HomeMy WebLinkAboutVI (A)Approval and Authorization for Mayor and City Clerk to Execute Interlocal Agreement with Orange County for Collection and Disposal of Residential Solid Wastes
Mayor
S. Scott Vandergrift
center of Good L' .
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Agenda 0 1 /06/2004
Item VI A
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
City Manager
Jim Gleason
STAFF REPORT
TO:
FROM:
The Honorable Mayor and Board of City Commissioners
David Wheeler, Public Works Director
Bob Zaitooni, Deputy Public Works Director/City Engineer
DATE:
January 6, 2004
RE:
Orange County Interlocal Agreement for Collection & Disposal of
Residential Solid Wastes
ISSUE:
Should the Honorable Mayor and Board of City Commissioners approve the Interlocal
Agreement with Orange County for the collection and disposal of residential solid wastes in the
City of Ocoee?
BACKGROUND AND DISCUSSION:
The City Commission, on June 17, 2003, authorized staff to prepare and advertise an RFP for
the privatization of the residential waste collection and disposal within the City limits. An RFP
was advertised and formal proposals from six (6) vendors were received on October 14, 2003.
CITY'S RFP PROCESS:
The City's appointed selection committee has not formally reviewed the submitted RFP's
pending the City Commission's decision regarding the proposed Interlocal Agreement with
Orange County. Staff has formally requested all vendors to extend their RFP's to allow time for
consideration of the Orange County proposal.
In summary, the RFP requested a weekly service consisting of ~ Garbage and .:LRecycling
collection and disposal, to be phased in over a 3-year period. Yard waste and bulky waste
collection and disposal are not included in the RFP since a separate contract currently exists for
this service. The terms of the RFP included the use of the current City 96-Gallon garbage carts
and recycling bins; as well as contract administration, complaint resolution and inspection
service by City staff. It should be noted that none of the haulers currently use the "side-load" or
"lift" mechanism similar to the existing City collection practice due to use of the 96-gallon carts.
This is primarily due to low efficiency and productivity involved with this method of collection
versus the traditional collection procedures.
City ofOcoee Public Works. 301 Maguire Road. Ocoee, Florida 34761
phone: (407) 905-3170. fax: (407) 905-3176. www.ci.ocoee.fl.us
Orange County I nterlocal , Page 2
Six (6) vendors responded with a range of rates from $10.98 to $14.23 per customer per month
as tabulated under the Economic Analysis Section of this report. Two (2) out of six (6) vendors
have proposed a graduated rate, increasing each year throughout the life of the contract.
Therefore, the proposed rates for the Year 4 (after the 3 phase-in period) have been utilized for
analysis and comparison purposes.
Separate from the RFP process, Orange County Utilities, through use of their franchise
agreement with various haulers, has submitted an Interlocal AQreement for the collection and
disposal of residential solid waste within the City limits. The terms of the Interlocal Agreement
are fully described in the attached copy of the Agreement. A summary of the highlights include
the following:
. Services will include 2. Garbage, 1 Recycling, and 1 Yard Waste per week.
. Curbside garbage service will include unlimited number of containers and 2. containers
of material from repairs and remodeling, twice weekly, at no additional charge.
. Weekly curbside yard waste service of ~ cubic yards versus the current City's limit of 2.
cubic yards.
. Weekly curbside bulk waste service of ~ cubic yards at no additional fees versus any
free weekly service under the City's current practice.
. Orange County will assign a hauler for services within the City of Ocoee.
. City will maintain customer service for responding to Ocoee citizens.
. Orange County will manage the contract with the hauler and will be responsible for
enforcing the terms of the contract.
· Current City's 96-gallon garbage containers will no longer be used.
. Orange County will be billing the City on a monthly basis with the option of annual
assessments on the tax roll.
. City of Ocoee will continue to bill the customers for services within the City, but may
elect to become part of the County-wide assessment for solid waste.
· Termination clause will be based on Orange County's contract with the assigned hauler.
. The City will not have a franchise or contract with a private hauler.
Orange County's current hauler collection plan includes five (5) service areas or zones. Each
service area has been competitively bid and negotiated with a hauler. The current haulers for
the service areas are as follows:
Service Area
Zone 1
Zone 2
Zone 3
Zone 4
Zone 5
Vendor
Onyx Waste Services of Florida, Inc.
Waste Management Inc. of Florida
Republic Services of Florida LP
Waste Management Inc. of Florida
Republic Services of Florida LP
Although each service area or zone has been negotiated at a different annual compensation
rate, using a compensation adjustment methodology, Orange County has equalized the annual
rate for all customers. This is accomplished through a MSTU program. The current assessment
rate as adopted by the Board of County Commissioners (BCC) is $146.06 per year, which is
assessed on residential customer's tax bills in unincorporated Orange County. The current
annual rate translates to $12.17 per customer per month. This rate is set annually by the
County Commission and may be increased or decreased.
City of Ocoee falls within Zone 1 of the Orange County's current plan. However, Orange
County reserves the right to assign the City to another hauler.
Orange County Interlocal, Page 3
ECONOMIC ANALYSIS:
There are significant economic advantages for the City if the Orange County Interlocal
Agreement is considered and approved. This is detailed below in the side-by-side comparison
to the proposals received by the City from the six (6) vendors. It should be noted that in addition
to the base rate, there are other cost components that consist of the administrative costs
associated with the program and the costs of the current City's Yard and Bulky Waste Collection
and Disposal.
Rate Orange County Advance Republic Waste Onyx Onyx Florida Waste
Comoonent Interlocal Disposal Services Pro Base Alt. 1 Recy. Mang't
Case 1 Case 2
Base rate 12.17 12.17 13.99 12.35 14.23 13.78 11.63 10.98 13.60
Yard waste 1.68 0 1.68 1.68 1.68 1.68 1.68 1.68 1.68
Admin. 1.30 1.30 2.69 2.69 2.69 2.69 2.69 2.69 2.69
Total 15.15 13.47 18.36 16.72 18.60 18.15 16.00 15.35 17.97
As mentioned earlier, Year 4 hauler proposed rates are used for the comparison purposes. The
rate for the Interlocal Agreement with Orange County is established by the Board of County
Commissioners and may increase or decrease. Historically, the rate has declined in the recent
years.
a) Administrative Costs
The administrative costs associated with the options differ for the Orange County Interlocal
versus the private hauler option. This is primarily due to the costs to the City for the
management of the program including staff, equipment, and containers. The cost of customer
billing remains similar for both options at this time.
The Orange County Interlocal Agreement Case 1 assumes that the current City Yard & Bulky
Waste will remain in effect until expiration or is otherwise terminated. Case 2 assumes that the
current Yard & Bulky Waste contract is terminated now. Under this scenario, one-half (1/2) of an
Inspector and one (1) customer service member will be needed for the management of the
program. Considering all other costs such as vehicle, fuel & maintenance, communication,
insurance, billing, and auditing, the in-house administrative cost is estimated at $1.30 per
customer per month.
The private hauler option will require one (1) Manager, one (1) Inspector, and one (1) customer
service member for the management of the program. Considering all other costs such as
vehicle, fuel & maintenance, communication, insurance, billing, and auditing, the in-house
administrative cost is estimated at $2.69 per customer per month.
b) Solid Waste Rates
The current City rate for the collection and disposal of the residential solid waste is $16.00. As
presented to the City Commission in an earlier meeting, the actual costs of the in-house
collection and disposal is $18.38. To sustain the current in-house operations, a rate hike to
$20.00 or $21.00 will become necessary.
Under the Orange County Interlocal Agreement, for the worse case scenario, the highest
monthly cost to the City will be $15.15 until the expiration of the current City's Yard & Bulky
Waste contract. However, depending on the City's ability to terminate the current Yard & Bulky
Waste contract immediately, the monthly cost to the City may be as low as $13.47.
Orange County Interlocal, Page 4
Under the private hauler scenario through the RFP process, the rate for the lowest resoonsive
bidder may range from $15.35 to $16.72 per household per month. The lowest responsive
bidder is defined as the lowest cost hauler with demonstrated capability, experience, and
financial means to execute the requirements of the RFP as determined by the Selection
Committee and approved by the City Commission.
Depending on chosen option, staff will recommend a rate to the City Commission at a later date.
c) Method of Payment
The current Orange County plan is designed for the customer charges to be assessed on their
annual tax bill. This option will also be available to the City, at City's option, every year provided
sufficient notice is served to the Orange County Property Appraiser and Tax Collector.
The City will continue monthly billing as under the current program. Billing through the County
system requires uniform rates on the same basis as all other County residents. If billing is done
by the City, the rate does not need to be uniform. Monthly billing will permit the City to charge
the customers the base Orange County rate and the administrative in-house costs.
Alternatively, City may elect to enact an annual charge on the tax bill and include a non-Ad
Valorem City Solid Waste charge to recover the administrative costs as well as charges payable
to the County.
d) Current Yard & Bulky Waste Contract
If the Interlocal Agreement with Orange County is approved, it will be in the best interest of the
City to formally seek and negotiate the termination of the current Residential Yard and Bulky
Waste Collection and Disposal contract with Onyx Waste Services Southeast, Inc. The contract
is due to expire in August 2006. The Commercial Collection & Disposal Franchise Agreement is
a separate contract and will not be affected by this action.
e) Capital Cost Avoidance
As opposed to the existing in-house operations, there is a significant capital cost avoidance for
the City associated with the Orange County Interlocal or the private hauler options. The avoided
cost in new staff, new equipment, and replacement of existing equipment may be as much as
$500,000 per year for the next several years.
IMPACT TO COMMUNITY:
Aside from the economic benefits previously outlined, if the Interlocal with Orange County is
approved, the City residents will also benefit in volume of services associated with garbage and
yard & bulky waste. The Orange County Contract with their haulers includes virtually unlimited
garbage collection, a higher volume of yard waste, and removal of bulky waste on a weekly
basis at no additional charge. However, unlike the current in-house operations or as proposed
under the RFP process, the Orange County Interlocal does not require or permit use of the
current 96-gallon carts for garbage collection.
In recognition of the sensitive nature of this issue and the impact to the community, there is
varying school of thoughts on the use of containers. One approach would involve allowing the
residents to keep the existing 96-gallon carts for storage and require unloading of the bags on
the morning of the collection day. Another approach would involve a one-time replacement of
the current 96-gallon cart with two (2) 32-gallon containers for the existing customers. The cost
of the replacement containers would be partially offset by the revenues from sale of the existing
fleet and containers.
Orange County Interlocal, Page 5
PROGRAM COMPARISON:
In order to compare various options available to the City, a summary of various characteristics
of each option are summarized in the table below.
In-House Operation Orange County Private Hauler
Interlocal
Proaram Item
Current rate $16.00 $16.00 $16.00
Actual cost to City $18.38 $13.47 or $15.35 to $16.72
$15.15 for the next 3 Average $16.00
years and then $13.47
New routes and resource 1 new truck & 1 driver every 2 None None
requirements years at $355,000
Equipment replacement $300,OOOlyear for next 2 years None None
Needs $150,OOOlyear thereafter
Garbage cart & recycling 1, 96-gallon garbage cart and Optional1-time cost: 1, 96-gallon garbage cart
bins requirements 2 recycling bins at $25,000 per 2,32-gal. regular cans at and 2 recycling bins at
year $153,000 or $25,000 per year
2,32-gal. Wheeled cans at
$172,000
Estimated annual rate $1.72 per year per customer None None
increase required for the
short term (5-years)
Estimated annual capital None $500,OOOlyear $475,000/year
cost avoidance (next 2
years)
RECOMMENDA liON:
Staff respectfully requests the Honorable Mayor and Board of City Commissioners approve the
following:
1. The Interlocal Agreement with Orange County for the collection and disposal of
residential solid wastes (garbage, recycling, and yard waste) within the City of
Ocoee; and authorize the Mayor and the City Clerk to execute the I nterloca I
Agreement between Orange County and the City.
2. Instruct staff to negotiate the termination of the current Residential Yard Waste and
Bulky Waste Collection and Disposal contract with Onyx Waste Services Southeast,
Inc.
Attachment: Interlocal Agreement
Current Hauler Contract
Memorandum- Calendar Year 2004 Collection Rate
Copy of Public Hearing Advertisement
Date Published
Orlando Sentinel
W SUNDAY, DECEMBER 28, 2003
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Advertisement
IEu:r.:'%=~~
AGIlEEMENl' WITH ORANGE COUNTY
Notice Is herebv given to 011 own-
ers of londs locoted within the boun-
dories of the Cltv of Ocoee that the
Cltv of Ocoee Intends to consider
~:n~P:m~cg~n~~ I~~~~~~~~=
Waste Collection and Disposal and
that the Cltv Commission will hold'
a public hearing on .ll1IIIIIY 6. 2004 at
~:Cf1'~1 ~~ ::,se ~og~~~:;i~~f~eria::'~
bers. CItV Hall. located at 150 N.
Lakeshore Drive. Ocoee. Florida
J.4761.
The purpose of the public hearing
Is to consider. pursuant to Chapter
163. Florida Statutes. an Interlocal
Agreement with Orange Countv
which would constitute a contract
with Orange Countv to administer
solid waste collection and disposal
services using a Countv hauler to
collect residential solid waste. recv-
c1ables and vard waste within the
Cltv of Ocoee for all residential
units. This would replace services
current Iv provided bv the Citv.
Yard waste collection would contin-
ue to be provided bv the Cltv's fran-
chisee during the remaining term
of the franchise agreement.
Interested parties mav appear at
the publiC hearing to be heard re-
garding the proposed Interlocal
Agreement. A cOPV of the I nterlocal
Agreement mav be obtained from
the Cltv Clerk's office during nor.
mal business hours.
If anv person decides to appeal
anv decision made with respect to
anv matter considered at this pub-
lic hearing such person will need a
record of proceedings and for such
purpose such person mav need to
ensure that a verbatim record of
the proceedings Is made at their
own expense and which record In.
eludes the testlmonv and evidence
an which the appeal Is based. Per.
sons with disabilities needing ass Is.
tance to partlclpote In the publiC
discussion should contact the Cltv
Clerk's office 48 hours In advance of
the meeting at (407) 9OS-310S.
Dated this 28th dav of December.
2003.
