HomeMy WebLinkAbout2025-085CONTRACT AGREEMENT FOR THE OPERATIONS AND MAINTENANCE
OF CUSTOMER CONVENIENCE CENTERS (CCCS) IN INDIAN RIVER
COUNTY
Between
Indian River County Solid Waste Disposal District
(SWDD)
And
Republic Services of Florida, Limited Partnership
(Republic Services)
ACTIVE: 38438749.1
Table of Contents
Article 1. General Scope of Contractor's Services....................................................... 1
Article 2. Definitions.......................................................................................... 2
Article 3. Term................................................................................................. 2
Article 4. Obligations of SWDD............................................................................. 2
Article 5. Customer Convenience Centers (CCCs) Operations and Maintenance .................. 2
Article 6. Personnel.......................................................................................... it
Article 8. Office and Facilities............................................................................. 14
Article 9. Inspections, Recordkeeping and Reporting ................................................ 14
Article 10. Compensation.................................................................................. 16
Article 11. Ownership of Materials..................................................................... 16
Article 12. Performance.................................................................................... 16
Article 13. Emergency Services...........................................................................20
Article 14. Change to Service, Law, or Regulation..................................................... 21
Article 15. Insurance........................................................................................ 21
Article 16. Complaints and Disputes..................................................................... 23
Article 17. Termination.................................................................................... 24
Article 18. Other Terms and Conditions................................................................ 26
Exhibit 1. Definitions....................................................................................... 32
Exhibit 2. Rates.............................................................................................. 35
Exhibit 3. Calculation of Rate Adjustment..............................................................36
ACTIVE: 38438749.1
CONTRACT AGREEMENT
OPERATIONS AND MAINTENANCE OF THE INDIAN RIVER COUNTY CUSTOMER CONVENIENCE
CENTERS (CCCs)
This Contract Agreement ("Agreement") is entered into this -8111 of April, 2025 ("Effective
Date") by and between INDIAN RIVER COUNTY SOLID WASTE DISPOSAL DISTRICT a dependent special
district of Indian River County, Florida, whose address is c/o Department of Utility Services, 1801 27"
Street, Vero Beach, Florida 32960 (hereinafter referred to as the "District" or "SWDD"), and Republic
Services of Florida, Limited Partnership whose address is 3905 Oslo Road, Vero Beach, FL 32968,
(hereinafter referred to as the "Contractor"), for the services set forth herein.
WITNESSETH:
WHEREAS, the County through its Solid Waste Disposal District, hereinafter referred to as the SWDD, is
responsible for the Operations of the Customer Convenience Centers (CCCs) in the County; and
WHEREAS, on April 8, 2025, the SWDD Board awarded Bid No. 2025029 to Republic Services of Florida,
Limited Partnership as the lowest, responsive, responsible bidder for the Operation and Maintenance of
the Indian River County Customer Convenience Centers; and; and
WHEREAS, the Chairman of the Board of County Commissioners is the Chairman of the SWDD Board of
Commissioners and is the duly -authorized designee of the Board to act as signatory of this instrument on
behalf of the SWDD and is responsible for all contractual changes and modifications hereto; and
WHEREAS, the Managing Director of the SWDD as designee of the Board shall serve as the SWDD's
Contract administrator for this contract and shall approve all services rendered hereunder;
NOW, THEREFORE, in consideration of these premises, and other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally
bound, covenant and agree to as follows:
Article 1. General Scope of Contractor's Services
This Agreement establishes the terms and conditions under which the Contractor shall perform the
services required herein for the proper operation, maintenance, and service of the Customer Convenience
Centers (CCC), the Contractor shall: (a) operate the CCCs; (b) maintain the CCCs, and associated
equipment; (c) transport acceptable waste and recyclables from the CCCs to permitted disposal or
recycling facilities; and (d) provide other services as required. Except as otherwise provided herein, the
Contractor shall at its own expense provide all labor, services, supervision, materials, utilities, and
equipment (stationary or mobile) necessary to accomplish these tasks throughout the Term. It is the sole
responsibility of the Contractor to perform the necessary activities under this Agreement in accordance
with the requirements of this Agreement, the Permits, and Applicable Law.
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Article 2. Definitions
Definitions of words and phrases are as stated in Exhibit 1. To the extent that any definition contained
herein conflicts with any similar definition contained in any federal, state, or local law, the definition
herein shall prevail for the purposes of this Agreement. However, nothing contained herein shall be
interpreted to require Contractor to undertake any conduct that is prohibited by Applicable Law. If a word
is not defined herein, the definition of such word or phrase as contained in the Code of Ordinances of
Indian River County, Florida shall apply.
Article 3. Term
2.1 Effective and Commencement Dates
The Effective Date is the date the Agreement has been fully executed by both SWDD and
Contractor. The Commencement Date shall be October 1, 2025, the date services pursuant to
this Agreement shall commence.
2.2 Initial Term
The term of this Agreement shall be for a period of ten (10) years beginning at 12:00 a.m. on the
Commencement Date, October 1, 2025, and terminating at 11:59 p.m. on September 30, 2035.
2.3 Renewal Option
At mutual agreement, between SWDD and Contractor, this Contract may be renewed for one (1)
additional term often (10) years under the same terms and conditions as the initial term, including
amendments. The Contractor and SWDD shall mutually notify the other party no later than
September 30, 2033, of its intent to renew or not to renew the Agreement. If renewed, per a
written and executed extension agreement, the additional ten (10) year term will begin on
October 1, 2035, and terminate on September 30, 2045.
Article 4. Obligations of SWDD
3.1 SWDD shall do all things necessary to properly administer the terms and conditions of this
Contract, including but not limited to:
a) Examination of all products and services delivered or supplied by Contractor for
conformance with the terms of this Contract; and
b) Periodic reviews of the work of the Contractor as necessary for the completion of the
Contractor's services during the period of this Contract; and
c) Review of all Contractor documents and payment requests for approval or rejection.
3.2 SWDD shall not provide any services to the Contractor in connection with any claim brought on
behalf of or against the Contractor.
Article 5. Customer Convenience Centers (CCCs) Operations and Maintenance
5.1 Customer Convenience Centers
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Contractor shall provide services stipulated herein at the following locations and hours of
operations:
Name
Address
Hours of Operations
Open Daily
395565 th Street
7:00 am to 6:00 pm
Winter Beach CCC
Vero Beach, FL 32967
(Closed Tuesday &Wednesday)
Open Daily
7850 130th Street
7:00 am to 6:00 pm
Roseland CCC
Roseland, FL 32958
(Closed Tuesday &Wednesday)
Open Daily
490141st Street
7:00 am to 6:00 pm
Gifford CCC
Vero Beach, FL 32967
(Closed Tuesday &Wednesday)
Open Daily
950 1st Place
7:00 am to 6:00 pm
Oslo CCC
Vero Beach, FL 32962
(Closed Wednesday &Thursday)
12510 County Road
Open Daily
512
7:00 am to 6:00 pm
Fel►smere CCC
Fellsmere, FL 32948
(Closed Wednesday & Thursday)
5.1.1 All CCCs are closed on the following five holidays: New Year's Day, Independence Day,
Labor Day, Thanksgiving Day, and Christmas Day.
5.1.2 Changes in Hours of Operations
At the request of SWDD, the Contractor shall provide additional operational days and/or extended
hours at the CCCs in response to holidays, special events, and natural disasters. For all holidays
and special event hour changes, SWDD shall provide no less than sixty (60) Days written notice of
its request. Modifications related to natural disasters will be relayed to Contractor from SWDD
during preparations for any anticipated event or immediately upon need for unanticipated events.
5.2 Operations, Maintenance, and Management Services
5.2.1 Contractor shall be responsible for the professional operation, maintenance, and
management of five (5) CCCs throughout the County. The purpose of the CCC is to provide
a location for residential drop-off of household items for proper handling, processing,
and/or disposal. Contractor shall be responsible for ensuring all items received at the CCCs
are acceptable household generated items within the Solid Waste Management system of
SWDD as identified in Article 5.3 Accepted and Non -Accepted Materials.
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5.2.2 Contractor shall be responsible for acquiring and paying for all utilities and support systems
utilized at the CCCs. This shall include telephone, internet, potable water, electricity,
stormwater drainage, wastewater collection, conveyance and treatment, portable toilets,
handwashing stations, and any additional sheds or outbuildings beyond those assets
supplied by SWDD at the Commencement Date.
5.2.3 Contractor shall be responsible for all activities, actions, and requirements associated with
the proper operation and maintenance of CCCs in the State of Florida unless specifically
excluded herein.
5.2.4 Addressing all public complaints and inquiries (collectively termed "complaints") about the
Contractor's operations under this Agreement shall be the sole responsibility of the
Contractor. The Contractor shall respond to all complaints as soon as possible, and in
accordance with Article 16 Complaints and Disputes.
5.3 Accepted and Non -Accepted Materials
5.3.1 Accepted Materials: All CCCs shall accept and segregate the following Residential materials:
Solid Waste, Yard Waste, Mixed Recyclables, Cardboard, White Styrofoam, Loose -Plastic
Film, Vape Pens, Passenger and Light Truck Tires, Scrap Metal, White Goods, Electronics,
Sharps, and Household Hazardous Waste (HHW). CCCs shall also accept limited Commercial
Recyclables (Mixed Recyclables, Cardboard, Loose -Plastic Film, Vape Pens, White
Styrofoam).
