REQUEST FOR PROPOSAL (RFP)

Transcription

1 HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS GENERAL SERVICES & PURCHASING REQUEST FOR PROPOSAL (RFP) The Board of County Commissioners, Highlands County, Sebring, Florida, will receive sealed proposals in the County Purchasing Department for: RFP RECYCLABLES TRANSFER & PROCESSING SERVICES AND Specifications may be obtained by downloading from our website: or by contacting: Danielle Gilbert, Interim Director, Highlands County General Services / Purchasing Department, 4320 George Blvd., Sebring, FL Telephone: ; Fax: , or by dgilbert@hcbcc.org Proposer qualification and selection shall be based on the evaluation process and criteria stated in the RFP. A Mandatory Pre-Proposal Meeting and site visit of the Desoto City Landfill Recycling Facility (DCLRF) and Highlands County Solid Waste Management Center (HCSWMC) will be held on November 10, 2011 at 9:00 A.M. The meeting will be held in the County Engineer s Training Room, (Annex Building) 505 S. Commerce Avenue, Sebring, Florida The site visits of the DCLRF and HCSWMC will immediately follow the pre-proposal meeting. Sufficient time will be provided for all interested parties to tour the DCLRF and HCSWMC, take photographs, speak with County staff, and ask relevant questions. Prospective PROPOSERS to this RFP should bring appropriate staff, such as engineers, to the site visit. Due to the scope and nature of the proposed project, Proposals received from any PROPOSER who did not attend the mandatory pre-proposal meeting and the DCLRF and HCSWMC site visits will be judged as nonresponsive and will not be considered for award. Proposal submissions must be sealed and marked with the name of the PROPOSER, and the RFP number and title RFP Recyclables Transfer & Processing Services And Provision Of Recycling Carts so as to identify the enclosed Proposal. Each submittal shall include one (1) original and ten (10) copies of the Proposal. Proposals must be delivered to Highlands County Purchasing Department, 4320 George Blvd., Sebring, FL , so as to reach said office no later than 2:00 P.M., January 11, 2012, at which time they will be opened. Proposals received later than the date and time as specified will be rejected. The BCC will not be responsible for 1

2 the late deliveries of Proposals that are incorrectly addressed, delivered in person, by mail or any other type of delivery service. One or more County Commissioners may be in attendance at the above Proposal opening. Highlands County Local Preference Policy will apply to the award of this Proposal. The Highlands County Board of County Commissioners reserves the right to accept or reject any or all Proposals or any parts thereof, and the award, if an award is made, will be made in the best interest of Highlands County. The BCC reserves the right to waive irregularities in the Proposal. The Board of County Commissioners of Highlands County, Florida, does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the BCC s functions, including one's access to, participation, employment or treatment in its programs or activities. Anyone requiring reasonable accommodation as provided for in the Americans with Disabilities Act or Section Florida Statutes should contact Mrs. Melissa Bruns, ADA Coordinator at: (Voice), or via Florida Relay Service 711, or by mbruns@hcbcc.org. Requests for Computer-Assisted Realtime Technology services or interpreter services should be made at least 24 hours in advance to permit coordination of the service. Board of County Commissioners Purchasing Department Highlands County, Florida Website: 2

3 REGISTRATION FOR: HIGHLANDS COUNTY BOARD OF COUNTY COMMISSIONERS RFP RECYCLABLES TRANSFER & PROCESSING SERVICES AND You MUST register using this form in order to receive notice of any addenda to these documents. Please fax the completed form to the Purchasing Department as soon as possible. It is the vendor s responsibility to verify if addenda have been issued. All addenda can also be found on the web: Special Instructions: A Mandatory Pre-Proposal Meeting and site visit of the DCLRF and HCSWMC will be held on November 10, 2011 at 9:00 A.M. The meeting will be held in the County Engineer s Training Room, (Annex Building) 505 S. Commerce Avenue, Sebring, Florida The site visits of the DCLRF and HCSWMC will immediately follow the pre-proposal meeting. Sufficient time will be provided for all interested parties to tour the DCLRF and HCSWMC, take photographs, speak with County staff, and ask relevant questions. Prospective PROPOSERS to this RFP should bring appropriate staff, such as engineers, to the site visit. Due to the scope and nature of the proposed project, Proposals received from any PROPOSER who did not attend the mandatory pre-proposal meeting and the DCLRF and HCSWMC site visits will be judged as non-responsive and will not be considered for award. Request for Information (RFI) Cut-Off Date: November 23, All RFI s must be in writing to Danielle Gilbert at dgilbert@hcbcc.org. Proposal Opening: Proposals must be delivered to Highlands County Purchasing Department, 4320 George Blvd., Sebring, FL ; no later than 2:00 P.M., January 11, 2012 at which time they will be opened. Proposals received later than the date and time as specified will be rejected. This form is for proposals registration only. PROPOSER REGISTRATION OR FAX THIS FORM BACK IMMEDIATELY DANIELLE GILBERT: dgilbert@hcbcc.org FAX: (863) Carefully complete this form and mail or fax it to the Purchasing Department. You must submit one form for each Proposal that you are registering for. Company Name: Contact Person: Mailing Address: City: State: Zip Code: Phone: Fax: 1

4 SECTION Table of Contents SECTION 1: INTRODUCTION/PURPOSE OF RFP... 5 SECTION 2: DEFINITIONS... 6 SECTION 3: GENERAL TERMS AND CONDITIONS... 9 SECTION 4: LOCAL PREFERENCE SECTION 5: BACKGROUND AND OVERVIEW SECTION 6: MINIMUM QUALIFICATIONS A. Technical Qualifications B. Financial Qualifications SECTION 7: SCOPE OF SERVICES A. Introduction B. Current Recycling Program C. Services D. Program Recyclables E. Minimum and Maximum Amount of Recyclables F. Location Options G. Facility Design, Construction, and Operations H. Household Hazardous Waste and Electronic Waste I. Recyclables Drop-Off Sites at Schools and Government Buildings J. Innovative Diversion Solutions K. Non-Program Recyclables L. Scheduled Receiving Hours M. Acceptance of Delivered Materials N. Scales O. Disposition of Recyclable Materials P. Rejects and Residue Q. Processing and Marketing R. Reporting S. Provision of Recycling Carts T. Recycling Cart Specifications U. Technical Information for Recycling Carts V. Recycling Cart Warranty W. Distribution of Carts for New Customers X. Requests for Additional Carts Page 2

5 Y. Replacement of Recycling Carts Damaged by the COUNTY s Contract Solid Waste Hauler Z. Replacement of Recycling Carts Lost or Damaged by Customer AA. Participation by Municipalities BB. Public Awareness Program SECTION 8: SPECIAL TERMS AND CONDITIONS A. Post Award Meeting B. Term of Contract C. Licenses and Certifications D. Valid Driver s Licenses E. Operations and Safety Training F. Subcontractors G. Substitution H. Performance Bond I. Services During and Following Emergency Conditions J. Title to Recyclables K. Vehicles and Equipment L. Spills of Fluids M. Annexations N. Change of Law O. Contractor Payment of Recyclable Materials P. Fuel Adjustment Q. Tonnage Adjustment R. Administrative Charges to CONTRACTOR for Failure to Perform S. Invoicing Administrative Charges to CONTRACTOR T. CONTRACTOR s Right to Contest Administrative Charges U. CONTRACT Termination V. Post Termination W. Payments After CONTRACT Termination for Cause X. Jurisdiction and Venue Y. Severability Z. Independent Contractor AA. Employment Eligibility Verification BB. Employees of the CONTRACTOR CC. Successors and Assigns DD. Availability of Funds EE. Certification SECTION 9: INSTRUCTIONS TO PROPOSERS A. Contact Person B. Questions C. Tentative Timeline D. Pre-Proposal Meeting and Site Visits E. Subsequent Site Visits 3

6 F. Submission of Proposals G. Financial Proposal Form H. Financial Proposal I. Litigation J. Criminal Convictions K. Independent Price Determination SECTION 10: PROPOSAL SUBMITTAL SECTION 11: EVALUATION CRITERIA AND SELECTION PROCESS A. Evaluation Criteria B. Selection Process C. Scoring D. Rights of the COUNTY APPENDICES Page APPENDIX A: FORMS... A-1 Proposers Statement of Acceptance of Contract Drug Free Workplace Form Conflict/No Conflict of Interest and Litigation Statement Acknowledgement of Addenda APPENDIX B: FINANCIAL PROPOSAL... B-1 Financial Proposal Form APPENDIX C: MAPS... C-1 Map of Urban Growth Area Map and Aerials of DCLRF Map and Aerials of HCSWMC Map of School and Government Building Recyclables Drop-Off Sites APPENDIX D: TABLES... D-1 Records of Recyclables for FY and FY APPENDIX E: SCORE SHEET... E-1 Sample Evaluation Score Sheet APPENDIX F: LETTER FROM KESSLER CONSULTING, INC... F-1 4

7 SECTION 1: INTRODUCTION/PURPOSE OF RFP The purpose for this Request for Proposals (the RFP ) is to solicit proposals for the following services (hereinafter referred to as SERVICES ), for the unincorporated area of the COUNTY (the UNINCORPORATED AREA ): A. Construct and operate a Recyclables Transfer Facility ( RTF ) at a designated facility (the DESIGNATED FACILITY ) within the COUNTY. B. Provide transfer, processing, and marketing of Program Recyclables, as generated by residential solid waste customers of the COUNTY and delivered by the COUNTY s contract solid waste hauler to the DESIGNATED FACILITY, and Non-Program Recyclables. C. Provide and distribute recycling carts to residential solid waste customers in the UNINCORPORATED AREA. D. Provide the option for municipalities of the COUNTY to purchase recycling carts and receive transfer, processing, and marketing services for Recyclables under the terms and conditions as set forth in the CONTRACT. E. Assume operation of the COUNTY s existing Household Hazardous Waste and Electronic Waste Programs. F. Collect, transfer, process, and market Recyclables from schools and government buildings currently operating drop-off sites for Recyclables. G. Implement a public awareness program to inform and encourage customers to implement single stream recycling. The COUNTY will only enter into a CONTRACT with a single CONTRACTOR to provide SERVICES described in this RFP. The initial term of the CONTRACT resulting from this RFP will end on September 30, The CONTRACT may be extended by the CONTRACTOR for an additional term of five (5) years, or for a lesser term mutually agreed upon by the CONTRACTOR and the COUNTY. To exercise this option, the CONTRACTOR shall deliver a request for extension in writing not more than two (2) years nor less than one (1) year prior to the expiration date of the CONTRACT. The CONTRACT may be renewed or extended by agreement of the CONTRACTOR and the COUNTY for additional terms not to exceed five (5) years each. The CONTRACTOR will be responsible for the complete fiscal, administrative, legal, and managerial responsibility for the provision of SERVICES. This RFP specifically excludes Recyclable Materials collection services. The COUNTY will not accept alternative Proposals that are outside the scope of this RFP. 5

8 SECTION 2: DEFINITIONS The terms used throughout this RFP are defined as follows: "Addenda" shall mean a written or graphic instrument issued by the COUNTY prior to the execution of the CONTRACT which modify or interpret the Request for Proposal by additions, deletions, clarifications, corrections or other type of modifications. Addenda will become part of the Contract Documents when the CONTRACT is executed. Board of County Commissioners or BCC shall mean the Board of County Commissioners of the COUNTY. Cart shall mean a wheeled cart suitable for use in manual or automated collection of Recyclables, as described in Section 7 of this RFP. Code shall mean Code of Ordinances, Highlands County, Florida. Collection shall mean the process whereby Recyclable Material is removed and transported to the DESIGNATED FACILITY. CONTRACT shall mean an agreement between the COUNTY and the CONTACTOR that is executed as a result of this RFP, including general terms and conditions, special terms and conditions, exhibits, and other documents that are expressly incorporated by reference, and any written amendments or modifications as expressly approved by the COUNTY and CONTRACTOR. "Contract Documents" shall mean the Request for Proposal, including Addenda to such, the CONTRACT, including Addenda to such, General Terms and Conditions, CONTRACTOR s Proposal, Scope of Services, Certificate(s) of Insurance, Notice of Intent to Award, Notice of Award, Notice to Proceed, Drawings and Specifications, PROPOSER's Hold Harmless Agreement, and any other documents mailed, ed or otherwise transmitted to the PROPOSER prior to or after the submittal of their Proposal, and prior to or after Award, all of which are all to be treated as one in the form of the Contract Documents. Contract Manager shall mean the person designated by the COUNTY who shall act as the COUNTY s representative during the term of the CONTRACT. "CONTRACTOR" shall mean the successful PROPOSER, in the context of this Request for Proposal. In the context of the Contract Documents, CONTRACTOR means any company, firm, partnership, corporation, association, joint venture, or other legal entity permitted by law to perform the SERVICES in the State of Florida. Such legal entity shall be the entity that enters into the CONTRACT with the COUNTY to perform the SERVICES for the Project described in the Contract Documents. The CONTRACTOR will have sole responsibility for the performance of the SERVICES covered under the CONTRACT that is awarded in conjunction with this RFP. COUNTY shall mean Highlands County, a political subdivision of the State of Florida. 6

