The file's text, extracted by GovTribe without its formatting.
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REQUEST FOR PROPOSALS (“RFP”)
FOR SOLID WASTE DISPOSAL SERVICES
DESOTO COUNTY, MISSISSIPPI
PROPOSAL FILE NO. 23-344-02
JANUARY 17, 2023
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ADVERTISEMENT
| REQUEST | FOR | PROPOSALS | (“RFP”) | FOR | SOLID | WASTE | DISPOSAL | SERVICES |
| PROPOSAL | FILE | NO. | 23-344-02 | | | | | |
JANUARY 17, 2023
DESOTO COUNTY, MISSISSIPPI
I. ADVERTISEMENT.
| The | Board | of | Supervisors | (the | “Board”) | of | DeSoto | County, | Mississippi | is | soliciting | sealed | | |
| written | proposals | on | behalf | of | DeSoto | County, | Mississippi | (the | “County”) | pursuant | to | MISS. | | |
| CODE | ANN. | § | 31-7-13(m)(xxii) | and | (r) | (Supp. | 2022) | (the | “Act”) | to | provide | services | at | a |
| disposal | facility | (i.e. | MSW | transfer | station | or | MSW | Landfill) | to | provide | for | the | disposal | of |
| Solid | Waste | from | DeSoto | County | as | described | in | the | General | Provisions | and | Specifications | | |
| herein | (the | “Specifications”). | | | | | | | | | | | | |
| Sealed | proposals | will | be | received | by | the | Board | until | 12:00 | Noon | local | time | on | Friday, | |
| February | 24, | 2023 | in | the | DeSoto | County | Office | of | Procurement, | for | the | Services | as | specified | |
| in | the | Request | For | Proposals. | All | information | submitted | in | response | to | this | RFP | will | be | |
| considered | public | information | after | the | award | of | a | contract | or | the | termination | of | the | RFP | |
| process. | A | non-mandatory | pre-proposal | conference | will | be | held | in | the | Board | Room | of | the | | |
| DeSoto | County | Administration | Building | 365 | Losher | Street, | Hernando, | Mississippi | for | | | | | | |
| interested | parties | at | 9:00 | A.M. | local | time | on | Friday, | February | 3, | 2023. | The | deadline | for | asking |
| interpretations, | clarifications | or | questions | shall | be | at | 9:00 | A.M. | local | time | on | Friday, | | | |
| February | 3, | 2023. | Only | questions | which | change | the | scope | of | the | proposal | documents | will | be | |
| considered | for | addendum. | | | | | | | | | | | | | |
| Specifications | are | on | file | in | the | Office | of | Procurement, | DeSoto | County | Administration | |
| Building, | 365 | Losher | Street, | Suite | 340, | Hernando, | Mississippi, | during | normal | business | hours. | |
| Information | concerning | this | proposal | can | also | be | found | on | the | Procurement | Page | |
| @desotocountyms.gov | or | from | EMAIL: | procurement@desotocountyms.gov. | All | proposals | | | | | | |
| must | comply | with | the | specifications | provided. | DeSoto | County | reserves | the | right | to | amend |
| the | specifications, | as | necessary, | and | agrees | to | notify | all | having | requested | proposal | packets |
| from | the | DeSoto | County | Office | of | Procurement | (Telephone | 662-469-8024) | or | the | County’s | |
| RFP | Agent | (Environmental | Business | Services, | LLC., | from | JimMcNaughton@comcast.net.). | | | | | |
| Except | as | otherwise | provided | for | in | the | Contract | Documents, | the | term | of | the | Contract | for | | |
| Acceptable | Waste | Disposal | shall | be | for | ten | (10) | years | beginning | on | October | 1, | 2025 | and | shall | |
| end | on | September | 30, | 2035 | (the | “Initial | Term”); | however, | the | Term | shall | automatically | be | | | |
| extended | and | continue | for | up | to | two | (2) | renewal | terms | of | ten | (10) | years | each | (each | |
| additional | ten | (10) | year | span | a | “Renewal | Term”) | unless | such | Services | are | cancelled | by | the | | |
| County | with | ninety | (90) | days | prior | written | notice | of | the | end | of | the | Initial | or | any | Renewal |
Term.
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| Proposals | shall | be | typewritten | or | printed | in | ink | and | only | on | the | Proposal | Forms | provided. | |
| Proposals | must | be | submitted | in | a | sealed | envelope, | box | or | container. | All | corrections | and | | |
| erasures | shall | be | initialed | by | the | person | signing | the | proposal. | | Each | person | submitting | a | |
| proposal | pursuant | to | this | RFP | shall | be | referred | to | as | a | “Proposer” | or | “Respondent”. | | All |
| Proposers | shall | be | required | to | supply | the | information | required | by | the | “Statement | of | | | |
| Qualifications | Form”. | | A | proposal | may | not | be | modified, | supplemented, | altered, | withdrawn | or | | | |
| canceled | by | the | Proposer | for | a | period | of | one | hundred | eighty | (180) | days | following | the | date |
| and | time | designated | for | receipt | of | proposals. | | | | | | | | | |
| The | County | reserves | the | right | to | reject | any | and | all | proposals, | and | to | waive | informalities | in | | |
| proposals | which | the | Board | determines | do | not | affect | the | competitive | nature | of | the | process, | | | | |
| and | to | select | the | proposal | or | proposals | that, | in | the | opinion | of | the | County | shall | be | the | most |
| qualified | proposal, | on | the | basis | of: | Responsiveness | to | the | RFP | (i.e. | completion | of | the | RFP | | | |
| documents); | Disposal | Price | of | Services | including | Fee | Adjustments; | Costs | of | using | the | | | | | | |
| Disposal | Facility: | including | travel | costs | from | residential | collection | routes | to | the | Disposal | | | | | | |
| Facility; | Accessibility | to | the | Disposal | Facility | including | Turnaround | Tipping | Time, | | | | | | | | |
| traffic/transportation | issues | to | and | from | the | Disposal | Facility; | Estimated | remaining | | | | | | | | |
| life/capacity | of | the | Disposal | Facility | to | fulfill | the | Contract | Initial | and | Renewal | Term(s); | | | | | |
| Experience | of | Proposer | including | personnel | qualifications | and | experience, | past | performance | | | | | | | | |
| with | DeSoto | County | and | quality | of | service | with | DeSoto | County; | Financial | capabilities | and | | | | | |
| Experience | as | outlined | in | the | Statement | of | Qualifications | of | Proposer. | | | | | | | | |
| After | selection | of | the | most | qualified | proposal | or | proposals, | the | County | may | negotiate | with | | |
| one | or | more | of | the | persons | or | firms | submitting | proposals | and | enter | contract | with | one | firm. |
| Such | contract | may | not | necessarily | be | limited | to | the | terms | of | the | proposals | submitted. | If | the |
| County | deems | none | of | the | proposals | to | be | qualified | or | otherwise | acceptable, | the | request | for | |
| proposal | process | may | be | reinitiated, | modified | or | terminated. | | | | | | | | |
| All | information | submitted | in | response | to | this | RFP | will | be | considered | public | information | after |
| the | award | of | a | contract | or | the | termination | of | the | RFP | process. | | |
| No | telephonic, | electronic, | telegraphic | or | facsimile | proposals | will | be | accepted. | | Proposals | | | | |
| received | after | the | date | and | time | listed | for | receipt | will | be | returned | unopened | to | the | Proposer. |
| Proposals | must | be | clearly | identified | as | such | on | the | front | of | the | sealed | envelope | or | box | in |
| which | the | proposal | is | submitted, | and | the | words | “PROPOSAL | FILE | NO. | 23-344-02 | - | Proposals | | | |
| for | Solid | Waste | Disposal | Services, | RFP | Deadline: | 12:00 | Noon | Local | Time | on | Friday, | February | | | |
| 24, | 2023” | should | be | clearly | written | on | the | front | of | the | envelope | or | box | along | with | Proposer’s |
| name | and | address. | Responsibility | for | timely | submittal | lies | solely | with | the | Proposer. | | | | | |
| Proposals | submitted | after | 12:00 | Noon | Local | Time | on | Friday, | February | 24, | 2023 | shall | not | be | | |
| opened | or | considered. | | | | | | | | | | | | | | |
