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CENTRAL SERVICES GROUP Telephone (321) 617-7390

PURCHASING SERVICES Fax (321) 617-7391


Brevard County Government Center Fax (321) 637-5302
2725 Judge Fran Jamieson Way,
Bldg. C, Suite C-303
Viera, FL 32940
Solid Waste and Recycle Collection Services
P-4-12-23
July 24, 2012
Addendum 1
TO ALL PROSPECTIVE PROPOSERS
This is an Addendum to and shall be considered as part of the original Proposal package for the above
mentioned RFP. Please acknowledge receipt of Addendum 1 in space provided on Price Sheet.
Proposers are requested to acknowledge receipt of this Addendum with their Proposal.
RESPONSES TO QUESTIONS RECEIVED:
1. Proposed Schedule
-Page 10: Proposals due by August 14
Will the County entertain an extension of the deadline for the submission of proposals, perhaps an
additional 30 days? There are numerous issues which must be addressed, and it is possible that
additional preparation time for responses could be beneficial to the County.
RESPONSE: The County will entertain requests for additional time at the mandatory pre-proposal
meeting on August 2, 2012.
2. Construction and demolition debris
-Page 11 : States that C&D will not be a part of the exclusive franchise
-Page 32: Sect. 2(3) seems to indicate that C&D is exclusive
f am seeking confirmation that C&D is not part of the exclusive franchise.
RESPONSE: C&D is not part of the exclusive franchise agreement and will not be included in the
future franchise.
3. Evaluation and Selection Process
-Page 25: Evaluation is based 50% on price.
I' m working from memory at the moment and will review the video of the 8/18/2011 Sol id Waste
Workshop the Board conducted, but I recall the commission, by consent , specifically establishing
price at 30% unless something has changed in the interim.
RESPONSE: While the Board did suggest 30 to 35%, there was also discussion regarding seeking
consultant and committee engagement. The RFP reflects the consensus that was arrived at.
4. Hours of Service
-Page 13: Hours of residential service are stated at 6am-8pm Monday-Friday
-Page 38 & Page 40: Residential hours of service at 7am-8pm, with only Sunday being excluded.
What are the correct available days of service and allowable hours of service for residential
collection?
RESPONSE: Hours of operation are to be the following:
6:00a.m. to 8:00p.m. Monday through Friday for residential customers
6:00a.m. to 8:00p.m. Monday through Saturday for commercial customers
5. Additional Fees
-Page 14 & Page 33: Collector can propose additional fees for additional carts requested by
residents. No mention is made as to how the resident is billed the fee for additional carts. Would
residents be billed by assessments on a trailing basis, or would the collector have to bill and collect
fees for additional residential carts?
RESPONSE: The Collector would be responsible for billing.
6. Customer Service
-Page 40-41 : Collector's operations center (office) shall be located in Brevard County. Collector
shall operate a staffed local toll-free complaint center.
Please clarify whether "local " is applicable to the toll-free nature of the call (via a local or 800 toll
free number for customers to use) or if "local" is applicable to the complaint/customer service
center's physical location.
RESPONSE: Local refers to a local telephone number
7. Annual CPI Adjustment
-Page 16 & 43: CPI calculation will be based on April-over-April CPI change and the collector will
submit a request by May 15 (page 43).
CPI data is not typically published until midway through the month following, so April data is not
generally available until on or after May 15. The current procedure is to use April-April data and
submit by June 1 and even that timeframe is short. Will the County entertain keeping May 15, but
use March-March data, or make delivery of the CPI notice by the collector due on June 15 as
possible options?
RESPONSE: Please change to April to March (twelve month period) and the collector will submit a
request by May 15.
8. Currently the County Solid Waste facilities are open until 5:30p.m. generally and 4:30p.m. on
Tuesdays. If the start of residential collection is delayed until 7:00a.m., will County facilities remain
open later?
RESPONSE: There are currently no plans to change the operating hours of our facilities.
The proposal due date and time remains August 14, 2012 at 2:00 p.m. Proposals received after
this time will not be accepted.
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All other terms and conditions remain unchanged.
Sincerely,
(
L ~ ~ e ~ g ~ : ~ p P B
Purchasing Manager
Cc: proposal file
END OF ADDENDUM NO.1
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Telephone (321) 617-7390 CENTRAL SERVICES GROUP
PURCHASING SERVICES Fax (321) 617-7391
Brevard County Government Center Fax (321) 637-5302
2725 Judge Fran Jamieson Way,
Bldg. C, Suite C-303
Viera, FL 32940
Solid Waste and Recycle Collection Services
P-4-12-23
August 8, 2012
Addendum 2
TO ALL PROSPECTIVE PROPOSERS
This is an Addendum to and shall be considered as part of the original Proposal package for the above
mentioned RFP. Please acknowledge receipt of Addendum 2 in space provided on Price Sheet.
Proposers are requested to acknowledge receipt of this Addendum with their Proposal.
PROPOSAL DUE DATE AND TIME CHANGE:
The proposal due date and time is changed to September 13, 2012 at 2:00 p.m.
A third addendum will be issued at a later date and time with responses to questions received to date.
All other terms and conditions remain unchanged .
Sincerely,

Leslie Rothering, CPPO, CPPS
Purchasing Manager
Cc: proposal fil e
END OF ADDENDUM NO.2
CENTRAL SERVICES GROUP Telephone (321) 617-7390
PURCHASING SERVICES Fax (321) 617-7391
Brevard County Government Center Fax (321) 637-5302
2725 Judge Fran Jamieson Way,
Bldg. C, Suite C-303
Viera, FL 32940
Solid Waste and Recycle Collection Services
P-4-12-23
August 14, 2012
Addendum 3
TO ALL PROSPECTIVE PROPOSERS
This is an Addendum to and shall be considered as part of the original Proposal package for the above
mentioned RFP. Please acknowledge receipt of Addendum 3 in space provided on Price Sheet.
Proposers are requested to acknowledge receipt of this Addendum with their Proposal.
RESPONSES TO QUESTIONS FROM PRE-PROPOSAL MEETING:
1. Please clarify revenue for recyclables. Page 6 of the Price Form requests pricing for recycling
revenue based on a market index, page 34 (#7) states that the COUNTY retains ownership of
recyclables and the right to competitively select buyer for recyclables, and page 43 (#14) states the
COLLECTOR shall pay 50% of gross sales revenues for recyclables.
RESPONSE: Page 6 of the Price Form reflects the recycling revenue formula the County intends to
use in the new contract. Because the revenue formula that will be used is based on an independent
market index, the County no longer deems it necessary to retain ownership of recyclables after
collection. In the new contract, ownership of recyclables will transfer to the COLLECTOR upon
collection. In addition, the revenue sharing language on page 43 will be replaced. Provided below is
an explanation of the recycling revenue formula that will be incorporated into the new contract.
COLLECTOR shall pay the COUNTY monthly for each ton of residential recyclable materials
collected by the COLLECTOR, as determined by the inbound weight tickets at the COLLECTOR'S
selected facility, whether a materials recovery facility (MRF) or a facility for transloading/transferring
recyclables. The payment per ton shall be calculated as follows:
Each month, the COLLECTOR shall calculate the Average Market Value (AMV) of the COUNTY'S
residential recyclable materials, defined as the sum of the Southeast USA regional average
commodity prices (U.S. Dollars per Ton) first posted in the month for which payment is being made
in SecondaryMaterialsPricing.com and SecondaryFiberPricing.com multiplied by the composition
percentages of the COUNTY'S residential recyclable materials, as defined in the table below, which
calculates the AMV for April 2012.
Corrugated
Cardboard
PS 11 Corrugated
Containers
147.5 $147.50 10.9% $16 .08
Mixed paper PS 1 Soft Mixed Paper 97.5 $97 .50 19.3% $18.82
Aluminum
cans
Cents/lb., sorted, baled
and delivered
79 $1,580.00 2.0% $31 .60
Steel cans
$/ton, sorted, baled and
delivered
125 $125.00 2.6% $3.25
PET
Cents/lb., baled and
30 $600.00 4.2% $25.20
up
Natural HOPE
Cents/lb., baled and
nir.kerl up
39 $780.00 1.9% $14.82
Colored HOPE
Cents/lb., baled and
nir.kp.rl up
33 $660.00 2.2% $14.52
Plastics #3
#7**
#1-7, Cents/lb., baled and
picked up, adjusted**
4.725 $94.50 0.7% $0.66
Mixed cullet 3 Mix, $/ton delivered 0 $0.00 24.7% $0.00
Contamination N/A 0 - 4.8%
100.0%
~
. . . .
* Market indexes to be used are SecondaryFlberPncmg.com and SecondaryMaterialsPnclng.com .
Prices to be used are the first published Regional Average prices for the Southeast USA in the month
for which payment is being made. For the purposes of this example, the first published prices in April
2012 are utilized. The index descriptions are solely for the purpose of identifying which material index is
being used to calculate the AMV and is in no way intended to reflect how the COLLECTOR packages,
transports or markets the material.
** The index used for plastics #3-#7 is 45% of index for Plastics Comingled 1-7. This is based on
comparative information provided by staff at Secondary Materials Pricing.
If at any time during the term of this contract SecondaryMaterialsPricing.com or
SecondaryFiberPricing.com no longer post or otherwise provide the applicable market indices, then
the parties shall mutually select an appropriate replacement source for the required information
form among the sources recycling industry professionals utilize to obtain reliable recovered material
pricing information.
Fifty dollars ($50.00) shall be deducted from the AMV, and COLLECTOR shall pay the COUNTY a
percentage, which is to be proposed by Proposer on page 6 of the Price Form, of the remaining
amount for each ton of in-bound residential recyclable materials delivered to the COLLECTOR'S
facility during that month. The fifty dollar ($50.00) deduction from the AMV shall remain fixed for the
full term of the contract. At no time shall the COUNTY make payment to the COLLECTOR for
processing residential recyclable materials, even if the AMV falls below $50.00.
Page 6 of the Price Form provides and example calculation of the revenue sharing formula using
the April 2012 AMV and an assumed revenue share percentage of 75% for the purposes of the
example. Proposers are to insert on the Price Form what percentage of the AMV less the
COLLECTOR'S Fee of $50 it will share with the County, which mayor may not be 75%.
2. How many clam trucks are used to service the contracts?
RESPONSE: To the best of our know/edge there are nine (9) clam trucks that service the contract.
There are four (4) in the North Service Area and five (5) in the South Service Area.
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3. What is the billable amount at the gate?
RESPONSE: The following payments were made by Service Area:
South-Residential $ 16,931
South-Commercial $132,153
North-Residential $ 2,685
$359,287
4. Will the pilot program of carts in the barrier island continue?
RESPONSE: Yes, there are about 1,000 homes serviced by the program.
5. How will points for Cost be assigned?
RESPONSE: Cost is considered to be an objective criteria. The lowest priced proposal shall
receive the maximum weighted score for the price criteria. The other proposals should receive a
percentage of the weighted score based on the percentage differential between the lowest proposal
and the other proposals. All weighted scores are then multiplied by the maximum score available
(i.e. 5%) to determine the total percentage awarded. An example is as follows:
VENDOR PRICE %AWARDED x WEIGHT = WEIGHTED SCORE
A $20,000 (100%) x 50% = 50%
8 $25,000 (80%)* x 50% = 40%
C $28,000 (71%)** x 50% = 36%
*Vendor 8 's percentage is $20,0001$25,000 =80%
**Vendor C's percentage is $20,0001$28,000 = 71%
WRITTEN QUESTIONS RECEIVED:
1. Page 30 - Definition of Recyclable Material - this definition is far broader than the list on Exhibit C.
Can the County clarify the definition to match limit it to the items listed on Exhibit C, subject to
adding additional items by mutual agreement of the parties, to avoid confusion?
RESPONSE: Page 30 is a part of the draft agreement and should not be used to determine the
response to this RFP. In instances where there are conflicts between the draft contract agreement
and the RFP, please use the RFP for purposes of the response to the same.
2. Page 30 and 34 state "All buyers and contract must be approved by the County. County may select
the buyers and require the materials to be sold to such buyer." This implies that while the County
owns the materials, the Collector must handle all contractual arrangements for the sales of such
materials, subject to the full approval of the County. This looks like legacy language and could be a
credit risk and price risk, and its applicability is voided by the County's desire to have its rebate
calculated based upon market index values rather than actual sales. Since the RFP's Brevard
Pricing sheet stipulates revenue share payments to the County are based on indexed pricing and
are the contractor's responsibility, can this provision be struck or changed to show the Contractor is
the owner of the material once picked up and the payment is a separate transaction?
RESPONSE: Please see response to pre-proposal meeting Question 1.
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3. Page 34 - Please clarify the provISion that requires the contractor provides "open market"
commercial recycling and consider stipulating that the contractor owns the recyclables collected
from commercial sources and these are not program tons for the purposes of the Brevard Pricing
Sheet Revenue Share to the County.
RESPONSE: Page 34 is a part of the draft agreement and should not be used to determine the
response to the RFP. In instances where there are conflicts between the draft contract and the
RFP, please use the RFP for purposes of the response to the same. Commercial recycling is an
open market and as such the revenues derived form this activity are not part of any revenue sharing
calculation of this RFP.
4. Page 43 #14. State that the COLLECTOR shall pay fifty percent (50%) of the gross sales revenues
for recyclable materials. Please clarify that this is outdated language and the Excel "Brevard Pricing
Sheet for Brevard Proposal" is the operative method of material rebate to the County.
RESPONSE: Please see response to Pre-proposal Meeting Question #1.
5. There is no provision for fixing the composition of the material for subject revenue share payment.
Please consider adding language for an initial material composition audit process on the material
prior to contract start, with future composition studies available at either party's request, no less
frequent than annually, for the purposes of utilizing the percentages on the Brevard Pricing Sheets
for inbound materials.
RESPONSE: The COLLECTOR or the COUNTY may conduct, at its own expense and no more
frequently than once per year, an audit of the composition of residential recyclable materials
collected by the COLLECTOR (i.e., in-bound at the COLLECTOR'S facility.) If the COLLECTOR
pays for the audit, the audit methodology and entity conducting the audit are subject to the
COUNTY'S approval. The COUNTY reserves the right to have a representative onsite throughout
the recycling composition audit. The COUNTY reserves the right to adjust the percentage
breakdown for residential recyclable materials utilized to calculate the AMV based on the results. of
such audit, or if the percentage composition of these materials changes substantially as a result of
changes in the COUNTY recycling program. Any adjustments to the composition percentages that
are approved by the COUNTY shall become effective the following month and shall remain effective
for the remainder of the term of the agreement, including any extensions, or until revised by a
subsequent composition audit.
6. Please clarify how the County will assess proposals for a recyclable material revenue share. It
would be preferable if the County would state a presumed number of tons that the revenue share
will be applied to, so proposer assumptions are consistent.
RESPONSE: A revised Price Form is being provided that includes the estimated tons of
recyclables collected annually. This tonnage is for the purpose of providing pricing for this RFP and
in no way guarantees the quantity of residential recyclables to be collected and processed by the
selected Proposer.
7. Please clarify that the County's preference is to own the 64 gallon residential collection carts. At
which point in the contract would the ownership transfer to the County (e.g., at initial delivery, or at
the end of the contract term)? If at delivery, are there any remedies to the Collector in the event of
early termination by the County that can be built into the agreement?
RESPONSE: One of the options in this RFP is for the County to own the 64 gallon carts.
Ownership would transfer at the end of the contract.
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8. Page 6 - #42: County can cancel for convenience on 30 days' notice. Elsewhere in the RFP and
draft contract there are specific terms (7 years with a 3 year option) and specific causes for
cancellation. Please clarify the applicability of the cancellation for convenience on 30 days' notice.
RESPONSE: Please disregard this item which is superseded by the RFP.
9. Page 38 (first paragraph) states that yard waste preparation specifications at 4', 50 pounds and 12"
in diameter. Page 40 (Sect. 6, para 1) states that 'all other solid waste' will be prepared to a 24"
diameter. Please clarify this provision does not include yard waste.
RESPONSE: Chapter 94, Section 94-49(c), Brevard County Code Ordinances, states "All yard
trash not capable of being placed in a receptacle shall be neatly placed at the collection point and
shall be cut in lengths not to exceed four feet in length and 24 inches in diameter and 50 pounds in
weight. Yard trash not meeting the size and weight limits shall be considered as bulky solid waste.
For removal of such waste, the customer shall notify the collector that they desire a pick up and the
collector shall schedule a special collection. " The draft content will be update at time of signature to
reflect this.
1O. If base bid is selected, the residents already have 14 gallon recycle bins. Who will provide new or
replacement bins? If the hauler is responsible for replacement, will the bins be owned by the
hauler?
RESPONSE: The contractor is expected to provide new or replacement bins for residents not
having or needing additional bins. These bins will become the property of the County at delivery.
11. Is there any chance of an extension for this RFP? It only gives bidders less then two weeks after
the Mandatory pre bid.
RESPONSE: See Addendum 2 to the RFP which extended the due date to September 13, 2012.
12. Does the CRV Collection rate include yard waste services?
RESPONSE: Yes.
13. What is condominium Recreational Vehicle (no definition noted)? Are they mobile homes or
manufactured homes?
RESPONSE: CRV's are basically mobile homes that are attached temporarily to a fixed structure.
14. Will the county provide us with estimated tonnages for MSW, recycling and yard waste for each
service area?
RESPONSE: Please see attached file named: Tonnage Breakdown for Collection RFP.
Please note that these tonnages include the entire County, including municipalities. Recycling
tonnages are for the unincorporated area only.
15. If the automated option is selected and containers are provided by the hauler; does the hauler own
the carts or do they revert to the County?
RESPONSE: Please check the RFP, there is one option for the cart being owned by the contractor
and another option for the carts being owned by the County.
16. Who bills the residents if they request a second container?
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RESPONSE: Please see Addendum 1 question 5.
17. Can the 20 roadside receptacles be replaced with 96 gallon carts if automation is selected?
RESPONSE: Yes.
18. Will the county consider limited yard waste to 6 cubic yard per pick up?
RESPONSE: No.
19. Please clarify Construction and demolition services. On page 11 of the RFP it states that C&D will
not be part of the contract, yet in the draft agreement on page 32 it give the contractor exclusive
rights to construction and demolition services.
RESPONSE: C&D is not part of the contract
20. Will the county provide a current copy of the routes (# of routes per day, location, productivity, etc.)?
RESPONSE: The County does not have this information.
21. Will the county reconsider the 11 .55% cap on the CPI for the seven year term to 18-20% or
completely eliminating? If not, would the County consider an alternate method and limit annual CPI
rates to 75% on the annual change?
RESPONSE: No. The County will not consider any CPI that does not have a cap. This would make
it impossible to determine a rate for the seven year life of the contract and increase the cost for the
County and its citizens.
22. If residential services are provided Monday through Friday, can the office hour be changed to
Monday thru Friday from 8:00-5:00pm (in line with residential service)? Alternately, would the
County consider limiting Saturday to 8-12pm in line with likely operational times? We will also
provide an emergency number to call after hours.
RESPONSE: The office hours can be changed. Please take note that we want the best service for
our residents and the hours of operation for the telephone services would remain 6:00 a.m. to 8:00
p.m., Monday through Saturday.
23. Page 43 section 11 . We do not consider roll off services or compactor services a special service. In
the agreement it gives the current hauler the exclusive right to retain those services. We believe it
was the intent of the county to allow the compactor leases as open market, but not the services that
any hauler should be able to perform as normal, regular service. It should be the awarded to the
winning contractor that should have the responsibility to haul those roll-offs and compactors.
RESPONSE: Page 43 is a part of the draft agreement and should not be used to determine the
response to the RFP. In instances where there are conflicts between the draft contract and the
RFP, please use the RFP for purposes of the response to the same. Roll-offs are used for non
MSW and thereby, are not part of the contract.
24. If the county selects to purchase the carts who will be responsible to assemble them and deliver
them to the residents?
RESPONSE: The contractor would be responsible for this service.
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25. Would the County consider 95 gallon cart as the default in the RFP?
RESPONSE: No
26. Please clarify the intent as it pertains to single stream recycling. On page 34 the section 7, the
county has the option of electing competitively select buyers for the recyclable materials. Is it the
intent for the county to build a facility or designate a recycling facility? This is important as it
pertains to truck times to certain facilities.
RESPONSE: Please see response to Pre-Proposal Meeting Question #1.
27. Can the Proposer offer to provide a transfer station for transloading all single stream material to
approved MRFs in the state?
RESPONSE: The selected Proposer may transload recyclables to a state-approved/permitted MRF
of its choice. All costs of accepting, transferring, processing, and marketing recyclables shall be the
COLLECTOR's responsibility.
28. On page 43 it states that the collector shall pay 50% of gross revenues for recyclable materials, yet
on page 6 of 6 in the pricing spreadsheet the share is 75%. Which should we use?
RESPONSE: Please see response to Pre-Proposal Meeting Question #1.
29. Page 4, General Conditions, Section 18: Is the referenced training applicable to the services
provided? If so, please elaborate on the County's expectations.
RESPONSE: This section is not applicable to this RFP.
30. Page 6, General Conditions, Section 40: If the County "increases" any portion of the agreement, will
the total fees be increased if applicable?
RESPONSE: This section is not applicable to this RFP.
31. Page 17; Tab 3; Last Bullet : Can you please clarify that this information request is for
municipal/governmental contracts and not all service contracts?
RESPONSE: Please provide the information for municipal/governmental contracts.
32. Page 32, Solid Waste Collection Agreement. Section 2(2): Please clarify that the intent of the last
part (beginning "unless notification is given .. "). Does this mean that County can provide notice
revoking the renewal option which requires mutual agreement?
RESPONSE: The County can provide notice that it does not wish to invoke the renewal option. It
does not revoke something that it did not invoke.
33. Page 44, Solid Waste Collection Agreement, Section 9: Can you please clarify the definition of the
effective date? Under Section 2(2) it references 10/1/13 and under Section 10(1) it references the
date on which the last party executes the agreement.
RESPONSE: Page 44 is a part of the draft agreement and should not be used to determine the
response to the RFP. In instances where there are conflicts between the draft contract and the
RFP, please use the RFP for purposes of the response to the same.
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34. Page 46, Solid Waste Collection Agreement, Section 11: Can these liquidated damages only be
charged for any month for which the legitimate complaints reach 20 or more as referenced in
Section 5?
RESPONSE: Yes.
35. Are the General Conditions and Scope of Services and Specifications incorporated into the
agreement? If so, if there are conflicts, how are those resolved?
RESPONSE: No.
36. Will the County permit proposer to terminate the agreement following written notice thereof and a
reasonable/designated period of time opportunity to cure?
RESPONSE: In that aspect it is the intention of the County to use similar language as the draft
contract.
37. Can the County provided establish recycling participation rates in each or both areas?
RESPONSE: 35%. Information is not available by Service Area.
38. The price forms request pricing for compaction rental equipment on a monthly basis. This type of
equipment is typically specialized and/or customized and can become quite expensive. Will the
County allow the haulers to negotiate this rate?
RESPONSE: The pricing for compaction equipment is meant to be an upper limit. If the contractor
so desires, they can negotiate a lower rate with the clients.
39. Will the County provide maps and/or schedules of existing service for each area?
RESPONSE: The County does not have this information
40. Section 94-92 of the County Code of Ordinances places requirements on the need to have a
collection agreement prior to collecting solid waste, excluding C&D or landclearing debris. Does the
County currently have processes and practices in place to enforce this section of the code? Will the
processes and practices be any different than current for the period of time covered by the
proposed contract?
RESPONSE: The current process starts with a complaint made to Code Enforcement. They are
in charge of enforcement. The practice will continue.
41 . Section 94-49 of the County Code of Ordinances (paragraphs a, b, c) outlines the resident
requirements for preparation of yard waste; paragraph (d) excludes vacant lots from collection
service; paragraph (e) states that contractors engaged in the landscaping or tree cutting business
shall be responsible for collection and disposal of the yard trash generated from their operations;
and, paragraph (f) states that persons engaged in clearing property shall be responsible for the
collection and disposal of the landclearing debris. Does the County currently have processes and
practices in place to enforce this section of the code? Will the processes and practices be any
different than current for the period of time covered by the proposed contract?
RESPONSE: The current process starts with a complaint made to Code Enforcement. They are in
charge of enforcement. The practice will continue.
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42. Is there a minimum level of service requirement for active commercial properties in the County
(example: 1 x weekly service)?
RESPONSE: No.
Note: There are still some outstanding questions which will be answered in addendum 4 at a
later date and time.
ATTACHMENT:
A Revised Price Form is attached. Please replace the original Price Form with this revision.
Tonnages for the period of 7/1/2011 through 6/30/2012 are attached
The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals received
after this time will not be accepted.
All other terms and conditions remain unchanged.
Sincerely,

