HomeMy WebLinkAboutCity of Tamarac Resolution R-2013-058Temp. Reso. # 12355
June 26, 2013
Page 1
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2013 " Jay
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA, APPROVING AN AGREEMENT
WITH SUN-BERGERON SOLID WASTE SERVICES JOINT
VENTURE PROVIDING FOR RECYCLABLE MATERIAL
PROCESSING SERVICES UTILIZING THE AGREEMENT
BETWEEN SOUTHWEST RANCHES AND SUN-BERGERON
SOLID WASTE SERVICES JOINT VENTURE; AUTHORIZING
THE APPROPRIATE CITY OFFICIALS TO EXECUTE SAID
AGREEMENT AND TAKE ALL STEPS NECESSARY TO
EFFECTUATE THE INTENT OF THE RESOLUTION;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, in the mid-1980s, the state and federal governments have discouraged
the use of landfills as the sole method of disposal of solid waste; and
WHEREAS, the State of Florida via The Energy, Climate Change, and Economic
Security Act of 2008 (House Bill 7135) signed into law by former Governor Crist created
Section 403.7032, Florida Statutes, which established a new statewide recycling goal of
75% to be achieved by the year 2020; and
WHEREAS, the City of Tamarac Strategic Goal #5 "A Vibrant Community' directs
the City to take proactive measures to preserve and enhance community appearance and
maintain a safe built environment; and
Temp. Reso. # 12355
June 26, 2013
Page 2
WHEREAS, on March 22, 2013 the Town of Southwest Ranches published IFB 13-
001 ("IFP") for comprehensive solid waste services, including processing of recyclable
materials, hereto attached as Exhibit 1; and
WHEREAS, the Town of Southwest Ranches received submissions from three
vendors, and the Town of Southwest Ranches recommended and approved an Agreement
with Sun -Bergeron Solid Waste Services Joint Venture ("Sun -Bergeron"), a copy of the
Agreement is hereto attached as "Attachment A to Exhibit 2"; and
WHEREAS, City of Tamarac Public Services staff reviewed the IFP and subsequent
Agreement and have determined that the terms and conditions of the Recyclables
Processing Portion of the IFP and Agreement, as well as the proposed net revenue rate;
and
WHEREAS, Sun -Bergeron has agreed in writing that it has the capacity and
capability to honor the terms and conditions of the Agreement with Southwest Ranches
and extend them to the City of Tamarac, as well as agreeing that the "Most Favored
Nations" clause of the Southwest Ranches Agreement are in effect, and that the Program
Recyclables Bid Percentage is currently 45.01 %, a copy of the written confirmation is
hereto attached as "Attachment B to Exhibit 2"; and
Temp. Reso. # 12355
June 26, 2013
Page 3
WHEREAS, City of Tamarac Public Services staff determined the terms, conditions,
and net revenue rate of the Agreement between Southwest Ranches and Sun -Bergeron
would be advantageous to the City; and
4
WHEREAS, Section 6-148 (f) of the Tamarac Procurement Code provides that the
City may purchase goods or services from contracts awarded by other governmental or
not -for -profit entities; and
WHEREAS, the Director of Public Services, and the Purchasing and Contracts
Manager recommend executing an Agreement with Sun -Bergeron Solid Waste Joint
Ventures for Recyclables Processing Services, hereto attached as "Exhibit 2"; and
WHEREAS, the City Commission of the City of Tamarac, deems it to be in the best
interest of the citizens and residents of the City to authorize and execute an Agreement
with Sun -Bergeron Solid Waste Services Joint Venture for Recyclables Processing
Services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA THAT:
Temp. Reso. # 12355
June 26, 2013
Page 4
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All Exhibits attached hereto are hereby incorporated herein and
made a specific part of this resolution.
SECTION 2: The City Commission hereby approves the Agreement between
y
the City of Tamarac and Sun -Bergeron Solid Waste Services Joint Venture, attached
hereto as "Exhibit 2", utilizing terms, conditions and revenue rates provided as a part of the
Town of Southwest Ranches Agreement, and authorizes the appropriate City Officials to
accept and execute the Agreement and to take all steps necessary to effectuate the intent
of this resolution.
SECTION 3:
All Resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 4:
If any clause, section, other part or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in
part or application, it shall not affect the validity of the remaining portions or applications of
this Resolution.
Temp. Reso. # 12355
June 26, 2013
Page 5
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this day of ,2013.
MAYOR
ATTEST:
r.
PATRICIA TEUIERK
L, CMC
INTERIM CITY
RECORD OF COMMISSION VOTE:
MAYOR TALABISCO W-<1
DIST 1: COMM. BUSHNEL r --�
DIST 2: COMM. ATKINS-GRA
DIST 3: COMM. GLASSER
DIST 4: WM DRESSLER Q--�
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
�/SAOUEL t. CEN
CITY ATTORNEY
�X
ADDENDUM #3
"Solid Waste Disposal and Recyclables Processing Services"
IFB #13-003
The Bid due date is extended to April 29, 2013 at 11:00 a.m.
1. Section I.B. Le (p. 4) Will the Town consider allowing Bidders to provide three (3)
references of customers to which it has provided household hazardous waste collection
events as part of a larger, more encompassing contract for solid waste disposal services?
a. Yes.
2. Section I.B. LL (p. 5) How would the Town like the Bidder to document that its facilities
proposed have the capacity to accept the Town's Solid Waste for the Term of the Contract?
a. Bidders shall provide information regarding current disposal capacity, current tonnage
received, as well as expected life of the proposed facilities and any other relevant
information it deems necessary to demonstrate capacity.
3. Section I.B.11(p. 5) Could the Town please define the scope of what constitutes
"outstanding compliance issues"?
a. As stated in Section I.B.1.f.(3 ), Bidders shall provide copies of all notices of violation
and consent orders issued to proposed facilities in the last five (5) years. Additionally,
Bidders shall indicate any outstanding compliance issues by identifying whether any of
these notices of violation. are unresolved and whether the Bidder is in. compliance with. all
consent orders. If. the Town determines the Bidder has not fully disclosed all compliance
issues related to the facilities, the bid will be deemed unresponsive.
4. Section I.B.2.e.(2) (p. 5) How would the Town like the Bidder to document that its facilities
have the capacity to accept the Town's Program Recyclables for the Term of the Contract?
a. Bidders shall provide information regarding current facility throughput and total capacity.
5. Section I.B.2.e.(3) (p. 6) Will the Town please define what constitutes "outstanding
compliance issues" in Section I.B.2.e.(4)?
a. Please refer to Question 3 above.
6. Section I.C. (p. 6) Given the expected volume of questions that will be submitted pertaining
to this Bid and the turnaround time to get answers back to the bidders, will the Town
consider extending the due date of this Bid to allow more accurate responsible and
responsive bid submittals?
a. The Town will extend the bid submission deadline to April 29, 2013 at 11:00 a.m..
7. Section III.A. (p. 8) Will the Town consider making a decision at this moment whether
ancillary services will be included in the contract award?
a. The inclusion of ancillary services in the contract award will. be a policy decision made
by the Town Council. following bid submittals.
8. Section III.B. (p. 8) Is Construction and Demolition Debris exempt from the waste stream
required to be delivered to the designated facility?
a. The Town does not control collection and disposal of construction and demolition (C&D)
debris; therefore, C&D debris processing and disposal. service is not included in this l.FB.
IFB #13-003, Addendum #3 Page 1 of 5
ADDENDUM #3
"Solid Waste Disposal and Recyclables Processing Services"
IFB #13-003
9. Section III.0 (p. 9) states, "Contractor(s) must be able to begin the services outlined in the
IFB on July 3, 2013. In the event that any of the Bidder's designated facilities will not be
operational by July 3, 2013, Bidder must identify interim facilities so that the collection,
processing, and disposal operations of the Town are not impacted during the interim
operation period." Yet, Section I. B.1. c., Page 4 states, "Bidder must have a permitted
facility at which the Town's Solid Waste would be received ("Designated Receiving
Facility"), whether the final disposal facility is a transfer station or a processing facility,
that is located within a thirty (30) mile driving distance of the Town's Town Hall (13400
Griffin Road, Southwest Ranches, FL 33330) and that is or will be operational by or before
the Commencement Date. Bidder shall provide documentation of driving distance. This
appears to be a contradiction. Please clarify.
a. The Designated Receiving Facility does not need to be operational by the
Commencement date; however, any interim facility proposed by a Bidder must be
properly permitted or licensed and located within a thirty (30) mile driving distance of the
Town's Town. Hall (13400 Griffin Road, Southwest Ranches, Fl 33330).
10. Section V. (p.11) Will ancillary services be included in the bid to determine lowest service
fee for disposal services?
a. Please refer. to Question 1 of Addendum #2.
11. Attachment A Draft Agreement Section 3.B.(3) (p. 8) Can the Town explain the method for
measuring the daily average delivery vehicle turnaround time from arrival at Designated
Facility site to exit from the facility site?
a. Daily average turnaround will. be calculated by dividing the total amount of time taken by
all vehicles delivering materials by or on behalf of the Town.. from arrival. at the
Designated Facility, as determined by the scale house ticket, to exit from the facility by
the total number of vehicles delivering Town, materials to that facility on a given day. If
the Contractor uses tare weights such that delivery vehicles are not weighed outbound
and. turnaround time becomes an issue, the Contractor shall be required to weigh all
outbound delivery vehicles so that the average turnaround time can be calculated.
12. Attachment A Draft Agreement Section 3.C. (p. 9) Will the Town consider making a
decision at this moment whether or not to include ancillary services in the final contract?
a. Please refer to Question 7.
13. Attachment A Draft Agreement Section 12.A. (p. 25) Will the Town consider adding the
following language to the last sentence of the Indemnification of Town clause?
"provided, however, CONTRACTOR's indemnification obligation shall not extend to and
CONTRACTOR shall not be liable for any, costs, losses and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals as
well as all Court or other dispute resolution costs), liabilities, expenditures or causes of
action of any kind (including negligent, reckless, willful or intentional acts or omissions of
the TOWN, any TOWN contractor, any public officials, officer, directors, employees,
agents, any person or organization directly or indirectly employed by the TOWN or anyone
for whose acts any of them may be liable), caused by the TOWN's (i) breach of this
Contract, (ii) violation of applicable law, and (iii) the negligent acts or omissions."
IFB #13-003, Addendum #3 Page 2 of 5
ADDENDUM #3
"Solid Waste Disposal and Recyclables Processing Services"
1FB #13-003
a. Section 12.A. of the Draft Agreement in Attachment A is modified to read as follows:
"CONTRACTOR. shall. indemnify, defend, and hold harmless TOWN, TOWN' S
contractors, and the public officials, officers, directors, employees, agents, and other
contractors of each of therm, from and against any and all claims, costs, losses and
damages (including but not limited to all fees and charges of engineers, architects,
attorneys, and. other professionals as well as all Court or other dispute resolution costs),
liabilities, expenditures or causes of action of any kind (including negligent, reckless,
willful or intentional acts or omissions of the CONTRACTOR, any subcontractor, any
supplier, any person or organization directly or indirectly employed by any of them to
perform. or furnish any services or anyone for whose acts any of them. may be liable),
caused by the breach of this Contract, violation. of applicable lave, and the negligent acts
or omissions of the CONTRACTOR in. the performance of this Contract. This
indemnity includes but is not limited to claims attributable to bodily injury, sickness,
disease or death. and to injury or destruction of tangible property; provided, however, that
nothing herein shall be construed to require the CONTRACTOR. to indemnify the TOWN
or other indeimlitee set forth above, for the sole negligence, or willful, wanton or
intentional misconduct of the TOWN or other indenuiitee set forth above."
14. Attachment A Draft Agreement Section 15.A.(7) (p. 29) Will the Town consider removing
from the 1st sentence "or any of the rules and regulations promulgated by the Town
pursuant thereto"
a. In the first sentence of this section, the words ``or any of the rules and regulations
promulgated by the TOWN pursuant thereto" are replaced with "or any of the rules and
regulations promulgated by the TO" pursuant to this Contract."
15. Attachment A Draft Agreement Section 15.C. (p. 30) Will the Town consider revising the
language to make it more equitable for both parties?
a. Please :refer to Question 3 of Addendum #2.
16. Attachment A Draft Agreement Section 16. (p. 30) Will the Town consider removing the
first paragraph, and consider modifying language to reflect that any proposed changes to
the agreement would need to be approved by both parties in writing. The second
paragraph should be amended to be clear that the change in Town code is due to change in
Florida law?
a. Section 1.6 of the DraftAgreement provided in. Attachment A is :revised as follows:
"The TOWN shall have the power to make changes in this Contract as the result of
changes in law, TOE Code, or both to impose new rules and regulations on. the
CONTRACTOR. under this Contract relative to the scope and methods of providing the
service specified. herein as shall from time -to -time be necessary and desirable for the
public welfare. The TOWN shall give the CONTRACTOR notice of any proposed
change and an opportunity to be heard concerning those matters. If a change is required
as a result of an amendment to the TOWN's Code, upon receipt of the proposed change,
CONTRACTOR shall have ten (10) business days to either accept the change or to
terminate this Agreement by providing the TOWN with ninety (90) days written notice of
termination. Failure to provide the TOWN with written notice of termination shall
constitute acceptance of the proposed change. The scope and method of providing
service as referenced herein shall also be liberally construed to include, but they are not
IFB #13-003, Addendum #3 Page 3 of 5
ADDENDUM #3
"Solid Waste Disposal and Recyclables Processing Services"
IFB #13-003
limited to, the manner, procedures, operations and obligations, financial or otherwise, of
the CONTRACTOR.
The TOWN and the CONTRACTOR. understand and agree that the Florida Legislature
has the authority to make comprehensive changes in Solid Waste Management legislation
and that these and other changes in law in the future which mandate certain actions or
programs for counties or municipalities may require changes or modifications in some of
the terms, conditions or obligations under this Contract. The CONTRACTOR. agrees that
the terms and provisions of any TOWN Code of the TOWN related to Solid Waste
services and regulations, as it now exists or as it may be amended in the future as a result
of any changes in the law, shall apply to all of the provisions of this Contract. In the event
any future change in. the TOWN Code materially alters the obligations of the
CONTRACTOR, then the fee established in the Exhibits to this Contract shall be
adjusted. Nothing contained in this Contract shall require any party to perform any act or
function. contrary to law. The TOWN and CONTRACTOR. agree to enter into good faith
negotiations regarding modifications to this Contract which may be required in. order to
implement changes in the interest of the public welfare or due to change in law. When
such modifications are made to this Contract, the TOWN and the CONTRACTOR shall
negotiate in good faith a reasonable and appropriate compensation adjustment for any
increase or decrease in. the services or other obligations required of the CONTRACTOR.
due to any modification in the Contract under this Section. The TOWN and the
CONTRACTOR shall not unreasonably withhold agreement to such compensation
adjustment."
17. Attachment A Draft Agreement Section 22. (p. 31) Will the Town consider revising this
section to be made mutual. Please consider that the parties should agree to use mediation or
arbitration, rather than have it be at the Town's discretion.
a. Section 22 of the :Draft Agreement provided in. Attachment A. is revised as follows:
"In addition to any other remedy provided by law, the parties may agree to use arbitration
or mediation to resolve any controversy or claim arising out of or relating to this
Contract. Any controversy or claim arising out of or relating to this Contract, or breach
thereof., may be settled by arbitration. in accordance with the rules of the American
Arbitration Association and judgment upon the award rendered by the arbitrators may be
entered. in any court having jurisdiction thereof. In the event arbitration is agreed to by
both parties in writing, such controversy or claim shall be submitted to arbitrators
selected from the National Panel of The American Arbitration Association."
18. Attachment A Draft Agreement Section 23. (p. 32) Will the Town consider revising this
section to be made mutual as well? Please consider that failure to require performance by
either party shouldn't be a waiver for any future breach.
a. Section 23 of Attachment A, the Draft Agreement, remains as stated in the IFB.
19. Attachment A Draft Agreement Section 29. (p. 33) Will the Town consider inserting the
following language prior to the last sentence: "Notwithstanding anything to the contrary
contained herein, the CONTRACTOR may assign this Contract to any direct or
indirect affiliate or subsidiary of the CONTRACTOR or to any person or entity
succeeding to all or substantially all of CONTRACTOR's assets (whether by
IFB #13-003, Addendum #3 Page 4 of 5
ADDENDUM #3
"Solid Waste Disposal and Recyclables Processing Services"
IFB #13-003
operation of law, merger, consolidation or otherwise) without the written consent of
the TOWN."
a. Section 29 of the .Draft Agreement in .Attachmen.t A remains as stated in the IFB-
20. Attachment A Draft Agreement Section 39. (p. 35) How could the Contractor comply with
the 75% recycling guarantee if they do not have exclusive control of the entire waste stream
and recyclables are being diverted from the waste stream?
a. Section 39 is replaced as stated. in Question 5 of Addendum #2.
21. Attachment A Draft Agreement Section 39. (p. 35) Given that the State has a goal of
reaching a 75% recycling rate by 2020, would the Town consider adopting a method and/or
plan that the Bidder can implement to assist with reaching this goal rather than imposing a
recycling guaranty?
a. Section 39 is replaced. as stated in Question 5 of Addendum #2.
IFB #13-003, Addendum #3 Page 5 of 5
ADDENDUM #2
"Solid Waste Disposal and Recyclables Processing Services"
IFB #13-003
1. Will the Town award the solid waste disposal contract based solely on the solid
waste disposal bid price or will the award be based on the cumulative bid price for
solid waste disposal and ancillary services?
a. To clarify the award process, Section V. CONTRACT AWARD, third paragraph
is revised as follows:
"The Town reserves the right to award a disposal contract for Solid Waste
disposal only or for Solid Waste disposal and ancillary services (HHW and E-
Waste collection events and Drop -Off Bulk Waste collection events), which will
be a policy decision made by the Town Council. If a disposal contract for Solid
Waste disposal only is to be awarded, the responsive and responsible Bidder with
the lowest fee for Solid Waste disposal services will be recommended for award.
If a disposal contract for Solid Waste disposal and ancillary services is to be
awarded, the responsive and responsible Bidder with the lowest combined fee for
Solid Waste disposal services and ancillary services will be recommended for
award. The responsive and responsible Bidder with the highest recycling revenue
will be recommended for award of a Recyclables processing contract. Final
selection of contractors for contract award is subject to approval by the Town
Council."
2. Will the Town revise Section VII —FORM E, third paragraph, to match the
Eligibility requirements in Section I (B)?
a. Yes, Bidders shall replace Section VII — FORM E with the attached revised
FORM.
3. Will the Town modify or remove Section 15(C) Termination Without Cause?
a. The termination provision remains as stated.
4. Will the Town modify the Insurance requirements listed in Section 11?
a. The insurance requirements are revised as follows:
General Liability
Automobile Liability
Pollution Liability
Worker's Compensation
$110009000/$290009000
$10050001250005000
$150005000/$290009000
Statutory Amount
5. Will the Town modify the Recycling Guaranty requirements listed in Section 39?
a. Section 39, RECYCLING GUARANTY is revised as follows:
CONTRACTOR acknowledges the State's seventy-five percent (75%) recycling
goal, as defined by Chapter 403, Florida Statutes and applicable regulations
promulgated thereunder. In acknowledging the State goal, the CONTRACTOR
shall endeavor to divert, as practically feasible, materials for recycling or
composting from the Solid Waste delivered by or on behalf of the TOWN,
regardless of whether final disposition is a waste -to -energy facility or landfill.
Any such diversion shall be recorded and reported to the TOWN on the monthly
invoices.
Attachment
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM E
BIDDER CONFIRMATION OF QUALIFICATIONS FORM
Company Name
The Contract will be awarded only to a responsible and eligible bidder, qualified by experience
and capable of providing required insurance, and bonds and in a financial position to do the work
specified within the Invitation for Bids, and which can complete the work within the time
schedule specified.
At the time of the bid, the Bidder shall hold all Contractor and other qualification certificates and
licenses required to be held by the Contractor by Florida Statutes or ordinances of the Town of
Southwest Ranches and Broward County in order to perform the work subject of this Invitation
for Bids.
All license, certificate and experience requirements must be met by the Bidder, its Subcontractor,
or its key personnel collectively referred to as Bidder. Bids submitted by Bidders who do not
hold required licenses and certificates or who rely on a Subcontractor to meet the experience
criteria will be rejected. By executing this Form and submitting its Bid, Bidder represents that it
meets the requirements set forth above, and as set forth in the Bid Documents, and acknowledges
and understands that the Town shall be relying on this representation with respect to a contract
award.
Bidder:
Bidder's Name:
Bidder's Address:
Bidder's Phone Number:
Contractor's License and License number(s) (attach copies of license(s) required for the work
described in this IFB):
22
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
State of Florida
County of
The foregoing instrument was acknowledged before me this day of , 20 by
of (Bidder), who is personally
known to me or who has produced as identification and who did (did
not) take an oath.
WITNESS my hand and official seal.
NOTARY Public Records of County, Florida
Notary Signature
Name of Notary Public: (Print, Stamp, or type as Commissioned)
23
5
Town of Southwest Ranches
13400 Griffin Road
Southwest Ranches, FL 33330-2628
(954) 434-0008 Tel., Town Hall
(954) 434-1490 Fax
ADDENDUM #1
"Solid Waste Disposal and Recyclables Processing Services"
IFB # 13-003
1. Name of the company that provides garbage collection for your city?
a. Southem 'Waste Systems
2. Date current contract expires
a. Collection contract expires 9/30/17, with 5 yr renewalat town option
b. Recycling contract with Broward Co Resource Recovery System (RRS) expires
7/2i2013
3. Amount paid annually to current vendor
a. $58.50/ton revenue to town from RRS for residential recyclable materials
b. $57/ton paid to Wbeelabrator WTE for disposal
4. Number of homes in the city?
a. 29468 residential units
b. 96 commercial customers
5. Number of residents in the city?
a. 7,345 per 2010 Census
6. Specific services provided? MSW, and/or yard waste, and/or recycling collection?
a. MSW, recyclables, bulky waste
b. MSW 2x per week
c. Single Stream recyclables 1 x per week
d. Bulky waste every other week (limited to 12 cy/collection)
7. Do they have exclusive rights to commercial accounts within the city as well?
a. Yes.
Juanita Romance
Deputy Clerk
March 28, 2013
1
TOWN OF SOUTHWEST RANCHES, FLORIDA
INVITATION FOR BIDS
SOLID WASTE DISPOSAL
AND RECYCLABLES PROCESSING SERVICES
IFB No.13-003
Date: March 22, 2013
Opening: 11:00 a.m. April 22, 2013
Submit To: Juanita Romance, Deputy Town Clerk
13400 Griffin Road
Southwest Ranches, Florida 33330-2628
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
TABLE OF CONTENTS
I. IFB PROCESS.....................................................................................................................................4
A. Purpose..............................................................................................................................................4
B. Eligibility.......................................................................................................................................... 4
C. Schedule............................................................................................................................................6
D. Bid Submittal•......................►.............................................................................. ►............................• 6
E. Bid Security...................................................................................................................................... 6
F. Questions ........................................................................................................................................... ....................................................................................7
G. Addenda............................................................................................................................................ 7
H. Cone of Silence................................................................................................................................. 7
I. Reserved Rights of the Town............................................................................................................ 7
II. CURRENT SERVICES, FEES, AND TONNAGE............................................................................. 7
III. SCOPE OF SERVICES.................................................................................................................... 8
A. Disposal Services.............................................................................................................................. 8
B. Processing Services...........................................................................................................................9
C. Contract Term................................................................................................................................... 9
D. Other Terms and Conditions............................................................................................................. 9
IV. SUBMITTAL REQUIREMENTS.................................................................................................... 9
A. General Instructions.......................................................................................................................... 9
B. Bid Content.....................................................................................................................................10
V. CONTRACT AWARD......................................................................................................................11
VI. REQUIRED FORMS......................................................................................................................11
A. Bidder Response Form....................................................................................................................11
B. Disposal Fee and Collection Events Fees Price Form....................................................................11
C. Program Recyclables Revenue Form..............................................................................................11
D. Certificate of Authority Forms........................................................................................................11
E. Qualifications Statement.................................................................................................................11
F. Acknowledgement of Addenda.......................................................................................................11
2
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
FB No. 13-003
G. References.......................................................................................................................................11
11
H. Public Entity Crimes............................................................... .......................................................•
I. Drug Free Workplace......................................................................................................................11
J. Non Collusive.................................................................................................................................11
Attachment A Draft Contract
43
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
I. IFB PROCESS
A. Purpose
The Town of Southwest Ranches, Florida, hereinafter referred to as the "Town," is soliciting bids
from responsive and responsible Bidders to provide Solid Waste Disposal Services and
Recyclables Processing Services. The Town reserves the right to award one contract for both
services or to award two contracts, one for each service, depending on what is in the best interest
of the Town. Bidders are not required to bid on both of the services.
The terms used in this Invitation to Bid (IFB) are as defined in the Draft Contract in Attachment
A.
B. Eligibility
To be eligible to respond to this IFB, the Bidder must demonstrate that it, or its subcontractors,
meets the minimum qualification requirements as set forth in this section.
1. Minimum Qualifications to provide Solid Waste disposal services: Bidder must provide
documentation that it meets the following minimum qualifications to provide Solid Waste
disposal services.
a. Bidder or its key personnel must have at least five (5) years experience in providing
disposal services.
b. Bidder must have a permitted disposal facility with the capacity to receive and
dispose of the Town's Solid Waste for the term of the Contract ("'Designated
Disposal Facility"). The Town reserves the right to conduct a site visit as part of this
evaluation process.
c. Bidder must have a permitted facility at which the Town's Solid Waste would be
received ("Designated Receiving Facility"), whether the final disposal facility, a
transfer station, or a processing facility, that is located within a thirty (30) mile
driving distance of the Town's Town Hall (13400 Griffin Road, Southwest Ranches,
FL 33330) and that is or will be operational by or before the Commencement Date.
Bidder shall provide documentation of driving distance.
d. Bidder must provide at least three (3) references of customers to which it has
provided solid waste disposal services. References shall include name, title,
telephone number, e-mail address, mailing address, and a description of the services
provided. The service description should include the dates services were provided,
the types of materials handled, annual tonnage disposed, and annual cost of services.
If available, such references should be representatives of Florida jurisdictions to
which the Bidder is currently providing, or has provided, services within the last five
(5) years.
e. Bidder shall provide, if available, at least three (3) references of customers to which
it has provided household hazardous waste collection events. References shall
include name, title, telephone number, e-mail address, mailing address, and a
description of the services provided. The service description should include the dates
services were provided, the types of materials handled, annual quantity of materials
handled, and annual cost of services. If available, such references should be
N
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
representatives of Florida jurisdictions to which the Bidder is currently providing, or
has provided, services within the last five (5) years.
f. The Designated Receiving Facility and Designated Disposal Facility identified to
receive the Town's Solid Waste must be capable and permitted to accept materials as
proposed. To demonstrate this ability, Bidder must:
(1) Provide licenses and/or permits for the facilities proposed or demonstrate the
ability to obtain permits for any planned facilities.
(2) Document that such facilities have the capacity to accept the Town's Solid
Waste for the Term of the Contract.
(3) Document that such facilities have no outstanding compliance issues, including
but not limited to, notices of violation, consent orders, etc. Bidder must provide
copies of all notices of violation and consent orders issued to such facility in the
last five (5) years.
2. Minimum Qualifications to provide Recyclables processing services: Bidder must
provide documentation that it meets the following minimum qualifications to provide
Recyclable Materials processing services.
a. Bidder or its key personnel must have at least five (5) years experience in providing
processing services.
b. Bidder must have a permitted processing facility with the capacity to receive,
process, and market the Town's Program Recyclables for the term of the Contract
("Designated Processing Facility").
c. Bidder must have a permitted facility at which the Town's Program Recyclables
would be received ("Designated Recycling Facility"), whether the final processing
facility or a transfer station, that is located within a thirty (30) mile driving distance
of the Town's Town Hall (13400 Griffin Road, Southwest Ranches, FL 33330) and
that is or will be operational by or before the Commencement Date. Bidder shall
provide documentation of driving distance.
d. Bidder must provide at least three (3) references of customers to which it has
provided recyclables processing services. References shall include name, title,
telephone number, e-mail address, mailing address, and a description of the services
provided. The service description should include the dates services were provided,
the types of materials handled, annual tonnage recycled, and annual revenue paid to
the customer. If available, such references should be representatives of Florida
jurisdictions to which the Bidder is currently providing, or has provided, services
within the last five (5) years.
e. The Designated Recycling Facility and Designated Processing Facility identified to
receive the Town's Program Recyclables must be capable and permitted to accept
materials as proposed. To demonstrate this ability, Bidder must:
(1) Provide licenses and/or permits for the facilities proposed or demonstrate the
ability to obtain permits for any planned facilities.
(2) Document that such facilities have the capacity to accept the Town's Program
Recyclables for the Term of the Contract.
5
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
(3) Document that such facilities have no outstanding compliance issues, including
but not limited to, notices of violation, consent orders, etc. Bidder must provide
copies of all notices of violation and consent orders issued to such facility in the
past five (5) years.
C. Schedule
The following schedule will be followed for this IFB. Firms not in attendance at the pre -Bid
meeting shall be considered non -responsive and shall be disqualified from the IFB process.
Issuance of Invitation for Bids .............................Friday March 22, 2013
Mandatory pre -Bid meeting .......................................... Monday April 1, 2013 - 1:00 p.m.
Deadline for receipt of written questions ...................... Monday April 15, 2013
Bid due date.................................................................. Monday April 22, 2013
D. Bid Submittal
Bids submitted in response to this IFB must be received at the Town Clerk's Office by the date
and time specified above. Bids received after this date and time shall be returned to the sender
unopened and will not be considered.
Bids must be sealed and the following information should be clearly printed on the outer
wrapping: business name, address, and "IFB No. 13-003 for Solid 'Waste Disposal and
Recyclables Processing."
Bids must be_ mailed or hand delivered to the following address. Bids submitted by facsimile or
e-mail or in pencil shall not be accepted.
Juanita Romance, Deputy Town Clerk
13400 Griffin Road
Southwest Ranches, Florida 33330-2628
It is anticipated that Bids shall be opened at 11:00 a.m. in the Town Hall Meeting Room, located
at 13400 Griffin Road, Southwest Ranches, Florida 33330-2628 on the same date. In accordance
with Florida Statutes, Section 119.071, as amended, Bids are exempt from public disclosure until
such time as the Town provides notice of an intended award or until thirty (30) days after the
opening, whichever is earlier.
Bidders shall be fully acquainted with the conditions relating to the execution of work required in
this IFB. Bidders are to thoroughly examine the draft Contract provided in Attachment A. Failure
of the Bidder to become acquainted with existing conditions and the scope of services will in no
way relieve the Bidder of any obligation with respect to its submittal.
Bids may be withdrawn or modified if requested in writing and signed by a person duly
authorized to do so and received at the above address prior to the deadline for submitting Bids.
All Bids shall remain in effect for a period of one hundred and eighty (180) days after the last day
on which Bids must be submitted.
E. Bid Security
A Bid security payable to the Town of Southwest Ranches shall be submitted with the Bid
response in the amount of $10,000. A Bid security can be in the form of a Bid bond or cashier's
check. Bid security will be returned to the unsuccessful Bidder as soon as practicable after
opening of proposals. Bid security will be returned to the successful Bidder (Contractor) after
L
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
acceptance of the Performance Bond, if required; acceptance of insurance coverage, if required;
and full execution of contract documents, if required; or other conditions as stated in Special
Conditions or elsewhere in the IFB.
Failure of the successful Bidder to execute a contract, provide a payment and performance bond,
and furnish evidence of appropriate insurance coverage, as provided herein, within thirty (30)
days after written notice of award has been given, shall be just cause for the annulment of the
award and the forfeiture of the Bid security to the Town, which forfeiture shall be considered, not
as a penalty, but as liquidation of damages sustained.
F. Questions
Any questions or requests for clarification or additional information concerning this IFB should
be e-mailed to the Deputy Town Clerk:
Juanita Romance, Deputy Town Clerk
Email: 'rorr►.a:ncc i sotithwestra.n.cb.es.or
Phone: 954-434-0008
G. Addenda
Any modifications or clarifications to this IFB shall be by addenda provided in writing to the
same businesses to which the original solicitation documents were mailed or otherwise provided.