9 Curbside Residential Recyclable Collection Service shall mean the collection by the COUNTY S contract solid waste hauler of Recyclable Materials placed at the curb from all customers in the unincorporated COUNTY, and the delivery of those Recyclable Materials to the DESIGNATED FACILITY. Customer shall mean a person directly receiving Solid Waste and Recyclable Materials Collection Service as provided by COUNTY Ordinance, meaning persons possessing or residing at a Residential Premise entitled to Solid Waste and Recyclable Materials Collection Service. DESIGNATED FACILITY shall mean either the DCLRF or the HCSWMC, as designated by the PROPOSER to which the COUNTY s contract solid waste hauler will deliver Recyclables. Materials Recovery Facility (MRF) shall mean any facilities operated or managed by, for, or on behalf of the COUNTY for the purpose of receiving, sorting, processing, storing, and/or preparing Program and Non-Program Recyclables for marketing or sale as specifically designated by the CONTRACT to which Program and Non-Program Recyclables are to be delivered or transferred. Mixed Paper shall be defined as a mixture of paper products including magazines, catalogues, phone books, cereal boxes, soda and beer can boxes, chipboard, file folders, envelopes, letter paper, junk mail, notebook paper and any other clean paper products. Non-Program Recyclables shall mean Recyclable Materials that do not originate from residential sources within the UNINCORPORATED AREA. "Notice of Intent to Award" shall mean a written notice submitted by the COUNTY notifying the successful PROPOSER that the COUNTY intends to award the project to them contingent upon the successful PROPOSER executing the CONTRACT and submitting any outstanding documents. "Pre-Proposal Meeting" shall mean a meeting at which PROPOSERS gather to obtain additional information as to the SERVICES required under this RFP. Program Recyclables shall mean Recyclable Materials collected by the COUNTY s contract solid waste hauler from residential customers in the UNINCORPORATED AREA and delivered to the DESIGNATED FACILITY. Program Recyclables include newspaper, magazines, old corrugated cardboard, telephone directories and other paper fiber products; aluminum beverage and food containers; steel, tin and bimetal cans; flint (clear), green and amber (brown) glass bottles and jars; plastic containers numbered #1-7; and other Recyclable Materials mutually agreed upon by the COUNTY and CONTRACTOR during the term of the CONTRACT. "Proposal" shall mean a written response to this Request for Proposal. 7

10 PROPOSER or Respondent shall mean any person or firm (corporation, soleproprietor, limited partnership, etc.) who submits a Proposal in response to this Request for Proposal. Public Awareness Program shall mean that program to be developed by the CONTRACTOR to inform and encourage solid waste customers to implement single stream recycling. Public Opening shall mean the opening of the Proposals and the announcing of the PROPOSERS in the presence of the public. Recovered Materials shall mean Recyclable Materials that have been diverted or removed from the solid waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing, but does not include materials destined for any use that constitutes disposal. Recyclable Materials (Recyclables) shall mean materials that are capable of being recycled and would otherwise be processed or disposed of as solid waste. Rejects shall mean materials, other than Residue, that cannot be processed into Recovered Materials. Residential Premise shall mean each and every lot or parcel of land that is improved for occupancy as a single family residence, duplex, triplex, quadraplex, or individuallyowned mobile home park not exceeding four (4) units. For purposes of calculating the number of Residential Premises, each dwelling unit shall constitute a separate unit. Residue shall mean that portion of the Recyclable Materials stream accepted by the CONTRACTOR that is not converted to Recovered Materials due to breakage and/or transportation or processing inefficiencies. SERVICES shall mean all supervision, labor, materials, equipment, supplies, subcontractors, and incidental expenses required by the PROPOSER to execute and complete the requirements of the scope of services outlined in the Contract Documents, including those prescribed or implied. Single Stream shall mean a recycling process that allows for Recyclable Materials to be collected commingled with no sorting required by residents, businesses or haulers other than the separation of Recyclables from municipal solid waste. Subcontractor shall mean an entity having a direct contract with the CONTRACTOR or with any other sub-contractor of the CONTRACTOR who will provide product(s) or service(s) for the performance of a part of the SERVICES required under the Contract Documents under the sole control and direction of the CONTRACTOR. Timeline shall mean the list of critical dates and actions involved in this RFP. UNINCORPORATED AREA shall mean the unincorporated area of the COUNTY. 8

11 SECTION 3: GENERAL TERMS AND CONDITIONS (Rev 09/2006) A. All responses shall become the property of the COUNTY. B. Florida Statutes , on Drug Free Work Place, (3) (a) on Public Entity Crimes, and Section , on Discrimination, as a whole and/or as shown below, will be complied with: , Preference to businesses with drug-free workplace programs: In order to have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contend ere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. NOTE: PLEASE INCLUDE YOUR DRUG FREE STATUS AS PART OF THE PROPOSAL SUBMITTAL , Public entity crime; denial or revocation of the right to transact business with public entities: 9

12 (2)(a) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list , Discrimination; denial or revocation of the right to transact business with public entities: (2)(a) An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract or provide goods and services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with a public entity. C. Responses are due and must be received in accordance with the instructions given in the announcement page. D. The COUNTY will not reimburse respondent(s) for any costs associated with the preparation and submittal of any responses. E. Respondents, their agents and associates shall refrain from contacting or soliciting any COUNTY Official and that contact may be made ONLY with the individual(s) listed in this document for additional information and clarification. F. Due care and diligence has been exercised in the preparation of this document and all information contained herein is believed to be substantially correct; however, the responsibility for determining the full extent of the service required rest solely with those making response. Neither the COUNTY nor its representative shall be responsible for any error or omission in the responses submitted, nor for the failure on the part of the respondents to determine the full extent of the exposures. G. All timely responses meeting the specifications set forth in this document will be considered. However, respondents are cautioned to clearly indicate any deviations from these specifications. The terms and conditions contained herein are those desired by the COUNTY and preference will be given to those responses in full or substantially full compliance with them. 10

13 H. Each respondent is responsible for full and complete compliance with all laws, rules and regulations including those of the Federal Government, the State of Florida and the COUNTY. Failure or inability on the part of the respondent to have complete knowledge and intent to comply with such laws, rules and regulations shall not relieve any respondent from its obligation to honor its response and to perform completely in accordance with its response. I. The COUNTY, at its discretion, reserves the right to waive minor informalities or irregularities in any responses, to reject any and all responses in whole or in part, with or without cause, and to accept that response, if any, which in its judgment will be in its best interest. J. Award will be made to the respondent whose submittal is determined to be the most advantageous to the COUNTY, taking into consideration those responses in compliance with the requirements as set forth in this document. The Board of County Commissioners reserves the right to reject any and all responses for any reason or make no award whatsoever or request clarification of information from the respondents. K. Any interpretation, clarification, correction or change to this document will be made by written addendum issued by the Highlands County Purchasing Department. Any oral or other type of communication concerning this document shall not be binding. L. Responses must be signed by an individual of the respondent s organization legally authorized to commit the respondent s organization to the performance of the product(s) and/or service(s) contemplated by this document. M. Unless otherwise stated in the specifications, the following Insurance Requirements must be met before delivery of goods and services: 1. Workers' Compensation Coverage is to apply for all employees for statutory limits in compliance with the law of the State of Florida and Federal laws. This policy must include Employer Liability with a limit of $100, each accident, $500, disease (policy Limit), and $100, disease (each employee). 2. Commercial General Liability Occurrence Form Required: CONTRACTOR shall maintain commercial general liability (CGL) insurance with a limit of not less than $3,000, each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this location/project in the amount of $3,000, Products and completed operations aggregate shall be $3,000, CGL insurance shall be written on an occurrence form and shall include bodily injury and property damage liability for premises, operations, independent contractors, products and completed operations, contractual 11

14 liability, broad form property damage and property damage resulting from explosion, collapse or underground (x, c, u) exposures, personal injury and advertising injury. Fire damage liability shall be included at $100, Commercial Auto Liability Insurance: CONTRACTOR shall maintain automobile liability insurance with a limit of not less than $3,000, each accident for bodily injury and property damage liability. Such insurance shall cover liability arising out of any auto (including owned, hired, and non-owned autos). The policy shall be endorsed to provide contractual liability coverage. 4. Builder s Risk Insurance (If Applicable) This coverage will be provided by all CONTRACTORS involved in the construction of a new building or the improvement, alteration, or renovation of an existing structure. This coverage should be considered automatic on projects involving new construction or major additions to existing structures. a. Builder s Risk coverage shall be ALL RISK with limits equal to 100% of the completed value of the structure(s), building(s), or addition(s). b. Waiver of Occupancy Endorsement to enable OWNER to occupy the facility under construction / renovation during such activity. c. Machinery / Equipment Endorsement when the CONTRACT calls for the installation of machinery or equipment, the policy must be endorsed to provide coverage during transit and installation. d. Deductible Clause the maximum deductible allowable under this coverage is $ per claim. e. Contractor s Proposal & Performance Bond coverage required for all public construction projects, and for those projects as determined by the General Services Director, or the Risk Manager, that presents significant financial risk to the County. 5. Special Requirements a. A copy of the PROPOSER s current certificate of insurance MUST be provided with the response to this RFP. A formal certificate shall be provided upon announcement that a CONTRACT has been awarded for the SERVICES as called for in this document. The Certificate(s) shall be signed by a person authorized by that insurer to bind coverage on its behalf. All Certificates of Insurance must be 12

15 on file with and approved by the COUNTY before commencement of any Work activities. "The formal insurance certificate shall also name "Highlands County, a political subdivision of the State of Florida and its elected officials, its agents, employees, and volunteers" as "Additional Insured" on all policies except Worker's Compensation." b. It is the responsibility of CONTRACTOR to ensure that all subcontractors comply with all insurance requirements. c. It should be remembered that these are minimum requirements which are subject to modification in response to high hazard operations. 6. Notice Requirements: The CONTRACTOR shall provide notification to the COUNTY by overnight delivery return receipt requested, hand delivery, or confirmed facsimile within three (3) days after giving or receiving notice of cancellation, modification, non-renewal, or any other lapse in coverage of any required insurance policies. 7. The PROPOSER understands that the CONTRACT shall include the following indemnification provision: The CONTRACTOR shall, in addition to any other obligation to indemnify the COUNTY and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the COUNTY, its elected officials, employees, agents, and volunteers from and against all claims, actions, liabilities, losses (including economic losses), costs, including attorneys' fees and all costs of litigation, and judgments of every name and description arising out of or incidental to the performance of this CONTRACT or work performed under or related to this CONTRACT, unless caused by the sole negligence of the COUNTY, its elected officials, employees, agents, or volunteers. Any cost or expenses, including attorney's fees (including appellate, bankruptcy or patent counsel fees), incurred by the COUNTY to enforce this Indemnification shall be borne by the CONTRACTOR. This Indemnification shall also cover all claims brought against the COUNTY, its elected officials, employees, agents, or volunteers by any employee of the CONTRACTOR, any subcontractor, or anyone directly or indirectly employed by any of them. The CONTRACTOR's obligation under this Indemnification shall not be limited in any way to the agreed upon contract price as shown in this CONTRACT or the CONTRACTOR's limit on or lack of sufficient insurance protection. Upon completion of all services, obligations and duties provided for in this CONTRACT, or in the event of termination of this CONTRACT for any reason, the terms and conditions of this Indemnification shall survive indefinitely." 13

16 N. Interlocal Agreements between the Board of County Commissioners, other State or County agencies, the Cities of Sebring and Avon Park, the Town of Lake Placid, and the Highlands County School Board, shall allow those entities to purchase goods and services through the COUNTY s CONTRACT so long as such purchases will not interfere with the timely delivery of SERVICES to the COUNTY in strict conformity with all specifications of its CONTRACT. The COUNTY reserves the right to direct the CONTRACTOR to prioritize its delivery services to the COUNTY ahead of delivery to other governmental entities purchasing under the COUNTY s CONTRACT. O. If submitting a response for more than one Request for Proposal, each Proposal must be in a separate envelope and correctly marked. P. Each Proposal must contain proof of enrollment in E-Verify. Q. BCC policy prohibits any County employee or members of their family from receiving any gift, benefit, and/or profit resulting from any contract or purchase. BCC policy also prohibits acceptance of gifts of any kind other than advertising novelties valued less than $ ADDITIONAL TERMS AND CONDITIONS All pages included in or attached by reference to this document shall be called and constitute the submittal as stated on the front page of this document. Vendors who will not be submitting a Proposal are requested to notify us and indicate why they are not responding to this RFP. Vendors who fail to respond to two or more consecutive announcements may be removed from the COUNTY s Vendor bidding list. 14

17 SECTION 4: LOCAL PREFERENCE BOARD ADOPTED PURCHASING MANUAL 08/13/2002 APPROVED 09/23/2008 SECTION 2 POLICIES - ADDITION OF SUBSECTION 110 LOCAL PREFERENCE 110 Local Preference Allowance of a Local Preference Intent and Purpose The intent and purpose of the Highlands County Local Preference in Purchasing is to establish a written policy that allows the authorized purchasing authority of the County to give a preference to local businesses Acknowledgements Any type of procurement done by the County staff to which the provisions of this subsection are being applied will contain a statement that a local preference will be used in the evaluation and award of that purchase Preference in Bidding In purchasing, or contracting for procurement of, tangible personal property, materials, contractual services, and construction of improvements to real property or existing structures, the authorized purchasing authority of the County will give a preference to local businesses in making such purchases or awarding such contracts, in an amount of five (5) percent of the total purchase price under $250,000.00; four (4) percent from $250, to less than $1,000,000.00; three (3) percent from $1,000, to less than $2,000,000.00; and two (2) percent for purchases $2,000, and over with a maximum cost differential that shall not exceed $80, For purposes of this subsection total purchase price shall include the base bid and all alternatives or options to the base bid which are being awarded by the authorized purchasing authority of the County Preference in (RFP) Requests for Proposals In purchasing, or contracting for procurement of, tangible personal property, materials, contractual services, and construction of improvements to real property or existing structures for which a request for proposals is developed with evaluation criteria, a local preference of not more than five (5) percent of the total score will be assigned for a local preference. Based upon analysis of the market place for each project, staff shall make a determination for inclusion of a local preference in the criteria for consideration for each request for proposal. 15

