HomeMy WebLinkAbout2017-034f
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i
Yard Waste Processing
and Disposal Services
Agreement
Between
Indian River County Solid Waste Disposal District
("SWW")
And
Russell Payne, Inc. d/b/a Mr. Mulch, Inc.
("Contractor")
TABLE OF CONTENTS
ARTICLE1-WORK........................................................................................................................................1
ARTICLE 2-THE YARD WASTE PROCESSING SITE........................................................................................3
ARTICLE3-CONTRACT TERM ......................................................................................................................3
ARTICLE 4-CONTRACT PRICE, PAYMENT AND ADJUSTMENT....................................................................3
ARTICLE6-INSURANCE................................................................................................................................4
ARTICLE 7-INDEMNIFICATION....................................................................................................................5
ARTICLE 8-CONTRACTOR'S REPRESENTATIONS.........................................................................................5
ARTICLE 9-CONTRACT DOCUMENTS..........................................................................................................6
ARTICLE 10-MISCELLANEOUS.....................................................................................................................7
ARTICLE 11-FEDERAL CLAUSES..................................................................................................................8
ARTICLE 12-TERMINATION OF CONTRACT..............................................................................................12
EXHIBIT A-CALCULATION OF RATE ADJUSTMENT
EXHIBIT B-YARD WASTE PROCESSING SITE
This Agreement is by and between the Solid Waste Disposal District(SWDD),a dependent special district of
INDIAN RIVER COUNTY,a Political Subdivision of the State of Florida organized and existing under the Laws
of the State of Florida,(hereinafter called Owner)and Russell Payne.Inc.d/b/a Mr. Mulch. Inc. (hereinafter
called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1-WORK
Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
The Indian River County Solid Waste Disposal District is contracting for the services to process and
remove: Yard waste, landscape debris, and land clearing debris, which means: vegetative matter from
commercial and residential landscaping maintenance, which includes branches, shrubs, trimmings, grass
clippings, palm fronds, Christmas trees, stumps, trees and wood pallets. The diameter and length of
materials,varies greatly. Majority of the incoming material is covered by the SWDD landfill assessment,i.e.,
no tipping fee. However, anything over 3 inches in diameter is considered chargeable material by SWDD,
therefore,the Contractor must inspect each load and if applicable report as chargeable load to the SWDD
scalehouse to apply appropriate charges. The Contractor will process (includes vehicle receiving/traffic
control services)all incoming material into mulch and load/remove off-site all material designated by SWDD
to maximize recycling credits to Indian River County.The Contractor will also load all material designated by
SWDD for beneficial use to be removed by others.The SWDD does not guarantee the quality or the quantity
of the yard waste,reserves the right to keep 100%processed mulch for cover material or any other beneficial
use,reserves the right to accept or not accept any out-of-county yard waste and reserves the right to provide
or not provide any storm related debris under the control of the County and or SWDD.
SPECIFIC CONDITIONS
A. Contractor shall process(includes vehicle receiving/traffic control services and creation of
mulch) all the specified material at the processing site located at the Indian River County Landfill
at 1325 74`h Ave SW,Vero Beach, Florida,32968.The Contractor shall limit the processing
activity within the designated area (Approximately 5 acres as shown in Exhibit B).
B. Contractor must be able to process a minimum of 60,000 tons of material per year.The
Contractor must also be able to accommodate any increase in tonnages per year for the
duration of the Agreement.Contractor must be aware that tonnage numbers change due to
seasonal fluctuations. However,SWDD makes no guarantee as to any quantity or quality of yard
waste to be provided. SWDD's failure to provide any quantity of yard waste shall not be a
violation of the agreement by SWDD.