Bidders shall not rely upon oral representations or discussions with Town staff, officials, or the
Town's consultants.
H. Cone of Silence
A cone of silence is hereby imposed and made applicable to this IFB and in accordance with the
Town's Procurement Code. The cone of silence shall become effective from the time this IFB is
advertised, and shall terminate at the time that the Town Council meets to consider the Town
Administrator's recommendation as to a final decision regarding a contract award, rejects all
responses, or takes other action that ends the IFB process. During the effective time period of the
cone of silence, any person or entity that submits a Bid, or that will be subject to evaluation under
the terms of this IFB, shall not have any communication with members of the Town Council, the
Town Administrator or other professional staff relative to this IFB, except as may be required
during such presentations or interviews that are part of the IFB process. Bidders who violate the
cone of silence shall be subject to automatic disqualification from further consideration.
I. Reserved Rights of the Town
The Town reserves the right to cancel this IFB or to reject any or all Bids in whole or in part
when it is in the best interest of the Town. The Town further reserves the right to waive any
informalities or irregularities in any Bids received, to re -advertise the IFB with or without
changes in the scope of work, to award a contract in whole or in part, or take any other such
actions that may be deemed to be in the best interest of the Town.
II. CURRENT SERVICES, FEES, AND TONNAGE
The Town is currently part of Broward County's Resource Recovery System (RRS). Therefore,
all residential and commercial Solid Waste collected by the Town's current franchised collection
service provider, Southern Waste Systems (SWS), is delivered to one of the two Wheelabrator
h
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
waste -to -energy facilities, currently at a cost of $57.00 per ton. Residential Recyclable Materials
are delivered to the RRS-designated Materials Recovery Facility, and the Town currently receives
$58.50 per ton in revenue for these materials.
The Town's contract with the RRS is set to expire on July 2, 2013. It is the intention of the Town
to have a new disposal and recyclables processing contractor(s) in place before the expiration of
the current contract.
The Town of Southwest Ranches currently includes 2,468 residential units and approximately 96
commercial customers. Residential collection service includes the following:
• Twice per week manual collection of an unlimited amount of Solid Waste.
• Once per week manual collection of Single Stream Program Recyclables in recycling
containers.
• Every other week collection of Bulk Waste (limited to 12 cubic yards per collection).
Residential Bulk Waste is collected and disposed by SWS and is not included in this IFB.
The quantities of Solid Waste and Recyclables collected in FY 2012 are as follows:
Residential Residential Bulk Residential Commercial
Solid Waste Waste* Recyclables Solid Waste
FY 2012 Tons 89251 65190 443 25206
*Note: Residential Bulk Waste tonnage is not subject to this IFB. Town's franchise hauler collects
and disposes of this material.
SCOPE OF SERVICES
Bidders may Bid on one or both of the following services.
A. Disposal Services
The selected Bidder (Contractor) shall identify, operate, and maintain a Designated Receiving
Facility where collection vehicles are able to deliver Solid Waste generated by commercial and
residential sources within the Town. The Designated Receiving Facility may be a transfer station,
disposal facility, or processing facility. If the Designated Receiving Facility is not also the
Designated Disposal Facility, Bidders must identify where Solid Waste will be disposed.
The Town will only consider Bids in which the proposed Designated Receiving Facility is located
within a thirty (30) mile driving distance of Town Hall (13400 Griffin Road, Southwest Ranches,
FL 33330).
The Contractor, or its subcontractor, must also be capable and willing to provide the ancillary
services outlined below. Upon receipt and review of the Bid submittals, the Town will make a
policy decision regarding whether these ancillary services will be included in the contract award.
1. The Contractor shall provide four (4) HHW and E-Waste collection events per year (one
per calendar year quarter), hereinafter referred to as "HHW Collection Events." Such
events shall be conducted within the Town limits at a location to be provided by the
Town and on dates to be approved by the Contract Administrator.
2. The Contractor shall
provide four
(4) drop-off
collection events per
year (one per
calendar year quarter)
for Drop
-Off
Bulk Waste,
hereinafter
referred
to
as "Drop
-Off
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
Collection Events." Such events shall be conducted within the Town limits at a location
to be provided by the Town and on dates to be approved by the Contract Administrator.
All disposal services are to be conducted according to the terms detailed in the Draft Contract
provided in Attachment A, including a recycling guarantee that the Contractor shall achieve an
annual recycling rate for all Town waste of at least 75 percent as defined by Chapter 403, Florida
Statutes.
B. Processing Services
The Contractor shall identify, operate, and maintain a Designated Recycling Facility where
collection vehicles are able to deliver Program Recyclables. The Designated Recycling Facility
may be a transfer station or materials recovery facility. If the Designated Recycling Facility is
not also the processing facility, Bidders must identify where Program Recyclables will be
processed.
The Town will only consider Bids in which the proposed Designated Recycling Facility is located
within a thirty (30) mile driving distance of Town Hall (13400 Griffin Road, Southwest Ranches,
FL 33330).
All processing services are to be conducted according to the terms detailed in the Draft Contract
provided in Attachment A.
C. Contract Term
The selected Bidder(s) (Contractor) shall begin services on July 3, 2013. The term of the Contract
shall be for a period of five (5) years, thus expiring at the end of the day on July 2, 2018. At the
option of the Town, and with the concurrence of the Contractor, the Contract may be renewed for
two (2) additional terms of five (5) years under the same terms and conditions as the initial term,
including amendments, subject to approval by the Town Council.
This IFB is structured to put in place the necessary commitments to provide the services as soon
as the Town is relieved of its commitment to the RRS. The Town's contract with the RRS is set to
expire on July 2, 2013, with a Contract Commencement Date of July 3, 2013.
Contractor(s) must be able to begin the services outlined in the IFB on July 3, 2013. In the event
that any of the Bidder's designated facilities will not be operational by July 3, 2013, Bidder must
identify interim facilities so that the collection, processing, and disposal operations of the Town
are not impacted during the interim operation period.
D. Other Terms and Conditions
The Draft Contract
in Attachment A
provides
the additional service and payment requirements
and
responsibilities
of
the
Contractor,
as well
as
other
general
contract terms and
conditions.
IV. SUBMITTAL REQUIREMENTS
A. General Instructions
Bids submitted in response to this IFB must be made in the official name of the firm or individual
under which business is conducted (showing official business address) and must be signed in ink
by a person duly authorized to legally bind the person, partnership, company, or corporation
submitting the Bid.
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
Bidder shall submit one (1) clearly identified original, two (2) copies, and one (1) electronic copy
on a CD or flash drive of its Bid in a sealed package following the instructions specified in
Section I.D., Bid Submittal, of this IFB. Bids should be printed double -sided on paper with at
least thirty percent (30%) post -consumer recycled -content. Bidder's name shall be printed at the
top of each page of the Bid.
B. Bid Content
Bids shall have sections as specified below, with each section containing the information
described.
1. Bidder Response Form
Bidder must complete this form (Section VI, Form A) in its entirety in ink or typewritten.
2. Minimum Qualifications
To be deemed responsible and responsive, Bidder must demonstrate that it meets or
exceeds the Minimum Qualifications listed in Section I. B., Eligibility, of this IFB for the
services it wishes to provide.
3. Price Forms
The Price Forms are provided in Section VI, Required Forms, of this IFB. Bidder
wishing to provide Solid Waste disposal services must complete the entire Form B in ink
or typewritten, including fees for providing ancillary services as described in Section
III.A of this IFB and in the Draft Contract in Attachment A. Bidder wishing to provide
Recyclables processing services must complete the entire Form C in ink or typewritten.
Bidder shall provide the service fees and/or Recyclables revenue as all-inclusive unit
prices that include supplying all equipment, tools, and labor necessary to perform the
Scope of Services provided in this IFB. Service fees will be adjusted annually as detailed
in the Draft Contract in Attachment A.
4. Other Required Documents
The items listed below should be included in this section. All forms, which are provided
in Section VI of this IFB, should be completed, executed, and notarized (if applicable).
a. Offerer Certification Forms
b. Qualifications Statement
c. Acknowledgement of Addenda
d. References
e. Public Entity Crimes
f. Drug Free Workplace
g. Non Collusive
h. Certificate of Insurance or evidence that the insurance can be provided
i. Bid Security: Bidder must provide a Bid security in the amount of $10,000. This Bid
security shall be in the form of a bond provided by a surety company authorized to do
business in Florida, certified check, cashier's check, irrevocable letter of credit, or
alternate form of security acceptable to the Town. The Bid securities of unsuccessful
10
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
Bidders will be returned upon execution of a Contract or until the IFB process is
otherwise terminated. The Bid security of the successful Bidder will be retained until
the Contract has been executed and the Bidder has furnished the required certificates
of insurance and performance bond, as set forth in the Contract.
V. CONTRACT AWARD
Selection of a firm shall be in accordance with this IFB and the Town's Procurement Code. The
Town also reserves the right to waive minor variations in the specifications and in the bidding
process. The Town further reserves the right to accept or reject any and/or all Bids and to award
or not award a contract based on this Bid solicitation.
Bids will be evaluated to identify responsive and responsible Bidders. The Town reserves the
right to make additional inquiries, request additional information, obtain credit reports, and/or
contact other local governments that have contracted with the Bidder. Firms and individuals who
do not provide the information requested shall be disqualified from further consideration.
The responsive and responsible Bidder with the lowest service fee for disposal services, which
may or may not include the ancillary services described herein, will be recommended for award
of a disposal contract. The responsive and responsible Bidder with the highest recycling revenue
will be recommended for award of a Recyclables processing contract. Final selection of
contractors for contract award is subject to approval by the Town Council.
VI. REQUIRED FORMS
The forms provided on the following pages should be completed, signed, and notarized (if
applicable). The Price Forms should be included in Section 3 of the Bid submittal and all other
forms should be included in Section 4.
A. Bidder Response Form
B. Disposal Fee and Collection Events Fees Price Form
C. Program Recyclables Revenue Form
D. Certificate of Authority Forms
E. Qualifications Statement
F. Acknowledgement of Addenda
G. References
H. Public Entity Crimes
I. Drug Free Workplace
J. Non Collusive
11
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM A
BIDDER RESPONSE FORM
All Bidders must complete this form in its entirety in ink or typewritten.
Company Name
Company Address
City
Authorized Company Representative
State
Zip
Telephone ( ) Fax ( )
E-Mail Address
Proposed Facilities for Solid Waste Disposal:
(If Bidder is not submitting to provide this service, please mark "NA" below)
Designated Receiving Facility (i.e., facility where Bidder will accept Solid Waste)
Name of Facility:
Facility Location:
Designated Disposal Facility (i.e., final disposal destination of Town's Solid Waste)
Name of Facility:
Facility Location:
Proposed Facilities for Recyclables Processing:
(If Bidder is not submitting to provide this service, please mark "NA" below)
Designated Recycling Facility (i.e., facility where Bidder will accept Program Recyclables)
Name of Facility:
Facility Location:
Designated Processing Facility (i.e., facility where Program Recyclables will be processed)
Name of Facility:
Facility Location:
12
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM B
DISPOSAL FEE AND ANCILLARY SERVICE FEE PRICE FORM
Bidders wishing to provide Solid Waste disposal services must complete this form in its
entirety in ink or typewritten.
Company Name
Solid Waste Disposal Fee
0
Fee/Ton
Solid Waste
(residential and commercial)
Ancillary Service Fees
B
Estimated
Tons/Year
x 11,000 tons =
C=AxB
Estimated
Annual Disposal Fees
All Bidders providing a fee for Solid Waste disposal services must also provide prices for ancillary
services. The Town will make a policy decision as to whether these ancillary services will be included in
the contract award.
HHW and E-Waste Collection Events
A B C=AxB
Fee/Event Events/Year Estimated Annual Fee
Itemized Disposal and/or Recycling Fees
In the table on the following page, Bidders should indicate the fee or revenue to be billed or paid to the
Town for each material type. Bidder should clearly indicate whether Bid price is a fee, revenue, or no
charge. All quantities are listed for Bid purposes only. Town makes no guarantee as to actual tonnage
expected.
13
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
I FB No. 13-003
A B
Estimated
Fee Quantity/Year
Per Pound Units(pounds)
3
€ Televisions (all sizes)
Pounds
,€£fft ff ff3 ik ff f ti it?3€x ` 3 500
sr;, 2> fs f t R"{tt ,
#3-
ff f s
Computer
Monitors/Terminals
Monitors/TerminalsPounds 1,100=t`=
fn•- t h t,f
CPU's Laptops / Laptopstf�F;txt#f Pounds 1 100
,t;;
# sr s# t t 2f€ ,✓ ts# {tiz €s {
i
Large peripherals (printers,
ji #s�t£ # j s r• s z #f t t s , z t ss
ft if#;ts34#�t �s i3r s€cfi# i���; s�t� f# fE tEkfi � fsf t €�� s#siz s
scanners, fax machines plotters, Pounds 850
' •,; � ° i� t€sfs #� €{s �'3 �� �# € 3,3 s : t# #f
typewriters, etc.)
Small peripherals (keyboards,
ti i ft€f# # #ij isF sfif t $ Y tst tt -
#��r€
• ,�:Ff #� E€f#f#;„ st si s tf
�##, tfsis #s f#ts z #j y ''c #2€ s# �K E €f?��t fcfift# `j 35
mice, cables, game hardware € #£# t t fi # f tt t,# ft#fis# ���,��� , }f�tf## # € Pounds s 3 si }tt's3s3 Ftx#t x tuft €ist t ytxe i €_ ss s x
i€s#t i3 is 3£ E szsf# t,. €t ss+t r£iEsi s #z z 3 } # f� x
external drives etc.)tf## €?it=; €##=,xf##(tEi>f, E, i, #{
1 a##s # #f # # s >tZ, > s gsDrss#o " s€f:.{# € # i
Telecommunications devices ' 3t}�` ` f`f s'
f# 1 £isf €€izif i�t#� sz s # t {
Tlit
' � !� � �� 33��t�, S# ¢fin € a xt
(desk phones, mobile phones, '°:,,°tf4`ft `t€P� ff=€{jx;3t€#,° ;,fr# tt ` Pounds 125
s t€tt,# is€{ J it f# €#3 3� tt E ff £ i{ f#3 3 s
t ftt Sf f itttf f t{#£p ts€,#�t'�{, €# yi tsttt
4s>tsf#s
a ers, handheld devices, etc.
Audio/Video equipment (stereos, f ###i sf#€€c zit z€s�isf#£ 2 tK # f� ttf€ss7sitr tsff s�# t tf3tt �t.
4 s #zf ft s t i t t
tits i `sss s € f;jz I s # s3 if t [�'#�ti y�'i s ri# fx�asses { :
VCRs DVD players, radios tape #E `_# ft 3 t €� 2 ##t°# £f# Pounds 125
p y i d�s #� ##t € yz t , =E # fs#f #t 4 i� 3 32°# °tf
E t f ;2 ter is # tPs 3 fi # it # s fs
Wavers. sneakers) `'f'=f;tttxf€€#t`F; xtft=€�tf°t; ff=:
°@ : 9 ? sf £ t f s€t s E ° t# # €€ ttt s tf
✓n tb, x f ssf Fsc xt z€� t3 a t # f s# s 125
Copiers zJEz¢js>s #sf# i�r fx �' ? ✓S :�ttrE ttj# t� �[�[ii �2jf s3s###� ##t�� Pounds
t f'. 1 k t ..F •'<t# S t't'tf t.�€t#E ft .t✓ t f✓.�''�Z >.€t .3:?
UPS (Uninterrupted Power
Pounds
250
Sunnlvl ( pp
Small household
f#f tf; t#ft #zf i f 3'x 3
electrical
t##t tf
t{{5vt#if :f f{f f2 >222 it3 2 tf#fft fi+ 1 f +3 (yyf ' iz t f jfs
appliances(microwaves,power
t t)�r#{ ft{ ti F1—# f y f ff tpp
xtt;=. #{�;ifs£2 �f
:; ��,tt }€ � =2i :x�`°`s`== °}`E�Yii/f`E
}
Z=�
Pounds
200
tools, health and beauty,etc.)
ft i fti 4 3,Z # f s �Js£#.,
citt✓ 2 tt f}3#EEft f# tt� 3fJii
22 f #;` t## f ✓f snit€ 32,#.
Laptop Batteries,u;€k
Pounds
125
tits #t # st t 3x
f�,t fR3 f f# f f,t#tffi;
Car/Boat Batteries
Pounds
ft t iktj ff#tff f+ti #f f f : E {(f t
400
tttE r#32 € c f <
d . > ft•€€ ifi ri,..,i t3 ##2 f..,.,it� .i s E" t tffF .:
Rechargeable Batteries
fFt iYf £S
==,#x=ts## _`;_` # # `f'``fyt;'i �SS; `�=tii 't'
Pounds
-
fi i ft
Mi €it
125
+t'£tiEtt>.f£Yf,.,
{ x :# fR , . f t tf 3 .�' tt E f
dt t.t ty � s st fx t
i 2 ## 3 it EE f #>€t f3
£=3t���t� ��t��tt>€f;°, ,;t t,i€��€�:fit ��xt# t{#:,et��f##tt�€'
pounds
200
•
Lead Acid Batteries
Aerosols
2
ITT11�=E=#f=fait:€�#t
Pounds
750
Corrosives
� t � ,''fiY'f # t€3t3 t tt 3: t tfr tjf t2sf i t tEi
={`#3Yb , f t#`#{jjt €=if=j}} ` €y}{€jF`#
t x t
#i€€£'��t �3
Pounds
}# t;=i3 z t€t i f ip2� 3{fit t 1
f€S. ff#Y�di �f i
1,250
Flammable Liquids
q
tf
Pounds
750
t- i?2t3 Off _ k {` 3t1}! f 2?#f=s t4 t; 1# t � 3 t
it2
t { Plij �t�ic
# yy€, tt€ 2 if#, #f2,2#2 Pounds
�
tff#€
Flammable Solids #
tt
f tt€ t t� #�)(fFts�tf##, {. t etz �} #j.t��i##tt€
tFc#£ s
250
f##
i E f #f t tzsEtt # f;€# ttE# t
;tt z -rx s €Sf �.f,� . E ##� t#� tf €�## € 3#i #3€ tt€t # s s£ '.
� ��``# €# `tit €{ ✓�€t t€E Pounds
f{ (� y E
f Itfil>iHf rttif>` jrfffjEfiff ff Sf €
#t tf,f, t; =f ##f f sk�ft t r�#i#23 ttff,�t +x t#ttt}t�
## x ##f t # €h tt t# {} € t€t
f€ t ttf •�'
1 250
•f
•
Oxidizers
;Vft�}
Oil Paint
tt E,€.��5. 4 f;;t} ?iEftf � S f� # fi it��yf Yf ���i i
t� srt>u ftsi{
Pounds s s{#R# je #liii
2,000
,;+sfs# ttfss
eat# #I3 1#
Pounds
€ ft=t
�.
Pounds
Latex Paint
1,500
100
Poisons
ti
fff�
Used Oil/Oil Filters t
t f t t YF tf t�€tt t i# i i j t t
:t, ;° t #f# Pounds
Rt\S t#'ff2 t Et x2 2{ t't 23itt 2 A22 Ik €f2 }i ftt;#4 t#ftt t tt }}
€ i' tf,#,r f j.f
1,100
Propane Tanks itz
>a t i €_ €t+ft # j { f ttxtttt i fk 3E ,it 32 .€ S i .€2 f t Ef;
tf t # 3fftt t #E
Jt { F{f Pounds
:x
3# t t #, € fs t z i tir# t
0
ti
......:..t >} € t .fir'. . .
V
Total Estimated Annual Fee
C=AxB
Estimated Annual
Fee
* Quantities listed above are for Bid purposes only and are based on 0.7% of the HHW collected in Broward County in FY 2012.
The Town makes no guarantee as to actual tonnage expected.
Total Drop -Off HHW Service Fee
(Annual Flat Fee + Estimated Annual Itemized Fees
14
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
I FB No. 13-003
Drop -Off Collection Events
A B C=AxB
Fee/Event Events/Year Estimated Annual Fee
Flat fee for the
mobilization of event
mob
staff,equipment and
resources need to host
collection event
f 2 .., i f i t f
i
t f 5
f � f S
i
t . t 4
t s 5sf,,
t
£
f51
x 4 events —
f S f f t i y t '' y f'tkk £Y.,, SSf t f Sf '',{5 t f fi f >iS:.jt t i Si t �i,; B22Jk �1fs{Sff iff{f=f)Sff�fj}:�f 155 f J{. E�> fffffif/yi/y
f 5{i ty,; 2fysf !
Y
j f yy 5 SS
S { t '. £f '. i kf 1f { {'ffES)fifsf f£Sf2lifjfj ff{tS S t '>_ ftr f
f S ? 4 -t 5 5 ; t? f£ ? 3 tit f5�t��ittEt
4 fE k
f{i{t�fi
# t f tis \ f s, 4 s ? t` t f E t ; ftf f��{jttus€;t jfyitfy S if�;;? ✓ S, �' 9t f t;ff2
ffk ff f r!5 { t ff 2 t � di= i- kft i{ SF�':!ffif tf5 f 1 fif
;, fff :tf ,=ttf2 is £€€{1i{t,{j,jfj: wf(f,y=f
M
Fee/Ton
IV
Estimated
Tons/Year*
C=AxB
Estimated Annual
Bulk Waste Disposal Fees
t
i
Bulk Waste Disposal
; tftit t tf3 �SSSn dJ2ti 5 f,f,; ff ft
X 200 tons
; t fE =2 tJ t t fftt, °f,,2,f# °itfF2 SS
Fee
? f
f
5 t { r t
5 S: f
{ 5� f 3£ i ffffti'f F fff ,t5 fi f tt
tf,
* Quantity listed for Bid purposes only. Town makes no guarantee as to actual tonnage expected.
I,
of
(name), the
(title)
(bidder) swear or affirm that all information submitted with this bid is true, and that I am authorized to
complete this Price Form on behalf of the company.
Signature
15
Date
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
I FB No. 13-003
PART VI - FORM C
PROGRAM RECYCALBLES REVENUE FORM
Company Name
Bidders wishing to provide Recyclable Materials processing services must complete this
form in its entirety in ink or typewritten.
Bidder shall enter the percentage of the Average Market Value (AMV) less a Contractor's fee of $50.00
that it will pay the Town for each Ton of inbound Program Recyclables delivered by the Town or its
agents to the Designated Recycling Facility, as determined by the Designated Recycling Facility scales.
The payment per Ton shall be calculated as follows:
1. Each month, the Contractor shall calculate the AMV of the Town's Program Recyclables, defined as
the sum of the Southeast USA regional average commodity prices (U.S. Dollars per Ton) first posted
in the month for which payment is being made in Rec: clip. Markets.net multiplied by the
composition percentages of the Town's Program Recyclables, as defined in the table below, which
calculates the AMV for March 2013.
Calculation of the March 2013 Average Market Value
.,\.. a. >:>.x>a>.> a, ,., ,n,., �.♦e 'a.
... . ... .... .. "i, z.. .., ., ....,,.....,....,
... .. x � ♦.
_, ,,.......... _. >^�. _. , ..
.. ... .. ♦:.:.: .fix...
.. , .Y >. S` ...a, x, �.Y),a.. . .. , ,.:F.. .... �A, A.... , ,
ten,
�.. �
.. ,.. .'da,,_..... ....y .. ......... - ... .,..... ,..
,., ..., ,.,,, >a .... >. .,., ., .. .. ,.. �..
r ... as . ... .. .... „>.,. x. .. .a,, ;q,
%, ... .. , \� v :. k.:.... :>.a` . , >o , ... . < , �1♦.. l'e
�x ,'>,�yi
�:�. ;�.
�..
�Y*.
... _'fie,
a� w x' ., >. ......1' .. ..
:>.. T
�.
� '
>.'
.
4 r ?V�•
a
Ski
w�`xc. :C., �ft �. ....
?•., >., ..... �..
�+
'.,.._a ,::oJ.ai��.'.,.. .. .. ,,., : .., .. ,R <.. z. .�. ..Ap. a. ..
.. h .. .;. :V :♦�� 'C .: .- :a
' ... ..v\. >. >. r.:,,. .. x .. � >,'a>., aR .. .... ♦- .. ..., � ...
,... t., yxo ...as... >. a . �x-. Z,,,.,,,*x� %ka, a„A•�. ,1 A. ,.. ?s,..
.A ai, a\ R>.>a2>, �.���f.::). X� ,.�.k� M Rb.x)k..rk ,.. 1. .. Y...v.
•r>...a
>�. >. )..,. r... a, .a .:. .. :,. .. .`t�.,< .,,..- .. -x• .. ,,...
_. - .� �. k. >2> ...y< a. aRk, - „ "�L.J .fa...: a.. . RU[.......
o.... A . . :... . x,,- : , ... . �, , ... . '
- a.. .) : x_�k`\, e.a ... ,3 ♦,- ._ .. .. ,: .@x .,.
;.. �>^ '-v '>. ''
., ,. x, >. :: `}. , ,<;.,... n �. \ xw, '..♦ '-0Rxy; a -, . � .. c",\.. ',- .�a
x a � ;- s . ,i> ,.. e ,.�� '4... � %.: .. _..�s�.,�,,..;:.
-, R' '.' ♦ .>�.. „ �,. e.. .-. >':
,_,.,;, ..
�
:... Rj:
::)
`. '.`ti.
v ':
., •x
e<s
:
`a.a
of
..
77.5
$77.50
17.0%
$13.18
Newspaper
PS 8 baled, F.O.B. seller's dock
Corrugated containers
PS 11 baled, F.O.B. seller's dock
112.5
$112.50
10.0%
$11.25
Mixed paper
PS 1 baled, F.O.B. seller's dock
70
$70.00
24.5%
$17.15
Steel cans
$/Ton, sorted, baled and delivered
115.0
$115.00
3.7%
$4.26
Aluminum cans
Cents/lb., sorted, baled and delivered
79.5
$1,590.00
2.4%
$38.16
Plastics #347
Commingled (0-7, cents/lb, baled and picked up)
0.3
$6.00
5.3%
$0.32
PET
Cents/lb., baled and picked up
20.8
$416.00
5.7%
$23.71
Natural HDPE
Cents/lb., baled and picked up
32.5
$650.00
2.2%
$14.30
Colored HDPE
Cents/lb., baled and picked up
25.8
$516.00
3.2%
$16.51
Glass (3 Mix)
$/Ton, delivered
0.0
$0.00
22.5%
$0.00
Polycoated Cartons
None at this time
0.0
$0.00
0.5%
$0.00
Contamination
N/A
N/A
$0.00
3.0%
$0.00
100.0%
Note: The index values for March 2013 are used for estimation purposes only, and are subject to fluctuation as
determined by Secondary Fibers and Material Pricing found on RecyclingMarkets.net. Prices to be used are the first
published Regional Average prices for the Southeast USA in the month for which payment is being made. No
market index currently exists for polycoated cartons in RecyclingMarkets.net; therefore, the value is set at $0. When
a market index for polycoated cartons or aseptic containers becomes available on RecyclingMarkets.net, it will be
utilized.
16
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
2. A fifty dollar ($50.00) Contractor's Fee shall be deducted from the AMV. This fee shall be adjusted
as specified in Section 6.A(2) of the draft contract, provided in Attachment A.
3. The Contractor shall pay the Town a percentage, as bid below, of the remaining amount (AMV less
Contractor's fee) for each Ton of inbound Program Recyclables delivered during that month.
Bidder shall enter in the yellow cells, below, the percentage amount that it will pay the
Town for inbound Program Recyclables.
The AMV is intended to be used as a market index and does not necessarily reflect the commodity
revenue received by the Contractor; therefore, the Bidder should determine the Bid Percentage
accordingly. Any and all costs associated with processing, marketing, and transporting Program
Recyclables, including costs for rejects and residue disposal, are the responsibility of the Contractor.
Program Recyclables Revenue Bid*
$138.84
Jan 2013 AMV
$50.00
Contractors fee
X
Bid Percentage
Corresponding revenue per ton based on AMV
and Bid Percentage
* $/ton based on January 2013 AMV for estimated purposes only, and is subject to monthly market fluctuation, as
specified herein.
I,
(name), the (title)
of
(bidder) swear or affirm that all information submitted with this bid is true, and that I am authorized to
complete this Recyclables Revenue Form on behalf of the company.
Signature
17
M,
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
FB No. 13-003
PART VI - FORM D
CERTIFICATE OF AUTHORITY FORM (If IndividuaUSole Proprietor)
Company Name
State of )
ss.
County of )
I HEREBY CERTIFY that , as
Principal or Owner of (Company name) , is hereby
authorized to execute the Bid dated 20 , to the Town of Southwest Ranches
and his execution thereof, attested by the undersigned, shall be the official act and deed of
(Company name)
IN WITNESS WHEREOF,
520
I have hereunto
set my hand this
Secretary:
(SEAL)
day of
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM D
CERTIFICATE OF AUTHORITY FORM (If Corporation or Limited Liability Company)
Company Name
State of )
ss.
County of )
I HEREBY CERTIFY that a meeting of the Board of Directors of a corporation or authorized
representatives of a Limited Liability Company existing under the laws of the State of
, held on 520 , the following resolution was duly passed and
adopted:
"RESOLVED, that , as President of the Corporation or
authorized representative of a Limited Liability Company, be and is hereby authorized to execute
the Bid dated, 20 , to the Town of Southwest Ranches and this corporation or
Limited Liability Company and his execution thereof, attested by the Secretary of the Corporation
or Limited Liability Company, and with the Corporate Seal affixed, shall be the official act and
deed of this Corporation or Limited Liability Company."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
corporation or Limited Liability Company this day of 520
Secretary:
(SEAL)
1W
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM D
CERTIFICATE OF AUTHORITY FORM (If Partnership)
Company Name
State of )
County of )
I HEREBY CERTIFY that a meeting of the Partners of the
A partnership existing under the laws of the State of , held on
, 20 , the following resolution was duly passed and adopted:
"RESOLVED, that, , as
of the Partnership, be and is hereby authorized to execute the Bid dated,
20 ,
to the Town of Southwest Ranches and this partnership and that his execution thereof, attested by
the
this Partnership."
shall be the official act and deed of
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this_ , day of 120
Secretary:
(SEAL)
20
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM D
CERTIFICATE OF AUTHORITY FORM (If Joint Venture)
Company Name
State of
ss.
County of )
I HEREBY CERTIFY that a meeting of the Principals of the
A corporation existing under the laws of the State of , held on
920 , the following resolution was duly passed and adopted:
"RESOLVED, that,
as
of the Joint Venture
be
and is
hereby authorized to execute
the
Bid dated,
,20 , to
the
Town of
Southwest Ranches official act and
deed
of this Joint
Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have here unto set my hand this 520
(SEAL)
21
Secretary:
Replaced by A2
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM E
BIDDER CONFIRMATION OF QUALIFICATIONS FORM
Company Name
The Contract will be awarded only to a responsible and eligible bidder, qualified by experience
and capable of providing required insurance, and bonds and in a financial position to do the work
specified within the Invitation for Bids, and which can complete the work within the time
schedule specified.
At the time of the bid, the Bidder shall hold all Contractor and other qualification certificates and
licenses required to be held by the Contractor by Florida Statutes or ordinances of the Town of
Southwest Ranches and Broward County in order to perform the work subject of this Invitation
for Bids.
All license, certificate and experience requirements must be met by the Bidder as opposed to the
Subcontractor. Bids submitted by Bidders who do not directly hold required licenses and
certificates or who rely on a Subcontractor to meet the experience criteria will be rejected. By
executing this Form and submitting its Bid, Bidder represents that it meets the requirements set
forth above, and as set forth in the Bid Documents, and acknowledges and understands that the
Town shall be relying on this representation with respect to a contract award.
Bidder:
Bidder's Name:
Bidder's Address:
Bidder's Phone Number:
Contractor's License and License number(s) (attach copies of license(s) required for the work
described in this IFB):
22
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
I FB No. 13-003
State of Florida.
