaged solely in the
storage, processing, resale, or reuse of Recovered Materials:
1.77 Recyclable Materials: materials which are capable of being recycled and which
would otherwise be processed or disposed of as Solid ' Waste. This terra
encompasses Program Recyclables and Non-Program Recyclable
1,78 Recycling Bin: eighteen (18) gallon green gins, hot - stamped or stenciled with
information ,approved by the Director, and used for the Collection of Program
Recyclables from Residential. Customers.
1.79 Recycling Cart: a heavy -duty plastic container that is mounted on two wheels,
complies with the specifications in Section 10.3 herein, and is used for the Collection
of recyclable Materials.
1.80 Recycling Contain 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.
1.81 Recycling Facility: any facility recycles discarded materials, including, but not
limited to any MRF, RMPF, buy -back :center, ,drop-oif canter (permanent or mobile),
and Recyclable Materials processing facility.
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1.82 Recycling Program: all aspects of the County's program for the Collection,
transportation, processing, marketing and handling of Recyclable Materials, inclining
educational activities, technical projects, compliance monitoring, and enforcement,
1.83 Rejects: non - Recyclable Materials, other than Residue, that are collected by the
Contractor with Recyclable Materials.
1,84 Residential Collection Service. the Collection of Residential Waste from
Residential Customers.
1.85 Residential Customer; a Parson who occupies Residential Real Property located'
within the Contractorfs Service District; Residential Customers include those
Customers that occupy a Multi- Faintly Residence and receive' Commercial Collection
Service.
1.€18 Residential Program Recyclables: Program Recyclables generated by Residential
Customers.
1.87" Residential Real Property: Improved Real Property that is located in Service
District ll and used fear, 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, teased residential Premises of the classes
described above, whether occupied 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 Deal
Property.
Pro P
1.88 Residential Supplemental al Collection Services: any service provided to a
Residential Customer by the Contractor that is not included in the Residential
Collection Service funded by the County's Special Assessment and provided to all
Residential Customers pursuant to Section 7.1 of this Agreement.
1.89 Residential Waste: Garbage, Rubbish, Yard Trash, - Program Recyclables, Sulk
Waste, and White Goods generated by a Residential Customers upon the Customers
Residential Real Property,
1,90 Residential Yard Trash: Yard Trash that is generated upon a Residential
Customer's Residential Real Property. 'Yard Trash collected by a Cori- mercial Lawn
Care Service is not Residential Yard Trash;
1.91 Residue: the portion of the Recyclable Materials accepted at a Recycling Facility
that is not converted to Recovered Materials due to °spoilage, breakage,
contamination, or transportation or ;processing inefficiencies. Residue does not
include Rejects.
1.92 Roll Cart: a heavy -duty plastid 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.
1.93 ' Rubbish: waste materials, other than Garbage, resulting from normal housekeeping
activities on Residential Real Property and Commercial Real Property, Rubbish
includes but is not limiter to discarded trash, paper, plastic, battles, cans and similar `
materials.
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1.94 Service Area., the combined areas of Service Districts I and If.
1,95 Service District 1: the unincorporated area of the County that will receive Solid
Waste Collection Service from a Person other than the Contractor. Service District I
encompasses the area that Is described in Exhibit III(A) and depicted in Exhibit IV.
1.96 Service District ll: the unincorporated area of the County that will receive Solid
Waste Collection Service from the Contractor pursuant to this Agreement. Service
District 11 is described in Exhibit Ill(B) and depicted in Exhibit IV,
1.97 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.
1,98 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,
1.99 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
uperations. 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.
1,100 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.
1A01 Special Waste: Solid Waste that can require special handling and Management,
including, but not limited to, White Goods, rires, used oil, lead-acid batteries,
Construction and Demolition Debris, ash residue, Yard Trash, Biological Waste,
Hazardous Waste. and Biomedical Waste.
1,102 Supplemental Collection Service: Residential Supplemental Collection Service
and Commercial Supplemental Collection Service,
1.103 Tipping Fee: the fee charged for the disposal or processing of Solid Waste or
Recyclable Materials at a Designated Site.
1.104 Tires: discarded automotive tires, including rims, but excluding tires that exceed 25
inches in diameter.
1.105 Transition Period: the period of time between the Effective Date and the
Commencement Date.
1.106 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.
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1.107 Unintentional Damage: damage caused to containers by an act unlikely, in normal
circumstances, to result in said damag e. Unintentio nal Damage includes but is not
limited to cases where the wheels of a container fall off or break when the container
is handled in the same manner as other containers of the same type.
1.108 Waste Stream* Garbage, Rubbish, Recyclable Materials, Yard Trash, Construction
and Demolition Debris, and other types of Solid Waste.
1.109 White Goods: large discarded appliances, including but not limited to, refrigerators,
ranges, washing machines. clothes dryers, water heaters, freezers, microwave
ovens, and air conditioners,
1.110 Yard Trash: vegetative matter resulting from landscaping maintenance ' inciuding,
but not limited to fronds, shrub and tree trimmings, grass clippings, palm fron, 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 It, 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 518 of this Agreement-
2.2 Tear; of Franchise Agreement
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 an the Commencement Date
and ending at 11,59 pm on September 30, 2013, unless this Agreement is
terminated earlier or extended,
2.3 Renewal 09tion
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 t he
Manager that '
g a
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.
2.4 Ten-nination of Collection Service Under Existing Agreement
The Contractor currently provides services to the County pursuant to a Solid Waste
Collection Service Agreement ("Existing Agreement') dated Sept ember 11 , , 1990, as
amended. The Existing Agreement provides that it shall terminate on September 30,
2006., Not%dthstanding the provisions in the Existing Agreement, the Contractor and
County agree that the Contractor's obligation to provide Collection Service under thc-
Existing Agreement shall terminate an October 1, 2005; Thereafter. the Contractor
shall provide Collection Service in accordance with the terms and conditions
contained in this Agreement,
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3 Agreement Documents
.1 >Agreament_Docc Menu
The Agreement documents, which come the entire Agreement between ' the
County and Contractor, shall be attached to this Agreement and rye a part hereof.
On the Effective; Date, the Agreement documents ill consist of the following:
* This Agreement
40 The Exhibits to this Agreement: Exhibit I through Exhibit Vitt
Thereafter, the Agreement, shall be- supplemented with the following:
• The Performance fend 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 Actreement Documents
In the event of a conflict between this Agreement and the prcrosions of any exhibit,
the provision of this Agreement shall control.
4 Service District
During the term of this Agreement, the Contractor small provide Collection Service to all
Customers within Service District ll. The legal descriptions of Service Districts I and 11 are
provided in Exhibits Ill(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 State, Monts
of Collier County, which are contained in Exhibit hill.
5.2 General DescAup ign ref Collection Services
52 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 119
5.2.2 Except as otherwise provided herein, all Improved Real Property within
Service 'District 11 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 requiremernis of this Agreement and the Ordinance,
5.3 Transition Pr r'to Commencement Date
Contractor is responsible for ensuring a smooth transition in the Collection Service
provided to Residential Customers and Commercial Customers can time —
i
i
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Commencement date.
No later than March 15, 2005, Contractor shall submit to the
Director a Transition Plan that c ontains 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 tcal10wing specific performance requirements in the
Transition plan and'accomplish them according to the following deadlines:
By April 1, 2005
Contractor and County shill hold the first Transition
Planning Meeting,
By May 1, 2005
Contractor shall ,provide to the Director a Collection Plata„
which shall be subject to the approval of the Director,
By June 15, 2005
Contractor shall provide the Director with a revised -
Collection Plan, it necessary,
By July 1, 2005
Contractor shall submit to the Director documentation
demonstrating that all necessary vehicles, equipment, and
containers have ' been ,ordered and will be delivered to
Contractcir's equipment yard no later than August 1, 2005,
By July 15, 2005
Contractor and County shalt hold the second Transitive
Planning Meeting,
By August 1, 2405
Contractor shall provide the Director with a Contingency
Flan,
B y September 1,
Contractor shall provide to the Director a written safety
2005
plan covering all aspects of Contractors operations under
this Agreement.
By September 10,
Contractor shall confirm in writing to the Director that all of
2005
the vehicles and containers necessary to provide Collection
Service have been delivered to Contractor's equipment
yard,
By September 15,
Contractor shall confirm in writing to the Director that all of
2005
the vehicles necessary to provide Collection Service Have
been registered, licensed, and tagged, and otherwise are
ready to perform in compliance with the requirements of
this Agreement.
By September 15,
Contractor .shall provide the Director, with a vehicle and
2006
equipment list, which shall identify the make, tyke, year,
license number, and identification number for each 'vehicle. I
At least 2 weeks pricer
Contractor 'shall deliver County- approved brochures or
to Commencement
other informational materials to Residential and I
Date
Commercial Customers, informing > them about the
n
Contractors Collection Service and collection schedules,
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5.4 Transition Prier to ;Exc«irtion cif this Agreement
5.4.1 Should the County chi 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 s 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, it the 'County requests said
service.
5.4.2 Contractor shall allow the County's newly selected' franchise hauler(s) to
purchase, or rent for up to ninety (90) cloys, Contractor's Commercial
Containers. The purchase price and /or rental fee shalt be negotiated,
54.3 Prior to the expiration of this Agreement, Contractor shall warts 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
:III comply with the following performance requirements and deadlines.
180 days prior to to the Director and to selected franchisee a Commercial
expiration of ` Container inventory, in a' format acceptable to the County, that
Agreement includes each container's location (street address), rapacity,
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.
1`6 clays prior to Attend a coordination meeting with the selected franchisee and
expiration of the County. At the coordination meeting, the Contractor shall I
Agreement provide a list of Contractor -owned containers tit may be
purchased by the selected franchisee.
120 days prior to Wont with the selected franchisee(s) to develop a mutually
expiration of agreeable schedule for removal of Contractor- owned Commercial
Agreement Containers and placement of the selected franchisee7s containers:
The schedule shall ensure no interruption in Collection Service.
3a days ;prior to Implement the schedule in cooperation with the selected
expiration of franchisee.
Agreement
5. 1-.4 Prior to the expiration of this 'Agreement, the County may purchase the Roll
Carts, Recycling Bins:., Recycling Carts.' Commercial Containers andtor
Commercial Recycling Containers provided by the Contractor under this
Agreement, The County shall pay the Pair Market Value for any containers
that the County wishes to purchase from the Contractor.
5.5 Hours and Days of Collection Servi
5.5.1 Contractor shall not provide. Residential Collection Service ,prior to 6 :00
a.m. or after 6 :00 p.m., unless otherwise auftri ed by the Director.
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5.5.2 Contractor shall not provide Commercial Collection Service for Commercial
Customers located within two 'hundred (200) feet of Residential °Real
Prop" prior to 6.00 a.m. or after 6 :00 p.;m. unless otherwise authorized
by the Director. Contractor may provide Commercial Service at :rather
locations at any reasonable times subject to the Director's approval.
5.53 Collection Service shall be provided by the Contractor on Monday through
Saturday, except Holidays, or as otherwise authorized by the Director.
5.5A Contractor shall not be rewired 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 maxims 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 Me Collection Plan minimizes the changes
to existing Collection routes. Contractors 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 Changes to Routes Schedules
5JA After the Commencement pate, Contractor small not change a Collection
route, a Collection schedule, or the method of providing Collection Service
n until the Contractor rac eW s the Director's approval. Contractor shall submit
to the Director a description of all propel route, schedule, and
operational changes at least thirty (30) days prior to implementation of such
changes, unless an alternate notiffication 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.
5.7.3 Contractor shall inform the Director of any event'lhat 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'too Customer List
5.81 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 aerate 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 tunes.
The parties shall promptly notify each other of any Customers that sl, ould
be added to or deleted, om the Customer List.
5.8.2 The County smell revue its Customer List and shall notify the Contractor
promptly after a new Certificate of occupancy PancY is issued by the County for
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Improved Real Property in Servicae District li. Contractor shall provide
Collection Service to each new Residential Customer when the Customer
places its Solid Waste at Curbside.
5Z.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:
5.8A
Contractor shall provide Collection Service to Customers located in areas
that are added to the C ntractoes Service District during the term of this
Agreement.
5.9 Holidays
5.9.1
Contractor shall not be required to provide Collections Service on Holidays.
5.9.2
When the scheduled Lay for Collection Service for a Cort merczal
Customer -1s 'a Holiday, the Contractor ishall , 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 Services to the Commercial Customer on the next Day following
the holiday.
5.10 General Collection Procedures
5.1 g.1
Contractor shall thoroughly empty Collection Containers and return therm in
an upright position to the location where they were placed by the Customer.
