HomeMy WebLinkAboutDocumentation_Regular_Tab 14_8/8/2024 Agenda Item #14.
Regular Council
STAFF MEMO
Y
Meeting: Regular Council - Aug 08 2024
Staff Contact: Jeffery Snyder, Finance Director Department: Finance
RESOLUTION NO. 15-24, A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQU ESTA, FLORIDA, ADOPTING THE REFUSE, RECYCLING AND YARD WASTE
COLLECTION RATES FOR FISCAL YEAR ENDING SEPTEMBER 30, 2025 AND AUTHORIZING
THE VILLAGE MANAGER TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED
PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Consider
Approval of Franchise Agreement with WM (Formerly Waste Management) Continuation for 6-years.
1---§UMMARY:_p
Refuse, recycling, and yard waste collection rates are to be adopted by resolution and transmitted to
the Palm Beach County Property Appraiser as part of a uniform method of assessment of these rates
by the Village of Tequesta.
Currently the Village has a franchise agreement contract with WM (formerly Waste Management)
which runs through the end of September 30, 2025. The Village Manager was notified by WM that
they were not going to exercise the five-year extension available in the current contract. They
continued by alerting the Village Manager that they would be going to automated waste collection.
The Village Manager began negotiating a new contract with WM. The contract that both agreed to
enter into results in a $41.52 annual ($3.46/month) increase bringing the total cost per residential
dwelling to $233.40 for Fiscal Year 2024-25 and establish the terms of the agreement to include an
annual increase based upon the United State CPI for Water, Sewer, and Trash Collection (WST),
publicly published monthly by the Bureau of Labor Statistics (not to exceed 5.75%) .
The Village Council can choose the option of testing the open market during next fiscal year. Looking
at one relatively recent example, the City of Port St Lucie went out to the market and competitively bid
waste hauling services. In fiscal year (FY) 2022 the solid waste rate was $379.45/year for twice a
week trash collection. Their competitive solicitation resulted in automated collection beginning in FY
2023 for $432.67/year however, the waste hauling contract changed collections to one-time a week.
Village staff believes that the new negotiated contract terms offered by WM is the most economical
option for our residents.
This document and any attachments may be reproduced upon request in an alternative format by
completing our Accessibility Feedback Form, sending an e-mail to the Village Clerk or calling 561-
768-0443.
BUDGET • - •
BUDGET AMOUNT $742,912 AMOUNT AVAILABLE EXPENDITURE AMOUNT: N/A
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Agenda Item #14.
$742,912
FUNDING SOURCES: Solid Waste Assessment IS THIS A PIGGYBACK:
❑ Yes 0 N/A
DID YOU OBTAIN 3 QUOTES?
❑ Yes 0 N/A
COMMENTS/EXPLANATION ON SELECTIONN/A
POTENTIAL MOTION / DIRECTION REQUESTED:
Consider approving the Franchise Agreement Contract and Resolution No. 15-24 setting the FY
2024-25 waste collection rates.
WMIF-VOT Franchise renewal term draft agreement - 7-11-21
Refuse & Recycling-FY2025-Resolution 15-24
Correspondence from Residents
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Agenda Item #14.
SOLID WASTE
AND
RECYCLABLE COLLECTION
SERVICES
RENEWAL TERhk AGREEMENT
BETWEEN
THE VILLAGE OF TEQUESTA
AND
WASTE MANAGEMENT., INC. OF FLORIDA
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TABLE OF CONTENTS
ARTICLE I GENERAL INFORMATION
1 . GRANT OF FRANCHISE 1
1 .1 Liaison between Village and Contractor 1
1 .2 Filing of Commercial Fee Rate Schedule 1
2. COMMENCEMENT OF WORK 2
3. TERM 2
3.1 Initial Term 2
3.2 Optional Renewal Term 2
4. DEFINITIONS 2
ARTICLE II SERVICES TO BE PERFORMED BY CONTRACTOR - REFUSE COLLECTION
5. DESCRIPTION OF THE WORK 7
5.4 Protection of Adjacent Property and Utilities 7
5.5 Spillage 7
5.6 Designated Facility 8
6. RESIDENTIAL COLLECTION SERVICE 9
6.1 .1 Frequency of Collection 8
6.1 .2 Hours of Collection 8
6.1 .3 Point of Pickup of Residential Refuse 8
6.1 .4 Receptacles 9
6.1 .5 Method of Collection of Residential Refuse 9
6.1 .6 Vacant Lots 10
6.1 .7 Bulk Trash 10
7. COMMERCIAL COLLECTION SERVICE 10
7.1 .1 Frequency of Collection 10
7.1 .2 Point of Pickup of Commercial Refuse 11
7.1 .3 Commercial Receptacles 11
7.1 .4 Method of Collection of Commercial Refuse 11
8. MUNICIPAL COLLECTION SERVICE 11
8.2 Special Events 1 1
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9. SCHEDULE AND ROUTES 12
9.3 Storm 12
9.4 Holidays 13
10. COLLECTION EQUIPMENT 13
11 . SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE,
BIOLOGICAL WASTE AND SLUDGE 14
ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING
12. DESCRIPTION OF THE WORK 14
12.2 Frequency of Collection 15
12.3 Hours of Collection 15
12.4 Point of Pickup of Recyclable Materials 15
12.5 Receptacles 15
12.6 Method of Collection of Recyclable Materials 16
12.7 Schedules and Routes 16
12.8 Equipment 16
12.9 Holidays 17
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION 17
ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR-VEGETATIVE WASTE
COLLECTION
14. DESCRIPTION OF WORK 17
14.2 Frequency of Collection 17
14.3 Hours of Collection 18
14.4 Point of Pickup of Vegetative Waste 18
14.5 Preparation of Vegetative Waste for Collection 18
14.6 Method of Collection of Vegetative Waste 18
14.7 Routes 18
14.8 Equipment 19
14.9 Holidays 19
ARTICLE V QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL 19
15.1 Contractor's Officer(s) 19
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15.2 Dangerous Animals and Refuse Collection 20
15.3 Conduct of Employees 20
15.4 Employee Uniform Regulations 20
15.5 Compliance with State, Federal and Municipal Law 20
15.6 Fair Labor Standards Act 20
15.7 Other Employee Benefits 20
16. CONTRACTOR'S OFFICE 21
16.2 Notification to Customers 21
ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING 21
17.1 Compensation 21
17.2 Billing Procedures 22
17.3 Disposal Costs 23
17.4 Unusual Changes or Costs 23
17.5 Consumer Price Index and other Adjustments 24
17.6 Level and Type of Service for Collection
of Other Wastes 24
17.7 Other Considerations 25
ARTICLE VII CONTRACT PERFORMANCE/PENALTIES/DEFAULT
18. CONTRACT PERFORMANCE 25
19. COOPERATION/COORDINATION 26
20. COMPLAINTS AND COMPLAINT RESOLUTION 26
20.1 Office 26
20.2 Complaints 26
20.3 Disputes about Collection of Certain Items 27
21 . DEFAULT AND DISPUTE OF THE AGREEMENT 27
22. RIGHT TO REQUIRE PERFORMANCE 30
ARTICLE VIII GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES 30
24. TITLE TO WASTE 30
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25. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL 30
26. BONDS AND SURETIES 31
26.1 Performance Bond 31
26.2 Requirements as to Surety 31
27. INSURANCE REQUIREMENTS 31
27.1 Contractor Insurance 31
27.1 .2 Worker's Compensation 31
27.1 .3 Comprehensive General Liability 32
27.1 .4 Business Automobile Policy 32
27.1 .5 Umbrella Liability 32
27.2 Certificate of Insurance 32
28. COMPLIANCE WITH LAWS AND REGULATIONS 33
29. INDEMNIFICATION 33
30. BOOKS AND RECORDS 34
31 . NOTICES 34
32. TERMINATION 34
33. WAIVER 34
34. GOVERNING LAW 34
35. SEVERABILITY 34
36. FORCE MAJEURE 35
37. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL 35
38. PUBLIC RECORDS 35
39. ENTIRE AGREEMENT 37
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EXHIBIT I - MUNICIPAL COLLECTION AND DISPOSAL SERVICES 40
EXHIBIT II - REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE
COLLECTION RATES 41
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Agenda Item #14.
REFUSE, MULTI-MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION RENEWAL TERM AGREEMENT
THIS RENEWAL TERM AGREEMENT ("Contract") is made as of this 8th day of August,
2024, by and between the Village of Tequesta, Florida, hereinafter referred to as
"Village", with an address of 345 Tequesta Drive, Tequesta, Florida 33469; and Waste
Management, Inc. of Florida, hereinafter referred to as"Contractor",with its principal
place of business at 7700 S.E. Bridge Road, Hobe Sound, Florida 33455; collectively
referred to as the "Parties".
WHEREAS, the Village previously issued Invitation to Negotiate PW 02-17 for Solid
Waste and Recycling Services; and
WHEREAS, the Village previously selected Contractor as the highest ranked proposer
with which to negotiate a contract to perform the services required by the Invitation
to Negotiate; and
WHEREAS, the Village and the Contractor previously successfully negotiated the
terms and conditions of a Contract for the services required by the Invitation to
Negotiate, which included among other things, an option to enter into a renewal
term; and
WHEREAS, the Village and the Contractor now desire to enter into an early Renewal
Term with new automated receptacle service as specified herein.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the respective covenants herein
contained, the Parties agree as follows:
ARTICLE I
GENERAL INFORMATION
1. GRANT OF FRANCHISE
The Village hereby grants to the Contractor the exclusive franchise for the
collection of residential, commercial, industrial and roll-off solid waste,
construction and demolition debris, refuse, recycling and vegetative waste
as specified herein, but excluding the collection of special waste, hazardous
waste, bio-hazardous waste, biological waste and sludge.
1 .1 Liaison between Village and Contractor. All dealings, contracts, notice
and payments between the Contractor and the Village shall be directed by
the Contractor to the Village Manager or his/her designee.
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1 .2 Filing of Commercial Fee Rate Schedule. The Contractor shall file a
Commercial Fee Rate Schedule (Exhibit III) which shall be continuously
maintained in the office of the Village Manager for inspection. The initial
Commercial Fee Rate Schedule shall be filed with the Village Manager a
minimum of seven days prior to the effective date of this Contract, and any
subsequent amendments thereto shall be filed with the Village Manager a
minimum of 15 days prior to the effective date of such amendment.
2. COMMENCEMENT OF WORK
The work contemplated by this Contract shall commence on October 1 , 2024.
3. RENEWAL TERM; FUTURE EXTENSIONS
3.1 Renewal Term The Renewal Term of this Contract shall commence
October 1 , 2024 and shall continue for a period of Six (6) years as
contemplated by the original, Initial Contract, ending on September 30, 2030.
3.2 Future Contract Extensions The parties agree that they may negotiate
and enter into additional successive contract extension terms under
conditions to be agreed upon and memorialized in such contract extensions.
