HomeMy WebLinkAboutAgreement_General_08/10/2017 (2) SOLID WASTE
AND
RECYCLABLE COLLECTION
SERVICES AGREEMENT
BETWEEN
THE VILLAGE OF TEQU ESTA
AND
WASTE MANAGEMENT, INC. OF FLORIDA
s
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
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9. SCHEDULE AND ROUTES 12
9.3 Storm 12
9.4 Holidays 13
10. COLLECTION EQUIPMENT 13
11 . SPECIAL WASTE, HAZARDOUS WASTE, BIOHAZARDOUS WASTE,
BIOLOGICAL WASTE AND SLUDGE 14
ARTICLE III SERVICES TO BE PERFORMED BY THE CONTRACTOR - RECYCLING
12. DESCRIPTION OF THE WORK 14
12.2 Frequency of Collection 15
12.3 Hours of Collection 15
12.4 Point of Pickup of Recyclable Materials 15
12.5 Receptacles 15
12.6 Method of Collection of Recyclable Materials 16
12.7 Schedules and Routes 16
12.8 Equipment 16
12.9 Holidays 17
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION 17
ARTICLE IV SERVICES TO BE PERFORMED BY THE CONTRACTOR-VEGETATIVE WASTE
COLLECTION
14. DESCRIPTION OF WORK 17
14.2 Frequency of Collection 17
14.3 Hours of Collection 18
14.4 Point of Pickup of Vegetative Waste 18
14.5 Preparation of Vegetative Waste for Collection 18
14.6 Method of Collection of Vegetative Waste 18
14.7 Routes 18
14.8 Equipment 19
14.9 Holidays 19
ARTICLE V QUALITY OF SERVICE
15. CONTRACTOR'S PERSONNEL 19
15.1 Contractor's Officer(s) 19
15.2 Dangerous Animals and Refuse Collection 20
15.3 Conduct of Employees 20
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15.4 Employee Uniform Regulations 20
15.5 Compliance with State, Federal and Municipal Law 20
15.6 Fair Labor Standards Act 20
15.7 Other Employee Benefits 20
16. CONTRACTOR'S OFFICE 21
16.2 Notification to Customers 21
ARTICLE VI CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING 21
17.1 Compensation 21
17.2 Billing Procedures 22
17.3 Disposal Costs 23
17.4 Unusual Changes or Costs 23
17.5 Consumer Price Index and other Adjustments 24
17.6 Level and Type of Service for Collection
of Other Wastes 24
17.7 Other Considerations 25
ARTICLE VII CONTRACT PERFORMANCE/PENALTIES/DEFAULT
18. CONTRACT PERFORMANCE 25
19. COOPERATION/COORDINATION 26
20. COMPLAINTS AND COMPLAINT RESOLUTION 26
20.1 Office 26
20.2 Complaints 26
20.3 Disputes about Collection of Certain Items 27
21 . DEFAULT AND DISPUTE OF THE AGREEMENT 27
22. RIGHT TO REQUIRE PERFORMANCE 30
ARTICLE Vill GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES 30
24. TITLE TO WASTE 30
25. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL 30
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26. BONDS AND SURETIES 31
26.1 Performance Bond 31
26.2 Requirements as to Surety 31
27. INSURANCE REQUIREMENTS 31
27.1 Contractor Insurance 31
27.1 .2 Worker's Compensation 31
27.1 .3 Comprehensive General Liability 32
27.1 .4 Business Automobile Policy 32
27.1 .5 Umbrella Liability 32
27.2 Certificate of Insurance 32
28. COMPLIANCE WITH LAWS AND REGULATIONS 33
29. INDEMNIFICATION 33
30. BOOKS AND RECORDS 34
31 . NOTICES 34
32. TERMINATION 34
33. WAIVER 34
34. GOVERNING LAW 34
35. SEVERABILITY 34
36. FORCE MAJEURE 35
37. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL 35
38. PUBLIC RECORDS 35
39. ENTIRE AGREEMENT 37
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EXHIBIT I - MUNICIPAL COLLECTION AND DISPOSAL SERVICES 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 ltd 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
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 TERMS
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.
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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.
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 eF AaFeeMeRt 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.