5.3.2 Non -Accepted Materials: Contractor shall reject prohibited waste or materials to include
Hazardous Waste, Radioactive Waste, Biomedical Waste, PCBs, Bulk Liquids, Dead Animals,
Flammable or explosive materials not known in Residential Household Hazardous Waste,
contaminated soils, infection waste, Commercial Solid Waste, Commercial Yard Waste,
Construction and Demolition Debris, out of County waste, asbestos, and other materials not
identified in Article 5.3.1.
5.3.3 SWDD retains the right to modify accepted and non -accepted materials during the term of
this Contract for the purposes of increasing diversion and furthering County waste
reduction goals. Where applicable, any modification shall follow provisions outlined in
Article 14. Change to Service, Law, or Regulations.
5.4 Operational Procedures and Personnel Requirements
5.4.1 Contractor shall provide competent and properly trained personnel sufficient to provide for
the operation and maintenance of each CCC. These services include the screening,
inspection, collection, separation, packaging, and the transport of materials collected or
received to the County's Designated Facility. The Contractor shall provide enough personnel
for the staffing of each CCC that allows for the safe, effective, and efficient operation of the
CCC. At no point during the operational hours of a CCC shall the Contractor allow the staffing
level to drop below three (3) personnel. The Contractor is responsible for providing shelter
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as necessary for these personnel. All CCC employees shall have a minimum of 8 hours of
safety training that includes emphasis on trips, spills, and falls as well as the proper handling
and storage of HHW.
5.4.2 Contractor shall have a designated supervisor on site at each facility during all operational
hours and be trained according to FAC Ch. 62-701 Solid Waste Management Facilities. At a
minimum, all designated supervisors, shall be trained as a Florida Spotter as defined by Rule
62-701 FAC, and hold a current HAZWOPER 40 -hour Certification.
5.4.3 Contractor and its employees shall follow all SWDD rules and regulations pertaining to the
acceptance of materials at the CCCs as identified in Article 5.3 Accepted and Non -Accepted
Materials. This shall include the monitoring and control of incoming materials to ensure
materials dropped at the facility are accepted and are materials from County citizens.
5.4.4 All CCC personnel are required to attend an education training seminar from SWDD
Recycling Team twice per year and any new CCC personnel shall obtain this training within
10 days of being hired. Contractor shall ensure all CCC personnel remain educated on
materials accepted at the CCCs and inform any person seeking to deliver materials that are
not acceptable at the CCCs on the disposal options available at the Landfill and any
associated costs (providing the current rate sheet is an acceptable response). Such
materials may include, but not be limited to, dead animals, commercial Solid Waste,
commercial Yard Waste, Construction and Demolition Debris, out of County wastes and
asbestos (which require a Department of Health certification for disposal at the landfill).
5.4.5 Ensure all CCC operational areas remain clean, free of clutter, and all materials are stored
properly (i.e.: flammable and chemical lockers) prior to the cessation of operations each
day. All on-site containers must be secured and covered at the end of each day to reduce
litter potential, leachate generation and discourage vector and vermin access.
5.4.6 Contractor shall be responsible for the handling and transport of Accepted Materials
collected at CCCs shall ensure proper handling that prevents contamination or issues at the
Designated Facility. This shall include those materials deemed Special Wastes to include but
not be limited to Solid Waste, Yard Waste, Mixed Recyclables, Old Corrugated Cardboard,
White Styrofoam, Automobile Batteries, Loose -Plastic Film, Passenger and Light Truck Tires,
Scrap Metal and White Goods. All Scrap Metal shall be transported to the County Landfill.
Contractor shall not mix segregated material streams during transport without written
authorization from SWDD. The Contractor shall be responsible for handling all other
Accepted Materials at the CCCs; however, they will be collected and transported by third
party vendors.
5.4.7 The Contractor shall not receive any Non -Acceptable Waste at the CCCs. Any Non -
Acceptable Waste deposited or discovered at any CCCs shall be the responsibility of the
Contractor to dispose of lawfully and expeditiously. The Contractor shall bear all costs
associated with the removal, transport, and disposal of the Non -Acceptable Waste
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materials deposited or discovered at CCCs. If Non -Acceptable Waste material is delivered
by the Contractor to the County Landfill, the Contractor shall be assessed the posted fee for
special waste handling, plus any additional cost to manage, remove, and dispose of the
material.
5.4.8 The Contractor shall provide all trucks and containers needed to service the CCCs (provided,
however, that the SWDD shall provide, at SWDD's cost, containers for the storage of HHW
at each CCC). The Contractor shall make arrangements for or have access to additional
trucks and containers, so they do not overflow, and space is continuously available to accept
new materials to ensure that there is no interruption in the operation of the CCCs. The
Contractor shall replace the trucks and containers as necessary to ensure that the
Contractor can provide reliable service under this Agreement. Failure to properly service
containers can result in the application of Administrative Charges per provisions outlined in
Article 12.2.
5.4.9 All the equipment used by the Contractor shall be appropriately designed, maintained, and
operated to contain leachate and solid waste until disposal or recycling is implemented.
The Contractor shall be responsible for the maintenance and replacement of existing
stationary compactors already provided at each site. At the end of the contract, any new
stationary equipment that the Contractor paid for and installed, including new compactors,
shall become SWDD property. Notwithstanding the foregoing or anything to the contrary in
this Agreement, however, if at any time prior to the end of the initial term of this Agreement
SWDD closes any CCC or if SWDD elects to discontinue one or more waste streams at any
CCC, then any equipment (including but not limited to stationary equipment and new
compactors) with respect to the affected CCC that was paid for and (as applicable) installed
by the Contractor shall remain the property of the Contractor and may be moved, sold,
transferred, disposed of or redeployed (including, without limitation, to other CCCs) in the
Contractor's sole discretion. Moreover, in the event of any discontinuation of one or more
waste stream(s) at one CCC at any time (whether during the initial term or any renewal term
or extension), such waste stream(s) shall also be discontinued at each of the other CCCs.
Notwithstanding the foregoing, in the event of any material change to the services provided
by the Contractor at a CCC, the SWDD and the Contractor shall in good faith negotiate and
mutually agree upon adjusted pricing or such other mechanism as will adequately
compensate the Contractor for the effects of such change..
5.4.10 Each truck used by the Contractor or Subcontractor to transport SWDD's Acceptable Waste
shall bear the name and phone number of the transport company and truck identification
number in letters that are plainly visible and on both sides of the vehicle. The truck
identification number shall also be plainly visible from the rear. The transport company's
signs on the truck shall be subject to SWDD Director's prior written approval.
5.4.11 The Contractor shall use only legal truck routes.
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5.4.12 If the Contractor's activities under this Agreement result in a spill or emergency on the
highway or at any CCCs, the Contractor shall implement its emergency plan. The
Contractor shall promptly notify appropriate authorities, as required by law. The
Contractor shall promptly initiate and complete clean-up activities, if necessary. The
Contractor shall notify SWDD Director verbally within twelve (12) hours and shall provide
a written report to the Director within twenty-four (24) hours concerning the cause of the
spill or emergency, the clean-up activities that were implemented, and the status of the
situation.
5.4.13 Contractor shall provide and maintain permanent signage for each CCC that clearly
demonstrates traffic flow, speed limits, locations for each Accepted Material, and other
applicable safety signs, as required. Signs at the gate of each CCC will be displayed
prominently to include: one (1) sign with the name of the CCC, days and hours of
operation, and point of contact information; one (1) sign with a list of Accepted Materials;
and one (1) sign with a list of Non -Accepted Materials. All signage must be permanent in
nature and readable. Contractor shall submit all new signage for SWDD approval prior to
installation. SWDD reserves the right to provide additional signage, as needed.
5.4.14 At the end of the Agreement or at Termination, the Contractor will leave all CCCs in good
repair and similar condition to when they started operating, except for normal wear and
tear. Any costs for damage or disrepair left by the Contractor will be subtracted from the
Contractor's final payment.
5.4.15 In the event that this Agreement is terminated before the end of any Term, the Contractor
shall continue operations for an interim period of up to one hundred and eighty (180)
calendar days if requested to do so by the County in order to allow the County to obtain
the services of a successor contractor or to make arrangements to transport and dispose
of the County's Acceptable Waste and Recyclables with its own forces. The Contractor
shall be paid for its services during said interim period at the rates in effect prior to
issuance of the Notice of termination. Any additional services will be paid for at an agreed-
upon rate.
5.5 Ongoing Maintenance
At Contractor's sole expense, Contractor shall maintain, upkeep, and repair the following at each
CCC over the term of the Contract:
a) All roads located on the CCC parcel property shall be maintained by the Contractor to include
potholes, shoulder reconstruction and edge repair. Painting or striping of access roads shall
be conducted annually at a minimum or as frequently as needed to ensure safety and efficient
performance of services required herein. All roadways and parking areas shall also remain
free from litter and waste spillage.
b) Loading and staging areas for all equipment shall be maintained and repaired on an as needed
basis and shall remain in litter and spillage free condition.
