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SOLID WASTE SERVICES AGREEMENT
BETWEEN
TOWN OF FOUNTAIN HILLS
AND
ALLIED WASTE TRANSPORTATION, INC.
This SOLID WASTE SERVIES AGREEMENT (this "Agreement) is made on January
15, 2019 (the "Effective Date") between the Town of Fountain Hills, an Arizona municipal
corporation (the "Town") and Allied Waste Transportation, Inc., a Delaware corporation, d/b/a
Republic Services of Phoenix (the "Contractor").
RECITALS
A. The Town issued a Request For Proposals, "Solid Waste Services (PW2018-002)"
(the "RFP"), a copy of which is attached hereto as Exhibit A and incorporated herein by
reference, seeking proposals from vendors for residential curbside solid waste collection and
disposal services, bulk waste collection and disposal services, residential recycling services,
green waste services, Town facility solid waste services, Town facility recycling services and
special event solid waste and recycling services within the corporate limits of the Town of
Fountain Hills (the "Services").
B. The Contractor submitted a proposal in response to the RFP (the "Proposal"),
which is attached hereto as Exhibit B and incorporated herein by reference, and the Town desires
to enter into an Agreement with the Contractor for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the
Contractor hereby agree as follows:
1. Definitions. As used herein, and notwithstanding any other contrary definition
given these terms under Arizona law, the parties hereto specifically agree that the terms defined
below shall, for the purpose of this Agreement, have the meanings as set forth in this Section.
The words "shall," "will" and "must" are always mandatory and not merely discretionary. The
word "may" indicates something that is not mandatory but permissible. When not inconsistent
with the context, words in the plural shall include the singular and vice versa, words importing
persons shall include firms and corporations, words in the present tense shall include the future
and use of the masculine gender shall include the feminine gender. The terms "herein,"
"hereunder," "hereby," "hereto," "hereof ' and any similar terms, shall refer to this Agreement;
the term "heretofore" shall mean before the date of adoption of this Agreement; and the term
"hereafter" shall mean after the initial date of adoption of this Agreement.
1.1 "Backdoor" means a location at the front, side or rear of a Residential
Service Unit acceptable to both the Resident and Contractor as the location for Residential
Collection Service. If an appropriate location cannot be agreed upon, the Contract Administrator
shall designate the location for Residential Collection Service.
1.2 "Bulk Waste" means Solid Waste composed of materials not easily
containerized in a Solid Waste Cart or Recycling Cart such as, but not limited to, Green Waste,
furniture, cardboard and large appliances.
1.3 "Bulk Waste Collection Services" means Collection of Bulk Waste and
delivery to the Disposal Facility or the Recycling Facility by the Contractor.
1.4 "Bulk Waste Services" means Bulk Waste Collection Services and the
disposal of Bulk Waste at the Disposal Facility or recycling of Bulk Waste at the Recycling
Facility.
1.5 "Business Day" means any day, Monday through Friday, from 5:00 AM,
Local Time to 5:00 PM, Local Time.
1.6 "Cart" means a Recycling Cart, a Solid Waste Cart or a Green Waste Cart,
as applicable.
1.7 "Council" means the Mayor and Town Council of the Town of Fountain
Hills, Arizona.
1.8 "Collection" means the act of picking up Solid Waste or Bulk Waste from
Residential Units and delivery of the Solid Waste or Bulk Waste to the Disposal Facility.
Collection shall also mean the act of picking up Recyclable Materials from Residential Units or
Town Facilities and delivery of the Recyclable Materials to the Recycling Facility.
1.9 "Collection Service" means Residential Solid Waste Collection Services,
Residential Bulk Waste Collection Services, Residential Recycling Collection Services,
Residential Green Waste Collection Services, Town Facility Solid Waste Collection Services,
Town Facility Recycling Collection Services, Special Event Solid Waste Collection Services and
Special Event Recycling Collection Services.
1.10 "Commencement Date" means the earliest date the Contractor shall
commence the Collection Services in accordance with this Agreement on the days set forth on
the map attached as Exhibit D, attached hereto and incorporated herein by reference.
1.11 "Construction Debris" means solid waste derived from the construction,
repair or remodeling of buildings or other structures.
1.12 "Construction and Demolition Waste" shall include Construction Debris
and Demolition Debris.
1.13 "Contamination" means the existence of any material or substance on or
contained in Recyclable Materials that would result in failure to meet Recovered Material
specifications.
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1.14 "Contract Administrator" means the Town Manager of the Town, or his
designee or designees, who shall represent the Town in the administration and supervision of this
Agreement.
1.15 "Container" means any metal or plastic container, with a capacity of
approximately 300 gallons designed to or intended to be mechanically dumped into a loader -
packer type garbage truck and used for Town Facility Recycling Services. All such Containers
must be clearly marked in a manner as approved by the Town.
1.16 "Demolition Debris" means solid waste derived from the demolition of
buildings or other structures.
1.17 "Disposal Facility" means a facility, area of land or excavation in which
Solid Waste and Bulk Waste are placed for permanent disposal. Disposal Facility does not
include a land application unit, surface impoundment, injection well, compost pile or waste pile
or an area containing ash from the on -site combustion of coal that does not contain household
waste, household hazardous waste or conditionally exempt small quantity generator waste.
the Contractor.
1.18 "Disposal Services" means the disposal of Solid Waste and Bulk Waste by
1.19 "Expiration Date" means January 14, 2024 at 11:59 PM, Local Time.
1.20 "Green Waste" means organic yard waste, including but not limited to,
grass clippings, tree trimmings, brush clippings, and other similar material.
1.21 "Green Waste Cart" means a receptacle with wheels with a capacity of up
to approximately 96 gallons designed or intended to be mechanically dumped into a load -packer
type garbage truck and approved by the Town Manager or authorized designee for the Collection
of Green Waste from Residential Service Units. All Green Waste Carts shall be green in color
and clearly distinguishable from Solid Waste Carts.
1.22 "Hazardous Waste" means solid waste as described in 40 Code of Federal
Regulations part 261, as amended.
1.23 "Local Time" means the time in Phoenix, Arizona.
1.24 "Materials Acceptance Protocol (MAP)" means the document which
identifies the types and standards for the Recyclable Materials which are to be collected and
processed under this Agreement. The MAP is attached hereto as Exhibit E and incorporated
herein by reference.
1.25 "Missed Block" shall mean, as determined by three or more customers on
a block, that each customer deems that her/his respective properly -prepared Cart that was set out
at the Collection location on the scheduled Collection day was not picked up by the Contractor.
1.26 "Missed Collection" shall mean, as determined by the customer, a
properly prepared Cart that was set out at the Collection location on the scheduled Collection day
that was not picked up by the Contractor.
1.27 "Non -recyclable Waste" means the portion of Solid Waste, exclusive of
Hazardous Waste, that is not Recyclable Materials.
1.28 "Person" means an individual, corporation, company, association,
partnership, unit of local government, state agency, Federal agency, or other legal entity.
1.29 "Process," "Processed" or "Processing" means the separation, sorting,
crushing, baling, shredding, flattening or other treatment of Recyclable Materials into Recovered
Materials.
1.30 "Processing Fee" means the per ton fee for receipt and processing of
Recyclable Materials.
1.31 "Recovered Material(s)" means Recyclable Materials which have been
processed at the Recycling Facility to market specifications.
1.32 "Recyclable Materials" means those materials which are capable of being
recycled and which would otherwise be processed or disposed of as Solid Waste.
1.33 "Recyclable Materials Collection Services" means the provision of
Residential Recycling Collection Service, Town Facility Recycling Collection Service and
Special Event Recycling Collection Service by the Contractor.
1.34 "Recycling" means any process by which materials which would
otherwise become Solid Waste are collected, separated, or processed and reused or returned to
use in the form of raw materials or products.
1.35 "Recycling Cart" means a receptacle with wheels with a capacity of up to
approximately 96 gallons designed or intended to be mechanically dumped into a loader -packer
type garbage truck and approved by the Town Manager for the Collection of Recyclable
Materials from Residential Service Units, Town Facilities and special events. All such
Recycling Carts must be clearly marked in a manner as approved by the Town Manager or
authorized designee.
1.36 "Recycling Facility" means a Solid Waste Facility that is owned, operated
or used for the storage, treatment or processing of Recyclable Materials and that handles wastes
that have a significant adverse effect on the environment.
1.37 "Recycling Services" means the Collection of Recyclable Materials by the
Contractor from Residential Service Units and Town Facilities in the Town, delivery of
Recyclable Materials to Recycling Facility, and processing and marketing of Recyclable
Materials at the Recycling Facility.
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1.38 "Rejects" means material other than Residue, such as Non -recyclable
Waste or materials other than those defined in the MAP, which is delivered with Recyclable
Materials and which shall be handled and accounted for separately from Recyclable Materials
and Residue.
1.39 "Residential Bulk Waste" means Bulk Waste that is generated and
disposed of at a Residential Service Unit.
1.40 "Residential Bulk Waste Collection Service" means the Collection of Bulk
Waste by the Contractor from Residential Service Units and the delivery of the Bulk Waste to
the Disposal Facility or Recycling Facility.
1.41 "Residential Green Waste Service" means the Collection of Green Waste
by the Contractor from Residential Service Units and the delivery of Green Waste to a green
Waste processing facility.
1.42 "Residential Recyclable Materials" means any Recyclable Materials that is
generated from Residential Service Units, not including Construction and Demolition Waste or
Hazardous Waste.
1.43 "Residential Recycling Collection Services" means the Collection of
Recyclable Materials by the Contractor from Residential Service Units and the delivery of the
Recyclable Materials to the Recycling Facility.
1.44 "Residential Recycling Services" means the Collection of Recyclable
Materials by the Contractor from Residential Service Units, delivery of the Recyclable Materials
to the Recycling Facility and processing and marketing of the Recyclable Materials at the
Recycling Facility.
1.45 "Residential Services" means Residential Solid Waste Services,
Residential Bulk Waste Collection Services, Residential Green Waste Services and Residential
Recycling Services.
1.46 "Residential Service Unit" mean residential dwellings and establishments
identified by the Town to receive Residential Services from the Contractor and utilizing (i) a
Solid Waste Cart for the accumulation and set -out of Residential Solid Waste and (ii) a
Recycling Cart for the accumulation and set -out of Residential Recyclable Materials. Town, at
its sole discretion, may add or delete Residential Units.
1.47 "Residential Solid Waste" means any garbage, Green Waste or rubbish
that is generated from Residential Service Units, not including Construction and Demolition
Waste or Hazardous Waste.
1.48 "Residential Solid Waste Collection Services" means the Collection of
Solid Waste by the Contractor from Residential Service Units and delivery of the Solid Waste to
the Disposal Facility.
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1.49 "Residential Solid Waste Services" means the Collection of Solid Waste
by the Contractor from Residential Service Units, delivery of the Solid Waste to the Disposal
Facility, and disposal of the Solid Waste at the Disposal Facility.
1.50 "Residue" means that portion of the Recyclable Materials accepted by the
Contractor which is not converted to Recovered Materials due to spoilage, breakage,
contamination and/or transportation or processing inefficiencies, other than Rejects.
1.51 "Residue Allowance" means that portion of incoming Program
Recyclables defined as Residue and shall not exceed the overall annual Residue Allowance of
15%.
1.52 "Scavenging" means the unauthorized removal of Recyclable Material
after the generators thereof divest control physically or as a matter of appropriate law, rule or
regulation.
1.53 "Solid Waste" means any garbage, trash, rubbish, waste tire, refuse,
sludge from a waste treatment plant, water supply treatment plant or pollution control facility
and other discarded material, including solid, liquid, semisolid or contained gaseous material
unless otherwise excluded by the Arizona Revised Statutes.
1.54 "Solid Waste Cart" means a receptacle with wheels with a capacity of up
to approximately 96 gallons designed or intended to be mechanically dumped into a loader -
packer type garbage truck and approved by the Town Manager for the Collection of Residential
Solid Waste. All such Solid Waste Carts must be clearly marked in a manner as approved by the
Town Manager or authorized designee.
1.55 "Solid Waste Facility" means a transfer facility and any site owned,
operated or utilized by any person for the storage, processing, treatment or disposal of solid
waste, conditionally exempt small quantity generator waste or household hazardous waste unless
otherwise excluded by Arizona Revised Statutes.
1.56 "Special Event Solid Waste Collection Services" means the Collection of
Solid Waste by the Contractor from special events as requested by the Town and delivery of the
Solid Waste to the Disposal Facility.
1.57 "Special Event Recycling Collection Services" means the Collection of
Recyclable Materials from special events as requested by the Town via Containers or Recycling
Carts and delivery to the Recycling Facility by the Contractor.
1.58 "Source Separated Materials" means materials that are separated by
material type by the generator.
1.59 "State" means the State of Arizona.
1.60 "Ton" means a unit of weight equal to 2,000 pounds.
on
1.61 "Town Facility" means any Town -owned or operated facility designated
by the Town for Town Facility Recycling Services. The Town has the sole authority to add or
eliminate Town Facilities.
1.62 "Town Facility Recycling Collection Services" means the Collection of
Recyclable Materials from Town Facilities via Containers or Recycling Carts and delivery to the
Recycling Facility by the Contractor.
1.63 "Town Facility Solid Waste Collection Services" means the Collection of
Solid Waste by the Contractor from a Town Facility and delivery of the Solid Waste to the
Disposal Facility.
1.64 "Town Revenue Rate" means the minimum payment by Contractor to
Town per ton of Recyclable Materials received at the Recycling Facility.
2. Representations.
2.1 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes
or Social Security payments will not be withheld from any Town payments issued hereunder and
Contractor agrees to be fully and solely responsible for the payment of such taxes or any other
tax applicable to this Agreement.
2.2 Representations by Town. The Town represents to the Contractor that the
Town is duly organized and existing in good standing under the laws of the State and is duly
qualified and authorized to carry on the governmental functions and operations as contemplated
by this Agreement. The Town further represents that the person signing on its behalf has been
properly authorized and empowered to enter into this Agreement. The Town acknowledges that
it has read this Agreement, understands it, and agrees to be bound by it.
2.3 Representations by Contractor. The Contractor represents to the Town
that at the time of execution of this Agreement:
A. Authority. The Contractor is duly qualified and in good standing
to do business in the State and is duly qualified and in good standing to do business wherever
necessary to carry on the business and operations contemplated by this Agreement. The
Contractor further represents that the person signing on its behalf has been properly authorized
and empowered to enter this Agreement. The Contractor further acknowledges that it has read
this Agreement, understands it, and agrees to be bound by it.
B. Recyclable Materials Processing. The Contractor has the right to
receive Recyclable Materials processing and marketing services from its affiliate, River
Recycling, LLC, as attested to in the affidavit attached hereto as Exhibit F and incorporated
herein by reference, for the Initial Term and Renewal Terms (as defined in Section 3 below).
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C. Solid Waste Disposal. The Contractor has entered for the right to
receive Disposal Services at the Cave Creek Transfer Station (which the Contractor owns and
operates), as attested to in the affidavit attached hereto as Exhibit G and incorporated herein by
reference, for the Initial Term and Renewal Terms.
D. Licenses: Materials. The Contractor has obtained all applicable
environmental and other governmental permits, licenses, permits and authorizations that are (1)
necessary for providing the Services and (2) required to be issued under Federal, State, local law,
regulation, rule or ordinance. Contractor shall maintain in current status all Federal, State and
local licenses, permits and authorizations required for the operation of the business conducted by
the Contractor. The Town has no obligation to provide Contractor, its employees or
subcontractors any business registrations or licenses required to perform the specific services set
forth in this Agreement. The Town has no obligation to provide tools, equipment or material to
Consultant.
E. InsuranceBonds. The Contractor has obtained and submitted to
the Town certificates of insurance for all required insurance coverages specified in this
Agreement.
F. No Legal Action Pending. To the best of the Contractor's
knowledge, there is no action, suit or proceeding, at law or equity, before or by any court or
government authority, pending or threatened against the Contractor, wherein an unfavorable
decision, ruling or finding would materially adversely affect the performance by the Contractor
of its obligation hereunder or the other transactions contemplated hereby, or which, in any way,
would adversely affect the validity or enforceability of this Agreement, or any other contract or
instrument entered into by the Contractor in connection with the transactions contemplated
hereby.
Contractor agrees that it shall take all steps necessary to ensure that the representations set forth
in this Section 2.3 shall remain true and correct for the entire Term of this Agreement.
3. Term of Agreement.
3.1 Initial Term. Unless sooner terminated in accordance with the provisions
in this Agreement, the term of this Agreement shall commence on the Commencement Date and
shall continue in effect until the Expiration Date (the "Initial Term").
3.2 Option to Renew. After the Initial Term, the parties shall have the option
upon written agreement to renew this Agreement for up to three additional one-year terms (each,
a "Renewal Term"). The Initial Term and any Renewal Terms shall be collectively referred to
herein as the "Term." To exercise its option, Town shall provide written notice to Contractor
(each an "Option Notice") not later than 60 calendar days preceding the scheduled Expiration
Date of the then -current Term. The Contractor shall, within 15 calendar days following receipt
of the Town's Option Notice, either accept or reject the Town's request. If the Contractor
fails to accept or reject the Town's renewal request within 15 days following receipt of the
Town's Option Notice, the Contractor shall be deemed to have consented to renewal of the
Agreement for one year. This provision in no way limits the Town's right to terminate this
Agreement at any time during the Term pursuant to the provisions in this Agreement.
4. Solid Waste Services, Bulk Waste Services and Recycling Services. The
Contractor shall begin providing the services set forth in this Section on their respective
Commencement Dates, as determined on the days set forth on the map included on Exhibit D,
and the Contractor shall change rates for such services not greater than as set forth on Exhibit C.
4.1 Solid Waste.
A. Residential Solid Waste Services. Contractor shall collect, once
per week on a scheduled day, all Solid Waste Carts from each Residential Service Unit in the
Town. Contractor shall deliver the Residential Solid Waste collected to the Disposal Facility and
dispose of the Residential Solid Waste at the Disposal Facility. Upon the receipt of a written
work order from the Town, Contractor shall provide additional Solid Waste Cart collection and
non -collection day Collection Services.
B. Annual Residential Bulk Waste Services. Contractor shall provide
a process for collecting residential bulk waste of up to six cubic yards from each Residential
Service Unit in the Town once per year by routes/areas on dates and in the sequence approved in
writing by the Town. Contractor shall provide notice Contractor shall deliver the Bulk Waste
collected to the Recycling Facility or the Disposal Facility. If the Bulk Waste is delivered to the
Recycling Facility, Contractor shall process and market the Bulk Waste at the Recycling Facility.
If the Bulk Waste is delivered to the Disposal Facility, Contractor shall dispose of the Residential
Solid Waste at the Disposal Facility. Upon the receipt of a written work order from the Town,
Contractor shall provide additional Bulk Waste Collection Services.
C. Town Facility Solid Waste Services. Contractor shall collect, not
less than once per week, all Solid Waste in Solid Waste Carts or Containers at Town Facilities
shown in the table below:
Table 4.1
Town Facilities
Address
Container Size
Collection
Frequency
Town Civic Center
13001 La Montana
8 YD
Twice per week
Streets Department
17137 Falcon Dr.
6 YD
Twice per week
Fountain Park
13000 Saguaro Blvd.
8 YD
Once per week
Four Peaks Park
17300 Calaveras Ave.
6 YD
Once per week
Golden Eagle Park
14725 Golden Eagle
4 YD(1); 6 YD(2)
Once per week
Desert Vista Park
11800 Desert Vista
6 YD
Once per week
D. Special Event Solid Waste Services. Upon request of the Town,
the Contractor shall deliver Solid Waste Carts or containers to the site of a special event and
shall collect and dispose of Solid Waste collected in such Solid Waste Carts or Containers.
G]
4.2 Recycling.
A. Residential Recycling Services. Contractor shall collect, once per
week on a scheduled day, all Recyclable Materials via single stream in a Residential Recycling
Cart from each Residential Service Unit in the Town. Contractor shall deliver the Recyclable
Materials collected to the Recycling Facility. In addition, Contractor shall process and market
the Recyclable Materials delivered to the Recycling Facility.
B. Town Facility Recycling Collection. Contractor shall collect, on a
frequency solely decided by the Town, all Recyclable Materials from each Town Facility listed
in Table 4.1 above. Contractor shall deliver the Recyclable Materials collected to the Recycling
Facility. In addition, Contractor shall process and market the Recyclable Materials delivered to
the Recycling Facility.
C. Special Events Recycling Collection. Upon request of the Town,
Contractor shall deliver Recycling Carts to the site of a special event and shall collect and
process all Recyclable Materials collected by such Recycling Carts, the frequency of which shall
be at the Town's sole discretion.
E. Disposal Prohibited. The Contractor shall be prohibited from (1)
disposal of and/or landfilling of any Recyclable Materials accepted or processed at the Recycling
Facility or (2) marketing Recyclable Materials to markets that the Contractor knows or
reasonably should have anticipated will dispose of and/or landfill the Recyclable Materials,
except when approved in writing by the Town.
4.3 Residential Green Waste Collection. Contractor shall collect, once per
week on a scheduled day, all Green Waste via Residential Green Waste Cart from each
Residential service Unit in the Town that has selected the green waste option and has agreed to
pay the additional cost of same. Contractor shall deliver all Green Waste collected from Green
Waste Carts at Residential service Units to a Green Waste processing facility.
4.4 Backdoor Collection Services. Contractor shall provide Backdoor
Collection Services for Residential Solid Waste and Recyclable Materials from Residential
Service Units if all adult occupants residing therein are handicapped, or due to age or verified
physical limitations, cannot safely move Carts and if a request for Backdoor Collection Services
has been made to and approved by the Town, in the manner required by the Town. The Town
shall notify the Contractor in writing of any Residential Service Unit requiring Backdoor
Collection Services. No additional monies shall be due to the Contractor for the provision of
Backdoor Collection Services. Contractor shall provide Backdoor Collection Services on the
same scheduled Collection day that Collection Services would otherwise be provided to the
Residential Service Unit.
4.5 Manner of Providing Services. Unless otherwise stated in this Agreement,
the Contractor shall be solely responsible for all aspects of the management, operations and
maintenance and equipment relating to the Services including, but not limited to, the following:
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A. Rejected Loads. Transportation and disposal of Rejected Loads (as
defined in subsection 5.2 below) at the Recycling Facility to the Disposal Facility.
B. Residue and Rejects. Transportation and disposal of Residue and
Rejects at the Recycling Facility to the Disposal Facility.
C. Recovered Materials. The shipping and marketing of Recovered
Materials processed at the Recycling Facility.
D. Records. The maintenance of complete and accurate records and
the provision of reports to the Town in accordance with the requirements of this Agreement.
E. Maintenance. The preventive maintenance, maintenance and
repair of systems and equipment including vehicles, buildings, grounds and other equipment.
F. Clean-up. The prevention and clean-up of litter, spillage, dust and
odor as set -forth in this Agreement.
G. Personnel. The recruitment, hiring and training of all managerial,
supervisory and operating personnel providing the Services.
H. Carts. Cart maintenance and delivery of new Solid Waste Carts,
Recycling Carts and Green Waste Carts, as applicable. Contractor shall also be solely
responsible for Storage of unused Carts.
4.6 Part -Time Residents. Contractor shall provide each Residential Unit the
opportunity to annually stop service temporarily for a period of up to six continuous months
upon notification by the resident.
4.7 Annual Household Hazardous Materials Collection. Contractor shall
provide a household hazardous waste (i.e., paints, solvents, pesticides, herbicides, oils, etc.)
collection events to occur at least once per calendar year.
4.8. Annual Electronics Recycling Event. Contractor shall provide electronic
recycling (including but not limited to AC Adapters, Calculators, Cameras, Cell Phones, CD
Rom/DVD Drives, Computers (PCs / laptops / servers / tablets), digital cable boxes, docking
stations, electric motors, fax machines, hard drives, keyboards & mice, medical equipment,
metals, modems, monitors (LCD & LED), wires/cables/power cords, power tools, printers,
routers, DVD players and video game equipment) events to occur at least once per calendar year,
as set forth in Exhibit B, or as otherwise pre -approved in writing by the Town.
Inspection of Loads and Rejected Loads.
5.1 Contractor's Right to Inspect Loads. The Contractor may inspect each
delivery of Recyclable Materials prior to and upon their discharge at the Recycling Facility for
consistency with the MAP.
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5.2 Unacceptable Loads. Contractor may not designate a load as an
unacceptable load for any reason other than those identified in this Section. Prior to departure
from the Recycling Facility of the vehicle delivering Recyclable Materials to the Recycling
Facility, Contractor may designate a load as a "Rejected Load" for the following reasons:
A. Excessive Non -Recyclable Waste. A load of Recyclable Materials
contains more than 15% Non -recyclable Waste by weight.
B. Public Health Danger. A load of Recyclable Materials presents a
substantial endangerment, such as disease or death, to the public or employee health or safety.
C. Hazardous Waste. A load contains Hazardous Waste that cannot
be easily separated from acceptable materials.
5.3 Procedure upon Rejection of Load.
A. Notice of Rejected Load. If the Contractor designates a load as a
Rejected Load for the reasons set forth in subsections 5.2(A) and (B) above, Contractor must
immediately provide written notice to the Town, including the reason the load was designated a
Rejected Load. If Contractor fails to provide notice in accordance with this subsection,
Contractor shall accept the load.
B. Right to Inspect Rejected Loads. Upon receipt of the notice by the
Town in accordance with subsection 5.3(A) above, Contractor shall retain the Rejected Load for
an additional 24 hours to allow the Town a right to inspect the load. The Town may waive the
right to inspect the load. Failure to inspect the load within 24 hours of receipt of notice shall be
deemed a waiver of the right to inspect the load.
C. Dispute or Acceptance of Designation as Rejected Load. If the
Town inspects the load, the Town may dispute or accept the designation as a Rejected Load. If
the Town disputes the rejection of the load for the reasons set forth in Section 5.2(A) or (B)
above, the Contract Administrator's decision as to whether the load will or will not be accepted
shall be final and conclusive. If the load is not deemed a Rejected Load by the Contract
Administrator, the Contractor shall accept and process the load as long as it does not contain
Hazardous Waste (which is covered by Section 5.4 below).
D. Costs for Rejected Loads not due to Hazardous Waste. Contractor
shall, at its sole expense, pay for transportation and disposal costs of Rejected Loads for the
reasons set forth in subsections 5.2(A) and (B) above.
5.4 Procedure upon Rejection of Load due to Hazardous Waste. If Contractor
discovers Hazardous Waste before collecting it, Contractor may refuse to collect the entire
Recycling Cart or Solid Waste Cart of waste. In such situations, Contractor shall contact the
generator of such waste to remove and dispose of it properly. If any Hazardous Waste is not
discovered by Contractor before it is collected, Contractor may, in its sole discretion, (A)
remove, transport and dispose of such Hazardous Waste at a location authorized to accept such
Hazardous Waste in accordance with all applicable laws and (B) charge the depositor or
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generator of such Hazardous Waste all direct and indirect costs incurred due to removal,
remediation, handling, transportation, delivery and disposal of such Hazardous Waste. The
Town shall provide all reasonable assistance to Contractor to conduct an investigation to
determine the identity of the depositor or generator of the Hazardous Waste.
6. Handling of Rejects and Residue.
6.1 Handling of Rejects. The Contractor shall segregate and store all Rejects
and shall notify the Town prior to their removal for disposal to permit the Town's inspection
thereof. The Town shall have the right to inspect such Rejects within 24 hours of notification
and to make its own determination as to whether such materials are in fact Rejects, as defined
herein. Contractor shall, at its sole expense, pay for transportation and disposal costs of Rejects.
6.2 Handling of Residue. Contractor shall be solely responsible for ensuring
that Residue which is culled from Program Recyclables accepted by Contractor or which is the
result of processing activity shall not exceed the overall annual Residue Allowance of 15%. If
the residue exceeds the Residue Allowance, Town may assess liquidated damages in accordance
with Section 18 of this Agreement. Contractor, at is sole expense, shall bear costs of
transporting and disposal of all Residue.
7. Collection and Processing Equipment.
7.1 Collection Services Vehicles.
A. Appearance of Collection Services Vehicles. Contractor shall
paint all Collection Service vehicles uniformly with the name of Contractor, customer service
office telephone number and the unique identification number of the vehicle in letters not less
than six inches high on each side and the rear of the vehicle. All Collection Services vehicles
shall be uniquely numbered and a record kept of the vehicle to which each number is assigned.
No advertising shall be permitted on vehicles, except for events sponsored by the Town, which
shall be advertised on request of the Town.
B. Age of Collection Services Vehicles. Contractor shall provide all
Collection Services pursuant to this Agreement with Collection vehicles less than seven years
of age. The average age for the Collection vehicles to be used for performance of Collection
Services provided pursuant to this Agreement shall not exceed three years of age.
7.2 Collection Services Carts. Town shall have the sole decision in
determining the appearance of the Carts.
A. Purchase and Initial Distribution of Carts. The Contractor, at its
sole cost, shall purchase all Carts required for the provision of Collection Services pursuant to
this Agreement. In addition, the Contractor, at its sole cost, shall deliver one Solid Waste Cart,
one Recycling Cart and one Green Waste Cart (for Residential Service Units choosing the
optional Green Waste Service) to each Residential Service Unit prior to the Commencement
Date, unless instructed otherwise by the Town. The Contractor shall attach a program
introduction notice to each Cart delivered.
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B. Subsequent Distribution, Maintenance and Storage. After the
initial distribution of Carts, Contractor, at its sole cost, shall deliver Cart(s) to a Residential
Service Unit within two business days of the request by the Town. Contractor shall attach a
program introduction notice to each Cart delivered.
C. Cart Care and Maintenance. Contractor's employees shall take
care to prevent damage to Carts by unnecessarily rough treatment. Contractor shall be solely
responsible for Cart maintenance.
D. Reserve Carts. Contractor shall maintain a minimum of 15 Solid
Waste Carts, 15 Recycling Carts and 15 Green Waste Carts at a secure location within the
corporate limits of the Town to ensure that extra or replacement Carts can be expeditiously
provided upon the request of the Town. Subject to space availability, the Town can
accommodate the reserve Solid Waste Carts, Recycling Carts and Green Waste Carts at its Street
Yard, located at 17137 Falcon Drive, which Carts shall be accessible to the Contractor during the
Town's normal business hours.
E. Replacement of Carts. Upon notification to Contractor by the
Town or a customer that a Cart has been lost, destroyed, stolen or that it has been damaged
beyond repair, Contractor shall purchase, if necessary, and deliver a replacement Cart to such
customer within two business days. At the expense of the Contractor, each Residential Service
Unit shall be entitled to unlimited replacements of destroyed or damaged beyond repair Cart(s)
for the life of the Agreement at no cost to the Town or the customer if determined by the
Contract Administrator or authorized designee that such destruction or damage was caused by
the Contractor or Contractor's employees or equipment. For additional replacements beyond
those as provided in this Agreement or for Carts purchased by written authorization of the Town
Manager, Town shall reimburse Contractor the purchase cost paid by Contractor for the Cart.
7.3 Collection and Processing Equipment, Excluding Carts.
A. Purchase, Operation and Maintenance. Unless otherwise stated in
this Agreement, Contractor shall be solely responsible for all costs of purchasing, operating and
maintaining Collection and processing equipment for the Term of this Agreement. Town, at its
sole discretion, shall determine whether the Contractor is or is not properly maintaining the
Collection and processing equipment. If the Town determines the Contractor is not properly
maintaining the Collection and/or processing equipment, Contractor shall replace such
equipment in accordance with this Agreement and Town may assess liquidated damages in
accordance with Section 18 of this Agreement.
B. Replacement. Unless otherwise stated in this Agreement,
Contractor shall be solely responsible for the replacement of Collection and processing
equipment if such equipment is lost, stolen or damaged beyond normal wear and tear. If
Contractor or Town determines that Collection and/or processing equipment requires
replacement, Contractor shall replace such equipment within 14 calendar days with comparable
equipment. Contractor shall be responsible to make the appearance of the replacement
equipment in adherence with the requirements of this Section.
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7.4 Ownership.
A. Collection Services Equipment other than Carts and Containers.
Ownership of Collection Services Equipment other than Carts shall rest with Contractor.
B. Carts and Containers. Ownership of Carts and containers shall rest
with the Contractor during and after the term of the Agreement.
7.5 Disposal Facility and Recycling Facility Equipment. The Disposal
Facility, Recycling Facility and any other processing center used to perform the Services shall be
equipped with adequately sized truck scales and computerized record -keeping systems for
weighing and recording all incoming and outgoing delivery vehicles and vehicles transporting
Recyclable Materials to markets. Contractor shall separately weigh, record and tabulate each
load from Town.
8. Personnel. Contractor shall assign a qualified person or persons who will be
charge of its operations within the Town and authorized to make decisions on Contractor's
behalf and shall provide the name, office telephone number, mobile phone number, email
address and facsimile number of Contractor's representatives and key personnel to the Contract
Administrator. Contractor agrees that the Town shall have 24 hour access to said representative
via a non -toll call from the corporate limits of the Town. Such records shall be updated as
personnel or contact information changes. In addition, Contractor shall adhere to the following
requirements:
8.1 Key Personnel. Contractor shall provide adequate, experienced personnel,
capable of and devoted to the successful completion of the Services to be performed under this
Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees
that, upon commencement of the Services to be performed under this Agreement, key personnel
shall not be removed or replaced without written notice to the Town, which Contractor will
endeavor to make prior to the removal or replacement of such key personnel. If key personnel
are not available to perform the Services for a continuous period exceeding 30 calendar days, or
are expected to devote substantially less effort to the Services than initially anticipated,
Contractor shall immediately notify the Town of same and shall, subject to the concurrence of
the Town, replace such personnel with personnel of substantially equal or superior ability and
qualifications. If deemed qualified, the Contractor is encouraged to hire Town residents to fill
vacant positions at all levels.
8.2 Uniforms. Contractor shall furnish each employee involved in the
performance of this Contract with a uniform and safety vest, shirt or jacket which clearly
displays the name of Contractor. Such uniforms and safety equipment shall make the employee
readily visible to other motorists. Contractor's employees shall wear complete uniforms and
safety vest, shirt or jacket at all times.
8.3 Safety Training. Contractor shall provide regularly scheduled, on -going
operating and safety training for all employees. In addition, Contractor's employees shall be
trained to perform their duties to maximize the Town's recycling rate, minimize contamination
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and promote recycling at all times. Such meetings shall be mandatory for all Collection and
supervisory personnel and held not less than once per month. All temporary and newly hired
permanent Collection personnel and supervisory employees must receive comprehensive safety
and operational training prior to working on the Collection vehicles or performing duties under
this Agreement. Training manuals and schedules shall be maintained at the local office of
Contractor and available for review at any time by Contract Administrator.
8.4 General Training. All employees involved in the performance of this
Agreement including office and all Collection personnel, must be provided adequate training
before and during their employment with the Contractor. This training shall familiarize
employees with the required duties and standards of performance, specific requirement on routes
to which they will be assigned, teach the route layouts previously established and approved and
provide necessary knowledge to eliminate delays and Missed Collections. All supervisory and
Collection employees must be provided equipment and supplies prior to and during the
performance of their duties. All Collection, administrative, supervisory and customer service
personnel must receive customer service training prior to and during the time they are employed
by the Contractor.
8.5 Contact with Others. Contractor's employees shall treat all customers, co-
workers, Town employees and any individual with whom they come in contact in the
performance of their duties in a polite and courteous manner. Rudeness, belligerence and the use
of profanity are strictly prohibited. The Town reserves the right to direct Contractor to remove
any employee who violates this policy from providing services to the Town, pursuant to this
Agreement.
8.6 Compliance with Laws, Monitoring and Inspections. In performance of
Collection Services, Contractor's employees must adhere to applicable municipal, Town, State
and Federal laws. Town reserves the right to make a complaint regarding any employee of the
Contractor who violates any provision herein, or who is wanton, negligent or discourteous in the
performance of his/her duties. The Town may recommend appropriate action be taken by the
Contractor and may require the Contractor to remove any unacceptable employee, as determined
by the Town, from service to the Town. Contractor will be responsible for all compliance
monitoring and inspection necessary pursuant to the Town's variance with the Maricopa County
Environmental Services Division with respect to the services provided under this Agreement.
9. Hours of Operation and Holidays. Contractor shall not make any changes to the
hours of operation as provided in this Section without the prior, written approval of the Contract
Administrator.
9.1 Residential Collection Services. Excluding Holidays (as defined in
subsection 9.7 below), Contractor shall provide Residential Collection Services from Monday
through Friday, 6:00 AM, Local Time to 5:00 PM, Local Time. Residential Collection
Services that fall on a Holiday shall be collected as set forth in Section 9.7 below.
9.2 Town Facility Recycling Services. Excluding Holidays, Contractor shall
provide Town Facility Recycling Services from Monday through Friday, 6:00 AM, Local
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Time to 5:00 PM, Local Time. Town Facility Recycling Services that fall on a Holiday shall be
collected on the following day.
9.3 Town Facility Solid Waste Services. Excluding Holidays, Contractor
shall provide Town Facility Solid Waste Services from Monday through Friday, 6:00 AM,
Local Time to 5:00 PM, Local Time. Town Facility Solid Waste Services that fall on a Holiday
shall be collected on the following day.
9.4 Extension of Collection Services Hours of Operation. If the Contractor
determines that the Collection Services will not be completed by 5:00 PM, Local Time on the
scheduled Collection day, the Contractor shall notify the Town by 3:00 PM, Local Time and
request an extension of the Collection hours. The Contractor shall inform the Town of the areas
not completed, the reason for non -completion and the expected time of completion. The Town
must approve any extension of hours of operation.
9.5 Disposal Facility. Excluding holidays as defined in subsection 9.7 below,
Contractor shall maintain, or cause its provider to maintain, the Disposal Facility open and
available to receive Solid Waste seven days per week between 7:00 AM, Local Time to 6:00
PM, Local Time.
9.6 Recycling Facility. Excluding Holidays, Contractor shall maintain or
cause its provider to maintain the Recycling Facility open and available to receive Recyclable
Materials seven days per week between 7:00 AM, Local Time to 6:00 PM, Local Time.
9.7 Holidays. The Town, at its sole discretion, may add or delete holidays. If
the Town elects to add or delete holidays, the Town will provide the Contractor notice in
accordance with the provisions of this Agreement. If a holiday occurs on a scheduled Collection
day, Contractor shall perform the scheduled Collection for the holiday on the next calendar day
after the scheduled Collection day. For purposes of this Agreement, "Holidays" shall include the
following:
A. New Year's Day
B. Independence Day
C. Thanksgiving Day
D. Christmas Day
10. Customer Service Complaints; Billing. Contractor and Contractor's employees
understand that customer service is of great importance to the Town. Contractor and its
employees will work diligently to provide high quality customer services to the Town and all
customers.
10.1 Customer Service Complaint Resolution Procedure. All customer service
complaints shall initially be directed to the Contractor. The Contractor will generate an
electronic work order outlining all legitimate complaints received. The work order will contain
(A) date and time of call, (B) customer name, address and phone number and (C) type of
complaint. A copy of the work order will then be electronically submitted to the Town,
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including a schedule for resolution. The Contractor will resolve each customer complaint in a
timely manner as set forth below:
A. Same Day ReQuest. If the complaint is a Missed Collection or
Missed Block, Contractor shall pick up the Missed Collection or Missed Block on that same day
if the complaint is received by the Contractor prior to 11:00 AM, Local Time.
B. Next Day Request. If the complaint is a Missed Collection or
Missed Block, Contractor shall pick up the Missed Collection or Missed Block before 5:00 PM,
Local Time on the next calendar day if the complaint is received by the Contractor after 11:00
AM, Local Time.
C. Other Complaints. If the complaint other than a Missed Collection
or Missed Block, Contractor shall resolve the complaint within 24 hours of written notice of such
complaint to Contractor.