CITY OF OCOEE
Bv: Jean Grafton. Cltv Clerk
OLS5409714 12128103
ORANGE COUNTY/CITY OF OCOEE
ffiTERLOCALAGREEMENT
FOR SOLID WASTE COLLECTION
AND DISPOSAL
THIS INTERLOCAL AGREEMENT is entered into pursuant to Part I of Chapter 163,
Florida Statutes by and between the City of Ocoee, Florida, a Florida municipal corporation,
whose address is 150 North Lakeshore Drive, Ocoee, Florida 34761, (hereinafter referred to as
the "City") and Orange County, Florida, a political subdivision and charter county of the State of
Florida, whose address is 201 South Rosalind Avenue, Orlando, Florida 32801, (hereinafter
referred to as the "County"), and is based on the following premises:
WHEREAS, both the City and the County have the right to provide solid waste collection
and disposal services within their respective tenitories; and
WHEREAS, the County has recently undertaken competitive bids to secure the services
of private haulers to collect and haul residential solid waste to an appropriate solid waste
disposal facility; and
WHEREAS, the City has determined it to be in its best interest to contract with the
County pursuant to this Interlocal Agreement for the County to administer solid waste collection
and disposal services using a County hauler to collect residential solid waste, recyclables, and
yard waste within the City of Ocoee for residential units where curbside container collection is
the required means of collection, (as opposed to dumpster disposal), and to dispose of the
collected solid waste at Orange County transfer stations and the Orange County Landfill; and
WHEREAS, to promptly implement this service, the City and the County have agreed
that the City shall charge and collect from customers, and pay over to the County, the sum
specified herein for residential solid waste collection and disposal until such time as the City, at
its option, passes an ordinance and the County takes the necessary steps to have residential
properties within the City added to the County's solid waste municipal service benefit unit
(MSBU) so that the costs of collection and disposal can be collected from City customers as a
County non-ad valorem assessment on the property tax bill; and
WHEREAS, City and County agree that the amount charged by the County to the City or
customers within the City shall be that amount established annually at the public hearing for the
MSBU covering customers served under the County solid waste collection and disposal special
assessment; provided, however, that the City may elect to charge its customers a rate established
by the City unless the City at its option elects to have the County levy a non-ad valorem
assessment on the property tax bill of City customers.
NOW THEREFORE, be it agreed by and between the parties as follows:
Section 1. Recitals Agreed To. Each and all of the foregoing recitals are
acknowledged and agreed to and constitute a part of this Agreement.
Section 2. Purpose. The purpose of this Agreement is for the City and the County to
memorialize the means for the County providing solid waste collection and disposal services to
City residential customers as described in this Interlocal Agreement pursuant to Part I of Chapter
163, Florida Statutes.
Section 3. Term. This Interlocal Agreement shall commence on the 1 st day of April,
2004, or as soon as possible thereafter, and the initial term shall be through the 31 st day of
December, 2014, to coincide with the term of the County "Residential Solid Waste and
Recyclable Collection Agreement(s)", provided specifically, however, that this Agreement shall
be automatically extended for additional terms not to exceed seven (7) years each, unless a
Notice of Termination is delivered in accordance with Section 6. If the service charges are
2
placed by the County on the customers' annual property tax bills pursuant to Section 5B of this
Agreement, the Agreement can only terminate on the 318t day of December of a given
assessment year.
Section 4. Services. The County has implemented a countywide mandatory
residential solid waste collection and disposal system for residents in unincorporated Orange
County. The County has secured bids from private haulers for each of five geographic zones
covering the unincorporated area of Orange County. The low bidder for each zone was selected
and assigned rights and responsibilities pursuant to a hauler's agreement between the County and
the hauler. A hauler will be assigned by the County the responsibility and obligation to collect
within the City of Ocoee pursuant to this Agreement. Solid waste collection and disposal,
including the collection of yard waste and recyclables, is currently provided to each residential
customer with two household garbage collections, one recyclables collection, and one yard waste
collection. Services and responsibilities will be in accordance with the agreement between the
hauler and the County, as said agreement may be amended from time to time. This will be the
initial level of service provided to City of Ocoee customers pursuant to this Agreement. No
amendments are currently contemplated, and a copy of a sample hauler agreement is attached as
Exhibit "A" to this Agreement. Customers within the City of Ocoee must comply with the
provisions of the -hauler agreement and the Orange County Code, Article IV, Chapter 32 as it
relates to solid waste services, including container size and pick-up locations, frequency of
collection, number of containers, and rules regarding curbside pick-up for solid waste containers,
recyclables and yard trash.
3
The servIce standards for all customers in the County's solid waste system may
periodically change, and such changes will apply to those customers located within the City of
Ocoee. Notice of any such changes will be made known to customers through the County's
Solid Waste Division customer service procedures. A copy of any service changes will be
provided to the City at the address set forth herein, generally thirty (30) days in advance of any
such changes in customer service procedures. Solid waste collection, yard waste collection and
recycling collection services for customers within the City shall be at the same frequency and on
the same per-customer cost basis as is applicable to other customers served by the County. The
current level of service is:
Solid Waste Collection Services to be Provided
Basic Services to Be Provided and Frequency and Hours of Service. The following
basic Curbside Residential Solid Waste and Recyclable Collection Services may be provided
Monday through Saturday from 6:00 a.m. to 8:00 p.m., unless otherwise authorized by the
County. The services to be provided as described in the balance of this Section 4, and any
additional services that may be included in the County's Hauler Agreement, shall be provided by
the County-assigned Hauler.
Curbside Residential Garbage and Trash Collection Services. The County (through
its Hauler) shall collect from each Residential Premise in the City the contents of an unlimited
number of containers of Garbage, but no more than two containers of material from minor
household repairs and minor remodeling jobs, twice per week, with not fewer than three days
between regularly scheduled collections.
4
Curbside Vegetative Waste Collection Services. The County shall collect from each
Residential Premise in the City up to three cubic yards of Bundled Vegetative Waste once per
week. In the event the Customer sets out more than three cubic yards of Vegetative Waste on the
Vegetative Waste collection day, the County may ei~her collect all of the Vegetative Waste set
out or collect three cubic yards and place a tag on the remaining waste indicating that the amount
of Vegetative Waste set out exceeded the three cubic yard limit.
Curbside Bulk Waste Collection Services. The County shall collect from each
Residential Premise in the City up to three cubic yards of Bulk Waste once per week, except that
the County shall collect Freon-Containing Devices only when they are labeled certifying that
Freon has been removed or if from the appearance of the appliance it is apparent that it contains
no Freon.
Curbside Residential Recyclable Collection Services. The County shall collect from
each Residential Premise in the City the contents of an unlimited number of Recycling
Containers and paper kraft bags containing Recyclable Materials once per week. The County
shall separate Recyclable Materials at the curbside into two groups. The first group shall consist
of newspaper, brown paper grocery bags, and telephone directories. The second group shall
consist of glass, plastic bottles, aluminum and steel cans, aseptic packaging and other Recyclable
Materials added to the recycling program by the County. Items that are not to be included as
Recyclable Materials and discovered by the County during the sorting process shall be left in the
container. The County reserves the right to add or delete materials to the list of Recyclable
Materials that must be collected by the County and to add or delete component groups, so long as
5
the current recycling collection procedure is not materially impacted, as determined by the
County.
Community Cleanups. The County shall provide up to two community cleanups each
calendar year in accordance with the agreement between the hauler and the county.
Additional Services to be Provided
Collection of Additional Trash and Vegetative Waste. The County shall collect
Additional Trash and V egetative Waste from any Residential Premise within the City requesting
such service at the charge per cubic yard specified in the Hauler Agreement as Exhibit "A", as
same may be amended from time to time. The volume of waste material for which these
additional services are provided shall be agreed to in advance by the County and Customer. This
service shall not be exclusive to the County. Customer shall retain the option of engaging
another hauler for the collection of Additional Trash and Vegetative Waste.
Distribution and Reolacement of Recvclable and Garbaee Containers
Distribution of Recyclable Containers. The County shall ensure adequate distribution
of Recyclable Containers as supplied by the County to each Residential Premise in the City. The
title to these Recyclable Containers shall be vested with the County. Customers may use their
own containers or paper bags as long as they are suitable for the service.
Replacement of Containers Damaged by County. The County will replace at its
expense any Container or Recycling Container damaged through the fault or negligence of the
County or his employees. Replacement Recycling Containers or Containers designated for
Recycling for Residential Premises will be provided by the County with the cost for replacement
6
containers deducted from the County's monthly fees. The County shall replace the Recycling
Container promptly after request by the Customer or the City.
Replacement of Recyclable Containers Lost or Damaged by Customer. The County
will provide for distribution to the customer, replacement Recycling Containers or Containers
that were originally provided by the County and lost or damaged by the Customer or if the
Customer requests additional Recyclable Containers, or for new Customers. The County shall
provide the Recycling Container or Containers promptly after request by the Customer or the
City Manager or his designee. The County shall promptly deliver replacement Recycling
Containers, and shall monthly report all such replacements to the City. The County shall also
promptly deliver Recycling Containers or Containers as requested by the City on behalf of the
residential customers for the purpose of setting out excess Recyclable Materials or for new
residential customers within five (5) business days of the request by the customer or the County.
Manner of Collection. The County shall collect Garbage and Trash, Vegetative Waste,
Bulk Waste, and Recyclable Materials with as little disturbance as possible and shall leave any
receptacle at the same point it was collected.
Accessibility. The edge of all Garbage, Trash, Vegetative Waste, Bulk Waste, and
Recyclables to be collected must be placed by the Customer within six feet of the curb, paved
surface of the public road, closest accessible public right-of-way, or other such location agreed to
by the County that will provide a safe and efficient accessibility to the County's collection crew
and vehicle. In the event there is insufficient space between the curb and the sidewalk to place
Garbage, Trash, Vegetative Waste, or Bulk Waste, the materials shall be placed within two feet
of the sidewalk. For purposes of this Agreement, public road or public right-of-way means a
7
road owned and maintained by the County, City, the State, or special district, or a road on private
property for which an easement has been granted to the public and such road is constructed and
maintained to a standard whereby access is available by the collection vehicle. The County shall
provide Rear Door Collection services at no charge to the Customer to Disabled Persons who
have applied to the City in accordance with County requirements and have been authorized by
the County to receive such service. In the event that an appropriate location for Rear Door
Collection cannot be mutually agreed to by the Customer and the County Hauler, the County
Solid Waste Division shall designate the location for pickup. Other than when providing Rear
Door Collection, Hauler employees collecting Solid Waste and Recyclables will be required to
follow the regular walk for pedestrians while on private property.
Routes and Schedules. On or before November 1 of each year, the Hauler shall provide
an updated map of each route and the scheduled days for collection of Garbage, Recyclable
Materials, Vegetative Waste, and Bulk Waste. The Hauler shall keep route maps, schedules, and
Customer counts current at all times and shall abide by the schedules and routes filed with the
County Solid Waste Division. A copy of such route maps, schedules and Customer counts shall
be provided to City.
Changes to Routes and Schedules. The County may change the scheduled days for
collection and/or routes after consultation with the City and shall notify the City of such changes.
The County Hauler shall, at its expense, notify each affected Customer, by mail or other manner,
not less than one week prior to the change.
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Street Closures. The County shall not interrupt the regular schedule and quality of
Curbside Residential Solid Waste and Recyclable Collection Service because of street closures
or other denial of access.
Holidays. The following days shall be the County's holidays: Memorial Day,
Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day (except
that Vegetative Waste and Recyclable Materials shall be collected on New Year's Day if it is a
regularly scheduled collection day). Services not provided on the designated holidays shall be
provided on the next scheduled collection day for the type of service for Customers not serviced
because of the holiday. Customers not receiving Vegetative Waste collection service due to a
holiday shall be entitled to Vegetative Waste collection service limited to six cubic yards of yard
waste on the next scheduled pickup day for Vegetative Waste. No Bulk Waste collection service
shall be provided when a County holiday has occurred during that week.
Subscription Rear Door Collection. Upon the request of a Customer, Rear Door
Collection services may be provided at a charge not to exceed $8.50 per month per Residential
Premise. This amount is separate and apart from the compensation paid to the County for other
services provided under this Agreement.
Spillage. The County Hauler shall not litter or cause any spillage to occur upon the
Residential Premises, roadway, or the right-of-way wherein the collection shall occur. Spillage
of hydraulic fluids shall be cleaned in accordance with terms of contract with minimum delays
and closures to traffic.
No Biohazardous or Hazardous Waste. County shall not collect Biohazardous or
Hazardous Waste nor dispose of such waste at any Designated Facility. County shall refuse to
9
collect Solid Waste from a Customer if the County believes that such Solid Waste contains
Biohazardous or Hazardous Waste, and shall promptly notify the City of such occurrence. The
County shall have the right to inspect the Solid Waste and Recydables deposited or collected by
Customers at any time to determine whether such Solid Waste or Recyclables contains
Biohazardous or Hazardous Waste, and to take any necessary action to insure that Customer
ceases placement of such material into the Orange County system.
Services Durine and Followine Emel1!encv Conditions
Variances from Contracted Services. In the event of any emergency or natural
disaster, such as a hurricane, tornado, severe storm, or flood, the County may grant a variance
from regular routes and schedules and disposal sites for the time period in which the emergency
exists. The County shall make every effort through the local media to inform the public of
changes in County services resulting from the event and when regular service and schedules are
resumed. As soon as practicable after such natural disaster, the County shall advise the City
when it is anticipated that normal routes and schedules will be resumed.
Customer Services
Complaints. All complaints received by the City shall be forwarded to the County by
telephone, facsimile or electronic mail, where the complaint shall be documented and recorded
by the County on a form approved by the County. The complaint shall be resolved after it is
received by the County. Customers in the City shall receive the same level of service as
customers in the County as it relates to resolution of complaints, except that customer complaints
may be made directly to the City which will then coordinate with the County regarding the
resolution of such complaints.
10
Customer Noncompliance. When Garbage, Trash, Vegetative Waste, Bulk Waste, or
Recyclable Materials are not prepared properly for collection, the County shall provide written
notification to the Customer of the reason the material in question was not collected and provide
the Customer information on how to properly prepare the materials for collection. The initial
contact shall be by the County's Franchised Hauler collection crew by leaving a written notice or
tag on the container of the material in question.
New Customers. City shall notify the County Solid Waste Division when new
customers require collection services. The County shall respond to a new Customer entitled to
Solid Waste and Recyclable Collection Service and shall furnish to new Customers recycling
bins, collection schedules, rates, brochures, and written materials provided by the County.
Public Awareness. The County shall periodically deliver to Customers in the City any
brochures or other written materials in connection with the County's Public Awareness Program.
Additionally it is the County Hauler's responsibility to provide information about those
customers who repeatedly do not prepare or set out their Recyclable Material or solid waste as
specified within this Contract to the County.
County Designates Hauler. The County shall designate the hauler who will provide
service within the City of Ocoee. The County may change the designated hauler from time to
time.
Section 5. Costs to the City.
A. Monthly Service Charges. Monthly service charges for residential solid
waste collection and disposal services will be billed by the County to the City. The costs of
residential solid waste collection and disposal will initially include garbage collection twice per
11
week, yard waste once per week and recyclables collection once per week. Monthly service
charges will be billed on a monthly basis in advance to the City of Ocoee. For the year 2004,
this amount is $146.06. The monthly charge to the City ofOcoee per customer will be $146.06
divided by 12, or $12.17 per customer. This sum will be payable by the last day of the month, in
advance, by the City at the following address:
Solid Waste Collection
c/o Orange County Utilities Customer Service Division
109 East Church Street
Orlando, Florida 3280 I
County shall notify the City of the tentative rate as soon as practical and no later than the last day
of July of each year for budgetary purposes. The County shall notify the City of the final rate
upon adoption by the Board of County Commissioners.