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c) Walls, rails, signage, and concrete areas shall be maintained on an as -needed basis
throughout the term of the Contract to ensure no safety hazards and proper performance of
the CCC. These areas shall also be kept clean and tidy.
d) SWDD permanent assets (or any future assets) located on the CCC property, such as but not
limited to, buildings, bathrooms (if applicable), attendant sheds and Carolina Carports (if
applicable) shall be maintained throughout the term of the Contract to ensure the asset
remains in the "as is" condition Contractor assumed at Commencement Date. This
maintenance may include but not be limited to surface cleaning and/or painting, litter and
spillage cleanup, and general tidiness.
e) Access roads within one quarter mile of each CCC shall be kept litter and spillage free. Litter
along access roads shall be collected no less than once per week. If applicable, Contractor
shall implement litter control measures to include the use of enclosed containers, ensuring
closure of container lids and covers at the close of each operational day, temporary netting
or fencing to prevent wind-blown litter at and around the CCC.
f) Mowing, edging, and trimming of grassed areas and fence lines shall be conducted at a
minimum once per week, or as required to maintain a neat and clean appearance with no
grassed areas exceeding five (5) inches in length at any given time. All fences shall be kept
free of vegetation. Shrubs or trees will be trimmed or removed, as necessary. A minimum
clearance of 10 feet shall be maintained on both sides of the fence (as applicable).
5.6 Equipment
5.6.1 Contractor shall provide and maintain all equipment necessary to operate each CCC. The
Contractor shall provide all new containers at each of the CCCs (roll -off, walking floor
trailers, compactor(s), enclosed roll -off for recyclables, etc.). The Contractor is to provide
new waste oil containers with spill catchment and overhead enclosures at each of the CCCs.
Related to compactors, the Contractor shall replace the four existing compactors at the Oslo
CCC and add one additional compactor for OCC. In addition, the Contractor shall provide a
pad, power and an OCC compactor at each of the other four CCCs. Notwithstanding the
foregoing or anything to the contrary in this Agreement, SWDD shall provide, at SWDD's
cost, containers for the storage of HHW at each CCC.
5.6.2 Within thirty (30) Days of Effective Date, Contractor shall submit an Equipment Plan detailing
the primary pieces of transport and collection equipment to be utilized at each CCC. This
shall include the types and quantities of each container and/or trailer to be utilized at each
CCC, yellow iron, as well as any transport fleet. The Equipment Plan shall provide a minimum
of the types and quantities of equipment submitted with the Contractor's ITB Proposal.
Transport fleet not permanently assigned to a specific CCC must be identified within the
Equipment Plan as rotational equipment. SWDD retains the right to approve the Equipment
Plan to ensure minimum types and quantities proposed will be utilized at Commencement
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Date. Should SWDD not approve any part of the Equipment Plan, Contractor shall provide
a revised Equipment Plan within five (5) business Days of notification.
5.6.3 Changes to the Equipment Plan, other than routine replacement, must be approved in
writing by SWDD prior to implementation.
5.6.4 Contractor shall keep all equipment in good repair, appearance, and in sanitary, leak -proof,
clean, and odor -free condition throughout the term of this Contract. All roll -off containers,
compactors, and trailers must always be maintained in a road -worthy condition.
5.6.5 Maintenance and cleaning activities on equipment beyond those considered as a minor
repair shall not be performed at any CCCs. Contractor shall relocate equipment to its facility
for proper maintenance or cleaning.
5.6.6 Damaged, broken, and unsuitable equipment shall not be used or stored at any CCC or any
other SWDD or County property without prior written approval. The Contractor shall
remove such equipment within 7 business Days upon notification from SWDD.
5.6.7 Contractor shall use all equipment as designed and within the equipment design capacity.
To minimize spillage, no container shall be loaded to exceed its design capacity and the
transport regulations of the Department of Transportation. Where applicable, all
equipment shall be registered with the applicable State of Florida Agencies and shall comply
with requirements concerning the display of registration numbers.
5.6.8 Contractor may utilize SWDD assets located at any CCC. However, Contractor shall be
responsible (at Contractor's sole expense) for the operation, maintenance, and
replacement of SWDD assets that are worn or damaged during the term of the Contract.
Contractor assumes responsibility of SWDD assets in an "as is" condition provided at
Commencement Date. Should Contractor determine the need for any additional asset or
"fixed" asset, Contractor must obtain approval in writing by SWDD prior to installation or
construction. Any new fixed asset installed by the Contractor will be at the Contractor's sole
expense and shall remain as SWDD property at the end of this Agreement.
5.6.9 Contractor understands that any capital expenditure that the firm makes, or prepares to
make, to perform the services required by SWDD, is a business risk that the Contractor must
assume. The County will not be obligated to reimburse amortized or unamortized capital
expenditures or to maintain the approved status of any Contractor. If the Contractor has
been unable to recoup its capital expenditures during the time it is rendering such services,
it shall not have any claim upon the County.
5.7 Safety and Security
5.7.1 Contractor shall provide security for each CCC to ensure unauthorized access is deterred
and prevented. This shall include the use of perimeter security fencing and structures with
access gates and buildings properly closed and locked during non -operational hours.
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Contractor may provide security personnel or cameras at each CCC at the Contractor's sole
expense. However, SWDD shall have access to the software and the data at all times.
5.7.2 Contractor shall be responsible for coordinating with the Indian River County Sherriff's
Office, Fire Department, and any other entity that may require after -hour access to a CCC.
At the Oslo CCC, these other entities include but not limited to Florida Power and Light (FPL),
Indian River Farms Water Control District (IRFWCD), and the radio tower personnel. There
are separate locks for each of these entities and the Contractor shall exercise caution to not
remove or cut their locks.
5.7.3 Contractor shall direct and control all traffic entering and leaving each CCC to ensure safety
and an efficient flow for material drop-off.
5.7.4 Contractor shall implement all measures necessary to control nuisances generated at the
CCCs to include odor, noise, dust, and vectors in accordance with applicable laws,
regulations, and requirements.
5.7.5 Contractor shall within thirty (30) Days of Effective Date, submit to SWDD the following
plans for approval. SWDD retains the right to approve required plans. Should SWDD not
approve any part of the plans, Contractor shall submit revisions to the plan within five (5)
business Days of notification. Any change within any plan identified below shall be
submitted to SWDD and approved in writing prior to implementation.
a) Vector and Vermin Control Plan for each CCC. This plan shall define measures to be
taken by Contractor to control vectors at the CCC and an implementation timeline
spanning the Contract term.
b) Odor, Dust, and Noise Control Plan for each CCC. This plan shall define measures to
be taken by Contractor to control odor, dust, and noise at each CCC, and an
implementation timeline spanning the Contract term.
c) Health and Safety Plan for each CCC complying with the Occupational Safety and
Health Act of 1970 (OSHA) and all applicable Federal and State labor laws, regulations,
and standards. Contractor will affirm that any work performed on County property
will be performed in accordance with regulatory agency requirements. The Health
and Safety Plan shall include a timeline for updating to reflect any changes and ensure
safe operational conditions for Contractor employees, CCC visitors, and the public.
Contractor shall deliver an updated plan to SWDD whenever changes occur.
The Health and Safety Plan shall include a written procedure for the immediate
removal to a hospital or doctor's care of any person who may be injured that requires
such care and for notification to SWDD of all safety issues, including accidents and
injuries as soon as practical after an incident has occurred. All injury documentation
shall be made available to SWDD upon request.
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At a minimum, the Contractor shall maintain, replace or upgrade all eye -wash stations
at the CCCs and shall provide a First -Aid kit, a fire extinguisher and a spill response kit
at each of the CCCs.
For the safety of the employees, the Contractor shall provide water, sewer, and
telephone services for the use by the attendant at each of the CCCs.
5.7.6 Contractor shall ensure during all operational hours that at least one employee on duty is
qualified and authorized to supervise and enforce safety compliance. All employees shall
be trained regarding safe operating procedures and provided refresher instruction and
training updates a minimum of quarterly per year. Proof of such training and instruction
shall be provided to SWDD, upon request.
5.7.7 Safety equipment applicable to the work performed and required by regulation or law shall
be provided to all employees at each CCC. All materials required for first aid shall be
provided and maintained by Contractor.
5.8 Permits and Licenses
Contractor shall obtain, at its own expense, all permits and licenses required by Applicable Law
and maintain same in full force and effect. Any revocation of Contractor's licenses or permits
shall be reported to SWDD within three (3) business Days.
5.9 Designated Facilities
Contractor shall transport materials collected at each CCC that are within their scope of services
to the Indian River County Landfill located at 1325 74th Avenue SW, Vero Beach, Florida 32968.
Article 6. Personnel
6.1 General Personnel Provisions
6.1.1 Contractor shall be responsible for providing resources to carry out the work specified
herein. Contractor shall maintain at all times a work force of adequate size and skill to fully
and successfully perform all required services.
6.1.2 Contractor shall have a designated supervisor on site at each facility during all operational
hours. At a minimum, all designated supervisors at CCCs shall hold a current HAZWOPER
40 -hour Certification. All commercial vehicle operators shall maintain a valid Florida State
Commercial Driver's License (CDL).
