Item M4Gaul
i�&-Nphzl MR 11 0310 W100
Meeting Date: 6/11/14 - MAR Division:- Co= Administrator
Department: County Administrator
Bulk Item: Yes X No Staff Contact Person:. Rhonda Haag, 453-8774
AGENDA ITEM WORDING: Approval to advertise Request for Proposals for processing of the
County's yard waste.
ITEM BACKGROUND: The County is seeking proposals through competitive solicitation for yard
waste processing services for beneficial use of yard waste generated in Monroe County as a cost saving
measure to sustain the County's Solid Waste Program.
PREVIOUS RELEVANT BOCC ACTION:
11 -2 0-13: Presented option for incineration, among other solid waste processing options.
12-11-13: Presented final options for solid waste. BOCC approved the concept of an incineration
demonstration project with Rudy Krause.
2-19-14: Presented options for yard waste incineration demonstration. BOCC directed staff to proceed
with RFP for processing of yard waste.
3/19/14 BOCC approved task order with HDR consulting to assist in yard waste processing RFP
5-21-14: Presented CCAC recommendations as to evaluation criteria for the RFP. BOCC approved
staff recommendation on CCAC recommendation.
CONTRACT/AGREEMENT CHANGES: Not applicable.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: Advertising costs INDIRECT COST:
BUDGETED: Yes X —'NE
I 1 9
REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH Year
APPROVED BY: County Atty Q-W� OMB/Purchasing Risk Management
DOCUMENTATION: Included TBP Not Required
DISPOSITION: AGENDA ITEM #
Revised 2/05
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR PROPOSALS
FOR
YARD WASTE PROCESSING
MONROE COUNTY
FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tern Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
David Rice, District 4
COUNTY ADMINISTRATOR
Roman Gastesi
CLERK OF THE CIRCUIT COURT SOLID WASTE
Amy Heavilin Kevin Wilson, P.E.
June 2014
PREPARED BY:
Monroe County Sustainability Department
NOTICE OF REQUEST FOR COMPETITIVE SOLICATIONS
NOTICE IS HEREBY GIVEN that on July 29, 2014 at 3:00 P.M. the Monroe County
Purchasing Office will receive and open sealed responses for the following:
YARD WASTE PROCESSING SERVICES
MONROE COUNTY, FLORIDA
Requirements for submission and the selection criteria may be requested from
DemandStar by Onvia at www.demandstar.com OR
www.monroecountybids.com or call toll -free at 1-800-711-1712. The Public
Record is available at the Monroe County Purchasing Office located at The Gato
Building, 1100 Simonton Street, Room 1-213, Key West, Florida.
All Responses must be sealed and must be submitted to the Monroe County
Purchasing Office
KA
CONTENTS
NOTICE FOR REQUEST FOR PROPOSALS
1. INTRODUCTION................................................................................................................5
1.1. PURPOSE OF THE YARD WASTE PROCESSING SERVICES........................................5
1.2. OVERVIEW OF THE YARD WASTE PROCESSING SERVICES RFP ..............................6
1.3. THE YARD WASTE MATERIALS......................................................................................7
1.4. INITIAL TERM OF AGREEMENT AND EXTENSIONS......................................................8
1.5. SERVICE COMMENCEMENT...........................................................................................8
2. BACKGROUND.................................................................................................................8
2.1. OVERVIEW........................................................................................................................8
2.2. CURRENT SOLID WASTE SERVICES.............................................................................9
3. EXAMINATION OF RFP & COMPLETE RFP....................................................................9
3.1. EXAMINATION OF RFP DOCUMENTS.............................................................................9
3.2. PROCUREMENT TIMELINE............................................................................................10
3.3. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA............................................11
3.4. PRE -PROPOSAL CONFERENCE...................................................................................11
Date and Time.11
Meeting Location and Parking Instructions: ................................................................ 11
4. SUBMISSION & PREPARATION OF PROPOSALS/RESPONSES................................12
4.1. SUBMISSION OF PROPOSAL/RESPONSES.................................................................12
4.2. CONTENT OF SUBMISSION...........................................................................................12
4.3. MODIFICATION OF RESPONSES..................................................................................25
1
4.4. RESPONSIBILITY FOR RESPONSE..............................................................................25
5. RECEIPT AND OPENING OF RESPONSES...................................................................25
6. DETERMINATION OF SUCCESSFUL PROPOSER........................................................25
7. REVIEW PROCESS AND EVALUATION CRITERIA.......................................................25
7.1. REQUIRED DOCUMENTATION......................................................................................25
7.2. DISQUALIFICATION.......................................................................................................26
7.3. TECHNICAL EVALUATION.............................................................................................26
7.4. COST PROPOSAL REVIEW AND EVALUATION...........................................................26
7.5. PRESENTATIONS/ORAL INTERVIEWS.........................................................................26
7.6. SITE VISITS.....................................................................................................................26
7.7. PROPOSAL EVALUATION WEIGHTING CRITERIA......................................................27
7.7.1. QUALIFICATIONS AND EXPERIENCE - 15 POINTS...................................................27
7.7.2. TECHNICAL PROPOSAL - 20 POINTS.........................................................................27
7.7.3. SUSTAINABILITY - 20 POINTS....................................................................................28
7.7.4. COST PROPOSAL - 40 POINTS...................................................................................28
7.7.5. MISCELLANEOUS - 5 POINTS....................................................................................29
7.7.6. LOCAL BUSINESS PREFERENCE - 5 POINTS...........................................................29
7.8. BASIS OF AWARD..........................................................................................................29
8. AWARD OF CONTRACT.................................................................................................29
9. EXECUTION OF CONTRACT..........................................................................................30
9.1. POST -AWARD SUBMITTAL REQUIREMENTS..............................................................30
10. GENERAL INFORMATION..............................................................................................30
E
11. GROUNDS FOR DISQUALIFICATION............................................................................30
12. ADDENDA AND INTERPRETATION...............................................................................31
13. PROPOSAL SUBMISSION..............................................................................................31
14. EXAMINATION OF PROPOSAL MATERIAL..................................................................32
15. GOVERNING LAWS AND REGULATIONS; CODE ADHERENCE, PERMITS, AND FEES32
16. TERMS AND CONDITIONS OF AGREEMENT...............................................................32
17. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS ..........................32
18. INDEMNIFICATION.........................................................................................................33
19. NON-DISCRIMINATION/NON-PREFERENTIAL TREATMENT.......................................34
Attachments
ATTACHMENT A Sustainability Form 1
ATTACHMENT B Cost Proposal Forms Instructions
ATTACHMENT B Base (County -wide) Cost Proposal Form 2
ATTACHMENT B Optional Cost Proposal Form 3
ATTACHMENT C Proposal Certification Form
ATTACHMENT D RESPONSE FORM
ATTACHMENT E Previous Customer Reference Form
ATTACHMENT F Local Preference Form
ATTACHMENT G Public Entity Crimes Statement
ATTACHMENT H LOBBYING AND CONFLICT OF INTEREST CLAUSE
ATTACHMENT I Proposer's Insurance and Indemnification Statement
ATTACHMENT J INSURANCE AGENT'S STATEMENT
ATTACHMENT K NON -COLLUSION AFFIDAVIT
ATTACHMENT L DRUG -FREE WORKPLACE FORM
3
ATTACHMENT M LEASE AREAS EXCLUSIVE TO THE CURRENT OPERATOR OF
THE TRANSFER STATIONS
ATTACHMENT N Request For Waiver of Insurance Requirements
ATTACHMENT O SAMPLE AGREEMENT
1. INTRODUCTION
1.1. PURPOSE OF THE YARD WASTE PROCESSING SERVICES
The Monroe County Board of County Commissioners is seeking Request for Proposals (RFP) to
provide Yard Waste Processing Services for beneficial use of yard waste generated in Monroe
County (County). The purpose of this RFP is to solicit, analyze and select the Yard Waste
Processing Service Provider (Contractor/Proposer/Respondent) that offers the best value for
money, which will be determined by considering a broad array of criteria including, but not
limited to: company qualifications, environmental issues such as technology emissions,
transportation emissions, and cost.
The main objective of this RFP is to provide Monroe County with Yard Waste Processing
services which meet the combined appropriate level of sustainability and highest quality of
service at the most cost-effective price.
The County anticipates a number of goals that will be met as a result of this RFP:
1. Proposer(s) will accept and process yard waste debris (e.g. leaves, brush, tree
pruning's, palm fronds and grass) generated in the County and delivered to the three
existing Transfer Stations (i.e. Key Largo, Long Key, and Cudjoe) by County waste
collection vendors. The Proposer may propose any processing technology or
combination of technologies including but not limited to: grinding or chipping,
mulching, composting, anaerobic digestion, or incineration.
2. Optional but preferred: Additionally propose processing of other vegetative waste,
pre -consumer food, and/or food preparation waste along with the yard waste. These
items are not currently collected separately in the County. Such option may be
exercised at any time in the future, but is not a requirement of this solicitation.
3. Optional but preferred: Proposer demonstrates ability to handle excess yard waste
as may be generated in "season" as needed so as not to allow excessive amounts to
accumulate on site at the Transfer Stations.
4. Optional but preferred: Proposer demonstrates ability to handle and process debris
resulting from storms or hurricanes.
5. The Proposer assumes all responsibility for the products and by-products of the yard
waste processing technology. Optional but preferred: Proposer demonstrates ability
to provide some or all of the product back to the residents at no cost or low cost.
Proposer must specify quantity and cost — if any — and method of delivery to the
residents or County.
6. The County hopes to reduce or eliminate the quantity and current $84/ton cost of
yard waste currently hauled to Broward County for waste -to -energy incineration by
the County's haul -out vendor, thereby reducing the processing of the yard waste,
saving the cost of haul out, and saving on the greenhouse gas emissions from the
transfer of the materials to Broward.
7. The County prefers to maintain or increase the County's recycling credits received
from the Florida Department of Environmental Protection (FDEP), and hopes the
yard waste processing provides an additional means of recovering materials from the
County waste stream as part of the overall goal of achieving a higher recycling rate.
5
8. Provides the highest operating quality, low -odor and responsiveness to marketplace
conditions for the production of compost, wood chips, ash and/or soil products at the
lowest price possible.
9. Optional but Preferred: Proposer develops Yard Waste Processing Facility(ies) at a
non -County owned site, either in or out of Monroe County, to be utilized to its fullest
capabilities by accepting, processing, and marketing incoming quantities of yard
waste materials.
10. Optional but Preferred: Proposer creates a dynamic and robust marketing and sales
program for all finished products, providing high -quality products desired by
customers in and out of Monroe County.
1.2. OVERVIEW OF THE YARD WASTE PROCESSING SERVICES RFP
This Yard Waste Processing Services RFP solicits proposals to provide yard waste transfer,
processing, materials marketing services, and residue disposal (if necessary) for yard waste
materials generated in the County and delivered to the three existing County -owned waste
Transfer Stations.
The successful Proposer (Contractor) will be responsible for transferring the yard waste from
each of the various Transfer Stations located throughout the County to the Contractor's
processing facility(ies). Note that this RFP does NOT involve the collection of yard waste. The
County's waste collectors will collect the yard waste and deliver it to the Transfer Stations, at the
direction of the County. The Proposer shall provide a plan in the proposal to haul Yard Waste
from the Transfer Stations to the Processing Facility. The County's Contractor (Waste
Management) who operates the Transfer Station may offer to load the yard waste onto the
Proposer's trucks for transport to the Proposer's site — for a fee to be negotiated by the
Proposer. The Proposer may also choose to load the yard waste themselves at the Transfer
Stations, subject to space availability for the Proposer's equipment at the transfer stations.
The County will consider technologies including composting, mulching and incineration of the
yard waste. Incineration may also be proposed as an option for excess yard waste during peak
season, and following a storm event. Therefore, the County may allow an air curtain incinerator,
either portable or permanent, dependent on the program offered by the Proposer.
The successful Proposer will also be responsible for the production and sales or disposal of its
by-products such as mulch, compost, biogas, renewable or nonrenewable energy, and
residuals. The County reserves the right to award the contract to one or multiple service
providers under this RFP, at the County's sole discretion.
The County will value proposals with certain optional capabilities higher in points, including:
• Flexibility to accommodate additional organic materials such as food waste.
• Capability to process excess yard waste such as generated during hurricane season and
extreme storm events.
• In -County facilities to reduce transportation emissions.
C
Offer to provide some or all of the product back to the residents at no cost or low cost
Privately owned site(s) used for the yard waste processing
The County offers County -owned land at the transfer station sites which may be leased to the
successful Proposer. However the County prefers privately -owned land proposals and will value
privately -owned land proposals higher. The Proposer may propose use of one or more County -
owned Transfer Station sites for processing. However the Proposer is solely responsible for
determining if enough space exists at the County -owned sites to allow processing by the
Proposer, without interfering with the operation and management of the Transfer Station by the
haul -out vendor. A site map of the 3 transfer sites is included as Attachment M.
The County will allow proposers to submit on a County -wide option that accommodates all of
the County's yard waste materials delivered to the Transfer Station sties, or portions of the yard
waste materials, divided among Transfer Station sites. The County will also accept and
consider proposals that offer alternatives in terms of processing technologies for certain portions
of yard waste stream, etc.
1.3. THE YARD WASTE MATERIALS
The County's yard waste materials consist of approximately 40,000 tons of yard waste,
collected by the four collection vendors and delivered to the three Transfer Stations in the
County, located in Key Largo, Long Key and Cudjoe Key. The successful Proposer will be
responsible to load and transfer the yard waste from the Transfer Station(s) to the successful
Proposer's processing facility(ies), unless the Proposer proposes use of one or more of the
transfer station sites.. The yard waste material tonnage is an estimated amount. These
estimates are not meant as a minimum or maximum amount to be guaranteed by the County
under this Agreement.
County -collected material is delivered to the existing transfer station sites in one of two ways.
Yard debris is collected curbside by the Collection vendors and delivered in side loading
compactor vehicles. Larger materials are collected primarily in rear loading packer trucks and
dump trucks. Yard waste delivered to the County' Transfer Stations is from the following
sources:
■ County Residential Curbside Collection
■ County Commercial Collection
■ County Parks and landscaping
■ County Drop -Off Station
■ Private Waste Haulers
■ Private landscapers/contractors
■ Adjacent communities and private haulers
■ Do It Yourselfers (DIY) aka individual residents
The yard waste consists of approximately 50% material that includes grass, leaves, tree
clippings, and brush; and the remaining 50% material that includes palm fronds and larger
woody materials, with seasonal variations of Christmas trees following the Holiday period.
Tonnages for the calendar year 2013 for each respective Transfer Station are shown in the
following table. Please note that some increase or decrease could be expected in the future.
The Yard Waste Tonnage below represents a snap shot based on 2013 tonnage reports, and
are not guaranteed.
Area
Yard Waste Tons
Lower Keys
20,000
Middle Keys
7,500
Upper Keys
12,500
Total
40,000
At this time, no food or grocery wastes are included in the yard waste materials composition.
The County is interested in the possibility of adding food waste at some time in the future and
will score proposals with the capability to accept these materials higher.
1.4. INITIAL TERM OF AGREEMENT AND EXTENSIONS
The initial term for the Yard Waste Processing Services is anticipated for five (5) years in
duration. The County may extend the term in two, 5-year increments, respectively, for a total
maximum term of fifteen (15) years. The Proposer may request up to a 10 year initial contract
period if needed for the most effective financing of the project and the most effective rates to the
County. If a 10 year period is requested, the Proposer shall provide financial documentation in
the proposal supporting the request. The County, at its option, may grant an initial 10 year
contract period. The County reserves the right to offer extension(s) to Contractors that meet
performance standards. Renewals will be contingent upon satisfactory performance evaluations
by the County and subject to the availability of funds. Renewal of the contract shall be in writing
and shall be subject to the same terms and conditions set forth in the initial contract.
1.5. SERVICE COMMENCEMENT
The County anticipates finalizing agreements for Yard Waste Processing Services by
December, 2014 and commence the new services on January 2015. These dates may change
depending on the time line for completion of any newly constructed Yard Waste Processing
facility improvements or associated regulatory permitting related issues.
2. BACKGROUND
2.1. OVERVIEW
The purpose of this Section is to familiarize Proposers with the County and its current waste
management system.
Web -links can be found in Section 2.7 for key documents discussed in Section 2. Web -links for
additional documents are provided as they are discussed.
2.2. CURRENT SOLID WASTE SERVICES
The County contracts with various companies to provide solid waste, yard waste and recycling
services as follows:
STOCK ISLAND to SOUTH END of 7 MILE BRIDGE:
Waste Management, Inc.
(305) 296-8297
NORTH END of 7 MILE BRIDGE to MILE MARKER 72:
Marathon Garbage Service
(305) 743-5165
MILE MARKER 91 to the COUNTY LINE:
Keys Sanitary Service
(305) 451-2025
Ocean Reef - collected by Ocean Reef and sent to the Key Largo transfer station
VILLAGE OF ISLAMORADA
Advanced Disposal
(305) 853 3433
The County Transfer Stations and Recycling Centers are open Monday through Saturday, from
8:00 AM to 4:00 PM and located as follows:
Cudjoe Transfer Station
MM 21.5 Blimp Road
(305) 745-2513
Long Key Transfer Station
MM 68 Overseas Hwy
(305) 664-2263 or 2269
Key Largo Transfer Station
11100 County Road 905
(305) 367-4236
Additional information about the Monroe County solid waste, yard waste and recycling services
can be obtained from the website, as follows:
http://fl-monroecounty.civicplus.com/DocumentCenter/Home/View/1540
3. EXAMINATION OF RFP & COMPLETE RFP
3.1. EXAMINATION OF RFP DOCUMENTS
Each Proposer shall carefully examine the RFP and other contract documents, and inform
himself thoroughly regarding any and all conditions and requirements that may in any manner
affect cost, progress, or performance of the work to be performed under the Agreement.
Ignorance on the part of the Proposer shall in no way relieve him of the obligations and
responsibilities assumed under the contract.