4. DEFINITIONS
4.1 Authorized Representative Shall mean the employee or employees
designated in writing by the Village Manager to represent the Village in the
administration and supervision of the Contract.
4.2 Biohazardous Waste Shall mean any solid waste or liquid waste which
may present a threat of infection or disease to humans or may reasonably be
suspected of harboring pathogenic organisms. The term includes, but is not
limited to, non-liquid human tissue and body parts; laboratory and veterinary
waste which contain human-disease-causing agents; used disposable sharps,
human blood, and human blood products and body fluids; and other
materials which in the opinion of the Department of Health and Rehabilitative
Services represent a significant risk of infection to persons outside the
generating facility.
4.3 Biological Waste Shall mean solid waste that causes or has the
capability of causing disease or infection and includes, but is not limited to,
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Biohazardous waste, diseased or dead animals, and other waste capable of
transmitting pathogens to humans or animals.
4.4 Bulk Trash Shall mean any non-vegetative item which cannot be
containerized, bagged or bundled; including, but not limited to, inoperative
and discarded refrigerators, freezers, ranges, toilets, washers, dryers, bath
tubs, water heaters, sinks, bicycles, and other similar appliances, household
goods, furniture, minor "do it yourself" projects generating de-minimis
construction debris and all of the above shall not be commingled with
Vegetative Waste.
4.5 Villa e Shall mean the Village of Tequesta, Florida.
4.6 Collection Shall mean the process whereby solid waste, garbage, trash,
bulk trash, vegetative waste or recyclable material is removed and
transported to a Designated Facility.
4.7 Commercial Service Shall mean the service provided to business
establishments, churches, schools, office buildings and other similar
establishments. Service shall include container rental, the rolling out and
locking and unlocking of containers, opening and closing doors and gates,
exchanging containers, changing container locations and other services
required for the proper maintenance of containers. Commercial Service
includes Roll-off Collection Service.
4.8 Commercial Trash Shall mean any and all accumulations of paper,
rags, excelsior or other packing materials, wood, paper or cardboard boxes
or containers, sweepings, and any other accumulation not included under
the definition of garbage, generated by the operation of stores, offices, and
other business places. Commercial trash shall include furniture, appliances,
car parts, and all other accumulations not included within the definition of
garbage and shall be included in the service if properly containerized.
Commercial trash shall not include Special Waste.
4.9 Construction and Demolition Debris Shall mean materials defined as
such from time to time by the Department and Florida Administrative Code.
4.10 Contract Shall mean this Renewal Term Contract executed by the
Village and the Contractor for the performance of the work.
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4.11 Contractor Shall mean Waste Management, Inc. of Florida and its
officers, agents, employees and subcontractors, with whom the Village has
entered into this Contract to provide the services contemplated herein.
4.12 Department Shall mean the Florida Department of Environmental
Protection.
4.13 Designated Facility Shall mean a permitted disposal processing,
recovery, recycling or transfer facility.
4.14 Disposal Costs Shall mean the "tipping fees", landfill costs or processing
fees charged to the Contractor by others for disposal of the waste collected
by the Contractor.
4.15 Garbage Shall mean all putrescible waste which generally includes but
is not limited to kitchen and table food waste, animal, vegetative, food or any
organic waste that is attendant with or results from the storage, preparation,
cooking or handling of food materials whether attributed to residential or
commercial activities. Vegetative Waste shall not be commingled with
Garbage in the same collection. Garbage shall not include any material that
falls within the definition of Special Waste.
4.16 Garbage Receptacle Shall mean a Garbage container provided by
the Contractor that is made with heavy-duty hard plastic or other impervious
material, with an enclosed bottom and sides, mounted on two wheels,
equipped with a tight-fitting hinged lid, having a capacity of approximately
sixty-five (65) gallons, with a lift bar, and used for the automated Collection of
Garbage and Trash. Garbage Receptacles purchased by the Contractor
pursuant to this Agreement shall remain the property of the Contractor when
this Agreement expires or terminates.
4.17 Hazardous Waste Shall mean solid waste as defined by the State of
Florida Department of Environmental Regulation as a hazardous waste in the
State of Florida Administrative Code, or by any future legislative action or by
federal, state or local law.
4.18 Industrial Wastes Industrial wastes are not included in the scope of this
contract unless considered regular solid waste.
4.19 Loose Refuse Shall mean non-compacted Refuse which is collected
from the ground.
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4.20 Mechanical Container Shall mean and include any detachable metal
container designed or intended to be mechanically dumped into a
loader/packer type of garbage truck used by the Contractor.
4.21 Multiple Dwelling Units Shall mean any building containing four (4) or
more separate, permanent dwelling living units, not including motels and
hotels.
4.22 Performance and Payment Bond Shall mean the form of security
approved by the Village and furnished by the Contractor as required by this
Contract as a guarantee that the Contractor will execute the work in
accordance with the terms of the Contract.
4.23 Recyclable Materials Shall mean newspapers (including inserts),
magazines and catalogs, aluminum cans, aluminum foil and pie plates,
plastic containers, glass bottles and jars, corrugated cardboard, brown paper
bags, mixed paper (magazines, phone books, office paper, etc.), drink boxes,
milk and juice cartons, and other solid waste materials added upon
Agreement between the Village and the Contractor, when such materials
have been either diverted from the remaining solid waste stream or removed
prior to their entry into the remaining solid waste stream. The Village reserves
the right to modify the types of materials collected by the Contractor and the
point of delivery for processing.
4.24 Recyclinq Shall mean any process by which solid waste, or materials
which otherwise become solid waste, are collected, separated, or processed
and reused or returned to use in the form of raw materials or products, as
defined by the State of Florida D.E.P. and Florida Administrative Code.
4.25 Roll-off Collection Service Shall mean the Collection of Refuse,
Garbage, Construction and Demolition Debris using roll-off containers, or the
Collection of Construction and Demolition Debris by other mechanical means
from locations within the Village.
4.26 Refuse Shall mean commercial/industrial Trash, household Trash and
Garbage or a combination of mixture of Commercial Trash, household Trash
and Garbage, plus Construction and Demolition Debris.
4.27 Refuse Regulations Shall mean regulations prescribed by the Village
together with such administrative rules, regulations and procedures as may
be established for the purpose of carrying out or making effective the
provision of this contract.
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4.28 Residential Service Shall mean the Refuse, Recycling and Vegetative
Waste collection service provided to single family dwelling units, individual
mobile homes, and Multiple Dwelling Units within the Village.
4.29 Sludge Shall mean 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. The definition of the term
"sludge" shall be amended upon any amendment of that term as it is defined
in Section 403.703, F.S. as amended from time to time.
4.30 Solid Waste Shall mean Garbage, rubbish, Refuse, Special Waste, and
other discarded materials, but only to the extent such materials are of the
type and consistency that may be lawfully accepted at the designated
disposal facility under applicable law.
4.31 Special Waste Shall mean solid wastes that require special handling
and management, and which are not accepted at a landfill or other disposal
facility or which are accepted at a landfill or other disposal facility at higher
rates than is charged for refuse, including, but not limited to, asbestos, whole
tires, used oil, lead-acid batteries, and Bio hazardous wastes. The definition of
the term "special waste" shall be amended upon any amendment of that
term as it is defined in Section 403.703, F.S. as amended form time to time.
4.32 Trash Shall mean all refuse, accumulation of paper, excelsior, rags,
wooden or paper boxes and containers, sweepings, broken toys, tools,
utensils, and all other accumulations of a similar nature other than Garbage,
which are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include Vegetative Waste.
4.33 Uniform Level of Service Shall mean any and all Garbage and Trash,
whether commercial or residential, which conforms to the preparation and
storage requirements of this contract, and is collected in accordance with
Village approved schedules.
4.34 Vegetative Waste Shall mean any vegetative matter resulting from yard
and landscaping maintenance and shall include materials such as tree and
shrub materials, grass clippings, palm fronds, Christmas trees, tree branches
and similar other matter usually produced as refuse in the care of lawns,
landscaping and yards. Residents must bag or containerize all grass clippings,
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leaves, pine needles, and similar small loose items. Large Vegetative Waste
items must be not more than six (6) feet in length or fifty (50) pounds in weight,
and shall be placed neatly at the curb to comply for regular scheduled
collection.
ARTICLE II
SERVICES TO BE PERFORMED BY CONTRACTOR - REFUSE COLLECTION
5. DESCRIPTION OF WORK
5.1 The Contractor shall provide Refuse collection services within the
Village Limits of Tequesta. The Contractor shall have the exclusive right to
provide Refuse, Garbage and Construction and Demolition Debris collection
service in the Village in accordance with the Terms of this Agreement. For
purposes of clarity, the Contractor has the exclusive right to collect
Construction and Demolition Debris from all properties within the Village using
Roll-Off Collection Service or Mechanical Containers.
5.2 The Contractor is aware of the requirements of the Florida Solid Waste
Management Act and other applicable federal and state laws, and is
responsible for determining the impact of such legislation on its operation.
5.3 The Contractor shall provide, at its own expense, all labor, insurance,
supervision, machinery and equipment, plant building, trucks and any other
tools, equipment, accessories and things necessary to maintain the standard
of collections and disposal set forth herein.
5.4 Protection of Adjacent Property and Utilities. The Contractor shall
conduct its work in such a manner as to avoid damage to adjacent private
or public property and shall promptly repair or pay for any damage incurred
through its operations. The Contractor shall take cognizance of all existing
utilities and it shall operate with due care in the vicinity of such utilities and
shall immediately repair or have repaired at no additional cost to the owner
any breakage or damage caused by its operation.
5.5 Spillage. The Contractor shall not litter or cause any spillage to occur
upon the premises or the rights-of-way wherein the collection shall occur.
During hauling, all refuse shall be contained, tied, or enclosed so that leaking,
spilling, and blowing is prevented. In the event of any spillage caused by the
Contractor, the Contractor shall promptly clean up all spillage.
5.6 Designated Facility. All Refuse, Recyclable Materials and Vegetative
Waste shall be hauled to a designated facility as directed in writing by the
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Village Manager and disposed of at those facilities at the expense of the
Contractor.
6. RESIDENTIAL COLLECTION SERVICE
6.1 The Contractor shall have the exclusive right to, and shall, collect and
dispose of all Refuse, except Special Waste, Hazardous Waste, Biohazardous
Waste, Biological Waste and Sludge, from all single family homes, Multiple
Dwelling Units and individual mobile homes. Mobile home parks will be
serviced as residential units. In addition, the Contractor can offer "Back
Door" or other enhanced services to residents for a negotiated fee. Those
handicapped residents who have submitted a physicians certificate of their
disability and which has been accepted by the Village, will be provided back
door service at no charge.
6.1 .1 Frequency of Collection. The Contractor shall collect refuse from all
residences within the Village at least two (2) times per week, with collections
at least three (3) days apart. The Village shall approve all proposed changes
to collection days prior to Contractor implementation.