Leslie Rothering, CPPO, CPPS
Purchasing Manager
Cc: proposal file
END OF ADDENDUM NO.3
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CENTRAL SERVICES GROUP Telephone (321) 617-7390
PURCHASING SERVICES Fax (321) 6177391
Brevard County Government Center Fax (321) 637 5302
2725 Judge Fran Jamieson Way,
Bldg. C, Suite C303
Viera, FL 32940
Solid Waste and Recycle Collection Services
P-4-12-23
August 23, 2012
Addendum 4
TO ALL PROSPECTIVE PROPOSERS
This is an Addendum to and shall be considered as part of the original Proposal package for the above
mentioned RFP. Please acknowledge receipt of Addendum 4 in space provided on Price Sheet.
Proposers are requested to acknowledge receipt of this Addendum with their Proposal.
RESPONSES TO QUESTIONS:
1. In numerous different sections, it provides that the Board's decision is final and binding. Is it the
County's intent with these provisions to eliminate the proposer's legal remedies to seek redress in
litigation? The relevant references are Page 7, General Conditions, Section 46 ("to prevent ...
litigation" ... "shall be final, conclusive and binding"), Page 38, Solid Waste Collection Agreement,
Section 4(15)(B)(3) ("the decision of the Board shall be final"), Page 44, Solid Waste Collection
Agreement, Section 10(2) ("to prevent ... litigation" ... "shall be final and binding") and Page 49,
Solid Waste Collection Agreement, Section 15 ("to prevent ... litigation" .. . "shall be final, conclusive
and binding"). The issue is that the language either provides that the County or the Board decides
certain contract clarifications, disputes and/or proper performance with such decision being final
and binding . Usually, when two parties to a contract disagree on the application of contract terms,
the parties can agree to mediate, arbitrate or litigate the disagreement. In this situation, the question
is whether the Contractor has the right to challenge the "final and binding" decision in a legal
proceeding. While an unlikely event, it is important to understand what your rights are under the
contract on this issue .
RESPONSE: The intent is that the Board of County Commissioners decision in these instances
shall be final. This language will not change.
2. Page 5, General Conditions, Section 25: please clarify that a County employee owning stock in a
publicly-traded parent entity of the proposer does not trigger this provision.
RESPONSE: It does not appear that this section is triggered by a county employee owning stock in
a publicly-traded parent entity of the proposer. There may however be a prohibited conflict of
interest if any of the Brevard County Commissioners, procurement personnel, or voting selection
committee members own stock in a publicly-traded parent company.
3. Section 94-92 of the County Code of Ordinances places requirements on the need to have a
collection agreement prior to collecting solid waste, excluding C&D or landclearing debris. Does the
County currently have processes and practices in place to enforce this section of the code? Will the
processes and practices be any different than current for the period of time covered by the
proposed contract?
RESPONSE: The current process starts with a complaint made to Code Enforcement. They are in
charge of enforcement. The practice will continue.
4. Section 94-49 of the County Code of Ordinances (paragraphs a, b, c) outlines the resident
requirements for preparation of yard waste; paragraph (d) excludes vacant lots from collection
service; paragraph (e) states that contractors engaged in the landscaping or tree cutting business
shall be responsible for collection and disposal of the yard trash generated from their operations;
and, paragraph (f) states that persons engaged in clearing property shall be responsible for the
collection and disposal of the land clearing debris. Does the County currently have processes and
practices in place to enforce this section of the code? Will the processes and practices be any
different than current for the period of time covered by the proposed contract?
RESPONSE: The current process starts with a complaint made to Code Enforcement. They are in
charge of enforcement. The practice will continue.
5. Is there a minimum level of service requirement for active commercial properties in the County
(example: 1 x weekly service)?
RESPONSE: No.
6. What will happen if Merritt Island is incorporated during the term of this contract?
RESPONSE: If Merritt Island incorporates the County intends to permit the new municipality to
take the lead in the services currently under the County. That could include waste collection. The
draft agreement generally addresses the reality that land gets annexed into municipalities. Section
(1)(G), the definition of the collection area/service anticipates this change. Brevard County could,
and likely would continue to service Merritt Island under this agreement if Merritt Island requests us
to.
DEADLINE FOR QUESTION SUSMITT AL:
The deadline for submittal of questions is August 30, 2012 at 5:00 p.m. Questions received after this
date and time shall not be considered.
The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals received after
this time will not be accepted.
All other terms and conditions remain unchanged.
Sincerely,
~ ! u i?o I ~ f ! f 1 ~
Leslie Rothering, CPPO, CPPS
Purchasing Manager
Cc: proposal file
END OF ADDENDUM NO.4
2
CENTRAL SERVICES GROUP Telephone (321) 617-7390
PURCHASING SERVICES Fax (321) 617-7391
Brevard County Government Center Fax (321) 637-5302
2725 Judge Fran Jamieson Way,
Bldg. C, Suite C-303
Viera, FL 32940
Solid Waste and Recycle Collection Services
P-4-12-23
August 31,2012
Addendum 5
TO ALL PROSPECTIVE PROPOSERS
This is an Addendum to and shall be considered as part of the original Proposal package for the above
mentioned RFP. Please acknowledge receipt of Addendum 5 in space provided on Price Sheet.
Proposers are requested to acknowledge receipt of this Addendum with their Proposal.
RESPONSES TO QUESTIONS:
1. Does the contractor have to replace all residential carts and recycle bins at the beginning of the
contract or will the contractor replace them on an as needed basis?
RESPONSE: In the option of carts, the answer is yes. Under the status quo option, the current
recycling bins are the property of Brevard County and would have to be given to the homeowners
as determined in the contract.
2. Do we need to submit 2 separate bid packages for both service areas? Or can we include both
price forms in the tab 5 section?
RESPONSE: No, the Price Sheet takes into consideration the different service areas.
3. Does the county bill the residents which include multi-family and the contractor bills both
commercial and industrial businesses?
RESPONSE: Yes, the County bills all the residents, (SFR, Multi-Family, Apts., etc.) for collection on
the tax bill, the contractor bills all commercial businesses.
4. Do we include disposal rates for residential and multi-family solid waste, yard waste and recycle?
Or is the disposal a pass through?
RESPONSE: The disposal rates for residential solid waste, yard waste and recycling are included
in the disposal assessment and thereby are not charged at the gate.
5. Do we include disposal rates for commercial and industrial solid waste, yard waste and recycle?
RESPONSE: No, the disposal charges for solid waste and yard waste are charged through the
assessment. The recycling charges for commercial are not included in the assessment.
6. Is the Port, Patrick Air Force and Kennedy Space Center part of the RFP? If so are they exempt
from disposal?
RESPONSE: These areas are not part of the RFP. The port does pay through the disposal
assessment.
7. Is there a franchise? Admin Fee? If so is it a flat rate or percentage and does it apply to both
residents and businesses?
RESPONSE: There are no franchise or administrative fees.
8. The total combined number of residents ... is that all year round?
RESPONSE: If you are asking about the total number of residential billing units, then yes.
9. How many seasonal residents are there?
RESPONSE: In FY 2011 there were 158 vacancy adjustments approved. A 50% discount is
allowed for vacancy adjustments.
10. The industrial compactors - how many are self contained and how many are break away?
RESPONSE: That information is not available.
11 . Are all compactors provided by the contractor or do some businesses own their own? If so, can we
have a list?
RESPONSE: We are aware that some businesses own their own; however we do not have a list of
those.
12. The frontload containers 2 - 8 yards, are there any with wheels and lock bars? If so, can we have a
list?
RESPONSE: That information is not available.
13. Addendum 3 Revised Price Form, Page 1, line Item 13 & 22, Page 3, 4, & 5 line item 5 and page 6
line item 6, would it be possible to expand the height? I am not getting a clear view.
RESPONSE: See attached Revised Price Form which has height expanded.
14. For proposers with multiple divisions/operating units, can this be disclosed for only the
division/operating unit that will manage the services to the County if it is the successful bidder?
RESPONSE: The purpose of this section is to gauge the qualifications and experience of the firms
submitting proposals. For this purpose Firm would be the legal entity that would sign the contract.
If your division/operating unit is a legal entity that would be signing the contract then the answer is
yes, if not then no.
15. Reference Proposal Format, Tab 3, bullet 4 - Can the five year period be reduced to two years?
RESPONSE: No
16. Reference Proposal Format, Tab 3, bullet 4 - Can the $10,000 be increased to $25,000?
RESPONSE: No
17. If a proposer is responsive to all bid options outlined by the County, could the proposal also offer,
for information-only purposes (not for score), a service addition or alternative service proposal?
RESPONSE: You may only submit one proposal response. Proposers may provide information on
enhancements to the scope of services outlined in the RFP under Tab 4: Project Approach. Such
enhancements will be considered during evaluation as part of the Project Approach criteria.
18. Is the County's definition of "automated" limited to the presence of a cart, or does "automated"
intend to specify the equipment utilized to collect the cart? Please clarify the meaning (page 13,
Residential Service Options, multiple references) of "automated curbside solid waste collection" and
"automated single-stream recycling collection" . The definition of automated from a proposer
perspective can likely vary, as some may view a purpose-built vehicle to collect carts (an
"automated side load" or ASL, for example) as the meaning, while others may interpret the use of
hydraulic cart tippers on a traditional rear loader as "automated", or simply view the presence of a
cart as "automated", regardless of the equipment used in collection.
2
RESPONSE: Automated means the carts as well as the equipment needed to service the carts at
the curbside. Just carts without the appropriate equipment does not make a service automated.
19. On page 1 of the Revised Price List the base bid was pricing for the North and separate pricing for
the South. How is the pricing being considered for award? One contractor for both areas? One
contractor for each area? Are both of these considerations being evaluated?
RESPONSE: Please refer to the pricing sheets in which a price for the north, a price for the south,
and a combined price is requested. The three options mentioned are being considered.
ATTACHMENT:
Revised Price Form with height expanded per Questions #13.
Please Note* The deadline for question submittal has expired.
The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals received after
this time will not be accepted.
All other terms and conditions remain unchanged.
Sincerely,
t:fMLu !pmni1r
Leslie Rothering, CPPO, CPPB
Purchasing Manager
Cc: proposal file
END OF ADDENDUM NO.5
3
CENTRAL SERVICES GROUP Telephone (321) 617-7390
PURCHASING SERVICES Fax (321) 617-7391
Brevard County Government Center Fax (321) 637-5302
2725 Judge Fran Jamieson Way,
Bldg. C, Suite C-303
Viera, FL 32940
Solid Waste and Recycle Collection Services
P41223
September 6, 2012
Addendum 6
TO ALL PROSPECTIVE PROPOSERS
This is an Addendum to and shall be considered as part of the original Proposal package for the above
mentioned RFP. Please acknowledge receipt of Addendum 6 in space provided on Price Sheet.
Proposers are requested to acknowledge receipt of this Addendum with their Proposal.
CLARIFICATION:
Additional clarification to Question 18 on Addendum 5 - Automated services are those that include a
cart as well as the appropriate equipment to collect the carts without the employees having to leave the
vehicles. Brevard County does not have a preference between semi-automated and automated
services.
ATTACHMENT:
Revised Price Form is attached which allows viewing of full page.
The proposal due date and time remains September 13, 2012 at 2:00 p.m. Proposals received after
this time will not be accepted.
All other terms and conditions remain unchanged.
Sincerely,
~ ~
Steve Stultz
Central Services Director
Cc: proposal file
END OF ADDENDUM NO.6
SUBMI T PROPOSALS TO:
PURCHASI NG SERVI CES
2725 J UDGE FRAN J AMI ESON WAY,
BLDG. C, 3
rd
FLOOR, SUI TE C-303
VI ERA, FL. 32940

PROPOSAL I NVI TATI ON
Proposal Acknowledgment

PURCHASI NG AGENT: PHONE (321) 617-7390
J onathan McLester, CPPO, CPPB
AN EQUAL OPPORTUNI TY EMPLOYER,
FLORI DA TAX EXEMPT #85-8012621749C-1
FEDERAL TAX EXEMPT #59-6000523
PROPOSAL SPECS. MAY BE PI CKED UP AT:
Purchasing Services, 2725 J udge Fran J amieson Way, Bldg. C, Suite 303, Viera, FL. 32940
MAI LI NG DATE:
J uly 12, 2012
PROPOSAL TI TLE:
Solid Waste and Recycle Collection
Services
PROPOSAL
NUMBER
P-4-12-23
PROPOSAL DUE DATE & TI ME:
August 14, 2012 at 2:00 p.m.
PRE PROPOSAL DATE, TI ME AND LOCATI ON: Mandatory Non-Mandatory
A mandatory pre-proposal meeting will be held on August 2, 2012 at 9:00 a.m. at 2725 J udge
Fran J amieson Way, Bldg. C, 2
nd
Floor, Space Coast Room, Viera, FL.
PROPOSALS RECEI VED AFTER
ABOVE
DATE AND TI ME
WI LL NOT BE ACCEPTED
PROPOSER NAME/ADDRESS



TELEPHONE NUMBER/TOLL FREE NUMBER:
____________________________________________________
VENDOR MUST COMPLETE THI S AREA AND RETURN
FORM. NOTARI ZED. FORM I S REQUI RED.
If returning as a no state reason:

FEDERAL EMPLOYER IDENTIFICATION NUMBER OR S.S
NUMBER___________________________________________
I certify that this Proposal is made without prior understanding, agreement, or
connections with any corporation, firmor person submitting a Proposal for the same
materials, supplies or equipment, and is in all respects fair and without collusion or
fraud. I agree to all conditions of this Proposal and certify that I amauthorized to sign
this Proposal for the Proposer. In submitting a Proposal to the County of Brevard the
Proposer offers and agrees that if the Proposal is accepted, the Proposer will convey,
sell, assign or transfer to the County of Brevard all rights, title, and interest in and to all
causes of action it may now or hereafter acquire under the Anti-trust laws of the United
States and the State of Florida for price fixing relating to the particular commodities or
services purchased or acquired by the County of Brevard. At the Countys discretion,
such assignment shall be made and become effective at the time the County tenders
final payment to the Proposer.
X
AUTHORIZED SIGNATURE (MANUAL)
______________________________________________________
TYPED NAME
_____________________________________________________
TITLE DATE

THI S FORM MUST BE NOTARI ZED BELOW
Sworn to and subscribed to me this ____ day of ____________, 20__.
Personally known:
Or produced identification: Type of ID:_________________________
_________________________________________ _______________________
Notary Signature State

My commission expires :_____________________
(AFFIX SEAL or STAMP)

BOND DATA
VENDOR MUST PROVI DE: AMOUNT:
Yes No PROPOSAL BOND ________________
Yes No PERFORMANCE AND PAYMENT BOND $1,000,000_______
Yes No LABOR, MATERIAL, PERFORMANCE BOND ________________
In cases where the amount of a surety bond exceeds $500,000, the surety company must have an A. M. Bests rating as specified in this
document and depending on the amount of the bond, shall have a minimum A. M. Bests financial size category ranking as follows:
BOND AMOUNT UP TO FI NANCI AL CLASS BOND AMOUNT UP TO FI NANCI AL CLASS
$ 1,000,000 V $ 25,000,000 I X
$ 2,500,000 VI $ 50,000,000 X
$ 5,000,000 VI I $ 75,000,000 XI
$ 10,000,000 VI I I $ 100,000,000 XI I
Bonds must be issued by Bonding Company who complies with the requirements of Florida Statutes Section 287.0935
THE COUNTY OF BREVARD RESERVES THE RI GHT TO REJ ECT ANY OR ALL PROPOSALS, TO WAI VE
I NFORMALI TI ES, AND TO ACCEPT ALL OR ANY PART OF ANY PROPOSAL AS MAY BE DEEMED TO BE I N THE BEST
I NTEREST OF THE COUNTY UNLESS OTHERWI SE NOTED, PAYMENT OF GOODS OR SERVI CES PROVI DED AS A
RESULT OF THI S SOLI CI TATI ON WI LL BE MADE PER FLORI DA STATUTE. ALL FI RST TI ME VENDORS MUST
SUBMI T A W-9 FORM.
Request for Proposals
SOLI D WASTE & RECYCLE COLLECTI ON SERVI CES
RFP P-4-12-23

2

TABLE OF CONTENTS

General Conditions ........................................................................................................................................ 3
Proposal Schedule .......................................................................................................................................... 10
I ntroduction and Submittal I nformation ..................................................................................................... 11
Scope of Services and Specifications ............................................................................................................. 13
Proposal Format ............................................................................................................................................. 16
Price Sheet ...................................................................................................................................................... 19
Evaluation and Selection Process .................................................................................................................. 25
I ndemnification and I nsurance Requirements ............................................................................................ 27


Attachments: Exhibit A Draft Agreement 28
Exhibit B Description of Service Areas and Map 55
Exhibit C - Minimum Acceptable Single Stream Recycling Materials 58
Exhibit D County Facilities to be provided Recycling Services 59
Exhibit E Compliance Sheet 60
Exhibit F Reference Form 61
Exhibit G Proposer Checklist 62
Exhibit H Statement of No Bid 63


Request for Proposals
SOLI D WASTE & RECYCLE COLLECTI ON SERVI CES
RFP P-4-12-23

3
GENERAL CONDI TI ONS
1. SUBMI SSI ON OF PROPOSALS: All Proposals shall be submitted in a sealed envelope. The Proposal number, title,
and opening date shall be clearly displayed on the outside of the sealed envelope. The delivery of said Proposal to
Purchasing Services prior to the specified opening date and time is solely and strictly the responsibility of the Proposer.
Any Proposals received in Purchasing after the specified date and time will not be accepted. An original and number of
copies indicated of the Proposal must be submitted unless otherwise noted.
2. EXECUTI ON OF PROPOSAL: Proposal must contain a manual signature of authorized representative in the space(s)
provided. Proposals must be typed or printed in ink. Use of erasable ink is not permitted. All corrections made by
Proposer to any Proposal entry must be initialed. The company name and F.E.I.D. number shall appear in the space(s)
provided.
3. PROPOSAL OPENI NG: Proposal opening shall be public on the date and time specified. Sealed proposals received by
an agency pursuant to requests for proposals are exempt from the provisions of subsection (1) and s. 24(a), Art. I of the
State Constitution until such time as the agency provides notice of a decision or intended decision pursuant to s.
120.57(3)(a) or within 30 days after Proposal or proposal opening, whichever is earlier. In accordance with Florida Statute
119.071(1)(b)2., the names of the firms submitting a competitive solicitation will be read aloud at this time of the opening.
No details of the competitive solicitation will be released. Proposal must be submitted on forms provided by the County.
No other forms will be accepted. Telephone and telegraph Proposals will not be considered. No Proposal may be modified
after opening. No Proposal may be withdrawn after opening for a period of ninety (90) days unless otherwise specified.
4. PROPOSAL TABULATI ONS: Proposal tabulations are posted on Demand Star web page and available for download at:
www.demandstar.com.
5. CLARI FI CATI ON/CORRECTI ON OF PROPOSAL ENTRY: The County of Brevard reserves the right to allow for
the clarification of questionable entries and for the correction of OBVIOUS MISTAKES.
6. I NTERPRETATI ON: No interpretation of the meaning of the specifications, or other contract documents will be made
orally to any Proposer. Every request for such interpretation must be in writing, addressed to Purchasing Services at 2725
J udge Fran J amieson Way, Bldg. C, 3rd Floor, Melbourne, FL 32940, or faxed to the attention of the Purchasing Agent, at
(321) 617-7391 or (321) 637-5302. To be given consideration, such requests must be received at least five (5) business
days prior to the date fixed for the opening of the Proposal. Any and all such interpretation and supplemental instructions
will be in the form of a written addendum, which, if issued will be sent to all prospective proposers at the respective
addresses furnished for such purposes. Failure of any Proposer to receive any such addendum or interpretation shall not
relieve said Proposer from any obligation under his Proposal as submitted. All addenda so issued shall become part of the
contract documents, whether or not the successful Proposer received a copy of such addendum, it being understood that all
Proposers are responsible to verify that they have received any such addenda prior to submitting their Proposal.
7. EEO STATEMENT: Vendors must ensure that employees and applicants for employment are not discriminated against
for reasons of race, color, age, religion, sex, national origin, or handicapped status. Minority and female-owned businesses
are encouraged to participate. Brevard County is an equal opportunity employer.
8. PRI CI NG: Firm prices shall be proposed and include FOB DESTINATION, all packing, handling, shipping charges, fuel
surcharges and delivery, unless otherwise indicated, to any point within the County of Brevard to a secure area or inside
delivery. All prices, costs, and conditions shall remain firm and valid for one hundred and eighty days (180) from the date
of opening. The obligations of Brevard County under this award are subject to the availability of funds lawfully
appropriated for its purpose by the State of Florida and/or the Board of County Commissioners.
9. ADDI TI ONAL TERMS & CONDI TI ONS: The County of Brevard reserves the right to reject Proposals containing any
additional terms or conditions not specifically requested in the original conditions and specifications.
10. TAXES: The County of Brevard is exempt from Federal Excise Taxes and all sales taxes.
11. DI SCOUNTS: All discounts EXCEPT THOSE FOR PROMPT PAYMENT shall be considered in determining the lowest
net cost for Proposal evaluation purposes.
12. MEETS SPECI FI CATI ONS: All equipment and accessories furnished under these specifications shall be of good
quality, workmanship and material. The Proposer represents that all equipment offered under these specifications shall
meet or exceed the minimum requirements specified. Delivery specifications shall be strictly adhered to. The Proposer
shall be responsible for performing the work necessary to meet County standards in a safe, neat, good and workmanlike
manner.
13. BRAND NAME OR EQUAL: If items called for by this invitation have been identified in the specifications by a Brand
Name OR EQUAL description, such identification is intended to be descriptive, but not restrictive, and is to indicate the
quality and characteristics of products that will be acceptable. Proposers offering equal products will be considered for
award if such products are clearly identified in the Proposal and are determined by the County to meet fully the salient
characteristics requirements listed in the specifications. Unless the Proposer clearly indicates in his Proposal that he is
offering an equal product, the Proposer shall be considered as offering the same brand name product referenced in the
specifications. If the Proposer proposes to furnish an equal product, the brand name if any, or the product to be furnished
Request for Proposals
SOLI D WASTE & RECYCLE COLLECTI ON SERVI CES
RFP P-4-12-23