510.2
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 Mixing Loads of Materials
5.11.1
Contractor shall not combine loads of Solid Waste or other materials
collected pursuant to this Agreement with toads of Solid Waste or other
materials collected outside of the Contractor's Service District, vAthout the
prier written approval oaf he [director.
5.11.2
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{
fires, or any other materials that are to be handled separately under this J
Agreement. I
5.11.3
Contractor shall not combine Program Recyclables with any other material.
5-11A
Contractor shall not combine Residential Waste with Commercial Waste, or
Residential Programs Recyicl2bles 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 Me mixed
materials. Unless the Director approves sn altemate procedure, the, •-•
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n
Contractor shall P8y the Tipping Fee for Residential Waste when
Commercial 'waste is mixed with Residential Waste, and the Contractor
shell pay the Tipping Fee for Corrirnercial Waste when Residential Waste is
mixed with Commercial Waste,
5.12 Non - Collection Procedures
5.12.1
Contractor is not required to collect Solid Waste. Program Recyclables, or
other 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 shalt immediately place a Non-
Collection Notice on the container or None Conforrriing Material& 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 f end of the Clay. 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 rnsually inspecting each Customer's recycling
Containers to determine whether they contain Non - Conforming Materials,
Non-Program Recyclaibles, 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 can the
Container explaining why the material was rejected.
512,3
Its the event a Commercial Container or Commercial Recycling Containerise
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 faith in Exhibit'I(S).
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
such Waste for Collection, the Contractor shall place a Nora- 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 inacce"bler or 'blocked, the Con-tractor' shall promptly (i.e„
within two hours) notify the Customer by 'telephone conceming the
Contractor's inability to provide Collection Service. The Contractor shall
offer to provide Collection Service later in the same pay, whenever
feasible. ' The Contractor also shall notify the Director by telephone or by
electronic mail, before the and of the pay. The Contractor shall provide
service on the Customer's next regular Collection Day, unless a; special
Collection is arranges ;for an earlier time. Special Collection times 'c an be
arranged with the Contractor for an additional 'fee, which is stet forth in
Exhibit. 1(8).
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512.£ The design and content of the Non-Collection n Nt fi*s) used by the
Contractor shall be °subject to the approval of the director. At a ,minimum,
Neon- Collection Notices shall provide the follovAng information. the
Contractor's reason for not providing Collection Service, information 'that
will allow the Cuastomer to correct the problem; and a 'County telephone
number for any further questions.
5.13 Missed Collection PMgggyreg ,
Upon notification by the Director of a Legitimate Complaint regarding a Missed
Collection, the Contractor shall promptly, return to the Customer's Promises and
collect all properly prepared :Solid Waste and Program Recyclables. It the Director
notifies the Contractor before 12. p.m. (noon), the Collection shall be completed
before the end of the nay. 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 Propegy
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 rather
plantings.
5.14.3 Contractor snail be responsible for all costs associated vAth 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 and
of the Day, If the Director' notifies the Contractor :after noon, the Contractor
shall investigate and respond to the Director before noon can the next tray.
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
unreasonably withheld. Any ,disputes concerning the Contractoes
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 15x2 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_
tour (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 vehi'des 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
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reasonable notice of such access denial so that the County's action d
not interfere unduly with the Contractors normal operation.`
5.15.4 The Contractor shall use suitable vehicles and equipment, as necessary, to
provide Collection Service on dead-end streets. The Contractors 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
arse 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,
SA .b 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 Bather location specified by the Director,`
5.15,.5 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 Direr.
S.16 Designated Sites
5,16A Contractor stall 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 Jmmokalee Landfill.
5.15.2 Contractor shall abide by ' any applicable requirements concerning the
delivery of materials to the Designated Site(s).
5,16.3 Unless instructed 'otherwise'by the Director, the Contractor shall segregate
and separately dispose of Garbage, White Goods. Tires, lead -acid
batteries, Bulk Waste, and Yard Trash at designated areas of the
Immokalee Landfill. The Contractor shall not ;pay a Tipping Fee for the
disposal of these materials at the lmrwkalee Landfill it such materials were
collected from the Contractor's residential Customers cinder this
Agreement.
5.15.4 The Contractor may deliver materials to the Immokalee landfill during the
following hours of operation;
F Designated Disposal
Site Hours of Deliytg.—
I Immokalee Landfill 8.00 a.m, to 5.00 p.m., l�tonday throiugh Saturdayetl�
5.15.5 program Recyclables, Recovered Materials, and Electronic Equipment
collected under this Agreement shell be delivered by the Contractor to the
Designated Sites for such materials. The Migrated Sites for Program
Recyclables, Recovered Materials, and Electronic Equipment. shall include
all properly licensed RAcycling i:nrail�es, scibtect 'tta the L"`
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5.17 Sys %Land: (Witter
517.1 Contractor shall not cause or allow any Solid 'Waste or other material to be
spilled,, released, or othentAse 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 uses
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 Contractors 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 dean 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 -tip activities before the end of the Day_ ,..�
lf. the director notifies the Contractor after noon, the Contractor shall
complete its dean -up before noon on the neat 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 Contractors 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 occupants expense.
5.18.1 Land Clearing' Debris.
518.2 Construction and Demolition Debris.
5.18.3 Trash and debris associated with farming operations.
5.18.4 Extraordinary, Hazardous, Biomedical, and Radioactive Waste.
5.18.5 Wrecked, scrapped, ruined or dismantled motor vehicles, or motor vehicle
parts, including used oil. Tires, and batteries':
5,18:8 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.;
5.18.7 (Von - Program Recyclables generated and separated from the Waste
Stream; by Residential Customers.
5.18.8 Solid Waste and by-products resulting from an industrial process.
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5.18.9 Solid Wad and Recyclable Materials generated In the incorporated arms
of Collier County.
5.18-10 Sludge,
8.18.11 Liquid, ,semisolid, or contained gaseous material resulting from domestic,
industrial, commercial, mining, agricultural, nor govemmental operations.
5.18.12 Commercial {organics.
5.18.13 Yard Trash generated on Commercial Real Property,
5:18.14 Materials and wastes similar to those: listed above, when designated by the
Director:
5.19 Satetyr Pmcara
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 Lam. A written copy and an electronic copy of the safety
plan shall be provided to the Director, The Contractor shell comply with its
safety plan at all times.
5.19.2 The Contractor shall appoint an employee who is qualified and autharized,
as defined by OSHA, to supervise and enforce safety compliance.
5.19:3 The Contractor shad 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
n employee, shall be maintained onfirle and shall be provided to the Director
upon request.
5.19.4 The Contractor shall follow all OSHA regulations and Applicable Lam with
regard to personal protective equipment. The Contractor's employees shall
the instructed to drive in a defensive manner.
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 rather 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 small
identify and describe the vehicles, equipment, routes, and schedules the
Contractor will use. , The Collection Plan small 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.
520.2 The Collection Plan shall describe ribe the Contractor's plan for recycling the
Recyclable Materials collected under this Agreement. At a minimurn. the
Collection Plan shall identify. the number and types of vehicles that will be
used to collect Recyr ble Materials, and the recycling Facility that will
receive the Recyclable Materials,
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5.20.3 The Collection Plan shall inciuda the rnanufacturees specification Sheets for
the Contractor's Recycling Bins, Recycling Carts, Roll Carts, and
Commercial Containers, as >provided in Section 10.3.4 herein.
5.20.4 An updated Collection Plan shall be submitted to the Director within two (2)
Days whenever the Contractor" changes the Collection Plan,
5.20.5 The Collection Plan, and any revisions to the plan, are subject to the
Director's approval.
5.21 lviwnershiR of Solid Waste and Program Recyclables
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 sale 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.
5.2 Compaction of PEogram Roubles
Contractor may compact Program Recyclables while on hard 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 yarns) of the compartment holding the Program
Recyclables on the Contractor's vehicle. if the compaction process or density affects
the marketability of the Recyclable Materials, the allowable density may be changed �
by the Director, Further, the allowable density may be changed by the Director if the
County requires the Contractor to deliver the Program Recyclables to a Recycling
Facility in Collier County pursuant to Section 18.2' herein.
5.23 Sale of Program Recyclables.
At it; 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 early explain how the
Contractor estimated the weight and valve of the Recyclable Materials in those
ceases 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 Recvclalble Materials
5.24,1 Except as expressly authorized herein, the Contractor shall not dispose of
any Program Recyciables that have been collected in the County. Such
materials shall be sold or otherwise used for a beneficlM purpose:
5.24.2 Rejects and Residue shall be beneficially reused or delivered to a Solid
Waste management facility for disposal,
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5.24,3 The Contractor may flaw; a vfit n petition for relief with the Board if the
Contractor determines that the net cwt of marketing one or more of the
County's Program Recyctables exceeds the net revenues derived from the
sale of all of the Program Recyclables. The Contractors 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 clays. ° 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
Recyclablesf (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 Immokatee Landfill, without paying the
Tipping Fee; or (d) such other relief as the Board deems appropriate.
5.24A If the Contractor files a petition with the Board, the 'Manager shall review
the petition within ten (1 1) Days arid, if the petition appears to be
meritorious, the Manager shall allow the Contractor to take the County's
unmarke table Program Recyclables to the Immokatee Landfill for disposal
until the Board makes a final determination ,concerning the Contractor's
petition, ; Ira such rases, the Contractor shall not pay a Tipping Fee at the
n
lmrrmokalse Landfill for the disposal of the unmarketable materials.
6 et Out Procedures
6.1 residential Customers
61.1 except as otherwise provided herein, Residential Customers shall use
Curbside Containers for the Collin of Garbage, Rubbish, and Yard
Trash, and shall use Ruing ', Bins for the Collection of dram
Recyclables. Residential Customers may use heavy -duty plastic hags for
excess Garbage or Rubbish`
6.1.2 Roll Carts shall be used by Residential Customers tsar 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 shWI.' (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 Me free discharge of the container's 'contents. Such containers
shall not exceed thirty -two (32) gallons in capacity or fifty (60 ) pounds in
weight when filled.
6.1.3 Residential Program Recyclables small be Set Out fair Collection in
Recycling Bins. Cardboard placed in Recycling Bins 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 Bin,
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6.1 A
Discarded materials from small housed repairs, renovations or projects
shall be placed in a Roll Cart.
6.1.5
Curbside Containers, Roll Carts, Recycling Bins, Recycling Carts, and any
non - containerized waste appropriate for Curbside Collection shall be placed
at the Curbside prier to 6 :00 a.m. on the scheduled Collection Day. These
containers , and materials shall be placed at lust four (4) feet from
mailboxes or other obstades.
6.1.6
A Residential Customer shall not Bet 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 Corriercial Customers
I
6.2:1
Commercial Customers snail 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 putresclble 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,
6.3.3
Yard Trash placed in Curbside Containers shall not exceed four (4) feet in
length or fitty_(50) pounds "in weight- and shall not extend more than twelve
(12) inches over the top of the Curbside Container, Yarn Trash shall not be
Bet 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 card or other material strong enough to support the weight of the bundle.
Non-containerized Yard Trash shall not exceed My (50) pounds in weight.
Non-containerized Yard Trash shall not >exceed four (4) feet in length or four
( ) inches in diameter. The foregoing restrictions also shall apply to other
types: of non- containerized Solid Waste, _ except Billy 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.
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6.8.8 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 authors the placement of a Collection Container off of the
Premises. Public r ht f -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-d -way.
7 Residential Collection Service
7.1 Basic, Collection Service and Collection Frecruencv
7.1.1 The Contractor shall provide the following Collection Service to each
Residential Customer.
7.1.1.1 Garbage and Rubbish shall be collected at Curbside at least 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,
7.1.1.2 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.
7A .1. Program Recyclables, shall . be collected '< at Curbside at least once
n each week. This service shall be provided on one of the two hays
when Garbage is .collected. Program Recyclables shall be :collected
twice each weak I the County implements a public education program
to increase recycling rates and there reasonably - determines that there
is a sufficient demand to warrant the Collection of Program
Recyclables twice per week. In addition, the Contractor shall place
sectioned or compartmentalized contain at all public~ schools in
Service District It for the Collection of 'computer papers newspaper,
and mixed fiber materials.
7.1.14 Bulk haste 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 Bulk Waste on all Collection routes, and ;shalt 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
Bulb Waste Collection rust be made at least forty-eight (48) hours in
advance of the next regularly scheduled Day for the Collection of Bulk
'waste.
7.1.1.6 While Goods small be collected at Curbside at lust once each week
This service shall be provided on one of the two Days when Garbage
is collected, whenever passible. 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 an the next
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Scheduled Collection may for White Goo&. 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 oollected; 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
mate" to the Director, Upon request by the Director or a Customer,
the Contractor shall pick up such item 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.