| Before | submitting | any | proposal, | the | Proposer | should | (a) | verify | the | number | of | participating | | |
| Cities, | volumes | (tonnage) | of | Acceptable | Wastes | to | be | disposed | of | (b) | arrive | at | a | clear |
| understanding | of | the | conditions | under | which | the | Services | are | to | be | provided, | and | (c) | |
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| complete | any | other | investigations | and | inquiries | as | deemed | necessary | by | the | Proposer | prior |
| to | submitting | a | proposal. | | | | | | | | | |
| All | Proposers | are | required | to | submit | a | Proposal | Security | made | payable | to | the | County | in | the | | | |
| amount | of | $100,000.00 | with | the | Proposal. | | Such | Proposal | Security | may | be | in | the | form | of | a | | |
| certified | or | cashier’s | check | drawn | on | a | national | or | Mississippi | bank | with | a | branch | office | | | | |
| located | in | DeSoto | County | or | in | the | form | of | a | bid | bond | by | a | corporate | surety | licensed | to | do |
| business | in | Mississippi | and | acceptable | to | the | County. | | Such | Proposal | Security | shall | remain | | | | | |
| valid | for | a | minimum | of | one | hundred | eighty | (180) | days | from | the | RFP | Deadline. | | Such | Proposal | | |
| Security | shall | be | forfeited | if | the | Proposer | fails | to | comply | with | any | of | the | Proposal | Security | | | |
| requirements | as | follows: | | | | | | | | | | | | | | | | |
| 1. Required | to | enter | into | a | contract | awarded | to | it | by | the | County | under | this | RFP. |
| 2. Required | to | deliver | a | performance | bond | as | required | by | the | RFP. | | | | |
| 3. Required | to | refrain | from | any | discussions, | meetings | or | other | communications, | | | | | |
| written | or | oral | (except | for | official | contract | negotiations | and | publicly | called | |
| County | Board | Meetings), | with | any | County | official | during | the | time | period | after |
| the | RFP | Deadline | date | until | the | contract | award | date. | | | |
| 4. The | requirement | that | the | submitted | Proposal | was | independently | arrived | at, |
| without | collusion, | under | penalty | of | perjury. | | | | |
| 5. The | requirement | that | no | amount | shall | be | paid | directly | or | indirectly | to | an |
| employee | or | official | of | the | County | as | wages, | compensation, | or | gifts | in | exchange |
| for | acting | as | an | officer, | agent, | employee, | subcontractor, | or | consultant | to | the | |
| Proposer | in | connection | with | the | procurement | under | this | RFP. | | | | |
| A | Certificate | of | Insurance | evidencing | the | coverages | set | forth | in | the | General | Provisions | and |
| Specifications | must | also | accompany | each | Proposal. | | | | | | | | |
| Each | respondent | should | submit | one | original | and | three | (3) | copies | of | its | proposal | along | with | | | |
| a | digital | copy | of | the | original | proposal | documents | saved | on | a | USB | drive. | | The | drive | must | be |
| clearly | labeled | with | the | proposer’s | name. | | The | original | must | be | clearly | marked | and | must | | | |
| contain | the | original | signatures | on | all | Proposal | Forms. | | All | Proposal | Forms | must | be | submitted | | | |
| in | a | sealed | envelope | or | box, | addressed | in | conformance | with | the | requirements | previously | | | | | |
| described | herein | and | submitted | to: | | | | | | | | | | | | | |
| DeSoto | County | Board | of | Supervisors |
| Attn: | Office | of | Procurement | |
| 365 | Losher | Street, | Suite | 340 |
Hernando, MS 38632
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WITNESS MY SIGNATURE THIS, the _______ day of _____________________ 2023.
| SEAL | Misty | Heffner, | Chancery | Clerk | |
| DeSoto | County | Board | of | Supervisors |
SUBMITTED DESOTO TIMES
| FOR | PUBLICATION | ON: | [Thursday, | January | 26, | 2023] |
| | | [Thursday, | February | 2, | 2023] |
| PROOF | OF | PUBLICATION | TO: | County | Administrator’s | Office |
| DeSoto | County | Administration | Building | | | |
| 365 | Losher | Street, | Suite | 300 | | |
| Hernando, | MS | | 38632 |
| Phone: | 662-469-8180 | |
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| REQUEST | FOR | PROPOSALS | (“RFP”) | FOR | SOLID | WASTE | DISPOSAL | SERVICES |
| PROPOSAL | FILE | NO. | 23-344-02 | | | | | |
| JANUARY | 17, | 2023 |
| DESOTO | COUNTY, | MISSISSIPPI |
GENERAL PROVISIONS AND SPECIFICATIONS
II. GENERAL INFORMATION AND INSTRUCTIONS TO PROPOSERS:
| The | Board | of | Supervisors | (“the | Board”) | of | DeSoto | County, | Mississippi | is | soliciting | sealed |
| written | proposals | on | behalf | of | DeSoto | County, | Mississippi | (the | “County”) | pursuant | to | MISS. |
| CODE | ANN. | § 31-7-13(m)(xxii) | and | (r) | (Supp. | 2022) | (the | “Act”) | to | provide | disposal | of |
| Acceptable | Waste | from | DeSoto | County | as | described | in | the | General | Provisions | and | |
| Specifications | herein | (the | “Specifications”). | | | | | | | | | |
| Sealed | proposals | will | be | received | by | the | Board | until | 12:00 | Noon | local | time | on | Friday, | |
| February | 24, | 2023 | in | the | DeSoto | County | Office | of | Procurement, | for | the | Services | as | specified | |
| in | the | Request | For | Proposals. | All | information | submitted | in | response | to | this | RFP | will | be | |
| considered | public | information | after | the | award | of | a | contract | or | the | termination | of | the | RFP | |
| process. | A | non-mandatory | pre-proposal | conference | will | be | held | in | the | Board | Room | of | the | | |
| DeSoto | County | Administration | Building | 365 | Losher | Street, | Hernando, | Mississippi | for | | | | | | |
| interested | parties | at | 9:00 | A.M. | local | time | on | Friday, | February | 3, | 2023. | The | deadline | for | asking |
| interpretations, | clarifications | or | questions | shall | be | at | 9:00 | A.M. | local | time | on | Friday, | | | |
| February | 3, | 2023. | Only | questions | which | change | the | scope | of | the | proposal | documents | will | be | |
| considered | for | addendum. | | | | | | | | | | | | | |
| Specifications | are | on | file | in | the | Office | of | Procurement, | DeSoto | County | Administration | |
| Building, | 365 | Losher | Street, | Suite | 340, | Hernando, | Mississippi, | during | normal | business | hours. | |
| Information | concerning | this | proposal | can | also | be | found | on | the | Procurement | Page | |
| @desotocountyms.gov | or | from | EMAIL: | procurement@desotocountyms.gov. | All | proposals | | | | | | |
| must | comply | with | the | specifications | provided. | DeSoto | County | reserves | the | right | to | amend |
| the | specifications, | as | necessary, | and | agrees | to | notify | all | having | requested | proposal | packets |
| from | the | DeSoto | County | Office | of | Procurement | (Telephone | 662-469-8024) | or | the | County’s | |
| RFP | Agent | (Environmental | Business | Services, | LLC., | from | JimMcNaughton@comcast.net.). | | | | | |
| 1. | Preparation | of | Proposals. | | Proposals | shall | be | typewritten | or | printed | in | ink | and | | | |
| only | on | the | forms | provided. | Proposals | must | be | submitted | in | a | sealed | envelope | or | box. | | The |
| person | signing | the | proposal | shall | initial | all | corrections | or | erasures. | | Each | person | submitting | | | |
| a | proposal | pursuant | to | this | RFP | shall | be | referred | to | as | a | “Proposer” | or | “Respondent”. | | A |
| proposal | may | not | be | modified, | withdrawn | or | canceled | by | the | Proposer | for | a | period | of | one | |
| hundred | eighty | (180) | days | following | the | date | and | time | designated | for | receipt | of | proposals. | | | |
| Respondents | shall | submit | one | (1) | original | and | three | (3) | copies | of | their | proposal | along | with | | |
| a | digital | copy | of | the | original | proposal | documents | saved | on | a | USB | drive. | The | USB | drive | must |
| be | clearly | labeled | with | the | proposer’s | name. | | The | original | must | be | clearly | marked | and | must | |