4
shall be inserted in the space provided or such product shall be otherwise clearly identified. The evaluation of Proposals
and the determination as to equality of the product offered shall be the responsibility of the County and will be based on
information furnished by the Proposer. Purchasing Services is not responsible for locating or securing any information
which is not identified in the Proposal and reasonably available to Purchasing Services. To ensure that sufficient
information is available the Proposer shall furnish as a part of the Proposal, or prior to RFP opening, as indicated, all
descriptive material necessary for Purchasing Services to determine whether the product offered meets the salient
characteristics required by the specifications and establish exactly what the Proposer proposes to furnish and what the
County would be binding itself to purchase by making an award.
14. SI LENCE OF SPECI FI CATI ONS: The apparent silence of the specifications and any supplemental specifications as to
any details or the omission from same of any detailed description concerning any point, shall be regarded as meaning that
only the best commercial practices are to prevail and only materials of first quality be provided. All interpretations of this
specification shall be made upon the basis of this statement.
15. ASSI GNMENT: Any purchase order issued pursuant to this Proposal and the moneys which may become due hereunder
is not assignable except with the prior written approval of the Board of County Commissioners.
16. I NDEMNI FI CATI ON: The successful Proposer agrees to indemnify and hold harmless the County and their employees
from all claims, losses and expenses, including attorneys fees, arising out of or resulting from the performance, failure in
the performance of, or defect in, the products or services to be contracted, provided such claim, damage, loss or expense
(1) is attributable to bodily injury, sickness, disease, death, or personal injury, or to property damage, including loss of use
resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the vendor, any subcontractor
or any of their employees, or arises from a job-related injury. The successful Proposer acknowledges adequate
consideration for this indemnification provision.
17. PATENTS AND ROYALTI ES: The Proposer, without exception shall indemnify and save harmless the County of
Brevard and its employees from liability of any nature of kind including cost and expenses for or on account of any
copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract,
including its use by the County of Brevard. If the Proposer uses any design, device, or materials covered by letters, patent
or copyright, it is mutually agreed and understood without exception that the Proposal prices shall include all royalties or
cost arising from the use of such design, device, or materials in any involved in the work.
18. TRAI NI NG: If specified, supplier(s) may be required at the convenience of the County, to provide employees training in
the operation and maintenance of any items(s) purchased from this Proposal.
19. ACCEPTANCE: Items may be tested for compliance with specification. Items delivered not conforming to specifications
may be rejected and returned at vendors expense. Those items not delivered as per delivery date in Proposal and/or
purchase order may be purchased on the open market. Any increase in cost may be charged against the vendor. Any
violations of these stipulations may also result in the vendor name being removed from the Proposal list and the vendor
disqualified from doing business with the County of Brevard.
20. SAFETY WARRANTY: The selling dealer, distributor, supplier, and manufacturer shall be responsible for having
compiled with all Federal, State and local standards, regulations, and laws concerning the equipment specified and the use
thereof, applicable and effective on the date of manufacture including safety and environmental standards as apply to both
private industry and governmental agencies.
21. WARRANTY: The Proposer agrees that, unless otherwise specified, the supplies and/or services furnished under this
Proposal shall be covered by the most favorable commercial warranty the Proposer gives to any customer for comparable
quantities of such supplies and/or services and that the rights and remedies provided herein are in addition to and do not
limit any rights afforded to the County of Brevard by any other provision of this Proposal.
22. AWARDS: As the best interest of the County may require, the right is reserved to make award(s) by individual items,
group of items, all or none, or a combination thereof; on a geographical basis and/or on a countywide basis with one or
more suppliers; to reject any and all Proposals or waive any minor irregularly or technicality in Proposals received.
Proposers are cautioned to make no assumptions unless their Proposal has been evaluated as being responsive and
qualified. All awards made as a result of this Proposal shall conform to applicable ordinances of the County of Brevard.
The Board may return, for full credit, any unused items received which fail to meet the Boards performance standards.
Brevard County reserves the right to cancel an awarded Proposal upon due cause, i.e. vendor misrepresentation, vendor
negligence, non-performance, etc. via written notice.
23. Unless otherwise noted in the Proposal document, vendors shall submit one Proposal only.
24. DEFI NI TI ONS:
COUNTY - The term COUNTY herein refers to the County of Brevard, Florida, and its duly authorized representatives.
PROPOSER - The term PROPOSER used herein refers to the dealer/ manufacturer/business organization submitting a
Proposal to the County in response to this invitation.
VENDOR - The term VENDOR used herein refers to any dealer/manufacturer/business organization that will be awarded
a contract pursuant to the terms, conditions and quotations of the Proposal.
Request for Proposals
SOLI D WASTE & RECYCLE COLLECTI ON SERVI CES
RFP P-4-12-23

5
USING AGENCY - The term USING AGENCY used herein refers to any department, division, agency, commission,
board, committee, authority or other unit in the County Government using supplies or procuring contractual services as
provided for in the Purchasing Ordinance of the County of Brevard.
HEAVY DUTY - The item(s) to which the term HEAVY DUTY is applied shall exceed the usual quality and/or capacity
supplied with standard production equipment and shall be able to withstand unusual strain, exposure, temperature, wear
and use.
QUALIFIED BIDDER OR PROPOSER - The best bidder or proposer who has the capability in all respects to fully
perform the Proposal requirements, and has the financial stability, honesty, integrity, skill, business judgment, experience,
facilities, and reliability necessary to assure good faith performance of the contract, as determined by reference to the
Contractors Qualification Statement, evaluations by County staff of the proposer or its subcontractors past performance
for the Board, an any other information required by Board policies.
RESPONSIVE BIDDER OR PROPOSER - A bidder or proposer who has submitted a bid or proposal which conforms in
all respects to the requirements of the bid package or request for proposal, including, but not limited to, submission of the
bid or proposal on required forms with all required information, signatures, and notarizations at the place and time
specified.
DUE CAUSE An applicable reason affecting and concerning the ability and fitness of the contractor(s) to perform to the
specifications and requirements of the contract.
25. CONFLI CT OF I NTEREST: The award hereunder is subject to provisions of State Statutes and County Ordinance. All
Bidders must disclose with their Proposal the name of any officer, director, or agent who is also an employee of Brevard
County. Further, all proposers must disclose the name of any County employee who owns, directly or indirectly, any
interest in the proposers firm or any of its branches.
26. PURCHASI NG AGREEMENTS WI TH OTHER GOVERNMENT AGENCI ES: This Proposal may be expanded to
include other governmental agencies provided a cooperative Purchasing Agreement exists or an Interlocal Agreement for
joint purchasing exists between Brevard County and the other public agency. Each political entity will be responsible for
execution of its own requirements with the awarded vendor.
27. DRUG FREE WORKPLACE: Whenever two or more proposals which are equal with respect to price, quality, and
service are received by Brevard County for the procurement of commodities or contractual services, a proposal received
from a business that has implemented a drug free workplace program (per Florida Statutes Section 287.087) shall be given
preference in the award process.
28. LOBBYI NG STATEMENT: All firms are hereby placed on notice the County Commission and staff shall not be
contacted about this Proposal. Firms and their agents are hereby placed on notice that they are not to contact members of
the County Commission or staff (with the exception of designated liaison). Public meetings and public deliberations of the
Selection Committee are the only acceptable forum for the discussion of merits of products/services requested by the RFP;
and written correspondence in regard to Proposals may be submitted to the Purchasing Manager. Each Proposal will have
one non-voting staff member designated who will serve as the liaison. Failure to adhere to these requirements could result
in Board action to disqualify your firm from consideration of award.
29. 29. PUBLI C ENTI TY CRI MES: All Proposers are hereby placed on notice that 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 Proposal on a
contract to provide any goods or services to a public entity, may not submit a Proposal on a contract with a public entity for
the construction repair of a public building or public work, may not submit Proposals 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 a public entity, and may not transact business with any public entity in excess of the threshold amount provided in s.
287.017 for CATEGORY TWO (currently $35,000) for a period of thirty six (36) months from the date of being placed on
the convicted vendor list.
30. DI SCRI MI NATI ON: An entity or affiliate who has been placed on the discriminatory vendor list may not submit a
Proposal on a contract to provide goods or services to a public entity, may not submit a Proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit Proposals on leases or real property
to a public entity, may not award or perform work as a contractor, supplier, and may not transact business with any public
entity.
31. LI CENSE/CERTI FI CATI ONS AND PERMI TS: The successful vendor will be required to secure, at its expense and
show proof of the proper business tax receipt and/or any other license/certification required of the applicable service/work
being performed. Prior to award, the apparent low bidder will be required to provide proof of license and/or certification
within two (2) business days of the posted awarded recommendation and submit copies of license/certifications to the
Purchasing Office. The Brevard County Contractor Licensing and Regulations Section is responsible for the county
licensing of trades: General Building, drywall, plumbing, electric, HVAC, roofing, etc. If you have questions concerning
the licensing requirements for a Brevard County contractors license, please Contact the Brevard County Licensing
Regulation and Enforcement Office at (321) 633-2058, option 0, for any questions.
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The awarded contractor shall fully comply with all federal and state laws, county and municipal ordinances and regulations
in any manner affecting the performance of the work. The successful vendor is responsible for obtaining all permits
necessary to construct the project. Brevard County does not exempt itself from permitting requirements. The Owner shall
pay all Brevard County permit, inspection and impact fees required for the project or services required under this contract;
all other fees for permits required by agencies/municipalities other than Brevard County shall be the responsibility of the
awarded Contractor. A copy of issued permit shall be provided to the User Department of the County for their records.
32. ERRORS: In the event of extension error(s), the unit price will prevail. In the event of addition error(s), the extended
totals will prevail. In either case, the Proposals total offer will be adjusted accordingly.
33. CANCELLATI ON AND RE-I NSURANCE: If any insurance should be canceled or changed by the insurance expiring
during the period of this Proposal award, the vendor shall be responsible for securing other acceptable insurance to provide
the coverage specified in the Proposal to maintain continuous coverage during the life of the award.
34. I NCURRED COST: Brevard County is not liable for any cost incurred by any vendor prior to an award. Costs for
developing a response to this request for Proposal are entirely the obligation of the proposer and shall not be chargeable in
any manner to Brevard County.
35. MATERI ALS/SUPPLI ES: No materials or supplies for the work shall be purchased by the vendor or by any sub-
contractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by
the seller.
36. SUBCONTRACTORS: The vendor shall be fully responsible for all acts and omissions of his sub-contractors and of
persons and organizations directly or indirectly employed by them and of persons and organizations for whose acts and
omissions of persons directly employed by him.
37. VERBAL I NSTRUCTI ONS: No negotiations, decisions, or actions shall be initiated or executed by the vendor as a
result of any discussions with any County employee. Only those communications which are in writing from an authorized
County representative may be considered. Only written communications from vendors which are assigned by a person
designated as authorized to bind the company will be recognized by the County as duly authorized expressions on behalf of
the company.
38. FAX: Proposals which are received by FAX are not acceptable and will be rejected.
39. LI TI GATI ON VENUE: All litigation shall take place either in the State Courts of Florida, wherein venue shall lie in
Brevard County, Florida; or in the Federal Courts wherein venue shall lie in the Central District in and for the State of
Florida. The vendor expressly waives venue in any other location.
40. ADDI TI ON, DELETI ON OR MODI FI CATI ON OF SERVI CES: The County reserves the right at its sole discretion
to increase, decrease, or delete any portion of this agreement/contract at any time without cause, and if such right is
exercised by the County, the total fee shall be reduced by a prorate basis. If work has already been accomplished on the
portion of the contract to be increased, decreased, or deleted, the contractor shall be paid for the correct portion on the basis
of the estimated percentage agreed upon by the County, the contractor, and the contract manager upon completion of such
portion.
41. OPERATI ON DURI NG DI SPUTE: In the event the County has not canceled the contract in accordance with the terms
of the contract, and there remains a dispute between the proposer and the County, the proposer agrees to continue to
operate and perform under the terms of the contract while such dispute is pending, and further agrees that, in the event a
suit is filed for injunction or other relief, it will continue to operate the system until the final adjudication of such suit by
the court.
42. CONTRACT TERMI NATI ON: The contract resulting from this Proposal shall commence upon issuance and
acceptance of the fully executed contract. The County user agency shall issue orders against the contract on an as needed
basis. The contract may be canceled by the vendor, for good cause, upon ninety (90) days prior written notice. The
County retains the right to terminate the contract, in part or in its entirety, with or without good cause, upon thirty (30) days
prior written notice or as stated herein. In the event of termination by either party as provided herein, the awarded vendor
shall be paid for services performed through the date of termination.
43. SPECI AL ACCOMMODATI ONS: In accordance with the Americans with Disabilities Act and Section 286.26, F.S.,
persons with disabilities needing special accommodations to participate should contact the County Managers Office no
later than 48 hours prior to any meeting at 633-2001 for assistance.
44. PROPOSER RESPONSI BI LI TI ES: A proposer, by submitting a Proposal, certifies that it understands all planning,
coordinating, and implementation of the described services shall be done through personal contact between the proposer
and the contract manager, and that telephone contact and mail correspondence may, in some cases, not be appropriate.
County approved representatives of the proposer shall be available to meet with the contract manager, as may be required,
to accomplish the Countys objectives as effectively and efficiently as possible, during all phases of this
agreement/contract/ Proposal.
45. SUPERVI SI ON OF CONTRACT PERFORMANCE: The proposers performance of the contract will be monitored by
the contract manager. The proposer shall be notified of lack of performance in writing by the contract manager. If at any
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time during the term of the contract, performance satisfactory to the contract manager shall not have been made, the
proposer, upon written notification by the contract manager, shall within three (3) days increase the force, tools and
equipment as needed to properly perform the contract. The failure of the contract manager to file such notification shall
not relieve the proposer of the obligation to perform the work at the time and in the manner specified by the contract. If the
proposer does not increase the force or neglects to do the work properly, the contract manager can withhold a percentage of
payment or withhold the entire dollar amount due as per the contract.
46. MI SUNDERSTANDI NG: To prevent misunderstanding and any litigation, the contract manager shall decide any and all
questions which may arise concerning the quality and acceptability of the work and services performed, the sufficiency of
performance, the interpretation of the provisions of the contract, and the acceptable fulfillment of the contract on the part of
the proposal. The contract manager will determine whether or not the amount, quantity, character and quality of the work
performed are satisfactory, which determination shall be final, conclusive and binding upon both the proposer and the
County. The contract manager shall make such explanation as may be necessary to complete, explain, or make definite the
provisions of the contract, and his findings and conclusions shall be final and binding upon both parties.
47. GREEN PROCUREMENT POLI CY: The Board of County Commissioners approved a green procurement policy in
March 2004 to establish procurement requirements that promote the purchase and use of Environmentally Preferred
Products as defined by the United States Environmental Protection Agency. Environmentally Preferred Products (EPP) are
those products and services that have a reduced effect on the human health and the environment when compared to other
products and services that serve the same purpose. EPP produces encourage (1) waste reduction; (2) reduced exposure to
hazardous materials; (3) natural resource conservation; and (4) energy efficiency.
48. MONI TORI NG OF WORK: The proposer shall provide the contract manager with every reasonable opportunity to
ascertain whether or not the work, as performed, is in accordance with the requirements of the contract. The Proposer shall
designate, in writing, a person to serve as liaison between the proposer and the County.
49. PROMPT PAYMENT: For payment promptness, Brevard County shall remit payment in accordance with the Florida
Prompt Payment Act, Florida Statutes section 218.70, et seq. Brevard County does not expect to be billed in excess of the
ordered quantity and will not pay for any quantity above the ordered quantity. Any order placed as a result of this quotation
will be subject to Billing Instructions and Conditions on the face of the Brevard County Purchase Order form. Proposers
may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Proposer
offers a discount, it is understood that the discount time will be from the date of satisfactory delivery, at the place of
acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.
Requests for final payment for any work or services for which a permit is required shall include a copy of all required
permits and copies of all required inspection reports. Failure to provide proof of acquisition of all required permits and
successful completion of all required inspections shall represent an incomplete invoice and will delay payment.
50. RI GHT TO AUDI T RECORDS: In performance of this Agreement, the Contractor shall keep books, records, and
accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All
documents, papers, books, records and accounts made or received by the contractor in conjunction with the Agreement and
the performance of this Agreement shall be open to inspection during regular business hours by an authorized
representative of the office and shall be retained by the contractor for a period of three (3) years after termination of this
Agreement, unless such records are exempt from section 24(a) of Article I of the State Constitution and section 119.07(1)
Florida Statutes.
51. UNAUTHORI ZED ALI EN WORKS: Brevard County will not accept Proposals from vendors who knowingly employ
unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a (e)
(Section) 274A (e) of the Immigration and Nationality Act INA. The County shall consider a vendors intentional
employment of unauthorized aliens as grounds for immediate termination of any awarded proposal.
52. FLORI DA PUBLI C RECORDS LAW:
Both parties understand that the County is subject to the Florida Public Records Law, Chapter 119, Florida Statutes and all
other applicable Florida Statutes. If the materials provided by the Contractor do not fall under a specific exemption, under
Florida or federal law, materials provided by the Contractor to the County would have to be provided to anyone making a
public records request. It will be the proposers duty to identify the information which it deems is exempt under
Florida/federal law and identify the statute by number which exempts that information.
Should any person or entity make a public request of the County which requires or would require the County to allow
inspection or provide copies of records which the Contractor maintains are exempt from Public Records Law or are
confidential, it shall be the Contractors obligation to provide the County within 24 hours (not including weekends and
legal holidays), of notification by the County to the Contractor of the request, of the specific exemption or confidentiality
provision so the County will able to comply with the requirements of Fla. Stat. 119.07(1)(e) and (f). Should the County
face any kind of legal action to require or enforce inspection or production of any records provided by the Contractor to
the County which the Contractor maintains are exempt or confidential from such inspection/production as a public record,
then the Contractor shall hire and compensate attorney(s) who shall represent the interest of the County as well as the
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Contractor in defending such action. The Contractor shall also pay any costs to defend such action and shall pay any costs
and attorneys fees which may be awarded pursuant to Fla. Stat. 119.12.
All material submitted becomes the property of the County and may be returned only at the County's option. The County
has the right to use any or all ideas presented in any reply to this RFP. Selection or rejection of any proposal does not
affect this right.
53. LOCAL PREFERENCE:
The Board of County Commissioners of Brevard County, Florida adopted Resolution No. 2010-122 on J uly 13, 2010 to
extend Resolution No 2009-146 for a local business preference policy. Businesses located within Brevard County and the
State of Florida will be given preference through the procedures established by the resolution. The entire resolution may be
viewed at www.brevardcounty.us (Purchasing/Bids) or www.brevardcounty.us/purchasing .
It is understood that the submission of a Local Vendor Affidavit of Eligibility to Brevard County Purchasing Services with
the proposal is for the Brevard County Board of County Commissioners only, and the Affidavit is valid only for the RFP
specified. The proposer also understands that failure to maintain the requirements of the vendor category stated on the
Local Vendor Affidavit of Eligibility through completion of the awarded proposal or contract may be grounds for
immediate termination and may be used for consideration in future awards.
Please Note, Local Preference is not applicable to contracts valued at $1,000,000 or greater as of May 29, 2012 per
direction of the Brevard County Board of County Commissioners.
54. PREFERENCE GI VEN TO COMMODI TI ES MANUFACTURED, GROWN OR PRODUCTED I N FLORI DA:
In accordance with Florida Statute 287.082, whenever two or more competitive sealed Proposals are received, one or more
of which relates to commodities manufactured, grown, or produced within this state, and whenever all things stated in such
received Proposals are equal with respect to price, quality, and service, the commodities manufactured, grown, or produced
within this state shall be given preference.
55. COUNTY SEAL:
Use of the County Seal without the express approval of the Board of County Commissioners is a violation of section
165.043 Florida Statutes punishable as a misdemeanor.
56. TI E BI DS: Award of all tie quotes/bids shall be made by the Purchasing Manager in accordance with State Statutes,
which allows a firm certified as a Drug-Free Workplace to have precedence. When evaluation of vendor responses to
solicitations results in identical offers, with regards to bids or quotations, or identical ranking with regards to proposals,
from two or more vendors, the County shall determine the order of award using the following criteria in order of preference
listed below (from highest priority to lowest priority):
a. For tie bids, quotations or proposals, priority shall be given to the vendor certifying that he/she is a Drug-Free
Workplace as defined within 287.087, Florida Statutes;
b. Should a tie still exist, in the case of proposals only, priority shall be given until the tie is broken, to the vendor with
the highest total of raw scores for each evaluation criteria, progressing from the highest weighted criteria to the lowest
rated criteria. If multiple evaluation criteria have identical weights, the combined total weights of the identically
weighted criteria shall be used;
c. Should a tie still exist for bids, quotations or proposals, priority shall be given to the vendor having a verified business
establishment within the boundaries of Brevard County, Florida;
d. In the event that a tie still exists after progressing through a-c, the decision shall be made by lot or coin toss. The
drawing of lots or coin toss shall be conducted in the presence of the effected bidders if they elect to be present.
57. VENDOR COMPLAI NTS AND DI SPUTES:
Brevard County encourages prompt and fair handling of all complaints and disputes with the business community. In
order to resolve disputed matters in an equitable manner, the following procedures are adopted:
I . Posting of Award Notices
A. FORMAL SEALED BIDS/QUOTES: No later than three (3) business days after a bid opening the Purchasing
Manager or his/her designee shall post a tabulation of competitive sealed bids/quotes on a bulletin board located in or near
the Purchasing Services Office. The apparent low bidder/quote will be the intended award recommendation. If after
posting the tabulation, the apparent low bidder/quote is found to be non-responsive to the specifications, the formal
award evaluation will be posted. The time for filing a protest will begin the date of the later posting.

B. FORMAL SEALED PROPOSALS: No later than three (3) business days after the selection committee
recommendations are finalized the Purchasing Manager or his/her designee shall post the selection committees rankings
and recommended award for Proposals.
I I . Proceedings
A. Any Bidder, quoter or proposer who is allegedly aggrieved in connection with the solicitation or pending award of a
contract must file a formal written protest with the Purchasing Manager within five (5) business days of the posted award
recommendation.
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B. The formal written protest shall reference the bid/quote/proposal number, and shall state with particularity the facts and
laws upon which the protest is based, including full details of adverse affects and the relief sought.