County of
The foregoing instrument was acknowledged before me this day of 5 20 by
of (Bidder), who is personally
known to me or who has produced as identification and who did (did
not) take an oath.
WITNESS my hand and official seal.
NOTARY Public Records of County, Florida
Notary Signature
Name of Notary Public: (Print, Stamp, or type as Commissioned)
23
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM F
ACKNOWLEDGEMENT OF ADDENDA FORM
Company Name
Proposer shall indicate receipt of addendum by initialing below for each addendum received.
Addendum No. l
Addendum No.2
Addendum No.3
Addendum No.4
24
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM G
GOVERNMENT CONTACT INFORMATION FORM
Company Name
Please list NAME OF AGENCY, ADDRESS, PHONE NUMBER, AND CONTACT
PERSON of any other Governmental Agencies or Quasi -governmental agencies for which you
have conducted business on similar project within the past five years.
2.
3.
4.
5.
6.
7.
25
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFB No. 13-003
PART VI - FORM H
FLORIDA STATUTES ON PUBLIC ENTITY CRIMES FORM
Company Name
SWORN STATEMENT PURSUANT TO SECTION 287.133(3) (a)
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted to
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN) is
2. I understand that a "public entity crime" as defined in Paragraph 287.133 (1)(g), Florida Statutes,
means a violation of any state or federal law by a person with respect to and directly related to the
transaction of business with any public entity or with an agency or political subdivision of any
other state or with the United States, including, but not limited to, any bid, proposal, reply or
contract for goods or services, any lease for real property, or any contract for the construction or
repair of a public building or public work, involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Para. 287.133(1) (b), Florida Statutes,
means a finding of guilt or a conviction of a public entity crime, with or without an adjudication
of guilt, in any federal or state trail court of record relating to charges brought by indictment or
information after July 1, 1989, as a result of a jury verdict, non jury trial, or entry of a plea of
guilty or nolo contendere.
4. I understand that an "affiliate" as defined in Para. 287.133(1) (a), Florida Statutes, means:
(i). A predecessor or successor of a person convicted of a public entity crime; or
(ii). An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity crime. The term "affiliate" includes those
officers, directors, executives, partners, shareholders, employees, members, and agents who are
active in the management of an affiliate. The ownership by one person of shares constituting a
controlling interest in another person, or a pooling of equipment or income among persons when
W
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
I FB No. 13-003
not for fair market value under an arm's length agreement, shall be a prima facie case that one
person controls another person. A person who knowingly enters into a joint venture with person
who has been convicted of a public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
5. I understand that a "person" as defined in Para. 287.133(l) (e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or which otherwise transacts or applies to
transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of an entity.
6. Based on information and belief, the statement which I have marked below is true in relation to
the entity submitting this sworn statement. (Indicate which statement applies.)
Neither the entity submitting this sworn statement, nor any of it's officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, nor any affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity or an affiliate of the entity has been charged with and convicted of a
public entity crime subsequent to July 1, 1989.
However, there has been a subsequent proceeding before a Hearing Officer of the State of
Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer
of the State of Florida, Division of Administrative Hearings and the Final Order entered by the
Hearing Officer determined that it was not in the public interest to place the entity submitting this
sworn statement on the convicted vendor list. (Attach a copy of the final order)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THAT PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED. I ALSO
UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO
ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES, FOR CATEGORY TWO, OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
[Signatures on next page]
27
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
I FB No. 13-003
By:
(Printed Name)
(Title)
Sworn to and subscribed before me this
Personally known
Or Produced Identification
(Type of Identification)
Notary Public - State of
Notary Signature
My Commission Expires
day of
(Printed, typed, or stamped commissioned name of notary public)
W
20
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
FB No. 13-003
PART VI - FORM J
DRUG FREE WORKPLACE FORM
Company Name
Bidders must certify that they will provide adrug-free workplace. In order to have adrug-free
workplace program, a business shall:
1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions
that will be taken against employees for violations of such prohibition.
2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3) Give each employee engaged in providing the commodities or contractual services that are under bid
a copy of the statement specified in subsection (1).
4) In the statement specified in subsection (1), notify the employees that, as a condition of working on
the commodities or contractual services that are under bid, the employee will abide by the terms of
the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere
to, any violation of chapter 893 or of any controlled substance law of the United States or any state,
for a violation occurring in the workplace no later than five (5) days after such conviction.
5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, if such is available in the employee's community, by any employee who is so
convicted.
6) Make a good faith effort to continue to maintain adrug-free workplace through implementation of
this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
BIDDER'S SIGNATURE:
29
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
I FB No. 13-003
PART VI - FORM I
NON COLLUSIVE FORM
Company Name
NON -COLLUSION AFFIDAVIT
State of )
)ss.
County of )
being first duly sworn deposes and
says that:
(1) He/She is the
(Owner, Partner, Officer, Representative or Agent) of
the Bidder that has submitted the attached Bid;
(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all
pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a
collusive or sham Bid in connection with the Work for which the attached Bid has been
submitted; or to refrain from bidding in connection with such Work; or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or conference with
any Bidder, firm, or person to fix any overhead, profit, or cost elements of the Bid or of any other
Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any
other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement
any advantage against (Recipient), or any person interested in the proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any
collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other
of its agents, representatives, owners, employees or parties in interest, including this affiant.
30
By:
(Printed Name)
(Title)
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
FB No. 13-003
Sworn to and subscribed before me this day of
Personally known
Or Produced Identification
Notary Public - State of
(Type of Identification)
(Notary Signature)
My Commission Expires:
(Printed, typed, or stamped commissioned name of notary public)
31
20 ,
ATTACHMENT A
Draft Agreement
Between
Town of Southwest Ranches
and
FOR SOLID WASTE DISPOSAL
AND RECYCLABLES PROCESSING SERVICES
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 2
TABLE OF CONTENTS
SECTION
1.
EFFECTIVE DATE,
COMMENCEMENT
DATE,
AND TERM.......................................................4
SECTION2.
DEFINITIONS...............................................................................................................a..........4
SECTION
3.
CONTRACTOR'S
DISPOSAL RESPONSIBILITIES.......................................................................7
SECTION
4.
CONTRACTOR'S
RECYCLABLES PROCESSING RESPONSIBILITIES.........................................14
SECTION 5. RATES AND BILLING FOR DISPOSAL SERVICE......................................................................18
SECTION 6. REVENUE AND PAYMENT FOR RECYCLABLES.....................................................................20
SECTION7.
CHANGE IN LAW..................................................................................................................22
SECTION
8.
LIQUIDATED DAMAGES.......................................................................................................22
SECTION
9.
EMERGENCY SERVICE PROVISIONS
..................................................................................... 23
SECTION
10.
PERFORMANCE BOND.........................................................................................................24
SECTION11.
INSURANCE.........................................................................................................................24
SECTION
12.
INDEMNIFICATION OF TOWN.............................................................................................26
SECTION
13.
POINT OF CONTACT............................................................................................................
27
SECTION14.
NOTICE................................................................................................................................
27
SECTION
15.
TERMINATION OF CONTRACT.............................................................................................28
SECTION 16. MODIFICATIONS TO THE CONTRACT ........................................... .............. ........ ...... a.a..... ...30
SECTION
17.
PERMITS AND LICENSES......................................................................................................30
SECTION
18.
INDEPENDENCE OF CONTRACT...........................................................................................31
SECTION19.
FORCE MAJEURE....................................................... ...... .................................
a .... a....... .......... 31
SECTION20.
EMPLOYEE STATUS... ........................ 0 .......... 0 .... 00 ....... 0 . 0 ........... ass ..........
so ...... ass .................... 31
SECTION
21.
EQUAL OPPORTUNITY EMPLOYMENT ................................................................................
31
SECTION22.
MEDIATION.........................................................................................................................31
SECTION
23.
RIGHT TO REQUIRE PERFORMANCE....................................................................................32
SECTION24.
GOVERNING LAW ............................................. 9 .......... a ► .............
► ......... • .............................. 32
SECTION
25.
CONSENT TO JURISDICTION.....................................................................................6..........
32
SECTION26.
LITIGATION..........................................................................................................................
32
SECTION
27.
COMPLIANCE WITH LAWS...................................................................................................32
SECTION28.
SEVERABILITY......................................................................................................................32
SECTION
29.
ASSIGNMENT AND SUBLETTING .........................................................................................33
SECTION
30.
MODIFICATIONS..................................................................................................................33
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 3
SECTION 31. LEGAL REPRESENTATION....................................................................................................33
SECTION 32. FUND APPROPRIATION.......................................................................................................33
SECTION
33.
PUBLIC ENTITY CRIME.........................................................................................................
34
SECTION
34.
FINANCIAL INTEREST...........................................................................................................34
SECTION 35. ALL PRIOR AGREEMENTS SUPERSEDED..............................................................................34
SECTION
36.
AUDIT AND
INSPECTION
RIGHTS AND
RETENTION
OF
RECORDS .......................................
34
SECTION37.
PIGGYBACK
..........................................................................................................................35
SECTION38.
PAYMENT DISPUTES............................................................................................................35
SECTION
39.
RECYCLING GUARANTY.......................................................................................................35
SECTION 40. MOST FAVORED PRICING AND MATERIAL TERMS..............................................................35
SECTION41. HEADINGS...........................................................................................................................36
SECTION42. EXHIBITS.............................................................................................................................. 36
EXHIBIT 1 DISPOSAL AND ANCILLARY SERVICES FEES
EXHIBIT 2 PROGRAM RECYCLABLES REVENUE
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Aereement for Solid Waste Dis
iI and Rec,
lables Procf
ine Services
DRAFT AGREEMENT FOR SOLID WASTE DISPOSAL
AND RECYCLABLES PROCESSING SERVICES
Town of Southwest Ranches, Florida
e4
This Contract is made and entered into this day of , 2013, between the Town of
Southwest Ranches, a municipal corporation of the State of Florida, Broward County, Florida,
hereinafter referred to as "TOWN," and authorized to do
business in the State of Florida, hereinafter referred to as "CONTRACTOR."
Now, therefore, in consideration of the mutual covenants, agreements and consideration contained
herein, the TOWN and CONTRACTOR hereby agree as hereinafter set forth:
SECTION 1. EFFECTIVE DATE, COMMENCEMENT DATE, AND TERM
A. Effective and Commencement Dates The Effective Date of this Contract is the date this
Contract is executed and signed by both the TOWN and CONTRACTOR. The Commencement
Date is the date that services required pursuant to this Contract commence, or July 3, 2013.
B. Initial Term The term of this Contract shall be for a five (5) year period beginning on the
Commencement Date, July 3, 2013, and terminating July 2, 2018.
C. Renewal Option At the option of the TOWN and with the concurrence of the CONTRACTOR,
this Contract may be renewed for two (2) additional five (5) year terms under the same terms
and conditions as the initial term, including amendments, subject to approval by the Town
Council.
SECTION 2. DEFINITIONS
For the purpose of this Solid Waste Disposal and Recyclables Processing Agreement, hereinafter referred
to as "Contract," the definitions contained in this Section shall apply unless otherwise specifically stated.
If a word or phrase is not defined in this Section, the definition of such word or phrase as contained in
the "Solid Waste Ordinance" as contained in the TOWN Code shall control. When not inconsistent with
the context, words used in the present tense include the future, words in the plural include the singular,
and words in the singular include the plural. Use of the masculine gender shall include the feminine
gender. The word "shall" is always mandatory and not merely discretionary.
A. Average Market Value (AMV) means a market index used to determine the revenue paid by
the CONTRACTOR to the TOWN for Program Recyclables delivered to the Designated
Recycling Facility based on monthly fluctuations in the commodity market as defined herein.
B. Biohazardous or Biomedical Waste means any waste that may cause disease or reasonably be
suspected of harboring pathogenic organisms, including waste resulting from the operation of
medical clinics (veterinary or otherwise), hospitals (veterinary or otherwise), and other
facilities processing waste that may consist of, but are not limited to, human and animal
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 5
parts, contaminated bandages, pathological specimens, hypodermic needles, sharps,
contaminated clothing, and surgical gloves.
C. Bulk Trash means those non -vegetative waste items that have not been containerized,
bagged, or bundled, and that may require special handling and management including, but
not limited to, furniture, white goods, refrigerators, ranges, pool heaters, water softeners,
pianos, washers, dryers, water heaters, and other similar appliances, bicycles, electronics,
mattresses, household goods, large boxes, barrels, crates, concrete, rubble, mixed roofing
materials, rock, gravel and other earthen materials, equipment, wire and cable, materials
resulting from home improvements, and any and all household goods that are customary to
ordinary housekeeping operations of a residential service unit.
D. Bulk Waste means the combination of Bulk Trash and Yard Trash collected by the Town's
Contract Hauler.
E. Commencement Date means the date services pursuant to this Contract commence, or July 3,
2013.
F. Contract means this agreement, including all attachments, schedules, and amendments
thereto, between the TOWN and the CONTRACTOR, governing the provision of services as
defined herein.
G. Contract Administrator
means the person designated by the Town Administrator to
administer and monitor the provisions of this Contract.
H. Contract Year means twelve (12) consecutive months beginning on the Commencement Date
and every twelve (12) months thereafter for the term of the Contract.
I. CONTRACTOR means that person or entity that has obtained from the TOWN a Contract to
provide the services set forth herein.
J. Contractor -Generated Waste means Bulk Trash and/or Yard Trash generated by builders,
building contractors, privately employed tree trimmers and tree surgeons, landscape services,
lawn or yard maintenance services, and nurseries.
K. Designated Disposal Facilitv means the facility designated in this Contract for disposal of the
TOWN'S Solid Waste.
L. Designated Processiniz Facility means the facility designated in this Contract at which the
CONTRACTOR will process Program Recyclables, which facility may be the same as or different
than the Designated Recycling Facility.
M. Designated Recvclin.R Facility means the facility designated in this Contract at which the
CONTRACTOR will receive delivery of Program Recyclables, whether such facility is a materials
recovery facility, recovered materials processing facility, or a transfer station.
N. Designated Receiving Facility means the facility at which Solid Waste is received by the
CONTRACTOR.
Note: The Town may award separate contracts for solid waste disposal and- recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 6
O. Drop -Off Bulk Waste means Bulk Waste generated from residential sources within the TOWN
and accepted by the CONTRACTOR at a drop-off location as specified in this Contract. For the
purposes of this Contract, Drop -Off Bulk Waste shall include residential Bulk Trash and Yard
Trash, but not any putrescible waste, commercially generated waste, Contractor -Generated
Waste, or Unacceptable Waste, with the exception of tires.
P. Effective Date means the date this Contract is executed by both the TOWN and CONTRACTOR.
Q. Electronic Waste or E-Waste means end -of -life or discarded electronic devices or component
parts. For the purposes of this Contract, E-Waste includes computers, monitors, laptops, mice,
printers, televisions, DVD, Blue Ray, CD or VCR players, copiers, fax machines, cell phones,
chargers, rechargeable batteries, scanners, keyboards, stereos, speakers, small appliances,
and auto/boat batteries from residential sources, as well as other items mutually agreed upon
by the TOWN and CONTRACTOR.
R. Hazardous Waste means any solid waste that is defined as a hazardous waste by the Florida
Department of Environmental Protection in the State of Florida Administrative Code, or by
any current or future Federal, State, or local law.
S. Holida means a designated holiday on which the CONTRACTOR shall not be required to
provide service. For the purposes of this Contract, Holiday shall only mean Christmas Day
unless additional Holidays are approved by the Contract Administrator.
T. Household Hazardous Waste or HHW means a waste produced in the home containing
hazardous substances that may pose a threat to the environment, wildlife, and/or human
health. For the purposes of this Contract, HHW includes aerosol products, ammonia,
ammunition, anti -freeze, auto fluids, auto batteries, boat batteries, boat fluids, charcoal
starter, compact fluorescent bulbs (CFLs), drain cleaner, fertilizers, fire extinguishers,
fireworks, flares, fluorescent tubes, gasoline, herbicides, household cleaners, insect killer,
kerosene, lawn chemicals, lighter fluid, mercury thermometers, motor oil, nail polish
remover, paint, pesticides, photo chemicals, pool chemicals, propane tanks, rechargeable
batteries, rust remover, solvents, spot remover, tires, turpentine, weed killer, wood stains,
and wood stripper from residential sources, as well as other items mutually agreed upon by
the TOWN and CONTRACTOR.
U. Program Recyclables means Recyclable Materials collected by or on behalf of the TOWN and
over which the TOWN has control, including newspapers (including inserts), corrugated
cardboard, mixed paper (including brown paper bags, magazines, phonebooks, junk mail,
white and colored paper, shredded paper in a bag, and paperboard), aluminum cans, plastic
containers and bottles marked with SPI codes 1-7, glass bottles and jars, tin and ferrous cans,
polycoated cartons, and other materials added by mutual agreement of the TOWN and
CONTRACTOR.
V. Recovered Materials means Recyclable Materials which have been processed to market
specifications.
W. Recyclable
Materials or Recyclables
means those materials that
are capable of being recycled
and
which
would otherwise
be processed or disposed of as solid
waste.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 7
X. Re'ects means materials, other than Residue, that cannot be recycled and that cannot be
processed into Recovered Materials.
Y. Residue means the portion of the Recyclable Material stream accepted by the CONTRACTOR
that is not converted to Recovered Materials due to breakage and/or transportation or
processing inefficiencies.
Z. Single Stream means a recycling process that allows for Recyclable Materials to be collected
commingled with no sorting required by residents, businesses, or haulers.
AA. Solid Waste means rubbish, refuse, trash, or other similar discarded material resulting from
domestic, industrial, commercial, agricultural, or governmental operations. For the purposes
of this Contract, Solid Waste does not include Recyclable Materials, Unacceptable Waste,
residential Bulk Waste, or Solid Waste not controlled by the TOWN.
BB. Ton means a unit of weight equal to 2,000 pounds, also referred to as a short ton.
CC. TOWN means the Town of Southwest Ranches, Florida.
DD. Town's Contract Hauler means the firm that is presently, or that may in the future, contract
with the TOWN to collect and transport Solid Waste and Program Recyclables.
EE. Town Council or Council means the governing body of the Town of Southwest Ranches,
Florida.
FF. Unacceptable Waste means Biohazardous or Biomedical Waste, Hazardous Waste, sludge,
automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines,
lead -acid batteries, used oil and tires, and those wastes under the control of the Nuclear
Regulatory Council.
GG. Work Day means any day, Monday through Saturday, which is not a Holiday as set forth in this
Contract.
HH. Yard Trash means any vegetative matter resulting from normal yard and landscaping
maintenance. Yard Trash must be generated from residential sources. Yard Trash includes
Christmas trees, but does not include Contractor -Generated Waste.
SECTION 3. CONTRACTOR'S DISPOSAL RESPONSIBILITIES
A. Designated Facilities
(1) The following facility is the Designated Receiving Facility at which Solid Waste will be
received by the CONTRACTOR pursuant to this Contract: [Facility name and location to
be inserted based on selected Bid.]
(2) The following facility is the Designated Disposal Facility at which Solid Waste will be
disposed pursuant to this Contract: [Facility name and location to be inserted based on
selected Bid.]
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Aizreement for Solid Waste Disposal a
Recvclables Processin
rvices
Page
(3) The Designated Receiving Facility and Designated Disposal Facility may be changed only
with prior written approval by the Contract Administrator. The CONTRACTOR shall not
take the TOWN'S Solid Waste to any other disposal facility than the Designated Disposal
Facility unless prior written approval is given by the Contract Administrator.
(4) The CONTRACTOR shall be fully responsible for all aspects of the management,
operations, and maintenance of the Designated Receiving Facility and Designated
Disposal Facility.
(5) The CONTRACTOR shall ensure that the Designated Receiving Facility and Designated
Disposal Facility are operated at all times in full compliance with all applicable local,
State and Federal laws, regulations, permits and similar requirements.
(6) The TOWN shall have the right, during the CONTRACTOR'S hours of operation, to
inspect both the operating and maintenance practices of the Designated Receiving
Facility and Designated Disposal Facility. Operating practices shall include, but not be
limited to, the receipt, loading, storage, transport, and disposal of Solid Waste. The
CONTRACTOR shall reasonably accommodate the TOWN'S inspection_ rights described
herein, provided it does not create a safety hazard.
B. Solid Waste Acceptance and Disposal
(1) Beginning on the Commencement Date, the TOWN shall direct the Town's Contract
Hauler to deliver all Solid Waste over which the TOWN has control to the Designated
Receiving Facility during the scheduled receiving hours specified herein. The TOWN
makes no assurances or guarantees regarding the quantity of Solid Waste that will be
delivered to the Designated Receiving Facility.
(2) Beginning on the Commencement Date, the CONTRACTOR shall accept deliveries of
Solid Waste at the Designated Receiving Facility between the hours of 6:00 a.m. and
6:00 p.m. -Monday through Friday and 6:00 a.m. and 4:00 p.m. on Saturday or other
hours, approved in writing, by the Contract Administrator. The Designated Receiving
Facility may be closed on Holidays as defined herein. No reduction in scheduled
receiving hours shall be made without the prior written approval of the Contract
Administrator.
(3) The Designated Receiving Facility shall be operated to facilitate delivery vehicle access
during operations. The daily average delivery vehicle turnaround time from arrival at the
Designated Facility site to exit from the facility site shall not exceed twenty (20)
minutes. Delays caused by equipment failure not due to negligence of the CONTRACTOR
or other fault of the delivery vehicle shall not be included in the turn -around time
computation. The CONTRACTOR will provide the TOWN with access to its records to
verify vehicle turnaround time within twenty-four (24) hours' notice.
(4) The Designated Receiving Facility shall be equipped with adequately -sized legal -for -
trade truck scales and computerized recordkeeping systems for weighing and recording
all incoming Solid Waste delivery vehicles. Such scales shall be inspected and approved
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 9
for use prior to placing them into service. CONTRACTOR shall calibrate and certify scales
no less frequently than annually.
(5) The CONTRACTOR shall weigh all trucks transporting Solid Waste, by or on behalf of the
TOWN, that enter the Designated Receiving Facility, record such weights separate from
all other materials, and generate reports of incoming Solid Waste as required herein or
requested by the TOWN. The CONTRACTOR may use tare weights. If the CONTRACTOR
chooses to use tare weights, all tare weights must be recalibrated at least every sixty
(60) calendar days.
(6) Upon acceptance of Solid Waste at the Designated Receiving Facility, the CONTRACTOR
shall assume ownership of such Solid Waste. The CONTRACTOR shall bear all costs
associated with transporting and disposing of the TOWN'S Solid Waste, including
transport to the Designated Disposal Facility, if applicable.
(7) If Unacceptable Waste is found within a load of Solid Waste delivered by the TOWN or
its agents to the Designated Receiving Facility, the CONTRACTOR shall immediately
notify the Contract Administrator and note the incident by taking a photograph of the
Unacceptable Waste and the truck, including the truck number, and the truck driver's
information that delivered the Unacceptable Waste. The CONTRACTOR is responsible
for properly isolating, containerizing, ' and disposing of such Unacceptable Waste in
accordance with all applicable laws. The cost of managing and disposing of such
Unacceptable Waste shall be borne by the TOWN, provided that the CONTRACTOR has
adequately documented that such waste was delivered by or on behalf of the TOWN.
(8) In the event the CONTRACTOR fails, refuses, or is unable to accept Solid Waste on the
Commencement Date or thereafter during the term of the Contract, the CONTRACTOR
will be liable for all hauling, processing, transportation, disposal charges, and any other
related costs in excess of the Disposal Fee paid to the CONTRACTOR that may be
incurred by the TOWN with respect to the disposal of such Solid Waste.
C. Ancillary Services
(these services will be included in the final contract at the discretion of the TOWN)
(1) The CONTRACTOR shall provide four (4) HHW and E-Waste collection events per year
(one per calendar year quarter), hereinafter referred to as "HHW Collection Events."
Such events shall be conducted within the TOWN limits at a location to be provided by
the TOWN and on dates to be approved by the Contract Administrator. Such HHW
Collection Event shall be limited to TOWN residents who show official proof of
residency.
(a) Each HHW Collection Event shall occur on a Saturday and shall last at least six (6)
hours in duration or until all residents that have arrived at the location during those
hours have been serviced. CONTRACTOR shall arrive at a minimum of one and one-
half (1.5) hours prior to the event start time for setup and a pre -event safety
meeting.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 10
(b) The CONTRACTOR shall be responsible. for providing all staff, equipment, and
resources needed for the collection, quantifying, packaging and removal of HHW
and E-Waste received at each HHW Collection Event.
(c) The CONTRACTOR shall accept, quantify, log, transfer, recycle, reuse and/or dispose
of HHW and E-Waste delivered by TOWN residents to the HHW Collection Event.
(d) The CONTRACTOR shall provide traffic control, adequate ingress and egress, and
adequate staff to prevent long waits for TOWN residents.
(e) The CONTRACTOR shall ensure that HHW and E-Waste is accepted from TOWN
residents only, via valid identification or other means. No commercially generated
waste or Contractor -Generated Waste shall be accepted.
(f) The CONTRACTOR is solely responsible for complying with all local, State, and
Federal regulations regarding packaging, recycling, demanufactu ring, and
transporting E-Waste and HHW, including any and all requirements mandated by
federally permitted facilities.
(g) Upon acceptance of HHW and E-Waste at the HHW Collection Event, the
CONTRACTOR shall bear all costs associated with processing, transporting, recycling,
reusing, and/or disposing of such materials.
(h) For invoicing purposes, the CONTRACTOR shall quantify and weigh all materials
received during the Drop -Off HHW Collection Event. If any weighing is to be
conducted at the HHW Collection Event site, the CONTRACTOR shall utilize a
portable scale capable of accurately weighing from one (1) pound to two hundred
fifty (250) pounds. The CONTRACTOR is responsible for maintenance, servicing, and
certification of scales annually. Copy of scale certifications shall be provided to the
TOWN within twenty-four (24) hours after calibration. If weighing is to be done
offsite, the facility shall be equipped with a similarly certified portable scale or an
adequately -sized legal -for -trade truck scales and computerized recordkeeping
systems for weighing and recording all incoming HHW delivery vehicles. Such scales
shall be inspected and approved for use prior to placing them into service.
CONTRACTOR shall calibrate and certify scales no less frequently than annually.
(i) At least sixty (60) days prior to the Commencement Date, the CONTRACTOR shall
provide the TOWN with an Operations Plan detailing the following:
• Number of staff personnel and minimum level of training of such staff. Drop -
Off HHW Site Manager shall receive training in accordance with OSHA 29 CFR
§1910.120.
• List of onsite equipment.
• Set up of site, including traffic control, ingress and egress, and restricted
areas.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 11
• Methodology detailing how materials will be received and logged and a
sample log sheet.
• Methodology detailing how materials will be managed, collated,
containerized and/or palletized, tracked, weighed, and/or transported from
the HHW Collection Event site to final disposal/recycling facilities.
• Site safety, chemical containment, and spill containment plans.
• Methodology detailing how the CONTRACTOR will ensure accurate invoicing
to the TOWN. Methodology shall detail where and how materials will be
weighed for invoicing purposes and how the weight of pallets, drums, and
other packaging materials will be deducted from gross weight.
• Sample invoice for TOWN review.
The Operations Plan is subject to approval by Contract Administrator.
(j) Within thirty (30) days of the Commencement Date, the CONTRACTOR shall provide
documentation of end markets for all HHW and E-Waste. Documentation may be in
the form of (1) letter of agreements/contracts on subcontractor letterhead; (2)
copies of agreements/contracts indicating scope of agreement, dates and
signatures; or (3) sworn affidavit from CONTRACTOR on contractor letterhead. Such
documentation shall specify the materials involved, time period for which
agreement or affidavit is valid, and a general description of the material disposition
(precious metal recovery, sale to repair facility, resale to public, secondary lead
smelter, etc.). The CONTRACTOR shall keep this information current throughout the
term of the Contract. Should the environmental or regulatory compliance record of
an end market warrant, the TOWN reserves the right to require the CONTRACTOR to
change end markets.
(2) The CONTRACTOR shall provide four (4) drop-off collection events per year (one per
calendar year quarter) for Drop -Off Bulk Waste, hereinafter referred to as "Drop-off
Collection Events." Such events shall be conducted within the TOWN limits at a location
to be provided by the TOWN and on dates to be approved by the Contract
Administrator. Such Drop -Off Collection Events shall be limited to TOWN residents who
show official proof of residency.
(a) Each Drop -Off Collection Event shall occur on a Saturday and shall last at least six (6)
hours in duration or until all residents that have arrived at the location during those
hours have been serviced. Such events may be scheduled in conjunction with or
separate from the HHW Collection Events, as approved by the Contract
Administrator.
(b) The CONTRACTOR shall be responsible for providing all staff, equipment, and
resources needed to conduct each Drop -Off Collection Event.
(c) The CONTRACTOR shall accept, transfer, recycle, reuse and/or dispose of Drop -Off
Bulk Waste delivered by TOWN residents to the Drop -Off Collection Events.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Paize 12
(d) The CONTRACTOR shall ensure that Drop-off Bulk Waste is accepted from TOWN
residents only, via valid identification or other means. No commercially generated
waste or Contractor -Generated Waste shall be accepted.
(e) Upon acceptance of Drop -Off Bulk Waste at the Drop -Off Collection Event, the
CONTRACTOR shall bear all costs associated with processing, transporting, recycling,
reusing, and/or disposing of such materials.
(f) The CONTRACTOR shall weigh all Drop -Off Bulk Waste materials transferred from
Drop -Off Collection Site upon entering the final disposal/recycling facility and record
the net weight of the materials by subtracting the weight of the empty vehicle upon
exit of the facility. No vehicle tare weights shall be used for Drop -Off Bulk Waste
deliveries. The final disposal facility shall be equipped with adequately -sized legal -
for -trade truck scales and computerized recordkeeping systems for weighing and
recording all incoming Drop -Off Bulk Waste delivery vehicles. Such scales shall be
inspected and approved for use prior to placing them into service. CONTRACTOR
shall calibrate and certify scales no less frequently than annually.
(g) At least sixty (60) days prior to the Commencement Date, the CONTRACTOR shall
provide the TOWN with an Operations Plan detailing the following:
• Number of staff personnel to be on site during operating hours.
• Set up of site, including traffic control and restricted areas.
• list of onsite equipment.
• logistics of how materials will be received, quantified and logged and a
sample log sheet.
• Site Safety Plan.
• Methodology detailing how materials will be received, managed,
containerized, tracked, weighed, and/or transported from the Drop -Off
Collection Event site to final disposal/recycling facilities.
• Details regarding any processing of Drop -Off Bulk Waste that will take place
at Drop -Off Collection Event Site or elsewhere.
• Methodology detailing how the CONTRACTOR will ensure accurate invoicing
to the TOWN. Methodology shall detail where and how materials will be
weighed for invoicing purposes.
• Sample Invoice.
Operations Plan is subject to approval by Contract Administrator.
(h) Within thirty (30) days of the Commencement Date, the CONTRACTOR shall provide
the Contract Administrator with the name of the facility or facilities at which Drop -
Off Bulk Waste will be recycled or disposed, including the facility location, contact
person, phone number, and email address. The CONTRACTOR shall keep this list
current throughout the term of the Contract.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 13
D. Record Keeping
(1) The CONTRACTOR shall create, maintain, and make available records as defined herein;
as required by all applicable local, State, and Federal laws, rules and regulations; or as
are reasonably necessary to document and track the performance of work pursuant to
this Contract.
(2) The CONTRACTOR shall maintain records of the amounts of the TOWN'S Solid Waste
received at the Designated Receiving Facility. Such records shall be kept separate and
apart from all other records maintained by the CONTRACTOR. Records shall distinguish
between residential Solid Waste and commercial Solid Waste, and shall provide delivery
date and time, vehicle number, and net weight.
(3) The CONTRACTOR shall maintain such records in accordance with generally accepted
management principles and practices. The TOWN shall have access to such books,
records, documents, and other evidence for inspection, review, and copying during
normal business hours. The CONTRACTOR will provide proper facilities for such access
and inspection. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may
have application to records or documents pertaining to this Contract, and CONTRACTOR
acknowledges that such laws have possible application and agrees to comply with all
such laws.