C. Solid Waste Disposal District requires the site be operated in a clean,secure and efficient
manner.The County and SWDD requires the Contractor to comply with all applicable Federal,
State and local regulations,including 62-701 F.A.C.SOLID WASTE MANAGEMENT FACILITIES.Any
operational activity by the Contractor that violates any regulatory agency codes shall be the
responsibility of the Contractor to correct solely at the Contractors expense within the time
frame set by the regulatory agency.The Contractor's"Equipment Service Area"shall be kept
clean and organized. All equipment maintenance shall be performed in a manner that prevents
oils,fuel, lubricants and other waste from contaminating the environment.
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D. Contractor shall provide debris processing(includes vehicle receiving/traffic control services and
creation of mulch)and disposal/recycling services for yard waste, landscaping debris,and land
clearing delivered to the Solid Waste Disposal District Indian River County Landfill.
E. Contractor shall process all materials within Federal,State, Local and the Solid Waste Section
guidelines.Any proposed regulations that are adopted by the Regulatory agencies that are more
restrictive than this document shall be incorporated into this Agreement.
F. Contractor,at their own expense,shall market and remove the materials generated by the
processing operation conducted at the landfill in a manner that Indian River County will receive
recycling credits. Remaining post-processing materials on site can never exceed 30 days receipts
of yard waste.
G. The processing specifications for contractor are as follows:
1. Contractor shall receive and handle all materials on site delivered by customers from 7:00
a.m.to 5:00 p.m.,seven days per week except for the following holidays: Independence
Day, Labor Day,Thanksgiving,Christmas,and New Year's Day.
2. Contractor shall inspect all incoming material for conformity to yard waste specifications
(less than 3 inches in diameter).All yard waste not meeting this requirement shall be
reported to the SWDD scalehouse so that appropriate charges are applied. Loads containing
hazardous or unacceptable materials shall be refused if identified prior to being dumped. If
identified after being dumped,then notify scalehouse and provide an opportunity for
customer to remove all non-conforming materials. If identified after customer has left,then
handle hazardous materials appropriately and place all other non-conforming materials in a
roll-off container provided by the landfill contractor.This container will be weighed at the
scalehouse prior to disposal by the landfill contractor.The disposal tonnage will be deducted
from the incoming yard waste materials; however,the disposal charges will not apply.
3. Contractor shall process all materials on site as needed to allow for a safe working
environment.
4. Contractor shall prepare and provide a site operating plan as well as a health and safety plan
for approval by SWDD.The plan shall include, at a minimum,site environmental issues such
as noise,dust,odor and waste acceptance as well as equipment and personnel safety issues,
personnel training,site communication,fire prevention and control,management of
contamination and spill response.
5. Processed material not utilized by the SWDD for landfill cover material or other beneficial
uses will be Contractor's responsibility to market and/or sell and provide all trucking at their
expense. Contractor will provide in writing to the SWDD the final destination(s)of the
material upon contract award.
6. Contractor shall remove and consolidate any foreign materials(non-wood wastes/non-
process materials) dropped off improperly at the site.The Contractor will haul these foreign
materials;garbage,tires,scrap metals,etc.,and transport them to their proper disposal
locations as directed by the SWDD Scalehouse staff.
7. If the Contractor's equipment fails to operate for seven (7)consecutive days the Contractor
will utilize alternate equipment to process the material.
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8. Storm Debris. The SWDD shall have the exclusive right to determine how the SWDD will
dispose of Yard Waste generated by a hurricane, natural disaster,or other event that
produces unusually large quantities of Yard Waste(collectively, "Storm Debris"). The
County/SWDD reserves the right to designate Disaster Debris Management Sites that are
deemed suitable for the management and disposal of Storm Debris with appropriate
notification to the Florida Department of Environmental Protection of this designation. The
SWDD shall make a good faith effort to direct as much Storm Debris to the Contractor as
possible; however,the SWDD shall not be obligated to provide Storm Debris to the
Contractor,and the SWDD shall have no liability to the Contractor if the SWDD in its sole
discretion determines that it is not appropriate or otherwise in the SWDD's best interests to
provide Storm Debris to the Contractor. If the SWDD does provide Storm Debris to the
Contractor then the Contractor shall provide additional resources at no additional cost to
SWDD and the processing/disposal cost shall remain-as is.
