Okaloosa County BOCC — July 21, 2015 — Attachment A 070915 — reading text

remainder of the Collection Component (i.e., County remediation fee) and entire Disposal Component for all accounts received. 10.1.1.3. Contractor may remove Residential Customer’s Roll Carts upon non‐payment of two (2) consecutive months. Page 30 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, Processing and Disposal Agreement Attachment A: Draft Agreement 10.1.2. Multi‐Family and Commercial Collection Service 10.1.2.1. Billing of Multi‐Family and Commercial 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 service due to non‐payment. Contractor is authorized to charge interest at the rate set by Florida Statutes, on any delinquent accounts. Transfer, Processing and Disposal The County shall provide a report no later than the 10th day of each month for all Acceptable Waste received at the Transfer Stations during the previous month. The Contractor shall invoice the County for the handling, transportation, processing and/or disposal fees, 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. Recyclables Processing Payment The County shall invoice the Contractor monthly for all Recyclables received at the Transfer Stations during the previous month. The Contractor shall pay such invoices within thirty (30) Days from the date of invoice. 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. ARTICLE 12. LIQUIDATED DAMAGES Basis for Liquidated Damages 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 such assessment(s), the Contractor shall, within five (5) Days after receiving such notice, request in writing an opportunity to be heard by the County Administrator. In the event the Contractor wishes to contest the County Administrator’s decision, the Contractor shall, within five (5) Days after receiving such notice, request in writing an opportunity to be heard by the Board and present its defense to such assessment(s). The Contract Manager shall notify the Contractor in writing of any action taken with respect to the Contractor’s claims and the decision of the Board will be final. Liquidated Damages Amounts The Contractor expressly waives and relinquishes any right to characterize the liquidated damages as a penalty, which the Contractor agrees 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 31 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, Processing and Disposal Agreement Attachment A: Draft Agreement Performance Standard Violation Liquidated Damages Failure to deliver materials to a Designated Facility. (Article 3.9.) 1st occurrence = $1,000 2nd occurrence = $5,000 3rd+ occurrences = $10,000 per occurrence Mixing 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.) Page 32 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, Processing and Disposal Agreement Attachment A: Draft Agreement Failure to test scales during specified timeframe. (Article 4.2.6.3.) $5,000 per occurrence Failure to remedy a NOV within specified timeframe. (Article $5,000 per occurrence 4.2.3.3.) Failure to update tare weights within specified timeframe. (Article $100 per occurrence 4.2.6.4.) Failure to remove Solid Waste from the tipping floor in accordance $500 per occurrence with Contractor’s operating permits. (Article 4.2.6.5.) Failure to maintain maintenance records. (Article 4.2.7.1.) $500 per occurrence Disposing of Recyclable Materials or Recovered Materials without $1,000 per occurrence prior approval of the Contract Manager. (Article 5.3.a.) Failure to submit timely records and reports. (Article 8.) $100 per Day late Failure to make timely payment to the County. (Article 10.) $100 per Day late Exemptions from Liquidated Damages Contractor shall not be liable for liquidated damages because of any delays in the performance due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of the government, fires, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather, or delays of subcontractors or suppliers due to such causes. ARTICLE 13. TERMINATION Termination for Cause The County may terminate this Agreement, except as otherwise provided below in this paragraph, by giving Contractor fifteen (15) Days advance written notice, upon the happening of any one of the following events: a. If more than Seven Thousand Five Hundred Dollars ($7,500) in liquidated damages have been assessed within the same calendar year; or, b. Contractor takes the benefit of any present or future insolvency state, or shall make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy, or a petition or answer seeking readjustment of its indebtedness under the Federal United States, or any state thereof, or consent to the appointment of a receiver trustee, or