B. Special Assessments. The City and the County agree that the City may, at
its option, elect to have customer service charges collectable as described herein. The County
currently collects an annual solid waste collection and disposal fee on the tax bill of residential
customers in unincorporated Orange County under the County's mandatory solid waste disposal
ordinance. The City and the County agree that this mechanism may be utilized to collect the
service charges for customers located within the City as soon as practicable after notice of
election of this means of collection by the City. The County implements the special assessment
pursuant to Section 125.01(1)(r), Florida Statutes. The County annually passes required
resolutions to set the amount of the annual special assessment; provide notice to affected
property owners; provide notice to the Property Appraiser and Tax Collector concerning the
properties covered by the special assessment (the assessment roll); and, otherwise handles
administration of the special assessment. Special assessments imposed by counties pursuant to
12
Chapter 125, Florida Statutes, may become applicable within the City if the City concurs by
passing an ordinance allowing this special assessment to be effective within the City. To that
end and subject to adoption by the City of the requisite ordinance at a future date, it is an option
that the charges by the City to the City customers for residential solid waste collection and
disposal services will end when the special assessment is valid for customers within the City and
when such charges are actually collected through that mechanism. The steps in that process will
be to add City customers to the assessment roll, to include City customers in the County's special
assessment program for residential solid waste collection and disposal, and, upon City adoption
of an ordinance, to authorize special assessment for residential solid waste collection and
disposal within the City through the term of this Agreement. Should the special assessment
process not be adopted or fully implemented within the City or as to particular customers, the
City and the County agree that the County will bill the City on a monthly basis in advance, and
the City will in turn bill the affected City customers, on a monthly basis for residential solid
waste collection disposal services as outlined in this Agreement, or elect to levy a. non-ad
valorem assessment on City customers. Any billing done by the City whether on a monthly basis
or by adoption of a non-ad valorem assessment may be at such rates and charges as are
determined by the City Commission of the City, which rates and charges may be different from
those charged to other County customers. The County recognizes that the City will have certain
administrative and other charges associated with this Agreement which are in addition to the
charges imposed by the County.
13
Section 6.
A.
B.
C.
D.
Termination.
This Agreement may be terminated by the mutual agreement of the City
and the County. Such termination shall occur at and coincide with the
expiration of the contract between the County and the hauler designated
by the County to provide collection services to Ocoee, and shall require
eighteen (18) months written notice prior to said expiration date.
This Agreement may be terminated by the City if the County fails to
deliver the solid waste collection services to significant numbers of city
residential customers, and if this failure to provide such services is not
cured within fifteen (15) days of notice of such failure. "Significant
numbers" of city residential customers shall be defined as the same fifty
(50) residential customers during a calendar year.
This Agreement may be terminated by the County should the City fail to
pay to the County the monthly service charges described in paragraph 5A
when due; provided, that the County shall first give the City written notice
of such default.
Opportunity to cure defaults shall be afforded by each party to the other,
as agreed by the parties. During any cure period, the County shall
continue to provide residential solid waste collection services and the City
will continue to pay all sums then due to the County for services under this
Agreement.
14
E.
If residential solid waste collection service charges have been made
subject to a special assessment, pursuant to Section 5B of this Agreement,
then this Agreement may only terminate on December 31 of the
assessment year.
Section 7.
Notices.
Any notice required or allowed to be delivered hereunder shall be in writing and be
deemed to be delivered when (i) hand delivered to the official hereinafter designated, or (ii) three
days after the date on which deposited in the United States mail, postage prepaid, certified mail
return receipt requested, and addressed to a party at the address set forth opposite the party's
name below, or such other address as the party shall have specified by written notice to the other
party delivered in accordance herewith:
If to the County:
Orange County Utilities Department
Suite 400
109 East Church Street
Orlando, Florida 32801
Attn: Director
With copy to:
Orange County Attorney's Office
Orange County Administrative Center
201 South Rosalind Avenue
Orlando, Florida 32801
If to City:
City Manager, City of Ocoee
150 Lakeshore Drive
Ocoee, Florida 34761-2258
With copy to:
Director of Public Works
City of Ocoee
150 Lakeshore Drive
Ocoee, Florida 34761-2258
15
Section 8. Counterparts.
This Agreement may be executed in any number of counterparts, each of which when
executed and delivered, shall be an original, but all counterparts shall together constitute one and
the same instrument.
Section 9. Entire Agreement.
This Agreement constitutes the entire agreement of the parties with respect to the subject
matter hereof, and may not be modified or amended except by a written instrument equal in
dignity herewith and executed by the parties to be bound thereby.
Section 10. Severability.
If any part of this Agreement is found invalid or unenforceable by any court, such
invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and
obligations of the parties contained therein are not materially prejudiced and if the intentions of
the parties can continue to be effectuated. To that end, this Agreement is declared severable.
Section 11. Governing Law; Venue
This Agreement shall be governed by and construed in accordance with laws of
the State of Florida. If any legal proceeding is commenced pursuant to this Agreement, it
shall be filed in the State Courts in Orange County, Florida.
Section 12. Existin1! Citv A1!reement.
The City has provided the County with a copy of the City of Ocoee Residential Yard and
Bulky Waste Collection and Disposal Agreement, dated August 30,2001 between the City and
Superior Waste Services of Florida, Inc. ("Superior") (the "Existing Contract"). Pursuant to the
Existing Contract, Superior is obligated to collect all yard waste (regular and bulk) from all
single-family residences within the City and to perform other services as described therein (the
16
"Existing Services"). The term ofthe Existing Contract runs through August 31,2006. The
Existing Services provided by Superior under the Existing Contract overlap with certain services
to be provided by the County pursuant to this Agreement. Notwithstanding any provision
contained herein to the contrary, for so long as Existing Contract is in effect neither the County
nor the private hauler assigned by the County to service the City shall perform the Existing
Services which are the responsibility of Superior under the Existing Contract. The City
acknowledges that the County will be charging the City the same rate charged to County
customers which rate includes services comparable to (but not necessarily identical to) those
provided by Superior under the Existing Contract and that the rate charged to the City will not be
discounted based on the exclusion of the services covered by the Existing Contract. Commencing
September 1, 2006, the County will commence providing all services called for pursuant to this
Agreement and the exclusion set forth in this Section shall be applicable. Further, should the City
and Superior terminate the Existing Contract, then the County will commence providing all
services called for pursuant to this Agreement and the exclusion set forth in this Section shall be
applicable; provided, however, that the City shall give the County at least 30 days notice of the
termination date of the Existing Contract, and the County shall commence providing the service
as soon as possible.
Section 13. Effective Date.
This Agreement shall become effective upon the date of execution of the last of
the parties hereto (the "Effective Date").
17
WITNESS following signatures and seals:
ORANGE COUNTY, FLORIDA
By: Board of County Commissioners
By:
Richard T. Crotty
County Chairman
Date:
ATTEST: Martha O. Haynie, County Comptroller
As Clerk of the Board of County Commissioners
By:
Deputy Clerk
18
CITY OF OCOEE, FLORIDA
ATTEST:
Jean Grafton, City Clerk
((SEAL))
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
, 2004.
FOLEY & LARDNER
By:
S:\RGuthrie\AGRCNT\InterIocaI with City ofOcoee for Solid Waste 1121 03.rtf
By:
S. Scott Vandergrift, Mayor
Date:
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON , 2004,
UNDER AGENDA ITEM NO.
19
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Administrative Cost Calculations
Solid Waste Options
Orange County Private Hauler
Manager 80,180
Inspector 27,435 54,870
Customer Service 56,880 56,880
Billing (Personnel) 16,510 16,510
Postage, Bills, Supplies 17,000 17 ,000
New Vehicle 4,800
Maint. & Fuel 3,000 6,000
Insurance 800 800
Communication 500 1,100
Uniforms 300 600
Containers 25,000
Auditing 8,900 8,900
Supplies & Fees 2,000 4,000
Total Annual Cost 133,325 276,640
Cost Per Month 11,110 23,053
Customers 8,570 8,570
Rate/Customer 1.30 2.69
O~E
cftuNty
GOVERNMENT
fLORIOA
Interoffice l\temorandum
April 11, 2003
TO:
Michael L. Chandler, Director
Utilities Department
FROM:
James Becker, Manager _ 11 ~ ~
Salid Waste Divisian ~)r1I ~.
Ran Nielsen, Manager I
Utilities Fiscal & Administrative Suppart Divisian
SUBJECT: Calendar Year 2004 Callectians Price Adjustment and MSTU Rate
Recammendatian far the Mandatary Refuse and Recycling Programs
As yau knaw, the Orange Caunty Residential Salid Waste and Recyclable
Callectian Franchise Agreement, Y1-176 established a basis far adjusting the
callectian payment to. the franchise haulers after the first 12 manths af the
cantract. This adjustment must be calculated at this time af year to. ensure that the
callectian expense far the next budget year is properly budgeted.
Additianally, the callectian expense is an integral campanent af the MSTU. As
such, analysis must be perfarmed to evaluate the impact of the collection
companent an the MSTU for the next calendar year and to. determine whether an
adjustment to. the MSTU is warranted.
The purpose af this memorandum is to provide you with the revised collection
costs far each zone far implementatian in January 2004 and aur MSTU
recommendation far program year 2004.
Background
The MSTU far calendar year 2002, the first year under the new contract, and for
calendar year 2003 included the following campanents:
Hauler Callection Compensation
Dispasal Casts
Program Administratian
Calculated MSTU
2002
$ 92.25
$ 45.19
$ 8.62
$146.06
2003
$ 92.79
$ 45.50
$ 8.56
$146.85
Actual MSTU
$146.06
$146.06
The hauler collection compensation component represents the average collection
price per household for all of the zones in the program. Using a system average is
necessary because the competitive bidding process established collection prices
that varied among the 5 zones.
The disposal cost component represents the average annual waste generation
rate per program household over the past 8 years for Class I garbage and yard
waste, multiplied by the respective tipping fees for calendar year 2002 and the
average waste generation rate per program household over the last 9 years for
calendar year 2003.
The program administration component represents the cost per household for
operation and administration of the Mandatory and Recycling programs based on
the proposed fiscal year budget, excluding collection and disposal costs.
The variance between the funding provided by the existing MSTU of $146.06 and
the program year 2003 costs of $146.85 was $0.79 per household. To maintain
rate stability to our customers, we utilized reserves to fund this shortfall.
Analysis
Calendar Year 2004 Hauler Collection Compensation
Utilizing the Consumer Price Index methodology established in the franchise
contract, each zone will be eligible for an increase of 0.17% for calendar year
2004. After applying this increase to each of the 5 zones and projecting customer
growth for 2004, the average system cost for collection increases from $92.79 to
$93.25, or an increase of $0.46. (Attachment 1)
A summary of the hauler collection compensation rates by zone, along with the
breakdown of the compensation expense between the two programs is provided in
Attachment 2. The Year three hauler compensation rates should be implemented,
beginning January 2004.
Disposal Component
The program year one disposal component of $45.19 was derived from historic
waste generation data. This data provided us with an average Class I tonnage
generation rate of 1.16 tons per household and an average yard waste generation
of 0.34 tons per household. This analysis was updated for program year two to
1.17 tons of Class 1 and 0.34 tons for yard waste. This brought the program year
two disposal component to $45.50.
Since we have completed program year one of the FranchIse Agreement at this
time, we changed our methodology to determine the disposal component. The
program year three dIsposal component is based on ttle actual tonnage that was
noli\/oror4 fr\ fhr\ ~\,rf,......~....... .r-'> n..-ro.............,.....-..... . ......__ __ _ '-1_ ..
program year one was 1.27 tons of Class I and .31 tons of Yard Waste. This
calculates to a disposal component of $47.74 for program year 3. (Attachment 3)
Proqram Administration Component
For Fiscal Year 2004, budgeted program costs are calculated at $3.40 per
household for Mandatory Refuse and $3.91 for Residential Recyding, for a total of
$7.32 per household. This represents a reduction of $1.24 from the $8.56
component in the current MSTU component.
Cost Component Total
Based on our analysis of the individual cost components that comprise the MSTU
for calendar year 2004, it would appear that an increase of $2.24, from $146.06 to
$148.30, or 1.53% would be warranted (Attachment 4). When compared to the
budgeted rate for program year two this is an increase of $1.45 or 0.98%.
MSTU Component 2002 2003 2004 Variance
Hauler Collection Compensation $ 92.25 $ 92.79 $ 93.25 +$0.46
Disposal Costs $ 45.19 $ 45.50 $ 47.74 +$2.24
Proqram Administration $ 8.62 $ 8.56 $ 7.32 -$1.24
Total MSTU $146.06 $146.85 $148.30 $1.45
MSTU Rate per Customer $146.06 $146.06
Recommendation
The variance between the funding provided by the existing MSTU of $146.06 and
the program year 2004 costs of $148.30 is $2.24 per household. With a 2004
household projection of 173,355, the impact of this variance is $388,315.
In evaluating the existing and projected cash reserves of the Mandatory and
Recycling programs, we recommend utilizing reserves to fund this shortfall in
program year 2004 and maintain rate stability to our customers. As such, it is our
recommendation to maintain the MSTU for program year 2004 at $146.06.