18 Notice All procurement documents including but not limited to bid documents and request for proposal documents shall include a notice to vendors of the County s Local Preference Policy Local Business Definition For purposes of this subsection, "local business" shall mean a business which: (1) Has had a fixed office or distribution point located in and having a street address within Highlands County for at least twelve (12) months immediately prior to the issuance of the request for quotations, competitive bids or request for proposals by the County; and (2) Holds any business license required by the County, and/or, if applicable, the Municipalities; and (3) Employs at least one full-time employee, or two part-time employees whose primary residence is in Highlands County, or, if the business has no employees, the business shall be at least fifty (50) percent owned by one or more persons whose primary residence is in Highlands County Certification Any vendor claiming to be a local business as defined by Section of this Manual, shall deliver a written certification to the County Purchasing Department. The certification shall certify that the business is a local business as that term is defined in Section of this Manual, shall provide all necessary information establishing that fact, and shall be signed under penalties of perjury. It is also the responsibility of any vendor claiming to be a local business, as defined by Section of this Manual, to include a copy of its certification in its bid or proposal. The Purchasing Department shall be required to verify the accuracy of any such certifications when determining whether a vendor meets the definition of a "local business." Exceptions to Local Preference Policy (a) The procurement preference set forth in this policy shall not apply to any of the following purchases or contracts: A. Goods or services provided under a cooperative purchasing agreement or interlocal agreement; B. Contracts for professional services procurement of which is subject to the (CCNA) Consultants Competitive Negotiation Act or subject to any competitive consultant selection policy or procedure adopted by or utilized by the Board of County Commissioners; 16

19 C. Purchases or contracts which are funded, in whole or part, by a governmental entity and the laws, regulations, or policies governing such funding prohibit application of that preference; D. Purchases made or contracts let under emergency or noncompetitive situations or for litigation related legal services. (b) Application of local preference to a particular purchase, contract, or category of contracts for which the Board of County Commissioners is the awarding authority may be waived upon written justification and recommendation by the County Administrator, Assistant County Administrator or General Services Purchasing Director. (c) The local preference established in this policy does not prohibit or lessen the right of the Board of County Commissioners and General Services Purchasing staff to compare quality or fitness for use of supplies, materials, equipment, and services proposed for purchase and to compare qualifications, character, responsibility, and fitness of all persons and entities submitting quotations, bids or proposals. (d) The local preference established in this policy does not prohibit the Board of County Commissioners from giving any other preference permitted by law, in addition to the local preference authorized in this policy Application and Enforcement of Preference Policy (a) The local preference established in this policy shall apply to new quotations, contracts and procurements solicited after the effective date of this policy. (b) This policy shall be implemented in a fashion consistent with otherwise applicable County purchasing policies and procedures Promulgation of Rules (a) The County Administrator, Assistant County Administrator, or General Services Purchasing Director are hereby authorized to adopt administrative rules supplemental to the provisions of this policy as deemed necessary and appropriate to implement the provisions of this policy. (b) The provisions of this policy and the rules adopted by the County Administrator, Assistant County Administrator, or General Services Purchasing Director shall be provided to potential bidders, vendors, and contractors to the widest extent practicable. 17

20 SECTION 5: BACKGROUND AND OVERVIEW The COUNTY encompasses an area of about 1,100 square miles with an official population of 98,786 (U.S. Census Bureau, 2010 Census). Roughly 87 percent of the COUNTY s population is located within the 194 square-mile Urban Growth Area depicted in Appendix C-1. In 1990, the COUNTY initiated mandatory refuse collection for residential units in the UNINCORPORATED AREA, excluding areas in the incorporated limits of the City of Avon Park, the City of Sebring, and the Town of Lake Placid. Approximately 78% of the total population of the COUNTY resides in the UNINCORPORATED AREA. Franchised solid waste collection service currently provides twice-weekly curbside refuse collection and twice-monthly curbside yard waste collection to residential customers. Recyclables generated by residents of the UNINCORPORATED AREA and incorporated areas are currently collected through a drop-off box program serviced by the COUNTY. Recyclables are taken to the DCLRF for processing. All collected refuse and yard waste is delivered to the HCSWMC. The municipalities of Avon Park, Sebring, and Lake Placid provide refuse and yard waste collection services for their respective residents. Currently, the average winter population is approximately 15 percent higher than the average summer population due to seasonal fluctuations. During the 2009 legislative session, the State Legislature amended Florida Statutes to establish a 75% recycling goal by the year In working toward that goal, the COUNTY is establishing a new solid waste management plan to address the State s recycling goals. To achieve the State goal, the COUNTY will be establishing a curbside collection single stream recycling program within the direct service area for solid waste collection. The service area consists of approximately 35,500 residences. The COUNTY s collection of Recyclables will be the responsibility of the COUNTY s contract solid waste hauler. Implementation of the curbside collection single stream recycling program will change the twice-weekly collection of residential municipal solid waste to continue two collections each week, but with one collection of residential municipal solid waste and one collection for Recyclables. Once the COUNTY implements comprehensive curbside recycling in the UNINCORPORATED AREA, the COUNTY could expect to recover 25% of the waste currently being disposed which would equate to an estimated 7,200 tons per year based on FY waste quantities. Note that this estimate is based on curbside recovery of fiber and containers and does not include organics such as yard trash. If the municipalities were to implement a similar residential program, the estimated recovery would be 9,500 tons per year. 18

21 Recyclables generated by commercial businesses in the UNINCORPORATED AREA will be collected by private commercial collection service providers. PROPOSERS are permitted to compete for those services; however, commercial collection service is out of the scope of services for this RFP. 19

22 SECTION 6: MINIMUM QUALIFICATIONS Each PROPOSER must demonstrate that it meets the minimum requirements listed below. Any PROPOSER that fails to provide the required information or that does not meet one or more of the minimum requirements may be disqualified. The COUNTY reserves the right to request additional information from a PROPOSER, and PROPOSER shall provide any requested information promptly. Demonstration of each PROPOSER s qualifications shall be accomplished through providing the following information: A. Technical Qualifications. 1. Each PROPOSER must demonstrate experience in the collection or transfer of Recyclable Material in Florida during the last five (5) years, with at least one existing or past contract for the collection or transfer of Recyclable Material with a comparable municipality or county with a minimum of 40,000 households and a minimum period of five (5) years of successful service. 2. Each PROPOSER must have and demonstrate the experience, capability and expertise to provide single stream Recyclables processing and marketing services. B. Financial Qualifications. 1. Each PROPOSER must provide a financial statement showing that it is financially stable and state that it is not in bankruptcy and has not recently declared bankruptcy. The statement shall include information as to current or prior bankruptcy proceedings and a copy of the last five (5) years of audited financial statements and reports. 2. The audited financial statement must include a balance sheet, income statement showing revenue from Recyclables transfer, processing, and marketing, and net revenues. 3. The report must include the opinion of a Certified Public Accountant, who has conducted an audit of the PROPOSER s books and records in accordance with generally accepted accounting standards which include tests and other necessary procedures, that the financial statements are fairly presented in all material aspects and in conformity with generally accepted accounting procedures. 4. Each PROPOSER shall submit a letter of commitment from a State of Florida licensed bonding company to provide the required Performance Bond, as specified in the Special Terms and Conditions. The letter of commitment from the bonding company shall state that it is committing to 20

23 bond the amount of $2,000, for the PROPOSER. The letter of commitment must be from Surety Company on Surety s letterhead. 21

24 SECTION 7: SCOPE OF SERVICES A. Introduction. The COUNTY is establishing a curbside collection single stream recycling program and is soliciting proposals for the transfer, processing, and marketing of Recyclable Materials collected by the COUNTY s contract solid waste hauler and delivered to the DESIGNATED FACILITY. Options for the DESIGNATED FACILITY include the DCLRF and the HCSWMC (see Maps in Appendix C). The COUNTY may provide additional recyclables delivered through other recycling programs. Using COUNTY-owned and CONTRACTORoperated scales, weight tickets will be issued for all out-bound vehicles, which will serve as basis for payment to the CONTRACTOR for SERVICES. As part of this RFP, the COUNTY is also seeking the provision and distribution of recycling carts to all residential customers in the UNINCORPORATED AREA. In addition, Proposals must allow the incorporated municipalities of the COUNTY to purchase carts and receive SERVICES specified in this RFP. As of the date of issuance of this Request for Proposals, no Highlands County municipality has officially agreed to participate in the COUNTY's recycling program. However, it is the COUNTY's policy to encourage such participation. From October 2010 through July 2011, there were approximately 35,500 residential solid waste customers served directly by the COUNTY. If the Highlands County municipalities elect to utilize the CONTRACT, the number of residential customers requiring carts and providing Recyclables for transfer could reach approximately 44,800. The estimated quantity of Recyclables to be collected from the COUNTY's residential solid waste customers is approximately 7,200 tons per year. If Highlands County municipalities elect to utilize the CONTRACT, the quantity of Recyclables delivered for transfer could reach approximately 9,500 tons per year. Additional Recyclables tonnage may be moved through the DESIGNATED FACILITY if commercial businesses elect to participate. Recyclables generated by commercial businesses in the UNINCORPORATED AREA will be collected by private commercial collection service providers. PROPOSERS are permitted to compete for those services; however, commercial collection service is out of the scope of services for this RFP. B. Current Recycling Program. The COUNTY currently provides a network of recycling drop-off sites throughout the COUNTY where residents and businesses can recycle. The COUNTY recycling program also includes schools and government buildings. Recyclables from the drop-off sites are consolidated at the DCLRF. Appendix D includes a Table of Monthly Recyclables data for FY and In addition to Recyclables, the COUNTY has implemented a program for the collection and disposal/recycling of special wastes such as electronic waste and household hazardous waste. The 22

25 COUNTY s current program provides residents with the opportunity to properly dispose of their household hazardous and electronic waste by holding two scheduled collections per year, one each in the spring and fall. Residents may also drop of such waste to the DCLRF during regular operating hours. Approximately 6,000 residents use this service annually. C. Services. PROPOSERS are to submit Proposals for the following SERVICES: 1. Construct and operate a Recyclables Transfer Facility (RTF) at the DESIGNATED FACILITY. 2. Provide transfer, processing, and marketing of Program Recyclables, as generated by residential solid waste customers of the COUNTY and delivered by the COUNTY s contract solid waste hauler to the DESIGNATED FACILITY, and Non-Program Recyclables. 3. Provide and distribute recycling carts for residential solid waste customers in the unincorporated areas of the COUNTY. 4. Provide the option for municipalities of Highlands County to purchase recycling carts and receive transfer, processing, and marketing services for Recyclables under the terms and conditions as set forth in the CONTRACT. 5. Assume operation of the COUNTY s existing Household Hazardous Waste (HHW) and Electronic Waste (EWaste) Programs. 6. Collect, transfer, process, and market recyclables from schools and government buildings currently operating drop-off sites for Recyclables. 7. Implement a public awareness program to inform and encourage customers to implement single stream recycling. D. Program Recyclables. The Program Recyclables will consist primarily of the following materials: 1. Newspaper, 2. Magazines, 3. Old corrugated containers and cardboard, 4. Telephone directories, hardback books, and other paper fiber products (mixed paper), 5. Plastic containers (#1-7), 23

26 6. Aluminum beverage and food containers, 7. Steel, tin and bimetal cans, and 8. Flint (clear), green and amber (brown) glass bottles and jars. This list constitutes the materials that must be accepted, transferred, and processed by the CONTRACTOR. Other Recyclable Materials may be added or deleted from this list if mutually agreed upon by the COUNTY and CONTRACTOR. E. Minimum and Maximum Amount of Recyclables. The COUNTY will have delivered by its contract solid waste hauler all Recyclables collected from the COUNTY's residential customers throughout the duration of the CONTRACT, but the COUNTY does not guarantee any minimum or maximum quantity of Recyclables. F. Location Options. The PROPOSER must identify which of the following locations will serve as the DESIGNATED FACILITY where the COUNTY s Program Recyclables will be delivered by the COUNTY s contract solid waste hauler. The DESIGNATED FACILITY will serve as an RTF. 1. DCLRF. The existing 30 x 11 Toledo model 7560 platform scale with 120,000 lb capacity at the facility is a single scale that is used for both inbound and out-bound measurements. The scale shall be upgraded at the CONTRACTOR s cost and must interface with the software at the HCSWMC. 2. HCSWMC. The existing scale system at the facility consists of separate in-bound and out-bound scales. Both scales are Toledo model 7560 platform scales with 120,000 lb capacity. G. Facility Design, Construction, and Operations. The CONTRACTOR will be required to design and construct an RTF. The ownership of all personal property, equipment, and improvements made by the CONTRACTOR will transfer to the COUNTY at the conclusion of the CONTRACT including any term extensions. The RTF will serve as a transfer station where the COUNTY s contract solid waste hauler will deliver Recyclables. The CONTRACTOR will then transport the Recyclables to another facility off-site for processing and marketing. The CONTRACTOR will be required to: 1. Obtain all required permits, licenses and government approvals necessary to construct and operate the facility; 24

27 2. Construct any improvements as required, including upgrades to the existing scales as required; 3. Purchase all required processing and material handling personal property and equipment upgrades; 4. Pay all utility costs associated with operations of the DESIGNATED FACILITY for the provision of SERVICES; and 5. Provide all labor required for Recyclable Materials processing and marketing. 6. Allow the COUNTY to assign tare weights to each CONTRACTOR transfer vehicle and paint an assigned vehicle number and/or install a decal on each CONTRACTOR transfer vehicle. 7. Transfer Recyclables from the RTF to the specified MRF no less frequently than biweekly (every two weeks). 8. Provide the COUNTY a minimum of one hour notice prior to transferring Recyclables. 9. Assume all costs of managing, operating, and maintaining the RTF during the term of the CONTRACT. 10. Secure the RTF site, including materials, from vandalism and intrusion. H. Household Hazardous Waste (HHW) and Electronic Waste (EWaste). The CONTRACTOR must assume operation of the COUNTY s HHW and EWaste programs. Within the Proposal, PROPOSERS may include alternative strategies or programs to address HHW and EWaste. The proposed strategy or program should include at a minimum the ability for residents to continue to properly dispose/recycle HHW and EWaste. 1. The CONTRACTOR may use the COUNTY s existing contractual agreement with Clean Harbors Environmental Services and the COUNTY s hazardous waste storage building at the DCLRF. In addition, other buildings owned by the COUNTY located at the DCLRF are available to meet the needs of these two programs. 2. If PROPOSERS choose the HCSWMC to host the HHW and EWaste Programs, the Proposal must indicate any necessary site improvements to allow for the operation of these programs. 3. PROPOSERS may include, as part of their Proposal, a referral/information service to address proper disposal for businesses which have been 25