71.2 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 ter Service; and (b) written confirmation n that no able-
bodied Person resides in the household.
7,1,3 Except as otherwise expressly provided herein, the Contractor is not
obligated by this Agreement to collect Extraordinary Waste;
7.2 Sunoiemeotal Collection Services
7.2.1 Contractor shall offer Residential Supplemental Collection Serves to
Residential Customers, including. but not limited to Back Door Service for
non- handicapped Customers.
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 conifirrnation 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 Muth- Family
Residence shall receive Residential Collection Service if the Customer pays the
County's Special Assessment or receives the Directors approval for such - service.
All other Customers occupying Multi- Family Residences shall receive Commercial
Collection Service,
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n
8.2 A 'Customer occupying a Multi-Family Residence a and receiving Residential
Collection Service shall receive the same level of seMc , 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 shell receive the same level of service, and shall be subject to the
saute 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 Racyclables generated by those
Customers that occupy Multi- Family Residences, even if the Customers receive
Commercial C llection Service.
8 Commercial Collection Service
9.1 Basic Collection Sergi and Colle�r Emguency
9.1.1 Commercial Collection Service for Garbage and Rubbish still be arranged
between the Commercial Customer and the Contractor,
91.:2 Commercial Customers shell enter into a contract with the Contractor for
the Collection of Commercial waste and shall' pay the County's approved
Rtes for their Collection Service, The Rates established in Exhibit I(A)
include container rental fees,
9.1.3 this Agreement does not authorize or rewire 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 Gaiter facilities that generate significant
quantities of Garbage and other types of putresable waste.
91.8 Where several Commercial 'Customers are within close proximity to each
other (e.g., in the same shopping center or mil), 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 Gaffer Supplemental Collection Services to Commercial
Customers, including but not limited to the services described in Exhibit
l(B). The list of Supplemental Collection Services and the associated Rates
may be revised when the Board adopts its annual resolution ,approving the
Contractors Rats.
9.2.2 Commercial Customers desiring Supplemental' Collection Service 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
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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 Mates stated in Exhibit IB),
unless the County assumes responsibility for billing Commercial
Customers.
9.3 Commercial Recycling Services
The Contractor 'shall coffer to collect Recyclable Materials from its Commercial
Customers; and such service shall be available at least two (2) times each week, 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,
94 Contract for Colle Don Service
9.4.1 The Contractor shall prepare a standard farm 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 he 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.
"COMMERCIAL. COLLECTION CONTAINERS"
You may provide your own Commercial Container (e.g., a roll -off
container 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 to a safe,
sanitary, serviceable condition by the owner of the Commercial
Container.
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"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 service 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 rat+ ;
(a) CHARGES FOR COLLECTION
(b) CHARGES FOR DISPOSAL
(c) CHARGES FOR SUPPLEMENTAL SERVICES
(d)' TOTAL
.5 Termination of CnrnrnArcial Collection Servicr~, ~�
9.51 The Contractor may. terminate Collection Service when a Commercial
Custormr fails to pay for . service and the following procedure has been
followed.
9.5.1.1 When a Commercial Customer's payment is thirty
�Y (34) calendar ciay.�
past due, the Franchisee may mail to such Commercial Customer' a
notice of intent to terminate service in ten (1 ii) treys_
9.5.1.2 if the Commercial Customer desire to dispute the bill, the Customer
shall notify the director in writing within the ten (10) lay period. Upon
receipt of the Customers notice, the direr shall resolve the dispute,
9.5.1.3 If the valance 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) Clay
after service is terminated.
9.5,1 A Upon being notified, the County shall lake whatever action it deem
appropriate to enforce compliance with the provisions of the County's
Ordinances.
9.5.E In the ,event service is terminated.. the Contractor is authorized to remove
from the Customer's Premises any Commercial cal Containers, Commercial
Recycling: Containers, or ether 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 25.1.5 of this Agreement.
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0 Collection Containers
10.1 provision of Containers
100.1 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 strap 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 cane,
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 -fie (35),
sixty-four (64). or ninety -six (9 6) gallon Roll Cart. ' Thereafter, the
Customer may exchange Its mall 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 sifter appropriately sized Roll Carts to age-
restricted communities on a community- Deride basis, and in ether
special rases; as determined by the Director, after consultation with
the Contractor.
10.1.1.6
The Contractor shall provide a new Roll Cart to new Residential
Customers within five (5) Days of notification by the County.
10. 1.2 Recyclino Bins and Recycling Gaits
10.1.21
The Contractor shall 'ensure that each Residential Customer has at
least one (`1) Recy6ing Bin at all times during the term of this
Agreement. Upon request by the Director. the Contractor shall deliver
up to two (2) Recycling Bins to Residential Customers that do not.
have them.
10.1.2.2
The County shall provide the Recycling Bins to the Contractor for
distribution.
10,123
The Contractor shall deliver up to two (2) Recycling Bins to new
Residential Customers within five (5) lays of notification by the
Director.
10.1.2.4
When requested by the Director, the Contractor shell deliver one or
more Recycling Carts to these Residential Customers that produce`
large quantities of Recyclable Materials. The Recycling Carts small' be
provided only to Residential Customers when are not engaged in a
commercial business activity at their residence. The County shall
provide the Recycling Carts to the Contractor.
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10.1 .3 Commercial containers
rs
1 x3.1.3.1 Commercial Customers ma
y 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
=Slid Waste andior ;;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
property stored anti 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
10.21 Customer -owned Collection Containers shall remain the sale property of
the Customer,
10. 2.2 The Contractor shall retain ownership Of any moll tarts, Recycling Bins,
and Recycling Carts that am. purchased and provided by the Contractor.
Roll Carts, Recycling Bins, and Recycling Carts provided by the County to
the Contractor or Customer shall remain the sole property of'the Counter.
10.2.3 The Contractor's Commercial Containers and Commercial Recycling
Containers shall remain the sole property of the Contractor.
10.3 Technica l Seec ific ations fo- Containers
10.3.1 Recycling Bins supplied by the Contractor small be of equivalent or better
duality than those currently in use by the County, and shall be subject to the
approval of the Director. Recycling Bins shall: (a) be green, (b)' have `a
rated capacity of 18 gallons; and (c) be hot - stamped or labeled in
accordance with the specifications provided by the Director, Recycling Bias
shall be uniform with regard to color, volumetric capacity, dimensions,
finished surfaces. and hot stamping /labeling.
1012 if any Recycling Carts are supplied try the Contractor,'the Recycling Cans
small be subject to the approval of the Director. ' Recycling Carts small, (a)
be green: '(b) have a rated capacity of sixty -four ( ) 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} i~fj
have attached, hinged lids; and (9) be compatible with the hydraulic lifting
n and clumping mechanism mounted on the Contractor's' Collection vehicles
Each Recycling Cart shall have a flat area on the top (outside) of the lid,
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which shall to at lit eight (a) 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
expo sion 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.
16:13 Roll Carts supplier) 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 -Ave (36 ), sixty-four (64 ), or ninety - six (96) gallons;
(c) be made of heavy .dam 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
stampingllabeling. A Recycling Can small be constructed:: to prevent the
intrusion of water and animals, and the expulsion of its cDntents; with
covers that are free from :sharp edges; and without any inside structures
that prevent the discharge of its contents.
10.3.4 Commercial Container's supplied by the Contractor shalt be of equivalent or
batter quality than a _currently in use b the County, and shall ` be
subject to the approval of the Director. Commercial. Containers shall have
attached lids, unlessthe Director approves a different design for a particular
use.
10,3.6 The Contractor shall provide the Director with the manufacturer's
specification sheets for the Contractor's Recycling Bins, Recycling Carts,
Roll Carts, and Commercial Containers. At a minimum, the specification
sheets shall address the following items, if applicable;
* Company of manufacture
• Material of manufacture, including pre-consumer and past- consumer
recycled content
Molding technology
* Standards of design (e.g., American National Standards institute)
• UV stabilization certification
* Load rating
Design standards for lid, handles, lifting, :bottom, wheels, axle, and
fasteners
Interior and exterior finish surfaces
* Color
• Volurnetr is Capacity
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• hleStability
Identification and Marking
• Manufacturers warranty
10.3.6
The Contractor shall replace the labels on its bins, carts and containers,
on
an as-needed basis. subject to the Directoes approval,
10.4 Deliyerwr of
Cq atainers
10.4t1
The Contractor shall rr in in an adequate supply of Roll Carts, Recycling
Carts and Recycling gins at all times, The Contractor shall deliver new,
additional, and replacement Roll 'Carts and Recycling Bins to Residential
Customers within five (5) Days of receiving a request for said containers.
10.4.2
The Contractor shall rainier Roll Carts, Commercial Recycling Containers,
and /err Commercial +Containers to a Commercial Customer within give (b)
Days of receiving a request for such containers.
10.5 MILIntenance of Containers'
10.5.1
With regard to the Roll Carts, Recycling Carts and Collection Containers,
that the Contractor delivers or otherwise provides to its Custo rers, the
Contractor shall maintain the Roll Carts, Recycling Carts and Collection
Containers in good working order to ensure continuous and efficient
Collection Service under this Agreement.
10.5 .2
Cantracttor -ow wed Commercial Containers shall have solid, durable
n
bottoms. Commercial Containers shall be equipped with a heavy- duty
removable plug for the purpose of mean out.
10-5.3
The Contractor shall maintain and repair its Commercial Containers so that
the containers are free of hales, ` broken hires, broken doors or door
fasteners, broken wheels, or broken lids.
10.5.4
Con ctor -owned Commerdiai 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 steal, or other materials
that do not readily adept 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 () 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 Bins, Recycling Carts, and
Commercial Recycling Containers. The Contractor may Maintain
Customer-owned containers for an additional fee,
approved by the County.
The Contractors fee for this service is set forth in Exhibit l(B ).
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10.6 ft Air and ReNacement of Containers
10.61 At Its expense, the Contractor shall repair or replace dared Contractor-
owned Roll Carts, Recycling Sins, Recycling Carts, and Collection
Containers within three (3) Lays after receiving notice from the 'County or
Custom, er. This requirement also shall apply to all Roll Carts, Recycling
Bins, and Recycling Carts provided by the County to the Contractor. At its
option, the Contractor may require a Customer to exchange its old Roll Cart
or Recycling Cart when the Customer receives new Roll Cart or Recycling
Cart from the Contractor, If a Roll Cart or Recycling Cart musf be replaced
because of the Customer's negligence, the Customer shall pay the
Contractor's invoice prig: 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 Exhlblt 1(8),
10,6.2 If f Contractor dames or destroys any Customer -owned Collection
Container. the Contractor shall repair or replaces said container, at the
Contractors 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, Recycling Bins. and
Recycling Carts that are stolen from ;a Residential Customer._ in such
cases, the County may (a) purchase and provide Roil Carts, 'Recycling
Bins, and Recycling Carts to the Corrector or (b) reimburse the Contractor
for the purchase price of the ,Roll .Carts, Recycling Sins, and Recycling
Carts, as documented by the Contractor's invoices, The County .shalt not
pay any profit, mark -up or other urges to the Contractor for the Roll
Carts, Recycling bins and 'Recycling Carts. The County's payments to the
Contractor for the Roll Carts, Recycling Bins, and Recycling Carts shall be
mate in compliance with the Florida Prompt Payment Act, Sections 218.70
et seq., Florida Statutes.
10.7 Storage of Recycling Bins
It requested by the Director, the Contractor shall store new and replacement
Recycling Bins at the Contractor's equipment yard or at another location in Collier
County that is acceptable to the County. The Contractor shall pick-up the Recycling
Bins from a location in Coll er County, as designated by the Director, and shall
transport the Reding Bins to the Contractor's stowage yard. The Recycling Bids
shill be kept in a safe, secure manner until they are delivered to the Contractors
Customers pursuant to this Agreement. The Contractor shall not be obligated to
transport and stare more than one thousand (1,000) Recycling Bins in any month or
more than three thousand (3,000) Recycling Bins in any Agreement Year.
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11 Vehicles and
Equipment
111 G.eneral Provision
11,11
The Contractor small purchase and /car lease, and maintain and repair, all
vehicles and equipment necessary to maintain its approved Collection
schedules, and to promptly and efficiently comply with the requirements in
this Agreement, The Contractor's vehicles and equipment shall be
compatible tin size and weight) w1th, and appropriate for, the areas where
such vehicles and equipment are utilized.
11,,1.2
Collection vehicles and equipment small 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 seine 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 toading :and transport operations The Collection vehicles shall have
solid metal sides and a frilly 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 (I%) 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 24 miles per hour.
n 1181.5
Vehicles transporting Program Recyclables shall be covered to protect
paper recydables from rain, and to prevent' Program Recycl bles 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
scalehouse and records if there are any changes in the tare weight.