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4.12 Department Shall mean the Florida Department of Environmental
Protection.
4.13 Designated Facility Shall mean a permitted disposal processing,
recovery, recycling or transfer facility.
4.14 Disposal Costs Shall mean the "tipping fees", landfill costs or processing
fees charged to the Contractor by others for disposal of the waste collected
by the Contractor.
4.15 Garbage Shall mean all putrescible waste which generally includes
but is not limited to kitchen and table food waste, animal, vegetative, food
or any organic waste that is attendant with or results from the storage,
preparation, cooking or handling of food materials whether attributed to
residential or commercial activities. Vegetative Waste shall not be
commingled with Garbage in the same collection. Garbage shall not
include any material that falls within the definition of Special Waste.
4.16 Garbage Receptacle Shall mean 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.
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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.
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 Reaulations Shall mean regulations prescribed by the Village
together with such administrative rules, regulations and procedures as may
be established for the purpose of carrying out or making effective the
provision of this contract.
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4.28 Residential Service Shall mean the Refuse, Recycling and Vegetative
Waste collection service provided to single family dwelling units, individual
mobile homes, and Multiple Dwelling Units within the Village.
4.29 Sludge Shall mean the accumulated solids, residues, and precipitates
generated as a result of waste treatment or processing, including
wastewater treatment, water supply treatment, or operation of an air
pollution control facility, and mixed liquids and solids pumped from septic
tanks, grease traps, privies, or similar waste disposal appurtenances. The
definition of the term "sludge" shall be amended upon any amendment of
that term as it is defined in Section 403.703, F.S. as amended from time to
time.
4.30 Solid Waste Shall mean Garbage, rubbish, Refuse, Special Waste, and
other discarded materials, but only to the extent such materials are of the
type and consistency that may be lawfully accepted at the designated
disposal facility under applicable law.
4.31 Sipecial Waste Shall mean solid wastes that require special handling
and management, and which are not accepted at a landfill or other
disposal facility or which are accepted at a landfill or other disposal facility
at higher rates than is charged for refuse, including, but not limited to,
asbestos, whole tires, used oil, lead-acid batteries, and Bio hazardous
wastes. The definition of the term "special waste" shall be amended upon
any amendment of that term as it is defined in Section 403.703, F.S. as
amended form time to time.
4.32 Trash Shall mean all refuse, accumulation of paper, excelsior, rags,
wooden or paper boxes and containers, sweepings, broken toys, tools,
utensils, and all other accumulations of a similar nature other than Garbage,
which are usual to housekeeping and to the operation of stores, offices and
other business places, but shall not include Vegetative Waste.
4.33 Uniform Level of Service Shall mean any and all Garbage and Trash,
whether commercial or residential, which conforms to the preparation and
storage requirements of this contract, and is collected in accordance with
Village approved schedules.
4.34 Vegetative Waste Shall mean any vegetative matter resulting from
yard and landscaping maintenance and shall include materials such as tree
and shrub materials, grass clippings, palm fronds, Christmas trees, tree
branches and similar other matter usually produced as refuse in the care of
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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 determining the impact of such legislation on its operation.
5.3 The Contractor shall provide, at its 4is 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 Adiacent 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.
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.
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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 Pickur) 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.
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For those residents who, by reason of their disability, certified by a doctor
and approved by the Village, are unable to place Garbage receptacles at
the curb, collection will be from the rear door or other accessible location
adjacent to the residence, and shall be replaced when empty.
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 ll),
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
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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.
6.1 .6 Vacant Lots. The Contractor shall atse 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
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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.
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 &e44 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
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appropriate by the Village Manager or his/her designee (such as J.T.A.A.
softball games, beach clean-ups, etc.).
9. SCHEDULES AND ROUTES
9.1 The Contractor shall provide the Village with schedules for all
collection routes and keep such information current at all times. Any
proposed changes in route schedules must be pre-approved and the
Village shall be immediately notified in writing a minimum of 30 days in
advance. The Village Manager shall approve all permanent changes in
routes or schedules that alter the day of pickup. Upon approval of the
Village Manager, the Contractor shall utilize door to door notices as well as
publish in a newspaper of general circulation in Palm Beach County at least
seven (7) days prior to the effective date of such route or schedule changes.