ARTICLE 2-THE YARD WASTE PROCESSING SITE
The Yard Waste Processing Site(Site),shown in Exhibit B,for which the Work under the Contract Documents
may be the whole or only a part is generally described as follows:
Site Name: Yard Waste Processing Site
Bid Number: 2017028
Site Address: 132574 th Ave SW,Vero Beach, Florida 32968
Approximate Size: 5 Acres
ARTICLE 3-CONTRACT TERM
3.01 The initial term of the Agreement shall be for one(1)year and shall commence on April 1,2017.This
Agreement may be extended for six(6)one(1)year terms at the same prices and conditions at the
time of renewal, by mutual agreement.This Agreement may be terminated by either party with at
least a ninety(90)calendar day notice of intent to terminate.
ARTICLE 4-CONTRACT PRICE, PAYMENT AND ADJUSTMENT
4.01 The County shall pay the Contractor for the performance of this Contract and completion of the
project in accordance with the Contract Documents, subject to annual price adjustments (if
approved by the County Administrator or designee)or by an approved contract amendment by the
SWDD Board,the total amount in current funds being as follows(the"Contract Price"):
$11.19/TON PROCESS(RECEIVE,GRIND AND LOAD)YARD WASTE(ON-SITE)
9.48 ON TRANSPORT AND DISPOSE OF YARD WASTE(OFF-SITE)
4.02 Once each month payments shall be made during the term of the Contract in the amount due on
the Contract.Contractor shall submit an invoice to the SWDD Project Manager no later than the 101h
day of each month for the previous month's tonnage. Payment to the Contractor shall be made for
all undisputed amounts on or before the thirtieth (30th) calendar day or 20 business days of the
SWDD''s receipt of the invoice, whichever occurs later, upon verification by SWDD of the invoice
submitted. The SWDD may reject the application.in writing which shall specify the deficiency and
the action necessary to correct the deficiency. Payment shall be due 20 business days after the
SWDD's receipt of a corrected invoice.
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4.03 The SWDD shall pay the Contractor through payments issued by the County Finance Department in
accordance with the Local Government Prompt Payment Act of the Florida Statutes, upon receipt
of the certified invoice from the SWDD Managing Director. The parties agree, however, that any
payments withheld as liquidated damages or for any other reason allowed by this Contract, shall
not be governed by the Florida Prompt Payment Act.
4.04 Rate Adjustment
A. All unit prices shall remain the same through September 30, 2018.
B. Contractor may request an annual rate adjustment. Such request must be submitted in writing
to SWDD no later than April 30th of the year in which Contractor would like the rate adjustment
to go into effect.Such rate adjustments are subject to approval by the County Administrator or
his designee. If approved,the rate adjustment would become effective October 1 of that year.
C. If a rate adjustment is requested,the calculation shall be made as specified in Exhibit A and shall
not exceed three percent(3%).
4.05 Performance Bond:The County requires an annual payment and performance bond in the amount
of$300,000 renewed each year the contract is extended.
ARTICLE 6-INSURANCE
6.01 General Liability Insurance
A. Contractor shall obtain and maintain throughout the Initial Term and any Renewal Terms
of this Agreement at its expense the following insurance coverage from insurers who are
licensed in the State of Florida and have a current rating of B+or better in "Best's Key
Rating Guide":
1. Workers'Compensation Insurance.Workers'compensation coverage must be
maintained in accordance with current statutory requirements;
2. Employer's Liability Insurance. Employer's liability coverage shall having a
minimum limit of liability of$100,000 per occurrence,$100,000 by disease,and
$500,000 aggregate by disease;
3. Liability Insurance.Commercial general liability insurance and automobile liability
shall have a minimum combined single limit of liability of$1,000,000 for personal
bodily injury,including,without limitation,death,and property damage.