(4) The CONTRACTOR shall complete and maintain log sheets, the format of which must be
approved by the Contract Administrator, regarding the HHW and E-Waste received at
each HHW Collection Event. At a minimum, the CONTRACTOR shall record the number
and types (e.g., automobile, pickup truck, trailer, etc.) of vehicles delivering materials,
the name and the address of the resident dropping off the HHW and E-Waste, the types
of HHW and E-Waste delivered by each resident, and the total amount of HHW and E-
Waste collected at each event by type. The log sheets must be verified and signed by
the CONTRACTOR and the TOWN and each provided with a copy before any HHW and E-
Waste are transported from the collection site.
(5) The CONTRACTOR shall complete and maintain log sheets regarding the Drop -Off Bulk
Waste received at each Drop -Off Collection Event. At a minimum, the CONTRACTOR
shall record the number and types (e.g., automobile, pickup truck, trailer, etc.) of
vehicles delivering Bulk Waste, the name and the address of the resident dropping off
the Drop -Off Bulk Waste, the types and estimated quantities, in cubic yards, of Bulk
Waste delivered by each resident, and the total amount (in cubic yards) of Bulk Waste
collected at each event.
(6) The CONTRACTOR will maintain and allow access to books, records, data, documents,
and reports relating to this Contract in accordance with the records retention
requirements set forth in Florida law.
E. Reporting
(1) Prior to the fifteenth (15t") calendar day of each month during the term of this Contract,
the CONTRACTOR shall submit a report electronically to the Contract Administrator, in a
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 14
format approved by the Contract Administrator. The report shall provide the total
tonnage of residential Solid Waste and commercial Solid Waste received at the
Designated Receiving Facility during the previous month, as well as a breakdown by
delivery date and time, vehicle number, and quantity. If applicable, the report shall
include any tonnage diverted from disposal by the CONTRACTOR.
(2) Within thirty (30) calendar days after each HHW Collection Event and Drop -Off
Collection Event, the CONTRACTOR shall submit a report electronically to the Contract
Administrator, in a format approved by the Contract Administrator. The report shall
provide the information collected at the HHW Collection Event and Drop -Off Collection
Event.
(3) Within ninety (90) days after each HHW Collection Event and Drop -Off Collection Event,
the CONTRACTOR shall provide documentation of disposal and/or recycling, indicating
the recycling/demanufacturing/disposal location and certifying that all HHW, E-Waste,
and Bulk Waste was handled in accordance with State.. Federal, and international rules
as they apply.
(4) Within thirty (30) days after the end of each Contract Year, the CONTRACTOR shall
provide the Contract Administrator with a report summarizing the total Tons of
residential Solid Waste and commercial Solid Waste delivered to the Designated
Receiving Facility during the Contract Year and the net tonnage diverted from disposal
(if applicable).
(5) At least fifteen (15) days prior to the end of each Contract Year during the term of this
Contract, the CONTRACTOR shall ensure and certify to the TOWN that all required
documents are current and on file with the TOWN. Such documents include, but are not
limited to, certificates of insurance and performance bond.
SECTION 4. CONTRACTOR'S RECYCLABLES PROCESSING RESPONSIBILITIES
A. Designated Facilities
(1) The following facility is the Designated Recycling Facility at which Program Recyclables
will be received by the CONTRACTOR pursuant to this Contract: [Facility name and
location to be inserted based on selected Bid.]
(2) The following facility is the Designated Processing Facility at which Program Recyclables
will be processed pursuant to this Contract: [Facility name and location to be inserted
based on selected Bid.]
(3) The Designated Recycling Facility and Designated Processing Facility may be changed
only with prior written approval by the Contract Administrator.
(4) The CONTRACTOR shall be fully responsible for all aspects of the management,
operations, and maintenance of the Designated Recycling Facility and Designated
Processing Facility.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 15
(5) The CONTRACTOR shall ensure that the Designated Recycling Facility and Designated
Processing Facility are operated at all times in full compliance with all applicable local,
State and Federal laws, regulations, permits and similar requirements.
(6) The TOWN shall have the right, during the CONTRACTOR'S hours of operation, to
inspect both the operating and maintenance practices of the Designated Recycling
Facility and Designated Processing Facility. Operating practices shall include, but not be
limited to, the receipt, separation, processing, loading, storage, and transport of
Recyclable Materials and Recovered Materials. The CONTRACTOR shall reasonably
accommodate the TOWN'S inspection rights described herein, provided it does not
create a safety hazard.
B. Materials Acceptance
(1) Beginning on the Commencement Date, the TOWN shall direct the TOWN'S Contract
Hauler to deliver all Program Recyclables to the Designated Recycling Facility during the
scheduled receiving hours specified herein. Program Recyclables will be delivered Single
Stream. The TOWN makes no assurances or guarantees regarding the quantity of
Program Recyclables that will be delivered to the Designated Recycling Facility.
(2) Beginning on the Commencement Date, the CONTRACTOR shall accept deliveries of
Program Recyclables at the Designated Recycling Facility between the hours of 6:00 a.m.
and 6:00 p.m. Monday through Friday and 6:00 a.m. and 4:00 p.m. on Saturday or other
hours, approved in writing, by the Contract Administrator. The Designated Recycling
Facility may be closed on Holidays as defined herein. No reduction in scheduled
receiving hours shall be made without the prior written approval of the Contract
Administrator.
(3) Program Recyclables are as defined in Section 2.U. The TOWN reserves the right to
designate or remove other Recyclable Materials as Program Recyclables if the
contracting parties agree it is technically feasible.
(4) The Designated Recycling Facility shall be operated to facilitate delivery vehicle access
during operations. The daily average delivery vehicle turnaround time from arrival at the
facility site to exit from the facility site shall not exceed twenty (20) minutes. Delays
caused by equipment failure not due to negligence of the CONTRACTOR or other fault of
the delivery vehicle shall not be included in the turn -around time computation. The
CONTRACTOR will provide the TOWN with access to its records to verify vehicle
turnaround time within twenty-four (24) hours notice.
(5) The Designated Recycling Facility shall be equipped with adequately -sized legal -for -
trade truck scales and computerized recordkeeping systems for weighing and recording
all incoming Program Recyclables delivery vehicles. Such scales shall be inspected and
approved for use prior to placing them into service. CONTRACTOR shall calibrate and
certify scales no less frequently than annually.
(6) The CONTRACTOR shall weigh all trucks transporting Program Recyclables that enter the
Designated Recycling Facility, record such weights separate from all other materials, and
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and, Recyclables Processing Services Page 16
generate reports of incoming Program Recyclables as required herein or requested by
the TOWN. The CONTRACTOR may use tare weights. If the CONTRACTOR chooses to use
tare weights, all tare weights must be recalibrated at least every sixty (60) calendar
days.
(7) If Hazardous Waste is found within a load of Program Recyclables delivered by the
TOWN or its agents to the Designated Receiving Facility, the CONTRACTOR shall
immediately notify the Contract Administrator and note the incident by taking a
photograph of the Hazardous Waste and the truck, including the truck number and the
truck driver's information, that delivered the waste. The CONTRACTOR is responsible for
properly isolating, containerizing, and disposing of such Hazardous Waste in accordance
with all applicable laws. The cost of managing and disposing of such Hazardous Waste
shall be borne by the TOWN, provided that the CONTRACTOR has adequately
documented that such waste was delivered by or on behalf of the TOWN.
(8) In the event the CONTRACTOR fails, refuses, or is unable to accept Program Recyclables
on the Commencement Date or thereafter during the term of the Contract, the
CONTRACTOR will be liable for all hauling, processing, transportation, disposal charges
and any other related costs, in excess of payments that would have been made under
this Contract, which may be incurred by the TOWN with respect to recycling and
marketing such materials.
C. Transport, Processing, Marketing, and Disposal
(1) Upon acceptance of Program Recyclables at the Designated Recycling Facility, the
CONTRACTOR shall bear all costs associated with processing or transporting Program
Recyclables and marketing and transporting Recovered Materials. The CONTRACTOR is
responsible for all costs of transporting and disposing of non -recyclable materials,
including Rejects and Residue, resulting from the processing of Program Recyclables.
(2) Unless the CONTRACTOR has prior written permission from the TOWN, the
CONTRACTOR shall not dispose of and/or landfill any Program Recyclables or Recovered
Materials resulting from the processing of Program Recyclables. The CONTRACTOR shall
not knowingly, or without reasonable assumption, sell Program Recyclables or
Recovered Materials resulting from processing of Program Recyclables to another agent
that landfills or disposes of material other than through recycling. This does not apply to
Rejects and Residue.
D. Record Keeping
(1} The CONTRACTOR shall create, maintain, and make available records as defined herein;
as required by all applicable local, State, and Federal laws, rules and regulations; or as
are reasonably necessary to document and track the performance of work pursuant to
this Contract.
(2) The CONTRACTOR shall maintain records of the amounts of Program Recyclables
received at the Designated Recycling Facility. Such records shall be kept separate and
apart from all other records maintained by the CONTRACTOR.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and R
►clables Processing Service
e17
(3) The CONTRACTOR shall maintain such records in accordance with generally accepted
management principles and practices. The TOWN shall have access to such books,
records, documents, and other evidence for inspection, review, and copying during
normal business hours. The CONTRACTOR will provide proper facilities for such access
and inspection. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may
have application to records or documents pertaining to this Contract, and CONTRACTOR
acknowledges that such laws have possible application and agrees to comply with all
such laws.
(4) The CONTRACTOR will maintain and allow access to books, records, data, documents,
and reports relating to this Contract in accordance with the records retention
requirements set forth in Florida Law.
E. Reporting
(1) Prior to the fifteenth (15t") calendar day of each month during the term of this Contract,
the CONTRACTOR shall submit a report electronically to the Contract Administrator, in a
format approved by the Contract Administrator. The report shall provide the total
tonnage of Program Recyclables received at the Designated Recycling Facility during the
previous month, as well as a breakdown by delivery date and time, vehicle number, and
quantity.
(2) Within thirty (30) days of the end of each Contract Year, the CONTRACTOR shall provide
the Contract Administrator with a report summarizing the total Tons of Program
Recyclables delivered to the Designated Facility during the Contract Year and the net
tonnage diverted from disposal. Additionally, the CONTRACTOR shall submit a copy of
the annual report submitted to FDEP summarizing Recyclable Materials deliveries by
type, quantity, and source.
(3) At least fifteen (15) days prior to the end of each Contract Year during the term of this
Contract, the CONTRACTOR shall ensure and certify to the TOWN that all required
documents are current and on file with the TOWN. Such documents include, but are not
limited to, certificates of insurance and performance bond.
F. Public Education and Information
(1) The CONTRACTOR shall, at no cost to the TOWN, provide an educational presentation at
up to two (2) events per Contract Year as requested by the TOWN.
(2) The CONTRACTOR shall, at no cost to the TOWN, provide tours of the Designated MRF
upon at least seven (7) calendar days notice by the TOWN. The CONTRACTOR shall
provide personnel (bilingual upon request) to lead the tour and all necessary personal
safety equipment. Designated areas for tour -group participants to safely observe the
operations of the facility will be jointly agreed to by both the TOWN and the
CONTRACTOR prior to conducting any tours.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 18
SECTION 5. RATES AND BILLING FOR DISPOSAL SERVICE
A. Disposal Fee
(1) The per -Ton fee for receipt, management, and disposal of the TOWN's residential and
commercial Solid Waste, and providing all related services as specified herein, is as
specified in Exhibit 1 of this Contract. This fee is hereinafter referred to as the "Disposal
Fee."
(2) The TOWN shall be responsible for payment of the Disposal Fee for residential Solid
Waste, as specified in Section S.E. The CONTRACTOR shall collect payment for disposal
of commercial Solid Waste from the Town's Contract Hauler.
(3) The Disposal Fee shall remain the same through the first Contract Year. At the
beginning of the second Contract Year and each subsequent Contract Year during the
term of the Contract, the Disposal Fee shall be adjusted based on eighty percent (80%)
of the percentage change in the Consumer Price Index (CPI) between the month of
March in the previous year and the month of March in the current year, rounded to the
nearest tenth, for all Urban Consumers (CPI-U), All Items, Not Seasonally Adjusted for
the South Region (series ID #CUUR0300SA0) as determined and recorded by the United
States Department of Labor, Bureau of Labor Statistics. In no event shall the annual
Disposal Fee adjustment exceed three percent (3%) of the Disposal Fee paid by the
TOWN during the previous Contract Year.
B. Contract Preparation and Administration Expenses. The CONTRACTOR understands and
agrees that the cost of the bid process is a part of the cost of providing disposal service and
thus a responsibility of the CONTRACTOR, and even though such costs in the amount of thirty
thousand dollars ($30,000) were initially expended by the TOWN, the expenditure was for the
benefit of the CONTRACTOR. Accordingly, CONTRACTOR agrees that any and all monies due
CONTRACTOR for the provision of services under this Contract, up to an amount of thirty
thousand dollars ($30,000), will be credited against the CONTRACTOR'S monthly invoices, as
follows, as reimbursement for these expenditures:
(1) Ten thousand dollars ($10,000) will be credited against payment to the CONTRACTOR
for the first month of service.
(2) The remaining twenty thousand dollars ($20,000) will be credited against the
CONTRACTOR'S monthly invoices at two thousand dollars ($2,000) per month for ten
(10) months, beginning the second month of the Contract term.
C. HHW Collection Event Fees
(1) The per -event fee for providing all staff, equipment, and resources needed for the HHW
Collection Event and the per -item disposal/recycling fees for each type of HHW and E-
Waste are as specified in Exhibit 1 of this Contract. These fees are hereinafter referred
to as the "HHW Collection Event Fees."
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recvclables Processing Services Page 19
(2) The TOWN shall be responsible for payment of the HHW Collection Event Fees, as
specified in Section 5.E.
(3) The HHW Collection Event Fees shall remain the same through the first Contract Year.
At the beginning of the second Contract Year and each subsequent Contract Year during
the term of the Contract, the HHW Collection Event Fees shall be adjusted based on
eighty percent (80%) of the percentage change in the Consumer Price Index (CPI)
between the month of March in the previous year and the month of March in the
current year, rounded to the nearest tenth, for all Urban Consumers (CPI-U), All Items,
Not Seasonally Adjusted for the South Region (series ID #CUUR0300SA0) as determined
and recorded by the United States Department of Labor, Bureau of Labor Statistics. In
no event shall the annual HHW Collection Event Fees adjustment exceed three percent
(3%) of the HHW Collection Event Fees paid by the TOWN during the previous Contract
Year.
D. Drop -Off Collection Event Fees
(1) The per -event fee for providing all staff, equipment, and resources needed for the Drop -
Off Collection Event and the per -Ton disposal fee for Drop -Off Bulk Wastes are as
specified in Exhibit 1 of this Contract. These fees are hereinafter referred to as the
"Drop -Off Collection Event Fees."
(2) The TOWN shall be responsible for payment of the Drop -Off Collection Event Fees, as
specified in Section 5.E.
(3) The Drop -Off Collection Event Fees shall remain the same through the first Contract
Year. At the beginning of the second Contract Year and each subsequent Contract Year
during the term of the Contract, the Drop -Off Collection Event Fees shall be adjusted
based on eighty percent (80%) of the percentage change in the Consumer Price Index
(CPI) between the month of March in the previous year and the month of March in the
current year, rounded to the nearest tenth, for all Urban Consumers (CPI-U), All Items,
Not Seasonally Adjusted for the South Region (series ID #CUUR0300SA0) as determined
and recorded by the United States Department of Labor, Bureau of Labor Statistics. In
no event shall the annual Drop -Off Collection Event Fees adjustment exceed three
percent (3%) of the Drop -Off Collection Event Fees paid by the TOWN during the
previous Contract Year.
E. Invoicing and Payment
(1) The CONTRACTOR shall submit a monthly invoice, in a form acceptable to the TOWN,
detailing the total fees due to the CONTRACTOR for disposal of residential Solid Waste
during the previous month. The invoice shall be sent to the following address:
Town of Southwest Ranches
Attn: Contract Administrator (to be named by the Town)
13400 Griffin Road
Southwest Ranches, FL 33330
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 20
(2) Following each HHW Collection Event, the CONTRACTOR shall submit an itemized
invoice, which shall provide the following information:
(a) Date and location of HHW Collection Event.
(b) Quantities, in pounds, by category, of waste collected.
(c) Cost per pound of waste collected by category.
(d) Total amount due for the HHW Collection Event.
(3) Following each Drop -Off Collection Event, the CONTRACTOR shall submit an itemized
invoice, which shall provide the following information:
(a) Date and location of Drop -Off Collection Event.
(b) Quantities, in Tons, of Bulk Waste collected.
(c) Cost per Ton of Bulk Waste collected.
(d) Total amount due for the Drop -Off Collection Event.
(4) The TOWN shall remit payment within thirty (30) days of invoice receipt.
SECTION
6.
REVENUE AND
PAYMENT FOR RECYCLABLES
A.
Program
Recyclables
Revenue
(1) The CONTRACTOR shall pay the TOWN monthly for each Ton of inbound Program
Recyclables delivered to the Designated Recycling Facility, as determined by the
Designated Recycling Facility's scales. The payment per Ton shall be calculated as
follows and as in Exhibit 2:
(a) Each month, the CONTRACTOR shall calculate the Average Market Value (AMV) of
the Program Recyclables, defined as the sum of the Southeast USA regional average
commodity prices (U.S. Dollars per Ton) first posted in the month for which
payment is being made in RecyclingMarkets.net multiplied by the composition
percentages as defined in Exhibit 2. If at any time during the term of this Agreement
RecyclingMarkets.net no longer posts or otherwise fails to provide the applicable
market indices, then the parties shall mutually select an appropriate replacement
source for the required information from among the sources recycling industry
professionals utilize to obtain reliable Recovered Material pricing information.
(b) A Contractor's Fee of fifty dollars ($50.00) per Ton shall be deducted from the AMV.
This fee shall be adjusted as specified in Section 6.A.(2).
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
}
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 21
(c) The CONTRACTOR shall
pay the TOWN a percentage, as provided in
Exhibit 2,
of the
remaining amount, for
each Ton of inbound
Program Recyclables
delivered
to the
Designated MRF during that month.
(d) If the AMV is less than the Contractor's Fee of fifty dollars ($50.00), the
CONTRACTOR shall make no payment to the TOWN and the TOWN shall make no
payment to the CONTRACTOR. At no time shall the TOWN make payment to the
CONTRACTOR for accepting, processing, or marketing Program Recyclables,
regardless of the AMV.
(2) The Contractor's Fee of fifty dollars ($50) shall remain the same through the first
Contract Year. At the beginning of the second Contract Year and each subsequent
Contract Year during the term of the Contract, the Contractor's Fee shall be adjusted
based on seventy-five percent (75%) of the percentage change in the Consumer Price
Index (CPI) between the month of March in the previous year and the month of March
in the current year, rounded to the nearest tenth. The CPI will be the Consumer Price
Index for the South Urban Region, All Items — All Urban Wage Earners and Clerical
Workers, (series ID #CWUR0300SA0) published by the United States Department of
Labor, Department of Labor Statistics. The total adjustment to the Contractor's Fee in
any given year shall not exceed two percent (2%) of the previous year's Contractor's
Fee. If the CPI is discontinued or substantially altered, the TOWN may select another
relevant price index published by the United States Government or by a reputable
publisher of financial and economic indices.
(3) The TOWN or CONTRACTOR may conduct a composition study of Program Recyclables
delivered to the Designated Recycling Facility. The party requesting such study shall pay
for the study unless otherwise agreed upon. The final methodology and selection of a
qualified entity to conduct the study must be approved by the TOWN. The TOWN
reserves the right to have a representative onsite throughout the recycling composition
study. Study results are subject to final approval by the TOWN, which shall not be
unreasonably withheld. If approved by the TOWN, adjustments to the composition
percentages provided in Exhibit 2 shall be made and shall become effective for the
following month and the remainder of the Contract, or until further adjusted in a future
composition study.
(4) The CONTRACTOR acknowledges and accepts that the formula outlined in Section 6.A
shall be used for calculating revenue throughout the term of the Contract. It is intended
to reflect the current value of Program Recyclables, but might not be an exact
calculation of that value. If the commodity revenue received by the CONTRACTOR
differs from the market index or the Contractor's Fee does not accurately reflect the
CONTRACTOR'S cost for accepting, processing, and marketing Program Recyclables, the
CONTRACTOR shall have taken such items into consideration when bidding the
percentage of the AMV less the Contractor's Fee that it will pay to the TOWN. Any and
all costs associated with accepting, processing, marketing, and transporting Program
Recyclables shall be the responsibility of the CONTRACTOR.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables .Processing Services Page 22
B. Invoicing and Payment
(1) No later than the fifteenth (15") day of each month, the CONTRACTOR shall submit a
monthly report, in a form acceptable to the TOWN, detailing the total revenue due to
the TOWN for the Program Recyclables delivered to the Designated Recycling Facility
during the previous month. The report shall be sent to the following address:
Town of Southwest Ranches
Attn: Contract Administrator (to be named by the Town)
13400 Griffin Road
Southwest Ranches, FL 33330
(2) The CONTRACTOR shall remit payment of said revenue, as detailed in the monthly
report, within thirty (30) calendar days from the end of the month for which the
payment is due. Payment shall be remitted to the following:
Town of Southwest Ranches
Attn: Contract Administrator (to be named by the Town)
13400 Griffin Road
Southwest Ranches, FL 33330
SECTION 7. CHANGE IN LAW
The CONTRACTOR may petition the TOWN for an additional rate adjustment resulting from a change in
law. The CONTRACTOR'S request shall contain substantial proof and justification to support the need for
the rate adjustment. The TOWN may request from the CONTRACTOR such further information as may
be reasonably necessary in making its determination. Within sixty (60) calendar days of receipt of the
request and all other additional information required by the TOWN, the Town Administrator shall make
a determination regarding the fairness of the request, and shall make a recommendation to the Town
Council. The Town Council shall consider the request at a regular meeting. If the Town Council
approves the request, adjusted rates shall become effective upon the Town Council's approval.
SECTION 8. LIQUIDATED DAMAGES
A. Assessment of Liquidated Damages The Contract Administrator may assess liquidated
damages pursuant to this Section on a monthly basis in connection with this Contract and
shall, at the end of each month during the term of this Contract, notify the CONTRACTOR in
writing of the liquidated damages assessed and the basis for each assessment. In the event
the CONTRACTOR wishes to contest such assessment, it may request in writing a meeting
with the Contract Administrator to resolve the issue. The TOWN shall notify the CONTRACTOR
in writing of any action taken with respect to CONTRACTOR'S claims. The Town
Administrator's decision shall be final and conclusive unless determined by a court of
competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to
necessarily imply bad faith, or not supported by competent evidence.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recvclables Processing Services Page 23
B. Liquidated Damages for Disposal Service The TOWN may assess liquidated damages against
the CONTRACTOR for failing to provide disposal and/or ancillary services in compliance with
requirements of this Contract. It is hereby agreed that the TOWN may deduct from any
monies due, or which may become due to the CONTRACTOR, liquidated damages, and not as
a penalty, in the following amounts:
1. Failure to accept Solid Waste during scheduled receiving hours $500 .per unaccepted load
(Section 3.6.)
2. Failure to provide a daily average delivery vehicle turnaround $100 per day
time that does not exceed 20 minutes (Section 3.13.)
3. Failure to appear at HHW or Drop -Off Collection Events in a $2,500 per instance
capacity satisfactory to accept and transfer materials received.
(Section 3.C.)
4. Failure to submit timely records and reports (Section 3.E.) $100 per calendar day late
C. Liquidated Damages for Recvclables Processing Service. The TOWN may assess liquidated
damages against the CONTRACTOR for failing to provide recyclables processing services in
compliance with requirements of this Contract. It is hereby agreed that the TOWN may
deduct from any monies due, or which may become due to the CONTRACTOR, liquidated
damages, and not as a penalty, in the following amounts:
1. Failure to accept Recyclable Materials during scheduled $500 per unaccepted load
receiving hours (Section 4.13.)
2. Failure to provide a daily average delivery vehicle turnaround $100 per day
time that does not exceed 20 minutes (Section 4.6.)
3. Disposing of Recyclable Materials or Recovered Materials $1,000 per occurrence
without prior approval of the Executive Director (Section 4.C.)
4. Failure to submit timely records and reports (Section 4.E.) $100 per calendar day late
5. Failure to make timely payment to the TOWN (Section 6.6.) $100 per calendar day late
SECTION 9. EMERGENCY SERVICE PROVISIONS
In the event of a hurricane, tornado, major storm, natural disaster, or other such event, the Contract
Administrator may grant the CONTRACTOR a variance from regular service. However.. CONTRACTOR
shall make its best effort to resume regular service as soon as possible, and no later than resumption of
collection service by the Town's Contract Hauler. As soon as practicable after such event, the
CONTRACTOR shall advise the Contract Administrator when it is anticipated that normal service can be
resumed.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 24
SECTION 10. PERFORMANCE BOND
A. Prior to commencing services, the CONTRACTOR shall furnish to the TOWN, and keep current
for the full duration of the Contract and any renewal, a Performance Bond for the faithful
performance of this Contract and all obligations arising hereunder in the amount below.
(1) The Performance Bond for disposal services shall be in the amount of one hundred
twenty-five thousand dollars ($125,000).
(2) The Performance Bond for recyclables processing services shall be in the amount of ten
thousand dollars ($10,000).
B. The Performance Bond shall be executed by a surety company licensed to do business in the
State of Florida; having an "A" or better rating by A.M. Best or Standard and Poors; included
on the list of surety companies approved by the Treasurer of the United States; and in a form
acceptable to the TOWN.
SECTION 11. INSURANCE
11.1 Policy limits. CONTRACTOR
Contractor has obtained all
insurance
Insurance reflecting evidence of the
Administrator.
shall not commence performance under this agreement until
under this section and such Certificates of
insurance have been filed with the Town
required
required
CONTRACTOR shall maintain insurance with minimum policy limits for each coverage as
scheduled below, with such coverage per occurrence, single limit, and commencing prior to the
commencement of the work and continuing to provide coverage for claims based on
occurrences during the Initial Term and any Renewal Term of this Agreement (except for
Pollution Liability, which may be provided on a claims made basis) for a minimum of three years
from the date of termination or expiration of this Agreement:
General Liability
Automobile Liability
Pollution Liability
Commercial Umbrella
$1, 000, 000/$2, 000, 000
$1, 000, 000/$2, 000, 000
$25, 000, 000/$50, 000, o00
$25, 000, 000
Worker's Compensation Statutory Amount
11.2 TOWN as additional insured. The TOWN shall be named as an additional insured on all insurance
policies required under this Agreement, except Workers Compensation. All Insurance Policies
shall be endorsed to provide that (a) Contractor's Insurance is primary to any other Insurance
available to TOWN or any other additional insured with respect to claims covered under the
policy and (b) Contractor's Insurance applies separately to each insured against who claims are
made or suit is brought, and (c) that the inclusion of more than one insured shall not operate to
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 25
increase the Insurer's limit of liability. Self-insurance by CONTRACTOR shall not be acceptable as
providing any of the required insurance coverages required in this Agreement.
11.3 Insurance company standards. Policies required under this Agreement shall be issued by
companies authorized to do business under the laws of the State of Florida, with a minimum
rating from A.M. Best Company of A- Excellent: FSC VII.
11.4 Notice of cancellation. Contractor agrees to furnish TOWN with at least 30 days prior written
notice of any cancellation of any insurance policy required under this Agreement. In the event
the insurance certificate provided indicates that the insurance shall terminate and lapse during
the period of this Agreement, then in that event,. CONTRACTOR shall furnish, at least ten days
prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof
that equal and like coverage for the balance of the period of the Agreement and extension there
under is in effect. CONTRACTOR shall not continue to work pursuant to this Agreement unless all
required insurance remains in full force and effect.
11.5 Minimum level of coverage. To ensure an adequate level of outstanding insurance coverage for
claims that arise from CONTRACTOR'S performance under this Agreement, CONTRACTOR shall
maintain a minimum outstanding level of insurance coverage during the Term of this Agreement
in the amount of twenty-five million dollars ($25,000,000) after deducting the amount of any
claims filed or made against any policy required under this Agreement during the Term of this
Agreement and the five-year period following the term of this Agreement.
11.6 Premium payment responsibility. CONTRACTOR shall be solely responsible for payment of all
premiums for insurance contributing to the satisfaction of this Agreement and shall be solely
responsible for the payment of all deductibles and retentions to which such policies are subject.
CONTRACTOR shall ensure that any company issuing insurance to satisfy the requirements
contained in this Agreement, agrees that they shall have no recourse against TOWN for payment
or assessments in any form on any policy of insurance.
11.7 If Contractor's Insurance policy is a "claims -made" policy, then CONTRACTOR shall maintain such
Insurance Coverage for a period of five (5) years after the expiration or termination of the
agreement or any extensions or renewals of the agreement. Applicable coverages may be met
by keeping the policies in force, or by obtaining an extension of coverage commonly known as a
reporting endorsement of tail coverage.
11.8 If any of Contractor's Insurance policies includes a general aggregate limit and provides that
claims investigation or legal defense costs are included in the general aggregate limit, the
general aggregate limit that is required shall be at least five (5) times the occurrence limits
specified above in this article.
11.9 The official title of the owner is Town of Southwest Ranches. This official title shall be used in all
insurance policies and documentation.
11.10 All required insurance policies shall preclude any insurer's or underwriter's rights of recovery or
subrogation against TOWN with the express intention of the parties being that the required
insurance coverage protects both parties as the primary coverage for any and all losses covered
by the above described insurance.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
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iI and Rec,
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Page 2
11.11 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence,.
Claim or Suit" as it appears in any policy of insurance in which TOWN is named as an additional
named insured shall not apply to TOWN in any respect. TOWN shall use its best efforts to
provide written notice of occurrence within thirty (30) working days after TOWN'S actual notice
of such event.
11.12 Notwithstanding any other provisions of this Agreement, CONTRACTOR'S obligation to maintain
all required insurance as specified in this Section of the Agreement shall survive the expiration
or termination of this Agreement.
SECTION 12. INDEMNIFICATION OF TOWN
A. CONTRACTOR shall indemnify, defend, and hold harmless TOWN, TOWN'S contractors, and
the public officials, officers, directors, employees, agents, and other contractors of each of
them, from and against any and all claims, costs, losses and damages (including but not
limited to all fees and charges of engineers, architects, attorneys, and other professionals as
well as all Court or other dispute resolution costs), liabilities, expenditures or causes of action
of any kind (including negligent, reckless, willful or intentional acts or omissions of the
CONTRACTOR, any subcontractor, any supplier, any person or organization directly or
indirectly employed by any of them to perform or furnish any services or anyone for whose
acts any of them may be liable), caused by the breach of this Contract, violation of applicable
law, and the negligent acts or omissions of the CONTRACTOR in the performance of this
Contract. This indemnity includes but is not limited to claims attributable to bodily injury,
sickness, disease or death and to injury or destruction of tangible property.
B. CONTRACTOR further agrees to .indemnify, defend, save and hold harmless the TOWN, its
officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and
from any and all suits and actions of every name and description that may be brought against
TOWN, its officers, agents and employees, on account of any claims, fees, royalties, or costs
for any invention or patent rights or for the infringement of any and all copyrights or patent
claimed by any person, firm or corporation.
C. CONTRACTOR agrees, at CONTRACTOR'S expense, after written notice from the TOWN, to
defend any action against the TOWN that falls within the scope of this indemnity as set forth
above in Subsections A and B, or the TOWN, at the TOWN'S option, may elect not to tender
such defense and may elect instead to secure its own attorneys to defend any such action and
the reasonable costs and expenses of such attorneys incurred in defending such action shall
be payable by CONTRACTOR. Additionally, if CONTRACTOR, after receipt of written notice
from the TOWN, fails to make any payment due under this Contract to the TOWN or fails to
perform any obligation required by this Contract, CONTRACTOR shall pay any reasonable
attorneys' fees and costs incurred by the TOWN in securing any such payment from
CONTRACTOR, or any reasonable attorneys' fees and costs incurred in the enforcement of this
indemnity, or both. Payment of any amount due pursuant to the foregoing indemnity shall,
after receipt of written notice by CONTRACTOR from the TOWN that such amount is due, be
made by CONTRACTOR prior to the TOWN being required to pay same, or in the alternative,
the TOWN, at the TOWN'S option, may make payment of an amount so due and
CONTRACTOR shall promptly reimburse the TOWN for same, together with interest thereon
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 27
at the rate of twelve percent (12%) per annum simple interest from the date of receipt by
CONTRACTOR of written notice from the TOWN that such payment is past due at least twenty
(20) days.