28 determined by the Florida Department of Environmental Protection to have the status of Small Quantity Generators and Conditionally Exempt Small Quantity Generators of hazardous waste. I. Recyclables Drop-Off Sites at Schools and Government Buildings. PROPOSERS must include, as part of their Proposal, the collection, transfer, processing, and marketing of Recyclables collected at twenty-four (24) sites, which include schools and government buildings where Recyclables are currently collected. A location map of those sites is shown in Appendix C. In addition, bins must be provided at each site. Any bins provided under the CONTRACT will remain the property of the CONTRACTOR at the conclusion of the CONTRACT including any term extensions. J. Innovative Diversion Solutions. 1. PROPOSERS may include, as part of their Proposals, innovative diversion solutions that will assist the COUNTY in reaching the State s seventy-five percent (75%) recycling goal by Such solutions might include, but are not limited to, mixed waste processing, composting, or other technologies designed to divert materials from disposal. For the purposes of this RFP, this does not include waste conversion technologies (e.g., waste-to-energy, gasification, pyrolysis, etc). K. Non-Program Recyclables. If Non-Program Recyclables are to be delivered to the DESIGNATED FACILITY, the hauler will not pay the adopted tipping fee in effect at the time of delivery for every in-bound ton. The same method of weighing, reporting, and payment as Program Recyclables shall apply. L. Scheduled Receiving Hours. The DESIGNATED FACILITY shall be open and available to receive single stream Program Recyclables and Non-Program Recyclables Monday through Friday of each week between the hours of 7:30 A.M. and 5:15 P.M., Eastern Time, except when the HCSWMC is closed for designated holidays, or as otherwise adopted by the COUNTY. M. Acceptance of Delivered Materials. Beginning on the CONTRACT commencement date, the CONTRACTOR shall accept deliveries of Program Recyclables and Non-Program Recyclables per the following: 1. The single-stream Recyclables may be delivered by a variety of different trucks including, but not limited to, packer trucks, roll-off trucks, tractortrailer transfer vehicles, rear-discharging tilt-bed and side-discharging tiltbed collection vehicles, and self-haul vehicles. 26

29 2. The CONTRACTOR shall ensure a turn-around time of no more than twenty (20) minutes for the COUNTY s contract solid waste hauler s vehicles. 3. The CONTRACTOR shall identify and maintain adequate records of all Program Recyclables, separate from Non-Program Recyclables, delivered to the DESIGNATED FACILITY. N. Scales. If the CONTRACTOR chooses to operate at the DCLRF, scales and weighing of materials shall be as follows: 1. The CONTRACTOR shall maintain certified scales that are tested at least annually by a scale company registered with the Florida Department of Agricultural and Consumer Services. 2. The scales must interface with the software at the HCSWMC. 3. The CONTRACTOR shall provide the COUNTY the right to make unannounced visits to the CONTRACTOR s scalehouse to observe weighing activities or to place an observation device in the scalehouse as long as such device does not interfere with the CONTRACTOR s operations. O. Disposition of Recyclable Materials. Disposition of Recyclable Materials shall adhere to the following: 1. Unless the CONTRACTOR has prior authorization from the COUNTY, the CONTRACTOR shall not dispose of and/or landfill any Recyclables or Recovered Materials processed pursuant to the CONTRACT. 2. The CONTRACTOR shall not knowingly, or without reasonable assumption, sell Recyclables or Recovered Materials to another agent that landfills or disposes of material other than through recycling. 3. The limitations of this subsection do not apply to Rejects and Residue. P. Rejects and Residue. The CONTRACTOR, at its cost and expense, is responsible for the disposal of all Rejects and Residue generated from the processing of Recyclables. It must be understood that there will be some amount of Rejects and Residue and the CONTRACTOR must be equipped to do such sorting as necessary to render the Recyclables marketable. 1. The CONTRACTOR shall dispose of all Rejects and Residue generated at the DESIGNATED FACILITY and shall pay the posted tipping fee in effect at the time of disposal for every ton disposed. 27

30 2. The COUNTY reserves the right to inspect and approve for disposal all Rejects and Residue prior to disposal. Q. Processing and Marketing. Processing and marketing of Recyclables shall be as follows: 1. The CONTRACTOR shall furnish all supplies and safety equipment necessary to successfully and safely receive and process all Recyclable Materials delivered to the DESIGNATED FACILITY, and to store and market Recyclable Materials. 2. The CONTRACTOR is responsible for and shall bear all costs associated with marketing Recyclable Materials. R. Reporting. Quarterly, the CONTRACTOR will provide to the COUNTY a Certified Materials Dealer Certification Report Form showing the quantity of material recovered and other information required in State of Florida Administrative Code (1) and (2). The Report shall include all Recyclable Materials recovered from Highlands County including Program and Non-Program Recyclables. The Report will be provided within 90 days of the end of each quarter. S. Provision of Recycling Carts. 1. CONTRACTOR shall provide wheeled recycling carts to each of the COUNTY s residential solid waste customers in the UNINCORPORATED AREA prior to initiation of Recyclables collection, to each new residential customer, and to customers requesting additional carts. The PROPOSER must describe the proposed source and specification of carts in compliance with the standards listed in this section. 2. The Initial distribution of recycling carts will be made to the addresses provided to the CONTRACTOR by the COUNTY. 3. The title to these carts shall be vested with the COUNTY. 4. Each Residential Premise shall initially receive one (1) gallon recycling cart, but may request an additional recycling cart at the customer s expense. 5. Carts shall meet the specifications listed in this Section. 6. The CONTRACTOR shall distribute carts to customers in accordance with the schedule established in the CONTRACT. 28

31 7. The CONTRACTOR will be responsible for keeping accurate records of each cart initially distributed to residential customers. A record must be submitted to the COUNTY in electronic format and include the address to which each cart was distributed. 8. The COUNTY will facilitate coordination between the COUNTY s contract solid waste hauler and the CONTRACTOR for notifying solid waste customers of the schedule for curbside recycling pick-up. T. Recycling Cart Specifications. 1. The wheeled recycling carts will be procured in gallon size with medium/dark forest green body and matching lid. 2. Each cart will consist of a body, lid, wheels, axle, and necessary accessories. 3. Each cart will be provided with adequate wheels and handle so that it can be pushed or pulled with little effort. 4. Each cart will be designed to be suitable for automated, semi-automated, or rear loader collection. 5. Each cart will be fitted with a steel or composite material lower stop bar. The bar must be corrosion resistant, minimum of one (1) inch outside diameter. To avoid potential damage by cart lifting devices, any fasteners required to secure the lower stop bar in place must be positioned inside the actual body of the cart. 6. Each cart will be designed with two (2) plastic molded or rubber wheels at least 10-inches in diameter and a minimum width of 1.75 inches with treads, knobby or grooved or a combination of both. 7. The cart axles shall not require bolt holes through the cart body to eliminate potential leakage of liquids, escaping odors, or entry of insects. 8. Each cart will be furnished with a hinged lid such that the lid hinges will be located on the rear wheeled side of the cart. The lids will be connected with fasteners located inside the cart body. The lid shall be non-ventilated and of the same material as cart body. 9. The cart body and lid must be manufactured using a rotational molding or injection molding process using only first quality, fully-recyclable, high or medium density polyethylene from a nationally recognized brand supplier, and will meet current American National Standards Institute standards Z Compatibility Dimensions and for Z Safety Requirements for B/G waste containers, minimum resin weight of 22 29

32 pounds for the gallon carts, and ultraviolet/color inhibitor - cart must be stabilized against ultraviolet rays with color pigment and ultraviolet inhibitor with combined weight of at least two percent of total cart resin weight. 10. All fasteners will be designed to maintain their original appearance and perform their original function for the duration of the carts warranty. 11. All nuts will be self-locking, capped type N in order to prevent removal with ordinary tools by the public and to minimize the possibility of personal injury. 12. Plastic covers will be provided on all metal bolts on the outside of the cart body. 13. All metal fasteners and/or hardware will be coated so as to prevent rusting. The coating should be approximately the same color of the cart or a color such that the fasteners and/or hardware are not obvious. 14. All metal parts will be rust resistant. 15. The cart body will be embossed with white letters on side - "Recyclables Only, No Hazardous Waste, Solid Waste, or Yard Waste," the recycling symbol, and load rating; and the cart will be embossed in white letters on lid - "Keep Lid Closed." 16. The cart body will be embossed with white letters on side - "Property of Highlands County, Florida." As an alternative to Property of Highlands County, Florida, the carts may include the COUNTY logo. This requirement does not apply to those carts that may be purchased by the municipalities of Avon Park, Sebring, and Lake Placid under the terms and conditions of the CONTRACT. U. Technical Information for Recycling Carts. 1. PROPOSER will provide copy of manufacturer's technical data sheet with the Proposal. 2. CONTRACTOR will supply a sample of the color for approval by the COUNTY within five (5) working days after the CONTRACT is awarded. V. Recycling Cart Warranty. The PROPOSER must submit with its Proposal the warranty offered for the carts. The PROPOSER will fully guarantee the performance of the carts and all of its parts and warrant them against defects in materials and workmanship for a minimum period of ten (10) years from the date of delivery. 30

33 1. The warranty will be unconditional and non-prorated, providing the COUNTY with an assurance of full replacement of any component parts that fail in materials or workmanship for a minimum period of ten (10) years after delivery. 2. The PROPOSER will guarantee continuous availability of a complete inventory of all replacement parts for the duration of the warranty beginning no later than the first day delivery commences. 3. All carts and associated warranty will be the property of the COUNTY. 4. The PROPOSER s warranty is understood to include, whether stated in the PROPOSER s warranty or not, the following coverage: a. Failure of the lid to prevent rain water from entering the cart when in the closed position. b. Damage to the cart body, lid, or any component parts through opening or closing the lid. c. Failure of the lower lift bar from damage during interface with lifters. d. Failure of the body and lid to maintain their original shape. e. Damage or cracking of the cart body through normal operating conditions. f. Failure of the wheels to provide continuous, easy mobility, as originally designed. g. Failure of any part of the cart to conform to minimum standards as specified herein. 5. Any cart or component parts that do not conform to the technical requirements or that fail by reason of inadequate or improper materials, defective workmanship, insufficient resistance to weathering or for any other cause whatsoever other than negligence or abuse will be replaced within five (5) working days. 6. The CONTRACTOR will not be responsible for damage or loss of carts due to vandalism, abuse, neglect, theft, or acts of God subsequent to delivery, and acceptance by the COUNTY. To the extent that the cart conforms to the requirements within this RFP, the CONTRACTOR will not be responsible for damage or loss due to fire. 31

34 7. Any cart, including any component part that does not continuously perform in the intended manner as set forth in this RFP, does not comply with the minimum Cart Design Requirements (ANSI Z and Z ), or does not continuously perform in the intended way of any and all design features, will be considered defective in material, workmanship, and/or design and will be covered by the terms of the warranty. 8. Any such defective carts will be replaced at no cost to the COUNTY by a cart which meets or exceeds the requirements within this RFP. All costs associated with the replacement of such defective carts, including transportation and labor costs for re-deployment of the replacement cart to the residence will be borne solely by the CONTRACTOR. 9. In the event that any component parts have been manufactured and supplied to the CONTRACTOR by a subcontractor, the COUNTY will consider the CONTRACTOR as the manufacturer regarding product liability and the COUNTY s rights under the terms and conditions of this warranty. 10. In the exercise of its rights under the terms and conditions of this warranty, the COUNTY reserves the right to make any claims, economic or other, against the awarded CONTRACTOR in any court of law for any and all occurrences whatsoever. 11. Any replacement carts will meet or exceed the original requirements and will be manufactured with new or previously used parts and virgin and/or post-consumer materials. Each replacement cart will be delivered and distributed to the customer as directed by the COUNTY. Any component parts will be warranted for the remaining years of the warranty period. Any cart delivered by the CONTRACTOR which fails within the warranty period will be replaced and will be warranted for the remaining years of the warranty period. 12. The COUNTY must approve cart design, specifications, and appearance for ease of use and suitability for deployment prior to production. W. Distribution of Carts for New Customers. 1. The COUNTY shall notify the CONTRACTOR of new addresses to which the CONTRACTOR will distribute recycling carts. 2. The CONTRACTOR will provide and distribute a cart for each new customer within five (5) working days of notification by the COUNTY. 32

35 3. The CONTRACTOR will be responsible for keeping accurate records of each cart distributed to new customers. Records must be submitted to the COUNTY in electronic format and include the address to which each cart was distributed. X. Requests for Additional Carts. 1. The COUNTY shall notify the CONTRACTOR of addresses for customers who have requested an additional cart. 2. The CONTRACTOR will provide and distribute an additional cart to the residential customer, at the customer s expense, within five (5) working days of notification by the COUNTY. 3. The CONTRACTOR will be responsible for collecting payment from the customer for additional carts. The amount to be paid by the customer shall not exceed that of the replacement cart unit price as listed in the CONTRACT. 4. The CONTRACTOR will be responsible for keeping accurate records of each cart distributed to customers requesting additional carts. Records must be submitted to the COUNTY in electronic format and include the address to which each cart was distributed. Y. Replacement of Recycling Carts Damaged by the COUNTY s Contract Solid Waste Hauler. 1. The CONTRACTOR will replace at the COUNTY s expense any cart damaged through the fault or negligence of the COUNTY s contract solid waste hauler or its employees. 2. Replacement carts are to be provided by the CONTRACTOR to the residential customer within five (5) working days of notification by the COUNTY. 3. The CONTRACTOR will be responsible for keeping accurate records of each cart distributed due to damage by the COUNTY s contract solid waste hauler. Records must be submitted to the COUNTY in electronic format and include the address to which each cart was distributed. Z. Replacement of Recycling Carts Lost or Damaged by Customer. 1. Where carts are damaged due to abuse by the customer and therefore not covered by warranty, the CONTRACTOR will notify the COUNTY of abuse claim and the COUNTY may inspect. The CONTRACTOR will supply to the residential customer, at the customer s expense, a replacement cart within five (5) working days after abuse claim is reported to the COUNTY. 33