4. Excess Coverage. Umbrella or excess liability coverage in the amount of
$5,000,000 shall be maintained.
B. Notwithstanding the minimum limits of coverage stated in subsection A above,the limits
of each underlying insurance coverage must be at least as high as is necessary to support
the excess liability insurance coverage.
6.02 Environmental Impairment Insurance
The Contractor shall procure environmental impairment insurance upon Contract award and
shall maintain such insurance in full force and effect at all times thereafter during the term of
this Agreement. he environmental impairment insurance shall provide coverage with minimum
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limits of$2,000,000 per occurrence,if an occurrence form is available,or with a "claims made"
form with "tail coverage" extending three(3)years beyond the termination or expiration of this
Agreement. Proof of tail coverage shall be submitted with the Company's invoice for its final
payment. In lieu of tail coverage,the Contractor may submit annually to the SWDD a current
certificate of insurance proving that claims made insurance remains in force throughout the
same three(3)year period. Such insurance shall provide coverage for pollution and
environmental remediation.The form and content of the insurance coverage,as well as the
financial stability of the company issuing the insurance,shall be subject to the prior review and
approval of the SWDD.The SWDD shall be added as a named insured on the insurance policy.
6.03 Proof of Insurance
The Contractor shall furnish the SWDD a certificate of insurance in a form acceptable to the
SWDD for the insurance required.Such certificate or an endorsement provided by the
Contractor must state that the SWDD will be given thirty(30)calendar days written notice prior
to cancellation or material change in coverage.Copies of an endorsement-naming SWDD as
Additional Name Insured must accompany the Certificate of Insurance.
ARTICLE 7-INDEMNIFICATION
7.01 Contractor shall indemnify and hold harmless the Owner, and its officers and employees, from
liabilities,damages,losses and costs,including,but not limited to,reasonable attorney's fees,to the
extent caused by the negligence,recklessness,or intentional wrongful misconduct of the Contractor
and persons employed or utilized by the Contractor in the performance of the Work.
ARTICLE 8-CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents as specified in Article 8 and
the other related data identified in the Invitation to Bid documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general,local,and
Site conditions that may affect cost,progress,and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal,state,and local laws and regulations that
may affect cost,progress,and performance of the Work.
D. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface,subsurface,and underground utilities) at or contiguous to the Site
which may affect cost, progress, or performance of the Work or which relate to any aspect of the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor,including applying the specific means,methods,techniques,sequences,and procedures
of construction,if any,expressly required by the Contract Documents to be employed by Contractor,
and safety precautions and programs incident thereto.
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E. Contractor does not consider that any further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price, within the
Contract Times,and in accordance with the other terms and conditions of the Contract Documents.
F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site
that relates to the Work as indicated in the Contract Documents.
G. Contractor has correlated the information known to Contractor, information and observations
obtained from visits to the Site, reports and drawings identified in the Contract Documents,and all
additional examinations, investigations, explorations, tests, studies, and data with the Contract
Documents.
H. Contractor has given Owner written notice of all conflicts,errors,ambiguities,or discrepancies that
Contractor has discovered in the Contract Documents,and the written resolution thereof by Owner
is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms
and conditions for performance and furnishing of the Work.
ARTICLE 9-CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
(1) This Agreement
(2) Notice of Award
(3) Payment and Performance Bonds
(4) Certificate(s)of Insurance
(5) Invitation to Bid 2017028
(6) Addenda (numbers 1to 2 inclusive)
(7) Contractor's Bid Form
(8) Bid Bond
(9) Bidders Questionnaire
(10) Drug Free Workplace Form
(11) Affidavit of Compliance
(12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of
Relationships
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(13) The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
1. Written Amendments;
2. Approved Rate Adjustments
ARTICLE 10-MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid.