The cost of publication shall be borne solely by the Contractor.
9.2 The Village reserves the right to deny the Contractor's vehicles access
to certain streets, alleys and public ways inside the Village en route to the
disposal site where it is in the interest of the general public to do so because
of the condition of the streets or bridges. The Contractor shall not interrupt
the regular schedule or quality of service because of street closures of less
than eight (8) hours in duration. The Village shall notify the Contractor of
street closures of longer duration and arrangements for service will be made
in a manner satisfactory to the Contractor and the Village. Customers under
this contract shall receive reasonable notification of the schedules provided
by the Contractor prior to commencement of service. Only local truck
routes shall be used in transit, unless specifically for the purpose of collection.
NOTE: The Contractor's attention is directed to the fact that at times during
the year, the quantity of Refuse to be disposed of is materially increased by
the influx of visitors. This additional load will not be justification for the
Contractor to fail to maintain the required collection schedules and routes.
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
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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 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
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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 e 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.
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
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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
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the public of frequent stops. All vehicles shall be numbered and a record
kept of the vehicle to which each number is assigned. No advertising shall
be permitted on vehicles except that approved by the Village.
12.9 Holidays. The Contractor will not provide service on the following
holidays: Thanksgiving and Christmas Day. Residential Recyclable Materials
not collected on Thanksgiving shall be collected on the next scheduled
recycling collection service day. Residential Recyclable Materials not
collected on Christmas Day shall be collected on the next scheduled solid
waste collection day when possible, but not later than the next scheduled
Recyclable Materials collection day.
13. PROMOTION: PUBLIC RELATIONS AND EDUCATION
The Village and the Contractor will share responsibility for the promotion of
the recycling programs. The Village and the Contractor will cooperate in
the design of promotional events and educational programs and the
preparation of promotional materials such as door hangers and/or flyers for
public distribution; however, the Village's contribution shall be subject to
budget, review and approval by the Village. The Contractor will distribute
written information to the residential participants on a periodic basis and
assist with preparation of the Annual Grant report. The Contractor further
agrees to conduct presentations for schools, civic groups, homeowners
associations and other appropriate citizens groups.
ARTICLE IV
SERVICES TO BE PERFORMED BY THE CONTRACTOR -
VEGETATIVE WASTE COLLECTION
14. DESCRIPTION OF WORK
14.1 The Contractor shall provide Vegetative Waste collection and
disposal within the limits of the Village. The Contractor shall have the
exclusive right to provide Vegetative Waste collection and disposal service
within the Village in accordance with the specifications herein. Landscape
maintenance 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.
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14.3 Hours of Collection. Collection shall begin no earlier than 7:00 o'clock
a.m. and shall cease not later than 7:00 o'clock p.m.; provided that in the
event of emergency or unforeseen circumstances, collection may be
permitted at a time not allowed by this section following approval by the
Village Manager or designee.
14.4 Point of Pickup of Vegetative Waste. Collection of Vegetative Waste
shall be at curbside or other such locations as will provide ready accessibility
to the Contractor's collection crew and vehicle. In the event an
appropriate location cannot be agreed upon, the Village Manager or
his/her designee shall designate the location.
14.5 Preparation of Vegetative Waste for Collection. The Contractor shall
pick up all Vegetative Waste generated from residential units as follows:
Vegetative Waste shall be placed adjacent to the edge of pavement or
traveled way of the street. Small or loose Vegetative Waste should be
bundled or containerized. Large materials or accumulations of Vegetative
Waste will be collected by mechanical means (clamshell) at least one time
per week. The Contractor may place a notification tag on accumulations
that require clamshell collection to advise the customer how and when the
service will occur.
In the event of a dispute between the Contractor and a customer as to
what constitutes Vegetative Waste, the situation will be reviewed and
decided by the Village Manager or his/her designee, whose decision shall
be final.
14.6 Method of Collection of Vegetative Waste. The Contractor shall make
collections with a minimum of noise and disturbance to Village residents 449.
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
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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 Eauipment. 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
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
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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 Dancierous 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 Emplovees. 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 Reaulations. The Contractor's solid waste collection
employees shall wear a uniform or shirt bearing the company's name.