36 2. Where carts are lost by the customer, the CONTRACTOR will supply to the residential customer, at the customer s expense, a replacement cart within five (5) working days of notification by the COUNTY. 3. The CONTRACTOR will be responsible for collecting payment from the customer for replacement carts. The amount to be paid by the customer shall not exceed that of the replacement cart unit price as listed in the CONTRACT. 4. The CONTRACTOR will be responsible for keeping accurate records of each cart distributed due to loss or damage by the customer. Records must be submitted to the COUNTY in electronic format and include the address to which each cart was distributed. AA. Participation by Municipalities. The CONTRACTOR will provide the municipalities of Avon Park, Sebring, and Lake Placid the option to purchase recycling carts under the terms and conditions stated in the CONTRACT. Municipalities in Highlands County may deliver Recyclables to the DESIGNATED FACILITY and the CONTRACTOR shall transfer, process, and market such material in accordance with the terms and conditions contained in the CONTRACT. BB. Public Awareness Program. PROPOSERS will be required to develop and implement a public awareness program for the COUNTY s recycling program. PROPOSERS must include with their Proposals a description of the proposed public awareness program and the method of distribution. Sample materials may be provided. 34

37 SECTION 8: SPECIAL TERMS AND CONDITIONS After the successful PROPOSER is selected, the CONTRACT shall be negotiated. The following special terms and conditions, in full or in part, will become part of the CONTRACT. Any changes, additions, or deletions must be mutually agreed upon by the COUNTY and the CONTACTOR. A. Post Award Meeting. Within 10 days after receipt of notification of award, CONTRACTOR will meet with the COUNTY's representative to finalize working procedures and schedule, including the designation of the COUNTY's Contract Manager and the CONTRACTOR's Project Manager and Backup Project Manager. CONTRACTOR shall provide Contract Manager's and Backup Project Manager's names, addresses, telephone numbers, emergency telephone numbers, and addresses to the COUNTY's Contract Manager. B. Term of Contract. The initial term of the CONTRACT will end on September 30, The CONTRACT may be extended by the CONTRACTOR for an additional term of five (5) years, or for a lesser term mutually agreed upon by the CONTRACTOR and the COUNTY. To exercise this option, the CONTRACTOR shall deliver a request for extension in writing to the BCC not more than two (2) years nor less than (1) year prior to the expiration date of the CONTRACT. The CONTRACT may be renewed or extended by agreement of the CONTRACTOR and the COUNTY for additional terms not to exceed five (5) years each. C. Licenses and Certifications. The CONTRACTOR shall be required to submit proof of licenses or certifications as required by the COUNTY, State, and Federal government. D. Valid Driver's Licenses. Each vehicle driver or equipment operator shall at all times carry a valid Florida driver's license for the type of vehicle or equipment that is being operated. E. Operations and Safety. The CONTRACTOR shall provide operating and safety training for all personnel, and personnel shall not scavenge Recyclables. F. Subcontractors. The PROPOSERS are required to submit with their Proposals a list of proposed subcontractors. The information provided must include contact name, address, phone number, fax number, type of organization, FEIN, number of years in business, a description of the tasks and work to be provided by the subcontractor, and the percentage of work to be performed by the subcontractor for each task. Subcontractors may not be changed by the PROPOSER without the prior written consent of the COUNTY. If this information is not submitted, the Proposal may be rejected. 35

38 G. Substitution. The CONTRACTOR shall not be allowed to substitute project team members named in the CONTRACTOR s Proposal without the prior written permission of the COUNTY. H. Performance Bond. The CONTRACTOR shall furnish to the COUNTY a Performance Bond executed by a Surety Company licensed to do business in the State of Florida. The Performance Bond shall be in the amount of $2,000, and must be renewed or replaced annually for the term of the CONTRACT including any term extensions. The form of this Bond, and the Surety Company, must be acceptable to the COUNTY and shall be maintained during the term of the CONTRACT. The Bond shall be endorsed to show the COUNTY as payee or beneficiary under the Bond, and shall provide that Bond shall not be canceled, limited, or non-renewed until after thirty (30) days written notice has been given to the COUNTY. A current Performance Bond evidencing required coverage must be on file at all times. The COUNTY shall be entitled to draw down the amount of the Bond in accordance with provisions of the CONTRACT. The Surety Company shall be responsible for any damages resulting from failure to perform or default under the CONTRACT by the CONTRACTOR. The Surety Company shall also be responsible for any increases or extensions to the CONTRACT. The attorney-in-fact who signs the Bond must send with the Bond a certificate and effective dated copy of power of attorney. The Performance Bond form must be properly executed by the Surety Company and CONTRACTOR within ten (10) days after receipt of notification from the COUNTY of its intent to award the CONTRACT. Under no circumstances shall the CONTRACTOR begin work until the CONTRACTOR has supplied the COUNTY with a Performance Bond. If the Surety Company on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any State where any part of the SERVICES are to be provided or it ceases to meet the requirements imposed by the Contract Documents, the CONTRACTOR shall within five (5) days thereafter substitute another Bond and Surety, both of which must be acceptable to the COUNTY. I. Services During and Following Emergency Conditions. 1. Variances from CONTRACTOR s SERVICES. In the event of any emergency or natural disaster, such as a hurricane, tornado, severe storm, or flood, the COUNTY's Contract Manager may grant the CONTRACTOR a variance from the CONTRACTOR s SERVICES. The COUNTY shall coordinate with the COUNTY's contract solid waste hauler and make every effort through the local media to inform the public of changes in collection or CONTRACTOR s SERVICES resulting from the event and when regular service will be resumed. 2. CONTRACTOR Unable to Provide SERVICES. In the event that the CONTRACTOR is unable to provide adequate SERVICES during and 36

39 following emergency conditions, the COUNTY may direct another contractor to provide SERVICES. In such case, the COUNTY reserves the right to deduct the cost from a payment to the CONTRACTOR for all costs and charges in connection with the provision of SERVICES for which CONTRACTOR is obligated under the CONTRACT to provide. J. Title to Recyclables. CONTRACTOR shall assume title to Recyclables upon receipt of weight tickets of out-bound transfer vehicles. K. Vehicles and Equipment. CONTRACTOR shall be fully responsible for maintaining and operating vehicles and equipment required for distributing recycling carts and transferring Recyclables. L. Spills of Fluids. Vehicle and equipment crews shall immediately place absorbent material onto spilled fluids. The absorbent material shall be picked up and disposed of in a manner and facility approved by competent authority. The CONTRACTOR shall notify the Contract Manager of the spill within 24 hours and be responsible for paying all costs associated with transportation and disposal of the absorbent material whether at the COUNTY facilities or other facilities. Remediation and costs of all damage caused by the CONTRACTOR or its personnel, including environmental damage, from spillage of fluids, including hydraulic fluid or other fluids or other materials or wastes released from CONTRACTOR's trucks or equipment, will be the responsibility of the CONTRACTOR. The COUNTY retains the right to determine the successful completion of all required remediation. M. Annexations. The COUNTY does not guarantee the delivery of Recyclables from any area that is annexed into an existing incorporated municipality. N. Change of Law. The parties understand and agree that the Florida Legislature from time to time has made comprehensive changes in solid waste management legislation that affects recycling, and that these and other changes in law in the future, whether federal, state or local, which mandate certain actions or programs for counties or municipalities may require changes or modifications in some of the terms, conditions, or obligations under the CONTRACT. Nothing contained in the CONTRACT shall require any party to perform any act or function contrary to law. To the extent that any law effective after the effective date of the CONTRACT is in conflict with, or requires changes in, the provision of SERVICES to be provided under the CONTRACT, the parties agree to enter into good faith negotiations to make any such changes in the CONTRACT required by any change in law. O. Contractor Payment for Recyclable Materials. The CONTRACTOR shall pay the COUNTY monthly, by the 10th day of each month for Recyclable Materials transferred during the preceding month. The monthly payment amount for Recyclables shall be the amount for Recyclables less the amount for new carts 37

40 or replacement carts required due to damage by the COUNTY s contract solid waste hauler. Each monthly payment shall contain the following information: 1. Number of tons of Recyclables, taken as the sum of out-bound tonnages shown on weight tickets generated at the DESIGNATED FACILITY and issued to the CONTRACTOR during the calendar month. 2. The Average Market Value per ton of single stream Recyclables using the composition contained in this RFP or an approved composition study and calculated according to the method shown on the Financial Proposal Form. 3. The subtotal for Recyclables, calculated at follows: the subtotal from subparagraph 2. above minus a $50.00 contractor fee then multiplied by the subtotal from subparagraph 1. above. 4. Number of carts distributed to new customers and the address to which each cart was distributed. 5. Number of carts distributed due to loss or abuse not covered by warranty, nature of abuse (if applicable) reason why not covered by warranty, and the address to which each cart was distributed. 6. Number of carts replaced under warranty and the address to which each cart was distributed. 7. The CONTRACT amount (unit price) per cart. 8. The subtotal for carts, calculated as follows: the number of carts distributed to new customers or for replacement (but not those carts that are covered under warranty or those carts paid for or to be paid for by the customer) multiplied by the CONTRACT unit price per cart. 9. The total payment owed to the COUNTY, if applicable, and calculated as follows: the subtotal from subparagraph 3. above minus the subtotal from subparagraph 8. above. 10. If the total payment owed to the COUNTY is negative, the COUNTY shall pay the CONTRACTOR within 30 days of receipt. If the COUNTY disputes an amount, the COUNTY shall notify the CONTRACTOR in writing within 15 days of receipt. The COUNTY shall pay the CONTRACTOR within 15 days of resolution of any such dispute. P. Fuel Adjustment. The CONTRACTOR s financial proposal may be renegotiated if the cost of fuel changes (increases or decreases) by more than 20% from the fuel cost at the date of the CONTRACT. The cost of the fuel shall be adjusted 38

41 upward or downward on a percentage basis at each one (1) year anniversary commencing after the CONTRACT date. The fuel cost used to determine the change will be that which is listed in the US Energy, Information Administration Weekly Retail On-Highway Diesel Prices web page: by using the Lower Atlantic prices for that week. Q. Tonnage Adjustment. If Program Recyclables tonnages increase or decrease by more than 20% per annum after the first year, the COUNTY retains the right to renegotiate the contractor fee. R. Administrative Charges to CONTRACTOR for Failure to Perform. CONTRACTOR shall pay the following administrative charges for failure to perform in accordance with the provisions of the CONTRACT: 1. Failure to meet the schedule for initial distribution of recycling carts to be mutually agreed upon and designated within the CONTRACT - $1, per day. 2. Failure to deliver new or replacement carts within five working days of notification by the COUNTY - $50.00 per incident. 3. Failure to transfer Recyclables at least biweekly (every two weeks) - $ per occurrence plus $ per each additional day until Recyclables are transferred. S. Invoicing Administrative Charges to CONTRACTOR. The COUNTY will notify the CONTRACTOR in writing of the COUNTY s intent to invoice the CONTRACTOR for any administrative charges. The COUNTY shall provide to the CONTRACTOR an itemized list of each instance in which CONTRACTOR failed to satisfactorily provide the SERVICES specified in the CONTRACT, including the nature of the failure, date, time, location, and any other available and applicable information. Such itemized list will be provided to the CONTRACTOR monthly within forty-five (45) days of the occurrence. T. CONTRACTOR s Right to Contest Administrative Charges. In the event the CONTRACTOR wishes to contest any administrative charges it shall, within five (5) days after receiving such notice, request in writing an opportunity to be heard by the Contract Manager and present its explanation and any basis on which the CONTRACTOR believes any recorded failure to provide SERVICES is inaccurate. The Contract Manager shall notify the CONTRACTOR in writing of any action taken with respect to the CONTRACTOR s claim. CONTRACTOR may further appeal, in writing, the decision of the Contract Manager to the COUNTY Administrator, whose decision will be final. 39

42 U. CONTRACT Termination. 1. The CONTRACT shall terminate under any of the following circumstances: a. Expiration of the initial term of the CONTRACT on September 30, 2015 unless extended pursuant to subsection B. above or upon expiration of any subsequent extension or renewal as provided for in subsection B. above; or b. Termination by the County pursuant to the provisions of subsection U.2. below, as a result of the CONTRACTOR s failure to satisfactorily provides SERVICES specified herein; or c. Default by the CONTRACTOR by the occurrence of any of the following events: 1) The filing of a voluntary petition under Federal Bankruptcy Code or consenting to the appointment by the Court of a receiver or trustee of all or a substantial portion of the property or business of the CONTRACTOR, or the making by the CONTRACTOR of any arrangement with or for the benefit of its creditors involving an assignment to a trustee, receiver, or similar fiduciary, regardless of how described, of all or a substantial portion of the CONTRACTOR s property or business; or 2) A final adjudication of the CONTRACTOR as bankrupt after the filing of any involuntary petition under the Bankruptcy Code, except that no such adjudication is final unless and until the same is no longer being contested by the CONTRACTOR or until an order of adjudication is no longer applicable; or 3) The CONTRACTOR s failure to comply with local, state, and federal environmental regulations pertaining to the transfer, processing, and marketing of Recyclable Materials and the disposal of Rejects and Residue. d. By mutual agreement of the parties. 2. In the event that the CONTRACTOR fails to satisfactorily provide SERVICES specified in the CONTRACT, the COUNTY shall notify the CONTRACTOR in writing of the alleged deficiencies or defects in the performance of its duties under the CONTRACT. The CONTRACTOR shall have fifteen (15) days from receipt of such notice to correct the deficiencies or defects or to request, in writing, a hearing before the BCC. Within sixty 40

