Okaloosa County BOCC — April 5, 2016 — 2016 Solid Waste Procurement - FINAL — reading text

Uncontrollable Circumstances ........................................................................................................ 35 Compliance with Laws, Governing Law, and Venue ....................................................................... 35 Modifications ..................................................................................................................................35 Severability......................................................................................................................................35 Independent Collector .................................................................................................................... 35 Subcontractors ................................................................................................................................36 Permits and Licenses ....................................................................................................................... 36 Page iii Note: Final Agreement terms and conditions will be modified based upon the residential service level selected by the Board and final negotiations with the Successful Proposer upon Board approval. Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement Attachment A: Draft Agreement Non‐Discrimination Provisions ........................................................................................................ 36 Remedies Cumulative ..................................................................................................................... 36 Assignment......................................................................................................................................36 Third Party Beneficiaries ................................................................................................................. 36 Entire Contract, Waivers, and Survival............................................................................................ 37 Public Records .................................................................................................................................37 Notice ..............................................................................................................................................38 Taxes & Assessments ...................................................................................................................... 38 Audit ................................................................................................................................................38 EXHIBIT 1 – COLLECTION SERVICE FEES ....................................................................................................................... 39 EXHIBIT 2 – SERVICE AREA ...........................................................................................................................................40 EXHIBIT 3 – TRANSFER STATION SITE MAPS ................................................................................................................ 41 EXHIBIT 4 – CALCULATION OF RATE ADJUSTMENT ..................................................................................................... 43 EXHIBIT 5 – CALCULATION OF DISPOSAL COMPONENT ADJUSTMENT ....................................................................... 44 EXHIBIT 6 – TECHNICAL SPECIFICATIONS FOR ROLL CARTS ......................................................................................... 45 Page iv Note: Final Agreement terms and conditions will be modified based upon the residential service level selected by the Board and final negotiations with the Successful Proposer upon Board approval. Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement Attachment A: Draft Agreement Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement This Agreement is entered into this _____ day of __________________, 2016, by and between Okaloosa County, Florida (hereinafter the “County”) and INSERT CONTRACTORS NAME (hereinafter the “Contractor”). ARTICLE 1. DEFINITIONS Nothing contained herein shall be interpreted to require Contractor to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neutral forms and the singular shall include the plural and vice versa. Acceptable Waste means Solid Waste, including garbage, rubbish, refuse, incidental amounts of household hazardous waste as permitted by the Florida Department of Environmental Protection, and other discarded solid or semi‐solid materials resulting from domestic, commercial, industrial, recycling, resource recovery, agricultural and governmental operations. Acceptable Waste also includes Bulk Waste, C&D, and Recyclable Materials. Acceptable Waste shall not include regulated Hazardous Waste, Biomedical Waste, Biological Waste, Infectious Waste, and Yard Trash. Agreement means this Agreement including all attachments and amendments thereto. Applicable Law means all applicable federal and State of Florida laws, local (municipal and county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this Agreement. Baker Landfill means the County‐owned property located at 1415 Charlie Day Road, Baker in Okaloosa County. Baker Transfer Station means the North Transfer Station (NTS) currently located at the Baker Landfill capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Biomedical Waste means any Solid Waste or liquid wastes which may present a threat of infection to humans. The term includes, but is not limited to, non‐liquid human tissue and body parts; laboratory and veterinary waste which contain human disease‐causing agents; discarded disposable sharps, human blood, and human blood products and body fluids; and other materials that, in the opinion of the Department of Health, represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. Biological Waste means Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that are disposed of by persons licensed under chapter 497, Florida Statutes. Board means the Board of County Commissioners of Okaloosa County, Florida, which is the governing body of the Okaloosa County. Bulk Waste means any waste that requires additional management due to its bulk or weight and shall include, household furniture, treated lumber, Electronic Waste, bicycles, push type lawn mowers with all oil and gas drained, automotive tires [including tires with rims; tires from commercial vehicles, heavy equipment, or industrial vehicles are prohibited; tires shall not exceed 25 inches in diameter and are limited to four per collection] and white goods. Bulk waste does not include any form of matter or debris resulting from tree removal, land clearing, land development, or special waste as defined herein. Change in Law means (i) the adoption, promulgation, or modification after the Effective Date of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before Page 1 Note: Final Agreement terms and conditions will be modified based upon the residential service level selected by the Board and final negotiations with the Successful Proposer upon Board approval. Okaloosa County Solid Waste and Recyclables Collection, Transfer, and Processing/Disposal Agreement Attachment A: Draft Agreement the Effective Date; or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the Effective Date, which in the case of either (i) or (ii) establishes requirements affecting Contractor’s operation under this Agreement more burdensome than the requirements that are applicable to Contractor in effect as of the Effective Date. A change in any federal, state, county, or other tax law or worker’s compensation law shall not be a Change in Law. However, in the event that a federal, state, or local entity imposes a fee, charge, or tax after the Effective Date that applies to Contractor’s operations per se, such fee, charge, or tax shall be treated as a Change in Law. Collection Component means the portion of the billing fee set by Okaloosa County, for Residential and Multi‐Family Collection Service. Commencement Date means October 1, 2016, the date services pursuant to this Agreement shall commence. Commercial Business means any establishment other than a residential dwelling, apartment complex, condominium complex or trailer park and shall be and shall include, but not be limited to, all retail, professional, whole sale and industrial facilities, manufacturing facilities, non‐profit enterprises, governmental/public agencies, and any other commercial enterprises offering goods and services to the public. Construction and Demolition Debris (C&D) means discarded materials generally considered to be not water‐soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of C&D with other types of Solid Waste will cause it to be classified as other than C&D. The term also includes: Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; Except as provided in s. 403.707(13)(j); unpainted, non‐treated wood scraps and wood pallets from sources other than construction or demolition projects; Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were