C. Within seven (7) calendar days of receipt of the formal written protest the Purchasing Manager will arrange a meeting
of the Protest Committee and the affected parties. The Protest Committee shall consist of two (2) Department Directors
or designees, both of whom must be from an organizational group which the user department or group is not assigned;
one (1) Assistant County Manager, who must be from an organizational group which the user department or group is
not assigned under. The Purchasing Manager shall act as a non-voting Hearing Coordinator and the County Attorney
or designee may be requested to attend as a non-voting member. The Purchasing Manager or designee record the
meeting and provide any information as the committee may request. The purpose of the meeting of the Protest
Committee is to provide an opportunity to: (1) review the basis of the protest, (2) evaluate the facts and merits of the
Proposal protest, and (3) if possible, to reach a resolution of the protest that is acceptable to the affected parties. For
the purpose of the Protest Committee hearing, resolution shall mean that the Protestor finds the decision of the Protest
Committee acceptable.

D. In the event the matter is not resolved with the Protestors acceptance of the Protest Committees decision, the
Purchasing Manager will schedule the recommended award including the details of the protest and the Protest
Committees recommendation before the Board of County Commissioners via Board Agenda. The County Manager,
prior to approval and placement on the Board agenda, may elect to resolve the matter before presentation to the Board.
In the event that the County Manager cannot bring the matter to resolution, a copy of the Agenda Report shall be
furnished immediately to all affected parties. The affected parties may appear before the Board of County
Commissioners as a final means of administrative remedy.

I I I . Stay of Procurements During Protests
Failure to observe any or all of the above procedures shall constitute a waiver the right to protest a contract award. In
the event of a timely protest under the procedure, the County shall not proceed further with solicitation or with the
award until a recommendation is made by the Committee, or a written determination is made by the County Manager
that the award must be made without delay in order to protect the public interest. Invoice disputes between an awarded
vendor and user agency will follow the guidelines set forth in AO-33, Prompt Payment of Invoices.

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PROPOSAL SCHEDULE

The following anticipated timeline for completion of the RFP process and implementation has been established:

IDENTIFICATION DATE

J uly 12, 2012 RELEASE OF PROPOSAL


August 2, 2012 @ 9:00 am PRE-PROPOSAL CONFERENCE
2725 J udge Fran J amieson Way
Bldg. C, 2
nd
Floor, Space Coast Room
Viera, FL. 32940

August 7, 2012 @ 5:00 pm DEADLINE FOR QUESTIONS


August 14, 2012 @ 2:00 pm PROPOSAL DUE DATE


Date & Time TBD SELECTION COMMITTEE MEETING


Date & Time TBD RECOMMENDATION TO THE BOARD



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I NTRODUCTI ON AND SUBMI TTAL I NFORMATI ON

1. I ntroduction/Purpose: The purpose of this Request for Proposal (RFP) is to select a qualified collector(s) (Collector),
via an exclusive franchise agreement (Agreement), to provide solid waste, single stream recycling, bulky waste, white
goods and yard waste collection services to residential properties and solid waste collection services to commercial
properties in unincorporated Brevard County (County).

2. Agreement Period: The Agreement will be a seven-year contract with the effective date of the Agreement to be October
1, 2013, with the option to extend the Agreement for one additional three (3)-year term upon mutual agreement of both
parties. Based on the response to this RFP, the Selection Committee will select and/or recommend to the BOCC a firm(s)
to provide to the County the services required under this RFP.

3. Background: The County will grant the Collector exclusive franchise rights to provide solid waste, yard waste and
recycling collection services to all single-family and multi-family residential customers in the unincorporated County for
the term of the Agreement. The County will grant the Collector exclusive franchise rights to provide solid waste collection
service to all commercial customers in the unincorporated area of the County for the term of the Agreement. This shall
include front load containers, roll-offs, and compactors. Construction and demolition debris collection service is an
authorized service, but will not be part of an exclusive franchise. The County proposes to continue its current practice of
billing single-family residential and multi-family residential accounts, with the Collector billing all commercial accounts.

The County has prepared a draft Agreement (Exhibit A) that defines the proposed scope of services, performance
standards, term, compensation mechanism, insurance requirements, and other contractual requirements. Proposals are
being solicited from qualified companies. Proposals must be submitted in accordance with guidelines presented in the
draft Agreement and RFP and must, at a minimum, include the scope of services outlined.

4. Current Services: The current agreement is for collection and transportation of residential and commercial solid waste,
and collection and recycling of residential recyclables. There are two services areas: the North Service Area and the
South Service area (Exhibit B).

The North Service Area has approximately 52,027 residences and the South Service Area has approximately 47,638
residences for a total of 99,665 residences in the entire unincorporated County.

Currently, residential solid waste collection services are provided twice per week, recycling collection services are provided
once per week, yard waste collection services are provided once per week, and bulky waste collection services are provided
on-call excluding Saturday & Sunday. Commercial collection services are provided six days a week excluding Sunday.

Currently, residential recyclables are collected once a week in a 14-gallon co-mingled, single stream bin. Recyclables are
collected at the curb, transloaded at a Waste Management facility in West Melbourne, and then transported to and
processed at the Reuter Materials Recovery Facility in Pembrooke Pines, Florida.

The current collector pays the County $.20 per home per month for unincorporated residential curbside recycling collection
with the collector retaining all proceeds, if any, from the sale of recyclable materials.

5. Proposal Submittal: One (1) original proposal and nine (9) duplicate proposals (ten (10) total proposals) must be
submitted no later than 2:00 p.m. local time on August 14, 2012. Paper copies must be provided, but should be
accompanied by an equivalent electronic PDF file on a compact disc. Proposals should be printed double-sided on paper
with at least 35 percent post-consumer recycled content. Sealed proposals must be clearly marked as follows:

RFP #P-4-12-23, Solid Waste and Recycle Collection Services and returned to:

Purchasing Services
Brevard County Government Center
2725 J udge Fran J amieson Way, 3
rd
Floor, Suite C303
Viera, FL 32940

All proposals received on or before the due date and time will be opened after 2:00 p.m. local time on August 14, 2012, at
which time, the names of the firms submitting proposals will be read. No details of the proposals or the contents shall be
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disclosed until notice of intent to award or thirty (30) days after opening of the proposals, whichever occurs first, in
accordance with Chapter 119.071 (1)(b)2, Florida Statutes.

6. Pre-proposal Meeting Date and Time: A mandatory pre-proposal meeting will be held on August 2, 2012 at 9:00 a.m.
located at 2725 J udge Fran J amieson Way, Bldg. C., 2
nd
Floor, Space Coast Room, Viera, FL. 32940. Proposals will not
be accepted from firms not in attendance at the pre-proposal meeting.
Mandatory Non-Mandatory

7. I nformation or Clarification: For information concerning procedures for responding to this proposal, contact J onathan
McLester, Purchasing Services at 321-617-7390, or fax 321-617-7391, 321-637-5302; email
jonathan.mclester@brevardcounty.us. Such contact shall be for clarification purposes only. Material changes, if any,
to the specifications will be transmitted by written addendum through Purchasing Services. No interpretation of the
meaning of the proposal, any correction of any apparent ambiguity, inconsistency or error therein, will be to any proposer
orally. Every request for such interpretation must be in writing addressed to Purchasing Services at 2725 J udge Fran
J amieson Way, Bldg. C, Suite 303, Viera, Florida, 32940, or faxed to the attention of J onathan McLester at 321-617-7391
or 321-637-5302. To be given consideration, such requests must be received in writing no later than five (5) business days
prior to the date for opening of the proposals. All such interpretations and supplemental instructions will be in the form of
written Addenda to the Proposal. Only the interpretation or correction so given by the Purchasing Services Representative
in writing shall be binding. Any request for additional information should be referred to the County Office of Purchasing
Services.

If an addendum is sent to potential proposers, it will be mailed, faxed or emailed according to the information Purchasing
Services has on file for the proposers. To make sure you receive any addenda to the proposal request, please make sure
Purchasing Services has the full name of your organization, complete address, name of individual that addenda should be
directed to, and that individuals telephone and fax number, and email. It is the proposers responsibility to ensure all
addenda have been received.
Proposals will be reviewed, scored and ranked by a Selection Committee using the evaluation criteria as outlined herein.
The Selection Committee may conduct interviews of the top-ranked firms. The Selection Committee will make
recommendations to the Board of County Commissioners, which has the sole authority to make the final determination to
award, revise, or reject an Agreement with the selected vendor.

The County will not be bound by oral explanations or instructions given at any time during the competitive process or
afterward.

8. Right to Submitting Material: All responses, inquiries or correspondence relating to or in reference to this RFP, and all
other reports, charts, displays, schedules, exhibits and other documentation submitted by the vendors will become the
property of Brevard County.

9. Agreement Negotiation: The County at its sole discretion, reserves the right to enter into contract negotiations with the #1
ranked, responsive, responsible Proposer. If the County and said Proposer cannot negotiate a successful Agreement, the
County may terminate said negotiations and begin negotiations with the next highest ranked, responsive, responsible
Proposer. This process will continue until an Agreement acceptable to the County has been executed or all Proposals are
rejected. No Proposer shall have any rights against the County arising from such negotiations or termination thereof.

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SCOPE OF SERVI CES AND SPECI FI CATI ONS

The selected Collector shall provide collection and transport services for single-family and multi-family residential solid
waste, recyclables, yard waste, and bulky waste and for commercial solid waste collected in individual cans/carts, front-load
containers/bins, and compactors, The Collector shall comply with all federal, state, and local requirements, with special
attention to Brevard County Ordinances, and shall acquire and maintain all required permits and licenses. A general summary
of the work and service level the County is requesting is listed below. These services must be included in any proposal in
order for the proposal to be considered responsive.

RESI DENTI AL SERVI CE OPTI ONS

The County is requesting proposals for providing the existing level of residential collection service (Base Bid), as well as
several alternative options as outlined below. Proposals must address all options and include pricing for each. In the
alternatives that utilize carts, the Collector will manage all aspects of the cart system including ordering, storing, delivery,
maintenance, replacement, etc.

Base Bid: This will consist of a base bid for the North Service Area AND a separate base bid for theSouth Service Area that
would maintain theCountys current level of service, which provides for manual curbside solid waste and recycling
collection for all single-family residential customers and multi-family residential customers in the unincorporated
County. This service consists of twice weekly solid waste collection with collections at least three (3) days apart,
once per week single-stream recycling collection in a 14-gallon bin(s), once per week collection of yard waste and
pickup of bulky items, white goods and electronics on an on call basis.

Alternate 1: Collector will provide twice weekly automated curbside solid waste collection, once per week
automated single-stream recycling collection, once per week manual collection of yard waste, and on call pickup of
special collection bulk waste, white goods and electronics in the North Service Area (see Exhibit B). Collector will
provide residents with one (1) 64-gallon cart for solid waste and one (1) 64-gallon cart for single stream recycling, or
a smaller ( 36-gallon) cart or a larger (96-gallon) cart for solid waste if requested. Residents requesting an additional
cart(s) will be required to pay for each additional cart in accordance with the adopted fee schedule. Cart costs will
be provided for carts that will be owned by the County and maintained by the Collector and for carts that will be
owned by the Collector and maintained by the Collector.

Alternate 2: Collector will provide twice weekly automated curbside solid waste collection, once per week
automated single-stream recycling collection, once per week manual collection of yard waste, and on call pickup of
special collection bulk waste, white goods, and electronics in the South Service Area (see Exhibit B). Collector
will provide residents with one (1) 64-gallon cart for solid waste and one (1) 64-gallon cart for single stream
recycling, or a smaller ( 36-gallon) cart or a larger (96-gallon) cart for solid waste if requested. Residents requesting
an additional cart(s) will be required to pay for each additional cart in accordance with the adopted fee schedule.
Cart costs will be provided for carts that will be owned by the County and maintained by the Collector and for carts
that will be owned by the Collector and maintained by the Collector.


Alternate 3: Collector will provide twice weekly automated curbside solid waste collection, once per week
automated single-stream recycling collection, once per week manual collection of yard waste, and on call pickup of
special collection bulk waste, white goods, and electronics in the entire Service Area (North & South areas
combined). Collector will provide residents with one (1) 64-gallon cart for solid waste and one (1) 64-gallon cart for
single stream recycling, or a smaller ( 36-gallon) cart or a larger (96-gallon) cart for solid waste if requested.
Residents requesting an additional cart(s) will be required to pay for each additional cart in accordance with the
adopted fee schedule. Cart costs will be provided for carts that will be owned by the County and maintained by the
Collector and for carts that will be owned by the Collector and maintained by the Collector.


RESI DENTI AL SERVI CE

Residential solid waste collection shall be provided between the hours of 6:00 a.m. and 8:00 p.m. Monday through
Friday.
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If cart-based collection is selected by the County, the Collector shall provide two (2) automated carts for each
residential unit one (1) for garbage and one (1) for recycling. Carts shall be distributed with educational materials to
all existing homes 45 days prior to the start of the Agreement as approved by the Director. The Collector shall
provide 36-gallon or 96-gallon carts for solid waste collection where the space, homeowner association rules,
customer preference, or physical restrictions require a cart other than the standard (default) 64-gallon cart. Collector
shall be required to remove reasonable overflow materials and advise the County of any abuse. Additional carts can
be ordered and an additional charge assessed as outlined in the Fee Schedule.

The Collector shall provide back door solid waste receptacle service from single-family residences for customers
who are physically disabled and unable, and have no other means, to place their receptacles at the collection point.
The customer shall provide the Collector with appropriate evidence that they are unable to place their receptacles at
the collection point. The type of evidence required shall be determined by the Director. Currently, the North
Service Area has approximately 74 back door customers and the South Service Area has approximately 100
back door customers.

Bulky items such as appliances, furniture, and items too large to fit into the carts shall be collected free of charge
on an on call basis within seventy-two (72) hours of notice by the customer or the Director to the Collector,
excluding Sundays and legal holidays.

Each household shall be entitled to dispose of up to four (4) automobile tires without rims per year.


COMMERCI AL SERVI CE

The Collector shall make commercial solid waste collections with a minimum of noise and disturbance and shall not
collect prior to the hour of 6:00 a.m. and collect no later than 8:00 p.m. Monday through Saturday. No collection
shall occur on Sundays or approved holidays unless in the case of an emergency. Collection may be permitted at
times not allowed by this paragraph, provided the Collector has received prior approval from the Director or his/her
designee.

Commercial solid waste collection shall be provided in the most efficient manner available (commercial container
or automated cart), as determined by the Collector.

No advertising shall be posted on the containers. The containers shall contain the companys name and customer
service information such as a phone number.


MULTI -FAMI LY SERVI CE

Multi-family garbage collection shall be provided to multi-family residential units in the most efficient manner
available using an automated wheeled cart system with Collector-provided carts or commercial FEL (front end
load) containers with twice weekly solid waste collection, once per week single-stream recycling collection, once
per week yard waste collection, and on call pickup of special collection bulk solid waste.

Multi-family garbage collection services utilizing commercial FEL (front end load) containers shall be provided no
earlier than 6:00 a.m. Monday through Saturday.

For providing multi-family collection service, the Collector shall be paid seventy-five percent (75%) of the single-
family collection service rate.

For providing condominium recreational vehicle (RV) collection service, the Collector shall be paid thirty-nine
percent (39%) of the single-family collection service rate.




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RECYCLI NG SERVI CE

A list of the materials that shall be included, at a minimum, in the residential recycling service are listed in Exhibit C.

If automated collection is selected by the County, the standard (default) recycling cart size will be a 64-gallon cart.
Recycling carts shall be blue in color, as selected by the County. If the option of the County owning the carts is
selected, Brevard Countys name and selected logo shall be placed on the cart along wi th a list of acceptable
recyclables permanently listed on the lid.

The Collector shall pay the County $25,000.00 per year per service area (North area & South area) to help fund the
Countys recycling activities.

The Collector shall pay the County for each ton of residential recyclables collected as specified in the Agreement.

The Collector shall provide, at no cost to the County, recycling services to the County facilities listed in Exhibit D.
The amount, location and frequency shall be designated by the Director or his/her designee. The Collector shall
provide all bins, carts, dumpsters, and roll-off containers necessary to provide these facilities recycling services at no
additional cost.


YARD WASTE SERVI CE

Yard waste collection shall be provided not less than one (1) time per week. There shall be no limit to the quantity
of yard waste that will be collected from each residence so long as the yard waste is prepared as follows: All
branches and fronds must be cut into lengths not exceeding four (4) feet in length, twelve (12) inches in diameter,
and fifty (50) pounds in weight and separated from all other solid waste. Grass clippings, leaves, and tree
trimmings shall be containerized in containers with handles appropriate for lifting and weighing fifty (50) pounds or
less which are acceptable to the Collector and approved by the Director.


GENERAL COLLECTI ON REQUI REMENTS


The Collectors equipment is to be maintained in a reasonably clean and safe working condition and be painted
uniformly according to standards maintained from time to time by the Director. Equipment shall contain the name of
the Collector, and the truck number printed in letters not less than three (3) inches high on each side of the vehicles. A
record shall be kept of the vehicle to which each number is assigned. No advertising shall be permitted on the
vehicles.

The Collector shall provide sufficient back up equipment, in proper operating condition, so regular schedules and
routes of collection can be maintained.

Each vehicle used for the collection of solid waste shall have a fully enclosed, metal top and shall be water tight to a
depth of not less than (12) inches and shall contain metal sides, and use pneumatic tires. However, the Director shall
have the authority to waive the requirement of a fully enclosed, metal top in the event of an emergency. As an
alternative to a fully enclosed metal top for use in yard waste collection, said vehicle may be equipped with a cover
which may be a net with mesh not greater than one and one-half (1-1/2) inches, or tarpaulin, and such cover shall be
kept in good mechanical order and used to cover the load in traveling, or when parked, if the contents are likely to be
scattered if not covered.

Vehicles shall not be overloaded so as to scatter solid waste, but when solid waste is scattered from a Collectors
vehicle for any reason, it shall be the responsibility of the Collector to immediately pick up such scattered solid waste.
Each truck shall be equipped at all times with a shovel and a broom for the collection of spilled refuse.

Vehicles shall be maintained in a clean, safe and sanitary matter. Equipment failure or malfunction of the vehicles
causing hydraulic leaks/spills on streets and roads shall result in the imposition of an incident charge.
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Vehicles are to be washed thoroughly on the inside and sanitized with a suitable disinfectant and deodorant at such
times as established by the Director and all vehicles are to be washed on the outside at least weekly.

The Collectors vehicles are not to interfere unduly with vehicular or pedestrian traffic and vehicles are not to be
left standing on streets and alleys unattended.


I NDEXED PRI CE ADJ USTMENTS

The relative price or market index to be used for CPI adjustments shall be based on the annual Consumer Price Index for All
Urban Consumers, South Region, All Items-1982-84=100 base as published by the Bureau of Labor Statistics, U.S.
Department of Labor) for the period for changes in which the CPI will be measured from April to April.


TRANSPORTATI ON OF SOLI D WASTE AND RECYCLABLE MATERI ALS

All garbage and yard waste collected shall be transported to a Brevard County designated facility. Curbside recyclable
materials shall be transported to an approved recycling facility and shall consist of, at a minimum, the following materials:



Newspaper

White & Mixed office paper

Corrugated cardboard containers

J unk Mail and other residential mixed paper

Paperboard cartons

Magazines/Phonebooks

Aluminum cans, foil, pie plates

Plastic bottles, coded (#1-7)

Glass bottles (green, blue, clear or amber)

Steel/tin cans, empty aerosol cans


Additional materials may be added with the approval of the Director.



PROPOSAL FORMAT

PROPOSAL FORMAT
Interested firms who would like to be considered for this project should submit a Proposal accompanied by pertinent
information relating to the companys experience, qualifications, personnel, availability, and capability to provide and perform
all of the professional services necessary to complete this project in an effective and timely manner. The firms Proposal shall
include:


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SOLI D WASTE & RECYCLE COLLECTI ON SERVI CES
RFP P-4-12-23

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Tab 1. Letter of I ntroduction and Executive Summary
Containing a summary of Proposers ability to perform the services described in the RFP and confirming that Proposer is
willing to perform these services and enter into an Agreement with the County. This letter must provide the names, title, phone,
fax and email address for the person authorized to provide technical clarification regarding the proposal. This letter must be
signed by an officer authorized to contractually obligate the submitting firm.

Tab 2. Table of Contents
The table of contents should outline in sequential order the major areas of the proposal.
Tab 3: Qualifications and Experience
Proposer should clearly and succinctly demonstrate its qualifications and experience to provide the services requested in this
RFP. This section of the proposal should be no more than twenty (20) numbered pages and, at a minimum, should include the
following information.
Firm background and experience: Proposer should provide a brief description of the firms background and
history, including the number of years in business, size, range of activities, strength, stability, awards, and other
recognition. Proposer should describe its past and ongoing experience providing services of a similar nature to
those requested herein. The service descriptions should include the dates such services were provided, the
number and types of customers, the type of service (manual or automated), and other relevant information.
Service transition history: Proposer should explain its experience with transitioning into providing collection
service, supplanting another provider.
Staff experience: Proposer should identify the primary contact person and professional and supervisory personnel
who would work on the project. Resumes of each person should be provided with emphasis on their experience
with similar projects.
Satisfactory past performance: Proposer should document its satisfactory past performance by providing a
description of all criminal, civil, or administrative actions; losses of service contracts; performance bond claims;
or imposed liquidated damages of $10,000 or more per contract per contract year during the last five (5) years.
For each such occurrence, the Proposer shall provide the name of the claim, arbitration, litigation, or action; name
of the claimant; date of alleged occurrence; amount at issue, if applicable; alleged charges, if applicable; and
disposition of the claim, arbitration, litigation, or action. If there are no such actions, the Proposer shall so state.
Tab 4: Project Approach
Proposer should clearly and succinctly describe how it will perform the services requested in this RFP. The County is looking
for proposals that maintain a high level of customer service while maximizing recycling, efficiency and cost-effectiveness. This
section of the proposal should be no more than twenty (20) numbered pages, excluding any financial statements, and, at a
minimum, should include the following information.
Collection services: Proposer should explain how it plans to provide residential collection services under each of
the service options (manual and automated). At a minimum, proposers should provide a list of the types (make
and model), number, and age of vehicles that would be used to provide collection services; number of collection
and customer service staff; explanation of proposed routes and schedules; and how materials would be handled
following collection.
Organization: Proposer should include a project organization chart indicating titles and total number of personnel
devoted to work conducted pursuant to the Agreement. Proposer should identify any subcontractors it intends to
employ and describe the specific work that would be performed by each subcontractor.
Transition plan: Proposer should explain how it would transition into providing these services.
Program promotion: Proposer should describe any additional activities it would undertake to encourage
recycling.
Financial capability: Proposer should document that it has the financial capability to provide the equipment and
resources needed to satisfactorily conduct the services requested in this RFP. Proposer should demonstrate that it
has available cash or uncommitted line/letter of credit capacity or other identifiable resources for procurement of
equipment, facilities, and other initial material and staffing needs for this project.

Tab 5: Price Form
Proposer must complete the entire Price Form provided in this RFP. The final selection of which residential service option to
implement will be a policy decision made by the County, and in its sole discretion, and might not be based solely on price.

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In addition to providing pricing for collection services, proposers must also bid revenue for residential recyclables in
accordance with the formula on page 24 of the Price Form.