Should a Proposer find discrepancies or ambiguities in, or omissions from, the specifications, or
should he be in doubt as to their meaning, he shall at once notify the County.
This document describes the goals and objectives of this procurement, the RFP process, and
RFP provisions. In addition, the following attachments, exhibits, and/or appendices are included:
Attachment
Title
A
Sustainability Form REQUIRED TAB 6
B
Cost Proposal Forms REQUIRED TAB 7
C
Proposal Certification Form REQUIRED TAB 10
D
Response Form REQUIRED TAB 10
E
Previous Customer Reference Form REQUIRED TAB 3
F
Local Preference Form OPTIONAL TAB 10
G
Public Entity Crimes Form REQUIRED TAB 10
H
Lobbying and Conflict of Interest Form REQUIRED TAB 10
I
Insurance and Indemnification Statement REQUIRED TAB 10
J
Insurance Agent Statement REQUIRED TAB 10
K
Non -collusion Affidavit REQUIRED TAB 10
L
Drug Free Workplace Form REQUIRED TAB 10
M
Lease Areas Exclusive to Transfer Stations Operator
INFORMATIONAL
N
Request for Waiver of Insurance Requirement OPTIONAL TAB 10
O
Sample Agreement INFORMATIONAL
3.2. PROCUREMENT TIMELINE
The following table presents the schedule for the procurement process. The schedule is subject
to County revision, if necessary.
Date
Event
June 15, 2014
RFP Released
July xx, 2014
Non -Mandatory Pre -Proposal Conference (See Section 9 for
instructions.)
July 21, 2014
Deadline for submitting Questions
10
Date
Event
Proposal Due
Deliver to Monroe County, Attn: Purchasing
July 29, 2014 AT 3:00
Ste, 2-213 , 1100 Simonton Street
Key West, FL 33040
CONTACT INFORMATION
Attn: Rhonda Haag
Phone: (305) 453-8774
E-mail: haag-rhond 5monroecounty-fl.gov
3.3. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Proposer as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing seven or more days
prior to the date fixed for opening of responses will be given consideration. Written inquiries
should be sent to Rhonda Haag. All such changes or interpretation will be made in writing in the
form of an addendum and, if issued, will be furnished to all known prospective Proposers prior
to the established Proposal opening date. Each Proposer shall acknowledge receipt of such
addenda in their Proposal. In case any Proposer fails to acknowledge receipt of such addenda
or addendum, his response will nevertheless be construed as though it had been received and
acknowledged and the submission of his response will constitute acknowledgment of the receipt
of same. All addenda are a part of the contract documents and each Proposer will be bound by
such addenda, whether or not received by him. It is the responsibility of each Proposer to verify
that he has received all addenda issued before responses are opened.
3.4. PRE -PROPOSAL CONFERENCE
Date and Time.
A Non -mandatory pre -proposal conference will be held on July xx, 2014 at 10:00 AM Eastern
Time. The purpose of this meeting is for County staff to present an overview of the RFP and
answer any questions. County staff reserves the right not to answer any questions that are non -
applicable or inappropriate. At its discretion, staff may defer answering certain questions and
respond to all Proposers in writing by addendum after the meeting. An addendum will be
published with all questions received at the meeting, with responses.
Meeting Location and Parking Instructions:
The meeting will be held at the following location:
Monroe County
Murray Nelson Government Facility, Auditorium
102050 Overseas Highway (Mile Marker 102)
Key Largo, FL 33037
The meeting shall begin promptly at 10:00 a.m. on July xx, 2014.
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4. SUBMISSION & PREPARATION OF PROPOSALS/RESPONSES
Signature of the Proposer: The Proposer must sign the response forms in the space provided
for the signature. If the Proposer is an individual, the words "doing business as ",
or "Sole Owner' must appear beneath such signature. In the case of a partnership, the
signature of at least one of the partners must follow the firm name and the words "Member of
the Firm" should be written beneath such signature. If the Proposer is a corporation, the title of
the officer signing the Response on behalf of the corporation must be stated along with the
Corporation Seal Stamp and evidence of his authority to sign the Response must be submitted.
The Proposer shall state in the response the name and address of each person having an
interest in the submitting entity.
4.1. SUBMISSION OF PROPOSAL/RESPONSES
All proposals should be submitted as hard copy documents. The hard copy version of the
proposal with the original signature(s) is to be marked "Original" and will be considered the
official proposal submission.
One (1) original and five (5) copies of the complete proposal shall be submitted. The response
shall be submitted in a sealed envelope clearly marked on the outside, with the
Proposer/Proposers name and "Sealed Proposal FOR YARD WASTE PROCESSING
SERVICES", addressed to the entity and address stated in the Notice of Request for Proposals,
on or before 3:00 P.M. local time on July 29, 2014. If sent by mail or by courier, the above -
mentioned envelope shall be enclosed in another envelope addressed to the entity and address
stated in the Notice of Request for Proposals. Faxed or e-mailed statements of qualifications
shall be automatically rejected. Responses will be received until the date and hour stated in the
Notice of Request for Proposals.
4.2. CONTENT OF SUBMISSION
The proposal submitted in response to this RFP shall be printed on 8-1/2" x 11" white paper and
bound; it shall be clear and concise and provide the information requested herein. Statements
submitted without the required information will not be considered. Responses shall be organized
as indicated below. The Proposer should not withhold any information from the written
response in anticipation of presenting the information orally or in a demonstration, since oral
presentations or demonstrations may not be requested. Each Proposer must submit adequate
documentation to indicate the Proposer's compliance with the County's requirements.
Proposers should focus specifically on the information requested.
The following outline is to assist Proposers during preparation of proposals for Yard Waste
Processing Services. In order to expedite the evaluation process, each Proposal should be
organized in accordance with this Section. Proposals that do not follow the specified format
outlined below, or fail to provide the required documentation, may receive lower scores, or, if
found to be nonresponsive, be disqualified. In the event of any conflict between any of the
Proposal documents, resolution thereof shall be in the County's sole discretion. Proposals
submitted in response to this solicitation must be complete and unequivocal. In instances where
a response is not required, or is not applicable or material to the proposal, a response such as
"no response required" or "not applicable" is acceptable.
The following information, at a minimum, shall be included in the proposal:
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Section
Section Name
Section Content
Number/TABS
1
Introduction
Cover Page
Cover Letter
Table of Contents
Executive Summary
2
General Proposer
Company Information
Information
Management Staff
Business Status
3
Statement of
Relevant Experience
Qualifications
Required Information
References
Previous Customer Reference Form (Attachment E)
4
Financial
Financial Information and Litigation
Qualifications
Claims
5
Technical Proposals
Processing Plan
Transfer Plan
Marketing Plan
Data Collection and Reporting Plan
Transition and Implementation Plan
Optional Technical Proposal(s)
6
Sustainability
Sustainability Form 1 (Attachment A)
Diversion Plan
Environmental Stewardship Plan
7
Cost Proposals
Cost Form 2 (Attachment B)
Optional Cost Form 3 (Attachment B)
8
Financing Plan
Financing Plan
Performance Assurance
9
Additional
Additional Information
Information
13
Section
Number/TABS
Section Name
Section Content
10
Required County
Proposal Certification Form (Attachment C)
Forms
Response Form (Attachment D)
Local Preference Form (Attachment F)
Public Entity Crimes (Attachment G)
Lobbying and Conflict of Interest (Attachment H)
Insurance & Indemnification Statement (Attachment 1)
Insurance Agent's Statement (Attachment J)
Non -Collusion Affidavit (Attachment K)
Drug Free Workplace Form (Attachment L)
Copies of all professional and occupational licenses
SECTION 1. Introduction:
Cover Page: A cover page that states "PROPOSAL RESPONSE — YARD WASTE
PROCESSING SERVICES" shall be included. The cover page should contain
Pro posers/Proposer's name, address, telephone number, email address, and the name of the
Pro posers/Pro poser's contact person authorized to execute the Agreement, in the event it is
awarded. Name, address, telephone number, fax number, and e-mail address of Proposer's key
contact person for delivery of notices, and/or project manager.
Cover Letter: Proposals must be accompanied by a cover letter covering the following topics, at
a minimum:
■ Introduction of the company and a brief history of the company's experience with Yard
Waste processing and marketing operations.
■ General information regarding public and private sector facility users of the company's
organic processing facility(ies), and in particular municipal contracts if any.
■ Description of the type of organization (e.g. corporation, partnership, joint venture teams,
and subcontractors) submitting the proposal.
■ A statement that all aspects of the technical and cost proposals are effective for three
hundred sixty five (365) days from the proposal due date stated herein.
The cover letter shall be signed by the individual identified in the letter as authorized to execute
the Agreement.
Table of Contents: The table of contents should identify all subsections as well as main
sections, figures, tables, and exhibits.
Executive Summary: All proposals must include an Executive Summary not exceeding three
(3) double -sided pages. The Executive Summary should, at a minimum: identify the Proposer
organization; describe the organization of the project team; provide highlights of the proposed
organic processing and marketing arrangements; summarize any optional proposal(s). The
Proposer shall provide a narrative of the firm's qualities and capabilities that demonstrate how
the firm will work with the County to fulfill the requirements of the scope of work. Describe the
firm's use of technology in the office and in the field and how it will be used to complete scope of
14
work. Describe the firm's methodology for working locally given the extensive amount of field
work that will be required.
SECTION 2. General Proposer Information:
General Proposer Information: Proposer should provide comprehensive information about all
of the following as they relate to the proposed project team: 1) the Proposers, 2) subcontractors;
and 3) affiliates (parent companies, subsidiaries, partners, principals, or joint venture); that will
be used in the normal course of providing services required by the Agreement, including those
entities identified in Attachment C Proposal Certification Form.
Company Information: Proposers should supply details of ownership of their company(ies)
and any subcontractors and affiliates. The following information regarding the Proposer's
company, and any subcontractors and affiliates must be listed:
■ If the company is a corporation, list the state of incorporation, the names and addresses
of all officers and agents, and creditors who are owed a debt equal to five percent (5%)
or more of the company's total assets.
List any proposed subcontractors and/or affiliated companies to be used in the normal
course of business, including those involved in recycling and processing of yard waste.
Listing should include the company name, address, telephone number, contact name
and title, and a brief description of their responsibilities and experience.
Management Staff: Proposers should provide an organization chart, job duties, and
responsibilities for the key staff positions that will be responsible for the management of the
proposed work. This should include all key subcontractors and affiliates included in Proposer's
proposal.
Identify the manager and other key management personnel (if employed by Proposer at the
time of submittal), location of office or of proposed office, and telephone number (if available)
where operations will be administered.
Business Status: Proposer should provide records filed with and from the Florida Secretary of
State to establish that Proposer, and any subcontractors or affiliates, are authorized to conduct
business in the State of Florida.
The Proposer shall include a statement confirming whether or not he/she is claiming local
preference based on having local business status. Local business means the Proposer has a
valid receipt of the business tax paid as issued by Monroe County tax collector at least one year
prior to the notice of request for bids or proposals for the business to provide the goods,
services or construction to be purchased, and a physical business address located within
Monroe County from which the Proposer operates or performs business on a day-to-day basis
that is a substantial component of the goods or services being offered to Monroe County. Post
Office Boxes are not verifiable and shall not be used for the purpose of establishing a physical
address. Proposers shall submit a copy of their receipt of the business tax paid and also affirm
in writing their compliance with the foregoing at the time of submitting their bid or proposal to be
eligible for consideration as a "local business" under this section. (Attachment F, Local Business
Form shall be included in Section 10, Required County Forms.)
SECTION 3. Statement of Qualifications
Relevant Experience: The Proposer shall provide a project history of the firm or organization
demonstrating experience with projects that are similar in scope and size to the proposed work,
including experience working in Monroe County. Proposer should provide information
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demonstrating that it has the necessary experience to provide Yard Waste Processing Services.
A description of the relevant qualifications and experience of the firm and key personnel to the
extent they can be identified should also be provided. The same information should be provided
for subcontractors and affiliates (parent companies, subsidiaries, partners, principals, or joint
venture) of the Contractor named in the proposal.
Required Information: The information provided by Proposers should include, but not be
limited to, the following:
■ Describe the relevant experience of the company(ies) for the last five (5) years including
a discussion of how the company meets the desired qualifications stated herein. If
company(ies) has less than five (5) years experience, describe the principals experience
and their role in key projects of similar scope and nature.
Describe the Yard Waste Processing technology and marketing related services of the
by-products the technology produces that the Proposer has implemented for other
communities that are similar to those being proposed for the County Yard Waste
materials. The description must include, at a minimum, the term of the agreement(s)
(start and end dates), whether all options were exercised and if not why not, work
approach, program results, and client contacts. For each of the referenced Yard Waste
processing operations, include a description of the disposition of compost or other
products produced. Describe how much of the incoming materials were used on site and
how much was sent off -site (and to where). Provide a list of end -uses of materials
processed (including, but not limited to, compost, mulch, ash, biomass, and other soil
amendments) and the percentages of each for the most recent twelve (12) month period
for which data is available.
For partnerships or joint ventures, describe Proposer experiences in working together,
and coordinating activities. Provide two (2) examples of how coordination with
Proposer's proposed partner or with another contractor created an operational
advantage or solved a problem.
■ Describe Proposer's experience in minimizing processing residue, and in disposal of
residue.
Provide a one (1) page resume and list relevant technical experience of key
management personnel (if employed by Proposer at the time of submittal) and a
description of their background. Detailed job descriptions may be substituted for
resumes for positions that are not filled as of Proposal submittal.
References and Past Performance on Similar Projects: The Proposer shall provide a list of
past projects that are the same or similar to those services required in this Request for
Proposals. The list should include, at a minimum, the following information:
■ Name and full address of the referenced project
■ Name and telephone number of client contact for referenced project
■ Date of initiation and completion of contract
■ Summary of the project and services
In addition, the Proposer/Proposer should include a written reference from at least two
government entities for which the Proposer has provided these services within the past three
years- if applicable. Attachment E, Previous Customer Reference Form, shall also be included
in this section, and include a minimum of three references.
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SECTION 4. Financial Qualifications and Litigation
Financial Information and Litigation: The Proposer shall provide the following information:
1. A list of the person's or entity's shareholders with five percent or more of the stock or, if a
general partnership, a list of the general partners; or, if a limited liability company, a list
of its members; or, if a solely owned proprietorship, names(s) of owner(s);
2. A list of the officers and directors of the entity;
3. The number of years the person or entity has been operating and, if different, the
number of years it has been providing the services, goods, or construction services
called for in the bid specifications (include a list of similar projects);
4. The number of years the person or entity has operated under its present name and any
prior names;
5. A print out of the "Detail by Entity Name" screen from the Proposer's listing in
www.sunbiz.org;
6. A copy of the Proposer's Annual Report that is submitted to the Florida Secretary of
State;
7. Answers to the following questions regarding claims and suits:
a) Has the person, principals, entity, or any entity previously owned, operated or
directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? Yes or No, if
yes, provide details;
b) Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general
partners? Yes or No, if yes, provide details;
c) Has the person, principal of the entity, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, within
the last five years, been a party to any lawsuit, arbitration, or mediation with
regard to a contract for services, goods or construction services similar to those
requested in the specifications with private or public entities? Yes or No, if yes,
provide details;
d) Has the person, principal of the entity, or any entity previously owned, operated
or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county in
connection with a contract to provide services, goods or construction services?
Yes or No, if yes, provide details;
e) Whether, within the last five years, the owner, an officer, general partner,
principal, controlling shareholder or major creditor of the person or entity was an
officer, director, general partner, principal, controlling shareholder or major
creditor of any other entity that failed to perform services or furnish goods similar
to those sought in the request for competitive solicitation;
8. Credit references (minimum of three), including name, current address and current
telephone number;
9. Financial statements for the prior three years for the responding entity or for any entity
that is a subsidiary to the responding entity; and
10. Any financial information requested by the county department involved in the
competitive solicitation, related to the financial qualifications, technical competence, the
ability to satisfactorily perform within the contract time constraints, or other information
the department deems necessary to enable the department and board of county
commissioners to determine if the person responding is responsible.
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Suspension or Revocation of Entitlement: The Proposer shall inform the County if it and its
affiliates have had a permit, franchise, license, business license, or other entitlement revoked or
suspended in the last five (5) years. If yes, identify the parties involved, describe the reason for
the revocation or suspension, and provide contact information.
Payments or Charges: The Proposer must list any liquidated damages, administrative fines,
charges, or assessments that total fifty thousand dollars ($50,000) or greater in any one (1)
calendar year during the last five (5) years that have been paid by the Proposer, or any
subcontractor or affiliate of the Proposer, to a public agency as a result of solid waste
management services (including Yard Waste Processing Services) provided by Proposer. The
list should include the name of the public agency, the date and amount of the liquidated
damages, administrative fines, charges, or assessments, and the reason the public agency
assessed the liquidated damages, administrative fines, charges, or assessments.
Claims: The Proposer must list any claims, it and its affiliates have, against a bid, proposal, or
performance bond and the results and failure to receive a bid, proposal, or performance bond,
or any contractual defaults or termination in the last fifteen (15) years.
SECTION 5. Technical Proposal
Project Approach: Proposers must provide a technical proposal containing the following
specified plans. Proposers must demonstrate the ability to process and market Yard Waste
materials. Proposers are invited, at their option, to present an alternative proposal(s) for
innovative approach(es). As stated in Section 1.2, the County requires all proposers to submit
on accommodating the County's Yard Waste materials, or some portion thereof, to be deemed
responsive; however, the County will consider alternative proposals from responsive proposals
that offer alternatives in terms of processing additional forms of organic materials (e.g. food
waste), etc. Cost Forms do not account for alternative proposals, and cost/price information for
alternatives is not requested at this time.
The plans should be tailored to the specific portion of Yard Waste (Countywide or Specific
Transfer Stations).
The plans should be provided in adequate detail to allow the County to clearly evaluate the
advantages and disadvantages of the proposed approach(es) to processing the Yard Waste,
and to marketing the resulting approved products.