10.2 Work Order Reporting. Upon resolution of the customer complaint,
Contractor will close the work order and resubmit it to the Town. The closed work order will
include (A) Contractor's determination as to legitimacy of the complaint, (B) the date, time and
action taken to resolve complaint and (C) the name of responsible contact at Contractor's
location regarding the complaint.
11. Damage to Property. The Contractor shall take all necessary precautions to
protect public and private property during the performance of this Contract. Except for
reasonable wear and tear, the Contractor shall repair or replace any private or public property
that is damaged by the Contractor. Such property damages shall be addressed for repair or
replacement, at no charge to the property owner, within 48 hours with property of the same or
equivalent value at the time of the damage. If the Contractor fails to address the repair or
replacement of damaged property within 48 hours, the Town may, but shall not be obligated to,
repair or replace such damaged property and the cost of doing so (A) shall be paid by the
Contractor to the Town within 30 days of receipt of demand therefore or (B) may be deducted by
the Town from only amounts owing to the Contractor.
12. Spillage and Leakage, Litter, Dust and Odor.
12.1 Spillage and Leakage. Contractor shall clean up any spilled or blowing
materials as well as fluids spilled or leaked from Contractor's vehicles by the Contractor,
Contractor's employees or authorized person or entity providing service to the Contractor.
During transport, all materials shall be contained, covered and enclosed so that leaking, spilling
and blowing of materials does not occur. Contractor shall perform all cleanups within two hours
of the spillage or leakage.
12.2 Litter. If Contractor operates the Disposal Facility, the Recycling Facility
or the processing facility for Green Waste, the Contractor shall be required to pick up any and all
litter (including any glass spillage) which blows or falls from the Disposal Facility, Recycling
Facility or Green Waste facility onto the site or adjoining or surrounding property by the end of
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each workday or by the end of the first shift, if operated for more than ten hours per day. All on -
site parking areas and roadways shall be swept at least once per month.
12.3 Dust and Odor. If Contractor operates the Disposal Facility, the Recycling
Facility or Green Waste facility the Disposal Facility, Recycling Facility and Green Waste
facility shall be operated to prevent the escape of dust and odors. The Contractor shall routinely
clean the tip floor and the process and storage areas.
13. Recordkeeping, Reporting, Audited Financial Statements and Reporting Format.
13.1 Recordkeeping. The Contractor shall create, maintain and make available
records as defined in, and required by, all applicable local, State and Federal laws, rules and
regulations and any reports as are reasonably necessary to:
A. Deliveries. Document Recyclable Materials deliveries, Residential
Solid Waste deliveries, time delivered to Recycling Facility, time delivered to Disposal Facility,
tonnage of material delivered, Rejected Loads by date collected and other information as
requested by Contract Administrator (a monthly summary shall also be submitted to the Town).
B. Missed Collections; Problem Set -out. Document Missed
Collections, consistent Late Set -outs and consistent Improper Set -outs on a daily basis including
the address, time and date for each and the reason, photograph and notice for Improper Set -outs
(a monthly summary shall also be submitted to the Town).
C. Recovered Material. Provide averages from the Recycling Facility
of Recovered Material from Recyclable Materials tons marketed by commodity, entity marketed
to, price paid by the end market and other information as reasonably requested by Contract
Administrator (a monthly and annual summary shall also be submitted to the Town).
D. Recyclable Materials. For Recyclable Materials, document
incoming tonnages, residue tonnages, rejects tonnages, hazardous waste tonnages, marketed
tonnages by commodity and inventory tonnages by commodity. Contractor shall provide an
explanation if incoming tonnages does not equal the total of rejects tonnages, hazardous waste
tonnages, marketed tonnages by commodity and inventory tonnages by commodity (a monthly
and annual summary shall also be submitted to the Town).
E. Hazardous Waste. Document Hazardous Waste including the
source, tonnage, date received, disposal facility and other information as requested by Contract
Administrator (a monthly and annual summary shall also be submitted to the Town).
F. Other Regulatory Documents. Such other documents and reports
as the Town may reasonably require to verify compliance with the Agreement or to meet the
Town's reporting requirements with the State (a monthly and annual summary shall also be
submitted to the Town).
G. Residue; Reiects. Document Residue and Rejects separately
including tonnage, description of material, source of material (i.e. Recyclable Materials, hauler,
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etc.), disposition and other information as requested by Contract Administrator. A monthly and
annual summary shall also be submitted to the Town.
H. Availability of Documents. All of Contractor's records shall be
available to Town and its representatives at reasonable times and places throughout the term of
this Agreement and for a period of five years after last or final payment.
13.2 Reporting.
A. Initial Reports.
1. Transition Plan. The Contractor shall provide a transition
plan 90 calendar days prior to Commencement Date. This plan shall detail transition to
the Contractor providing Solid Waste Service, Bulk Waste Service, Recycling Service
and Residential Green Waste Service. This transition plan will be submitted for approval
by the Contract Administrator.
2. Processing and Marketing Plan. The Contractor shall
provide a processing and marketing plan 90 calendar days prior to Commencement Date.
This plan shall detail the processing and marketing of all Recyclable Materials and
Recyclable Materials at the site. This processing and marketing plan will be submitted
for approval by the Contract Administrator.
3. Hazardous Waste Contingency Plan. The Contractor shall
provide a Hazardous Waste contingency plan, 30 calendar days prior to the
Commencement Date, to the Contract Administrator and to the Town's Risk Manager.
This plan shall detail what actions shall be taken by the Contractor upon discovery of
Hazardous Waste. This contingency plan will be reviewed by the Contract
Administrator. The plan shall include a copy of a signed contract(s) with a permitted
Hazardous Waste transporter(s) to handle any Hazardous Waste discovered. The plan
must comply with all State and Federal regulations regarding the handling of Hazardous
Waste. Non-conformance with any State or Federal regulation shall cause rejection of
the plan. This Hazardous Waste contingency plan will be submitted for approval by the
Contract Administrator.
B. Monthly Reports. Contractor shall submit all monthly reports
required by this Agreement to the Town Manager or authorized designee within seven calendar
days following the end of each calendar month.
C. Annual Reports. Contractor shall submit all annual reports
required by this Agreement to the Towns Manager or authorized designee within 30 calendar
days following the end of the Town's fiscal year.
13.3 Audited Financial Statements. The Contractor will be required to submit
audited financial statements prepared by an external accounting firm within 90 calendar days of
the end of the Contractor's fiscal year end. The audited financial statements may be issued by
either the Contractor, or by Republic Services, Inc. In the event Contractor is acquired, the
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Contractor shall notify the Town of the transfer in ownership, whereupon the Town shall have
the option to require that the audited financial statements be submitted by the acquiring entity.
The Contractor has provided a Guaranty Agreement by Republic Services, Inc., a copy of which
is attached hereto and incorporated herein as Exhibit H. In the event Contractor is acquired, the
Town shall have the option to require that the acquiring entity provide a Guaranty Agreement in
a form acceptable to the Town Attorney. The financial basis records shall be kept in accordance
with generally accepted accounting principles.
13.4 Report Format. Within 14 days after the Commencement Date, the
Contractor will be required to submit to the Town for its approval the format and sample
contents of the records to be maintained and the reports to be generated in fulfillment of the
requirements of the Agreement. Contractor shall submit all reports in electronic format approved
by the Town and in hard copy.
14. Billing and Collections, Payment and Annual Adjustments.
14.1 Billing and Collection.
A. Solid Waste, Bulk Waste, Recycling and Disposal Services. The
Contractor shall bill Residential Service Units for Residential Solid Waste, Bulk Waste,
Recycling Services and Residential Green Waste Services in accordance with the rate structure
established on Forms 5, 7 and 8 respectively, attached hereto as a part of Exhibit C and as may
subsequently be adjusted as set forth in this Agreement.
1. Understandable Bills. Bills will be clear, concise and
understandable. Bills must be fully itemized, clearly delineating all activity during the
billing period, including optional charges, rebates and credits.
2. Uniform Billing. Contractor shall bill all Residential
Service Units in a uniform, non-discriminatory manner, regardless of level of service.
Payment shall be due no sooner than the 15th day of each billing period, and the due date
shall be listed on each bill. Bills shall be mailed no later than the first day of the billing
period. Contractor shall provide a process to accept payments from a homeowners'
association or its authorized representative for Service Units within that homeowners'
association.
a. Town Materials and Announcements. Contractor
shall include reasonable Town provided newsletters, announcements and similar
materials and information at no additional cost to the Town. The Town and
Contractor shall set the schedule and other reasonable parameters therefore.
b. Information Concerning Annual Residential Bulk
Waste Service, Household Hazardous Waste Events and Electronic Recycling
Events. At least 30 days before each scheduled: (i) Annual Residential Bulk
Waste Service, (ii) Household Hazardous Waste Event and (iii) Electronic
Recycling Event, Contractor will provide a pamphlet (approved in writing by the
Town) in the bills sent to customers in the Town setting forth, as applicable: (i)
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the routes and schedule for the Annual Residential Bulk Waste Service pickup,
(ii) Household Hazardous Waste Event date, time and locations, and (iii)
Electronic Recycling Event date time and location, together with requirements,
limitation and answers to frequently asked questions related thereto. The same
information shall be conspicuously and continuously posted on the Contractors
website and on its billing page for customers within the Town.
3. Customer Dispute. In case of a bill dispute, the Contractor
must respond to a written complaint from a resident within 15 days.
4. Refunds. Refund checks will be issued promptly, but no
later than the next billing cycle following resolution of the request or 30 days, whichever
is earlier. Credits for service will be issued no later than the next billing cycle following
the determination that a credit is warranted.
5. Individual Rights. Contractor shall not deny service, deny
access, or otherwise discriminate against citizens on the basis of race, color, religion,
national origin, sex, age, or disability. Contractor shall comply at all times with all other
applicable federal, state, and local laws and regulations, and as amended from time to
time, relating to nondiscrimination.
6. Equal Opportunity. Contractor shall strictly adhere to
applicable equal employment opportunity requirements of federal, state, and local
regulations as amended from time to time.
7. Protection of Privacv. Except as provided in herein,
Contractor shall not disclose personally identifiable information concerning any customer
without the prior written or electronic consent of the customer concerned. Contractor may
disclose such information if the disclosure is: (a) necessary to render, or conduct a legitimate
business activity related to Services provided by the Contractor to the customer; or (b) made
pursuant to a court order authorizing such disclosure, if the customer is notified of such order by
the person to whom the order is directed.
8. Collection Matters. Contractor shall establish a
procedure for addressing delinquent accounts and shall be solely responsible for
courteous resolution of any collection matters. The Contractor shall be permitted to pick
up the Solid Waste Cart, Recycling Cart and Green Waste Cart from any Residential
Service Unit for which fees for service have become delinquent by more than 60 days
after the first notice of delinquency by the Contractor to the customer. The Contractor
shall not receive any payment from the Town on account of excessive delinquencies.
B. Recycling Facilities Processing and Marketing Services.
Contractor shall submit a monthly bill on or before the 15th day of each month to the Town for
all services performed during the immediate prior calendar month. Contractor shall ensure that
each bill (1) describes services provided to the Town, (2) includes all charges for the prior
month, and (3) includes any other information the Town requests. Contractor shall bill Town in
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accordance with the Rate Structure established on Form 5 and as may subsequently be adjusted
as set forth in this Agreement.
14.2 Town Payment to Contractor.
A. Town Facility Solid Waste Collection Services. Town shall pay
Contractor for Town Facility Solid Waste Collection Services at the rates set forth on Form 6.1
in an amount equal to the Town's authorized Town Facility Solid Waste Collection Services
minus any disputed amounts and minus any liquidated damages.
B. Town Facility Recycling Collection Services. Town shall pay
Contractor for Town Facility Recycling Collection Services at the rates set forth on Form 6.2 in
an amount equal to Town's authorized Town Facility Recycling Collection Services minus any
disputed amounts and minus any liquidated damages.
14.3 Payment for Variance, Inspections. For the duration of this Agreement,
Contractor shall be solely responsible for the costs associated with the request for and issuance
of a variance by the Maricopa County Environmental Services Division with respect to services
to be provided pursuant to this Agreement. Contractor shall also be responsible for conducting
any inspections required as a condition upon the Town's variance. Contractor shall provide the
Town with (A) quarterly reports detailing the inspections completed and (B) other such
information or reports as may be requested by the Town from time to time to comply with the
requirements of the variance.
14.4 Annual Rate Adjustments. All costs proposed in Form 6 shall remain
fixed from the execution of this Agreement through January 14, 2024. Thereafter the costs shall
be adjusted as set forth in Exhibit B, unless otherwise agreed to in writing by the Town. .
15. Public Education Activities. Contractor shall provide the following services
associated with public education notices at no cost to the Town or the customer. Contractor will
at no time place public education notices inside customers' mailboxes. Contractor shall not
distribute any public education notices to Residential Service Units within the Service Area
without written approval from Contract Administrator.
15.1 Development, Printing and Distribution of Improper Set -out Notice.
Contractor shall develop, print and distribute, at Contractor's own expense, an improper set -out
notice. The improper set -out notice shall be approved by the Town and shall include one
original with two copies. The improper set -out notice shall include (A) the date (B) reason for
non -Collection and (C) Contractor's customer service telephone number and (D) any other
information the Town requests. Contractor shall attach the original improper set -out notice via a
non -adhesive means to the handle of the Cart. Contractor shall take a digital photo of set -out that
receives an improper set -out notice. Contractor shall maintain copies of improper set -out notices
and digital photos in a format that enables Contractor to immediately retrieve a requested notice
or photo by address. Contractor shall provide a monthly report of improper set -out notices as set
forth in this Agreement.
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16. Ownership of Solid Waste and Recyclable Materials. Title to Solid Waste,
including Bulk Waste, shall pass to the Contractor once the Contractor takes possession of the
materials at the Residential Service Unit. Title to Recyclable Materials shall remain with the,
Town until the Recyclable Materials are processed and sold. The risk of loss to the Recyclable
Materials shall pass to Contractor at the time they are picked up by the Contractor. After the risk
of loss passes to Contractor, if any Recyclable Materials are lost, damaged or scavenged,
Contractor shall be liable to the Town for that sum of funds that would have been paid to the
Town in accordance with the provisions of this Agreement. Title to and liability for Hazardous
Waste shall at no time pass to the Town or the Contractor and shall, at all times, remain with the
generator of the Hazardous Waste.
17. [Intentionally Deleted]
18. Liquidated Damages. Contractor understands that if Contractor does not timely
perform its obligations pursuant to the terms of this Agreement, Town will suffer damages which
are difficult to determine and adequately specify. The acts or omissions set forth in this Section
18 shall be considered a breach of the Contract. The Contractor shall be liable for liquidated
damages amount(s) upon determination of the Town that performance has not occurred
consistent with the provisions of the Agreement. The Town shall notify the Contractor in writing
or electronically of each act or omission in this Agreement reported to or discovered by the
Town. It shall be the duty of the Contractor to take whatever steps or action may be necessary to
remedy the cause of the complaint. The Contractor agrees, in addition to any other remedies
available to the Town, that the Town may deduct the full amount of any damages from any
payment due to the Contractor. The remedy available to the Town under this paragraph shall be
in addition to all other remedies which the Town may have under law or at equity.
18.1 Missed Collection. $25 for each Missed Collection above two misses per
Collection day, to be assessed at the end of each Collection month. A Missed Collection occurs
when (A) a resident reports that their material was set at the curb by 6:00 AM, Local Time and
was not collected (B) the address was not reported by the Contractor as a late set -out or an
improper set -out. Contractor may dispute the designation as a Missed Collection to the Contract
Administrator. In the case of a dispute, the Contract Administrator's determination shall be final
as to whether a set -out is a Missed Collection.
18.2 Missed Block. $250 for each incident of the Contractor failing to pick up
material on a block. A Missed Block occurs when one side of a street between cross streets or an
entire cul-de-sac where residents from at least three households on that street report that they had
their material out before 6:00 AM, Local Time the material was not picked up, the material was
properly sorted and the address was not reported by the Contractor as a late set -out. Contractor
may dispute the designation as a Missed Block to the Contract Administrator. In the case of a
dispute, the Contract Administrator's determination shall be final as to whether a block is a
Missed Block.
18.3 Less than Majority Collected. $2,500 for each incident for failure to
complete a majority (50%) of the Collections on a given day.
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18.4 Failed Spill Clean-up. $250 for each incident for failure to clean up
material spilled or littered by Contractor within six hours of verbal or written notification.
18.5 Failed Vehicle Maintenance. $100 for each incident for failure to
maintain vehicle in manner which prevents nuisances such as leaky seals or hydraulics.
18.6 Failed Correction of Missed Collection. $250 for each incident for failure
or neglect to collect materials from a Missed Collection location within the amount of time
specified in this Agreement.
18.7 Failed Cart Maintenance. $100 for each incident for failure to maintain
Carts or Containers in proper working order ten days after notice has been provided by the
Town.
18.8 Fail to Timely Complete Reports. $250 for each incident for failure to
timely provide a complete monthly or annual report.
18.9 Failure to Return Carts. $100 for each incident for failure to return Carts
or Containers to their original locations after collection. For the purposes of this subsection,
"original location" shall mean within ten feet of the location at which the Cart was placed
immediately prior to the Contractor picking it up for service. Contractor shall not be penalized
for any Carts returned to their original location which are subsequently moved by a third party.
18.10 Failure to Provide Updated Maps. $50 per day for each day beyond 30
days after change in routing for failure to provide updated route maps to Town after change in
routing.
18.11 Failure to leave Education Tag. $100 for each incident for failure to leave
an education tag when material that is inappropriately prepared is not collected.
18.12 Failure to Label. $100 for each incident for distributing Carts without
labels that include text and graphics depicting what materials may be placed in the containers.
18.13 Failed Customer Complaint Response. $100 per Business Day thereafter
per incident for failure to respond to any customer complaint received by the close of the
following Business Day.
18.14 Failure to Document Customer Complaints. $50 per Business Day
thereafter per incident for failure to provide the Town with the required resolved customer
complaint documentation upon request of the Town.
18.15 Failure to Accept Materials. $3,000 for each day for failure to be able to
accept materials on any day after the date upon which service begins on which materials are to
be collected.
18.16 Failed Reiect Handling. $500 for each occurrence for failure to handle
Rejects in accordance with this Agreement.
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18.17 Failure to Meet Residue Allowance. For Failure to meet annual Residue
Allowance in accordance with this Agreement: (A) $500 for 0.01 % to 5.00% over the Residue
Allowance; (B) $1,000 for 5.01% to 10.00% over the Residue Allowance; (C) $1,500 for each
10.01 % to 15.00% over the Residue Allowance; (D) $2,000 for 15.01 % to 20.00% over the
Residue Allowance; and (E) $2,500 for 20.01 % or more over the Residue Allowance.
Exceptions: For the purposes of this Agreement, the Contractor shall not be deemed to be liable
for penalties where its inability to perform Collection Service is the result of conditions of Force
Majeure as set forth in Section 25 of this Agreement, inclement weather severe enough that
trucks cannot safely take Collections, provided however, that the Contractor shall obtain the
approval for the delay from the Town prior to 3:00 PM, Local Time of the scheduled Collection
day.
19. Payment Withheld. In addition to express provisions elsewhere contained in this
Agreement, Town may withhold from any payment otherwise due the Contractor such amount as
determined necessary to protect the Town's interests on account of. (i) Unsatisfactory progress
of the work not caused by condition beyond Contractor's control; (ii) Defective work not
corrected; (iii) Contractor's failure to carry out instructions or orders of the Town or its
representative; (iv) A reasonable doubt that the Agreement can be completed for the balance then
unpaid; (v) Execution of work not in accordance with the Agreement; (vi) Claim filed by or
against Contractor or reasonable evidence indicating problem filing of claims; (vii) Failure of
Contractor to make payments to any subcontractor for material or labor; (viii) Damage to another
contractor; (ix) Unsafe working conditions allowed to persist by Contractor; (x) Failure of
Contractor to provide required reports and other reports as required by Town; (xi) Use of any
subcontractors without the Town's prior, written approval; or (xii) Failure of Contractor to
provide accurate invoices and supporting data as describe elsewhere in this agreement. When
the foregoing defaults have been cured, payment shall be made for amounts withheld because of
them and the Town shall never be liable for interest on any delayed or late payment. The
Town's right to withhold payments under this Section will be reasonable in light of the nature of
the claims and the amount of available insurance and performance bonds pursuant to this
Agreement.
20. Performance Guaranty. Contractor shall furnish the Town with a Performance
Bond covering faithful performance of this Agreement. The bond shall be submitted within 45
days following the Effective Date, but in no event later than the Commencement Date. The
Bond shall be in an amount not less than annual value of this Agreement and in the form
approved by the Town Attorney. The term of the Bond shall be not less than one year beginning
on the Commencement Date. The Contractor shall furnish the Town with a renewal of the Bond
for an additional term of not less than one year from the expiration date of the Bond then in
effect for each year this Agreement is in effect. The renewal of the Bond shall be submitted at
least 30 days prior to the expiration date of the Bond then in effect. Notwithstanding the
foregoing, the Surety shall not be obligated to renew the Performance Bond for any successive
year. Non -renewal shall not be construed as a default by the Contractor under the bond and shall
not be actionable under any bond provided. The Performance Bond shall be limited to one and
only one surety which shall be issued by a Surety Company authorized to do business in the
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State of Arizona and have A.M. Best rating of "A" or better and the "T" Underwriting limitation
is not exceeded by this Bond.
21. Taxes. Contractor shall be responsible for and shall pay all sales, consumer, use
and other taxes. When equipment, materials or supplies generally taxable to the Contractor are
eligible for a tax exemption due to the nature of the item, Contractor shall assist Town in
applying for and obtaining such tax credits and exemptions which shall be paid or credited to
Town.
22. Compliance with Laws and Regulations. The Contractor shall keep fully
informed and shall at all times during the performance of its duties under this Agreement ensure
that it and any person for whom the Contractor is responsible remains in compliance with all
rules, regulations, ordinances, statutes or laws affecting the Services including the following: (i)
existing and future Town and County ordinances and regulations, (ii) existing and future State
and Federal laws, (iii) existing and future Occupational Safety and Health Administration
("OSHA") standards, (iv) applicable laws, statutes, codes, rules and regulations related to or
prohibiting discrimination in employment in the performance of its work under this Agreement
and (v) requirements as established by the Congress of the United States in the Fair Labor
Standards Act, as amended from time to time.
23. Town Inspection Rights.
23.1 Town's Right to Inspect Records, Books, Data and Documents. The
Town or any of its duly authorized representatives shall have access, within 24 hours of
notification, to all books, records, data and documents of the Contractor related to the services
provided under this Agreement for inspection and audit, at Town's expense. Additionally, the
Contractor shall give the Town written notice of any other professional relationships it enters
into with the Town or any of its agencies or component units during the period of this
Agreement.
23.2 Town's Rights to Inspect Facilities and Equipment. The Town or any of
its duly authorized representatives shall have access, within 24 hours of notification, to inspect
Contractor's facilities, including the Disposal Facility and Recycling Facility if operated by the
Contractor, and equipment and perform such inspections, as Town deems reasonably necessary,
to determine whether the services required to be provided by Contractor under this Agreement
conform to the terms hereof and/or the terms of this Agreement. Town shall conduct the
inspection of facilities and equipment during hours of operation. Contractor shall make available
to Town all reasonable facilities and assistance to facilitate the performance of inspections by
Town's representatives.
24. Dispute Resolution.
24.1 Interpretation of Agreement. Except as provided otherwise in this
Agreement and to the extent permitted by law, the Contract Administrator shall be responsible
for interpreting this Agreement to resolve disputes that may arise hereunder. The parties agree
that any decision rendered by the Contract Administrator in connection with such matters shall
be final and binding upon Contractor, the customer and the Town.
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24.2 Definition of Claim. As used herein "claim" means a written demand or
assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or
interpretation of the Agreement terms, or other relief, arising under or relating to this
Agreement. A voucher, invoice, or request for payment that is not in dispute when submitted is
not a claim under this subsection. However, where the submission is subsequently not acted
upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a
claim for the purpose of this subsection. A claim by the Contractor shall be made in writing and
submitted to the Contract Administrator. When a controversy cannot be resolved by mutual
agreement, the Contractor shall submit a written request for final decision to the Contract
Administrator. The written request shall set forth all the facts surrounding the controversy.
24.3 Process for Dispute Resolution. In connection with any claim under this
clause, the Contractor, at the discretion of the Contract Administrator, may be afforded an
opportunity to be heard and to offer evidence in support of its claim. The Contract Administrator
shall render a written decision on all claims within 30 Business Days of receipt of the
Contractor's written claim, unless the Contract Administrator determines that a longer period is
necessary to resolve the claim. The decision shall be furnished to the Contractor by certified
mail, return receipt requested, or by any other method that provides evidence of receipt. If a
decision is not issued within 30 calendar days, the Contract Administrator shall notify the
Contractor of the time within which a decision shall be rendered and the reasons for such time
extension. Pending resolution of a claim, the Contractor shall proceed diligently with the
performance of the Agreement in accordance with subsection 24.4 below.
24.4 Operations during Dispute. In the event that any dispute arises between
Town and Contractor relating to this Agreement performance or compensation hereunder,
Contractor shall continue to render service and receive compensation in full compliance with all
terms and conditions of this Agreement as interpreted, in good faith, by the Town, regardless of
such dispute. The Contractor expressly recognizes the paramount right and duty of Town to
provide adequate services to its residents and further agrees, in consideration of the execution of
this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any
court without first negotiating with Town in good faith for an adjustment on the matter or matters
in dispute and, upon failure of said negotiations to resolve the dispute shall present the matter to
mediation before a mediator of the parties' choosing. If mediation fails, Contractor shall present
the matter to a court in Arizona. Notwithstanding the other provisions in this subsection, Town
reserves the right to terminate this Agreement at any time whenever the service provided by
Contractor fails to meet reasonable standards of the trade, after Town provides written notice to
Contractor pursuant to Section 28 of this Agreement. Upon termination, Town may call the
performance bond and apply the cash and surety bond for the cost of service in excess of that
charged to Town by the firm engaged for the balance of the Agreement period.
25. Force Majeure. Except for any payment obligation by either party, if the Town or
Contractor is unable to perform or is delayed in its performance of any of its obligations under
this Agreement by reason of any event of force majeure, such inability or delay shall be excused
at any time during which compliance therewith is prevented by such event and during such
period thereafter as may be reasonably necessary for the Town or Contractor to correct the
adverse effect of such event of force majeure. An event of "Force Majeure" shall mean the
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following events or circumstances to the extent that they delay the Town or Contractor from
performing any of its obligations (other than payment obligations) under this Agreement: acts of
God, tornadoes, hurricanes, floods, sinkholes, fires and explosions (except those caused by
negligence of Contractor, its agents and assigns), landslides, earthquakes, epidemics, quarantine,
pestilence and extremely abnormal and excessively inclement weather, acts of public enemy, acts
of war, terrorism, effects of nuclear radiation, blockades, insurrection, riots, civil disturbances or
national or international calamities, suspension, termination or interruption of utilities necessary
to the operation of either the Disposal Facility or the Recycling Facility. In order to be entitled
to the benefit of this Section, a party claiming an event of Force Majeure shall be required to
give prompt written notice to the other party specifying in detail the event of Force Majeure and
shall further be required to use its best efforts to cure the event of Force Majeure.
26. Indemnification. To the fullest extent permitted by law, the Contractor, as
Indemnitor, shall indemnify, defend and hold Town, its officers, officials, employees, agents and
volunteers ("Indemnitees") harmless from and against any and all liability, claims, losses, suits,
actions, damages and expenses (including court costs, attorneys' fees, and costs of claim
processing, investigation and litigation (collectively "Claims") for any personal injury, bodily
injury, loss of life or loss or damage to property or any violation of any Federal, state or local
law or ordinance or other cause related to or arising out of Contractor's performance of its
obligations pursuant to the terms of this Agreement, caused, in whole or in part by the negligent
or intentional acts or omissions of Contractors, its owners, officers, directors, employees,
subcontractors or agents or in the performance of this Agreement. This indemnity includes any
claim or amount arising out of or recovered under the Workers Compensation Law or arising out
of the failure of Indemnitor to conform to any Federal, state or local law, statute, ordinance, rule,
regulation or court decree. It is the specific intention of the parties that the Indemnitee shall, in
all instances except for Claims arising solely from the negligent or willful acts or omissions of
the Indemnitee, be indemnified by Indemnitor from and against any and all Claims. It is agreed
that Contractor will be responsible for primary loss investigation defense and judgment costs
where this indemnification is applicable. The amount and type of insurance coverage
requirements set forth below will in no way be construed as limiting the scope of the indemnity
in this Section.
27. Insurance.
27.1 General.
A. Insurer Qualifications. Without limiting any obligations or
liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies duly licensed by the State of Arizona
with an AM Best, Inc. rating of A- or above with standard policies and ISO. Failure to maintain
insurance as specified herein may result in termination of this Agreement at the Town's option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Contractor. The Town reserves the right to review ACORD form certificates of insurance and/or
applicable blanket -form endorsements cited in this Agreement but has no obligation to do so.
Failure to demand such evidence of full compliance with the insurance requirements set forth in
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this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from,
nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all
times during the performance of this Agreement.
C. Additional Insured. All insurance coverage and self -insured
retention or deductible portions, except Workers' Compensation insurance and Professional
Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims
arising out of the performance of this Agreement, the Town, its agents, representatives, officers,
directors, officials and employees as Additional Insured as specified under the respective
coverage sections of this Agreement.
D. Coverage Term. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed and formally accepted by the Town, unless
specified otherwise in this Agreement.
E. Primary Insurance. Contractor's insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Waiver. All policies, except for Professional Liability, if
applicable, including Workers' Compensation insurance, shall contain a waiver of rights of
recovery (subrogation) against the Town, its agents, representatives, officials, officers and
employees for any claims arising out of the work or services of Contractor. Contractor shall
arrange to have such subrogation waivers incorporated into each policy via formal written
blanket -form endorsement thereto.
G. Policy Deductibles and/or Self -Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self -insured
retention amounts. Such deductibles or self -insured retention shall not be applicable with respect
to the policy limits provided to the Town. Contractor shall be solely responsible for any such
deductible or self -insured retention amount.
H. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Contractor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Section and insurance requirements set
forth herein protecting the Town and Contractor. Contractor shall be responsible for executing
any agreements with its subcontractors and obtaining certificates of insurance verifying the
insurance requirements.
I. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Contractor will provide the Town with suitable evidence of insurance in
the form of ACORD certificates of insurance, issued by Contractor's insurance insurer(s) as
evidence that policies are placed with insurers rated A-VIII (or higher) by A.M. Best as specified
herein and provide the required coverages, conditions and limits of coverage specified in this
Agreement and that such coverage and provisions are in full force and effect. The Town shall
reasonably rely upon the certificates of insurance as evidence of coverage but such acceptance
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and reliance shall not waive or alter in any way the insurance requirements or obligations of this
Agreement. In the event any insurance policy required by this Agreement is written on a "claims
made" basis, coverage shall extend for two years past completion of the Services and the Town's
acceptance of the Contractor's work or services and as evidenced by annual certificates of
insurance. If any of the policies required by this Agreement expire during the life of this
Agreement, it shall be Contractor's responsibility to forward renewal certificates to the Town 15
days prior to the expiration date. All certificates of insurance shall be identified by referencing
the RFP number and title or this Agreement. Additionally, certificates of insurance and
declaration page(s) of the insurance policies submitted without referencing the appropriate RFP
number and title or reference to this Agreement, as applicable, will be subject to rejection and
may be returned or discarded. Certificates of insurance shall specifically include the following
provisions:
1. The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
a. Commercial General Liability - Under Insurance
Services Office, Inc., ("ISO") Form CG 20 10 04 13 or equivalent.
b. Auto Liability - Under ISO Form DA-9U74C or
equivalent.
2. Contractor's insurance shall be primary insurance as
respects performance of the Agreement.
3. All policies, including Workers' Compensation, waive
rights of recovery (subrogation) against Town, its agents, representatives, officers,
officials and employees for any claims arising out of work or services performed by
Contractor under this Agreement.
4. A 30-day advance notice cancellation provision. If
ACORD certificate of insurance form is used, the phrases in the cancellation provision
"endeavor to" and "but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives" shall be deleted. Certificate
forms other than ACORD form shall have similar restrictive language deleted.
27.2 Required Insurance Coverage.
A. Commercial General Liability. Contractor shall maintain
"occurrence" form Commercial General Liability insurance with an unimpaired limit of not less
than $3,000,000 for each occurrence, $5,000,000 Products and Completed Operations Annual
Aggregate and a $5,000,000 General Aggregate Limit. The policy shall cover liability arising
from premises, operations, independent contractors, products -completed operations, personal
injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy
form CG 00 0413 or equivalent thereof, including but not limited to, separation of insured's
clause. To the fullest extent allowed by law, for claims arising out of the performance of this
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Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited
as an Additional Insured under ISO, Commercial General Liability Additional Insured
Endorsement form CG 20 10 0413, or equivalent, which shall read "Who is an Insured (Section
II) is amended to include as an insured the person or organization shown in the Schedule, but
only with respect to liability arising out of "your work" for that insured by or for you." If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be "follow form" equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Contractor shall maintain Business Automobile
Liability insurance with a limit of $2,000,000 each occurrence on Contractor's owned, hired and
non -owned vehicles assigned to or used in the performance of the Contractor's work or services
under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto"
policy form CA 00 01 1013 or equivalent thereof. To the fullest extent allowed by law, for
claims arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, directors, officials and employees shall be cited as an Additional Insured under ISO
Business Auto policy Designated Insured Endorsement form CA DA-9U74C or equivalent. If
any Excess insurance is utilized to fulfill the requirements of this subsection, such Excess
insurance shall be "follow form" equal or broader in coverage scope than underlying insurance.
C. Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction over Contractor's employees engaged in the performance of work or services
under this Agreement and shall also maintain Employers Liability Insurance of not less than
$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy
limit.
27.3 Cancellation and Expiration Notice. Insurance required herein shall not be
canceled, or materially changed without 30 calendar days' prior, written notice to the Town,
other than Workers' Compensation.
28. Termination: Cancellation.
28.1 By the Town for Cause. In the event there should occur any Material
Breach or Material Default in the performance of any covenant or obligation of Contractor which
has not been remedied within 30 days after receipt of written notice from the Town specifying
such breach or default (or such longer period of time as is reasonably necessary to cure any such
breach or default which is not capable of being cured within 30 days, provided that the
Contractor has undertaken the cure within such 30 days and proceeds diligently thereafter to cure
in an expeditious manner; provided further that such cure period shall not exceed 90 days), the
Town, may if such breach or default is continuing, terminate this Agreement upon written notice
to the Contractor. The following events shall, without limitation, constitute a Material Breach or
a Material Default by Contractor for purposes of this Section: (i) contractor shall abandon as
hereinafter defined, the performance of Collection Services for a period of five consecutive
calendar days unless caused by event of Force Majeure. As used herein, the term "abandon"
shall refer to voluntary cessation of performance of Collection Service or operation of the
Disposal Facility or Recycling Facility; (ii) the failure of Contractor to process Recyclable
Materials for a period of five consecutive calendar days at any time after the Commencement
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Date; (iii) if the Contractor's hazardous substance contingency plan as required by this
Agreement hereof shall fail to comply with all Federal and State regulations regarding the
handling of hazardous waste; (iv) the failure of Contractor to pay amounts owed to the Town
under the terms of this Agreement within 14 calendar days after such amounts become finally
due and payable; (v) if Contractor shall be not paying its debts when they become due; shall have
filed, or consented by answer or otherwise to the following against it of, a petition for relief or
reorganization and bankruptcy or insolvency law of any jurisdiction; shall make an assignment
for the benefit of its creditors in lieu of taking advantage of any such bankruptcy or insolvency
law; shall consent to the appointment of custodian, receiver, trustee or other officer with similar
powers with respect to any substantial part of its property; shall be adjudicated insolvent or shall
take corporate action for the purpose of any of the forgoing; and (vi) the default by Contractor
with respect to any obligation to any third party pertaining to the Contractor or to Collection
Services, which may permit any third party, either immediately or following notice and/or the
passage of time to accelerate the maturity of any obligation of the Contractor, to assume control
of the Contractor or take possession of or to transfer or caused to be transferred to any third party
any portion of the assets of the Contractor, but only if such default materially interferes with or
prevents Contractor's performance under the terms of this Agreement.
A. Failure to Cure. If the Contractor shall fail to cure its Breach or
Default as specified in this Section, the Town may terminate this Agreement upon ten days
written notice. In such case, the Contractor shall not be entitled to receive further payment for
services rendered from the effective date of the notice of termination.
B. Notice of Termination. Upon receipt of Notice of Termination,
Contractor shall promptly discontinue all affected work unless the Notice of Termination directs
otherwise, deliver or otherwise make available to Town all data, drawings, specifications,
reports, estimates, summaries, such other information as may have been required under the terms
of Agreement whether completed or in process.
C. Town's Right to Mitigate. In addition, Town may enter into a
separate contract for the completion of the Agreement, according to its terms and provisions, or
use such other methods as in Town's sole opinion shall be required for the completion of the
Agreement. All damages, costs and charges incurred by Town, together with the cost of
completing the terms and provisions of the Agreement, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so incurred by Town
shall exceed the unpaid balance, then Contractor shall be liable and shall pay to Town the
amount of such excess.
D. Contractor Not in Breach. If after Notice of Termination it is
determined for any reason that Contractor was not in Breach or Default, then the rights and
obligations of the Town and the Contractor shall be the same as if the Notice of Termination had
not been issued pursuant to the termination for cause clause as set forth in paragraph 1 of this
Section.
28.2 For Town's Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause 120 days after receipt by Contractor of
written notice by the Town. In such instance, an adjustment shall be made to the Contractor, for
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the reasonable costs of the work performed through the date of termination. Termination costs
do not include lost profits, consequential damages, delay damages, unabsorbed or under
absorbed overhead of the Contractor or its subcontractors and/or failure to include termination
for convenience clause into its subcontracts and material purchase orders shall not expose the
Town to liability for lost profits in conjunction with a termination for convenience settlement or
equitable adjustment. Contractor expressly waives any claims for lost profit or consequential
damages, delay damages, or indirect costs which may arise from the Town's election to
terminate this contract in whole or in part for its convenience.
28.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days' written notice to Contractor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Contractor for the undisputed portion of its fee due as of the termination date.
28.4 Conflict of Interest. This Agreement is subject to the provisions of ARIZ.
REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while the Agreement or any extension
of the Agreement is in effect, an employee of any other party to the Agreement in any Town or a
consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
28.5 Gratuities. The Town may, by written notice to the Contractor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any
agent or representative of the Contractor to any officer, agent or employee of the Town for the
purpose of securing this Agreement. In the event this Agreement is cancelled by the Town
pursuant to this provision, the Town shall be entitled, in addition to any other rights and
remedies, to recover or withhold from the Contractor an amount equal to 150% of the gratuity.
28.6 Agreement Subject to Appropriation. The provisions of this Agreement
for payment of funds by the Town shall be effective when funds are appropriated for purposes of
this Agreement and are actually available for payment. The Town shall be the sole judge and
authority in determining the availability of funds under this Agreement and the Town shall keep
the Contractor fully informed as to the availability of funds for the Agreement. The obligation of
the Town to make any payment pursuant to this Agreement is a current expense of the Town,
payable exclusively from such annual appropriations and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then -current fiscal year and the Town and the Contractor
shall relieved of any subsequent obligation under this Agreement.