111-7
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 Coliecton ` Service.
11.2 Ancillary Eouipment ;
11.2.1
Ail vehic es used to provide Collection Services under this Agreement small
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 warming device, The spill
response kit small be suitable and adequate for cleaning up any leaks or
spills of oil, hydraulic fluid. or either 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 ether 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.
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11:2.3
All vehicles used for Collection of White Coeds or Electronic Equipment
shell be equipped with appropriate ancillary equipment so as to avoid
breakage of the Electronic -- Equipment, or loss of Freon from White Goods,
during Collection.
11.3 Deserve Vehicles and Ettuipme
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 tot occasions when
front line vehicles acid equipment are: out of service, or delays prevent front
line vehicles and equipment from completing 'their daily Collection ro te(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 bring
replaced
11.4 Maintenance and Condition
114.1
At a minimum, all of the "Contractor's Collection vehicles and equipment
shall be maintained in compliance with the manufacl urees 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
equipmerit 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 serve telephone
number shall` be displayed at all times. in letters at least flour (4) inches
high, on bath side doors of the Contractors Collection vehicles. The
Contractors 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)
skies of all Collection vehicles.
11 Z.2
All Collection vehicles shall display information approved by the Director
concerning the type of material (Solid Waste, Yard Trash or Recyclable
Materials) being wilected The information shall be displayed at all times,
on tooth sides of the vehicle body, ire letters at least six (6) inches high. The
information displayed on the Contractors vehicles shall be subject to
Contractor's approval, which shall not be unreasonably withhold,
11 .5.3
Contractor shall label its Commercial Containers with letters a dior
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 lads
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shall be readily visible when the container is placed at a Commercial
Customers site.
11.6 Compliance with the Law
11.61, At all tunes, 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 thrcaugh 316.5100, Florida Statues,
and the County Ordinances, as amended from time to time-
11.7 'County's R ht to. lnsMct 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 Colledon 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.
n 11.8 Storatle and Reoair'
The Contractor shall provide a garage and maintenance facility for its vehicles and
equipment that enables all - weather, yeah -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 Manager
Contractor_ shall appoint an employee to serve as-the District Manager, The District
Manager shall be the primary print 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 small have the authority to
make significant decisions relevant to the day -to -day Operation of Contractor's
pru gram 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 If re Ccantrartor's
performance trader 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. :.
.n
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12.2 Field S rvisor
The Contractor shall designate a Field Supervisor($), who shall oversee the provision
of the Collection Services under this Agreement. The Field Supervisor(s) shall have
immediate ass 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 EmpMl ee Conduct
All Contractor personnel shall maintain a courteous and respectful attitude toward
the public at all fimes.. The Contractor shall Instruct Its employees to avoid loud
acrd /car profane_ language at all times dunng the performance of their duties under this �
Agreement, t.
12.4 = Employee AbAeai'ance and Identification
The Contractor shall furnish each employee with an appropriate means of identifying
himther as arc employee of the Contractor. The identification-: need not be a uniform
or a complete set of dlothing, but must be sufficient to ensure easy identification.
The Contracto'r's employees shall wear the identrfication at all times while on duty.
Shirts must be wom 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 Corntractorts District.
Manager. Notwithstanding the foregoing, the Contractor shall not be required to take
any acts 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 ernptoyees so removed.
12.6 Employ Trainina 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 arses and additional training to its employees, as needed,' to
ensure compliance with the requirements of this Agreement and all
Applicable Laws.
12:5.2 At all ''times when operating vehicles or equipment pursuant to this
Agreement, the Contractors employees shall carry a valid Florida driver's
license for the type of vehicle or equipment being operated.
12.5.3 The Director may request the Contractors employees to produce their
driver's license for inspection at any time when the employee is on duty,
13 Local Office
131 The Contractor shall maintain a customer .servioe/dispatch office within the County.
The Contractoes office stall be open for business, and Contractor stall have
personnel available for the purposes of dispatch. complaint resolution, and other
matters, between the hours of 8 :00 am. and 5:00 pm., Monday through Friday. The
office shill be equipped with a twos -way communication system that can be used to
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contact the Director, the Contractor's 'District Manager, the Contractor's Field
Supervisor, and all of the Contractor's Collection
13.2
The Contractor's office shall be equipped with sufficient personnel and equipment to
document and timely respond to Legitimate Complaints. A responsible, experienced
Person shall be present and in charge of the office during all business hours.
Contractor shall use an answering machine or answering service to record
messages when the office is closed.
1303
The Contractor, shall establish a process for receiving and handling emergency calls,
bath during and after normal operating hours. Such process shall be subject to the
Directors 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.
13Z
Upon request of the Director, the Contractor shall prWde adequate space in the
Contractor's office to Douse 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
14A
The Director shall be responsible for receiving all complaints from Customers:
"14.2
Any complaints 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;
0 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 Cuntractor 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 itte Director about the status of each Legitimate I
Complaint within six (6) hours of receiving notice from the Director,
1417
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.
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14Z In all cases, the Contractor shall notify the Director within ithin six (6) hours after the > �
Legitimate Complaint is resolved and shall provide a written summary within one (1)
Day,
IS Customer Dispute Resolution
15.1 " The Director shell investigate all unresolved disputes between the Contractor and a
Customer, including but not limited to disputes concerning the proper interprestation
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 fear a hearing before the Manager_
15.4 if a request is filed, ft Manager shall act upon such request within twenty (20) Days.
The Manager shall provides the parties an opportunity to present their arguments and
evidence concerning the relevant issues. The Manager shall notify the Customer,
they 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 beeping and Reporting
16.1 '_Record K epina
16.1.1 Eguipment Maintenance Lem. Contractor shall keep a maintenance tog for
each vehicle and piece of equipment used for Collection Service. At a
minimum, the log shall show. the identification number for the vahicle or
equipment; the date and description of all routine maintenance activities,
and [tae date and description of all repair activities.
16,1.2 Non-Collection Notice Lc : Contractor shall maintain a log of all occasions
when Non- Collection Notices have been placed. The log shall include: the
elate when the notice was placed, the Customer location, the? Customer type
(i.e., Residential ear Commercial), and the reason for each Non-Collection
Notice.
161.3 Legitimate Complaint Loa. Contractor shall maintain a log of all LegiUmate,
Complaints. The log shall include: the gate and time when the Contractor
was notified by the County, the Customer's location, Customer type: a
description of the complaint', they date and time when the complaint was
resolved, and a description of how the complaint was 'resolved.
16.1 -4 Prociram Reecyciableas Liao. Contractor shall maintain a IN concerning the
Program Recyclable s that the Contractor collects in. the County, The log
shall identify, the amount of Program Recyclables collected each month in
Service District 14 they names and locations of the Recycling Facilities where
the Program Recyclables, , were delivered, and the amounts that were
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delivered to each Recycling Facility. This information shall be reported
separately for each type of Recyclable Material. The Contractor's log shall
clearly explain haw the Contractor estimated the amount of Recyclable
Material in any instance where weight records are not available.
161.6
White Goods Loa. Contractor shall maintain a log concerning the White
Goods collected by the Contractor. The log smell identify; the date of
Collection; the Customer's location; and the number and types of White
Goods collected.
16.1.6
Tire Collection Loo. Contractor shall 'maintain a log concerning the Tires
collected by the Contractor under this Agreement. The log shall identify.
the date of Collection; the Customers location; and the number of Tires
collected.
16.1.7
Hulk Waste Lou. Contractor shall maintain a log concerning the Bulk Waste
collected by the Contractor under this A reement, 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:.1.6
Electronic Equipment Log.; 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 hags
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 log shall be provided to the Director, upon request. �Mthin one (1)
Day,
16,110
The general format and content of the Contractor's logs shall be subject to
the Director's approval;
16.2 Monthly Reobrt
1621
Contractor shall submit Monthly Reports to the Director within fifteen (15)
calendar days after the end of'eech month:. The form and content of the
reports are subject to the Directors approval.
16.2.2
At a minimum, the Monthly Report shall provide the following information
concerning Residential Customer service:
16.2.2.1 Tonnage collected during the month for each of the following
materials: Solidi Waste; Program Rec yc lahles corrugated cardboard,
and Yard Trash. The tonnages for each material shall he reported
separately far: (a) Customers occupying Multi- Family Residences and
receiving Commercial Collection Service; {b} Customers occupying
Multi - Family Residences and receiving Residential Collection Service;
and (0) all other Residential Customers.
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16.2.2.2 The total number of Customers - served during the month and the
number of: (e) Customers - occupying Multi-Family Residences and
receiving Commercial Collection Service, (b) Customers occupying
Multi- Family Residences and receiving Residential Collection Service;
and (c) ether Residential Customers.,
16.2,2.3 The number of Residential Customers participating in the Recycling
Program.
16.2.24 Number, type, and weight of White Goods and Electronic Equipment
collected during the month.
16.226 Number of Tires collected during the month.
16.2 2.6 Number of Non - Collection Notices issued to Customers during the
x month.
16.2.2.E Number of Missed Collections, and the total number of Legitimate
Complaints, during the month:
16.22.8 The number of Recycling Bins, Recycling Carts, and Roll Carts
provided; to Residential Customers during the month and Agreement
Year.
16.2.3 The Monthly Report shell provide the following information for Commercial
Customer service:
116.2.3.1 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 Tannage r:oilected 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,
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 shelf 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 Retort
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 Custom- service_
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161,3.2.2 An updated list of all vehicles and equipmnt used to provide
Collection Services under this Agreement, including make, type, Year,
license number, and ID number for each.
163.2.3 An updated Collection Plan, including current route reaps 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 ether resoumes the Director
deems accessary 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 skull
include a corrective fiction plan for systemic and chronic problems.
16.12.7 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 Rep arts. Documents and Notifications
s
n
16.4.1 Resldq!AialRe qling Parti ci pation Report. Contractor shall perform a "Set
our 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
R I
ecyciables and Residential Yard Trash no later than. April :15 "" arnd
October 15"', respectively. The Director and the Contractor shall agree on
the format of the reports. The reports shall evaluate the data for each
Collection route, and for all Collection routes combined, These counts shall
be performed under the direction and to the satisfaction of,the Director.
16.4.2 Updates to Safety Plan. Contractor shall continuously update Its safety
plan to reflect any changes in Contractors operations The Contractor shall
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 Pro rty Dam—age, Contractor shall notify the Director of any
accidents involving the Contractors staff, vehicles, or equipment requiring
notification to OSHA or any other Person Hander Applicable taws.
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 sine (6) hours of the accident and a written report shall be provided to
the director within one ( 1 ) Clay of the accident. If any issues are
unresolved at that tune. a subsequent report shall be provided to the
Director within two (2) Days following the ultimate disposition of the case.
The Contractor also .shalt provide the Director with ,copies of any reports or
nofico provided to OSHA or the Department of Transportation, within two
(2) flays after such documents are submitted.
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16.5 General Record Keeping and Reporting ReQuirements �
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
Contractors 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
Contractors rather ' books and records, except for >oonfidential and
proprietary information, concerning the Contractor's services under this
Agreement
16::.4 The Contractor's documents shall be crude 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 (6) years"
following the date when they were prepared, or the termination of this
Agreement, whichever occurs first.
16.6.6 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. �
16.6.6 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.
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 Direr.
From time to time, but not more than twelve (12) times per year, Contractor shall
assist acid /or support the County at local special events (e.g.. Earth Day). Examples
include but are not limited to. casing 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 flours per year.
i7.2 Usage of County Themes and Locios
Upon request, Contractor shall display the County's recycling, waste reduction, and
conservation themes and logos on signs (decal or painted) on designated Collection
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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 pf inforMation with Recycling 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 Progratx, ' wasle 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 Distributign of Promotional and Educational Material
In addition to the staffing requirements in Section 17.1, Contractor shall expend five 1
thousand dollars ($5,00 0) 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 dive the Contractor a minimum of
tour 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 Contractors Service
District. These materials stall be developed and provided by the County to
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 oonceming 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 shell
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 $5,000 per Agreement Year on educational activities, the County
shall consider and include the Contractor's out-of-pocket costs for printing.,
publishing, and mailing educational materials to Customers pursuant to I
Sections 5.3 (during the transition before the Commencement late), 17.1,
17.2, 17.3, and 17.4, above, but shrill not include any costs incurred by the
Contractor pursuant to Section 17.5, below.
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1 7.6 Public Ngtices CqDc@rning Cha in +oll Services
At its expense. the Contractor shall prepare and publish a notice whenever the
Contractors schedule or Collection Days are changed for Residential Customers.