Tab 6. Required Proposal Forms:
Signed/Notarized Request For Proposals
Signed Acknowledgement of Evaluation Criteria
Reference Form: The contact person listed for each reference shall be someone who has personal knowledge of the
Proposers performance for the types of services required in this RFP.

PRI CE SHEET

See attached Pricing Forms.

Does your company accept payment via ACH? _____Yes / _____No

PROMPT PAYMENT DI SCOUNT
Brevard County shall remit payment in accordance with the Florida Prompt Payment Act, Florida Statutes section 218.70.
Bidders may offer cash discounts for prompt payment but they will not be considered in determination of award. If a bidder
offers a discount, it is understood that the discount time will be from the date of satisfactory delivery, at the place of
acceptance, and receipt of correct invoice, at the office specified, whichever occurs last.

* If Prompt Payment Discount is offered please state discount and terms:

__________________________________


ADDENDUM ACKNOWLEDGMENT:

Add. No.________ Dated_______________ / Add. No.________ Dated_______________

Add. No.________ Dated_______________ / Add. No.________ Dated_______________
______________________________________________________________________________
I hereby acknowledge that I have read, understand, and agree to all terms, conditions, insurance, scope of work, specifications
and pricing for Proposal #P-4-12-23/Solid Waste & Recycle Collection Services.

VENDOR NAME________________________________________________________________
ADDRESS_____________________________________________________________________
AUTHORIZED SIGNATURE_______________________________________________________
PRINTED SIGNATURE_________________________________DATE_____________________
TELEPHONE #__________________________________FAX #__________________________
EMAIL:________________________________________________________________________
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EVALUATI ON AND SELECTI ON PROCESS

Evaluation of proposals will be conducted by a Selection Committee comprised of qualified County staff and one (1) citizen
from the North Service Area & one (1) citizen from the South Service Area. The committee will evaluate, score and rank all
responsive proposals based upon the information and references contained in the proposals submitted. Once each member of
the Selection Committee has rated each proposal and completed a rating sheet, a composite is developed which indicates the
Committees collective ranking of proposals in a descending order. Based on the response to this RFP, the Selection
Committee will select and/or recommend to the BOCC a firm(s) qualified to provide to the County the services required under
this RFP.
The following criteria will be used for evaluating Proposals for Brevard County and will be based on certain objective and
subjective considerations as listed below:



Price .up to 50 points
Project Approach up to 25 points
Qualifications and experience ..up to 25 points
Maximum points .100 points



Award of this service contract will be based on the evaluation criteria stated above.




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SAMPLE

RANKI NG SHEET NO. 1

Firm: ________________________________________________________________________________

SCORI NG GUI DELI NES

25 Point 50 Point
Question Question

Outstanding 21-25 41-50
Exceeds Acceptable 16-20 31-40
Acceptable 11-15 21-30
Marginal 1-10 1-20

Maximum Points Score

1. Overall Pricing:
50 _____
Individual rates. Are pricing forms filled out completely?

2. Evaluation of firms Project Approach: 25 _____

Does the proposer use an industry standard methodology? Do the proposed
services maintain efficiency and are they cost effective for the County?
Are the proposed services clearly described?

3. Qualifications, Experience and References: 25 _____

Consider current and previous experience and references listed in the proposal.
Is the proposer experienced in providing the requested services? Does the proposer
have previous past or ongoing experience and qualifications providing
services of a similar nature?


The County reserves the right to check other references from clients beyond those submitted.
Confidential clients shall not be included. Information on each client shall include the
following (One page per project, maximum):

Project Title
Client Name and Address
Current Contact and Phone Number
Location of Project
Brief Description of Project

.

TOTAL POI NTS ______

RANKI NG ______




Ranked By: _______________________________________________ Date: __________

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BREVARD COUNTY BOARD OF COUNTY COMMI SSI ONERS
I NDEMNI FI CATI ON AND I NSURANCE REQUI REMENTS

INDEMNIFICATION
The County shall be held harmless against any and all claims for bodily injury, sickness, disease, death, personal injury,
damage to property or loss of use of any property or assets resulting therefrom, arising out of or resulting from the performance
of the products or from the services for which the County is contracting hereunder, provided such is caused in whole or in part
by any negligent act or omission of the vendor, or any subcontractor or any of their agents or employees, or arises from a job-
related injury.

The vendor agrees to indemnify the County and pay the cost of the Countys legal defenses, including fees of attorneys as may
be selected by the County, for all claims described in the hold harmless clause herein. Such payment on behalf of the County
shall be in addition to any and all other legal remedies available to the County and shall not be considered to be the Countys
exclusive remedy.

It is agreed by the parties hereto that specific consideration has been received by the Vendor under this agreement for this hold
harmless/indemnification provision.

INSURANCE REQUIREMENTS
The vendor providing services under this agreement will be required to procure and maintain, at their own expense and without
cost to the County, until final acceptance by the County of all products or services covered by the purchase order or contract,
the following types of insurance. The policy limits required are to be considered minimum amounts:

General Liability Insurance policy with a $ 1,000,000 combined single limit for each occurrence to include the following
coverage: Operations, Products and Completed Operations, Personal Injury, Contractual Liability covering this contract,
X-C-U hazards, and Errors & Omissions.

Auto Liability Insurance which includes coverage for all owned, non-owned and rented vehicles with a $ 1,000,000
combined single limit for each occurrence.

Workers Compensation and Employers Liability Insurance covering all employees of the vendor and subcontractors, as
required by law.

In the event that the contract involves professional or consulting services, in addition to the aforementioned insurance
requirements, the vendor shall also be protected by a Professional Liability Insurance Policy in the amount of $1,000,000
per claim.

In the event the contract involves services related to building construction projects the vendor shall also procure and
maintain a Builders Risk Insurance Policy with loss limits equal to the value of the construction project.

In addition to the above, Specialty Insurance policies covering specific risks of loss (including but not limited to, for
example; Longshore coverage, Crane and Rigging, Inland Marine, etc.) may be required by Brevard County Insurance and
Risk Management. Any additional specialty insurance coverage requirement will be dictated by the specific goods,
products or services provided under the subject contract and insurance underwriting standards, practices, procedures or
products available in the commercial insurance market at the time of the contract inception. The Vendor is required to
procure and maintain all such specialty coverage in accordance with prudent business practices within the Vendors
industry.

The vendor shall have five (5) days to provide certificates of insurance to the County demonstrating that the aforementioned
insurance requirements have been met prior to the commencement of work under this contract. The certificates of insurance
shall indicate that the policies have been endorsed to cover the County as an additional insured (a waiver of subrogation in lieu
of additional insured status on the workers compensation policy is acceptable) and that these policies may not be canceled or
modified without thirty (30) days prior written notice to the County.
The insurance coverage enumerated above constitutes the minimum requirements and shall in no way lessen or limit the
liability of the vendor under the terms of the contract. Sub-Contractors insurance shall be the responsibility of the vendor.

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SOLID WASTE COLLECTION AGREEMENT
1

EXHIBIT A
THIS AGREEMENT made and entered into this day of __________________, 20____ by and
between the BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, hereinafter referred to
as the COUNTY", and _____________________, hereinafter referred to as the COLLECTOR.

WHEREAS, pursuant Sections 125.01 and 403.706, Florida Statutes, Chs., 67-1145 and 70-594, Laws of
Florida, and Ch. 94, Code of Ordinances of Brevard County, Florida, the COUNTY is authorized to operate a solid
waste management program within its boundaries and enter into agreements to provide for the collection of solid
waste; and

WHEREAS, the Board of County Commissioners of Brevard County desires the continued collection of
solid waste within the unincorporated areas of Brevard County to serve and protect the public health, safety and
welfare; and

WHEREAS, the COUNTY and COLLECTOR have agreed to provide for implementation of the solid waste
collection program pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the premises and mutual promises and conditions contained
herein, it is mutually agreed between the parties as follows:

SECTION 1. DEFINITIONS.

For the purpose of this Agreement, the following terms, phrases, words, and their derivations shall have the
meaning given herein. When not inconsistent with the context, words used in the present tense include the future,
words in the plural number include the singular number, and words in the singular number include the plural
number. The word shall is always mandatory and not merely directory.

A. AUTOMATED CART: The term automated cart or cart refers to a 36, 64, or 96-gallon durable
plastic container with a lid, wheels and handles made with recycled content for automated garbage and recycling
collection services. The carts shall be uniform in color, contain instructions for use and have the COUNTY logo, as
approved by the Director, on the containers. The garbage carts shall be green in color and the recycling carts
shall be blue in color as selected by the Director.

B. AUTOMATED CART PROGRAM: The term automated cart program refers to the program
where the COLLECTOR shall provide fully assembled automated carts for solid waste and recycling collection.

C. BENEFIT UNIT: The term benefit unit refers to the Brevard County Solid Waste Municipal
Service Benefit Unit, as described in Section 94-31, Code of Ordinances of Brevard County, Florida, as amended.

D. BOARD: The term Board shall refer to the Board of County Commissioners of Brevard County,
Florida.

E. BULK COMMERCIAL UNIT: All commercial, non-residential units receiving solid waste collection
service at an accessible, centralized location or utilizing a commercial container.

F. BULK MULTI-FAMILY RESIDENCE: All trailers, trailer parks and any building or buildings
containing more than one (1) permanent living unit or more than one (1) trailer and receiving solid waste collection
service at an accessible, centralized location or utilizing a commercial container.

1
Draft agreement may include description of services that are not ultimately selected in the RFP process. The agreement will
be updated after service options are selected.

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G. COLLECTION AREA or SERVICE AREA: Those areas within the subject benefit unit where the
schedule of rates, charges and fees established in Exhibit A of this Agreement are applicable, it being the intent to
include in such area, those areas being serviced on the collection routes in existence as of the effective date of this
Agreement. This area will periodically change when areas are annexed into municipalities.

H. COLLECTION CATEGORIES: A general, inclusive term that includes the specific terms single-
family residence, individual multi-family residence, individual commercial unit, bulk multi-family residence and
bulk commercial unit.

I. COMMERCIAL CONTAINER: A receptacle for containing solid waste designed for mechanical
pickup and provided by the COLLECTOR for use by the customer.

J . COMPACTOR BOXES: Any mechanical compacting container used to compact commercial and
residential waste.

K. CONSTRUCTION AND DEMOLITION DEBRIS: Non-hazardous material generally considered
not to be water soluble, including, but not limited to steel, concrete, glass, brick, asphalt roofing material, or lumber
from a construction or demolition project including trees and vegetation from land clearing for a construction project.
Contamination of construction and demolition debris with any amount of other types of solid waste will cause it to
be classified as other than construction and demolition debris.

L. CONSUMER PRICE INDEX (CPI): A measure of the average change over time in the prices
paid by urban consumers for a market basket of consumer goods and services, 1982-1984 equals 100, as
published monthly by the U.S. Department of Labor, Bureau of Labor Statistics.

M. CURBSIDE RECYCLING: The collection of recyclable materials from single-family residences,
individual multi-family residences, individual commercial units, bulk multi-family residences and bulk commercial
units at curbside or at the designated collection point for recyclable materials.

N. CUSTOMER: Means any person owning improved residential real property within that portion of
the benefit unit that is within the COLLECTORS service area, except for persons obtaining exemptions, and all
other persons subscribing to solid waste collection service provided by the COLLECTOR under the terms of a
collection agreement.

O. DIRECTOR: The term Director means the Director of the Solid Waste Management
Department of Brevard County, appointed by the County Manager with the consent of the Board of County
Commissioners, or duly authorized designee.

P. ELECTRONICS: The term Electronics means computer equipment including CPU, monitor, TV,
keyboard, printer, mouse, power supply, external drive, scanner, printer, fax machine, stereo, radio, VCR, tape
backup drive, etc.

Q. GARBAGE: The term garbage shall mean every refuse accumulation or deposit of animal, fruit
or vegetable matter that attends the manufacture, preparation, use, cooking and dealing in, or storage of edibles,
and any other matter, of any nature whatsoever, which is subject to decay, putrefaction and the generation of
noxious or offensive gasses or odors, or which, during or after decay, may serve as breeding or feeding material for
flies or other germ-carrying insects, or any container of the material defined herein.

R. GARBAGE RECEPTACLE: The term garbage receptacle shall mean a galvanized metal,
durable plastic, or other suitable impervious material container commonly sold as a garbage can, including wheeled
containers, of not greater than 32 gallon or less than 5 gallon capacity which shall be free of jagged or sharp edges
and shall be watertight and equipped with two (2) handles upon the side or bail by which it may be lifted, and
provided with a tight fitting watertight cover suitable to protect the contents from flies, insects, rats and other
animals, and which shall not have any inside structures, such as inside bands or reinforcing angles or anything
within that would prevent the free discharge of the contents. Such receptacle may include a waterproof bag of a
material and construction that can be safely and securely closed. Such waterproof bag shall be of adequate
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strength to hold the contents when the bag is lifted and of a type and size acceptable to the COLLECTOR and
approved by the Director.

S. YARD WASTE: The term yard waste shall mean any vegetative matter generated from
improved real property such as leaves, grass, pine needles, or shrubbery cuttings resulting from the care of lawns
or landscape maintenance. Such term does not include large quantities of sod, dirt and trash from land clearing or
other materials requiring special handling.

T. HAZARDOUS WASTE: The term hazardous waste shall mean a solid waste identified by the
Florida Department of Environmental Regulation as a hazardous waste in Florida Statute F.S. 403.703(21)(1995)
and the Florida Administrative Rule 17-30 as amended. This includes any solid waste which is ignitable, corrosive,
reactive, infectious or toxic, and which poses a substantial or potential hazardous to human health and safety, or to
the environment when improperly managed.

U. IMPROVED REAL PROPERTY: The term improved real property refers to all real property
located in the unincorporated areas of Brevard County that generates or is capable of generating solid waste; and,
that contains buildings, structures or other improvements designed or constructed for and capable of use or used
for human inhabitation or human activity or commercial enterprise. Real property becomes improved real
property following the initial connection of permanent electric utility service or whenever the first solid waste is
generated.

V. INDIVIDUAL COMMERCIAL UNIT: Any commercial, non-residential unit receiving solid waste
collection service from said commercial unit in a normal volume not in excess of an amount capable of being placed
in three (3) thirty-two gallon garbage receptacles twice a week.

W. INDIVIDUAL MULTI-FAMILY RESIDENCE: Any building containing more than one (1)
permanent living unit and receiving solid waste collection service from each unit and all trailers located within trailer
parks receiving solid waste collection service from each individual trailer.

X. INDUSTRIAL WASTES: The term industrial wastes shall mean the waste products of
canneries, slaughterhouses or packing plants, scallop or other seafood processors, condemned food products;
agricultural waste products, and other solid waste products generated from industrial processing or manufacturing
of a like or similar nature to those enumerated above which because of their volume or nature do not lend
themselves to collection and incineration commingled with ordinary garbage and trash or which because of their
nature and surrounding circumstances should be for reasons of safety or health disposed of more often than the
COUNTY collection service schedule provided for in this Agreement.

Y. J UNK: Any tangible item such as furniture, appliances, bicycles, (excluding, for the purposes of
this Agreement; motor vehicles, derelict vessels, and their parts, except up to four tires with or without rims will be
picked up) or similar property not having a useful purpose to the owner or abandoned by the owner and not
included within the definitions of garbage, yard waste, industrial wastes or rubbish.

Z. PARKWAY: The term parkway is defined as that portion of the street right-of-way paralleling
any public thoroughfare between the curb line or paving line and the abutting property line.

AA. PARTICIPATION RATE: The total number of residences that place any recyclable materials at
the curb for the COLLECTOR to pick up during a four (4) week period divided by the total number of residences
having the opportunity to place recyclable materials at the curb. A four (4) week period is considered to a one (1)
month period for the purpose of calculating participation rates.

BB. PERSON: The term person shall mean an individual, firm, partnership, corporation,
association, executor, administrator, trustee or other legal entity, whether singular or plural, masculine or feminine,
as the context may require.

CC. RECYCLABLE MATERIAL: Any material which can be recovered from the solid waste stream and
reused in manufacturing, agriculture, power production or other processes and which, for the purpose of this
Agreement, include at a minimum the items listed in Exhibit B.
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DD. RECYCLING CONTAINER: A portable plastic container or bin approved by the COUNTY used
for storing and collecting recyclable materials in the home and identifying the recyclable materials at the curb.

EE. RECYCLING PROGRAM: The program designated by the Board for meeting the solid waste
reduction goals as mandated by the Solid Waste Management Act of 1988 and any subsequent amendments
thereto.

FF. RESIDENTIAL IMPROVED REAL PROPERTY: The term residential improved real property
shall mean all improved real property used for either a multi-family residence or a single-family residence.

GG. ROLL-OFF CONTAINER: Any container used for the collection and storage of construction and
demolition debris that can be picked up and transported on a specially equipped truck to the disposal site.

HH. RUBBISH: The term rubbish shall mean refuse, accumulation of paper, excelsior, rags or
wooden or paper boxes or containers, sweepings; and all other accumulations of a nature other than garbage,
which are usual to housekeeping and to the operation of stores, offices and other business places, also any bottles,
cans or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or
other water-breeding insects.

II. SET-OUT RATE: The total number of residences placing recyclable materials at the designated
collection point on a given collection day divided by the total number of residences having the opportunity to place
recyclable materials at the curb.

J J . SINGLE-FAMILY RESIDENCE: Any building or structure designed or constructed for and
capable of use as a residence for one family regardless of the type of structure. Such term includes a mobile home
or trailer that is erected on a separate parcel of property and not included within the definition of a commercial
trailer park.

KK. SOLID WASTE: The term solid waste means dewatered sludge from a waste treatment works,
water supply treatment plant, or air pollution control facility or garbage, rubbish, refuse, or other discarded material,
including solid waste material resulting from domestic, industrial, commercial, mining, agricultural, or governmental
operations. Materials not regulated as solid wastes pursuant to Florida Administrative Rule 17-7 as amended are:
nuclear source or by-product materials regulated under Chapter 404 F.S. or under the Federal Atomic Energy Act
of 1954 as amended; suspended or dissolved materials in domestic sewage effluent or irrigation return flows, or
other regulated point source discharges; regulated air emissions; fluids or waste associated with natural gas or
crude oil exploration or production. Solid waste does not include scrap, or new or used material, separated at the
point of generation and held for purposes of recycling subject to state and local public health and safety laws.

LL. SOLID WASTE FACILITY: The term solid waste facility shall mean and include the buildings,
land, location and equipment constructed and maintained by the Board for the disposal of solid waste within the
County.

MM. SPECIAL COLLECTION SOLID WASTE: The term special collection solid waste shall include
the following types of solid waste for the following types of designated customer categories:
a) Single-family residence and individual multi-family residence: Any type of solid waste not
reasonably capable of being placed in an automated collection cart or any item not reasonably capable of
being reduced in size not exceeding four (4) feet in length and twenty-four (24) inches in diameter and fifty
(50) pounds in weight. This includes normal household furnishings, appliances and other bulk items.

b) Individual commercial unit: Any type of solid waste not reasonably capable of being placed in an
automated collection cart.

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c) Bulk commercial unit and bulk multi-family residence: Any type of solid waste not reasonably
capable of being placed in a commercial container, or any pickup of a commercial container on a frequency
in excess of that normally established for the customer or any solid waste placed in garbage receptacles or
automated carts at a centralized location not in conformity with the requirements specified above for a
single-family residence.

SECTION 2. AREA AND TERM.

1. The COLLECTOR shall have the sole and exclusive right and duty to collect all solid waste as
provided under the terms and provisions of this Agreement within the service area described in the Benefit Unit.

2. Subject to the termination provisions contained in SECTION 10 of this Agreement, the term of this
Agreement shall be a seven-year contract with an effective date of October 1, 2013, and an end date of September
30, 2020, with the option to extend the Agreement for one (1) additional 3-year term upon mutual agreement of
both parties unless notification is given in writing to the COLLECTOR at least six (6) months in advance of the
Agreements termination date.

3. The COLLECTOR shall have exclusive right to provide roll-off boxes for materials generated in the
construction of buildings and structures or the clearing of land and preparation of sites for construction within the
collection area as defined in this Agreement, unless otherwise authorized by the COUNTY.

4. Despite the language of sub-sections A and C of this section of this Agreement to the contrary, it
is hereby acknowledged by the COLLECTOR, that the COUNTY shall have the right to permit persons to haul solid
waste generated only on the applicable property owned or occupied by the person, to the solid waste facilities
maintained and operated by the COUNTY.

SECTION 3. DUTY OF THE COLLECTOR.

A. SOLID WASTE

1. With the exception of the solid waste defined as special collection solid waste, the COLLECTOR shall pick
up and deliver to a County designated solid waste disposal facility all garbage, rubbish and yard waste placed by a
customer at the collection point set fourth in SECTION 6 hereof, from each single-family residence, individual multi-
family residence and individual commercial unit within the subject collection area not less than two (2) times per
week with collections at least three (3) days apart. It is intended that all such solid waste be picked up and
delivered to the disposal site each collection day.

2. The COLLECTOR shall be responsible for the purchase and distribution of automated carts as well
as the repair of carts that have been damaged. The COLLECTOR shall distribute two (2) 64-gallon carts to each
residential unit. Carts will be distributed pursuant to a schedule mutually agreed upon by the COUNTY and the
COLLECTOR. The COLLECTOR shall maintain, at all times, a sufficient number of carts to ensure that extra or
replacement carts can be provided within five (5) working days upon notification by the resident or the COUNTY.
COLLECTOR shall distribute fully assembled automated carts to new single-family and multi-family residential units
added during the term of this Agreement. Carts that have been lost or damaged due to customer abuse or
negligence shall be repaired or replaced at the expense of the customer utilizing the replacement cost of the cart.
Carts that have been lost or damaged by the COLLECTORS actions shall be repaired or replaced at the
COLLECTORs expense. Customers desiring a smaller or larger cart other than the default size 64-gallon cart can
request a cart change during the sixty (60) day period after the initial delivery of the carts. Requests for additional
cart change sizes can be made one (1) time per year after the 60 day initial delivery period. The second request for
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a cart size change will incur a charge of $________. Customers wishing to have more than two (2) containers may
RENT additional carts for a fee of $________ per month.

3. The COLLECTOR shall pick up and deliver to a solid waste disposal facility all garbage and rubbish
generated by a customer, from a bulk multi-family residence and a bulk commercial unit and placed in a
commercial container located at the designated collection point or in carts placed at a centralized location. The size
and type of a commercial container, including compactor boxes, and the frequency of collection for each residence
or unit shall be established by the COLLECTOR in consultation with the customer and shall be subject to approval
by the Director in the event of a dispute. Provided, however, that the frequency of collection shall not be less than
two (2) times per week with collections at least three (3) days apart.

4. The COLLECTOR shall pick up and deliver to the solid waste disposal facility special collection
solid waste generated from a single-family residence, individual multi-family residence and bulk multi-family
residence of a customer and placed at the applicable collection point within seventy-two (72) hours of notice by the
customer or the Director to the COLLECTOR, excluding Sundays and legal holidays.

5. The COLLECTOR shall pick up and deliver to the solid waste disposal facility all special collection solid
waste generated from an individual commercial unit and a bulk commercial unit placed at the applicable collection
point within seventy-two (72) hours of notice by the customer or the Director to the COLLECTOR, excluding
Sundays and legal holidays.