Lettering stitched on or identifying patches permanently attached to
uniform shirts and jackets will be acceptable. The Contractor shall keep a
record of employee's names and numbers assigned.
15.5 Compliance with State, Federal and Municipal Law. The Contractor
shall comply with all applicable Village, State and Federal laws relating to
wages, hours, and all other applicable laws relating to the employment or
protection of employees, now or hereafter in effect.
15.6 Fair Labor Standards Act. The Contractor is required and hereby
agrees by execution of the Contract to pay all employees not less than the
Federal minimum wage and to abide by other requirements as established
by the Congress of the United States in the Fair Labor Standard Act as
amended and changed from time to time.
15.7 Other Employee Benefits. Conditions of employment shall be
published and conspicuously posted so all employees may be informed.
The Contractor shall furnish reasonable uniforms, rain gear and safety
equipment.
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15.8 Each vehicle operator shall at all times carry a valid Florida
Commercial Driver's License for the type of vehicle that is being driven.
15.9 The Contractor shall provide operating and safety training for all
personnel.
15.10 The Contractor shall, whenever practical, employ its personnel who
are residents of Palm Beach County.
15.11 No person shall be denied employment by the Contractor for reasons
of race, sex, national origin, creed, age, physical handicap, or religion.
15.12 The Contractor shall maintain a Drug Free Workplace policy.
16. CONTRACTOR'S OFFICE
16.1 The Contractor shall provide at its expense, a suitable office located
within reasonable proximity to the Village. The Contractor shall maintain
and adequately staff a local customer service center and toll-free
telephone number where complaints shall be received, recorded and
handled during normal working hours of each week and shall provide for
prompt handling of emergency complaints and all other calls.
16.2 Notification to Customers. The Contractor shall notify all customers in
writing about complaint procedures, rates, regulations, and the days of
collection.
ARTICLE VI
CHARGES, RATES, AND LEVEL OF SERVICE
17. PAYMENT AND BILLING
17.1 Compensation. The Village shall pay the Contractor compensation
for the performance of services required by the Contract, the sums due
based on the unit prices as listed in the Exhibit II, subject to any increases or
deductions as provided under the Contract. The Contractor's Unit Price
Schedule for all Collections hereunder shall include transportation costs. The
Contractor shall submit an invoice by the loth of each month for services
rendered during the preceding month, and payments will be made to the
Contractor within 30 days upon receipt and verification of the invoice
submitted.
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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 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.
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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 Chances or Costs. The Contractor may petition the Village
to adjust the rates in Exhibit II based upon unusual and unanticipated
increases in the cost of doing business, including but not limited to a change
in law or regulation ("Change in Law"). Any such request shall be supported
by full documentation establishing the increase in operating costs and the
reasons therefor. The Village shall be entitled to audit the Contractor's
financial and operational records directly related to the Contractor's
request in order to verify the increase in costs and the reasons therefor.
"Change in Law" means (1) the adoption, or modification after the date of
this Agreement of any law, regulation, order, statute, ordinance, or rule that
was not adopted, promulgated, or modified on or before the date of this
Agreement, or (ii) the imposition of any material conditions in connection
with the issuance, renewal, or modification of any permit, license, or
approval after the date of this Agreement , which in the case of either (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
24
such an agreement for commercial services only, either party may apply to
the Village Manager, who shall establish the level and type of services to be
provided, including the area of the container and number of pickups per
week. All such collection and disposal for those types of waste in this
section, when done by the Contractor, shall be in strict compliance with all
Federal, State, and Local laws and regulations.
17.7 Other Considerations.
(1 ) No additional customer charges 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 9 performed is in accordance with the requirements
of the Contract.
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18.3 The Village Manager may appoint qualified persons to inspect the
Contractor's operation and equipment at any reasonable time, and the
Contractor shall admit authorized representatives of the Village to make
such inspections at any reasonable time and place.
18.4 The failure of the Village at any time to require performance by the
Contractor of any provision thereof shall in no way affect the right of the
Village thereafter to enforce same. Nor shall waiver by the Village of any
breach of provisions hereof taken or held to be a waiver of any succeeding
breach of such provision or as a waiver of any provision itself.