28.7 By Contractor For Cause. In the event there should occur any Material
Breach or Material Default in the performance of any covenant or obligation of Town which has
not been remedied within 30 days after receipt of written notice from the Contractor specifying
such breach or default (or such longer period of time as is reasonably necessary to cure any such
34
breach or default which is not capable of being cured within 30 days, provided that the Town has
undertaken the cure within such 30 days and proceeds diligently thereafter to cure in an
expeditious manner), the Contractor, may if such breach or default is continuing, terminate this
Agreement upon written notice to the Town. The following events shall, without limitation,
constitute a Material Breach or a Material Default by Town for purposes of this Section: (i) The
failure of Town to pay amounts owed to the Contractor under the terms of this Agreement within
45 days after such amounts become finally due and payable or (ii) If Town shall have filed, or
consented by answer or otherwise to the following against it of, a petition for relief or
reorganization and bankruptcy or insolvency law of any jurisdiction; shall make an assignment
for the benefit of its creditors in lieu of taking advantage of any such bankruptcy or insolvency
law; shall consent to the appointment of custodian, receiver, trustee or other officer with similar
powers with respect to any substantial part of its property; shall be adjudicated insolvent or shall
take official action for the purpose of any of the foregoing.
A. Failure to Cure. If Town shall fail to cure its Breach or Default as
specified in subsection 28.7- hereof, the Contractor may terminate this Agreement upon ten days
written notice. In such case, the Town shall not be entitled to receive further payment from the
Contractor from the effective date of the Notice of Termination.
B. Damages. All damages, costs and charges incurred by Contractor,
together with the cost of completing the terms and provisions of the Agreement, shall be
deducted from any monies due or which may become due to Town. In case the damages and
expenses so incurred by Contractor shall exceed the unpaid balance, then Town shall be liable
and shall pay to Contractor the amount of such excess.
29. Miscellaneous.
29.1 Survival. Any rights either party may have in the event it terminates this
Agreement pursuant to the terms hereof shall survive such termination.
29.2 Joint Preparation. The preparation of this Agreement has been a joint
effort of the parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
29.3 Further Assurance. Contractor and Town agree to execute, acknowledge
and deliver and cause to be done, executed, acknowledged and delivered all such further
documents and perform such acts as shall reasonably be requested of it in order to carry out this
Agreement and give effect hereto. Accordingly, without in any manner limiting the specific
rights and obligations set forth in this Agreement, the parties declare their intention to cooperate
with each other in effecting the terms of this Agreement.
29.4 Time of the Essence. For purposes herein, the parties agree that time shall
be of the essence of this Agreement and the representations and warranties made are all material
and of the essence of this Agreement.
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29.5 Captions and Section Headings. Captions and section headings contained
in this Agreement are for convenience and reference only and in no way define, describe, extend,
or limit the scope or intent of this Agreement, nor the intent of any provision hereof.
29.6 No Waiver. No waiver of any provision in this Agreement shall be
effective unless it is in writing, signed by the party against whom it is asserted and any such
written waiver shall only be applicable to the specific instance to which it relates and shall not be
deemed to be a continuing or future waiver.
29.7 Exhibits. All Exhibits attached hereto contain additional terms of this
Agreement and are incorporated into this Agreement by reference.
29.8 Independent Contractor. The Contractor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled
to workers' compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Contractor, its employees or subcontractors. The
Contractor and not the Town, shall determine the time of its performance of the services
provided under this Agreement so long as Contractor meets the requirements of its agreed scope
of work. Contractor is neither prohibited from entering into other contracts nor prohibited from
practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine
business operations under this Agreement.
29.9 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Contractor.
29.10 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Agreement will promptly be
physically amended to make such insertion or correction.
29.11 Severability. In the event that any provision of this Agreement shall, for
any reason, be determined to be invalid, illegal, or unenforceable in any respect by a Court of
competent jurisdiction, the parties hereto shall negotiate in good faith and agree to such
amendments, modifications, or supplements of or to this Agreement or such other appropriate
actions as shall, to the maximum extent practicable in light of such determination, implement and
give effect to the intentions of the parties as reflected herein and the other provisions of this
Agreement shall, as so amended, modified, or supplemented, or otherwise affected by such
action remain in full force and effect.
29.12 Entire Agreement, Interpretation, Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
36
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning and no presumption shall be deemed to apply in favor of, or against the party drafting
the Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of and entry into this Agreement.
29.13 Assignment. No right or interest in this Agreement shall be assigned by
Contractor without prior, written permission of the Town signed by the Town Manager and no
delegation of any duty of Contractor shall be made without prior, written permission of the Town
signed by the Town Manager. Any attempted assignment or delegation by Contractor in
violation of this provision shall be a breach of this Agreement by Contractor. This Agreement
and the rights and obligation contained herein shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
29.14 Subcontracts. This Agreement and any permits required for performance
of the Agreement may not be assigned, subcontracted, conveyed, or otherwise disposed of
without the prior, written approval of the Town, which will not be unreasonably withheld. No
such assignment or subcontracting shall relieve Contractor of its liability under this Agreement.
In the event Contractor elects to use any subcontractors, this does not relieve Contractor from
any prime responsibility of full and complete satisfactory and acceptable performance under any
awarded Agreement. However, the Agreement may be assigned for the purpose of financing
after notification of the terms of such assignment to the Town Manager or authorized designee.
29.15 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town's acceptance of and payment for services, shall not release the Contractor from any
responsibilities or obligations imposed by this Agreement or by law and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
29.16 Attorneys' Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys'
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
29.17 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
29.18 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Contractor any amounts Contractor
37
owes to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
29.19 Notices and Requests. Unless a specific time frame for notice is otherwise
specifically set forth in this Agreement (including, but not limited to Subsections 5.3, 5.4, 6.1,
9.4, 23.1, 25 and 29.21), any notice or other communication required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been duly given if. (A)
delivered to the party at the address set forth below; (B) deposited in the U.S. Mail, registered or
certified, return receipt requested, to the address set forth below; (C) given to a recognized and
reputable overnight delivery service, to the address set forth below ;or (D) delivered by e-mail
transmission, with receipt confirmation, to the e-mail address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
E-mail: iller(&fh.az.gov
Attn: Grady Miller, Town Manager
With copy to: Pierce Coleman PLLC
4711 East Falcon Drive, Suite 111
Mesa, Arizona 85215
E-mail: aaron(c-bpiercecoleman.com
Attn: Aaron D. Amson, Town Attorney
If to Contractor: Republic Services of Phoenix
4811 West Lower Buckeye Road
Phoenix, Arizona 85043
Email: dhamblin@republicservices.com
Attn: David Hamblin, General Manager
With a copy to: Republic Services, Inc.
18500 N. Allied Way
Phoenix, Arizona 85054
Attn: General Counsel
or at such other address and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three Business Days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, (C) the following Business Day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following Business Day, or
(D) when received by facsimile transmission during the normal business hours of the recipient.
If a copy of a notice is also given to a party's counsel or other recipient, the provisions above
38
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
29.20 Confidentiality of Records. The Contractor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Contractor's duties under this Agreement. Persons
requesting such information should be referred to the Town. Contractor also agrees that any
information pertaining to individual persons shall not be divulged other than to employees or
officers of Contractor as needed for the performance of duties under this Agreement.
29.21 Records and Audit Rights. Contractor's and its subcontractor's books,
records, correspondence, accounting procedures and practices and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or Services pursuant to this Agreement to ensure that the
Contractor and its subcontractors are complying with the warranty under subsection 29.22 below
(all the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (A) evaluation and verification of any invoices, payments or claims based on
Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the
Arizona employer sanctions laws referenced in subsection 29.22 below. To the extent necessary
for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors
hereby waive any rights to keep such Records confidential. For the purpose of evaluating or
verifying such actual or claimed costs or units expended, the Town shall have access to said
Records, even if located at its subcontractors' facilities, from the effective date of this Agreement
for the duration of the work and until three years after the date of final payment by the Town to
Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town
with adequate and appropriate workspace so that the Town can conduct audits in compliance
with the provisions of this subsection. The Town shall give Contractor or its subcontractors
reasonable advance notice of intended audits.
comply with the provisions of this subsection
subcontract pursuant to this Agreement.
Contractor shall require its subcontractors to
by insertion of the requirements hereof in any
29.22 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT.
§ 41-4401, the Contractor and its subcontractors warrant compliance with all Federal
immigration laws and regulations that relate to their employees and compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the Town.
29.23 Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-
391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business
operations in Sudan or Iran. For the purpose of this subsection the term "scrutinized business
39
operations" shall have the meanings set forth in AFuz. REv. STAT. § 35-391 or 35-393, as
applicable. If the Town determines that the Contractor submitted a false certification, the Town
may impose remedies as provided by law including terminating this Agreement pursuant to
subsection 28.1 above.
29.24 Conflicting Terms. In the event of any inconsistency, conflict or
ambiguity among the Agreement, the Scope of Work, the Fee Proposal, the RFP and the
Contractor's Proposal, the documents shall govern in the order listed herein.
29.25 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in the
State of Arizona, Maricopa County.
[Signatures on following page]
40
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
and year first set forth above.
.'Town"
TOWN OF FOUNTAIN HILLS, an Arizona
municipal corporation
cjv< ,*�*b,j d
S I A A v t- cey , Mayor
ATTEST:
"Contractor"
ALLIED WASTE TRANSPORTATION,
INC. _a Delaware corporation
By
Name: ��X1�Mrn
Its: vicc- �c' 5� eA:
Elizabeth rke, Town Clerk
APPROVED AS TO FORM:
4aoron�D. �Arnson�Town Attorney
41
(ACKNOWLEDGEMENTS)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
This instrument was acknowledged before me o / (o , 2019,
b A4Lj.,jRjjPfi6 the Mayor of the TOWN OF FOLWrAIN HILLS, aArizona municipal
corporatiofV, on behalf of the Town of Fountain Hills.
otary Public in and for the State of Arizona
Q,tN[9i,� RHONDA M. BRENNEMAN
4
Notary PubUc - State of Arizona
MARICOPA COUNTY
V • ,,,, ' My Commission Expires June 30, 2019
STATE OF 4Lzt:2n6& )
) ss.
COUNTY OF _VYi
This instrument was acknowledged before me on 3 :-qLA_, 2019,
by _-T, .r, , vQ n o,,,, as - ►r1_ ofla%c,Q ��. ��t� �Crcw�S(��t.)►ic�1
a(n) , on behalf of the corporation.
My Commission Expires:
J
42
�5ry—public in and for the State of %artnGti
dvcbk
EANNE MOUNT
NDtWyPW*-6fa09dkkm
MARICOMOOLOM
EXHIBIT A
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[RFP]
See following pages.
1089903.7
4OJ�K Ally
Y TOWN OF FOUNTAIN HILLS
DEVELOPMENT SERVICES DEPARTMENT
PW 2018-02
REQUEST FOR PROPOSALS
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
SOLICITATION INFORMATION AND SELECTION SCHEDULE
Solicitation Title:
Solicitation Number:
Release Date:
Advertisement Dates:
MANDATORY
Pre -Submittal Conference:
Final Date for Inquires
Proposal Due Date and Time:
Shortlist Announced for Oral Interviews:
Oral Interviews (if necessary)
Target Town Council Award Date:
Anticipated Agreement Start Date:
Town Representative:
Solid Waste Services
PW2018-02
May 30, 2018
May 30, 2018 — Fountain Hills Times
May 31, 2018 — Arizona Business Gazette
June 12, 2018
3:00 p.m. (local time, Phoenix, Arizona)
Fountain Hills Town Hall
Council Chambers
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
July 5, 2018
July 23, 2018
3:00 p.m. (local time, Phoenix, Arizona)
July 26, 2018
August 8, 2018
September 18, 2018
TBD based upon award date
Raymond Rees rreesAfh.az.gov
480-816-816-5180
* In the event that a Vendor cannot be selected based solely on Proposals submitted, Oral
Interviews may be conducted at the Town's sole discretion.
** The Town of Fountain Hills reserves the right to amend the solicitation schedule as necessary.
SECTION A
Section A
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
TABLE OF CONTENTS
PW2018-002
Page
I. RFP Process, Award of Agreement A-1
II. Proposal Format; Scoring A-7
III. Oral Interviews; Scoring
IV. Required Forms
A-15
A-16
V. Attachment 1 — Town Map A-29
Section B
Draft Solid Waste Services Agreement B-1
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
SECTION A
I. RFP PROCESS: AWARD OF AGREEMENT
1.1 Purpose; Scope of Work. The Town of Fountain Hills (the "Town") is issuing this
Request For Proposals (this "RFP") seeking proposals ("Proposals") from qualified, licensed
firms ("Proposers") with demonstrated experience and qualifications, to provide curbside solid
waste collection and disposal services, bulk waste collection and disposal services, recycling
services and green waste services within the corporate limits of the Town (the "Services"), as more
particularly described in the Draft Solid Waste Services Agreement as Section B, and
incorporated herein by reference.
A. A Town map is attached hereto as Attachment 1 and the estimated total number of
curbside residential units serviceable units (including townhomes and patio homes multifamily
homes, some of which may not require service) within the corporate limits of the Town is 9,300
and this number should be used in preparing the Proposal. The Town estimates that 30% of
Fountain Hills residents are part-time based upon data utilized by the Fountain Hills Sanitary
District. The Town has not independently verified this estimate. The Town is also not able to
provide information as to how many of the part-time residents live in single family detached
homes (requiring individual Carts) as opposed to multifamily homes that do not utilize
individual Carts for the residents.
B. A resident cannot opt out of Waste Services and Recycling Services; Green Waste
Services are required to be offered by the Contractor, but participation by residents is voluntary.
Residents may receive additional Solid Waste Carts so long as such additional Carts are
picked up on the same day as the initial Solid Waste Cart. The Proposer shall propose a
price for additional Solid Waste Carts. See Forms 5.1 and 5.2.
C. Fountain Hills has approximately eight locations for front loading containers,
including local parks, municipal buildings and two fire stations. The Town may sponsor
one or two special events each year (i.e. St. Patrick's Day celebration) that would require
large front loading containers.
1.2 Preparation/Submission of Proposal. Proposers are invited to participate in the
competitive selection process for the Services outlined in this RFP. Responding parties shall
review their Proposal submissions to ensure the following requirements are met.
A. Irregular or Non -responsive Proposals. The Town shall consider as "irregular" or
"non -responsive" and may reject any Proposal not prepared and submitted in accordance with
this RFP, or any Proposal lacking sufficient information to enable the Town to make a
reasonable determination of compliance to the minimum qualifications. Unauthorized
conditions, limitations, or provisions shall be cause for rejection. Proposals may be deemed non-
responsive at any time during the evaluation process, without limitation, if, in the sole opinion of
the Town Manager or authorized designee, any of the following are true:
(1) Proposer does not meet the minimum required skill, experience or requirements
to perform or provide the Services.
A-1
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
(2) Proposer has a past record of failing to fully perform or fulfill contractual
obligations.
(3) Proposer cannot demonstrate financial stability.
(4) Proposer's Proposal contains false, inaccurate or misleading statements that, in
the opinion of the Town Manager or authorized designee, are intended to mislead
the Town in its evaluation of the Proposal.
B. Submittal Quantities. Interested Proposers must submit one original and four
copies (five total submittals) of the Proposal. In addition, interested parties must submit one
original copy of the Proposal on a CD-ROM (or electronic media pre -approved in writing by the
Town) in printable Adobe or Microsoft Word format (or other format pre -approved in writing by
the Town). Failure to adhere to the submittal quantity criteria may result in the Proposal being
considered non -responsive.
C. Required Submittal. The Proposal shall be submitted with a cover letter with an
original ink signature by a person authorized to bind the Proposer. Proposals submitted without
a cover letter with an original ink signature by a person authorized to bind the Proposer may be
considered non -responsive. The Proposal shall be a maximum of fifteen pages to address the
Proposal criteria (excluding resumes and the Proposer Information Form, but including the
materials necessary to address project understanding, general information, organizational chart,
photos, tables, graphs, and diagrams). Each page side (maximum 8 1/2" x 11") with criteria
information shall be counted. However, one page may be substituted with an 11" x 17" sheet of
paper, folded to 8 1/2" x 11", showing a proposed project schedule or organizational chart and
only having information on one side. Cover, back, table of contents and tabs may be used and
shall not be included in the page count, unless they include additional project -specific
information or Proposal criteria responses. The minimum allowable font for the Proposal is 11
pt, Arial or Times New Roman. Failure to adhere to the page limit, size and font criteria may
result in the Proposal being considered non -responsive. Telegraphic (facsimile), electronic (e-
mail) or mailgram Proposals will not be considered.
D. Proposer Responsibilities. All Proposers shall (1) examine the entire RFP, (2)
seek clarification of any item or requirement that may not be clear, (3) check all responses for
accuracy before submitting a Proposal and (4) submit the entire Proposal by the Proposal Due
Date and Time. Late Proposals will not be considered. A Proposer submitting a late Proposal
shall be so notified. Negligence in preparing a Proposal shall not be good cause for withdrawal
after the Proposal Due Date and Time.
A
E. Sealed Submittals. All Proposals shall be sealed and clearly marked with the RFP
number and title, (PW2018-002) Fountain Hills 2020 Solid Waste Services, on the lower left
hand corner of the mailing envelope. A return address must also appear on the outside of the
sealed Proposal. The Town is not responsible for the pre -opening of, post -opening of, or the
failure to open, any Proposals not properly addressed or identified.
F. Pricing. The Proposer shall submit the same number of copies of the Fee
Proposal as described in Subsection 1.2(B) (Submittal Quantities) in a separate, sealed envelope
A-2
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
enclosed with the Proposer's Proposal. Pricing shall be inclusive of all of the Services in the
Scope of Work as described in the Draft Solid Waste Agreement in Section B. A sample Fee
Proposal is attached to the Draft Solid Waste Agreement as Exhibit C. The estimated number of
residential units set forth in Section 1.1 above should be used in submitting the Proposal,
including pricing.
G. Address. All Proposals shall be directed to the following address: Town Clerk,
16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268 or hand -delivered to the
Town Clerk's office by the Proposal Due Date and Time indicated on the cover page of this
RFP.
H. Pricing Errors. If price is a consideration and in case of error in the extension of
prices in the Proposal, the unit price shall govern. Periods of time, stated as number of days,
shall be calendar days.
I. Proposal Irrevocable. In order to allow for an adequate evaluation, the Town
requires the Proposal to be valid and irrevocable for 180 days after the Proposal Due Date and
Time indicated on the cover of this RFP.
J. Amendment/Withdrawal of Proposal. At any time prior to the specified Proposal
Due Date and Time, a Proposer (or designated representative) may amend or withdraw its
Proposal. Any erasures, interlineations, or other modifications in the Proposal shall be initialed
in original ink by the authorized person signing the Proposal. Facsimile, electronic (e-mail) or
mailgram Proposal amendments or withdrawals will not be considered. No Proposal shall be
altered, amended or withdrawn after the specified Proposal Due Date and Time.
1.3 Cost of Proposal Preparation. The Town does not reimburse the cost of developing,
presenting or providing any response to this solicitation. Proposals submitted for consideration
should be prepared simply and economically, providing adequate information in a
straightforward and concise manner. The Proposer is responsible for all costs incurred in
responding to this RFP. All materials and documents submitted in response to this RFP become
the property of the Town and will not be returned.
1.4 Inquiries.
A. Written Inquiries. Any question related to the RFP, including any part of the
Scope of Work, shall be directed to the Town Representative whose name appears on the cover
page of this RFP. Questions shall be submitted in writing by the date indicated on the cover
page of this RFP. In the event the Town offices are closed on the Final Date for Inquiries, the,
Proposer may submit the question(s) to the Town Representative via e-mail or voicemail. Any
correspondence related to the RFP shall refer to the title and number, page and paragraph.
However, the Proposer shall not place the RFP number and title on the outside of any envelope
containing questions, because such an envelope may be identified as a sealed Proposal and may
not be opened until the Proposal Due Date and Time.
B. Inquiries Answered. Verbal or telephone inquiries directed to Town staff will not
be answered. Prior to the Proposal Due Date listed on the cover page of this RFP, or any
amendment thereto, answers to properly and timely submitted questions received in writing or
A-3
TOWN OF FOUNTAIN HILLS
SECTION A
DEPARTMENT
PUBLIC WORKS
PW2018-002
via e-mail will be mailed, sent via facsimile and/or e-mailed to all parties who obtained an RFP
package from the Town and who legibly provided a mailing address, facsimile and/or e-mail
address to the Town. No questions, submitted in any form, will be answered after the Final Date
for Inquiries.
C. Pre -Submittal Conference. A Pre -Submittal Conference may be held. If
scheduled, the date and time of this conference will be indicated on the cover page of this RFP.
This conference may be designated as mandatory or non -mandatory on the cover page of this
RFP. Additionally, if the Pre -Submittal Conference is designated as mandatory, failure to attend
shall render that Proposer's Proposal non -responsive. Proposers are strongly encouraged to
attend those Pre -Submittal Conferences designated as non -mandatory. The purpose of this
conference will be to clarify the contents of this RFP in order to prevent any misunderstanding
of the Town's requirements. Any doubt as to the requirements of this RFP or any apparent
omission or discrepancy should be presented to the Town at this conference. The Town will
then determine if any action is necessary and may issue a written amendment or addendum to the
RFP. Oral statements or instructions will not constitute amendments or addenda to this RFP.
1.5 Addenda. Any addendum issued as a result of any change in this RFP shall become part
of the RFP and must be acknowledged in the Proposal submittal. Failure to indicate receipt of
the addendum may result in the Proposal being rejected as non -responsive. It shall be the
Proposer's responsibility to check for addenda issued to this RFP. Any addendum issued by the
Town with respect to this RFP will be available at:
Town of Fountain Hills Town Hall,
16705 East Avenue of the Fountains, Fountain Hills, Arizona 85268
Town of Fountain Hills website at: www.fh.az.gov/bids
1.6 Payment Requirements; Payment Discounts. Any Proposal that requires payment in less
than 30 calendar days shall not be considered. Payment discounts of 30 calendar days or less
will not be deducted from the Proposal Price in determining the low Proposal. The Town shall
be entitled to take advantage of any payment discount offered, provided payment is made within
the discount period. Payment discounts shall be indicated on Price Sheet.
1.7 Federal Excise Tax; Transaction Privilege Tax. The Town is exempt from Federal
Excise Tax, including the Federal Transportation Tax. Transaction privilege tax, if any, shall be
included in the unit price for each line item. It shall not be considered a lump sum payment
item.
1.8 Public Record. All Proposals shall become the property of the Town and shall become a
matter of public record available for review, subsequent to the award notification, in accordance
with the Town's Procurement Code.
1.9 Confidential Information. If a Proposer believes that a Proposal or protest contains
information that should be withheld from the public record, a statement advising the RFP
Administrator of this fact shall accompany the submission and the information shall be clearly
identified. The information identified by the Proposer as confidential shall not be disclosed until
the Procurement Agent makes a written determination. The Procurement Agent shall review the
statement and information with the Town Attorney and shall determine in writing whether the
A-4
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
information shall be withheld. If the Town Attorney determines that it is proper to disclose the
information, the RFP Administrator shall inform the Proposer in writing of such determination.
1.10 Proposer Licensing and Registration. Prior to the award of the Agreement, the successful
Proposer shall be registered with the Arizona Corporation Commission and authorized to do
business in Arizona. The Proposer shall provide licensure information with the Proposal.
Corporations and partnerships shall be able to provide a Certificate of Good Standing from the
Arizona Corporation Commission. A Town of Fountain Hills business license is also required.
1.11 Certification. By submitting a Proposal, the Proposer certifies:
A. No Collusion. The submission of the Proposal did not involve collusion or other
anti -competitive practices.
B. No Discrimination. It shall not discriminate against any employee or applicant
for employment in violation of Federal Executive Order 11246.
C. No Gratuity. It has not given, offered to give, nor intends to give at any time
hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount,
trip favor or service to a Town employee, officer or agent in connection with the submitted
Proposal. It (including the Proposer's employees, representatives, agents, lobbyists, attorneys,
and subcontractors) has refrained, under penalty of disqualification, from direct or indirect
contact for the purpose of influencing the selection or creating bias in the selection process with
any person who may play a part in the selection process, including the Selection Committee,
elected officials, the Town Manager, Assistant Town Managers, Department Heads, and other
Town staff. All contact must be addressed to the Town's Procurement Agent, except for
questions submitted as set forth in Subsection 1.4 (Inquiries), above. Any attempt to influence
the selection process by any means shall void the submitted Proposal and any resulting
Agreement.
D. Financial Stability. It is financially stable, solvent and has adequate cash reserves
to meet all financial obligations including any potential costs resulting from an award of the
Agreement.
E. No Siianature/False or Misleading Statement. The signature on the cover letter of
the Proposal and the Proposer Information Form is genuine and the person signing has the
authority to bind the Proposer. Failure to sign the Proposal and the Proposer Information Form,
or signing either with a false or misleading statement, shall void the submitted Proposal and any
resulting Agreement.
F. Draft Solid Waste Agreement. In addition to reviewing and understanding the
submittal requirements, it has reviewed the attached sample Draft Solid Waste Agreement
including the Scope of Work and other Exhibits.
G. Initial Term of Agreement. The Town's intent is that the Initial Term of the
Agreement will be five years, with the three additional one-year option terms thereafter. Upon
execution, the Effective Date and the Expiration Date will be established and set forth in the
Agreement.
A-5
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
H. If a Proposer currently providing waste collection service within the corporate
limits of the Town is awarded the contract, such hauler will not be required to replace every Cart
already placed on each property.
1.12 Award of Agreement.
A. Selection. A Selection Committee composed of representatives from the Town
will conduct the selection process according to the schedule listed on the cover page of this RFP.
Proposals shall be opened at the time and place designated on the cover page of this RFP. The
name of each Proposer and the identity of the RFP for which the Proposal was submitted shall be
publicly read and recorded in the presence of witnesses. PRICES SHALL NOT BE READ. The
Selection Committee shall award the agreement to the responsible and responsive Proposer
whose Proposal is determined, in writing, to be the most advantageous to the Town and best
meets the overall needs of the Town taking into consideration the evaluation criteria set forth in
this RFP. The amount of applicable transaction privilege or use tax of the Town shall not be a
factor in determining the most advantageous Proposal. After the Town has entered into an
Agreement with the successful Proposer, the successful Proposal and the scoring documentation
shall be open for public inspection.
B. Line Item Option. Unless the Proposal states otherwise, or unless otherwise
provided within this RFP, the Town reserves the right to award by individual line item, by group
of line items, or as a total, whichever is deemed most advantageous to the Town.
C. Multiple Award. The Town, at its sole discretion, may elect to enter into
Agreements with multiple Proposers who are qualified to provide the Services. The final terms
and conditions of the proposed Agreement will be negotiated by the Town with the successful
offerors.
D. Form of Agreement. The selected Proposer will be required to execute the
Town's Draft Solid Waste Agreement in a form acceptable to the Town Attorney. A sample of
the standard agreement is included with this RFP. If the Town is unsuccessful in negotiating an
Agreement with the highest -scoring Proposer, the Town may then negotiate with the second,
then third, highest -scoring Proposer until an Agreement is executed. Town Council approval
may be required. The Town reserves the right to terminate the selection process at any time.
E. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this RFP,
the Town expressly reserves the right to: (1) waive any immaterial defect or informality, (2)
reject any or all Proposals or portions thereof and (3) cancel or reissue an RFP.
F. Protests. Any Proposer may protest this RFP, the proposed award of an
Agreement, or the actual award of an Agreement. All protests will be considered in accordance
with the Town Procurement Code.
1.13 Offer. A Proposal is an offer to contract with the Town based upon the terms, conditions
and specifications contained in this RFP and the Proposer's responsive Proposal, unless any of
the terms, conditions, or specifications are modified by a written addendum or agreement
amendment. Provided, however, that no contractual relationship shall be established until the
:C
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
Proposer has signed, and the Town has approved (including approval by Town Council, where
applicable) and properly executed, a Draft Solid Waste Agreement between the Town and the
Proposer in the form acceptable to the Town Attorney. A sample Draft Solid Waste Agreement
is included herein.
II. PROPOSAL FORMAT; SCORING
2.1 Evaluation Process. Each submittal will be reviewed for compliance with the Proposal
requirements by the Selection Committee. If necessary, the Selection Committee may conduct
oral interviews with up to three of the highest ranked Proposers based upon the Proposal
submittal scoring.
2.2 Proposal Format and Scoring. Proposals shall be organized and submitted in the format
as outlined below. Failure to conform to the designated format, standards and minimum
requirements may result in a determination that the Proposal is non -responsive. Additionally,
the Selection Committee will evaluate and award points to each Proposal based upon the
evaluation criteria as outlined in this document. Points listed below are the maximum number of
points possible for each criteria; there is no minimum number that the Selection Committee must
award.
2.2 Forms: Organization. Proposals shall be organized and submitted in the format
indicated in the table below. The content of each chapter of the Proposal shall include the
information described in subsection 2.3 below. The Proposer shall complete all forms in full.
Forms not completed in full may result in disqualification. Forms 6, 7 and 8 allow the Proposer
an opportunity to quote separate prices based on if Proposer is or is not awarded Residential
Solid Waste Services, Residential Bulk Waste Services, Residential Recycling Services and
Town Facility Recycling Services. If there is any doubt to the meaning of the same, Proposer
may submit an inquiry to the Town in accordance with the requirements as set forth in this RFP.
Chapter
Content
Chapter 1
Letter of Intent
Form 1: Statement of Organization
Form 2: Certificate of Insurability
Form 3: Acknowledgement of Addenda
Chapter 2
Form 4: Experience
Key Personnel
Statement of Independence
Disclosure of Preclusion from Participating in Public Procurement
Litigation, Regulatory Actions and Payment of Liquidated Damages
Chapter 3
Financial Statement
Chapter 4
Method of Approach
Chapter S
Billing
hapter 6
Cost Information
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SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
2.3 Content. The Proposal shall contain all of the following information, organized as set
forth below.
A: Chapter 1: General Information: 5 points
1. Letter of Intent. One page cover letter as described in subsection 1.3(C). The
cover letter shall include the following statements:
a. "Proposal is binding offer for a 180 calendar day period from the opening date as
specified in this RFP."
b. "The information contained in this Proposal or any part thereof, including its
exhibits, schedules and other documents and instruments delivered or to be
delivered to the Town, are true, accurate and complete to the Proposer's
knowledge. This Proposal includes all information necessary to ensure that the
statements herein do not in whole or in part mislead the Town as to any materials
facts."
2. Statement of Organization. Proposer must complete Form 1. Proposers are
permitted to supply additional information that will assist the Town in understanding the legal
organization of the Proposer. Include the legal name, address, identification number and legal
form of the Proposer (e.g., partnership, corporation, joint venture, sole proprietorship). If a joint
venture, identify the members of the joint venture and provide all of the information required
under this section for each member. If the Proposer is a wholly owned subsidiary of another
company, identify the parent company.
3. Certificate of Insurability. Proposer must complete Form 2. Failure to complete
Form 2 may result in rejection of the Proposal.
4. Acknowledgement of Addenda. Proposer must complete Form 3. Failure to
acknowledge all addenda may result in rejection of the Proposal.
B: Chapter 2: Experience and Qualifications of the Proposer: 20 points
1. Experience. Proposer must complete Form 4. Proposers are permitted to
supply additional information that will assist the Town in understanding the Proposer's
experience.
2. Key Personnel. Proposer shall provide an organization chart for key personnel
and job descriptions indicating the qualifications and experience of key personnel the Proposer
would assign to the transition team and to the ongoing management of the Services provided
under the Agreement. For positions that are currently unfilled, identify minimum qualifications
for that position. Specify the amount of time each individual will be dedicated to work on the
Agreement. Provide resumes, names and phone numbers of municipal references of the key
proposed management team members. At a minimum, key personnel shall include general
manager, operations manager and maintenance manager or other personnel that will have regular
contact with the Town.
M
TOWN OF FOUNTAIN HILLS
SECTION A
DEPARTMENT
PUBLIC WORKS
PW2018-002
3. Statement of Independence. The Proposer shall list and describe the Proposer's or
the Proposer's subcontractor's professional relationships involving the Town or any of its
agencies or component units for the past five years, together with a statement explaining why
such relationships do not constitute a conflict of interest relative to performing the Services
sought in this RFP.
4. Disclosure of Preclusion from Participating in Public Procurement. If the firm,
business or person submitting this Proposal has been debarred, suspended or otherwise lawfully
precluded from participating in any public procurement activity, including being disapproved as
a subcontractor with any Federal, state or local government, or if any such preclusion from
participation from any public procurement activity is currently pending, the Proposer shall fully
explain the circumstances relating to the preclusion or proposed preclusion in the Proposal. The
Proposer shall include a letter with its Proposal setting forth the name and address of the
governmental entity, the effective date of this suspension or debarment, the duration of the
suspension or debarment and the relevant circumstances relating to the suspension or debarment.
If suspension or debarment is currently pending, a detailed description of all relevant
circumstances including the details enumerated above shall be provided. The Selection
Committee will conduct oral interviews with at least three, but not more than five, of the highest
ranked Proposers based upon the Proposal submittal scoring; provided; however, that fewer than
three may be interviewed in the event that less than three qualified Proposals are received. After
the Town has entered into an Agreement with the successful Proposer, the successful Proposal
and the scoring documentation shall be open for public inspection.
5. Litigation, Regulatory Actions and Liquidated Damages History. Proposer shall
describe all past and pending civil, legal, regulatory and criminal actions in which $2,500 or
more was initially sought or ultimately obtained, that: (a) are (i) now pending or which have
occurred in the past five years, (ii) against key personnel, Proposer, Proposer's
subcontractors and all subsidiaries owned by Proposer and (iii) related to the scope of work
described by this RFP and occurring within Arizona, New Mexico, California, Nevada, Utah or
Colorado; or (b) involve a governmental entity as a party.
6. Compliance Records. In addition to the compliance information provided in
response to other sections of this RFP, Proposer shall submit copies of all notices of violations,
corrective action notices, enforcement actions or orders, warning notices or other forms of
permit violation/non-compliance documentation that the Proposer and Proposer's subcontractors
received in the past five years from public agencies for vehicles and other equipment and vehicle
staging, maintenance, processing, green waste processing, transfer and disposal facilities in
Arizona, which are owned or operated by the Proposer, Proposer's subcontractors, or Proposer's
parent company and subsidiaries. In addition, provide a statement disclosing any and all fines,
penalties, settlements, or damages of any kind paid by Proposer, Proposer's subcontractors,
Proposer's parent company and subsidiaries, to public agencies in the past five years.
C: Chapter 3: Financial Statement: 10 points
Proposer shall furnish a copy of the Proposer's most recent audited financial statement. If In the
event the Proposer does not have an audited financial statement, Proposer may substitute non -
audited financial statement and complete federal tax return for the last two years.
A-9
TOWN OF FOUNTAIN HILLS
SECTION A
DEPARTMENT
D: Chapter 4: Method of Approach:
PUBLIC WORKS
PW2018-002
40 points
1. General Proposal Requirements. Proposers proposing on any Service Option
must provide the following:
a. Description of Collection Equipment. Proposer shall describe the
collection equipment that will be used to perform services. Proposer shall describe (i.e.
manufacturer, capacity, color and other specifications) the Solid Waste Carts and
Recycling Carts to be purchased. If requested, Proposer shall provide a sample of the
Solid Waste Carts, Recycling Carts and Green Waste Carts. Proposer shall specify the
number of collection vehicles, make, model, age, description of equipment and materials
to be collected via the vehicle. The maximum age of a collection vehicle to be used
within the corporate limits of the Town is seven years. Proposer shall describe the future
equipment to be acquired and provide a timeline for acquisition of new equipment.
Proposer shall identify if the collection service will be performed with one -person or
two- person crews. Proposer shall state the average age of the collection vehicles to be
used for the Agreement.
b. Collection Route Schedules and Maps. Proposer shall include a
proposed route schedule and maps, detailing the collection areas and routes, sequence
and corresponding days of the week.
C. Disposal and Processins Contracts. Proposer shall provide proof of
disposal and processing contracts. If proposer owns the disposal and processing facilities,
provide proof of ownership, along with proof of the processing facilities' capacity to
handle solid waste from the Town.
d. Approach to Minimize Container Damage. Proposer shall describe
procedures used to minimize damage to plastic refuse and recycling containers.
e. Self -haulers. Proposer shall state whether self -haulers will be permitted to
deliver materials directly to the Disposal Facility and/or Recycling Facility. If self -
haulers are able to deliver materials, Proposer shall state the days and hours that self -
haulers may deliver materials, the process for delivery of materials, the costs for delivery
of materials and other relevant information.
2. Recvclins Service Proposal Requirements. In addition to the information
required for all Proposers, Proposers bidding on Residential Recycling Services, Town Facility
Recycling Services. Neighborhood Recycling Drop-off Services and/or Special Event Recycling
Services must provide the following:
a. Recyclable Materials to be Collected. Proposer shall identify all
Recyclable Materials to be collected. Town recommends the Proposer collect the
following materials:
Aluminum cans and foil.
Steel/tin cans
Glass food and beverage containers (flint, amber and green)
A-10
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
• Newspaper, slick paper inserts
• Magazines, paperback books
• Residential mixed paper, junk mail inserts
• Telephone books and Yellow Pages
• Cardboard (corrugated, chipboard)
• Aerosol cans
• Plastic bottles and containers (Recycling logo #1 through #6)
b. Recyclable Materials Accepted by Processing Facility. Proposer shall
identify all Recyclable Materials accepted by the Processing Facility. If there are
Recyclable Materials accepted by the Processing Facility that are not to be collected by
the Proposer, Proposer shall explain the reason such recyclable materials are not to be
collected.
C. Approach to Minimize Over -Compaction of Recyclables. Describe
approach to reduce residual of recyclable loads delivered to processing center.
d. Processina Site Information. Provide the following information related to
each processing facility:
• Name, location and description
recyclable materials will be handled.
• Name of owner and operator
of the processing facility where
of the facility, identifying if the
company that owns and/or operates the processing facility is the
same as the Proposer, a related -party entity, or subcontractor.
• Contact name and phone number of the processing facility site manager.
• The contract with the processing facility.
• Operating procedures particularly related to inspection and handling
of hazardous materials inadvertently delivered to the facility and
related to the sorting equipment used to segregate and
consolidate recyclable materials.
e. Permitted and Available Processing Capacity. Proposer shall state
the daily and annual permitted capacity of the processing facility. If the
processing facility is not owned and operated by the Proposer, provide a letter from the
processing facility owner and operator that documents its commitment to provide the
processing services proposed in the Proposal and guaranteeing the capacity required
over the term of the Solid Waste Service Agreement. If the capacity guaranteed to the
Town relies on development of a new facility or expansion of an existing facility,
describe the development or expansion plans, additional capacity to be constructed,
schedule for development/expansion and permitting status of the development/expansion
plan.
f. Import Restrictions or Fees. Proposer shall list any import restrictions,
taxes, or fees that will be applicable to the receipt of the Town's recyclable materials,
specifying for each tax or fee the per -ton dollar amount of such fee. Proposer should
describe any import fees that might affect the revenue typically generated from a
particular recyclable material. The Town is not currently aware of any such fees locally.
A-11
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
However, as the Town is neither in the solid waste business nor aware of the final
destination of any recyclable materials collected in the Town, the Town must rely on the
Proposer to disclose any such fees. Proposer should discuss the ability of the host
jurisdiction or state to increase or levy taxes, host fees, or other fees. If there is an import
restriction on accepting materials from outside of the local jurisdiction, describe the
process to have the import restriction waived.
3. Solid Waste Services. Proposer shall describe the method for performing
Residential Solid Waste Services, Town Facilities Solid Waste Services and Special Event Solid
Waste Services. Proposer shall describe whether the system shall be fully automated or semi -
automated. In addition, Proposer shall describe how out of Cart set -out shall be handled and
other pertinent information.
a. Disposal Site Information. Provide the following Information related to
each disposal facility:
• Name, location and description of the disposal facility where recyclable
materials will be handled.