The notice shall be subject to approval by the Director. The notice shell be placed in
the newspaper that has the largest circulation in the County, The notice shall cover
at least one- quarter (114) of a. page in the general section of the newspaper (i.e., not
in the legal or ctassified 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 anti riot more than thirty (30) calendar days prior to the
Contractors mange in service
18 `Changes to Services
98.1 /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 (0)
days to adjust its services accordingly.
188.2 If the County and Contractor fail to reach an agreement regarding the Rate
to be paid following the addition or deletion of any Program Recyclabl,
the County may require the Contractor to participate in mediation as
specked in Section 30 of this Agreements
18.2 Remlin r Facility in Collier County
1 8.2.1 The County may require the Contractor to deliver Recyclable - Materials
collected in Service District 11 to a Recycling f=acility located in Collier
County. The Director small 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
receive any additional tee 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 to Collier County, the County shall reirr►burse 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
11 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
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for Solid Waste, Program R. ydables, and Faro! Trash in Seroce District Ii. under
such terms and conditions as the Board deems appropriate:
18.4 Collection and Processing of CommerciaM Or anics
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 It. 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 11, the County
shall give notice to ;the Contractor at least ninety (90) calendar days before
the Pei begins to collect Commercial Organics pursuant to its contract
with the County. In such case, the County shall reirriburse the Contractor
for the lost profits the Contractor would have earned under this Agreement.
from the Collection of Commercial Organics in Service District 11 during the
remaining portion of the terns of this Agreement prior to any renewals of the
Agreement, out only if and only to the extent that: (e) the County's
Collection 'or 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;
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
here percent (5 %),, (0) convert the value identified in subsection (b) into tans,
and (d) multiply the Contractor's not 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.
L.P =NRPTx ETxT
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Where LP is the amount of the Contracloes 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) remairiing under the Agreements.
18.5 Count
y`s Right to Ie+auire Recycling Carts
The County shall have the right to require the Contractor to use Recycling Carts for
the Collection of Program Recyclables in Service District 11, subject to the conditions
contained in this Section 18.5. If the County exercises this right, the County shall
provide the Recycling Garin to the Contractor and the Contractor shall deliver the
Recycling Carts to its Residential Customers. The County shall give notice to the
Contractor at least ninety (90) calendar clays before the County requires the
Contractor to begin using Recycling Carts. If the Board notifies the Contractor by
,duly 1, 2005 that the County wishes to implement the use of Recycling Carts on
October 1. 2005, the Contractor shall provide its Collection Services with Recycling
Carts at an annual Rate of $92.23. The Contractor's Rate shall be negotiated if the
Board elects to use Recycling Carts at a later date..
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 Irm akalee
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 projectsai.
Collection Service for each community clean-up shall include: up to four (4)
sites; a minimum of two (2) roll -cuff 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) throes. The County shall pay the Tipping Pee for the disposal of
materials collected during the community clean -ups,
191.2 Provide Curbside Collection for up to four thousand (4,0 00) thirty -two (32),
gallon bags of Solid Waste, and up to four hundred (400) thirty -two (32)
gallon crags of Program Recyclables. collected annually during Keep Collier
County Beautiful gents or similar clean -ups. The County shall pay the
Tipping Fee for the disposal or processing of the Collected materials.
19.2.3 Transport ( "backhaul") the County's compost to County parks. The County
and the Contractor; shall agree on the -schedule of.delivering the compost.
The Contractor shall haul at least twenty-four (24) Loads of Compost per
year.'
19.3 Pilot Studies
During the term of this Agreement, the County will likely conduct pilot - studles to
evaluate ;strategies that may increase recycling, waste reduction, Collection
efficiency.. or reduce the County's costs. Contractor shall cooperate with the County ^
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in conducting such pint studies, and shall enter into goad with negotiations with the
County if additional services are necessary from the Contractor to carry out the pilot
studies.
19.4 Electronic Equipment ,
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:
19.41 The Contractor shall collect Electronic Equipment that is Set out at
Curbside by the Contr'actor's Residential Customers and Commercial
Customers. The Contractor shall transport the Electronic Equipment to an
appropriate Recycling Facility for processing.
19.4.2 The Contractor shall place a container at the Contractor's office for the
Collection of Electronic Equipment. The Contractor shall emptyr, the
container, as necessary, and shall transport the Electronic Equipment to an
appropriate Recycling Facility for ;processing and recycling.
191.4.3 The County shall reimburse the Contractor for the cost of processing the
Electronic Equipment collected in Service District - II. The County shall be
tilted 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 oast 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 Contractors s services for Electronic-
Equipment at any time, in the Director's sale discretion, The Director may
expand the scope of the Contractor's services, on terms that arc mutually
sex.-eptaoble- 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 Equipirient
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
from the County's Designated Site within three i3 Days after receiving the
Director's notice,
19.4,7 The Contractor shall pay all -costs assorted with the transportation of the
Electronic Equipment to a recycling Facility, provided that the Recycling
Facility is looted within two Hundred 200 miles of the County, The
County shall reimburse the Contra ctor for the incremental fuel costs
incurred by the Contractor it the Director instructs the Contractor to use a
Recycling Facility located more than 200 moires from the County, and if the
incremental fuel casts are reasonable and appropriately documented.
19A8 At all times, the Contractor shall handle Electronic Equipment carefully to
.� minimize' breakage and damage. The Contractor shall collect all Electronic
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l
Equipment manually'. Homer, the Contractor shall not be responsible' for
manually collecting ; Electronic Equipment that has been placed in a
Commercial Container by a Person other than the Contractor.
19.5 School Recycling Proorarri
The Contractor shall place a Commercial Recycling Container at each school in
:service District 11 for the Collection of Program Recyclables.
20 Emergency Situations and Disaster .debris
20.1 Use of Contractor Services
If excessive amounts of Disaster Debris accumulate because of a hurricane, tropical
storm, freeze, or other natural or manmade- disaster, the Courtly, 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 25.2 of this Agreement, Nothing herein shall require the County to utilize the
services of Contractor, or prevent the County from hiring other pares 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 Schedules
In the event of a hurricane, major storm, or other natural or ran -made disaster, the
Director may grant Contractor a variance from the Contractces 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 routed 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 Continuenenc, v Elan
Contractor small 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 Plait shall be submitted to the Direcleor by August 1, 2005.
Thereafter, the Contingency Plan shall be updated and resubmitted to the Director
with the Contractors annual report ,pursuant to Section 16.3, and within two 12) Days
whenever the plan is revised by the Contractor,
20.4 Erne ngy Mana' erment/Disaster Meetrn s
Corttractor shall attend the County's emergency management/disaster preparedness
meetings, and shall provide the County with arty 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:
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'`. 21 Insurance
21.1; Rectuirements for Insurances Carriers
Contractor stall procure and maintain the following types of Insurance coverage at
all times during the terra of this AgreernenL The palms of insurance shall be written
on forms acceptable to the County, and shall be 'places with an insurance carrier that
is approved and licensed by the Insurance Department of the State of Florida and
acceptable to the Director. tor. The insurance cagier small have a minimum financial'
rating by the A.M. Best & Company of no less than '"Excellent ", with � rrtiriirrrum Blass
s of "I�If "_
21.2 Workers Compensation In urartce
Contractor shall provide workers compertsation insurance, on behaff of all employeas
who provide s 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
2121 $1,000,000 per employee per accident
21.2.2 $5170.000 disease aggregate
21.2.3 $500,000 employee per dime
21.3 Commercial General Liabilit1r
Contractor shall provide commercial general liability insurance including, but not
limited to, bodily .injurgr, property rampage, 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 Auto obile Liability
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 $1f?yOoo,000.)
21.5 lrr►I}rella Liabillt�t
Contractor shall provide umbrella liability insurance with limits of not less than
$10,000,000 per occurrence, covering afl work performed' under this Agreement
21.6 Hazardous Waste Insuranc e
If regulated quantities of Hazardous Waste are 'irfenttfted while carrying out this
Agreement, no further work is to be perfronT*d 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 Uability, For sudden and gradual occurrences, in an
amount , no less than $5,100,000 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 cinder this
Agreement.
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21.E rio Astaestos Liability. For sudden and gradual occurrences, and in n amount
less than `$1,000,000 per claim and $1 .000,000 in the aggregate, arising
out of work perfcrrned under this Agreement.
21.6.3 Hazardmts Waste Disbosal. 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 $6.000.000 In the aggregate, and shall include
liability for non- Sudden occurrences in an arnount not less than
10,000,000 per claim and $10,000,000 in the aggregate-
21.6A Hazardous Waste Transportation. When applicable, the Contractor shall
designate the hauler and furnish :a certificate of insurances from the hauler
for automobile liability insurance with Endorsement MCA for liability
arising out of the transportation of Hazardous Waste, with an amount not
Bess than $1,000,000 annual aggregate, and ;provide a valid EPA
identification number,
21.5.5 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 insurances ftetuirements
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 nacre Collier County, its
commissioners, offrcers. agents, employees, and volunteers as additional insureds. �
Insurer(s), ' except oAth regard to the workers compensation coverage, shall waive' all
rights of subrogation against Collier County, Its commissioners, officers, agents,
employees and volunteers;
21.5 All of the insurance requirements imposed' can the Contractor in this Agreement also
shall be applicable to the Contractcaa's subcontractors under this Agreement. The
Contractor shall be held responsible for any deficiencies. deviations, or ornissions in
any subcontractor's insurance.
21.8 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.
21.9.2 Be endorsed to state that coverage shall not be madded, suspended,
voided, or canceled until 30 calendar clays after written notice by certified
mail, return receipt requested, has been given to Collier County's Risk
Management Department,
21.10 The County shall Main 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) bays,
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
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21.12 Contractor Shall be sdely 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 rather 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 are
extended reporting permed Caption or automatic coverage of not less than two years. if
provided an option, the Contractor agrees to purchase the extended reporting perm
on cancellation or termination, unless a new policy is affected with a retroactive state,
including at least.: the last policy year,
21.14 Certificates of Insurance evidencing Claims Made or Occurrence farm overage and
conditions to the Contractor, as well as the County's contract number and description
of work, are to be fumished to the Director prior to September 1, 2005, and within
thirty (30) calendar days of expiration of the insurance contract, when applicable.. All
insurances certificates shall be received acrd 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) anti . blotice of Claims associated with work being
performed under this Agreement, small 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) pays..
n 21.16 At the end of the initial Term and eac h 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 tinder 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 Wth a Performance Baird or other financial
instrument ensuring the faithful_ performance of this Agreement The bond' shall be
provided no later than September 15, 2005. The Performance Bored 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 Perforrnance
Mond' 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 terra of the Performance grand shall be no less than one year, beginning
on the Commencement pate. Contractor' shall famish 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 state of the Performance Bond their in effect.
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22.2 The Performance Bond shalt be issued by one and only one surety, which shall be a
surety company ,authorized to do busing 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 (t1.S.C. 513). Acceptable surety companies shall be
licensed to do business in Florida and shall have an A.M. Best rating of "Ar or better
and a wr Underwriting Urnitation, which its not exceeded by this project's
Performance Bond.
22.3 The form of the proposed Pertormance 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 shalt be grounds for the County to
declare a default of this Agreement. In such cases, the Board may terminate this
A�greernent 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;
3
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.
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.
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25 Payment for services artd Administrafive Fees
25:1 Prohibiiions on Payments
Neither the Contractor near its agents, subcontractors, employees or other
representatives shell 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 Obligation to Pay for Residential ollection Services
Thy: County shall be responsible for billing and collecting the fees that roust be paid
by the County's residents for Residential Collection Service. to 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
c0118cling 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
n liquidated damages assessed against the Contractor.. Payment shall be seat to the.
Contractor within the first twenty (20) Days of the month.
25.4 Addinot New Residential Custorners
If a new Residential Customer is added to the Customer List; the County shall pay
the Contractor :fear its services to the new Customer, subject to the to lloawing
conditions, If the Contractors 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.
25.5 emovinc Residential Customers
It 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
notes 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 { veroayrrients and Undercaavrri, eats far Residential Service
If the Contractor provides service to a Person that is riot included in the Customer
List _ provided by the County:, the Contractor shall provider the Director with
�-. appropriate information, ` in the format required by the Director, concerning the
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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 Contract -or in error, for'
whatever ream, the Contractor shell 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' to responsible for the billing and collection of Fates 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 Billings 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 Agreernerrt {including Rates} to
reflect sucks a change...
i
25.E Administrative Fees
To compensate the County for the cost of administration, supervision and inspection
required for the affective 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, phis three percent (3 %) of all grass revenues
collected from Oornmercial 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.
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
made from time to time by the Director, after providing notice to Contractor.
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n 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 1(A) and 'I(B) of this Agreement.
26. "1.2 Contractor shall utilize the Rates in Exhibits I and 11 of this Agreement when
billing its Customers.