D. It is specifically understood and agreed that the consideration inuring to the CONTRACTOR for
the execution of this Contract consists of the promises, payments, covenants, rights, and
responsibilities contained in this Contract.
E. The execution of this Contract by the CONTRACTOR shall obligate the CONTRACTOR to comply
with the foregoing indemnification provision; however, the collateral obligation of providing
insurance must be also complied with as set forth in Section 23.
F. The CONTRACTOR shall require all subcontractors to enter into a contract containing the
provisions set forth in the preceding subsections in which contract the subcontractor fully
indemnifies the TOWN in accordance with this Contract.
SECTION 13. POINT OF CONTACT
The day-to-day dealings between the CONTRACTOR and the TOWN shall be between the CONTRACTOR
and the Town Administrator or designee.
SECTION 14. NOTICE
Except as provided herein, whenever either party desires to give notice to the other, it must be given by
written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified and to the place for giving of notice in compliance with
the provisions of this paragraph. For the present, the parties designate the following as the respective
persons and places for giving of notice:
As to the TOWN:
Andrew Berns, Town Administrator
Town of Southwest Ranches
13400 Griffin Road
Southwest Ranches, Florida 33330
With a copy to:
Keith M. Poliakoff, J.D., Town Attorney
Law Offices of Becker and Poliakoff, P.A.
3111 Stirling Road
Fort Lauderdale, Florida 33312
As to the CONTRACTOR:
With a copy to:
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 28
Notices shall be effective when received at the address as specified above. Changes in the respective
addresses to which such notice is to be directed may be made from time -to -time by written notice.
Facsimile transmission is acceptable notice, effective when received; however, facsimile transmissions
received (i.e., printed) after 4:30 p.m. or on weekends or holidays, will be deemed received on the next
business day. The original of items that are transmitted by facsimile equipment must also be mailed as
required herein.
SECTION 15. TERMINATION OF CONTRACT
A. Termination for Cause. The TOWN may cancel this Contract, except as otherwise provided
below in this Section, by giving the CONTRACTOR thirty (30) days advance written notice, to
be served as provided in Section 26, upon the happening of any one of the following events:
(1) The CONTRACTOR shall take the benefit 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 (court) 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 of a receiver, trustee or liquidator of all or substantially all
of its property; or
(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 the Federal bankruptcy laws or under any law or statute of the
United States or of any State thereof, provided that if any such judgment or order is
stayed or vacated within sixty (60) days after the entry thereof, any notice of default
shall be and become null, void and of no effect; unless such stayed judgment or order is
reinstated, in which case, said default shall be deemed immediate; or
(3) By, or pursuant to or under the authority of any legislative act, resolution or rule or any
order or decree of any Court or 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 or control
shall continue in effect for a period of sixty (60) days; or
(4) The CONTRACTOR has defaulted by failing or refusing to pay in a timely manner the
administrative charges or other monies due the TOWN and said default is not cured
within thirty (30) days of receipt of written notice by TOWN to do so; or
(5) The CONTRACTOR has defaulted by allowing any final judgment for the payment of
money to stand against it unsatisfied and said default is not cured within thirty (30) days
of receipt of written notice by TOWN to do so; or
(6) In the event that the monies due the TOWN
under
subsection (4)
above
or an
unsatisfied final judgment under subsection (5)
above
is the subject
of a
judicial
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 29
proceeding, the CONTRACTOR shall not be in default if the sum of money is bonded. All
bonds shall be in the form acceptable to the Town Attorney; or
(7) The CONTRACTOR has defaulted, by failing or refusing to perform or observe the terms,
conditions or covenants in this Contract or any of the rules and regulations promulgated
by the TOWN pursuant thereto or has wrongfully failed or refused to comply with the
instructions of the Contract Administrator relative thereto and said default is not cured
within thirty (30) days of receipt of written notice by the TOWN to do so, or if by reason
of the nature of such default, the same cannot be remedied within thirty (30) days
following receipt by the CONTRACTOR of written demand from the TOWN to do so, the
CONTRACTOR fails to commence the remedy of such default within said thirty (30) days
following such written notice or having so commenced shall fail thereafter to continue
with diligence the curing thereof (with the CONTRACTOR having the burden of proof to
demonstrate, (a) that the default cannot be cured within thirty (30) days, and (b) that it
is proceeding with diligence to cure said default, and such default will be cured within a
reasonable period of time). However, notwithstanding anything contained herein to the
contrary, for the failure of the CONTRACTOR to provide service for a period of three (3)
consecutive Work Days, the TOWN may secure the CONTRACTOR'S billing records on
the fourth (4th) Work Day in order to provide interim Contract service until such time as
the matter is resolved and the CONTRACTOR is again able to perform pursuant to this
Contract; provided, however, if the CONTRACTOR is unable for any reason or cause to
resume performance at the end of thirty (30) Work Days all liability of the TOWN under
this Contract to the CONTRACTOR shall cease and this Contract may be deemed
terminated by the TOWN.
B. Habitual Violations Notwithstanding the foregoing and as supplemental and additional means
of termination of this Contract under this Section, in the event that the CONTRACTOR'S
record of performance shows that the CONTRACTOR has frequently, regularly or repetitively
defaulted in the performance of any of the covenants and conditions required herein to be
kept and performed by the CONTRACTOR, in the opinion of the TOWN, and regardless of
whether the CONTRACTOR has corrected each individual condition of default, the
CONTRACTOR shall be deemed a "habitual violator," shall be deemed to have waived the right
to any further notice or grace period to correct, and all of said defaults shall be considered
cumulative and collectively and shall constitute a condition of irredeemable default. The
TOWN shall thereupon issue the CONTRACTOR a final warning citing the circumstances
therefore, and any single default by the CONTRACTOR of whatever nature, subsequent to the
occurrence of the last of said cumulative defaults, shall be grounds for immediate termination
of the Contract. In the event of any such subsequent default, the TOWN may terminate this
Contract upon giving of written final notice to the CONTRACTOR, such cancellation to be
effective upon the date specified in the TOWN'S written notice to the CONTRACTOR, and all
contractual fees due hereunder plus any and all charges and interest shall be payable to said
date, and the CONTRACTOR shall have no further rights hereunder. Immediately upon the
specified date in such final notice the CONTRACTOR shall cease any further performance
under this Contract.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 30
C. Termination Without Cause In addition to and not withstanding any other provisions of the
Agreement, this Agreement may be terminated by the TOWN for convenience upon providing
the CONTRACTOR with six (6) months written notice.
D. Effective Date of Termination. In the event of the aforesaid events specified in subsections A,
B, and C above and except as otherwise provided in said subsections, termination shall be
effective upon the date specified in the TOWN'S written notice to the CONTRACTOR and upon
said date this Contract shall be deemed immediately terminated and upon such termination all
liability of the TOWN under this Contract to the CONTRACTOR shall cease, and the TOWN shall
have the right to call the performance bond and shall be free to negotiate with other
contractors for the operation of the herein specified services. The CONTRACTOR, for failure to
perform, shall reimburse the TOWN all direct and indirect costs of providing interim service.
SECTION 16. MODIFICATIONS TO THE CONTRACT
The TOWN shall have the power to make changes in this Contract as the result of changes in law, TOWN
Code, or both to impose new rules and regulations on the CONTRACTOR under this Contract relative to
the scope and methods of providing the service specified herein as shall from time -to -time be necessary
and desirable for the public welfare. The TOWN shall give the CONTRACTOR notice of any proposed
change and an opportunity to be heard concerning those matters. The scope and method of providing
service as referenced herein shall also be liberally construed to include, but they are not limited to, the
manner, procedures, operations and obligations, financial or otherwise, of the CONTRACTOR.
The TOWN and the CONTRACTOR understand and agree that the Florida Legislature has the authority to
make comprehensive changes in Solid Waste Management legislation and that these and other changes
in law in the future which mandate certain actions or programs for counties or municipalities may
require changes or modifications in some of the terms, conditions or obligations under this Contract.
The CONTRACTOR agrees that the terms and provisions of any TOWN Code of the TOWN related to Solid
Waste services and regulations, as it now exists or as it may be amended in the future, shall apply to all
of the provisions of this Contract. In the event any future change in the TOWN Code materially alters the
obligations of the CONTRACTOR, then the fee established in the Exhibits to this Contract shall be
adjusted. Nothing contained in this Contract shall require any party to perform any act or function
contrary to law. The TOWN and CONTRACTOR agree to enter into good faith negotiations regarding
modifications to this Contract which may be required in order to implement changes in the interest of
the public welfare or due to change in law. When such modifications are made to this Contract, the
TOWN and the CONTRACTOR shall negotiate in good faith a reasonable and appropriate compensation
adjustment for any increase or decrease in the services or other obligations required of the
CONTRACTOR due to any modification in the Contract under this Section. The TOWN and the
CONTRACTOR shall not unreasonably withhold agreement to such compensation adjustment.
SECTION 17. PERMITS AND LICENSES
The CONTRACTOR shall obtain, at its own expense, all permits and licenses required by law or ordinance
and maintain same in full force and effect.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 31
SECTION 18. INDEPENDENCE OF CONTRACT
It is understood and agreed that nothing herein contained is intended or should be construed as in any
way establishing the relationship of co-partners or a joint venture between the parties hereto or as
constituting the CONTRACTOR as an agent, representative or employee of the TOWN for any purpose
whatsoever. The CONTRACTOR is to be, and shall remain, an independent contractor with respect to all
services performed under this Contract.
SECTION 19. 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,
hurricanes, severe weather, floods, 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, or Federal 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 in writing when it learns of the
existence of a Force Majeure condition and when the Force Majeure condition has terminated.
Notwithstanding anything in this Contract to the contrary, the term "Force Majeure" does not include,
and a party shall not be excused from performance under this Contract for, events relating to increased
costs, including, without limitation, increased costs of fuel, labor, insurance, or other expenses of
performing the services hereunder.
SECTION 20. EMPLOYEE STATUS
Persons employed by the CONTRACTOR in the performance of services and functions pursuant to this
Contract shall have no claim to pension, workers' compensation, unemployment compensation, civil
service or other employee rights or privileges granted to the TOWN'S officers and employees either by
operation of law or by the TOWN.
SECTION 21. EQUAL OPPORTUNITY EMPLOYMENT
CONTRACTOR shall comply with all Federal, State and TOWN laws applicable to the CONTRACTOR
services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities
Act ("ADA") and the South Florida Building Code. The CONTRACTOR is expected to fully comply with all
provisions of all laws and the TOWN reserves the right to verify the CONTRACTOR'S compliance with
them. Failure to comply with any laws will be grounds for termination of the Contract for cause.
SECTION 22. MEDIATION
In addition to any other remedy provided by law, the TOWN may agree to use arbitration or mediation
to resolve any controversy or claim arising out of or relating to this Contract. Any controversy or claim
arising out of or relating to this Contract, or breach thereof, may be settled by arbitration in accordance
with the rules of the American Arbitration Association and judgment upon the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof. In the event arbitration is agreed to
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 32
by both parties in writing, such controversy or claim shall be submitted to arbitrators selected from the
National Panel of The American Arbitration Association.
SECTION 23. RIGHT TO REQUIRE PERFORMANCE
The failure of the TOWN at any time to require performance by the CONTRACTOR of any provision
hereof shall in no way affect the right of the TOWN thereafter to enforce same, nor shall waiver by the
TOWN of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of
such provision or as a waiver of any provision itself.
SECTION 24. GOVERNING LAW
The parties agree that this Contract shall be construed in accordance with and governed by the laws of
the State of Florida.
SECTION 25. CONSENT TO JURISDICTION
The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Contract
shall be with the State Courts of Florida, and specifically, the County or Circuit Court for the Seventeenth
Judicial Circuit in and for Broward County, depending upon the respective jurisdictional limit. Each party
further agrees that venue for any action to enforce this Contract shall be in Broward County, Florida.
SECTION 26. LITIGATION
In the event of any litigation which arises out of, pertains to, or relates to this Contract, or the breach of
it, including, but not limited to, the standard of performance required in it, the prevailing party shall be
entitled to recover its reasonable attorneys' fees from the non -prevailing party, at both trial and
appellate levels.
SECTION 27. COMPLIANCE WITH LAWS
The CONTRACTOR shall conduct its operations under this Contract in compliance with all applicable
Federal, State and local laws and regulations.
SECTION 28. SEVERABILITY
If any provision of this Contract or the application of it to any person or situation shall to any extent be
held invalid or unenforceable, the remainder of this Contract and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable, shall
not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent
permitted by law.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 33
SECTION 29. ASSIGNMENT AND SUBLETTING
No assignment of this Contract or any right occurring under this Contract shall be made in whole or in
part by the CONTRACTOR without the express written consent of the Town Council. The TOWN shall
have full discretion to approve or deny, with or without cause, any proposed or actual assignment by
the CONTRACTOR. Any assignment of this Contract made by the CONTRACTOR without the express
written consent of the Town Council shall be null and void and shall be grounds for the TOWN to declare
a default of this Contract and immediately terminate this Contract by giving written notice to the
CONTRACTOR, and upon the date of such notice this Contract shall be deemed immediately terminated,
and upon such termination all liability of the TOWN under this Contract to the CONTRACTOR shall cease,
and the TOWN shall have the right to call the performance bond and shall be free to negotiate with
other contractors, the CONTRACTOR, or any other person or company for the service which is the
subject of this Contract. In the event of any assignment, the assignee shall fully assume all the liabilities
of the CONTRACTOR.
SECTION 30. MODIFICATIONS
This Contract constitutes the entire Contract and understanding between the parties hereto, and it shall
not be considered modified, altered, changed or amended in any respect unless in writing and signed by
the parties hereto.
SECTION 31. LEGAL REPRESENTATION
It is acknowledged that each party was, or had the opportunity to be, represented by counsel in the
preparation of and contributed equally to the terms and conditions of this Contract and, accordingly, the
rule that a contract shall be interpreted strictly against the party preparing the same shall not apply
herein due to the joint contributions of both parties.
SECTION 32. FUND APPROPRIATION
The CONTRACTOR understands and agrees that the TOWN, during any fiscal year, is not authorized to
expend money, incur any liability or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure during such fiscal year and
that any contract, verbal or written, made in violation of this subsection is null and void and that
consequently, no money may be paid on such contract beyond such limits. Nothing contained in this
Contract shall prevent the making of contracts for periods exceeding one (1) year, but any contract so
made shall be executed only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years. CONTRACTOR shall not proceed with services under this Contract without
TOWN'S written verification that the funds necessary for CONTRACTOR'S compensation and other
necessary expenditures are budgeted as available within the appropriate fiscal year budget. The TOWN
does not represent that said budget item will be actually adopted, said determination being the
determination of the Town Council at the time of the adoption of the budget.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 34
SECTION 33. PUBLIC ENTITY CRIME
CONTRACTOR understands that a person or affiliate as defined in Section 287.133, Florida Statutes, who
has been placed on the convicted vendor list maintained by the Florida Department of Management
Services following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to the TOWN and may not transact business with the TOWN in an amount set
forth in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from
the date of being placed on the convicted vendor list. CONTRACTOR herein certifies that it is qualified
under Section 287.133, Florida Statutes, to provide the services set forth in this Contract.
SECTION 34. FINANCIAL INTEREST
CONTRACTOR warrants and represents that no elected official, officer, agent or employee of the TOWN
has a financial interest, directly or indirectly, in this Contract or the compensation to be paid under it
and, further, that no person who acts in the TOWN as a "purchasing agent" as defined in Chapter 112,
Florida Statutes, nor any elected or appointed officer of the TOWN,. nor any spouse or child of such
purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor
of the CONTRACTOR and, further, that no such person, purchasing agent, TOWN elected or appointed
officer, or the spouse or child of any of them, alone or in combination, has a material interest in the
CONTRACTOR. Material interest means direct or indirect ownership of more than five percent (5%) of
the total assets or capital stock of the CONTRACTOR.
SECTION 35. ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements and understandings applicable to the matters contained in this Contract and the parties
agree that there are no commitments, agreements or understandings concerning the subject matter of
this Contract that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms of this Contract shall be predicated upon any prior representations or agreements, whether
oral or written.
SECTION 36. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS
TOWN shall have the right to audit the books, records and accounts of CONTRACTOR that are related to
this Agreement during normal business hours. CONTRACTOR shall keep such books, records, and
accounts reasonably required to document and substantiate CONTRACTOR'S performance under this
Agreement, including, but not limited to, records concerning calibration of the motor truck scales and
the monthly reports required under Article 2.5.
CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by
TOWN, all financial records, supporting documents, statistical records, and any other documents
pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter
119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period
of three (3) years after termination of this Agreement, unless CONTRACTOR is notified in writing by
TOWN of the need to extend the retention period. Such retention of such records and documents shall
be at CONTRACTOR'S expense. If any audit has been initiated and audit findings have not been resolved
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 35
at the end of the retention period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is
determined by TOWN to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all
requirements thereof; however, no confidentiality or non -disclosure requirement of either Federal or
State law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for disallowance and recovery of any payment upon such entry.
SECTION 37. PIGGYBACK
It is contemplated that other governmental entities may piggyback upon this Agreement in whole or in
part. Such entities may only do so upon the consent of the CONTRACTOR.
SECTION 38. PAYMENT DISPUTES
If the TOWN disagrees with any amount stated in any invoice from the CONTRACTOR, the TOWN shall
notify the CONTRACTOR of such dispute. The TOWN shall make payment to CONTRACTOR of the
undisputed invoiced amounts within thirty (30) days after receipt of the invoice. In the event of a
disputed amount, the parties shall reasonably attempt to discover the cause of any discrepancy
between the parties, and if a resolution is not reached within forty five (45) days of the TOWN'S notice
of such dispute, the parties shall resolve the dispute in a manner permitted by Florida law. The
existence of a dispute shall not delay payment of undisputed amounts to CONTRACTOR, or relieve
CONTRACTOR of its obligations to TOWN under this Agreement.
SECTION 39. RECYCLING GUARANTY
CONTRACTOR guarantees that it shall achieve an annual recycling rate for all TOWN waste, in excess of
seventy-five percent (75%) as defined by Chapter 403, Florida Statutes and its applicable regulations
promulgated thereunder. Such recycling rate shall be verified based upon the policies and procedures of
the State of Florida Department of Environmental Protection. CONTRACTOR shall provided evidence of
such recycling rate monthly by providing copies of materials required to be submitted to the State of
Florida Department of Environmental Protection for such purposes. Should CONTRACTOR fail to comply
with this recycling guarantee of seventy-five percent (75%) of CONTRACTOR'S operations on an annual
basis, then it shall pay an annual penalty of twenty-five thousand dollars ($25,000) to the TOWN within
thirty (30) days of the end of the applicable twelve (12) month period, regardless of the number of
municipalities or other government entities that may participate under this Agreement.
SECTION 40. MOST FAVORED PRICING AND MATERIAL TERMS
In the event that CONTRACTOR subsequently enters into an agreement for a term of more than 12
months (including renewal and option periods) for the disposal of another governmental entity's waste
with a governmental agency (or a private entity that has been delegated to provide the disposal of solid
waste for all or substantially all of the solid waste generated within a governmental entity's jurisdiction)
generated anywhere within Miami -Dade, Palm Beach, or Broward County (an "Eligible Agreement"),
CONTRACTOR shall provide the TOWN with a copy of the Eligible Agreement within sixty (60) days of
execution thereof. If the TOWN determines that the Eligible Agreement includes a net disposal charge
that is less than the Disposal Services Charge set forth herein, the TOWN may provide written notice to
(Vote: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 36
CONTRACTOR of TOWN'S determination, and, if the TOWN does so, the Disposal Services Charge shall
automatically be reduced to the net disposal charge set forth in the Eligible Agreement, such change to
be effective retroactive to the effective date of Eligible Agreement. Thereafter, the parties shall proceed
under this Agreement in accordance with the lower net disposal charge (subject to annual adjustments
as provided above).
For the purposes of clarification, the "net disposal charge" offered under the Eligible Agreement will be
the actual per -ton cost to the counterparty to the Eligible Agreement, and shall be determined net of
any costs (e.g., pass-throughs, etc.) paid by such counterparty or economic benefits (e.g., signing bonus,
revenue sharing, other credits, etc.) received by such counterparty, except for such economic benefits
that are as a result of CONTRACTOR operating a Waste Receiving Facility in such counterparty's
jurisdiction.
SECTION 41. HEADINGS
Headings in this document are for convenience of reference only and are not to be considered in any
interpretation of this Contract.
SECTION 42. EXHIBITS
Each exhibit referred to in this Contract forms an essential part of this Contract. Each such exhibit is a
part of this Contract and each is incorporated by this reference.
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recvclables Processing Services Page 37
IN WITNESS WHEREOF, the TOWN and the CONTRACTOR have executed this Contract on the respective
date(s) below each signature.
ATTEST:
Erica Gonzalez-Santamaria, CIVIC
TOWN CLERK
Date:
Approved as to form and correctness:
KEITH M. POLIAKOFF, J.D.
TOWN ATTORNEY
Date:
ACTIVE: 38394861
WITNESSES:
Date:
TOWN OF SOUTHWEST RANCHES, FLORIDA
A municipal corporation
By.
Jeff Nelson, Mayor
Date:
CONTRACTOR:
Print Name:
Print Title:
Date:
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 38
EXHIBIT 1
DISPOSAL AND ANCILLARY SERVICES FEES
[Contractor's Disposal and Ancillary Services Fees (if applicable) Price Form to be inserted.]
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
Town of Southwest Ranches, Florida
Draft Agreement for Solid Waste Disposal and Recyclables Processing Services Page 39
EXHIBIT 2
PROGRAM RECYCLABLES REVENUE
[Contractor's Program Recyclables Revenue Price Form to be inserted.]
Note: The Town may award separate contracts for solid waste disposal and recyclables processing. The final
contract(s) will be modified based on whether the contract is for solid waste disposal, recyclables processing, or
both services.
City of Tamarac Purchasing and Contracts Division
AGREEMENT
BETWEEN THE CITY OF TAMARAC
AND
SUN-BERGERON SOLID WASTE SERVICES, JV
. O� 3
THIS AGREEMENT is entered into on 20 � between. the
Cityof Tamarac a municipal cor oration with nci al offices located at 7525 NW 88th Avenue,
p p p p
Tamarac, Florida 33321 (City) and Sun -Bergeron Solid Waste Services, JV with principal offices
located at 2380 College Avenue, Davie, Florida 33301 (Contractor) for the purpose of providing
Recyclables Processing Services for the City of Tamarac. The parties hereby agree to the
following terms and conditions.
1. In return for the right to provide Recyclables Processing Services to the City of Tamarac,
Contractor shall comply with the terms and conditions within the Town of Southwest
Ranches contract dated May 15, 2013 for Recyclables Processing Services. All terms
and conditions of the contract documents set forth in Exhibit A are incorporated herein
as if set forth in full, except as modified by the proposal specific to the City of Tamarac
as set forth in Exhibit B attached hereto and incorporated herein as if set forth in full.
2. Upon execution of this Agreement, all references made to the Town of Southwest
Ranches in Exhibit A and Exhibit B shall be interpreted as pertaining to the City of
Tamarac, and all terms and conditions of Exhibit A and Exhibit B shall be deemed as
having been implemented for use within the City of Tamarac; however, the Scope of this
Agreement shall specifically exclude Solid Waste Disposal Services, including
appurtenant ancillary services, as may be referenced in Exhibit A. All references to Solid
Waste Disposal Services including appurtenant ancillary services, shall be deleted from
the Exhibit A as they may pertain to the City of Tamarac for the purpose of this
Agreement. It is understood that wherever the words "agency name" or "agency board
name" appear, they shall be read as "City of Tamarac" and "City of Tamarac
Commissioners".
3. Term:
The term of this Agreement shall be fora (5) year period effective on July 3, 2013, or
the date of approval of this Agreement, whichever is later. The Agreement term shall
run through July 3, 2018. The City reserves the right to renew this Agreement for up to
two (2) five (5) terms, in the event that the Agreement is renewed by the Town of
Southwest Ranches.
4. This agreement, Exhibit A and Exhibit B constitute the entire agreement between the
City and the Contractor. In the event of a conflict between these documents, this
Agreement shall prevail, followed in precedence by Exhibit B and Exhibit A in that order.
5. Revenue & Payments
Revenue earned by the City for recyclables shall be paid at the price shown for the
specific category or recyclable as shown on the Program Recyclables Revenue Form
included as part of the Agreement attached hereto as Exhibit A. All payments under
this Agreement shall be governed by the Local Government Prompt Payment Act, F.S.,
Part VII, Chapter 218.
1
City of Tamarac Purchasing and Contracts Division
6. Insurance: In addition to the insurance requirements stated in the Town of Southwest
Ranches Agreement, Contractor shall obtain at Contractor's expense all necessary
insurance in such form and amount as specified in the original bid document or as
required by the City's Risk and Safety Manager before beginning work under this
Agreement including, but not limited to, Workers' Compensation, Commercial General
Liability, and all other insurance as required by the City. Contractor shall maintain such
insurance in full force and effect during the life of this Agreement. Contractor shall
provide to the City's Risk and Safety Manager certificates of all insurances required
under this section prior to beginning any work under this Agreement. The Contractor will
ensure that all subcontractors comply with the above guidelines and will retain all
necessary insurance in force throughout the term of this agreement. The following
minimal insurance coverage shall be provided:
a. Worker's Compensation Insurance: The Contractor shall procure and maintain
for the life of this Agreement, Workers' Compensation. Insurance covering all
employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with Limits meeting all applicable
state and federal laws. This coverage must extend to any sub -Contractor that
does not have their own Workers' Compensation and Employer's Liability
Insurance. The policy must contain a waiver of subrogation in favor of the City
of Tamarac, executed by the insurance company. Sixty-(60) days notice of
cancellation is required and must be provided to the City of Tamarac via
Certified Mail.
b. Comprehensive General Liability: The Contractor shall procure and maintain,
for the life of this Agreement, Comprehensive General Liability Insurance. This
coverage shall be on an "Occurrence" basis. Coverage shall include Premises
and Operations; Independent Contractors' Products and Completed
Operations and Contractual Liability. This policy shall provide coverage for
death, personal injury or property damage that could arise directly or indirectly
from the performance of this Agreement.
c. Business Automobile Liability: The Contractor shall procure and maintain, for
the life of the Agreement, Business Automobile Liability Insurance.
d. The Minimum Limits of Coverage shall be $1,000,000 per occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
e. Professional Liability (Errors and Omissions) Insurance: $1,000,000.
f. The City must be named as an additional insured for General Liability coverage
unless Owners and Contractors' Protective Coverage is also provided, or
required. Sixty (60) days written notice must be provided to the City via
Certified Mail in the event of cancellation.
g. The minimum limits of coverage shall be $1,000,000 per Occurrence,
Combined Single Limit for Bodily Injury Liability and Property Damage Liability.
This coverage shall be an "Any Auto" type policy. The City must be listed as an
Additional Insured under the Policy. Sixty (60) days written notice must be
provided to the City via Certified Mail in the event of cancellation.
K
City of Tamarac Purchasing and Contracts Division
h. In the event that sub -contractors used by the Contractor do not have
insurance, or do not meet the insurance limits, Contractor shall indemnify and
hold harmless the City for any claim in excess of the sub -consultants'
insurance coverage, arising out of negligent acts, errors or omissions of the
sub -contractors.
i. Contractor shall not commence work under this Agreement until all insurance
required as stated herein has been obtained and such insurance has been
approved by the City.
j. Contractor shall indemnify and hold the City harmless for any damages
resulting from failure of the Contractor to take out and maintain such
insurance. Contractor's Liability Insurance policies shall be endorsed to add
the City as an additional insured. Contractor shall be responsible for
payment of all deductibles and self-insurance retentions on Contractor's
Liability Insurance policies.
7. Indemnification:
a. The Contractor shall indemnify and hold harmless the City, its elected and
appointed officials, employees, and agents from any and all claims, suits,
actions, damages, liability, and expenses (including attorneys' fees) in
connection with loss of life, bodily or personal injury, or property damage,
including loss of use thereof, directly or indirectly caused by, resulting from,
arising out of or occurring in connection with the operations of the Contractor
or its officers, employees, agents, subcontractors, or independent
Contractors, excepting only such loss of life, bodily or personal injury, or
property damage solely attributable to the gross negligence or willful
misconduct of the City or its elected or appointed officials and employees.
The above provisions shall survive the termination of this Agreement and
shall pertain to any occurrence during the term of this Agreement, even
though the claim may be made after the termination hereof.
b. Upon completion of all services, obligations and duties provided for in this
Agreement, or in the event of termination of this Agreement for any reason, the
terms and conditions of this Article shall survive indefinitely.
c. The Contractor shall pay all claims, losses, liens, settlements or judgments of
any nature whatsoever in connection with the foregoing indemnifications
including, but not limited to, reasonable attorney's fees (including appellate
attorney's fees) and costs.
d. The City and Contractor recognize that various provisions of this Agreement,
including but not limited to this Section, provide for indemnification by the
Contractor and requires a specific consideration be given there for. The Parties
therefore agree that the sum of Ten Dollars and 00/100 ($10.00), receipt of
which is hereby acknowledged, is the specific consideration for such
indemnities, and the providing of such indemnities is deemed to be part of the
specifications with respect to the services to be provided by Contractor.
Furthermore, the City and Contractor understand and agree that the covenants
and representations relating to this indemnification provision shall serve the
3
City of Tamarac
Purchasing and Contracts Division
term of this Agreement and continue in full force and effect as to the City's and
the Contractor's responsibility to indemnify.
e. City reserves the right to select its own legal counsel to conduct any defense
in any such proceeding and all costs and fees associated therewith shall be
the responsibility of Contractor under the indemnification agreement.
f. Nothing contained herein is intended nor shall it be construed to waive City's
rights and immunities under the common law or Florida Statute 768.28 as
amended from time to time.
8. Non -Discrimination & Equal Opportunity Employment:
During the performance of the Contract, the Contractor shall not discriminate against any
employee or applicant for employment because of race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. The Contractor will take affirmative action to ensure that employees are
treated during employment, without regard to their race, color, sex, religion, age, national
origin, marital status, political affiliation, familial status, sexual orientation, or disability if
qualified. Such actions must include, but not be limited to, the following: employment,
promotion; demotion or transfer; recruitment or recruitment advertising, layoff or
termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Contractor shall agree to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
contracting officer setting forth the provisions of this nondiscrimination clause. The
Contractor further agrees that he/she will ensure that Sub -Contractors, if any, will be
made aware of and will comply with this nondiscrimination clause.
9. Independent Contractor:
This Agreement does not create an employee/employer relationship between the
Parties. It is the intent of the Parties that the Contractor is an independent contractor
under this Agreement and not the City's employee for any purposes, including but not
limited to, the application of the Fair Labor Standards Act minimum wage and overtime
payments, Federal Insurance Contribution Act, the Social Security Act, the Federal
Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's
Compensation Act, and the State Unemployment Insurance law. The' Contractor shall
retain sole and absolute discretion in the judgment of the manner and means of carrying
out Contractor's activities and responsibilities hereunder provided, further that
administrative procedures applicable to services rendered under this Agreement shall be
those of Contractor, which policies of Contractor shall not conflict with City, State, or
United States policies, rules or regulations relating to the use of Contractor's funds
provided for herein. The Contractor agrees that it is a separate and independent
enterprise from the City, that it had full opportunity to find other business, that it has
made its own investment in its business, and that it will utilize a high level of skill
necessary to perform the work. This Agreement shall not be construed as creating any
joint employment relationship between the Contractor and the City and the City will not
be liable for any obligation incurred by Contractor, including but not limited to unpaid
minimum wages and/or overtime premiums.