If you have, any questions regarding this recommendation please contact Fritz
Goode, Helaine Zarek, or me.
c: Fritz Goode, Utilities Section Manager, Utilities Fiscal & Administrative Support
Glenn Kramer, Utilities Section Manager, Utilities Fiscal & Administrative Support
Helaine Zarek, Utilities Finandal Analyst, Utilities Fiscal & Administrative Support
Attachment 1
Summary of Hauler Collection Compensation Adjustment Methodology
Collection Component - Combined Service Hauler Compensation
Projected
Contractor Annual Rate Customers Compensation
Service Area 1
Service Area 2
Service Area 3
Service Area 4
Service Area 5
$69.41
$99.76
$102.54
$93.11
$101.21
34,917
33,397
36,525
33,378
35,137
$2,423,634
$3,331,841
$3,745,468
$3,107,884
$3,556,405
173,355
$16,165,233
MSTU Collection Component
$93.25
Attachment 2
Hauler Collection Compensation Summary
Year 1 CY Year 2 CY Year 3 CY %
Zone District Vendor Customer ID 2002 2003 2004 Difference Difference
Zone 1 331 Onyx Waste Services of Florida, Inc. 597 $ 68.88 $ 69.29 $ 69.41 $ 0.12 0.17%
Zone 2 332 Waste Manaement Inc. of Florida 598 $ 99.00 $ 99.59 $ 99.76 $ 0.17 0.17%
Zone 3 333 Reoublic Services of Florida LP 599 $ 101.76 $ 102.37 $ 102.54 $ 0.17 0.17%
Zone 4 335 Waste ManQement Inc. of Florida 600 $ 92.40 $ 92.95 $ 93.11 $ 0.16 0.17%
Zone 5 336 Reoublic Services of Florida LP 601 $ 100.44 $ 101.04 $ 101.21 $ 017 0.17%
Program Break Down:
Mandatory Refuse Program Compensation
Year 1 CY Year 2 CY Year 3 CY %
Zone District Vendor Customer 10 2002 2003 2004 Difference Difference
Zone 1 331 Onyx Waste Services of Florida, Inc. 597 $ 58.33 $ 58.68 $ 58.78 $ 0.10 0.17%
Zone 2 332 Waste ManQement Inc. of Florida 598 $ 83.83 $ 84.34 $ 84.48 $ 0.14 0.17%
Zone 3 333 Reoublic Services of Florida LP 599 $ 86.17 $ 86.69 $ 86.83 $ 0.15 0.17%
Zone 4 335 Waste Manaement Inc. of Florida 600 $ 78.24 $ 78.71 $ 78.85 $ 0.13 0.17%
Zone 5 336 Reoublic Services of Florida LP 601 $ 85.05 $ 85.56 $ 85.71 $ 0.15 0.17%
Residential Recycling Program Compensation
Year 1 CY Year 2 CY Year 3 CY %
Zone District Vendor Customer 10 2002 2003 2004 Difference Difference
Zone 1 331 Onyx Waste Services of Florida, Inc. 597 $ 10.55 $ 10.62 $ 10.63 $ 0.02 0.17%
Zone 2 332 Waste ManQement Inc. of Florida 598 $ 15.17 $ 15.26 $ 15.28 $ 0.03 0.17%
Zone 3 333 Reoublic Services of Florida LP 599 $ 15.59 $ 15.68 $ 15.71 $ 0.03 0.17%
Zone 4 335 Waste ManQement Inc. of Florida 600 $ 14.16 $ 14.24 $ 14.26 $ 0.02 0.17%
Zone 5 336 Republic Services of Florida LP 601 $ 15.39 $ 15.48 $ 15.51 $ 003 0.17%
...
Attachment 3
Allocation for Residential Disposal
Class I Annual Avg LBSfHH Yard Waste Annual Avg IbsfHH Estimated Total Annual LBSfHHTons
1993 2.175.24 72159 2,89683 145
1994 2,36119 786.51 3,14771 1,57
1995 2,31377 70688 3,02065 1,51
1996 2,37783 655,66 3,03348 1,52
1997 2.37468 559.76 2.93444 147
1998 2,33684 610,57 2.94741 147
1999 2.21970 630.94 2,85064 143
2000 2,38063 747,51 3,12814 1,56
2001 2,505.09 703,77 3,20886 1,60
2002 2,54708 613,86 3,160,93 1.58
CY 2002
8 Year Avg
Tipping Fee
Disposal Cost per
Household
1,16 0,34 1,50
$3065 $28,35
$3555 $964 $451 9
1,17 0,34 1 51
$30 65 $28,35
$35 86 $964 $4550
1,27 0,31 1,58
$3065 $28 35
$3903 $870 $47.7 4
CY 2003
9 Year Avg
Tipping Fee
Disposal Cost per
Household
CY 2004
CY 2002 Actual
Tipping Fee
Disposal Cost per
Household
Attachment 4
Mandatory Refuse and Recycling MSTU Worksheet - Projected Year 2
Step 1: Collection Component - Combined Service Hauler Compensation
Projected
Contractor Annual Rate Customers Compensation
Service Area 1 $69.41 34,917 $2,423,634
Service Area 2 $99.76 33,397 $3,331,841
Service Area 3 $102.54 36,525 $3,745,468
Service Area 4 $93.11 33,378 $3,107,884
Service Area 5 $101.21 35,137 $3,556,405
173,355 $16,165,233
MSTU Collection Component $93.25
Step 2: Disposal Component
Category T onslHH Tipping Fee Disposal CostlHH
Class I 1.27 $30.65 $39.03
Yard Waste 0.31 $28.35 $8.70
MSTU Disposal Component $47.74
Step 3: Program Administration Component
(A) Mandatory Refuse Program
Estimated Program Expenses $590,102
MSTU Program Administration - Mandatory $3.40
(8) Recycling Program
Estimated Program Expenses $678,040
MSTU Program Administration - Recycling $3.91
Total Program Administration Component $7.32
Step 4: Grand Total MSTU $148.30
Current MSTU:
Variance:
$146.06
$2.24
Residential Solid 'Vaste and Recyclable Collection
Franchise Agreement
Yl-176A-SI
Between
Orange County, Florida,
and
Onyx 'Vaste Services of Florida, Inc.
for Franchise Area 1
August 3, 2001
Page 1 of29
Contents
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
Section 10.
Section 11.
Section 12.
Section 13.
Section 14.
Section 15.
Section 16.
Section 17.
Section 18.
Section 19.
Section 20.
Section 21.
Section 22.
Section 23.
Section 24.
Section 25.
Section 26.
Section 27.
Section 28.
Section 29.
Section 30.
Section 31.
Section 32.
Section 33.
Section 34.
Ternl of Agreement
Definitions and Interpretations
Franchise Area
Services to be Provided
Service Changes for Public Welfare
Title to Solid Waste and Recyclable
Office and Equipment Yard
Vehicles and Equipment
Contractor Personnel
Employee Wages and Benefits
Pernlits and Licenses
Performance Bond
Insurance
Financial Reports
Payment for Services
Administrative Charges to Contract r for Failure to PCrfOlTIl
Default of Contract
Indemnification
Right to Require Performance
Governance Law and V cnue
Compliance with Laws
Change of Law
Severability
Assignment and Subletting
Modification of Agreement.
Independence of Partics
Annexations
Public Entity Crimes
Drug Free Work Place
Non-Discrimination
Resolution of Disputes
Point of Contact
Notices
Informed Consent
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This Agreement is hereby made and entered into this 3rd day of August 2001, between Orange
County, Florida, hereinafter referred to as "County," and Onyx Waste Services of FIOlida, Inc.,
hereinafter referred to as "Contractor." in consideration of the mutual promises and agreements
contained herein and other good and valuable consideration, the receipt and sufficiency are
hereby acknowledged, the parties agree as follows:
Section 1. Term of Agreement
The term of this Agreement shall be for the peri od beginning December 31, 2001, and expiring
December 31, 2008. This Agreement may be rene\ved or extended for successive periods not to
exceed sevcn years each, under the same tenns and conditions as the initial term, including
amendments, provided thc Board of County Commissioners approves each extension and the
renewal of Contractor's franchise prior to the end of each term.
Section 2. Definitions and Interpretations
To the extent the definitions contained herein conflict with similar definitions contained in any
federal, state or local law, the definition herein shall prevail. However, nothing contained herein
shall be interpreted to requirc the Contractor to undertake any conduct that is contrary to federal,
state or local law.
Additional Trash and Vegetative \Vaste shall mean any waste material collected over and above
that amount specifically allowed of each Consumer under this Agrecment, for the collection of
which the Contractor shall be allowed to directly charge the Consumer.
Affiliated Interest shall mean an interrelationship in which the Contractor owns, directly or
indirectly, ten percent or more of the voting securities of another Contractor or cxercises a strong
influence through participation in or representation on its Board of Directors, holds debts or assets
of another Contractor in a manner to exercise effective control over any phase of its operation or
contracts with the other through a management or service contract for a substantial portion of the
work to be perforn1ed, or a Contractor is subject to the control of another or is related to another
Contractor by maniage or family tie closer than the second degree of consanguinity at common law.
Biohazardous or Biomedical \Vastes shall mean those wastes which may cause disease or
reasonably be suspected of harboring pathogenic organisms; included, but not limited to, waste
resulting from the operation of medical clinics, hospitals, and other facilities producing wastes
which may consist of, but are not limited to, diseased human and animal parts, contaminated
bandages, pathological specimens, hypodennic needles, contaminated clothing and surgical gloves.
Board of County Commissioners or BCC shall mean the Board of County Commissioners of
Orange County, Florida.
Bulk Trash shall mean any' non-vegetative item which cannot be containerized, bagged, or
bundled; including, but not limited to, inoperative and discarded refrigerators, ranges, toilets,
pool heaters, water softeners, pianos, washers, dryers, bath tubs, water heaters, sinks, bicycles,
and other similar domestic appliances, household goods and furniture and shall not be
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commingled with Vegetative Waste. A consumer's bulk trash may not be collected if deternlined
by the director to be incompatible with collection equipment, the County's waste management
system, or of such weight or quantity as would significantly hinder the effectiveness of the
collection or disposal system .
Collection shall mean the process whereby Garbage, Trash, Bulk Trash, Vegetative Waste and
Recyclable Material is removed and transported to a Designated Facility.
Compactor shall mean any container which has compaction mechanism(s), whether stationary or
mobile, all inclusive.
Construction and Demolition Debris (C&D) shall mean materials generally considered to be not
water soluble and non-hazardous in nature, including, but not limited to, steel, glass, brick, concrete,
roofing material, pipe, gypsum wallboard, and lumber from the construction or destruction of a
stmcture as part of a constmction or demolition project. Mixing of a de minimis amount of waste
other than C&D from the constmction site will not automatically cause it to be classified as other
than C&D.
Consumer shall mean a person directly recelvmg Solid Waste and Recyclable Collection
Service as provided by Orange County Ordinance, meaning persons possessing or residing at a
Residential Premise entitled to Solid Waste and Recyclable Collection Service.
Container or Garbage Can shall mean any commonly available light gauge steel, plastic, or
galvanized receptacle of a non-absorbent material, closed at onc end and open at the other, furnished
with a closely fitted top or lid and handle(s). A Garbage Can is also defined as a heavy duty,
securely tied, plastic bag designed for use as a garbage receptacle. Such container including waste
materials shall not exceed fifty (50) gallons in capacity or sixty (60) pounds in weight, unless a
Contractor implements (with written authorization from the Contract Manager or her or his
designee) an automated or semi-automated collection system requiring the use of some other
standard receptacle compatible with the Contractor's equipment supplied by the Contractor and
approved by the County. A cardboard box may also be used as a Garbage Can, provided the
contents do not contain a levcl of moisture as to saturate the box and weaken its walls.
Containerized Residential Solid \Vaste Collection Service shall mcan solid waste collection
service of all Dwelling Units whose Garbage, Trash, Bulk Trash or Vegetative Waste is collected by
means of a central or shared Container and not by means of a Garbage Can. Vegetative Waste shall
not be commingled with Garbage, Trash, or Bulk Trash.
Contract or Agreement shall mean this document, general terms and conditions, special terms
and conditions, exhibits, and other documents that are expressly incorporated by reference, and
any written amendments or modifications as expressly approved by the County and Contractor.
Contractor shall mean that person or entity set out initially above that has entered into this
Agreement to provide the services described herein.
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Contract Manager shall mean the person designated by the County who shall act as the County's
representative during the term of this Agreement.
County shall mean Orange County, Florida.
Curbside Residential Recyclable Collection Service shall mean the Collection by the Contractor
of Recyclable Materials placed at the curb from all Consumers in the Franchise Area, and the
delivery of those Recyclable Matelials to the County's Materials Recovery Facility or other
Designated Facility.
Curbside Residential Solid Waste Collection Service shall mean Collection of Residential Solid
Waste and Vegetative Waste for all Consumers in the Franchise Area.
Department shall mean the Orange County Public Works Department.
Designated Facility shall mean the facility or facilities to which the Contractor will deliver solid
waste and recyclables, as specified in tillS Agreement.
Disabled Persons shall mean persons who are certified by a licensed physician to be physically
unable to transport garbage and/or recyclable materials to curb or road frontage area from other
areas of the person's residential property and who reside alone or reside only with other persons
likewise unable to transport garbage and/or recyclable materials to curb or road frontage area.
Franchise Area or Sanitation District shall mean that geographical area identified in this
Agreement and as described in Exhibit 2 to this Agreement. Orange County may adjust the
boundary of any Franchise Area at any time dUling the duration of this Agreement.
Freon-Containing Devices shall mean appliances or devices that contain or may release Freon,
including, but not limited to refrigerators, freezers, air conditioners, and dehumidifiers.
Garbage shall mean all putrescible waste which generally includes but is not limited to kitchen and
table food waste, animal, vegetative, food or any organic waste that is attendant with or results from
the storage, preparation, cooking or handling of food materials whether attributed to residential or
commercial activities. Vegetative Waste shall not be commingled with Garbage in the same
collection. Garbage shall not include any material that falls within the definition of Special Waste.
Hazardous Waste shall mean solid waste as defined by the State of Florida Department of
Environmental Protection as a hazardous waste in the State of Florida Administrative Code, or by
any future legislative action or by federal, state or local law.
Materials Recycling Facility (MRF) shall mean any facilities operated or managed by, for, or on
behalf of the County' for the purpose of receiving, sorting, processing, storing, and/or preparing
Recyclable Materials for sale, as specifically designated in this Agreement or by the Contract
Manager to which Recyclable Materials are to be delivered.
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Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues,
phone books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper,
junk mail, notebook paper and any other clean paper products.
Peak Times shall mean the peliod between November 1 of a given year and April 30 of the
following year, unless otherwise specified by the County.
Public Awareness Progra'm shall mean that program developed by the County to inforn1 and
encourage residential solid waste Consumers to use all solid waste and recycling collection services
offered by the County through this Agreement. It shall also mean infoDnation concerning level of
service and changes in scope of service.
Rear Door Collection shall mean services rendered by a Contractor whereby the Contractor
collects, at a minimum, Garbage twice per week and Recyclable Materials once per week from
the side or rear of the residential premises within an area no further than one hundred feet from
the curb or other public road frontage.
Recyclable or Recyclable Material shall mean newspapers (including inserts), aluminum, plastic
containers, glass bottles and jars, milk and juice cartons, aseptic containers, corrugated cardboard,
brown paper bags, Mixed Paper, tin and ferrous cans, household dIy-cell batteries (no wet-cell
batteries), and other materials that the County may add, when such materials have been either
diverted from the remaining solid waste stream or removed prior to their entry into the remaining
solid waste stream.
Recyclable Container shall mean a rigid container made of plastic or other suitable substance that
is used for the storage of Recyclable Materials.
Residential Solid Waste shall mean Garbage, Trash and Bulk Trash resulting from the nODnal
housekeeping activities of a Dwelling Unit, but shall not include Vegetative Waste. Residential
Solid Waste shall also mean Construction and Demolition Debris (C&D) resulting from minor
home repair from the Dwelling Unit.
Residential Premise shall mean each and every lot or parcel of land that is improved for
occupancy as a single family residence, duplex, triplex, quadraplex, or individually-owned
mobile home park not exceeding four (4) units. For purposes of calculating the number of
Residential Premises, each dwelling unit shall constitute a separate unit.