Throughout the plans, as well as the rest of the proposal, Proposer should identify and
address any contingencies that might affect the availability of the proposed processing
capacity and of markets for the Yard Waste, such as timing of regulatory approvals, work
stoppages, and equipment failure.
Processing Plan: The processing plan should describe the method of processing the Yard
Waste. Provide (at a minimum, and as applicable) the following facility information regarding
processing.
1. General
Provide the name and description of the applicable processing facility(ies)
including name of owner and operator of the facility(ies), copy of facility(ies)
permits, proof of permitted capacity, and compliance with Florida Department of
Environmental Protection, if permits are completed for the facilities proposed.
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■ Address plans for modification or expansion of existing facility(ies) to perform
the functions specified herein. Include any plans to procure new property and/or
develop existing property, and permits or other approvals required to do so.
Describe plans for development of new facility(ies) to perform the functions
specified herein. Include plans to procure new property and/or develop existing
property, and permits or other approvals required to do so.
Provide the projected timelines for modifications to existing facility(ies) and/or
development of new facility(ies) (including permitting and construction), as
required to perform the functions specified herein. Explain how Proposer will
meet FDEP requirements, any zoning, and permitting requirements in order to
enable award by Board of County Commissioners, if selected, and to ensure
facility(ies) will be fully operational as planned by the implementation date.
Describe contingency plans should Proposer be unable to meet the above
requirements, for whatever reason, by these dates.
■ Provide specific and detailed specifications for the following parameters, consistent with
Proposer's approach to processing the Yard Waste:
• Types of organic materials allowable in the Yard Waste;
• Materials that constitute Contamination for Yard Waste;
• Types and amounts of Prohibited Materials for Yard Waste; and
• Approved Products to be marketed resulting from the Yard Waste Processing.
2. Capacity
Describe general capacity information for each proposed Yard Waste
processing facility including: (a) estimated annual tonnage in total, processed,
marketed, and estimated associated residue; (b) daily and monthly permitted
capacities including any permit restrictions on incoming truck traffic; (c)
current average daily tonnage; and (d) available daily tonnage capacity, given
current and projected commitments to other customers.
• Provide minimum daily and annual tonnage commitments of processing capacity
for Yard Waste for a period of sixteen (16) years from the commencement of
services (e.g., base term and any extensions). [Proposers may use the tonnage
reports provided by the County to estimate potential tonnages of Yard Waste.
See Section 1.3 of the RFP document for tonnage information.]
• Provide a list of other agencies, private companies, and other parties using the
proposed facility(ies).
If the processing facility(ies) is owned by a third party or an affiliate, provide a
letter of commitment for the term of the Agreement describing the capacity
guarantee, the key capacity -related terms as agreed to by the processing
facility owner/operator, and documentation that the owner/operator will comply
with processing, marketing, reporting, insurance and indemnity provisions of the
Agreement.
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3. Operations
• Provide the hours of operation, number of days open per year, and any holidays
during which the processing facility(ies) is closed.
• Provide an organization chart showing all management and supervisory
positions and reporting responsibilities related to processing operations including
maintenance, operational training, safety training, etc. Identify key staff to the
extent possible at the time of proposal submittal.
• Describe the extent to which duties related to Yard Waste Processing Services
will, 1) represent incremental additions in responsibility of existing staff, or, 2)
require new staff.
• Address personnel training requirements including, but not limited to, operational
training, safety training programs, and frequencies of training meetings.
• Provide a thorough prose description of the processing operation including a
generalized material and processing flow diagram. The County may later
request provision of plans and specifications.
• Describe equipment maintenance plans, schedule, and hours needed for
regularly scheduled daily, weekly, and monthly maintenance for each processing
facility(ies).
4. Contamination
Identify potential Contamination issues, the types of materials that are the most problematic,
and how Proposer's ability — if any - to market products will be impacted by Contamination.
5. Residue
• Provide the annual average residue rates for each proposed facility(ies) over
the last three years, if available. For each facility, list the different material types
anticipated to be included in the facility residue and the approximate percentage
by weight of each material type.
Describe the steps that will be taken to minimize residue from the Yard
Waste processing facility(ies). Propose a method for auditing material to derive
a residue rate specific to the Yard Waste and state how residue is allocated
among jurisdictions or other parties that deliver materials to the facility.
Identify the method of tracking and allocating tonnage if the facility(ies) is also
receiving material from other jurisdictions. Address whether it is technically and
logistically feasible for their facility(ies) to provide dedicated processing for
some or all of the Yard Waste, and for some or for all of the processing steps.
To the degree dedicated processing is feasible for the Yard Waste, address any
tradeoffs for doing so including, but not limited to, impacts on: (a) its ability to
meet diversion goals; (b) description of potential impacts on processing costs;
and (c) description of potential impacts on marketing revenues. Proposers will
not be penalized for failing to offer dedicated processing as long as proposal
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fully addresses means for solving issues related to possible Contamination of
delivered material.
6. Compliance
• Provide the number of violations received in the last three years and the
reasons for each violation for each processing facility(ies).
• Provide details on the nature and status of any outstanding violations for
processing facility(ies).
• Describe the verification methods to be used and documentation to be provided
to the County verifying that materials are diverted from disposal. Address how
the County will be assured that no Yard Waste (except for insignificant amounts
of Contamination and residue specified by the Proposer) will be disposed
throughout processing.
7. Contingency
Describe contingency plans should operations at the processing facility(ies) be curtailed for
any reason or should capacity not be available for some or all materials. Contingency plans
should include, but not be limited to, identification of the availability of backup facility(ies).
Transfer Plan: Prepare a plan to address the transfer of Yard Waste from County Transfer
Station(s) to the Yard Waste Processing facility, and the transfer of residue to disposal
location(s), as applicable. Provide a narrative description of the transfer activities. Information
requested in this section is in addition to required information included on the Sustainability
Form 1 located in Attachment A.
Yard Waste Marketing Plan: Provide a marketing plan addressing Approved Products from
the Yard Waste. The plan must address each of the following elements:
• Identify and describe proposed Approved Products from the Yard Waste as
defined in the processing plans.
• Address the marketing methods and approach (e.g. long-term contracts).
• Identify targeted primary and contingent markets.
• Address how Approved Products will be stored, and for how long prior to being
marketed.
• Address how, as applicable, severe market demand and pricing fluctuations will
be handled, including describing how (and how much) emergency storage of
Approved Product will be provided.
• Address efforts to achieve the highest and best use of materials.
• Identify any subsidized revenues such as grant revenues or credits, including
estimated annual dollar amount.
• Identify how much effort, if any, will be allocated to outreach in Monroe County.
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Data Collection and Reporting Plan: Address collection and management of marketed
material tonnages and sales data, and residue tonnages sent for disposal. The plan must
address each of the following elements:
■ Describe methods for minimizing data errors during data collection and management.
■ Describe proposed procedures and policies to report to the County, at a minimum,
tonnage data required to substantiate the payment requirements specified in the
proposal.
■ Describe the process for generating and submitting the required reports.
■ Provide sample formats for all reports.
■ Describe how Proposer's system will create and transmit data files to County upon
request.
Transition and Implementation Plan: Provide as much detail as possible regarding the
transition and implementation plan and schedule given the relatively long elapsed time period
between proposal submittal and commencement of services. Include potential strategies for
collaborating with the applicable Transfer Station Operator(s). The County will negotiate the final
transition and implementation plan and schedule with selected Proposer for inclusion in the
final Agreement. The plan must address each of the following elements:
Identify and describe the activities necessary to ensure that Yard Waste processing
capacity is available as of January 1, 2015, at each processing facility identified in the
proposal. If an alternate date for beginning of processing is required, please specify in
the proposal. Proposer should identify and describe the activities necessary to ensure
that all appropriate marketing arrangements have been made. In addition, address
each of the following issues:
o Facility development, modification, expansion, permitting, or other activities
related to provision of processing capacity.
o Proposed transition and implementation coordination activities with the Transfer
Station Operator(s) including, but not limited to, capacity availability and
delivered material specifications.
o Describe the type and level of coordination Proposer, if selected, will need from
County staff.
o Discuss any potential challenges or difficulties in providing the necessary
processing capacity and marketing services.
Provide a transition schedule addressing the activities identified in the transition and
implementation plan, and identify the key critical path activities and milestones.
• Proposers should coordinate, and may cross reference, responses to the requirements
of this section with those made in response to the requirements for the other plans in the
proposal. Information need not be duplicated as long as the proposal addresses the
specific needs of the transition and implementation periods.
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Optional Technical Proposals: Proposers may present one or more proposals for
processing of Yard Waste from specific County Transfer Stations (versus all three). Clearly
describe the proposed service(s) and the operational and financial impacts that the inclusion of
the service(s) would have on the processing of Yard Waste. For each optional proposal, provide
a thorough description of processing plans including, but not limited to, the following:
• The processing facility name and location; processing method; description of
the history of the processing method.
• Facility development, modification, and/or expansion plans, permitting
requirements, and timeline; facility capacity information.
• The volume of Yard Waste that would be targeted, estimated tonnage levels,
and allowable Contamination levels and estimated residue levels for the Yard
Waste.
• Marketing strategy and markets for the Yard Waste.
• Other information Proposer deems necessary to the County's evaluation of
the optional proposal.
SECTION 6. Sustainability
Sustainability - Form 1: Proposers shall complete Form 1 included in Attachment A relating to
sustainability and company/facility information. Instructions for completion of the Form are
included in Attachment A.
Diversion Plan: Provide a diversion plan addressing, at a minimum, a protocol to provide
monthly tracking and reporting of disposal levels for Yard Waste as well as an annual
calculation of diversion levels for Yard Waste.
Environmental Stewardship Plan: Provide an environmental stewardship plan, which may
include, but is not limited to:
1. Vehicles and vehicle operations, including use of alternative fuels, hybrid vehicles, etc.
2. Use of recycled and/or recyclable products in daily operations.
3. Use of energy efficient (Energy Star compliant) equipment.
4. Internal waste reduction and reuse protocol(s).
5. Recovery and treatment of gases from optional conversion operations.
6. Description of potential environmental impacts and applicable mitigation measures.
7. Company policy documents, if any, that demonstrates support for and commitment to
environmental stewardship.
8. Any additional information that demonstrates the Proposer's commitment to
environmental stewardship.
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SECTION 7. Cost Proposal
Proposers should carefully review the instructions provided in this Section and in Attachment B
and comply fully with the specified requirements. It is the sole responsibility of the Proposer to
develop and be fully responsible for its proposed processing fees in the cost proposal forms.
Note that all pricing information contained in the cost proposal must be presented in 2014
dollars. Per ton pricing included in the cost proposal shall be inclusive of all costs anticipated by
the Proposer.
Processing Costs: Proposer is required to propose per -ton processing fees for the Yard Waste
materials historic annual quantity of approximately 40,000 tons per year. Cost proposal forms
are provided in Attachment B, Cost Proposal Forms (Forms 2 and 3). See Attachment B for
instructions for completing the cost proposal forms. Form 2 requests processing fees, and
transfer and transportation fees to be proposed for County -wide Yard Waste Processing
services (i.e. yard waste from all three County Transfer Stations).
Costs for Optional Technical Proposals: At Proposers' option, Proposers may complete
Form 3 — Optional Technical Proposal to provide yard waste processing services for a portion of
the County's yard waste system as identified by the three individual Transfer Stations. If Form 3
is not appropriate for the optional cost proposal, Proposer may modify the form to present the
cost proposal in a more logical format.
SECTION 8. Financing Plan
Financing Plan: Financing of the services and equipment to provide the Yard Waste
Processing services will be the sole responsibility of the successful Proposer. Proposer must
demonstrate that it can provide the required financing from either 1) internally generated funds,
or 2) commitments from external sources.
Performance Assurance: Proposers that are an affiliate (subsidiary, partner, principal, or joint
venture) of a parent company will be required to provide a corporate guaranty prior to execution
of an agreement with the County.
SECTION 9. Additional Information:
Proposer may provide any additional information that is applicable to this proposal, but not
specifically called for in other sections, and include such information in this section.
SECTION 10. Required County Forms
Proposers shall complete and execute the forms specified below, and shall include them in the
section tabbed ten:
Form Name
• Proposal Certification Form (Attachment C) REQUIRED
• Response Form (Attachment D) REQUIRED
• Local Preference Form (Attachment F) OPTIONAL
• Public Entity Crimes (Attachment G) REQUIRED
• Lobbying and Conflict of Interest (Attachment H) REQUIRED
• Insurance & Indemnification Statement (Attachment 1) REQUIRED
• Insurance Agent's Statement (Attachment J) REQUIRED
• Non -Collusion Affidavit (Attachment K) REQUIRED
• Drug Free Workplace Form (Attachment L) REQUIRED
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Copies of all professional and occupational licenses shall be included in the proposal section
ten.
4.3. MODIFICATION OF RESPONSES
Written modification will be accepted from Proposers if addressed to the entity and address
indicated in the Notice of Request for Proposals and received prior to Proposal due date and
time. Modifications must be submitted in a sealed envelope clearly marked on the outside, with
the Proposers name and "Modification to Sealed Proposal for Yard Waste Processing
Services". If sent by mail or by courier, the above -mentioned envelope shall be enclosed in
another envelope addressed to the entity and address stated in the Notice of Request for
Proposals. Faxed or e-mailed modifications shall be automatically rejected.
4.4. RESPONSIBILITY FOR RESPONSE
The Proposer is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
5. RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened. Proposers
names shall be read aloud at the appointed time and place stated in the Notice of Request for
Competitive Solicitations. Monroe County's representative authorized to open the responses
will decide when the specified time has arrived and no responses received thereafter will be
considered. No responsibility will be attached to anyone for the premature opening of a
response not properly addressed and identified. Proposers or their authorized agents are
invited to be present.
6. DETERMINATION OF SUCCESSFUL PROPOSER
Following the receipt of responses, the selection committee will meet in a publicly noticed
meeting and evaluate the responses based on the criteria and point total below. The County
reserves the right to reject any and all responses and to waive technical errors and irregularities
as may be deemed best for the interests of the County. Responses that contain modifications,
are incomplete, unbalanced, conditional, obscure, or that contain additions not requested or
irregularities of any kind, or that do not comply in every respect with the instruction to Proposer
and the contract documents, may be rejected at the option of the County.
7. REVIEW PROCESS AND EVALUATION CRITERIA
7.1. REQUIRED DOCUMENTATION
Proposals will be reviewed to determine if all required documentation is included with the
proposal submittal as described in Section 5-Technical Proposal above.
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7.2. DISQUALIFICATION
Proposals that fail to contain the required documentation with their technical and cost proposals
may be disqualified from further consideration.
7.3. TECHNICAL EVALUATION
The County will review and rate the responsive proposals for Yard Waste Processing Services
against the general criteria, and scores will be applied as described in Section 8.8. The County
will use the ratings from this review as well as any additional solicited information, to make the
final recommendation of award.
7.4. COST PROPOSAL REVIEW AND EVALUATION
Evaluation of the cost proposal pricing will be weighted in accordance with the table in Section
8.8. Upon receipt of proposals, the County will conduct review focused on cost reasonableness
of assumptions underlying the cost proposals. This review will allow the County to request
additional information from Proposers, if needed. Clarifications
The County may seek written clarification from any or all Proposers in order to better
understand and evaluate the proposal. This process may not be used as an opportunity to
submit missing documentation or to make substantive revisions to the original proposal.
7.5. PRESENTATIONS/ORAL INTERVIEWS
Proposers determined to have scored in the competitive range may be invited to make oral
presentations for the purpose of introducing key members of the project team, and allowing the
County to fully understand the Proposer's ability to meet the evaluation criteria. Oral
presentations will not be scored separately. Instead, the County may modify proposal scores
and resulting rankings based on the oral presentation. Presentations/ oral interviews may not be
requested by the County, at the County's sole discretion. If the County elects to allow oral
presentations, the presentation will be held in compliance with Chapter 286, Florida Statutes.
7.6. SITE VISITS.
The County may, at its discretion and with reasonable notice, visit Proposer's facilities. This
visit will serve to verify data and representations submitted by the vendor and may be used to
determine whether the vendor has experienced staff, and can provide overall management of
the facilities. Should the County determine that the reply has material misrepresentations or
that the size or nature of the vendor's facilities or the number of experienced personnel is not
adequate to ensure satisfactory contract performance, the County has the right to reject the
proposal.
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7.7. PROPOSAL EVALUATION WEIGHTING CRITERIA
The following criteria and corresponding allocation of points will be used to evaluate proposals.
Criteria
Point Value
Qualifications and Experience
15
Technical Proposal
20
Sustainability
20
Cost Proposal
40
Miscellaneous
5
TOTAL
100
Added value for Local Business Preference
5
7.7.1. QUALIFICATIONS AND EXPERIENCE — 15 POINTS
The experience of each Proposer will be evaluated to determine the relative ability of each
Proposer to implement the program elements described in this RFP and to attain the County
objectives for solid waste management diversion. Areas of experience to be considered will
include without limitation the list below. These criteria will not necessarily be weighted equally
for the purposes of evaluation.
1. Proposer's performance of similar services.
2. Previous experience providing similar services
3. Proposer's performance in transitions.
4. Qualifications and structure of project management team, relationships between
management team and corporate management, and internal controls.
5. Experience in coordinating service provisions with other contractors.
6. References.
7. Previous history as an employer.
9. Litigation history.
10. Financial strength.
7.7.2. TECHNICAL PROPOSAL — 20 POINTS
The purpose of the technical evaluation is to assess the ability of the Proposer to meet the
proposed performance specifications and criteria on a long-term basis. Technical evaluation
criteria to be considered will include without limitation the list below. These criteria will not
necessarily be weighted equally for the purposes of evaluation.
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• Review and evaluation of Proposer's detailed technical approach.
• Proposed plan to take receipt of yard waste materials at the existing Transfer Stations
and deliver materials to the proposed Yard Waste Processing Facility(ies)
• Demonstrated capability of proposed technology to process yard waste materials.