19. COOPERATION/COORDINATION
19.1 The Village and its authorized representatives shall be permitted free
access and every reasonable facility for the inspection of all work,
equipment and facilities of Contractor.
19.2 The Contractor shall cooperate with authorized representatives of the
Village in every reasonable way in order to facilitate the progress of the work
contemplated under this Contract. The Contractor shall have at all times a
competent and reliable English speaking representative on duty authorized
to receive orders and to act for him in the case of his absence.
20. COMPLAINTS AND COMPLAINT RESOLUTION
20.1 Office. The Contractor shall establish an office within reasonable
proximity to the Village where complaints can be received. The office shall
be equipped with sufficient telephones with at least one local telephone
number, and shall be open during normal business hours, 8:00 o'clock a.m.
to 5:00 o'clock p.m., Monday through Friday. An emergency after hour's
telephone number and contact will be provided to the Village Manager or
his/her designee.
20.2 Complaints. The Contractor shall prepare and maintain, in
accordance with a format and method approved by the Village Manager
or his/her designee, a register on all complaints, and shall indicate thereon
the disposition of each complaint. Such record shall be available for Village
inspection at all times during business hours. The form shall indicate the day
and hour on which the complaint was received and the day and hour on
which it was resolved. Normal complaint resolution shall occur within 48
hours. 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
26
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 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
27
vacated within sixty (60) days after the entry thereof, any notice of Contract
cancellation from the Village shall be and become null, void, and of no
effect; or,
21 .3 By or pursuant to or under authority of any legislative act, resolution, or
rule, or any order or decree of any court of governmental board, agency, or
officer having jurisdiction, a receiver, trustee, or liquidator shall take
possession or control of all or substantially all of the property of the
Contractor, and such possession of control shall continue in effect for a
period of sixty (60) days; or,
21 .4 The Contractor shall voluntarily abandon, desert, or discontinue its
operations hereunder; or,
21 .5 Any lien is filed against any premises in the Village because of any act
or omission of the Contractor and is not removed or the Village and
landowner adequately secured, by bond or otherwise, within ninety (90)
days after the Contractor has received written notice thereof; or,
21 .6 The Contractor has abandoned, failed, or refused to perform or
observe each and every promise in the Contract, or has failed or refused to
comply with the instructions of the Village Manager relative thereto; and
such default is not cured within seven (7) days after receipt of written notice
from the Village. If the Contractor fails to so cure the default, the Village
Manager shall so notify the Village Council and a public hearing shall be set
for a date within fifteen (15) days of such notice. The Village Manager shall,
not less than five (5) days prior to the date of such hearing, notify the
Contractor and the surety of the date and place of the public hearing at
which the Contractor shall be required to show cause why the Contractor
has not breached the terms of the Contract. Should the Contractor fail to
appear at the hearing or fail to show cause why it has not breached the
terms of the Contract to the reasonable satisfaction of the Village, the
Village shall declare a breach on the Contract and notify the Contractor
and the surety on the performance bond of such a declaration of breach,
or authorize the Village Manager to take such other appropriate action.
If the Contractor or his surety fails to cure such breach within a reasonable
time thereafter, then the Village may thereupon declare the Contract
canceled. Also, upon such a declaration of breach, all payments due the
Contractor shall be retained by the Village and applied to the completion
of the Contract and to damages suffered and expenses incurred by the
Village by reason of such breach, unless the surety on the performance
28
bond shall assume the Contract, in which event all payments remaining due
to the Contractor at the time of breach, less amount due the Village from
the Contractor and less all sums due the Village for damages suffered and
expenses incurred by reason of such default, shall be due and payable to
such surety. Thereafter, such surety shall receive monthly payments equal to
those that would have been paid to the Contractor had said Contractor
continued to perform the agreement. If such surety fails to exercise such
option to cure, the Village may complete the Contract or any part thereof,
either by day labor or by re-letting the Contract, and the Village shall have
the right to take possession of and use any or all of the vehicles, materials,
equipment, facilities, and property of every kind provided by the Contractor
for the performance of the Contract and to procure other vehicles of the
same and to charge the cost of the same to the Contractor, together with
the costs incident thereto. During such period, the liability of the Village to
the Contractor for loss or damage to such equipment so used shall be that
of a bailee for hire, ordinary wear and tear being specifically exempt from
such liability. In the event the Village completes the Contract at a lesser
cost than would have been payable to the Contractor under the Contract if
the same had been fulfilled by said Contractor, then the Village shall retain
such difference. Should such cost to the Village be greater, the Contractor
shall be liable for and pay the amount of such excess cost to the Village.