• Name of owner and operator of the facility, identifying if the company
that owns and/or operates the disposal facility is the same as the Proposer,
a related -party entity, or subcontractor.
• Contact name and phone number of the disposal facility site manager.
• The contract with the disposal facility.
• Operating procedures particularly related to inspection and handling of
hazardous materials inadvertently delivered to the facility and related to
the sorting equipment used to segregate and consolidate recyclable
materials.
b. Permitted and Available Disposal Capacity. Proposer shall state the daily
and annual permitted capacity of the disposal facility. If the disposal facility is not
owned and operated by the Proposer, provide a letter from the disposal facility owner
and operator that documents its commitment to provide the disposal services
proposed in the Proposal and guaranteeing the capacity required over the term of the
Solid Waste Service Agreement. If the capacity guaranteed to the Town relies on
development of a new facility or expansion of an existing facility, describe the
development or expansion plans, additional capacity to be constructed, schedule for
development/expansion and permitting status of the development/expansion plan.
4. Quarterly Residential Bulk Waste Services.
a. Proposer shall describe the method for performing Residential Bulk Waste
Services on a quarterly basis (four times a year as approved by the Town) including
routes, sequencing and proposed schedule. Proposer shall also describe: (i) the
equipment, personnel and process to be utilized for the quarterly Residential Bulk Waster
Services pickup (items for pickup cannot be placed on the streets because of lack of
curbing and sidewalks); and (iii) how Bulk Waste in excess of the allotted amount shall
be handled and other pertinent information.
A-12
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
b. Proposer shall also describe how it will communicate information
concerning each scheduled quarterly Residential Bulk Waste Service to customers
including, at a minimum, providing a pamphlet (approved in writing by the Town) in the
bills sent to Residential Service Unit customers setting forth the routes and schedule for
the Quarterly Residential Bulk Waste Service pickup, together with requirements,
limitation and answers to frequently asked questions related thereto, and conspicuously
and continuously posting on Proposer's website and on its billing page for customers
within the Town.
5. Residential Green Waste Services Proposal Requirements. In addition to the
information required for all Proposers, Proposers bidding on Residential Green Waste
Services must provide the following:
a. Green Waste Processine Site Information. Provide the following
information related to each processing facility to be used:
• Name, location and description of the green waste processing facility.
• Name of owner and operator of the facility, identifying if the company
that owns and/or operates the processing facility is the same as the
Proposer, a related -party, entity or subcontractor.
• Contact name and phone number of the site manager.
• The contract with the green waste processing facility.
• Operating procedures particularly related to inspection and handling of
hazardous materials inadvertently delivered to the facility and related to
the pre-processing activities, green waste processing methods.
• Marketing plans for finished products.
b. Permitted and Available Processing Capacity. State the daily and
annual permitted capacity of the processing facility. If the processing facility is not
owned and operated by the Proposer, provide a letter from the processing facility owner
and operator that documents its commitment to provide the green waste processing
services proposed in the Proposal and guaranteeing the capacity required over the term of
the Agreement. If the capacity guaranteed to the Town relies on development of a new
facility or expansion of an existing facility, describe the development or expansion plans,
additional capacity to be constructed, schedule for development/expansion and
permitting status of the development/expansion plan.
C. Materials Accepted for Processing. Provide a list of the materials accepted
at the facility for green waste processing.
d. Import Restrictions or Fees. Proposer shall list any import restrictions,
taxes, or fees that will be applicable to the receipt of the Town's green waste materials,
specifying for each tax or fee the per -ton dollar amount of such fee. Discuss the ability
of the host jurisdiction or state to increase or levy taxes, host fees, or other fees. If there
is an import restriction on accepting materials from outside of the local jurisdiction,
describe the process to have the import restriction waived.
A-13
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
6. Annual Household Hazardous Materials Collection. Each Proposer shall include
in its Proposal a plan for household hazardous waste (i.e., paints, solvents, pesticides, herbicides,
oils, etc.) collection events to occur at leaser once per calendar year.
7. Annual Electronics Recycling Event. Each Proposer shall include in its Proposal a
plan for electronic recycling (including but not limited to AC Adapters, Calculators, Cameras,
Cell Phones, CD Rom/DVD Drives, Computers (PCs / laptops / servers / tablets), digital cable
boxes, docking stations, electric motors, fax machines, hard drives, keyboards & mice, medical
equipment, metals, modems, monitors (LCD & LED), wires / cables / power cords, power tools,
printers, routers, DVD players and video game equipment) events to occur at least once per
calendar year.
E. Chapter 5: Billing 5 points
Proposer shall submit information related to its proposed method of billing. The proposed form
of billing structure shall meet the minimum standards set forth in the sample Solid Waste
Disposal Agreement.
F. Chapter 6: Cost Information 20 points
Proposer shall complete the forms set forth below:
1. Residential Services. Each Proposer submitting a Proposal for Residential Solid
Waste Services, Residential Bulk Waste Services and Residential Recycling Services, Proposer
shall complete Form 5, including:
5.1 Costs for Residential Solid Waste Services — Solid Waste and Recycling
collection on the same single day each week;
5. LA Costs for Residential Solid Waste Services - Multiple Day Collection.
"Multiple Day Collection" means two Solid Waste pick-ups in each week,
with Recycling picked up on the same day as one of the two Solid Waste
pick-ups.
5.2 Costs for Residential Solid Waste Services - without Recycling one day a
week; and
5.3 Residential Recycling Processing and Marketing Rate and Town Facility
Recycling Processing and Marketing Rate
2. Town Facility Services and Special Event Services. Each Proposer submitting a
Proposal for Town Facility Solid Waste Services, Town Facility Recycling Services,
Special Events Solid Waste Services and Special Events Recycling Services shall complete
Form 6, including:
6.1 Costs for Town Facility Solid Waste Services;
6.2 Costs for Town Facility Recycling Services; and
A-14
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
6.3 Costs for Special Events Solid Waste Services and Special Events
Recycling Services.
3. Neighborhood Recycling. Each Proposer submitting a Proposal for
Neighborhood Recycling Drop-off Services shall complete Form 7 (including 7.1 and 7.2).
4. Green Waste. Each Proposer submitting a Proposal for Residential Green Waste
Services shall complete Form 8.
5. Pricing Escalator. Each Proposer shall provide any periodic price escalator on
an annual basis for each of the intended five years in the initial term of the contract and provide
an example demonstrating how the escalator would be applied.
Total Possible Points for Written Submittal: 100
III. ORAL INTERVIEWS: SCORING
In the event that a Proposer cannot be selected based solely on the Proposals submitted, up to
three Proposers may be selected for oral interviews. The selected Proposers will be invited to
participate in discussions with the Selection Committee on the date indicated on the cover page
of this RFP and awarded points based upon the criteria as outlined below. Proposers may be
given additional information for these oral interviews. These discussions will relate less to the
past experience and qualifications already detailed in the Proposals and relate more to: (i)
identifying the Proposing firms' program approach and to an appraisal of the people who would
be directly involved in this Services for this RFP: (ii) exploring with the Proposer the scope and
nature of the project, the Proposer's proposed method of performance and the relative utility of
alternate methods of approach; and (iii) an appraisal of the people who would be directly
involved in this Services for this RFP.
Oral Interview Points:
General Information 10
Experience and Qualifications of the Proposer 25
Key Positions 20
Proposed Services Provided 35
Favorable Evaluation by Maricopa County
Department of Environmental Health Service 10
Total Possible Points for Oral Interview 100
TOTAL POINTS POSSIBLE FOR THIS RFP: 200
A-15
SECTION A
DEPARTMENT
1.
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
V. REQUIRED FORMS
FORM 1: STATEMENT OF ORGANIZATION
PROPOSER
Full Name of Business:
Principal Business Address:
Principal Phone Number:
Local Business Address:
Local Business Contact Person:
Local Business Fax:
Local Business E-Mail:
Type of Organization:
Tax ID #:
License #:
Provide names of authorized representative(s) of the Proposer who has legal authority to bind
the Proposer in contractual obligations:
(a)
(b)
(c)
2. SERVICE OPTIONS
Service Options Proposed (check all that apply):
Residential Solid Waste Services, Residential Bulk Waste Services, Residential
Recycling Services and Town Facility Recycling Services.
Town Facility Solid Waste Services
Neighborhood Recycling Drop-off Services
Residential Green Waste Services
3. SUBCONTRACTOR
List of all firms participating in this Proposal:
Name Address Area of Responsibility
(a)
(b)
(c)
(d)
A-16
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
FORM 2: CERTIFICATE OF INSURABILITY
By submitting a Proposal, the submitting Proposer certifies that it is fully aware that the
Insurance Requirements contained in the Agreement apply whether awarded one or more
Service Options pursuant to this RFP. Furthermore, the Proposer assures the Town of
Fountain Hills that it is able to produce the insurance coverage required should it be selected
for award of the Agreement.
Should the Proposer's firm be awarded the Agreement by the Town and then be unable to
produce the insurance coverage specified within ten calendar days, it is fully aware and
understands that it may not be considered for further projects by the Town of Fountain Hills.
Signature of Proposer
Printed Name of Signee
Company Name
Date
A-17
SECTION A
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS DEPARTMENT
FORM 3: ACKNOWLEDGEMENT OF ADDENDA:
PW2018-002
By submission of this Proposal, Proposer hereby certifies receipt of all the addenda listed in the
table below.
of Addendum
A-18
SECTION A
DEPARTMENT
FORM 4: EXPERIENCE
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
Proposer shall provide a minimum of five references of public agencies, cities, towns, private
companies, contracts and communities presently being served by the Proposer with similar
services to those being proposed in this proposal
Name of Public Agency:
Address:
Phone Number:
Contact Person:
Year Contract Initiated:
Number of Residential Units Served:
Description of Services:
2. Name of Public Agency:
Address:
Phone Number:
Contact Person:
Year Contract Initiated:
Number of Residential Units Served:
Description of Services:
Name of Public Agency:
Address:
Phone Number:
Contact Person:
Year Contract Initiated:
Number of Residential Units Served:
Description of Services:
A-19
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL
BULK WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES
Form 5.1- Costs for Residential Solid Waste Services
onde through Frida
Collection Week
Service Rate
tSaiDayCollection
I
Different Day
Ill
Collection 121
Residential Solid Waste Services
1.
Solid Waste Collection Service
$
/Umt/Month
$
/Unit/Month
Rate
2.
Solid Waste Cart Rate [3]
65 Gallon
$
/Unit/Month
$
/Unit/Month
96 Gallon
$
/Umt/Month
$
/Unit/Month
3.
Solid Waste Disposal Rate 4
$
/Unit/Month
$
/Unit/Month
4.
Additional Solid Waste Cart
$
/Unit/Month
$
/Unit/Month
Collection Service Rate 5
5.
Additional Solid Waste Cart Rate
$
/Umt/Month
$
/Unit/Month
[3][5)
6.
Additional Solid Waste Cart
[6]
[6]
Disposal Rate 4 5
7.
Non -Collection Day Collection
$
/Umt/Month
$
/Unit/Month
Rate 7
8.
Non -Collection Day Disposal Rate
[6]
[61
4 7
Quartedy
Residential Bulk Waste Services
1.
Bulk Waste Collection Rate
$
/6 CY
$
/6 CY
2.
Bulk Waste Disposal Rate [41
$
6 CY
$
/6 CY
Residential Recycling Services
1.
Recycling Collection Service Rate
$
/Unit/Month
$
/Unit/Month
2.
Recycling Cart Rate [3][8]
65 Gallon
$
/Unit/Month
$
/Unit/Month
96 Gallon
$
/Umt/Month
$
/Unit/Month
Residential Cart Change Rate 191
$
/Cart '
$
/Cart ,
[1] Same Day Collection means Contractor shall perform both Residential Solid Waste Services and Residential Recycling Services on
the same day of the week for each Residential Service Unit.
[2] Different Day Collections means Contractor may perform Residential Solid Waste Services and Residential Recycling Services on
different days of the week for each Residential Service Unit.
[3] Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Residential Service Units at the expiration of the Agreement shall rest with the Contractor.
[41 Disposal Rate shall be the sole fee charged for the disposal of Solid Waste and Bulk Waste.
[5] Additional Solid Waste Service means the cost associated with an additional Solid Waste Cart for a Residential Service Unit.
[6] Additional Solid Waste Cart Disposal Rate shall be equal to Solid Waste Disposal Rate.
[7] Non -Collection Day Collection Rate shall mean the provision of Solid Waste Collection Services by the Contractor on a day other
than the Residential Service Unit's scheduled Collection day.
[8] Proposer shall provide a choice of the size of Carts for solid waste and recycling (65 & 96-gal) to enable residents to choose the level
of service most appropriate for their situation. The default level of service will be the 96 gallon Carts. Recycle Carts shall be a
standard blue color with the recycle logo imprinted on the container; provided, however, that the Town may, it its sole discretion,
allow for alternative Recycling Cart colors that are clearly marked or colored to easily distinguish them from the Solid Waste Cart and
A-20
SECTION A
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
DEPARTMENT PW2018-002
the Green Waste Cart and so long as the recycle logo is clearly displayed. All Carts must be Proposer grade, wheeled containers. Each
must have a permanently attached lid, and be designed to easily fit through gates and doors.
[9] Proposer shall provide residents with a one-time ability to request a change in Cart size. Any additional changes in Cart size will be
individually charged to the resident, per Cart.
A-21
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL
BULK WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES
Form 5.1.A - Costs for Residential Solid Waste Services
Service Rate
Monday through Friday
Collection Week
Multiple Day Collection
1
Residential Solid Waste Services
1.
Solid Waste Collection Service Rate
$
/Unit/Month
2.
Solid Waste Cart Rate [2]
65 Gallon
96 Gallon
$
$
/Unit/Month
/Unit/Month
3.
Solid Waste Disposal Rate 3
$
/Unit/Month
4.
Additional Solid Waste Cart Collection
Service Rate 4
$
/Unit/Month
5.
Additional Solid Waste Cart Rate [2][4]
$
/Unit/Month
6.
Additional Solid Waste Cart Disposal
Rate 3 4
[6]
7.
Non -Collection Day Collection Rate [6]
$
/Unit/Month
8.
Non -Collection Day Disposal Rate
[3][6]
[6]
Residential Bulk Waste Services
1.
Bulk Waste Collection Rate
$
/6 CY
2.
Bulk Waste Disposal Rate [3]
$
/6 CY
3.
Semiannual Bulk Waste Event
$
/6 CY
Residential Recycling Services
1.
Recycling Collection Service Rate
$
/Unit/Month
2.
Recycling Cart Rate [2][7]
65 Gallon
96 Gallon
$
$
/Unit/Month
/Unit/Month
Residential Cart Change Rate 181.
$
JCart
[1) Multiple Day Collection means Contractor shall perform, for each Residential Service Unit, Residential Solid Waste Services on two
days each week and Residential Recycling Services on the same day of the week as one of the Residential Solid Waste Services days.
[2) Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Residential Service Units at the expiration of the Agreement shall rest with the Contractor.
[3) Disposal Rate shall be the sole fee charged for the disposal of Solid Waste and Bulk Waste.
[4) Additional Solid Waste Service means the cost associated with an additional Solid Waste Cart for a Residential Service Unit.
[5] Additional Solid Waste Cart Disposal Rate shall be equal to Solid Waste Disposal Rate.
[6] Non -Collection Day Collection Rate shall mean the provision of Solid Waste Collection Services by the Contractor on a day other
than the Residential Service Unit's scheduled Collection day.
[7] Proposer shall provide a choice of the size of Carts for solid waste and recycling (65 & 96-gal) to enable residents to choose the level
of service most appropriate for their situation. The default level of service will be the 96 gallon Carts. Recycle Carts shall be a
standard blue color with the recycle logo imprinted on the container; provided, however, that the Town may, it its sole discretion,
allow for alternative Recycling Cart colors that are clearly marked or colored to easily distinguish them from the Solid Waste Cart and
the Green Waste Cart and so long as the recycle logo is clearly displayed. All Carts must be Contractor grade, wheeled containers.
Each must have a permanently attached lid, and be designed to easily fit through gates and doors.
[8) Proposer shall provide residents with a one-time ability to request a change in Cart size. Any additional changes in Cart size will be
individually charged to the resident, per Cart.
A-22
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL BULK
WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES (continued)
Form 5.2 - Costs for Residential Solid Waste Services
WITHOUT RECYCLING
Monday
through
riday
Collection Week
Service Rate
Same
Day Collection
1
Different Day
[11
Collection 2
Residential Solid Waste Services
1.
Solid Waste Collection Service
Rate
$
/Unit/Month
$
/Unit/Month
2.
Solid Waste Cart Rate [ 1 ] [6]
65 Gallon
$
/Umt/Month
$
/Unit/Month
96 Gallon
$
/Unit/Month
$
/Unit/Month
3.
Solid Waste Disposal Rate 2
$
/Umt/Month
$
/Unit/Month
4.
Additional Solid Waste Cart
Collection Service Rate 3
$
/Unit/Month
$
/Unit/Month
5.
Additional Solid Waste Cart Rate
[1][3
$
/Unit/Month
$
/Unit/Month
6.
Additional Solid Waste Cart
Disposal Rate [2)[3]
[6]
[6]
7.
Non -Collection Day Collection
Rate 5
$
/Unit/Month
$
/Unit/Month
8.
Non -Collection Day Disposal Rate
[2][51
[6]
T
[6]
Quarterly
Residential Bulk Waste Services
1.
Bulk Waste Collection Rate
$
/6 CY
$
/6 CY
2.
Bulk Waste Disposal Rate [2]
$
/6 CY
$
/6 CY
Residential Cart Change Rate [7) 1
$
/Cart
$
/Cart
[1] Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Residential Service Units at the expiration of the Agreement shall rest with the Contractor.
[2] Disposal Rate shall be the sole fee charged for the disposal of Solid Waste and Bulk Waste.
[3] Additional Solid Waste Service means the cost associated with an additional Solid Waste Cart for a Residential Service Unit.
[4] Additional Solid Waste Cart Disposal Rate shall be equal to Solid Waste Disposal Rate.
[5] Non -Collection Day Collection Rate shall mean the provision of Solid Waste Collection Services by the Contractor on a day other
than the Residential Service Unit's scheduled Collection day.
[61 Proposer shall provide a choice of the size of Carts for solid waste (65& 96-gal) to enable residents to choose the level of service most
appropriate for their situation. The default level of service will be the 96 gallon Carts. All Carts must be Proposer grade, wheeled
containers. Each must have a permanently attached lid, and be designed to easily fit through gates and doors.
[7] Proposer shall provide residents with a one-time ability to request a change in Cart size. Any additional changes in Cart size will be
individually charged to the resident, per Cart.
A-23
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL BULK
WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES (continued)
Form 5.3 - Residential Recycling Processing and Marketing Rate and Town Facility
Recycling Processing and Marketing Rate
Type of Recyclable Material
Processing/Marketing Fee
Flat per Ton Payment
Revenue Share 14][71
I
2
3 7
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Outgoing Ton r6l
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton [6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6]
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6]
$ /Out oin Ton [6] 1
_%
% to Contractor
[1] Proposer shall list the type of Recyclable Material.
[2] Processing/Marketing Fee shall be the sole fee charged for the processing and marketing of Recyclable Materials.
[3] Incoming Tons means the tons of recorded at the scale house at the Recycling Facility upon arrival of the Collection vehicle.
[4] Outgoing Tons means the tons of Recyclable Materials sold.
[5] The intent of columns 3 and 4 is to allow the Town to have a baseline by which to compare the cost savings to the Town against
the added benefit to the citizens. The Town intends that none of the revenue from Recycling shall be paid to the Town;
Contractor shall retain all such revenues.
A-24
SECTION A
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
DEPARTMENT PW2018-002
FORM 6: COST FORM FOR TOWN FACILITY SOLID WASTE SERVICES AND SPECIAL
EVENTS SOLID WASTE SERVICES
Form 6.1 - Costs for Town Facility Solid Waste Services
Collection FrequencX Per Week
Rates
lx 2x 3x 4x 5x 6x 7x
Solid Waste Cart Service
96 gallons
Collection Rate 1
Disposal Rate 1 2
Cart Rental Rate 1 3
Container Service
2 CY
Collection Rate 1
Disposal Rate 1 2
Container Rental Rate 1 4
4 CY
Collection Rate 1
Disposal Rate 1 2
Container Rental Rate 1 [4
6 CY
Collection Rate 1
Disposal Rate [1] [2
Container Rental Rate 1 4
8 CY
Collection Rate 1
Disposal Rate 1 2
E[I
Container Rental Rate 4
[1] Collection Rate, Disposal Rate and Container Rental Rate shall be stated in $/Comainer/Month.
[2] Disposal Rate shall be the sole fee charged for the disposal of Solid Waste.
[3] Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Town Facilities at the expiration of the Agreement shall rest with the Contractor.
[4] Container Rental Rate shall be the sole fee charged by the Contractor for the purchase, maintenance, delivery and all other costs
associated with the Container.
Form 6.2 - Costs for Town Facility Recycling Services [11
Collection Frequency
Collection Rate
Processing/MarketingProcessing/Marketing
Fee
Container Rental Rate [21
1 x
per week
$
/Container/Month
3
$ /Container/Month
2 x
per week
$
/Container/Month
3
$ /Container/Month
3 x
per week
$
/Container/Month
3
$ /Container/Month
4 x
per week
$
/Container/Month
3
$ /Container/Month
5 x
per week
$
/Container/Month
3
$ /Container/Month
6 x
per week
$
/Container/Month
3
$ /Container/Month
7 x
per week
$
/Container/Month
[3
$ /Container/Month
[ 1 ] Town Facility Recycling Services shall be provided via Containers asset forth in the Solid Waste Service Agreement.
[2] Container Rental Rate shall be the sole fee charged by the Contractor for the purchase, maintenance, delivery and all other costs
associated with the Container.
[3] Shall be equal to the fee for residential recycling processing and marketing as stated in table 5.2 above.
A-25
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 6: COST FORM FOR TOWN FACILITY SOLID WASTE SERVICES AND SPECIAL
EVENTS SOLID WASTE SERVICES (continued)
Form 6.3 - Costs for Special Events Solid Waste Services and Special Events Recycling Services
Solid Waste
Roll -off Size
Collection Rate
Disposal Rate
Container Rental Rate
10 CY
$
/Container/Pull
$
/Ton
$
/Container
20 CY
$
/Container/Pull
1
$
/Container
30 CY
$
/Container/Pull
1
$
/Container
40 CY
$
/Container/Pull
1
$
/Container
[1] Disposal Rate shall be equal to Disposal Rate for a 10 CY.
Special Event Recycling Services
Collection Frequency
Collection Rate
Processing/Marketing Fee
1 x per event
$ /96 Gallon Cart/Event
Ill
2 x per event
$ /96 Gallon Cart/Event
Ill
3 x per event
$ /96 Gallon Cart/Event
Ill
4 x per event
$ /96 Gallon Cart/Event
[1 ]
5 x per event
$ /96 Gallon Cart/Event
Ill
6 x per event
$ /96 Gallon Cart/Event
1
7 x per event
$ /96 Gallon Cart/Event
[1
[1] Shall be equal to the fee for residential recycling processing and marketing as stated in Form 5 above.
A-26
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 7: COST FORM FOR NEIGHBORHOOD RECYCLING DROP-OFF SERVICES
Form 7.1 - Costs for Neighborhood Recycling Drop-off Services [1]
Collection Frequency
Collection Rate
Container Rental Rate 2
1 x
per week
$
/Container/Month
$
/Container/Month
2 x
per week
$
/Container/Month
$
/Container/Month
3 x
per week
$
/Container/Month
$
/Container/Month
4 x
per week
$
/Container/Month
$
/Container/Month
5 x
per week
$
/Container/Month
$
/Container/Month
6 x
per week
$
/Container/Month
$
/Container/Month
7 x
per week
$
/Container/Month
$
/Container/Month
[1] Neighborhood Recycling Drop-off Services shall be provided via Containers as set forth in the Solid Waste Services
Agreement.
[2] Container Rental Rate shall be the sole fee charged by the Contractor for the purchase, maintenance, delivery and all other
costs associated with the Container.
Form 7.2 - Neighborhood Recycling Drop-off Services Processing and Marketing Rate
Type of Recyclable
Processing/Marketing Fee
Flat per Ton Payment
Revenue Share [4] [7]
Material 11
2
3 7
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
_%
% to Contractor
[ 1 ] Proposer shall list the type of Recyclable Material.
[2] Processing/Marketing Fee shall be the sole fee charged for the processing and marketing of Recyclable Materials.
[3] Incoming Tons means the tons of recorded at the scale house at the Recycling Facility upon arrival of the Collection vehicle.
[4] Outgoing Tons means the tons of Recyclable Materials sold.
[5] The intent of columns 3 and 4 is to allow the Town to have a baseline by which to compare the cost savings to the Town
against the added benefit to the citizens. The Town intends that none of the revenue from Recycling shall be paid to the
Town; Contractor shall retain all such revenues.
A-27
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
FORM 8: COST FORM FOR RESIDENTIAL GREEN WASTE SERVICES
Monday through Friday Collection Week
Service Rate
Same Day Collection
Different Day Collection
1
2
Residential Green wasteerviises
. > « ..,.
1. Residential Green
$ /Unit/Month
$ /Unit/Month
Waste Collection
Service Rate
2. Residential Green
$ /Unit/Month
$ /Unit/Month
Waste Processing
and Marketing Rate
[1] Same Day Collection means Contractor shall perform both Residential Solid Waste Services and Residential Recycling services on the
same day of the week for each Residential Service Unit.
[2] Different Day Collections means Contractor may perform Residential Solid Waste Services and Residential Recycling Services on
different days of the week for each Residential Service Unit.
A-28
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
V. ATTACHMENT 1 - TOWN MAP
4OyN4AWyTown of Fountain Hills
i
STREET MAP
'"+• .++°� Map Date: JANUARY 1, 2016
NC 9GV u WMAN ►AK
A-29
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
SECTION B
Sample
Solid Waste Services Agreement
IM
PUBLIC WORKS
PW2018-002
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
SAMPLE
SOLID WASTE SERVICES AGREEMENT
BETWEEN
TOWN OF FOUNTAIN HILLS
AND
This SOLID WASTE SERVICES AGREEMENT (this "Agreement) is made on
, 2018 (the "Effective Date") between the Town of Fountain Hills,
an Arizona municipal corporation (the "Town") and , a(n)
(the "Contractor").
RECITALS
A. The Town issued a Request For Proposals, "Solid Waste Services (PW2018-002)"
(the "RFP"), a copy of which is attached hereto as Exhibit A and incorporated herein by
reference, seeking proposals from vendors for residential curbside solid waste collection and
disposal services, bulk waste collection and disposal services, residential recycling services,
green waste services, Town facility solid waste services, Town facility recycling services and
special event solid waste and recycling services within the corporate limits of the Town of
Fountain Hills (the "Services").
B. The Contractor submitted a proposal in response to the RFP (the "Proposal"),
which is attached hereto as Exhibit B and incorporated herein by reference, and the Town desires
to enter into an Agreement with the Contractor for the Services.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated
herein by reference, the following mutual covenants and conditions, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the Town and the
Contractor hereby agree as follows:
1. Definitions. As used herein, and notwithstanding any other contrary definition
given these terms under Arizona law, the parties hereto specifically agree that the terms defined
below shall, for the purpose of this Agreement, have the meanings as set forth in this Section.
The words "shall," "will" and "must" are always mandatory and not merely discretionary. The
word "may" indicates something that is not mandatory but permissible. When not inconsistent
with the context, words in the plural shall include the singular and vice versa, words importing
persons shall include firms and corporations, words in the present tense shall include the future
and use of the masculine gender shall include the feminine gender. The terms "herein,"
"hereunder," "hereby," "hereto," "hereof' and any similar terms, shall refer to this Agreement;
the term "heretofore" shall mean before the date of adoption of this Agreement; and the term
"hereafter" shall mean after the initial date of adoption of this Agreement.
LAN
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
1.1 "Backdoor" means a location at the front, side or rear of a Residential
Service Unit acceptable to both the Resident and Contractor as the location for Residential
Collection Service. If an appropriate location cannot be agreed upon, the Contract Administrator
shall designate the location for Residential Collection Service.
1.2 "Bulk Waste" means Solid Waste composed of materials not easily
containerized in a Solid Waste Cart or Recycling Cart such as, but not limited to, Green Waste,
furniture, cardboard and large appliances.
1.3 "Bulk Waste Collection Services" means Collection of Bulk Waste and
delivery to the Disposal Facility or the Recycling Facility by the Contractor.
1.4 "Bulk Waste Services" means Bulk Waste Collection Services and the
disposal of Bulk Waste at the Disposal Facility or recycling of Bulk Waste at the Recycling
Facility.
1.5 "Business Day" means any day, Monday through Friday, from 5:00 AM,
Local Time to 5:00 PM, Local Time.
1.6 "Cart" means a Recycling Cart, a Solid Waste Cart or a Green Waste Cart,
as applicable.
1.7 "Council" means the Mayor and Town Council of the Town of Fountain
Hills, Arizona.
1.8 "Collection" means the act of picking up Solid Waste or Bulk Waste from
Residential Units and delivery of the Solid Waste or Bulk Waste to the Disposal Facility.
Collection shall also mean the act of picking up Program Recyclables from Residential Units or
Town Facilities and delivery of the Program Recyclables to the Recycling Facility.
1.9 "Collection Service" means Residential Solid Waste Collection Services,
Residential Bulk Waste Collection Services, Residential Recycling Collection Services,
Residential Green Waste Collection Services, Town Facility Solid Waste Collection Services,
Town Facility Recycling Collection Services, Special Event Solid Waste Collection Services and
Special Event Recycling Collection Services.
1.10 "Commencement Date" means the earliest date the Contractor shall
commence the Collection Services in accordance with this Agreement and pursuant to the
phase -in schedule set forth in Exhibit D, attached hereto and incorporated herein by reference.
1.11 "Construction Debris" means solid waste derived from the construction,
repair or remodeling of buildings or other structures.
1.12 "Construction and Demolition Waste" shall include Construction Debris
and Demolition Debris.
I:
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
1.13 "Contamination" means the existence of any material or substance on or
contained in Recyclable Materials that would result in failure to meet Recovered Material
specifications.
1.14 "Contract Administrator" means the Town Manager of the Town, or his
designee or designees, who shall represent the Town in the administration and supervision of this
Agreement.
1.15 "Container" means any metal or plastic container, with a capacity of
approximately 300 gallons designed to or intended to be mechanically dumped into a loader -
packer type garbage truck and used for Town Facility Recycling Services. All such Containers
must be clearly marked in a manner as approved by the Town.
1.16 "Demolition Debris" means solid waste derived from the demolition of
buildings or other structures.
1.17 "Disposal Facility" means a facility, area of land or excavation in which
Solid Waste and Bulk Waste are placed for permanent disposal. Disposal Facility does not
include a land application unit, surface impoundment, injection well, compost pile or waste pile
or an area containing ash from the on -site combustion of coal that does not contain household
waste, household hazardous waste or conditionally exempt small quantity generator waste.
the Contractor.
1.18 "Disposal Services" means the disposal of Solid Waste and Bulk Waste by
1.19 "Expiration Date" means June 30, 20_ at 11:59 PM, Local Time.
1.20 "Green Waste" means organic yard waste, including but not limited to,
grass clippings, tree trimmings, brush clippings, and other similar material.
1.21 "Green Waste Cart" means a receptacle with wheels with a capacity of up
to approximately 96 gallons designed or intended to be mechanically dumped into a load -packer
type garbage truck and approved by the Town Manager or authorized designee for the Collection
of Green Waste from Residential Service Units. All Green Waste Carts shall be green in color
and clearly distinguishable from Solid Waste Carts.
1.22 "Hazardous Waste" means solid waste as described in 40 Code of Federal
Regulations part 261, as amended.
1.23 "Local Time" means the time in Phoenix, Arizona.
1.24 "Materials Acceptance Protocol (MAP)" means the document which
identifies the types and standards for the Recyclable Materials which are to be collected and
processed under this Agreement. The MAP is attached hereto as Exhibit E and incorporated
herein by reference.
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
1.25 "Missed Block" shall mean, as determined by three or more customers on
a block, that each customer deems that her/his respective properly -prepared Cart that was set out
at the Collection location on the scheduled Collection day was not picked up by the Contractor.
1.26 "Missed Collection" shall mean, as determined by the customer, a
properly prepared Cart that was set out at the Collection location on the scheduled Collection day
that was not picked up by the Contractor.
1.27 "Nonprogram Recyclable" means any Recyclable Materials, excluding
Program Recyclables, delivered to the Recycling Facility.
1.28 "Nonprogram User" means any generator of Nonprogram Recyclables.
1.29 "Non -recyclable Waste" means the portion of Solid Waste, exclusive of
Hazardous Waste, that is not Program Recyclables.
1.30 "Person" means an individual, corporation, company, association,
partnership, unit of local government, state agency, Federal agency, or other legal entity.
1.31 "Process", "Processed" or "Processing" means the separation, sorting,
crushing, baling, shredding, flattening or other treatment of Program Recyclables into Recovered
Materials.
1.32 "Processing Fee" means the per ton fee for receipt and processing of
Program Recyclables.
1.33 "Program Recyclables" means the Recyclable Materials as defined in the
MAP originating from sources within the Town which are collected single stream and delivered
by the Contractor or self haulers, delivered to the Recycling Facility, and processed and
marketed by the Recycling Facility.
1.34 "Recovered Material(s)" means Recyclable Materials which have been
processed at the Recycling Facility to market specifications.
1.35 "Recyclable Materials" means those materials which are capable of being
recycled and which would otherwise be processed or disposed of as Solid Waste.
1.36 "Recyclable Materials Collection Services" means the provision of
Residential Recycling Collection Service, Town Facility Recycling Collection Service and
Special Event Recycling Collection Service by the Contractor.
1.37 "Recycling" means any process by which materials which would
otherwise become Solid Waste are collected, separated, or processed and reused or returned to
use in the form of raw materials or products.
TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
1.38 "Recycling Cart" means a receptacle with wheels with a capacity of up to
approximately 96 gallons designed or intended to be mechanically dumped into a loader -packer
type garbage truck and approved by the Town Manager for the Collection of Program
Recyclables from Residential Service Units, Town Facilities and special events. All such
Recycling Carts must be clearly marked in a manner as approved by the Town Manager or
authorized designee.
1.39 "Recycling Facility" means a Solid Waste Facility that is owned, operated
or used for the storage, treatment or processing of Recyclable Materials and that handles wastes
that have a significant adverse effect on the environment.
1.40 "Recycling Services" means the Collection of Recyclable Materials by the
Contractor from Residential Service Units and Town Facilities in the Town, delivery of
Recyclable Materials to Recycling Facility, and processing and marketing of Recyclable
Materials at the Recycling Facility.
1.41 "Rejects" means material other than Residue, such as Non -recyclable
Waste or materials other than those defined in the MAP, which is delivered with Recyclable
Materials and which shall be handled and accounted for separately from Recyclable Materials
and Residue.
1.42 "Residential Bulk Waste" means Bulk Waste that is generated and
disposed of at a Residential Service Unit.
1.43 "Residential Bulk Waste Collection Service" means the Collection of Bulk
Waste by the Contractor from Residential Service Units and the delivery of the Bulk Waste to
the Disposal Facility or Recycling Facility.
1.44 "Residential Green Waste Service" means the Collection of Green Waste
by the Contractor from Residential Service Units and the delivery of Green Waste to a green
Waste processing facility.
1.45 "Residential Recyclable Materials" means any Recyclable Materials that is
generated from Residential Service Units, not including Construction and Demolition Waste or
Hazardous Waste.
1.46 "Residential Recycling Collection Services" means the Collection of
Recyclable Materials by the Contractor from Residential Service Units and the delivery of the
Recyclable Materials to the Recycling Facility.
1.47 "Residential Recycling Services" means the Collection of Recyclable
Materials by the Contractor from Residential Service Units, delivery of the Recyclable Materials
to the Recycling Facility and processing and marketing of the Recyclable Materials at the
Recycling Facility.
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
1.48 "Residential Services" means Residential Solid Waste Services,
Residential Bulk Waste Collection Services, Residential Green Waste Services and Residential
Recycling Services.
1.49 "Residential Service Unit" mean residential dwellings and establishments
identified by the Town to receive Residential Services from the Contractor and utilizing (i) a
Solid Waste Cart for the accumulation and set -out of Residential Solid Waste and (ii) a
Recycling Cart for the accumulation and set -out of Residential Recyclable Materials. Town, at
its sole discretion, may add or delete Residential Units.
1.50 "Residential Solid Waste" means any garbage, Green Waste or rubbish
that is generated from Residential Service Units, not including Construction and Demolition
Waste or Hazardous Waste.
1.51 "Residential Solid Waste Collection Services" means the Collection of
Solid Waste by the Contractor from Residential Service Units and delivery of the Solid Waste to
the Disposal Facility.
1.52 "Residential Solid Waste Services" means the Collection of Solid Waste
by the Contractor from Residential Service Units, delivery of the Solid Waste to the Disposal
Facility, and disposal of the Solid Waste at the Disposal Facility.
1.53 "Residue" means that portion of the Recyclable Materials accepted by the
Contractor which is not converted to Recovered Materials due to spoilage, breakage,
contamination and/or transportation or processing inefficiencies, other than Rejects.
1.54 "Residue Allowance" means that portion of incoming Program
Recyclables defined as Residue and shall not exceed the overall annual Residue Allowance of
15%.
1.55 "Scavenging" means the unauthorized removal of Recyclable Material
after the generators thereof divest control physically or as a matter of appropriate law, rule or
regulation.
1.56 "Solid Waste" means any garbage, trash, rubbish, waste tire, refuse,
sludge from a waste treatment plant, water supply treatment plant or pollution control facility
and other discarded material, including solid, liquid, semisolid or contained gaseous material
unless otherwise excluded by the Arizona Revised Statutes.
1.57 "Solid Waste Cart" means a receptacle with wheels with a capacity of up
to approximately 96 gallons designed or intended to be mechanically dumped into a loader -
packer type garbage truck and approved by the Town Manager for the Collection of Residential
Solid Waste. All such Solid Waste Carts must be clearly marked in a manner as approved by the
Town Manager or authorized designee.
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
1.58 "Solid Waste Facility" means a transfer facility and any site owned,
operated or utilized by any person for the storage, processing, treatment or disposal of solid
waste, conditionally exempt small quantity generator waste or household hazardous waste unless
otherwise excluded by Arizona Revised Statutes.
1.59 "Special Event Solid Waste Collection Services" means the Collection of
Solid Waste by the Contractor from special events as requested by the Town and delivery of the
Solid Waste to the Disposal Facility.
1.60 "Special Event Recycling Collection Services" means the Collection of
Recyclable Materials from special events as requested by the Town via Containers or Recycling
Carts and delivery to the Recycling Facility by the Contractor.
1.61 "Source Separated Materials" means materials that are separated by
material type by the generator.
1.62 "State" means the State of Arizona.
1.63 "Ton" means a unit of weight equal to 2,000 pounds.
1.64 "Town Facility" means any Town -owned or operated facility designated
by the Town for Town Facility Recycling Services. The Town has the sole authority to add or
eliminate Town Facilities.
1.65 "Town Facility Recycling Collection Services" means the Collection of
Recyclable Materials from Town Facilities via Containers or Recycling Carts and delivery to the
Recycling Facility by the Contractor.
1.66 "Town Facility Solid Waste Collection Services" means the Collection of
Solid Waste by the Contractor from a Town Facility and delivery of the Solid Waste to the
Disposal Facility.
1.67 "Town Revenue Rate" means the minimum payment by Contractor to
Town per ton of Program Recyclables received at the Recycling Facility.
