Okaloosa County BOCC — April 5, 2016 — 2016 Solid Waste Procurement - FINAL — reading text

to public or private property by Contractor as specified in Article 3.10.4.3. and Article 4.2.6.12. Spillage and littering occurrences as specified in Article 3.10.5.2. Monthly Report Contractor shall electronically submit a report to the Contract Manager in a format approved by the Contract Manager, within seven (7) Days after the end of the month during the term of this Agreement. The report shall contain the following information for the previous service month: A summary of all calls as specified in Article 3.9.8.4 and Article 4.2.6.16. Repair, replacement, exchange, and asset management reports for all Roll Carts including information as specified in Article 3.9.12.4. Residential recycling set out rate (number of carts placed out at the curb at least once per month divided by the number of total customers). List of customers receiving services for which the Contractor is billing (not based on cash receipts). The report should include customer name, type (Residential or Multi‐Family Customer), address, material(s) collected, materials collected (Solid Waste or Recyclables), container size, frequency of collection, and service fees, or any other information required by the Contract Manager. Documentation and calculation of franchise fee linked to the previous list and identifying customer invoice amount, revenue received, and franchise fee calculation for Multi‐Family Collection Service. Page 25 Note: Final Agreement terms and conditions will be modified based upon the residential service level selected by the Board and final negotiations with the Successful Proposer upon Board approval. Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement Attachment A: Draft Agreement Vehicle and equipment list if changes in the fleet of vehicles and equipment occurred during the previous month. Documentation of all public education activities planned, initiated, or executed during the previous month as specified in Article 3.10. Contractor’s failure to perform any of the requirements under section 8.4 shall be considered a breach of the Contract. Annual Report Contractor shall provide to the County annually a certified financial statement and report that includes an income statement showing the gross revenue received by Contractor for all services provided by Contractor under this Agreement. The report must include the opinion of a Certified Public Accountant, who had conducted an audit of Contractor’s books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. The report also must include the Certified Public Accountant opinion that Contractor has properly calculated and fully paid the franchise fees and revenues that are due and owing to the County pursuant to the provisions of this Agreement. The annual audit shall be delivered to the County within one hundred and twenty (120) Days after the end of the Contractor’s fiscal year. The County may waive the requirement of an audited financial statement upon good cause. Contractor shall file an annual report with the County no later than thirty (30) Days following the close of the County’s fiscal year (September 30). The annual report shall summarize the previous fiscal year's operations for all services provided pursuant to this Agreement including a discussion of operating issues that occurred during the year, anticipated operating system issues during the coming fiscal year, planned capital improvements if applicable, and any other information pertinent to services provided pursuant to this Agreement. The annual report should include the information regarding the maintenance and stewardship of the Transfer Stations, FDEP Permit, and any other related aspects of this Agreement. It shall also summarize the previous year’s material recovery operations including the quantity of Recovered Materials, and any other information pertinent to the recovery efforts. Contractor shall maintain a comprehensive preventative maintenance schedule and detailed maintenance records for all equipment and systems at the Transfer Stations. Contractor shall provide maintenance records upon request. No later than May 1 of each year beginning May 1, 2017, Contractor shall provide the Contract Manager with a report summarizing the total Tons of Recyclables received during the past Agreement year and the net tonnage diverted from disposal. Additionally, Contractor shall submit a copy of the annual report submitted to FDEP summarizing Recyclable Materials deliveries by type, quantity, and source. Contractor’s failure to perform any of the requirements under section 8.5 shall be considered a breach of the Contract. Additional Information Contractor shall provide any additional information or reports as requested by the Contract Manager to monitor this Agreement or the County’s Solid Waste and Recyclables programs. Page 26 Note: Final Agreement terms and conditions will be modified based upon the residential service level selected by the Board and final negotiations with the Successful Proposer upon Board approval. Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement Attachment A: Draft Agreement ARTICLE 9. COMPENSATION Franchise Fee The franchise fee shall pertain to Multi‐Family Collection Service. No franchise fee is required for Residential Collection Service. Contractor shall remit a franchise fee in the amount of four and one‐half percent (4.5%) of gross revenues collected in the immediately preceding month pursuant to this Agreement to the County on or before the fifteenth (15th) Day of each month. In addition to the information required to be provided by Contractor under section 8.4 of this Agreement, upon ten (10) days request by the County, Contractor may be required to provide financial statements which reflect the gross revenues collected in any given month under this Agreement. Failure to provide the County with the records within a timely manner shall be considered a breach of performance by the Contractor. Collection Service Fees Fees for Residential Collection Services and Multi‐Family Collection Services are provided in Exhibit 1. The container and maintenance fee and per pull collection fee for containers equal to or greater than ten cubic yards (≥10CY) are a not‐to‐exceed rate. Fees are subject to Fee adjustments set forth in Article 9.2.1. No additional fees or charges shall be billed by Contractor unless approved by the Board. 9.2.1. Collection Service Fees Annual Adjustment All unit fees set forth in Exhibit 1 shall remain the same through the first year of the Agreement. Notices to customers regarding fee adjustments must be approved by the County prior to being issued. 9.2.1.1. Collection Component: On October 1, 2017 and October 1 of each subsequent year during the term of this Agreement, the Collection Component of the fees shall be adjusted. The Collection Component fee adjustment calculation shall be made as specified in Exhibit 4 and shall not exceed two percent (2%) of the previous year’s Collection Component fee. 9.2.1.2. Disposal Component: The Disposal Component shall be adjusted whenever the tip fees at the Designated Facility are adjusted. At least sixty (60) Days prior to the effective date of any adjustment in the tip fees to be charged at the Designated Facility, the County shall notify Contractor of such adjustments, and shall provide the Contractor with a revised formula for calculating the Disposal Components. The Disposal Component fee adjustment calculation shall be made as specified in Exhibit 5. Transfer Station Operations Fee The Contractor shall invoice the County monthly for the acceptance and handling of Solid Waste and Recyclables received at the Transfer Stations. The fee per Ton to be paid to the Contractor is provided in Exhibit 1. The monthly tonnage to be invoiced shall be based on the inbound tons of Solid Waste and Recyclables received at the Transfer Stations pursuant to this Agreement. This fee shall take effect on the Commencement Date of this Agreement and shall continue without adjustment through September 30, 2017, and thereafter may be adjusted in accordance with section 9.6. Solid Waste Processing/Disposal Fee The Contractor shall invoice the County monthly for the transportation and Processing/Disposal of Solid Waste received at the Transfer Stations. The fee per Ton of Solid Waste to be paid to the Contractor is provided in Exhibit 1. The monthly tonnage to be invoiced shall be based on the outbound tons of Solid Waste pursuant to this Agreement. This fee shall take effect on the Commencement Date of this Agreement and shall continue without adjustment through September 30, 2017, and thereafter may be adjusted in accordance with section 9.6. Page 27 Note: Final Agreement terms and conditions will be modified based upon the residential service level selected by the Board and final negotiations with the Successful Proposer upon Board approval. Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement Attachment A: Draft Agreement Recyclables Delivery Fee The Contractor shall invoice the County monthly for the transportation and delivery of Recyclables to the Designated Recycling Facility. The fee per Ton of Recyclables to be paid to the Contractor for delivery of Recyclables is provided in Exhibit 1. The monthly tonnage shall be invoiced based on the outbound tons of Recyclables pursuant to this Agreement, and thereafter may be adjusted in accordance with section 9.6. Annual Fee Adjustment On October 1, 2017 and October 1 of each subsequent year during the term of this Agreement, the Transfer Station Operations Fee, Solid Waste Processing/Disposal