| contain | the | original | signatures | on | all | proposal | forms. | | All | proposal | forms | must | be | submitted | | |
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| in | a | sealed | envelope | or | box, | addressed | in | conformance | with | the | requirements | of | Item | 5 | of |
| these | Instructions, | to: | | | | | | | | | | | | | |
| DeSoto | County | Board | of | Supervisors | | | |
| | | Attn: | Office | of | Procurement | |
| | | 365 | Losher | Street, | Suite | 340 |
| | | Hernando, | MS | | 38632 | |
| Proposals | and | all | three | (3) | copies | shall | be | submitted | in | a | bound | fashion | (i.e. | three | ring | binder |
| etc.) | and | shall | be | organized | with | a | table | of | contents | and | twelve | (12) | tabs | numbered, | | |
| containing | information | outlined | as | follows: | 1. | Cover | Letter, | 2. | Proposal | Security, | 3. | | | | | |
| Advertisement | for | Proposals, | Instructions | to | Proposers, | and | General | Provisions | and | | | | | | | |
| Specifications, | 4. | Addenda, | 5. | Disposal | Facility | Schedule | and | attachments, | 6. | Statement | of | | | | | |
| Qualifications, | 7. | Performance | Bond | Surety | Statement | (Consent | of | Surety), | 8. | Certificate | of | | | | | |
| Good | Standing | from | the | Mississippi | Secretary | of | State, | 9. | Certificate | of | Insurance, | 10. | | | | |
| Corporate | Certificate, | 11. | Sample | Contract | and | 12. | Proposal | Forms. | If | a | Proposer | is | missing | | | |
| any | of | the | preceding | information | the | appropriate | tab | should | have | one | page | behind | it | that | | |
| states | “None”. | | | | | | | | | | | | | | | |
| The | goal | of | this | RFP | is | to | award | a | contract(s) | that | will | provide | the | best | and | most |
| comprehensive | services | to | the | County | and | result | in | the | greatest | benefit | to | the | County. | To | | |
| meet | this | goal | the | County | may | consider | alternate | services | proposed | by | the | Proposers | | | | |
| provided | all | other | requirements | (i.e. | Proposal | Security, | Statement | of | Qualifications, | etc.) | of | | | | | |
| the | RFP | are | met. | If | the | Proposer | desires | to | propose | alternate | services | or | takes | other | | |
| exceptions | to | the | RFP | documents, | then | such | alternate | services | and | exceptions | shall | be | listed | | | |
| on | the | “Proposal | Form” | under | the | “Exceptions” | section. | If | more | space | is | required | it | shall | be | |
| noted | on | the | “Exceptions” | section | that | additional | pages | are | attached. | Such | additional | pages | | | | |
| shall | be | numbered | (e.g. | “Additional | Exceptions | page | 1 | of | 2”) | and | titled | “Additional | | | | |
| Exceptions” | and | be | bound | and | placed | immediately | behind | the | Exceptions | section. | The | | | | | |
| County | will | dutifully | consider | all | proposals | and | alternates | from | qualified | proposers | that | are | | | | |
| consistent | with | the | County’s | goals. | | | | | | | | | | | | |
| 2. | | Disposal | Facility | Schedule. | | The | Proposer | shall | prepare | and | submit | with | its | | |
| proposal | a | Disposal | Facility | Schedule | (i.e. | Schedule | 3). | | The | Schedule | shall | describe | and | | |
| provide | information | about | the | Disposal | Facility | to | be | utilized | by | the | Proposer | to | fulfill | the | |
| responsibilities | related | to | the | proposed | Services. | A | Disposal | Facility | may | be | an | MSW | Landfill | | |
| or | Transfer | Station | permitted | to | accept | MSW. | The | Schedule | will | be | part | of | the | final | evaluation |
| of | proposals | and | shall | be | strictly | adhered | to | by | the | Proposer | if | its | proposal | is | accepted. |
| 3. | | Acceptance | and | Rejection | of | Proposals; | Award | of | Contract. | | The | County | | | |
| reserves | the | right | to | reject | any | and | all | proposals, | and | to | waive | informalities | in | proposals | |
| which | the | Board | determines | do | not | affect | the | competitive | nature | of | the | process, | and | to | select |
| the | proposal | or | proposals | that, | in | the | opinion | of | the | County | shall | be | the | most | qualified |
| proposal, | on | the | basis | of: | Responsiveness | to | the | RFP | (i.e. | completion | of | the | RFP | documents); | |
| Disposal | Price | of | Services | including | Fee | Adjustments; | Costs | of | using | the | of | the | Disposal | | |
| Facility | including | travel | costs | from | residential | collection | routes | to | the | Disposal | Facility; | | | | |
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| Accessibility | to | the | Disposal | Facility | including | Turnaround | Tipping | Time, | | | | |
| traffic/transportation | issues | to | and | from | the | Disposal | Facility; | Estimated | remaining | | | |
| life/capacity | of | the | Disposal | Facility | to | fulfill | the | Contract | Initial | and | Renewal | Term(s); |
| Experience | of | Proposer | including | personnel | qualifications | and | experience, | past | performance | | | |
| with | DeSoto | County | and | quality | of | service | with | DeSoto | County; | Financial | capabilities | and |
| Experience | as | outlined | in | the | Statement | of | Qualifications | of | Proposer. | | | |
| No | work | shall | commence, | nor | shall | any | payments | be | made, | until | the | successful | Proposer | has | |
| entered | into | a | contract | in | writing | with | the | County | for | the | provision | of | Services, | and | the |
| Contractor | has | provided | adequate | proof | of | bonding | and | insurance | in | the | amounts | specified | | | |
| in | this | RFP | in | forms | acceptable | to | the | County. | | | | | | | |
| No | telephonic, | electronic, | telegraphic | or | facsimile | proposals | will | be | accepted. | | Proposals | | | | |
| received | after | the | date | and | time | listed | for | receipt | will | be | returned | unopened | to | the | Proposer. |
| All | information | submitted | in | response | to | this | Request | for | Proposals | will | be | considered | public |
| information | after | award | of | the | contract. | | | | | | | | |
| 4. | Marking | of | Proposals. | Proposals | must | be | clearly | identified | as | such | on | the | front | of | the |
| sealed | envelope | or | box | in | which | the | proposal | is | submitted, | and | the | words | “PROPOSAL | FILE | |
| NO. | 23-344-02 | - | Proposals | for | Solid | Waste | Disposal | Services, | RFP | Deadline: | 12:00 | Noon | | | |
| Local | Time | on | Friday, | February | 24, | 2023” | should | be | clearly | written | on | the | front | of | the |
| envelope | or | box | along | with | Proposer’s | name | and | address. | Responsibility | for | timely | submittal | | | |
| lies | solely | with | the | Proposer. | | Proposals | submitted | after | 12:00 | Noon | Local | Time | on | Friday, | |
| February | 24, | 2023 | shall | not | be | opened | or | considered. | | | | | | | |
5. Equal Opportunity and Nondiscrimination. It is a policy of DeSoto County to
| provide | equal | opportunity | for | public | contracting | to | all | qualified | firms. | Minority | businesses | | | |
| will | be | afforded | full | opportunity | to | submit | proposals | in | response | to | this | request, | and | the |
| County | will | not | discriminate | against | minorities | or | minority | businesses. | The | Contractor | shall | | | |
| not | discriminate | against | any | person | because | of | race, | age, | sex, | creed, | color, | religion, | or | |
| national | origin. | | | | | | | | | | | | | |
| 6. | Interpretation | of | Contract | Documents. | Should | any | Proposer | find | any | | | | | | |
| discrepancies | or | omissions | from | the | Specifications | or | in | any | other | RFP | documents, | or | should | | | |
| the | Proposer | be | in | doubt | as | to | their | meaning, | the | Proposer | should | notify | and | obtain | an | |
| interpretation | or | clarification | from | the | County’s | RFP | Agent, | Environmental | Business | | | | | | | |
| Services, | LLC | (“EBS”). | Every | request | for | an | interpretation | and/or | clarification, | whether | | | | | | |
| relating | to | Specifications | or | requirements, | must | be | made | in | writing | and | addressed | to | the | | | |