I
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may not
be assigned without such consent (except to the extent that the effect of this restriction may be
limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or responsibility
under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners,successors, assigns,and legal representatives
to the other party hereto, its partners, successors, assigns, and legal representatives in respect to
all covenants,agreements,and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law
or Regulation shall be deemed stricken,and all remaining provisions shall continue to be valid and
binding upon Owner and Contractor,who agree that the Contract Documents shall be reformed to
replace such stricken provision or part thereof with a valid and enforceable provision that comes as
close as possible to expressing the intention of the stricken provision.
10.05 Venue
A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought
by either party against the other party or otherwise arising out of this Agreement shall be in Indian
River County,Florida,or,in the event of a federal jurisdiction,in the United States District Court for
the Southern District of Florida.
10.06 Public Records Compliance
A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor
shall comply with Florida's Public Records Law. Specifically,the Contractor shall:
(1) Keep and maintain public records required by the County to perform the service.
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(2) Upon request from the County's Custodian of Public Records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract,transfer, at no cost,to the County all public records in
possession of the Contractor or keep and maintain public records required by the County
to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract,the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If
the contractor keeps and maintains public records upon completion of the contract,the
Contractor shall meet all applicable requirements for retaining public records.All records
stored electronically must be provided to the County, upon request from the Custodian
of Public Records,in a format that is compatible with the information technology systems
of the County.
B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
(772)226-1424
publicrecords@ircgov.com
Indian River County Office of the County Attorney
180127'Street
Vero Beach, FL 32960
C. Failure of the Contractor to comply with these requirements shall be a material breach of this
Agreement.
ARTICLE 11—FEDERAL CLAUSES
11.01 Owner and Contractor will adhere to the following,as applicable to this work
A. Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708). In compliance with 40 U.S.C.
3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5). Under 40
U.S.C. 3702 of the Act, Contractor must be required to compute the wages of every mechanic and
laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week
is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. No laborer or
mechanic must be required to work in surroundings or under working conditions which are
unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or
materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
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Compliance with the Contract Work Hours and Safety Standards Act:
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of laborers or mechanics shall
require or permit any such laborer or mechanic in any workweek in which he or she is employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic
receives compensation at a rate not less than one and one-half times the basic rate of pay for all
hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the
clause set forth in paragraph (1)of this section the Contractor and any subcontractor responsible
therefor shall be liable for the unpaid wages. In addition, Contractor and any subcontractor shall
be liable to the United States(in the case of work done under contract for the District of Columbia
or a territory, to such District or to such territory), for liquidated damages. Such liquidated
damages shall be computed with respect to each individual laborer or mechanic, including
watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this
section, in the sum of $10 for each calendar day on which such individual was required or
permitted to work in excess of the standard workweek of forty hours without payment of the
overtime wages required by the clause set forth in paragraph (1)of this section.
(3) Withholding for unpaid wages and liquidated damages. Any Federal agency may provide
funding under this agreement shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the contractor or subcontractor under any such
contract or any other Federal contract with the same prime contractor, or any other federally-
assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2)of this section.
(4)Subcontracts.The Contractor or subcontractor shall insert in any subcontracts the clauses set
forth in paragraph(1)through(4)of this section and also a clause requiring the subcontractors to
include these clauses in any lower tier subcontracts.The prime contractor shall be responsible for
compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs(1)through (4)of this section.
B. Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-
1387), as amended—Contractor shall comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q)and the Federal Water Pollution Control
Act as amended(33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency
and the Regional Office of the Environmental Protection Agency(EPA).
Clean Air Act:
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act,as amended,42 U.S.C. §7401 et seq.
(2)The contractor agrees to report each violation to the SWDD and understands and agrees that
the SWDD will,in turn,report each violation as required to assure notification to any appropriate
recipient, Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
(3)The contractor agrees to include these requirements in each subcontract exceeding$100,000
financed in whole or in part with Federal assistance provided by FEMA.
Federal Water Pollution Control Act:
(1) The contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Federal Water Pollution Control Act,as amended,33 U.S.C. 1251 et seq.