43 (60) days of receipt of a request for hearing or from the failure of the CONTRACTOR to correct the alleged deficiencies or defects, the BCC shall meet and determine whether the CONTRACTOR has failed to satisfactorily provide SERVICES in the CONTRACT. The CONTRACTOR shall be given written notice by personal service or by certified mail of the meeting and shall have the opportunity to be heard. The BCC shall consider the matter and determine whether the CONTRACTOR has failed to satisfactorily provide SERVICES specified in the CONTRACT, and, if established, whether such failure constitutes sufficient grounds for termination of the CONTRACT. In considering whether the alleged deficiencies or defects constitute sufficient grounds for the termination of the CONTRACT, the BCC may consider all relevant matters, including but not limited to: the prior service of the CONTRACTOR, the harm or potential harm that occurred or could have occurred from the deficiency or defect, and previous valid complaints that have been filed against the CONTRACTOR. The CONTRACTOR shall be permitted to submit any relevant evidence. The BCC shall render its written decision with twenty (20) days, and if the hearing was requested in writing by the CONTRACTOR, the BCC shall allow the CONTRACTOR fifteen (15) days to correct the deficiencies or defects unless it finds that the health, safety, or welfare of the public is endangered, in which case the BCC shall allow such time as it deems appropriate. A copy of the BCC s decision shall be provided to the CONTRACTOR by certified mail. If the BCC determines that the CONTRACT shall be terminated, it shall set forth in the written decision the basis for such termination. The termination shall be effective on the date of the written decision to terminate the CONTRACT or on the day following the last day allowed by the BCC for correcting all deficiencies and defects if all deficiencies and defects have not yet been corrected. In the event that the CONTRACT is terminated by the BCC, the CONTRACTOR shall have the right to seek a judicial review of such action within thirty (30) days of termination. V. Post Termination. In the event of termination by the COUNTY for any cause, the CONTRACTOR will have, in no event, any claim against the COUNTY for lost profits or compensation for lost opportunities. After a receipt of a Termination Notice and except as otherwise directed by the COUNTY, the CONTRACTOR shall: 1. Stop SERVICES on the date and to the extent specified. 2. Terminate and settle all orders and subcontracts relating to the performance of the terminated SERVICES. 3. Transfer all SERVICES in process, completed SERVICES, and other materials related to the terminated SERVICES as directed by the COUNTY. 41

44 4. Continue and complete all parts of SERVICES that have not been terminated. If the CONTRACTOR's failure to perform the CONTRACT arises from causes beyond the control and without the fault or negligence of the CONTRACTOR, the CONTRACT shall not be terminated for default. Examples of such causes include acts of the public enemy, acts of a government in its sovereign capacity, fires, floods, epidemics, and unusually severe weather. W. Payments After CONTRACT Termination for Cause. Upon the occurrence of any event of default, all obligations on the part of the COUNTY to make any further payments of funds pursuant to the CONTRACT shall if the COUNTY so elects, terminate, but the COUNTY may make any payments or parts of payments after the happening of any event of default without thereby waiving the right to exercise any remedy which it may have without becoming liable to make any further payment. X. Jurisdiction and Venue. Any legal action by either party against the other concerning the CONTRACT shall be filed in Highlands County, Florida, which shall be deemed proper jurisdiction and venue for the action. Y. Severability. Should any material provision, word, sentence or phrase, of the CONTRACT be stricken by a court of competent jurisdiction, or the occurrence of any court rendering any provision of the CONTRACT void, the COUNTY shall have the right to terminate the CONTRACT or, at the COUNTY s option, require renegotiation of that portion of the CONTRACT that has been stricken in order to negotiate a mutually acceptable replacement language consistent with the ruling of the court. For any other provisions of the CONTRACT, the invalidity, illegality, or unenforceability of any provision of the CONTRACT, or the occurrence of any event rendering any portion or provision of the CONTRACT void, shall in no way affect the validity or enforceability of any other portion or provision of the CONTRACT. Any such void provision shall be deemed severed from the CONTRACT and the balance of the CONTRACT shall be construed and enforced as if the CONTRACT did not contain the particular portion or provision held to be void. As to these other provisions, the parties further agree to reform the CONTRACT to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this subsection shall not prevent the entire CONTRACT from being void should a provision which is of the essence of the CONTRACT, at the option of the COUNTY, be determined to be void. 42

45 Z. Independent Contractor. The CONTRACTOR shall perform its duties under the terms and provisions of the CONTRACT as an independent contractor, and nothing herein shall be construed to be inconsistent with this relationship or status. No part of the CONTRACT shall in any way be construed or interpreted to constitute the CONTRACTOR or any of its agenda or employees as the agent, employee, or representative of the COUNTY. AA. Employment Eligibility Verification. 1. Definitions. As used in this paragraph Employee assigned to the CONTRACT means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under the CONTRACT. An employee is not considered to be directly performing work under the CONTRACT if the employee a. Normally performs support work, such as indirect or overhead functions; and b. Does not perform any substantial duties applicable to the CONTRACT. Subcontract means any contract entered into by a subcontractor to furnish supplies or services for performance of the CONTRACT or a subcontract under the CONTRACT. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. Subcontractor means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for the CONTRACTOR or another subcontractor. United States, as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. 2. Enrollment and verification requirements. a. The CONTRACTOR must be enrolled in E-Verify at time of execution of the CONTRACT, and the CONTRACTOR shall use E- Verify to initiate verification of employment eligibility of 1) All new employees. a. Enrolled 30 calendar days or more. The CONTRACTOR shall initiate verification of employment eligibility of all new hires of the CONTRACTOR, who are working in the State of Florida, whether or not assigned to the 43

46 CONTRACT, within 3 business days after the date of hire; or b. Enrolled less than 30 calendar days. Within 30 calendar days after enrollment in E-Verify, the CONTRACTOR shall initiate verification of employment eligibility of all new hires of the CONTRACTOR who are working in the State of Florida, whether or not assigned to the CONRACT, within 3 business days after the date of hire. 2) Employees assigned to the CONTRACT. For each employee assigned to the CONRACT, the CONTRACTOR shall initiate verification of employment eligibility, to the extent allowed by the E-Verify program, within 30 calendar days after date of execution of the CONTRACT or within 30 days after assignment to the CONTRACT, whichever date is later. b. The CONTRACTOR shall comply, for the period of performance of the CONTRACT, with the requirements of the E-Verify program MOU. Termination of the CONTRACTOR s MOU and denial of access to the E-Verify system by the Department of Homeland Security or the Social Security Administration or the U.S. Citizenship and Immigration Service is an event of default under the CONTRACT. 3. Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the U.S. Citizenship and Immigration Service s Web site: 4. Individuals previously verified. The CONTRACTOR is not required by this paragraph to perform additional employment verification using E-Verify for any employee whose employment eligibility was previously verified by the CONTRACTOR through the E-Verify program. 5. Subcontracts. The CONTRACTOR shall include, and shall require the inclusion of, the requirements of this paragraph, including this subparagraph 5. (appropriately modified for identification of the parties), in each subcontract that includes work performed in the United States under the CONTRACT. BB. Employees of the CONTRACTOR. All SERVICES provided under the CONTRACT shall be performed in a professional and skillful manner. The COUNTY may require, in writing, that the CONTRACTOR remove from the CONTRACT any employee the COUNTY deems incompetent, careless, or otherwise objectionable. 44

47 CC. DD. EE. Successors and Assigns. The COUNTY and the CONTRACTOR each binds itself and its partners, successors, executors, administrators and assigns to the other party of the CONTRACT and to the partners, successors, executors, administrators and assigns of such other party, in respect to all covenants of the CONTRACT. Except as above, neither the COUNTY nor the CONTRACTOR shall assign, sublet, convey or transfer its interest in the CONTRACT without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of the COUNTY which may be a party hereto, nor shall it be construed as giving any rights or benefits hereunder to anyone other than the COUNTY and the CONTRACTOR. Availability of Funds. The obligations of the COUNTY under this CONTRACT are subject to the availability of funds lawfully appropriated for its purpose by the State of Florida and the Board of County Commissioners, or other specified funding source for this procurement. Certification. CONTRACTOR certifies by signing the CONTRACT that no Commissioner or employee of the Highlands County Board of County Commissioners has solicited or accepted gratuities, favors, or anything of monetary value from CONTRACTOR or parties to subcontract. CONTRACTOR and subcontractors shall not pay any gratuities, favors, or anything of monetary values to any Commissioner or employee of the Highlands County Board of County Commissioners. 45

48 SECTION 9: INSTRUCTIONS TO PROPOSERS A. Contact Person. The designated contact for this RFP shall be: Danielle K. Gilbert, Interim Director General Services / Purchasing Department Highlands County Board of County Commissioners 4320 George Blvd., Sebring, FL Tel: ; Fax: , dgilbert@hcbcc.org Engineer of Record (EOR) and Contract Manager: Ramon D. Gavarrete, P.E., County Engineer Engineering Department Highlands County Board of County Commissioners 505 S. Commerce Ave., Sebring, FL Tel: ; Fax: , rgavarre@hcbcc.org B. Questions. Any questions or requests for information shall be made in writing and directed to Danielle Gilbert via the address, mailing address, or fax number listed above. Questions or requests for information shall be received on or before November 23, C. Tentative Timeline. Phase Description Date Advertisement October 23, 2011 Mandatory Pre-Proposal Meeting Responses Due Committee Scoring of Vendors PROPOSER Presentations (if required) & Selection CONTRACT Negotiations November 10, 2011 (9:00 A.M.) January 11, 2012 (2:00 P.M.) 3 weeks 2 weeks 5 weeks Submit CONTRACT to Board for Approval 3 weeks 46

49 D. Pre-Proposal Meeting and Site Visits. A Mandatory Pre-Proposal meeting and site visit of the DCLRF and HCSWMC will be held on November 10, 2011 at 9:00 A.M. The meeting will be held in the County Engineer s Training Room, (Annex Building) 505 S. Commerce Avenue, Sebring, Florida The site visits of the DCLRF and HCSWMC will immediately follow the pre-proposal meeting. Sufficient time will be provided for all interested parties to tour the DCLRF and HCSWMC, take photographs, speak with COUNTY staff, and ask relevant questions. PROPOSERS to this RFP should bring appropriate staff, such as engineers, to the site visit. Due to the scope and nature of the proposed project, Proposals received from any PROPOSER who did not attend the mandatory preproposal meeting and the DCLRF and HCSWMC site visits will be judged as non-responsive and will not be considered for award. E. Subsequent Site Visits. PROPOSERS may make subsequent site visits to the DCLRF and the HCSWMC. Any subsequent site visits must be scheduled with the Engineer of Record/Contract Manager. PROPOSERS may be required to be accompanied by COUNTY staff during subsequent site visits. F. Submission of Proposals. Proposal submissions must be sealed and marked with the name of the PROPOSER, and the RFP number and title RFP Recyclables Transfer & Processing Services And Provision Of Recycling Carts so as to identify the enclosed Proposal. Each submittal shall include one (1) original and ten (10) copies of the Proposal. Proposals must be delivered to Highlands County Purchasing Department, 4320 George Blvd., Sebring, FL , so as to reach said office no later than 2:00 P.M., January 11, 2012, at which time they will be opened. Proposals received later than the date and time as specified will be rejected. The Board of County Commissioners will not be responsible for the late deliveries of Proposals that are incorrectly addressed, delivered in person, by mail or any other type of delivery service. G. Financial Proposal Form. PROPOSERS shall utilize the Financial Proposal Form included with this RFP for submitting pricing information. No substitutes will be permitted. All pages of the Financial Proposal Form must be submitted. Proposals that do not comply with this condition are subject to rejection. Proposals shall be typed in black ink or printed in blue ink. Erasures, or the use of typewriter correction fluid or tape is acceptable, however, such corrections must be initialed by the PROPOSER signing the Financial Proposal Form. The absence of this procedure may render the Proposal non-responsive and rejected. All blanks on the Financial Proposal Form must be completed. If there is no charge for any specific item noted on the Financial Proposal Form, PROPOSERS shall indicate such by entering "no charge". The name of the individual signing the Financial Proposal Form must be printed below the signature. The address, telephone number, and facsimile 47

50 number for communications regarding the Proposal must be indicated. Proposals must be executed in the PROPOSER's registered company name and be executed by an officer of the company who has the authority to bind the PROPOSER. The signature must be made in blue ink to show that it is an original. If the Financial Proposal Form is not executed, the Proposal will be rejected. H. Financial Proposal. The Financial Proposal shall be firm for a period of one hundred twenty (120) calendar days, or until award has been made, whichever occurs first. Financial Proposals shall factor in costs, as the PROPOSER deems proper, for all labor, materials, supplies, equipment, subcontractors, insurance, bonds, overhead, profit and any other costs to provide the SERVICES as noted in this RFP, including the cost for recycling carts. The Financial Proposal shall include all applicable sales and use taxes. Discrepancies in the mathematical equations on the form will be verified by the Purchasing Section. Discrepancies will be resolved in favor of the verified total. I. Litigation. PROPOSERS must list any litigation in which the PROPOSER has been involved during the last three years relating to residential solid waste and Recyclables collection or transfer of Recyclable Material. The list shall state the name of the case, date originally filed, location, names of litigants, nature of the litigation, and the outcome or status of the case, including monetary or other awards. Where greater than fifty percent of the ownership in the PROPOSER is held by another company, the list must include litigation of the parent company. Any PROPOSER that has demonstrated an excessive incidence of litigation may be disqualified. J. Criminal Convictions. Each PROPOSER must list any criminal convictions of the company, owners, or officers of the company. The list shall state the name of the individual, crime for which convicted, date of conviction, location, and penalty. Also, list any open criminal charges that have been filed against the company, owners, or officers of the company. K. Independent Price Determination. By submission of a Proposal, the PROPOSER certifies that in connection with this procurement: 1. The prices in this Proposal have been arrived at independently, without consultation, collusion, communication, or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other PROPOSER or with any competitor; 2. Unless otherwise required by law, the prices which have been quoted in this Proposal have not been knowingly disclosed by the PROPOSER and will not knowingly be disclosed by the PROPOSER prior to opening, directly or indirectly to any other PROPOSER or to any competitor; and, 48