Any transfer or assignment of the responsibilities of the Contractor by the
surety must be approved by the Village. The Contractor shall be excused
from performance in cases of war, insurrection, riot, acts of God, or other
causes beyond the Contractor's control. For the purpose of this section, a
strike shall be considered within the control of the Contractor.
21 .7 Except as otherwise provided in the Contract, any dispute concerning
a question of fact or of interpretation of a requirement of the Contract
which is not disposed of by mutual consent between the Parties shall be
decided by the Village Manager, who shall reduce the decision to writing
and furnish a copy thereof to the Parties. In connection with any dispute
proceeding under this clause the party shall be afforded an opportunity to
be heard and to offer evidence in support of its version of the facts and
interpretation of the Contract. The Village Manager shall make such
explanation as may be necessary to complete, explain or make definite the
provisions of the Contract and the findings and conclusions shall be final and
binding on both Parties. Pending the final decision of a dispute, the
Contractor shall proceed diligently with the performance of the Contract in
accordance with the preliminary directions of the Village Manager.
29
The Contractor expressly recognizes the paramount right and duty of the
Village to provide adequate waste collection as a necessary government
function, and further agrees, in consideration for the execution of the
Contract, that in the event the Village shall invoke the provisions of this
section, the Contractor will either negotiate with the Village for an
adjustment of the matter or matters in dispute, or present the matter to a
court of competent jurisdiction with venue in Palm Beach County in an
appropriate suit therefore instituted by the Contractor or by the Village.
22. RIGHT TO REQUIRE PERFORMANCE
The failure of the Village at any time to require performance by the
Contractor of any provisions hereof shall in no way affect the right of the
Village thereafter to enforce the same, nor shall waiver by the Village of any
breach of any provision hereof be taken or held to be a waiver of any
succeeding breach of such provisions, or as a waiver of any provision itself.
ARTICLE VIII
GENERAL, FINANCIAL AND INSURANCE REQUIREMENTS
23. PERMITS AND LICENSES
The Contractor shall obtain, at its own expense, all permits and licenses
required by law or ordinances and maintain the same in full force and
effect.
24. TITLE TO WASTE
The Village reserves the right at all times to hold title and ownership to all
Refuse, Vegetative Waste or Recyclable Materials collected by the
Contractor.
25. SUBCONTRACTORS, ASSIGNMENT AND CHANGE OF CONTROL
The Contractor currently uses a subcontractor for 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.
30
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 Reauirements as to Surety. The Surety or Sureties shall be a company
or companies satisfactory to the Village. Any Surety shall be required to
have a resident agent in the State of Florida and shall be duly licensed to
conduct business therein. The requirement of Florida resident agent may be
waived by the Village if evidence satisfactory to the Village is provided that
applicable requirements have been met to permit service of process on a
State official under State law.
27. INSURANCE REQUIREMENTS
27.1 Contractor Insurance. During the life of the Contract, the Contractor
shall procure, maintain and provide the Village with certificates of insurance
as evidence of the insurance required under this Section 28. The Village shall
be an additional insured (except on Worker's Compensation) on this
insurance with respect to all claims arising out of the operations or work to
be performed. Cancellation or modification of said insurance shall not be
effected without thirty (30) days prior written notice to Village.