6.1.3 Contractor shall be responsible for following all laws and regulations in the recruitment and
employment of personnel to fulfill the requirements of this Contract.
6.1.4 Contractor shall develop and implement a background and ongoing drug testing program
for all personnel providing services under this Contract and amendments.
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6.1.5 At no time shall Contractor's personnel or Contractor's subcontractors be considered
employees of SWDD or Indian River County.
6.1.6 All Contractor employees shall be courteous, professional, and refrain from utilizing
derogatory or foul language during operating hours. Due to routine interaction with the
public, all employees will be courteous and refrain from utilizing derogatory or foul
language. The Contractor's employees shall always conduct themselves in a professional
manner. The Contractor shall be responsible for providing proof of Customer Service
Training within last 12 months.
6.1.7 Contractor shall provide a uniform for all employees that, at a minimum, consists of a shirt
identifying Contractor personnel. Personnel shall be required to wear such uniform during
all operational hours for services identified herein. Uniform shall include name tag or other
recognizable means of personnel identification. Such uniform shall be submitted to SWDD
for approval per terms in Article 6.2 Staffing Plan.
6.2 Staffing Plan
6.2.1 Contractor shall provide SWDD a Staffing Plan with an organization chart clearly reflecting
personnel to conduct the management, supervision and operational activities defined
herein. The Staffing Plan shall identify all personnel to be utilized for this Contract, include
all certifications held by said personnel that meet requirements identified herein, and
provide a narrative and example of required uniform to be worn during all operational
hours by personnel. This shall include clearly identifying any subcontractors, subcontractors'
qualifications, the services which they will perform, and how the work relates to required
operational services. The Staffing Plan shall be submitted to SWDD within thirty (30) Days
of Effective Date for approval. SWDD retains the right to ensure the Staffing Plan meets, at
a minimum, the personnel and organization chart structure submitted in the ITB Proposal.
SWDD shall notify Contractor of any modifications required for approval. Contractor shall
have five (5) business Days to perform modifications and resubmit them to SWDD for final
approval. The SWDD shall not unreasonably withhold, condition or delay its approval of the
Staffing Plan.
6.2.2 Contractor shall notify SWDD of any proposed changes to the approved Staffing Plan during
the term of this Contract. No changes to include reduction in personnel, shall be
implemented without written SWDD approval. The SWDD shall not unreasonably withhold,
condition or delay its approval of any changes or updates to the Staffing Plan.
6.2.3 SWDD shall notify Contractor of any reasonable objection that SWDD has to Contractor's
key personnel identified within the Staffing Plan, and Contractor shall reasonably consider
any such objections. The Contractor shall immediately provide notification to SWDD of all
pending changes in key personnel. Replacements for key personnel shall be required to
have similar or more advanced skills and experience as their predecessor. If justification for
replacement of key personnel is not adequate and the assignment is not reasonably
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acceptable to SWDD, Contractor shall be notified by SWDD within five (5) Days of denial of
the replacement and SWDD shall provide justification for not approving the replacement.
The process shall continue until the replacement is acceptable to SWDD and Contractor. If
SWDD fails to object within five (5) calendar days, the replacement shall be deemed
approved. In no event shall SWDD be liable to Contractor or its employees for failing to
approve a person or persons selected by Contractor.
6.3 Supervision and Management
6.3.1 Contractor shall have one person assigned as a Contract Manager whose office or primary
location is in Indian River County. Contract Manager shall be responsible for the supervision
and management of this Contract and all personnel assigned to fulfill services identified
herein. Per terms defined in Article 6.2, SWDD reserves the right to approve replacement
personnel in the key position of Contract Manager.
6.3.2 Contract Manager shall serve as the primary point of contact to SWDD and shall be required
to participate in all meetings and inspections. Should Contract Manager be absent from
duties related to this Contract for more than two (2) consecutive Days, Contractor shall
provide an alternate Contract Manager and notify SWDD.
6.4 Subcontractors
6.4.1 Contractor may utilize subcontractors to fulfill the service requirements herein so long as
subcontractors are not utilized for the actual management of the Contract. All
subcontractors shall report directly to the Contractor. SWDD shall not have any
responsibility for a subcontractor hired by Contractor.
6.4.2 All subcontractors directly involved in providing the services outlined herein shall be subject
to SWDD approval through submittal in the Staffing Plan. Suppliers whose primary function
is the provision of supplies and equipment required in the operation of CCCs and SWMAs
shall not be subject to SWDD approval.
6.4.3 Contractor shall bind each subcontractor to the applicable terms and conditions of the
Contract with a written document that incorporates the Contract into the subcontractor's
agreement. Nothing in the agreement shall create any contractual or other relationship
between SWDD and the subcontractor performing work in connection with this Contract.
SWDD shall have no obligation to pay or ensure the payment of any monies due to the
subcontractor, except as may otherwise be required by law. Contractor shall provide a copy
of the subcontractor's agreement for review to SWDD prior to execution by the Contractor
and subcontractor.
6.4.4 It shall be the Contractor's responsibility to manage and supervise the work of its
subcontractor. If a subcontractor's performance is inadequate and results in non-
compliance or a violation of the services required herein, the Contractor shall be
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responsible for all resulting damages, associated monetary penalties and costs of corrective
measures.
Article 8. Office and Facilities
8.1 Office and Maintenance Facility
Contractor shall maintain an office and fleet yard/maintenance facility located within Indian River
County to house Contract Manager and provide for ease of dispatch for fleet and equipment
necessary to perform services defined herein. No alternate location shall be utilized without prior
SWDD approval.
Article 9. Inspections, Recordkeeping and Reporting
9.1 Inspections
9.1.1 Contract Manager shall attend regularly scheduled monthly inspections at each CCC with a
SWDD representative. These inspections shall cover operational and maintenance services
required by Contractor. Documentation of inspection reports completed by SWDD shall be
submitted to Contractor within three (3) business Days. Contractor shall retain all
completed inspection reports for recordkeeping purposes over the Contract term. SWDD
retains the right to request additional inspections and to perform inspections without
Contract Manager or Contractor representation. Such inspections shall not require notice
to the Contractor. However, Contractor shall receive a copy of the completed inspection
report within three (3) business Days.
9.1.2 All inspections conducted by SWDD shall be documented via a formal checklist developed
by SWDD and shared with Contractor at a minimum of thirty (30) Days prior to
Commencement Date.
9.1.3 All inspections conducted by SWDD do not waive or release Contractor from liability and
full responsibility for conducting all operations in accordance with terms defined herein.
9.1.4 Contractor shall be responsible for addressing all deficiencies identified and documented
during inspections within 5 business Days. Repeat violations or deficiencies not addressed
shall be subject to the performance standards and Administrative Charges defined in Article
12.2.
9.2 Recordkeeping and Reporting
9.2.1 Contractor shall maintain books, records, documents, time, and cost accounts and other
evidence directly related to its performance of services under this Contract. Time records
and cost data shall be maintained in accordance with generally accepted accounting
principles. SWDD retains the right to perform audits of Contractors at SWDD's expense
should SWDD deem necessary.
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9.2.2 Contractor shall maintain the following electronic records/logs in Microsoft Excel or similar
accounting software format approved by SWDD. These records shall be reported to SWDD
prior to the fifteenth (15th) Day of the month on services conducted the prior month.
a) Equipment Maintenance Log— Record of all maintenance activities performed during
the reporting month.
b) Transport Log — Quantity and type of materials collected and/or delivered to the
Designated Facility, identified by CCC during the reporting month.
c) Customer Log — Based on the Driver's License Software, the Contractor shall provide
a total number of individual customers visiting each CCC with a daily breakdown of
the reporting month. The Contractor shall also provide the total number of out -of -
county customers that were turned away.
d) Personnel Log — Employee names, position/title, and contact information. Personnel
Log shall also include contact information for any subcontractors, or subcontractor
employees, performing services required herein.
9.2.3 Transport of all materials collected to the Landfill or designated facility defined by SWDD,
as well as proper processing/packaging of HHW materials to be collected at the CCCs by a
separate SWDD vendor. The Contractor is responsible for coordinating with SWDD vendor
for the collection and removal of HHW materials. Additionally, all material manifest tickets
signed by the site attendant shall be returned to SWDD office within 2 (two) business Days.
9.2.4 The Contractor shall provide monthly reports to SWDD concerning the Contractor's
performance under this Agreement. At a minimum, the reports shall discuss the key events
that occurred after the last report, plus any key events that are anticipated during the next
month. Each report shall address: (a) any complaints received by the Contractor from the
public or the County (and how the complaints were satisfied); (b) any spills or emergencies;
or (c) accidents or injuries in transit, or at the CCCs. The Contractor will also provide SWDD
with an accident report for any accidents or injuries in transit or at the CCCs within 24 hours
of the incident detailing the time, location, nature of the incident, and all parties involved.