6.1 .2 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock
a.m., and shall cease no later than 7:00 o'clock p.m. The hours of collection
may be extended provided the Contractor has received prior approval from
the Village Manager, to be later evidenced by a written memorandum
confirming the approval. Should the Contractor not confirm and obtain in
writing the approval to operate on an emergency basis, it shall be
conclusively presumed that the Contractor had not obtained such approval.
No collection shall occur on Sundays or holidays (See Section 9.4) except in
time of emergency, and then only with the Village Manager's prior approval.
6.1 .3 Point of Pickup of Residential Refuse. Collections of residential refuse
shall be at curbside or other such locations as will provide ready accessibility
to the Contractor's collection crew and vehicle. In the event an appropriate
location cannot be agreed upon, the Village Manager or his/her designee
shall designate the location. Nothing in this section shall require the
Contractor to remove waste resulting from construction activity or the
clearance of vacant lots, except as otherwise required in Section 6.1 .6.
For those residents who, by reason of their disability, certified by a doctor and
approved by the Village, are unable to place Garbage receptacles at the
curb, collection will be from the rear door or other accessible location
adjacent to the residence, and shall be replaced when empty.
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6.1 .4 Receptacles. The Contractor shall be required to pickup all Garbage,
Trash and Bulk Trash generated from all residences within the Village which
have been properly prepared and stored for collection as follows:
The Contractor shall purchase, assemble, and deliver one new Garbage
Receptacle to each residential customer. In addition, during the Renewal
Term of this Agreement, the Contractor shall purchase, assemble, and deliver:
(a) a new or refurbished Garbage Receptacle to each customer in the
service area whose Garbage Receptacle was stolen, or damaged or worn
beyond repair; and (b) a new Garbage Receptacle for each customer that
wishes to purchase an additional one. A "refurbished" Receptacle means a
Receptacle that was cleaned and repaired to "like new" condition.
The Contractor may charge a fee for providing replacement Garbage
Receptacles only if a customer already has received a free replacement
Garbage Receptacle and then that customer requests additional Garbage
Receptacles, all while living in the same residence. In such circumstances,
the customer shall purchase the new Garbage Receptacle. The fee for a new
Garbage Receptacle shall not exceed Seventy-Five Dollars ($75) per
Receptacle and the fee for delivering Receptacles shall not exceed Twenty-
Five Dollars ($25) per delivery.
All Garbage and Trash shall be placed in a Garbage Receptacle provided
by the Contractor and shall be placed by residential customers at curbside
(within 6 feet of roadway) or at such other single collection point as may be
agreed upon by the Contractor and the customer.
Bulk Trash piled at curbside shall be collected providing that it does not
exceed six (6) feet in length or fifty (50) pounds in weight for any piece or
segment of such materials.
Multiple Dwelling Units (dwellings containing four (4) or more units under a
single roof) serviced by Mechanical Containers shall containerize all Garbage
and Trash. Bulk Trash shall be collected at a designated site agreed to by the
Contractor and the customer and approved by the Village. Containerized
Services shall include the rolling out and locking and unlocking of containers,
opening and closing doors and gates, exchanging containers, changing
container location, supplying locks and locking mechanisms. A list of charges
are included the rate schedule (See Exhibit II), and other services required for
proper maintenance of containers.
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The Contractor shall provide the Village Manager with a list of all
Containerized Multiple Dwelling Unit complexes whose collection
requirements exceed twice per week service. Said list shall be kept current at
all times by the Contractor.
6.1 .5 Method of Collection of Residential Refuse. The Contractor shall make
collections with a minimum of noise and disturbances to Village residents. Any
refuse spilled by the Contractor shall be picked up immediately by the
Contractor. Garbage Receptacles shall be handled carefully by the
Contractor, shall not be bent or otherwise abused, and shall be thoroughly
emptied and then left at the proper point of collection. In the event of
damage by the Contractor to Garbage Receptacles, the Contractor shall be
responsible for the timely repair or replacement of said Receptacles within
seven (7) days at no cost to the customer. The replacement must be similar
in style, material, quality and capacity. The throwing of any garbage can,
container, or recycling container is prohibited.
6.1 .6 Vacant Lots. The Contractor shall collect household trash, and
garden and yard trash generated by normal maintenance activities from the
swale or right-of-way of vacant lots in residentially developed neighborhoods
at no additional charge. It will not be the responsibility of the Contractor to
remove waste resulting from clearing property for building purposes, or
materials deposited by subcontractors.
6.1 .7 Bulk Trash. The Contractor shall collect bulk trash from residents not less
than once per week.
7. COMMERCIAL COLLECTION SERVICE
7.1 The Contractor shall have the exclusive right to, and shall, collect and
dispose of all Refuse and solid waste as defined in F.A.C. 62-701 .200 et seq.,
except Special Waste, Hazardous Waste, Biohazardous Waste, Biological
Waste and Sludge, from or generated by any commercial or industrial use,
and any use not contained within residential services. Contractor's exclusivity
regarding Commercial Service shall include Roll-off Collection Service for all
Solid Waste and Recyclable Materials.
7.1 .1 Frequency of Collection. Commercial containers shall be collected
frequently enough to prevent them from becoming overloaded or a health
hazard. Collection shall begin no earlier than seven o'clock (7:00) a.m. and
shall cease no later than seven o'clock (7:00) p.m. Commercial customers
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located adjacent to, and within a one block radius of residential uses shall
only be collected during residential collection hours as stated in Section 6.1 .2.
In the event a Commercial customer's container is consistently overloaded,
the Village will require the customer to increase service. In the event of an
emergency, collection may be permitted at times not allowed by this section,
provided the Contractor has received prior approval from the Village
Manager or his designee, to be later evidenced by a written memorandum
confirming the approval. Should the Contractor not confirm and obtain in
writing the approval to operate on an emergency basis, it shall be
conclusively presumed that the Contractor had not obtained such approval.
7.1 .2 Point of Pickup of Commercial Refuse. Commercial Refuse customers
shall place containers at locations that are mutually agreed upon by the
customer and the Contractor and approved by the Village which are
convenient for collection by the Contractor. Where mutual agreement is not
reached, the Village Manager or his/her designee shall designate the
location.
7.1 .3 Commercial Receptacles. Commercial establishments shall generally
use Mechanical Containers. The Contractor may provide Garbage
Receptacles to its Commercial Customers. The Contractor shall be
responsible for purchasing, assembling, and delivering the Garbage
Receptacles to all such Customers. Mechanical Containers must be properly
maintained and kept clean and sanitary at all times.
7.1 .4 Method of Collection of Commercial Refuse. The Contractor shall
make collections with as little disturbance as possible. Any refuse spilled by
the Contractor shall be picked up immediately by the Contractor.
8. MUNICIPAL COLLECTION SERVICE
8.1 The Contractor shall provide residential or commercial collection and
disposal service, as appropriate, to all property owned, leased, rented or
controlled by the Village including, but not limited to, those designated by
the Village Manager if acquired during the Contract term. These services shall
be provided at no charge to the Village. Exhibit I is a current list of properties
to receive this service.
8.1 .1 The Contractor shall empty all Refuse, Recycling and Vegetative Waste
containers in any and all of the above mentioned properties at a frequency
to be determined by the Village Manager or his/her designee. The Village
shall have the right to use Mechanical Containers, commercial type trash
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cans with covers or any other container within the size limits prescribed by
definition. The Contractor shall provide all Mechanical Containers for the use
of the Village, which containers shall be kept in operable condition by
the Contractor throughout the life of the Contract.
8.2 Special Events. The Contractor shall provide, at no charge to the
Village, all services, containers and equipment required for waste collection
and disposal at all special Village functions or sponsored events deemed
appropriate by the Village Manager or his/her designee (such as J.T.A.A.
softball games, beach clean-ups, etc.).
9. SCHEDULES AND ROUTES
9.1 The Contractor shall provide the Village with schedules for all collection
routes and keep such information current at all times. Any proposed changes
in route schedules must be pre-approved and the Village shall be
immediately notified in writing a minimum of 30 days in advance. The Village
Manager shall approve all permanent changes in routes or schedules that
alter the day of pickup. Upon approval of the Village Manager, the
Contractor shall utilize door to door notices as well as publish in a newspaper
of general circulation in Palm Beach County at least seven (7) days prior to
the effective date of such route or schedule changes. The cost of publication
shall be borne solely by the Contractor.
9.2 The Village reserves the right to deny the Contractor's vehicles access
to certain streets, alleys and public ways inside the Village en route to the
disposal site where it is in the interest of the general public to do so because
of the condition of the streets or bridges. The Contractor shall not interrupt the
regular schedule or quality of service because of street closures of less than
eight (8) hours in duration. The Village shall notify the Contractor of street
closures of longer duration and arrangements for service will be made in a
manner satisfactory to the Contractor and the Village. Customers under this
contract shall receive reasonable notification of the schedules provided by
the Contractor prior to commencement of service. Only local truck routes
shall be used in transit, unless specifically for the purpose of collection.
NOTE: The Contractor's attention is directed to the fact that at times during
the year, the quantity of Refuse to be disposed of is materially increased by
the influx of visitors. This additional load will not be justification for the
Contractor to fail to maintain the required collection schedules and routes.
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9.3 Storm Events. The Contractor shall be available to the Village for storm
debris cleanup from public roads and rights-of-way from localized, unnamed
storms and weather events that are not subject to FEMA or State
compensation actions. In such cases, the Contractor will provide assistance
using its available equipment and personnel. The Village will compensate the
Contractor for services rendered to the extent that such services are over and
above normal collection activities. Such compensation shall be negotiated in
good faith by the Parties. In the event of a severe storm, hurricane, or other
similar natural disaster, the Village shall engage its storm debris collection
vendor for recovery efforts. In such case, the Village Manager or his/her
designee may grant the Contractor reasonable variance from regular
schedules and routes. As soon as practicable after such storm, the Contractor
shall advise the Village Manager of the estimated time required before
regular schedules and routes can be resumed. On a case by case basis, the
Contractor may be available to provide assistance in the cleanup effort. In
such event, provided that the Contractor has the equipment and personnel
available, the Parties will negotiate in good faith a separate written
agreement for such assistance. In such event, the Contractor shall receive
extra compensation above the Contract price for its activities at rates
negotiated by the Parties. In addition, the Village may require the Contractor
to provide Village-wide emergency vegetative collection prior to a storm to
the extent possible. Every effort will be made to provide as much advance
notice as is possible under the circumstances.
9.4 Holidays. The Contractor will not provide service on the following
holidays: Thanksgiving and Christmas. If the regular collection day falls on
any of the aforementioned holidays, the Contractor shall collect the Refuse
on the next regularly scheduled collection day.