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s ,
(2)The contractor agrees to report each violation to the SWDD and understands and agrees that
the SWDD will, in turn, report each violation as required to assure notification to the (name of
recipient), Federal Emergency Management Agency, and the appropriate Environmental
Protection Agency Regional Office.
(3)The contractor agrees to include these requirements in each subcontract exceeding$100,000
financed in whole or in part with Federal assistance provided by FEMA.
C. Energy Policy and Conservation Act—The Contractor agrees to comply with mandatory standards
and policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
D. Debarment and Suspension—(Executive Orders 12549 and 12689)
Consistent with 2 CFR 180.220, the Contractor shall not be listed on the government-wide
exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines
at 2 CFR 180 that implement Executive Orders 12549(3 CFR part 1986 Comp.,p. 189)and 12689
(3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties
declared ineligible under statutory or regulatory authority other than Executive Order 12549.
Debarment and Suspension
(1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.3000.As
such the contractor is required to verify that none of the contractor, its principals (defined at 2
C.F.R. § 180.995),or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.
§ 180.940) or disqualified (defined at 2 C.F.R.§ 180.935).
(2) The contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C
and must include a requirement to comply with these regulations in any lower tier covered
transaction it enters into.
(3)This certification is a material representation of fact relied upon by Indian River County. If it is
later determined that the contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R.
pt.3000,subpart C,in addition to remedies available to(name of state agency serving as recipient
and Indian River County),the Federal Government may pursue available remedies, including but
not limited to suspension and/or debarment.
(4)The bidder agrees to comply with the requirements of 2 C.F.R. pt. 180,subpart C and 2 C.F.R.
pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may
arise from this offer.The bidder or proposer further agrees to include a provision requiring such
compliance in its lower tier covered transactions.
E. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352)
The Contractor shall file the required certification per 31 U.S.C. 1352. The Contractor certifies
that it shall not and has not used Federal appropriated funds to pay any person or organization
for influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C.
1352.The Contractor shall also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures shall be forwarded from tier to
tier up to the non-Federal award.
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F. §200.322 Procurement of recovered materials.
To the extent applicable, the Contractor shall comply with section 6002 of the Solid Waste
Disposal Act,as amended by the Resource Conservation and Recovery Act.The requirements of
Section 6002 include procuring only items designated in guidelines of the Environmental
Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered
materials practicable,consistent with maintaining a satisfactory level of competition,where the
purchase price of the item exceeds $10,000 or the value of the quantity acquired during the
preceding fiscal year exceeded$10,000;procuring solid waste management services in a manner
that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
G. Access to Records:The following access to records requirements apply to this contract:
(1) The contractor agrees to provide SWDD Indian River County, the FEMA Administrator, the
Comptroller General of the United States, or any of their authorized representatives' access to
any books,documents, papers, and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits,examinations,excerpts,and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means
whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3)The contractor agrees to provide the FEMA Administrator or his authorized representatives'
access to construction or other work sites pertaining to the work being completed under the
contract.
H. DHS Seal, Logo,and Flags:The contractor shall not use the DHS seal(s),logos,crests,or
reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval.
I. Compliance with Federal Law, Regulations,and Executive Orders: It is possible that FEMA financial
assistance may be used to fund part of the contract. The contractor will comply will all applicable
federal law,regulations,executive orders, FEMA policies,procedures,and directives.
J. No Obligation by Federal Government:The Federal Government is not a party to this contract and is
not subject to any obligations or liabilities to the non-Federal entity,contractor,or any other party
pertaining to any matter resulting from the contract.
K. Program Fraud and False or Fraudulent Statements or Related Acts:The contractor acknowledges
that 31 U.S.C.Chap. 38(Administrative Remedies for False Claims and Statements) may apply to the
contractor's actions pertaining to this contract.