Roll-off Collection Service shall mean the Collection of C&D only roll-off containers, or the
Collection of C&D by other mechanical means, within temporary locations in the Franchise, limited
to new construction sites and remodeling or refurbishn1ent sites, or horticultural wastes when the
Consumer chooses to use roll-off containers for horticultural waste, and horticultural waste shall not
include any other type of waste, including, but not limited to, Special Waste, Garbage, or
Recyclable Material.
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Sludge shall mean a solid or semi-solid, or liquid generated from any waste water treatment plant,
water supply treatment plant, air pollution control facility, septic tank, grease trap, portable toilets
and related operations, or any other such waste having similar characteristics or effects.
Solid Waste Disposal Facility shall mean place or places specifically managed or operated by the
County, as specifically designated in this Agreement or by the Contract Manager to which Solid
waste is to be delivered.
Solid Waste shall mean Garbage, Trash, Bulk Trash, and Vegetative Waste.
Special Services shall mean any services requested or required by the Consumer that are in addition
to, or a change in, Curbside Residential Solid Waste Collection Service and Curbside Residential
Recyclable Collection Service.
Special Waste shall include wastes that require special handling and management including, but not
limited to, Freon-Containing Devices, waste tires, used oil, lead-acid batteries, automobiles, boats,
internal combustion engines, waste tires, Sludge, dead animals, septic tank waste, Biohazardous or
Biomedical Waste, liquid waste, and Hazardous Waste. Special Waste may also include items
deternlined by the Contract Manager to be reasonably unmanageable.
Subscription Rear Door Collection. Collection service provided by the Contractor upon the
request of a Consumer comparable to Rear Door Collection. This service is authorized under this
Agreement but is not provided as a part of this Agreement.
Trash shall mean all refuse, accumulation of paper, rags, wooden or paper boxes and containers,
sweepings, broken toys, tools, utensils, and all other accumulations of a similar nature other than
Garbage, which are usual to housekeeping, but shall not include Vegetative Waste.
Uncontrollable Force shall mean any event that results in the prevention or delay of performance
by a party of its obligations under this Agreement and which is beyond the reasonable control of the
non-pel'fonning party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms,
lightnin:, epidemic, war, riot, civil disturbance, sabotage, and governmental actions that prevent the
Contractor from perfom1ing for a finite period of time. Labor dispute, including strikes and
slowdowns, is not an Uncontrollable Force.
Vegetative Waste or Yard Waste - Bundled shall mean any vegetative matter resulting from yard
and landscaping maintenance by any party and shall include materials such as tree and slmlb
materials, grass clippings, palm fronds, tree branches and similar other matter usually produced as
refuse in the care of lawns, landscaping and yards. All grass clippings, leaves, pine needles, and
similar small loose items must be bagged or containerized. V egetative Waste must be separated
from garbage, trash, and bulk waste and, except palm fronds, must be bundled and be no more than
six (6) feet in length, and no single item shall weigh more than 60 pounds, and shall be placed
neatly at the curb. Natural Christmas trees will be collected as Vegetative Waste and any section
must not be more than 8 feet in length and must be under 60 pounds.
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Section 3. Franchise Area
The Contractor shall provide Curbside Residential Solid Waste Collection and Curbside
Residential Recyclable Collection Services in Franchise Area 1. These services shall be
provided to all current and future Consumers in accordance with the Level of Service described
in this Agreement.
Exclusive Franchise. The authority to provide Residential Solid waste and Recyclable Collection
Services in the Franchise Area shall be exclusive to the Contractor. No other person or entity except
the Contractor may offer or provide Residential Solid Waste Collection Service or Residential
Recyclable Collection Service in the Franchise Area. The County agrees to assist the Contractor in
taking timely action against any entity violating the provisions ohhis Section.
Services Not Exclusive to the Contractor. Residential Solid Waste collection services provided
by the Contractor under this Agreement but which are not exclusive to the Contractor are Additional
Trash and Vegetative Waste Collection, Roll-off container services, and collection of conIDlercial
garbage and trash.
Section 4. Services to be Provided
Basic Services to Be Provided and Frequency and Hours of Service. The following basic
Curbside Residential Solid Waste and Recyclable Collection Services may be provided Monday
through Saturday from 6:00 a.m. to 8:00 p.m., unless otherwise authorized by the Contract
Manager:
Curbside Residential Garbage and Trash Collection Services. The Contractor shall collect
from each Residential Premise in the Franchise Area the contents of an unlimited number of
containers of Garbage, but no more than two containers of material from minor household
repairs and minor remodeling jobs, twice per week, with not fewer than three days between
regularly scheduled collections. Contractor shall thoroughly empty containers.
Curbside Vegetative \Vaste Collection Services. The Contractor shall collect from each
Residential Premise in the Franchise Area up to three cubic yards of Bundled Vegetative Waste
once per week. In the event that the Consumer sets out more than three cubic yards of
Vegetative Waste on the Vegetative Waste collection day, the Contractor may either collect all
of the Vegetative Waste set out or collect three cubic yards and place a tag on the remaining
waste indicating that the amount of Vegetative Waste set out exceeded the three cubic yard limit.
Curbside Bulk Waste Collection Services. The Contractor shall collect from each Residential
Premise in the Franchise Area up to three cubic yards of Bulk Waste once per week, except that
the Contractor shall collect Freon-Containing Devices only when they are labeled certifying that
Freon has been removed or if from the appearance of the appliance it is apparent that it contains
no Freon.
Curbside Residential Recyclable Collection Services. The Contractor shall collect from each
Residential Premise in the Franchise Area the contents of an unlimited number of Recycling
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Containers and paper kraft bags containing Recyclable 11aterials once per week. The Contractor
shall separate Recyclable Materials at the curbside into two groups. The first group shall consist
of newspaper, brown paper grocery bags, and telephone directories. The second group shall
consist of glass, plastic bottles, aluminum and steel cans, aseptic packaging and other Recyclable
Materials added to the recycling program by the County. Items that are not to be included as
Recyclable Materials and discovered by the Contractor during the sorting process shall be left in
the container. The County reserves the right to add or delete materials to the list of Recyclable
Materials that must be collected by the Contractor and to add or delete component groups, so
long as the current recycling collection procedure is not materially impacted, as deternlined by
the County.
Community Cleanups. The Contractor shall provide up to two community cleanups, within the
Franchise Area, each calendar year in areas designated and scheduled by the Contract Manager,
and shall collect up to 100 tons per year. The Contractor shall provide collection and hauling
personnel and services and equipment at the expense of the Contractor. During the cleanup, the
Contractor shall collect only Solid Waste.
Additional Services to be Provided
Collection of Additional Trash and Vegetative 'Vaste. The Contractor shall collect Additional
Trash and Vegetative Waste from any Residential Premise requesting such service at the charge
per cubic yard specified in Exhibit 3, as adjusted under provisions of Exhibit 4. The volume of
waste material for which these additional services are provided shall be agreed to in advance by
the Contractor and Consumer. This service shall not be exclusive to the Contractor. Consumer
shall retain the option of engaging another hauler for the collection of Additional Trash and
Vegetative Waste.
Distribution and Replacement of Recyclable and Garbage Containers.
Distribution of Recyclable Containers. The Contractor shall ensure adequate distribution of
Recyclable Containers as supplied by the County to each Residential Premise in the Franchise
Area. The title to these Recyclable Containers shall be vested with the County. Consumers may
use their own containers or paper bags as long as they are suitable for the service.
Replacement of Containers Damaged by Contractor. The Contractor will replace at its expense
any Container or Recycling Container damaged through the fault or negligence of the Contractor or
his employees. Replacement Recycling Containers or Containers designated for Recycling for
Residential Premises will be provided by the County with the cost for replacement containers
deducted from the Contractor's monthly fees. The Contractor shall replace the Recycling Container
within five business days of request by the customer or the County. Contractor shall annually
provide, by May 1, a list of Consumers receiving replacement Recycling Containers and the number
I
of containers provided.
Replacement of Recyclable Containers Lost or Damaged by Consumer. The County, at its
expense, will supply to the Contractor, for distribution to the customer, replacement Recycling
Containers or Containers that were originally provided by the County and lost or damaged by the
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Consumer or if the Consumer requests additional Recyclable Containers, or for new Consumers.
The Contractor shall provide the Recycling Container or Containers within five business days of
the request by the Consumer or the Contract Manager. The Contractor shall promptly deliver
replacement Recycling Containers, and shall monthly report all such replacements to the County.
The Contractor shall also promptly deliver Recycling Containers or Containers as requested by the
County on behalf of the residential customers for the purpose of setting out excess Recyclable
Materials or for new residential customers within five (5) business days of the request by the
customer or the County.
Manner of Collection. The Contractor shall collect Garbage and Trash, Vegetative Waste, Bulk
Waste, and Recyclable Materials with as little disturbance as possible and shall leave any receptacle
at the same point it was collected. Throwing of any Garbage Can, Container or Recyclable
Container is prohibited. The Contractor shall neatly re-place the Container, Recyclable Container,
and Garbage Can to the point of collection.
Accessibility. The edge of all Garbage, Trash, Vegetative Waste, Bulk Waste, and Recyclables to
be collected must be placed within six feet of the curb, paved surface of the public road, closest
accessible public right-of-way, or other such location agreed to by the Contractor that will provide a
safe and efficient accessibility to the Contractor's collection crew and vehicle. In the event there is
insufficient space between the curb and the side\valk to place Garbage, Trash, Vegetative Waste, or
Bulk Waste, the materials shall be placed within two feet of the sidewalk. For purposes of this
Agreement, public road or public right-of-way means a road owned and maintained by the County
or special district, or a road on private property for which an easement has been granted to the
public and such road is constmcted and maintained to a standard whereby access is availablc by the
collection vehicle. The Contractor shall provide Rear Door Collection services at no chargc to the
Consumer to Disabled Persons who have applied to the County and have been authorized by the
Contract Manager to receive such service. In the event that an appropriate location for Rear Door
Collection cannot be mutually agrced to by the Consumer and the Contractor, the Contract Manager
shall designate the location for pickup. Other than when providing Rear Door Collection,
employees collecting Solid Waste and Recyclables will be required to follow the regular walk for
pedestrians while on private property. No trespassing by employees \vill be permitted.
Routes and Schedules. On or before November 1 of each year, the Contractor shall, in a fonnat
acceptable to the Contract Manager, provide to the County a map of each route and the
scheduled days for collection of Garbage, Recyclable Materials, Vegetative Waste, and Bulk
Waste in the Franchise Area. The Contractor shall keep route maps, schedules, and Consumer
counts current at all times and shall abide by the schedules and routes filed with the Contract
Manger.
Collection Resources. Annually by May 1 of each year, Contractor shall provide to the County
the following information: Number of employees by classification; list of collection vehicles by
type, including model ahd age.
Changes to Routes and Schedules. The Contractor may change the scheduled days for
collection and/or routes only after securing the Contract Manager's written authorization. In the
event that the Contract Manager authorizes a change in routes or schedules that alters the day of
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pickup for any service, which authorization will not be unreasonably withheld, the Contractor
shall, at its expense, notify each affected Consumer by mail or other mam1er approved by the
Contract Manager not less than one week prior to the change.
Street Closures. The Contractor shall not interrupt the regular schedule and quality of Curbside
Residential Solid Waste and Recyclable Collection Service because of street closures or other
denial of access.
Holidays. The following days shall be the Contractor's holidays: Memorial Day, Independence
Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Day (except that
Vegetative Waste and Recyclable Materials shall be collected on New Year's Day if it is a
regularly scheduled collection day). The Contractor is not required to provide service or
maintain office hours on the above designated holidays except for New Year's Day. Services not
provided on the designated holidays shall be provided on the next scheduled collection day for
the type of service for Consumers not serviced because of the holiday. Consumers not receiving
Vegetative Waste collection service due to a holiday shall be entitled to Vegetative Waste
collection service limited to six cubic yards of yard waste on the next scheduled pickup day for
Vegetative Waste. No Bulk \\Taste collection service shall be provided when a Contractor
holiday has occurred during that week.
Subscription Rear Door Collection. Upon the request of a Consumer, the Contractor may
provide Rear Door Collection services at a charge not to exceed $8.50 per month per Residential
Premise. This amount is separate and apart from the compensation paid to the Contractor for
other services provided under this Agreement, and the County shall not be responsible for any
payment for this Subscription Rear Door Collection.
Spillage. The Contractor shall not litter or cause any spillage to occur upon the Residential
Premises, roadway, or the right-of-way wherein the collection shall occur. DUling hauling, all solid
waste, vegetative waste, bulk waste, and recyclable material shall be contained, tied, or enclosed so
that leaking, spilling and blowing is prevented. In the event of any spillage or leakage by the
Contractor, for any reason or source, the Contractor shall clean up all spillage and leakage at no cost
to the County or the Consumer. Spilled Solid Waste and Recyc1ables shall be cleaned up
immediately by the Contractor. Remediation and costs of all damage caused by the Contractor as a
result of any spillage shall be the responsibility of the Contractor.
No Biohazardous or Hazardous Waste. Contractor shall not collect Biohazardous or
Hazardous Waste nor dispose of such waste at any Designated Facility. Contractor shall refuse
to collect Solid Waste from a Consumer if the Contractor believes that such Solid Waste contains
Biohazardous or Hazardous Waste, and shall immediately notify the Contract Manager of such
OCCUlTence. The County shall have the right to inspect the Solid Waste and Recyclables
deposited by Contractor at any time to determine whether such Solid Waste or Recyclables
contains Biohazardous' or Hazardous Waste, and to take any necessary action to insure that
Consumer ceases placement of such material into the Orange County system.
Page 11 of29
Services During and Following Emergency Conditions.
Variances from Contracted Services. In the event of any emergency or natural disaster, such
as a hurricane, tornado, severe stonn, or flood, the Contract Manager may grant the Contractor a
variance from regular routes and schedules and disposal sites for the time period in which the
emergency exists. The County shall make every effort through the local media to infonn the
public of changes in Contractor services resulting from the event and when regular service and
schedules are resumed. As soon as practicable after such natural disaster, the Contractor shall
advise the Contract Manager when it is anticipated that normal routes and schedules will be
resumed. The Contractor will give Orange County the highest priority and dedicate those
vehicles used in routine collection service in Orange County to collection in Orange County
during the emergency and during emergency recovery periods.
Contractor Unable to Provide Contracted Services. In the event that a Contractor is unable to
provide adequate services as specified in this section, the County may direct other Contractors to
provide those services. In such case, the County reserves the right to charge the Contractor for
all costs and charges in connection with the provision of such services for which Contractor is
obligated under this Agreement to provide.
Rapid Recovery from Disaster. The clean-up from some nahlral disasters may require that the
Contractor hire additional equipment, employ additional persOImel, or work existing personnel on
overtime hours to clean debris resulting from the natural disaster. The Contractor shall receive extra
compensation above the nonnal compensation contained in this Agreement to recover the costs of
rental equipment, additional personnel, oveltime hours, and other documented expenses provided
the Contractor has secured written authorization and approval from the Contract Manager prior to
the work being performed. All such costs may be audited by the County prior to payment.