9.3 Operational Plans
9.3.1 Contractor shall be responsible for the development and updating of the following plans
over the Contract term:
a) Operations and Maintenance Plan.
b) CCC Equipment Plan meeting requirements set forth in Article 5.6.
c) CCC Health and Safety Plan meeting requirements set forth in Article 5.7.
d) Contingency and Continuity of Operations Plan meeting requirements set forth in
Article 13.1.
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Article 10. Compensation
10.1 Operating Fee
Operating Fee Rates for the operations, maintenance, and management of the CCCs as defined
herein are provided in Exhibit 2. Rates. Contractor shall not be compensated for work performed
prior to the Commencement Date. These services may include but not be limited to the development
and submittal of plans, pre-operation meetings, ordering equipment and supplies, and the hiring of
personnel.
10.2 Compensation Process
10.2.1 Each month SWDD shall pay to the Contractor the Operating Fee Rate as specified in Exhibit
2. Rates. The Operating Fee Rate shall be the total and complete compensation for the
Contractor's duties, obligations, and responsibilities under this Contract.
10.2.2 Contractor shall submit an invoice to SWDD on or before the fifth (5th) Day of each month for
operations conducted under this Contract during the preceding month, including any
additional services provided.
10.2.3 SWDD shall issue payment to Contractor in accordance with the Florida Prompt Payment Act
upon verification by SWDD staff of the invoice submitted.
10.3 Additional Services
Upon written request by SWDD Managing Director and/or Designee for additional services that are not
within the scope of services pertaining to the O&M of the CCCs, the Contractor shall provide an itemized
proposal for such work for approval. The Contractor is limited to a management fee of no more than 10%
for the duration of the Contract.
10.4 Rate Adjustments
All Rates are subject to adjustments set forth in Exhibit 3. Calculation of Rate Adjustment.
Article 11. Ownership of Materials
11.1 SWDD shall retain ownership of all materials collected and transported to Designated Facilities
for processing or disposal.
11.2 SWDD does not provide any guarantee as to the quantity of materials that will be collected and
transported over the Contract term.
11.3 Per above, the Contractor shall ensure that residents or personnel do not salvage or sell materials
from the CCCs. The Contractor shall call the Sheriff's Office, if needed to enforce this section.
Article 12. Performance
12.1 Performance Bond
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ACTIVE: 38438749.1
Contractor shall furnish a performance bond within thirty (30) days of the Effective Date to
SWDD. Said performance bond shall be equal to fifty (50%) percent of the total annual bid price.
The premium for the performance bond shall be paid by the Contractor and shall be written by
a Surety company licensed to conduct business in the State of Florida with an A.M. Best Financial
Rating of A -VI or higher for the most current calendar year available. The Surety(s) shall be a
company satisfactory to SWDD.
12.1.1 Said bond shall be forfeited should Contractor:
a) Fail to comply with the requirements of this Contract; or
b) Take the benefit of any present or future insolvency status or make a general
assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a
petition or answer seeking an arrangement of reorganization or the readjustment of
indebtedness under the Federal bankruptcy laws or under any 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 Contractor's property; or
c) By an order or decree of a court to be adjudicated bankrupt; or
d) Have an order or decree of a court entered approving a petition filed by any of
Contractor's creditors seeking a reorganization or readjustment of Contractor's
indebtedness under the Federal Bankruptcy laws or any law or statute of the United
States or any state thereof, provided however, that if any such judgment or order is
vacated within sixty (60) Days after the entry thereof, any notice of cancellation shall
be and become null, void, and of no effect.
12.2 Administrative Charges
12.2.1 SWDD shall notify Contractor in writing by the tenth (10) Day of the month of the County's
intent to deduct any Administrative Charges, as set forth in Article 12.2.3, including the
basis for each Administrative Charge, from payments due or to become due to Contractor
for service provided under this Contract. Notwithstanding the foregoing, however, or
anything in this Section 12.2 or this Agreement or otherwise, no Administrative Charges
shall be applicable or assessed, and no deductions shall be made from payments due or to
become due to Contractor, during the period of time beginning on the Commencement
Date and ending on the date that is one hundred eighty (180) days after the
Commencement Date (the "Administrative Charges Exclusion Period"); for the avoidance
of doubt, no Administrative Charges shall be applicable or assessed, and no deductions
shall be made from payments due or to become due to Contractor, at any time if the basis
for such Administrative Charge is an occurrence (including, without limitation, as set forth
in Section 12.2.3) that took place during the Administrative Charges Exclusion Period.
However, any Contractor violation of federal, state, or local authority and any resulting
fines from these agencies shall continue to be applicable during the Administrative Charges
Exclusion Period.
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12.2.2 In the event Contractor wishes to contest such monthly assessment, Contractor must do
so within ten (10) Days of issuance of each assessment notification by requesting, in writing,
a meeting with the SWDD Managing Director to resolve the issue. Following such a meeting,
the SWDD Managing Director shall notify Contractor in writing of any action taken with
respect to Contractor's claims. Contractor may further appeal, in writing, the decision of
the SWDD Managing Director to the County Administrator, who shall conduct a review of
all the facts and circumstances and make a determination in writing; if Contractor objects
to the County Administrator's determination, Contractor may appeal such determination
in writing to the County Commission. Any Administrative Charges in excess of the monthly
payment due Contractor shall be carried over and applied to the upcoming month's
payment. The County Commission'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.
12.2.3 SWDD may assess the following administrative charges pursuant to this Article:
a) Complaints/Disputes. If the Contractor fails to adequately address customer
complaints/disputes in a timely manner, Administrative Charges in the amount of $500
per day shall be assessed until such time as SWDD determines the issues have been
resolved.
b) Litter Control. If Contractor fails to adequately control litter as required by this Contract,
SWDD shall provide notice to the Contractor. If the Contractor fails to remedy the issue
within twenty-four (24) hours of notice from SWDD, Administrative Charges in the
amount of $500 per day shall be assessed until such time as SWDD determines the issues
have been resolved.
c) Personnel Requirements. If Contractor fails to keep the required levels of personnel to
perform all operations covered by this Contract, SWDD shall provide notice to the
Contractor. If the Contractor fails to remedy the issues within twenty-four (24) hours of
notice, Administrative Charges of $500 per day per position will be assessed until SWDD
determines the issues have been resolved.
d) Containers and Equipment. If Contractor fails to provide and maintain containers and
equipment in proper working order, SWDD shall provide notice to the Contractor. If the
Contractor fails to remedy the issues within twenty-four (24) hours of notice from SWDD,
Administrative Charges of $1,000 per day shall be assessed until SWDD determines the
issues have been resolved.
e) Road Maintenance. If the Contractor fails to maintain CCC roads as required by this
Contract, SWDD shall provide notice to the Contractor. If the Contractor fails to remedy
the issues within seventy-two (72) hours of notice from SWDD, Administrative Charges
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in the amount of $500 per day shall be assessed until SWDD determines the issues have
been resolved.
f) Site Maintenance. If the Contractor fails to properly conduct site maintenance and
groundskeeping activities in the manner and frequency as required in this Contract,
SWDD shall provide notice to the Contractor. If the Contractor fails to remedy the issues
within twenty-four (24) hours of notice from SWDD, Administrative Charges in the
amount of $500 per day shall be assessed until SWDD determines the issues have been
resolved.
g) Reports & Deliverables. If the Contractor fails to provide any reports or deliverables to
SWDD within the time frame specified in this Agreement or any Amendment to this
Agreement, SWDD shall assess Administrative Charges in the amount of $500 per day
that each report and/or deliverable is late.
h) Failure to Open, Close or Properly Secure CCCs. If Contractor fails to open the CCCs on-
time or close the CCCs on time or properly secure one of the CCCs at the end of a day's
operation, SWDD shall assess Administrative Charges in the amount of $1,000 per
occurrence.
i) Loss of Use Due to Negligence. If through Contractor negligence, including negligence by
one of its employees, an operation covered under this Contract becomes unavailable for
use by the citizens of Indian River County, the payment to the Contractor will be reduced
by the number of days the operation is unavailable, and Administrative Charges of $500
per day will be assessed by SWDD.
j) Other Related Charges:
1. Commingling solid waste with recyclable materials: $200 per occurrence per location.
2. Failure to prevent out -of -county waste or Recyclables from being accepted at CCCs:
$500.00 per occurrence.
3. Failure to properly cover/contain materials in collection vehicles: $200.00 per
occurrence.
4. Failure to display the Contractor's name and phone number on collection vehicles:
$100.00 per occurrence per day.
5. Delivery of waste to the Indian River County Landfill that did not originate at the
CCCs: $1,000 for the first offense, $5,000 for the second offense, and Potential loss
of Contract for the third offense.
12.2.4 If any violation or deficiency is repeated within forty-eight (48) hours, after an initial
deficiency is identified in the same category, the violation will be considered a
continuation of the original deficiency and Administrative Charges will be immediately
assessed.
ACTIVE: 38438749. 1
19
12.2.5 If the Contractor or Subcontractor fails to comply with any applicable environmental
regulations or other Applicable Laws, the Contractor shall pay SWDD the following:
a) All lawful fines, penalties, and forfeitures charged to the County by any judicial orders or
by any governmental agency responsible for the enforcement of environmental or other
Applicable Laws; and
b) The actual costs incurred by the County as a result of the failure to comply with the
environmental or other Applicable Laws, including any costs incurred in investigating and
remedying the conditions that led to the failure to comply with the Applicable Laws.