26.13 Contractor is authorized to charge interest at the rate set by Florida
Statutes, on any delinquent Commercial Customer account.
2£: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 Cornmercial 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(S),
26.2 S2ecial Rater for Erxreroerac~�r Situations and Disaster far Debri
If the Director makes a determination that an eriiergency 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 $125X0, The current four -year
monthly averages are provided in Exhibit 11'11, 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 !Taste collected during that month, the County
shall pay Elie Contractor a per -hour rate for each hour needed to collect
Solid Waste in excess' of 100 percent of the average. The hourly rater for a
FEMA event is $140.00, the hourly rate for a Non -FEMA event is 5125.00-
The monthly averages for 2002-2003 arc:- provided in Exhibit V1I- The most
recent four year averages will be determined on the Commencement Cate
and recalculated annually thereafter.
26.2,3 If the County directs the Contractor to utilize roll -cuff containers for Co>llecoon
of Disaster Debns, the County shall pray the Contractor per hour for
placement and Collection of each roll -off container. They per hour charge
for a FEMA event is $115.00, the per hour charge for -a nonFEtv1A event is
$140.00, Tipping Fees will be paid by the County.
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26.2.4
At its option,- the County may pay the Contractor $11.50 per cubic yard for
the Collection of Yard Trash. instead of the amounts authorized in Section
26.2.1, above. This fee shall be adjusted pursuant to Section 27.1 to reflect
changes in the Consumer Price Index
i
i
27 Hate Adjustment
27.1 Annual CPI Adiustments to Col lec tion Rates
27.1.1
The Collection portion of the Residential Customer Rates and the Collection
«rportion of the Commercial Customer Rates (e.g., front-toad, compactor, and
roll -off Rates) shall be adjusted on October fig' of each year, beginning in
the second Agreement Year, as described below.
27,1.2
The Date 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 any one year. The
formula in Exhibit It shall be used to calculate the Rate for the upcoming
Agreement Year.
27 1.'3
The CPI shall be the lesser of the United Stater 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 endin on the April
30th that precedes each new Agreement Fear, If the CPI is discontinued or
substantially altered', the County may select another relevant parry index
published by the United States Government or by a reputable publisher of
financial and economic indices, �
27.1.4
Exhibit 11 contains sample calculations that illustrate how the Collection
Rates will be adjusted, based on the GPI.
27.1.5
The fees set forth in Exhibit t(B) for Supplemental Services shall be
adjusted annually to account for changes in the CPL These CPI
adjustments skull 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 Dates for Commercial Customers shall be adjusted, in the
manner shown in Exhibit Il, whenever the Tipping t=ee at the Maples Landfill
is adjusted.
272.2
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 Maples Landfill.
2T2.3
Exhibit 11 contains sample calculations that illustrate how the disposal bates
will be adjusted, based on changes in the Tipping Fee.
27.3 Chan as Imposed by Law
273.1
If a change in law will directly affect the Contractor's cast of providing its
services under this Agreement, the Contractor may prepare a schedule of �-•
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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 late 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
Beard at a regular meeting. Adjustments to the Rates, if arty, shall become
effective upon the date designated by the Bard.
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,
27.3 1�xtraordinar)r Rate Adiustrnent
27:4.1 Once each Agreement Year, the Contractor may petition the Beard for a
:Rate adjustment on the basis of extraordinary or unusual changes in the
lost 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 casts dare to
factors beyond the Contractor's control. which have occurred through no
fault or negligence of the Contractor. The - audited statement shall be
n 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 (0) days: after the Director receives all of the Information needed to
evaluate the Contractor's proposal The Board's decision shall be final and
on- 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',
Every twelve (12) months after a request is granted, the Director shall have
the right to request. the Contractor shall prepare promptly upon
request, an updated audit and explanation of whether the extraordinary
Bate increase should remain an effect.
27.5 late 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 redaction in the Tipping 'Fee, or
extraordinary event warrants a reduction in the Contractor's rtes,
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28 Uquidated Damages �
2&1 Basis for Liquidated Damages
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 clue to these 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 cyan 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 $10
fee. If the Contractor fails to meet the deadlines contained in this j
Agreement, each additional Day of delay after the initial violation shall ,result;
in the imposition of an additional $254 assessment,
28A.3 Failure or neglect to correct chronic problems (chronic shall mean three (3)
or more Legitimate Complaints at the saute Premises within a twelve (12)
month period), shall result in the imposition of a $250 assessment The first �
assessment shall be unposed 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 can a route (including missing
whole or partial streets) on the regularly scheduled Collection Quays within
the deadlines set forth herein, shall result in the imposition of a
$500 /streettDay 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, shalt resutt` in the imposition of a $1,000 assessment
per occurrence.
28.1.6 [Mixing Commercial and Residential Garbage, Rubbish or 'hard Taste
during Collection, without prior written approval from the [director, shall
result in the imposition of a $1,000 assessment for each occurrence,
2-8.1.7 Failure to maintain e Collection vehicle or equipment` in a clears 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 rr oang has been granted by
the Director, shall result in the imposition of a $1,000 assessment for each
occurrence.
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r-� 28.1.9 Failure to resolve Legitimate Complaints, other than flossed Collections,
within seven (7) lays 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;,
28.1A0 Failure to timely file any report or document required herein shall resat in
the imposition of °a $100 assessment for each flay that each report or
document is late
28.1,11 failure to dispose of Residential waste or Commercial Waste collected in
the Coh"ctoras Service ' District at a ''Designated Site shall result in the
imposition of liquidated damages equal to the current tip tee 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 (chromic shalt
mean three () 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, Comrnercial I
Contariners and /or ball Carts within five (b ) Days, of receiving notice from i
the Director, small result in the imposition of a $100 assessment for each
container not property labeled.
28,1.14 If the Contractor fails to Comply With any Provision of this Agr-eernent, for
which liquidated damages heave not been specified ire this Section 281, the
County may impose a $2003 assessment per occurrence per day,
28.1.1 b Failure to have a vehicle operator properly licensed, or failure of the
operator to carry his license while on dray, shall result in a $100
assessment per occurrence per day.
28.1_.18 Failure to maintain office hours in the moaner specified in this Agreement
shall result in a $100 assessment per occurrence per day,
28.1,'!7 Failure to replace or repair a damaged container as specified in this
Agreement shall result in a $25 :assessment per incident per loctati ri.
28.1,18 Failure to service a Legitimate Complaint within the specified time frame
Beall result in a' $50 assessment per incident per day,
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.
28.1.213 Collections outside of the hours specified in this Agreement, without prier
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 $16 assessment per incident:
28.1.22 Blocking driveways With containers or Recycling Biers shall result in the
imposition of a $25 assessment per incident. per clay,
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28.1.23 Failure to provide timely promotional, educational materials and/or n
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.
I
28:2 procedure for Assessing Liquidated ?arnag.es
28,2.1 Based upon an investigation, the Director small determine: ; whether
liquidated damages shall be assessed against the Contractor. The
Contractor shall not be required to pay liquidated damages in these +asp I
where the delay or failure in the Contractors 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 Directoes letter, Contractor shall have ten (10) Days to
rile a written letter of protest With the Director.
28.2.4 If a protest is timely tiled, the matter shall be referred to the Manager 'far
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 tern
(10) Days to file: a written partition with the Director for a hearing before. the
BoarcL `, 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 this 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 sh�aill,
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.
29 Events of Termination
29.1' Failure to Fulfill Obligations of Acreement
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.
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291 < 1.3 !'ailing to properly and timely perform work as instructed by the
Director or as provided in this Agreement.
29.1.1.4 Willful delay in Ming repot and audits
29.1 <1.5 Perforating the work unsuitably or neglecting or refusing to correct
such work as may be rejected as unacceptable, unsuitable car
otherwise nonconforming or defective,
291.1,6 Discontinuing opeations without authorizatlont 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 Lava.
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 slims 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.
291.2 When any of the above reasons exist, the Manager may terminate this
Agreement, without prejudice to any ether rights or remedies of the County,
n after giving the Contractor and the Contractors surety, if any, written notice
that the Contractor has seven (7) lays to cure the default. Contractor may
be granted an extension of thine to cure this default if it Is not reasonably
possible to amply vWftn seven (7) Days.
29.1.3 if the Contractor fails to cure the default vein seven (7) Days and the
Agreement is terrx►inated for failure to provide satisfactory Performance, the
Contactor shall be entitted to receive compensation for all reasonable and
allocable' services than were satisfactorily performed by the Contractor up to
the date of termination. if the County terminates this Agreement because
of the Co ntraCtor "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
291.1 Except where otherwise specifically provided, the measure of damages
be paid by the Contractor to the County due to any failure by the Contractor
to sweet any of its obligations under this Agreement _shall be the actual
damages incurred by the County.
29.1.5 If the County terminates this Agreement because of a default by than
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.
29A x' if lire Contactor 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;
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notice shall state the evidence a 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 lnsolvency 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 takers 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) lays after giving notice to
the Contractor of its intent.
29.3 Repeat Violations of Agreement'
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 prier 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) Gays after the notice is
delivered. Ail fees due to the Contractor hereunder, plus any and all charges and
interest, shall be payable to the date of terrraanation, 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,
29A 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
Band, as necessary to obtain Collection Services from another Person. The
Contractor shall reimburse the County for all direct and indirect coasts the County
incurs while obtaining interim Collection Service.
30 Dispute Resolution Process
30.1 The County and Contractor agree to cooperate and act in goad faith at all times
when dealing with each cattier. If ai dispute arises between the parties, the parties
shall attempt to resolve their differences quiddy and informally. If they are unable to
do scan they shall seek relies' by following the procedures in Section 30.8, below, or 'by
initiating a non - binding mediation process, pursuant to Section 30.2 below.
30.E 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
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ANY ADJUDICATIVE ACTION OR PROCEEDING, AT LAW OR IN EQUITY,
UNLESS IT SHALL BE UNREASONABLE TO DO SC 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 media ion. Both parties
shall pair equally For the services of the mediator. The mediation shall take place in
Collier County, Florida.,
3t7,1 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 soli:
discretion, to proceed directly with litigation of any claims or disputes relating to Ole
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 tederal court concerning this
t Agreement shall be heard by a judge, sitting without a jury.
30.6 THE COUNTY AND THE CONTRACTOR HEREBY KNOWINGLY, VOLUNTARILY,
ILY,
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 ii 9ation concerning this Agreement. the prevailing party shall recover its
costs and reasonable attorneys fees from the nail- prevailing party. including the fees
and costs incurred in any bial, 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 durinrq
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
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.
n
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31 Operations During a Dispute
l� 9 ,
If a dispute anises between the County, the Contractor, or any ether 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 Notic4s and Communications to Director and District Manager
All notices, requests, authorizations, approvals, protests, petitions, and payments provided
for herein shall to in writing. Such documents shall be either (a) hand delivered, (b) mailed
by registered or certified mail (postage prepaid'), return receipt requested, or (c) seat by
telecopy, and addressed as shown below. The documents shall be deemed to have been
duly delivered when personally delivered, or when transmitted by telec pier and receipt is
confirmed by Wephone, 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 T'amiami Trail
Maples, Florida 34112
If to the Contractor (District Manager):
I rno atee Disposal Company, Inc
Attention: District Manager
120 Jefferson Avenue West
Irmnckalee. Florida 34142
Bath 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:
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n 34 Permits and Licenses
Contractor, at its sale cost and expense, shall obtain and maintain throughout tine term of
this Agreement all permits, licenses and approvals necessary Or required for Contractor to
Perform the work and services described herein.
5 Compliance with Laws and Regulations
Contractor agrees that, in the performance of its work and services under this Agreement,
Contractor shall eualify under and at all times comply with all applicable Laws now in effect
and hereafter enacted daring 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 aP lic:ant 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, refigiun, sex, age or national origin. This provision shall include, b Inert lae
firnit l to, the fallowing: employment upgrading, demotion or transfer; recruitment I
advertising; layoff or termination; rates of Pay or outer forms of compensation, and - sefectic�n
for training, including apprenticeships. Contrac t r 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
n least thirty ( 30) calendar nays before the Commencement mate.
37 Indemnification and bold Harmless
The Contractor hereby covenants and agree, 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 connec ion therewith which may be
made or asserted by the Contractor, the Contractor's employee or agents, or any third
parties (including but not limited to the County) on account of personal injury, death, I
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
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 Cuunsel 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 prope, due to a
release, or improper handling by Contractor of Haz„ardousyWaste, Biomedical Waste,
Biological Waste, infectious wash Of Sludge, regardless of the merits of the clairri. Only
those Matters which are determined by a finial', noneppealable 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
,.� deity to indemnify the County, but only to the extent of negligence of the County or such third
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party. For the purpose of this Semen 37, the term "County"' shall be deemed to include the
County Commissioners and the Countys aged, employees and affiliates. For purposes of
this indemnification, "claims" shall mean and include all obligations, actual and
consequential damages, and casts 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 Mull force and effect
subsequent to and notwithstanding the expiration or termination of this Agreement.