| County’s | RFP | Agent. | Written | inquiries | may | be | submitted | by | United | States | Mail, | overnight | | | | |
| delivery | service | or | email. | The | deadline | for | asking | interpretations, | clarifications | or | questions | | | | | |
| shall | be | on | Friday, | February | 3, | 2023 | at | 9:00 | A.M. | local | time. | Any | interpretation | or | | |
| clarification | given | in | accordance | with | such | request | and | pursuant | to | this | provision | shall | be | | | |
| made | only | by | the | County | in | consultation | with | the | RFP | Agent, | and | shall | be | in | writing, | with |
| copies | forwarded | to | all | parties | requesting | RFP | specifications. | No | oral | interpretation, | | | | | | |
| instruction | or | information | given | by | any | employee | or | agent | of | the | County | or | the | RFP | Agent | |
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| shall | be | binding | and | may | not | be | relied | upon | by | any | Proposer. | | The | County | reserves | the | right |
| to | officially | modify, | amend, | supplement, | alter | or | cancel | this | RFP | at | any | time | after | issuance. | | | |
| Such | modifications | shall | be | made | only | by | written | addendum | furnished | by | the | County’s | RFP | | | | |
| Agent, | an | acknowledgment | of | which | must | be | submitted | with | the | Respondent’s | proposal. | | The | | | | |
| County’s | RFP | Agent | may | be | contacted | as | follows: | | | | | | | | | | |
| Environmental | Business | Services, | LLC |
| 5016 | West | Concord | Road |
| Brentwood, | TN | 37027 | |
| Email: | | JimMcNaughton@comcast.net | |
7. Local Conditions Affecting Work. Before submitting any proposal, the
| Proposer | should | (a) | inspect | the | area | of | the | proposed | work | within | the | areas | of | the | County, | |
| and | (b) | arrive | at | a | clear | understanding | of | the | conditions | under | which | the | Services | are | to | be |
| provided. | Each | Proposer | should | become | familiar | with | the | factors | that | affect | Acceptable | | | | | |
| Waste | generation | including | type | of | housing, | population | density, | collection | procedures | | | | | | | |
| required, | labor, | and | all | other | conditions | and | factors, | local | and | otherwise, | that | would | affect | | | |
| performance | of | the | work | proposed | at | the | prices | proposed. | | Such | considerations | should | | | | |
| include | the | arrangement | and | condition | of | existing | structures | and | facilities, | the | availability | | | | | |
| and | cost | of | labor, | and | facilities | for | transporting, | handling | and | storing | of | materials | and | | | |
| equipment. | | Normal | development, | redevelopment, | satellite | areas | and | potential | annexations | | | | | | | |
| by | the | Cities | and | extension | of | Services | to | Cities | must | also | be | considered. | | All | such | factors |
| must | be | properly | investigated | and | considered | in | the | preparation | of | a | proposal. | No | | | | |
| subsequent | financial | adjustment | will | be | allowed | for | lack | of | such | prior | information. | | | | | |
| The | estimated | amount | of | County | Acceptable | Waste | for | a | 12-month | period | is | outlined | in | | | | |
| Appendix | 1. | | This | information | is | furnished | for | the | convenience | of | the | Proposers | and | is | | | |
| considered | as | approximate | only. | | The | County | makes | no | representation, | warranty | or | | | | | | |
| guarantee | of | these | estimates | and | these | estimates | are | furnished | without | any | liability | on | the | | | | |
| part | of | the | County | or | its | agents. | | Any | alterations | in | these | estimates | shall | in | no | way | invalidate |
| any | proposal | or | the | prices | therein. | | | | | | | | | | | | |
| 8. | Time | of | Completion. | Except | as | otherwise | provided | for | in | the | Contract | | | | |
| Documents, | the | term | of | the | Contract | for | Acceptable | Waste | Disposal | shall | be | for | ten | (10) | years |
| beginning | on | October | 1, | 2025 | and | shall | end | on | September | 30, | 2035 | (the | “Initial | Term”); | |
| however, | the | Term | shall | automatically | be | extended | and | continue | for | up | to | two | (2) | renewal | |
| terms | of | ten | (10) | years | each | (each | additional | ten | (10) | year | span | a | “Renewal | Term”) | unless |
| such | Services | are | cancelled | by | the | County | with | ninety | (90) | days | prior | written | notice | of | the |
| end | of | the | Initial | or | any | Renewal | Term. | | | | | | | | |
9. Proposal Security; Performance Bond. All Proposers are required to submit a
| Proposal | Security | made | payable | to | the | County | in | the | amount | of | $100,000.00 | with | the | | | | |
| proposal. | | Such | Proposal | Security | may | be | in | the | form | of | a | certified | or | cashier’s | check | drawn | |
| on | a | national | or | Mississippi | Bank | with | a | branch | office | located | in | DeSoto | County | or | in | the | form |
| of | a | bid | bond | by | a | corporate | surety | licensed | to | do | business | in | Mississippi | and | acceptable | to | |
| the | County. | | Such | Proposal | Security | shall | remain | valid | for | a | minimum | of | one | hundred | eighty | | |
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| (180) | days | from | the | RFP | Deadline. | | Such | Proposal | Security | shall | be | forfeited | if | the | Proposer |
| fails | to | comply | with | any | of | the | Proposal | Security | requirements | as | follows: | | | | |
| 1. Required | to | enter | into | a | contract | awarded | to | it | by | the | County | under | this | RFP. |
| 2. Required | to | deliver | a | performance | bond | as | required | by | the | RFP. | | | | |
| 3. Required | to | refrain | from | any | discussions, | meetings | or | other | communications, | | | | | |
| written | or | oral | (except | for | official | contract | negotiations | and | publicly | called | |
| County | Board | Meetings), | with | any | County | official | during | the | time | period | after |
| the | RFP | Deadline | date | until | the | contract | award | date. | | | |
| 4. The | requirement | that | the | submitted | Proposal | was | independently | arrived | at, |
| without | collusion, | under | penalty | of | perjury. | | | | |
| 5. The | requirement | that | no | amount | shall | be | paid | directly | or | indirectly | to | an |
| employee | or | official | of | the | County | as | wages, | compensation, | or | gifts | in | exchange |
| for | acting | as | an | officer, | agent, | employee, | subcontractor, | or | consultant | to | the | |
| Proposer | in | connection | with | the | procurement | under | this | RFP. | | | | |
| The | successful | Proposer | shall | furnish | within | ten | (10) | days | after | notice | of | award | a | fully | |
| executed | contract | in | the | form | attached | hereto | and | a | Performance | Bond | in | the | estimated | | |
| annual | amount | of | the | Contract. | The | performance | bond | shall | meet | the | requirements | set | forth | | |
| in | the | General | Provisions | and | Specifications | and | will | serve | as | security | for | the | faithful | | |
| performance | of | the | contract. | The | surety | for | the | Proposal | Security | and | the | performance | bond | | |
| must | be | obtained | through | a | reputable | surety | company | satisfactory | to | the | County | and | must | | |
| be | authorized | to | do | business | in | the | State | of | Mississippi | countersigned | by | local | agent. | | Consent |
| of | Surety | from | the | bonding | company | shall | be | submitted | with | the | proposal. | | | | |
| 10. | Initial | Contract | Fee. | On | the | Delivery | Date | the | Contractor | shall | be | required | to | | | | |
| pay | to | the | County | the | Initial | Contract | Fee | as | a | part | of | the | Contract. | The | Initial | Contract | Fee |
| for | the | Solid | Waste | Disposal | Services | awarded | pursuant | to | this | RFP | is | $25,000.00. | | | | | |
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| REQUEST | FOR | PROPOSALS | (“RFP”) | FOR | SOLID | WASTE | DISPOSAL | SERVICES |