• Demonstrated ability to develop strong markets for the Yard Waste Processing
Facility(ies) by-products
• Adaptability of technology to accommodate other organic materials such as food waste.
7.7.3. SUSTAINABILITY — 20 POINTS
The Sustainability evaluation will assess how proposals will support the environmental and
climate change goals and objectives of the County and regional entities on environmental
sensitive criteria. The Sustainability criteria to be considered will include without limitation the list
below. These criteria will not necessarily be weighted equally for the purposes of evaluation.
• Use of clean air transportation vehicles for the transport of yard waste from the existing
transfer stations to the proposed Yard Waste Processing Facility(ies) as measured in
total tons of Criteria Air Pollutants and precursors (PM2.5, lead, carbon monoxide, sulfur
oxides, nitrogen oxides, and volatile organic compounds) emitted per year.
• Air emissions from the proposed Yard Waste Processing Facility treatment technology
as measured in tons of Criteria Air Pollutants and precursors (listed above) emitted per
year.
• Greenhouse gas (GHG) footprint of the proposed services including GHG related air
emissions from the proposed technology and related transfer activities using non-
biogenic protocol. (County to perform a GHG analysis of each proposal.)
• Overall environmental impacts in terms of waste reduction, and potential generation of
renewable energy.
7.7.4. COST PROPOSAL — 40 POINTS
The cost evaluation is intended to provide an equitable basis for cost comparisons among
proposals, and reasonableness of proposed per -ton fees given Proposer's assumptions. All cost
information to be used will be as stated in Attachment B, Cost Proposal Forms 2 and 3. The
Cost Proposal consideration will include without limitation the list below. These criteria will not
necessarily be weighted equally for the purposes of evaluation.
• Price per ton - inclusive of all costs. If not all inclusive, must specify all proposed
additional costs.
• Quantity of tons to be processed (if proposal is limited to a portion of the yard waste
quantity or geography)
• Exceptions or conditions affecting price escalation, quality, quantity or other terms
imposed on the price proposal
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7.7.5. MISCELLANEOUS — 5 POINTS
The Miscellaneous evaluation will assess a variety of issues that the County values in addition
to the other criteria listed. The Miscellaneous criteria to be considered will include without
limitation the list below. These criteria will not necessarily be weighted equally for the purposes
of evaluation.
• Proposals offering privately -owned land (Positive points)
• Proposals that need to rely on County -owned land (Negative points)
• Proposal demonstrated capability to process excess seasonal or peak yard waste
material quantities such as debris generated during extreme storm events. (Positive
points)
• Ability and plan to accommodate educational and public tours of the Processing
Facility(ies). (Positive points)
• Proposals offering processing of other vegetative waste, pre -consumer food, and/or food
preparation waste along with the yard waste. Such option may be exercised at any time
in the future, but is not a requirement of this solicitation.
• Proposer demonstrates ability to provide some or all of the product back to the residents
at no cost or low cost.
• Proposer creates a dynamic and robust marketing and sales program for all finished
products, providing high -quality products desired by customers in and out of Monroe
County.
7.7.6. LOCAL BUSINESS PREFERENCE — 5 POINTS
Local business preference shall only be considered if the Proposer completes and meets the
requirements in Attachment F, Local Preference Form.
7.8. BASIS OF AWARD
Recommendation for award of one or more agreement(s) for Yard Waste Processing Services
will be based on the overall highest ranked Proposer's scores.
Should the County, in its sole discretion, determine that a secondary award is required, award
will be to the next highest -ranked Proposer combination.
The County reserves the right to accept an offer in -full, in -part, or to reject all offers.
8. AWARD OF CONTRACT
The County reserves the right to award separate contracts for portions of the work, waive any
irregularity in any response, or to re -advertise for all or part of the work contemplated. The
County also reserves the right to reject the response of a Proposer who has previously failed to
perform properly or to complete contracts of a similar nature on time, or who, after investigation
of references or other criteria, does not meet County standards.
29
The recommendation of the selection/ranking committee and the responses of the top ranked
proposals Proposals may be presented to the Board of County Commissioners of Monroe
County, Florida, for final selection. Negotiations will be undertaken with the Proposers as ranked
and approved by the BOCC.
9. EXECUTION OF CONTRACT
The Proposer with whom a contract is negotiated shall be required to return to the County four
(4) executed counterparts of the prescribed contract together with the required certificates of
insurance and other documentation as may be requested by the County.
9.1. POST -AWARD SUBMITTAL REQUIREMENTS.
Awardee(s) is required to submit documentation as set forth below and as may be requested by
the County prior to execution of the contract or within thirty (30) calendar days of the County's
written request, The Performance Bond and insurance certificates shall be provided to the
County prior to execution of contract for service. Failure to provide the documents within this
time frame may result in withdrawal of the Award, and Award may be made to the next highest
ranked Proposal.
Performance Bond (See Sample Agreement, Attachment O).
2. Certificates of Insurance.
Other required forms and exhibits to the final Agreement will be completed prior to execution of
the Agreement.
10. GENERAL INFORMATION
The County reserves the right to accept or reject any item or group(s) of items of a response.
The County also reserves the right to waive any informality or irregularity in any proposal.
Additionally, the County may, for any reason, decide not to award an agreement as a result of
this RFP or cancel the RFP. The County is not obligated to respond to any proposal submitted,
nor be legally bound in any manner by submission of the proposal.
The County is not required to accept the lowest price proposal. Responses will be evaluated to
determine the most advantageous proposal on a variety of factors including, but not limited to,
qualifications, processing capabilities, price, and implementation costs.
Statistical information contained in this RFP is for informational purposes only. The County shall
not be responsible for the complete accuracy of said data.
The County reserves the right to verify any information provided during the RFP process and
may contact references listed or any other persons known to have contracted with the Proposer.
11. GROUNDS FOR DISQUALIFICATION
The following conducts, which may result in disqualification, include:
30
■ Contact regarding this procurement with any evaluation team member other than the
procurement contact from the time of issuance of this solicitation until the end of the
protest period.
■ Evidence of collusion, directly or indirectly, among Proposers in regard to the
amount, terms, or conditions of this proposal.
■ Influencing of any County staff member, evaluation team member, and/or consultant
staff throughout the solicitation process, commencing with the release of this RFP.
■ Evidence of submitting incorrect information in the response to a solicitation.
■ Misrepresenting or failing to disclose material facts during the evaluation process.
■ Failing to provide the required Information, County Forms or otherwise submitting an
incomplete Proposal.
In addition, the following conduct may also result in disqualification:
■ Offering gifts or souvenirs, even of minimal value, to County officers, employees,
members of the evaluation team, or consultants.
■ Existence of any lawsuit, unresolved contractual claim, or dispute between Proposer and
the County.
■ Evidence of Proposer's inability to successfully complete the responsibilities and
obligations of the proposal.
■ Proposer's default under any County agreement resulting in termination of such
agreement.
12. ADDENDAAND INTERPRETATION
A. The County shall not be responsible for nor be bound by any oral instructions,
interpretations, or explanations issued by the County or its representatives. Should
discrepancies or omissions be found in this RFP or should there be a need to clarify the
RFP, requests for clarification may be sent via e-mail to the attention of the contact
named in Section 4.3.
B. Proposer requests for clarification shall be delivered as stated in Section 4. Any County
response to a request for clarification will be made in the form of a written addendum to
this RFP as provided in Section 4. All addenda shall become part of this RFP.
C. Receipt of all addenda must be acknowledged using Attachment D, Response Form, as
applicable.
13. PROPOSAL SUBMISSION
A. This RFP does not commit the County to pay any costs incurred in the submission of a
proposal or in making any necessary studies or designs for the preparation thereof, nor
the purchase or contract for the services.
B. After acceptance of the successful proposal by the County, the successful Proposer(s)
will be obligated to enter into an agreement consistent with the proposal submitted.
C. Both prior to and subsequent to execution of contract(s), successful Proposers will be
obligated to provide significant coordination with County staff, County designees, and
with other successful Proposers in order to ensure that Yard Waste Processing Services
function together with Transfer Station Management in a coherent manner. Failure to
31
assist in this manner prior to execution of the final agreement may result in County
withdrawal of the award. Failure to assist in this manner subsequent to execution of the
final agreement may also result in assessment of administrative charges as provided in
the Sample Agreement.
D. Should the successful Proposer fail to execute the agreement, the County shall have the
right to seek legal remedies against the Proposer and an action for damages and shall
have the right to award to the next responsive Proposer.
14. EXAMINATION OF PROPOSAL MATERIAL
The submission of a proposal shall be deemed a representation and certification by the
Proposer that they have investigated all aspects of the RFP, that they are aware of the
applicable facts pertaining to the RFP process, its procedures and requirements, and that they
have read and understood the RFP. No request for modification of the statement shall be
considered after its submission on grounds that Proposer was not fully informed as to any fact
or condition.
15. GOVERNING LAWS AND REGULATIONS; CODE ADHERENCE, PERMITS,
AND FEES
Contractor(s) is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, rules, and regulations that in any manner affect the work.
Contractor(s) are responsible for securing all necessary licenses and permits in the connection
with resulting agreement at no additional cost to the County. Contractor(s) must have or will
obtain a current Monroe County business license. Knowledge of occupational license
requirement and obtaining such licenses for Monroe County and municipalities within Monroe
County are the responsibility of the Contractor(s).
16. TERMS AND CONDITIONS OF AGREEMENT
Upon conclusion of the RFP process, County Staff will make a recommendation to the County
BOCC regarding the selection based upon the evaluation of the proposals as provided in
Section 5. The County will enter into negotiations with one or more Proposer(s). Proposer(s)
shall enter into an agreement with the County in substantial conformity with the selected
proposal and the form of the County's standard terms and conditions. Attachment O, Sample
Agreement, outlines the County's standard terms and conditions as part of the agreement
between the County and the successful Proposer. The County reserves the right to negotiate
the final terms of the agreement including the final scope of services and associated costs.
All agreements will require the Proposer to adhere to the terms of their proposal and to act in
accordance with all applicable laws and regulations.
An agreement shall not be binding or valid with the County unless and until it is executed by
authorized representatives of the County.
17. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS.
The winning Proposer shall be responsible for all necessary insurance coverage as indicated
below. Certificates of Insurance must be provided to Monroe County within fifteen (15) days
32
after award of contract, with Monroe County BOCC listed as additional insured as indicated. If
the proper insurance forms are not received within the fifteen (15) day period, the contract may
be awarded to the next selected Proposer/Proposer. Policies shall be written by companies
licensed to do business in the State of Florida and having an agent for service of process in the
State of Florida. Companies shall have an A.M. Best rating of VI or better.
Worker's Compensation
Employers' Liability Insurance
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability
(Owned, non -owned and hired vehicles)
Professional Liability
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease each employee
$1,000,000 Combined Single Limit
$1,000,000 per Occurrence
$1,000,000 Combined Single Limit
$1,000,000 per Occurrence
$2,000,000 Aggregate
Monroe County shall be named as an Additional Insured on the General Liability and Vehicle
Liability policies.
18. INDEMNIFICATION
The Proposer covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants from any and all claims for bodily
injury, including death, personal injury, and property damage, including damage to property
owned by Monroe County, and any other losses, damages, and expenses of any kind, including
attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of
services provided by the Proposer or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the Proposer, its Subcontractor(s) in any
tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the Proposer's failure to purchase or maintain the required insurance,
the Proposer shall indemnify the County from any and all increased expenses resulting from
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity caused by the Proposer, the Proposer agrees and warrants that the Proposer shall
hold the County harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claim or action on the County's behalf.
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The first ten dollars ($10.00) of remuneration paid to the Proposer is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the contract.
19. NON-DISCRIMINATION/NON-PREFERENTIAL TREATMENT
The successful Proposer agrees that there shall be no discrimination against, or segregation of,
any person, on account of race, sex, color, age, religion, sexual orientation, actual or perceived
gender identity, disability, ethnicity, national origin, marital status, or family status, in connection
with or related to the performance of Monroe County contracts.
34
ATTACHMENT A
Sustainability Form 1
SUSTAINABILITY FORM GUIDELINES
The following guidelines apply to all proposals received:
The proposer is to provide emissions information requested for the proposed Yard Waste
Processing Facility or Facilities. The emissions information requested is to be inclusive of all
combustion related activities that occur at the processing facility which includes both fixed
equipment (i.e.; gas or diesel powered grinders, equipment), mobile equipment (i.e. front end
loaders, windrow turners, trucks, etc.) as well as processing equipment (i.e.: emissions from
composting, incineration, digestion, etc.). If the proposer does not know or does not have
access to the emissions information, the County will assign a value for the proposed facility
based on the technology type as identified on Form 1, item B.
Proposer Name:
1
Yard Waste Processing Facility'
Information
A
Name and Address of Processing Facility
(if reliance on County -owned land is
required, specify accordingly. If separate
Yard Waste Processing Facilities are
intended for each or any of the specific
areas, specify which Transfer Station the
Processing Facility(ies) is intended to
serve in lines A-1 through A-2.)
A-1
Name and Address of Processing Facility
for Key Largo Transfer Station Yard Waste
A-2
Name and Address of Processing Facility
for Long Key Transfer Station Yard Waste
A-3
Name and Address of Processing Facility
for Cudjoe Transfer Station Yard Waste
B
Type of technology to be employed at the
Yard Waste Processing Facility (Mulch,
compost, anaerobic digestion, air curtain
incineration, mass burn incineration, other)
and which of the areas the technology is
intended to be used. If multiple
technologies are used for different areas,
specify which technology is to be used for
Yard Waste coming from each Transfer
Station (lines B-1 through B-3).
B-1
Processing Facility technology type for
Key Largo Transfer Station Yard Waste
B-2
Processing Facility technology type for
Long Key Transfer Station Yard Waste
B-3
Processing Facility technology type for
Cudjoe Transfer Station Yard Waste
E
Current Permitted capacity (tons per day)
for each of the Processing Facilities
offered
F
Current annual average Operating Cost for
each of the Processing Facilities offered
G
Residue Disposal location (if applicable)
specify Name and address of disposal
facility (if different for each Processing
Facility specify which Processing Facility)
H
Residue Disposal quantity (specify weight
disposed of per weight processed in terms
of Tons Disposed per Ton Processed) for
each Processing Facility as appropriate
I
Facility Expansion Plans (describe
improvements envisioned to
accommodate Monroe County Yard Waste
materials) for each Processing Facility as
appropriate
J
(optional) Capability to process peak yard
waste quantities following severe storm
events (if capacity is available, specify
additional capacity in terms of tons per
day), for each Processing Facility as
appropriate.
K
Fuel(s) used by Facility Operations (in
terms of gallons(specify quantity) of fuel
(specify type: if diesel, gasoline, natural
gas or other) for each Processing Facility
as appropriate.
L
(optional and only if applicable). Electricity
produced for sale to the grid (in terms of
kW produced per year per 10,000 tons of
material, for each Processing Facility as
appropriate.
2.>
Yard Waste Transfer Information
A
Distance from Key Largo Transfer Station
to respective Yard Waste Processing
Facility (miles)
B
Distance from Long Key Transfer Station
to respective Yard Waste Processing
Facility ( miles)
C
Distance from Cudjoe Transfer Station to
respective Yard Waste Processing Facility
(miles)
3.>
Yard Waste Transfer Vehicle
Information
A
Proposed Vehicle Make and Model of
Yard Waste Transfer Truck (specify
vehicle type for waste transfer from each
Transfer Station listed in item 2 above if
different vehicles will be used to transport
yard waste from each Transfer Station)
B
Estimated tonnage per trip from Key Largo
Transfer Station to the respective Yard
Waste Processing Facility (tons per trip)
C
Estimated tonnage per trip from Long Key
Transfer Station to the respective Yard
Waste Processing Facility (tons per trip)
D
Estimated tonnage per trip from Cudjoe
Transfer Station to the respective Yard
Waste Processing Facility (tons per trip)
E
Fuel(s) used in Yard Waste Transfer
Trucks (specify quantity) for transfer from
Type of fuel(s):
each of the three Transfer Stations listed
in 3.13, C and D in terms of gallons per trip
Quantity anticipated by fuel type
of diesel, gasoline or diesel equivalents if
(gallons/trip):
CNG or other.
ATTACHMENT B
Cost Proposal Forms Instructions
COST PROPOSAL FORM GUIDELINES
The following guidelines apply to all proposals received:
1. 2014 Dollars. All components of the organics processing fees and residue disposal
fees proposed shall be presented in 2014 dollars.
2. Base Proposal. The base cost proposal to provide service County -wide for the
proposed transfer, yard waste processing and residue disposal fees on Form 2 will
serve as the basis for the contractor's compensation. The cost proposal will also
include a review of any proposed price adjustments. Valid for One Year. The cost
proposal shall be firm and valid for a period of 365 calendar days from the submittal
date of the proposal.
3. Terms Based on Agreement. Proposer shall prepare its cost proposal based on
the terms and conditions of the Attachment O Sample Agreement. If Proposer has
taken exceptions to the Sample Agreement and such exceptions impact its cost
proposal, Proposer shall describe and quantify the annual cost impacts related to the
exceptions in accordance with instructions in Section 14.14.1.4 of the RFP.
4. All Inclusive Costs. Proposed processing fees and residue disposal fees shall
encompass provision of all processing services, residue disposal services, and other
contractor obligations, which are identified in the RFP and Attachment O Sample
Agreement, unless otherwise specified in the Proposal
5. Disposal of Processing Residue. Proposer shall specify where residue (if any) is
disposed of from the processing facility or facilities. Proposer shall specify the
quantity disposed (if any) in terms of tons disposed per tons processed at the
Processing Facility.
6. Optional Proposal. Form 3 is provided in the event the Proposer offers an optional
technical proposal in accordance with Section 14.6 of the RFP. On Form 3,
Proposer shall insert the name of the Transfer Station(s) from which Proposer is
proposing to process Yard Waste. Proposer shall present its proposed processing
fees and transfer and transport fees for each option offered. If the format of Form 3
is not appropriate for the optional cost proposal, Proposer may modify the form to
present the cost proposal in a more logical format.