51 3. No attempt has been made or will be made by the PROPOSER to induce any other person or firm to submit or not to submit a Proposal for the purpose of restricting competition. 49

52 SECTION 10: PROPOSAL SUBMITTAL The following criteria are shown and shall include all PROPOSERS subcontractors information and must be submitted in a tabbed format. For a Proposal to be eligible, the format must be strictly followed. During this RFP process, any intentional omissions, alterations, or false representations will be grounds for rejection of any Proposal. MBE/WBE/DBE businesses are encouraged to participate. The COUNTY strictly enforces open and fair competition in its Requests for Proposals. A public entity crimes statement may be requested of any awarded PROPOSER. During the RFP process, questions or requests for additional information concerning this RFP shall be directed to the designated contact for this RFP as listed in Section 9 and not to selection committee members or elected officials and shall be in written format ( , fax, letter, etc). To facilitate effective evaluation by the COUNTY, Proposals are to be a maximum of sixty-five (65) pages. MBE/WBE/DBE certification(s), audited financial statements and reports, index documentation, sectional dividers, and front and back covers will not be counted toward the total. An executive summary, not to exceed three additional pages, may also be included in the Proposal. Late Proposals will be returned unopened or will be destroyed if advised by PROPOSER in writing. The Proposal must include a response to each heading and any subheading and be constructed in the following tabbed format. TAB A: INTRODUCTION A. Executive Overview (optional) B. Proposal Contents TAB B: QUALIFICATIONS AND EXPERIENCE A. TECHNICAL QUALIFICATIONS AND EXPERIENCE 1. Provide a description of all (but not more than 5) collection or transfer of Recyclable Material contracts serviced in the last five (5) years. The contracts listed must include at least one (1) that meets the minimum qualifications listed in Section 6.A.1. of this RFP and, preferably, at least three (3) from the State of Florida. For each contract, show the name of the municipality or project owner, address, description of services provided and the number of residential units, dates of service, revenues from contract in United States currency, and the name, title, affiliation, address, and telephone number of the project owner or contract manager. 2. If different than above, provide three (3) references, preferably public sector customers, for which the PROPOSER has provided services similar to those required in this RFP, preferably within the last five (5) years. 50

53 Reference information should include a contact person, title, affiliation, address, telephone number, address, and a summary of the services provided. 3. Provide documentation that the PROPOSER meets the minimum qualifications specified in Section 6.A.2. of this RFP. Explain the PROPOSER s relevant experience in the operation of an RTF, and where applicable, MRF operations and Recovered Materials marketing. Provide narratives describing the operation and list quantities of Recyclables transferred, and where applicable, processed and marketed. 4. Explain the PROPOSER s relevant experience in retrofitting or design and construction of RTFs, and if applicable, MRFs. Provide narratives, diagrams/drawings, proposed and actual costs, and proposed and actual start dates for other similar projects. B. FINANCIAL QUALIFICATIONS 1. Provide documentation that the PROPOSER meets the minimum financial qualifications as specified in Section 6.B. of this RFP. 2. Provide a description of the resources currently available to the PROPOSER, or demonstrate that PROPOSER has the financial capability to acquire the necessary resources, to provide the SERVICES outlined in this RFP. State how the resources will be deployed and demonstrate that the resources are or will be sufficient to meet the requirements for which the PROPOSER is submitting a Proposal. If the PROPOSER chooses to demonstrate the financial capability to acquire the necessary resources, the PROPOSER shall provide a statement of financial capability and a detailed plan of action showing the type, quantity, and cost of equipment the PROPOSER intends to acquire and the type and number of employees to be hired. PROPOSERS must show that the funds available as shown in the financial capability statement will be sufficient for the proposed acquisitions, hiring, and all other expenses. TAB C: TECHNICAL PROPOSAL A. Location. Provide the selected location of the RTF (either the DCLRF or the HCSWMC) to be utilized to provide the required single stream transfer services. B. Facility Description. Describe the proposed service options for Recyclable Materials transfer, including a discussion of the facility's design and any proposed retrofits that demonstrate the facility has adequate material storage capacity to efficiently accept and transfer the COUNTY s Program Recyclables and anticipated Non-Program Recyclables. 51

54 C. Drawings. Provide conceptual drawings of the retrofitted or new facility, including proposed equipment diagrams and material flow diagrams. D. Traffic Flow. Explain onsite traffic flow and materials unloading to demonstrate that a 20-minute turn-around time is feasible. If applicable, estimate the additional traffic flow anticipated to the DCLRF or HCSWMC and explain onsite traffic flow. Include a description of any road improvements necessary to achieve the proposed traffic flow. E. Construction Schedule. Provide information regarding the construction plans and a schedule for completion. F. Phased Transition Plan. Provide a phased transition plan that includes the date the COUNTY s single stream Program Recyclables will be accepted at the DESIGNATED FACILITY. If the Proposal involves facility upgrades or construction at the DCLRF, indicate whether the PROPOSER is able to and will continue the COUNTY s existing recycling, HHW, and EWaste programs during the construction phase at the DCLRF. G. Non-Program Recyclables. Describe and estimate the amount of Non- Program Recyclables anticipated to be received and transferred at the RTF. H. Innovative Diversion Solutions. If applicable, explain any additional innovations or facility design features, beyond transfer and processing of single stream Recyclables that will divert additional MSW from disposal. The cost and expense of all proposed innovations or facility design features must be solely funded by the PROPOSER. Proposals should provide an estimated diversion rate for any innovative diversion solutions proposed. I. Drop-Off Sites and Bins. Describe the method of collection for Recyclables at the twenty-four (24) drop-off sites. J. Method of Operations. Describe the method for transferring Recyclables, including operation of the DESIGNATED FACILITY, the type and number of vehicles used to transfer recyclables, and the loading procedure. K. Multiple Options. If providing responses to more than one option contained in this RFP, each alternative shall be clearly separated within the Proposal and shall include a separate Financial Proposal Form. L. MRF. Specify the MRF(s) to which the recyclables will be delivered. The PROPOSER must identify the MRF(s), including name and address, to which the Recyclables will be delivered and provide a letter indicating either that facility is owned by the PROPOSER or the willingness of the MRF to accept Recyclables from the PROPOSER. 52

55 M. Carts. Indicate the proposed make and design of recycling carts as specified in Section 7 of this RFP. N. Cart Storage and Warranty. Indicate method and location for cart warehousing and procedure for honoring warranty provisions. O. Cart Distribution. Describe the method for cart distribution. P. Schedule. List the schedule for cart acquisition and distribution. Q. HHW and EWaste Programs. Describe the proposed method of operations for addressing HHW and EWaste. If applicable, describe alternative strategies to be implemented. R. Public Awareness Program. Provide a description of the proposed public awareness program and the method of distribution. Sample materials may be provided. S. Commencement. List the date that the PROPOSER commits to providing SERVICES. T. Exceptions. List any specific proposed exceptions to SERVICES described in this RFP, if applicable, or state that no exceptions are proposed. TAB D: FINANCIAL PROPOSAL A PROPOSER is required to complete and submit a Financial Proposal Form for each option proposed. The Financial Proposal Form includes the following: A. Revenue for Recyclables. The CONTRACTOR shall pay the COUNTY monthly for all out-bound Recyclables transferred from the DESIGNATED FACILITY. The payment per ton of Recyclables shall be a percentage, as proposed by the CONTRACTOR, of the Average Market Value (AMV) of a ton of the COUNTY s Recyclables less a fifty dollar ($50.00) contractor fee. The AMV is defined as the sum of the regional average commodity prices (U.S. Dollar per Ton) posted on the first week of the month for the Southeast USA in SecondaryMaterialsPricing.com and SecondaryFiberPricing.com indexes, multiplied by the estimated composition percentages of the COUNTY s Recyclables, as defined in Table 1. The Recyclables composition in Table 1 is based on the average makeup of the COUNTY s current Program Recyclables collected during FY and FY (excluding the month of September 2011). The AMV is intended to be used as a market index and does not necessarily reflect the commodity revenue received by the CONTRACTOR. A contractor fee of fifty dollars ($50.00) is then deducted from the AMV. PROPOSERS are to insert what percentage of the remaining amount (AMV less $50.00) will be paid to the 53

56 COUNTY for each ton of out-bound Recyclables transferred from the DESIGNATED FACILITY. If, at any time, the AMV is less than $50.00, no payment will be due from the COUNTY to the CONTRACTOR. Appendix B attached to this RFP provides an example of the AMV calculation for September 2011 and sample revenue calculation with assumed tons and percent revenue share. Table 1 Highlands County Recyclables Composition Percentages and Market Indices for Calculating the Average Market Value Material Plastics #1-#7 Aluminum Cans Steel Cans Description Baled, cent/lb picked up Sorted, baled, cent/lb picked up Sorted, loose, dollar/ton delivered Market Index September 2011 Market Value ($/Ton) Material % Average Market Value ($/ton) 11.5 $ % $ $1, % $ $ % $1.33 OCC Dollar/ton $ % $58.56 Glass Mixed Paper* 3 mix, dollar/ton delivered 5.0 $ % $0.29 Dollar/ton $ % $ % $ *Includes office paper, magazines, newspapers, kill books, and phone books. B. Composition Study. It is anticipated that the CONTRACT will permit the CONTRACTOR to conduct a study to obtain a current measurement of the composition of Recyclables utilized to calculate the AMV. If the COUNTY approves such study, the final methodology and selection of an Independent Third Party to conduct the study must be approved by the COUNTY. The cost of such study shall be the CONTRACTOR s responsibility unless otherwise agreed upon by the COUNTY. Study results are subject to final approval by the COUNTY. If approved, adjustments to the composition percentages shall become effective for the following month and the remainder of the CONTRACT, 54

57 or until further adjusted in a future composition study. The COUNTY may require Mixed Paper to be subdivided within future composition studies. C. Non-Program Recyclables. The PROPOSER shall indicate the tons of Non- Program Recyclables it anticipates receiving annually. In addition, the PROPOSER shall provide the COUNTY information regarding how certain it is of delivery of these Non-Program Recyclables (e.g., tons secured under current contracts or customers). D. Innovative Diversion Solutions. If proposing an innovative diversion solution, the PROPOSER must provide any alternate financial pricing Proposal related to such solution; however, alternate pricing scenarios for Proposals that include solely single stream processing will not be considered. E. Additional Financial Incentives. The PROPOSER should clearly explain any additional financial incentives offered to the COUNTY as part of its Proposal for Innovative Diversion Solutions, if applicable. F. Carts. The PROPOSER shall indicate a unit price for replacement recycling carts on the Financial Proposal Form. TAB E: COMPLETED FORMS A. Executed PROPOSER's Statement of Acceptance of CONTRACT B. Proof of enrollment in E-Verify C. Executed Drug-Free Workplace Form D. Completed Conflict/No Conflict of Interest and Litigation Statement with attached documentation, if necessary, as required in Section 9.I. and J of this RFP. E. Completed Acknowledgement of Addenda F. MBE/WBE/DBE certification(s), if applicable 55

58 SECTION 11: EVALUATION CRITERIA AND SELECTION PROCESS Evaluation and selection will occur in accordance with the tentative schedule in Section 9 of this RFP or at a time and place to be determined. Proposals that are non-responsive to all requirements of this RFP shall be rejected and shall not be submitted to the Selection Committee (Committee) for evaluation. A. Evaluation Criteria. The specific proposal evaluation criterion and maximum point allocation established for this RFP are, as follows: Qualifications and Experience Technical Qualifications and Experience 10 Financial Qualifications 10 Technical Proposal 30 Financial Proposal Revenue Share (Percentage) 45 Unit Cart Price 5 Subtotal 100 points Presentation 10 Total 110 points B. Selection Process. Proposals shall be reviewed by an appointed Committee and scored based upon the RFP Evaluation Criteria. Each Committee member shall perform their own independent scoring based upon the Criteria herein and the highest scoring firms shall be determined by the total score off all Committee members. The selection process shall be open to the public and records shall be maintained in accordance with Florida Records Retention requirements. After receipt and review of the Proposals and at the discretion of the COUNTY and Committee, high-scoring PROPOSERS may be asked to give short presentations as part of the selection and scoring process. Negotiations of the CONTRACT for SERVICES shall follow the initial selection process with the highest scoring firm. Should satisfactory contract not be achievable with the highest scoring PROPOSER, then the next highest PROPOSER shall be contacted and negotiations shall begin with each highest scoring firm and so on. Procurement and contracting of all SERVICES shall conform to all Board, State, and Federal requirements. After negotiations, the recommended firm and CONTRACT will be submitted for review by the County Administrator and BCC Attorney prior to submittal to the BCC. Reviewed CONTRACT will be placed on a BCC s Agenda for their approval and execution. 56