2. Representations.
2.1 Relationship of the Parties. It is clearly understood that each party will act
in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of
the other. An employee or agent of one party shall not be deemed or construed to be the
employee or agent of the other for any purpose whatsoever. The Contractor is advised that taxes
or Social Security payments will not be withheld from any Town payments issued hereunder and
Contractor agrees to be fully and solely responsible for the payment of such taxes or any other
tax applicable to this Agreement.
IM
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
2.2 Representations by Town. The Town represents to the Contractor that the
Town is duly organized and existing in good standing under the laws of the State and is duly
qualified and authorized to carry on the governmental functions and operations as contemplated
by this Agreement. The Town further represents that the person signing on its behalf has been
properly authorized and empowered to enter into this Agreement. The Town acknowledges that
it has read this Agreement, understands it, and agrees to be bound by it.
2.3 Representations by Contractor. The Contractor represents to the Town
that at the time of execution of this Agreement:
A. Authority. The Contractor is duly qualified and in good standing
to do business in the State and is duly qualified and in good standing to do business wherever
necessary to carry on the business and operations contemplated by this Agreement. The
Contractor further represents that the person signing on its behalf has been properly authorized
and empowered to enter this Agreement. The Contractor further acknowledges that it has read
this Agreement, understands it, and agrees to be bound by it.
B. Recyclable Materials Processing. The Contractor has entered into
a contract for Recyclable Materials processing and marketing services, a true and correct copy of
which is attached hereto as Exhibit F and incorporated herein by reference, for the Initial Term
and Renewal Terms (as defined in Section 3 below).
C. Solid Waste Disposal. The Contractor has entered into a contract
for Disposal Services, attached hereto as Exhibit G and incorporated herein by reference, for the
Initial Term and Renewal Terms.
D. Licenses; Materials. The Contractor has obtained all applicable
environmental and other governmental permits, licenses, permits and authorizations that are (1)
necessary for providing the Services and (2) required to be issued under Federal, State, local law,
regulation, rule or ordinance. Contractor shall maintain in current status all Federal, State and
local licenses, permits and authorizations required for the operation of the business conducted by
the Contractor. The Town has no obligation to provide Contractor, its employees or
subcontractors any business registrations or licenses required to perform the specific services set
forth in this Agreement. The Town has no obligation to provide tools, equipment or material to
Consultant.
E. InsuranceBonds. The Contractor has obtained and submitted to
the Town (1) certificates of insurance for all required insurance coverages specified in this
Agreement and (2) documentation of performance bond as required by this Agreement.
F. No legal Action Pending. To the best of the Contractor's
knowledge, there is no action, suit or proceeding, at law or equity, before or by any court or
government authority, pending or threatened against the Contractor, wherein an unfavorable
decision, ruling or finding would materially adversely affect the performance by the Contractor
of its obligation hereunder or the other transactions contemplated hereby, or which, in any way,
would adversely affect the validity or enforceability of this Agreement, or any other contract or
•
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
instrument entered into by the Contractor in connection with the transactions contemplated
hereby.
Contractor agrees that it shall take all steps necessary to ensure that the representations set forth
in this Section 2.3 shall remain true and correct for the entire Term of this Agreement.
Term of Agreement.
3.1 Initial Term. Unless sooner terminated in accordance with the provisions
in this Agreement, the term of this Agreement shall commence on the Commencement Date and
shall continue in effect until the Expiration Date (the "Initial Term").
3.2 Option to Renew. After the Initial Term, Town shall have the option at its
sole discretion to renew this Agreement for up to three additional one-year terms (each, a
"Renewal Term"). The Initial Term and any Renewal Terms shall be collectively referred to
herein as the "Term." To exercise its option, Town shall provide written notice to Contractor
(each an "Option Notice") not later than 60 calendar days preceding the scheduled Expiration
Date of the then -current Term. The Contractor shall, within 15 calendar days following receipt
of the Town's Option Notice, either accept or reject the Town's request. If the Contractor
fails to accept or reject the Town's renewal request within 15 days following receipt of the
Town's Option Notice, the Contractor shall be deemed to have consented to renewal of the
Agreement for one year. This provision in no way limits the Town's right to terminate this
Agreement at any time during the Term pursuant to the provisions in this Agreement.
4. Solid Waste Services, Bulk Waste Services and Recycling Services. The
Contractor shall begin providing the services set forth in this Section on their respective
Commencement Dates, as determined by the phase -in schedule included on Exhibit D, and the
Contractor shall change rates for such services not greater than as set forth on Exhibit C.
4.1 Solid Waste.
A. Residential Solid Waste Services. Contractor shall collect, once
per week on a scheduled day, all Solid Waste Carts from each Residential Service Unit in the
Town. Contractor shall deliver the Residential Solid Waste collected to the Disposal Facility and
dispose of the Residential Solid Waste at the Disposal Facility. Upon the receipt of a written
work order from the Town, Contractor shall provide additional Solid Waste Cart collection and
non -collection day Collection Services.
B. Quarterly Residential Bulk Waste Services. Contractor shall
provide a process for collecting residential bulk waste of up to six cubic yards from each
Residential Service Unit in the Town quarterly (four (4) times per year) by routes/areas on dates
and in the sequence approved in writing by the Town. Contractor shall provide notice Contractor
shall deliver the Bulk Waste collected to the Recycling Facility or the Disposal Facility. If the
Bulk Waste is delivered to the Recycling Facility, Contractor shall process and market the Bulk
Waste at the Recycling Facility. If the Bulk Waste is delivered to the Disposal Facility,
Contractor shall dispose of the Residential Solid Waste at the Disposal Facility. Upon the receipt
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
of a written work order from the Town, Contractor shall provide additional Bulk Waste
Collection Services.
C. Town Facility Solid Waste Services. Contractor shall collect, not
less than once per week, all Solid Waste in Solid Waste Carts or Containers at Town Facilities
shown in the table below:
Table 4.1
Town Facilities
Address
Container Size
Collection
Frequency
D. Special Event Solid Waste Services. Upon request of the Town,
the Contractor shall deliver Solid Waste Carts or containers to the site of a special event and
shall collect and dispose of Solid Waste collected in such Solid Waste Carts or Containers.
4.2 Recycling.
A. Residential Recycling Services. Contractor shall collect, once per
week on a scheduled day, all Program Recyclables via single stream in a Residential Recycling
Cart from each Residential Service Unit in the Town. Contractor shall deliver the Program
Recyclables collected to the Recycling Facility. In addition, Contractor shall process and market
the Program Recyclables delivered to the Recycling Facility.
B. Town Facility Recycling Collection. Contractor shall collect, on a
frequency solely decided by the Town, all Program Recyclables from each Town Facility listed
in Table 4.1 above. Contractor shall deliver the Program Recyclables collected to the Recycling
Facility. In addition, Contractor shall process and market the Program Recyclables delivered to
the Recycling Facility.
C. Special Events Recycling Collection. Upon request of the Town,
Contractor shall deliver Recycling Carts to the site of a special event and shall collect and
process all Program Recyclables collected by such Recycling Carts, the frequency of which shall
be at the Town's sole discretion.
D. Neighborhood Recycling Drop-off Services. Contractor shall be
solely responsible for providing single stream Collection, Processing and Marketing of
Recyclable Materials generated and disposed of at the Neighborhood Recycling Drop-off Sites.
The Town shall have the sole authority in determining the frequency of Collection for each
Neighborhood Recycling Drop-off Sites.
Table 4.2 — Neighborhood Recycling Drop-off Service Site
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
Neighborhood Recycling Address
Drop-off Service Site
E. Disposal Prohibited. The Contractor shall be prohibited from (1)
disposal of and/or landfilling of any Program Recyclables accepted or processed at the Recycling
Facility or (2) marketing Program Recyclables to markets that the Contractor knows or
reasonably should have anticipated will dispose of and/or landfill the Program Recyclables,
except when approved in writing by the Town.
4.3 Residential Green Waste Collection. Contractor shall collect, once per
week on a scheduled day, all Green Waste via Residential Green Waste Cart from each
Residential service Unit in the Town that has selected the green waste option and has agreed to
pay the additional cost of same. Contractor shall deliver all Green Waste collected from Green
Waste Carts at Residential service Units to a Green Waste processing facility.
4.4 Backdoor Collection Services. Contractor shall provide Backdoor
Collection Services for Residential Solid Waste and Recyclable Materials from Residential
Service Units if all adult occupants residing therein are handicapped, or due to age or verified
physical limitations, cannot safely move Carts and if a request for Backdoor Collection Services
has been made to and approved by the Town, in the manner required by the Town. The Town
shall notify the Contractor in writing of any Residential Service Unit requiring Backdoor
Collection Services. No additional monies shall be due to the Contractor for the provision of
Backdoor Collection Services. Contractor shall provide Backdoor Collection Services on the
same scheduled Collection day that Collection Services would otherwise be provided to the
Residential Service Unit.
4.5 Manner of Providing Services. Unless otherwise stated in this Agreement,
the Contractor shall be solely responsible for all aspects of the management, operations and
maintenance and equipment relating to the Services including, but not limited to, the following:
A. Rejected Loads. Transportation and disposal of Rejected Loads (as
defined in subsection 5.2 below) at the Recycling Facility to the Disposal Facility.
B. Residue and Rejects. Transportation and disposal of Residue and
Rejects at the Recycling Facility to the Disposal Facility.
C. Recovered Materials. The shipping and marketing of Recovered
Materials processed at the Recycling Facility.
D. Records. The maintenance of complete and accurate records and
the provision of reports to the Town in accordance with the requirements of this Agreement.
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
E. Maintenance. The preventive maintenance, maintenance and
repair of systems and equipment including vehicles, buildings, grounds and other equipment.
F. Clean-up. The prevention and clean-up of litter, spillage, dust and
odor as set -forth in this Agreement.
G. Personnel. The recruitment, hiring and training of all managerial,
supervisory and operating personnel providing the Services.
H. Carts. Cart maintenance and delivery of new Solid Waste Carts,
Recycling Carts and Green Waste Carts, as applicable, once the program begins. Contractor
shall also be solely responsible for Storage of unused Carts.
4.6 Part -Time Residents. Contractor shall provide each Residential Unit the
opportunity to annually stop service temporarily for a period of up to six continuous months
upon notification by the resident.
4.7 Annual Household Hazardous Materials Collection. Contractor shall
provide a household hazardous waste (i.e., paints, solvents, pesticides, herbicides, oils, etc.)
collection events to occur at least once per calendar year. Contractor shall
4.8. Annual Electronics Recycling Event. Contractor shall provide electronic recycling
(including but not limited to AC Adapters, Calculators, Cameras, Cell Phones, CD Rom/DVD
Drives, Computers (PCs / laptops / servers / tablets), digital cable boxes, docking stations,
electric motors, fax machines, hard drives, keyboards & mice, medical equipment, metals,
modems, monitors (LCD & LED), wires/cables/power cords, power tools, printers, routers, DVD
players and video game equipment) events to occur at least once per calendar year, as set forth in
Exhibit B. or as otherwise pre -approved in writing by the Town.
5. Inspection of Loads and Rejected Loads.
5.1 Contractor's Right to Inspect Loads. The Contractor may inspect each
delivery of Program Recyclables prior to and upon their discharge at the Recycling Facility for
consistency with the MAP.
5.2 Unacceptable Loads. Contractor may not designate a load as an
unacceptable load for any reason other than those identified in this Section. Prior to departure
from the Recycling Facility of the vehicle delivering Recyclable Materials to the Recycling
Facility, Contractor may designate a load as a "Rejected Load" for the following reasons:
A. Excessive Non -Recyclable Waste. A load of Program Recyclables
contains more than 15% Non -recyclable Waste by weight.
B. Public Health Dan-ger. A load of Program Recyclables presents a
substantial endangerment, such as disease or death, to the public or employee health or safety.
B-13
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
C. Hazardous Waste. A load contains Hazardous Waste that cannot
be easily separated from acceptable materials.
5.3 Procedure upon Rejection of Load.
A. Notice of Rejected Load. If the Contractor designates a load as a
Rejected Load for the reasons set forth in subsections 5.2(A) and (B) above, Contractor must
immediately provide written notice to the Town, including the reason the load was designated a
Rejected Load. If Contractor fails to provide notice in accordance with this subsection,
Contractor shall accept the load.
B. Right to Inspect Rejected Loads. Upon receipt of the notice by the
Town in accordance with subsection 5.3(A) above, Contractor shall retain the Rejected Load for
an additional 24 hours to allow the Town a right to inspect the load. The Town may waive the
right to inspect the load. Failure to inspect the load within 24 hours of receipt of notice shall be
deemed a waiver of the right to inspect the load.
C. Dispute or Acceptance of Designation as Rejected Load. If the
Town inspects the load, the Town may dispute or accept the designation as a Rejected Load. If
the Town disputes the rejection of the load, the Contract Administrator's decision as to whether
the load will or will not be accepted shall be final and conclusive. If the load is not deemed a
Rejected Load by the Contract Administrator, the Contractor shall accept and process the load.
D. Costs for Rejected Loads not due to Hazardous Waste. Contractor
shall, at its sole expense, pay for transportation and disposal costs of Rejected Loads for the
reasons set forth in subsections 5.2(A) and (B) above.
5.4 Procedure upon Rejection of Load due to Hazardous Waste.
A. Notice of Rejected Load due to Hazardous Waste. If the
Contractor designates a load as a Rejected Load for the reason set forth in subsection 5.2(C)
above, Contractor must immediately provide written notice to the Town, including the reason the
load was designated as containing Hazardous Waste. If Contractor fails to provide notice in
accordance with this Section, Contractor shall accept the load.
B. Right to Inspect Hazardous Waste. Upon receipt of the notice by
the Town in accordance with subsection 5.4(A) above, Contractor shall retain the load for an
additional 12 hours to allow the Town to inspect the load. The Town may waive the right to
inspect the load. Failure of the Town to inspect the load within 12 hours of receipt of notice
shall be deemed a waiver of the right to inspect the load.
C. Dispute or Acceptance of Designation as Hazardous Waste. If the
Town inspects the load, Town may dispute or accept the designation as containing Hazardous
Waste. If the Town disputes the rejection of the load, the Contract Administrator's decision as to
whether the load will or will not be accepted shall be final and conclusive. If the load is not
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
deemed a Rejected Load by the Contract Administrator, the Contractor shall accept and process
the load.
D. Costs for Hazardous Waste. For costs related to disposal of
Hazardous Waste that the Contractor fails to provide notice in accordance with subsection 5.4(A)
above, Contractor shall, at Contractor's sole expense, handle and dispose of the Hazardous
Waste. If Contractor provides notice in accordance with subsection 5.4(A) above as to a load
with Hazardous Waste and the Town determines that the load does contain Hazardous Waste,
Town shall have the right to (1) handle and dispose of the Hazardous Waste or (2) require the
Contractor to handle and dispose of the Hazardous Waste. If Contractor provides notice in
accordance with subsection 5.4(A) above and either the Town concurs that the load contains
Hazardous Waste or the Contract Administrator concludes that the load contains Hazardous
Waste, and the Town elects not to dispose of
subsection, Contractor may bill the source of the
disposal of the Hazardous Waste.
6. Handling of Rejects and Residue.
the Hazardous Waste as permitted in this
Hazardous Waste the cost of handling and
6.1 Handling of Reiects. The Contractor shall segregate and store all Rejects
and shall notify the Town prior to their removal for disposal to permit the Town's inspection
thereof. The Town shall have the right to inspect such Rejects within 24 hours of notification
and to make its own determination as to whether such materials are in fact Rejects, as defined
herein. Contractor shall, at its sole expense, pay for transportation and disposal costs of Rejects.
6.2 Handling of Residue. Contractor shall be solely responsible for ensuring
that Residue which is culled from Program Recyclables accepted by Contractor or which is the
result of processing activity shall not exceed the overall annual Residue Allowance of 15%. If
the residue exceeds the Residue Allowance, Town may assess liquidated damages in accordance
with Section 18 of this Agreement. Contractor, at is sole expense, shall bear costs of
transporting and disposal of all Residue.
7. Collection and Processing Equipment.
7.1 Collection Services Vehicles.
A. Appearance of Collection Services Vehicles. Contractor shall
paint all Collection Service vehicles uniformly with the name of Contractor, customer service
office telephone number and the unique identification number of the vehicle in letters not less
than six inches high on each side and the rear of the vehicle. All Collection Services vehicles
shall be uniquely numbered and a record kept of the vehicle to which each number is assigned.
No advertising shall be permitted on vehicles, except for events sponsored by the Town, which
shall be advertised on request of the Town.
B. Aize of Collection Services Vehicles. Contractor shall provide all
Collection Services pursuant to this Agreement with Collection vehicles less than seven years
f'MF
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
of age. The average age for the Collection vehicles to be used for performance of Collection
Services provided pursuant to this Agreement shall not exceed three years of age.
7.2 Collection Services Carts. Town shall have the sole decision in
determining the appearance of the Carts.
A. Purchase and Initial Distribution of Carts. The Contractor, at its
sole cost, shall purchase all Carts required for the provision of Collection Services pursuant to
this Agreement. In addition, the Contractor, at its sole cost, shall deliver one Solid Waste Cart,
one Recycling Cart and one Green Waste Cart (for Residential Service Units choosing the
optional Green Waste Service) to each Residential Service Unit prior to the Commencement
Date, unless instructed otherwise by the Town. The Contractor shall attach a program
introduction notice to each Cart delivered.
B. Subsequent Distribution, Maintenance and Storage. After the
initial distribution of Carts, Contractor, at its sole cost, shall deliver Cart(s) to a Residential
Service Unit within two business days of the request by the Town. Contractor shall attach a
program introduction notice to each Cart delivered.
C. Cart Care and Maintenance. Contractor's employees shall take
care to prevent damage to Carts by unnecessarily rough treatment. Contractor shall be solely
responsible for Cart maintenance.
D. Reserve Carts. Contractor shall maintain a minimum of 15 Solid
Waste Carts, 15 Recycling Carts and 15 Green Waste Carts at a secure location within the
corporate limits of the Town to ensure that extra or replacement Carts can be expeditiously
provided upon the request of the Town. Subject to space availability, the Town can
accommodate the reserve Solid Waste Carts, Recycling Carts and Green Waste Carts at its Street
Yard, located at 17137 Falcon Drive, which Carts shall be accessible to the Contractor during the
Town's normal business hours.
E. Replacement of Carts. Upon notification to Contractor by the
Town or a customer that a Cart has been lost, destroyed, stolen or that it has been damaged
beyond repair, Contractor shall purchase, if necessary, and deliver a replacement Cart to such
customer within two business days. At the expense of the Contractor, each Residential Service
Unit shall be entitled to unlimited replacements of destroyed or damaged beyond repair Cart(s)
for the life of the Agreement at no cost to the Town or the customer if determined by the
Contract Administrator or authorized designee that such destruction or damage was caused by
the Contractor or Contractor's employees or equipment. For additional replacements beyond
those as provided in this Agreement or for Carts purchased by written authorization of the Town
Manager, Town shall reimburse Contractor the purchase cost paid by Contractor for the Cart.
7.3 Collection and Processing Equipment Excluding Carts.
A. Purchase, Operation and Maintenance. Unless otherwise stated in
this Agreement, Contractor shall be solely responsible for all costs of purchasing, operating and
TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
maintaining Collection and processing equipment for the Term of this Agreement. Town, at its
sole discretion, shall determine whether the Contractor is or is not properly maintaining the
Collection and processing equipment. If the Town determines the Contractor is not properly
maintaining the Collection and/or processing equipment, Contractor shall replace such
equipment in accordance with this Agreement and Town may assess liquidated damages in
accordance with Section 18 of this Agreement.
B. Replacement. Unless otherwise stated in this Agreement,
Contractor shall be solely responsible for the replacement of Collection and processing
equipment if such equipment is lost, stolen or damaged beyond normal wear and tear. If
Contractor or Town determines that Collection and/or processing equipment requires
replacement, Contractor shall replace such equipment within 14 calendar days with comparable
equipment. Contractor shall be responsible to make the appearance of the replacement
equipment in adherence with the requirements of this Section.
7.4 Ownership.
A. Collection Services Equipment other than Carts and Containers.
Ownership of Collection Services Equipment other than Carts shall rest with Contractor.
B. Carts and Containers. Ownership of Carts and containers shall rest
with the Contractor during and after the term of the Agreement.
7.5 Disposal Facility and Recycling Facility Equipment. The Disposal
Facility, Recycling Facility and any other processing center used to perform the Services shall be
equipped with adequately sized truck scales and computerized record -keeping systems for
weighing and recording all incoming and outgoing delivery vehicles and vehicles transporting
Recyclable Materials to markets. The Recycling Facility shall be capable of recording the type
of Recyclable Materials received for each incoming truck. Additionally, the Recycling Facility
shall be capable of recording the weights of each type of Recyclable Material which are shipped.
Contractor shall separately weigh, record and tabulate each load from Town.
8. Personnel. Contractor shall assign a qualified person or persons who will be
charge of its operations within the Town and authorized to make decisions on Contractor's
behalf and shall provide the name, office telephone number, mobile phone number, email
address and facsimile number of Contractor's representatives and key personnel to the Contract
Administrator. Contractor agrees that the Town shall have 24 hour access to said representative
via a non -toll call from the corporate limits of the Town. Such records shall be updated as
personnel or contact information changes. In addition, Contractor shall adhere to the following
requirements:
8.1 Key Personnel. Contractor shall provide adequate, experienced personnel,
capable of and devoted to the successful completion of the Services to be performed under this
Agreement. Contractor agrees to assign specific individuals to key positions. Contractor agrees
that, upon commencement of the Services to be performed under this Agreement, key personnel
shall not be removed or replaced without prior written notice to the Town. If key personnel are
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
not available to perform the Services for a continuous period exceeding 30 calendar days, or are
expected to devote substantially less effort to the Services than initially anticipated, Contractor
shall immediately notify the Town of same and shall, subject to the concurrence of the Town,
replace such personnel with personnel of substantially equal or superior ability and
qualifications. If deemed qualified, the Contractor is encouraged to hire Town residents to fill
vacant positions at all levels.
8.2 Uniforms. Contractor shall furnish each employee involved in the
performance of this Contract with a uniform and safety vest, shirt or jacket which clearly
displays the name of Contractor. Such uniforms and safety equipment shall make the employee
readily visible to other motorists. Contractor's employees shall wear complete uniforms and
safety vest, shirt or jacket at all times.
8.3 Safety Training. Contractor shall provide regularly scheduled, on -going
operating and safety training for all employees. In addition, Contractor's employees shall be
trained to perform their duties to maximize the Town's recycling rate, minimize contamination
and promote recycling at all times. Such meetings shall be mandatory for all Collection and
supervisory personnel and held not less than once per month. All temporary and newly hired
permanent Collection personnel and supervisory employees must receive comprehensive safety
and operational training prior to working on the Collection vehicles or performing duties under
this Agreement. Training manuals and schedules shall be maintained at the local office of
Contractor and available for review at any time by Contract Administrator.
8.4 General Training. All employees involved in the performance of this
Agreement including office and all Collection personnel, must be provided adequate training
before and during their employment with the Contractor. This training shall familiarize
employees with the required duties and standards of performance, specific requirement on routes
to which they will be assigned, teach the route layouts previously established and approved and
provide necessary knowledge to eliminate delays and Missed Collections. All supervisory and
Collection employees must be provided equipment and supplies prior to and during the
performance of their duties. All Collection, administrative, supervisory and customer service
personnel must receive customer service training prior to and during the time they are employed
by the Contractor.
8.5 Contact with Others. Contractor's employees shall treat all customers, co-
workers, Town employees and any individual with whom they come in contact in the
performance of their duties in a polite and courteous manner. Rudeness, belligerence and the use
of profanity are strictly prohibited. The Town reserves the right to direct Contractor to remove
any employee who violates this policy from providing services to the Town, pursuant to this
Agreement.
8.6 Compliance with Laws, Monitoring and Inspections. In performance of
Collection Services, Contractor's employees must adhere to municipal, Town, State and Federal
laws. Town reserves the right to make a complaint regarding any employee of the Contractor
who violates any provision herein, or who is wanton, negligent or discourteous in the
performance of his/her duties. The Town may recommend appropriate action be taken by the
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Contractor and may require the Contractor to remove any unacceptable employee, as determined
by the Town, from service to the Town. Contractor will be responsible for all compliance
monitoring and inspection necessary pursuant to the Town's variance with the Maricopa County
Environmental Services Division.
9. Hours of Operation and Holidays. Contractor shall not make any changes to the
hours of operation as provided in this Section without the prior, written approval of the Contract
Administrator.
9.1 Residential Collection Services. Excluding Holidays (as defined in
subsection 9.7 below), Contractor shall provide Residential Collection Services from Monday
through Friday, 6:00 AM, Local Time to 5:00 PM, Local Time. Residential Collection
Services that fall on a Holiday shall be collected as set forth in Section 9.7 below.
9.2 Town Facility Recycling Services. Excluding Holidays, Contractor shall
provide Town Facility Recycling Services from Monday through Friday, 6:00 AM, Local
Time to 5:00 PM, Local Time. Town Facility Recycling Services that fall on a Holiday shall be
collected on the following day.
9.3 Town Facility Solid Waste Services. Excluding Holidays, Contractor
shall provide Town Facility Solid Waste Services from Monday through Friday, 6:00 AM,
Local Time to 5:00 PM, Local Time. Town Facility Solid Waste Services that fall on a Holiday
shall be collected on the following day.
9.4 Extension of Collection Services Hours of Operation. If the Contractor
determines that the Collection Services will not be completed by 5:00 PM, Local Time on the
scheduled Collection day, the Contractor shall notify the Town by 3:00 PM, Local Time and
request an extension of the Collection hours. The Contractor shall inform the Town of the areas
not completed, the reason for non -completion and the expected time of completion. The Town
must approve any extension of hours of operation.
9.5 Disposal Facility. Excluding holidays as defined in subsection 9.7 below,
Contractor shall maintain, or cause its provider to maintain, the Disposal Facility open and
available to receive Solid Waste seven days per week between 7:00 AM, Local Time to 6:00
PM, Local Time.
9.6 Recycling Facility. Excluding Holidays, Contractor shall maintain or
cause its provider to maintain the Recycling Facility open and available to receive Program
Recyclables seven days per week between 7:00 AM, Local Time to 6:00 PM, Local Time.
9.7 Holidays. The Town, at its sole discretion, may add or delete holidays. If
the Town elects to add or delete holidays, the Town will provide the Contractor notice in
accordance with the provisions of this Agreement. If a holiday occurs on a scheduled Collection
day, Contractor shall perform the scheduled Collection for the holiday on the next calendar day
after the scheduled Collection day. For purposes of this Agreement, "Holidays" shall include the
following:
SECTION B
DEPARTMENT
A. New Year's Day
B. Independence Day
C. Thanksgiving Day
D. Christmas Day
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
10. Customer Service Complaints: Billing. Contractor and Contractor's employees
understand that customer service is of great importance to the Town. Contractor and its
employees will work diligently to provide high quality customer services to the Town and all
customers.
10.1 Customer Service Complaint Resolution Procedure. All customer service
complaints shall initially be directed to the Contractor. The Contractor will generate an
electronic work order outlining all legitimate complaints received. The work order will contain
(A) date and time of call, (B) customer name, address and phone number and (C) type of
complaint. A copy of the work order will then be electronically submitted to the Town,
including a schedule for resolution. The Contractor will resolve each customer complaint in a
timely manner as set forth below:
A. Same Day Request. If the complaint is a Missed Collection or
Missed Block, Contractor shall pick up the Missed Collection or Missed Block on that same day
if the complaint is received by the Contractor prior to 11:00 AM, Local Time.
B. Next Day Request. If the complaint is a Missed Collection or
Missed Block, Contractor shall pick up the Missed Collection or Missed Block before 5:00 PM,
Local Time on the next calendar day if the complaint is received by the Contractor after 11:00
AM, Local Time.
C. Other Complaints. If the complaint other than a Missed Collection
or Missed Block, Contractor shall resolve the complaint within 24 hours of written notice of such
complaint to Contractor.
10.2 Work Order Reporting. Upon resolution of the customer complaint,
Contractor will close the work order and resubmit it to the Town. The closed work order will
include (A) Contractor's determination as to legitimacy of the complaint, (B) the date, time and
action taken to resolve complaint and (C) the name of responsible contact at Contractor's
location regarding the complaint.
11. Damage to Property. The Contractor shall take all necessary precautions to
protect public and private property during the performance of this Contract. Except for
reasonable wear and tear, the Contractor shall repair or replace any private or public property
that is damaged by the Contractor. Such property damages shall be addressed for repair or
replacement, at no charge to the property owner, within 48 hours with property of the same or
equivalent value at the time of the damage. If the Contractor fails to address the repair or
replacement of damaged property within 48 hours, the Town may, but shall not be obligated to,
repair or replace such damaged property and the cost of doing so (A) shall be paid by the
TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
Contractor to the Town within 30 days of receipt of demand therefore or (B) may be deducted by
the Town from only amounts owing to the Contractor.
12. Spillage and Leakage, Litter, Dust and Odor.
12.1 Spillage and Leakage. Contractor shall clean up any spilled or blowing
materials as well as fluids spilled or leaked from Contractor's vehicles by the Contractor,
Contractor's employees or authorized person or entity providing service to the Contractor.
During transport, all materials shall be contained, covered and enclosed so that leaking, spilling
and blowing of materials does not occur. Contractor shall perform all cleanups within two hours
of the spillage or leakage.
12.2 Litter. If Contractor operates the Disposal Facility, the Recycling Facility
or the processing facility for Green Waste, the Contractor shall be required to pick up any and all
litter (including any glass spillage) which blows or falls from the Disposal Facility, Recycling
Facility or Green Waste facility onto the site or adjoining or surrounding property by the end of
each workday or by the end of the first shift, if operated for more than ten hours per day. All on -
site parking areas and roadways shall be swept at least once per month.
12.3 Dust and Odor. If Contractor operates the Disposal Facility, the Recycling
Facility or Green Waste facility the Disposal Facility, Recycling Facility and Green Waste
facility shall be operated to prevent the escape of dust and odors. The Contractor shall routinely
clean the tip floor and the process and storage areas.
13. Recordkeeping, Reporting, Audited Financial Statements and Reporting Format.
13.1 Recordkegping. The Contractor shall create, maintain and make available
records as defined in, and required by, all applicable local, State and Federal laws, rules and
regulations and any reports as are reasonably necessary to:
A. Deliveries. Document Program Recyclables deliveries, Residential
Solid Waste deliveries, time delivered to Recycling Facility, time delivered to Disposal Facility,
tonnage of material delivered, Rejected Loads by date collected and other information as
requested by Contract Administrator (a monthly summary shall also be submitted to the Town).
B. Missed Collections, Problem Set -out. Document Missed
Collections, Late Set -outs and Improper Set -outs on a daily basis including the address, time and
date for each and the reason, photograph and notice for Improper Set -outs (a monthly summary
shall also be submitted to the Town).
C. Recovered Material. Document Recovered Material from Program
Recyclables tons marketed by commodity, entity marketed to, price paid by the end market and
other information as requested by Contract Administrator (a monthly and annual summary shall
also be submitted to the Town).
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TOWN OF FOUNTAIN HILLS
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PW2018-002
D. Program Recyclables. For Program Recyclables, document
incoming tonnages, residue tonnages, rejects tonnages, hazardous waste tonnages, marketed
tonnages by commodity and inventory tonnages by commodity. Contractor shall provide an
explanation if incoming tonnages does not equal the total of rejects tonnages, hazardous waste
tonnages, marketed tonnages by commodity and inventory tonnages by commodity (a monthly
and annual summary shall also be submitted to the Town).
E. Hazardous Waste. Document Hazardous Waste including the
source, tonnage, date received, disposal facility and other information as requested by Contract
Administrator (a monthly and annual summary shall also be submitted to the Town).
F. Other Regulatory Documents. Such other documents and reports
as the Town may reasonably require to verify compliance with the Agreement or to meet the
Town's reporting requirements with the State (a monthly and annual summary shall also be
submitted to the Town).
G. Residue; Rejects. Document Residue and Rejects separately
including tonnage, description of material, source of material (i.e. Program Recyclables,
Nonprogram Recyclables, hauler, etc.), disposition and other information as requested by
Contract Administrator (a monthly and annual summary shall also be submitted to the Town).
H. Recovered Materials Marketing. Report the activities to research,
investigate and develop new markets for Recovered Materials (a monthly and annual summary
shall also be submitted to the Town).
I. Availability of Documents. All of Contractor's records shall be
available to Town and its representatives at reasonable times and places throughout the term of
this Agreement and for a period of five years after last or final payment.
13.2 Reporting.
A. Initial Reports.
1. Transition Plan. The Contractor shall provide a transition
plan 90 calendar days prior to Commencement Date. This plan shall detail transition to
the Contractor providing Solid Waste Service, Bulk Waste Service, Recycling Service
and Residential Green Waste Service. This transition plan will be submitted for approval
by the Contract Administrator.
2. Processing and Marketing Plan. The Contractor shall
provide a processing and marketing plan 90 calendar days prior to Commencement Date.
This plan shall detail the processing and marketing of all Program Recyclables and
Recyclable Materials at the site. This processing and marketing plan will be submitted
for approval by the Contract Administrator.
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TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
3. Hazardous Waste Contingency Plan. The Contractor shall
provide a Hazardous Waste contingency plan, 30 calendar days prior to the
Commencement Date, to the Contract Administrator and to the Town's Risk Manager.
This plan shall detail what actions shall be taken by the Contractor upon discovery of
Hazardous Waste. This contingency plan will be reviewed by the Contract
Administrator. The plan shall include a copy of a signed contract(s) with a permitted
Hazardous Waste transporter(s) to handle any Hazardous Waste discovered. The plan
must comply with all State and Federal regulations regarding the handling of Hazardous
Waste. Non-conformance with any State or Federal regulation shall cause rejection of
the plan. This Hazardous Waste contingency plan will be submitted for approval by the
Contract Administrator.
B. Monthly Reports. Contractor shall submit all monthly reports
required by this Agreement to the Town Manager or authorized designee within seven calendar
days following the end of each calendar month.
C. Annual Reports. Contractor shall submit all annual reports
required by this Agreement to the Towns Manager or authorized designee within 30 calendar
days following the end of the Town's fiscal year.
13.3 Audited Financial Statements. The Contractor will be required to submit
audited financial statements prepared by an external accounting firm for itself as a whole within
90 calendar days of the end of the Contractor's fiscal year end. The audited financial statements
may be issued by either the Contractor, or by , and shall contain detailed
information collection, processing and marketing of Recyclable Materials which shall include at
a minimum Contractor's income statement and balance sheet; proof that all insurance policies
relative to this Agreement are in effect; and information on any outstanding lawsuits that might
adversely impact Town. In the event Contractor is acquired, the Contractor shall notify the
Town of the transfer in ownership, whereupon the Town shall have the option to require that the
audited financial statements be submitted by the acquiring entity. The Contractor has provided a
Guaranty Agreement by , a copy of which is attached hereto and incorporated
herein as Exhibit H. In the event Contractor is acquired, the Town shall have the option to
require that the acquiring entity provide a Guaranty Agreement in a form acceptable to the Town
Attorney. The financial basis records shall be kept in accordance with generally accepted
accounting principles.
13.4 Report Format. Within 14 days after the Commencement Date, the
Contractor will be required to submit to the Town for its approval the format and sample
contents of the records to be maintained and the reports to be generated in fulfillment of the
requirements of the Agreement. Contractor shall submit all reports in electronic format approved
by the Town and in hard copy.
14. Customer List, Billing and Collections, Pavment and Annual Adjustments.
14.1 Customer List. On or prior to , 20_, the Town shall provide
Contractor with a Residential Service Unit customer list and a Town Facility customer list.
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
Regardless of the customer list, Contractor shall provide Collection Services to all Residential
Services Units in accordance with this Agreement.
14.2 Billing and Collection.
A. Solid Waste, Bulk Waste, Recycling and Disposal Services. The
Contractor shall bill Residential Service Units for Residential Solid Waste, Bulk Waste,
Recycling Services and Residential Green Waste Services in accordance with the rate structure
established on Forms 5 and 8 respectively, attached hereto as a part of Exhibit C and as may
subsequently be adjusted as set forth in this Agreement.
1. Understandable Bills. Bills will be clear, concise and
understandable. Bills must be fully itemized, clearly delineating all activity during the
billing period, including optional charges, rebates and credits.
2. Uniform Billing. Contractor shall bill all Residential
Service Units in a uniform, non-discriminatory manner, regardless of level of service.
Payment shall be due no sooner than the 15th day of each billing period, and the due date
shall be listed on each bill. Bills shall be mailed no later than the first day of the billing
period. Contractor shall provide a process to accept payments from a homeowners'
association or its authorized representative for Service Units within that homeowners'
association.
a. Town Materials and Announcements. Contractor
shall include reasonable Town provided newsletters, announcements and similar
materials and information at no additional cost to the Town. The Town and
Contractor shall set the schedule and other reasonable parameters therefore.
b. Information Concerning_ Quarterly Residential Bulk
Waste Service, Household Hazardous Waste Events and Electronic Recycling
Events. At least 30 days before each scheduled: (i) Quarterly Residential Bulk
Waste Service, (ii) Household Hazardous Waste Event and (iii) Electronic
Recycling Event, Contractor will provide a pamphlet (approved in writing by the
Town) in the bills sent to customers in the Town setting forth, as applicable: (i)
the routes and schedule for the Quarterly Residential Bulk Waste Service pickup,
(ii) Household Hazardous Waste Event date, time and locations, and (iii)
Electronic Recycling Event date time and location, together with requirements,
limitation and answers to frequently asked questions related thereto. The same
information shall be conspicuously and continuously posted on the Contractors
website and on its billing page for customers within the Town.
3. Customer Dispute. In case of a bill dispute, the Contractor
must respond to a written complaint from a resident within 15 days.
4. Refunds. Refund checks will be issued promptly, but no
later than the next billing cycle following resolution of the request or 30 days, whichever
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TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
is earlier. Credits for service will be issued no later than the next billing cycle following
the determination that a credit is warranted.
5. Individual Rights. Contractor shall not deny service, deny
access, or otherwise discriminate against citizens on the basis of race, color, religion,
national origin, sex, age, or disability. Contractor shall comply at all times with all other
applicable federal, state, and local laws and regulations, and as amended from time to
time, relating to nondiscrimination.
6. Equal Opportunity. Contractor shall strictly adhere to
applicable equal employment opportunity requirements of federal, state, and local
regulations as amended from time to time.
7. Protection of Privacy.
a. At the time of delivery of the Carts to a Residential
Service Unit and at least once a year thereafter, Contractor shall provide notice in
the form of a separate, written statement to each Residential Service Unit that
clearly and conspicuously informs the occupant of:
(1) The nature of personally identifiable
information collected or to be collected and the nature of the use of such
information.
(2) The nature, frequency, and purpose of any
disclosure which may be made of such information, including any identification
of the types of persons to whom the disclosure may be made.
(3) The period during which such information
will be maintained by the Contractor.
(4) The times and place at which the Customer
may have access to such information in accordance with subsection 14.2(A)(7)(e)
below.
(5) The limitations provided by this Section
with respect to the collection and disclosure of information by Contractor and the
right of the Customer to enforce such limitations.
b. For purposes of the subsection, the term "personally
identifiable information" does not include any record aggregate data which does
not identify particular persons.
C. Except as provided in herein, Contractor shall not
disclose personally identifiable information concerning any customer without the
prior written or electronic consent of the customer concerned.
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TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
d. Contractor may disclose such information if the
disclosure is:
(1) Necessary to render, or conduct a legitimate
business activity related to Services provided by the Contractor to the customer.