7.
COST PROPOSAL REVISIONS DURING PROPOSAL EVALUATION AND/OR NEGOTIATIONS
If requested by the County and within 30 calendar days of such request, the Proposer shall
revise the cost proposal forms presenting Proposer's adjusted cost proposal to reflect any
modifications to the scope of services and/or tonnage assumptions that may be requested by
the County. The County may request additional detailed cost and operating assumptions to fully
understand the adjusted cost proposal and verify its reasonableness. Proposer's failure to
provide the adjusted cost proposal forms within the timeframe specified above may result in the
County discontinuing evaluation of the proposal and/or negotiations with that Proposer. If the
Proposer is the selected Contractor, these "final proposed costs" will be reviewed by the County
and, upon agreement by both parties, will be included in the executed Agreement as the basis
for calculating the processing fees for Years 1 and all subsequent years.
ATTACHMENT B
Base (County -wide) Cost Proposal Form 2
Proposers Name:
All pricing to reflect all-inclusive services on a per ton of yard waste basis (as measured by
arriving vehicle weights at the respective Transfer Stations).
Item
Description
Cost ($/ton)
1
Load/transfer and transport from existing Transfer
Stations (Key Largo, Long Key and Cudjoe) to
proposed Yard Waste Processing Facility(ies).
2
Process Yard Waste inclusive of marketing and sales
of by-products/commodities, residue transport and
disposal, capital and operations, fees, taxes, license's,
etc.
3.
Other proposed costs not included in the cost of #1 and
#2 above.
ATTACHMENT B
Optional Cost Proposal Form 3
Proposers Name:
Optional Proposal: specify which Transfer Station(s) (Key Largo, Long Key, and/or Cudjoe) Yard
Waste to be processed:
All pricing to reflect all-inclusive services on a per ton of yard waste basis (as measured by
arriving vehicle weights at the respective Transfer Stations).
Item
Description
Cost ($/ton)
1A
Load/transfer and transport from existing Key Largo
Transfer Station to proposed Yard Waste Processing
Facility
1 B
Load/transfer and transport from existing Long Key
Transfer Station to the proposed Yard Waste
Processing Facility
1 C
Load/transfer and transport from existing Cudjoe
Transfer Station to the proposed Yard Waste
Processing Facility
2A
Process Yard Waste inclusive of marketing and sales
of by-products/commodities, residue transport and
disposal, capital and operations, fees, taxes, license's,
etc. from the Key Largo Transfer Station
2B
Process Yard Waste inclusive of marketing and sales
of by-products/commodities, residue transport and
disposal, capital and operations, fees, taxes, license's,
etc. from the Long Key Transfer Station
2C
Process Yard Waste inclusive of marketing and sales
of by-products/commodities, residue transport and
disposal, capital and operations, fees, taxes, license's,
etc. from the Cudjoe Transfer Station
ATTACHMENT C
Proposal Certification Form
NO PROPOSAL SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE
APPROPRIATE SPACE BELOW
PROPOSING FIRM
NAME:
ADDRESS:
TELEPHONE:
FACSIMILE:
E-MAIL:
CONTACT PERSON NAME AND TITLE:
HOW MANY YEARS OF EXPERIENCE IN PROCESSING YARD WASTE MATERIALS DO YOU HAVE?
DID YOU PROVIDE ONE CONTINUOUS YEAR OF ORGANIC MATERIALS PROCESSING WITH A MINIMUM
ANNUAL THROUGHPUT OF FIFTEEN THOUSAND TONS? YES OR NO
PROPOSER REPRESENTATIONS
Proposer did not, in any way, collude, conspire or agree, directly or indirectly, with any person,
firm, corporation or other Proposer in regard to the amount, terms, or conditions of this proposal
Proposer additionally certifies that neither Proposer nor its principals are presently disbarred,
suspended, proposed for disbarment, declared ineligible or voluntarily excluded from
participation in this transaction by any federal department or agency, any Florida State agency,
or any local governmental agency.
Proposer acknowledges that all requests for deviations, exceptions, and approved equals are
enclosed herein and that only those deviations, exceptions, and approved equals included in the
RFP document or permitted by formal addenda are accepted by the County.
Proposer did not receive unauthorized information from any County staff member or County
consultant during the Proposal period except as provided for in the Request for Proposal
package, formal addenda issued by the County, or the pre -proposal conference.
Proposer hereby certifies that the information contained in the proposal and all accompanying
documents is true and correct.
Please check the appropriate box below:
❑ If the proposal is submitted by an individual, it shall be signed by him or her, and if he or she
is doing business under a fictitious name, the proposal shall so state.
❑ If the proposal is made by a partnership, the full names and addresses of all members and
the address of the partnership, the full names and addresses of all members and the addresses
of the partnership, the full names and addresses of all members and the address of the
partnership shall be stated and the proposal shall be signed for all members by one or more
members thereof.
❑ If the proposal is made by a corporation, it shall be signed in the corporate name by an
authorized officer or officers.
❑ If the proposal is made by a limited liability company, it shall be signed in the corporate name
by an authorized officer or officers.
❑ If the proposal is made by a joint venture, the full names and addresses of all members of
the joint venture shall be stated and the bid shall be signed by each individual.
By signing below, the submission of a proposal shall be deemed a representation and
certification by the Proposer that they have investigated all aspects of the RFP, that they
are aware of the applicable facts pertaining to the RFP process, its procedures and
requirements, and that they have read and understand the RFP.
Authorized Representative
Name (sign name):
Authorized Representative
Signature (print name):
Authorized Representative
Title (print title):+
Complete additional signatures below if a Joint Venture or partnership.
Authorized Representative
Name (sign name):
Authorized Representative
Signature (print name):
Authorized Representative
Title(print title :+
Authorized Representative
Name (sign name):
Authorized Representative
Signature (print name):
Authorized Representative
Title (print title):+
NO PROPOSAL SHALL BE ACCEPTED WHICH HAS NOT BEEN SIGNED IN INK IN THE APPROPRIATE SPACE
ATTACHMENT D
SUBMISSION RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included the County Form:
■ The Submission Response Form(s)
I have included the RFP forms:
■ ATTACHMENT A
■ ATTACHMENT B
■ ATTACHMENT B
■ ATTACHMENT B
■ ATTACHMENT C
■ ATTACHMENT D
■ ATTACHMENT E
■ ATTACHMENT F
■ ATTACHMENT G
■ ATTACHMENT H
■ ATTACHMENT I
■ ATTACHMENT J
■ ATTACHMENT K
■ ATTACHMENT L
■ ATTACHMENT N
10)
Sustainability Form 1(TAB 6)
Cost Proposal Forms Instructions (TAB 7)
Base (County -wide) Cost Proposal Form 2 (TAB 7)
Optional Cost Proposal Form 3 (TAB 7)
Proposal Certification Form (TAB 10)
RESPONSE FORM (TAB 10)
Previous Customer Reference Form (TAB 3)
Local Preference Form Optional (TAB 10)
Public Entity Crimes Statement (TAB 10)
LOBBYING AND CONFLICT OF INTEREST CLAUSE (TAB 10)
Proposer's Insurance and Indemnification Statement (TAB 10)
INSURANCE AGENT'S STATEMENT (TAB 10)
NON -COLLUSION AFFIDAVIT (TAB 10)
DRUG -FREE WORKPLACE FORM (TAB 10)
Request For Waiver of Insurance Requirements Optional (TAB
In addition, I have included a current copy of the following professional and occupational
licenses:
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone:
Fax:
Date:
Signed:
(Name)
(Title)
Witness:
(Seal)
ATTACHMENT E
Previous Customer Reference Form
Proposer must submit three (3) references.
References should be able to verify performance on projects of similar scope and
budget. If Proposer is a joint venture (JV), references should pertain to work performed
by at least one company, organization or principal comprising the JV; if Proposer is a
new company, references should pertain to at least one of the principals of the
company. Copy this form as appropriate to include your references.
Customer Name:
Customer Address
Customer Contact Name
Customer Telephone
Customer E-mail
Date of Agreement/Contract
Period of Performance:
From:
To:
Type of Contract:
❑ Firm Fixed Price
❑ Time and Material
❑ Cost plus Fixed Fee
❑ Not to Exceed
❑ Other (Specify):
What is the dollar value of the contract?
If contract was terminated or cancelled for convenience, please
indicated the circumstances:
Is this reference for work Proposer has performed? (yes or no)
Provide a detailed description of work performed for this customer. Use additional lines or pages
as necessary.
ATTACHMENT F
Local Preference Form
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this
form.
Name of Bidder/Responder.
Date:
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax
Collector dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which
the vendor operates or performs business on a day to day basis that is a substantial component
of the goods or services being offered to Monroe County?
List Address:
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50% or more of the goods, services
or construction to local businesses meeting the criteria above as to licensing and
location?
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the
subcontractor dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
Tel. Number
Print Name:
Signature and Title of Authorized Signatory for Bidder/Responder/Proposer
STATE OF
COUNTY OF
On this day of , 20 , before me, the undersigned notary public, personally
appeared , known to me to be the person whose name is
subscribed above or who produced as identification, and
acknowledged that he/she is the person who executed the above Local Preference Form for the
purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
ATTACHMENT G
Public Entity Crimes Statement
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a
public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
I have read the above and state that neither (Proposer's name) nor any
Affiliate has been placed on the convicted vendor list within the last 36 months.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
me or has produced
(Signature)
Date:
(name of affiant). He/She is personally known to
(type of identification) as identification.
NOTARY PUBLIC
My Commission Expires:
ATTACHMENT H
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE:
warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 3 of Ordinance 10-1990. For breach or violations of
this provision the County may, in its discretion, terminate this Agreement without liability and may
also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount
of any fee, commission, percentage, gift or consideration paid to the former County officer or employee.
VENDOR NAME
By:
Title:
STATE OF FLORIDA
COUNTY OF MONROE
PERSONALLY APPEARED BEFORE ME, the
as of
sworn by me, affixed his signature in the space provided above, this
, 2014.
undersigned authority,
who, after being first duly
day of
Notary Public, State of Florida
My Commission:
ATTACHMENT I
Proposer's Insurance and Indemnification Statement
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
Required Limits
Statutory Limits
$1000,000/$1,000,000/$1,000,000
$1,000,000 Combined Single Limit
Vehicle Liability $1,000,000 Combined Single Limit per
Occurrence/$1,000,000 Aggregate
Professional Liability $1,000,000 per occurrence
$2,000,000 aggregate
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
The CONSULTANT covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and
Monroe County Board of County Commissioners, its officers and employees from liabilities, damages,
losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the
negligence, recklessness, or intentional wrongful conduct of the CONSULTANT, subcontractor(s) and
other persons employed or utilized by the CONSULTANT in the performance of the contract.
In the event that the completion of the project (to include the work of others) is delayed or suspended as a
result of the CONSULTANT's failure to purchase or maintain the required insurance, the CONSULTANT
shall indemnify the County from any and all increased expenses resulting from such delay. Should any
claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONSULTANT, the CONSULTANT agrees and warrants that
CONSULTANT shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the CONSULTANT is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
PROPOSER'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements.
Proposer
Signature
ATTACHMENT J
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
Liability policies are Occurrence
Insurance Agency
DEDUCTIBLES
Signature
Print Name:
Claims Made
ATTACHMENT K
NON -COLLUSION AFFIDAVIT
I of the city of
and under penalty of perjury, depose and say that
according to law on my oath,
I am of the firm of
the proposer making the Proposal for the
project described in the Request for Proposals for _ YARD WASTE PROCESSING SERVICES and that
I executed the said proposal with full authority to do so;
the prices in this proposal have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter relating to such
prices with any other bidder or with any competitor;
unless otherwise required by law, the prices which have been quoted in this proposal have not been
knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to
proposal opening, directly or indirectly, to any other proposer or to any competitor; and
no attempt has been made or will be made by the proposer to induce any other person, partnership or
corporation to submit, or not to submit, a bid for the purpose of restricting competition;
the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe
County relies upon the truth of the statements contained in this affidavit in awarding contracts for said
project.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
has produced
identification.
(Signature)
Date:
(date) by
(name of affiant). He/She is personally known to me or
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
ATTACHMENT L
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
ame of business
1. Publish a statement notifying employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for violations of
such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the
business's policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be imposed
upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition
of working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace
through implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Signature
STATE OF:
COUNTY OF:
Subscribed and sworn to (or
has produced
NOTARY PUBLIC
Date:
affirmed) before me on (date)
(name of affiant). He/She is personally known to me
(type of identification) as identification.
My Commission Expires:
by
or
ATTACHMENT M
LEASE AREAS EXCLUSIVE TO THE CURRENT
OPERATOR OF THE TRANSFER STATIONS
Schedule4O
LEASE AREAS EXCLUSIVE TO THE OPERATOR
42 j
EXHIBIT A
FACILITY LEGAL DESCRIPTIONS
The Premises shall constitute the property outlined on Figures Al,
A2, and A3, which, respectively, lies within the land described at
Exhibits Aa, Ab, and Ac.
10
EXHIBIT A
Cudjoe parcel. 1 A tract of land in a part of Government Lot B,
Section 10, T. 668., R.28 E, on Cudjoe Key,
Monroe County, Florida and being tore
particularly described by metes and bounds as
follows:
Commencing at Southeast Corner of Government
Lot 8, said Corner also to be known as the
Point of Beginning of the tract of land
hereinafter described, bear West along the
South Line of Government Lot 8, 415 feet,
thence bear North 1050 feet, more or less, to
the shoreline in an easterly direction, 425
feet, more of less to a point which is bearing
North from the Point of beginning; thence bear
South 1050 feet more of less, back to the
Point of Beginning containing 10 acres more of
less.
Cudjoe parcel 2 A tract of land in Government Lot 8, section
19, Tovmship 65 South, Range 28 East, Cudjoe
Key, Monroe County, Florida: Commencing at the
southeast corner of the said Lot 8 and thence
West along the south boundary line of the said
Lot 8 a distance of 415 feet to the Point of
beginning of the parcel of land herein being
described: thence continue west along the said
south line of the said lot 8 a distance of
478.31 feet to a 'pointi thence north at a
right angle to the previous course 871.60 feet
more or less to a point on the mean high water
line of a body of water; thence northeasterly
along the said mean highwater lane 500 feet
more or less to a point bearing north and
distant 11000 feet more or less from the Point
of beginning; thence south 1,000 feet more or
less to the Point of Beginning, continuing
10.2 acres, more or less. Be it further.
3.1
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CUD.ME KEY TRAWER t�nOIxc 1 ASSOCIATES
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EXHIBIT Ab
Long Key A tract of land in a part of Government Lot 2,
Section 4, T 65S R. 35 E., and a part of
Government Lot 3, Section 33, T. 64N., R.33
S., on Long Key, Monroe County, Florida, and
being more particularly described by meteS and
bounds as follows!
Commencing at the intersection of the West
line of Section 6 and the northerly right of
way line of U.S. Highway No. 1 bearing North
along the West Line of Section 4 86.24 feet t0
the Point of beginning of the tract of land
hereinafter described from said Point of
beginning bear North 35 degrees and 26 minutes
East, 1600 feet to a point of curve, said
Curve having a central angle of 14 degrees and
49 minutes and a radius of 2964.93 feet=
thence northeasterly along said curve
deflecting to the right of a distance of
766.73 feet to a point of tangent/ thence
North 50 degrees and 15 Minutes East for a
distance for 380 feet, more or less, to the
Southwest corner of the Property of the U.S.
Government Radar Stations thence North 39
degrees and 45 minutes West along the West
Property line of the Radar Station and through
a part of Government Lot 3, Section 33 for a
distance of 650 feet, more or less, to a point
on the shoreline of the Bay of Florida; thence
meander the shoreline of the Bay of Florida in
a southwesterly direction for a distance of
2100 feet, tore or less, to a point where said
shoreline intersects the West Line of Section
0 thence South along the West Line of Section
41 100 feet, more of less, back to the Point
of Beginning, containing 29.55 acres, more or
less.
12
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LONG KEY TRANSFER STATION MEDDINC E ASSOCIATES
SITE PLAN FOR $ ARCNITECIS. INCOAFORATED
�,. HASTE MANAGEMENT INC.
MOMROE LOiiIiTY, FLORIDA
w .., . 11
EXHIBIT Ac
Key Largo A part of the Southeast Quarter (SE 1/4) of
the Northwest Quarter WE 1/4) of Section Ten
(10), Township Sixty (60) South, Mange Forty
(40) East. Monroe County, Florida described
asi
COMMENCING at the Northeast corner of said
Southeast Quarter (SE 1/4) of the Northwest
Quarter (NE 1/4) of Section Ten (10); thence
running at right angles westerly fifteen (15)
chains; thence at right angles South tan (10)
chains; thence at right angles East fifteen
(15) chains, thence at right angles North ten
(10) chains to the place of beginning,
containing fifteen (15) acres.