12
City of Tamarac Purchasing and Contracts Division
10. Assignment and Subcontracting:
Contractor shall not transfer or assign the performance required by this Agreement
without the prior consent of the City. This Agreement, or any portion thereof, shall not be
subcontracted without the prior written consent of the city.
11. Agreement Subject to Funding
This agreement shall remain in full force and effect only as long as the expenditures
provided for in the Agreement have been appropriated by the City Commission of the
City of Tamarac in the annual budget for each fiscal year of this Agreement, and is
subject to termination based on lack of funding.
12. Venue:
This Agreement shall be governed by the laws of the State of Florida as now and
hereafter in force. The venue for actions arising out of this agreement is fixed in
Broward County, Florida.
13. Signatory Authority:
The Contractor shall provide the City with copies of requisite documentation evidencing
that the signatory for Contractor has the authority to enter into this Agreement.
14. Severability; Waiver of Provisions
Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction
shall, as to such jurisdiction, be ineffective to the extent of such prohibition or
unenforceability without invalidating the remaining provisions hereof -or affecting the
validity or enforceability of such provisions in any other jurisdiction. The non-
enforcement of any provision by either party shall not constitute a waiver of that
provision nor shall it affect the enforceability of that provision or of the remainder of this
Agreement.
15. No Construction Against Drafting Party:
Each party to this Agreement expressly recognizes that this Agreement results from the
negotiation process in which each party was represented by counsel and contributed to
the drafting of this Agreement. Given this fact, no legal or other presumptions against the
party drafting this Agreement concerning its construction, interpretation or otherwise
accrue to the benefit of any party to the Agreement, and each party expressly waives the
right to assert such a presumption in any proceedings or disputes connected with, arising
out of, or involving this Agreement.
16. Notice:
Any notice, demand, communication, or request required or permitted hereunder shall be in
writing and delivered in person; sent by U.S. Certified Mail, U.S. Express Mail, air or ground
courier services or by messenger service, addressed to the party for whom it is intended at
the following addresses.
5
City of Tamarac Imm Purchasing and Contracts ;Division
CITY
City Manager
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
With a copy to City Attorney at the following address:
Goren, Cherof, Doody & Ezrol, P.A.
3099 East Commercial Blvd., Suite 200
Fort Lauderdale, FL 33308
CONTRACTOR
Sun -Bergeron Solid Waste Services, JV
2380 College Avenue
Davie, Florida 33301
Attn: Ron Bergeron
With a copy to:
Joe Goldstein, Esq.
Shutts & Bowen, LLP
200 East Broward Blvd.
Suite 2100
Fort Lauderdale, FL 33301
REMAINDER OF PAGE INTENTIONALLY BLANK
101
City of Tamarac Purchasing and Contracts Division
IN WITNESS WHEREOF, the parties have made and executed this Agreement
on the respective dates under each signature. CITY OF TAMARAC, signing by and
through its Mayor and City Manager, and CONTRACTOR, signing by and through its
Principal duly authorized to execute same.
``\\%IIlifto,,/
.`` � A RA CLL
.�.
s�
ATTEST: i�,'q R D
�-1 -�1 11 tou r % \
Fm
Patricia A. Teufel, CM
Interim City Clerk
Date
ATTEST:
Signature of Corporate Secretary
Type/Print Name of Corporate Secy.
(CORPORATE SEAL)
Beth Talabisco, Mayon
4 -- C) (0/ --' 15
ate
C
ichael C. Cernech, City Manager
Date
Appro
0
L & 7L.111
Date
as,to fq ffn and legal sufficiency:
Sun -Bergeron Solid Waste Services, JV
CompW Name
icJnature of Principal
Ron Bergeron C6j AAAIC-f 6-of
Type/Print Name
Date
7
City of Tarrrarac Purchasing and Contracts Division
CORPORATE ACKNOWLEDGEMENT
STATE OF FLORIDA
:SS
COUNTY QF
I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State
aforesaid and in the County aforesaid to take acknowledgments, personally appeared RW;-detark'
8aeger.>,- Principal of Sun -Bergeron Solid Waste Services, JV a Florida Corporation, to me
known to be the person(s) described in and who executed the foregoing instrument and
acknowledged before me that he/she executed the same.
WITNESS my hand and official seal this /3 day of , 20 /4d.
CANDIE M COLLINS
Notary Public - State of Florida
My Comm. Expires Apr 3, 2015
Comi,ossion # EE 80426
State of Florida at Large
Print, Type or Stamp
Name of Notary Public
❑ Personally known to me or
R Produced Identification
Type of I.D. Produced
❑ DID take an oath, or
r-1 DID NOT take an oath.
Qwrft&c�
EXHIBIT A
Agreement between
Town of Southwest Ranches
And
Sun -Bergeron Solid Waste Services, JV
(See Next Page)
9
Agreement
Between
Town of Southwest Ranches
And
SUNmBERGERON SOLID WASTE SERVICES, JV
FOR SOLID WASTE DISPOSAL
AND RECYCLABLES PROCESSING SERVICES
Town of Southwest Ranches, Florida
Ajzreement for Solid Waste Dis oral and Rec clables Processing Services Pa e 2
TABLE OF CONTENTS
SECTION 1. EFFECTIVE DATE, COMMENCEMENT DATE, AND TERM.......................................................4
SECTION2. DEFINITIONS..........................................................................................................................4
SECTION 3. CONTRACTOR'S DISPOSAL RESPONSIBILITIES.......................................................................7
SECTION 4. CONTRACTOR'S RECYCLABLES PROCESSING RESPONSIBILITIES..........................................14
SECTION S. RATES AND BILLING FOR DISPOSAL SERVICE.......................................................................17
SECTION 6. REVENUE AND PAYMENT FOR RECYCLABLES......................................................................20
SECTION7. CHANGE IN LAW..................................................................................................................22
SECTION8. LIQUIDATED DAMAGES.......................................................................................................22
SECTION 9. EMERGENCY SERVICE PROVISIONS.....................................................................................23
SECTION10. PERFORMANCE BOND.........................................................................................................23
SECTION11. INSURANCE..........................................................................................................................24
SECTION 12. INDEMNIFICATION OF TOWN.............................................................................................25
SECTION13. POINT OF CONTACT.............................................................................................................27
SECTION14. NOTICE.................................................................................................................................27
SECTION 15. TERMINATION OF CONTRACT.............................................................................................28
SECTION 16. MODIFICATIONS TO THE CONTRACT.......*** otoe **to 0049000 00 ***go 9*9090 *go we*. 00.0 0#0 0 fog see*** got *of pop 030
SECTION 17. PERMITS AND LICENSES...................................................................................................0.030
SECTION 18. INDEPENDENCE OF CONTRACT...........................................................................................30
SECTION 19. FORCE MAJEURE....................................................................
..............................................31
SECTION20. EMPLOYEE STATUS..............................................................................................................31
SECTION 21. EQUAL OPPORTUNITY EMPLOYMENT.................................................................................31
SECTION22. MEDIATION..........................................................................................................................31
SECTION 23. RIGHT TO REQUIRE PERFORMANCE...
SECTION24. GOVERNING LAW................................................................................................................32
SECTION 25. CONSENT TO JURISDICTION................................................................................................32
SECTION26. LITIGATION..........................................................................................................................32
SECTION27. COMPLIANCE WITH LAWS...................................................................................................32
SECTION28. SEVERABILITY.......................................................................................................................32
SECTION 29. ASSIGNMENT AND SUBLETTING ............................................................... 0 .......................... 3 2
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Rec ciables Processing,Services Page 3
SECTION30. MODIFICATIONS..................................................................................................................33
SECTION 31. LEGAL REPRESENTATION.....................................................................................................33
SECTION 32. FUND APPROPRIATION........................................................................................................33
SECTION 33. PUBLIC ENTITY CRIME.........................................................................................................33
SECTION 34. FINANCIAL INTEREST...... a got 90604,00. go. .**oo.000 too go ooso w*o*33
SECTION 35. ALL PRIOR AGREEMENTS SUPERSEDED...............................................................................34
SECTION 36. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS.......................................34
SECTION37. PIGGYBACK..........................................................................................................................34
SECTION 38. PAYMENT DISPUTES............................................................................................................34
SECTION 39. RECYCLING GUARANTY........................................................................................................35
SECTION 40. MOST FAVORED PRICING AND MATERIAL TERMS..............................................................35
SECTION41. HEADINGS............................................................................................................................35
SECTION42. EXHIBITS..............................................................................................................................35
EXHIBIT 1 DISPOSAL AND ANCILLARY SERVICES FEES
EXHIBIT 2 PROGRAM RECYCLABLES REVENUE
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal
i
AGREEMENT FOR SOLID WASTE DISPOSAL
AND RECYCLABLES PROCESSING SERVICES
Town of Southwest Ranches, Florida
This Contract is made and entered into this 15t" day of May, 2013, between the Town of Southwest
Ranches a corporation municipal oration of the State of Florida, Broward County, Florida, hereinafter referred
p p
to as "TOWN," and Sun -Bergeron Solid Waste Services, JV, authorized to do business in the State of
Florida, hereinafter referred to as "CONTRACTOR."
Now, therefore, in consideration of the mutual covenants, agreements and consideration contained
herein, the TOWN and CONTRACTOR hereby agree as hereinafter set forth:
SECTION 1. EFFECTIVE DATE, COMMENCEMENT DATE, AND TERM
A. Effective and Commencement Dates The Effective Date of this Contract is the date this Contract
is executed and signed by both the TOWN and CONTRACTOR. The Commencement Date is
the date that services required pursuant to this Contract commence, or July 3, 2013.
B. Initial Term The term of this Contract shall be for a five (5) year period beginning on the
Commencement Date, July 3, 2013, and terminating July 2, 2018.
C. Renewal Option, At the option of the TOWN and with the concurrence of the CONTRACTOR, this
Contract may be renewed for two (2) additional five (5) year terms under the same terms and
conditions as the initial term, including amendments, subject to approval by the Town
Council.
SECTION 2. DEFINITIONS
For the purpose of this Solid Waste Disposal and Recyclables Processing Agreement, hereinafter referred
to as "Contract," the definitions contained in this Section shall apply unless otherwise specifically stated.
If a word or phrase is not defined in this Section, the definition of such word or phrase as contained in
the "Solid Waste Ordinance" as contained in the TOWN Code shall control. When not inconsistent with
the context, words used in the present tense include the future, words in the plural include the singular,
and words in the singular include the plural. Use of the masculine gender shall include the feminine
gender. The word "shall" is always mandatory and not merely discretionary.
A. Av� a Market Value (AMV) means a market index used to determine the revenue paid by the
CONTRACTOR to the TOWN for Program Recyclables delivered to the Designated Recycling
Facility based on monthly fluctuations in the commodity market as defined herein.
B. Biohazardous or Biomedical Waste means any waste that may cause disease or reasonably be
suspected of harboring pathogenic organisms, including waste resulting from the operation of
medical clinics (veterinary or otherwise), hospitals (veterinary or otherwise), and other
facilities processing waste that may consist of, but are not limited to, human and animal
Town of Southwest Ranches, Florida
Agreement for Solid Waste Discos l and Recyclables Processing Services . _ Page 5
parts, contaminated bandages, pathological specimens, hypodermic needles, sharps,
contaminated clothing, and surgical gloves.
C. Bulk Trash means those non -vegetative waste items that have not been containerized, bagged,
or bundled, and that may require special handling and management including, but not
limited to, furniture, white goods, refrigerators, ranges, pool heaters, water softeners, pianos,
washers, dryers, water heaters, and other similar appliances, bicycles, electronics, mattresses,
household goods, large boxes, barrels, crates, concrete, rubble, mixed roofing materials, rock,
gravel and other earthen materials, equipment, wire and cable, materials resulting from
home improvements, and any and all household goods that are customary to ordinary
housekeeping operations of a residential service unit.
D. Bulk Waste means the combination of Bulk Trash and Yard Trash collected by the Town's
Contract Hauler.
E. Commencement Date means the date services pursuant to this Contract commence, or July 3,
2013.
F. Contract means this agreement, including all attachments, schedules, and amendments thereto, -
between the TOWN and the CONTRACTOR, governing the provision of services as defined
herein.
G. Contract Administrator means the person designated by the Town Administrator to administer
and monitor the provisions of this Contract.
H. Contract Year means twelve (12) consecutive months beginning on the Commencement Date
and every twelve (12) months thereafter for the term of the Contract.
1. CONTRACTOR means that person or entity that has obtained from the TOWN a Contract to
provide the services set forth herein.
J. Contractor -Generated Waste means Bulk Trash and/or Yard Trash generated by builders,
building contractors, privately employed tree trimmers and tree surgeons, landscape services,
lawn or yard maintenance services, and nurseries.
K. Designated Disposal, ,Facility means the facility designated in this Contract for disposal of the
TOWN'S Solid Waste.
L. Designated Processing g Facility means the facility designated in this Contract at which the
CONTRACTOR will process Program Recyclables, which facility may be the same as or different
than the Designated Recycling Facility.
M. Designated Recycling Facility means the facility designated in this Contract at which the
CONTRACTOR will receive delivery of Program Recyclables, whether such facility is a materials
recovery facility, recovered materials processing facility, or a transfer station.
N. Designated Receiving Facility means the facility at which Solid Waste is received by the
CONTRACTOR.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page_6
O. Drop-off Bulk, Waste_ means Bulk Waste generated from residential sources within the TOWN
and accepted by the CONTRACTOR at a drop-off location as specified in this Contract. For the
purposes of this Contract, Drop -Off Bulk Waste shall include residential Bulk Trash and Yard
Trash, but not any putrescible waste, commercially generated waste, Contractor -Generated
Waste, or Unacceptable Waste, with the exception of tires.
P. Effective Date means the date this Contract is executed by both the TOWN and CONTRACTOR.
Q. Electronic Waste or E-Waste means end -of -life or discarded electronic devices or component
parts. For the purposes of this Contract, E-Waste includes computers, monitors, laptops, mice,
printers, televisions, DVD, Blue Ray, CD or VCR players, copiers, fax machines, cell phones,
chargers, rechargeable batteries, scanners, keyboards, stereos, speakers, small appliances,
and auto/boat batteries from residential sources, as well as other items mutually agreed upon
by the TOWN and CONTRACTOR.
R. Hazardous Waste means any solid waste that is defined as a hazardous waste by the Florida
Department of Environmental Protection in the State of Florida Administrative Code, or by
any current or future Federal, State, or local law.
S. Holiday means a designated holiday on which the CONTRACTOR shall not be required to provide
service. For the purposes of this Contract, Holiday shall only mean Christmas Day unless
additional Holidays are approved by the Contract Administrator.
T. Household Hazardous Waste or HHW means a waste produced in the home containing
hazardous substances that may pose a threat to the environment, wildlife, and/or human
health. For the purposes of this Contract, HHW includes aerosol products, ammonia,
ammunition, anti -freeze, auto fluids, auto batteries, boat batteries, boat fluids, charcoal
starter, compact fluorescent bulbs (CFIs), drain cleaner, fertilizers, fire extinguishers,
fireworks, flares, fluorescent tubes, gasoline, herbicides, household cleaners, insect killer,
kerosene, lawn chemicals, lighter fluid, mercury thermometers, motor oil, nail polish
remover, paint, pesticides, photo chemicals, pool chemicals, propane tanks, rechargeable
batteries, rust remover, solvents, spot remover, tires, turpentine, weed killer, wood stains,
and wood stripper from residential sources, as well as other items mutually agreed upon by
the TOWN and CONTRACTOR.
U. Program Recvclables means Recyclable Materials collected by or on behalf of the TOWN and
over which the TOWN has control, including newspapers (including inserts), corrugated
cardboard, mixed paper (including brown paper bags, magazines, phonebooks, junk mail,
white and colored paper, shredded paper in a bag, and paperboard), aluminum cans, plastic
containers and bottles marked with SPI codes 1-7, glass bottles and jars, tin and ferrous cans,
polycoated cartons, and other materials added by mutual agreement of the TOWN and
CONTRACTOR.
V. Recovered Material$ means Recyclable Materials which have been processed to market
specifications.
W. Recyclable Materials or Recvclables means those materials that are capable of being recycled
and which would otherwise be processed or disposed of as solid waste.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recycl_s Processing Services „Page 7
X. Reiects means materials, other than Residue, that cannot be recycled and that cannot be
processed into Recovered Materials.
Y. Residue means the portion
of the Recyclable Material
stream accepted by
the CONTRACTOR
that
is not converted to
Recovered Materials
due
to
breakage
and/or
transportation or
processing inefficiencies.
Z. Single Stream means a recycling process that allows for Recyclable Materials to be collected
commingled with no sorting required by residents, businesses, or haulers.
AA. Solid Waste means rubbish, refuse, trash, or other similar discarded material resulting from
domestic, industrial, commercial, agricultural, or governmental operations. For the purposes
of this Contract, Solid Waste does not include Recyclable Materials, Unacceptable Waste,
residential Bulk Waste, or Solid Waste not controlled by the TOWN.
BB. Ton means a unit of weight equal to 2,000 pounds, also referred to as a short ton.
CC. TOWN means the Town of Southwest Ranches, Florida.
DD.Town's Contract Hauler means the firm that is presently, or that may in the future, contract with
the TOWN to collect and transport Solid Waste and Program Recyclables.
EE. Town Council or Council means the governing body of the Town of Southwest Ranches, Florida.
FF. Unacceptable Waste means Biohazardous or Biomedical Waste, Hazardous Waste, sludge,
automobiles, automobile parts, boats, boat parts, boat trailers, internal combustion engines,
lead -acid batteries, used oil and tires, and those wastes under the control of the Nuclear
Regulatory Council.
GG. Work Day means any day, Monday through Saturday, which is not a Holiday as set forth in this
Contract.
HH. Yard Trash means any vegetative matter resulting from normal yard and landscaping
maintenance. Yard Trash must be generated from residential sources. Yard Trash includes
Christmas trees, but does not include Contractor -Generated Waste.
SECTION 3. CONTRACTOR'S DISPOSAL RESPONSIBILITIES
A. Designated Facilities
(1) The following facility is the Designated Receiving Facility at which Solid Waste will be
received by the CONTRACTOR pursuant to this Contract: Sun 12, 2380 College Avenue,
Davie, FI 33319, or such other facility that may be approved in writing by the Town.
(2) The following facility
is the Designated
Disposal Facility at which
Solid Waste will be
disposed
pursuant to
this
Contract: JED
Solid
Waste
Management
Facility,
1501 Omni
Way, Saint Cloud, FL 34773, or such other facility that may be approved in writing by the
Town.
Town of Southwest Ranches, Florida
.Agreement for Solid Waste Disposal and Reg clables Processing Services Page 8
(3) The Designated Receiving Facility and Designated Disposal Facility may be changed only
with prior written approval by the Contract Administrator. The CONTRACTOR shall not
take the TOWN'S Solid Waste to any other disposal facility than the Designated Disposal
Facility unless prior written approval is given by the Contract Administrator.
(4) The CONTRACTOR shall be fully responsible for all aspects of the management,
operations, and maintenance of the Designated Receiving Facility and Designated
Disposal Facility.
(5) The CONTRACTOR shall ensure that the Designated Receiving Facility and Designated
Disposal Facility are operated at all times in full compliance with all applicable local,
State and Federal laws, regulations, permits and similar requirements.
(6) The TOWN shall have the right, during the CONTRACTOR'S hours of operation, to
inspect both the operating and maintenance practices of the Designated Receiving
Facility and Designated Disposal Facility. Operating practices shall include, but not be
limited to, the receipt, loading, storage, transport, and disposal of Solid Waste. The
CONTRACTOR shall reasonably accommodate the TOWN'S inspection rights described
herein, provided it does not create a safety hazard.
B. Solid Waste Acceptance and Disposal
1 �I
(1) Beginning on the Commencement Date, the TOWN shall direct the Town's Contract
Hauler to deliver all Solid Waste over which the TOWN has control to the Designated
Receiving Facility during the scheduled receiving hours specified herein. The TOWN
makes no assurances or guarantees regarding the quantity of Solid Waste that will be
delivered to the Designated Receiving Facility.
(2) Beginning on the Commencement Date, the CONTRACTOR shall accept deliveries of
Solid Waste at the Designated Receiving Facility between the hours of 6:00 a.m. and
6:00 p.m. Monday through Friday and 6:00 a.m. and 4:00 p.m. on Saturday or other
hours, approved in writing, by the Contract Administrator. The Designated Receiving
Facility may be closed on Holidays as defined herein. No reduction in scheduled
receiving hours shall be made without the prior written approval of the Contract
Administrator.
(3) The Designated Receiving Facility shall be operated to facilitate delivery vehicle access
during operations. The daily average delivery vehicle turnaround time from arrival at the
Designated Facility site to exit from the facility site shall not exceed twenty (20)
minutes. Delays caused by equipment failure not due to negligence of the CONTRACTOR
or other fault of the delivery vehicle shall not be included in the turn -around time
computation. The CONTRACTOR will provide the TOWN with access to its records to
verify vehicle turnaround time within twenty-four (24) hours' notice.
(4) The Designated Receiving Facility shall be equipped with adequately -sized legal -for -
trade truck scales and computerized recordkeeping systems for weighing and recording
all incoming Solid Waste delivery vehicles. Such scales shall be inspected and approved
for use prior to placing them into service. CONTRACTOR shall calibrate and certify scales
no less frequently than annually.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recvclables Processi
(5) The CONTRACTOR shall weigh all trucks transporting Solid Waste, by or on behalf of the
TOWN, that enter the Designated Receiving Facility, record such weights separate from
all other materials, and generate reports of incoming Solid Waste as required herein or
requested by the TOWN. The CONTRACTOR may use tare weights. If the CONTRACTOR
chooses to use tare weights, all tare weights must be recalibrated at least every sixty
(60) calendar days.
(6) Upon acceptance of Solid Waste at the Designated Receiving Facility, the CONTRACTOR
shall assume ownership of such Solid Waste. The CONTRACTOR shall bear all costs
associated with transporting and disposing of the TOWN'S Solid Waste, including
transport to the Designated Disposal Facility, if applicable.
(7) If Unacceptable Waste is found within a load of Solid Waste delivered by the TOWN or
its agents to the Designated Receiving Facility, the CONTRACTOR shall immediately
notify the Contract Administrator and note the incident by taking a photograph of the
Unacceptable Waste and the truck, including the truck number, and the truck driver's
information that delivered the Unacceptable Waste. The CONTRACTOR is responsible
for properly isolating, containerizing, and disposing of such Unacceptable Waste in
accordance with all applicable laws. The cost of managing and disposing of such
Unacceptable Waste shall be borne by the TOWN, provided that the CONTRACTOR has
adequately documented that such waste was delivered by or on behalf of the TOWN.
(8) In the event the CONTRACTOR fails, refuses, or is unable to accept Solid Waste on the
Commencement Date or thereafter during the term of the Contract, the CONTRACTOR
will be liable for all hauling, processing, transportation, disposal charges, and any other
related costs in excess of the Disposal Fee paid to the CONTRACTOR that may be
incurred by the TOWN with respect to the disposal of such Solid Waste.
C. Ancillary Services
(1) The CONTRACTOR shall provide four (4) HHW and E-Waste collection events per year
(one per calendar year quarter), hereinafter referred to as "HHW Collection Events."
Such events shall be conducted within the TOWN limits at a location to be provided by
the TOWN and on dates to be approved by the Contract Administrator. Such HHW
Collection Event shall be limited to TOWN residents who show official proof of
residency.
(a) Each HHW Collection Event shall occur on a Saturday and shall last at least six (6)
hours in duration or until all residents that have arrived at the location during those
hours have been serviced. CONTRACTOR shall arrive at a minimum of one and one-
half (1.5) hours prior to the event start time for setup and apre-event safety
meeting.
(b) The CONTRACTOR shall be responsible for providing all staff, equipment, and
resources needed for the collection, quantifying, packaging and removal of HHW
and E-Waste received at each HHW Collection Event.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recvclables Processing Services _ Page 10
(c) The CONTRACTOR shall accept, quantify, log, transfer, recycle, reuse and/or dispose
of HHW and E-Waste delivered by TOWN residents to the HHW Collection Event.
(d) The CONTRACTOR shall provide traffic control, adequate ingress and egress, and
adequate staff to prevent long waits for TOWN residents.
(e) The CONTRACTOR shall ensure that HHW and E-Waste is accepted from TOWN
residents only, via valid identification or other means. No commercially generated
waste or Contractor -Generated Waste shall be accepted.
(f) The CONTRACTOR is solely responsible for complying with all local, State, and
Federal regulations regarding packaging, recycling, demanufacturing, and
transporting E-Waste and HHW, including any and all requirements mandated by
federally permitted facilities.
(g) Upon acceptance of HHW and E-Waste at the HHW Collection Event, the
CONTRACTOR shall bear all costs associated with processing, transporting, recycling,
reusing, and/or disposing of such materials.
(h) For invoicing purposes, the CONTRACTOR shall quantify and weigh all materials
received during the Drop -Off HHW Collection Event. If any weighing is to be
conducted at the HHW Collection Event site, the CONTRACTOR shall utilize a
portable scale capable of accurately weighing from one (1) pound to two hundred
fifty (250) pounds. The CONTRACTOR is responsible for maintenance, servicing, and
certification of scales annually. Copy of scale certifications shall be provided to the
TOWN within twenty-four (24) hours after calibration. If weighing is to be done
offsite, the facility shall be equipped with a similarly certified portable scale or an
adequately -sized legal -for -trade truck scales and computerized recordkeeping
systems for weighing and recording all incoming HHW delivery vehicles. Such scales
shall be inspected and approved for use prior to placing them into service.
CONTRACTOR shall calibrate and certify scales no less frequently than annually.
(i) At least sixty (60) days prior to the Commencement Date, the CONTRACTOR shall
provide the TOWN with an Operations Plan detailing the following:
• Number of staff personnel and minimum level of training of such staff. Drop -
Off HHW Site Manager shall receive training in accordance with OSHA 29 CFR
§1910.120.
• List of onsite equipment.
• Set up of site, including traffic control, ingress and egress, and restricted
areas.
• Methodology detailing how materials will be received and logged and a
sample log sheet.
• Methodology detailing how materials will be managed, collated,
containerized and/or palletized, tracked, weighed, and/or transported from
the HHW Collection Event site to final disposal/recycling facilities.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disaosal and Recyclables Processing Services _ Page 11
Site safety, chemical containment, and spill containment plans.
Methodology detailing how the CONTRACTOR will ensure accurate invoicing
to the TOWN. Methodology shall detail where and how materials will be
weighed for invoicing purposes and how the weight of pallets, drums, and
other packaging materials will be deducted from gross weight.
• Sample invoice for TOWN review.
The Operations Plan is subject to approval by Contract Administrator.
0) Within thirty (30) days of the Commencement Date, the CONTRACTOR shall provide
documentation of end markets for all HHW and E-Waste. Documentation may be in
the form of (1) letter of agreements/contracts on subcontractor letterhead; (2)
copies of agreements/contracts indicating scope of agreement, dates and
signatures; or (3) sworn affidavit from CONTRACTOR on contractor letterhead. Such
documentation shall specify the materials involved, time period for which
agreement or affidavit is valid, and a general description of the material disposition
(precious metal recovery, sale to repair facility, resale to public, secondary lead
smelter, etc.). The CONTRACTOR shall keep this information current throughout the
term of the Contract. Should the environmental or regulatory compliance record of
an end market warrant, the TOWN reserves the right to require the CONTRACTOR to
change end markets.
(2) The CONTRACTOR shall provide four (4) drop-off collection events per year (one per
calendar year quarter) for Drop -Off Bulk Waste, hereinafter referred to as "Drop -Off
Collection Events." Such events shall be conducted within the TOWN limits at a location
to be provided by the TOWN and on dates to be approved by the Contract
Administrator. Such Drop -Off Collection Events shall be limited to TOWN residents who
show official proof of residency.
(a) Each Drop -Off Collection Event shall occur on a Saturday and shall last at least six (6)
hours in duration or until all residents that have arrived at the location during those
hours have been serviced. Such events may be scheduled in conjunction with or
separate from the HHW Collection Events, as approved by the Contract
Administrator.
(b) The CONTRACTOR shall be responsible for providing all staff, equipment, and
resources needed to conduct each Drop -Off Collection Event.
(c) The CONTRACTOR shall accept, transfer, recycle, reuse and/or dispose of Drop -Off
Bulk Waste delivered by TOWN residents to the Drop -Off Collection Events.
(d) The CONTRACTOR shall ensure that Drop-off Bulk Waste is accepted from TOWN
residents only, via valid identification or other means. No commercially generated
waste or Contractor -Generated Waste shall be accepted.
(e) Upon acceptance of Drop -Off Bulk Waste at the Drop -Off Collection Event, the
CONTRACTOR shall bear all costs associated with processing, transporting, recycling,
reusing, and/or disposing of such materials.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services W_ Pape 12
(f) The CONTRACTOR shall weigh all Drop -Off Bulk Waste materials transferred from
Drop -Off Collection Site upon entering the final disposal/recycling facility and record
the net weight of the materials by subtracting the weight of the empty vehicle upon
exit of the facility. No vehicle tare weights shall be used for Drop -Off Bulk Waste
deliveries. The final disposal facility shall be equipped with adequately -sized legal -
for -trade truck scales and computerized recordkeeping systems for weighing and
recording all incoming Drop -Off Bulk Waste delivery vehicles. Such scales shall be
inspected and approved for use prior to placing them into service. CONTRACTOR
shall calibrate and certify scales no less frequently than annually.
(g) At least sixty (60) days prior to the Commencement Date, the CONTRACTOR shall
provide the TOWN with an Operations Plan detailing the following:
• Number of staff personnel to be on site during operating hours.
• Set up of site, including traffic control and restricted areas.
• list of onsite equipment.
• Logistics of how materials will be received, quantified and logged and a
sample log sheet.
• Site Safety Plan.
• Methodology detailing how materials will be received, managed,
containerized, tracked, weighed, and/or transported from the Drop -Off
Collection Event site to final disposal/recycling facilities.
• Details regarding any processing of Drop -Off Bulk Waste that will take place
at Drop -Off Collection Event Site or elsewhere.
• Methodology detailing how the CONTRACTOR will ensure accurate invoicing
to the TOWN. Methodology shall detail where and how materials will be
weighed for invoicing purposes.
• Sample Invoice.
Operations Plan is subject to approval by Contract Administrator.
(h) Within thirty (30) days of the Commencement Date, the CONTRACTOR shall provide
the Contract Administrator with the name of the facility or facilities at which Drop -
Off Bulk Waste will be recycled or disposed, including the facility location, contact
person, phone number, and email address. The CONTRACTOR shall keep this list
current throughout the term of the Contract.
D. Record Keeoine
(1) The CONTRACTOR shall create, maintain, and make available records as defined herein;
as required by all applicable local, State, and Federal laws, rules and regulations; or as
are reasonably necessary to document and track the performance of work pursuant to
this Contract.
Town of Southwest Ranches, Florida
(2) The CONTRACTOR shall maintain records of the amounts of the TOWN'S Solid Waste
received at the Designated Receiving Facility. Such records shall be kept separate and
apart from all other records maintained by the CONTRACTOR. Records shall distinguish
between residential Solid Waste and commercial Solid Waste, and shall provide delivery
date and time, vehicle number, and net weight.
(3) The CONTRACTOR shall maintain such records in accordance with generally accepted
management principles and practices. The TOWN shall have access to such books,
records, documents, and other evidence for inspection, review, and copying during
normal business hours. The CONTRACTOR will provide proper facilities for such access
and inspection. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may
have application to records or documents pertaining to this Contract, and CONTRACTOR
acknowledges that such laws have possible application and agrees to comply with all
such laws.
(4) The CONTRACTOR shall complete and maintain log sheets, the format of which must be
approved by the Contract Administrator, regarding the HHW and E-Waste . received at
each HHW Collection Event. At a minimum, the CONTRACTOR shall record the number
and types (e.g., automobile, pickup truck, trailer, etc.) of vehicles delivering materials,
the name and the address of the resident dropping off the HHW and E-Waste, the types
of HHW and E-Waste delivered by each resident, and the total amount of HHW and E-
Waste collected at each event by type. The log sheets must be verified and signed by
the CONTRACTOR and the TOWN and each provided with a copy before any HHW and E-
Waste are transported from the collection site.