The Countys Solid Waste Disposal Facilities include:

a) Central Disposal Facility (CDF), 2250 Adamson Road, Cocoa, FL
b) Mockingbird Way Mulching Facility, 3600 South Street, Titusville, FL
c) Titusville Transfer Station, 4366 South Street, Titusville, FL
d) Sarno Road Transfer Station & Landfill, 3379 Sarno Road, Melbourne, FL
Additional facilities may be added or deleted at the discretion of the Director.

6. Rates for the collection of individual commercial and bulk commercial special collection solid waste
shall be negotiated between the customer and the COLLECTOR.

7. The COLLECTOR shall be prepared to provide all commercial containers required for the collection
of solid waste within the service area and shall maintain such containers in a clean and operable condition including
an acceptable appearance according to standards maintained from time to time by the Director. The COLLECTOR
shall provide at a minimum, containers of two (2), three (3), four (4), six (6) and eight (8) cubic yards for use as
commercial containers.

8. The COLLECTOR shall pick up and deliver to a solid waste disposal facility without charge to the
COUNTY, all solid waste contained in up to twenty (20) garbage receptacles, placed by the COUNTY at roadsides
within the subject collection area at least two (2) times per week, or more often if necessary to insure sanitary
conditions. The COUNTY shall provide the COLLECTOR, in writing, with the location of said garbage receptacles.
The COUNTY reserves the right to increase said number of garbage receptacles by twenty percent (20%) without
charge. The COUNTY shall have the right to use either the regular commercial type trash cans with covers or fifty-
five (55) gallon cans, or both, for use by the public.

B. RECYCLING

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1. COLLECTOR is hereby granted an exclusive franchise to perform curbside recycling collection
services for residentially zoned property within the service area.

2. The COLLECTOR shall develop, with COUNTY approval, practical procedures and a collection
schedule for the inclusion of all multi-family residences in the recycling program. Further, the COLLECTOR shall
assist the COUNTY as the COUNTY develops a Commercial Recycling Program, for commercial establishments
and businesses.

3. The Commercial Recycling Program shall not be exclusive to the COLLECTOR. Sections 403.7046
and 403.713, Florida Statutes, prohibit local governments from restricting the flow of recovered materials for
recycling. The collection, transport, and disposal of certain recovered materials for recycling from commercial
establishments and businesses shall be an open market and non-exclusive to the COLLECTOR.

4. At no cost to the COUNTY, the COLLECTOR shall provide recycling services to the COUNTY
facilities specified in Exhibit B in the amount, location and frequency designated by the Director or designee.
COLLECTOR shall provide all bins, carts, dumpsters, and roll-off containers necessary to provide these facilities
recycling services at no additional cost.

5. The provision of roll-off or container service for commercial recycling or residential or commercial
renovation/demolition within the service area is not an exclusive service. COLLECTOR will provide this service on
request.

6. The COLLECTOR shall pick up all recyclable materials placed at the curb or at the designated
collection point from each single-family residence, individual multi-family residence, bulk multi-family residence,
individual commercial unit and bulk commercial unit within the service area, not less than one (1) time per week
and with said collection occurring Monday through Friday.

7. The COLLECTOR shall pick up all recyclable materials placed at the curb or designated collection
point, and shall process and broker the recyclable materials on behalf of the COUNTY. The COUNTY shall be the
owner of the recyclable materials. The buyer of said recyclable materials, and any sales or purchase agreements
between the COLLECTOR and said buyer, must be approved by the COUNTY. The COUNTY shall have the
option of electing to competitively select buyers for the recyclable materials. The COLLECTOR shall deliver and
sell the recyclable materials to the buyer selected by the COUNTY.

C. YARD WASTE

1. The COLLECTOR shall pickup all properly prepared yard waste placed at the curb or at the
designated collection point from each single-family residence, individual multiple-family residence and bulk multi-
family residence, not less than one (1) time per week.

2. The COLLECTOR shall pick up all properly prepared yard waste placed on those road medians or
common areas of subdivisions, apartments, townhouses or other multi-family units prescribed by the Director, in
consultation with the COLLECTOR, not less than one (l) time per week. The schedule for pick up shall be the
same as for other residences in the collection area.

3. The COLLECTOR shall not be required to furnish collection services on the following specified
holidays: Memorial Day, Fourth of J uly, Veterans Day, Thanksgiving Day and Christmas Day. There will be no
make-up days. The COLLECTOR shall notify all customers whose normal collection day falls upon such holidays
that no collection service will be provided on such day and the date of the next normal collection day at least ten
(10) days and not more than thirty (30) days prior to said holiday. Said notice shall be in the form of an
advertisement in a newspaper of general circulation published within the County.

4. In the event a recyclable materials or yard waste collection is normally scheduled on a day of the
week upon which Christmas and New Years Day occurs, COLLECTOR shall arrange for a New Years Day
collection of such materials.

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5. The COLLECTOR shall send letters to customers within the subject collection area of the applicable
schedule of collection at least ten (10) days prior to an alteration in said schedule.


6. The COLLECTOR shall be required, at the COUNTYs discretion, to provide each customer with a
condensed version of the rules and regulations for residential solid waste, yard waste, recycling and other special
services within 45 days of start of contract and for all new services added after start of contract. Said condensed
version shall outline the obligations of the customer and COLLECTOR according to the terms of the contract and
shall be approved by the Director or his/her designee before distribution to the customer. The COLLECTOR shall
supply the Solid Waste Department with hard copies and an electronic condensed version for inclusion on the
COUNTY website.


7. The COUNTY may occasionally require the COLLECTOR to pick up garbage or debris left in the right-of-
way or on County property that is not billable to a private account.


8. The COLLECTOR will not be required to collect materials that are in violation of this Agreement.


9. The COLLECTOR shall establish a landfill gate account with the Countys Solid Waste Department. The
gate account will include a security deposit as established by the Brevard County Solid Waste Departments
Finance section.


SECTION 4. STANDARDS OF COLLECTION AND OPERATION.


1. Upon award, the COUNTY shall verify residential service units prior to initial collection by April 1, 2013.
The COLLECTOR shall be required to submit a transition plan to the Director by May 15, 2013. Such plan shall
include as a minimum purchase schedules for new cart(s) and bin(s) (if applicable), information on distribution,
routing, collection and equipment to be dedicated to the contract.


2. The COLLECTOR shall provide sufficient equipment to maintain regular schedules of collection for the
prompt and efficient performance his duties under this Agreement. The COLLECTOR shall provide to the Director,
prior to the start of work under this Agreement, an inventory showing each type of vehicle (category, capacity,
approximate age) used for performing work under this Agreement. The Director shall have the authority to inspect
the vehicles on such inventory list and reject a given vehicle for health or safety reasons and require a suitable
replacement.

The COLLECTOR shall describe on an attachment to the required inventory the service yards or contracts
to be used in maintaining vehicles and equipment. The COLLECTOR may change equipment from time to time
and shall revise the inventory and the attachments thereto, accordingly; however, in no event shall the number of
vehicles be less than the number of vehicles shown on the inventory provided prior to start of work under this
Agreement. The COLLECTOR shall maintain a vehicular fleet during the performance of work under this
Agreement at least equal to that described in the inventory.


3. The COUNTY reserves the right to deny the COLLECTORs vehicles access to certain streets, alleys
and public ways in unincorporated Brevard County where it is in the interest of the general public to do so
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because of the condition of streets. The COLLECTOR shall not interrupt the regular schedule and quality of
service because of street closures. The COLLECTOR shall promptly notify affected customer(s) of any deviation
of the normal collection schedule caused by a temporary disruption such as closed roads, police blockade or
other event causing service to be missed and made up in an alternate place or day with the Directors approval.

4. Any and all route and schedule changes are subject to approval by the Director whose decision
shall be final. Upon approval of the Director, the COLLECTOR shall notify each affected resident at least
fourteen (14) days prior to the effective date of the change and the COLLECTOR shall publish a notice in the
Florida Today newspaper at least ten (10) days prior to the effective date of such route or schedule change. The
cost of the publication shall be borne solely by the COLLECTOR.


5. The COLLECTOR shall give notice to the Director as to any material changes that might affect the
performance of work under this Agreement immediately after becoming aware of the same and shall make suitable
remedial arrangement when needed.

6. Equipment is to be maintained in a reasonably clean and safe working condition and be painted
uniformly subject to the approval of the Director. Equipment shall contain the name of the COLLECTOR, and the
truck number printed in letters not less than three (3) inches high on each side of the vehicles. A record shall be
kept of the vehicle to which each number is assigned. No advertising shall be permitted on the vehicles.

7. The COLLECTOR shall provide sufficient back up equipment, in proper operating condition, so
regular schedules and routes of collection can be maintained.

8. Each vehicle used for the collection of solid waste shall have a fully enclosed, metal top and shall
be water tight to a depth of not less than (12) inches and shall contain metal sides, and use pneumatic tires.
However, the Director shall have the authority to waive the requirement of a fully enclosed, metal top in the event of
an emergency. As an alternative to a fully enclosed metal top for use in yard waste collection, said vehicle may be
equipped with a cover which may be a net with mesh not greater than one and one-half (1-1/2) inches, or tarpaulin,
and such cover shall be kept in good mechanical order and used to cover the load in traveling, or when parked, if
the contents are likely to be scattered if not covered.

9. Vehicles shall not be overloaded so as to scatter solid waste, but when solid waste is scattered
from a COLLECTORS vehicle for any reason, it shall be the responsibility of the COLLECTOR to immediately pick
up such scattered solid waste. Each truck shall be equipped at all times with a shovel and a broom for the
collection of spilled refuse.

10. Vehicles shall be maintained in a clean, safe and sanitary matter. Equipment failure or malfunction
of the vehicles causing hydraulic leaks/spills on streets and roads shall result in the imposition of an incident
charge.

11. Vehicles are to be washed thoroughly on the inside and sanitized with a suitable disinfectant and
deodorant at such times as established by the Director and all vehicles are to be washed on the outside at least
weekly.

12. Commercial containers furnished by the COLLECTOR to the customer shall be approved by the
Director and shall have lettering not less than one and one-half (1 ) inches high indicating the identification of the
COLLECTOR and following words: Keep Lids Closed. The COLLECTOR shall close the lids on commercial
containers upon removal of solid waste.

13. Commercial solid waste collection shall be provided in the most efficient manner available
(commercial container or automated cart), as determined by the COLLECTOR. The COLLECTOR shall make
collections with a minimum of noise and disturbance.
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14. No advertising shall be posted on the containers or cart. The containers shall contain the
companys name and customer service information, such as a phone number.

15. Rates and charges for commercial containers, roll offs and compactors are listed on Exhibit A.

A. RECYCLING

1. The COLLECTOR shall furnish one (1) automated 64-gallon recycling cart at the COLLECTORS
expense to each single-family residence and individual multi-family residence in the service area for the purpose of
storing recyclable materials in the home and identifying the recyclable materials at the curb. Said container shall
become the property of the COUNTY at the end of the contract. The size of the container will be a 64-gallon
automated cart, and the color, as selected by the COUNTY, will be blue. Brevard Countys name and selected logo
shall be placed on the cart along with a list of acceptable recyclables permanently listed on the lid.

2. The COLLECTOR shall replace lost recycling carts in an amount up to five percent (5%) of the
households served, and repair or replace all broken recycling carts. Each residence shall not be given more than
one (1) replacement within a year, excluding carts delivered within the initial 90- day delivery period at the
COLLECTORS expense.

3. Additional 64-gallon automated carts to be used for recycling may be rented from the COLLECTOR
for a monthly fee of $ ______.

4. The COLLECTOR shall remove only recyclable materials placed in the recycling cart at the curb or
specially designated collection points from all single-family residences and multi-family residents that receive
residential garbage collection services. There shall be no limit to the quantity of recyclable materials or carts that
will be picked up from each residence or collection point.

5. The COLLECTOR shall not in any way break or damage or roughly handle the recycling cart and
shall empty the cart and then return it to the curb or designated collection point.

6. The COLLECTOR shall furnish containers to all bulk multi-family residences serviced by the
COLLECTOR prior to the initiation of the recyclable materials collection service as provided herein.

7. All vehicles used to collect recyclable materials shall carry a logo to represent the recycling
program and differentiate the COLLECTORS recycling program vehicles from their vehicles used for collecting
solid waste. The logos can be magnetic as to maximize the usage of equipment.

8. The COLLECTOR will maintain accurate weight records of recyclable materials collected within the
service area and such records/reports showing recycling tonnages shall be furnished to the COUNTY by the 15
th
of
each month. The COLLECTOR shall test certain areas, designated by the COUNTY, one time per year to
determine participation rates. The COLLECTOR shall supply this information to the COUNTY upon request.

9. The COLLECTOR is prohibited from landfilling or improperly disposing of any recyclable materials
collected for the recycling program except that under extraordinary conditions the COLLECTOR may request
authorization from the COUNTY for permission to do so. Recyclable materials may be mixed with similar materials
collected from other recycling areas and may be held until enough volume is accumulated.

B. YARD WASTE

1. The COLLECTOR shall only remove yard waste placed at the curb from all residences that receive
regular residential solid waste collection service. There shall be no limit to the quantity of Yard Waste that will be
picked up from each residence so long as the Yard Waste is prepared as follows: All branches, palm fronds and
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other material must be cut into lengths not exceeding four (4) feet in length, twelve (12) inches in diameter, and fifty
(50) pounds in weight and separated from other solid waste. All grass cuttings, leaves and small clippings and
trimmings shall be containerized in containers which are acceptable to the COLLECTOR and approved by the
Director.

2. The COLLECTORS vehicles are not to interfere unduly with vehicular or pedestrian traffic and
vehicles are not to be left standing on streets and alleys unattended.

3. It is recognized that disputes may arise between the COUNTY and the COLLECTOR with regard to
the collection of certain items due to disputes over the specific language of this Agreement. In such event, the
Director shall inspect the subject area at the request of the COLLECTOR. The Director may from time to time
notify the COLLECTOR of the location and nature of solid waste which has not been collected due to dispute
between the COUNTY and the COLLECTOR; and it shall be the duty of the COLLECTOR to remove all such solid
waste within seventy-two (72) hours from the date of the notice. Should the COLLECTOR fail to remove said solid
waste when obligated to do so pursuant to this Agreement, the COUNTY will remove the solid waste and the costs
incurred by the COUNTY shall be assessed against the COLLECTOR. In the event the COLLECTOR disagrees
with the decision of the Director the COLLECTOR shall have the right to appeal such decision to the Board and the
decision of the Board shall be final.

4. The COLLECTOR shall make collections with a minimum of noise and disturbance to the occupant
of the building and shall not collect from residential collection points prior to the hour of 7:00 a.m. nor after the hour
of 8:00 p.m. No collections shall occur on Sundays or approved holidays unless in the case of an emergency,
collection may be permitted at times not allowed by this paragraph, provided the COLLECTOR has received prior
approval from the Director or his/her designee.

5. Garbage receptacles, automated carts, and other containers shall be handled carefully by the
COLLECTOR and shall be thoroughly emptied then returned and placed at least three (3) feet from the edge of the
pavement where possible, standing upright and with covers securely in place. Garbage receptacles and carts shall
be thoroughly emptied of all materials and shall not be placed in such a way as to block driveway access or cause
an obstruction in the right-of-way to vehicles, bicycles, etc. Any solid waste, yard waste or recyclable materials
spilled or scattered by the COLLECTOR shall be immediately picked up by the COLLECTOR.

6. The COLLECTOR shall make commercial collections with a minimum, of noise and disturbance
and shall not collect prior to the hour of 5:00 a.m. Monday through Saturday. No collection shall occur on
Sundays or approved holidays unless in the case of an emergency, collection may be permitted at times not
allowed by this paragraph, provided the COLLECTOR has received prior approval from the Director or his/her
designee.

7. Garbage receptacles and other containers shall be handled carefully by the COLLECTOR and shall
be thoroughly emptied then returned and placed at least three (3) feet from the edge of the pavement where
possible, standing upright and with covers securely in place. Any solid waste spilled or scattered by the
COLLECTOR shall be immediately picked up.

8. The direction and supervision of collection shall be by competent and qualified personnel and the
COLLECTOR shall devote sufficient personnel, time and attention to the direction of the operation to insure the
performance of their obligations and duties as specified under the provisions of this Agreement.

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9. The COLLECTOR shall cooperate with authorized representatives of the COUNTY in every
reasonable way in order to facilitate the progress of the work contemplated under this Agreement. The
COLLECTOR shall have at all times a competent and reliable representative authorized to take orders and to act
on its behalf. The COLLECTOR shall ensure that its employees serve the public in a courteous, helpful and
impartial manner.

10. Employees engaged in collection services will be required to follow the regular walk for pedestrians
while on private property. No trespassing by employees will be permitted, or crossing property to neighbors
premises unless residents or owners of both such properties have given permission.

11. Care should be taken to prevent damage to property, including flowers, shrubs and other plantings.
The COLLECTOR shall repair any property damage caused by the Collector or their personnel within five (5)
business days of notification by the customer or the COUNTY. The COLLECTOR shall not be responsible for
cleaning up unsanitary conditions about the solid waste containers caused by carelessness of the customer. Care
shall be taken by employees to prevent damage to containers by unnecessarily rough treatment. The
COLLECTOR shall replace any damaged container or cart within five (5) business days of notification by the
customer or the COUNTY. The COLLECTOR shall report to the Director all situations which prevent or hinder the
collection of solid waste on any premises.

12. The COLLECTOR shall establish such routes within the service area as will contribute to maximum
efficiency of operation and will file a copy of such routes with the Director. The COUNTY reserves the right to deny
the COLLECTORS vehicles access to certain streets, alleys and public ways where it is in the interest of the
general public to do so because of conditions of the streets or bridges or the nature of development of the general
area. The COLLECTOR may request and the Director may declare certain streets, alleys and public ways closed
for the purpose of collection vehicle operation because of dangers, inadequate clearance, poor road conditions and
others. When these closures occur, the COLLECTOR shall supply other types of solid waste collection service
acceptable to the Director. Notice shall be given by the Director prior to such denial so as not to unduly interfere
with the COLLECTORS normal operations.

13. The COLLECTOR shall provide, at the base rate, backdoor solid waste receptacle pickup from single
family residences for customers who are medically certified handicapped persons provided no other able-bodied
person over the age of 15 or under the age of 65 resides in the household. The customer shall provide the
COLLECTOR with appropriate evidence that they are unable to place their receptacles at the collection point. The
type of evidence required shall be determined by the Director.

14. The COLLECTOR shall immediately pick up any scattered garbage or recyclable materials caused
by the COLLECTOR or those of any of its employees.

SECTION 5. COMPLAINTS.

1. The COLLECTOR shall respond and resolve all reasonable service complaints within twenty four
(24) hours, regardless of fault, during implementation of bin or cart delivery and/or route changes for a period of
ninety (90) days following implementation or change.

2. The COLLECTOR shall perform a service of high quality and keep the number of legitimate
complaints to a minimum. In order that the COUNTY may be informed of the quality of service, the COLLECTOR
agrees to maintain a record of all complaints for inspection by the COUNTY whether received in person, by mail, by
e-mail or telephone. The COLLECTOR agrees to furnish a monthly report listing the name and address of the
complainant, the nature of the complaint, and the disposition of each complaint. Complaints received before 12:00
noon each day shall be serviced by 5:00 pm that day. Complaints received after 12:00 noon shall be serviced
before 12:00 noon the following calendar day. For each month in which the number of legitimate complaints
reaches twenty (20) or more for any cause the COUNTY shall be entitled to claim liquidated damages. Each claim
shall be considered legitimate unless satisfactory disposition of the claim is furnished. The decision of the Director
shall be final.

3.. The COLLECTOR shall have their operations facility (office) located within Brevard County and
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shall operate a staffed local toll-free complaint center which shall be open during the hours of 7:00 a.m. - 8:00 p.m.
Monday through Saturday. No mechanical/electronic substitution shall be permitted nor shall the use of an
answering service be permitted in place of the COLLECTORs personnel during times of residential service
routes. Residential service runs from 7:00 a.m. to 8:00 p.m.

4. The COLLECTOR shall provide a 24-hour live telephone service for use by the COUNTY in the
event of an emergency.

SECTION 6. DUTY OF CUSTOMERS.

1. All garbage and rubbish and all grass cuttings, leaves, small clippings and trimmings generated from a
single-family residence, individual multi-family residence, or individual commercial unit shall be placed by the
customer in one or more automated carts, garbage receptacles, or other containers which are acceptable to the
COLLECTOR and approved by the Director and placed at the applicable collection point on the designated
collection day. All other solid waste shall be stacked in a uniform direction at the applicable collection point and
shall include only items in size not exceeding four (4) feet in length and twenty-four (24) inches in diameter and fifty
(50) pounds in weight. Any special collection solid waste shall be placed at the collection point on the collection
day for special collection solid waste.

2. All solid waste generated from a bulk commercial unit or a bulk multi-family residence, other than
special collection solid waste, shall be placed by the customer in a commercial container located at the applicable
collection point, or in garbage receptacles located at the applicable collection point, on the designated collection
day.

3. The customer shall place all solid waste at the following collection points for the specified
categories of property:

a) Single-family residence: At a point within the parkway abutting such residence no farther than five
(5) feet from the curb line or paving line, or, in the case no parkway exists which abuts the customers
property, at a point no greater than five (5) feet from curb line or paving line of the nearest public street, or,
in the case of the existence of a drainage ditch, at a point within said dimensions adjacent to the nearest
driveway.

b) Individual commercial unit and individual multi-family residence: At those points designated by the
COLLECTOR in consultation with the customer, which will maximize economy in the collection of the solid
waste while considering the public health and the convenience to the customer.

c) Bulk multi-family residence and bulk commercial unit: At a point designated by the COLLECTOR in
consultation with the customer, which will maximize economy in the collection of the solid waste while
considering the public health and the convenience to the customer. In the event of a dispute between the
COLLECTOR and a customer regarding the location of the collection point, the COLLECTORS decision
shall be subject to approval by the Director.

4. The customer is responsible for proper care and cleaning of any recycling cart provided to them.

5. The customer shall drain off all liquids from recyclable materials prior to deposit in the recycling cart.
Recyclable glass food and beverage containers should be rinsed prior to placement in the recycling cart. Caps
should be removed from all recyclable glass containers and disposed of with the regular household trash.
Newspapers shall be free of food or other contaminants when placed in a recycling cart.
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6. All recyclable materials generated from a single-family residence, individual multi-family residence,
or individual commercial unit shall be placed by the customer in the recyclable cart provided by the COLLECTOR.
On the designated collection day, said recyclable cart shall be placed at the curb or the normal collection point as
described in Paragraph 6(C) (1) and (2) of this Agreement, but shall be kept separate and apart from regular solid
waste. In the event that there is an excess of recyclable materials that will not fit in the recycling cart such excess
shall be placed directly beside the recycling cart, separate from regular solid waste.

7. All recyclable materials generated from a bulk commercial unit, or a bulk multi-family residence,
shall be placed by the customer at the collection point described in Paragraph 6(C) (3) of this Agreement.

8. Recyclable materials placed in a recyclable cart by a single-family, individual multi-family, or individual
commercial unit, shall not exceed 200 pounds.