Article 13. Emergency Services
13.1 Contingency and Continuity of Operations Plan
Contractor shall develop a plan for the possibility of a storm event or emergency rendering
Contractor's equipment unusable for a period that would interrupt services required herein
(Contingency and Continuity of Operations Plan (i.e., Disaster Response Plan). The Plan shall
outline the process by which Contractor shall avoid interruption in services including extra
staffing, equipment, and resources to be utilized, backup generators for fueling and offices and
backup procedures and locations should Contractor's facility or offices be damaged. The
Contingency and Continuity of Operations Plan shall be submitted a minimum of thirty (30) Days
prior to the Commencement Date. It shall also outline measures to be taken to resume services
defined within this Contract and shall be updated by March 31St of each year.
SWDD shall coordinate with Contractor if a disaster should require temporary closure, or
modification to the hours of operation of the CCCs. Contractor shall be familiar with local, state,
or federal agency documentation requirements, including but not limited to the generality of the
foregoing, rules, regulations, and guidelines applicable to FEMA's Public Assistance Program for
Debris Removal, as such requirements change from time to time. Contractor shall maintain
complete and accurate records of all such Disaster Work and provide all required and necessary
documentation for submission of cost reimbursement requests. Contractor shall be required to
submit its FEMA documentation of costs to SWDD as a condition of payment for additional
personnel and equipment pursuant to this Article.
13.2 Emergency Management/Disaster Meetings
Contractor shall attend emergency management/disaster meetings as requested by SWDD and
shall provide any materials that may be useful to the discussion. The County shall notify
Contractor of the date, time, and location of the meetings, and any necessary materials to be
provided by Contractor.
13.3 Use of Emergency Services
Contractor acknowledges that the County has entered one or more stand-by contracts for debris
removal in the event of a natural disaster. However, the CCCs may be impacted and the clean-
up from some natural disasters may require that Contractor hire additional equipment, employ
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ACTIVE: 38438749.1
additional personnel, or work existing personnel on overtime hours to clean debris resulting from
the natural disaster. The pricing for any such emergency services to be provided by Contractor
shall be provided by Contractor on a yearly basis and, assuming that such is approved by the
Board of County Commissioners, each such pricing plan will be automatically deemed to have
been incorporated into this Agreement (for the applicable year) without further action by the
Contractor or the County, and it shall not be necessary to execute a formal amendment or
addendum to this Agreement with respect thereto. In the event that the provision of such
services results in the Contractor incurring extraordinary costs (including costs other than the
cost of labor to operate the CCCs for extended hours) with respect thereto, the Contractor shall
be compensated for its actual time, materials and labor costs, as well as the Contractor
management fee, for any such services, subject to the County's prior written approval and the
Contractor's provision of associated back-up.
Article 14. Change to Service, Law, or Regulation
14.1 Contractor and County recognize that federal, state, and local law and other changes in law in
the future that mandate actions or programs may require changes or modifications to the
Agreement. The County shall have the right to make changes to the Agreement as a result of
changes in law and to impose new and reasonable rules and regulations on the Contractor
relating to the scope and methods of work as shall be necessary and desirable from time to time
for the public welfare.
14.2 If any federal, state, or local authority enacts or changes any applicable laws, rules or regulations
pertaining to operation of the CCCs which results in a substantial change to the services defined
herein and which results in a material increase or decrease in Contractor's costs, the Contractor
and County shall negotiate mutually agreeable adjustments to the Agreement.
14.3 Should SWDD decide to delete the number of facilities identified herein, SWDD shall notify the
Contractor of such changes in writing and the changes shall take effect within 30 days of notice.
Article 15. Insurance
15.1 Contractor shall not commence work until all the insurance required under this section has been
obtained, and until such insurance has been approved by SWDD. Firm's insurance shall be
primary. The County shall be named as an additional insured for both General Liability and
Automobile Liability. The awarded firm shall maintain the following limits of insurance during
the term duration of this agreement.
• Owners and Subcontractors Insurance: The Contractor shall not commence work until they have
obtained all the insurance required under this section, and until such insurance has been
approved by the owner, nor shall the contractor allow any subcontractor to commence work until
the subcontractor has obtained the insurance required for a contractor herein and such insurance
has been approved unless the subcontractor's work is covered by the protections afforded by the
Contractor's insurance.
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ACTIVE: 3 843 8749.1
• Worker's Compensation Insurance: The Contractor shall procure and maintain worker's
compensation insurance to the extent required by law for all their employees to be engaged in
work under this contract. In case any employees are to be engaged in hazardous work under this
contract and are not protected under the worker's compensation statute, the Contractor shall
provide adequate coverage for the protection of such employees.
• Public Liability Insurance: The Contractor shall procure and maintain broad form commercial
general liability insurance (including contractual coverage) and commercial automobile liability
insurance in amounts not less than shown below. The owner shall be an additional named insured
on this insurance with respect to all claims arising out of the operations or work to be performed.
Commercial General (Public) Liability,
other than Automobile
$1,000,000.00 Combined single limit
for Bodil In'u and Pro art Damn e
Commercial General
A. Premises / Operations
B. Independent Contractors
C. Products / Completed Operations
D. Personal Injury
E. Contractual Liability
y J ry p y g F. Explosion, Collapse, and Underground
Property Damage
Commercial General Liability Insurance including, but not limited to, Independent
Contractor, Contractual, Premises/Operations, Products/Completed Operation and Personal
Injury covering the liability assumed under indemnification provisions of this contract, with
limits of liability for personal injury and/or bodily injury, including death, of not less than
$3,000,000.00, each occurrence; and property damage of not less than $3,000,000.00, each
occurrence. (Combined single limits of not less than $3,000,000.00, each occurrence —
general aggregate; $3,000,000.00 — products -comprehensive or aggregate; $3,000,000.00 —
each occurrence, will be acceptable unless otherwise stated). Coverage shall be on an
"occurrence" basis, and the policy shall include Broad Form Property Damage coverage and
Fire Legal Liability of not less than $3,000,000.00 per occurrence, unless otherwise stated by
exception herein.
Automobile A. Owner Leased Automobiles
B. Non -Owned Automobiles
$1,000,000.00 Combined single limit C. Hired Automobiles
Bodily Injury and Damage Liability D. Owned Automobiles
Environmental Liability.
The Contractor shall procure and shall maintain Environmental Liability coverage with
minimum limits of $2,000,000 per occurrence, if occurrence form is available; or claims
made form with "tail coverage" extending three (3) years beyond completion of the contract
ACTIVE: 3 8438749.1
with proof of "tail coverage" to be submitted with the invoice for final payment. In lieu of
"tail coverage," Contractor may submit annually to SWDD a current Certificate of Insurance
proving claims made coverage insurance remains in force throughout the same three (3)
year period. Such coverage shall include coverage for environmental remediation.
Umbrella/Excess Liability.
In addition to the requirements above paragraphs, the Contractor shall be responsible for
procuring and maintaining during the life of the Contract an excess liability policy (excluding
pollution losses) in the following amount: $2,000,000 per occurrence over primary insurance
and $2,000,000 — aggregate.
• Proof of Insurance: The Contractor shall furnish the owner a certificate of insurance in a form
acceptable to the owner for the insurance required. Such certificate or an endorsement provided
by the contractor must state that the owner will be given thirty (30) days written notice prior to
cancellation or material change in coverage. Copies of an endorsement -naming Owner as
Additional Insured must accompany the Certificate of Insurance.
15.2 The policy shall cover the firm, all employees, and/or volunteers, and all independent
contractors, subcontractors and professional contractual persons hired or retained by
Contractor.
15.3 The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the
Indian River County Risk Management Department prior to the execution of this Agreement.
15.4 The insurance companies selected shall send written verification to the Indian River County Risk
Management Department that they will provide thirty (30) Days written notice to the Indian
River County Department of Risk Management of its intent to cancel or terminate.
Article 16. Complaints and Disputes
16.1 Contractor shall immediately notify SWDD of any customer or citizen complaints concerning any
work activities required in this Contract such as litter, noise, dust, odor, property damage,
accidents or injuries, failure to open/close, or other claims which may involve any party, against
the Contractor, SWDD, or County.
(1) Notification maybe verbal but must be followed by written notification to include any
witness statements and photographs within twenty-four (24) hours. The Contractor
shall also provide a Sheriff's Department incident report (if applicable). Such
notification shall be made directly to SWDD.
(2) The Contractor has a responsibility to resolve customer or citizen disputes in a
professional manner.
ACTIVE: 38438749.1
23
(3) SWDD reserves the right to investigate customer or citizen complaints and if the
complaint is deemed valid and not resolved in a timely manner, SWDD may impose
Administrative Charges.
(4) Contractor shall notify SWDD immediately of any damages to permanent equipment,
fixtures, fencing, buildings, or facilities at any of the CCCs that are caused by the
Contractor and/or its subcontractor. The Contractor, at its sole expense, shall
immediately initiate the required repairs and inform SWDD of the expected timeline
of repair. Should the Contractor refuse to initiate repairs within ten (10) days of
notification, SWDD may make the necessary repairs and bill the Contractor for the
cost of the repairs plus fifteen (15%) percent. If such damage is likely to halt the
collection or transportation of materials at a CCC, the Contractor will immediately
start the necessary repairs to allow for the resumption of full services until permanent
repairs can be made.