Disaster Response Plan. The Contractor shall develop and provide to the County a disaster
preparedness and response plan by March 1 of each year. This plan shall include provisions for
additional personnel and equipment and will establish a reasonable, verifiable basis for charges. In
the event that excess work resulting from a natural disaster is compensated by the Federal
Emergency Management Agency, or any other local, state or federal agency, the extra
compensation shall be subject to such agency's approval. The Contractor shall be familiar with
Federal Emergency Management Agency documentation requirements and shall provide the
necessary documentation for submission of cost reimbursement requests. The Contractor shall
be required to submit his FEMA documentation of costs as a condition of being paid for
additional personnel and equipment pursuant to this section.
Consumer Services.
Complaints. All complaints received by the County shall be immediately forwarded to the
Contractor by telephon'e or facsimile where the complaint shall be documented and recorded by
the Contractor on a foml approved by the Department. The complaint shall be resolved within
twenty-four hours after it is received by the Contractor. When the complaint is received after
twelve o'clock noon on a Saturday or a day preceding an approved holiday, as specified in this
Agreement, it shall be resolved by the Contractor not later than the next working day. Upon
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resolution, the Contractor shall notify the Department within twenty-four hours, by telephone or
facsimile, of the action taken to resolve the complaint.
Consumer Noncompliance. When Garbage, Trash, Vegetative Waste, Bulk Waste, or
Recyclable Materials are not prepared properly for collection, the Contractor shall provide
written notification to the Consumer of the reason the material in question was not collected and
provide the Consumer information on how to properly prepare the materials for collection. The
initial contact shall be by the Contractor's collection crew by leaving a written notice or tag on
the container of the material in question. If the Consumer does not comply after the initial
contact, the Contractor will notify the Contract Manager by telephone on the next scheduled
collection day for the applicable type of service.
New Consumers. The Contractor shall respond to a new Consumer entitled to Solid Waste and
Recyclable Collection Service within two days after County approval and shall furnish to new
Consumers recycling bins, collection schedules, rates, brochures, and written materials provided
by the County.
Public Awareness. At the request of the Contract Manager, the Contractor shall deliver to
Consumers in the Franchise Area any brochures or other written materials in connection with the
County's Public Awareness Program at no additional charge to the County or the Consumer.
Additionally it is the Contractor's responsibility to provide information about those customers who
repeatedly do not prepare or set out their Recyclable Material or solid waste as specified within tlus
Contract to the County.
Uncontrollable Forces. Neither the County nor Contractor shall be considered to be in default of
this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the
effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid.
Neither party shall, however, be excused from perfomlance ifnonperfornlance is due to forces that
are preventable, removable, or remediable and where the non-performing party could have, with the
exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The
non-perfonning party shall, witlun a reasonable time of being prevented or delayed from
performance by an uncontrollable force, give written notice to the other party describing the
circumstances and uncontrollable forces preventing continued performance of the obligations of this
Agreement, and the expected time when perfomlance, in compliance with this Agreement, will
resume.
Section 5. Service Changes for Public Welfare
The County shall have the authority to make changes in or to impose new and reasonable rules
and regulations on the Contractor under this Agreement relative to the method of collection and
disposal of Garbage, l::rash, Bulk Trash, Vegetative Waste or Recyclable Materials as shall from
time to time be necessary and desirable for the public welfare and shall have the authority to
adjust the boundary of any Francl1ise Area; provided, however, that any such rule or regulation
shall be delivered to and receipted for by the Contractor. The County shall give the Contractor
reasonable notice of any proposed change and an opportunity to be heard concerning those
matters. The method of collection and disposal of Solid Waste and Recyclables set out herein
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shall also be liberally construed to include, but not limited to, the manner, procedures, operations
and obligations, financial or otherwise, of the Contractor. The Contractor shall be reasonably
and appropriately compensated as determined by negotiation and Agreement between the County
and the Contractor for any additional services or other obligations required of the Contractor due
to any modification in the Agreement under this Section.
Section 6. Title to Solid 'Vaste and Recyclables
From the time of placement of Solid Waste and Recyclables at the curb or other approved area for
collection, the County shall, at all times, hold title and o\'mership to all Residential Solid Waste,
including Garbage, Trash, Vegetative Waste, Bulk Waste, Recyclable Material and all other waste
collected by the Contractor pursuant to this Agreement, and the Contractor shall have no right to
take, keep, process, alter, remove or otherwise dispose of any such materials other than at the
Designated Facilities without specific written authorization from the Contract Manager. When
delivering waste to a Designated Facility, Contractor shall provide County the route number
from which waste was collected.
Section 7. Office and Equipment Yard
The Contractor shall maintain an office and equipment yard in Orange County. The Contractor
shall maintain a toll free telephone number(s) where service inquiries and complaints can be
received by the Contractor. The Contractor's office shall assure toll-free telephone access for
each Consumer served by the Contractor pursuant to this Agreement and shall be equipped with
sufficient telephones and shall have sufficient, trained, responsible persons on duty on each
scheduled pickup day during the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, and
8:00 a.m. to 12:00 p.m. on Saturday, if Saturday is a scheduled collection day. Contractor shall
also designate a representative for emergency calls at any time. If Consumers cannot contact the
Contractor within a reasonable time as determined by the Contract Manager, the County may
require installation of additional telephones and Consumer service personnel. The Contractor
shall have at all times a competent and reliable English-speaking representative at the office
authorized to act on its behalf. The Contractor shall provide either a telephone answering service
or mechanical/electronic device to receive service inquiries and complaints during those times
when the office is closed. The Contractor shall have a copy of this Agreement on file for
inspection, upon request of the general public, at its principle place of business.
Section 8. Vehicles and Equipment
The Contractor shall have on hand at all times and in good working order such vehicles and
equipment as shall pennit the Contractor to adequately and efficiently perform the contractual duties
specified in this Agreement. The Contractor shall also have available reserve vehicles and
equipment that can be put into service within two hours of any breakdown. Collector may change
equipment from time to time and shall revise inventory accordingly. By December 1, 2001, and
semi-annually thereafter, the Contractor shall provide in a format specified by the Contract Manager
a list of the vel1ic1es and equipment to be used by the Contractor to provide services relating to this
Agreement. However, in no event shall the number of veruc1es be fewer than the number of
vehicles shown on the most recent inventory provided by Contractor. Verucles utilized by
Page 14 of29
Contractor in the perfomlance of Curbside Residential Solid Waste and Recyclable Collection
Services shall be clearly identified in a manner approved by the Contract Manager with the
Contractor's name, phone number of the Contractor's local office, truck number, and tare weight,
which shall be determined by the County. Letters and number shall be at least four (4) inches
high. All of the foregoing information shall be required on all trucks, vehicles, and other large
equipment used by Contractor for collection.
Garbage and Yard Waste Collection Vehicles. Solid Waste collection equipment used for
provision of Basic Services under this Agreement shall be of the enclosed loader packer type, or
other equipment that meets industry standards and is approved by the Contract Manager. Vehicles
used in the collection of Additional Trash and Vegetative Waste may be of a combination loader -
dump truck design or may consist of separate loader or crane trucks and dump trucks. The bodies
of trucks used in collecting or transportation of Residential Solid Waste shall have totally
enclosed beds of metal or impervious material that can be cleaned. The truck beds must be
reasonably watertight and leakproof. The Contractor shall provide adequate means, as approved
by the Contract Manager, to prevent solid waste and liquids from escaping trucks while
collecting or transporting Solid Waste. Open-top trailers shall not be used to collect Solid Waste
unless specifically approved on a temporary basis by the Contract Manager.
The body of each truck used in the collection and transportation of Residential Solid Waste in the
Franchise Arca shall show a symbol on each side of the vehicle, affixed by oil-based paint,
whose specifications shall be provided by the County. Only vehicles showing the approved
pelmanently affixed symbol shall collect Residential Solid Waste iiJ the Franchise Area without
the prior writtcn approval ofthe Contract Manager. Any such marked vehicle used for collection
of Rcsidential Solid V,r aste in the Franchise Area shall not be used in any solid waste collection
or transportation function other than collection of Residential Solid Waste in a Franchise Area.
Specifically, such vehicles shall not be used for collection of any material other than Residential
Solid Waste nor shall it be used for any purpose outside of a Franchise Area other than for
transporting Residential Solid Waste to a Designated Facility, without the prior written approval
of the Contract Manager. Contractor shall daily record the vehicle(s) assigned to each route,
maintain such information for a period of one year, and provide such infoIDlation to the Contract
Manager upon request.
Recyclable Collection Vehicles. Recyclable Materials collection equipment shall be a dual
compartment equipment (one compartment for paper products; one compartment for other
Recyclable Material), separate trucks, or other equipment that meets industry standards and is
approved by the Contract Manager, and must be compatible for unloading at the Designated
Facility. .In the event a compacting vehicle is used for the collection of Recyclable Materials,
compaction pressure may not exceed 50 pounds per square inch for the commingled non-paper
Recyclable Materials to avoid glass breakage. The bodies of vehicles used in the collection or
transportation of Recyclable Materials shall have beds of metal or impervious material that can
be cleaned. The Contractor shall provide adequate means, as approved by the Contract Manager,
to prevent Recyclable Materials and liquids from escaping from trucks while collecting or
transporting Recyclable Materials. Vehicles shall be configured to mechanically unload
Recyclable Materials along with reducing glass breakage by minimizing the distance for
unloading such glass from vehicle body to the ground. The trucks shall not compact mixed
Page 15 of29
recyclable materials and shall be designed and operated to limit breakage ofrecyclable materials
when loading.
Condition of Equipment. All vehicles shall be kept in a clean and sanitary condition and in
good repair. Vehicles shall be washed no less frequen!ly than weekly. Any vehicle emitting
excessive odor shall be taken out of service and washed prior to being placed back in service.
All vehicles and auxiliary equipment shall be regularly maintained in a manner necessary to
prevent discharge of Solid Waste, Recyclable Material, oil, hydraulic fluids, and other fluids into
the environnlent. Vehicles shall not emit visible air emissions during nOlmal operation.
Vehicles shall comply with all applicable noise ordinances and laws. Paint on vehicles shall be
maintained, and peeling paint and missing paint shall be promptly repaired by the Contractor.
Collection tmcks may be inspected periodically by the Contract Manager to assure compliance
with this Agreement. Vehicles failing to maintain these standards shall be taken out of service
until proper vehicle condition has been restored.
Spills of Fluids. Vehicle crews shall immediately place absorbent material onto spilled fluids.
The absorbent material shall be picked up and disposed of in a manner and facility approved by
competent authority. The Contractor shall be responsible for paying all costs associated with
transportation and disposal of the absorbent material whether at the County facilities or other
facilities. Remediation and costs of all damage caused by the Contractor or its personnel,
including environmental damage, from spillage of fluids, including hydraulic fluid or other fluids
or other materials or wastes released from Contractor's tmcks or equipment, will be the
responsibility of the Contractor,
Equipment Required 011 Vehicles. All collection vehicles shall carry a broom, a shovel, a fire
extinguisher, absorbent materials and other equipment necessary to clean up any spilled
materials.
Inspection of Vehicles and Equipment. The Contract Manager may inspect the operations,
vehicles, and equipment of Contractor at any reasonable time upon giving of reasonable notice
and the Contractor shall admit the Contract Manager to make such inspections.
Section 9. Contractor Personnel
Contractor's Operations Manager. The Contractor shall assign a qualified person or persons
to be in charge of the operations within the Franchise Area and shall name a backup manager,
and shall give the names and telephone numbers of the persons to the Contract Manager.
Uniforms. The Contractor's solid waste collection employees shall wear a uniform or shirt
bearing the company's name during operations. Contractor's personnel will maintain a neat and
professional appearance.
Valid Driver's Licenses. Each driver of a collection vehicle shall at all times carry a valid Florida
driver's license for the type of vehicle that is being driven.
Page 16 of29
Contractor Name and Telephone Number on Collection Vehicles. The Contractor's name and
office telephone number shall be properly displayed on all solid waste and recyclable collection
vehicles and Containers provided by the Contractor. All ve1ucles utilized for the collection of
Recyclable Material shall be clearly identified for that purpose.
Operations and Safety Training. The Contractor shall provide operating and safety training for
all personnel, and personnel shall not scavenge Solid Waste or Recyclables.
Polite and Courteous Behavior. The Contractor's employees shall treat all customers in a polite
and courteous manner. All personnel of Contractor shall refrain from belligerent behavior and
profanity. Personnel shall not request tips or payment of any kind from Consumers. Conection
of any such behavior and language shall be the responsibility of the Contractor.
Section 10. Employee Wages and Benefits
The Contractor shall comply with all applicable local, state and federal lmvs relating to wages,
hours, overtime and all other applicable laws relating to the employment or protection of
employees, now or hereinafter in effect. The Contractor shall provide, at a minimum, one week
paid vacation leave per year, and one week paid sick leave per year, and paid holiday leave or an
equivalent combination of paid leave options. The Contractor shall offer, at the Contractor's
expense, medical insurance benefits for its employees. Contractor funding shall be, at a minimum,
80 percent of all medical insurance premiums, with no more than a $400.00 per individual
deductible. Conditions of employment shall be published and conspicuously posted so all
employees may be informed. The Contractor shall funush reasonable unifolTIls, rain gear, and
safety equipment at its expense.
Section 11. Permits and Licenses
The Contractor shall obtain, at its own expense, all permits and licenses required by law or
ordinance and maintain the same in full force and effect. Any changes of the licenses or pennits
shall be reported to the County within ten working days ofthe change.
Section 12. Performance Bond
The Contractor shall furnish to the County a performance bond executed by a surety company
licensed to do business in the State of Florida and/or an unconditional irrevocable letter of credit
issued by a bank witllin Orange County to ensure the faithful performance of this Agreement and all
obligations arising hereunder, and in compliance with Chapter 32 of the Orange County Code as it
may be amended or replaced [yom time to time. "The Performance Bond shall be in the
appropriate amount of 33 percent of the annual revenues. The annual performance bond due to
the County is calculated as: Gross Annual Revenues (based on price and conesponding number
of units for one or two zones as appropriate) x 1/3 = Performance Bond required. The
unconditional inevocable letter of credit or bond provided hereunder, each may be substituted for
the other upon approval by the County. The form of tllis bond or letter of credit, and the Surety
Company, shall be acceptable to the County and shall be maintained during the term of this
Agreement. The bond shall be endorsed to show the County as payee or beneficiary under the bond
Page 17 of29
or letter of credit, and shall provide that bond shall not be canceled, limited or non-renewed until
after thirty days written notice has been given to the County. A current perfonl1ance bond
evidencing required coverage must be on file at all times. The County shall be entitled to draw
down the amount of the bond in accordance with provisions of tIus Agreement and Chapter 32 of
the Orange County Code.
