HomeMy WebLinkAboutDocumentation_Regular_Tab 18_08/10/2017 Village of Tequesta
345 Tequesta Drive OF
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Tequesta, FL 33469 �,, www.tequesta.org
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Village Clerk's Office Memorandum
TO: Michael Couzzo,Village Manager
FROM: Lori McWilliams,Village Clerk
DATE: 7/26/17
SUBJECT: Solid Waste and Recyclable Agreement with Waste Management
The Village issued an Invitation to Negotiate for Solid Waste and Recycling Collection Services and
the bid opening was held on May 30, 2017. Three companies responded (Waste Management,
Advanced Disposal and Waste Pro) and subsequently made presentations to the Selection
Committee on June 13,2017. The Selection Committee unanimously ranked Waste Management as
the company to enter into negotiations. The submitted agreement is the result of two negotiation
sessions with the Negotiation Committee where an emphasis was placed on increasing the level of
service to residents while keeping costs low.
Vice-Mayor Vince Arena Mayor Abby Brennan Council Member Tom Patemo
Council Member Steve Okun Council Member Frank D'Ambra
Village Manager Michael Couzzo
SOLID WASTE
AND
RECYCLABLE COLLECTION
SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF TEQUESTA
AND
WASTE MANAGEMENT, INC. OF
FLORIDA
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 11
9. SCHEDULE AND ROUTES 12
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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
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
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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
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
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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
v
EXHIBIT I - MUNICIPAL COLLECTION AND DISPOSAL SERVICES 38
EXHIBIT II - REFUSE, MULTI-MATERIAL RECYCLING AND VEGETATIVE WASTE
COLLECTION RATES 39
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REFUSE, MULTI-MATERIAL RECYCLING AND
VEGETATIVE WASTE COLLECTION AGREEMENT
THIS AGREEMENT ("Contract") is made as of this day of August, 2017, 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 has issued Invitation to Negotiate PW 02-17 for Solid Waste and
Recycling Services; and
WHEREAS, the Village has 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 have successfully negotiated the terms and
conditions of this Contract for the services required by the Invitation to Negotiate.
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.
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
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The work contemplated by this Contract shall commence on October 1, 2017.
3. TERM
3.1 Initial Term. The initial term of this Contract shall be for a period of eight
years beginning October 1, 2017 and ending September 30, 2025.
3.2 Optional Renewal Term. This Contract may be extended by mutual
agreement for one additional five (5) year period. The Contractor must notify the
Village of its desire to extend the Contract on or before January 1, 2025. The
Village will respond to the request for extension no later than March 1, 2025.
4. DEFINITIONS OF-T€RMS
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, 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 Village 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.
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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 ^F gfeef eRt Shall mean this Contract executed by the Village and
the Contractor for the performance of the work.
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.
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4.16 Garbage Receptacle Shall mean any commonly available light gauge steel,
plastic, or galvanized receptacle of a non-absorbent material, closed at one end and
open at the other, furnished with a closely fitted top or lid and handle(s). A
receptacle also includes a heavy duty, securely tied, plastic bag designed for use as
a garbage receptacle. Any receptacle including waste materials shall not exceed
fifty (50) gallons in capacity or fifty (50) pounds in weight, unless designated by
Contractor for special handling or Contractor provided receptacle (mobile cart) in
which case, capacity and weight will be volume-based.
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.
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 Recycling 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.
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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.
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.
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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, 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
detemiining the impact of such legislation on its operation.
5.3 The Contractor shall provide, at its his 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
it's 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.
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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 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,
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collection will be from the rear door or other accessible location adjacent to the
residence, and shall be replaced when empty.
6.1.4 Receptacles. The Contractor shall be required to pick up all Garbage, Trash
and Bulk Trash generated from all residences within the Village which have been
properly prepared and stored for collection as follows:
All Garbage shall be placed in a Garbage can or in such other proper disposal bag
or cart and shall be placed 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.
Usual household Trash shall either be placed in containers where it shall be
collected in the same manner as Garbage or piled at curbside. Non-containerized
Trash 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.
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. Metal and plastic cans shall be inverted with covers placed
topside up on the ground next to the container. Any type receptacle found in a rack,
cart or enclosure of any kind shall be returned upright to such rack, cart or
enclosure and lids shall be placed securely and properly on the top of said
receptacles. 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.
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6.1.6 Vacant Lots. The Contractor shall alss 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 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 use Mechanical
Containers. Mechanical Containers must be properly maintained and kept clean
and sanitary at all times.
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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 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 said 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
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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.
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 adequately and
efficiently perform its contractual duties. 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
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this Contract shall not exceed an average age of seven (7) years and no vehicle
shall exceed a maximum age of ten (10) 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 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 Village 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 recycling services shall
utilize ninety-six (96) gallon mechanical containers to collect Recyclable Materials.
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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 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.
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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 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
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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 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:
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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 the. Any
Vegetative Waste spilled by the Contractor shall be picked up immediately by the
Contractor. 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. Metal and plastic cans shall be inverted with covers
placed topside up on the ground next to the container. Any type receptacle found in
a rack, cart or enclosure of any kind shall be returned upright, to such rack, cart of
enclosure and lids shall be placed securely and properly on the top of said
receptacles.
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 adequately and
efficiently perform its contractual duties. 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
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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(s). 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 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.
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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.
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
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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 10th 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.
17.2 Billing Procedures. Billing arrangements for the various service types are
summarized as follows:
Service Type 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
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of units shall be reviewed not less than semi-annually by the Village and the
Contractor. 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 II) billed by the Contractor. The Contractor
shall pay the SWA Authority 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 Changes 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 (I) 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 (I) 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 the Contractor's operations per se, such fee, charge or tax
shall be treated as a Change in Law.