Article 17. Termination
17.1 Failure to Maintain Performance Bond and Insurance
SWDD reserves the right to terminate this Contract if Contractor fails to obtain and maintain the
Performance Bond as set forth in Article 12.1 and the insurance requirements set forth in Article
15.
17.2 Agreement Subiect to Annual Appropriation.
Funding for this Agreement is subject to annual appropriation by the Board of County
Commissioners. The Parties agree that it is the intent of each to fulfill this Agreement in its
entirety but understand that unforeseen financial circumstances may occur. SWDD therefore
retains the right to terminate this Agreement in part or in total should the Board of County
Commissioners, sitting as the Solid Waste Disposal District, be unable to appropriate sufficient
funding. In such case SWDD will notify Contractor 180 calendar days in advance of the
termination. In the event that this clause is exercised in the first 5 years of this Agreement the
parties will negotiate in good faith to reimburse Contractor for any unrealized capital costs.
17.3 Scrutinized Companies
Contractor is advised that section 287.135, Florida Statutes, prohibits agencies from contracting
with companies for goods or services of One Million Dollars ($1,000,000.00) or more that are on
either the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized
Companies with Activities in the Iran Petroleum Energy List. Both lists are created pursuant to
section 215.473, Florida Statutes. SWDD reserves the right to terminate this Agreement if SWDD
discovers that the Contractor has submitted a false certification regarding the Scrutinized
Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in
the Iran Petroleum Energy List, and/or if, during the term of the Contract, the Contractor has
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ACTIV E:38438749.1
been placed on the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized
Companies with Activities in the Iran Petroleum Energy List.
Contractor certifies that it and those related entities of Contractor as defined by Florida law are
not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725
of the Florida Statutes and are not engaged in a boycott of Israel. SWDD may terminate this
Agreement if Contractor, including all wholly owned subsidiaries, majority-owned subsidiaries,
and parent companies that exist for the purpose of making profit, is found to have been placed
on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set
forth in section 215.4725, Florida Statutes.
17.4 Bankruptcy
SWDD reserves the right to terminate this Agreement if Contractor takes the benefit of
insolvency statute, or shall make a general assignment for the benefit of creditors, files a
voluntary petition in bankruptcy, petitions or answers seeking an arrangement for its
reorganization or 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 consents to the
appointment of a receiver, trustee, or liquidator of all or substantially all of its property.
SWDD reserves the right to terminate this Agreement if 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 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 cancellation shall be and
will become null, void, and of no effect.
SWDD reserves the right to terminate this Agreement if by or pursuant to or under 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 of control
shall continue in effect for a period of sixty (60) days.
17.5 Default
SWDD may terminate this Agreement by written notice of default to the Contractor if Contractor
fails to perform or observe any of the material terms and conditions of this Agreement for a
period of thirty (30) days after receipt of notice of such default. Should Contractor make good
faith effort to cure any notified failure that exceeds the thirty (30) day period, SWDD shall retain
the right to make final determination on the termination for default.
Contractor may terminate this Agreement by written notice of a default to SWDD only upon
SWDD's material breach of a non-payment due under this Contract. A material breach shall not
include allowed deduction for Administrative Charges and shall not include any allowable
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timeframe per the Florida Prompt Payment Act. Should SWDD make a good faith effort to cure
any notified breach that exceeds the thirty (30) day period, Contractor shall retain the right to
make final determination on the termination for default.
Article 18. Other Terms and Conditions
18.1 Indemnification
The Contractor shall defend, indemnify, and hold harmless the County and its commissioners,
officers, employees and agents, from any and all losses, damages, expenses (including
reasonable attorney's fees) and other liabilities of any type whatsoever, arising out of or relating
to any negligence, intentional tort, breach of contract, or breach of Applicable Law by the
Contractor, or its employees, agents, subcontractors, or other persons or entities performing
work under this Agreement. Contractor's duty to indemnify shall not extend to acts, neglect,
errors, omissions, or defaults caused by County employees or agents. This section shall survive
the termination or expiration of this Agreement.
18.2 Assignment
No assignment of this Agreement or any right occurring hereunder shall be made in whole or in
part by Contractor without the express written consent of SWDD; in the event of any assignment,
assignee shall assume the liability of Contractor.
18.3 Severability
If any Article, sub article, sentence, clause, or provision of this Agreement is held invalid, the
remainder of the Agreement shall not be affected.
18.4 Compliance with Laws and Regulations
Contractor agrees that they will comply with all Federal, State, and Applicable Law, including
OSHA, EPA, and any other requirements that may apply, to the production, sale, and delivery of
the goods or the furnishing of any labor or services called for by this Agreement, and any
provisions required thereby to be included herein shall be deemed to be incorporated herein by
reference. Noncompliance may be considered grounds for termination of this Agreement.
18.5 Sovereign Immunity
SWDD reserves and does not waive any and all defenses provided to it by the laws of the State
of Florida or other Applicable Law, and specifically reserves and does not waive the defense of
sovereign immunity.
18.6 Right to Require Performance
The failure of SWDD at any time to require performance by Contractor of any provisions hereof,
shall in no way affect the right of SWDD thereafter to enforce same. Nor shall waiver by SWDD
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ACTIVE: 3 943 8749.1
of any breach of any provision hereof be taken or held to be a waiver of any succeeding breech
of such provision or as a waiver of and provision itself.
18.7 Modification
This Agreement constitutes the entire agreement 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.
18.8 Reservation of Rights
SWDD hereby expressly reserves the right to amend this Agreement, which may be necessary or
proper to secure and protect the health, safety, moral, general welfare, and accommodation of
the public including, but not limited to, amendments related to rates, and to protect the public
from danger and inconvenience in the management and operations of solid waste services
business, and to provide such service as is contemplated by this Agreement.
18.9 Independent Contractor
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 Contractor as an agent, representative or employee of SWDD for any
purpose whatsoever. Contractor is to be, and shall remain, an independent contractor with
respect to all services performed under this Agreement. Persons employed by Contractor in the
performance of services and functions pursuant to this Agreement shall have no claim to pension,
workers' compensation, unemployment compensation, civil service or other employee rights or
privileges granted to SWDD's officers and employees either by operation of law or by SWDD.
18.10 Governing Law, Venue
The validity, construction and effect of this Agreement shall be governed by the laws of the State
of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be
litigated in Indian River County, Florida or if in Federal Court then it is in the Southern District of
Florida.
18.11 Public Records Compliance
SWDD is an independent district of Indian River County, a public agency subject to Chapter 119,
Florida Statutes. Contractor shall comply with Florida's Public Records Law. Specifically, Contractor
shall:
(1) Keep and maintain public records required by the County to perform the service.
(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.
ACTNE:38438749.1
27
(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.
IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT:
(772) 226-1424
publicrecords@indianriver.gov
Indian River County Office of the County Attorney
180127th Street
Vero Beach, FL 32960
Failure of Contractor to comply with these requirements shall be a material breach of this Agreement.
Contractor certifies that it and those related entities of Contractor as defined by Florida law are not on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in
the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and
are not engaged in business operations in Cuba or Syria. SWDD may terminate this Agreement if
Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida
Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized
Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business
operations in Cuba or Syria, as defined by section 287.135, Florida Statutes.
18.12 Waiver
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ACTIVE: 38438749.1
A waiver of any breach of any provision of this Agreement shall not constitute or operate as a
waiver of any other breach of such provision or of any other provisions, nor shall any failure to
enforce any provision hereof operate as a waiver of such provision or of any other provisions.
18.13 Survival of Obligation
All representations indemnifications warranties and guarantees made in, required by, or given
in accordance with this Agreement as well as all continuing obligations shall survive final
payment completion and acceptance of the work and termination or completion of the
Agreement.
18.14 Attorney's Fees
In the event of any litigation which arises out of, pertains to, or relates to this Agreement, 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.
18.15 Headings
Headings in this document are for convenience of reference only and are not to be considered
in any interpretation of this Agreement.
18.16 Notice
All notices required or contemplated by this Agreement shall be addressed and sent by certified
U.S. mail to SWDD and Contractor as follows:
To SWDD:
Managing Director
Indian River County Solid Waste Disposal District
132574 1h Avenue SW
Vero Beach, Florida 32968
To Contractor: General Manager
3905 Oslo Road
Vero Beach, Florida 32968
18.17 E -Verify
Contractor is registered with and will use the Department of Homeland Security's E -Verify system
(www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the
duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible
for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S.,
stating the subcontractor does not employ, contract with, or subcontract with an unauthorized
alien.
W*j
ACTIVE: 38438749.1
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized officers the day and year first above written.