(2) Made pursuant to a court order authorizing
such disclosure, if the customer is notified of such order by the person to whom
the order is directed.
e. A customer shall be provided, free of charge, access
to all personally identifiable information regarding that customer which is
collected and maintained by Contractor. Such information shall be made
available to the customer at reasonable times and at a convenient place designated
by Contractor. A customer shall be provided reasonable opportunity to correct
any error in such information.
f. Contractor shall destroy personally identifiable
information if the information is no longer necessary for the purpose for which it
was collected and there are no pending request or orders for access to such
information under subsection 14.2(A)(7)(e) or pursuant to a court order.
8. Collection Matters. Contractor shall establish a
procedure for addressing delinquent accounts and shall be solely responsible for
courteous resolution of any collection matters. The Contractor shall be permitted to pick
up the Solid Waste Cart, Recycling Cart and Green Waste Cart from any Residential
Service Unit for which fees for service have become delinquent by more than 60 days
after the first notice of delinquency by the Contractor to the customer. The Contractor
shall not receive any payment from the Town on account of excessive delinquencies.
B. Recycling Facilities Processing and Marketing Services.
Contractor shall submit a monthly bill on or before the 15th day of each month to the Town for
all services performed during the immediate prior calendar month. Contractor shall ensure that
each bill (1) describes services provided to the Town, (2) includes all charges for the prior
month, and (3) includes any other information the Town requests. Contractor shall bill Town in
accordance with the Rate Structure established on Form 5 and as may subsequently be adjusted
as set forth in this Agreement.
14.3 Town Payment to Contractor.
A. Town Facility Solid Waste Collection Services. Town shall pay
Contractor for Town Facility Solid Waste Collection Services at the rates set forth on Form 6.1
in an amount equal to the Town's authorized Town Facility Solid Waste Collection Services
minus any disputed amounts and minus any liquidated damages.
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
B. Town Facility Recycling Collection Services. Town shall pay
Contractor for Town Facility Recycling Collection Services at the rates set forth on Form 6.2 in
an amount equal to Town's authorized Town Facility Recycling Collection Services minus any
disputed amounts and minus any liquidated damages.
14.4 Payment for Variance; Inspections. For the duration of this Agreement,
Contractor shall be solely responsible for the costs associated with the request for and issuance
of a variance by the Maricopa County Environmental Services Division with respect to services
to be provided pursuant to this Agreement. Contractor shall also be responsible for conducting
any inspections required as a condition upon the Town's variance. Contractor shall provide the
Town with (A) quarterly reports detailing the inspections completed and (B) other such
information or reports as may be requested by the Town from time to time to comply with the
requirements of the variance.
14.5 Annual Rate Adjustments. All costs proposed in Forms 5, 6, 7 and 8
(inclusive) shall remain fixed from the execution of this Agreement through June 30, 20_.
Thereafter the costs shall be adjusted as set forth in Exhibit B, unless otherwise agreed to in
writing by the Town. .
15. Public Education Activities. Contractor shall provide the following services
associated with public education notices at no cost to the Town or the customer. Contractor will
at no time place public education notices inside customers' mailboxes. Contractor shall not
distribute any public education notices to Residential Service Units within the Service Area
without written approval from Contract Administrator.
15.1 Distribution of Program Introduction Notice. Contractor shall distribute,
at Contractor's own expense, a program introduction notice for each Residential Service Unit for
which Contractor delivers a Cart. The program introduction notice shall be delivered to each
Residential Service Unit twice before Collection begins. Contractor shall deliver the first notice
via first class mail not later than 60 days prior to the Commencement Date. Thereafter,
Contractor shall attach a program introduction notice via a non -adhesive means to each Cart
delivered to a customer or picked up by a customer at the Contractor's office.
15.2 Development, Printing and Distribution of Improper Set -out Notice.
Contractor shall develop, print and distribute, at Contractor's own expense, an improper set -out
notice. The improper set -out notice shall be approved by the Town and shall include one
original with two copies. The improper set -out notice shall include (A) the date (B) reason for
non -Collection and (C) Contractor's customer service telephone number and (D) any other
information the Town requests. Contractor shall attach the original improper set -out notice via a
non -adhesive means to the handle of the Cart. Contractor shall take a digital photo of set -out that
receives an improper set -out notice. Contractor shall maintain copies of improper set -out notices
and digital photos in a format that enables Contractor to immediately retrieve a requested notice
or photo by address. Contractor shall provide a monthly report of improper set -out notices as set
forth in this Agreement.
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
16. Ownership of Solid Waste and Program Recyclables. Title to Solid Waste,
including Bulk Waste, shall pass to the Contractor once the Contractor takes possession of the
materials at the Residential Service Unit. Title to Program Recyclables shall remain with the
Town until the Recyclable Materials are processed and sold. The risk of loss to the Recyclable
Materials shall pass to Contractor at the time they are picked up by the Contractor. After the risk
of loss passes to Contractor, if any Recyclable Materials are lost, damaged or scavenged,
Contractor shall be liable to the Town for that sum of funds that would have been paid to the
Town in accordance with the provisions of this Agreement.
17. Addition and Deletion of Recyclable Materials. The Town reserves the right to
add or delete other Program Recyclables to the program or delete Recyclable Materials from the
program if the contracting parties agree it is economically and technically feasible. Additional
fees, if any, for recovery of additional Recoverable Materials may be negotiated and
implemented as a change in service fee in an amendment to this Agreement.
18. Liquidated Damages. Contractor understands that if Contractor does not timely
perform its obligations pursuant to the terms of this Agreement, Town will suffer damages which
are difficult to determine and adequately specify. The acts or omissions set forth in this Section
18 shall be considered a breach of the Contract. The Contractor shall be liable for liquidated
damages amount(s) upon determination of the Town that performance has not occurred
consistent with the provisions of the Agreement. The Town shall notify the Contractor in writing
or electronically of each act or omission in this Agreement reported to or discovered by the
Town. It shall be the duty of the Contractor to take whatever steps or action may be necessary to
remedy the cause of the complaint. The Contractor agrees, in addition to any other remedies
available to the Town, that the Town may deduct the full amount of any damages from any
payment due to the Contractor. The remedy available to the Town under this paragraph shall be
in addition to all other remedies which the Town may have under law or at equity.
18.1 Missed Collection. $25 for each Missed Collection above two misses per
Collection day, to be assessed at the end of each Collection month. A Missed Collection occurs
when (A) a resident reports that their material was set at the curb by 6:00 AM, Local Time and
was not collected (B) the address was not reported by the Contractor as a late set -out or an
improper set -out. Contractor may dispute the designation as a Missed Collection to the Contract
Administrator. In the case of a dispute, the Contract Administrator's determination shall be final
as to whether a set -out is a Missed Collection.
18.2' Missed Block. $250 for each incident of the Contractor failing to pick up
material on a block. A Missed Block occurs when one side of a street between cross streets or an
entire cul-de-sac where residents from at least three households on that street report that they had
their material out before 6:00 AM, Local Time the material was not picked up, the material was
properly sorted and the address was not reported by the Contractor as a late set -out. Contractor
may dispute the designation as a Missed Block to the Contract Administrator. In the case of a
dispute, the Contract Administrator's determination shall be final as to whether a block is a
Missed Block.
TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
18.3 Less than Maiority Collected. $2,500 for each incident for failure to
complete a majority (50%) of the Collections on a given day.
18.4 Failed Spill Clean-up. $250 for each incident for failure to clean up
material spilled or littered by Contractor within six hours of verbal or written notification.
18.5 Failed Vehicle Maintenance. $100 for each incident for failure to
maintain vehicle in manner which prevents nuisances such as leaky seals or hydraulics.
18.6 Failed Correction of Missed Collection. $250 for each incident for failure
or neglect to collect materials from a Missed Collection location within the amount of time
specified in this Agreement.
18.7 Failed Cart Maintenance. $100 for each incident for failure to maintain
Carts or Containers in proper working order ten days after notice has been provided by the
Town.
18.8 Fail to Timely Complete Reports. $250 for each incident for failure to
timely provide a complete monthly or annual report.
18.9 Failure to Return Carts. $100 for each incident for failure to return Carts
or Containers to their original locations after collection. For the purposes of this subsection,
"original location" shall mean within ten feet of the location at which the Cart was placed
immediately prior to the Contractor picking it up for service. Contractor shall not be penalized
for any Carts returned to their original location which are subsequently moved by a third party.
18.10 Failure to Provide Updated Ma s. $50 per day for each day beyond 30
days after change in routing for failure to provide updated route maps to Town after change in
routing.
18.11 Failure to leave Education Tag. $100 for each incident for failure to leave
an education tag when material that is inappropriately prepared is not collected.
18.12 Failure to Label. $100 for each incident for distributing Carts without
labels that include text and graphics depicting what materials may be placed in the containers.
18.13 Failed Customer Complaint Response. $100 per Business Day thereafter
per incident for failure to respond to any customer complaint received by the close of the
following Business Day.
18.14 Failure to Document Customer Complaints. $50 per Business Day
thereafter per incident for failure to provide the Town with the required resolved customer
complaint documentation.
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SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
18.15 Failure to Accent Materials. $3,000 for each day for failure to be able to
accept materials on any day after the date upon which service begins on which materials are to
be collected.
18.16 Failed Reject Handling. $500 for each occurrence for failure to handle
Rejects in accordance with this Agreement.
18.17 Failure to meet Residue Allowance, For Failure to meet annual Residue
Allowance in accordance with this Agreement: (A) $500 for 0.01 % to 5.00% over the Residue
Allowance; (B) $1,000 for 5.01% to 10.00% over the Residue Allowance; (C) $1,500 for each
10.01 % to 15.00% over the Residue Allowance; (D) $2,000 for 15.01 % to 20.00% over the
Residue Allowance; and (E) $2,500 for 20.01 % or more over the Residue Allowance.
Exceptions: For the purposes of this Agreement, the Contractor shall not be deemed to be liable
for penalties where its inability to perform Collection Service is the result of conditions of Force
Majeure as set forth in Section 25 of this Agreement, inclement weather severe enough that
trucks cannot safely take Collections, provided however, that the Contractor shall obtain the
approval for the delay from the Town prior to 3:00 PM, Local Time of the scheduled Collection
day.
19. Payment Withheld. In addition to express provisions elsewhere contained in this
Agreement, Town may withhold from any payment otherwise due the Contractor such amount as
determined necessary to protect the Town's interests on account of: (i) Unsatisfactory progress
of the work not caused by condition beyond Contractor's control; (ii) Defective work not
corrected; (iii) Contractor's failure to carry out instructions or orders of the Town or its
representative; (iv) A reasonable doubt that the Agreement can be completed for the balance then
unpaid; (v) Execution of work not in accordance with the Agreement; (vi) Claim filed by or
against Contractor or reasonable evidence indicating problem filing of claims; (vii) Failure of
Contractor to make payments to any subcontractor for material or labor; (viii) Damage to another
contractor; (ix) Unsafe working conditions allowed to persist by Contractor; (x) Failure of
Contractor to provide required reports and other reports as required by Town; (xi) Use of any
subcontractors without the Town's prior, written approval; or (xii) Failure of Contractor to
provide accurate invoices and supporting data as describe elsewhere in this agreement. When
the foregoing defaults have been cured, payment shall be made for amounts withheld because of
them and the Town shall never be liable for interest on any delayed or late payment. The
Town's right to withhold payments under this Section will be reasonable in light of the nature of
the claims and the amount of available insurance and performance bonds pursuant to this
Agreement.
20. Performance Guaranty. Contractor shall furnish the Town with a Performance
Bond covering faithful performance of this Agreement. The bond shall be submitted within 45
days following the Effective Date, but in no event later than the Commencement Date. The
Bond shall be in an amount not less than annual value of this Agreement and in the form
approved by the Town Attorney. The term of the Bond shall be not less than one year beginning
on the Commencement Date. The Contractor shall furnish the Town with a renewal of the Bond
for an additional term of not less than one year from the expiration date of the Bond then in
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effect for each year this Agreement is in effect. The renewal of the Bond shall be submitted at
least 30 days prior to the expiration date of the Bond then in effect. Notwithstanding the
foregoing, the Surety shall not be obligated to renew the Performance Bond for any successive
year. Non -renewal shall not be construed as a default by the Contractor under the bond and shall
not be actionable under any bond provided. The Performance Bond shall be limited to one and
only one surety which shall be issued by a Surety Company authorized to do business in the
State of Arizona and have A.M. Best rating of "A" or better and the "T" Underwriting limitation
is not exceeded by this Bond.
21. Taxes. Contractor shall be responsible for and shall pay all sales, consumer, use
and other taxes. When equipment, materials or supplies generally taxable to the Contractor are
eligible for a, tax exemption due to the nature of the item, Contractor shall assist Town in
applying for and obtaining such tax credits and exemptions which shall be paid or credited to
Town.
22. Comuliance with Laws and Regulations. The Contractor shall keep fully
informed and shall at all times during the performance of its duties under this Agreement ensure
that it and any person for whom the Contractor is responsible remains in compliance with all
rules, regulations, ordinances, statutes or laws affecting the Services including the following: (i)
existing and future Town and County ordinances and regulations, (ii) existing and future State
and Federal laws, (iii) existing and future Occupational Safety and Health Administration
("OSHA") standards, (iv) applicable laws, statutes, codes, rules and regulations related to or
prohibiting discrimination in employment in the performance of its work under this Agreement
and (v) requirements as established by the Congress of the United States in the Fair Labor
Standards Act, as amended from time to time.
23. Town Inspection Rights.
23.1 Town's Right to Inspect Records, Books, Data and Documents. The
Town or any of its duly authorized representatives shall have access, within 24 hours of
notification, to all books, records, data and documents of the Contractor for inspection and audit,
at Town's expense. Additionally, the Contractor shall give the Town written notice of any other
professional relationships it enters into with the Town or any of its agencies or component units
during the period of this Agreement.
23.2 Town's Rights to Inspect Facilities and Equipment. The Town or any of
its duly authorized representatives shall have access, within 24 hours of notification, to inspect
Contractor's facilities, including the Disposal Facility and Recycling Facility if operated by the
Contractor, and equipment and perform such inspections, as Town deems reasonably necessary,
to determine whether the services required to be provided by Contractor under this Agreement
conform to the terms hereof and/or the terms of this Agreement. Town shall conduct the
inspection of facilities and equipment during hours of operation. Contractor shall make available
to Town all reasonable facilities and assistance to facilitate the performance of inspections by
Town's representatives.
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24. Dispute Resolution.
24.1 Interpretation of Agreement. Except as provided otherwise in this
Agreement and to the extent permitted by law, the Contract Administrator shall be responsible
for interpreting this Agreement to resolve disputes that may arise hereunder. The parties agree
that any decision rendered by the Contract Administrator in connection with such matters shall
be final and binding upon Contractor, the customer and the Town.
24.2 Definition of Claim. As used herein "claim" means a written demand or
assertion by one of the parties seeking, as a legal right, the payment of money, adjustment or
interpretation of the Agreement _ terms, or other relief, arising under or relating to this
Agreement. A voucher, invoice, or request for payment that is not in dispute when submitted is
not a claim under this subsection. However, where the submission is subsequently not acted
upon in a reasonable time, or disputed either as to liability or amount, it may be converted to a
claim for the purpose of this subsection. A claim by the Contractor shall be made in writing and
submitted to the Contract Administrator. When a controversy cannot be resolved by mutual
agreement, the Contractor shall submit a written request for final decision to the Contract
Administrator. The written request shall set forth all the facts surrounding the controversy.
24.3 Process for Dispute Resolution. In connection with any claim under this
clause, the Contractor, at the discretion of the Contract Administrator, may be afforded an
opportunity to be heard and to offer evidence in support of its claim. The Contract Administrator
shall render a written decision on all claims within 30 Business Days of receipt of the
Contractor's written claim, unless the Contract Administrator determines that a longer period is
necessary to resolve the claim. The decision shall be furnished to the Contractor by certified
mail, return receipt requested, or by any other method that provides evidence of receipt. If a
decision is not issued within 30 calendar days, the Contract Administrator shall notify the
Contractor of the time within which a decision shall be rendered and the reasons for such time
extension. The Contract Administrator's decision shall be final and conclusive. Pending
resolution of a claim, the Contractor shall proceed diligently with the performance of the
Agreement in accordance with subsection 24.4 below.
24.4 Operations during Dispute. In the event that any dispute arises between
Town and Contractor relating to this Agreement performance or compensation hereunder,
Contractor shall continue to render service and receive compensation in full compliance with all
terms and conditions of this Agreement as interpreted, in good faith, by the Town, regardless of
such dispute. The Contractor expressly recognizes the paramount right and duty of Town to
provide adequate services to its residents and further agrees, in consideration of the execution of
this Agreement, that in the event of such a dispute, if any, it will not seek injunctive relief in any
court without first negotiating with Town in good faith for an adjustment on the matter or matters
in dispute and, upon failure of said negotiations to resolve the dispute shall present the matter to
mediation in the courts of Arizona. If mediation fails, Contractor shall present the matter to a
court in Arizona. Notwithstanding the other provisions in this subsection, Town reserves the
right to terminate this Agreement at any time whenever the service provided by Contractor fails
to meet reasonable standards of the trade, after Town provides written notice to Contractor
pursuant to Section 28 of this Agreement. Upon termination, Town may call the performance
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bond and apply the cash and surety bond for the cost of service in excess of that charged to Town
by the firm engaged for the balance of the Agreement period.
25. Force Majeure. Except for any payment obligation by either party, if the Town or
Contractor is unable to perform or is delayed in its performance of any of its obligations under
this Agreement by reason of any event of force majeure, such inability or delay shall be excused
at any time during which compliance therewith is prevented by such event and during such
period thereafter as may be reasonably necessary for the Town or Contractor to correct the
adverse effect of such event of force majeure. An event of "Force Majeure" shall mean the
following events or circumstances to the extent that they delay the Town or Contractor from
performing any of its obligations (other than payment obligations) under this Agreement: acts of
God, tornadoes, hurricanes, floods, sinkholes, fires and explosions (except those caused by
negligence of Contractor, its agents and assigns), landslides, earthquakes, epidemics, quarantine,
pestilence and extremely abnormal and excessively inclement weather, acts of public enemy, acts
of war, terrorism, effects of nuclear radiation, blockades, insurrection, riots, civil disturbances or
national or international calamities, suspension, termination or interruption of utilities necessary
to the operation of either the Disposal Facility or the Recycling Facility. In order to be entitled
to the benefit of this Section, a party claiming an event of Force Majeure shall be required to
give prompt written notice to the other party specifying in detail the event of Force Majeure and
shall further be required to use its best efforts to cure the event of Force Majeure.
26. Indemnification. To the fullest extent permitted by law, the Contractor, as
Indemnitor, shall indemnify, defend and hold Town, its officers, officials, employees, agents and
volunteers ("Indemnitees") harmless from and against any and all liability, claims, losses, suits,
actions, damages and expenses (including court costs, attorneys' fees, and costs of claim
processing, investigation and litigation (collectively "Claims") for any personal injury, bodily
injury, loss of life or loss or damage to property or any violation of any Federal, state or local
law or ordinance or other cause related to or arising out of Contractor's performance of its
obligations pursuant to the terms of this Agreement, caused, in whole or in part by the negligent
or intentional acts or omissions of Contractors, its owners, officers, directors, employees,
subcontractors or agents or on account of the performance or character of this Agreement. This
indemnity includes any claim or amount arising out of or recovered under the Workers
Compensation Law or arising out of the failure of Indemnitor to conform to any Federal, state or
local law, statute, ordinance, rule, regulation or court decree. It is the specific intention of the
parties that the Indemnitee shall, in all instances except for Claims ' arising solely from the
negligent or willful acts or omissions of the Indemnitee, be indemnified by Indemnitor from and
against any and all Claims. It is agreed that Contractor will be responsible for primary loss
investigation defense and judgment costs where this indemnification is applicable. The amount
and type of insurance coverage requirements set forth below will in no way be construed as
limiting the scope of the indemnity in this Section.
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27. Insurance.
27.1 General.
A. Insurer Oualifications. Without limiting any obligations or
liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter
stipulated minimum insurance with insurance companies duly licensed by the State of Arizona
with an AM Best, Inc. rating of A- or above with policies and forms satisfactory to the Town.
Failure to maintain insurance as specified herein may result in termination of this Agreement at
the Town's option.
B. No Representation of Coverage Adequacy. By requiring insurance
herein, the Town does not represent that coverage and limits will be adequate to protect
Contractor. The Town reserves the right to review any and all of the insurance policies and/or
endorsements cited in this Agreement but has no obligation to do so. Failure to demand such
evidence of full compliance with the insurance requirements set forth in this Agreement or
failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or
deemed a waiver of, its obligation to maintain the required insurance at all times during the
performance of this Agreement.
C. Additional Insured. All insurance coverage and self -insured
retention or deductible portions, except Workers' Compensation insurance .and Professional
Liability insurance, if applicable, shall name, to the fullest extent permitted by law for claims
arising out of the performance of this Agreement, the Town, its agents, representatives, officers,
directors, officials and employees as Additional Insured as specified under the respective
coverage sections of this Agreement.
D. Coverage_Tenn. All insurance required herein shall be maintained
in full force and effect until all work or services required to be performed under the terms of this
Agreement are satisfactorily performed, completed and formally accepted by the Town, unless
specified otherwise in this Agreement.
E. Primary Insurance. Contractor's insurance shall be primary
insurance with respect to performance of this Agreement and in the protection of the Town as an
Additional Insured.
F. Waiver. All policies, except for Professional Liability, including
Workers' Compensation insurance, shall contain a waiver of rights of recovery (subrogation)
against the Town, its agents, representatives, officials, officers and employees for any claims
arising out of the work or services of Contractor. Contractor shall arrange to have such
subrogation waivers incorporated into each policy via formal written endorsement thereto.
G. Policy Deductibles and/or Self -Insured Retentions. The policies
set forth in these requirements may provide coverage that contains deductibles or self -insured
retention amounts. Such deductibles or self -insured retention shall not be applicable with respect
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to the policy limits provided to the Town. Contractor shall be solely responsible for any such
deductible or self -insured retention amount.
H. Use of Subcontractors. If any work under this Agreement is
subcontracted in any way, Contractor shall execute written agreements with its subcontractors
containing the indemnification provisions set forth in this Section and insurance requirements set
forth herein protecting the Town and Contractor. Contractor shall be responsible for executing
any agreements with its subcontractors and obtaining certificates of insurance verifying the
insurance requirements.
I. Evidence of Insurance. Prior to commencing any work or services
under this Agreement, Contractor will provide the Town with suitable evidence of insurance in
the form of certificates of insurance and a copy of the declaration page(s) of the insurance
policies as required by this Agreement, issued by Contractor's insurance insurer(s) as evidence
that policies are placed with acceptable insurers as specified herein and provide the required
coverages, conditions and limits of coverage specified in this Agreement and that such coverage
and provisions are in full force and effect. Confidential information such as the policy premium
may be redacted from the declaration page(s) of each insurance policy, provided that such
redactions do not alter any of the information required by this Agreement. The Town shall
reasonably rely upon the certificates of insurance and declaration page(s) of the insurance
policies as evidence of coverage but such acceptance and reliance shall not waive or alter in any
way the insurance requirements or obligations of this Agreement. In the event any insurance
policy required by this Agreement is written on a "claims made" basis, coverage shall extend for
two years past completion of the Services and the Town's acceptance of the Contractor's work or
services and as evidenced by annual certificates of insurance. If any of the policies required by
this Agreement expire during the life of this Agreement, it shall be Contractor's responsibility to
forward renewal certificates and declaration page(s) to the Town 30 days prior to the expiration
date. All certificates of insurance and declarations required by this Agreement shall be identified
by referencing the RFP number and title or this Agreement. Additionally, certificates of
insurance and declaration page(s) of the insurance policies submitted without referencing the
appropriate RFP number and title or reference to this Agreement, as applicable, will be subject to
rejection and may be returned or discarded. Certificates of insurance and declaration page(s)
shall specifically include the following_ provisions:
1. The Town, its agents, representatives, officers, directors,
officials and employees are Additional Insureds as follows:
a. Commercial General Liability - Under Insurance
Services Office, Inc., ("ISO") Form CG 20 10 03 97 or equivalent.
equivalent.
insurance.
b. Auto Liability - Under ISO Form CA 20 48 or
Excess Liability - Follow Form to underlying
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2. Contractor's insurance shall be primary insurance as
respects performance of the Agreement.
3. All policies, except for Professional Liability, including
Workers' Compensation, waive rights of recovery (subrogation) against Town, its agents,
representatives, officers, officials and employees for any claims arising out of work or
services performed by Contractor under this Agreement.
4. A 30-day advance notice cancellation provision. If
ACORD certificate of insurance form is used, the phrases in the cancellation provision
"endeavor to" and "but failure to mail such notice shall impose no obligation or liability
of any kind upon the company, its agents or representatives" shall be deleted. Certificate
forms other than ACORD form shall have similar restrictive language deleted.
27.2 Required Insurance Coverage.
A. Commercial General Liability. Contractor shall maintain
"occurrence" form Commercial General Liability insurance with an unimpaired limit of not less
than $3,000,000 for each occurrence, $5,000,000 Products and Completed Operations Annual
Aggregate and a $5,000,000 General Aggregate Limit. The policy shall cover liability arising
from premises, operations, independent contractors, products -completed operations, personal
injury and advertising injury. Coverage under the policy will be at least as broad as ISO policy
form CG 00 010 93 or equivalent thereof, including but not limited to, separation of insured's
clause. To the fullest extent allowed by law, for claims arising out of the performance of this
Agreement, the Town, its agents, representatives, officers, officials and employees shall be cited
as an Additional Insured under ISO, Commercial General Liability Additional Insured
Endorsement form CG 20 10 03 97, or equivalent, which shall read "Who is an Insured (Section
II) is amended to include as an insured the person or organization shown in the Schedule, but
only with respect to liability arising out of "your work" for that insured by or for you." If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be "follow form" equal or broader in coverage scope than underlying insurance.
B. Vehicle Liability. Contractor shall maintain Business Automobile
Liability insurance with a limit of $2,000,000 each occurrence on Contractor's owned, hired and
non -owned vehicles assigned to or used in the performance of the Contractor's work or services
under this Agreement. Coverage will be at least as broad as ISO coverage code "1" "any auto"
policy form CA 00 01 12 93 or equivalent thereof. To the fullest extent allowed by law, for
claims arising out of the performance of this Agreement, the Town, its agents, representatives,
officers, directors, officials and employees shall be cited as an Additional Insured under ISO
Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any
Excess insurance is utilized to fulfill the requirements of this subsection, such Excess insurance
shall be "follow form" equal or broader in coverage scope than underlying insurance.
C. Professional Liability. If this Agreement is the subject of any
professional services or work, or if the Contractor engages in any professional services or work
adjunct or residual to performing the work under this Agreement, the Contractor shall maintain
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Professional Liability insurance covering negligent errors and omissions arising out of the
Services performed by the Contractor, or anyone employed by the Contractor, or anyone for
whose negligent acts, mistakes, errors and omissions the Contractor is legally liable, with an
unimpaired liability insurance limit of $2,000,000 each claim and $2,000,000 annual aggregate.
In the event the Professional Liability insurance policy is written on a "claims made" basis,
coverage shall extend for two years past completion and acceptance of the Services and the
Contractor shall be required to submit certificates of insurance and a copy of the declaration
page(s) of the insurance policies evidencing proper coverage is in effect as required above.
D. Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation insurance to cover obligations imposed by federal and state statutes
having jurisdiction over Contractor's employees engaged in the performance of work or services
under this Agreement and shall also maintain Employers Liability Insurance of not less than
$500,000 for each accident, $500,000 disease for each employee and $1,000,000 disease policy
limit.
27.3 Cancellation and Expiration Notice. Insurance required herein shall not
expire, be canceled, or materially change without 30 calendar days' prior, written notice to the
Town.
28. Termination; Cancellation.
28.1 By the Town for Cause. In the event there should occur any Material
Breach or Material Default in the performance of any covenant or obligation of Contractor which
has not been remedied within 30 days after receipt of written notice from the Town specifying
such breach or default (or such longer period of time as is reasonably necessary to cure any such
breach or default which is not capable of being cured within 30 days, provided that the
Contractor has undertaken the cure within such 30 days and proceeds diligently thereafter to cure
in an expeditious manner; provided further that such cure period shall not exceed 90 days), the
Town, may if such breach or default is continuing, terminate this Agreement upon written notice
to the Contractor. The following events shall, without limitation, constitute a Material Breach or
a Material Default by Contractor for purposes of this Section: (i) contractor shall abandon as
hereinafter defined, the performance of Collection Services for a period of five consecutive
calendar days unless caused by event of Force Majeure. As used herein, the term "abandon"
shall refer to voluntary cessation of performance of Collection Service or operation of the
Disposal Facility or Recycling Facility; (ii) the failure of Contractor to process Program
Recyclables for a period of five consecutive calendar days at any time after the Commencement
Date; (iii) if the Contractor's hazardous substance contingency plan as required by this
Agreement hereof shall fail to comply with all Federal and State regulations regarding the
handling of hazardous waste; (iv) the failure of Contractor to pay amounts owed to the Town
under the terms of this Agreement within 14 calendar days after such amounts become finally
due and payable; (v) if Contractor shall be not paying its debts when they become due; shall have
fled, or consented by answer or otherwise to the following against it of, a petition for relief or
reorganization and bankruptcy or insolvency law of any jurisdiction; shall make an assignment
for the benefit of its creditors in lieu of taking advantage of any such bankruptcy or insolvency
law; shall consent to the appointment of custodian, receiver, trustee or other officer with similar
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powers with respect to any substantial part of its property; shall be adjudicated insolvent or shall
take corporate action for the purpose of any of the forgoing; and (vi) the default by Contractor
with respect to any obligation to any third party pertaining to the Contractor or to Collection
Services, which may permit any third party, either immediately or following notice and/or the
passage of time to accelerate the maturity of any obligation of the Contractor, to assume control
of the Contractor or take possession of or to transfer or caused to be transferred to any third party
any portion of the assets of the Contractor, but only if such default materially interferes with or
prevents Contractor's performance under the terms of this Agreement.
A. Failure to Cure. If the Contractor shall fail to cure its Breach or
Default as specified in this Section, the Town may terminate this Agreement upon ten days
written notice. In such case, the Contractor shall not be entitled to receive further payment for
services rendered from the effective date of the notice of termination.
B. Notice of Termination. Upon receipt of Notice of Termination,
Contractor shall promptly discontinue all affected work unless the Notice of Termination directs
otherwise, deliver or otherwise make available to Town all data, drawings, specifications,
reports, estimates, summaries, such other information as may have been required under the terms
of Agreement whether completed or in process.
C. Town's Right to Mitigate. In addition, Town may enter into a
separate contract for the completion of the Agreement, according to its terms and provisions, or
use such other methods as in Town's sole opinion shall be required for the completion of the
Agreement. All damages, costs and charges incurred by Town, together with the cost of
completing the terms and provisions of the Agreement, shall be deducted from any monies due
or which may become due to Contractor. In case the damages and expenses so incurred by Town
shall exceed the unpaid balance, then Contractor shall be liable and shall pay to Town the
amount of such excess.
D. Contractor Not in Breach. If after Notice of Termination it is
determined for any reason that Contractor was not in Breach or Default, then the rights and
obligations of the Town and the Contractor shall be the same as if the Notice of Termination had
not been issued pursuant to the termination for cause clause as set forth in paragraph 1 of this
Section.
28.2 For Town's Convenience. This Agreement is for the convenience of the
Town and, as such, may be terminated without cause after receipt by Contractor of written notice
by the Town. In such instance, an adjustment shall be made to the Contractor, for the reasonable
costs of the work performed through the date of termination. Termination costs do not include
lost profits, consequential damages, delay damages, unabsorbed or under absorbed overhead of
the Contractor or its subcontractors and/or failure to include termination for convenience clause
into its subcontracts and material purchase orders shall not expose the Town to liability for lost
profits in conjunction with a termination for convenience settlement or equitable adjustment.
Contractor expressly waives any claims for lost profit or consequential damages, delay damages,
or indirect costs which may arise from the Town's election to terminate this contract in whole or
in part for its convenience.
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28.3 Due to Work Stoppage. This Agreement may be terminated by the Town
upon 30 days' written notice to Contractor in the event that the Services are permanently
abandoned. In the event of such termination due to work stoppage, payment shall be made by
the Town to the Contractor for the undisputed portion of its fee due as of the termination date.
28.4 Conflict of Interest. This Agreement is subject to the provisions of ARIz.
REv. STAT. § 38-511. The Town may cancel this Agreement without penalty or further
obligations by the Town or any of its departments or agencies if any person significantly
involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the
Town or any of its departments or agencies is, at any time while the Agreement or any extension
of the Agreement is in effect, an employee of any other party to the Agreement in any Town or a
consultant to any other party of the Agreement with respect to the subject matter of the
Agreement.
28.5 Gratuities. The Town may, by written notice to the Contractor, cancel this
Agreement if it is found by the Town that gratuities, in the form of economic opportunity, future
employment, entertainment, gifts or otherwise, were offered or given by the Contractor or any
agent or representative of the Contractor to any officer, agent or employee of the Town for the
purpose of securing this Agreement. In the event this Agreement is cancelled by the Town
pursuant to this provision, the Town shall be entitled, in addition to any other rights and
remedies, to recover or withhold from the Contractor an amount equal to 150% of the gratuity.
28.6 Agreement Subiect to Appropriation. The provisions of this Agreement
for payment of funds by the Town shall be effective when funds are appropriated for purposes of
this Agreement and are actually available for payment. The Town shall be the sole judge and
authority in determining the availability of funds under this Agreement and the Town shall keep
the Contractor fully informed as to the availability of funds for the Agreement. The obligation of
the Town to make any payment pursuant to this Agreement is a current expense of the Town,
payable exclusively from such annual appropriations and is not a general obligation or
indebtedness of the Town. If the Town Council fails to appropriate money sufficient to pay the
amounts as set forth in this Agreement during any immediately succeeding fiscal year, this
Agreement shall terminate at the end of then -current fiscal year and the Town and the Contractor
shall relieved of any subsequent obligation under this Agreement.
28.7 By Contractor For Cause. In the event there should occur any Material
Breach or Material Default in the performance of any covenant or obligation of Town which has
not been remedied within 30 days after receipt of written notice from the Contractor specifying
such breach or default (or such longer period of time as is reasonably necessary to cure any such
breach or default which is not capable of being cured within 30 days, provided that the Town has
undertaken the cure within such 30 days and proceeds diligently thereafter to cure in an
expeditious manner), the Contractor, may if such breach or default is continuing, terminate this
Agreement upon written notice to the Town. The following events shall, without limitation,
constitute a Material Breach or a Material Default by Town for purposes of this Section: (i) The
failure of Town to pay amounts owed to the Contractor under the terms of this Agreement within
45 days after such amounts become finally due and payable or (ii) If Town shall have filed, or
TOWN OF FOUNTAIN HILLS
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DEPARTMENT PW2018-002
consented by answer or otherwise to the following against it of, a petition for relief or
reorganization and bankruptcy or insolvency law of any jurisdiction; shall make an assignment
for the benefit of its creditors in lieu of taking advantage of any such bankruptcy or insolvency
law; shall consent to the appointment of custodian, receiver, trustee or other officer with similar
powers with respect to any substantial part of its property; shall be adjudicated insolvent or shall
take official action for the purpose of any of the foregoing.
A. Failure to Cure. If Town shall fail to cure its Breach or Default as
specified in subsection 28.7 hereof, the Contractor may terminate this Agreement upon ten days
written notice. In such case, the Town shall not be entitled to receive further payment from the
Contractor from the effective date of the Notice of Termination.
B. Damages. All damages, costs and charges incurred by Contractor,
together with the cost of completing the terms and provisions of the Agreement, shall be
deducted from any monies due or which may become due to Town. In case the damages and
expenses so incurred by Contractor shall exceed the unpaid balance, then Town shall be liable
and shall pay to Contractor the amount of such excess.
29. Miscellaneous.
29.1 Survival. Any rights either party may have in the event it terminates this
Agreement pursuant to the terms hereof shall survive such termination.
29.2 Joint Preparation. The preparation of this Agreement has been a joint
effort of the parties and the resulting document shall not, solely as a matter of judicial
construction, be construed more severely against one of the parties than the other.
29.3 Further Assurance. Contractor and Town agree to execute, acknowledge
and deliver and cause to be done, executed, acknowledged and delivered all such further
documents and perform such acts as shall reasonably be requested of it in order to carry out this
Agreement and give effect hereto. Accordingly, without in any manner limiting the specific
rights and obligations set forth in this Agreement, the parties declare their intention to cooperate
with each other in effecting the terms of this Agreement.
29.4 Time of the Essence. For purposes herein, the parties agree that time shall
be of the essence of this Agreement and the representations and warranties made are all material
and of the essence of this Agreement.
29.5 Captions and Section Headings. Captions and section headings contained
in this Agreement are for convenience and reference only and in no way define, describe, extend,
or limit the scope or intent of this Agreement, nor the intent of any provision hereof.
29.6 No Waiver. No waiver of any provision in this Agreement shall be
effective unless it is in writing, signed by the party against whom it is asserted and any such
written waiver shall only be applicable to the specific instance to which it relates and shall not be
deemed to be a continuing or future waiver.
M1
TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
29.7 Exhibits. All Exhibits attached hereto contain additional terms of this
Agreement and are incorporated into this Agreement by reference.
29.8 Independent Contractor. The Contractor acknowledges and agrees that the
Services provided under this Agreement are being provided as an independent contractor, not as
an employee or agent of the Town. Contractor, its employees and subcontractors are not entitled
to workers' compensation benefits from the Town. The Town does not have the authority to
supervise or control the actual work of Contractor, its employees or subcontractors. The
Contractor and not the Town, shall determine the time of its performance of the services
provided under this Agreement so long as Contractor meets the requirements of its agreed scope
of work. Contractor is neither prohibited from entering into other contracts nor prohibited from
practicing its profession elsewhere. Town and Contractor do not intend to nor will they combine
business operations under this Agreement.
29.9 Amendments. This Agreement may be modified only by a written
amendment signed by persons duly authorized to enter into contracts on behalf of the Town and
the Contractor.
29.10 Provisions Required by Law. Each and every provision of law and any
clause required by law to be in the Agreement will be read and enforced as though it were
included herein and, if through mistake or otherwise any such provision is not inserted, or is not
correctly inserted, then upon the application of either party, the Agreement will promptly be
physically amended to make such insertion or correction.
29.11 Severability. In the event that any provision of this Agreement shall, for
any reason, be determined to be invalid, illegal, or unenforceable in any respect by a Court of
competent jurisdiction, the parties hereto shall negotiate in good faith and agree to such
amendments, modifications, or supplements of or to this Agreement or such other appropriate
actions as shall, to the maximum extent practicable in light of such determination, implement and
give effect to the intentions of the parties as reflected herein and the other provisions of this
Agreement shall, as so amended, modified, or supplemented, or otherwise affected by such
action remain in full force and effect.
29.12 Entire Agreement; Interpretation; Parol Evidence. This Agreement
represents the entire agreement of the parties with respect to its subject matter and all previous
agreements, whether oral or written, entered into prior to this Agreement are hereby revoked and
superseded by this Agreement. No representations, warranties, inducements or oral agreements
have been made by any of the parties except as expressly set forth herein, or in any other
contemporaneous written agreement executed for the purposes of carrying out the provisions of
this Agreement. This Agreement shall be construed and interpreted according to its plain
meaning and no presumption shall be deemed to apply in favor of, or against the party drafting
the Agreement. The parties acknowledge and agree that each has had the opportunity to seek
and utilize legal counsel in the drafting of, review of and entry into this Agreement.