59 C. Scoring. Scoring shall be determined using the following weights. The assigned points for the evaluation criterion will be added together to calculate the overall proposal score with the maximum total proposal score obtainable being 100 points. 1. EXCELLENT (1.0): Of the highest or finest quality; exceptional; superior; superb; exquisite; peerless. PROPOSER provided information for a given criteria that satisfied the requirements and described specifically how and what will be accomplished in such a manner that exhibited an exceptional and superior degree of understanding, skill, and competency, both qualitatively and quantitatively. The facts included in the narrative description (including all supporting documentation, diagrams, drawings, charts and schedules, etc.) demonstrated the PROPOSER s ability to perform and deliver far beyond expectation. 2. VERY GOOD (0.8): To a high degree; better than or above competent and/or skillful. PROPOSER provided information for a given criteria that satisfied the requirements and described specifically how and what will be accomplished in such a manner that exhibited a very high degree of understanding, skill and competency, both qualitatively and quantitatively. The facts included in the narrative description (including all supporting documentation, diagrams, drawings, charts and schedules, etc.) demonstrated the PROPOSER s ability to perform and deliver beyond expectation. 3. GOOD (0.6): Having positive or desirable qualities; competent; skilled; above average. PROPOSER provided information for a given criteria that satisfied the requirements and described specifically how and what will be accomplished in such a manner that exhibited a skillful and above average degree of understanding, skill and competency, both qualitatively and quantitatively. The facts included in the narrative description (including all supporting documentation, diagrams, drawings, charts and schedules, etc.) demonstrated the PROPOSER s ability to perform and deliver at the expected level. 4. FAIR (0.4): Average; moderate; mediocre; adequate; sufficient; satisfactory; standard. PROPOSER provided information for a given criteria that satisfied the requirements and described sufficiently how and what will be accomplished 57

60 in a manner that exhibited an adequate and average degree of understanding, skill and competency, both qualitatively and quantitatively. The facts included in the narrative description (including all supporting documentation, diagrams, drawings, charts and schedules, etc.) demonstrated the PROPOSER s ability to perform and deliver at a level slightly below expectation. 5. POOR (0.2): Inadequate; lacking; inferior in quality; of little or less merit; substandard; marginal. PROPOSER provided information for a given criteria that did not satisfy the requirements and described in an inadequate manner how and what will be accomplished. The information provided simply reiterated a requirement, contained inaccurate statements or references, lacked adequate information, or was of inferior quality. The facts included in the narrative description (including all supporting documentation, diagrams, drawings, charts and schedules, etc.) demonstrated the PROPOSER s ability to perform and deliver at a substandard and inferior level. 6. UNACCEPTABLE (0.0): PROPOSER failed to provide any information for a given criteria, provided information that could not be understood, or did not provide the information for a given category as requested D. The COUNTY reserves the following rights: 1. Conduct pre-award discussion with any, or all, responsive and responsible PROPOSERS who submit Proposals determined to be reasonably acceptable of being selected for award; conduct personal interviews or require presentations of any or all PROPOSERS prior to selection. (Committee, Director of General Services/Purchasing) 2. Request that PROPOSER furnish additional information as the COUNTY may reasonably require. (Committee, Director of General Services/Purchasing) 3. Accord fair and equal treatment with respect to any opportunity for discussions and revisions of Proposals. Such revisions may be permitted after submission of Proposals and prior to award. (Committee, Director of General Services/Purchasing) 4. Process the selection of the successful PROPOSER without further discussion. (Committee, Director of General Services/Purchasing) 58

61 5. Accept or reject qualifications or Proposals in part or in whole. (Committee, Director of General Services/Purchasing) 6. Request additional qualification information. (Committee, Director of General Services/Purchasing) 7. Limit and/or determine the actual SERVICES to be included in the CONTRACT, if applicable. (Director of General Services/Purchasing) 8. Obtain information for use in evaluating submittals from any source. (Contract Manager, Director of General Services/Purchasing) 9. Waive any irregularity in any Proposal, or reject any, or all, Proposals and submittals, should it be deemed in the best interest of the COUNTY to do so. (Director of General Services/Purchasing) 10. The COUNTY shall be the sole judge of the PROPOSERS qualifications. (Committee, Director of General Services/Purchasing) 59

62 APPENDICES

63 FORM: A-1 PROPOSER's Statement of Acceptance of CONTRACT In the event that the PROPOSER is awarded the CONTRACT, the PROPOSER agrees to provide SERVICES and accepts all provisions of the General Terms and Conditions and Special Terms and Conditions. I am authorized to represent the PROPOSER and commit the PROPOSER, including any and all subconsultants and subcontractors, to this Statement of Acceptance of CONTRACT and to sign a CONTRACT issued pursuant to this Request for Proposals. PROPOSER's Representative Signature: Printed Name: Title: PROPOSER's Name: Type of organization: Address: PROPOSER's FEIN: Phone: Address: APPENDIX A: FORMS A-1

64 FORM: A-2 Drug Free Workplace Form The undersigned Contractor, in accordance with Florida Statute hereby certifies that does: Name of Business 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, employee assistance programs and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or SERVICES a copy of the statement specified in Paragraph In the statement specified in Paragraph 1, notify the employees that, as a condition of working on the commodities or SERVICES, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contend ere to, any violation of Florida Statute 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of Paragraphs 1 thru 5. As the person authorized to sign this statement, I certify that this firm complies fully with above requirements. PROPOSER's Signature Date APPENDIX A: FORMS A-2

65 FORM: A-3 Conflict/No Conflict of Interest and Litigation Statement Conflict/No Conflict of Interest Check one: [ ] To the best of our knowledge, the undersigned firm has no potential conflict of interest due to any other clients, contracts, or property interest for this project. or [ ] The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other clients, contracts, or property interest for this project. Litigation Check one: [ ] The undersigned firm has had no litigation and/or judgments entered against it by any local, state or federal entity and has had no litigation and/or judgments entered against such entities during the past ten years. or [ ] The undersigned firm, BY ATTACHMENT TO THIS FORM, submits a summary and disposition of individual cases of litigation and/or judgments entered by or against any local, state or federal entity, by any state or federal court, during the past ten years. Company Name Authorized Signature Name (Print or Type) Title Failure to check the appropriate blocks above may result in disqualification of your proposal. Likewise, failure to provide documentation of a possible conflict of interest, or a summary of past litigation and/or judgments, may result in disqualification of your proposal. APPENDIX A: FORMS A-3

66 FORM: A-4 Acknowledgement of Addenda The PROPOSER shall acknowledge receipt of any addenda issued to the solicitation by completing the blocks below or by completion of the applicable information on the addendum and returning it not later than the date and time for receipt of the Proposal. Failure to acknowledge an addendum that has a material impact on the solicitation may negatively impact the responsiveness of your Proposal. Material impacts include but are not limited to changes to specifications, services to be provided, schedule, bonds, letters of credit, insurance, qualifications, etc. Addendum No. Addendum No. Addendum No. Addendum No., Date, Date, Date, Date APPENDIX A: FORMS A-4

67 FINANCIAL PROPOSAL Financial Proposal Form (Page 1 of 2) PROPOSERS may submit more than one Proposal based on the options described in this RFP. Submit additional Financial Proposal Forms as needed. For the purposes of pricing in this Proposal, PROPOSERS should assume the COUNTY s recycling stream has the composition of Recyclables by weight as indicated in Section 10 of this RFP. To calculate the amount to be paid to the COUNTY per ton of Recyclables: 1. Calculate the Average Market Value (AMV) of the Recyclables, defined as the sum of Regional Average commodity prices (U.S. Dollar per Ton) posted on the first week of the month for the Southeast USA in SecondaryMaterialsPricing.com and SecondaryFiberPricing.com multiplied by the estimated composition percentages of Recyclables. Section 10 of the RFP provides an example of the AMV calculation for September Deduct a contractor fee of fifty dollars ($50.00) from the AMV. 3. The CONTRACTOR will pay the COUNTY a percentage, as proposed below, of the remaining amount (AMV less $50.00) for each out-bound ton of Recyclables. If at any time the AMV is less than $50.00, no payment will be due from the COUNTY to the CONTRACTOR. SHARE TO BE PAID TO THE COUNTY Actual payments will be made using the composition contained in this RFP or an approved composition study. Fill out the following share to be paid to the COUNTY below. Commodity UNIT AMV Contractor Fee % Paid to COUNTY Amount Paid Per Ton = (AMV - Contractor fee) X % paid to COUNTY All Materials Commingled Ton $ $50.00 RECYCLING CARTS Unit price for additional or replacement recycling carts: $ PROPOSER shall provide financial pricing proposals related to any proposed innovative diversion solution offered to the COUNTY on a separate sheet. Financial Proposal Form APPENDIX B: FINANCIAL PROPOSAL B-1

68 (Page 2 of 2) Authorized Signature Printed Name Company Name Address City, State, and Zip Code Phone Fax APPENDIX B: FINANCIAL PROPOSAL B-2

69 MAPS: C-1 Urban Growth Area (Page Intentionally Left Blank) APPENDIX C: MAPS C-1

70

71 MAPS: C-2 Map and Aerial of DCLRF (Page Intentionally Left Blank) APPENDIX C: MAPS C-3

72 X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X X XX X X X X X X X X X XX X X X X X X X X OHL OHL X X X XX X X XX X X X X X X X X X STM X X X X X X X X X X X X X X X X X X X X X X X X X X X OHL OHL OHL X X X X XX X OHL OHL OHL OHL OHL OHL OHL OHL OHL X X X XX X X XX OHL OHL OHL OHL OHL OHL OHL STM STM X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X XX X X X X

73 Aerial of DCLRF APPENDIX C: MAPS C-5

74 MAPS: C-3 Map and Aerial of HCSWMC (Page Intentionally Left Blank) APPENDIX C: MAPS C-6

75

76 Aerial of HCSWMC APPENDIX C: MAPS C-8

77 MAPS: C-4 Map of Highlands County School & Government Building Drop-Off Sites for Recyclables (Page Intentionally Left Blank) APPENDIX C: MAPS C-9

78 US 27 SAXON Lotela Letta Highlands County School & Government Building Drop-Off Sites for Recyclables Miles ± Jackson Id Name 1 Park Elementary School 2 Avon Elementary School 3 Avon Park High School 4 Avon Park Middle School 5 Avon Park Public Works Building 6 Memorial Elementary School 7 South Florida Community College 8 City of Sebring - City Hall 9 Highlands County BCC - Facility Management Department 10 Highlands County Sheriff's Office 11 Sebring Middle School 12 Sebring High School 13 School Board of Highlands County (2 Bins) 14 Fred Wild Elementary School 15 Hill-Gustat Middle School 16 Cracker Trail Elementary School 17 Sun 'N Lake Elementary School 18 Woodlawn Elementary School 19 Highlands County Health Department 20 Lake Placid High School 21 Lake Placid Middle School 22 Lake Placid Elementary School 23 Lake Country Elementary School Lelia ENTRANCE 7 5 LAKE GLENADA Glenada COLLEGE US US Istokpoga OHIO RAILROAD INTERLAKE MAIN LIME LEMON Francis WALL PINE OAK ROSE 8 10 SEBRING FERNLEAF 9 20 MARQUATA June in Winter Clay FRANKLIN MAGNOLIA BAY 12 23

79 TABLE Records of Recyclables FY and FY (excludes month of September 2011) Material Plastics #1-#7 Aluminum Cans FY 2009 FY 2010 (Tons) FY 2010 FY 2011 (Tons) Subtotal (Tons) Percentage % % Steel Cans % OCC 1, , , % Glass % Mixed Paper* 1, , , % 3, , , % *Includes office paper, magazines, newspapers, kill books, and phone books. APPENDIX D: TABLES D-1

80 SCORE SHEET Sample Evaluation Score Sheet CRITERIA FOR EVALUATION Unacceptable Poor Fair Good Very Good Excellent Points Possible Score QUALIFICATIONS AND EXPERIENCE Technical Qualifications and Experience Financial Qualifications 10 TECHNICAL PROPOSAL 30 FINANCIAL PROPOSAL SUB-TOTAL Revenue Share (Percentage) 45 Unit Cart Price 5 PRESENTATION 10 TOTAL VENDOR NAME: RFP NO: SCORED BY: SIGNATURE: DATE: COMMENTS/REMARKS: APPENDIX E: SCORE SHEET E-1

81 PRELIMINARY ASSESSMENT OF PRIVATIZATION OPTIONS FOR RECYCLABLE MATERIALS PROCESSING Letter from Kessler Consulting, Inc. to Ramon Gavarrete dated March 14, 2011 (Page Intentionally Left Blank) APPENDIX F: LETTER FROM KESSLER CONSULTING, INC F-1

82 March 14, 2011 Ramon D. Gavarrete, P.E., County Engineer/Utilities Director Highlands County Board of County Commissioners 505 South Commerce Avenue Sebring, Florida RE: Preliminary Assessment of Privatization Options for Recyclable Materials Processing KCI Project No: Dear Mr. Gavarrete: Kessler Consulting, Inc. (KCI) has undertaken a preliminary assessment of Highland County s solid waste management system with specific focus on options for privatization of recyclable materials processing. This letter report provides our initial results and recommendations. Please note that we have highlighted key issues and findings in bold italics throughout the report. Background The Highlands County Board of County Commissioners (Board) directed staff to prepare a Request for Proposals (RFP) for Recyclable Materials Processing Services and to identify preliminary criteria that would be used in the RFP. County staff then requested that KCI provide technical assistance in this matter, and authorized KCI to assess recycling options and submit this letter report addressing the following: Critical issues impacting recycling service options Service options that may be included in the RFP Table of contents for outline a RFP for Recyclable Materials Processing Services Criteria for evaluation of proposals submitted in response to the RFP Recommended next steps Overview of Highland County Solid Waste Management Highland County s estimated population in 2009 was 98,700 and its growth rate between 2000 was 2009 averaged 1.4% annually. If this average growth trend continues, then the County population will have exceeded 100,000 in 2010; and if not in 2010, it is highly likely that it will Highlands\RecyclingTA\LtrRpt Final.doc 1 kessler consulting inc.