38 Employee' was.
'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 aCtiMS
39 Severabitity
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.
n
40 Force Majeure
40.1 Inability 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 majoure, such inability or delay shall be
excused at any time during which compliance is prevented by such event ;arid 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:
40.2 Events of Force Majeure
An event of 'force maieure" 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.
40.21 An Act' of God, tomado, hurricane, flood, fire, explosion (except those
caused by negligence of Contractor, its agents, and assign). 'landslide,
earthquake, epidermic:, 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.
40,23 Suspension, termination' or interruption of utilities necessary to the
Contractor's operation or duties under this Agreement.
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-1 _, — m'k# PF MIR;" rs aeierrxrrned by mutual agreement of
the County and the Contractor to be of the. same general type as the events
of force rrtajeure Identified d in the preceding Paragraphs.
40-Z5 tabor disputes, taper shortages, changing economic conditions, and the
economic hardship of the Contractor :shalt not be - considered an event of
force majeure.
41.3 UVrttten Notification
To be entided to they benefit of this Section 40 a
majeure shall give prompt written notice to the other party da ruing an event of tome
th
event of farce rnajeure, and dtli en party, specifying in detail the
force majeure. The parties agree that, a to this Section 4C), ime is�of hefessence�Y
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 legat actions necessary to enforce this Agreement shall be held and maintained stalely 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 mollified. altered, changed or amended in any respeet
unless in writing and signed by the Parties hereto
42.1 Coup# t Pt wer to h9adi {
The Board shall have the power to matte changes in this Agreement relative to the
scope and methods of providing Collection Services, when the Board deems it
necessary and desirable for the publics welfare- The Director shall give the
Contractor notice of any proposed change and an opportunity
concerning any relevant matters. The County and Contrctor agree tto enterinto
good faith negotiations to modify this Agreement and the Rates, as necessary, The
scope and method of providing Collection Services, as referenced herein, shaft be
liberally construed to include, but not limited to the manner, procedures, operation
and obligations, financial or otherwise, of the Contractor.
;4.�' Cha+noes in Law
The County and the Contractor understand and agree that changes in the Applicable
Craws may require changes or modifications in Some of the conditions or obligations
of this Agre P.Ment, In the event any future change in any Applicable Law materially
alters the obligations of the Contractor or the County, then the provisions and Fates
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 (fie public welfare or
dire to a change in law.
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43 Independent Contractor �
When performing the activities required by this }Agreement, the Contractor will be acting in
the capacity of an independent contractor r 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
predicted 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 bp
considered in any interpretation of this Agreement
46 Survivability_
Any terra. 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
relianoe, on or engaging in any collusion, bribery or fraud, that all of the Contractor's
representations it this Agreement are made fairly and in good faith, and that no County
Commission member, County officers 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
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 Nana 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 firma, 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 declare and warrants that the
Contractor is not subject to the restrictions in Sections 2€37,133 and 287.134, Florida
Statutes. for a public: entity crime.
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48 Sovereign immunity
Nothing in this Agreement shall be interpreted or construed to mean that the Courtly waives
its common law sovereign immunity or the limits an liability set forth in 768.28, Florida
Statutes.
48 Construction of Agreement
Beall 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 "l~ortius 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, bards 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 sword "shall" is always mandatory
and not merely discretionary.
1 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 Khali 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
ether 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
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 exisbnq 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,
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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 saute. and Ilu MOKALEE DISPOSAL
COMPANY, INC., by and through
its President, duly authorized to execute same.
DATED:,,
BOARD OF COUNTY COMMISSIONERS OF
ATTEST:
COLUER COUNTY, FLORIDA
DWIGHT E BROCI < --Cle' #' :
8y?
? Deputy ut Clerk
Fred W. Coyle, Chat
u r�. to chair"n`
yqas
Approve as to form and
Robert M Zachar y
Assistant County Attorney
.i
IMMOKALEE DISPOSAL COMPANY, INC.
Signature
a Florida corporation
Printed/Typed Name
.
� F
St nature
g
Signature
at�$'�ES ,-��:i E idi "'i
� e "� �c�° �✓"^4Ar` N L+° �f 6 T„` iii Os
_..
Printed/Typed Name
PrintedlTyped Name
1
Printed/Typed Title
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12/11 /2012 Item 16.E.11. `
EXHIBIT I(A)
RATES FOR
RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE
Annual Residential Collection Service Rate (effective October 1
2005) = $82.38
Rates for Commercial Collection Service*
BULK CONTAINER RATES
SERVICE YEAR I oji/04.9130105
SIZE OF
FREQUENCY
EXTFtA.. '
CONTAINER
(COLLECTIONS RATES
CONTAINER
(CUBIC YARDS)
PER WEEK ($ PER MONTH)
SERVICE
I
$6031
2
$1.2
2,
3 $
$21.36
2
180.88
5
PER PICK-UP
$ 207A7
2
6 S227.78
$:
4
$ 174.20
Ili
4
d $ 3'14:83
PER PICK-UP
4
5 $ 375.13
4
6 $ 428,73
1 $ 167.48
247;8
I'
3 $32154
$64.01
6
4 $388-53
PER PICK -UP
44Sa3
6 $ X32:39
"Commercial Rates shall be established annually pursuant to Collier County Ordinance No. 84-31
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EXHIBIT I(B)
RATES FOR SUPPLEMENTAL RESIDENTIAL AND COMMERCIAL COLLECTION SERVICE
Service
Rates for Service
Residential Curbstdo Customers
s
to Vterd s mc for nary- handica
60 per unitlyear
Extra spick -up e?r�rt
S51% (lu a fir b bulk ieertY (trr#aite mss}
li
0r€fhwrclAl Customers
Le
Extm pirk -up service
as ii7uthe colft0on service in Exhibid i(A)
Unlocking & locking gets
610 par rnanth
Exchanging container for a different x0e it more than 2 times a year
35�per occutrance
L k. bar setup
10 per month
R "cement ibr damaged bar,
50 leer bar
Lock for cwAaitmrs
$10 par tack
Pte sure washing containem
#40 per container
Pressure washing anti -aft compactor
vu) per contauner n
Re- locating customer owned containers
25 tmt occurrence
aint€ na ce of customer owned containers
$50 M ttour Plus. x all Paris Q tmst
Collection of balk Items and white goods
$40 first item, $5 each Hari t mal item
Ple- Instat trrtentfee .e., returning mntainer(s) afterservice swpp l)
7
"Supplemental Calls ction Service Rates are subtec t.to annual al CI't adjusftnent
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EXHIBIT 11
PROCEDURE FOR CALCULATING ADJUSTMENTS TO
RESIDENTIAL AND COMMERCIAL RATES
Collier County shall calculate the residential and cOmnlerCial Collection and disposal Rates,
based on the following formulae:
A. Residential Rates
-I- 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 GPI [see description for CPt
in Section 271 + current Rate per household
•ywtift!tical E � e
New Rate for single family residential Customers $1(3c1 X (70%
of 2,2851%) + $1.00.0() = $101.59
B. Commercial Rates
1. Effealve October 1,_2005, the Commercial Collection Rate [See Exhibit I (A)] shall be
adjusted to renect 100% of the change in the CPI, pursuant to the provisions of the
County's Solid Waste Collection Service Agreement (dated September 11. 1990), as
amendad 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
H
Ypothetical Example
4 yard container collected <twice per week = $140.00 X (100% of
2.2851%) + $140.00 = $143.20
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12/11/2012 Item 16.E.11.
2. Adjustments to Commercial Collection Rate after first Agreement Year
New Rate per container per frequency of Collection
Current Fate per :container per frequency of Collection X 70% Of
CP1 [see description for CPl in Section 27] + current Rate per
container per frequency of Collection
L!y thetical Example
1
4 yard container collected twice per week = $150.00 X 70% of
2.2851%) + 150.00 = $152.40
3. Commercial Utsposal Rate [To be established annually pursuant to Collier County
Ordinance No, 84-31] �
4, Conversion Factors
(a) Uncompacted Garbage arW Rubbish. 0.055 tons per cubic yard or 1
cubic yard = 110 lbs.,
(b) Compacted Garbage and Rubbish: 0.1725 tans per cubic yard or
1 cubic yard = 345 lbs.
(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
frequency of Collection per week X 4,33 (i.e., weeks in a month) 3C
new Tipping Fee
Hypoft ical Example
The new monthly disposal :Rate ' for a 4 yard € ontainer
tuncompactedi collected twice per week T 0.055 tons per cubic
yard X 4 cubic yards X 2 collections per week X 4.33 weeks per
month X $35M = ;$66.613
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12/11/2012 Item 16.E.11.
SERVICE AREA LEGAL DESCRIPTION
SO ID' WASTE SERVICE DISTRICT
Beginning at the intersection of the :�iorth line ol'Secti n 6, Township 48 South, ;Range 25 East
also known as the Le;�- Collier county line and the eastern shoreline of the Gulf ofMex co,
tlaenee easterly along said Lee-Collier county line to the northeast comer of Section 12,
Township 48 South, Range 26 East. thence north along the cast ling of Range 6 bast,. T owmh p
48 South to the northwest comer of Section 6, "Township 48 South, Range 22 East, thence cast
along the north line of Sections ta, 5, 4, 31 2 and I of Township 47 South, Range 27 East to the
northwest corner of Section 1, 'I'ownship 48 South, Lange 27 East; thence north along the range
line of Ranges 27 and 28 East to the northwest corner of Section 30, Township 47 South, Mange
213 East, also known as the carter lime ai :mmokalce Road R. 846); thence cut along the north
section litres of Sections 30, 29, 28, 27, 2f? and 25 of Township 47 South, Range 28 East to the
northeast corner of Section 25, Township 47 South.. Range 29 East; thence south along the range
line liar Ranges 28 and 29 East to thc. northeast comer oftownship 49 South and Range 28 East,.
thence east along the township line for Towmships 48 and 49 South to the northea:t corner of
'I'mvnship 49 South and mange 30 East; thence south along the range line for R i es "No and 31
East to the nQrthcast comer of Township 52 South and R angv 30 East; tht ice east along tire.
township lime for Townships 51 and 52 South to (he northeast comer 0' ownship 52 South and
Range 31 East, thence south along the range line for Ranges 31 and 32 East to the northeast
corner of Township i_1 South and Range 31 Last; thence east along the township line of
n
Townships 52 a d 53 South to the northeast comer of Township 53 South and Range 34 East,
also being known as the Collier -Nlia i-Da e county litre: thence south alone said county line to
the sotttlteast eoxnc r rzl' Seetictt 315, Tow hip 53 South,' Ryan e 34 East, also licitt f l� c��arA tc as tlt
Collier - Souroe county line; thence west along said county line to the easternn shoreline of the
t_r"Ifof Mexico; thence westerly and northerly along; the waters of the Gulf ofi exica to the
Lee - Collier county line being the north lime of Section 6. Township 48 South, Range 25''East and
being the Point cif Beginning. less and except all the Ian& located within the corporate limits
of the City of Napless. artd Euergladcs City. Also, less and except those harrier islands as
described in Ordinance No. 0-30, as amended:
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12/11/2012 Item 16.E.11.
EXHIBIT III(B)
SERVICE AREA LEGAL DESCRIPTION
OUD WASTE -SER ICE DISTRICT 11
Beginning at the northwest comer ofTownshi 47 o th, Range ,27 East. Collier County,
Florida.- thence cast along the Collier-Lee unty line also the township line to the northeast
corner of Township 47 South, Range 27 East; thence north _along the Collier-Lue comity line also
the r nine line to they northwest corner of Township 46 South, Range 28 East; thence east along
the Collier-Hendry unty line also the township line for Townships 45 and 46 South to the
uortheast corner of Township 46 South, Range 30 East; thence south along the Collier-Hendry
count} line also the range line of Ranges 30 and 31 Fid to the southeast comer of Township 4
South, Range 30 Wit, thence west along the township'line; for Townships 48 and 49 South to the
southwest cornice of Township 48 South, Range 29 East; thence north along range line for
Ranges 28 and 29 East to the southwest corner of Section 19, Township 47 South, Range 29
East; also being known as the center line ofIrmnol alec Roan (CR 846); thence west along the
south line of ections 24, 23, 22, 2I, 20 and 19 of Township 47 South, Rangc 28 East to the
southeast corner of Section 24, Township 47 South, age 27 Wit; thence south along The range;
line for Rangcs 27 and 2 S.East to the southeast comer of Township 47 South, R.augc 27 East;
thence west along the township line for Townships 47 and 48 South to the southwest corner of
Township 47 South and Ranger 27 FA9; thence north along the range lines for l WV, ;es 26 and 27
bast to the northwest comerof"Towaship 47 South, Range: ?'7 East being the Point ofBe:�ginningg. �
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`EXHIBIT IV
MAP OF SERVICE DISTRICTS 'I AND 11
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12/11/2012 Item 16.E.11.