Section 13. Insurance
Workers' Compensation Insurance. Worker's Compensation coverage must be maintained in
accordance with statutory requirements as well as Employer's Liability Coverage in an amount
not less than $1,000,000.00.
Commercial General Liability Insurance. The Contractor shall, during the term of this
Agreement maintain in full force and effect commercial general liability insurance, which
specifically covers all exposures incident to the Contractor's operations under this Agreement. Each
policy shall be in an amount of not less than $5,000,000.00, per OCCUlTence, Combined Single Limit
or it's equivalent. The General Aggregate limit shall either apply separately to this contract, or shall
be at least twice the required occurrence limit.
Business Automobile Liability - The Contractor shall provide coverage for all owned,
non-owned and hired vehicles with limits of not less than $5,000,000.00, per occurrence,
Combined Single Limits (CSL) or its equivalent.
Sectiolll4. Financial Reports
Contractor slnll provide to the County annually a certified financial statement and report that
includes a balance sheet, income statement showing revenue from solid waste and recyclable
collection, and net revenues. The repOlt must include the opiluon of a Certified Public Accountant,
who has conducted an audit of the Contractor's books and records in accordance with generally
accepted accounting standards which include tests and other necessary procedures, that the financial
statements are fairly presented in all material aspects and in conformity with generally accepted
accounting procedures. The report must identify any owner of the Contractor that holds a ten
percent or greater amount of the Contractor's equity value. The annual audit shall be delivered to
the County within one hundred and twenty days of the twelve month period ending the Contractor's
fiscal year.
Section 15. Payment for Services
First 12 Months of Service. During the first 12 months of service under this Contract, The
County shall monthly pay the Contractor an amount equal to the charge per household shown in
Exhibit 3 to this Agreement divided by twelve, multiplied by the sum of the number of
Residential Premises identified by the Orange County Property Appraiser as of October 31 of the
previous calendar year plus any additional Residential Premises certified for occupancy and for
which the County has requested Curbside Residential Solid Waste and Recyclable Collection
Services less any properties removed from the Franchise Area. County shall pay Contractor by
the tenth day of each month for services provided during the preceding calendar month. County
will provide a copy of the property roll of the Property Appraiser plus a list of the additional
Page 18 of29
addresses for which service has been requested, initially by December 31, 2001, and annually
thereafter. Addresses of additional properties to be served will be provided monthly by the
County to the Contractor. Any properties that will no longer be served by the County will be
included with any additional addresses. Payment for new Residential Premises will be prorated
based on the day during the month upon which service is begun.
Subsequent to First 12 Months of Service. The Contractor shall receive an ammal adjustment,
initially after the first 12 months of service, in the charge per household based on the adjustment
factor shown in Exhibit 4 to this Agreement. The adjustment may also be applied to Contractor
charges for Subscription Rear Door Collection and the collection charge for Additional Trash
and Vegetative Waste.
Change in Number of Consumers due to Annexation or De-Annexation. If any part of the
Franchise Area is annexed pursuant to the provisions of Chapter 171, Florida Statutes (as
amended from time to time), such area shall no longer be part of the Franchise Area and
Contractor shall not serve or be compensated by the County for Solid Waste and Recyclable
Collection Services authorized by this Agreement unless otherwise agreed to by the County, the
annexing City, and the Contractor by a written amendment to this Agreement. Portions of the
Franchise Area previously part of a municipality and which become part of unincorporated
Orange County due to de-annexation or the contraction process referenced in Chapter 171,
Florida Statutes (as amended), during the teml of this Agreement shall be included in the
Franchise Area only upon such terms and conditions agreed to by the parties by a wlltten
amendment to this Agreement.
Solid 'Vaste Disposal Costs. The Contractor shall dispose of Solid Waste and Recyclables
collected from Residential Premises in the Francruse Area at the Designated Facility for each
material at no cost to the Contractor, provided that the Contractor shall pay the County's
prevailing solid waste tipping fee for any residential Solid Waste exceeding 1.15 tons of Class I
waste per residential premise, and .35 tons of Yard Waste per residential premise multiplied by
the number of residential premises in the Franchise Area, each calendar year. The designated
waste disposal and recyclable facility for all waste collected east of Interstate 4 is the County's
landfill and materials re:'()very facility, respectively. Waste and recyclables collected west of
Interstate 4 may be delivered to any County facility. This disposal charge shall become effective
upon the Contractor's having delivered the allowable amount of waste, and shall remain in effect
for the duration of the calendar year. One time during the ternl of this Agreement Contractor
may elect to demonstrate to the County that the waste generation rate from Residential Premises
in the Franchise Area exceeds this amount, in which case the County will conduct a waste
generation study in the Franchise Area to estimate actual waste generation amounts. Contractor
shall pay one-half the cost of the waste generation study. In the event that the County undertakes
such a study, Contractor will provide all requested information on waste amounts collected by
route by collection vehicle, and allow County personnel or consultants full access to collection
routes and associated in'formation. The Contract Manager shall establish any revised allowable
tonnage amount that may be delivered by the Contractor at no charge to the Contractor. Any
franchise zone which has not had a generation study requested by the contractor during the first
year of the contract, will have a generation study conducted and paid for in full by Orange
Page 19 of29
County at the end of the first contract year. The results will be used to adjust the allocation for
each zone in the second contract year of the agreement.
No Other Rate Adjustments. The Contractor shall not be allowed rate increase for any reason
other than specified in this Agreement.
Section 16. Administrative Charges to Contractor for Failure to Perform
The County shall have the right to collect administrative charges from the Contractor for the
specific failures or actions identified in this Section, which also stipulates the process for
imposing the administrative charges and the due process to be followed by the Contractor and
the County. Provisions of this section and the administrative charges listed shall be administered
on the basis of each Franchise Area.
Failure to Meet Schedule for Post Award Contractor Deliverables. Failure to provide any Post
Award Contractor Deliverable listed on Exhibit 1 - Procurement Schcdule by thc scheduled date
shall result in an administrative charge of $5,000 for the first failure and $10,000 for each
subsequent failure.
Service Complaints. All complaints received by the Contractor or Contact Manager and reported
to the Contractor shall be promptly resolved pursuant to applicable teDns of this Agreement.
Complaints shall not include customer infoDnational requests or Recycling Container requests.
Service complaints may include but are not limited to the following:
COllilllingling garbage and trash with Vegetative Waste and/or Recyclable Materials
Throwing of garbage cans or recycling containers
Failure to collect Recyclable Materials or Solid Waste on schedule
Failure to replace Containers and Recyclable Containers to the point of collection
A complaint not resolved in accordance with the terms of this Agreement shall count as two
complaints. In the event complaints received by curbside customers exceed any of the following
percentage( s):
Complaint Type
Annual %
Monthly %
Garbage, Trash and Damage
Recyclables
Vegetative Waste
4%
2%
2.5%
0.5%
0.25%
0.35%
of the Consumers in the Franchise Area served by the Contractor during any calendar year, the
Contract Manager shall levy $100;00 administrative charges for each incident exceeding these
percentages, for a given year.
Use of Solid Waste or Recyclable Collection Vehicles Designated for Franchise Area Outside
Franchise Area or for Collection from other than Consumers without Prior Written Approval
of Contract Manager. Use of any collection velucle outside the Franchise Area or for collection of
Page 20 of 29
materials from other than Consumers in the Franchise Area without the prior written approval of the
Contract Manager shall result in the following administrative charges:
First occurrence during Term of Agreement, $5,000.00 administrative charge
Second occurrence during Term of Agreement, $10,000.00 administrative charge
Third occurrence during Term of Agreement, $50,000.00 administrative charge
Fomth occurrence during Ternl of Agreement, termination of Agreement
Use of Solid Waste or Recyclable Collection Vehicles Not Registered and Properly Identified
for Use in Franchise Area without Prior Written Approval of Contract Manager. Use of any
Solid Waste or Recyclable Collection Vehicle for Collection of Residential Solid Waste or
Recyclables in the Francruse Area that has not been registered with the COlmty in accordance with
this Agreement or which does not display all required infOlmation and symbols shall result in the
following administrative charges:
First OCCUlTence during Term of Agreement, $1,000.00 administrative charge
Second occurrence during Teml of Agreement, $5,000.00 administrative charge
Third and all additional occurrences during Term of Agreement, $10,000.00 admilustrative charge
Failure to Deliver Solid Waste and Recyclables to Designated Facilities. Failure to deliver any
Residential Solid Waste or Recyclable Materials to the Designated Facility will result in the
following administrative charges:
First occurrence during Ternl of Agreement, $1,000.00 administrative charge
Second occurrence during Teml of Agreement, $5,000.00 administrative charge
Third and all additional occurrences during Teml of Agreement, $10,000.00 administrative charge
Changing Routes without Proper Notification. Changing routes without proper notification will
result in a $2000.00 administrative charge per incident.
Failure to Clean Up Spillage. Failure to clean up spillage of any substance required to be cleaned
up by and in accordance with the Orange County ordinances will result in a $2,500.00
administrative charge per day, per incident.
Failure to Complete Route. Failure to complete, either partially or totally, a route on the regular
scheduled collection day shall result in an admillistrative charge of $1 ,000 for each route per day not
completed.
Other Performance Standards and Administrative Charges.
The Contract Administrator may also levy admillistrative charges for all other infractions of this
Agreement at $100.00 !per day per incident, beginning with the fifth reported incident, without
regard to the percentage of customer complaints including:
Failure to provide clean, safe, sanitary equipment
Failure to maintain office hours as required
Page 21 of29
Operator not licensed
Vel1icle not licensed
Vehicle failure to display required infornlation\
Failure to provide documents and reports in a timely and accurate manner
Damaged container not replaced within required period of time
Failure to clean spillage other than the specified elsewhere in this Section
Failure to repair damage of Consumer propelty caused by Contractor
Failure to clean vehicle
Failure to cover materials on collection vehicle
Loaded vehicles left standing on street unnecessarily
Collection employees out of uniform
Name and phone number, and if applicable, size not displayed on equipment or Containers
Not providing schedule and route maps
Speeding upon conviction
Failure to submit service change notice to either Consumer or Contract Manager
Failure to report recycling activity monthly (on or before the 10th day of the following
month) in the format specified by the County, for the purpose of tracking and verifying
countywide recycling activity
Failure to collect Solid Waste or Recyclable Materials for any Consumer who has been
missed more than three times per calendar year
Failure to respond to Consumer calls in a timely and appropriate manner
Failure to place a contamination sticker in Recyclable Containers, as necessary
Failure to replace or provide Containers or Recyclable Container(s) within required
period of time
Failure to repair damage to property caused by Contractor, including agents, employees or
subcontractors, within required period of time"
County Repair of Damage. In the event the Contractor fails to repair damages caused by
Contractor within the period of time provided within tills Agreement, the Contract Manager may
arrange for the repairs and impose an administrative charge to the Contractor for the cost of the
repairs and any applicable administrative expenses.
Deduction of Administrative Charges from Payment to Contractor. For the purpose of this
Section, the Contract Manager will notify the Contractor in writing of the County's intent to
deduct any administrative charges from payments due or to become due to the Contractor for
services provided under this Agreement. The Contract Manager shall provide to Contractor an
itemized list of each instance in which Contractor failed to meet the Service Standards specified
in this Agreement, including the nature of the failure, date, time, location, and any other
available and applicable information. Such itemized list will be provided to the Contractor
monthly, and shall include all failures to perfonn within the standards of this agreement within
forty-five days of the occurrence.
Due Process - Contractor's Right to Contest Administrative Charges. In the event the
Contractor wishes to contest such assessment it shall, within five days after receiving such notice,
request in writing an opporturuty to be heard by the Contract Manager and present its explanation
and any basis on which the Contractor believes any recorded failure to perform within the standards
Page 22 of29
of this Agreement is inaccurate. The Contract Manager shall notify the Contractor in writing,
through the Purchasing and Contracts Manager, of any action taken with respect to the Contractor's
claim. Contractor may further appeal, in writing, the decision of the Contract Manager, through the
Manager ofthe Purchasing and Contracts Division, to the County Administrator, and the decision of
the County Administrator will be [mal.
Section 17. Default of Contract
Causes for Default of Contract. The County may cancel tills Agreement, except as otherwise
provided below in tills section, by giving Contractor thilty (30) days advance written notice, to be
served as hereafter provided, upon the happemng of anyone of the following events:
Failure to demonstrate and provide notification to County that collection, maintenance,
and administrative employees and vehicles are in place to begin providing services under
this Contract, at least 10 calendar days prior to initiation of services, provided that the
County may give the Contractor five days advance written notice in liell of 30 day notice.
Filing of Insolvency or Bankruptcy. Contractor shall take the benefit of any present or future
insolvency statute, or shall make a general assignment for the benefit of creditors, or file a voluntary
petition in bankruptcy or a petition or answer seeking an arrangement for its reorganization or the
re-adjustment of its indebtedness under the federal bankruptcy laws or under any other law or state
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 its property; or
Declaration of Bankruptcy. By order or decree of a Court, 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 the 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 days after the entry thereof, any notice of cancellation shall be and become null, void, and
of no effect; unless such stayed judgment or order is reinstated in which case, said default shall
be deemed immediate; or
Control by Receiver, Trustee, or Liquidator. 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 or control
shall continue in effect for a period of sixty days; or
Failure to Perform Services of the Agreement. The Contractor has defaulted, by failing or
refusing to perform or observe the terms, conditions or covenants in this Agreement or has
wrongfully failed or tefused to comply with the instructions of the Contract Manager relative
thereto, whether such default is considered minor or major, and said default is not cured within
thirty days of receipt of written notice by County to do so, or if by reason of the nature of such
default, the same cannot be remedied within thirty days following receipt by Contractor of
written demand from County to do so, Contractor fails to commence the remedy of such default
Page 23 of 29
within said thirty days following such written notice or having so commenced shall fail thereafter
to continue with diligence the curing thereof (with Contractor having the burden of proof to
demonstrate that the default cannot be cured within thirty days, and that it is proceeding with
diligence to cure said default, and such default will be cured within a reasonable period of time).
Failure to maintain the Performance Bond required by this Agreement.
Repeated Use of Designated Collection Vehicles Outside Franchise Area or for Collection
of Waste from Non-Residential Consumers. Contractor has on four occasions during the ternl
of the Contract been found to have used Solid Waste or Recyclable Collection Vehicles
designated for use in the Franchise Area outside Franchise Area or for collection from other than
Consumers in the Franchise Area without prior written approval of the Contract Manager.
Development of an Affiliated Interest in the Contractor by Another Contractor. The
County may terminate this Agreement if an Affiliated Interest in Contractor is acquired by
another Contractor with whom Orange County has contracted to provide Residential Solid Waste
and Recyclable Collection Services.
Assigning or subletting services to be provided under this Agreement without the written
approval of the County, as provided for in this Agreement.