13
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1
ATTACHMENT N
Request For Waiver of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Proposer:
Contract for:
Address of Proposer:
Phone:
Scope of Work:
Reason for Waiver
Policies Waiver
will apply to:
Signature of Proposer:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
Proposer SIGNATURE
ATTACHMENT O
SAMPLE AGREEMENT
FOR
YARD WASTE PROCESSING SERVICES
This Agreement ("Agreement") made and entered into this day of ,
20 by and between Monroe County, a political subdivision of the State of Florida, whose
address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns,
hereinafter referred to as "COUNTY," through the Monroe County Board of County
Commissioners ("BOCC"),
.MN
,a
whose address is
successors and assigns, hereinafter referred to as "CONTRACTOR",
WITNESSETH:
of the State of
its
WHEREAS, the County desires to separately process its' yard waste for sustainability and cost
effectiveness reasons; and
WHEREAS, on June 2014, the COUNTY issued a Request for Proposals ("RFP") for Yard
Waste Processing Services for the yard waste from residential and commercial premises as
collected by the County Collection vendors; and
WHEREAS, on , 2014, CONTRACTOR submitted a response to the RFP and the various
addenda to the RFP; and
WHEREAS, after consideration of CONTRACTOR's response and the responses of other
proposers for the same services, COUNTY's staff and the selection committee have
recommended CONTRACTOR to perform the services more fully described in this Agreement;
and
WHEREAS, the COUNTY desires to enter into this agreement with CONTRACTOR, to perform
the yard waste services as outlined in the RFP and described in this Agreement and collectively
referred to as the "Project"; and
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
1 ARTICLE1 DEFINTIONS
For the purpose of this Agreement, the definitions contained in this Article shall apply unless
otherwise specifically stated. If a word or phrase is not defined in this Article, the definition of
such word or phrase as contained in Chapter 21 of the Monroe County Code shall control.
When not inconsistent with the context, words used in the present tense include the future,
words in the plural include the singular, and words in the singular include the plural. Use of the
masculine gender shall include the feminine gender.
1.1 Accept.
Assume full custody of Yard Waste delivered to COUNTY Transfer Stations, including
Key Largo, Long Key and Cudjoe Transfer Stations.
1.2 Administrator.
The Administrator of the Public Works Department of the County.
1.3 Affiliate.
Parent company, subsidiary, partner, or joint venture of the CONTRACTOR.
1.4 Aareement.
This written document and all exhibits, attachments, and amendments hereto, between
COUNTY and CONTRACTOR, governing the provision of Yard Waste Processing
Services as provided herein.
1.5 Approved Product.
Material from the Processing of Yard Waste, and listed in Exhibit D, Approved Products.
1.6 Back -Up Facility.
Any legally permitted facility that is approved, in lieu of the primary Processing or
Transfer facility, by the COUNTY Representative for the purpose of processing or
transfer.
1.7 COUNTY Representative
The real person who is designated by the Administrator to administer and monitor
CONTRACTOR's performance under this Agreement.
1.8 Contamination.
[Definition to be updated based on winning Proposer's definition of
Contamination provided in the proposal.]
Material that is not within the scope of Yard Waste, and is not a Prohibited Material.
1.9 Disposal.
The final disposition of Residue by the CONTRACTOR at a disposal facility, at the
CONTRACTOR's sole expense.
1.10 Person.
Any real person, firm, company, association, organization, partnership, corporation, trust,
public agency, school district, the State of Florida , its political subdivisions and/or
instrumentalities thereof.
1.11 Processina.
The act of Composting, mulching, grinding, incinerating or otherwise separating and
converting the Yard Waste material into Approved Products.
1.12 Prohibited Material.
[Definition to be updated based on CONTRACTOR definition of Prohibited
Materials provided in the proposal]
Material that is not within the scope of Yard Waste, and is not Contamination.
1.13 Receipt of yard waste.
Transport of Yard Waste by the CONRACTOR or other COUNTY approved designated
haulers, to the Yard Waste Processing Facility.
1.14 Residue.
Constituents of the Yard Waste Processing that can not be Processed into an Approved
Product. Disposal of Residue is the sole responsibility of the CONTRACTOR.
1.15 Sold.
A market -based transaction when the ownership of the Approved Product is documented
through a bill of sale, sales agreement, cancelled checks, invoice, or other appropriate
written documentation.
1.16 Transfer Stations.
The three transfer facilities located on Cudjoe Key, Long Key and Key Largo, or such
place or places specifically designated by the COUNTY Representative.
1.17 Yard Waste.
Vegetative matter results from landscaping maintenance or land clearing operations and
includes, but not limited to, materials such as tree and shrub trimmings, grass clippings,
mulch, palm fronds, tree stumps, tree limbs, etc., that is delivered to County Transfer
Stations.
1.18 Yard Waste Process inn Facility,
[Definition to be updated based on CONTRACTOR's facility type and location.]
2 ARTICLE2 TERMOFAGREEMENT
2.1 Initial Term.
The Initial Term of this Agreement shall be for a period beginning on the Effective Date and
terminating in five years, on . 2020. The County shall have the option to
renew this Agreement under the same terms and conditions as are set forth herein for two (2)
additional (5) five year periods at is sole discretion. Any renewal must be in writing and signed
by the parties.
2.2 Failure to Meet Minim um Reauirements.
CONTRACTOR acknowledges and agrees that if CONTRACTOR fails to meet the
diversion and Performance Standards set forth in Article 5, or to cure any conditions
that would constitute a default under Article 16 of this Agreement during all applicable
years of the first extended term, the extension of term set forth in Section 2.1 shall
be of no effect and this Agreement shall terminate on , 2020.
In the event CONTRACTOR meets some, but not all, of the diversion and Performance
Standards set forth in Article 5, or to cure some, but not all, of the conditions that would
constitute a default under Article 16 of this Agreement, COUNTY may, but shall have no
obligation to, offer CONTRACTOR an extension of the term of this Agreement.
3 ARTICLE 3 REPRESENTATIONS AND WARRANTIES
By executing this Agreement, CONTRACTOR makes the following express representations and
warranties to the COUNTY:
3.1 Ora an ization/Authorization:
CONTRACTOR is a [insert nature of entity] duly organized, validly existing and in good
standing under the laws of the State of Florida. It is qualified to transact businesses in the
State of Florida and has the power to own its properties and to carry on its business as
now owned and operated and as required by this Agreement. CONTRACTOR has the
authority to enter into and perform its obligations under this Agreement. The Board of
Directors, shareholders, or general partner has/have taken all actions required by law, its
sections of incorporation, its bylaws, or otherwise, to authorize the execution of this
Agreement. The real person(s) signing this Agreement on behalf of CONTRACTOR
has/have authority to do so.
3.2 Maintenance of license/permits:
The CONTRACTOR shall maintain all necessary licenses, permits or other authorizations
necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties
hereunder have been fully satisfied;
3.3 Professional Standards:
The CONTRACTOR has become familiar with the Project site and the local conditions
under which the Work is to be completed.
The CONTRACTOR shall prepare all documentation required by this Agreement in such a
manner that they shall be accurate, coordinated and adequate for use in verifying work
completed and shall be in conformity and comply with all applicable law, codes and regulations.
Sample Contract
The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be
adequate and sufficient to document costs in a manner that is acceptable for reimbursement by
government agencies, therefore eliminating any additional cost due to missing or incorrect
information;
The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his
performance and those directly under his employ.
The CONTRACTOR'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. CONTRACTOR has the
expertise and professional and technical capability to perform all of its obligations under this
Agreement and is ready, willing and able to so perform. In providing all services pursuant to this
agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations
pertaining to, or regulating the provisions of such services, including those now in effect and
hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to terminate this
contract immediately upon delivery of written notice of termination to the CONTRACTOR.
3.4 Independent Contractor:
At all times and for all purposes under this agreement the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County. No
statement contained in this agreement shall be construed so as to find the CONTRACTOR or
any of his/her employees, contractors, servants, or agents to be employees of the Board of
County Commissioners for Monroe County.
3.5 Financial Condition:
CONTRACTOR has made available to COUNTY information on its financial condition, and that
of its partners. CONTRACTOR recognizes that COUNTY has relied on this information in
evaluating the sufficiency of CONTRACTOR's financial resources to perform this Agreement and
of its partners guaranty such performance. To the best of CONTRACTOR's knowledge, this
information is complete and accurate, does not contain any material misstatement of fact and
does not omit any fact necessary to prevent the information provided from being materially
misleading.
4 ARTICLE 4 Scope of Services
[The Scope of Services under this article may be amended based upon the successful proposal
and County approval.]
4.1 Laborand Eauipment.
CONTRACTOR shall provide and maintain all labor, equipment, tools, facilities, and personnel
supervision required for the performance of CONTRACTOR's obligations under this Agreement.
CONTRACTOR shall at all times have sufficient backup equipment and labor to fulfill
CONTRACTOR's obligations. The enumeration of, and specification of requirements for,
particular items of labor or equipment shall not relieve CONTRACTOR of the duty to furnish all
others that may be required, whether enumerated or not. No compensation for CONTRACTOR'
services or for CONTRACTOR's supply of labor, equipment, tools, facilities, or supervision shall
be provided or paid to CONTRACTOR by COUNTY or by any service recipient except as
expressly provided by this Agreement.
4.2 Vehicle Reaistration. Licensina and Inspection.
Sample Contract
All vehicles used by CONTRACTOR in the performance of services under this
Agreement shall be in compliance with all registration, licensing and inspection
requirements of the Florida Highway Patrol, the Florida Department of Motor Vehicles,
and any other applicable laws or regulations. CONTRACTOR may be subject to
administrative charges for not complying with all applicable laws or regulations for
vehicle registration, licensing and inspection.
CONTRACTOR shall maintain copies of all certificates and reports evidencing
compliance, and shall make such certificates and reports available for inspection upon
request by the COUNTY Representative. CONTRACTOR shall not use any vehicle to
perform services under this Agreement that is not in compliance with applicable
registration, licensing and inspection requirements.
4.3 Reserve Eauioment.
CONTRACTOR shall have available to it, at all time, reserve Yard Waste Processing
Services equipment which can be put into service and operation within twenty-four
(24) hours of any breakdown. Such reserve equipment shall correspond in size and
capacity to the equipment used by CONTRACTOR to perform the services required
by this Agreement.
4.4 Personnel Reauirements.
4.4.1 General Manaaer Qualifications.
CONTRACTOR shall have a qualified general manager or other individual with
direct responsibility for performance under this Agreement with experience in
performing the same or similar functions. Upon COUNTY request, CONTRACTOR
shall provide a written description of its general manager's duties,
responsibilities, and commitments to parties other than the COUNTY, including
duties and responsibilities related to CONTRACTOR management activities, and
other collection, processing or disposal operations. The written description shall
be provided within twelve (12) calendar days of the COUNTY request.
4.4.2 Access to General Manager.
The general manager shall be readily available to the COUNTY
Representative and the Administrator through the use of
telecommunications equipment at all times that CONTRACTOR is providing
services pursuant to this Agreement.
4.4.3 Emeraencv Contact.
CONTRACTOR shall provide the COUNTY Representative with emergency
phone number(s) at which the general manager, and any other CONTRACTOR
representative authorized to act on CONTRACTOR's behalf, can be reached
outside of normal CONTRACTOR office hours. The emergency representative
shall respond to any call from the COUNTYwithin one (1) hour.
4.4.4 Other Personnel Qualifications.
CONTRACTOR shall employ and assign qualified personnel to perform all
services set forth herein. CONTRACTOR shall be responsible for ensuring that
Sample Contract
its employees comply with all federal, state, and local laws applicable to their
employment, responsibility, and position.
4.4.5 Manaaement and Supervision.
CONTRACTOR shall at all times maintain a level of management and supervisory
staffing sufficient to perform the services required by this Agreement. Upon COUNTY
request, CONTRACTOR shall provide written identification of key management and
supervisory personnel, and such additional related information as may reasonably be
requested by the COUNTY, including but not limited to, organization chart(s),
resumes, job descriptions, identification of current responsibilities, and allocation of
time to responsibilities.
4.4.6 Trainina.
CONTRACTOR shall provide the initial and ongoing personnel training
necessary or required to perform the requirements of this Agreement. Training
include, but may not be limited to, operational training, safety training programs,
compliance with Equal Employment Opportunities (EEO), the Americans with
Disabilities Act (ADA), and other training as more specifically described in Exhibit
C-2, Processing Plan.
4.5 Facility Maintenance.
CONTRACTOR shall maintain the Yard Waste Processing Facility consistent with Exhibit C-2,
Processing Plan.
4.5.1 Facility Permitsand Licenses.
CONTRACTOR shall be solely responsible for obtaining, at its own expense, any and all permits,
licenses, and approvals necessary for the transportation, or Processing and Transfer of materials
Accepted in the performance of Yard Waste Processing Services, and maintain same in full force
and effect throughout the term of the Agreement.
4.5.2 Proof of Permits.
CONTRACTOR shall provide proof of such permits, licenses, or approvals and shall demonstrate
compliance with the terms and conditions of such permits, licenses, and approvals upon the
request of the COUNTY Representative.
4.5.3 Compliance.
CONTRACTOR shall at all times ensure that it is in full compliance with all other local, regional,
State and federal regulatory requirements. CONTRACTOR shall at all times anticipate, and be
proactive in identifying and actively participating in the timely resolution of issues related to
regulatory compliance in order to ensure that there is no lapse in CONTRACTOR's ability to fulfill
the requirements of this Agreement.
4.5.4 Facility Access.
CONTRACTOR shall at all times, with reasonable verbal notice, provide the COUNTY
Representative with access to any facilities engaged in providing Yard Waste Processing
Services. CONTRACTOR may be subject to administrative charges for failing to provide access
under this Section.
4.5.5 Hours ofOperation.
Sample Contract
The Yard Waste Processing Facility shall be open on the following schedule:
[Days/hours to be provided based in the proposal]
4.5.6 Office Hours.
CONTRACTOR and staff shall be available to COUNTY staff Monday through Friday from 8:30
AM
to 5:00 PM, or as otherwise approved by the COUNTY Representative.
4.6 Process i na Facility Capacity.
CONTRACTOR shall provide the Yard Waste Processing Facility, or provide alternate capacity,
adequate for Processing all Yard Waste Accepted pursuant to this Agreement.
4.7 Holiday Service.
COUNTY observes Thanksgiving Day, December 25th, and January 1st as legal holidays.
CONTRACTOR shall not be required to provide Yard Waste Processing Services, nor to
maintain office hours, on these designated holidays.
4.8 Transition:
CONTRACTOR understands and agrees that the time between the Effective Date and July 1,
2015 is intended to provide CONTRACTOR with sufficient time to, among other things, reach full
level of processing capacity, make all appropriate marketing arrangements to market the
Approved Products, and to complete all other requirements necessary to fully implement.
CONTRACTOR shall follow the activities specified in Exhibit C-1, Transition and Implementation
Plan, during the period between the Effective Date and July 1, 2015, and for the initial 12 months
after the implementation of Yard Waste Processing Services.
The Transition and Implementation Plan, Exhibit C-1, may be modified from time to time by
mutual written agreement of CONTRACTOR and the COUNTY Representative in order to
provide a smooth transition of services, provided that no such modification shall extend any time
for performance beyond the dates set forth in this Agreement.
Failure to adhere to Exhibit C-1, Transition and Implementation Plan, is subject to administrative
charges. Unresolved requirements before the end of the transition period may constitute a
default under Article 16 of the Agreement.
4.9 Accept:
CONTRACTOR shall Accept Yard Waste Delivered to County Transfer Station(s) [insert
applicable Transfer Station, if not all] for transfer and processing at the Yard Waste Processing
Facility in accordance with the protocol contained in Exhibit C-2, Processing Plan.
4.10 Weiahina of Incomina Yard Waste.
All Yard Waste to be processed by the CONTRACTOR will be weighed at the County's
Transfer Stations upon arrival by County collection haulers. [This Section may be modified
in the final agreement based on whether the Proposer offers to weigh and provide
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dedicated processing and/or if the service would require use of multiple facilities or
locations. ]
4.11 Weiahina of Approved Products and Other Outbound Materials.
CONTRACTOR shall weigh all Approved Products just prior to the time the Approved Products
leave the Yard Waste Processing Facility. In addition, CONTRACTOR shall weigh and report all
other materials that are sent off -site from the Yard Waste Processing Facility, including Residue.
[This section may be modified in the final agreement based on Proposer's Data Collection and
Reporting Plan provided in the proposal.]
4.12 Ownership of Material.
Title to the Yard Waste shall pass to CONTRACTOR when the CONTRACTOR takes
possession of the material at any of the three Transfer Stations.
4.13 LitterAbatement.
CONTRACTOR shall not litter premises in the process of providing the services required by this
Agreement. CONTRACTOR shall transport or cause the transport of all Yard Waste Material
and Residue in such a manner as to prevent the spilling or blowing of such waste from
CONTRACTOR's vehicle. CONTRACTOR agrees to clean up litter at the Yard Waste
Processing Facility within two (2) hours of receiving notice from the COUNTY. Notice may be
given by telephone, electronic mail ("email"), or facsimile.
4.14 Process inaServices.
CONTRACTOR shall ensure that the Yard Waste is processed in accordance with
Exhibit C-2, Processing Plan. CONTRACTOR may be subject to administrative
charges for shipping, selling, or disposing of Yard Waste that is not processed as
required by Exhibit C-2, Processing Plan.
4.15 Disposal of Residue.
CONTRACTOR shall properly dispose of any and all Residue removed at the Yard Waste
Processing Facility in accordance with this Agreement, at the sole expense of the
CONTRACTOR.
4.16 Approved Products.
CONTRACTOR shall ensure that all Yard Waste Accepted pursuant to this Agreement is
processed only into the Approved Products listed in Exhibit D.
4.16.1 Storage of Approved Products.
CONTRACTOR shall at all times provide for storage of Approved Products as
provided in Exhibit C-4, Approved Product Marketing Plan.
4.16.2 Emergency Storage of Approved Products.
CONTRACTOR shall at all times be prepared to provide, as necessary,
emergency storage of Approved Products as provided in Exhibit C-4, Approved
Product Marketing Plan.
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4.16.3 Additional Approved Products.
In the event additional products are identified by CONTRACTOR, CONTRACTOR
may make written request for approval of such additional products to the
Administrator. However, CONTRACTOR may not Process, or allow Processing
of, Yard Waste Streams into any such additional products unless these
products are approved by the Administrator in writing.
It is expressly understood that the Administrator may reject additional
products and that nothing herein shall in any way be deemed to require the
Administrator to authorize any additional products as Approved Products.
4.17 Marketing Services.
CONTRACTOR shall develop and maintain stable, highest, and best -use markets for the
Approved Products. CONTRACTOR shall at all times comply with the marketing
specifications and requirements of Exhibit C-4, Approved Product Marketing Plan.