| PROPOSAL | FILE | NO. | 23-344-02 | | | | | |
JANUARY 17, 2023
III. DEFINITIONS.
| For | convenience | of | reference, | the | following | shall | constitute | a | glossary | of | terms | which, | when | | |
| utilized | in | the | Contract | Documents, | shall | have | the | meaning | set | forth | in | this | section | as | follows: |
| “Acceptable | Waste” | means | Residential | Waste | and | County | Commercial | Waste | as | defined |
| herein | but | specifically | excludes | any | Unacceptable | Waste | as | defined | herein. | |
| “Act” | means | MISS. | | CODE | ANN. | § | 31-7-13(m)(xxii) | and | (r) | (Supp. | 2022), | which | (r) | States | in | |
| part, | “Before | entering | into | any | contract | for | garbage | collection | or | disposal, | contract | for | solid | | | |
| waste | collection | or | disposal | or | contract | for | sewage | collection | or | disposal, | which | involves | an | | | |
| expenditure | of | more | than | Seventy-Five | Thousand | Dollars | ($75,000.00), | a | governing | | | | | | | |
| authority | or | agency | shall | issue | publicly | a | request | for | proposals | concerning | the | specifications | | | | |
| for | such | services | which | shall | be | advertised | for | in | the | same | manner | as | provided | in | this | section |
| for | seeking | bids | for | purchases | which | involve | an | expenditure | of | more | than | the | amount | | | |
| provided | in | paragraph | (c) | of | this | section. | Any | request | for | proposals | when | issued | shall | | | |
| contain | terms | and | conditions | relating | to | price, | financial | responsibility, | technology, | legal | | | | | | |
| responsibilities | and | other | relevant | factors | as | are | determined | by | the | governing | authority | or | | | | |
| agency | to | be | appropriate | for | inclusion; | all | factors | determined | relevant | by | the | governing | | | | |
| authority | or | agency | or | required | by | this | paragraph | (r) | shall | be | duly | included | in | the | | |
| advertisement | to | elicit | proposals. | After | responses | to | the | request | for | proposals | have | been | | | | |
| duly | received, | the | governing | authority | or | agency | shall | select | the | most | qualified | proposal | or | | | |
| proposals | on | the | basis | of | price, | technology | and | other | relevant | factors | and | from | such | | | |
| proposals, | but | not | limited | to | the | terms | thereof, | negotiate | and | enter | into | contracts | with | one | | |
| or | more | of | the | persons | or | firms | submitting | proposals. | If | the | governing | authority | or | agency | | |
| deems | none | of | the | proposals | to | be | qualified | or | otherwise | acceptable, | the | request | for | | | |
| proposals | process | may | be | reinitiated.” | | | | | | | | | | | | |
“ANSI” means the American National Standards Institute.
“Agent” or “RFP Agent” means Environmental Business Services, LLC and its members.
| “Applicable | Law” | means | with | respect | to | the | performance | by | a | party | of | its | obligations | | | | |
| hereunder, | and | any | statute, | law, | constitution, | charter, | ordinance, | resolution, | judgment, | | | | | | | | |
| order, | decree, | rule, | regulation, | funding, | permit, | directive, | interpretation, | standard | or | | | | | | | | |
| similarly | binding | authority, | which | in | any | case, | shall | be | enacted, | adopted, | promulgated, | | | | | | |
| issued | or | enforced | by | a | governmental | body, | regulatory | agency | and/or | court | of | competent | | | | | |
| jurisdiction | that | relates | to | or | affects | the | County, | Cities, | the | Contractor | and/or | the | Disposal | | | | |
| Facility | (or | any | portion | thereof), | or | the | performance | by | a | party | of | its | obligations | hereunder. | | | |
| Applicable | Law | includes | the | laws | of | the | State | of | Mississippi; | Title | VI | & | VII | of | the | Civil | Rights |
| Act | of | 1964; | the | Equal | Employment | Opportunity | Act | and | the | regulations | issued | thereunder | | | | | |
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| by | the | federal | government; | and, | the | American | with | Disabilities | Act | of | 1990 | and | the |
| regulations | issued | thereunder | by | the | federal | government. | | | | | | | |
| “Bag” | means | plastic | or | paper | sacks | designed | to | store | solid | waste | with | sufficient | wall | strength |
| to | maintain | physical | integrity | when | lifted | by | the | top, | with | the | total | weight | (including | |
| contents) | not | to | exceed | the | lesser | of | the | manufacturers’ | specifications | or | sixty | (60) | pounds. | |
"Board" means the Board of Supervisors of DeSoto County, Mississippi.
| “Bulky | Waste” | means | furniture, | water | tanks, | stoves, | washing | machines, | clothes | dryers, | | | | | | | | |
| refrigerators | and | air | conditioning | units, | and | other | white | goods | and | household | appliances. | | | | | | | |
| All | Bulky | Waste | must | have | a | gross | weight | per | item | of | 60 | pounds | or | less. | It | shall | be | the |
| responsibility | of | owner | of | Residential | and | Commercial | Units | to | require | that | all | air | conditioning | | | | | |
| units | and | other | appropriate | appliances | are | de-energized | of | chlorofluorocarbons | (CFCs) | and | | | | | | | | |
| properly | tagged | certifying | that | such | items | are | de-energized | of | CFCs | prior | to | being | placed | for | | | | |
| collection. | Bulky | Waste | that | is | not | properly | de-energized | and | tagged | shall | be | considered | | | | | | |
| Unacceptable | Waste. | | | | | | | | | | | | | | | | | |
| "Change | in | Law" | means | the | enactment, | adoption, | promulgation, | modification | or | repeal | | | | | |
| subsequent | to | the | date | of | rule, | regulation | or | similar | legislation | (excluding | any | host | | | |
| community | benefits | adopted | by | any | municipality) | or | any | change | in | interpretation | or | | | | |
| enforcement | thereof | by | any | federal, | State | or | other | governmental | body | other | than | the | parties | | |
| to | the | Contract | which | materially | alters | the | ability | of | the | parties | to | adhere | to | the | obligation |
| of | the | Contract. | Notwithstanding | the | above | to | the | contrary, | if | the | enactment, | adoption, | | | |
| promulgation | or | modification | of | any | such | environmental | legislation | was | officially | proposed | | | | | |
| as | of | January | 17, | 2023, | such | environmental | legislation | shall | not | constitute | a | "Change | in | Law," | |
| or | if | any | such | environmental | regulations, | code | or | rule | has | been | published | for | comment | as | of |
| January | 17, | 2023, | such | environmental | regulation, | code | or | rule | shall | not | constitute | a | "Change | | |
| in | Law." | | | | | | | | | | | | | | |
| “City” | and | “Cities” | means | the | cities | of | Southaven, | Horn | Lake, | Olive | Branch, | Hernando | and |
| the | Town | of | Walls, | Mississippi. | | | | | | | | | |
| “Closure | Date” | means | the | beginning | date | that | the | Disposal | Facility | and/or | Disposal | Site | will |
| no | longer | be | active | and | can | no | longer | accept | MSW. | | | | |
| “Collection” | means | (a) | the | process | of | picking | up | solid | waste | and | recyclable | materials | from | |
| a | customer | that | generates | such | waste | and | materials | and | (b) | the | process | of | transporting | and |
| delivering | the | solid | waste | and | recyclable | materials | to | a | solid | waste | management | facility | | |
| “Collection | Service” | means | one | or | more | of | the | services | provided | by | a | contractor | for | the |
| collection | of | solid | waste | and | recyclable | materials | pursuant | to | a | contract | with | the | County | |
| and/or | Cities. | | | | | | | | | | | | | |
| “Commencement | Date” | means | the | date | the | Contractor | begins | performing | Services |
| pursuant | to | the | Contract | Documents. | | | | | |
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| “Commercial | Unit” | means | any | commercial, | governmental, | industrial | or | institutional | | | | |
| establishment | and | all | other | buildings | or | premises | other | than | Residential | Units | located | within |
| the | County. | A | multi-family | residential | complex | (townhouses, | condominiums, | or | apartments) | | | |
| with | more | than | four | (4) | units | is | a | Commercial | Unit. | | | |
| “Commercial | Waste” | means | any | and | all | Solid | Waste | generated | by | a | Commercial | Unit | and |
| specifically | excludes | Unacceptable | Waste | as | defined | herein. | | | | | | | |
| “Construction | Debris” | means | waste | building | materials | resulting | from | construction, | | | |
| remodeling, | repair | or | demolition | operations | performed | by | the | homeowner | and | not | a |
| contractor | at | a | Residential | Unit. | | | | | | | |
| “Contract | Year” | means | a | successive | twelve-month | period | commencing | for | the | first | year | on | | | | | |
| the | Commencement | Date | and | thereafter | annually | on | the | anniversary | of | the | Commencement | | | | | | |
| Date, | except | that | the | final | Contract | Year | shall | be | for | a | period | that | ends | on | the | expiration | date |
| or | other | termination | date | of | this | Contract. | | | | | | | | | | | |
| “Contract | Documents” | means | and | includes | the | Advertisement | of | the | Request | for | Proposals, | | | |
| Instructions | to | Proposers, | General | Provisions | and | Specifications, | the | executed | Contract | form | | | | |
| with | all | required | attachments, | Contractor’s | Proposal | Form | and | information | submitted | | | | | |
| therewith, | any | addenda | or | changes | to | the | foregoing | documents | agreed | to | in | writing | by | the |
| County | and | the | Contractor, | the | resolution | of | the | County | authorizing | the | Services, | the | | |
| performance | bond | and | the | insurance | certificate. | | | | | | | | | |
| “Contractor” | means | the | person | who | agrees | pursuant | to | the | terms | and | conditions | of | a | |
| contract | between | such | Person | and | the | County | to | perform | the | Services | on | behalf | of | the |
| County | required | by | this | Request | for | Proposals. | | | | | | | | |
“County” means the DeSoto County, Mississippi.