B-41
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
29.13 Assignment. No right or interest in this Agreement shall be assigned by
Contractor without prior, written permission of the Town signed by the Town Manager and no
delegation of any duty of Contractor shall be made without prior, written permission of the Town
signed by the Town Manager. Any attempted assignment or delegation by Contractor in
violation of this provision shall be a breach of this Agreement by Contractor. This Agreement
and the rights and obligation contained herein shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
29.14 Subcontracts. This Agreement and any permits required for performance
of the Agreement may not be assigned, subcontracted, conveyed, or otherwise disposed of
without the prior, written approval of the Town, which will not be unreasonably withheld. No
such assignment or subcontracting shall relieve Contractor of its liability under this Agreement.
In the event Contractor elects to use any subcontractors, this does not relieve Contractor from
any prime responsibility of full and complete satisfactory and acceptable performance under any
awarded Agreement. However, the Agreement may be assigned for the purpose of financing
after notification of the terms of such assignment to the Town Manager or authorized designee.
29.15 Rights and Remedies. No provision in this Agreement shall be construed,
expressly or by implication, as waiver by the Town of any existing or future right and/or remedy
available by law in the event of any claim of default or breach of this Agreement. The failure of
the Town to insist upon the strict performance of any term or condition of this Agreement or to
exercise or delay the exercise of any right or remedy provided in this Agreement, or by law, or
the Town's acceptance of and payment for services, shall not release the Contractor from any
responsibilities or obligations imposed by this Agreement or by law and shall not be deemed a
waiver of any right of the Town to insist upon the strict performance of this Agreement.
29.16 Attorneys' Fees. In the event either party brings any action for any relief,
declaratory or otherwise, arising out of this Agreement or on account of any breach or default
hereof, the prevailing party shall be entitled to receive from the other party reasonable attorneys'
fees and reasonable costs and expenses, determined by the court sitting without a jury, which
shall be deemed to have accrued on the commencement of such action and shall be enforced
whether or not such action is prosecuted through judgment.
29.17 Liens. All materials or services shall be free of all liens and, if the Town
requests, a formal release of all liens shall be delivered to the Town.
29.18 Offset.
A. Offset for Damages. In addition to all other remedies at law or
equity, the Town may offset from any money due to the Contractor any amounts Contractor
owes to the Town for damages resulting from breach or deficiencies in performance or breach of
any obligation under this Agreement.
B. Offset for Delinquent Fees or Taxes. The Town may offset from
any money due to the Contractor any amounts Contractor owes to the Town for delinquent fees,
transaction privilege taxes and property taxes, including any interest or penalties.
B-42
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
29.19 Notices and Requests. Unless a specific time frame for notice is otherwise
specifically set forth in this Agreement (including, but not limited to Subsections 5.3, 5.4, 6.1,
9.4, 23.1, 25 and 29.21), any notice or other communication required or permitted to be given
under this Agreement shall be in writing and shall be deemed to have been duly given if: (A)
delivered to the party at the address set forth below; (B) deposited in the U.S. Mail, registered or
certified, return receipt requested, to the address set forth below; (C) given to a recognized and
reputable overnight delivery service, to the address set forth below ;or (D) delivered by e-mail
transmission, with receipt confirmation, to the e-mail address set forth below:
If to the Town: Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
E-mail: gmillerAfh.az.gov
Attn: Grady Miller, Town Manager
With copy to: Dickinson Wright PLLC.
1850 N. Central Ave., Suite 1400
Phoenix, Arizona 85004
E-mail: sholcomb(a,dickinsonwright.com
Attn: Scott Holcomb
If to Contractor:
E-mail:
Attn:
or at such other address and to the attention of such other person or officer, as any party may
designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed
received (A) when delivered to the party, (B) three Business Days after being placed in the U.S.
Mail, properly addressed, with sufficient postage, (C) the following Business Day after being
given to a recognized overnight delivery service, with the person giving the notice paying all
required charges and instructing the delivery service to deliver on the following Business Day, or
(D) when received by facsimile transmission during the normal business hours of the recipient.
If a copy of a notice is also given to a party's counsel or other recipient, the provisions above
governing the date on which a notice is deemed to have been received by a party shall mean and
refer to the date on which the party and not its counsel or other recipient to which a copy of the
notice may be sent, is deemed to have received the notice.
29.20 Confidentiality of Records. The Contractor shall establish and maintain
procedures and controls that are acceptable to the Town for the purpose of ensuring that
information contained in its records or obtained from the Town or from others in carrying out its
obligations under this Agreement shall not be used or disclosed by it, its agents, officers, or
employees, except as required to perform Contractor's duties under this Agreement. Persons
requesting such information should be referred to the Town. Contractor also agrees that any
B-43
SECTION B
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
information pertaining to individual persons shall not be divulged other than to employees or
officers of Contractor as needed for the performance of duties under this Agreement.
29.21 Records and Audit Rights. Contractor's and its subcontractor's books,
records, correspondence, accounting procedures and practices and any other supporting evidence
relating to this Agreement, including the papers of any Contractor and its subcontractors'
employees who perform any work or Services pursuant to this Agreement to ensure that the
Contractor and its subcontractors are complying with the warranty under subsection 29.22 below
(all the foregoing hereinafter referred to as "Records"), shall be open to inspection and subject to
audit and/or reproduction during normal working hours by the Town, to the extent necessary to
adequately permit (A) evaluation and verification of any invoices, payments or claims based on
Contractor's and its subcontractors' actual costs (including direct and indirect costs and overhead
allocations) incurred, or units expended directly in the performance of work under this
Agreement and (B) evaluation of the Contractor's and its subcontractors' compliance with the
Arizona employer sanctions laws referenced in subsection 29.22 below. To the extent necessary
for the Town to audit Records as set forth in this subsection, Contractor and its subcontractors
hereby waive any rights to keep such Records confidential. For the purpose of evaluating or
verifying such actual or claimed costs or units expended, the Town shall have access to said
Records, even if located at its subcontractors' facilities, from the effective date of this Agreement
for the duration of the work and until three years after the date of final payment by the Town to
Contractor pursuant to this Agreement. Contractor and its subcontractors shall provide the Town
with adequate and appropriate workspace so that the Town can conduct audits in compliance
with the provisions of this subsection. The Town shall give Contractor or its subcontractors
reasonable advance notice of intended audits. Contractor shall require its subcontractors to
comply with the provisions of this subsection by insertion of the requirements hereof in any
subcontract pursuant to this Agreement.
29.22 E-verify Requirements. To the extent applicable under ARIZ. REV. STAT.
§ 41-4401, the Contractor and its subcontractors warrant compliance with all Federal
immigration laws and regulations that relate to their employees and compliance with the E-verify
requirements under ARIZ. REV. STAT. § 23-214(A). Contractor's or its subcontractor's failure to
comply with such warranty shall be deemed a material breach of this Agreement and may result
in the termination of this Agreement by the Town.
29.23 Scrutinized Business Operations. Pursuant to ARIZ. REV. STAT. §§ 35-
391.06 and 35-393.06, the Contractor certifies that it does not have scrutinized business
operations in Sudan or Iran. For the purpose of this subsection the term "scrutinized business
operations" shall have the meanings set forth in ARIZ. REV. STAT. § 35-391 or 35-393, as
applicable. If the Town determines that the Contractor submitted a false certification, the Town
may impose remedies as provided by law including terminating this Agreement pursuant to
subsection 28.1 above.
29.24 Conflicting Terms. In the event of any inconsistency, conflict or
ambiguity among the Agreement, the Scope of Work, the Fee Proposal, the RFP and the
Contractor's Proposal, the documents shall govern in the order listed herein.
B-44
TOWN OF FOUNTAIN HILLS
SECTION B PUBLIC WORKS
DEPARTMENT PW2018-002
29.25 Applicable Law; Venue. This Agreement shall be governed by the laws of
the State of Arizona and suit pertaining to this Agreement may be brought only in courts in the
State of Arizona, Maricopa County.
IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date
and year first set forth above.
"Town"
"Contractor"
TOWN OF FOUNTAIN HILLS, an Arizona _
municipal corporation a(n)
Mayor
ATTEST:
Bevelyn J. Bender, Town Clerk
APPROVED AS TO FORM:
Attorneys for the Town of Fountain Hills
B-45
Name:
Its:
TOWN OF FOUNTAIN HILLS
SECTION B
DEPARTMENT
(ACKNOWLEDGEMENTS)
STATE OF ARIZONA )
) ss.
COUNTY OF MARICOPA )
PUBLIC WORKS
PW2018-002
This instrument was acknowledged before me on , 2018,
by , the Mayor of the TOWN OF FOUNTAIN HILLS, an Arizona municipal
corporation, on behalf of the Town of Fountain Hills.
My Commission Expires:
STATE OF
) ss.
COUNTY OF
Notary Public in and for the State of Arizona
This instrument was acknowledged before me on
by as
, a(n) , on behalf of the corporation.
My Commission Expires:
of
Notary Public in and for the State of
2018,
EXHIBIT B
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Contractor's Proposal]
See following pages.
1089903.7
PHOENIX 77018-1 466528v4
'" REPUBLIC
ZW SERVICES
LETTER OF INTENT
July 23, 2018
Town of Fountain Hills
16705 East Avenue of the Fountains
Fountain Hills, Arizona 85268
Subject: Response to Request for Proposal for Solid Waste Services, PW2018-02
Dear Mr. Rees and Selection Committee,
Allied Waste Transportation, Inc., dba Republic Services of Phoenix is pleased to respond to the
Town of Fountain Hills Request for Proposal for Solid Waste Services. As the Town's current
recycling and waste services provider, we are confident our more than eight year track record of
reliable service and our community partnership mindset will continue to create value for
Fountain Hills, helping to strengthen the community and quality of life along the way.
By continuing our partnership, the Town's residents can continue to rely on Republic Services to
handle their recycling and waste service needs in a way that is easy and effortless for them.
Our drivers are deeply familiar with each neighborhood street and place safety and customer
experience above all else. Residents and town staff will not have to worry about the disruption
of cart removals and deliveries that comes with switching providers.
We are a committed community partner and greatly value being a good neighbor and supporting
the communities where we live and work. This is why Republic centers our charitable giving
around community development and neighborhood revitalization to help build stronger, safer
communities. Our proposal includes not only what is required in the RFP, but also includes our
continued partnership through community events sponsorships and Republic Rewards. This
rewards program donates $10,000 annually to a Fountain Hills non-profit or charitable
organization, most recently awarded to the Fearless Kitty Rescue.
The enclosed proposal is binding offer for a 180 calendar day period from the opening date as
specified in this RFP. The information contained in this Proposal or any part thereof, including
its exhibits, schedules and other documents and instruments delivered or to be delivered to the
Town, are true, accurate and complete to the Proposer's knowledge. This proposal includes all
information necessary to ensure that the statements herein do not in whole or in part mislead
the Town as to any materials facts.
On behalf of more than 1,500 Republic employees that live and work in the greater Phoenix
area, and our drivers who service Fountain Hills' residents each week, we appreciate the
opportunity to keep your business through this submittal and look forward to a long and
continued partnership for years to come.
Sincerely,
Tim Oudman
Vice President
Allied Waste Transportation, Inc., dba Republic Services of Phoenix
CERTIFICATE OF SECRETARY
The undersigned, Secretary of Allied Waste 'Transportation, Inc., a Dela-,varc
corporation (the "Coq-)oration'�, does hereby certify- on behalf of the Corporation, that
TIM OUDMAN is a duly elected Vice President of the Corporation, that in such
capacity he, the President or any other Vice President of the Corporation, can exercise
such power and perform such duties as usually accompaiues such offices, and implicit in
such power is the authority to execute and submit a bid (the "Bid") to provide Solid
Waste Services for the Town of Fountain Hills (the "To-vn'D in the State of Arizona,
and to execute a contract ,vith the Town for such services should the laid be awarded to
the Corporation, and that there is no current intention to remove him from such office.
IN WITNL SS WH RE01{, the undcrsilmed has hereunto set her hand this 2-1 day of
July, 2018.
rile . , c puler, Secretary
0 hTAN bt
REPUBLIC / _{
.%, SERVICES , Solid Waste Services_ _,
TABLE OF CONTENTS
CHAPTER 1: GENERAL INORMATION
1. Letter of Intent
2. Statement of Organization
3. Certificate of Insurability
4. Acknowledgement of Addenda
CHAPTER 2: EXPERIENCE AND QULIFICATIONS OF THE PROPOSER
1. Experience
2. Key Personnel
3. Statement of Independence
4. Disclosure of Preclusion form Participating in Public Procurement
5. Litigation, Regulatory Actions and Liquidated Damages History
6. Compliance Records
CHAPTER 3: FINANCIAL STATEMENT
CHAPTER 4: METHOD OF APPROACH
1. General Proposal Requirements
2. Recycling Service Proposal Requirements
3. Solid Waste Services
4. Quarterly Residential Bulk Waste Services
5. Residential Green Waste Services Proposal Requirements
6. Annual Household Hazardous Materials Collection
7. Annual Electronics Recycling Event
CHAPTER 5: BILLING
CHAPTER 6: COST INFORMATION
ATTACHMENTS
1 - FORM 1: Statement of Organization
2 - FORM 2: Certificate of Insurability
3 - FORM 3: Acknowledgement of Addenda
4 - FORM 4: Experience
5 - Litigation
6 - Compliance
7 - Affidavit of Ownership:, Cave Creek Transfer Station
8 - Affidavit of Ownership: Southwest Regional Landfill
9 - Affidavit of Ownership: River Recycling
10 - Letter from Salt River Landfill: Green Waste Processing
ENCLOSURES
Summary Annual Report
Cost Information (separate sealed envelope
PW 2018-02 Competition Sensitive
a REPUBLIC Vj SERVICES Solid Waste Services
CHAPTER 1: GENERAL INFORMATION
1. LETTER OF INTENT
2. STATEMENT OF ORGANIZATION
Form 1: Please See Attachment 1
3. CERTIFICATE OF INSURABILITY
Form 2: Please See Attachment 2
4. ACKNOWLEDGMENT OF ADDENDA
Form 3: Please See Attachment 3
CHAPTER 2: EXPERIENCE AND QUALIFICATIONS
1. EXPERIENCE
Form 4: Please See Attachment 4
2. KEY PERSONNEL
R
Our local team is vital to the continued successful delivery of this contract and its daily
operations. This team's unique combination of collection experience, recycling expertise, and
innovative management systems will ensure reliable service for the duration of the contract. Our
local and area management teams have extensive industry experience in operating and
managing solid waste companies and have substantial experience in the region.
Some of the key members of the local team have been servicing Fountain Hills since the
conversion to single hauler system in 2011. The key positions and roles involved in the delivery
of this contract are listed below:
General Manager: Tricia Ponce de Leon has been with Republic Services since 2004 and is
responsible for leading the business unit in Metro Phoenix - North. Responsibilities include 200
employees, a transfer station, and 2 recycling centers. She is responsible for P&L Management,
Operations, Risk Management, Customer Relations and Satisfaction, Sales, and Marketing
Management. Tricia graduated from Arizona State University with a BA in Accounting. Tricia
worked for Waste Management, Newell Rubbermaid and Phillip & Company, where she gained
knowledge and experience in distribution, manufacturing, and service industries, in well-
PW 2018-02 Competition Sensitive Page 1 of 12
REPUBFC / Solid Waste Services ;
established companies, start-ups and troubled companies and divisions. Tricia began her career
with Republic Services in 2004, as Assistant District Controller for Allied Waste of Phoenix. She
has held several positions with Republic Services including Division Controller, Operations
Manager and Assistant General Manager, and General Manager in San Diego. Tricia moved
back to Phoenix as General Manager in early 2016. Tricia will dedicate approximately 10% of
her full time equivalent work week to this Agreement.
References:
Raymond Rees, Facilities/Environmental Supervisor
Town of Fountain Hills
480-816-5180
Robert van den Akker, Environmental Manager
City of Buckeye
623.349.6805
Business Unit Controller: Jennifer Wilson is currently responsible for all administrative,
accounting and statistical reporting functions for Republic Services. She ensures that financial
controls and records are maintained in accordance with company policy and legal requirements.
She is responsible for providing and reviewing financial statements and variance analyses,
billing, account reconciliation. In addition Ms. Wilson is responsible for providing analytical
support and assistance for the division goals and action plans. She develops and coordinates
the annual budget, negotiates contract rates for municipal bids, and manages and trains staff in
the accounting department. Jennifer joined Republic Services in 2016. She has B.S. Degree in
Business Finance and MBA from Regis University. Jennifer will dedicate approximately 10% of
her full time equivalent work week to this Agreement.
Operations Manager: Terrence Sims manages the daily operations for the North Phoenix
hauling division and ensures maximum productivity and route management systems for
commercial, roll off and residential routes and establishes productivity improvement goals where
needed. Responsibilities include the development of supervisory goals and objectives,
management of labor hours, and disposal expenses. He manages the budget for the operations
department, which includes approval of purchase orders and vendor pricing. He also interacts
with customers and local, state and federal government employees to resolve customer service
concerns and ensure regulatory compliance standards are met. Terrence joined Republic in
2017. He has gained his knowledge in Operations and Logistics from FedEx and DHL.
Terrence will dedicate approximately 15% of his full time equivalent work week to this
Agreement.
Maintenance Manager: Wayne Kolacki has been in the solid waste industry for over 20
years. He is responsible for overseeing all aspects of our fleet maintenance program. Mr.
Kolacki ensures that all repair and maintenance work is performed in a safe, efficient and timely
manner; reallocating resources among sites as appropriate. He oversees coordination, planning
and scheduling of all repair work to increase productivity, while effectively managing the
department's overtime. Wayne is a graduate of Allied Institute of Technology, Chicago, IL with
a degree in Automotive and Diesel Technology. He is ASE Certified Heavy Truck Master
Technician. Additional training includes DOT, Hazardous Materials Handling, OSHA, finance,
'�' �,�^$ ,wS'., •'�' fi' '^`iTM .# , 2T 4 JT;,r#�'xG",� �4w'.�'�i 'efi ..
PW 2018-02 Competition Sensitive Page 2 of 12
TT A1.1 bI
REPUBLIC /'
SERVICES Solid Waste Services
various tire testing seminars, and development courses through American Management
Association. Wayne will dedicate approximately 10% of his full time equivalent work week to
this Agreement.
Operations Supervisor: James Ory is responsible for route maps, route restructuring and
supervision of employees providing waste collection and disposal. He is responsible for
developing work schedules to match staffing levels, initiating work assignments and monitoring
progress to improve work efficiencies. James joined Republic in 2017 and is focused on
efficiency, customer satisfaction, and employee engagement. James will dedicate
approximately 40% of his full time work week to this Agreement.
3. STATEMENT OF INDEPENDENCE
Republic Services has been very careful to maintain proper communications channels
throughout this process and will continue to maintain appropriate relationships with elected
official and town staff for the new agreement. We are not aware of any conflict that would
preclude us from participating in this process or the subsequent contract.
4. DISCLOSURE OF PRECLUSION FROM PARTICIPATING IN PUBLIC PROCUREMENT
Allied Waste Transportation, Inc., dba Republic Services of Phoenix, has not been debarred,
suspended or otherwise lawfully precluded from participating in any public procurement activity,
including being disapproved as a subcontractor with any Federal, state or local government.
5. LITIGATION, REGULATORY ACTIONS AND LIQUIDATED DAMAGES HISTORY
Please See Attachment 5: Litigation
6. COMPLIANCE RECORDS
Please See Attachment 6: Compliance
CHAPTER 3: FINANCIAL STATEMENT:
Republic Services is among the leading recycling and waste services companies in the United
States. With annual revenues exceeding $10.0 billion, Republic is the largest Arizona based
company. Our financial stability and local leadership will guarantee the financial strength and
stability to exceed Town of Fountain Hill's expectations for the duration of the contract and
beyond.
Republic Services' financial stability allows us to guarantee our commitments and obligations
presented to the Town of Fountain Hills in our proposal. We have the capacity to continually
PW 2018-02 Competition Sensitive Page 3 of 12
rO NT hN� d/�tl
+�� REESECEPC I Solid Waste Services ;
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invest in equipment and preventative maintenance, as evidenced by the youngest fleet in the
industry.
Republic Services' most recent audited Financial Statement is included in the enclosed copy of
the 2017 Summary Annual Report. The Annual Report to Shareholders have been prepared in
accordance with Securities and Exchange Commission requirements, with New York Stock
Exchange Commission requirements, and in accordance with generally accepted accounting
principles (GAAP).
CHAPTER 4: METHOD OF APPROACH
Republic Services has been servicing the Town of Fountain Hills even before we were selected
as the single hauler when the town decided to have single provider for residential trash and
recycling service in 2011. Our management and employees have been long time members of
this community. We work to exceed your expectations with continued outstanding customer
service. In a survey conducted by an independent polling firm in January 2018, a majority
of residents polled thought it was a good decision that the town went to a single hauler,
and almost 70% polled found Republic Services favorable provider.
Successful collection operations begin with a skillful operations supervisor. Your Republic
Services local operations supervisor is responsible for the day-to-day collection operations,
including development and evaluation of routing (in conjunction with the general manager and
operations manager), training and oversight of drivers, and implementation and enforcement of
safety procedures.
We ensure our operations supervisors are not overloaded, nor tied to a desk. On average, we
maintain a 15:1 ratio of routes to supervisor, which means that items needing attention are dealt
with immediately, and that the supervisor knows your community intimately. In addition, our
supervisors are out on the routes regularly. At least twice per week, they conduct ride -a longs
with drivers on their routes. This creates great opportunities for driver mentoring, ensures quality
control on the route, and keeps the supervisor directly aware and familiar with the nuances of
the route and the community. Few if any other companies in the industry dedicate their
operations staff to success in this manner.
Our Operations Team can communicate with the residents and commercial customers easily
using several forms of technology. Our web and smartphone based app, called My Resource TM
enables customers to see their accounts, make service requests, or raise issues for resolution.
This app also enables our operations team to offer alerts or emails to customers regarding
changes in service for holidays or inclement weather, or even holidays. We also employ a
technology known as call-em-all, which is a phone- based capability for distributing operations
updates when needed to customers on effected routes.
1 a. DESCRIPTION OF COLLECTION EQUIPMENT
Republic will continue to service all single-family containers using automated side load (ASL)
truck. The ASL is proven to retrieve and return containers in even the most hard -to -reach
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REPUBLIC '
SERVICES ,�� Solid Waste Services �.+!
locations such as narrow streets, courts and alleyways, enabling the industry's most efficient,
safe, and environmentally responsible curbside automated collection services. Each collection
vehicle is operated by a single driver and is painted in a uniform manner, featuring our logo and
company contact information.
We will continue to service the Town of Fountain Hills with the following trucks:
Unit Number
Year
Make
Model
Body
Truck Type
2500
2018
Peterbilt
PB520
McNeilus
Automated Side Load
2501
2018
Peterbilt
PB520
McNeilus
Automated Side Load
2502
2018
Peterbilt
PB520
McNeilus
Automated Side Load
2503
2018
Peterbilt
PB520
McNeilus
Automated Side Load
2506
2018
Peterbilt
PB520
McNeilus
Automated Side Load
2017
2018
Peterbilt
2512
McNeilus
Rear Load
1 b. COLLECTION ROUTE SCHEDULES AND MAPS
Establishing the most optimized routes for a community has dramatic effects on the quality of
service, safety and efficiency of the collection operation through shorter routes, safety in the
neighborhoods, and ultimately the wear and tear on the streets in the municipality.
Collection routes will operate Monday through Friday except when certain holidays fall on
Monday and all collection days are moved one day back with Friday being collected on
Saturday. Solid waste and recyclables will be collected on the same day to minimize the effort
from our residents.
As the current single provider of residential services, we have a proven route optimization
process for your municipality, which involves collaboration between the local management team
and our drivers. The Area Map shows current service areas. Each area represents different
service days. We have planned routes to ensure that trucks are not conducting collection on
streets during times that are known for congestion or traffic, such as art fairs and community
events. To accommodate the change in service days from Monday through Thursday, to
Monday through Friday, we will make the town's requested changes with the least disruption of
day and time to residents.
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1 c. DISPOSAL AND PROCESSING CONTRACTS
Garbage collected from the Town of Fountain Hills will be direct transferred to the Republic
Services owned transfer station located at 1855 E Deer Valley Road, Phoenix. From there, the
materials will be transferred and hauled to the Company owned Southwest Regional Municipal
Solid Waste Landfill located at 24427 SR-85, Buckeye, AZ 85326. Recycling materials will be
processed at River Recycling. Proof of Ownership for Disposal and Processing is attached as
follows: Cave Creek Transfer Station - Attachment 7, Southwest Regional Landfill - Attachment
8, and River Recycling— Attachment 9.
1 d. APPROACH TO MINIMIZE CONTAINER DAMAGE
Republic Services maintenance team continues to work with the truck manufacturer to make the
proper adjustments on the lifting mechanism on the collection vehicles. By doing so, the
container life will be extended dramatically. Proper maintenance on the lifting mechanism will
also take place on a regular basis to ensure that the adjustments are made as needed. The arm
is buffered with a rubber lining and is in the drivers view while the cart is being serviced. When
the driver or maintenance technician identifies any collection vehicle that is doing unnecessary
damage to the containers, we will immediately make the proper adjustments to minimize
container damage.
Republic Services will also maintain appropriate cart inventory to ensure replacement carts are
available upon request of the Town. Each Residential Service Unit shall be entitled to unlimited
replacements for destroyed or damaged carts for the life of the Agreement.
PW 2018-02 Competition Sensitive Page 6 of 12
NS AI,\ di
'i� REPUBLIC SERVICES j f` Solid Waste Services
��
1 e. SELF -HAULERS
Republic Services will work diligently to provide a variety of collection services that meets the
needs of the residents of the Town of Fountain Hills. By providing weekly solid waste, recyclable
material, green waste and quarterly bulk collection program to the residents, we hope to
minimize the need for residents to self -haul materials. In the event a resident has extra material
and desires to self -haul, the following procedure will take place. All self -hauled loads should be
tarped prior to entering the disposal location. The self -hauler must show proof of primary
residence in the Town of Fountain Hills. All self -haulers must adhere to the safety rules and
regulations posted at the disposal site. The designated disposal site for self -hauled loads from
the Town of Fountain Hills will be the Cave Creek Transfer Station. Cave Creek Transfer Station
is located at 1855 E. Deer Valley Road in Phoenix. The rate for Fountain Hills residents will
remain at $25.00 per ton with a one ton minimum charge.
2. RECYCLING SERVICE PROPOSAL REQUIREMENTS
We will offer all single-family customers weekly, fully automated single -stream recycling
collection services. Recycling containers will be serviced with the same equipment and manner
as residential solid waste containers.
Furthermore, Republic Services will make necessary arrangements so that Neighborhood
Recycling Drop-off and or Special Event Recycling Services will be accommodated. The use of
roll -off containers, front load style containers, and "special event" recyclable cardboard boxes
are the types of containers available to meet the Town's needs.
2a. RECYCLABLE MATERIALS TO BE COLLECTED
The following is a list of recyclable materials collected from the Town's residents that will be
processed at Republic's recycling facility:
Aluminum cans and foil
Steel/tin cans
Glass food and beverage containers (flint, amber, and green)
Newspaper, slick paper inserts
Magazines, paperback books
Residential mixed paper, junk mail inserts
Telephone books and Yellow Pages
Cardboard (corrugated, chipboard)
Plastic bottles and containers (recycling logo #1 through #6)
In the event additional items are deemed to be recyclable by a processing facility, we will be
proactive in our efforts to divert this material from the landfills. In the event the processing
facility deems item(s) to be non -recyclable, Republic will work diligently with the town
representatives to educate residents.
I
PW 2018-02 Competition Sensitive Page 7 of 12
.O pS AIYd`�
REPUBLICSERVICES / Solid Waste Services;
i►
2b. RECYCLABLE MATERIALS ACCEPTED BY PROCESSING FACILITY
Recyclable materials collected from the Town of Fountain Hills will be consistent with materials
accepted by the recycling facility.
2c. APPROACH TO MINIMIZE OVER -COMPACTION OF RECYCLABLES
Republic is committed to keeping contamination in recyclables at the absolutely lowest level
possible. Reducing residue begins with education, limiting non -recyclable materials, and
contamination in recycling bins. The local management team will collaborate with Town staff to
develop proactive public education programs to ensure the lowest level of contamination and
the highest levels of diversion. Working with individual customers to reduce contamination in the
materials set out for collection is one of the keys to collecting clean loads. Republic believes the
success of its recycling program is due to consistent interaction with the individual customer.
Customer education and Republic's involvement is vital in meeting and exceeding diversion
requirements and establishing solid sustainability practices. By ensuring customers receive
appropriate and easily accessible educational material we are able to deliver clean material to
the recycling facility. There will be periodic and random cart and bin checks by our in -field
supervisors to help identify contamination prior to collection. Republic drivers are trained to
monitor loads to limit over -compaction of recyclable materials.
2d. PROCESSING SITE INFORMATION
We are committed to investing in recycling processing infrastructure where appropriate as
evidenced by our recent acquisition of ReCommunity in 2017. Republic Services now owns and
operates River Recycling facility and is located at the Salt River Pima Maricopa Indian
Community Landfill, 13602 N. Beeline Highway, Scottsdale, Arizona, 85256. River Recycling's
Plant Manager is Mike Howell. He may be reached at 760-457-6149.
River Recycling routinely inspects each load that is brought into the recycling facility. Upon
inspection, any loads that are deemed as contaminated and/or hazardous are immediately
staged separately and will be further examined and inspected.
Trucks tip their loads and materials are pushed by a loader into stockpiles in preparation for
processing. The mixed material travels to a quality control station where contaminants and
undesirable material are removed.
Republic has recently upgraded several pieces of equipment at River Recycling and will
continue to upgrade machinery in the next year and in the future to ensure we increase
efficiency and maximize our recycling efforts.
PW 2018-02 Competition Sensitive Page 8 of 12
♦C rq ALY b'�
CVO REPUBLIC % Solid Waste Services SERVICES �
2e. PERMITTED AND AVAILABLE PROCESSING CAPACITY
River Recycling Facility is currently processing approximately 250 tons per day, and has an
annual capacity of 80,000 tons. Republic continues to invest in proven technologies to control
costs, increase capacity, and to simplify and streamline recycling for our customers.
2f. IMPORT RESTRICTIONS OR FEES
Republic Services has no import restrictions, taxes, or fees that will be applicable to the receipt
of the Town's recyclable materials.
3. SOLID WASTE SERVICES
Republic Services has the experience and knowledge to successfully continue services and
accommodate new services required by the Town of Fountain Hills and its residents. Residential
Solid Waste Service will be provided to the residents via fully automated Residential Side Load
Trucks. In addition, we will provide bulky item (out of cart set out) collection to the residents
utilizing Residential Rear -Load Trucks. Depending on the size and type of the container(s)
requested by the town, Special Event and Town Facilities Solid Waste Services will be provided
either by, fully automated Commercial Front Load Trucks, fully automated Residential Side Load
Trucks, Rear -load trucks or Roll Off Trucks. Each piece of equipment with the exception of the
Rear Load Truck requires its own style of container. These different style containers will be
provided to the residents and town depending on the type of service that is requested.
3a. DISPOSAL SITE INFORMATION
Cave Creek Transfer Station
1855 E Deer Valley Road
Phoenix, AZ 85024
Cave Creek Transfer Station is owned and operated by Allied Waste Transportation Inc. The
facility is managed Jim O'Neal. Mr. O'Neal may be reached at 602-714-0168.
Cave Creek Transfer operators periodically inspects each load that is brought into the recycling
facility. Upon inspection, any loads that are deemed as contaminated and/or hazardous are
immediately staged separately and will be further examined and inspected.
3b. PERMITTED AND AVAILABLE DISPOSAL CAPACITY
Garbage collected from the Town of Fountain Hills will be hauled to the Republic Services
owned Cave Creek Transfer at 1855 E. Deer Valley Road, Phoenix. From there, the materials
will be transferred and hauled to the Company owned Southwest Regional Municipal Solid
Waste Landfill located at 24427 SR-85, Buckeye, AZ 85326. Republic's Southwest Regional
PW 2018-02 Competition Sensitive Page 9 of 12
t AI.V B�
REPUBLIC
TJ SEWICES Solid Waste Services ;
Landfill has 85 years of remaining capacity and can accommodate all the solid waste disposal
needs of the Town of Fountain Hills through the term of the contract.
4. QUARTERLY RESIDENTIAL BULK WASTE SERVICES
Republic Services will collect residential bulk waste of up to six cubic yards from each
residential unit in the town once per quarter. We will work with town staff to establish quarterly
bulk service schedule that supports the town's Growing Greener Initiatives.
4a. METHOD FOR PERFORMING RESIDENTIAL BULK WASTE SERVICES
Bulky Waste will be serviced using a two -person (driver and helper) Rear Load truck. Materials
collected will be delivered to a disposal facility or recycling facility.
4b. RESIDENTIAL BULK WASTE COMMUNICATION
Pamphlets or brochures will be mailed to residents that will include pick-up schedule and
section maps for the quarterly bulk waste service pickup. Requirements, limitations, and
answers to frequently asked questions will also be included. The same information will be
available on the Republic website. Maps and schedule magnets may also be provided.
5. RESIDENTIAL GREEN WASTE SERVICES PROPOSAL
We will offer all residential customers weekly, automated collection of accepted yard waste
materials. Yard waste containers will be serviced with the same equipment and manner as
residential solid waste and recycling containers.
5a. GREEN WASTE PROCESSING SITE INFORMATION
Salt River Landfill located at 13602 N. Beeline Highway in Scottsdale, Arizona 85256. The
mailing address is the same as the site address. Salt River Landfill and Green Waste
Processing facility phone number is (480) 941-3427. The landfill is owned and managed by the
Salt River Pima Maricopa Indian Community.
5b. PERMITTED AND AVAILABLE PROCESSING CAPACITY
There is no daily and annual maximum capacity for Green waste Processing. Please see
Attachment 10 — Letter from Salt River Landfill Green Waste Processing.
5c. MATERIALS ACCEPTED FOR PROCESSING
PW 2018-02 Competition Sensitive Page 10 of 12
7 SLY y
REPUBL/C /
SE,�,��s , Solid Waste Services
Acceptable materials include: tree, bush and grass clippings, tree trunks less than four feet in
diameter, brush, leaves, twigs, branches, and unpainted and untreated lumber.
5d. IMPORT RESTRICTIONS OR FEES
No import restrictions or fees.
6. ANNUAL HOUSEHOLD HAZARDOUS MATERIALS COLLECTION
Household Hazardous Waste (HHW) is often trapped in residential garages, or thrown into the
traditional waste stream, leading to contamination. Our HHW service offers a reliable and
responsible solution to properly deal with this complicated waste stream.
Not all household products can be thrown in the regular garbage. You can rely on Republic
Services to provide safe, convenient disposal options for household hazardous materials to
prevent potential harm to the environment, our employees or others.
Residents may bring their household hazardous waste materials to an agreed upon designated
location during the annual household hazardous waste event. Materials to be collected: Oil -
based paint, paint thinners, solvents, paint removers, gasoline, diesel fuel, lighter fluid, waste
oil, pesticides, fertilizers, drain and oven cleaners, adhesives, pool chemicals, aerosol cans.
7. ANNUAL ELECTRONICS RECYCLING EVENT
Republic Services has held several community electronics recycling events in the Phoenix
Metro area. The annual electronics recycling event will be held in conjunction with the
household hazardous waste event. Materials that will be collected are: including but not limited
to AC Adapters, Calculators, Cameras, Cell Phones, CD Rom/DVD Drives, Computers (PCs /
laptops / servers / tablets), digital cable boxes, docking stations, electric motors, fax machines,
hard drives, keyboards & mice, medical equipment, metals, modems, monitors (LCD & LED),
wires / cables / power cords, power tools, printers, routers, DVD players and video game
equipment).
CHAPTER
BILLING
Republic Services shall bill Residential Service Units for Residential Solid Waste, Bulk Waste,
Recycling Services and Residential Green Waste Services in accordance with the contracted
rate structure. Residents may choose to be billed annually, semi-annually, or quarterly. Invoices
will be clear, concise and simple to read. Invoices will be itemized, clearly delineating all activity
during the billing period, including optional charges and credits. Payment shall be due no sooner
than the 15th day of the billing period, and the due date shall be listed on each invoice.
Republic Services will accommodate to bill and accept payments from a homeowners'
PW 2018-02 Competition Sensitive Page 11 of 12
`OtiT AIA b�
qf�►REP�l J a
i► SERVICES / Solid Waste Services
association or its authorized representative for Service Units within that homeowners'
association.
CHAPTER 6
COST INFORMATION - FORM 5-8: Submitted in a separate, sealed envelope
rye`", * ,i. x. ;. q, ;1!+'71
PW 2018-02 Competition Sensitive Page 12 of 12
a REPUBLIC / qj SERVICES 1, Solid Waste Services
ATTACHMENT 1
FORM 1: STATEMENT OF ORGANIZATION
PW 2018-02 Competition Sensitive Attachment
SECTION A
DEPARTMENT
1.
2.
3.
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
V. REQUIRED FORMS
FORM 1: STATEMENT OF ORGANIZATION
PROPOSER
Full Name of Business:
Principal Business Address:
Principal Phone Number:
Local Business Address:
Local Business Contact Person:
Local Business Fax:
Local Business E-Mail:
Type of Organization:
Tax ID #:
Allied Waste Transportation, Inc.
1855 E. Deer Valley Road
Phoenix, AZ 85024
602-442-7285
1855 E. Deer Valley Road
Phoenix, AZ 85024
Tricia Ponce de Leon
tponcedeleon@republicservices.com
Corporation
52-2044849
License #: 301
Provide names of authorized representative(s) of the Proposer who has legal authority to bind
the Proposer in contractual obligations:
(a) Tim Oudman
(b)
(c)
SERVICE OPTIONS
Service Options Proposed (check all that apply):
Residential Solid Waste Services, Residential Bulk Waste Services, Residential
Recycling Services and Town Facility Recycling Services.
Town Facility Solid Waste Services
N/ Neighborhood Recycling Drop-off Services
V— Residential Green Waste Services
SUBCONTRACTOR
List of all firms participating in this Proposal:
Name Address Area of Responsibility
(a)
(b)
(c)
(d)
A-16
C REPUBLIC ; seRvIcFs Solid Waste Services
ATTACHMENT 2
FORM 2: STATEMENT OF INSURABILITY
PW 2018-02 Competition Sensitive Attachment
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
FORM 2: CERTIFICATE OF INSURABILITY
PW2018-002
By submitting a Proposal, the submitting Proposer certifies that it is fully aware that the
Insurance Requirements contained in the Agreement apply whether awarded one or more
Service Options pursuant to this RFP. Furthermore, the Proposer assures the Town of
Fountain Hills that it is able to produce the insurance coverage required should it be selected
for award of the Agreement.
Should the Proposer's firm be awarded the Agreement by the Town and then be unable to
produce the insurance coverage specified within ten calendar days, it is fully aware and
understands that it may not be considered for further projects by the Town of Fountain Hills.
C'
Signature of Proposer
Tim Oudman
Printed Name of Signee
Allied Waste Transportation, Inc.
dba Republic Services of Phoenix
Company Name
July 23, 2018
Date
A-17
fty[w\Nll
M W REPUBLIC 04 SERVICES i Solid Waste Services
I
ATTACHMENT 3
FORM 3: ACKNOWLEDGEMENT OF ADDENDA
PW 2018-02 Competition Sensitive Attachment
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS DEPARTMENT
PW2018-002
FORM 3: ACKNOWLEDGEMENT OF ADDENDA:
By submission of this Proposal, Proposer hereby certifies receipt of all the addenda listed in the
table below.