(5) The CONTRACTOR shall complete and maintain log sheets regarding the Drop -Off Bulk
Waste received at each Drop -Off Collection Event. At a minimum, the CONTRACTOR
shall record the number and types (e.g., automobile, pickup truck, trailer, etc.) of
vehicles delivering Bulk Waste, the name and the address of the resident dropping off
the Drop -Off Bulk Waste, the types and estimated quantities, in cubic yards, of Bulk
Waste delivered by each resident, and the total amount (in cubic yards) of Bulk Waste
collected at each event.
(6) The CONTRACTOR will maintain and allow access to books, records, data, documents,
and reports relating to this Contract in accordance with the records retention
requirements set forth in Florida Law.
E. Reporting
(i) Prior to the fifteenth (15t") calendar day of each month during the term of this Contract,
the CONTRACTOR shall submit a report electronically to the Contract Administrator, in a
format approved by the Contract Administrator. The report shall provide the total
tonnage of residential Solid Waste and commercial Solid Waste received at the
Designated Receiving Facility during the previous month, as well as a breakdown by
delivery date and time, vehicle number, and quantity. if applicable, the report shall
include any tonnage diverted from disposal by the CONTRACTOR.
(2) Within thirty (30) calendar days
after
each
HHW Collection Event and
Drop -Off
Collection
Event, the
CONTRACTOR
shall
submit
a report electronically
to the
Contract
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page 14
Administrator, in a format approved by the Contract Administrator. The report shall
provide the information collected at the HHW Collection Event and Drop -Off Collection
Event.
(3) Within ninety (90) days after each HHW Collection Event and Drop -Off Collection Event,
the CONTRACTOR shall provide documentation of disposal and/or recycling, indicating
the recycling/demanufacturing/disposal location and certifying that all HHW, E-Waste,
and Bulk Waste was handled in accordance with State.. Federal, and international rules
as they apply.
(4) Within thirty (30) days after the end of each Contract Year, the CONTRACTOR shall
provide the Contract Administrator with a report summarizing the total Tons of
residential Solid Waste and commercial Solid Waste delivered to the Designated
Receiving Facility during the Contract Year and the net tonnage diverted from disposal
(if applicable).
(5) At least fifteen (15) days prior to the end of each Contract Year during the term of this
Contract, the CONTRACTOR shall ensure and certify to the TOWN that all required
documents are current and on file with the TOWN. Such documents include, but are not
limited to, certificates of insurance and performance bond.
SECTION 4. CONTRACTOR'S RECYCLABLES PROCESSING RESPONSIBILITIES
A. Designated Facilities
(1) The following facility is the Designated Recycling Facility at which Program Recyclables
will be received by the CONTRACTOR pursuant to this Contract: Sun 2, 2281 NW 16t"
Street, Pompano Beach, FL, or such other facility that may be approved in writing by the
Town.
(2) The following facility is the Designated Processing Facility at which Program Recyclables
will be processed pursuant to this Contract: Sun 2, 2281 NW 16th Street, Pompano
Beach, FL, or such other facility that may be approved in writing by the Town.
(3) The Designated Recycling Facility and Designated Processing Facility may be changed
only with prior written approval by the Contract Administrator.
(4) The CONTRACTOR shall be fully responsible for all aspects of the management,
operations, and maintenance of the Designated Recycling Facility and Designated
Processing Facility.
(5) The CONTRACTOR shall ensure that the Designated Recycling Facility and Designated
Processing Facility are operated at all times in full compliance with all applicable local,
State and Federal laws, regulations, permits and similar requirements.
(6) The TOWN shall have the right, during the CONTRACTOR'S hours of operation, to
inspect both the operating and maintenance practices of the Designated Recycling
Facility and Designated Processing Facility. Operating practices shall include, but not be
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page 15
limited to, the receipt, separation, processing, loading, storage, and transport of
Recyclable Materials and Recovered Materials. The CONTRACTOR shall reasonably
accommodate the TOWN'S inspection rights described herein, provided it does not
create a safety hazard.
B. Materials Acceptance
(1) Beginning on the Commencement Date, the TOWN shall direct the TOWN'S Contract
Hauler to deliver all Program Recyclables to the Designated Recycling Facility during the
scheduled receiving hours specified herein. Program Recyclables will be delivered Single
Stream. The TOWN makes no assurances or guarantees regarding the quantity of
Program Recyclables that will be delivered to the Designated Recycling Facility.
(2) Beginning on the Commencement Date, the CONTRACTOR shall accept deliveries of
Program Recyclables at the Designated Recycling Facility between the hours of 6:00 a.m.
and 6:00 p.m. Monday through Friday and 6:00 a.m. and 4:00 p.m. on Saturday or other
hours, approved in writing, by the Contract Administrator. The Designated Recycling
Facility may be closed on Holidays as defined herein. No reduction in scheduled
receiving hours shall be made without the prior written approval of the Contract
Administrator.
(3) Program Recyclables are as defined in Section 2.U. The TOWN reserves the right to
designate or remove other Recyclable Materials as Program Recyclables if the
contracting parties agree it is technically feasible.
(4) The Designated Recycling Facility shall be operated to facilitate delivery vehicle access
during operations. The daily average delivery vehicle turnaround time from arrival at the
facility site to exit from the facility site shall not exceed twenty (20) minutes. Delays
caused by equipment failure not due to negligence of the CONTRACTOR or other fault of
the delivery vehicle shall not be included in the turn -around time computation. The
CONTRACTOR will provide the TOWN with access to its records to verify vehicle
turnaround time within twenty-four (24) hours notice.
(5) The Designated Recycling Facility shall be equ4.
ipped with adequately -sized legal -for -
trade truck scales and computerized recordkeeping systems for weighing and recording
all incoming Program Recyclables delivery vehicles. Such scales shall be inspected and
approved for use prior to placing them into service. CONTRACTOR shall calibrate and
certify scales no less frequently than annually.
(6) The CONTRACTOR shall weigh all trucks transporting Program Recyclables that enter the
Designated Recycling Facility, record such weights separate from all other materials, and
generate reports of incoming Program Recyclables as required herein or requested by
the TOWN. The CONTRACTOR may use tare weights. If the CONTRACTOR chooses to use
tare weights, all tare weights must be recalibrated at least every sixty (60) calendar
days.
(7) If Hazardous Waste is found within a load of Program Recyclables delivered by the
TOWN or its agents to the Designated Receiving Facility, the CONTRACTOR shall
immediately notify the Contract Administrator and note the incident by taking a
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables ,Processing Services Page 16
photograph of the Hazardous Waste and the truck, including the truck number and the
truck driver's information, that delivered the waste. The CONTRACTOR is responsible for
properly isolating, containerizing, and disposing of such Hazardous Waste in accordance
with all applicable laws. The cost of managing and disposing of such Hazardous Waste
shall be borne by the TOWN, provided that the CONTRACTOR has adequately
documented that such waste was delivered by or on behalf of the TOWN.
(8) In the event the CONTRACTOR fails, refuses, or is unable to accept Program Recyclables
on the Commencement Date or thereafter during the term of the Contract, the
CONTRACTOR will be liable for all hauling, processing, transportation, disposal charges
and any other related costs, in excess of payments that would have been made under
this Contract, which may be incurred by the TOWN with respect to recycling and
marketing such materials.
C. Transport, Processing, Marketing, and ,D s,po�sa,_I
(1) Upon acceptance of Program Recyclables at the Designated Recycling Facility, the
CONTRACTOR shall bear all costs associated with processing or transporting Program
Recyclables and marketing and transporting Recovered Materials. The CONTRACTOR is
responsible for all costs of transporting and disposing of non -recyclable materials,
including Rejects and Residue, resulting from the processing of Program Recyclables.
(2) Unless the CONTRACTOR has prior written permission from the TOWN, the
CONTRACTOR shall not dispose of and/or landfill any Program Recyclables or Recovered
Materials resulting from the processing of Program Recyclables. The CONTRACTOR shall
not knowingly, or without reasonable assumption, sell Program Recyclables or
Recovered Materials resulting from processing of Program Recyclables to another agent
that landfills or disposes of material other than through recycling. This does not apply to
Rejects and Residue.
D. Record Keep ng
(1) The CONTRACTOR shall create, maintain, and make available records as defined herein;
as required by all applicable local, State, and Federal laws, rules and regulations; or as
are reasonably necessary to document and track the performance of work pursuant to
this Contract.
(2) The CONTRACTOR shall maintain records of the amounts of Program Recyclables
received at the Designated Recycling Facility. Such records shall be kept separate and
apart from all other records maintained by the CONTRACTOR.
(3) The CONTRACTOR shall maintain such records in accordance with generally accepted
management principles and practices. The TOWN shall have access to such books,
records, documents, and other evidence for inspection, review, and copying during
normal business hours. The CONTRACTOR will provide proper facilities for such access
and inspection. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may
have application to records or documents pertaining to this Contract, and CONTRACTOR
acknowledges that such laws have possible application and agrees to comply with all
such laws.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page 17
(4) The CONTRACTOR will maintain and allow access to books, records, data, documents,
and reports relating to this Contract in accordance with the records retention
requirements set forth in Florida Law.
E. Reporting
(1) Prior to the fifteenth (15t") calendar day of each month during the term of this Contract,
the CONTRACTOR shall submit a report electronically to the Contract Administrator, in a
format approved by the Contract Administrator. The report shall provide the total
tonnage of Program Recyclables received at the Designated Recycling Facility during the
previous month, as well as a breakdown by delivery date and time, vehicle number, and
quantity.
(2) Within thirty (30) days of the end of each Contract Year, the CONTRACTOR shall provide
the Contract Administrator with a report summarizing the total Tons of Program
Recyclables delivered to the Designated Facility during the Contract Year and the net
tonnage diverted from disposal. Additionally, the CONTRACTOR shall submit a copy of
the annual report submitted to FDEP summarizing Recyclable Materials deliveries by
type, quantity, and source.
(3) At least fifteen (15) days prior to the end of each Contract Year during the term of this
Contract, the CONTRACTOR shall ensure and certify to the TOWN that all required
documents are current and on file with the TOWN. Such documents include, but are not
limited to, certificates of insurance and performance bond.
F. Public Education and Information
(1) The CONTRACTOR shall, at no cost to the TOWN, provide an educational presentation at
up to two (2) events per Contract Year as requested by the TOWN.
(2) The CONTRACTOR shall, at no cost to the TOWN, provide tours of the Designated MRF
upon at least seven (7) calendar days notice by the TOWN. The CONTRACTOR shall
provide personnel (bilingual upon request) to lead the tour and all necessary personal
safety equipment. Designated areas for tour -group participants to safely observe the
operations of the facility will be jointly agreed to by both the TOWN and the
CONTRACTOR prior to conducting any tours.
SECTION S. RATES AND BILLING FOR DISPOSAL SERVICE
A. Disposal ,Fee
(1) The per -Ton fee for receipt, management, and disposal of the TOWN's residential and
commercial Solid Waste, and providing all related services as specified herein, is as
specified in Exhibit 1 of this Contract. This fee is hereinafter referred to as the "Disposal
Fee."
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Rec clables Processing Services Page 18
(2) The TOWN shall be responsible for payment of the Disposal Fee for residential Solid
Waste, as specified in Section 5.E. The CONTRACTOR shall collect payment for disposal
of commercial Solid Waste from the Town's Contract Hauler.
(3) The Disposal Fee shall remain the same through the first Contract Year. At the
beginning of the second Contract Year and each subsequent Contract Year during the
term of the Contract, the Disposal Fee shall be adjusted based on eighty percent (80%)
of the percentage change in the Consumer Price Index (CPI) between the month of
March in the previous year and the month of March in the current year, rounded to the
nearest tenth, for all Urban Consumers (CPI-U), All Items, Not Seasonally Adjusted for
the South Region (series ID #CUUR0300SAO) as determined and recorded by the United
States Department of Labor, Bureau of Labor Statistics. In no event shall the annual
Disposal Fee adjustment exceed three percent (3%) of the Disposal Fee paid by the
TOWN during the previous Contract Year.
B. Contract Preparation and Administration Expenses. The CONTRACTOR understands and agrees
that the cost of the bid process is a part of the cost of providing disposal service and thus a
responsibility of the CONTRACTOR, and even though such costs in the amount of thirty
thousand dollars ($30,000) were initially expended by the TOWN, the expenditure was for the
benefit of the CONTRACTOR. Accordingly, CONTRACTOR agrees that any and all monies due
CONTRACTOR for the provision of services under this Contract, up to an amount of thirty
thousand dollars ($30,000), will be credited against the CONTRACTOR'S monthly invoices, as
follows, as reimbursement for these expenditures:
(1) Ten thousand dollars ($10,000) will be credited against payment to the CONTRACTOR
for the first month of service.
(2) The remaining twenty thousand dollars ($20,000) will be credited against the
CONTRACTOR'S monthly invoices at two thousand dollars ($2,000) per month for ten
(10) months, beginning the second month of the Contract term.
C. HHW Collection Event Fees
(1) The per -event fee for providing all staff, equipment, and resources needed for the HHW
Collection Event and the per -item disposal/recycling fees for each type of HHW and E-
Waste are as specified in Exhibit 1 of this Contract. These fees are hereinafter referred
to as the "HHW Collection Event Fees."
(2) The TOWN shall be responsible for payment of the HHW Collection Event Fees, as
specified in Section S.E.
(3) The HHW Collection Event Fees shall remain the same through the first Contract Year.
At the beginning of the second Contract Year and each subsequent Contract Year during
the term of the Contract, the HHW Collection Event Fees shall be adjusted based on
eighty percent (80%) of the percentage change in the Consumer Price Index (CPI)
between the month of March in the previous year and the month of March in the
current year, rounded to the nearest tenth, for all Urban Consumers (CPI-U), All Items,
Not Seasonally Adjusted for the South Region (series ID #CUUR0300SAO) as determined
and recorded by the United States Department of Labor, Bureau of Labor Statistics. In
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal „and Recyclables Processing Services Page 19
no event shall the annual HHW Collection Event Fees adjustment exceed three percent
(3%) of the HHW Collection Event Fees paid by the TOWN during the previous Contract
Year.
D. Drop -Off Collection, Event Fees
(1) The per -event fee for providing all staff, equipment, and resources needed for the Drop -
Off Collection Event and the per -Ton disposal fee for Drop -Off Bulk Wastes are as
specified in Exhibit 1 of this Contract. These fees are hereinafter referred to as the
"Drop -Off Collection Event Fees."
(2) The TOWN shall be responsible for payment of the Drop -Off Collection Event Fees, as
specified in Section S.E.
(3) The Drop -Off Collection Event Fees shall remain the same through the first Contract
Year. At the beginning of the second Contract Year and each subsequent Contract Year
during the term of the Contract, the Drop -Off Collection Event Fees shall be adjusted
based on eighty percent (80%) of the percentage change in the Consumer Price Index
(CPI) between the month of March in the previous year and the month of March in the
current year, rounded to the nearest tenth, for all Urban Consumers (CPI-U)., All Items,
Not Seasonally Adjusted for the South Region (series ID #CUUR0300SA0) as determined
and recorded by the United States Department of tabor, Bureau of Labor Statistics. In
no event shall the annual Drop -Off Collection Event Fees adjustment exceed three
percent (3%) of the Drop -Off Collection Event Fees paid by the TOWN during the
previous Contract Year.
E. Invoicing and Payment
(1) The CONTRACTOR shall submit a monthly invoice, in a form acceptable to the TOWN,
detailing the total fees due to the CONTRACTOR for disposal of residential Solid Waste
during the previous month. The invoice shall be sent to the following address:
Town of Southwest Ranches
Attn: Contract Administrator (to be named by the Town)
13400 Griffin Road
Southwest Ranches, FL 33330
(2) Following each HHW Collection Event, the CONTRACTOR shall submit an itemized
invoice, which shall provide the following information:
(a) Date and location of HHW Collection Event.
(b) Quantities, in pounds, by category, of waste collected.
(c) Cost per pound of waste collected by category.
(d) Total amount due for the HHW Collection Event.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page 20
(3) Following each Drop -Off Collection Event, the CONTRACTOR shall submit an itemized
invoice, which shall provide the following information:
(a) Date and location of Drop -Off Collection Event.
(b) Quantities, in Tons, of Bulk Waste collected.
(c) Cost per Ton of Bulk Waste collected.
(d) Total amount due for the Drop -Off Collection Event.
(4) The TOWN shall remit payment within thirty (30) days of invoice receipt.
SECTION 6. REVENUE AND PAYMENT FOR RECYCLABLES
A. Program_Recyclables Revenue
(1) The CONTRACTOR shall pay the TOWN monthly for each Ton of inbound Program
Recyclables delivered to the Designated Recycling Facility, as determined by the
Designated Recycling Facility's scales. The payment per Ton shall be calculated as
follows and as in Exhibit 2:
(a) Each month, the CONTRACTOR shall calculate the Average Market Value (AMV) of
the Program Recyclables, defined as the sum of the Southeast USA regional average
commodity prices (U.S. Dollars per Ton) first posted in the month for which
payment is being made in RecyclingMarkets.net multiplied by the composition
percentages as defined in Exhibit 2. If at any time during the term of this Agreement
RecyclingMarkets.net no longer posts or otherwise fails to provide the applicable
market indices, then the parties shall mutually select an appropriate replacement
source for the required information from among the sources recycling industry
professionals utilize to obtain reliable Recovered Material pricing information.
(b) A Contractor's Fee of fifty dollars ($50.00) per Ton shall be deducted from the AMV.
This fee shall be adjusted as specified in Section 6.A.(2).
(c) The CONTRACTOR shall pay the TOWN a percentage, as provided in Exhibit 2, of the
remaining amount, for each Ton of inbound Program Recyclables delivered to the
Designated MRF during that month.
(d) If the AMV is less than the Contractor's Fee of fifty dollars ($50.00), the
CONTRACTOR shall make no payment to the TOWN and the TOWN shall make no
payment to the CONTRACTOR. At no time shall the TOWN make payment to the
CONTRACTOR for accepting, processing, or marketing Program Recyclables,
regardless of the AMV.
(2) The Contractor's Fee of fifty dollars ($50) shall remain the same through the first
Contract Year. At the beginning of the second Contract Year and each subsequent
Contract Year during the term of the Contract, the Contractor's Fee shall be adjusted
based on seventy-five percent (75%) of the percentage change in the Consumer Price
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Paee 21
Index (CPI) between the month of March in the previous year and the month of March
in the current year, rounded to the nearest tenth. The CPI will be the Consumer Price
Index for the South Urban Region, All items — All Urban Wage Earners and Clerical
Workers, (series ID #CWUR0300SA0) published by the United States Department of
Labor.. Department of Labor Statistics. The total adjustment to the Contractor's Fee in
any given year shall not exceed two percent (2%) of the previous year's Contractor's
Fee. If the CPI is discontinued or substantially altered, the TOWN may select another
relevant price index published by the United States Government or by a reputable
publisher of financial and economic indices.
(3) The TOWN or CONTRACTOR may conduct a composition study of Program Recyclables
delivered to the Designated Recycling Facility. The party requesting such study shall pay
for the study unless otherwise agreed upon. The final methodology and selection of a
qualified entity to conduct the study must be approved by the TOWN. The TOWN
reserves the right to have a representative onsite throughout the recycling composition
study. Study results are subject to final approval by the TOWN, which shall not be
unreasonably withheld. If approved by the TOWN, adjustments to the composition
percentages provided in Exhibit 2 shall be made and shall become effective for the
following month and the remainder of the Contract, or until further adjusted in a future
composition study.
(4) The CONTRACTOR acknowledges and accepts that the formula outlined in Section 6.A
shall be used for calculating revenue throughout the term of the Contract. It is intended
to reflect the current value of Program Recyclables, but might not be an exact
calculation of that value. If the commodity revenue received by the CONTRACTOR
differs from the market index or the Contractor's Fee does not accurately reflect the
CONTRACTOR'S cost for accepting, processing, and marketing Program Recyclables, the
CONTRACTOR shall have taken such items into consideration when bidding the
percentage of the AMV less the Contractor's Fee that it will pay to the TOWN. Any and
all costs associated with accepting, processing, marketing, and transporting Program
Recyclables shall be the responsibility of the CONTRACTOR.
B. Invoicing and Payment
(1) No later than the fifteenth (1511) day of each month, the CONTRACTOR shall submit a
monthly report, in a form acceptable to the TOWN, detailing the total revenue due to
the TOWN for the Program Recyclables delivered to the Designated Recycling Facility
during the previous month. The report shall be sent to the following address:
Town of Southwest Ranches
Attn: Contract Administrator (to be named by the Town)
13400 Griffin Road
Southwest Ranches, FL 33330
(2) The CONTRACTOR shall remit payment of said revenue, as detailed in the monthly
report, within thirty (30) calendar days from the end of the month for which the
payment is due. Payment shall be remitted to the following:
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page 22
Town of Southwest Ranches
Attn: Contract Administrator (to be named by the Town)
13400 Griffin Road
Southwest Ranches, FL 33330
SECTION 7. CHANGE IN LAW
The CONTRACTOR may petition the TOWN for an additional rate adjustment resulting from a change in
law. The CONTRACTOR'S request shall contain substantial proof and justification to support the need for
the rate adjustment. The TOWN may request from the CONTRACTOR such further information as may
be reasonably necessary in making its determination. Within sixty (60) calendar days of receipt of the
request and all other additional information required by the TOWN, the Town Administrator shall make
a determination regarding the fairness of the request, and shall make a recommendation to the Town
Council. The Town Council shall consider the request at a regular meeting. If the Town Council
approves the request, adjusted rates shall become effective upon the Town Council's approval.
SECTION 8, LIQUIDATED DAMAGES
A. Assessment of liquidated Damages The Contract Administrator may assess liquidated damages
pursuant to this Section on a monthly basis in connection with this Contract and shall, at the
end of each month during the term of this Contract, notify the CONTRACTOR in writing of the
liquidated damages assessed and the basis for each assessment. In the event the
CONTRACTOR wishes to contest such assessment, it may request in writing a meeting with
the Contract Administrator to resolve the issue. The TOWN shall notify the CONTRACTOR in
writing of any action taken with respect to CONTRACTOR'S claims. The Town Administrator's
decision shall be final and conclusive unless determined by a court of competent jurisdiction
to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith,
or not suRported by competent evidence.
B. Liquidated Damage, for.Disposal Service The TOWN may assess liquidated damages against the
CONTRACTOR for failing to provide disposal and/or ancillary services in compliance with
requirements of this Contract. It is hereby agreed that the TOWN may deduct from any
monies due, or which may become due to the CONTRACTOR, liquidated damages, and not as
a penalty, in the following amounts:
1. Failure to accept Solid Waste during scheduled receiving hours $500 per unaccepted load
(Section 3.6.)
2. Failure to provide a daily average delivery vehicle turnaround $100 per day
time that does not exceed 20 minutes (Section 3.13.)
3. Failure to appear at HHW or Drop -Off Collection Events in a $2,500 per instance
capacity satisfactory to accept and transfer materials received.
(Section 3.C.)
4. Failure to submit timely records and reports (Section 3.E.) $100 per calendar day late
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recvclables Processing Services Page 23
C. Ligui_dat_ed Damages for Recvclables Processing Service. The TOWN may assess liquidated
damages against the CONTRACTOR for failing to provide recyclables processing services in
compliance with requirements of this Contract. It is hereby agreed that the TOWN may
deduct from _any monies due, or which may become due to the CONTRACTOR, liquidated
damages, and not as a penalty, in the following amounts:
1. Failure to accept Recyclable Materials during scheduled $500 per unaccepted load
receiving hours (Section 4.6.)
2. Failure to provide a daily average delivery vehicle turnaround $100 per day
time that does not exceed 20 minutes (Section 4.B.)
3. Disposing of Recyclable Materials or Recovered Materials $1,000 per occurrence
without prior approval of the Executive Director (Section 4.C.)
4. Failure to submit timely records and reports (Section 4.E.) $100 per calendar day late
S. Failure to make timely payment to the TOWN (Section 6.B.) $100 per calendar day late
SECTION 9. EMERGENCY SERVICE PROVISIONS
In the event of a hurricane, tornado, major storm, natural disaster, or other such event, the Contract
Administrator may grant the CONTRACTOR a variance from regular service. However, CONTRACTOR
shall make its best effort to resume regular service as soon as possible, and no later than resumption of
collection service by the Town's Contract Hauler. As soon as practicable after such event, the
CONTRACTOR shall advise the Contract Administrator when it is anticipated that normal service can be
resumed.
SECTION 10. PERFORMANCE BOND
A. Prior to commencing services, the CONTRACTOR shall furnish to the TOWN, and keep current
for the full duration of the Contract and any renewal, a Performance Bond for the faithful
performance of this Contract and all obligations arising hereunder in the amount below.
(1) The Performance Bond for disposal services shall be in the amount of one hundred
twenty-five thousand dollars ($125,000).
(2) The Performance Bond for recyclables processing services shall be in the amount of ten
thousand dollars ($10,000).
B. The Performance Bond shall be executed by a surety company licensed to do business in the
State of Florida; having an "A" or better rating by A.M. Best or Standard and Poors; included
on the list of surety companies approved by the Treasurer of the United States; and in a form
acceptable to the TOWN.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Qisoosal and R
SECTION 11. INSURANCE
11.1 Policy limits. CONTRACTOR shall not
Contractor has obtained all insurance
Insurance reflecting evidence of the
Administrator.
Z
commence performance under this agreement until
required under this section and such Certificates of
required insurance have been filed with the Town
CONTRACTOR shall maintain insurance with minimum policy limits for each coverage as
scheduled below, with such coverage per occurrence, single limit, and commencing prior to the
commencement of the work and continuing to provide coverage for claims based on occurrences
during the Initial Term and any Renewal Term of this Agreement (except for Pollution liability,
which may be provided on a claims made basis) for a minimum of three years from the date of
termination or expiration of this Agreement:
General Liability
Automobile Liability
Pollution Liability
$1, 000, 000/$2, 000, 000
$1, 000, 000/$2, 000, 000
$1,r000.0001$2..000t000
Worker's Compensation Statutory Amount
11.2 TOWN as additional insured. The TOWN shall be named as an additional insured on all insurance
policies required under this Agreement, except Workers Compensation. All Insurance Policies
shall be endorsed to provide that (a) Contractor's Insurance is primary to any other Insurance
available to TOWN or any other additional insured with respect to claims covered under the
policy and (b) Contractor's Insurance applies separately to each insured against who claims are
made or suit is brought, and (c) that the inclusion of more than one insured shall not operate to
increase the Insurer's limit of liability. Self-insurance by CONTRACTOR shall not be acceptable as
providing any of the required insurance coverages required in this Agreement.
11.3 Insurance company standards. Policies required under this Agreement shall be issued by
companies authorized to do business under the laws of the State of Florida, with a minimum
rating from A.M. Best Company of A- Excellent: FSC VII.
11.4 Notice of cancellation. Contractor agrees to furnish TOWN with at least 30 days prior written
notice of any cancellation of any insurance policy required under this Agreement. In the event
the insurance certificate provided indicates that the insurance shall terminate and lapse during
the period of this Agreement, then in that event, CONTRACTOR shall furnish, at least ten days
prior to the expiration of the date of such insurance, a renewed certificate of insurance as proof
that equal and like coverage for the balance of the period of the Agreement and extension there
under is in effect. CONTRACTOR shall not continue to work pursuant to this Agreement unless all
required insurance remains in full force and effect.
11.5 Minimum level of coverage. To ensure an adequate level of outstanding insurance coverage for
claims that arise from CONTRACTOR'S performance under this Agreement, CONTRACTOR shall
maintain a minimum outstanding level of insurance coverage during the Term of this Agreement
in the amount of twenty-five million dollars ($25,000,000) after deducting the amount of any
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recvclables'Processine Services Pa ee 25
claims filed or made against any policy required under this Agreement during the Term of this
Agreement and the five-year period following the term of this Agreement.
11.6 Premium payment responsibility. CONTRACTOR shall be solely responsible for payment of all
premiums for insurance contributing to the satisfaction of this Agreement and shall be solely
responsible for the payment of all deductibles and retentions to which such policies are subject.
CONTRACTOR shall ensure that any company issuing insurance to satisfy the requirements
contained in this Agreement, agrees that they shall have no recourse against TOWN for payment
or assessments in any form on any policy of insurance.
11.7 If Contractor's Insurance policy is a "claims -made" policy, then CONTRACTOR shall maintain such
Insurance Coverage for a period of five (5) years after the expiration or termination of the
agreement or any extensions or renewals of the agreement. Applicable coverages may be met
by keeping the policies in force, or by obtaining an extension of coverage commonly known as a
reporting endorsement of tail coverage.
11.8 If any of Contractor's Insurance policies includes a general aggregate limit and provides that
claims investigation or legal defense costs are included in the general aggregate limit, the
general aggregate limit that is required shall be at least five (5) times the occurrence limits
specified above in this article.
11.9 The official title of the owner is Town of Southwest Ranches. This official title shall be used in all
insurance policies and documentation.
11.10 All required insurance policies shall preclude any insurer's or underwriter's rights of recovery or
subrogation against TOWN with the express intention of the parties being that the required
insurance coverage protects both parties as the primary coverage for any and all losses covered
by the above described insurance.
11.11 The clauses "Other Insurance Provisions" and "Insured Duties in the Event of an Occurrence,
Claim or Suit" as it appears in any policy of insurance in which TOWN is named as an additional
named insured shall not apply to TOWN in any respect. TOWN shall use its best efforts to
provide written notice of occurrence within thirty (30) working days after TOWN'S actual notice
of such event.
11.12 Notwithstanding any other provisions of this Agreement, CONTRACTOR'S obligation to maintain
all required insurance as specified in this Section of the Agreement shall survive the expiration
or termination of this Agreement.
SECTION 12, INDEMNIFICATION OF TOWN
A. CONTRACTOR shall indemnify, defend, and hold harmless TOWN, TOWN'S contractors, and the
public officials, officers, directors, employees, agents, and other contractors of each of them,
from and against any and all claims, costs, losses and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and other professionals as well as all
Court or other dispute resolution costs), liabilities, expenditures or causes of action of any
kind (including negligent, reckless, willful or intentional acts or omissions of the
CONTRACTOR, any subcontractor, any supplier, any person or organization directly or
Town of Southwest Ranches, Florida
Agreement for Solid Waste Dis osal and Rec clables Processing S rvices Pa a 26
indirectly employed by any of them to perform or furnish any services or anyone for whose
acts any of them may be liable), caused by the breach of this Contract, violation of applicable
law, and the negligent acts or omissions of the CONTRACTOR in the performance of this
Contract. This indemnity includes but is not limited to claims attributable to bodily injury,
sickness, disease or death and to injury or destruction of tangible property; provided,
however, that nothing herein shall be construed to require the CONTRACTOR to indemnify
the TOWN or other indemnitee set forth above, for the sole negligence, or willful, wanton or
intentional misconduct of the TOWN or other indemnitee set forth above.
B. CONTRACTOR further agrees to indemnify, defend, save and hold harmless the TOWN, its
officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and
from any and all suits and actions of every name and description that may be brought against
TOWN, its officers, agents and employees, on account of any claims, fees, royalties, or costs
for any invention or patent rights or for the infringement of any and all copyrights or patent
claimed by any person, firm or corporation.
C. CONTRACTOR agrees, at CONTRACTOR'S expense, after written notice from the TOWN, to
defend any action against the TOWN that falls within the scope of this indemnity as set forth
above in Subsections A and B, or the TOWN, at the TOWN'S option, may elect not to tender
such defense and may elect instead to secure its own attorneys to defend any such action and
the reasonable costs and expenses of such attorneys incurred in defending such action shall
be payable by CONTRACTOR. Additionally, if CONTRACTOR, after receipt of written notice
from the TOWN, fails to make any payment due under this Contract to the TOWN or fails to
perform any obligation required by this Contract.. CONTRACTOR shall pay any reasonable
attorneys' fees and costs incurred by the TOWN in securing any such payment from
CONTRACTOR, or any reasonable attorneys' fees and costs incurred in the enforcement of this
indemnity, or both. Payment of any amount due pursuant to the foregoing indemnity shall,
after receipt of written notice by CONTRACTOR from the TOWN that such amount is due, be
made by CONTRACTOR prior to the TOWN being required to pay same, or in the alternative,
the TOWN, at the TOWN'S option, may make payment of an amount so due and
CONTRACTOR shall promptly reimburse the TOWN for same, together with interest thereon
at the rate of twelve percent (12%) per annum simple interest from the date of receipt by
CONTRACTOR of written notice from the TOWN that such payment is past due at least twenty
(20) days.