4.17.1 Approved Products Sales Summary.
CONTRACTOR shall maintain such records as are necessary and sufficient to
verify that Yard Waste Accepted pursuant to this Agreement are Processed into
and marketed as Approved Products. Upon the request of the COUNTY
Representative, CONTRACTOR shall make available for inspection the following
sales information for all Approved Products Sold or donated: buyer, end user, or
secondary or tertiary processors that received the Approved Products.
4.18 EmeraencvService.
[To be updated based upon winning Proposer's proposal regarding ability to assist with
emergency services (i.e. additional materials from storm events).]
4.19 Continaencv.
CONTRACTOR shall follow the procedures set forth in Exhibit C-6, Contingency
Plan, for circumstances when operations at the Yard Waste Processing Facility
are diminished or unavailable for any reason.
5 ARTICLE 5 DIVERSION AND PERFORMANCE STANDARDS
[This section may be modified in the final agreement based on Proposer's Diversion Plan
provided in the proposal.]
5.1 Minimum Diversion Standards.
Beginning July 1, 2015, CONTRACTOR shall achieve Diversion Standard [insert specifics from
Diversion Plan of proposal, as appropriate] for Yard Waste per calendar year. The Diversion
Standard shall be calculated in the following manner:
The Diversion Standard for each Yard Waste (YW) will be calculated on a
calendar year basis beginning July 1, 2016, as the tons of Yard Waste Accepted
less the tons of Residue divided by the tons of Yard Waste Accepted in the
applicable calendar year:
Diversion Rate =(Tons of YW Accepted — Tons Residue)/ Tons of YW Accepted
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5.2 Additional Provisions.
CONTRACTOR acknowledges that COUNTY shall have the right to review all supporting
documentation relevant to verifying Diversion Standard calculations and incentive payments;
and planning for any increase to Diversion Standards.
5.3 Failure to Achieve Minimum Diversion Standards.
CONTRACTOR acknowledges and agrees that failure to meet the minimum Diversion
Standards set forth in this Article may result in the termination of this Agreement or the
imposition of administrative charges as provided in Exhibit B.
5.4 Increasina Diversion Standard
CONTRACTOR acknowledges that COUNTY may request an increase to the Diversion
Standards. The amendments to the scope and change to the compensation rate, if any, are to
be mutually agreed upon by COUNTY and CONTRACTOR pursuant to Additional Services
under Article 7.
6 ARTICLE6 NOTICES
All written correspondence to the COUNTY shall be dated and signed by an authorized
representative of the CONTRACTOR. Any notice required or permitted under this Agreement
shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified
mail, return receipt requested, to the following:
Rosa Washington
Solid Waste Department
Monroe County
1100 Simonton Street, Room 2-216
Key West, Florida 33040
And: Mr. Roman Gastesi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
For the Contractor:
7 ARTICLE 7 ADDITIONAL SERVICES
7.1 Additional services are services not included in the Scope of Basic Services. Should the
COUNTY require additional services they shall be paid for by the COUNTY at rates or fees
negotiated at the time when services are required, but only if approved by the COUNTY
before commencement.
7.2 If Additional Services are required the COUNTY shall issue a letter requesting and
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describing the requested services to the CONTRACTOR. The CONTRACTOR shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a notice to proceed from the COUNTY, shall the
CONTRACTOR proceed with the Additional Services.
8 COUNTY'S RESPONSIBILITIES
8.1 The COUNTY shall provide full information upon request regarding requirements for the
Project.
8.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
respect to the Project. The COUNTY or its representative shall render decisions in a timely
manner pertaining to request submitted by the CONTRACTOR in order to avoid
unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S
services.
8.3 Prompt written notice shall be given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents. Written notice shall be deemed to have
been duly served if sent pursuant to Article 6.
8.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services and work of the contractors.
8.5 Any information that may be of assistance to the CONTRACTOR that the COUNTY has
immediate access to will be provided as requested.
9 INDEMNIFICATION AND HOLD HARMLESS
9.1 The CONTRACTOR covenants and agrees to indemnify and hold harmless
COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers
and employees from liabilities, damages, losses and costs, including but not limited to,
reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or
intentional wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons
employed or utilized by the CONTRACTOR in the performance of the contract.
9.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement.
Should any claims be asserted against the COUNTY by virtue of any deficiency or
ambiguity in the plans and specifications provided by the CONTRACTOR, the
CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall
indemnify him from all losses occurring thereby and shall further defend any claim or
action on the COUNTY'S behalf.
9.3 In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required
insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased
expenses resulting from such delays. Should any claims be asserted against COUNTY by
virtue of any deficiencies or ambiguity in the plans and specifications provide by the
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CONTRACTOR the CONTRACTOR agrees and warrants that CONTRACTOR hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall
further defend any claims or action on the COUNTY'S behalf.
9.4 The extent of liability is in no way limited to, reduced or lessened by the insurance
requirements contained elsewhere within the Agreement.
9.5 This indemnification shall survive the expiration or early termination of the Agreement.
10 PERSONNEL
The CONTRACTOR shall assign only qualified personnel to perform any service concerning the
project. At the time of execution of this Agreement, the parties anticipate that the following
named individuals will perform those functions as indicated:
NAME
FUNCTION
So long as the individuals named above remain actively employed or retained by the
CONTRACTOR, they shall perform the functions indicated next to their names. If they are
replaced the CONTRACTOR shall notify the COUNTY of the change immediately.
11 COMPENSATION
11.1 PAYMENT SUM
The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Exhibit A, Compensation Rates, and shall be the full, entire and complete compensation due to
CONTRACTOR for all costs necessary to perform all services required by this Agreement in the
manner and at the times prescribed.
11.2 PAYMENTS
For its assumption and performances of the duties, obligations and responsibilities set forth
herein, the CONTRACTOR shall be paid monthly. Payment will be made pursuant to the Local
Government Prompt Payment Act 218.70, Florida Statutes.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by
amendment to this Agreement after execution of this Agreement, compensation due to the
CONTRACTOR shall be equitably adjusted, either upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR
shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to
COUNTY requesting payment for services properly rendered and reimbursable expenses due
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hereunder. The CONTRACTOR'S invoice shall describe with reasonable particularity the service
rendered. The CONTRACTOR'S invoice shall be accompanied by such documentation or data
in support of expenses for which payment is sought at the COUNTY may require.
11.3 BUDGET
11.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to
pay, any fees or expenses in excess of the amount budgeted for this contract in each
fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners.
The budgeted amount may only be modified by an affirmative act of the COUNTY's
Board of County Commissioners.
11.3.2 The COUNTY's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of contract initiation and its duration.
12 INSURANCE
12.1 The CONTRACTOR shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of the
project (to include the work of others) is delayed or suspended as a result of the
CONTRACTOR'S failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
12.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of
VI or better, that is licensed to business in the State of Florida and that has an agent for
service of process within the State of Florida. The coverage shall contain an endorsement
providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage.
Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a
form acceptable to the COUNTY.
12.3 CONTRACTOR shall obtain and maintain the following policies:
A. Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering
claims for injuries to members of the public and/or damages to property of others
arising from use of motor vehicles, including onsite and offsite operations, and owned,
hired or non -owned vehicles, with One Million Dollars ($1,000,000.00) combined
single limit and One Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors or subcontractors, including Premises and/or Operations, Products
and Completed Operations, Independent Contractors; Broad Form Property Damage
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and a Blanket Contractual Liability Endorsement with One Million Dollars
($1,000,000) per occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or after
the effective date of this contract. In addition, the period for which claims may be
reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Professional liability insurance of One Million Dollars ($1,000,000.00) per
occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is
a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail"
to cover claims made after completion of the project to cover the statutory time limits
in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S
liabilities hereunder in insurance coverages identified in Paragraphs C and D.
G. CONTRACTOR shall require its subcontractors to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONTRACTOR if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for
increased limits of insurance for subcontractors.
H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all
insurance policies including those naming the COUNTY as an additional insured. The
COUNTY reserves the right to require a certified copy of such policies upon request.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance
will be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the COUNTY.
13 Article 13 Reaortina Reauirements.
13.1 Transition and Implementation Reaorts.
13.1.1 General.
CONTRACTOR acknowledges it is critical that the COUNTY be informed of the status
of the transition and implementation of Yard Waste Processing Services.
CONTRACTOR shall provide, at a minimum, a monthly report following the first
month of the transition period; a biweekly report from _ , 2014 through
2020; and weekly reports through , 2020. The
contents of these reports shall be mutually agreed by CONTRACTOR and the
COUNTY Representative.
13.1.2 Transition Schedule.
CONTRACTOR acknowledges that the deadlines specified in Exhibit C-1, Transition
and Implementation Plan for facility development, modification, expansions, or other
activities are critical to ensuring processing capacity by , 2015.
CONTRACTOR may request changes to this schedule provided CONTRACTOR
makes the request at least 48 hours before the due date, the CONTRACTOR submits
a plan to mitigate the delay, and the change would not result in extending the start-up
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date beyond , 2015. COUNTY reserves the right to impose
administrative charges for any delays beyond , 2015 if the delay is
due to CONTRACTOR's failure, partially or fully, to complete one or more tasks on or
before the dates specified in Exhibit C-1, Transition and Implementation Plan.
13.2 Summary of Monthly, Quarterly, and Annual
Reporting Requirements.
13.2.1 Operational Data.
The following table identifies the operational data the CONTRACTOR shall
routinely submit.
Operational Data
Monthly
Quarterly
Annual
Tons Delivered
X
Tons Rejected
X
Tons Accepted
X
Tons Processed
X
Tons Sold (list separately by the
type of Approved Product
classification and include total
Tons Sold)
X
Tons of Residue Disposed and
Name of Disposal Facility(ies) Used
X
Diversion Rate
X
Diversion Standard
X
% of Tonnage Allocation Used
X
Significant Events
X
Updated Marketing Plan
X
13.2.2 Financial Information.
The following table identifies the financial information the CONTRACTOR
shall routinely submit.
Financial Information
Monthly
Quarterly
Annual
Amount billed to COUNTY
X
COUNTY fees or payments (if any)
due
X
COUNTY past due amount
X
Total revenue received from
Approved Products Sold
X
Average price per Ton of
Approved
X
Audited Financial Statements
X
Affiliate Financial Information
X
13.2.3 Monthlv Reaorts.
13.2.3.1 Tons Delivered, Rejected, Accepted, Processed, and Sold. The tons Delivered,
Accepted, Processed, and Sold shall be calculated using daily Tonnage
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reports from the scale house data management system. Note that the tons
Accepted shall be calculated as the tons Delivered less tons Rejected. Tons
Accepted shall separately treat tons Accepted on a conditional basis.
13.2.3.2 Tons Residue Disposed. The tons of Residue Disposed shall be the tonnage
determined in accordance with procedures described in Article 7.
13.2.3.3 Diversion Rate. The Diversion Rate shall be calculated in accordance with
procedures described in Article 5.
13.2.3.4 COUNTYfees or payments (if any) due to COUNTY. If the CONTRACTOR owes the
COUNTY fees or administrative charges, the CONTRACTOR shall itemize each
fee or payment due for the most -recently completed month.
13.2.4 Quarterly Reports.
13.2.4.1 Significant Events. CONTRACTOR shall discuss any significant events that have
impacted or will impact the organization and/or the Yard Waste Processing
Facility including, but not limited to, operational changes related to receipt,
Acceptance, Processing, marketing, Residue Disposal, hazardous materials,
and notices of violations. CONTRACTOR shall describe the potential
consequences of such events and plans to mitigate such consequences.
13.2.4.2 Total Revenue Received from Approved Products Sold. CONTRACTOR shall
report the total revenue received for Approved Products Sold during the most -
recently completed quarter. The revenue received shall be net of any
transportation costs incurred for delivering the Approved Products to the buyer.
13.2.4.3 Average Price per Ton of Approved Products Sold. CONTRACTOR shall calculate
the average price per Ton of Approved Products Sold, which shall be equal to the
total revenue received from Approved Products Sold divided by the Tons of
Approved Products Sold during the most -recently completed quarter.
13.2.5 Annual Reports.
13.2.5.1 Summary of Monthly Data. Annual reports shall include a summary report that
presents all monthly data required by the monthly reporting requirements and
shall include an annual total for each item reported.
13.2.5.2 Audited Financial Statements. Within one hundred twenty (120) calendar days
after the close of CONTRACTOR's fiscal year, CONTRACTOR shall deliver to the
COUNTY two (2) copies of the audited consolidated financial statements and
profit and loss statements of CONTRACTOR for the preceding fiscal year.
Financial statements shall include a supplemental combining schedule showing
CONTRACTOR's results of operations, including the specific revenues and
expenses in connection with the operations provided for in this Agreement from
others included in such financial statements. The financial statements and
footnotes shall be prepared in accordance with Generally Accepted Accounting
Principles (GAAP) consistently applied and fairly reflecting the results of operation
and CONTRACTOR's financial condition. Annual financial statements shall be
audited, in accordance with Generally Accepted Auditing Standards (GAAS) by a
Certified Public Accountant (CPA) who is a member of the American
institute of Certified Public Accountants (AICPA)licensed (in good
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standing) to practice public accounting in the State of Florida as determined by
the State of Florida Department of Consumer Affairs Board of Accountancy, and
that the CPA opinion on CONTRACTOR's annual financial statements shall be
unqualified, and shall contain the CPA's conclusions regarding the
CONTRACTOR's accounting policies and procedures, internal controls, and
operating policies. The CPA shall perform an evaluation and, if necessary, shall
cite recommendations for improvement.
13.3 Report Format.
CONTRACTOR shall provide records to the COUNTY using an electronic format
approved by the COUNTY Representative. The reports may be sent electronic mail ("e-
mail"), or if e-mail is not feasible, through an alternate electronic medium that is
compatible with the COUNTY's software and computer systems.
13.4 Report Submittal.
CONTRACTOR shall submit the following reports in accordance with the deadlines
set forth below.
13.4.1 Monthly Report.
CONTRACTOR shall submit monthly reports to the COUNTY on or before the last
day of the calendar month immediately following the monthly period covered by
the report.
13.4.2 Quarterly Report.
CONTRACTOR shall submit quarterly reports within thirty (30) days of the end
of the previous calendar quarter.
13.4.3 Annual Report.
CONTRACTOR shall submit annual reports on or before February 15th for the
services provided in the previous calendar year. The final annual report covering
the last six months of service shall be submitted by August 15th following
termination of the Agreement.
13.4.4 Submittal Day Exceptions.
If the last day of the month falls on a Saturday, Sunday or a designated holiday
under this Agreement, the report is due on the next calendar day.
13.4.5 Submittal to COUNTY.
All reports shall be submitted to the COUNTY Representative.
13.4.6 Late, Inaccurate, Incomplete Reports.
Reports that are not filed by the due date or are incomplete or inaccurate are
delinquent. CONTRACTOR shall submit a corrected report within thirty (30)
calendar days of written notice from the COUNTY. Administrative charges may be
imposed on CONTRACTOR for a late report, or failure to correct an inaccurate or
incomplete report.
Sample Contract
13.4.7 On -Request Reports.
CONTRACTOR shall maintain current information regarding key personnel;
vehicle inventory; composting data; lab tests of compost; all applicable local,
state, or federal permits; Approved Product sales; and tonnage for materials
Delivered, Rejected, Processed, Sold, and Disposed.
14 ARTICLE 14 FINANCIAL ASSURANCE OF PERFORMANCE
14.1 Performance Bond.
CONTRACTOR shall furnish to the COUNTY Clerk, and keep current, a Performance
Bond in a form as set forth in Exhibit E, Form of Performance Bond, to this Agreement,
for the faithful performance of this Agreement and all of CONTRACTOR's obligations
arising hereunder in an amount as follows:
From ten (10) calendar days from the Effective Date through sixty (60) days after the term
of this Agreement or until COUNTY issues a written release, whichever is later, for a
minimum amount of [$ insert 25% of the estimated total annual Processing fee.]
14.2 Licensed Surety.
The performance bond shall be executed by a surety company licensed to do
business in the State of Florida; having an "A-" or better rating by A. M. Best or Standard
and Poor's and included on the list of surety companies approved by the Treasurer of
the United States. If the performance bond is shorter than the term of this Agreement,
CONTRACTOR shall submit proof of renewal or extension at least ninety (90) calendar
days prior to the performance bond expiration date.
14.3 Alternative Security.
CONTRACTOR may request, and COUNTY may allow CONTRACTOR to provide the
following alternative security for the performance of this Agreement in the same
amount specified for the Performance Bond in the form of: (a) a prepaid irrevocable
standby letter of credit from a financial institution satisfactory to the Administrator, which
authorizes the County to withdraw funds in the event of a default under this Agreement; and
approved as to form by the COUNTY Attorney; or (b) a certificate of deposit in the
name of the COUNTYwith a financial institution satisfactory to the Administrator.
In the event alternative security is approved by the COUNTY, CONTRACTOR shall notify
the COUNTY Representative within three (3) calendar days of any change in status.
COUNTY may periodically request verification from the financial institution that issued the
letter of credit regarding the status of the letter of credit. If the letter of credit is no longer
in full effect, CONTRACTOR must cure the defect within five (5) calendar days. Failure to
cure within this period may subject the CONTRACTOR to administrative charges.
15 MISCELLANEOUS
15.1 SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this Agreement
and will not be used in the interpretation of any provision of this Agreement.
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15.2 OWNERSHIP OF THE PROJECT DOCUMENTS
Any documents prepared by the CONTRACTOR for this Project belong to the COUNTY and
may be reproduced and copied without acknowledgement or permission of the
CONTRACTOR.
15.3 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County Commissioners for
Monroe County and the CONTRACTOR, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated by
reference into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this agreement. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of such
other party.
15.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
16 TERMINATION
Either of the parties hereto may cancel this Agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so.