10. COLLECTION EQUIPMENT
10.1 The Contractor shall have on hand at all times, in good working order
and sanitary condition, such equipment as shall permit the Contractor to
perform its contractual duties adequately and efficiently. Equipment shall be
obtained from nationally known and recognized manufacturers of garbage
collection and disposal equipment. The dedicated fleet of Collection
vehicles used by the Contractor under this Contract shall not exceed an
average age of ten (10) years and no vehicle shall exceed a maximum age
of twelve (12) years unless it is used as a reserve vehicle only. Equipment shall
be of the enclosed loader packer type, or other equipment which meets
industry standards and is approved by the Village. All equipment shall be kept
in good repair, appearance, and in a sanitary and clean condition at all
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times. The Contractor shall have available reserve equipment which can be
put into service within two (2) hours of any breakdown. Such reserve
equipment shall correspond in size and capacity to the equipment used by
the Contractor to perform the contractual duties.
Equipment is to be painted uniformly with the name of the Contractor,
business telephone number and the number of the vehicle in letters not less
than five (5) inches high on each side of the vehicle. All vehicles shall be
numbered and a record kept of the vehicle to which each number is
assigned. No advertising shall be permitted on vehicles, except of events
sponsored by the Village.
11. SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE, BIOLOGICAL
WASTE AND SLUDGE
The Contractor shall not be required to collect and dispose of Special Waste,
Hazardous Waste, Biohazardous Waste, Biological Waste or Sludge, but may
offer such service in the Village. All such collection and disposal for the types
of waste referenced in this section, when done by the Contractor, shall be in
strict compliance with all federal, state and local laws and regulations.
ARTICLE III
SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING
12. DESCRIPTION OF THE WORK
12.1 The Contractor shall have the exclusive right to, and shall, collect all
Recyclable Materials, including but not limited to, newspaper (including
inserts), magazines and catalogs, aluminum foil and pie plates, glass,
aluminum cans, Plastic containers stamped with the recycling symbols #1 thru
#7 including but not limited to polyethylene terephalate (PET) and high
density polyethylene (HDPE) bottles, corrugated cardboard, brown paper
bags, mixed paper, drink boxes, set out for the purpose of recycling from all
residential properties within the limits of the Village. The collection of
Recyclables shall be conducted utilizing two containers. The Contractor will
coordinate with the Village regarding any proposed change in collection of
recyclables as proposed by the Solid Waste Authority.
Additionally, the Contractor shall provide adequate mechanical containers
to facilitate a Village-wide recycling program for all Multiple Dwelling Units
receiving containerized service. Multiple Dwelling Unit containerized
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recycling services shall utilize ninety-six (96) gallon mechanical containers to
collect Recyclable Materials.
As it becomes appropriate or beneficial, other items may be added to the list
of Recyclable Materials at the direction of the Village Manager. The
additional items need to be part of the SWA program. Likewise, if it becomes
unfeasible or financially impractical to continue collection of any one of the
above times, the Contractor may petition the Village Manager for approval
to discontinue collection of those items. The Contractor has the ability to
request additional compensation for the additional service
12.2 Frequency of Collection. The Contractor shall collect Recyclable
Materials within the Village at least one (1 ) time per week. The day of
collection shall be on the same day as one of the collection days for Solid
Waste.
12.3 Hours of Collection. Collection shall begin no earlier than seven o'clock
(7:00) a.m. and shall cease no later than seven o'clock (7:00) p.m.; provided,
however, that in the event of emergency or unforeseen circumstances,
collection may be permitted at a time not allowed by this section following
approval by the Village Manager or designee.
12.4 Point of Pickup of Recyclable Materials. Collection of Recyclable
Materials shall be at curbside or other such locations as will provide ready
accessibility to the Contractor's collection crew and vehicle. In the event an
appropriate location cannot be agreed upon, the Village Manager shall
designate the location.
12.5 Receptacles. The Contractor shall pick up all Recyclable Materials
which have been properly prepared for collection and placed in recycling
containers or paper bags and set at curbside.
The Solid Waste Authority shall supply, and the Contractor shall distribute to
each new residence within the Village, two (2) containers for Recyclable
Materials and provide replacements to all residences as needed, using color,
design and logo as designated by the Village. The cost of these containers
will be borne by the Contractor. The containers shall be A-1 Products
Corporation, Model 9732, "BLUE BOX" and "YELLOW BOX", or equivalent.
Receptacles may be imprinted with a logo and/or recycling theme as
approved by the Village. All recycling containers shall become the property
of the Village when distributed. Any containers distributed prior to the
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commencement of this Contract provided by the Contractor shall also
become the property of the Village on the effective date of this Contract.
The Contractor shall maintain an adequate supply of containers for
Recyclable Materials to provide for replacements and for new residents. All
recycling containers provided or replaced by the Contractor shall be
identical in type, size and color for each type of recycling container.
12.6 Method of Collection of Recyclable Materials. Unless otherwise agreed
to in writing, the Contractor shall sort Recyclable Materials at the point of
pickup, at least the newspaper from the aluminum cans, glass and plastics
and place into different sections of the collection vehicle. The Contractor
shall make collections with a minimum of noise and disturbance to Village
residents. Any Recyclable Materials spilled by the Contractor shall be picked
up immediately. Recycling containers shall be thoroughly emptied and left
inverted at the point of collection.
12.7 Schedules and Routes. Recyclable Materials collection for a dwelling
unit shall be made on one of the two solid waste collection days for that
dwelling unit. Therefore, schedules and routes shall match the schedules and
routes for solid waste collection, except that the Village Manager or designee
is authorized to modify, extend or suspend schedules in the event of natural
disaster, health hazard or any other state of emergency requiring such action.
The Village reserves the right to deny the Contractor's vehicles access to
certain streets, alleys and public ways inside the Village en route to the
disposal site where it is in the interest of the general public to do so because
of the condition of streets or bridges. The Contractor shall not interrupt the
regular schedule or quality of service because of street closures of less than
eight (8) hours in duration. The Village shall notify the Contractor of street
closures of longer duration and arrangements for service will be made in a
manner satisfactory to the Contractor and the Village. Customers receiving
services pursuant to this contract shall receive reasonable notification of the
schedules provided by the Contractor prior to commencement of service.
Only local truck routes shall be used in transit, unless specifically for the
purpose of collection
12.8 Equipment. The Contractor shall have on hand at all times, in good
working order and sanitary condition, such equipment as shall perform its
contractual duties. Equipment shall be obtained from nationally known and
recognized manufacturers of recycling equipment and shall be kept in good
repair, appearance, and in a sanitary and clean condition at all times. The
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Contractor shall have available reserve equipment which can be put into
service within two (2) hours of any breakdown. Such reserve equipment shall
correspond in size and capacity to the equipment used by the Contractor to
perform the contractual duties.
The Contractor may also add its name and business telephone number to
each side of the vehicle. The rear of the vehicle shall contain signs warning
the public of frequent stops. All vehicles shall be numbered and a record kept
of the vehicle to which each number is assigned. No advertising shall be
permitted on vehicles except that approved by the Village.
12.9 Holidays. The Contractor will not provide service on the following
holidays: Thanksgiving and Christmas Day. Residential Recyclable Materials
not collected on Thanksgiving shall be collected on the next scheduled
recycling collection service day. Residential Recyclable Materials not
collected on Christmas Day shall be collected on the next scheduled solid
waste collection day when possible, but not later than the next scheduled
Recyclable Materials collection day.
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION
The Village and the Contractor will share responsibility for the promotion of the
recycling programs. The Village and the Contractor will cooperate in the
design of promotional events and educational programs and the preparation
of promotional materials such as door hangers and/or flyers for public
distribution; however, the Village's contribution shall be subject to budget,
review and approval by the Village. The Contractor will distribute written
information to the residential participants on a periodic basis and assist with
preparation of the Annual Grant report. The Contractor further agrees to
conduct presentations for schools, civic groups, homeowners associations
and other appropriate citizens groups.
ARTICLE IV
SERVICES TO BE PERFORMED BY THE CONTRACTOR -
VEGETATIVE WASTE COLLECTION
14. DESCRIPTION OF WORK
14.1 The Contractor shall provide Vegetative Waste collection and disposal
within the limits of the Village. The Contractor shall have the exclusive right to
provide Vegetative Waste collection and disposal service within the Village in
accordance with the specifications herein. Landscape maintenance
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companies shall haul their own vegetative waste resulting from their own
activities.
14.2 Frequency of Collection. The Contractor shall collect Vegetative Waste
from residences within the Village two (2) times per week. The days of
collection shall be on the same days as the collection day for Solid Waste.
14.3 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock
a.m. and shall cease not later than 7:00 o'clock p.m.; provided that in the
event of emergency or unforeseen circumstances, collection may be
permitted at a time not allowed by this section following approval by the
Village Manager or designee.
14.4 Point of Pickup of Vegetative Waste. Collection of Vegetative Waste
shall be at curbside or other such locations as will provide ready accessibility
to the Contractor's collection crew and vehicle. In the event an appropriate
location cannot be agreed upon, the Village Manager or his/her designee
shall designate the location.
14.5 Preparation of Vegetative Waste for Collection. The Contractor shall
pick up all Vegetative Waste generated from residential units as follows:
Vegetative Waste shall be placed adjacent to the edge of pavement or
traveled way of the street. Small or loose Vegetative Waste should be
bundled or containerized. Large materials or accumulations of Vegetative
Waste will be collected by mechanical means (clamshell) at least one time
per week.The Contractor may place a notification tag on accumulations that
require clamshell collection to advise the customer how and when the service
will occur.
In the event of a dispute between the Contractor and a customer as to what
constitutes Vegetative Waste, the situation will be reviewed and decided by
the Village Manager or his/her designee, whose decision shall be final.
14.6 Method of Collection of Vegetative Waste. The Contractor shall make
collections with a minimum of noise and disturbance to Village residents
Any Vegetative Waste spilled by the Contractor shall be picked up
immediately by the Contractor. Garbage Receptacles shall be handled
carefully by the Contractor, shall not be bent or otherwise abused, and shall
be thoroughly emptied and then left at the proper point of collection.
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14.7 Routes. The Village reserves the right to deny the Contractor's vehicles
access to certain streets, alleys and public ways inside the Village en route to
the disposal site where it is in the interest of the general public to do so
because the condition of the streets or bridges. The Contractor shall not
interrupt the regular schedule or quality of service because of street closures
of less than eight (8) hours in duration. The Village shall notify the Contractor
of street closures of longer duration and arrangements for service will be
made in a manner satisfactory to the Contractor and the Village. Customers
receiving services pursuant to this Contract shall receive reasonable
notification of the schedules provided by the Contractor prior to
commencement of service. Only local truck routes shall be used in transit,
unless specifically for the purpose of collection.