| “County | Facility | or | Facilities” | means | any | governmental | or | institutional | establishment | of | | | | |
| the | County | and | all | other | buildings | or | premises | owned, | leased | or | otherwise | controlled | by | the |
| Board | or | County. | | | | | | | | | | | | |
| “County | Commercial | Waste” | means | Commercial | Waste | generated | by | County | Facilities |
| participating | in | the | Contract. | | | | | | |
| “CPI” | means | the | Consumer | Price | Index | for | Urban | Consumers | (CPI-U) | “Garbage | and | trash |
| collection” | index | (published | by | the | Bureau | of | Labor | Statistics, | U.S. | Department | of | Labor). |
| “Dead | Animals” | means | animals | or | portions | thereof | equal | to | or | greater | than | 10 | pounds | in |
| weight | that | have | expired | from | any | cause, | except | those | slaughtered | or | killed | for | human | |
| consumption. | Dead | Animals | greater | than | 10 | pounds | are | not | considered | as | Residential | Waste | | |
| under | this | RFP | and | are | not | required | to | be | disposed | of | by | the | Contractor. | |
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“Delivery Date” means the date the parties execute the Contract Documents.
| “Disaster | Debris” | means | any | solid | waste | resulting | from | a | flood, | ice | storm, | wind | storm, | | | | |
| tornado, | or | other | act | of | God. | In | the | event | that | any | disaster | debris | collection | is | required | as | a |
| result | of | a | flood, | ice | storm, | windstorm, | tornado, | or | other | act | of | God | the | County | may | contract | |
| separately | for | the | disposal | of | such | Disaster | Debris. | | | | | | | | | | |
| “Disposal | Price” | means | the | amount | payable | to | the | Contractor | for | or | with | respect | to | the |
| provision | of | Disposal | Services. | | | | | | | | | | | |
| “Disposal | Facility” | means | the | Municipal | Solid | Waste | Landfill | and/or | Transfer | Station, | | |
| detailed | on | Schedule | 3 | hereof, | supplied | by | the | Contractor | pursuant | to | these | Contract |
Documents.
| “Disposal | Site” | means | the | Contractor’s | Municipal | Solid | Waste | Landfill | detailed | on | Schedule | | | | |
| 3 | hereof | to | be | utilized | for | final | disposal | for | Solid | Waste | collected | pursuant | to | the | Contract |
Documents.
| “Dumpster” | means | a | metal | or | high-impact | UV | stabilized | polyethylene | receptacle | used | in | the | | | |
| mechanical | pickup | of | Commercial | Waste | having | a | capacity | of | two | (2) | to | eight | (8) | cubic | yards |
| for | Small | Dumpsters | and | fifteen | (15) | to | forty | (40) | cubic | yards | for | Large | Dumpsters. | | |
| “E-Verify” | means | Section | 71-11-3 | of | the | Mississippi | Code | of | 1972, | as | amended, | regarding |
| the | status | verification | of | all | employees. | Proposer | and | Contractor | must | show | proof | of |
| compliance | with | E-Verify | in | its | proposal. | | | | | | | |
| “Fee(s)” | means | the | fees | or | amounts | payable | to | the | Contractor | for | or | with | respect | to | the |
| provision | of | Services, | as | set | forth | in | the | Contract | Documents. | | | | | | |
| "Garbage" | means | putrescible | animal | and | vegetable | wastes | resulting | from | the | handling, | | | |
| preparation, | cooking | and | consumption | of | food, | including | wastes | from | markets, | storage | | | |
| facilities, | handling | and | sale | of | produce | and | other | food | products, | and | excepting | such | materials |
| that | may | be | serviced | by | garbage | grinders | and | handled | as | household | sewage. | | |
| “Hazardous | Wastes” | means | any | waste | or | combination | of | waste | of | a | solid, | liquid, | contained | | |
| gaseous, | or | semisolid | form | which, | because | of | its | quantity, | concentration | or | physical, | | | | |
| chemical | or | infectious | characteristics, | may | (i) | cause, | or | significantly | contribute | to | an | increase | | | |
| in | mortality | or | an | increase | in | serious | irreversible | or | incapacitating | reversible | illness; | or | (ii) | | |
| pose | a | substantial | present | or | potential | hazard | to | human | health | or | the | environment | when | | |
| improperly | treated, | stored, | transported, | disposed | of, | or | otherwise | managed | which | are | listed | | | | |
| by | the | Environmental | Protection | Agency | as | hazardous | wastes | which | exceed | the | threshold | | | | |
| limits | set | forth | in | the | Environmental | Protection | Agency | regulations | for | classifying | hazardous | | | | |
| waste. | | Such | wastes | include, | but | are | not | limited | to, | those | wastes | which | are | toxic, | corrosive, |
| flammable, | irritants, | strong | sensitizers, | or | which | generate | pressure | through | decomposition, | | | | | | |
| heat | or | other | means. | | Such | wastes | do | not | include | those | radioactive | materials | regulated | | |
| pursuant | to | the | Mississippi | Radiation | Protection | Law | of | 1976, | appearing | in | Section | 45-14-1 | | | |
-15-et seq.