SECTION 7. HAZARDOUS WASTE.

1. No customer shall dispose of hazardous or infectious waste at any COUNTY solid waste disposal
facility, nor shall any customer place or deposit hazardous or infectious waste at any solid waste collection point or
in any other place where it might reasonably be expected to be transported to a COUNTY solid waste disposal
facility.

2. The COLLECTOR shall not dispose of hazardous or infectious waste at any COUNTY solid waste
disposal facility. The COLLECTOR shall refuse to collect solid waste from a customer if the COLLECTOR believes
that such solid waste contains hazardous or infectious waste. If the COLLECTOR believes that a customer is
depositing hazardous waste for collection, the COLLECTOR shall immediately notify the Director.

3. The COLLECTOR shall not be required to transport biomedical waste, infectious waste, hazardous
waste or biological waste but may offer such service in the service area. All such collection and disposal of those
types of waste shall be accomplished in strict compliance with all Federal, State and local laws and regulations.

4. The Director shall have the authority to inspect the waste being deposited by a customer at any
time to determine whether such waste contains hazardous waste and, to take whatever action deemed necessary
to insure that the customer ceases the placement of hazardous waste into the Brevard County Solid Waste
Disposal System. Such an inspection shall be required upon receipt of notice from a COLLECTOR pursuant to
subsection B of this section.

SECTION 8. COMPENSATION TO COLLECTOR; ESTABLISHMENT OF RATES

1. For the curbside collection of solid waste, recyclable materials, and yard waste from all improved
residential real property within the benefit unit, the COLLECTOR shall be compensated in accordance with the
schedule of rates, charges and fees set forth in Exhibit A, as may be amended pursuant to this Agreement. Said
sum shall be the only money COLLECTOR shall be entitled to from the COUNTY. Provided, however, that the
COLLECTOR may collect from any multi-family customer an additional sum for pick-up in excess of twice per week,
with said sum to be negotiated between the COLLECTOR and the customer.

2. The monthly rates and charges the COLLECTOR may charge for are: (1) providing collection
services to non-residential improved real property within the unincorporated area of the County, (2) container
rentals and pull services, and (3) providing collection service to residential improved real property within the
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unincorporated areas but not within the benefit unit shall be established in the schedule of rates, charges and fees
set forth in Exhibit A of this Agreement, as may be amended pursuant to this Agreement.

3. Should the COLLECTOR desire to seek an increase of the rates established by the Board, the
COLLECTOR shall petition the Board providing complete justification prior to J uly 1 of the fiscal year prior to the
fiscal year that the rate will become effective. In arriving at a sum to pay the COLLECTOR and establish a
schedule of charges, the COUNTY shall fix such amounts as may be reasonably intended to give the COLLECTOR
a fair and reasonable return upon the actual and legitimate capital investment, excluding contributions, after
allowance for reasonable depreciation and expenses for operation.

4. In the event a person occupying or owning residential improved property outside the service area
elects to contract with the COLLECTOR for the collection of waste generated on such property, the rate, fee or
charge for such collection shall be negotiated between the COLLECTOR and the customer after taking into
consideration the following factors:

a) The rate, fee or charge for collection services established for similar improved property in the
benefit unit.

b) The distance to such improved property from the established collection route of the COLLECTOR.

c) The frequency of collection by the COLLECTOR.

d) The average monthly amount of solid waste generated from such improved property.

e) The degree of additional costs to the COLLECTOR in collecting said solid waste.


5. The Director shall resolve any dispute between the customer and the COLLECTOR as to the rate,
fee or charge for such collection services based upon consideration of the factors specified above. Provided,
however, that for residential improved property such rate shall not exceed twice the rate being charged for
similar residential improved real property within the benefit unit.

6. The charge for the pickup of special collection solid waste generated by a bulk commercial unit and
an individual commercial unit shall be negotiated between the COLLECTOR and the customer and billed by the
COLLECTOR.

7. It is mutually understood between the parties that each customer shall have the right to purchase
his own commercial container rather than rent same from the COLLECTOR.

8. Where applicable, the COLLECTOR shall bill each customer for collection services based on the
rate, charge or fee for each customer as established under this section of this Agreement. In the event of a
dispute between the COLLECTOR and customer as to a rate, fee or charge, or as to a charge for additional or
special collection pickup, the Director shall arbitrate and resolve the dispute.

9. On each October 1
st
and thereafter, the rate of compensation payable to the COLLECTOR by the
COUNTY and the monthly rates and charges the COLLECTOR may charge for providing collection services as
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set forth in Exhibit A shall be adjusted annually to reflect changes in the Consumer Price Index. The
foregoing rates shall be adjusted to reflect the increase or decrease in the CPI for the immediately preceding
twelve (12) month period of April to April, and any increase or decrease shall be capped at three percent (3%)
per year and eleven and fifty five percent (11.55%) over the term of the Agreement. Any extension thereto will
be capped at three percent (3%) per year and four and ninety five percent (4.95%) over the term of the
Agreement. The COLLECTOR shall provide the COUNTY in writing, no later than May 15
th
of each year, of
increases or decreases based on the CPI as provided in this section. If the COLLECTOR does not provide the
COUNTY with notification of an increase or decrease in the CPI by the date stated, the COUNTY will determine
whether an adjustment shall be made to the rates. Should the CPI be discontinued or substantially modified,
then an alternate index shall be chosen by mutual agreement of the COUNTY and the COLLECTOR.

10. ADDITIONS AND DELETIONS TO RESIDENTIAL UNITS. On the first day of each month the total
monthly payment to CONTRACTOR by COUNTY shall be adjusted to correspond with the increase or decrease in
the number of residential units. The adjustment shall be for premises newly occupied or vacated during the month
preceding the adjustment. For example, any adjustment made on J une 1 will be for residences newly occupied or
vacated in May.

11. The COLLECTOR shall be required, if requested by the customer, to furnish a roll-off container or a
compactable container; provided, however, such request shall not be granted if the type of solid waste generated
requires a greater frequency of pickup than reasonably contemplated by the use of said containers. In the event
any COLLECTOR holding a franchise from the COUNTY is, on the effective date of this Agreement, furnishing a
roll-off container or compactable container to a commercial customer within the service area of the COLLECTOR,
such other franchised COLLECTOR may continue to furnish such specialized collection services to such
commercial customer despite the language contained in this section to the contrary. The rate and rental for such
roll-off container and the rental for such compactable container shall be negotiated between the COLLECTOR and
the customer and billed by the COLLECTOR. In the event of a dispute between the COLLECTOR and the
customer as to such rate or rental, the Director shall arbitrate and resolve the dispute.

12. Prior to establishing service with a commercial customer or a customer being billed by the
COLLECTOR pursuant to this section, the COLLECTOR may collect a deposit. However, such deposit shall not
exceed the normal charge for three months service to the customer. In addition, any such deposit shall be
returned to the customer after twelve (12) months continuous service with no delinquent payments. Any such
customer may pay in advance for the collection services provided pursuant to this Agreement. However, the
COLLECTOR shall not require a customer to pay for such collection services more than one (1) month in advance.

13. The COLLECTOR may not, under any circumstances, impose a delinquency fee for failure of a
customer to make the required payments. However, the COLLECTOR may impose, in addition to the amount
owed to the COLLECTOR, a re-connect fee not to exceed the greater of Twenty-five Dollars ($25.00), or the normal
charge for one (1) months service for a commercial customer, where a commercial customer whose service has
been terminated for non-payment wishes to be served by the COLLECTOR again. No customers service may be
terminated for non-payment unless such customers account is at least seventy (70) days delinquent, except that
no residential customers service within the benefit unit may be terminated for non-payment.

14. The COLLECTOR shall pay fifty percent (50%) of the gross sales revenues for recyclable
materials. In the event COLLECTOR elects to mix the recyclable materials with similar materials collected from
other recycling areas and hold the materials until volume and conditions, the COLLECTOR shall be allowed to
deduct processing, handling and transportation expenses as agreed upon between the COUNTY and the
COLLECTOR from gross materials sales revenue prior to paying the fifty percent (50%) of the proceeds to the
COUNTY as required above. The determination of the amount of process, handling and transportation expenses
allowed to be deducted by the COLLECTOR must be approved by the COUNTY prior to COLLECTOR electing to
mix or hold recyclable materials as authorized herein. Further, in no event shall COLLECTOR pay the COUNTY
less than the amount that COLLECTOR could have received without mixing or holding the recyclable materials.

SECTION 9. HURRICANE OR OTHER DISASTER.

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In the case of a severe weather or disaster event, the COUNTY may grant the COLLECTOR reasonable
variance from the regular schedules and routes. As soon as practicable after such severe weather or disaster
event, the COLLECTOR shall advise the COUNTY of the estimated time required before regular schedules and
routes can be resumed. In conjunction with the COUNTY, the COLLECTOR shall inform all customers of service
disruption. Notification by the COLLECTOR shall be in the form of an advertisement in a newspaper of general
circulation published within the County.

In the event excessive amounts of debris or refuse have accumulated by reason of any natural disaster
which includes the COLLECTORS service area or should the Director or a committee headed by the Director
decide that a severe disturbance, riot or other calamity has produced enough excess debris to need special
cleanup, the COLLECTOR shall be available within 96 hours from the time they are notified by the Director to
remove and transport the excess debris or refuse within the collection area at the rate to be established between
the COUNTY and the COLLECTOR. Should the COUNTY wish to utilize the COLLECTOR to perform such work,
the Director shall direct the COLLECTOR to perform such work at the specified rate. However, nothing herein shall
require the COUNTY to utilize the services of the COLLECTOR or to prevent the COUNTY from contracting with
other parties to perform all or a portion of such work.

SECTION 10. COMMENCEMENT OF AGREEMENT; DISAGREEMENTS; DEFAULT OF
COLLECTOR; TRANSFER OF WORK TO SURETY AND COUNTYS USE OF
COLLECTORS PROPERTY; BREACH OF AGREEMENT; NO WAIVER.

1. COMMENCEMENT OF AGREEMENT: The effective date of this agreement is the date on which the
last of the parties hereto executes this Agreement and commencement of collection services shall begin on
October 1, 2013.

2. DISAGREEMENTS: To prevent all disputes or litigation, it is understood that all questions rising
as to the proper performance and the amount of work to be paid for under this Agreement shall be subject to the
decision of the Director subject to the right of the COLLECTOR to appeal to the Board, whose decision shall be
final and binding.

3. SERVICE DURING DISAGREEMENT: During any dispute which arises between the COUNTY,
Director, and/or other interested party and the COLLECTOR, in any way relating to this contract, performance, or
compensation hereunder, the COLLECTOR shall continue to render full compliance (and not seek injunctive relief)
with all terms and conditions of this contract regardless of the nature of the dispute, unless the County Director
specifically notifies the COLLECTOR otherwise.

4. DEFAULT OF COLLECTOR: The COLLECTOR may be held in default of the Agreement in the
event the COLLECTOR:

a) Fails to perform the collections required by the Agreement and appears, to the Director, to have
abandoned the work, or to be unable to resume performance within forty-eight hours; or

b) Has failed on three or more occasions of three working days duration in any year, to perform the
collections required by the Agreement; or

c) Repeatedly neglects, fails, or refuses to comply with any of the material terms of the Agreement,
after having received notice of its obligation to so comply.

Proceedings under this section are in addition to the remedies described in SECTION 9 (F) for breach of
their respective requirements.

To initiate proceedings under this section, the Director shall first request the Board of County
Commissioners to declare the COLLECTOR in default. Within three working days after its receipt of such a
request, the COUNTY shall give notice to the COLLECTOR, its surety and the Director of the location, time and
date within the following seven calendar days of a public hearing at which the COLLECTOR may show cause, why
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it should not be declared in default. In the event the COLLECTOR fails to show, to the satisfaction of the COUNTY,
cause why the COLLECTOR should not be declared to be in default, the Board shall make such declaration.

In declaring the COLLECTOR to have defaulted on the Agreement, the COUNTY may also order the
COLLECTOR to discontinue further performance of work under the contract and transfer the obligation to perform
such work from the COLLECTOR to the Surety on the COLLECTORS performance bond and take any other action
it deems advisable.

5. TRANSFER TO SURETY AND COUNTYS USE OF COLLECTORS PROPERTY:

Upon receipt of a notice that the work has been transferred to the surety with termination of the Agreement,
the surety shall take possession of all materials and equipment described in the most recent inventory submitted to
the Director pursuant to Section 4(A) of this Agreement, for the purpose of completing the work under the
Agreement; employ, by contract or otherwise, any person and all persons needed to perform the work; and provide
materials and equipment required therefore. Such employment shall not relieve the surety of its obligations under
the Agreement and the bond. If there is a transfer to the surety, payments shall be made to the surety or its agent
for all work performed under the Agreement subsequent to such transfer, in amounts equal to those that would
have been made to the Contractor had it performed in the manner and to the extent of the suretys performance
and the COLLECTOR shall have no claim upon the same.

In the event the surety on the COLLECTORS performance bond fails to assume or continue performance
bond within 48 hours after its receipt of notice that the work has been transferred to such surety, the COLLECTOR
shall lease, sublease or otherwise license the COUNTY to use all, or whatever portion is desired by the COUNTY,
of the materials and equipment described on the most recent inventory submitted to the Director pursuant to
SECTION 4 (A) of the Agreement, for collection purposes for a period of up to six months following the date of the
declaration of default by the Board of County Commissioners without requiring the COUNTY to execute any other
document whatsoever to accomplish such lease, sub-lease or license and without requiring the COUNTY to post
any bond, pledge, deposit or other security for such equipment and materials but upon the condition that the
COUNTY pay for the equipment and materials actually used for such collection a market rental that is not greater
than the monthly lease, in the event such property is leased by the COLLECTOR; the periodic installment in the
event such property is being acquired under a purchase contract; or the periodic interest and principal, in the event
such property is being acquired under a financing arrangement; provided that under no circumstances shall the
COUNTY be liable during its use of such property for any arrearages, balloon payment, accrued interest,
accelerated charges in the event of a default or other extraordinary payment; nor shall the satisfaction thereof be a
condition to the COUNTY'S interim use of such property; provided further that such lease, sub-lease or license shall
be suspended on the date the surety on the COLLECTORS bond or its agent accepts the transfer of work under
the Agreement.

In the event the COUNTY secures the performance of work under the Agreement at a lesser cost than
would have been payable to the COLLECTOR had the COLLECTOR performed the same, the COUNTY shall
retain such difference; but in the event such cost to the COUNTY is greater, the COLLECTOR and its surety shall
be liable for and pay the amount of such excess to the COUNTY.

All payments due the COLLECTOR at the time of default, less amounts due the COUNTY from the
COLLECTOR; shall be applied by the COUNTY against damages suffered and expense incurred by the COUNTY
by reason of such default; any excess shall be paid to the COLLECTOR except as provided in the Agreement.

Notwithstanding the provisions of this section, a delay or interruption in the performance of all or any part of
the Agreement resulting from changes ordered in the work, from labor disputes, or, from other causes beyond the
COLLECTORS control, shall not be deemed to be a default and the rights and remedies of the COUNTY provided
for herein shall be applicable.

6. BREACH OF AGREEMENT: If the COLLECTOR fails to be at work at the time specified,
persistently disregards laws, ordinances or instructions of the Director, or repeatedly fails to provide sufficient
reserve workforce and equipment to insure the proper completion of the residential work by 8:00 pm each day; or
performs the work unsatisfactorily or fails to collect refuse on a regular schedule, or discontinues the prosecution of
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the work without authorization by the COUNTY, or becomes insolvent or declares bankruptcy or commits any act of
bankruptcy or insolvency, or allows final judgment rising out of performance of the Agreement to stand unsatisfied
for a period of ten (10) days, the COUNTY will consider such action a breach of Agreement and give notice, in
writing by registered mail, to the COLLECTOR and his surety of such breach.

If the COLLECTOR or the surety, within ten (10) days after such notices, does not proceed to take over
and complete the work under the orders of the Director, then the Director, because of the breach of Agreement,
shall have full power and authority, without violating the Agreement or bond, to take over the completion of said
Agreement according to the terms and provisions thereof, or to use such other methods as in his opinion may be
required for the completion of said Agreement in an acceptable manner. Furthermore, after the issuance by the
COUNTY of its notice of intention to terminate the Agreement, the COLLECTOR shall not remove from its normal,
daily workplace in the COUNTY any of the equipment listed on the inventory approved by the Director in
accordance with SECTION 4 (A) of this Agreement until arrangements to continue the work, by Agreement, by
surety, or otherwise, have been completed by the COUNTY.

For all costs, charges and damages incurred by the COUNTY, together with the costs of completing the
work, the COLLECTOR and his surety shall be liable, and such costs may be deducted from any monies due or
which may become due the COLLECTOR. Should the COUNTY incur any attorneys fees to seek enforcement of
any of the provisions in this Agreement and prevails, the COLLECTOR and his surety shall be liable for those fees,
and such expense may be deducted from any monies due or which may become due to the COLLECTOR. In case
the expense incurred by the COUNTY is less than the sum which would have been payable under the Agreement if
it had been completed by the COLLECTOR, then the COLLECTOR and the surety shall be liable and shall pay the
COUNTY the amount of said excess.

7. NO WAIVER: No waiver of full performance by either party shall be construed, or operate, as a
waiver of any subsequent default of any of the terms, covenants and conditions of this Agreement nor affect the
right of the COUNTY to enforce same. The payment or acceptance of compensation for any period after a default
shall not be deemed a waiver of any right or acceptance of defective performance.


SECTION 11. LIQUIDATED DAMAGES.

The following acts or omissions shall be considered a breach of the contract and for the purpose of
computing damages. It is agreed that the Director may deduct from payments due or to become due to the
COLLECTOR, the following amounts as liquidated damages:

1. Collection of residential solid waste prior to 7:00 a.m. or after 8:00 p.m.
$300.00 each case. See SECTION 4 (E)


2. Collection of commercial solid waste prior to 5:00 a.m.
$300.00 each case. See SECTION 4 (E)

3. Legitimate Complaints (Over twenty (20) per month).
$50.00 each additional legitimate complaint. See SECTION 5 (B)

4. Failure to clean vehicles and maintain in good working condition.
$50.00 each vehicle per occurrence. See SECTION 4 (B)

5. Failure to keep vehicles closed or covered.
$50.00 per occurrence. See SECTION 4 (B)

6. Loaded vehicles left standing on the street unnecessarily.
$50.00 per occurrence. See SECTION 4 (B)

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7. Failure to pick up Special Collection Solid Waste within seventy-two (72) hours.
$50.00 each case. See SECTION 3 (C&D)

8. Failure to maintain schedule established and given as a requirement of
this Agreement in writing to the public and the COUNTY.
$50.00 per violation of route schedule. See SECTION 4 (H)

9. Failure to respond to complaints as required by this Agreement
$50.00 each case. See SECTION 5 (A)

10. Failure to pick up scattered debris
$50.00 each case See SECTION 4(B)

11. Failure to leave cans upright with covers securely in place
$50.00 each case See SECTION 4(E)

12. Failure to pick up properly prepared Yard Waste
$50.00 each case See SECTION 22(B)

13. Failure to notify COUNTY of route or material change
$100.00 each case See SECTION 4 (H)

14. Late Annual Financial Statement
$100.00 each day See SECTION 15 (A)

15. Failure to have backup equipment
$50.00 each case See SECTION 4 (B)

16. Improper disposal of recyclables
$200.00 each load See SECTION 18 (K)

17. Failure to replace damaged container
$100.00 each case See SECTION 4 (G)

18. Failure to repair customer damage
$200.00 each case See SECTION 4 (G)

19. Failure to provide Recycling data
$250.00 each day See SECTION 18 (I)

20. Hydraulic spills/leaks on roads
$500.00 each case See SECTION 4 (B)

21. Failure to provide requested information per the Agreement
$500.00 Various SECTIONS


SECTION 12. INSURANCE AND INDEMNIFICATION

1. The COLLECTOR shall furnish to the COUNTY evidence of insurance coverage for all insurance
required under the provisions of this section of this Agreement immediately upon the execution of this Agreement
by the parties. Failure of the COLLECTOR to maintain said insurance at any time during the term of this
Agreement by the COLLECTOR shall be construed to be a material breach of the Agreement by the COLLECTOR.


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2. The COLLECTOR shall provide and maintain during the term of this Agreement such workers
compensation insurance as required by law for all of its employees employed in connection with the performance of
the work provided for under this Agreement.

3. The COLLECTOR agrees to indemnify and save harmless the COUNTY from any and all liability,
claims, damages, losses, expenses, proceedings and causes of action of every kind and nature arising out of or
connected with the performance of his duties provided for under this Agreement. The COLLECTOR, further agrees
to, at his own expense, defend any and all actions, suits or proceeding which may be brought against the COUNTY
in connection with the performance of his duties under this Agreement and to satisfy, pay and discharge any and all
judgment that may be entered against the COUNTY in any such action or proceedings.


The COLLECTOR agrees to provide and maintain at all times during the term of this Agreement, without
cost or expense to the COUNTY, policies of insurance generally known as Commercial General Liability policies
insuring the COLLECTOR against any and all claims, demands or causes of action whatsoever for injuries received
or damage to property relating to the performance of the duties of the COLLECTOR under the terms and provisions
of this Agreement. Such policies of insurance shall insure the COLLECTOR in an amount not less than One Million
Dollars ($1,000,000) to cover any and all claims connected with any accident or occurrence that may arise or be
claimed to have arisen against the COLLECTOR. The COLLECTOR agrees to provide and maintain at all times
under this Agreement motor vehicle public liability insurance in an amount of not less than One Million Dollars
($1,000,000). Said insurance policies shall provide that the COUNTY shall be endorsed as an additional insured to
those policies and entitled to thirty (30) days written notice of any changes or cancellations in said policies.

A certificate of insurance indicating that the COLLECTOR has coverage in accordance with the
requirements of this Agreement, shall be furnished by the COLLECTOR to the Director within ten (10) days from
the date of the execution of this Agreement. The Director shall forward all such certificates of insurance to the
Brevard County Insurance Director for review while maintaining copies of certificates of insurance for coverage
currently in force along with this Agreement.

4. The CONTRACTOR shall include all subcontractors, whether approved by the COUNTY or not, as
insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.

5. In the event the COLLECTOR is comprised of more than one individual, corporation, or other
entity, each of the entities comprising the COLLECTOR shall be jointly and severally liable under this Agreement.

SECTION 13. PERFORMANCE BOND.

The COLLECTOR shall provide a COLLECTORS performance and payment bond in the amount of One
Million Dollars ($1,000,000) with a surety company acceptable to the COUNTY as surety, which bond shall be
conditioned that such COLLECTOR shall faithfully perform all of the provisions of this Agreement and pay all
laborers, mechanics and sub-contractors and material men, and all persons who shall supply such COLLECTOR or
sub-contractors with provisions and supplies for the performance of this Agreement; and shall perform work or
services, or furnish material to any sub-contractor, shall have the same right under the provisions of such bond as if
such works, services or material was furnished to the original COLLECTOR, and shall contain appropriate
recitations; (1) that it is issued pursuant to this Section of this Agreement; (2) that it shall be construed to meet all
the requirements specified herein and to give all of the rights specified in SECTION 10; and (3) that any condition
or limitation in such bond which is in conflict with the conditions and requirements of this Section is void.