Attest:
Ryan L. Butler, Clerk of Court and Comptroller
By:
Dep ty Clerk
Approved By:
Solid Waste Disposal District
Indian River County, Florida
Approved as to Form and Legal Sufficiency By:
j
6
J n A. Titkanich, Jr., County -Administrator \Chris Opher A. Hicks, Assistant County Attorney
SIGNED, SEALED, AND DELIVERED IN THE
PRESENCE OF:
By:
111V Jor
Print Name:
Don Collins
BY CONTRACTOR:
By:
loo
Print Name:
Joshua Roberts
By: lf✓�� Print Title:
Print Name:
James Warner
ACTIVE: 38201933.1
Area Vice President
Republic Services of Florida, Limited Partnership
Page 36 of 42
Exhibit 1. Definitions
Accepted Materials: All CCCs shall accept and segregate the following Residential materials: Solid Waste,
Yard Waste, Mixed Recyclables, Cardboard, White Styrofoam, Loose -Plastic Film, Vape Pens, Passenger
and Light Truck Tires, Scrap Metal, White Goods, Electronics, Sharps, and Household Hazardous Waste
(HHW). CCCs shall also accept limited Commercial Recyclables (Mixed Recyclables, Cardboard, Loose -
Plastic Film, Vape Pens, White Styrofoam).
Agreement (or Contract): This contract between SWDD and the Contractor including any exhibits and
any amendments as modified, supplemented, or restated from time to time.
Applicable Law: All applicable Federal and State of Florida laws, local (municipal and county) ordinances,
and the rules and regulations of all authorities having jurisdiction over any part of the services provided
under this Contract.
Board: Board of County Commissioners of Indian River County, Florida.
Bulk Trash: shall mean any non -vegetative item that cannot be containerized, bagged, or bundled, or
whose large size or weight precludes its handling, processing, or disposal by normal methods. Bulk Trash
shall include, but not be limited to, furniture, White Goods, grills, lawn equipment, furnaces, and bicycles,
excluding carpet/rugs, vehicular tires up to 25" inches diameter which may be on or off the wheel rim,
motor vehicles or similar property not having a useful purpose to the owner or abandoned by the owner
and not included within the definitions of garbage, Yard Waste per week. Definition does not include
Hazardous Waste or Construction and Demolition debris.
Change in Law: (i) The adoption, promulgation, or modification after the Effective Date of any law,
regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before
the Effective Date; or (ii) the imposition of any material conditions in connection with the issuance,
renewal, or modification of any permit, license, or approval after the Effective Date, which in the case of
either (i) or (ii) establishes requirements affecting Contractor's operation under this Contract more
burdensome than the requirements that are applicable to Contractor in effect as of the Effective Date. A
change in federal, state, county or other tax law or worker's compensation law shall not be a Change in
Law. However, in the event a federal, state, or local entity imposes a fee, charge or tax after the Effective
Date that applies to Contractor's operations per se, such fee, charge, or tax shall be treated as a Change
in Law.
Commencement Date: October 1, 2025, the date services pursuant to the Contract shall commence.
Commercial Recyclables: Commercial Customers may only bring the following recyclable materials to the
CCC: Mixed Recyclables, Cardboard, Loose -Plastic Film, Vape Pens, and White Styrofoam.
Construction and Demolition Debris: As defined in Section 403.703, F.S. as amended and provided here:
Discarded materials generally considered to be not water-soluble and nonhazardous in nature, including,
but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and
lumber, from the construction or destruction of a structure as part of a construction or demolition project
or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative
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ACTIVE: 38438749.1
matter that normally results from land clearing or land development operations for a construction project,
including such debris from construction of structures at a site remote from the construction or demolition
project site. Mixing of Construction and Demolition with other types of Solid waste will cause it to be
classified as other than Construction and Demolition. The term also includes:
a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project;
b) Except as provided in s. 403707(9)(1), Yard Waste and unpainted, nontreated wood scraps and
wood pallets from sources other than construction or demolition projects;
c) Scrap from manufacturing facilities which is the type of material generally used in construction
projects, and which would meet the definition of construction and demolition debris if it were
generated as part of a construction or demolition project. This includes debris from the
construction of manufactured homes and scrap shingles, wallboard, siding, concrete, and similar
materials from industrial or
d) De minimis amounts of other nonhazardous wastes that are generated at construction or
destruction projects, provided such amounts are consistent with best management practices of
the industry.
Contract Manager: The person designated by SWDD to act as SWDD's representative during the term of
this Contract.
Contractor: The entity to which Indian River County enters this Contract for services specified herein.
Contractor Maintenance Building: A building owned by the County that is located' at each CCC for the
Contractor to occupy and utilize during the term of the Contract.
Critical Equipment: Equipment deemed essential to the operation of the CCCs and identified by Bidder
during the procurement process.
Customer Convenience Center (or CCC): A permitted location where customers unload their waste or
recyclables into containers. The operational intent of the facility is to provide a safer environment for
customers with smaller loads of waste to use for their disposal needs.
Day: One calendar day unless otherwise specified herein.
Declaration of Emergency: A formal notification that may be provided to the Contractor by SWDD after
a declaration of emergency is issued by the State of Florida or the County pursuantto Chapter 252, Florida
Statute.
Effective Date: The date this Contract has been fully executed by both SWDD and Contractor,
Hazardous Waste: As defined in Chapter 62-730, FAC, as amended from time to time; the Resource
Conservation and Recovery Act, 42 USC 82, and implementing regulations, as amended from time to time;
or Section 403.703(21), F.S., and provided here: Solid Waste, or combination of Solid Wastes, which
because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause, or
significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating
reversible illness or may pose a substantial present or potential hazard to human health or the
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ACTIVE: 38438749.1
environment when improperly transported, disposed of, treated, or otherwise managed. The term does
not include human remains that are disposed of by persons licensed under chapter 497. In addition to
the foregoing definition, any material or substance identified in the Florida Administrative Code Rule 62-
730, and 40 Code of Federal Regulation, Part 261 is also included. Hazardous Waste is not accepted at the
IRC Class 1 Landfill.
Holidays: Shall mean Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's
Day.
Household Hazardous Waste (HHW): The Florida Department of Environmental Protection (FDEP)
defines household hazardous waste (HHW) as leftover household products that contain toxic, corrosive,
ignitable, or reactive ingredients. HHW includes but is not limited to paints, cleaners, oils, batteries,
pesticides, lawn chemicals, and fluorescent lamp bulbs.
Landfill: The Indian River County Solid Waste Landfill.
Legitimate Complaint: Shall mean any complaint where the provisions herein regulating Solid Waste,
Program Recyclables, or Yard Waste collection were adhered to by the Customer and Contractor did not
perform in accordance with such provisions.
Mixed Recyclables: This consists of Old Corrugated Cardboard, Paper, Plastic Bottles and Jugs, Aluminum
and Metal Cans, and Glass Bottles and Jars.
Non -Accepted Materials: Non -Accepted Materials: Contractor shall reject prohibited waste or materials
to include Hazardous Waste, Radioactive Waste, Biomedical Waste, PCBs, Bulk Liquids, Dead Animals,
Flammable or explosive materials not known in Residential Household Hazardous Waste, contaminated
soils, infection waste, Commercial Solid Waste, Commercial Yard Waste, Construction and Demolition
Debris, out of County waste, asbestos, and other materials not identified as Accepted Materials.
SWDD (or District): The Indian River County Solid Waste Disposal District, a dependent special district of
Indian River County, Florida.
Rate: The Board approved amounts to be charged by Contractor for services outlined within Contract.
White Goods: shall mean inoperative or discarded appliances including, but not limited to, air
conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and
commercial large appliances.
Yard Trash: shall mean vegetative matter resulting from yard and landscaping maintenance, including
leaves, grass clippings, shrubbery cuttings, palm fronds, tree branches and other similar matter generated
by a customer at a residential or commercial property.
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ACTIVE: 38438749.1
Exhibit 2. Rates
Customer Convenience Center Operation, Maintenance, and Management
Note: Pricing per month includes material transport and shall be rounded to the nearest dollar.
Services Felismere CCC
Gifford CCC Oslo CCC Roseland CCC Winter Beach CCC
Price Per Month $ 106,529.01
$ 84,111.93 $ 112,612.93 $ 63,803.34 $ 55,801.93
Total Annual Price $ 5,074,309.68
Additional Services
Additional Days of Operation at a CCC:
$ 3,182.00 per day
Extended Hours of Operation at a CCC:
$ 318.00 per hour
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Exhibit 3. 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 January in the prior year (CPI1) and the month of January 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 =
CW U R0300SAO ).
If the designated index is discontinued 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
five percent (5%) of the previous rate.
EXCEL FORMULA FOR CALCULATING RATE ADJUSTMENT
Rate Adjustment (%) = ROUND (((((CP12 — CPI1) / CPI1) * 0.75) * 100),2)
Where:
"CP11" = published CPI average for the month of January of the prior year
"CP12" = published CPI average for the month of January of the current year
SAMPLE CALCULATION OF RATE ADJUSTMENT
Current Rate = $8.00 CP11= 225.838
CP12 = 230.195
=ROUND (((((230.195-225.838)/225.838) * 0.75) * 100), 2) = 1.93%
Rate Adjustment of 1.93% is less than 5%, the maximum allowed.
New Rate = ROUND ($8.00 * (1 +0.0193),2) _ $8.15
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ACTIVE: 38438749.1