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

Fee, and Recyclables Delivery Fee shall be adjusted as specified in Exhibit 4 and shall not exceed two percent (2%) of the previous year’s fee. Change in Law Fee Adjustment Contractor may petition the County for an additional fee adjustment resulting from a Change in Law. Contractor’s request shall contain substantial proof and justification to support the need for the fee adjustment. The County may request from Contractor such further information as may be reasonably necessary in making its determination. Within sixty (60) Days of receipt of the request and all other additional information required by the County, the Contract Manager shall make a determination regarding the fairness of the request and shall make a recommendation to the Board. The Board shall consider the request at a regularly scheduled meeting. If the Board approves the request, adjusted fees shall become effective upon the Board’s approval. All notices to customers regarding fee adjustments must be approved by the County prior to being issued. ARTICLE 10. BILLING AND PAYMENT Collection Services 10.1.1. Residential Collection Service 10.1.1.1. The County shall provide billing and collection services for Residential Customers that are billed by the County Water and Sewer System. The Contractor will be charged a five percent (5%) administration fee deducted from the Contractor’s portion of the Collection Component (does not include the County’s remediation fee). On a monthly basis, by the fifteenth (15th) Day of the month, the County will remit to the Contractor the Contractor’s portion of the Collection Component, less the five percent (5%) administration fee, for all accounts for which payment has been received. 10.1.1.2. Contractor shall be responsible for billing and collecting the fees for the Collection Component and the Disposal Component for those Dwelling Units not billed by the County. Contractor shall retain Contractor’s portion of the Collection Component, which does not include the County’s remediation fee. On a monthly basis, by the fifteenth (15th) Day of the month, the Contractor will remit to the County the remainder of the Collection Component (i.e., County remediation fee) and entire Disposal Component for all accounts for which payment has been received. 10.1.1.3. Contractor may remove Residential Customer’s Roll Carts upon non‐payment of two (2) consecutive months. 10.1.2. Multi‐Family Collection Service 10.1.2.1. Billing of Multi‐Family Collection Service shall be the sole responsibility of Contractor. Invoicing shall be monthly in advance of services rendered, with the exception of roll‐ off pull and disposal charges which shall be billed in arrears. 10.1.2.2. Contractor may discontinue service upon non‐payment of two (2) consecutive monthly invoices. Contractor shall notify the Contract Manager of intention to discontinue Page 28 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 service due to non‐payment. Contractor is authorized to charge interest at the rate set by Florida Statutes, on any delinquent accounts. Transfer and Processing/Disposal The County shall provide a report no later than the 10th day of each month for all Acceptable Waste, inbound and outbound, handled at the Transfer Stations during the previous month. The Contractor shall invoice the County for transfer station operations, Solid Waste processing/disposal, and Recyclables delivery, as set forth herein, for Acceptable Waste received at the Transfer Stations. The County shall pay such invoices within thirty (30) Days from the date of invoice or request additional information if adequate information is not provided. ARTICLE 11. PERFORMANCE BOND Contractor shall furnish to the County a performance bond issued by a surety licensed to do business in the State of Florida for the faithful performance of this Agreement and all obligations arising hereunder. The performance bond shall be made payable in favor of Okaloosa County, Florida, or in lieu thereof, pay to the County, the sum of Three Million Dollars ($3,000,000). A complete bond shall be issued at least thirty (30) Days prior to the Commencement of this Agreement. Failure to properly maintain the performance bond for the duration of this Agreement shall constitute a breach of performance. ARTICLE 12. LIQUIDATED DAMAGES Basis for Liquidated Damages Contractor hereby acknowledges that it is difficult if not impossible for the County to ascertain the damages which could occur as a result of Contractor’s failure to perform any of its duties under this Agreement. As such, the County may assess liquidated damages pursuant to this Article on a monthly basis in connection with this Agreement and shall at the end of the month during the term of this Agreement, notify the Contractor in writing of the County’s intent to deduct liquidated damages for performance standard violations, including the basis for each assessment, from payments due or to become due to Contractor. Dispute Resolution Process In the event the Contractor wishes to contest assessment(s), the Contractor shall, within five (5) Days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager. The Contract Manager shall meet with Contractor as soon as practical and make a decision regarding the assessment(s). In the event the Contractor wishes to contest the Contract Manager’s decision, the Contractor shall, within five (5) Days after being heard by the Contract Manager, request in writing an opportunity to be heard by the County Administrator. The County Administrator shall meet with the Contractor as soon as practical and make a decision regarding the assessment(s). The decision of the County Administrator will be final. Liquidated Damages Amounts The Contractor expressly waives and relinquishes any right to characterize the liquidated damages as a penalty. The Contractor agrees that the liquidated damages established herein represents a fair and reasonable estimate of the County’s actual damages at the time of contracting if the Contractor fails to perform work in a timely manner. The Contract Manager may assess liquidated damages as listed herein, which shall be subtracted from the monthly payment to the Contractor: Page 29 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 Performance Standard Violation Liquidated Damages Failure to deliver collected materials to a Designated Facility. (Article 1st occurrence = $1,000 3.9.) 2nd occurrence = $5,000 3rd+ occurrences = $10,000 per occurrence Mixing collected materials within a single load. (Article 3.10.1.) $5,000 per occurrence Failure to submit to the County all plans, reports, or other $100 per incident per Day documents in the time required under the provision of this after due date Agreement unless otherwise approved by the Contract Manager. Failure to comply with the hours and days of operation. (Articles $100 per occurrence per Day 3.5.8., 3.7.4., 3.8.3., and 4.2.4.) Failure to complete each route on the regularly scheduled day $250 per route per Day except when such completion is made impossible by weather or other conditions, as determined by the Contract Manager. Failure to resolve complaints or missed pickups within the specified $100 per unresolved missed time frame. (Articles 3.10.8.2. and 3.10.8.5.) pickup or complaint per Day Failure to clean spillage, leakage, or blowing of material (oil, $100 per occurrence per Day hydraulic fluid, Solid Waste, Recyclables, etc.) within twenty‐four per incident (24) hours. (Article 3.10.5.2.) Failure to have vehicle operators properly licensed. (Article $100 per incident per Day 3.10.6.2.) Failure to maintain a local customer service office for the hours $100 per incident per Day required. (Article 3.10.7.1.) Route change not previously approved by Contractor Manager. $100 per incident per Day (Article 3.10.2.1.) Failure of provide proper identification on vehicles. (Article $100 per incident per Day 3.10.11.) Failure to repair damage to public or private property within $100 per incident per Day timeframe required by this Agreement or as approved by the Contract Manager. (Articles 3.10.4.4. and 4.2.6.12.) Failure to repair, replace, or deliver a container or Roll Cart within $50 per incident per Day three (3) business days of request. (Article 3.6.2.8.) Failure to leave a non‐collection notice for customer explaining why $50 per occurrence material was not collected. (Article 3.5.7.) Complaints, not including missed collections, over ten (10) per Day. $100 per incident (in addition to other liquidated damages above) Complaints, not including missed collections, over fifteen (15) per $100 per incident (in addition month. to other liquidated damages above) Failure to provide vehicle turnaround time of twenty (20) minutes $25 per occurrence or less. (Article 4.2.6.9.)