Except as otherwise stated, the amounts and types of insurance provided by
the Contractor shall conform to the following minimum requirements:
27.1 .2 Worker's Compensation. The Contractor shall provide and maintain
during the life of the Contract, at its own expense, Workers Compensation
Insurance coverage to apply for all employees for statutory limits in
compliance with the applicable state and federal laws. In addition, the
policy must include employers' liability insurance in an amount not less than
$100,000 each accident, $100,000 by disease and $500,000 aggregate by
disease. If any operations are to be undertaken on or about navigable
31
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
32
protection. Certificates from the insurance carrier stating the types of
coverage provided, limits of liability, and expiration dates, shall be filed with
the Village before operations are commenced. The required certificates of
insurance shall not only name the types of policies provided, but shall also
refer specifically to this agreement and section and the above paragraphs,
in accordance with which such insurance is being furnished, and shall state
that such insurance is as required by such paragraphs of the Contract. If the
initial insurance expires prior to the completion of the work, renewal
certificates shall be furnished, in ten (10) days prior to expiration, and shall
state that such insurance is as required by such paragraphs of this
agreement.
28. COMPLIANCE WITH LAWS AND REGULATIONS
The Contractor hereby agrees to abide with all applicable Federal, State
and local laws and regulations. It is understood that the Village has
ordinances for effecting a solid waste control program. It is the responsibility
of the Contractor to become familiar with such ordinances, and it is
understood that, if any provisions of said ordinances are in conflict with the
conditions of the Contract, the ordinances shall be the governing factor for
performances of the Contract.
29. INDEMNIFICATION
The Contractor hereby agrees to protect, defend, indemnify and hold
harmless the Village, its officers, agents and employees from and against
any and all suits, actions, legal proceedings, claims, demands, damages,
costs and expenses, including those related to the award of costs and
attorney's fees, against the Village, its officers, agent and employees, by a
third party for loss or damage of any nature or kind arising out of or resulting
from the negligent acts or omissions, willful misconduct or breach of any law
or provision of this Contract by the Contractor, its officers, agents,
employees, servants or contractors (specifically including subcontractors),
except to the extent that such loss or damage was caused by the negligent
acts or omissions, willful misconduct, or breach of any law or provision of this
Contract by the Village, its officials, agents or employees. In connection
with any legal proceedings arising hereunder, the Village reserves the right
to retain counsel of its choice and at its own expense, or, in the alternative,
approve counsel obtained by the Contractor.
33
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
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
34
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 learns of the existence of a Force Majeure
condition and when the Force Majeure condition has terminated. Notwith-
standing anything in this Agreement to the contrary, the term "Force
Majeure" does not include and a Party shall not be excused from
performance under this Agreement, for events relating to strike or other
organized labor protest, increased costs, including, without limitation,
increased costs of fuel, labor, insurance or other expenses of performing the
Services hereunder.
37. PALM BEACH COUNTY OFFICE OF INSPECTOR GENERAL
Pursuant to Article XII of the Palm Beach County Charter, the Office of the
Inspector General has jurisdiction to investigate municipal matters, review
and audit municipal contracts and other transactions, and make reports
and recommendations to municipal governing bodies based on such audits,
reviews, or investigations. All parties doing business with the Village shall fully
cooperate with the inspector general in the exercise of the inspector
general's functions, authority, and power. The inspector general has the
power to take sworn statements, require the production of records, and to
audit, monitor, investigate and inspect the activities of the Village, as well as
contractors and lobbyists of the Village in order to detect, deter, prevent,
and eradicate fraud, waste, mismanagement, misconduct, and abuses.
38. PUBLIC RECORDS
In accordance with Sec. 119.0701 , Florida Statutes, the Contractor must
keep and maintain this Contract and any other records associated
35
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 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
lmcwilliams@teauesta.org, OR AT 345 TEQUESTA DRIVE, TEQUESTA,
FLORIDA 33469.
36
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
nf� 610U' Pi �
Lori McWilliams, MMC, Village Clerk Ailag
Br nn n, Mayor
Da
` O F
[VILLAGE SEAL] ,vQ, P
3 ,INFO AL
RppRATSO• r`
40
fill lifilk
ATTEST: WASTE MANAGEMENT, INC. OF FLORIDA
/Cor rat Secretary , President
Dated:
[CORPORATE SEAL]
37
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)
38
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
39
Mechanical Container Serviced Multiple Dwelling Units
Containerized Collection - two (2) times per week: $12.29
Containerized Collection in excess of two (2) times
per week is billed by the Contractor to the responsible
association / HOA / POA / etc. at the rate of: $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).
40
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%.