D. It is specifically understood and agreed that the consideration inuring to the CONTRACTOR for
the execution of this Contract consists of the promises, payments, covenants, rights, and
responsibilities contained in this Contract.
E. The execution of this Contract by the CONTRACTOR shall obligate the CONTRACTOR to comply
with the foregoing indemnification provision; however, the collateral obligation of providing
insurance must be also complied with as set forth in Section 23.
F. The CONTRACTOR shall require all subcontractors to enter into a contract containing the
provisions set forth in the preceding subsections in which contract the subcontractor fully
indemnifies the TOWN in accordance with this Contract.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal
SECTION 13, POINT OF CONTACT
VA
The day-to-day dealings between the CONTRACTOR and the TOWN shall be between the CONTRACTOR
and the Town Administrator or designee.
SECTION 14. NOTICE
Except as provided herein, whenever either party desires to give notice to the other, it must be given by
written notice, sent by certified U.S. mail, with return receipt requested, addressed to the party for
whom it is intended, at the place last specified and to the place for giving of notice in compliance with
the provisions of this paragraph. For the present, the parties designate the following as the respective
persons and places for giving of notice:
As to the TOWN:
Andrew Berns, Town Administrator
Town of Southwest Ranches
13400 Griffin Road
Southwest Ranches, Florida 33330
With a copy to:
Keith M. Poliakoff, J.D., Town Attorney
Law Offices of Becker and Poliakoff, P.A.
3111 Stirling Road
Fort Lauderdale, Florida 33312
As to the CONTRACTOR:
Ron Bergeron, Sr., Manager
Sun -Bergeron Solid Waste Services, JV
2380 College Avenue
Davie, FL 33317
With a copy to:
Joe Goldstein, Esq.
Shutts & Bowen, LLP
200 East Broward Boulevard
Suite 2100
Fort Lauderdale, FL 33301
Notices shall
be effective when received at
the address as specified above. Changes in the respective
addresses to
which such notice is to be directed may be made from time -to -time by written notice.
Facsimile
transmission is acceptable notice,
effective when received; however, facsimile transmissions
received
(i.e.,
printed) after 4:30 p.m. or on
weekends or holidays, will be deemed received on the next
business
day.
The original of items that are
transmitted by facsimile equipment must also be mailed as
required
herein.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page 28
SECTION 15. TERMINATION OF CONTRACT
A. Termination for Cause. The TOWN may cancel this Contract, except as otherwise provided
below in this Section, by giving the CONTRACTOR thirty (30) days advance written notice, to
be served as provided in Section 26, upon the happening of any one of the following events:
(1) The CONTRACTOR shall take the benefit 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 (court) 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 of a receiver, trustee or liquidator of all or substantially all
of its property; or
(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 the Federal bankruptcy laws or under any law or statute of the
United States or of any State thereof, provided that if any such judgment or order is
stayed or vacated within sixty (60) days after the entry thereof, any notice of default
shall be and become null, void and of no effect; unless such stayed judgment or order is
reinstated, in which case, said default shall be deemed immediate; or
(3) By, or pursuant to or under the authority of any legislative act, resolution or rule or any
order or decree of any Court or 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 or control
shall continue in effect for a period of sixty (60) days; or
(4) The CONTRACTOR has defaulted by failing or refusing to pay in a timely manner the
administrative charges or other monies due the TOWN and said default is not cured
within thirty (30) days of receipt of written notice by TOWN to do so; or
(5) The CONTRACTOR has defaulted by allowing any final judgment for the payment of
money to stand against it unsatisfied and said default is not cured within thirty (30) days
of receipt of written notice by TOWN to do so; or
(6) In the event that the monies due the TOWN under subsection (4) above or an
unsatisfied final judgment under subsection (5) above is the subject of a judicial
proceeding, the CONTRACTOR shall not be in default if the sum of money is bonded. All
bonds shall be in the form acceptable to the Town Attorney; or
(7) The CONTRACTOR has defaulted, by failing or refusing to perform or observe the terms,
conditions or covenants in this Contract or any of the rules and regulations promulgated
by the TOWN pursuant to this Contract or has wrongfully failed or refused to comply
with the instructions of the Contract Administrator relative thereto and said default is
not cured within thirty (30) days of receipt of written notice by the TOWN to do so, or if
by reason of the nature of such default, the same cannot be remedied within thirty (30)
days following receipt by the CONTRACTOR of written demand from the TOWN to do so,
11
Town of Southwest Ranches, Florida
Agreement for Solid Waste.Disposal and Recyclables Processing Services Page 29
the CONTRACTOR fails to commence the remedy of such default within said thirty (30)
days following such written notice or having so commenced shall fail thereafter to
continue with diligence the curing thereof (with the CONTRACTOR having the burden of
proof to demonstrate, (a) that the default cannot be cured within thirty (30) days, and
(b) that it is proceeding with diligence to cure said default, and such default will be
cured within a reasonable period of time). However, notwithstanding anything
contained herein to the contrary, for the failure of the CONTRACTOR to provide service
for a period of three (3) consecutive Work Days, the TOWN may secure the
CONTRACTOR'S billing records on the fourth (4th) Work Day in order to provide interim
Contract service until such time as the matter is resolved and the CONTRACTOR is again
able to perform pursuant to this Contract; provided, however, if the CONTRACTOR is
unable for any reason or cause to resume performance at the end of thirty (30) Work
Days all liability of the TOWN under this Contract to the CONTRACTOR shall cease and
this Contract may be deemed terminated by the TOWN.
B. Habitual Violations Notwithstanding the foregoing and as supplemental and additional means of
termination of this Contract under this Section, in the event that the CONTRACTOR'S record
of performance shows that the CONTRACTOR has frequently, regularly or repetitively
defaulted in the performance of any of the covenants and conditions required herein to be
kept and performed by the CONTRACTOR, in the opinion of the TOWN, and regardless of
whether the CONTRACTOR has corrected each individual condition of default, the
CONTRACTOR shall be deemed a "habitual violator," shall be deemed to have waived the right
to any further notice or grace period to correct, and all of said defaults shall be considered
cumulative and collectively and shall constitute a condition of irredeemable default. The
TOWN shall thereupon issue the CONTRACTOR a final warning citing the circumstances
therefore, and any single default by the CONTRACTOR of whatever nature, subsequent to the
occurrence of the last of said cumulative defaults, shall be grounds for immediate termination
of the Contract. In the event of any such subsequent default, the TOWN may terminate this
Contract upon giving of written final notice to the CONTRACTOR, such cancellation to be
effective upon the date specified in the TOWN'S written notice to the CONTRACTOR, and all
contractual fees due hereunder plus any and all charges and interest shall be payable to said
date, and the CONTRACTOR shall have no further rights hereunder. immediately upon the
specified date in such final notice the CONTRACTOR shall cease any further performance
under this Contract.
C. Termination Without Cause In addition to and not withstanding any other provisions of the
Agreement, this Agreement may be terminated by the TOWN for convenience upon providing
the CONTRACTOR with six (6) months written notice.
D. Effective Date of Termination. In the event of the aforesaid events specified in subsections A,
B, and C above and except as otherwise provided in said subsections, termination shall be
effective upon the date specified in the TOWN'S written notice to the CONTRACTOR and upon
said date this Contract shall be deemed immediately terminated and upon such termination all
liability of the TOWN under this Contract to the CONTRACTOR shall cease, and the TOWN shall
have the right to call the performance bond and shall be free to negotiate with other
contractors for the operation of the herein specified services. The CONTRACTOR, for failure to
perform, shall reimburse the TOWN all direct and indirect costs of providing interim service.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services Page 30
SECTION 16. MODIFICATIONS TO THE CONTRACT
The TOWN shall have the power to make changes in this Contract as the result of changes in law, TOWN
Code, or both to impose new rules and regulations on the CONTRACTOR under this Contract relative to
the scope and methods of providing the service specified herein as shall from time -to -time be necessary
and desirable for the public welfare. The TOWN shall give the CONTRACTOR notice of any proposed
change and an opportunity to be heard concerning those matters. If a change is required as a result of
an amendment to the TOWN's Code, upon receipt of the proposed change, CONTRACTOR shall have ten
(10) business days to either accept the change or to terminate this Agreement by providing the TOWN
with ninety (90) days written notice of termination. Failure to provide the TOWN with written notice of
termination shall constitute acceptance of the proposed change. The scope and method of providing
service as referenced herein shall also be liberally construed to include, but they are not limited to, the
manner, procedures, operations and obligations, financial or otherwise, of the CONTRACTOR.
The TOWN and the CONTRACTOR understand and agree that the Florida Legislature has the authority to
make comprehensive changes in Solid Waste Management legislation and that these and other changes
in law in the future which mandate certain actions or programs for counties or municipalities may
require changes or modifications in some of the terms, conditions or obligations under this Contract.
The CONTRACTOR agrees that the terms and provisions of any TOWN Code of the TOWN related to Solid
Waste services and regulations, as it now exists or as it may be amended in the future as a result of any
changes in the law, shall apply to all of the provisions of this Contract. In the event any future change in
the TOWN Code materially alters the obligations of the CONTRACTOR, then the fee established in the
Exhibits to this Contract shall be adjusted. Nothing contained in this Contract shall require any party to
perform any act or function contrary to law. The TOWN and CONTRACTOR agree to enter into good faith
negotiations regarding modifications to this Contract which may be required in order to implement
changes in the interest of the public welfare or due to change in law. When such modifications are made
to this Contract, the TOWN and the CONTRACTOR shall negotiate in good faith a reasonable and
appropriate compensation adjustment for any increase or decrease in the services or other obligations
required of the CONTRACTOR due to any modification in the Contract under this Section. The TOWN and
the CONTRACTOR shall not unreasonably withhold agreement to such compensation adjustment.
SECTION 17. PERMITS AND LICENSES
The CONTRACTOR shall obtain, at its own expense, all permits and licenses required by law or ordinance
and maintain same in full force and effect.
SECTION 18. INDEPENDENCE of CONTRACT
It is understood and agreed that nothing herein contained is intended or should be construed as in any
way establishing the relationship of co-partners or a joint venture between the parties hereto or as
constituting the CONTRACTOR as an agent, representative or employee of the TOWN for any purpose
whatsoever. The CONTRACTOR is to be, and shall remain, an independent contractor with respect to all
services performed under this Contract.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recvclables Processing Services Page 31
SECTION 19. 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,
hurricanes, severe weather, floods, 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, or Federal 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 in writing when it learns of the
existence of a Force Majeure condition and when the Force Majeure condition has terminated.
Notwithstanding anything in this Contract to the contrary, the term "Force Majeure" does not include,
and a party shall not be excused from performance under this Contract for, events relating to increased
costs, including, without limitation, increased costs of fuel, labor, insurance, or other expenses of
performing the services hereunder.
SECTION 20. EMPLOYEE STATUS
Persons employed by the CONTRACTOR in the performance of services and functions pursuant to this
Contract shall have no claim to pension, workers' compensation, unemployment compensation, civil
service or other employee rights or privileges granted to the TOWN'S officers and employees either by
operation of law or by the TOWN.
SECTION 21. EQUAL OPPORTUNITY EMPLOYMENT
CONTRACTOR shall comply with all Federal, State and TOWN laws applicable to the CONTRACTOR
services and specifically those covering Equal Opportunity Employment, the Americans with Disabilities
Act ("ADA") and the South Florida Building Code. The CONTRACTOR is expected to fully comply with all
provisions of all laws and the TOWN reserves the right to verify the CONTRACTOR'S compliance with
them. Failure to comply with any laws will be grounds for termination of the Contract for cause.
SECTION 22. MEDIATION
In addition to any other remedy provided by law, the parties may agree to use arbitration or mediation
to resolve any controversy or claim arising out of or relating to this Contract. Any controversy or claim
arising out of or relating to this Contract, or breach thereof, may be settled by arbitration in accordance
with the rules of the American Arbitration Association and judgment upon the award rendered by the
arbitrators may be entered in any court having jurisdiction thereof. In the event arbitration is agreed to
by both parties in writing, such controversy or claim shall be submitted to arbitrators selected from the
National Panel of The American Arbitration Association.
SECTION 23. RIGHT TO REQUIRE PERFORMANCE
The failure of the TOWN at any time to require performance by the CONTRACTOR of any provision
hereof shall in no way affect the right of the TOWN thereafter to enforce same, nor shall waiver by the
TOWN of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of
such provision or as a waiver of any provision itself.
Town of Southwest Ranches, Florida
Aarreement for Solid Waste Disposal and Recvclabl
SECTION 24, GOVERNING LAW
The parties agree that this Contract shall be construed in accordance with and governed by the laws of
the State of Florida.
SECTION 2S. CONSENT TO JURISDICTION
The parties agree that the jurisdiction for any legal action arising out of or pertaining to this Contract
shall be with the State Courts of Florida, and specifically, the County or Circuit Court for the Seventeenth
Judicial Circuit in and for Broward County, depending upon the respective jurisdictional limit. Each party
further agrees that venue for any action to enforce this Contract shall be in Broward County, Florida.
SECTION 26. LITIGATION
In the event of any litigation which arises out of, pertains to, or relates to this Contract, or the breach of
it, including, but not limited to, the standard of performance required in it, the prevailing party shall be
entitled to recover its reasonable attorneys' fees from the non -prevailing party, at both trial and
appellate levels.
SECTION 27, COMPLIANCE WITH LAWS
The CONTRACTOR shall conduct its operations under this Contract in compliance with all applicable
Federal, State and local laws and regulations.
SECTION 28. SEVERABILITY
If any provision of this Contract or the application of it to any person or situation shall to any extent be
held invalid or unenforceable, the remainder of this Contract and the application of such provisions to
persons or situations other than those as to which it shall have been held invalid or unenforceable, shall
not be affected, shall continue in full force and effect, and shall be enforced to the fullest extent
permitted by law.
SECTION 29. ASSIGNMENT AND SUBLETTING
No assignment of this Contract or any right occurring under this Contract shall be made in whole or in
part by the CONTRACTOR without the express written consent of the Town Council. The TOWN shall
have full discretion to approve or deny, with or without cause, any proposed or actual assignment by
the CONTRACTOR. Any assignment of this Contract made by the CONTRACTOR without the express
written consent of the Town Council shall be null and void and shall be grounds for the TOWN to declare
a default of this Contract and immediately terminate this Contract by giving written notice to the
CONTRACTOR, and upon the date of such notice this Contract shall be deemed immediately terminated,
and upon such termination all liability of the TOWN under this Contract to the CONTRACTOR shall cease,
and the TOWN shall have the right to call the performance bond and shall be free to negotiate with
other contractors, the CONTRACTOR, or any other person or company for the service which is the
subject of this Contract. In the event of any assignment, the assignee shall fully assume all the liabilities
of the CONTRACTOR.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recvclabfes Processing Services Page 33
SECTION 30. MODIFICATIONS
This Contract constitutes the entire Contract and understanding between the parties hereto, and it shall
not be considered modified, altered, changed or amended in any respect unless in writing and signed by
the parties hereto.
SECTION 31. LEGAL REPRESENTATION
It is acknowledged that each party was, or had the opportunity to be, represented by counsel in the
preparation of and contributed equally to the terms and conditions of this Contract and, accordingly, the
rule that a contract shall be interpreted strictly against the party preparing the same shall not apply
herein due to the joint contributions of both parties.
SECTION 32. FUND APPROPRIATION
The CONTRACTOR understands and agrees that the TOWN, during any fiscal year, is not authorized to
expend money, incur any liability or enter into any contract which, by its terms, involves the expenditure
of money in excess of the amounts budgeted as available for expenditure during such fiscal year and
that any contract, verbal or written, made in violation of this subsection is null and void and that
consequently, no money may be paid on such contract beyond such limits. Nothing contained in this
Contract shall prevent the making of contracts for periods exceeding one (1) year, but any contract so
made shall be executed only for the value of the services to be rendered or agreed to be paid for in
succeeding fiscal years. CONTRACTOR shall not proceed with services under this Contract without
TOWN'S written verification that the funds necessary for CONTRACTOR'S compensation and other
necessary expenditures are budgeted as available within the appropriate fiscal year budget. The TOWN
does not represent that said budget item will be actually adopted, said determination being the
determination of the Town Council at the time of the adoption of the budget.
SECTION 33. PUBLIC ENTITY CRIME
CONTRACTOR understands that a person or affiliate as defined in Section 287.133, Florida Statutes, who
has been placed on the convicted vendor list maintained by the Florida Department of Management
Services following a conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to the TOWN and may not transact business with the TOWN in an amount set
forth in Section 287.017, Florida Statutes, for Category Two for a period of thirty-six (36) months from
the date of being placed on the convicted vendor list. CONTRACTOR herein certifies that it is qualified
under Section 287.133, Florida Statutes, to provide the services set forth in this Contract.
SECTION 34. FINANCIAL INTEREST
CONTRACTOR warrants and represents that no elected official, officer, agent or employee of the TOWN
has a financial interest, directly or indirectly, in this Contract or the compensation to be paid under it
and, further, that no person who acts in the TOWN as a "purchasing agent" as defined in Chapter 112,
Florida Statutes, nor any elected or appointed officer of the TOWN, nor any spouse or child of such
purchasing agent, employee or elected or appointed officer, is a partner, officer, director or proprietor
of the CONTRACTOR and, further, that no such person, purchasing agent, TOWN elected or appointed
officer, or the spouse or child of any of them, alone or in combination, has a material interest in the
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recyclables Processing Services „ Page 34
CONTRACTOR. Material interest means direct or indirect ownership of more than five percent (5%) of
the total assets or capital stock of the CONTRACTOR.
SECTION 3S. ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements and understandings applicable to the matters contained in this Contract and the parties
agree that there are no commitments, agreements or understandings concerning the subject matter of
this Contract that are not contained in this document. Accordingly, it is agreed that no deviation from
the terms of this Contract shall be predicated upon any prior representations or agreements, whether
oral or written.
SECTION 36. AUDIT AND INSPECTION RIGHTS AND RETENTION OF RECORDS
TOWN shall have the right to audit the books, records and accounts of CONTRACTOR that are related to
this Agreement during normal business hours. CONTRACTOR shall keep such books, records, and
accounts reasonably required to document and substantiate CONTRACTOR'S performance under this
Agreement, including, but not limited to, records concerning calibration of the motor truck scales and
the monthly reports required under Article 2.5.
CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by
TOWN, all financial records, supporting documents, statistical records, and any other documents
pertinent to this Agreement for the required retention period of the Florida Public Records Act (Chapter
119, Fla. Stat.), if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period
of three (3) years after termination of this Agreement, unless CONTRACTOR is notified in writing by
TOWN of the need to extend the retention period. Such retention of such records and documents shall
be at CONTRACTOR'S expense. if any audit has been initiated and audit findings have not been resolved
at the end of the retention period or three (3) years, whichever is longer, the books, records, and
accounts shall be retained until resolution of the audit findings. If the Florida Public Records Act is
determined by TOWN to be applicable to CONTRACTOR'S records, CONTRACTOR shall comply with all
requirements thereof; however, no confidentiality or non -disclosure requirement of either Federal or
State law shall be violated by CONTRACTOR. Any incomplete or incorrect entry in such books, records,
and accounts shall be a basis for disallowance and recovery of any payment upon such entry.
SECTION 37. PIGGYBACK
it is contemplated that other governmental entities may piggyback upon this Agreement in whole or in
part. Such entities may only do so upon the consent of the CONTRACTOR.
SECTION 38. PAYMENT DISPUTES
If the TOWN disagrees with any amount stated in any invoice from the CONTRACTOR, the TOWN shall
notify the CONTRACTOR of such dispute. The TOWN shall make payment to CONTRACTOR of the
undisputed invoiced amounts within thirty (30) days after receipt of the invoice. In the event of a
disputed amount, the parties shall reasonably attempt to discover the cause of any discrepancy
between the parties, and if a resolution is not reached within forty five (45) days of the TOWN'S notice
of such dispute, the parties shall resolve the dispute in a manner permitted by Florida law. The
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Rec c&la_bles Processing Services , _ Paee 35
existence of a dispute shall not delay payment of undisputed amounts to CONTRACTOR, or relieve
CONTRACTOR of its obligations to TOWN under this Agreement.
SECTION 39. RECYCLING GUARANTY
CONTRACTOR acknowledges the State's seventy-five percent (75%) recycling goal, as defined by Chapter
403, Florida Statutes and applicable regulations promulgated thereunder. In acknowledging the State
goal, the CONTRACTOR shall endeavor to divert, as practically feasible, materials for recycling or
composting from the Solid Waste delivered by or on behalf of the TOWN, regardless of whether final
disposition is a waste -to -energy facility or landfill. Any such diversion shall be recorded and reported to
the TOWN on the monthly invoices.
SECTION 40. MOST FAVORED PRICING AND MATERIAL TERMS
In the event that CONTRACTOR subsequently enters into an agreement for a term of more than 12
months (including renewal and option periods) for the disposal and/or recycling of another
governmental entity's waste with a governmental agency (or a private entity that has been delegated to
provide the disposal of solid waste and/or recycling for all or substantially all of the solid waste
generated within a governmental entity's jurisdiction) generated anywhere within Miami -Dade, Palm
Beach, or Broward County (an "Eligible Agreement").. CONTRACTOR shall provide the TOWN with a copy
of the Eligible Agreement within sixty (60) days of execution thereof. if the TOWN determines that the
Eligible Agreement includes a net disposal charge that is less than the Disposal Services Charge set forth
herein, or a recycling payment that is greater than the payment set forth herein, the TOWN may provide
written notice to CONTRACTOR of TOWN'S determination, and, if the TOWN does so, the Disposal
Services Charge shall automatically be reduced to the net disposal charge set forth in the Eligible
Agreement, and the Program Recyclable payments to the TOWN shall be increased to the amount set
forth in the Eligible Agreement, and such change to be effective retroactive to the effective date of
Eligible Agreement. Thereafter, the parties shall proceed under this Agreement in accordance with the
lower net disposal charge and greater recyclable payment (subject to annual adjustments as provided
above).
For the purposes of clarification, the "net disposal charge" offered under the Eligible Agreement will be
the actual per -ton cost to the counterparty to the Eligible Agreement, and shall be determined net of any
costs (e.g., pass-throughs, etc.) paid by such counterparty or economic benefits (e.g., signing bonus,
revenue sharing, other credits, etc.) received by such counterparty, except for such economic benefits
that are as a result of CONTRACTOR operating a Waste Receiving Facility in such counterparty's
jurisdiction.
SECTION 41. HEADINGS
Headings in this document are for convenience of reference only and are not to be considered in any
interpretation of this Contract.
SECTION 42. EXHIBITS
Each exhibit referred to in this Contract forms an essential part of this Contract. Each such exhibit is a
part of this Contract and each is incorporated by this reference.
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disoosal and RecYclables Processing Services Page 36,
IN WITNESS WHEREOF, the TOWN and the CONTRACTOR have executed this Contract on the respective
date(s) below each signature.
r.
ATTEST:
Erica.rtonzalez-Sant aria, MC
TOWN CLERK
Date:
Approved as to form and co
KEITH M. POLIAK
#4691891
Date: � 4.
TOWN OF SOUTHWES
BY:
A municipal cor orati n I . A
�JF1i'i'
M -6 WIN -M W � T"M In
Date:
CONTRACTOR:
CHES, FLORIDA
SUN-BERGERON SOLID WASTE SERVICES
A general partnership
nt Name:
V%
Print Title: Manager
Date: A 1 soi;5
0 P,
Town of Southwest Ranches, Florida
Agreement for Solid Waste Disposal and Recvciables Processing Services Page .I
EXHIBIT 1
DISPOSAL AND ANCILLARY SERVICES FEES
Sur) *lierjera(luv
TOE OF SOUTHWEST RANCHES, FLORIDA
invitation for Bids
lFB No.13-003
PART Vt-FORM B
DISPOSAL FEE AND ANCILLARY SERVICE FEE PRICE FORM
Exhibit 1
Bidders wishing to provide Solid 'haste disposal servievs most complete this form in i
entirety in ink or typewritten.
Company Name Sun Bergeron Sold Wap to Bervicee r JV
Solid Waste Disposal Fee
A
Fee/Ton
B
Estimated
Ton Yea
C=A x B
Dtimated
Annual Disposal lees
Solid Wasw 3 21 5 x 11,000 ions =$47 � 57$0
(residential and commercial) '
An cillary Service Fees
All Bidders providing a fee for Solid Waste dismal serviecs must also provide prices for ancillary
semces. The Town will make a policy decision as to whettrer these anclillmy services will be included in
the contract. award.
W and E-Waste CoDe+ction Events
A B C=AxB
Fee/Event Events/year Estimated Annual Fee
Itemize Disposal and/or Recycling Fm
In the table on the following page, Bidders should indicate the fee for revenue to be billed or paid to the
Town f$r each ineter al type. Bidder should clearly indicate whedier Bid price is a fees, revenue, or no
charge. All quantities are listed for Bid purposes only. Town makcs no guarantee as to actual tonnage
expected,
13
Sun a¢r9eron jv
-JJIII��I�IIIJ�
- - -- -------
4w
W -UzjO i.L
----------
mom
1=1 42
off$=
#2
A#j
4m
A I L
� 3-21
p M-M�-
1 77
j-r-A7771
ITJ
�m
iTs
M 11'0114
1w,
1=
r.
ToW ftdm&tW Annual Fee
't Q*nU#u kftd Aaw Ov for Md pwpom a* and am based on 097% of ft MWW c3olwMW to lmow4 Coo* In IN 2OU0
7M Tom nAw no pmantes os to actual kwfte a
Total DMp4Dff NNW $OrVko FOO
0
Onned Fist Fee + ANOW hwhind Few ------ -
14
0 Sun 3ergeron JV
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
IFS No, 13-003
Drop*Off Collection Events
0 Quantity 1hted for Old purposm only.. Town minces r* somflee as to acmi tow av expMed.
LQnnie Bergeron
(nalne), me Manager (title)
Of
Sun Bergeron Solid Waste Services, JV
(bidder) swear or at that all infomiatimi submitted with tWs bid is uw, and that I am authorized to
complete this Price Form on behalf of the company.
April 19, 2013
Date
is
Town of Southwest Ranches, Florida
Agreement for Solid waste Disposal and Recyclables Processing Services Page 38
EXHIBIT 2
PROGRAM RECYCLABLES REVENUE
SUn Ber9aron SV
TO'VVN OF SOUTHWEST RANCHES. FLORIDA
Invbf , on for BW9
I M- W. 13-M
PART W - FOIN, C
PROGR4k it RECYCAl UE FORM
axam Y Nme, S=. -Bergeron Solid Waste Services,, JV
son"
IExhibit 2 1
it�0 r g to provWe Rotycbbk U**r6h stryip" wom coopwo Ws
com In tip- mtket.v in ink or ty. pewrftft, a,,
lip
4
The pqtmtjt per Ton sh*11 be calculated as follow.
I. Each month, the Contractor shall calculate the A of the Town's Program Recyclablm &fined as
the sum of the Sotitbaut USA regional avemp commodity prices (U.S. Dollan per Ton) iffst posW
It
in the month for which payment is being mode in &S'Xd1' S'.1jej multiplied by the
compos, Won pomxntages of the Town's Progam Recyclables, as derined in the table below, which
calculates the AMV for March 2013,
Calculation of the March 2013 Average Norket Value
7Y.
46f.
�4 "N%
H.
77*5
17.0%
S13.19
9 bA4 F.O.B. mdWs dwk
S77,"
txt a to
I I b" FOS. sclWs dwk
112.5
S112.50
10.0%
S-111.25
kftad PqW
PS I Wkd, F.OJ$. sdWs 4crA
70
S70.00
24.5%
S117.15
SNW cas
vron, wow, ww ow 5;hvred
115.0
$115.00
3.7%
$426
Alumiam =a
C 11
T WIN!
2.4%
$38.16
#347
Cmmi*ed (03-7* ftwwlk bAW ad pidWi up)
0.3
ST6AO
53%
$0.332
PET
I
Cvnuft, baW mad pk*od up
20.2
$416M
5.7%
$23.71
NO" H M,
C.=Iwlb, baW iod Pkied up
32.5
S6X00
2.2%
S14.30
cakwed "M
NO-Mnow h a i_
Ceatwlb, b&W wd pkW up
234
$5 16�m_
3.2%1
$1611
"POAMN __
GIM (3 mix)
=044 defivaw
$0.00
22J14
SW
A
CAV"
Name at t-his tixw
0.0
SO.00
0.5%
SOA
'60110"OrA '604
--- W-So ----- - -
NtA
NfA
$0.00
3.0%
$0.00
I*ft: IU bukx valum ftw huh) an usod puqw
for i I mly. OW am VAJOO to as
m
doWnvined by fiber od Mlsumi I wag kmod on RecyclUMMakeunet Prim to be und we the fum
publitUd Ro&nal Amu.* pnices for the $"Ow" USA in the mmish for which poynwd is beirg madc No
muktA index, curready exist for poly carkms in RecyclingMwkeu.nd; dwmfmc„ the value Is sit at SO. Wbin
& market index for polycoated catons or amptic wateiners bscoam amilable on Recyvl1t%Msets. nd* It will be
talk vd.
16
son 3er9eran JV
TOWN OF SOUTHWEST RANCHES, FLORIDA
Invitation for Bids
lFB No., 13-003
2. A fifty dollar ($50.00) Co triiclor's Fee shall be deducted frQ;n the, AMV. This fee shall be adjusted
of the draft contrgpt, providW n Aftwhment A.
as specifies! in Section 6.A(2)
3. The Contractor shall pay d)e Town a pe=n%ge, as bid below, of the remaining amount (AMV less
Contractor's fee) for each Ton of Inbound Program Recyclables delivered during that month.
Bidder shall enter in the yellow cells, below, tho per centage *mount that it will pay Ote
Town for lub9and Program, Rewyclables.
The AMV is intended , to be used as a market Index and does not necessarily rictlect the commodity
revenue received by the Contractor, therefore, the Bidder should determine die Bid Pementage
accordingly. Any mid all costs associated wlib processing, marketin& and transporting Program
Recyclables, including costs for rejects and residue disposaL am the responsibility of the Contractor.
Progmm Recyclables Revenue Bl1d*
Lonnie Bergeron (name),, the Manager (title)
of Sun -Bergeron Solid has Services,, JV
(bidder) swear or affirm that aJI information submitted with this bid is true, and that I am authorized to
complete this Recyclables Revenue Form on behalf of the company,
pww�
*"MMlwPgz:;;P'_
Signature
17
Lit", 12ro 15
Date
City of Tamarac Purchasing and Contracts Division
EXHIBIT B
Proposal by Sun -Bergeron Solid Waste Services, JV
To
City of Tamarac
(See Next Page)
10
A J*in# Venture
June 10, 2013
By E-M ail
City of Tamarac
Troy Gies, Budget and Contracts Manager
Public Services Department - Public Works
6011 Nob Hill Road
Tamarac, FL 33321
Dear Mr. Gies:
You have our consent and authorization to piggyback on the competitive contracts awarded by
Southwest Ranches or our other contracts with Miramar, Deerfield Beach (yet to be awarded), or
Broward County (negotiated contract and ILA) in whole or in part as the City of Tamarac deems
appropriate. The SW Ranches does contain a most favored pricing provision (Section 40), and
should Deerfield Beach award a contract to Sun Bergeron for Recyclables at a revenue share rate
of 45.01 %, then the SW Ranches contract would be adjusted to match such rate.
We look forward to continuing to serve the City's solid waste needs.
Sincerely,
Sun-B
/s/
lid Waste Services, JV
ip T. MecryEo, Jr.
Gam'