| “Industrial | Waste” | means | solid | waste | generated | by | manufacturing | or | industrial | processes | | | | | | | |
| that | is | not | a | hazardous | waste | regulated | under | Subtitle | C | of | RCRA. | | Such | waste | may | include, | but |
| is | not | limited | to, | waste | resulting | from | the | following | manufacturing | processes: | | Electric | power | | | | |
| generation; | fertilizer/agricultural | chemicals; | food | and | related | products/by-products; | | | | | | | | | | | |
| inorganic | chemicals; | iron | and | steel | manufacturing; | leather | and | leather | products; | nonferrous | | | | | | | |
| metals | manufacturing/foundries; | organic | chemicals; | plastics | and | resins | manufacturing; | pulp | | | | | | | | | |
| and | paper | industry; | rubber | and | miscellaneous | plastic | products; | stone, | glass, | clay, | and | concrete | | | | | |
| products; | textile | manufacturing; | transportation | equipment; | and | water | treatment. | | | | | | | | | | |
| “Infectious | Medical | Waste” | means | solid | or | liquid | wastes, | which | may | contain | pathogens | | | | | | |
| with | sufficient | virulence | and | quantity | such | that | exposure | to | the | waste | by | a | susceptible | host | | | |
| has | been | proven | to | result | in | an | infectious | disease. | | Such | waste | may | include, | but | is | not | limited |
| to, | cultures | and | stocks | of | infectious | agents; | blood | and | blood | products; | pathological | wastes; | | | | | |
| contaminated | carcasses, | body | parts | and | bedding | of | animals | exposed | to | pathogens | or | medical | | | | | |
| research; | all | discarded | sharps | (e.g. | hypodermic | needles, | syringes, | Pasteur | pipettes, | broken | | | | | | | |
| glass | and | scalpel | blades); | and, | other | wastes | determined | infectious | by | the | generator | or | so | | | | |
| classified | by | the | State | Department | of | Health. | | | | | | | | | | | |
| “Initial | Contract | Fee” | means | the | amount | payable | by | the | Contractor | to | the | County | on | the | | |
| Delivery | Date. | The | Contractor | is | required | to | pay | to | the | County | the | Initial | Contract | Fee | as | a |
| part | of | the | Contract. | On | the | Delivery | Date | the | Contractor | shall | be | required | to | pay | to | the |
| County | the | Initial | Contract | Fee(s) | as | a | part | of | the | Contract. | The | Initial | Contract | Fee | for | the |
| Solid | Waste | Disposal | Services | is | $25,000.00. | | | | | | | | | | | |
| "Landfill" | means | a | controlled | area | of | land | upon | which | solid | wastes | are | deposited, | | | |
| compacted, | and | covered | with | no | on-site | burning | of | wastes, | and | which | is | so | located, | | |
| contoured, | drained | and | operated | so | that | it | will | not | cause | an | adverse | effect | on | public | health |
| or | the | environment. | This | term | includes | MSWLF | units | and | other | landfills, | but | not | sites | which | |
| receive | only | rubbish. | | | | | | | | | | | | | |
| “Liquid | Waste” | means | any | waste | material | that | is | determined | to | contain | “free | liquids” | as |
| defined | by | Method | 9095 | (Paint | Filter | Liquids | Test) | as | described | in | “Test | Methods | for |
| Evaluating | Solid | Wastes. | Physical/Chemical | Methods” | (EPA | publication | number | SW-846). | | | | | |
| “Medical | Waste” | means | all | waste | generated | in | direct | patient | care | or | in | diagnostic | or |
| research | areas | that | is | non-infectious | but | aesthetically | repugnant | if | found | in | the | environment. | |
“MDEQ” means the Mississippi Department of Environmental Quality or any successor or assign.
| “Minority” | means | a | socially | and | economically | disadvantaged | small | business | concern | | | | | |
| organized | for | profit | performing | a | commercially | useful | function | which | is | owned | and | | | |
| controlled | by | one | or | more | individuals | or | minority | business | enterprises | certified | by | the | office, | |
| at | least | seventy-five | percent | (75%) | of | whom | are | resident | citizens | of | the | State | of | Mississippi. |
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| For | purposes | of | this | paragraph, | the | term | “socially | and | economically | disadvantaged | small | | | | | |
| business | concern” | shall | have | the | meaning | ascribed | to | such | term | under | the | Small | Business | | | |
| Act | (15 | USCS, | Section | 637(a)). | | Owned | and | controlled | means | a | business | in | which | one | or | more |
| minorities | or | minority | business | enterprises | certified | by | the | office | own | at | least | fifty-one | | | | |
| percent | (51%) | or | in | the | case | of | a | corporation | at | least | fifty-one | percent | (51%) | of | the | voting |
| stock | and | control | at | least | fifty-one | percent | (51%) | of | the | management | and | daily | business | | | |
| operations | of | the | business. | | | | | | | | | | | | | |
| "Municipal | Solid | Waste” | or | “MSW" | means | any | nonhazardous | solid | waste | resulting | from |
| the | operation | of | residential, | commercial, | governmental, | industrial | or | institutional | | | |
| establishments | except | oil | field | exploration | and | production | wastes | and | sewage | sludge. | |
| "Municipal | Solid | Waste | Landfill” | or | “MSW | Landfill” | means | a | discrete | area | of | land | or | an | | | | |
| excavation | that | receives | Acceptable | Waste | (including | ash | from | a | municipal | solid | waste | | | | | | | |
| combustion | facility) | and | that | is | not | a | land | application | unit, | surface | impoundment, | injection | | | | | | |
| well, | or | waste | pile, | as | those | terms | are | defined | under | 40 | CFR | Part | 257.2. | | An | MSWLF | unit | also |
| may | receive | other | types | of | RCRA | Subtitle | D | wastes, | such | as | Commercial | Waste, | Sludge, | small | | | | |
| quantity | generator | waste, | Special | Waste | and | Industrial | Waste. | | Such | a | landfill | may | be | | | | | |
| publicly | or | privately | owned. | | | | | | | | | | | | | | | |
| “Nonputrescible” | means | not | being | putrid, | rotten | or | odorous, | such | as | limbs, | leaves, | pine |
| straw, | etc. | | | | | | | | | | | |
| “Notice | of | Violation” | or | “NOV” | means | any | written | notification | from | a | governmental | entity | |
| of | a | violation | of | applicable | law | or | regulation, | whether | by | letter, | memorandum, | legal | or |
| administrative | pleading, | or | other | written | communication. | | | | | | | | |
“OSHA” means the Occupational Safety and Health Act and all implementing rules and regulations.
| “Permit(s)” | means | the | applicable | approvals, | permits, | authorizations, | certifications, | and | | | | | | |
| licenses | issued | by | federal, | State | or | local | governmental | authorities | required | by | the | Contractor | | |
| for | the | operation | and | maintenance | of | the | Disposal | Facility | and | Disposal | Site | used | for | final |
| disposal | for | Solid | Waste | collected | pursuant | to | the | Contract | Documents. | | | | | |
| “Person” | means | every | natural | person, | firm, | partnership, | association, | corporation | or | solid |
| waste | authority | whether | public | or | private. | | | | | |
| “Putrescible | Wastes” | means | solid | wastes, | which | are | capable | of | being | decomposed | by |
| microorganisms | with | sufficient | rapidity | to | cause | nuisances | from | odors | or | gases. | |
| "Processing | facility" | means | a | facility, | other | than | a | composting | facility | or | transfer | station | | | |
| used | to | sort, | shred, | grind, | bale, | treat | or | otherwise | process | solid | waste. | The | term | does | not |
| include | facilities | which | receive | and | manage | only | recyclable | components | of | solid | wastes | that | | | |
| are | removed | at | least | annually. | | | | | | | | | | | |
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| “Recyclables” | means | those | waste | items | specified | by | the | County | or | City | for | separate |
| collection, | transport | to | and | accepted | by | the | designated | Recyclable | Materials | disposal | facility. | |
| A | Collection | Service | will | collect | those | Recyclables | that | are | accepted | at | a | designated |
| Recyclable | Materials | disposal | facility. | Such | materials | may | include | newspaper, | paper, | | | |
| cardboard, | aluminum, | metal | cans | and | plastics | with | recycling | emblems | 1 | – | 7. | Other |
| recyclables | may | be | collected | by | the | County | and/or | Cities | pursuant | to | their | recycling |
programs.
| “Refuse” | is | a | comprehensive | term | meaning | something | rejected | or | discarded | as | worthless | or |
| useless | including, | but | not | limited | to, | packaging, | paper, | rags, | cartons, | wood, | rubber, | plastics, |
| glass, | crockery, | metal | cans | and | other | similar | discarded | household | materials | excluding | | |
| Unacceptable | Waste. | | | | | | | | | | | |
| "Regulated | hazardous | waste" | means | a | solid | waste | that | is | a | hazardous | waste, | as | defined | in | | |
| 40 | CFR | Part | 261.3, | that | is | not | excluded | from | regulation | as | a | hazardous | waste | under | 40 | CFR |
| Part | 261.4(b) | or | was | not | generated | by | a | conditionally | exempt | small | quantity | generator | as | | | |
| defined | in | 40 | CFR | Part | 261.5. | | | | | | | | | | | |
| “Rejected | Recyclables” | means | those | waste | items | specified | by | the | County | or | City | for |
| separate | collection, | transport | to | the | designated | Recyclable | Materials | disposal | facility | but | are | |
| rejected | by | the | designated | Recyclable | Materials | disposal | facility. | | | | | |
| “Residential | Unit” | means | a | single | or | multiple | family | dwelling | within | the | unincorporated |
| limits | of | the | County | and/or | City | participating | in | this | Contract. | | |
| “Residential | Waste” | means | garbage, | trash | and | bulky | waste | generated | in | the | normal | |
| operation | of | a | Residential | Unit | and | excludes | Unacceptable | Waste | and | Recyclables. | The | term |
| “Residential | Waste” | also | includes | small | amounts | of | Commercial | Waste | and | Rubbish | that | is |
| normally | collected | along | with | Residential | Waste. | Such | small | amounts | of | Commercial | Waste | |
| would | include | waste | collected | from | churches, | volunteer | fire | departments | and | small | | |
| commercial | units | without | dumpsters. | | | | | | | | | |
| “Rubbish” | means | Yard | Waste, | Construction | Debris | and | other | non-putrescible | Solid | Wastes | | |
| (excluding | ashes) | including, | but | not | limited | to, | cartons, | wood, | furniture | and | similar | material. |
| “Rules | and | Regulations” | means | the | Contractor’s | rules | and | requirements | with | respect | to | the | | | |
| operation | of | the | Disposal | Facility | as | set | forth | in | Schedule | 3. | Such | Rules | and | Regulations | as |
| they | govern | the | County’s | use | of | the | Disposal | Facility | cannot | not | be | modified | without | the | |
| prior | approval | of | the | County | Board. | | | | | | | | | | |
“Service Area” means the geographic area of DeSoto County, Mississippi.