Failure to Certify as a Drug Free Work Place. The Contractor's failure to complete the
County's Drug Free Work Place Form by the specified date.
Interim Collection Services. However, notwithstanding anything contained herein to the
contrary, for the failure of Contractor to provide collection service for a period of five
consecutive scheduled working days, the County may secure the Contractor's collection records
(at the request ofthe County, the Contractor shall provide such records) on the sixth working day
in order to provide interim Contract collection services until such time as the matter is resolved
and the Contractor is again able to perform pursuant to this Agreement; provided, however, if the
Contractor is unable for any reason or cause to resume perfornlance at the end of thirty working
days, all liability of the County under this Agreement to the Contractor shall cease and this
Agreement may be deemed immediately terminated by the County.
Habitual Violator. Notwithstanding the foregoing and as supplemental and additional means of
ternlination of tills Agreement under this Section, in the event that Contractor's record of
performance shows that Contractor has frequently, regularly or repetitively defaulted in the
performance of any of the covenants and conditions required herein to be kept and performed by
Contractor, in the opinion of County and regardless of whether Contractor has corrected each
individual condition of default, Contractor shall be deemed a "habitual violator", shall forfeit the
right to any further notice or grace period to correct, and all of said defaults shall be considered
cumulative and collectively, shall constitute a condition of irredeemable default. The County shall
thereupon issue Contractor final warning citing the circumstances therefore, and any single default
by Contractor of whatever nature, subsequent to the occurrence of the last of said cumulative
defaults, shall be grounds for immediate termination of this Agreement. In the event of any such
subsequent default, County may terminate this Agreement upon the giving of written Final Notice
Page 24 of29
to Contractor, such cancellation to be effective upon the fifteenth consecutive calendar day
following the date of Final Notice, and all contractual fees due hereunder plus any and all charges
and interest shall be payable to said date, and Contractor shall have no further rights hereunder.
Immediately upon receipt of said Final Notice, Contractor shall proceed to cease any fmther
performance under this Agreement.
Date of Contract Termination for Default. In the event of any of the aforesaid events specified in
this Section and except as otherwise provided in tills Section, termination shall be effective upon the
date specified in County's written notice to Contractor and upon said date this Agreement shall be
deemed immediately terminated and upon such termination all liability of the County under this
Agreement to the Contractor shall cease, and the County shall have the right to call the perfomlance
bond and shall be free to negotiate with other Contractors for the operation of the herein specified
services. The Contractor for failure to perform shall reimburse the County all direct and indirect
costs of providing interim collection service.
Section 18. Indemnification
To the fullest extent permitted by law, the vendor shall defend, indemnify, and hold harnl1ess the
County, its officials, agents, and employees from and against any and all claims, suits,
judgments, demands, liabilities, damages, cost and expenses (including attorney's fees) of any
kind or nature whatsoever arising directly or indirectly out of or caused in whole or in part by
any act or omission of the vendor or its subcontractors (if any), anyone directly or indirectly
employed by them, or anyone for whose acts any of them may be liable; excepting those acts or
omissions arising out of the sole negligence of the County.
Section 19. Right to Require Performance
The failure of the County at any time to require performance by the Contractor of any provisions
hereof shall in no way affect the right of the County thereafter to enforce the same. Nor shall
waiver by the County of any breach of any provisions hereof be taken or held to be waived of any
succeeding breach of such provisions or as a waiver of any provision itself.
Section 20. Governance Law and Venue
This Agreement shall be governed by the laws of the State of Florida. Any and all legal action
necessary to enforce the Agreement will be held in Orange County and the Agreement will be
interpreted according to the laws of Florida.
Section 21. Compliance with Laws
The Contractor shall c~mduct operations under tills Agreement in compliance with all applicable
laws. ;
Page 25 of29
Section 22. Change of Law
The parties understand and agree that the Florida Legislature from time to time has made
comprehensive changes in Solid Waste Management legislation and that these and other changes in
law in the future, whether federal, state or local, which mandate certain actions or programs for
counties or municipalities may require changes or modifications in some ofthe terms, conditions or
obligations under this Agreement. Nothing contained in this Agreement shall require any party to
perform any act or function contrary to law. To the extent that any law effective after the opening
and awarding of bids for this Agreement is in conflict with, or requires changes in, the provisions of
services to be provided under this Agreement, the parties agree to enter into good-faith negotiations
for the resolution of any such changes in tms Agreement as a result of change in law.
Section 23. Severability
(a) Certain provisions of this Agreement are vital to the relationsmp of the Contractor and the
County. More specifically, the temlS and conditions set forth in sections 1, 2, 3, 4, 5, 6, 8,
11,12,13,14,15,16,17,18,19,24,26,30, and 31 oftms Agreement are declared to be
essential to either the Contractor, the County, or both. Should any material word, sentence,
phrase, or other provision of these sections of the Agreement be stricken by a court of
competent jurisdiction, or the occurrence of any court rendering any provision of the
Agreement void, the County shall have the right to temlinate tms Agreement or, at the
County's option, require renegotiation of that portion of the Agreement that has been
stricken in order to negotiate a mutually acceptable replacement language consistent with
the ruling of the court.
(b) For any other provisions of the Agreement, the invalidity, illegality, or unenforceability of
any provision of this Agreement, or the occurrence of any event rendering any pOltion or
provision of this Agreement void, shall in no way affect the validity or enforceability of any
other portion or provision of the Agreement. Any such void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be constmed and
enforced as if the Agreement did not contain the particular portion or provision held to be
void. As to these other provisions, the parties further agree to refoml the Agreement to
replace any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
(c) The provisions of this Section shall not prevent the entire Agreement from being void
should a provision which is of the essence of the Agreement, at the option of the County, be
determined to be void.
Section 24. Assignment and Subletting
No assignment of this'A,greement or any right occurring under this Agreement shall be made in
whole or part by the Contractor without the express written consent of the County. The County
shall have full discretion to approve or deny, with or without cause, any proposed assignnlent or
assignment by the Contractor. Any assignnlent of this Agreement made by the Contractor without
the express written consent of the County shall be null and void and shall be grounds for the County
Page 26 of29
to declare a default of this Agreement and immediately terminate this Agreement by giving \vritten
notice to the Contractor, and upon the date of such notice this Agreement shall be deemed
immediately terminated, and upon such termination all liability ofthe County under this Agreement
to the Contractor shall cease, and County shall have the right to call the performance bond and shall
be free to negotiate with other contractors or any other person or company for the service of the
Franchise Area that is the subject of this Agreement. In the event of any assignment, assignee shall
fully assume all the liabilities of the Contractor.
Section 25. Modification of the Agreement
This Agreement constitutes the entire contract 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. Such modification shall be in the fornl of an Amendment executed by
both parties.
Section 26. Independence of Parties
It is understood and agreed that not11ing herein contained is intended or should be construed as in
any way establishing the relationship of co-partners between the parties hereto, or as constituting the
Contractor as the agent, representative, or employee ofthe County for any purpose whatsoever. The
Contractor is to be and shall remain an independent contractor with respect to all services performed
under tills Agreement.
Section 27. Annexations
Adjustments to Franchise Area boundaries and the rights of the parties to tills Contract due to
municipal annexation or contraction will be as provided by Florida Statutes Section 171.062, as
amended, or its successor.
Section 28. Public Entity Crimes
No Contractor may be a person or affiliate identified on the Department of General Services
"convicted vendor" list. This list is defined as consisting of persons and affiliates who are
disqualified from public contracting and purchasing process because they have been found guilty of
a public entity crime. The Contractor is required to comply with Florida Statutes Section 287.133,
as amended, or its successor.
Section 29. Drug Free Work Place
Contractor shall complete a County-approved Drug Free Work Place Form annually by January 1.
Failure to certify the Contractor as a drug-free workplace in accordance with Section 287.087,
Florida Statutes, shall be cause for termination of this Agreement and revocation of the franchise.
Page 27 of 29
Section 30. Non-Discrimination
The Contractor, in performing under this Agreement, shall not discriminate against any worker,
employee, or applicant or any member of the public because of race, creed, color, sex, age, or
national origin, nor otherwise commit an unfair unemployment practice on such basis.
Section 31. Resolution of Disputes
Any and all disputes or disagreements arising out of this Agreement shall be subject to the
decision of the Contract Manager, through the Manager of the Purchasing and Contracts Division
with right of the Contractor to appeal to the Director of the Department. Contractor may further
appeal to the County Administrator, through the Manager of the Purchasing and Contracts
Division. The decision of the County Administrator shall be final and binding. During any
dispute, the Contractor shall continue to render full compliance with this Agreement regardless
of the nature of the dispute, unless the County specifically notifies the Contractor otherwise.
Section 32. Points of Contact
All dealings, contacts, notices, and payments between the Contractor and the County shall be
directed by the Contractor to the Contract Manager or Contract Manager's designee, and by the
County to the Contractor's Project Manager, each of whom shall be designated and identified to the
other party upon execution oft11is Agreement.
Section 33. Notices
Any notice, demand, communication, or request required or pernlitted hereunder shall be in
writing and delivered in person or sent by certified mail, postage prepaid as follows:
As to the County:
Orange County Purchasing and Contracts Division
400 E. South St., 2nd floor
Orlando, FL 32801
With copy to:
Orange COl,lnty Solid Waste Division
5901 Young Pine Road
Orlando, Florida 32829
. Page 28 of 29
As to the Contractor:
Onyx Waste Services of Florida, Inc.
/&~~ Alk,,) 57: 51t.901
JARA5~rA rL.. 3rZ3//
/
Notices shall be effective when received at the address as specified above. Changes in the
respective address to which such notice is to be directed may be made from time to time by written
notice. Facsimile transmission is acceptable notice effective when received, provided, however,
that facsimile transmissions received (i.e.; printed) after 5:00 p.m. or on weekends or holidays, will
be deemed received on the next business day. The Oliginal of the notice must additionally be
mailed.
Section 34. Informed Consent
The Contractor agrees that the terms of this Agreement have been completely read, are fully
understood, and are voluntarily accepted; that Contractor affirmatively states that it has had the
benefit of advice from counsel of its own choosing before executing this Agreement; that
Contractor has voluntarily and with full understanding executed this Agreement and accepted its
tenns and conditions.
Execution of the Agreement
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and
year above written.
ardson, CPPO, CACM
urchasing and Contracts Division
f" ?JrJ-ol
Date
Page 29 of 29
Exhibit 3
Residential Solid Waste and Recyclable Collection Services
Bid Form - Basis for Payment for Collection of Residential Solid Waste and
Recyclables During First 12 Months of Contract
1. Franchise Area of Bid 1-
2. Bidder
Name:
Onyx WRste Services Of Florida. Inc.
Address:
lqf)4 SOl1tn OrRnge Blossom Trail
Apopka. Fl 32703
Telephone No.
407-4fi4-0fifi4
Facsimile No.
SRme
3. Bid Amount - Amount per Residential Premise During First 12 Months of Contract:
$ 61. g~ , ~
which amount shall be basis for Bid evaluation and which shall annually be adjusted m
accordance with provisions of Exhibit 4.
4. Estimated Number of Residential Premises - from Exhibit 2: 5~, b()O. This figure
is a good faith estimate for the purpose of assisting Bidder in preparing its Bid, which shall
be adjusted as appropriate prior to initiation of Collection Service based on residential
premise information from the Orange County Property Appraiser adjusted for subsequent
changes in the number of residential premises in the Franchise Area. The County does not
guarantee any minimum or maximum number of Residential Premises.
5. Total estimated amount during first 12 months of service: Amount per Residential
Premise During First 12 Months of Contract * Estimated Number of Residential
Premises =
$~d..~~ If-BB
which amount shall serve as basis for amount of Performance Bond to be provided prior to
contract award.
* TifIS fRI e G: .f-\~? No Vi SPOSItL-Cos T
I
\
34
The undersigned Bidder, having familiarized herselflhimselfwith this illvitation to Bid, including
the General Terms and Conditions, Special Terms and Conditions, Franchise Agreement,
Exhibits 1 through 4, and any applicable Addendums, and all laws, regulations, and other factors
affecting the Services to be provided under this Invitation to Bid, and having satisfied
herselflhimself of the expense and difficulties attended in the performance of the Services,
hereby proposes and agrees, if this Bid No. Y1-176-SI, Residential Solid Waste and Recyclable
Collection Services is accepted, to enter into a Contract to perform under all terms and conditions
as stated herein for Franchise Area , for the price provided in Paragraph 3 above.
Bid amount for collection of Additional Trash and Vegetative Waste from Consumers, per cubic
yard, during first 12 months of contract:
I'L1)O .
$ 7, per CUblC yard
. II' v"
Printed Name 0 Authorized Repre entative
~"~t;h- \J; ~~ <.'. d!...+
Title o~ lcer
f;hloJ
l)ate J'
The foregoing instrument was acknowledged before me this ~~ ,~> ?- all ,
BYJ!)~ r.', ~ ,a '/uP- r?~ -i
(Individual, 0 ficer, Partner, Agent) (Sole, C~ or PartnershIp)
~s personally known to m~ or who has produced JJjft
identification, and who did/did not take an oath.
'7n~ 2,-~
(Signature of Notary Public Taking Acknowledgement)
~'('\e.. ~. ~'r<\\~
(Name of acknowledger typed, printed or stamped)
as
MARIE S. SMITH
NOTARY PUBLIC, STATE OF FLORIDA
MY COMMISSION EXPIRES MAR. 22, 2003
COMM. NO. CC817553
(Serial Number if Any)
(Title or Rank)
35
Exhibit 4
Residential Solid Waste and Recyclable Collection Services Basis
for Adjusting Collection Payment After First 12 Months of Contract
Beginning January 1 in the second year of the Contract and annually thereafter through the f.inal
year of Contract, the Amount paid by the County to the Contractor for Residential Solid Waste
and Recyclable Collection Services per Residential Premise and the Contractor's charge per
cubic yard collection of Additional Trash and Vegetative Waste in the first year of the Contract
shall be adjusted based on the following factors:
Fifty percent of the percent change in the consumer price index, All Urban Consumers,
South urban, All items, Annual average during the calendar year preceding the previous
calendar year to the previous calendar year
plus
Ten percent of the percent change in Consumer Price Index, All Urban Consumers, South
Urban, Gasoline (all types), Annual average during the calendar year preceding the previous
calendar year to the previous calendar year.
The source of the consumer price indices applied in the annual adjustment to the Collection
Payment shall be the U. S. Bureau of Labor Statistics. Attachment 1 to this Exhibit shows the
sources of consumer price indices. Attaclm1ent 2 to this Exhibit illustrates the procedure by
whi.ch the Collection Payment shall be adjusted after the first 12 months of the Contract.
Each adjustment shall be applied effective January 1 to the Amount paid the previous year, and
shall be in effect for the following 12-month period. The Amount paid per 'Residential Premise
shall be extended to all Residential Premises served by the Contractor, based on Residential
Premise counts provided by the County in accordance with provisions of the Franchise
Agreement.
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