14.8 Equipment. The Contractor shall have on hand at all times and in good
working order such equipment as shall permit the Contractor to perform its
contractual duties adequately and efficiently. Equipment shall be obtained
from nationally known and recognized manufacturers of collection and
disposal equipment. Collection vehicles shall be of the enclosed loader
parker type or other vehicle designed to allow for efficient collection of
Vegetative Waste; with the exception of clamshell equipment utilized for bulk
collection. The equipment shall be kept in good repair, appearance, and in
a sanitary and clean condition at all times. The Contractor shall have
available reserve equipment, which can be put into service within two (2)
hours of any breakdown. Such reserve equipment shall correspond in size and
capacity to the equipment used by the Contractor to perform the
contractual duties.
14.9 Holidays. The Contractor will not provide service on the following
holidays: Thanksgiving and Christmas Day. Vegetative Waste not collected
on Thanksgiving shall be collected on the next scheduled vegetative waste
collection service day. Vegetative Waste not collected on Christmas Day
shall be collected on the next scheduled solid waste collection day.
ARTICLE V
QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL
15.1 Contractor's Officer(sl. The Contractor shall assign a qualified person or
persons to be in charge of the operations required by this Contract within the
Village. The Contractor shall give the names, address and telephone number
of these persons to the Village. Information regarding the person's experience
and qualifications shall be furnished. Supervisory personnel must be present
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on the routes to direct operations in a satisfactory manner. Said supervisor(s)
must be available for consultation with the Village Manager and/or customers
within a reasonable, practicable time after notification of a request for such
consultation. The supervisor(s) shall operate a vehicle which is radio
equipped.
15.2 Dangerous Animals and Refuse Collection. Employees of the
Contractor shall not be required to expose themselves to the danger of being
bitten by vicious dogs in order to accomplish refuse collection. In any case
where the owner or tenants have such animals at large, the Contractor shall
immediately notify the Village Manager of such condition and of his inability
to make collection because of such conditions.
15.3 Conduct of Employees. The Contractor shall ensure that its employees
serve the public in a courteous, helpful and impartial manner. The
Contractor's collection employees will be required to follow the regular walk
for pedestrians while on private property. No trespassing by employees will
be permitted, nor crossing property of neighboring premises unless residents
or owners of both such properties shall have given permission. Care shall be
taken to prevent damage to property, including cans, carts, racks, trees,
shrubs, flowers and other plants.
15.4 Employee Uniform Regulations. The Contractor's solid waste collection
employees shall wear a uniform or shirt bearing the company's name.
Lettering stitched on or identifying patches permanently attached to uniform
shirts and jackets will be acceptable. The Contractor shall keep a record of
employee's names and numbers assigned.
15.5 Compliance with State, Federal and Municipal Law. The Contractor
shall comply with all applicable Village, State and Federal laws relating to
wages, hours, and all other applicable laws relating to the employment or
protection of employees, now or hereafter in effect.
15.6 Fair Labor Standards Act. The Contractor is required and hereby agrees
by execution of the Contract to pay all employees not less than the Federal
minimum wage and to abide by other requirements as established by the
Congress of the United States in the Fair Labor Standard Act as amended and
changed from time to time.
15.7 Other Employee Benefits. Conditions of employment shall be published
and conspicuously posted so all employees may be informed. The Contractor
shall furnish reasonable uniforms, rain gear and safety equipment.
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15.8 Each vehicle operator shall at all times carry a valid Florida Commercial
Driver's License for the type of vehicle that is being driven.
15.9 The Contractor shall provide operating and safety training for all
personnel.
15.10 The Contractor shall, whenever practical, employ its personnel who are
residents of Palm Beach County.
15.11 No person shall be denied employment by the Contractor for reasons
of race, sex, national origin, creed, age, physical handicap, or religion.
15.12 The Contractor shall maintain a Drug Free Workplace policy.
16. CONTRACTOR'S OFFICE
16.1 The Contractor shall provide, at its expense, a suitable office located
within reasonable proximity to the Village. The Contractor shall maintain and
adequately staff a local customer service center and toll-free telephone
number where complaints shall be received, recorded and handled during
normal working hours of each week and shall provide for prompt handling of
emergency complaints and all other calls.
16.2 Notification to Customers. The Contractor shall notify all customers in
writing about complaint procedures, rates, regulations, and the days of
collection.
ARTICLE VI
CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING
17.1 Compensation. The Village shall pay the Contractor compensation for
the performance of services required by the Contract, the sums due based
on the unit prices as listed in the Exhibit II, subject to any increases or
deductions as provided under the Contract. The Contractor's Unit Price
Schedule for all Collections hereunder shall include transportation costs. The
Contractor shall submit an invoice by the loth of each month for services
rendered during the preceding month, and payments will be made to the
Contractor within 30 days upon receipt and verification of the invoice
submitted. If the Village chooses to pay the Contractor's invoice via a credit
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card, then the Village agrees to pay a convenience fee for such transaction.
Currently, the convenience fee is $9.99 per transaction (and there is a $50,000
limit for each transaction).
17.2 Billing Procedures. Billing arrangements for the various service types are
summarized as follows:
Service Tvpe Customer Billed By
Solid Waste Collection
- Residential, including Multiple Dwelling Units
and Mobile Homes Village
- Commercial Contractor
Vegetative Waste Collection
- Residential, including Multiple Dwelling Units
and Mobile Homes Village
Recyclable Materials Collection
- Residential, including Multiple Dwelling Units
and Mobile Homes Village
- Commercial Contractor
Container Rental
- Residential Contractor
- Commercial Contractor
On the first day of each month the Contract payment(s) for all services
hereunder shall be adjusted to correspond with the number of existing or new
buildings, and the demolition of old buildings. The adjustment made on the
first day of each month shall be for buildings either occupied or demolished
during the second month preceding the adjustments; for example, any
change which is made on June 1 of any year will be for buildings occupied
or demolished in April of the subject year. Any existing unit shall be considered
unoccupied whenever the Village has temporarily terminated water service,
at the customer's request only. Any new unit shall be considered to be
occupied when a certificate of occupancy has been issued and water
service has been provided to the unit's occupant(s). Proof of demolition shall
be demolition permits issued by the Building Division. The number of units shall
be reviewed not less than semi-annually by the Village and the Contractor.
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Any adjustment as a result of this review shall be reflected on the next invoice
from the Contractor. No adjustment shall be made to the prior months'
invoices due to an incorrect count of units.
17.3 Disposal Costs. Residential and commercial Solid Waste Disposal Costs
shall be separated from residential and commercial Collection service costs.
Residential Disposal Costs will be part of the special assessment billed by the
Solid Waste Authority of Palm Beach County except as otherwise provided in
this Contract. The Contractor will be given a disposal credit for each
residential unit as calculated by the Solid Waste Authority; however, the
Village agrees to bill new units for the period of time the residence is not on
the SWA's Role and reimburse the Contractor monthly. The non-assessed
portion of the commercial disposal costs will be the responsibility of the
Contractor to bill the commercial customers as part of the service charge (see
exhibit 11) billed by the Contractor. The Contractor shall pay the SWA for all
solid waste disposal costs incurred for disposing of all solid waste at the SWA's
Disposal Facilities except for the portion of disposal costs, which have been
separately assessed by the SWA. Any changes in non-assessed portion of
commercial disposal costs will be reflected in the service charge billed by the
Contractor.
17.4 Unusual Chances or Costs. The Contractor may petition the Village
to adjust the rates in Exhibit II based upon unusual and unanticipated
increases in the cost of doing business, including but not limited to a change
in law or regulation ("Change in Law"). Any such request shall be supported
by full documentation establishing the increase in operating costs and the
reasons therefor. The Village shall be entitled to audit the Contractor's
financial and operational records directly related to the Contractor's request
in order to verify the increase in costs and the reasons therefor.
"Change in Law" means (1) the adoption, or modification after the date of this
Agreement of any law, regulation, order, statute, ordinance, or rule that was
not adopted, promulgated, or modified on or before the date of this
Agreement, or (ii) the imposition of any material conditions in connection with
the issuance, renewal, or modification of any permit, license, or approval after
the date of this Agreement , which in the case of either (1) or (ii) establishes
requirements affecting the Contractor's operation under this Agreement
more burdensome than the requirements that are applicable to Contractor
and in effect as of the date of this Agreement. A change in any federal,
State, county, or other tax law or workers compensation law shall not be a
Change of Law. However, in the event that a federal, state or local entity
imposes a fee, charge or tax after the date of this Contract that applies to
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the Contractor's operations per se, such fee, charge or tax shall be treated
as a Change in Law.
The Contractor's request must be made within ninety (90) days of the
occurrence of such unusual change or cost, and shall contain substantial
proof and justification, as determined by the Village Manager, to support the
need for the rate adjustment. The Village Manager may request from the
Contractor, and the Contractor shall provide, such further information as may
be reasonably necessary in making its determination. The Village Manager
shall approve or deny the request, in whole or in part, within sixty (60) days of
receipt of the request and all other additional information required by the
Village Manager.
The Village may request to adjust the rates in Exhibit II based upon unusual
and unanticipated decreases in the cost of doing business, including but not
limited to a Change in Law or regulation. Any such request shall be supported
by full documentation establishing the decrease in operating costs and the
reasons therefor. The Village Manager shall meet with the Contractor to seek
an agreement regarding the Village's request. In the event that an
agreement cannot be reached after good faith negotiations, the Village
Manager shall set a hearing date before the Village Council for resolution of
the matter. At such hearing the Contractor shall have the right to present
evidence, witnesses and shall be heard on the matter.
17.5 Consumer Price Index and other Adjustments. Compensation
payable to the Contractor for Collection Services shall be adjusted annually
to reflect 100% of the change in the Water, Sewer and Trash Collection index.
On October 1 St of 2019 and each October 1 St thereafter during the term of this
Agreement, the rates for Residential, Commercial and Roll-off Solid Waste
Collection shall be adjusted to reflect any increase in the United States Water,
Sewer, and Trash Collection (WST), publicly published monthly by the Bureau
of Labor Statistics (as CUUROOOOSEHG), during the previous year due to
inflation and economic conditions. Specifically, in Exhibit II, the Collection
portion of the Rates shall be adjusted by an amount that is equal to the
percentage change in the Water, Sewer, and Trash Collection (WST) CPI,
publicly published monthly by the Bureau of Labor Statistics (as
CUUROOOOSEHG), during the most recent previous twelve consecutive month
period beginning on April 1 and ending on March 31 .
The annual adjustment may not exceed 5.75%.
17.6 Level and Type of Service for Collection of Other Wastes. Where the
Contractor agrees to collect Special Waste or Sludge, a written agreement
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between the Contractor and the customer shall be entered into regarding
the level and type of service to be provided, at a rate to be negotiated
between the parties involved. However, upon failure of the parties to reach
such an agreement for commercial services only, either party may apply to
the Village Manager, who shall establish the level and type of services to be
provided, including the area of the container and number of pickups per
week. All such collection and disposal for those types of waste in this section,
when done by the Contractor, shall be in strict compliance with all Federal,
State, and Local laws and regulations.