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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 1st of 2019
and each October 1st 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 3.5%.
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 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.
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17.7 Other Considerations.
(1) No additional customer charges 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 not the
work being as 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
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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. 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
of 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
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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 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
24
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 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.
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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.
The Contractor expressly recognizes the paramount right and duty of the Village to
provide adequate waste collection as a necessary govemment 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
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The Contractor currently uses a subcontractor for clamshell service. 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
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
27
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.
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
28
commenced. The required certificates of 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 goveming 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.
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
29
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.
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 leams of the existence
of a Force Majeure condition and when the Force Majeure condition has terminated.
Notwithstanding anything in this Agreement to the contrary, the term "Force
Majeure" does not include and a Party shall not be excused from performance
30
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. PUBLIC RECORDS
In accordance with Sec. 119.0701, 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 attorney's 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
31
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 VILLAGE, AT (561) 768-
0685, OR AT Imcwilliams(a�tequesta.orq, OR AT 345 TEQUESTA
DRIVE, TEQUESTA, FLORIDA 33469.
39. 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 Abigail Brennan, Mayor
Dated:
[VILLAGE SEAL]
ATTEST: WASTE MANAGEMENT, INC. OF
FLORIDA
32
Corporate Secretary , President
Dated:
[CORPORATE SEAL]
EXHIBIT I
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.
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
Holiday events
Beach Clean ups
Youth Programs
Fundraising events (e.g. Chili cook-off)
33
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
Hand Serviced Single Family Residences
Solid Waste Curbside - two (2) times per week: $6.05
Vegetative Curbside - two (2) times per week: $3.45
Recycling Curbside - one (1) time per week: $2.79
Hand Serviced Single Family Residential Total Monthly Cost: $12.29
Hand Serviced Multiple Dwelling Units
Solid Waste Curbside - two (2)times per week: $6.05
Vegetative Curbside - two (2) times per week: $3.45
Recycling Curbside - one (1) time per week: $2.79
Hand Serviced Multi-Family Residential Total Monthly Cost: $12.29
Hand Serviced Mobile Home Units
Solid Waste Curbside - two (2) times per week: $6.05
Vegetative Curbside - two (2) times per week: $3.45
Recycling Curbside - one (1) time per week: $2.79
Hand Serviced Mobile Home Residential Total Monthly Cost: $12.29
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
Mechanical Container Serviced Multiple Dwelling Units
Containerized Collection - two (2) times per week: $12.29
Containerized Collection in excess of two (2) times
34
per week is billed by the Contractor to the responsible
association / HOA/ POA/ etc. at the rate of: $8.26 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 $8.26*
(Includes container rental and ancillary services)
Non Roll-off Compactor Collection $12.29*
Roll-off Service $259.79 per pull
*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).
35
, K ,v •,r -.3 i � *zy...S+X '4 .' ♦:�
4 {
Waste Management Fees
Year #Customers Price Monthly Amt Yearly Amt
2008 3157 $ 10.92 $ 34,474.44 $ 413,693.28
2009 3157 $ 11.56 5.86% $ 36,494.92 $ 437,939.04
2010 3157 $ 11.35 -1.82% $ 35,831.95 $ 429,983.40
2011 3197 $ 11.40 0.44% $ 36,445.80 $ 437,349.60
2012 3199 $ 12.03 5.53% $ 38,483.97 $ 461,807.64
2013 3198 $ 12.43 3.33% $ 39,751.14 $ 477,013.68
2014 3197 $ 12.58 1.21% $ 40,218.26 $ 482,619.12
2015 3197 $ 12.83 1.99% $ 41,017.51 $ 492,210.12
2016 3197 $ 12.57 -2.03% $ 40,186.29 $ 482,235.48
2017 3197 $ 12.29 -2.23% $ 39,291.13 $ 471,493.56 10Yys $ 4,586,344.92
2018 3197 $ 12.29 0.00% $ 39,291.13 $ 471,493.56
2019 3197 $ 12.29 0.00% $ 39,291.13 $ 471,493.56
2020 3197 $ 12.72 3.50% $ 40,666.32 $ 487,995.83
2021 3197 $ 13.17 3.50% $ 42,089.64 $ 505,075.69
2022 3197 $ 13.63 3.50% $ 43,562.78 $ 522,753.34
2023 3197 $ 14.10 3.50% $ 45,087.48 $ 541,049.70
2024 3197 $ 14.60 3.50% $ 46,665.54 $ 559,986.44
2025 3197 $ 15.11 3.50% $ 48,298.83 $ 579,585.97 8yrs $ 4,139,434.10
2026 3197 $ 15.64 3.50% $ 49,989.29 $ 599,871.48
2027 3197 $ 16.18 3.50% $ 51,738.92 $ 620,866.98
2028 3197 $ 16.75 3.50% $ 53,549.78 $ 642,597.33
2029 3197 $ 17.34 3.50% $ 55,424.02 $ 665,088.23
2030 3197 $ 17.94 3.50% $ 57,363.86 $ 688,366.32 5yrs $ 3,216,790.34
Average increase from 2008 2.31% $ 11,942,569.36 22Yrs $ 11,942,569.36
*** Years 2020-2030 are projected at the maximum increase per contract based on the annual
change In Water,Sewer and Trash Index. This adjustment Is made on 10/1 of each year.
If the index change is up 2%,the increase for the year is 2%.If the index change is up 4%,
the increase for the year Is 3.5%.