L. Energy Policy and Conservation Act—The Contractor agrees to comply with mandatory standards
and policies relating to energy efficiency which are contained in the state energy conservation plan
issued in compliance with the Energy Policy and Conservation Act.
M. AFFIRMATIVE STEPS:Contractor shall take the following affirmative steps to ensure minority
business,women's business enterprises and labor surplus area firms are used when possible:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists.
(2) Ensuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources.
Page 11
. S
(3) Dividing total requirements,when economically feasible, into smaller tasks or quantities
to permit maximum participation by small and minority businesses, and women's business
enterprises.
(4) Establishing delivery schedules, where the requirement permits, which encourage
participation by small and minority businesses, and women's business enterprises.
(5) Using the services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
ARTICLE 12-TERMINATION OF CONTRACT
A. The occurrence of any of the following shall constitute a default by Contractor and shall provide
the Owner with a right to terminate this Contract in accordance with this Article, in addition to
pursuing any other remedies which the Owner may have under this Contract or under law:
(1) If in the Owner's opinion Contractor is improperly performing work or violating any
provision(s) of the Contract Documents;
(2) If Contractor neglects or refuses to correct defective work or replace defective parts or
equipment,as directed by the Engineer pursuant to an inspection;
(3) If in the Owner's opinion Contractor's work is being unnecessarily delayed and will not
be finished within the prescribed time;
(4) If Contractor assigns this Contract or any money accruing thereon or approved thereon;
or
(5) If Contractor abandons the work, is adjudged bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a trustee or receiver is appointed for
Contractor or for any of his property.
B. Owner shall, before terminating the Contract for any of the foregoing reasons,notify Contractor
in writing of the grounds for termination and provide Contractor with ten (10) calendar days to
cure the default to the reasonable satisfaction of the Owner.
C. If the Contractor fails to correct or cure within the time provided in the preceding Sub-Article B,
Owner may terminate this Contract by notifying Contractor in writing. Upon receiving such
notification,Contractor shall immediately cease all work hereunder and shall forfeit any further
right to possess or occupy the site or any materials thereon; provided, however,that the Owner
may authorize Contractor to restore any work sites.
D. The Contractor shall be liable for:
(1) Any new cost incurred by the Owner in soliciting bids or proposals for and letting a new
contract;and
(2) The difference between the cost of completing the new contract and the cost of
completing this Contract;
(3) Any court costs and attorney's fees associated with any lawsuit undertaken by Owner
to enforce its rights herein.
E. TERMINATION FOR CONVENIENCE: Owner may at any time and for any reason terminate
Contractor's services and work for Owner's convenience. Upon receipt of notice of such
termination Contractor shall, unless the notice directs otherwise, immediately discontinue the
work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies
Page 12
in connection with the performance of this Contract. Upon such termination Contractor shall be
entitled to payment only as follows:
(1) The actual cost of the work completed in conformity with this Contract and the
specifications;plus,
(2) Such other costs actually incurred by Contractor as are permitted by the prime contract
and approved by the Owner.
Contractor shall not be entitled to any other claim for compensation or damages against the
County in the event of such termination.
Page 13
1 �
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart
each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed
or identified by Owner and Contractor or on their behalf.
This Agreement will be effective on 4016 L 20]a(the date the Agreement is approved by the
Indian River County Solid Waste Disposal District,which is the Effective Date of the Agreement).
Owner: Contractor:
INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT Russell Payne.Inc.d/b/a Mr. Mulch,Inc.
By: �ae By: fL14t3-1
,Ieph E.Flescher,Chairman Name: Rus I
Title: President
___. March 7, 2017
(CORPORATE SEAL)
APPROV
tty�
By: `
Jason E. row ,County Administrator Address for giving notices:
1765 Commerce Avenue
APPROVED O FORM AND LEGAL S CIENCY: Vero Beach, FL 32960
By:
Dy eingold,County Attorney
ATTEST:
Designated Representative:
Jeffrey R.Smith,Clerk of Court and Comptroller Name: Russell Payne
Title: President
Address: 1765 Commerce Avenue
Attest: $�i� M• Vero Beach, FL 32960
Deputy Clerk ..`�t�. �F9s:, Phone:772-778-2652
Email: RussellI@Russeillpayne.com
o a (If Contractor is a corporation or a partnership,attach
oma: evidence of authority to sign.)