16.1 COUNTY may cancel this Agreement, except as otherwise provided below in this
section, by giving the CONTRACTOR sixty (60) calendar days advance written notice,
to be served as provided in Article 6, Notices, upon the happening of any one of the
following events:
a. 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 (court) or a petition or answer seeking
an arrangement for its reorganization or the readjustment of its
indebtedness under the Federal bankruptcy laws or under any other law or
statute of the United States or any state thereof, or consent to the
appointment of a receiver, trustee or liquidator of all or substantially all of its
property; or
b. 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 CONTRACTOR, seeking its reorganization or the
readjustment of its indebtedness under Federal bankruptcy laws or under
any law or statute of the United States or of any state thereof, provided that
if any such judgment or order is stayed or vacated within sixty (60) calendar
days after the entry thereof, any notice of default 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
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C. By, or pursuant to, or under the 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
CONTRACTOR, and such possession or control shall continue in effect for a
period of sixty (60) calendar days; or
d. CONTRACTOR has defaulted, by failing or refusing to pay in a timely manner
the administrative charges, or other monies due COUNTY, and said default
is not cured within thirty (30) calendar days of receipt of written notice by
COUNTY to do so; or
e. CONTRACTOR has defaulted by allowing any final judgment for the payment
of money to stand against it unsatisfied and said default is not cured within
thirty (30) calendar days of receipt of written notice by COUNTY to do so; or
f. In the event that the monies due COUNTY under Section 17.1.1.4 above or
an unsatisfied final judgment under Section 17.1.1.5 above is the subject of
a judicial proceeding, CONTRACTOR shall not be in default if the sum of
money is bonded. All bonds shall be in a form acceptable to the COUNTY
Attorney; or
g. CONTRACTOR has failed to achieve one or more of the Diversion
Standards pursuant to Article 5 for two consecutive annual reporting
periods and such default is not cured within thirty (30) calendar days of receipt
of written notice by COUNTY to do so; or
h. CONTRACTOR has defaulted, by failing or refusing to perform or observe the
terms, conditions or covenants in this Agreement or any of the rules and
regulations promulgated by COUNTY pursuant thereto or has wrongfully
failed or refused to comply with the instructions of the COUNTY
Representative relative thereto and said default is not cured within thirty (30)
calendar days of receipt of written notice from COUNTY to do so, or if by
reason of the nature of such default, the same cannot be remedied within
thirty (30) calendar days following receipt by CONTRACTOR of written
demand from COUNTY to do so, CONTRACTOR fails to commence the
remedy of such default within said thirty (30) calendar 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 (a) that the default cannot be cured within thirty (30) calendar
days, and (b) that it is proceeding with diligence to cure said default, and
such default will be cured within a reasonable period of time).
CONTRACTOR has failed or refused to perform Yard Waste Processing
Services for a period of more than two (2) calendar days, and
CONTRACTOR has not cured the default within ten (10) calendar days from
written notification by COUNTY. The COUNTY is not required to provide
CONTRACTOR with an opportunity to cure if the CONTRACTOR had an
incident within the previous twenty-four (24) months of failing or refusing to
perform Yard Waste Processing Services for a period of more than two (2)
calendar days.
16.2 Violations.
Notwithstanding the foregoing and as supplemental and additional means of termination
of this Agreement under this Article, in the event that CONTRACTOR's record of
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performance show 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 the COUNTY Manager and regardless of
whether CONTRACTOR has corrected each individual condition of default, CONTRACTOR
shall be deemed a "habitual violator", shall be deemed to have waived 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 Manager shall thereupon issue CONTRACTOR a 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 the Agreement. In the event of any such subsequent
default, the COUNTY Manager may terminate this Agreement upon giving of written final
notice to CONTRACTOR, such termination to be effective upon the date specified in the
COUNTY Manager's written notice to CONTRACTOR. Upon such termination, all
contractual fees due hereunder plus any and all charges and interest, if any, shall be
payable to the date of termination, and CONTRACTOR shall have no further rights
hereunder. Immediately upon the specified date in such final notice, CONTRACTOR shall
cease any further performance of services under this Agreement.
16.3 Effective Date of Termination.
In the event of the aforesaid events specified in Sections 16.1 and 16.2 above, and
except as otherwise provided in said Sections, termination shall be effective upon the
date specified in the COUNTY Manager's written notice to CONTRACTOR and upon said
date, this Agreement shall be deemed immediately terminated and upon such
termination, all liability of COUNTY under this Agreement to CONTRACTOR, other than the
payment of moneys due, shall cease and COUNTY shall have the right to call the
performance bond or other form of financial assurances and shall be free to negotiate
with other contractors for the performance of the services specified in this Agreement.
In the event of CONTRACTOR's failure to perform, CONTRACTOR shall reimburse
COUNTY for all direct and indirect costs incurred by COUNTY in providing interim
services.
16.4 Immediate Termination.
The COUNTY may terminate this Agreement immediately upon written notice to
CONTRACTOR in the event CONTRACTOR fails to provide and maintain the
Performance Bond or other form of financial assurances as required by this
Agreement, CONTRACTOR fails to obtain or maintain insurance policies endorsements
as required by this Agreement, CONTRACTOR fails to provide the proof of insurance
as required by this Agreement, or CONTRACTOR offers or gives any gift prohibited by
law.
16.5 Termination Cumulative.
COUNTY's right to terminate this Agreement is cumulative to any other rights and
remedies provided by law or by this Agreement.
17 ChanneinLaw.
COUNTY and CONTRACTOR understand and agree that the F I o r i d a Legislature has
the authority to make comprehensive changes in Solid Waste Management legislation
and that these and other changes in law in the future which mandate certain actions or
programs for counties or municipalities may require changes or modifications in some of
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the terms, conditions or obligations under this Agreement. CONTRACTOR agrees that the
terms and provisions of the COUNTY of Code, as it now exists or as it may be amended
in the future, shall apply to all of the provisions of this Agreement. In the event any future
change in the C o u n t y Code materially alters the obligations of CONTRACTOR, then the
affected service rates, as established in Exhibit A, Compensation Rates, of this
Agreement shall be adjusted. Nothing contained in this Agreement shall require any
party to perform any act or function contrary to law. COUNTY and CONTRACTOR agree to
enter into good faith negotiations regarding modifications to this Agreement which may
be required in order to implement changes in the interest of the public welfare or due to
change in law. When such modifications are made to this Agreement, COUNTY and
CONTRACTOR shall negotiate in good faith, a reasonable and appropriate
compensation adjustment for any increase or decrease in the services or other
obligations required of CONTRACTOR due to any modification in the Agreement under
this Article. COUNTY and CONTRACTOR shall not unreasonably withhold agreement to
such compensation adjustment.
18 Amendments to Code.
COUNTY shall provide written notice to CONTRACTOR of any planned amendment to
Chapter 21, or to other applicable chapters of the Monroe County Code that would
substantially affect the performance of CONTRACTOR's services pursuant to the
Agreement. Except in the case of an amendment determined by the COUNTY Council to
be an urgency measure, such notice shall be provided at least thirty (30) calendar days
prior to the COUNTY Council's approval of such an amendment.
19 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, this Form of Agreement
(Articles 1-43), the CONTRACTOR'S response to the RFP, the documents referred to in the
Form of Agreement as a part of this Agreement, and attachments , and
modifications made after execution by written amendment. In the event of any conflict between
any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will
control.
20 Ownership of Written Materials.
All reports, documents, or other materials developed or discovered by CONTRACTOR or
any other person engaged by CONTRACTOR in connection with the services to be
performed under this Agreement shall be and shall remain the property of the COUNTY
without limitation or restrictions on the use of such materials.
21 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on contracts to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or Contractor
under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
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By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from COUNTY's competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined by
Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally
charged with committing an act defined as a "public entity crime" regardless of the amount of
money involved or whether CON USULTANT has been placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or subcontractor is
formally charged with an act defined as a "public entity crime" or has been placed on the
convicted vendor list.
22 MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Records shall be retained for a period of five years from the termination of
this agreement. Each party to this Agreement or its authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid
to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay
the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,
running from the date the monies were paid by the COUNTY.
23 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, COUNTY and CONTRACTOR agree that venue shall lie in the
16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate
administrative body. This agreement shall not be subject to arbitration. Mediation proceedings
initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules
of Civil Procedure and usual and customary procedures required by the circuit court of Monroe
County.
24 SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
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25 ATTORNEYS FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket expenses, as an award against the non -prevailing party, and
shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
26 BINDING EFFECT
The terms,
benefit of
covenants, conditions, and provisions of this Agreement shall bind and inure to the
the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
27 AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
28 CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek,
and obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
29 ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue or
issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue
or issues are still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida law. This
provision does not negate or waive the provisions of paragraph 9.5 concerning termination or
cancellation.
30 COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR
agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision
of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
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31 NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and
it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY
agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683,
and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the
Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the
basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act
of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation
Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI,
which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,
sexual orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or
the subject matter of, this Agreement.
32 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
33 CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
34 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
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its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
35 PUBLIC ACCESS.
The CONTRACTOR and COUNTY shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the CONTRACTOR
and COUNTY in connection with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public
records laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required
by Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to
Monroe County all public records in possession of the contractor upon termination of the
contract and destroy any duplicate public records that are exempt or confidential and
exempt from public records disclosure requirements. All records stored electronically
must be provided to Monroe County in a format that is compatible with the information
technology systems of Monroe County.
36 NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance pool
coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall
any contract entered into by the COUNTY be required to contain any provision for waiver.
37 PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of the
COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
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38 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall
it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation
or responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the
extent permitted by the Florida constitution, state statute, and case law.
39 NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither
the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
40 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth
in negotiation certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Agreement are accurate, complete, and current at the time of
contracting. The original contract price and any additions thereto shall be adjusted to exclude
any significant sums by which the agency determines the contract price was increased due to
inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such
adjustments must be made within one year following the end of the Agreement.
41 NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
42 EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year first above written.
(SEAL)
Attest: Amy Heavilin , Clerk
Bv:
Deputy Clerk
Date:
(Seal)
Attest:
M
Title:
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Bv:
Mayor/Chairman
Contractor
in
Title:
END OF AGREEMENT
*:1:111kwil
COMPENSATION RATES
[To be updated with appropriate rates and facility(ies).]
Beginning services on_, 2015, COUNTY shall compensate
CONTRACTOR for services performed in accordance with this Agreement
according to the following rates:
Fees ($/Ton)
Task
Fee
Load/transfer and transport from existing Transfer Stations
$ /ton
Process Yard Waste inclusive of marketing and sales of by-
products/commodities, residue transport and disposal, capital and
operations, fees, taxes, license's, etc.
$ /ton
Other:
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EXHIBIT B
ADMINISTRATIVE CHARGES
Desdiption
Ampubt
OPERATING STANDARDS
1.
Implementation Delay. Failure to meet transition timeline
$500 per milestone per
milestones as specified in Exhibit C-11 Transition and
day.
Implementation Plan.
2.
Inadequate Capacity. Failure to provide adequate primary
$1,000 per business day.
and alternate processing capacity by , 2015, or
during the term of the Agreement.
3.
Failure to Process. Shipping, selling, or disposing of
$1,000 per incident.
Yard Waste that is not Processed as required by Exhibit
C-2, Processing Plan.
4.
Commingling of C o u n ty Materials with Others.
$500 per incident.
Commingling of Yard Waste Materials collected inside and
outside of Monroe County prior to weighing.
5.
Failure to Notice County about Facility Concerns. Failure to
$500 per incident.
provide immediate notice to County of any issue or problem
related to use of Processing, Transfer, or Disposal Facilities.
6.
Unauthorized Use of Facilities. Use of Processing or
$1,000 per incident.
Transfer Facilities that are not approved by the County.
VEHICLE STANDARDS
7.
Vehicle Noncompliance. Failure to license, register, and
$100 per incident per
inspect the vehicles in accordance with all applicable laws
business day.
and regulations.
8.
Litter Abatement. Failure to properly transport Yard Waste
$250 per incident.
Material and Residue and prevent the spilling and blowing of
such waste from the vehicle by use of a cover.
REPORTING
9.
Late Submittals. Failure to maintain or timely submit to the
$250 per incident per
COUNTY any documents or reports required under Article 13.
business day.
10.
Inaccurate Submittals. Failure to correct any inaccurate or
$250 per incident per
incomplete reports as required by the COUNTY.
business day.
OTHER
11.
Obtain and Maintain Permits, Licenses, and Approvals.
$250 per incident per
Failure to obtain and maintain any and all permits, licenses,
business day.
and approvals necessary for the Transfer, Processing and/or
transportation of materials during performance of Yard Waste
Processing Services.
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Description Am
12. Notice of Violations. For each notice of violation received $1,000 for each violation.
from the Local Enforcement Agency, the Department of
Environmental Protection, or other regulatory agency.
13. Denial of Site Access. Failure to provide facility access to $500 per incident per
the COUNTY. business day.
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EXHIBIT C
PLANS
Subject to COUNTY approval, the Plans submitted by Proposer will be incorporated into the
body of the final Agreement or in this Exhibit. The anticipated Plans include:
C I Transition and Implementation Plan
C 2 Processing Plan
C 3 Diversion Plan
C 4 Approved Product Marketing Plan
C 5 Data Collection and Reporting Plan
C 6 Contingency Plan
EXHIBIT D
APPROVED
PRODUCTS
CONTRACTOR shall ensure that all products produced from Yard Waste Processed pursuant to
this Agreement meet the requirements specified below. [List may be modified before final
agreement, based on winning proposal. May expand to include energy from waste
(incineration).]
Ash
Ash formed by incineration of the inorganic constituents of the waste, and may take the form of
solid lumps or ash flakes
Compost
"Compost means solid waste which has undergone biological decomposition of organic matter,
has been disinfected using composting or similar technologies, and has been stabilized to a degree
that is potentially beneficial to plant growth and that is used or sold for use as a soil amendment,
artificial top soil, growing medium amendment or other similar uses..
"Composting" means the process by which biological decomposition of organic solid waste is carried out
under controlled aerobic conditions, and that stabilizes the organic fraction into a material which can easily
and safely be stored, handled and used in an environmentally acceptable manner. The presence of anaerobic
zones within the composting material will not cause the process to be classified as other than composting.
Wood and Fiber Mulch
'Wood and fiber mulch" means products generated from the carbon fraction of Yard Waste
by composting the Yard Waste to eliminate weed seeds, and processing the Yard Waste into
a material that can be used by contractors and landscapers to mulch areas for the control
of weeds or erosion.
Green Soil Amendment
"Green Soil Amendment" means material produced from the immature unders from the
initial Yard Waste pre-screening or grinding process that are not placed into windrows for
composting but can be used as a weed control product, or as an amendment to soil via
disking or land application. Land application does not include use as a cover material for a
landfill operation.
Top Soil Additive
"Top soil additive" means a material made from fines blended with soils where the fines
are generated from stockpiled overs from the composting process (e.g., tree trimmings)
that are placed in windrows and periodically turned and screened to produce the fines.
Co -Generation Fuel
"Co -generation fuel" means material that is produced by regrinding and screening overs
from the pre-processing of incoming materials or from the post -processing of finished
products and that is sold to the co -generation market as fuel.
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Animal Bedding
"Animal bedding" means material that is generated from the carbon fraction of Yard Waste
by composting the material to eliminate weed seeds and then producing a
material suitable for use as bedding in horse stables and dairies.
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EXHIBIT E
FORM OF PERFORMANCE BOND
YARD WASTE PROCESSING SERVICES
FOR MONROE COUNTY, FLORIDA
KNOW ALL MEN BY THESE PRESENTS: that
(here insert full name and address or legal title of contractor)
as Principal, hereinafter called Contractor, and,
(Name of Insurer)
as Surety, hereinafter called Surety, are held firmly bound unto the COUNTY OF MONROE,
FLORIDA as Obligee, hereinafter called the COUNTY, in the amount of not less than (amount to
be inserted equal to 25% of the CONTRACTOR's estimated annual processing fee) for the
payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmlyby these presents.
WHEREAS, Contractor has by written agreement dated , 20, entered into an
Agreement with the COUNTY for providing Yard Waste Processing Services in accordance with
RFP specifications and Agreement of MONROE COUNTY, FL, which Agreement is by reference
made a part hereof, and is hereinafter referred to as the Agreement.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall
promptly and faithfully perform said Agreement, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the COUNTY.
Whenever Contractor shall be, and declared by the COUNTY to be in default under the
Agreement, the COUNTY having performed the COUNTY's obligations thereunder, the Surety
may promptly remedy the default, or shall promptly perform one of the following:
1. Complete the Agreement in accordance with its terms and conditions.
2. Obtain a bid or bids for completing the Agreement in accordance with the terms
and conditions, and upon determination by the Surety of the lowest responsible
bidder, or if the COUNTY elects, upon determination by the COUNTY and the
Surety jointly obtain a bid or bids for completing the Agreement in accordance
with the terms and conditions, and upon determination by the Surety of the lowest
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responsible bidder, or if the COUNTY elects, upon determination by the
COUNTY and the Surety jointly of the lowest responsible bidder, arrange for an
agreement between such bidder and the COUNTY, and make available as work
progresses (even thought there should be a default or a succession of defaults
under the Agreement or Agreement of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the Agreement
price; but not exceeding, including costs and damages for which the Surety may
be liable hereunder, the amount set forth in the first paragraph hereof The term
"balance of the Agreement price," as used in this paragraph, shall mean the total
amount payable by the COUNTY to Contractor under the Agreement and any
amendments thereto, less the amount properly paid by the COUNTY to
Contractor.
Any suit under this bond must be instituted before the expiration date of the Agreement or if
extended for an additional term by the COUNTY, the expiration of the extended term.
No right of action shall accrue on this bond to or for the use of any person or corporation other
than the COUNTY named herein or the executor, administrator or successors of the COUNTY of.
Signed and sealed this day of , 20_.
(Principal) (Seal)
(Witness) (Title)
Surety (Seal)
(Name of Insurer)
(Witness) By:
(Attorney -in -Fact)
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