17.7 Other Considerations.
(1) No additional customer charges (other than outlined above) will
be imposed for services described in this Contract.
(2) For purposes of this Contract the commercial solid waste disposal
conversion factor is presently 134 pounds per cubic yard and based on the
current tipping fee of$42.00 per ton which may change from time to time and
upon completion of commercial waste generation study conducted by the
Solid Waste Authority of Palm Beach County, the conversion factor/tipping
fee may be adjusted accordingly.
(3) Contractors are required to containerize waste on the respective
job site(s) utilizing a Waste Management, Inc. of Florida container.
ARTICLE VII
CONTRACT PERFORMANCE/PENALTIES/DEFAULT
18. CONTRACT PERFORMANCE
18.1 The Contractor's performance of the Contract shall be supervised by
the Village Manager or his/her designee. If at any time during the life of the
Contract, performance reasonably satisfactory to the Village Manager or
his/her designee shall not be made, the Contractor, upon notification by the
Village Manager or his/her designee shall increase the force, tools and
equipment as needed to properly perform the Contract. The failure of the
Village Manager or his/her designee to give such notification shall not relieve
the Contractor of his obligation to perform the work at the time and in the
manner specified by the Contract.
18.2 The Contractor shall furnish the Village Manager or his/her authorized
representative with every reasonable opportunity for ascertaining whether or
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not the work being G& performed is in accordance with the requirements of
the Contract.
18.3 The Village Manager may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time, and the
Contractor shall admit authorized representatives of the Village to make such
inspections at any reasonable time and place.
18.4 The failure of the Village at any time to require performance by the
Contractor of any provision thereof shall in no way affect the right of the
Village thereafter to enforce same. Nor shall waiver by the Village of any
breach of provisions hereof taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
19. COOPERATION/COORDINATION
19.1 The Village and its authorized representatives shall be permitted free
access and every reasonable facility for the inspection of all work, equipment
and facilities of Contractor.
19.2 The Contractor shall cooperate with authorized representatives of the
Village in every reasonable way in order to facilitate the progress of the work
contemplated under this Contract. The Contractor shall have at all times a
competent and reliable English speaking representative on duty authorized
to receive orders and to act for him in the case of his absence.
20. COMPLAINTS AND COMPLAINT RESOLUTION
20.1 Office. The Contractor shall establish an office within reasonable
proximity to the Village where complaints can be received. The office shall
be equipped with sufficient telephones with at least one local telephone
number, and shall be open during normal business hours, 8:00 o'clock a.m. to
5:00 o'clock p.m... Monday through Friday. An emergency after hour's
telephone number and contact will be provided to the Village Manager or
his/her designee.
20.2 Complaints. The Contractor shall prepare and maintain, in
accordance with a format and method approved by the Village Manager or
his/her designee, a register on all complaints, and shall indicate thereon the
disposition of each complaint. Such record shall be available for Village
inspection at all times during business hours. The form shall indicate the day
and hour on which the complaint was received and the day and hour on
which it was resolved. Normal complaint resolution shall occur within 48 hours.
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When a complaint is received after 12:00 o'clock noon on the day preceding
a holiday, or on a Saturday, it shall be serviced no later than the next working
day. A monthly listing of all the complaints filed from -af both residential and
commercial customers and their disposition shall be mailed monthly to the
Village Manager. All disputes regarding service shall be handled by the
Manager and his/her decision shall be final. Valid monthly complaints should
not exceed 1%of customers served, nor a total of 2% per year. A fine of$50.00
per valid customer complaint exceeding these percentages may be
assessed against the Contractor. Disputes shall be referred to the Village
Manager and his/her decision shall be final.
20.3 Disputes about Collection of Certain Items. It is recognized that disputes
may arise between the Village and the Contractor with regard to the
collection of certain items due to disputes over the specific language of the
Contract. The Village Manager may from time to time notify the Contractor
by telephone to remove all such refuse. Should the Contractor fail to remove
the refuse within twenty-four (24) hours from time of notification, the Village
will do so and all costs incurred by the Village shall be deducted from
compensation due the Contractor. Notice of the amount deducted shall be
given to the Contractor. If it is reasonably determined that disputed refuse
did not conform to Contract specification, the Contractor shall be entitled to
additional compensation for removal.
21. DEFAULT AND DISPUTE OF THE AGREEMENT
It shall be the duty of the Village Manager or his/her designee to observe
closely the Contractor's services pursuant to the Contract. Material breach
of the Contract shall be caused if any of the following events of default occur
and material breach shall not be limited to said events of default.
21 .1 The Contractor takes the benefits of any present or future insolvency
statute, or shall make a general assignment for the benefit of creditors, or file
a voluntary petition in bankruptcy, or a petition or answer seeking an
arrangement for its reorganization, or the readjustment of its indebtedness
under the Federal Bankruptcy laws or under any other law or statute of the
United States, or any state thereof, or consent to the appointment or a
receiver, trustee, or liquidator of all or substantially all of its property; or,
21 .2 By order or decree of a court, the Contractor shall be adjudged
bankrupt, or an order shall be made approving a petition filed by any of its
creditors or by any of the Stockholders of the Contractor seeking its
reorganization or the readjustment of its indebtedness under Federal
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Bankruptcy laws or under any law or statute of the United States or of any
state thereof; provided that, if any such judgment or order is stayed or
vacated within sixty (60) days after the entry thereof, any notice of Contract
cancellation from the Village shall be and become null, void, and of no
effect; or,
21 .3 By or pursuant to or under authority of any legislative act, resolution, or
rule, or any order or decree of any court of governmental board, agency, or
officer having jurisdiction, a receiver, trustee, or liquidator shall take possession
or control of all or substantially all of the property of the Contractor, and such
possession of control shall continue in effect for a period of sixty (60) days; or,
21 .4 The Contractor shall voluntarily abandon, desert, or discontinue its
operations hereunder; or,
21 .5 Any lien is filed against any premises in the Village because of any act
or omission of the Contractor and is not removed or the Village and
landowner adequately secured, by bond or otherwise, within ninety (90) days
after the Contractor has received written notice thereof; or,
21 .6 The Contractor has abandoned, failed, or refused to perform or
observe each and every promise in the Contract, or has failed or refused to
comply with the instructions of the Village Manager relative thereto; and such
default is not cured within seven (7) days after receipt of written notice from
the Village. If the Contractor fails to so cure the default, the Village Manager
shall so notify the Village Council and a public hearing shall be set for a date
within fifteen (15) days of such notice. The Village Manager shall, not less than
five (5) days prior to the date of such hearing, notify the Contractor and the
surety of the date and place of the public hearing at which the Contractor
shall be required to show cause why the Contractor has not breached the
terms of the Contract. Should the Contractor fail to appear at the hearing or
fail to show cause why it has not breached the terms of the Contract to the
reasonable satisfaction of the Village, the Village shall declare a breach on
the Contract and notify the Contractor and the surety on the performance
bond of such a declaration of breach, or authorize the Village Manager to
take such other appropriate action.
If the Contractor or his surety fails to cure such breach within a reasonable
time thereafter, then the Village may thereupon declare the Contract
canceled. Also, upon such a declaration of breach, all payments due the
Contractor shall be retained by the Village and applied to the completion of
the Contract and to damages suffered and expenses incurred by the Village
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by reason of such breach, unless the surety on the performance bond shall
assume the Contract, in which event all payments remaining due to the
Contractor at the time of breach, less amount due the Village from the
Contractor and less all sums due the Village for damages suffered and
expenses incurred by reason of such default, shall be due and payable to
such surety. Thereafter, such surety shall receive monthly payments equal to
those that would have been paid to the Contractor had said Contractor
continued to perform the agreement. If such surety fails to exercise such
option to cure, the Village may complete the Contract or any part thereof,
either by day labor or by re-letting the Contract, and the Village shall have
the right to take possession of and use any or all of the vehicles, materials,
equipment, facilities, and property of every kind provided by the Contractor
for the performance of the Contract and to procure other vehicles of the
same and to charge the cost of the same to the Contractor, together with
the costs incident thereto. During such period, the liability of the Village to the
Contractor for loss or damage to such equipment so used shall be that of a
bailee for hire, ordinary wear and tear being specifically exempt from such
liability. In the event the Village completes the Contract at a lesser cost than
would have been payable to the Contractor under the Contract if the same
had been fulfilled by said Contractor, then the Village shall retain such
difference. Should such cost to the Village be greater, the Contractor shall
be liable for and pay the amount of such excess cost to the Village.
Any transfer or assignment of the responsibilities of the Contractor by the
surety must be approved by the Village. The Contractor shall be excused
from performance in cases of war, insurrection, riot, acts of God, or other
causes beyond the Contractor's control. For the purpose of this section, a
strike shall be considered within the control of the Contractor.
21 .7 Except as otherwise provided in the Contract, any dispute concerning
a question of fact or of interpretation of a requirement of the Contract which
is not disposed of by mutual consent between the Parties shall be decided by
the Village Manager, who shall reduce the decision to writing and furnish a
copy thereof to the Parties. In connection with any dispute proceeding under
this clause the party shall be afforded an opportunity to be heard and to offer
evidence in support of its version of the facts and interpretation of the
Contract. The Village Manager shall make such explanation as may be
necessary to complete, explain or make definite the provisions of the
Contract and the findings and conclusions shall be final and binding on both
Parties. Pending the final decision of a dispute, the Contractor shall proceed
diligently with the performance of the Contract in accordance with the
preliminary directions of the Village Manager.
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The Contractor expressly recognizes the paramount right and duty of the
Village to provide adequate waste collection as a necessary government
function, and further agrees, in consideration for the execution of the
Contract, that in the event the Village shall invoke the provisions of this
section, the Contractor will either negotiate with the Village for an adjustment
of the matter or matters in dispute, or present the matter to a court of
competent jurisdiction with venue in Palm Beach County in an appropriate
suit therefore instituted by the Contractor or by the Village.
22. RIGHT TO REQUIRE PERFORMANCE
The failure of the Village at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the
Village thereafter to enforce the same, nor shall waiver by the Village of any
breach of any provision hereof be taken or held to be a waiver of any
succeeding breach of such provisions, or as a waiver of any provision itself.
ARTICLE VIII
GENERAL.. FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES
The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinances and maintain the same in full force and effect.
24. TITLE TO WASTE
The Village reserves the right at all times to hold title and ownership to all
Refuse, Vegetative Waste or Recyclable Materials collected by the
Contractor.
25. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
The Contractor currently uses a subcontractor for special valet type collection
services. A list of subcontractors will be provided to the Village. The
Contractor shall make no assignment of its rights or obligations under the
Contract without first obtaining the written consent of the Village, which may
be granted or withheld in its sole discretion.