Addendum
Number
Description of Addendum
1
Addendum 1 Dated July 18 2018 - Inquiries and Responses
A-18
TOWN OF FOUNTAIN HILLS
DEVELOPMENT SERVICES DEPARTMENT
ADDENDUM NO. 1 DATED JULY 189 2018
TO REQUEST FOR PROPOSALS
SOLICITATION TITLE: SOLID WASTE SERVICES
SOLICITATION NUMBER: PW2018-02 (11RFP11)
Pursuant to Sections 1.4(B) and 1.5 of the RFP, the Town of Fountain Hills,
Arizona ("Town") issues this Addendum to provide clarification to the RFP in
response to written inquires submitted to the Town. The RFP remains otherwise
unchanged except as amended by prior Addenda (if any) issued by the Town
pursuant to Section 1.5 of the RFP.
INQUIRES AND RESPONSES
1. Will the Town award a commodity to different haulers, i.e., can a supplier
win only Green Waste (Section 1.12(C))?
Town Response: No.
2. Should Section 5.2(A) of the Sample Solid Waste Services Agreement be
changed to meet recent China contamination requirements of .05%?
Town Response: No.
3. May the due date for monthly reports referenced in Section 13.2(B) of the
Sample Solid Waste Services Agreement be changed to thirty calendar days, rather
than seven days, following the end of each calendar month?
Town Response: Yes
4. Is there a contradiction between Sections 6.2 and 18.17 of the Sample Waste
Services Agreement concerning Residue Allowances and liquidated damages?
Town Response: No. Section 6.2 of the Sample Waste Services Agreement
indicates that if the Residue Allowance is exceeded, the Town may impose
damages that are calculated pursuant to Section 18.17. Section 18.17 sets forth
dollar amounts in relation to the percentage of Residue over the Residue
Allowance. Section 6.2 sets the Residue Allowance to 15%. Section 18.17
indicates the liquidated damages for Residue amounts in excess of the Residue
Allowance, or in other words, in excess of 15%.
5. If the supplier/vendor no -bids green waste, will the response be viewed as
non -compliant?
Town Response: Yes
6. To prevent customer confusion and to offer the most competitive price, will
the Town consider a bid for only 1 & 1 service (rather than 1 & 1, 2& 1, lx trash)?
Town Response: No
7. Is the Annual Household Hazardous Material Collection service (referenced
in Section 4.7 of the Sample Waste Services Agreement) to be provided at a central
location?
Town Response: Yes
8. Is the Annual Electronics Recycling Event (referenced in Section 4.8 of the
Sample Waste Services Agreement) to be provided at a central location?
Town Response: Yes
9. In reference to the Annual Rate Adjustment, Section 14.5 of the Sample
Waste Services Agreement indicates that all costs shall remain fixed from the
execution of the Agreement, and thereafter all costs shall be adjusted as set forth in
Exhibit B thereto. Is the supplier to establish annual increases at the outset of the
contract?
Town Response: Yes
Will there be a separate adjustment for fuel?
Town Response: No
10. What is the Town's monetary expectations for marketing?
Town Response: The Town will evaluate marketing on a response -by -response
basis.
z
11. Does the 15-page limit include the following?
i. Cover/transmittal letter
ii. Form 1: Statement of organization
iii. Form 2: Certificate of insurability
iv. Form 3: Acknowledgement of addenda
v. Form 4: Experience
vi. Form 5: Cost form for residential solid waste services, residential bulk
waste services, residential recycling services and town facility
recycling services
vii. Form 6: Cost form for Town facility solid waste services and special
events solid waste services
viii. Form 7: Cost form for neighborhood recycling drop-off services
ix. Form 8: Cost form for residential green waste services
x. Attachments
Town Response: No
12. Since the Town is requesting quarterly pick up, should the pricing be
/unit/month?
Town Response: Yes
13. What population growth does the Town expect over the next 5 years?
Town Response: 2016 Population = 24,483
2020 Est. Population: 25,900
14. Please confirm the current vacation hold process and billing status? Is there
no charge or is the hauler able to continue to charge monthly/quarterly?
Town Response: No Charge.
15. If the supplier/vendor has comments or proposed changes to the Sample
Solid Waste Services Agreement, does the Town want the supplier/vendor to
submit them?
Town Response: Yes.
In what format?
Town Response: List form.
3
16. Does the Town intend to negotiate with the successful supplier/vendor?
Town Response: Depends on the impact to the contract.
17. If the supplier/vendor is a subsidiary of a public company that files a
consolidated tax return on behalf of itself and all of its affiliates, can the
supplier/vendor submit the parent company's financial statements?
Town Response: Yes.
ACKNOWLEDGEMENT OF ADDENDA
Allied Waste Transportation, Inc.
dba Republic Services of Phoenix acknowledges that it has/they have received the
(Proposer name)
foregoing Addendum No. 1.
Date: July 23, 2018 By: :�_:_
PHOENIX 77018-1 479883v1
Name: Tim Oudman
Title: Vice President
4
jq
SERVICESaREPUBLIC � Solid Waste Services
ATTACHMENT 4
FORM 4: EXPERIENCE
PW 2018-02 Competition Sensitive Attachment
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
FORM 4: EXPERIENCE
Proposer shall provide a minimum of five references of public agencies, cities, towns, private
companies, contracts and communities presently being served by the Proposer with similar
services to those being proposed in this proposal
1. Name of Public Agency: Buckeye, Arizona
Address: 530 Monroe Ave.. Buckeye, AZ 85325
Phone Number: 623-349-6815
Contact Person: Scott Lowe - Public Works Dir _ .tor
Year Contract Initiated: 2008
Number of Residential Units Served: 18,700
Description of Services: Once per week automated trash and recycling
service and quarterly bulk service
2. Name of Public Agency: Community of Anthem
Address: 3701 W. Anthem Way, Suite 102
Anthem, Arizona 85086
Phone Number: 623-742-6129
Contact Person: Neal Shearer - CEO
Year Contract Initiated: 1998
Number of Residential Units Served: 10,000
Description of Services: Once per week automated trash and recycling
service, quarterly bulk service, Annual Household Hazardous,
electronics recycling event
Name of Public Agency: Lake Havasu City, AZ
Address: 7330 pQcC, d1r)�h Blv_r1 N ,
I ak _ Havasu, AZ 86403
Phone Number: 928-855-2116
Contact Person: Charli _ .acS _nc - City Manager
Year Contract Initiated: 1992
Number of Residential Units Served:
Description of Services: Converted rom manual once weekly trash
and recycle service to automated si a oa
A-19
FORM 4: EXPERIENCE (continued)
4. Name of Public Agency
Address
Phone Number
Contact Person
Year Contract Initiated
Number of Residential Units Served
Description of Services
5. Name of Public Agency
Address
Phone Number
Contact Person
Year Contract Initiated
Number of Residential Units Served
Description of Services
Huntington Beach, California
2000 Main Street 4th Floor
Huntington Beach, California
714-536-5511
Fred Wilson - City Manager
1982
47,570
Once per week automoated trash and recyling, bulk collection
Commercial and industrial waste collection to all businesses
Chula Vista, California
276 Fourth Avenue
Chula Vista, California
619-585-5790
Gary Halbert - City Manager
1982
56,000
Exclusive automated residential trash, recycling, and yard waste
Commercial and industrial waste collection to all businesses
REPUBLIC % Solid Waste Services ++ ;
ATTACHMENT
FORM 5: LITIGATION
4 a F. 4;»`vd,ia T , 7 ,
PW 2018-02 Competition Sensitive Attachment
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ATTACHMENT 6
FORM 6: COMPLIANCE
PW 2018-02 Competition Sensitive Attachment
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ATTACHMENT 7
AFFIDAVIT OF OWNERSHIP: CAVE CREEK TRANSFER STATION
PW 2018-02 Competition Sensitive Attachment
AFFIDAVIT
STATE OF ARIZONA )
) ss.
County of Maricopa )
The undersigned, being duly sworn, deposes and states as follows:
I am the duly elected, qualified and acting Vice President and Secretary of
Allied Waste Transportation, Inc., a Delaware corporation ("AWT"),
AWT owns and/or operates a transfer station located at 1855 E. Deer Valley
Road, Phoenix. Arizona. 85024, kno Am as Cave Creek Transfer Station; and
Further Affiant sayeth naught.
DATE: July 16, 2018.
'ETieen B. chuler
SUBSCRIBED and SWORN to before me, the undersigned notary public, on July
16, 2018.
Notary Public
My Commission Expires: �\\`\ �•ti�ti w,r\^,�tir,r�r;fi,ti�r,
,• .. . ,.; E_'•,.r,.'tip„'t'
`o �t,uxdt4
a REP�JBLIC I SVU,olid Waste Services { x
�'`��
ATTACHMENT 9
AFFIDAVIT OF OWNERSHIP: RIVER RECYCLING
PW 2018-02 Competition Sensitive Attachment
AFFIDAVIT
STATE OF ARIZONA )
) ss.
County of Maricopa )
The undersigned, being duly sworn, deposes and states as follows:
l . I am the duly elected, qualified and acting Vice President and Secretary of
River Recycling, LLC, a Delaware limited liability company ("RR"),
2. RR owns and/or operates a material recycling facility located at 13602 N.
Beeline Highway, Scottsdale, Arizona, 85256, known as Scottsdale River
Recycling; and
3. Further Affiant sayeth naught.
DATE: July 16, 2018.
SUBSCRIBED and SWORN' to before me. the undersigned notary public, on July
16, 2018.
Notary Public
1h''1.tti�1^,/Sf1''R� 1s,n.,�s,,,.rtisyn+r,
My Commission Expires:-1`\� 1V
t ele bi
REPUBLIC l
SERVICES Solid Waste Services
ATTACHMENT 10
LETTER FROM SALT RIVER LANDFILL: GREEN WASTE PROCESSING
PW 2018-02 Competition Sensitive Attachment
SALT RIVER LANDFILL
PIMA-MARICOPA INDIAN COMMUNITY
13602 E. Beeline Highway/SR 87 Phone: (480)941-3427
Scottsdale, AZ 85256 Fax: (480)949-4261
July 10, 2018
Tricia Ponce de Leon
General Manager
Republic Services
4811 W. Lower Buckeye Road
Phoenix AZ 85043
RE: Green Waste and Solid Waste Disposal Services
Dear Ms. Ponce de Leon:
May this letter confirm the Salt River Landfill's ability and desire to accept and process
the Town of Fountain Hill's green waste and/or solid waste as may be delivered by
Republic Services should they be awarded the bid. The Salt River Landfill does not
have daily or annual permitted capacity restrictions.
Our commitment to recycling continues to be a priority for both the Salt River Pima-
Maricopa Indian Community and the Landfill Enterprise. Landfill capacity is a precious
and valuable commodity, and it would be environmentally irresponsible to not divert
such easily recyclable material.
Green waste recycling has been conducted here at the Salt River Landfill for over 15
years. Green waste is brought to the facility by Mesa, Scottsdale, Salt River Project,
East Valley residents and many landscaper/lawn maintenance companies. Accepting
the Town of Fountain Hill's yard trash will not impact our current green waste
operations. No expansion is necessary.
The acceptable materials include: tree, bush and grass clippings, tree trunks less than
four feet in diameter, brush, leaves, twigs, branches, and unpainted and untreated
lumber. Green waste must be separated from other wastes destined for landfill
disposal prior to arriving at the facility. Contaminated green waste loads will be directed
to disposal in the landfill.
Western Organics is the current vendor that processes the green waste and ships it to
markets. The process involves grinding green waste into mulch, stockpiling it into
manageable piles and loading it for transport to other facilities. The majority of the
material is transported to Western Organic's Phoenix facility for further processing and
then bagged and sold at various retail outlets. Some of the material is used as a wood
chip material transported to a power plant producing "green energy".
SALT RIVER LANDFILL
PIMA-MARICOPA INDIAN COMMUNITY
13602 E. Beeline Highway/SR 87 Phone: (480)941-3427
Scottsdale, AZ 85256 Fax: (480)949-4261
Western Organics is always looking for outlets for processed green waste. If Fountain
Hills is looking to be becoming a user of some of then end products (effectively
completing the loop of recycling) we will be happy to facilitate discussions..
No import restrictions or additional fees exist.
If you have any questions, please feel free to contact me at 480-302-6473.
Sincerely, j � n n
11�lih�lA.Gi c�X� A
Richard Allen
CEO
Salt River landfill
EXHIBIT C
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Fee Proposal — Completed Forms 5 - 8]
See following page(s).
[1]
[2)
[3)
[41
[51
[6)
[71
[81
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL
BULK WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES
Form 5.1 - Costs for Residential Solid Waste Services
onda thro h Frida Collection Week
Service Rate
tSan:DayCollection
Different Day
I
[1]
Collection [2]
Residential Solid Waste Services
1. Solid Waste Collection Service
$ 8.43 /Unit/Month
$ 8.43'7Unit/Month
Rate
2, Solid Waste Cart Rate [3]
65 Gallon
$ 0.00 /Unit/Month
$ 0.00 /Unit/Month
96 Gallon
$ 0.00 /Unit/Month
$ 0.00 /Unit/Month
3. Solid Waste Disposal Rate [4]
$ 0.00 /Unit/Month
$ 0.00 /Unit/Month
4. Additional Solid Waste Cart
$
0.00�mt/Month
$ mt/Month
0.00'U
Collection Service Rate 5
5. Additional Solid Waste Cart Rate
$ 5.00/`Unit/Month
$ 5.00/Unit/Month
[3][5]
6. Additional Solid Waste Cart
O.00 [6]
0.00 [6]
Disposal Rate 4 5
7. Non -Collection Day Collection
$ /Unit/Month
25.00
$ mt/Month
25.00'U
Rate [7]
8. Non -Collection Day Disposal Rate
[6]
4 7
0.00[6]
0.00
arter ` Residential Bulk Waste Services
1. Bulk Waste Collection Rate
$ 50.0O CY **
$ 50.006 CY **
2. Bulk Waste Disposal Rate [4]
$ 0.006 CY
$ 0.00 /6 CY
Residential RMcling Services
1. Recycling Collection Service Rate
$ 5.94 /Unit/Month
$ 5.94 /Unit/Month
2. Recycling Cart Rate [3][8]
65 Gallon
$ 0.00/Unit/Month
$ 0.00/Unit/Month
96 Gallon
$ /Unit/Month
$ /Unit/Month
Residentralart' a Rate (gl-".".
s "50 ;kart
'�3Ctt
Same Day Collection means Contractor shall perform both Residential Solid Waste Services and Residential Recycling Services on
the same day of the week for each Residential Service Unit.
Different Day Collections means Contractor may perform Residential Solid Waste Services and Residential Recycling Services on
different days of the week for each Residential Service Unit.
Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Residential Service Units at the expiration of the Agreement shall rest with the Contractor.
Disposal Rate shall be the sole fee charged for the disposal of Solid Waste and Bulk Waste.
Additional Solid Waste Service means the cost associated with an additional Solid Waste Cart for a Residential Service Unit.
Additional Solid Waste Cart Disposal Rate shall be equal to Solid Waste Disposal Rate.
Non -Collection Day Collection Rate shall mean the provision of Solid Waste Collection Services by the Contractor on a day other
than the Residential Service Unit's scheduled Collection day.
Proposer shall provide a choice of the size of Carts for solid waste and recycling (65 & 96-gal) to enable residents to choose the level
of service most appropriate for their situation. The default level of service will be the 96 gallon Carts. Recycle Carts shall be a
standard blue color with the recycle logo imprinted on the container; provided, however, that the Town may, it its sole discretion,
allow for alternative Recycling Cart colors that are clearly marked or colored to easily distinguish them from the Solid Waste Cart and
A-20
TOWN OF FOUNTAIN HILLS
SECTION A PUBLIC WORKS
DEPARTMENT PW2018-002
the Green Waste Cart and so long as the recycle logo is clearly displayed. All Carts must be Proposer grade, wheeled containers. Each
must have a permanently attached lid, and be designed to easily fit through gates and doors.
[9] Proposer shall provide residents with a one-time ability to request a change in Cart size. Any additional changes in Cart size will be
individually charged to the resident, per Cart.
*Quarterly bulk rate and annual household hazardous waste and electronics event is
included in solid waste collection rate.
**Bulk waste and collection rate of $50.00/6CY is for residents who request pick-up
more than the 4 quarterly pick-ups included in base rate
ALL RATES ARE SUBJECT TO A 3.5% INCREASE IN THE ANNIVERSARY DATE OF
THE SIGNED AGREEMENT.
A-21
SECTION A
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
DEPARTMENT PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL
BULK WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES
Form 5.1.A - Costs for Residential Solid Waste Services
Service Rate
Monday through Friday
Collection Week
Multiple Day Collection
1
,y
=.'1Sar: ,d,s,✓ gazp�
�n:o-.',s"`t,i" �z. "':'s,";,� 1„�.:a
1.
Solid Waste Collection Service Rate
$ 13.43'Unit/Month
2.
Solid Waste Cart Rate [2]
65 Gallon
96 Gallon
$ 0.00 /Unit/Month
$ n nn/Unit/Month
3.
Solid Waste Disposal Rate [3]
$ /Unit/Month
4.
Additional Solid Waste Cart Collection
Service Rate [4]
$ 5.00 /Unit/Month
5.
Additional Solid Waste Cart Rate [2][4]
$ 5.00 /Unit/Month
6.
Additional Solid Waste Cart Disposal
Rate [3][4]
0.00 [6]
7.
Non -Collection Day Collection Rate [6]
/Unit/Month
8.
Non -Collection Day Disposal Rate
[3][6]
0.00 [6]
Resld� Bulk r ra
1.
Bulk Waste Collection Rate
$ 50.00*#6 CY
2.
Bulk Waste Disposal Rate [3]
$ 0.00 /6 CY
3.
Semiannual Bulk Waste Event
$ /6 CY
idental _ ;fit s'ices
r;i,
1.
Recycling Collection Service Rate
$ 5.94 /Unit/Month
2.
Recycling Cart Rate [2][7]
65 Gallon
96 Gallon
$ 0.00 /Unit/Month
$ /Unit/Month
p
[1] Multiple Day Collection means Contractor shall perform, for each Residential Service Unit, Residential Solid Waste Services on two
days each week and Residential Recycling Services on the same day of the week as one of the Residential Solid Waste Services days.
[2] Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Residential Service Units at the expiration of the Agreement shall rest with the Contractor.
[3] Disposal Rate shall be the sole fee charged for the disposal of Solid Waste and Bulk Waste.
[4] Additional Solid Waste Service means the cost associated with an additional Solid Waste Cart for a Residential Service Unit.
[5] Additional Solid Waste Cart Disposal Rate shall be equal to Solid Waste Disposal Rate.
[6] Non -Collection Day Collection Rate shall mean the provision of Solid Waste Collection Services by the Contractor on a day other
than the Residential Service Unit's scheduled Collection day.
[7] Proposer shall provide a choice of the size of Carts for solid waste and recycling (65 & 96-gal) to enable residents to choose the level
of service most appropriate for their situation. The default level of service will be the 96 gallon Carts. Recycle Carts shall be a
standard blue color with the recycle logo imprinted on the container; provided, however, that the Town may, it its sole discretion,
allow for alternative Recycling Cart colors that are clearly marked or colored to easily distinguish them from the Solid Waste Cart and
the Green Waste Cart and so long as the recycle logo is clearly displayed. All Carts must be Contractor grade, wheeled containers.
Each must have a permanently attached lid, and be designed to easily fit through gates and doors.
[8] Proposer shall provide residents with a one-time ability to request a change in Cart size. Any additional changes in Cart size will be
6dit&V1l5At? eNW0liW household hazardous waste and electronics event is
included in solid waste collection rate.
**Bulk waste and collection rate of $50.00/6CY is for residents who request pick-up
more than the 4 quarterly pick-ups included abase rate
ALL RATES ARE SUBJECT TO A 3.5% INCREASE IN THE ANNIVERSARY DATE OF
THE SIGNED AGREEMENT.
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL BULK
WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES (continued)
Form 5.2 - Costs for Residential Solid Waste Services
WITHOUT RECYCLING
Monday through FridayCollection Week
Same Day Collection
Different Day
Service Rate
[1]
Collection [2]
Residential Solid Waste Services
1. Solid Waste Collection Service
$ 19.37[lnit/Month*
$ 19.37Unit/Month *
Rate
2. Solid Waste Cart Rate [1][6]
65 Gallon
$ 0.00/Unit/Month
$ 0.00 /Unit/Month
96 Gallon
$ /Unit/Month
$ /Unit/Month
3. Solid Waste Disposal Rate [2]
$ /Unit/Month
$ /Unit/Month
4. Additional Solid Waste Cart
$ 5.00/Ualt/Month
$ 5.00 /Unit/Month
Collection Service Rate 3
5. Additional Solid Waste Cart Rate
$ 0.00/Unit/Month
$ 0.00/Unit/Month
[1][3]
6. Additional Solid Waste Cart
0.00[6]
0.00 [6]
Disposal Rate [2][3]
7. Non -Collection Day Collection
$ 25.00/[Tnit/Month
$ 25.00/Unit/Month
Rate [5]
8. Non -Collection Day Disposal Rate
0.00[6]
0.00 [6]
[2][5]
1
QuarterlyResidential Bulk Waste Services'
1. Bulk Waste Collection Rate
$50.006 CY **
$ 50.096 CY **
2. Bulk Waste Disposal Rate [2]
$ 0.00/6 CY
$ 0.00/6 CY
Residential dart a l;a#e .: '
` 25,00 %Cart.
$ 25.00 .ICatt , ;« ::.
[1] Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Residential Service Units at the expiration of the Agreement shall rest with the Contractor.
[2] Disposal Rate shall be the sole fee charged for the disposal of Solid Waste and Bulk Waste.
[3] Additional Solid Waste Service means the cost associated with an additional Solid Waste Cart for a Residential Service Unit.
[4] Additional Solid Waste Cart Disposal Rate shall be equal to Solid Waste Disposal Rate.
[5] Non -Collection Day Collection Rate shall mean the provision of Solid Waste Collection Services by the Contractor on a day other
than the Residential Service Unit's scheduled Collection day.
[6] Proposer shall provide a choice of the size of Carts for solid waste (65& 96-gal) to enable residents to choose the level of service most
appropriate for their situation. The default level of service will be the 96 gallon Carts. All Carts must be Proposer grade, wheeled
containers. Each must have a permanently attached lid, and be designed to easily fit through gates and doors.
[7] Proposer shall provide residents with a one-time ability to request a change in Cart size. Any additional changes in Cart size will be
individually charged to the resident, per Cart.
*Quarterly bulk rate and annual household hazardous waste and electronics event is
inlcuded in solid waste collection rate
**Bulk waste collection rate of $50.00/ 6CY is for residents who request pick up more
than the 4 quarterly pick-ups included in base rate
ALL RATES ARE SUBJECT TO A 3.5% INCREASE ON THE ANNIVERSARY
DATE OF THE SIGNED AGREEMENT.
A-23
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 5: COST FORM FOR RESIDENTIAL SOLID WASTE SERVICES, RESIDENTIAL BULK
WASTE SERVICES, RESIDENTIAL RECYCLING SERVICES AND TOWN FACILITY
RECYCLING SERVICES (continued)
Form 5.3 - Residential Recycling Processing and Marketing Rate and Town Facility
Recycling Processing and Marketing Rate
Type of Recyclable Material
Processing/Marketing Fee
Flat per Ton Payment
Revenue Share [41171
1
[21
[3] [71
Please see note below
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [51
_% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [51
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton [6]
$ /Out oin Ton [6]
% to Contractor
[ 1 ] Proposer shall list the type of Recyclable Material.
[2] Processing/Marketing Fee shall be the sole fee charged for the processing and marketing of Recyclable Materials.
[3] Incoming Tons means the tons of recorded at the scale house at the Recycling Facility upon arrival of the Collection vehicle.
[4] Outgoing Tons means the tons of Recyclable Materials sold.
[51 The intent of columns 3 and 4 is to allow the Town to have a baseline by which to compare the cost savings to the Town against
the added benefit to the citizens. The Town intends that none of the revenue from Recycling shall be paid to the Town;
Contractor shall retain all such revenues.
NOTE: Recycling materials collected from Fountain Hills will not be subject to a
processing fee and no rebate will be paid to the town. Republic Rewards will continue to be
available to residents who participate in the recycling program.
A-24
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 6: COST FORM FOR TOWN FACILITY SOLID WASTE SERVICES AND SPECIAL
EVENTS SOLID WASTE SERVICES
Form 6.1 - Costs for Town Facility Solid Waste Services
Collection FrequencZper Week
Rates
ix 2x 3x 4x 5x 6x 7x
Solid Waste Cart Service
96 gallons
Collection Rate [1]
8.43
13.43
18.43
23.43
28.43
33.43
Disposal Rate [1] [2]
-
-
-
-
-
-
-
Cart Rental Rate 1] 3]
Container Service
2 CY
Collection Rate [1]
30.00
45.00
60.00
75.00
90.00
105.00
120.00
-Disposal Rate [1] 2
Container Rental Rate [1] [4
4 CY
Collection Rate [1]
40.00
65.00
90.00
115.00
140.00
165.00
190.00
Disposal Rate [1] [2]
Container Rental Rate [1] [4]
6 CY
Collection Rate [1]
50.00
100.00
150.00
200.00
250.00
300.00
350.00
-Disposal Rate [1] [2]
Container Rental Rate [1] [4]
8 CY
Collection Rate [1]
65.00
130.00
190.00
250.00
310.00
370.00
430.00
Disposal Rate [1] [2]
Container Rental Rate 1 4
[1] Collection Rate, Disposal Rate and Container Rental Rate shall be stated in $/Container/Month.
[2] Disposal Rate shall be the sole fee charged for the disposal of Solid Waste.
[3] Cart Rate means the cost for purchase up to and including the initial delivery of the Carts to Residential Service Units. Contractor
shall be responsible for the costs associated with the maintenance, delivery after the initial delivery and storage of Carts. Ownership
of the Carts in the possession of Town Facilities at the expiration of the Agreement shall rest with the Contractor.
[4] Container Rental Rate shall be the sole fee charged by the Contractor for the purchase, maintenance, delivery and all other costs
associated with the Container.
Form 6.2 - Costs for Town Facility Recycling Services [1]
Collection Frequency
Collection Rate
Processing/Marketing Fee
Container Rental Rate [2]
1 x per week
$25.00/Container/Month
[3]
$ 0 /Container/Month
2 x per week
$50.00/Container/Month
[3]
$ /Container/Month
3 x per week
$ /Container/Month
[3]
$ 0 /Container/Month
4 x per week
Container/Month
[3]
$ n /Container/Month
5 x per week
12 Container/Month
[3]
$ 0 /Container/Month
6 x per week
$ N/A /Container/Month
[3]
$ 0 /Container/Month
7 x per week
$ N/A /Container/Month
[3]
$ 0 /Container/Month
[1] Town Facility Recycling Services shall be provided via Containers asset forth in the Solid Waste Service Agreement.
[2] Container Rental Rate shall be the sole fee charged by the Contractor for the purchase, maintenance, delivery and all other costs
associated with the Container.
[3] Shall be equal to the fee for residential recycling processing and marketing as stated in table 5.2 above.
A-25
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 6: COST FORM FOR TOWN FACILITY SOLID WASTE SERVICES AND SPECIAL
EVENTS SOLID WASTE SERVICES (continued)
Form 6.3 - Costs for Special Events Solid Waste Services and Special Events Recycling Services
Solid Waste
Roll -off Size
Collection Rate
Disposal Rate
Container Rental Rate
10 CY
$ 75.00 /Container/Pull
$ 30.00 /Ton
$ 0 /Container
20 CY
$ 75.00 /Container/Pull
1
$ 0 /Container
30 CY
$ 75,00 /Container/Pull
1
$ 0 /Container
40 CY
$ 75,00 /Container/Pull
[1]
$ n /Container
[1] Disposal Rate shall be equal to Disposal Rate for a 10 CY.
Special Event Recycling Services
Collection Frequencv
Collection Rate
ProcessingfMarketing Fee
1 x per event
$ 25.00'96 Gallon Cart/Event
1
2 x per event
$ 50.0096 Gallon Cart/Event
1
3 x per event
$ 96 Gallon Cart/Event
1
4 x per event
$100.006 Gallon Cart/Event
1]
5 x per event
$125.0096 Gallon Cart/Event
1
6 x per event
A 5. 6 Gallon Cart/Event
1
7 x per event
$1 75.0096 Gallon Cart/Event
1
[ 1 ] Shall be equal to the fee for residential recycling processing and marketing as stated in Form 5 above.
A-26
TOWN OF FOUNTAIN HILLS
SECTION A
PUBLIC WORKS
DEPARTMENT PW2018-002
FORM 7: COST FORM FOR NEIGHBORHOOD RECYCLING DROP-OFF SERVICES
Form 7.1- Costs for Neighborhood Recycling Drop-off Services [1]
Collection Frequency
Collection Rate
Container Rental Rate 121
I x
per week
$ 200.00
/Container/Month
$
/Container/Month
2 x
per week
$ 400,00
/Container/Month
$
/Container/Month
3 x
per week
$ 600.00
/Container/Month
$
0
/Container/Month
4 x
per week
$ 800.00
/Container/Month
$
0
/Container/Month
5 x
per week
$1000.00
/Container/Month
$
0
/Container/Month
6 x
per week
$1200.00
/Container/Month
$
0
/Container/Month
7 x
per week
$1400.00
/Container/Month
$
0
/Container/Month
[1] Neighborhood Recycling Drop-off Services shall be provided via Containers as set forth in the Solid Waste Services
Agreement.
[2] Container Rental Rate shall be the sole fee charged by the Contractor for the purchase, maintenance, delivery and all other
costs associated with the Container.
Form 7.2 - Neighborhood Recycling Drop-off Services Processing and Marketing Rate
Type of Recyclable
Processing/Marketing Fee
Flat per Ton Payment
Revenue Share [4] [7]
Material r 1 1
[2]
[3][7
lease see note bel
/Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
/Out oin Ton [6]
$ /Out oin Ton [6]
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton [6]
$ /Out oin Ton [6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton [6]
$ /Out oin Ton [6]
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
_% to Town and
$ /Out oin Ton [6]
$ /Out oin Ton [6]
_ % to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oing Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton 6
$ /Out oin Ton 6
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
% to Town and
$ /Out oin Ton [6]
$ /Out oing Ton [6]
% to Contractor
$ /Incoming Ton [5]
$ /Incoming Ton [5]
to Town and
$ /Out oin Ton 6
$ /Out ing Ton r6l
_%
I % to Contractor
[ 1 ] Proposer shall list the type of Recyclable Material.
[2] Processing/Marketing Fee shall be the sole fee charged for the processing and marketing of Recyclable Materials.
[3] Incoming Tons means the tons of recorded at the scale house at the Recycling Facility upon arrival of the Collection vehicle.
[4] Outgoing Tons means the tons of Recyclable Materials sold.
[5] The intent of columns 3 and 4 is to allow the Town to have a baseline by which to compare the cost savings to the Town
against the added benefit to the citizens. The Town intends that none of the revenue from Recycling shall be paid to the
Town; Contractor shall retain all such revenues.
NOTE: Recycling materials collected from Fountain Hills will not be subject to a
processing fee and no rebate will be paid to the town.
A-27
SECTION A
DEPARTMENT
TOWN OF FOUNTAIN HILLS
PUBLIC WORKS
PW2018-002
FORM 8: COST FORM FOR RESIDENTIAL GREEN WASTE SERVICES
Monday through Friday Collection Week
Service Rate I Same Day Collection I Different Day Collection
1. Residential Green $15.00/Unit/Month $ 15.00Unit/Month
Waste Collection
Service Rate
2. Residential Green $ 0.00 /Unit/Month $ 0. /Unit/Month
Waste Processing
and Marketing Rate
[1] Same Day Collection means Contractor shall perform both Residential Solid Waste Services and Residential Recycling services on the
same day of the week for each Residential Service Unit.
[2] Different Day Collections means Contractor may perform Residential Solid Waste Services and Residential Recycling Services on
different days of the week for each Residential Service Unit.
A-28
EXHIBIT D
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Map]
Fountain Hills: Residential Trash Route Day
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EXHIBIT E
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Materials Acceptance Protocol]
The following is a list of recyclable materials collected from the Town's residents that will be
processed at Contractor's recycling facility:
Aluminum cans and foil
Steel/tin cans
Glass food and beverage containers (flint, amber, and green)
Newspaper, slick paper inserts
Magazines, paperback books
Residential mixed paper, junk mail inserts
Telephone books and Yellow Pages
Cardboard (corrugated, chipboard)
Plastic bottles and containers (recycling logo #1 through #6)
EXHIBIT F
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Recyclable Materials Affidavit]
See following page(s).
AFFIDAVIT
STATE, 01, ARIIONA )
) SS.
County of Maricopa )
The undersigned, being duly s%vorn. deposes and states as follows:
I am the dul) cicx:ted, yualificd and acting Vicc Pm-sident arxl SccrLtan of
River Recycling. I.I.C. n Uelawarc limited liability compam ("RR");
RR owns an&or operatcs a material recycling facility Imalod at 13602 N,
Beeline lScoltulalc, Arixcma. 85256. knomi as Scottsdale River
Recycling; and
Futib r Afflant sawth naught.
DATE': .July I b. 201 S.
I . Sc ulcr- --
SUBSC'R1BI-1) and SWORN to befory me. the undersigned notar% public. on Jul%
I6. 201 R.
Notary Public
h1y Commission Expires-
EXHIBIT G
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Disposal Services Affidavit]
See following page(s).
AFFIDAVIT
STATE. 01" ARIZONA )
) ss.
County of Maricopa )
The undersigned, being duly morn. dclxrscs and states as follows:
1. I ant the duly cicetcd, qualified and acting Vice Pra sidcnt and Secretary of
Allied Nkaste Transportation, Inc., a Delaware corporation ("AWT" ):
2. AW"I omens and/or operates a tram -der station located at 1855 E. Mer Valley
Road. Phoenix. Ar mrm 85024, kno»n as Cave Creek 7 ransfer Station: and
3. Further Aitiant sayeth naught.
DA'Th : Jaly 10. 2018.
A een B. imIer
SUBSCRIBED and SWORN tit Ixf ire mc. the undersigned notan public. on July
16. 2018.
Now Puhlic -- -
My Commission Expires:.,`\\`f . ,,,., •...� »,-S
EXHIBIT H
TO
SOLID WASTE SERVICES AGREEMENT
BETWEEN
THE TOWN OF FOUNTAIN HILLS
AND
[Guaranty Agreement]
See following page(s).
GUARANTY
THIS GUARANTY is made and entered into as of January 15, 2019 by Republic
Services, Inc., a Delaware corporation ("Guarantor"), in favor of the Town of Fountain Hills, an
Arizona municipal corporation (the "Guaranteed Party").
Recitals
A. Allied Waste Transportation, Inc., a Delaware corporation d/b/a Republic
Serivices of Phoenix ("Subsidiary"), and the Guaranteed Party are parties to that certain Solid
Waste Services Agreement, dated as of January 15, 2019 (the "Agreement").
B. As an inducement to the Guaranteed Party to enter into the Agreement, Guarantor
has agreed to guarantee the performance of Subsidiary's obligations under the Agreement.
In consideration of the foregoing and other good and valuable consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
Agreement
1. Guaranty. Guarantor irrevocably and unconditionally guarantees to the Guaranteed
Party the due and punctual performance of each obligation of Subsidiary contained in the
Agreement in accordance with its terms and conditions. Guarantor agrees that if Subsidiary shall
fail to perform any of its obligations under the Agreement when due in accordance with the terms
of the Agreement, it shall, upon demand made by the Guaranteed Party, immediately perform the
obligation, to the extent that such performance is required to be made or performed by Subsidiary.
Notwithstanding anything to the contrary contained in this Guaranty, this Guaranty pertains only to
those obligations owed by Subsidiary under the Agreement, and shall in no way alter or expand
any obligation owing under the Agreement or diminish any defense available to Subsidiary under
the Agreement. This Guaranty in no way alters the respective obligations, rights, defenses, setoffs,
counterclaims, or privileges of the parties to the Agreement, all of which shall be equally available
to Guarantor as to Subsidiary in the event the Guaranteed Party makes a claim under this Guaranty.
The Guaranteed Party, however, may commence any action or proceeding based upon this
Guaranty directly against Guarantor without making Subsidiary a party defendant in such action or
proceeding and it shall not be necessary for the Guaranteed Party to bring any action or proceeding
first against Subsidiary to recover from the Guarantor.
Guarantor agrees that the obligations of Guarantor pursuant to this Guaranty shall remain in
full force and effect without regard to, and shall not be released, discharged or affected in any way
by any of the following (whether or not Guarantor shall have any knowledge thereof):
(a) any termination, amendment, modification or other change in the
Agreement;
(b) any failure, omission or delay on the part of Subsidiary, Guarantor, any or
any other guarantor of Subsidiary's obligations to conform or comply with any term of the
Agreement;
(c) any waiver, compromise, release, settlement or extension of time of
performance or observance of any of the obligations or agreements contained in the Agreement;
(d) any dissolution of Guarantor or any voluntary or involuntary bankruptcy,
insolvency, reorganization, arrangement, readjustment, assignment for the benefit of creditors,
composition, receivership, liquidation, marshalling of assets and liabilities or similar events or
proceedings with respect to Subsidiary, Guarantor or any other guarantor of Subsidiary's
obligations, as applicable, or any of their respective property or creditors, or any action taken by
any trustee or receiver or by any court in any such proceeding;
(e) any merger or consolidation of Subsidiary, Guarantor or any other guarantor
of Subsidiary's obligations into or with any person, or any sale, lease or transfer of any of the
assets of Subsidiary, Guarantor or any other guarantor of Subsidiary's obligations to any other
person; or
(f) any change in the ownership of the capital stock of Subsidiary, Guarantor or
any other guarantor of Subsidiary's obligations or any change in the relationship between
Subsidiary, Guarantor or any other guarantor of Subsidiary's obligations, or any termination of any
such relationship.
2. Representations and Warranties. Guarantor represents and warrants to the
Guaranteed Party that this Guaranty has been duly executed and delivered by Guarantor and
constitutes the legal, valid and binding obligation of Guarantor, enforceable against Guarantor in
accordance with its terms.
3. Miscellaneous
(a) Governing Law. This Guaranty shall be governed by and construed in
accordance with the laws of the State of Arizona without reference to the choice of law principles
thereof. Any legal action, suit or proceeding arising out of or relating to this Agreement shall be
instituted exclusively in the state or federal courts of the State of Arizona.
(b) No Third Party Benefits. Nothing in this Guaranty is intended, and it shall
not be construed, to confer any rights or benefits upon any person other than the Guaranteed Party
and no other third party shall have any rights or remedies hereunder.
(c) Notices. All notices and other communications to Guarantor under this
Guaranty shall be sufficiently given for all purposes hereunder if in writing and: (i) delivered
personally; or (ii) sent by documented overnight delivery service, in each case, to the following:
Republic Services, Inc.
18500 North Allied Way
Phoenix, AZ 85054
Attn: General Counsel
or to such other address and/or to the attention of such other person as Guarantor may designate by
written notice to the Guaranteed Party.
-2-
(d) Binding Effect, Assigment. This Guaranty shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and assigns; provided, however,
that no party hereto may assign its rights or delegate its obligations under this Guaranty without the
express written consent of the other party hereto.
(e) Headings. The headings contained in this Guaranty are inserted for
convenience only and will not affect the meaning or interpretation of this Guaranty.
(f) Amendment: No Waiver. This Guaranty may not be modified or amended
except by an instrument in writing signed by the party against whom enforcement of any such
modification or amendment is sought. Any party hereto may, only by an instrument in writing,
waive compliance by the other party hereto with any term or provision of this Guaranty. The
waiver by any party hereto of a breach of any term or provision of this Guaranty shall not be
construed as a waiver of any subsequent breach.
IN WITNESS WHEREOF, Guarantor has executed this Guaranty as of the date first
above written.
Republic Services, Inc.
By: -r
� JPC�
Name: lJ,'co !c Cn� a ari,`►zci�o
Its: 3VP 1'nvYblzr RLlc��r�ns
-3-