EXHISIT V(A)
PERFORMANCE BONS
FOR FRANCHISE AGREEMENT
CONTRACTOR (PRINCIPAL)
COMPANY (LEGAL NAME): Irnrr`okatee Disposat company, inc,
PRINCIPAL BUSINESS ADDRESS;
TELEPHONE NUMBER:
a
SURETY
i
COMPANY {LEGAL NAME):
PRINCIPAL BUSINESS ADDRESS (No PO Box ):
TELEPHONE NUMBER
OWNER (OBLIGEE)
NAME: Collier County Berard of County Commissioners
PRINCIPAL BUSINESS ADDRESS 3301 Tamiarrii Trail, Naples. Florida 31112
TELEPHONE NUMBER: (233) 774 -8+097
CONTRACT DETAILS
GATE' EXECUTED:
AMOUNT:
GENERAL DESCRIPTION: Franchise Agreement for Solid Waste, Recyclable Materials. and Yard
Trash Collection Serviced
i
BONG �
BOND NUMBER;
BATE:
AMOUNT:
KNOW ALL MEN BY THESE PRESENTS:
That Prtncipal, 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 identifined above, for the payment whereof Contractor and Surety bind themselves, their
heirs, eXeCutors. administrators, successors and as:949ns, jointly and severally.,
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12/11/2012 Item 16.E.11.
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 tlae mariner
prescribed in the Contract; and
2. pays County all losses, damages, including liquidated damages and damages caused by delays
expenses, casts and attomeys fees including appellate prcGeedings, that County sustains as a result of
default by Contractor under they Contras and
perfortars 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 tae, in default under the Contract, and
County having performed County "s obligations thereunder, the Surety may promptly remedy the default,
or shall promptly
1. emplete the Contract in accordance with its terms and conditions; or
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 biddcr, arrange for a contract
between such Bidder and County, and make available as worts 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 ether
than the County warned herein.
The surely hereby waives notice of, and agrees that any changes its 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 t`ACT
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12/11/2012 Item 16.E.11.
EX14113rr V(B) .
_i
PROCEDURE FOR CALCULAJJNG PERFORMANCE BOND REQUIREMENT
1, The annual Perlorrnance Bond due to the County from the Contractor is calculated s:
One half the annual value of the Residential Collection Service
authodz+ed under the Agreement = Performance Sand Require
2 Sample Calculation of the Performance Barer# requirement
Hypothetical '1�a Year Annual Residential Collection Service Cost $6,500.000
Times 50% X o%
Annual Performance Band Requirement = $3,250,000
I
I
i
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12/11/2012 Item 16.E.11.
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 fieyclble
containers.
Glass
Clear (flint), brown (amber) and green fetid and beverage jars and battles. Paper labels on glass I
containers are acceptable._ Metal lids should be removed and included.
PET Plastics (SPI code Idea. 1)
Examples include but are not limited to: Plastic soft drink., grater, sports drink, beer, mouthwash,
catsup and salad dressing bottles, Peanut butter, pickle, jelly and jam jars, Ovenable Prepared
food trays,
HDPE Plastics'(SPl code No. 2}
I
10 � 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. folder coil Mottles are
not acceptable.
V Plastics (SPI code ` o. 3
Examples include but are not limited to: PVC products such as clear food and norm -fond
LDPE Plastics (SPI code No. 44)
Examples include but are not limited to: Ivry cleaning, bread and frozen fond hags, squeezable
bottles (e.g., homey, mustard).,
PP Plastics (SPI code No. 5)
Examples include but are not limited to Catsup bottles, yogurt; containers, margarine tubs, and
medicine bottles,
P5 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, craps, plates, and cutlery.,
Other Plastics (5Pl Code No. fi)
Examples include but are not limited to: Three and five gallon reusable water 'bottles, some
citrus juice and catsup battles.
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12/11/2012 Item 16.E.11.
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 Repyclables
Paper RecyclaEbles
Paper Rec yyclables consist of the following materials, commingled together, except aged, l
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 filet by >3 feet Maples and tape with water-soluble glues do not
have to be removed Wax -meted corrugated cardboard is not acceptable.
i
Paper lags
All loose or bagged paper sacks. May be used to hole mixed paper.
ChipboardfF ber'boarcifPaiperboard
All product packaging materials. such as cereal boxes, packaged food boxes, shoe boxes, and
small manufactured item: packaging,
Telephone Books
Gild telephone directories. ^
MagazJner.
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 foliovAng: junk rail, high -
grade paper; whitey and colored ledger; copier paper: office parer; laser punter 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 farms; mi cro paper:
notes pad paper (no backing); lose leaf fillers; stationery:.; writing paper; paper envelopes;
rbonless (NCR) paper; tabulating cards, facsimile paper, and manila folders.
Paper with metallic, carton, ammonia or non - soluble glut: is not acceptable.
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12/11/2012 Item 16.E.11.
EXIT
MONTHLY RESIDENTIAL COLLECTION TONNAGE
Provided below are the average tcwtages per nionth of residential solid waste, yard
waste, tires, and -white goods collected in Bernice D stTict 1 and �ervice District: Tt.
Tonnages are an average of 4 fiscal; years (FY2000/01, 2001/02, 2002AR and
2003104.
Service District 1
Month Solid Waste Yard Trash Tires Each White Goods
Tonnage Tonnage Tannage
October 5. 05 � 941 274 108
November �a*959 868 217 108
.v .v
December 7,541 617 272 107
January 8,052 799 289 125
February 7,050 758 290 119
I March 7,930 9652 4151 1
Apol 7 731
1,070 39� 136
May 7,6121 1,015 351 _ 119
,dune
7, 069 894 .a.. 323 110
July 7,328 95th 353 1
August 7,353 1,078 235 115
September 6,953 1,439 24.1 109
n,W
ai..
yard Trash � Tires' Each White Goods
Itctrt � Sand Waste �
Tannage Tannage Tonnage
October 578 371 350 26
November 5801 26 26 8
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12/11/2012 Item 16.E.11.
i
12/11/2012 Item 16.E.11.
EXHIBIT Vill
COLLIER COUNTY VISION, MISSION, AND VALUES__
1. Vision Statement: To successfully develop a fully integrated, customer focused,
strStegically aligned ob ective organization rgan¢atiion througia 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 hig"ual'ity utility services that exceed
expectations.
.a Priorities:
Stay in regulatory compliance — always,
Wiset 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 organi7atlon. Our salaries are
paid directly by our customers, No Customers = No Work = No Job.
tt) 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.
ej Utilizing active listening, we will always seek first to understand the customer's naed
and concerns, and them aggressively seek a solution,
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November 27, 2012
VIA E -MAIL
Mr. Leo E. Ochs, Jr.
County Manager
Collier County
3299 Tamiami Trail East, Suite 202
Naples, FL 34112 -5746
12/11/2012 Item 16. E.11
Re: Sale of Choice Environmental Services, Inc. and its Subsidiaries ( "Choice ")
to Waste Services of Florida, .Inc. ( "Waste Services ")
Dear Mr. Ochs:
As you may be aware, on November 16, 2012, Waste Services entered into a
stock purchase agreement to acquire Choice. Waste Services is a subsidiary of
Progressive Waste Solutions Ltd., a publically traded company listed on the New York 110�
Stock Exchange and the Toronto Stock Exchanges (NYSE: BIN, TSX: BIN).
As this is a stock purchase, Choice will be a wholly owned subsidiary of Waste
Services; with Waste Services owning 1.00% of the stock of Choice. No assignment of
the contract Choice has with Collier County ( "County ") is taking place and Choice will
continue to provide you with the same high level of service you have grown accustomed
to over the life of the relationship. Choice plans to continue to comply with the terms and
conditions of our agreement with the County and now, with the large public company
behind us, has additional financial resources, expertise and other capabilities available to
it to improve on our already great service. The local management of Choice is remaining
in place, thus you will continue to deal with the same great team of professionals going
forward.
In accordance with Sections 23 and 24 of our agreement with the County,
please accept this as written notice of the proposed transaction. For your convenience,
attached please find a draft consent for your reference and use by the County, along with
the press release announcing the transaction.
Please contact me at your earliest convenience to discuss what additional steps we
will need to take or additional information you will need to grant the approval required
under our agreement with the County.
2860 State Road 84, Suite 103, Fort Lauderdale, FL 3331.2 • Tel: 954- 797 -7974 • Fax: 954- 797 -7984
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12/11/2012 Item 16.E.11.
I look forward to hearing from you soon.
Respectfully submitted,
Dennis Pantano
District Manager
2860 State Road 84, Suite 103, Fort Lauderdale, FL 33312 • Tel: 954- 797 -7974 • Fax: 954- 797 -7984
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12/11/2012 Item 16.E.11.
IMF
MEDIA RELEASE
ftgressive
Waste Satutons
PROGRESSIVE WASTE SOLUTIONS LTD. ACQUIRES CHOICE ENVIRONMENTAL SERVICES, INC.
TORONTO, ONTARIO - Friday, November 16, 2012 - Progressive Waste Solutions Ltd. (NYSE, TSX: BIN)
announced today it has acquired, through its wholly owned subsidiary Waste Services of Florida, Inc., Choice
Environmental Services, Inc. ( "Choice Environmental') for cash consideration of $123.25 million. Choice
Environmental is a solid waste services company based in Fort Lauderdale, Florida, and a wholly owned subsidiary
of Swisher Hygiene (NASDAQ: SWSH, TSX: SWI).
"As one of the largest independent waste and recycling service providers in Florida, Choice Environmental brings
residential, commercial and industrial collection operations, along with transfer and material recovery facilities,
that are well- positioned in southern and central Florida," said Joseph Quarin, Vice Chairman and Chief Executive
Officer, Progressive Waste Solutions. "We are very pleased to add these assets, which strongly complement our
existing collection and disposal footprint in Florida, to our growing network."
Choice Environmental generates annual revenue of approximately $72 million through six collection operations,
one municipal solid waste transfer station and one Material Recovery Facility (MRF).
Forward- Looking Statements
This communication includes "forward- looking statements" within the meaning of the safe harbor provisions of
the United States Private Securities Litigation Reform Act of 1995 and applicable Canadian securities legislation.
Words such as "expect," "estimate," "project," "budget," "forecast," "anticipate," 'intend," "plan," "may," "will,"
"could," "should," "believes," "predicts," "potential," "continue," and similar expressions are intended to identify
such forward - looking statements. Forward looking statements include, but are not limited to, statements relating
to future financial and operating results and our plans, objectives, prospects, expectations and intentions. These
forward - looking statements involve significant risks and uncertainties that could cause actual results to differ
materially from the expected results. factors that could cause Progressive Waste Solutions' results to differ
materially from those described in the forward- looking statements can be found in Progressive Waste Solutions'
2011 Annual Report on Form 40 -F and its 2011 Annual Information Form filed with the Ontario Securities
Commission which is available at the SEDAR web site (www.sedar.com). Progressive Waste Solutions does not
undertake any obligation to update any forward - looking statement, whether written or oral, relating to the
matters discussed in this communication, except as required by law.
About Progressive Waste Solutions Ltd.
Progressive Waste Solutions Ltd, is one of North America's largest full - service, vertically integrated waste
management companies, providing non - hazardous solid waste collection, recycling and landfill disposal services
to commercial, industrial, municipal and residential customers in 13 states and the District of the Columbia in the
U.S., and in six Canadian provinces. The Company's major brands are Progressive Waste Solutions, IESI, BFI Canada
and Waste Services. The Company's shares are listed on the New York and Toronto Stock Exchanges under the
symbol BIN.
To find out more about Progressive Waste Solutions, visit our webstte at www.progressivewaste.com.
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Further information:
Chaya Cooperberg
Vice President, Investor Relations and Corporate Communications
Progressive Waste Solutions Ltd.
Tel: (905) 532 -7517
Email: chaya.cooperberg @ progressivewaste.com
www. p rog rre s si vewaste x6m
Laura Lepore
Manager, Investor Relations and Corporate Communications
Progressive Waste Solutions Ltd.
Tel: (905) 532 -7519
Email: laura .lepore@progressivewaste.com
www. p rag ressive wa ste.com
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12/11/2012 Item 16.E.11.