26. BONDS AND SURETIES
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26.1 Performance Bond. The Contractor shall furnish a performance bond
in the form attached to these Specifications as security for the performance
of the Contract with the Village. Said performance bond will be the greater
of $500,000 or the annual amount of the executed Contract as calculated at
award and adjusted yearly on the anniversary date of the Contract, to remain
in force for the duration of the Contract. The premium for the performance
bond described above shall be paid by the Contractor. The performance
bond shall be written by a surety company licensed to do business in the State
of Florida with an A.M. Best Financial Rating of A Class VI or higher for the most
current calendar year available.
26.2 Requirements as to Surety. The Surety or Sureties shall be a company or
companies satisfactory to the Village. Any Surety shall be required to have a
resident agent in the State of Florida and shall be duly licensed to conduct
business therein. The requirement of Florida resident agent may be waived
by the Village if evidence satisfactory to the Village is provided that
applicable requirements have been met to permit service of process on a
State official under State law.
27. INSURANCE REQUIREMENTS
27.1 Contractor Insurance. During the life of the Contract, the Contractor
shall procure, maintain and provide the Village with certificates of insurance
as evidence of the insurance required under this Section 28. The Village shall
be an additional insured (except on Worker's Compensation) on this
insurance with respect to all claims arising out of the operations or work to be
performed. Cancellation or modification of said insurance shall not be
effected without thirty (30) days prior written notice to Village.
Except as otherwise stated, the amounts and types of insurance provided by
the Contractor shall conform to the following minimum requirements:
27.1 .2 Worker's Compensation. The Contractor shall provide and maintain
during the life of the Contract, at its own expense, Workers Compensation
Insurance coverage to apply for all employees for statutory limits in
compliance with the applicable state and federal laws. In addition, the
policy must include employers' liability insurance in an amount not less than
$100,000 each accident, $100,000 by disease and $500,000 aggregate by
disease. If any operations are to be undertaken on or about navigable
waters, coverage must be included pursuant to the Longshoremen and
Harbor Workers Act and the Jones Act.
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27.1 .3 Comprehensive General Liability. The Contractor shall provide and
maintain during the life of the Contract, at its own expense Comprehensive
General Liability Insurance. Coverage must be afforded on a form no more
restrictive than the latest edition of the Comprehensive General Liability Policy
filed by the Insurance Services Office and must include:
Minimum limits of $1, 000,000 per occurrence combined single limit for bodily
injury liability and property damage liability; and
Premises and/or operations; and
Independent contractors; and
Products and/or completed operations.
The contractual coverage must specify that it covers the Hold Harmless
Agreement which is part of this contract.
27.1 .4 Business Automobile Policy. The Contractor shall provide and maintain
during the life of the Contract, at its own expense, Comprehensive
Automobile Liability Insurance. Coverage must be afforded on a form no
more restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and must include:
Minimum limits of $1 ,000,000 per occurrence combined single limit for bodily
injury liability and property damage liability; and
Owned vehicles; and
Hired and non-owned vehicles.
The contractual coverage must specify that it covers the Hold Harmless
Agreement which is part of this Contract.
27.1 .5 Umbrella Liability. In addition to the above limits, the Contractor shall
provide at least a $5,000,000 umbrella or excess liability insurance policy.
27.2 Certificate of Insurance. Certificates of all insurance required from the
Contractor shall be subject to the Village's approval for adequacy and
protection. Certificates from the insurance carrier stating the types of
coverage provided, limits of liability, and expiration dates, shall be filed with
the Village before operations are commenced. The required certificates of
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Agenda Item #14.
insurance shall not only name the types of policies provided, but shall also
refer specifically to this agreement and section and the above paragraphs,
in accordance with which such insurance is being furnished, and shall state
that such insurance is as required by such paragraphs of the Contract. If the
initial insurance expires prior to the completion of the work, renewal
certificates shall be furnished, in ten (10) days prior to expiration, and shall
state that such insurance is as required by such paragraphs of this agreement.
28. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable Federal, State and
local laws and regulations. It is understood that the Village has ordinances for
effecting a solid waste control program. It is the responsibility of the
Contractor to become familiar with such ordinances, and it is understood
that, if any provisions of said ordinances are in conflict with the conditions of
the Contract, the ordinances shall be the governing factor for performances
of the Contract.
29. INDEMNIFICATION
The Contractor hereby agrees to protect, defend, indemnify and hold
harmless the Village, its officers, agents and employees from and against any
and all suits, actions, legal proceedings, claims, demands, damages, costs
and expenses, including those related to the award of costs and attorney's
fees, against the Village, its officers, agent and employees, by a third party
for loss or damage of any nature or kind arising out of or resulting from the
negligent acts or omissions, willful misconduct or breach of any law or
provision of this Contract by the Contractor, its officers, agents, employees,
servants or contractors (specifically including subcontractors), except to the
extent that such loss or damage was caused by the negligent acts or
omissions, willful misconduct, or breach of any law or provision of this Contract
by the Village, its officials, agents or employees. In connection with any legal
proceedings arising hereunder, the Village reserves the right to retain counsel
of its choice and at its own expense, or, in the alternative, approve counsel
obtained by the Contractor.
30. BOOKS AND RECORDS
The Contractor shall maintain separate records of accounts, complaints,
routes and other Contract information specific to the Village's contract area.
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The Village shall have the right to review all records that pertain to the
Contract which are maintained by the Contractor upon three (3) days' prior
written notice.
31. NOTICES
Any notice required hereunder shall be in writing and delivered in person, by
telecopy or by certified mail to either Party at its business address shown
herein.
32. TERMINATION
The Contract may be terminated by the Village, with cause, upon sixty (60)
days written notice to the Contractor, or after such shorter notice and cure
period as may be specified hereunder. In the event the Contract is
terminated as provided herein, the Contractor shall be reasonably
compensated for services rendered to the effective date of such termination,
as mutually agreed upon.
33. WAIVER
The waiver of any breach of any provision hereunder by either Party shall not
be deemed to be a waiver of any preceding or subsequent breach
hereunder.
34. GOVERNING LAW
This Contract shall be construed in accordance with the laws of the State of
Florida. Venue for resolution of any dispute regarding this Contract shall be in
Palm Beach County.
35. SEVERABILITY
If any paragraph, section, sentence, clause or phrase contained in this
Contract shall become illegal, null or void or against public policy, for any
reason, or shall be held by any court or administrative body of competent
jurisdiction to be illegal, null or void or against public policy, the remaining
paragraphs, sections, sentences, clauses or phrases contained in this
Contract shall not be affected thereby.
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36. FORCE MAJEURE
If either Party is prevented from or delayed in performing its duties under this
Contract by circumstances beyond its control, whether or not foreseeable,
including, without limitation, fires, typhoons, hurricanes, severe weather,
floods, volcanic eruption, pandemics, quarantines, war, civil disturbances,
acts of terrorism, labor disputes, acts of God, or significant threats of such
circumstances, or any future laws, rules, regulations, orders, or acts of any
local, state, federal, or provincial government ("Force Majeure"), then the
affected Party shall be excused from performance hereunder during the
period of such disability. The Party claiming Force Majeure shall promptly
notify the other Party when it learns of the existence of a Force Majeure
condition and when the Force Majeure condition has terminated. Notwith-
standing anything in this Agreement to the contrary, the term "Force Majeure"
does not include and a Party shall not be excused from performance under
this Agreement, for events relating to strike or other organized labor protest,
increased costs, including, without limitation, increased costs of fuel, labor,
insurance or other expenses of performing the Services hereunder.
37. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL
Pursuant to Article XII of the Palm Beach County Charter, the Office of the
Inspector General has jurisdiction to investigate municipal matters, review
and audit municipal contracts and other transactions, and make reports and
recommendations to municipal governing bodies based on such audits,
reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector
general's functions, authority, and power. The inspector general has the
power to take sworn statements, require the production of records, and to
audit, monitor, investigate and inspect the activities of the Village, as well as
contractors and lobbyists of the Village in order to detect, deter, prevent, and
eradicate fraud, waste, mismanagement, misconduct, and abuses.
38. E-VERIFY ELIGIBILITY
The Contractor warrants and represents that it is in compliance with Section
448.095, Florida Statutes, as may be amended. The Contractor shall: (1 )
register with and use the E-Verify System (E-Verify.gov) to electronically verify
the employment eligibility of all newly hired workers; and (2) verify that all of
the Contractor's sub-contractors performing the duties and obligations of this
Contract are registered with and use the E-Verify System to electronically
verify the employment eligibility of all newly hired workers. The Contractor shall
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obtain from each of its sub-contractors an affidavit stating that the sub-
contractor does not employ, contract with, or subcontract with an
Unauthorized Alien, as that term is defined in Section 448.095(1 )(k), Florida
Statutes, as may be amended. The Contractor shall maintain a copy of any
such affidavit from a sub-contractor for, at a minimum, the duration of the
subcontract and any extension thereof. This provision shall not supersede any
provision of this Contract which requires a longer retention period. The Village
shall terminate this Contract in accordance with Section 5. above if it has a
good faith belief that the Contractor has knowingly violated Section
448.09(1 ), Florida Statutes, as may be amended. If the Contractor has a good
faith belief that the Contractor's sub-contractor has knowingly violated
Section 448.09(1 ), Florida Statutes, as may be amended, the Village shall
notify the Contractor to terminate its contract with the sub-contractor and
the Contractor shall immediately terminate its contract with the sub-
contractor. In the event of such contract termination, the Contractor shall be
liable for any additional costs incurred by the Village as a result of the
termination.
39. SCRUTINIZED COMPANIES
For Contracts under $1 M, the Contractor certifies that it is not on the
Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes, and that it is not engaged in a boycott of Israel. The
Village may terminate this Contract at the Village's option in accordance
with Section 5. above if the Contractor is found to have submitted a false
certification as provided under Section 287.135(5), Florida Statutes, if the
Contractor has been placed on the Scrutinized Companies that Boycott Israel
List created pursuant to Section 215.4725, Florida Statutes, or if the Contractor
is engaged in a boycott of Israel. For Contracts over $1M, the Contractor
certifies that it is not on the Scrutinized Companies with Activities in Sudan List,
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or the Scrutinized Companies that Boycott Israel List created pursuant to
Section 215.4725, Florida Statutes. The Contractor further certifies that it is not
engaged in a boycott of Israel, and that it does not have business operations
in Cuba or Syria, as similarly provided in Section 287.135, Florida Statutes. The
Village may terminate this Contract at the Village's option in accordance
with Section 5. above if the Contractor is found to have submitted a false
certification as provided under Section 287.135(5), Florida Statutes, or if the
Contractor has been placed on one of the aforementioned lists created
pursuant to Section 215.4725, Florida Statutes. Additionally, the Village may
terminate this Contract at the Village's option in accordance with Section 5.
above if the Contractor is engaged in a boycott of Israel or has been
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engaged in business operations in Cuba or Syria, as defined in Section
287.135, Florida Statutes.