| “Solid | Waste” | means | any | garbage, | or | refuse, | sludge | from | a | wastewater | treatment | plant, |
| water | supply | treatment | plant, | or | air | pollution | control | facility | and | other | discarded | material, |
| including | solid, | liquid, | semi-solid, | or | contained | gaseous | material | resulting | from | industrial, | | |
| commercial, | mining, | and | agricultural | operations, | and | from | community | activities, | but | does | | |
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| not | include | solid | or | dissolved | materials | in | domestic | sewage, | or | solid | or | dissolved | materials | |
| in | irrigation | return | flows | or | industrial | discharges | that | are | point | sources | subject | to | permit | |
| under | 33 | U.S.C. | 1342, | or | source, | special | nuclear, | or | by-product | material | as | defined | by | the |
| Atomic | Energy | Act | of | 1954, | as | amended | (68 | Stat. | 923). | | | | | |
| "Sludge" | means | any | solid, | semi-solid, | or | liquid | waste | generated | from | a | municipal, | |
| commercial, | or | industrial | wastewater | treatment | plant, | water | supply | treatment | plant, | or | air | |
| pollution | control | facility | exclusive | of | the | treated | effluent | from | a | wastewater | treatment | plant. |
| “Stable | Matter” | means | all | manure | and | other | waste | matter | normally | accumulated | in | or | about | |
| a | stable, | or | an | animal, | livestock | or | poultry | enclosure, | and | resulting | from | the | keeping | of |
| animals, | poultry | or | livestock. | | | | | | | | | | | |
| “State | Approved | Disposal | Facility” | means | a | solid | waste | landfill, | processing | or | composting |
| facility | that | meets | all | applicable | federal | and | State | environmental | requirements | and | |
regulations.
“Ton” means a short ton of 2000 pounds.
| “Tons | per | day” | means | the | average | number | of | tons | delivered | over | a | specific | calendar | period. | | |
| For | purposes | of | calculating | this | average | all | Saturdays, | Sundays | and | Holidays | shall | not | be | | | |
| counted | therefore | a | normal | week | without | a | Holiday | shall | have | 5 | days | and | a | non | leap | year |
| shall | have | 256 | days, | the | average | month | will | have | 21.3 | days. | Unless | otherwise | specified | to | | |
| the | contrary, | the | term | “tons | per | day” | shall | mean | this | average | computed | on | a | monthly | basis. | |
| “Transfer | Station” | means | a | fixed | facility | used | for | the | primary | purpose | of | consolidating | MSW |
| from | smaller | solid | waste | transportation | vehicles | to | a | tractor-trailer | specifically | designed | to | | |
| transport | solid | waste | long | distances | to | a | Municipal | Solid | Waste | Landfill. | | | |
| “Turnaround | Tipping | Time” | means | the | total | time | required | to | complete | the | process | for | a | | |
| collection | vehicle | to | que | outside | of | a | disposal | facility, | enter | a | disposal | facility, | empty | its | load |
| and | leave | the | disposal | facility. | It | does | not | include | break-time | or | breakdown | | time | within | a |
| disposal | facility. | | | | | | | | | | | | | | |
| “Unacceptable | Waste” | includes | Hazardous | Waste, | Regulated | Hazardous | Waste, | Infectious | | | | | | |
| Medical | Waste, | Industrial, | Liquid, | Medical | Waste, | sludge, | motor | oil, | batteries, | gasoline, | paint, | | | |
| rubber | tires | or | other | solid | or | liquid | waste | specifically | prohibited | for | disposal | at | the | Disposal |
| Facility | by | MDEQ | or | any | other | regulatory | agency | having | jurisdiction | over | such | landfill, | in | |
| accordance | with | Applicable | Law. | | | | | | | | | | | |
| "Yard | Waste" | means | the | leaves, | grass | cuttings, | weeds, | garden | waste, | tree | limbs, | and | other |
| vegetative | wastes | generated | at | residential, | commercial, | institutional, | governmental, | or | | | | | |
| industrial | properties. | | | | | | | | | | | | |
| Terms | Generally. | Whenever | the | context | may | require, | any | pronoun | which | is | used | in | the | RFP |
| Documents, | Contract | Documents | and | Contract | shall | include | the | corresponding | masculine, | | | | | |
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| feminine | and | neuter | forms | and | the | singular | shall | include | the | plural | and | vice | versa. | Unless |
| otherwise | specifically | noted, | the | words | “include”, | “includes”, | and | “including” | as | used | herein | | | |
| shall | be | deemed | to | be | followed | by | the | phrase | “without | limitation”. | The | words | “agree“, | |
| “agreements”, | “approval” | and | “consent” | as | used | herein | shall | be | deemed | to | be | followed | by | the |
| phrase | “which | shall | not | be | unreasonably | withheld | or | unduly | delayed” | except | as | specifically | | |
noted.
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IV. SCOPE OF SERVICES
A. CONTRACTOR’S OBLIGATIONS, OPERATION AND MAINTENANCE OF DISPOSAL
FACILITY.
| (a) | General. | The | Contractor | shall | accept | during | the | Hours | of | Operation | and |
| dispose | of | at | the | Disposal | Facility | all: | | | | | |
| (i) | Residential | Waste | delivered | to | the | Disposal | Facility | by | or | on | behalf | of | (i.e. | by |
| a | contractor) | the | County | or | City | | | | | | | | | |
| (ii) | | County | Commercial | Waste | delivered | to | the | Disposal | Facility | by | or | on | behalf | of |
| (i.e. | by | a | contractor) | the | County | | | | | | | | | |
| (b) | | Before | the | Commencement | Date, | the | County | shall | provide | the | Contractor | a | list | | |
| of | vehicles | that | are | authorized | by | the | County | to | utilize | the | Disposal | Facility | pursuant | to | the |
| Contract | Documents | and | Contract. | Changes | to | the | authorized | list | shall | only | be | made | and | | |
| approved | by | the | Contract | Administrator. | Changes | may | be | made | verbally | but | shall | be | | | |
| followed | up | in | writing | (email) | to | the | Contract | Administrator | within | 24 | hours. | The | Contractor | | |
| shall | be | responsible | to | maintain | the | list | of | authorized | vehicles. | Any | vehicle | not | authorized | | |
| by | the | County | attempting | to | dispose | of | waste | at | the | Disposal | Facility | pursuant | to | these | |
| Contract | Documents | is | an | “unauthorized | vehicle”. | The | Contractor | shall | notify | the | Contract | | | | |
| Administrator | of | unauthorized | vehicles | attempting | to | use | the | Disposal | Facility. | | | | | | |
| (c) | The | Contractor | shall | not | accept | Rejected | Recyclables | without | prior | notice | and |
| approval | of | the | Contract | Administrator. | | | | | | | |
| (d) | Disposal | Facility | Control. | | At | all | times | during | the | Term, | the | Contractor | shall |
| own | or | otherwise | have | control | of | the | Disposal | Facility. | | | | | |
This is the start of the file's text. The full file is on GovTribe.