In lieu of the Performance Bond required herein the COLLECTOR may enter into an Agreement with the
COUNTY, drafted to the satisfaction and approval of the County Attorney and the County Manager, that the
COLLECTOR shall make a deposit to an escrow account in a bank approved by the COUNTY, in cash or in
negotiable government securities, equal at all times in market value to the face amount of the bonds. Such
Agreement shall provide that the cash or negotiable securities may be claimed by the Director, under the same
circumstances as provided for use of the Performance Bond. The bond or the cash or security deposit shall remain
in effect for the initial term of the Agreement, and for the renewal period, or the Agreement is terminated by the
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COUNTY. If the Agreement is renewed, a Performance Bond in the amount stated above or the cash or security
deposit shall be furnished forty-five (45) days prior to the beginning of the renewal period.

SECTION 14. COLLECTOR'S RELATION TO COUNTY

It is expressly agreed and understood that the COLLECTOR is in all respects an independent Contractor
as to the work notwithstanding in certain respects the COLLECTOR is bound to follow the direction of designated
County Officials and the COLLECTOR is in no respect an agent, servant or employee of the COUNTY. This
Agreement specifies the work to be done by the COLLECTOR, but the method to be employed to accomplish this
work shall be the responsibility of the COLLECTOR, unless otherwise provided in this Agreement.

The COLLECTOR's performance of this Agreement shall be supervised by the Director or his/her
designee. If at any time during the life of this Agreement, performance satisfactory to the Director or his/her
designee shall not have been made, the COLLECTOR, upon notification by the Director or his/her designee, shall
increase the force, tools and equipment as needed to perform this Agreement properly. If, within twenty-four (24)
hours of the COUNTY's notification, the COLLECTOR shall fail to take measures to increase the force, tools
and equipment as needed to perform this Agreement, the COUNTY may elect to temporarily hire equipment and
manpower in order to restore the level of service to an acceptable level. The COUNTY may claim reimbursement
of all costs incurred hereunder from the COLLECTOR's surety and as otherwise available under law. The failure
of the Director or designee to give such notification shall not relieve the COLLECTOR of its obligation to perform
the work at the time and in the manner specified by this Agreement.

SECTION 15. PUNITIVE DAMAGES FOR NON-COMPLIANCE

To prevent misunderstanding and litigation, the Director shall decide any and all questions which may arise
concerning the quality and acceptability of the services performed, the sufficiency and performance, the
interpretation of Agreement provisions and the acceptable fulfillment of this Agreement on the part of the
COLLECTOR; and the Director will determine whether or not the amount, quantity, character and quality of the
work performed is satisfactory, which determination shall be final, conclusive and binding upon both the COUNTY
and the COLLECTOR.

The Director shall make such explanation as may be necessary to complete, explain or make definite
the provisions of this Agreement and such findings and conclusions shall be final and binding on both parties.
The COLLECTOR may appeal the Directors decision to the Board of County Commissioners.

SECTION 16. INSPECTION OF WORK

The COLLECTOR shall furnish to the Director or designee or authorized representative, every reasonable
opportunity for ascertaining whether or not the work as performed is in accordance with the requirements of this
Agreement. The Director or designee may appoint qualified person(s) to inspect the COLLECTOR's
operation and equipment at any reasonable time, and the COLLECTOR shall admit authorized representatives
of the COUNTY to make such inspections at any reasonable time and place. The COLLECTOR shall designate,
in writing, the person to serve as its agent and liaison between its organization and the COUNTY.

SECTION 17. CERTIFIED AUDIT.

1. On or prior to J une 30 of each year, COLLECTOR at its own expense shall provide the COUNTY
with a certified audit performed by an independent Certified Public Accountant. Such audit shall be performed in
accordance with generally accepted auditing standards, and shall cover the annual period of the COLLECTORs
most recent fiscal year. The audit report shall identify and separate that portion of COLLECTORS business
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performed in the unincorporated area of Brevard County. Such audit shall also include, but shall not be limited to, a
statement of financial condition, a statement of gross receipts of the COLLECTOR for services rendered under this
Agreement, the average number of customers, and a statement of expenditures indicating where and how such
expenditures were incurred.

2. The COUNTY and the COLLECTOR understand and agree that time is of the essence regarding
the receipt of the certified audits. Therefore, if the COLLECTOR fails to provide the COUNTY with said certified
audit on or prior to the date prescribed herein, the COLLECTOR shall pay the COUNTY the sum of One Hundred
Dollars ($100.00) per day for each day the audit is received after J une 30
th
. Provided, however, that the COUNTY
may, upon request by the COLLECTOR not later than J une 15
th
of a given year, grant the COLLECTOR an
extension not to exceed thirty (30) days for good cause shown.

If the COUNTY has not received the certified audit within the prescribed time, the Director shall notify the
COLLECTOR in writing. If the certified audit is not received within thirty (30) days of the date such notice is mailed,
the COUNTY may conduct its own audit in accordance with this Agreement. In such event, in addition to the late
fee set out above, the COLLECTOR shall reimburse the COUNTY for all costs it incurs in auditing the
COLLECTOR and collecting the sums it is entitled to hereunder, including court costs and a reasonable attorneys
fee.

3. The COLLECTOR shall make available to the COUNTY the work papers of the auditor in
connection with the certified audit required by this section. The COLLECTOR shall not contract for audit services
with an auditor that will not make said work papers available to the COUNTY.

SECTION 18 . PUBLIC AWARENESS CAMPAIGN.

1. COLLECTOR shall assist the COUNTY in on-going education efforts to promote the COUNTYS
recycling program. The COLLECTOR shall cooperate with the COUNTY in promotional activities and events, if so
requested.

2. The COLLECTOR shall perform, as a minimum, the following:

a) Organize and sponsor a kick off event to promote the COUNTYs single- stream
recycling cart program as described herein.

b) Provide a special flyer for distribution with each recycling cart to be delivered to the
participating customers.

c) Attend and participate in public meetings regarding the recycling program, such as
homeowners associations, civic organizations, etc., as requested by the Director.

SECTION 19. ELECTRONIC COMPATIBILITY

1. The COLLECTOR shall provide information data about each user of their service as required from time to
time by the COUNTY in a format and on a media to be defined by the COUNTY. The COUNTY shall provide
the COLLECTOR with a written request for information data and the media required and shall specify the date
the information is required.

2. The exact data and format of the data requested may change from time to time. The COLLECTOR shall
provide the required change within thirty (30) days of being given written notice by the COUNTY of a required
change. If the change involves new media that the COLLECTOR does not possess, the COUNTY shall
determine the time in which the COLLECTOR shall provide the change.

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3. The COUNTY may, upon written request by the COLLECTOR, grant the COLLECTOR an extension, not to
exceed thirty (30) additional days, beyond the original specified date to deliver the information data. However,
such request shall be made not later than thirty days prior to the original specified due date.

SECTION 20. MISCELLANEOUS.

1. The COLLECTOR shall pay all Federal, State and local taxes and fees including, but not limited to
sales tax, social security, workers' compensation, unemployment insurance and other required taxes and fees
which may be chargeable against labor, material, equipment, real estate and any other item necessary to and in
the performance of this Agreement.

2. The COLLECTOR shall comply with all laws, ordinances, rules and regulations now existing or
established or hereinafter established at any time during the term of this Agreement by the County, State
Legislature and agencies, and Federal Government.

3. The COLLECTOR shall keep such uniform books and accounts as agreed from time to time by the
COUNTY. It shall be the responsibility of the COLLECTOR to maintain said books and records in accordance with
generally accepted accounting principles. The COUNTY shall have the right to audit said books and accounts at
any time during normal business hours upon giving reasonable notice to the COLLECTOR as to the time and place
of such audit.

4. The COLLECTOR shall perform the duties under the terms and provisions of this Agreement as an
independent contractor and nothing contained herein shall be construed to be inconsistent with this relationship or
status. No part of this Agreement shall in any way be construed or interpreted to constitute the COLLECTOR or
any of his agents or employees as the agent, employee or representative of the COUNTY.

5. No assignment or subletting of all or any portion of the work under this Agreement shall be
permitted except with written approval of the Board. The COLLECTOR alone, subject to the provisions of his
performance bond, shall be held responsible for the full and faithful performance of this Agreement.

6. No modification or amendment of the terms hereof shall be effective unless written and signed by
the parties hereto.

7. The provisions, covenants and conditions to this Agreement apply to bind the parties, their legal
heirs, representatives, successors, and assigns.

8. Should any terms, provision, condition or other portion of this Agreement or the application thereof
be held to be inoperative, invalid or unenforceable, the remainder of the Agreement or the application of such term
or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be
affected thereby and shall continue in full force and effect.

9. The terms and conditions of this contract supersede the terms, obligations and conditions of any
existing or prior Agreement or understanding, written or oral, between the parties regarding the work to be
performed, compensation to be paid, and all other matters contained.

10. In the event of any legal action to enforce the terms of this Agreement each party shall bear its own
attorneys fees and costs.

11. This Agreement shall be deemed to have been executed and entered into the State of Florida and
this Agreement, and any dispute arising hereunder, shall be governed, interpreted and construed according to the
laws of the State of Florida.

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12. Venue for any legal action brought by any party to this Agreement to interpret, construe or enforce this
agreement shall be in the Eighteen J udicial Circuit Court in and for Brevard County, Florida, and any trial shall
be non-jury.

13. In the performance of this Agreement, the Contractor shall keep books, records, and accounts of all
activities, related to this Agreement, in compliance with generally accepted accounting procedures. Books, records
and accounts related to the performance of this agreement shall be open to inspection during regular business
hours by an authorized representative of the Owner and shall be retained by Contractor for a period of three (3)
years after termination of the agreement. All records, books and accounts related to the performance of this
agreement shall be subject to the applicable provisions of the Florida Public Records Act, Chapter 119, Florida
Statutes.

14. Brevard County will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8
U.S.C. Section 1324 (e) Section 274(e) of the Immigration and Nationality Act. The Owner shall consider a
contractors intentional employment of unauthorized aliens as grounds for immediate termination of this Agreement.

15. 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/quote/proposal on a contract to provide goods or services to a public entity,
may not submit a bid/quote/proposal on a contract with a public entity for construction or repair of a public building
or public work, may not submit bids/quotes/proposals on leases of rental 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 threshold amount provided in Section
287.017 for CATEGORY TWO for a period of 36 months from date of being placed on convicted vendor list.

16. The parties hereby acknowledge that they fully reviewed this Agreement, its attachments and had
the opportunity to consult with legal counsel of their choice, and that this Agreement shall not be construed against
any party as if they were the drafter of this Agreement.

17. All notices required or contemplated by this Agreement shall be personally served or mailed,
posted prepaid, and return receipt requested, addressed to the parties as follows:

COUNTY:




CONTRACTOR:








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EXHIBIT A of DRAFT CONTRACT
SCHEDULE OF RATES, FEES AND CHARGES

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EXHIBIT B of DRAFT CONTRACT
COUNTY FACILITIES THAT REQUIRE RECYCLING COLLECTION



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Exhibit B
LEGAL DESCRI PTI ON OF SERVI CE AREAS AND MAP

NORTH SERVI CE AREA

Beginning at the intersection of the North line of Township 20 South (Brevard/Volusia County Line) and the Mean High Water
Line of the Atlantic Ocean;

Thence meander southerly along the Mean High Waterline of the Atlantic Ocean to the easterly projection of the centerline of
Pineda Causeway (S.R. 404);

Thence westerly along said centerline to the centerline of the Intracoastal Waterway of the Indian River;

Thence northerly along said centerline to the easterly projection of the South Right of Way line of Rosa L. J ones Boulevard
(formerly known as Poinsett Drive);

Thence westerly along said easterly projection and its westerly projection to the West Right of Way line of Clearlake Road;

Thence southerly along said West Right of Way line to the North Right of Way line of Pluckebaum Road;

Thence westerly along the said North Right of Way line and its westerly projection to the centerline of Interstate 95;

Thence southerly along said centerline to the centerline of Rockledge Creek;

Thence westerly along said centerline and its westerly projection to the centerline of Lake Florence;

Thence meander westerly along said centerline to the centerline of Lake Poinsett;

Thence meander westerly along said centerline to the centerline of the St. J ohns River, also being the county line between
Brevard and Orange Counties;

Thence meander northerly along said centerline of the St. J ohns River to the intersection of the Volusia, Brevard, Orange and
Seminole County lines, said point also lying on the south line of Township 21 South, Range 33 East;

Thence easterly along said south line of Township 21 South, also being the county line between Brevard and Volusia Counties
to the East line of Range 33 East;

Thence northerly along said East line of Range 33 East, also being the county line between Brevard and Volusia Counties to
the North line of Township 20 South, also being the Northwest corner of Brevard County;

Thence easterly along said North Township line to the point of beginning.

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SOUTH SERVI CE AREA

Begin at the intersection of the county line between Brevard and Orange Counties and the centerline of Lake Poinsett, said
intersection lying on the West line of Range 35 East extended northerly;

Thence meander easterly along said centerline of Lake Poinsett and along the centerline of the Rockledge Creek and Lake
Florence to the centerline of Interstate 95;

Thence northerly along said centerline to the North Right of Way line of Pluckebaum Road;

Thence easterly along said North Right of Way line to the West Right of Way line of Clearlake Road;

Thence northerly along said West Right of Way line to the westerly projection of the South Right of Way line of Rosa L. J ones
Boulevard (formerly known as Poinsett Drive);

Thence easterly along said westerly projection and its easterly projection to the centerline of the Intracoastal Waterway of the
Indian River;

Thence southerly along said centerline to the centerline of Pineda Causeway (S.R. 404);

Thence easterly along said centerline and its easterly projection to the Mean High Water Line of the Atlantic Ocean;

Thence southerly along said Mean High Water Line to the centerline of the Sebastian Inlet, also being the county line between
Brevard and Indian River Counties;

Thence meander westerly along said centerline and along the county line between Brevard and Indian River Counties to the
west line of Brevard County also being the county line between Brevard and Osceola Counties;

Thence northerly along said west line of Brevard County, said line also being the West line of Range 35 East to the point of
beginning.


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SERVI CE AREAS MAP





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Exhibit C

MI NIMUM ACCEPTABLE SI NGLE STREAM RECYCLI NG MATERI ALS

Steel & Tin Cans. Includes steel and tin cans and empty aerosol cans.

Aluminum. Includes aluminum beverage containers, aluminum foil and aluminum pie plates.

Glass. Clear (flint), brown (amber) and green, and beverage jars and bottles. Paper labels, rings and lids on glass
containers are acceptable.

Plastic Bottles (SPI code No. 1-7) such as beverage bottles, dishwashing soap bottles, shampoo bottles and similar items.
Also, blow molded, closed mouth natural and colored HDPE containers generally consisting of plastic milk jugs, water
bottles, detergent bottles and similar items.

Recyclable Paper consists of the following materials:

Newsprint - all loose newsprint is acceptable and includes papers that are distributed with or as part of general circulation
newspapers.

OCC (Old corrugated containers) and paperboard, such as milk and juice cartons, paper towel rolls, toilet tissue rolls,
aseptic drink boxes, paperboard boxes, cereal boxes,

Paper Bags. All loose or bagged paper sacks used to hold newspaper;

Telephone books and telephone directories.

Magazines and catalogs

Mixed paper, including shredded paper, may include all of the following:

J unk mail, high-grade paper, white and colored paper, copier paper, office paper, laser printer paper, computer paper
including continuous formed perforated white bond or green bar paper, notebook paper, envelopes including envelopes
with plastic windows.



*Additional materials may be added with the approval of the Director.
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Exhibit D
COUNTY FACI LI TI ES TO BE PROVI DED RECYCLI NG SERVI CES

The Collector shall provide, at no cost to the County, recycling services to the County facilities listed below. The amount,
location and frequency shall be designated by the Director or his/her designee. The Collector shall provide all bins, carts,
dumpsters, and roll-off containers necessary to provide these facilities recycling services at no additional cost.

Co-mingled recycling bins:

1. Mockingbird Way Mulching Facility
3600 South Street, Titusville

2. Central Disposal Facility (CDF)
2250 Adamson Road, Cocoa

3. Brevard County Government Center
2725 J udge Fran J amieson Way, Viera

4. Sarno Solid Waste Facility
3379 Sarno Road, Melbourne

Mixed Paper roll-offs (accepting books paperback & hardcover, newspaper, office paper, shredded paper, envelopes,
magazines, catalogs, junk mail, and all other paper listed in Exhibit C):

1. Brevard County Central Service Complex
2575 N. Courtenay Parkway, Merritt Island

2. North Brevard Library
2121 S. Hopkins Avenue, Titusville

3. Cape Canaveral Library
201 Polk Avenue, Cape Canaveral

4. Central Brevard Library
308 Forrest Avenue, Cocoa

5. Merritt Island Library
1195 N. Courtenay Parkway, Merritt Island

6. Suntree/Viera Library
902 J ordan Blass Drive, Melbourne

7. Satellite Beach Library
751 J amaica Boulevard, Satellite Beach

8. Eau Gallie Library
1521 Pineapple Avenue, Melbourne

9. Palm Bay Library
1520 Port Malabar Boulevard, NE, Palm bay

10. Franklin DeGroodt Library
6475 Minton Road, SW, Palm Bay

11. South Mainland Library
7921 Ron Beatty Boulevard, Micco

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Exhibit E
COMPLI ANCE SHEET

The Vendor shall comply or take exception to all elements of the specifications. All exceptions to specifications must be
addressed and clearly spelled out. Any applicable literature or information supporting the exception must be supplied. Please
check appropriate box and indicate any exceptions.


Specification Description Deviations / Notations COMPLI ANCE

YES NO
















VENDOR NAME__________________________________________________________________

ADDRESS__________________________________________________________________________

AUTHORIZED SIGNATURE____________________________________________________________

PRINTED SIGNATURE______________________________________DATE_____________________

TELEPHONE #__________________________________ FAX #_______________________________

EMAIL: _____________________________________________________________________________

WEBSITE: ________________________________________________________________________


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Exhibit F
REFERENCE FORM

List customers for the services specified in the solicitation in the spaces provided below giving the company name, contact
person, address, telephone number, and date services were performed, as described.

Note: A contact person shall be someone who has personal knowledge of the Proposers performance for services similar to
those required herein. Contact person must have been informed that they are being used as a reference and that the County
may be calling them. DO NOT list persons who will be unable to answer specific questions regarding the requirements.

1. Customer/Client_____________________________________________________________
Date of Services:_____________________________________________________________
Description of Services:_______________________________________________________
Contact Person:______________________________________________________________
Address____________________________________________________________________
___________________________________________________________________________
Telephone Number:__________________________________________________________
Fax____________________________________Email_______________________________
Project Size:________________________________________________________________

2. Customer/Client_____________________________________________________________
Date of Services:_____________________________________________________________
Description of Services:_______________________________________________________
Contact Person:______________________________________________________________
Address____________________________________________________________________
__________________________________________________________________________
Telephone Number:__________________________________________________________
Fax____________________________________Email_______________________________
Project Size:________________________________________________________________

3. Customer/Client_____________________________________________________________
Date of Services:____________________________________________________________
Description of Services:_______________________________________________________
Contact Person:______________________________________________________________
Address____________________________________________________________________
___________________________________________________________________________
Telephone Number:__________________________________________________________
Fax____________________________________Email_______________________________
Project Size:________________________________________________________________

4. Customer/Client_____________________________________________________________
Date of Services:____________________________________________________________
Description of Services:_______________________________________________________
Contact Person:______________________________________________________________
Address____________________________________________________________________
___________________________________________________________________________
Telephone Number:__________________________________________________________
Fax____________________________________Email_______________________________
Project Size:________________________________________________________________

-------------------------------------------------------------------------------------------------------------------------
VENDOR NAME______________________________________________________________________
ADDRESS___________________________________________________________________________
PRINTED SIGNATURE________________________________________________________________
AUTHORIZED SIGNATURE____________________________________________________________
PHONE #_____________________FAX#__________________DATE___________________________
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Exhibit G
PROPOSER CHECKLI ST

The items indicated are required for submission with your proposal. Failure to submit any items indicated as required
may result in rejection of the proposal. Offers to provide required items after the date and time designated for the
receipt of proposals will not be considered.

Required Not Required

One (1) original and nine (9) copies of proposal, CD Copy

Required Format (see page 17)
Letter of I ntroduction:
Table of Contents: Organized in the order cited in the format contained herein.
Qualifications and Experience: Demonstration of qualifications and experience to provide the services requested in
this RFP, including background and history, staff experience, transition history, and satisfactory past performance.
Project Approach: Clear and succinct description of how Proposer will perform the services requested in this RFP,
including descriptions of collection service, organizational structure (including subcontractors), approach to transition,
program promotion, and financial capability.
Price Forms: Fully completed and signed Price Form (Pg 18), including all pages of Price Sheet Pg. 19-24.
Required Forms: Signed and notarized proposer acknowledgement, Reference Form, and Compliance Form.


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Exhibit H
STATEMENT OF NO BI D


NOTE: If you do not intend to bid on this requirement, please return this form to:

Brevard County Purchasing Services
2725 J udge Fran J amieson Way, Bldg C Suite 303
Viera, FL 32940

WE the undersigned, have declined to propose on your Proposal No. P-4-12-23 for the following reasons:

_________Specifications too tight, i.e. geared toward one brand or Manufacturer only (explain below).

_________Insufficient time to respond to the Request for Proposals

_________We do not offer this product or equivalent.

_________Our product schedule would not permit us to perform.

_________Specifications unclear (explain below).

_________Remove our company from bid list.

_________Other (specify below).

We understand that if the no bid letter is not executed and returned, our name may be deleted from the vendor list for the
Brevard County Purchasing Service Office.

PLEASE PRINT COMPANY NAME_______________________________

COMPANY ADDRESS___________________________

COMPANY OFFICER____________________________

TELEPHONE NUMBER___________________________


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PERFORMANCE BOND



BY THIS BOND, We __________________________________, as Principal and
___________________________a corporation as Surety, are bound to Brevard County Board of County
Commissioners, Brevard County, Florida, herein called Owner, in the sum of
___________________________________ ($____________________), for payment of which we bind
ourselves, our heirs, personal representatives, successors, and assigned, jointly and severally.

THE CONDITIONS OF THIS BOND are that if Principal:

1. Performs promptly, completely and faithfully the contract dated ________________, 20___,
between Principal and Owner for supply and implementation of
the__________________________________, the contract being attached hereto and made a part
of this bond by reference, in such time and without delay, and in the manner prescribed in the
contract including the delivery, execution and performance of any warranty work required by the
contract; and

2. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate
proceedings, that Owner sustains because of a default by Principal under the contract; and

3. Performs the guarantee of all work and materials furnished under the contract for the time
specified in the contract, then this bond is void; otherwise it remains in full force.

Any changes in or under the contract documents and compliance or noncompliance with any
formalities connected with the contract or the changes does not affect Surety's obligation under this bond.

Signed and sealed this _______day of , 20___.

Witness:

Its:
(Principal) (Title) (Seal)

Witness:

______________________________ Its:
(Surety) (Title) (Seal)