40. PUBLIC RECORDS
In accordance with Sec. 1 19.0701 , Florida Statutes, the Contractor must keep
and maintain this Contract and any other records associated therewith and
that are associated with the performance of the work described in the
Proposal or Bid. Upon request from the Village's custodian of public records,
the Contractor must provide the Village with copies of requested records, or
allow such records to be inspected or copied, within a reasonable time in
accordance with access and cost requirements of Chapter 119, Florida
Statutes. A Contractor who fails to provide the public records to the Village,
or fails to make them available for inspection or copying, within a reasonable
time may be subject to attorneys fees and costs pursuant to Sec. 119.0701 ,
Florida Statutes, and other penalties under Sec. 119.10, Florida
Statutes. Further, the Contractor shall ensure that any exempt or confidential
records associated with this Contract or associated with the performance of
the work described in the Proposal or Bid are not disclosed except as
authorized by law for the duration of the Contract term, and following
completion of the Contract if the Contractor does not transfer the records to
the Village. Finally, upon completion of the Contract, the Contractor shall
transfer, at no cost to the Village, all public records in possession of the
Contractor, or keep and maintain public records required by the Village. If
the Contractor transfers all public records to the Village upon completion of
the Contract, the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the Contract, the Contractor shall meet all applicable
requirements for retaining public records. Records that are stored
electronically must be provided to the Village, upon request from the Village's
custodian of public records, in a format that is compatible with the Village's
information technology systems.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119., FLORIDA STATUTES., TO THE CONTRACTOR'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT., PLEASE
CONTACT THE VILLAGE CLERK., RECORDS CUSTODIAN FOR THE
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VILLAGE.. AT (561) 768-0685t OR AT IrncwiIIiarns@tequesta.,org,.. OR
AT 345 TEQUESTA DRIVE., TEQUESTA., FLORIDA 33469.
41. ENTIRE AGREEMENT
This Contract constitutes the entire agreement between the Parties relating to
the subject matter hereof, and supersedes any oral or written representations,
assurances, claims or disclaimers made either prior to or simultaneous with the
execution hereof. This Contract may be amended only by an instrument in
writing signed by both Parties.
IN WITNESS WHEREOF, the Village and the Contractor have set their hands and seals
on the day and year first above written to this Contract and three counterparts,
each of which shall constitute an original.
ATTEST: VILLAGE OF TEQUESTA
Lori McWilliams, MMC, Village Clerk Molly Young, Mayor
Dated:
[VILLAGE SEAL]
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ATTEST: WASTE MANAGEMENT, INC. OF FLORIDA
Corporate Secretary Area Vice President
Dated:
[CORPORATE SEAL]
EXHIBIT
MUNICIPAL COLLECTION AND DISPOSAL SERVICE
MUNICIPAL COLLECTION SERVICE
The Contractor will provide containers and garbage receptacles to be serviced by
the Contractor in the following Village-owned or controlled areas:
Village Hall: 345 Tequesta Drive
Public Safety: 357 Tequesta Drive
Tequesta Park: 2280 County Line Road
Constitution Park/ Recreation Center: 399 Seabrook Rd.
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Public Service Center: 136 Bridge Road
Village Water Plant: Old Dixie Highway
SPECIAL EVENTS
A maximum of eight (8) special events annually sponsored by the Village which
requires refuse and sanitation services such as:
Village Concerts
Village Shred events (two per year)
Holiday events
Beach Clean ups
Youth Programs
Fundraising events (e.g. Chili cook-off, Hannah's Home)
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EXHIBIT II
REFUSE, MULTI-MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION RATES
SECTION 1: Residential Solid Waste, Recycling and Vegetative Waste Collection
Service
The monthly residential rate per dwelling unit for collection prescribed in the
attached Contract shall be as shown below:
Unit Cost
Per Month
Automated Service- Single Family Residences
Solid Waste Curbside - two (2) times per week: $7.47
Vegetative Curbside - two (2) times per week: $4.20
Recycling Curbside - one (1) time per week: $7.53
Automated Service- Single Family Residential Total Monthly Cost: $19.20
Automated Service- Multiple Dwelling Units
Solid Waste Curbside - two (2) times per week: $7.47
Vegetative Curbside - two (2) times per week: $4.20
Recycling Curbside - one (1) time per week: $7.53
Automated Service- Multi-Family Residential Total Monthly Cost: $19.20
Automated Service- Mobile Home Units
Solid Waste Curbside - two (2) times per week: $7.47
Vegetative Curbside - two (2) times per week: $4.20
Recycling Curbside - one (1) time per week: $7.53
Automated Service- Mobile Home Residential Total Monthly Cost: $19.20
Solid Waste Back Door Carry-Out Rates
Disability Certified by Doctor- Solid Waste Only: $0.00
No Disability, Customer Convenience-Solid Waste Only: Rate negotiated
with customer
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Mechanical Container Serviced Multiple Dwelling Units
Containerized Collection - two (2) times per week:
Containerized Collection in excess of two (2) times
per week is billed by the Contractor to the responsible
association / HOA / POA / etc. at the rate of: $10.09 Per Cubic
Yard
In addition to the above rates, customers may own or rent Mechanical Containers
by separate agreement with the Contractor.
SECTION 2: Commercial Collection Service
The monthly commercial rate per commercial customer for collection prescribed in
the attached Contract shall be as shown below:
Unit Cost
Per Cubic Yard
Solid Waste & Recycling Collection Services $*10.09
(Includes container rental and ancillary services)
Non Roll-off Compactor Collection $*14.76
Unit Cost
Per Pull
Open- top Roll-off Service $300.00 per
pull/plus disposal
Roll-off Compactor Collection $375.00
Pull/plus disposal
*The above rate is a fixed rate per cubic yard for collection only. Actual customer
prices for various container sizes and frequency of service may be calculated as
follows:
Container size X frequency of collection per week X collection rate per cubic yard
X 4.33 weeks per month plus the non-assessed disposal costs based on 134 pounds
per cubic yard X the current tipping fee of $42.00 per ton or 2.81 per cubic yard (as
set by the Solid Waste Authority of Palm Beach County).
42
Page 144 of 265
Agenda Item #14.
RESOLUTION NO. 15-24
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, ADOPTING THE REFUSE, RECYCLING AND
YARD WASTE COLLECTION RATES FOR FISCAL YEAR ENDING
SEPTEMBER 30, 2025 AND AUTHORIZING THE VILLAGE MANAGER
TO PROCEED IN ACCORDANCE WITH THE VILLAGE'S ADOPTED
PROCEDURES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.;
WHEREAS,the Village Council adopts annual refuse,recycling and yard waste collection
rates of$233.40 for Fiscal Year Ending September 30, 2025;
WHEREAS,the Fiscal Year Ending September 30, 2025 rates represent a 21.6%increase
from the prior year or$41.52 per year and;
WHEREAS,the refuse,recycling and yard waste rates are to be adopted by resolution and
transmitted to the Palm Beach County Property Appraiser as part of a uniform method of
assessment of these rates by the Village of Tequesta;
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1 The Village Council hereby adopts the following rates to be effective
October 1, 2024 for Fiscal Year Ending September 30, 2025 and authorizes the Village
Manager to proceed on behalf of the Village in order to provide for their uniform
assessment:
• Total Single-Family Annual Rate for all collection services
(refuse/recycling/yard waste) _ $233.40
• Total Multi-Family Annual Rate for all collection services
(refuse/recycling/yard waste) _ $233.40
Section 2 This Resolution shall become effective immediately upon passage.
Page 145 of 265
Agenda Item #14.
J Tyler Pugh
350 Beach Road #502
Tequesta, FL 33469
July 12, 2024
The Village of Tequesta
Financial Management Office
345 Tequesta Drive
Tequesta, FL 33469
Re: Non-ad Valorem Solid Waste assessment
Gentlemen:
I have received notice of the proposed non-ad valorem solid waste assessment. I object!
The assessment, as proposed, is not to exceed $233.40 per residential unit. This assessment
is without consideration of how or who uses that address and therefore without consideration
of how my occupancy impacts the solid waste authority. Moreover, my assessment is
scheduled to be the maximum for any residential unit, $233.40. That is patently unfair and
unequal taxation.
I am a widower, living alone in a condominium, and that unit is only occupied six months each
year. .The proposed "tax" at the full maximum allowed is the same for my residence as a full
twelve month resident living in a much larger house and potentially with 2, 3, or more residents
who would have significantly more impact on solid waste disposal than me. I would expect
that any tax would be proportional, and this tax is clearly not proportional and clearly not equal.
It is an unfairly distributed tax, and again, I OBJECT!
Sincerely,
r
J Tyler ugh
Page 146 of 265
Agenda Item #14.
From: Utilities <utilities@tequesta.org>
Sent: Monday,July 22, 2024 6:48 AM
To:Jeffery Snyder<jsnyder@tequesta.org>
Subject: FW: written objection to proposed adopting waste service authority to adopt the non-ad valorem assesment
rates 2025 tax year and thereafter parcel ID: 60-42-40-25-09-000-0070, parcel legal description: Ridgewood Homes LT 7
From: diana bradley<dianabradley41@hotmail.com>
Sent: Saturday,July 20, 2024 5:53 PM
To: Utilities<utilities@teguesta.org>
Subject: [EXTERNAL] written objection to proposed adopting waste service authority to adopt the non-ad valorem
assesment rates 2025 tax year and thereafter parcel ID: 60-42-40-25-09-000-0070, parcel legal description: Ridgewood
Homes LT 7
WARNING: This email originated from outside of our organization. Please be cautious and do not click on
links or open attachments unless you recognize the sender and know the content is safe.
.,, -.. ., � ,..., +,. .. ,n.,:yim:;esw zrxrmrraanxraaaazrazz:xrrarisxx rasicrzam»taxi,,,rr�caroax�a+;xiiire.sunwrc�r.,>.r�,xr�iarvcyiiseuim•;r•:rrram;:�ma�.;;eryrrri:r��»nr zmx�xsxr„xri�zrrsxrmnu:;x�rezvv�.ri.�,xzr<vr.-.vrerrrnnax>ai�a:w>ixra.nrn<sr'.exrirr.z;.rirraiesssnzHiar^raarrisx;:mza.rr✓.✓.;amnrr,erirz>azor�.rz>,sxrr✓ozrwr.»�.:xurana^�>rurzacrir�ic�;z.�ira�,
nrrcmwnzr,.»�..roiarszxsxas,.z.,am�.a�r.a�,r mx i«a.�.urr<»...✓r�wvr iwzr�<�szrarara�✓.nr✓aozyaaKv,.ra.ax✓m..x�e7,m ri.a�,'rr�.,nii,�,sr•..eu^a ruximr e
Hello, please consider this our written objection to proposed adopting waste service authority to adopt the non-ad valorem assesment
rates 2025 tax year and thereafter Thank you.
Fredric& Diana Bradley
2
Page 147 of 265
Agenda Item #14.
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Page 148 of 265