•.,�ERC�
Page 14
SWDD Agreement with Mr. Mulch for Yard Waste Processing and Disposal Services
EXHIBIT A—CALCULATION OF RATE ADJUSTMENT
One Hundred Percent(100%)of the rate adjustment shall be based on seventy-five percent(75%)of the change
in the Consumer Price Index(CPI) between the month of April in the prior year(CP11)and the month of April in
the current year(CP12). The CPI shall be the South Urban Region,All Items—All Urban Wage Earners and
Clerical Workers,published by the United States Department of Labor, Department of Labor Statistics(Series ID
=CWUR0300SA0)
If the designated index is discounted or substantially altered,SWDD may select another relevant price index
published by the United States Government or by a reputable publisher of financial and economic indices.
The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not
exceed three percent(3.0%)of the previous rate.
FORMULA FOR CALCULATING ANNUAL RATE ADJUSTMENT
Annual Adjustment(as a Percentage)AA=(((CP12-CP11)/CP11) *0.75));
New Rate=Round ((Current Rate+AA*Current Rate), 2)
Where:
"CP11" = published CPI average for the month of April of the prior year
"CP12" =published CPI average for the month of April of the current year
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT INCREASE
Assumptions: Current Rate=$10.00 CP11=226.618
CP12=227.955
Annual Rate Adjustment= ((227.955-226.618)/226.618) *0.75)=0.44%
Annual Rate Adjustment of 0.44%is less than 3.0%, the maximum allowed.
New Rate=ROUND ($10.00* (1+0.0044), 2)=$10.04
SAMPLE CALCULATION OF ANNUAL RATE ADJUSTMENT DECREASE
Assumptions: Current Rate=$10.00 CP11=226.618
CP12=225.618
Annual Rate Adjustment= ((225.618-226.618)/226.618) *0.75)=-0.33%
New Rate=ROUND($10.00 * (1+(-0.0033),2) =$9.97
Annual Rate Adjustment is subject to the approval of the County Administrator or his designee.
Page 15
� 4 I
SWDD Agreement with Mr.Mulch for Yard Waste Processing and Disposal Services
EXHIBIT B—YARD WASTE PROCESSING SITE
"s. n
Yard Waste
' .>.
Processing Area �
Indian River County
Landfill
k
�". 11'-
Page 16
Detail by Entity Name Page I of 2
Florida Department of State DIVISION OF CORPORATIONS
�>O— r- 9
rc I
Department of State Division of Corporations Search Records Detail By DOCUrrient Number
Detail by Entity Name
Florida Profit Corporation
RUSSELL PAYNE, INC
Filing Information
Document Number P97000099334
FEI/EIN Number 59-3481506
Date Filed 11/21/1997
State Fl-
Status ACTIVE
Last Event NAME CHANGE AMENDMENT
Event Date Filed 01/24/2000
Event Effective Date NONE
Principal Address
1765 COMMERCE AVENUE
VERO BEACH, FL 32960
Mailing Address
1765 COMMERCE AVENUE
VERO BEACH, FL 32960
:Registered Agent Name&Address
PAYNE, RUSSEILL
1765 COMMERCE AVENUE
VERO BEACH, FL 32960
Off icer/Director Detail
Name&Address
Title D
'PAYNE, RUSSELL
1765 COMMERCE AVENUE
VERO BEACH, FL 32960
Annual Reports
Report Year Filed Date
2015 01/27/2015
2016 01/25/2016
2017 01/10/2017
Document Images
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 2/28/2017