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

Fluorescent light bulbs; Mercury‐containing devices; Whole tires; or Liquid wastes. Uncontrollable circumstances means those acts beyond the reasonable control of the party relying thereon which may include, but are not necessarily limited to, the following: Acts of god, such as storm, flood or earthquake; Civil disturbances, such as riots, revolutions, rebellion or insurrections; Any wars (whether declared or not), hostilities or invasions; Accidents or disruptions, such as fires or explosions; or Labor difficulties, such as strikes, lockouts, or sabotage. White Goods means and includes discarded air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial appliances. Wright Landfill means the County‐owned property located at Percy Land and North Beal Extension, Ft. Walton Beach in Okaloosa County. Yard Trash means vegetative matter resulting from landscaping maintenance and land clearing operations and includes associated rocks and soils. For the purposes of this Franchise Agreement, Yard Trash shall include the accumulation of lawn, grass, shrubbery cuttings or clippings and dry leaf rakings, palm fronds, small tree branches, bushes or shrubs, green leaf cuttings, fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches, trees, stumps, or bulky or non‐containerized material not susceptible to normal loading and collection in loader packer type sanitation equipment used for regular collections from domestic households. Yard Trash does not include any form of matter or debris, or associated rocks and soils, resulting from tree removal, land clearing, land development, building demolition, home improvement, or waste generated by tree surgeons. Additionally, Yard Trash does not include debris generated by landscapers or lawn maintenance services when removed from the origination site and placed on another property for pick‐up. ARTICLE 2. AGREEMENT TERM Effective and Commencement Dates The Effective Date is the date the Agreement is executed and has been signed by the County and Contractor, whichever date is later. The Commencement Date is the date that services required by this Agreement shall commence. The Commencement Date shall be October 1, 2016. Page 5 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 Initial Term The term of this Agreement shall be for a period of ten (10) years beginning on the Commencement Date, October 1, 2016, and terminating September 30, 2026. Renewal Option At the sole option of the County, this Agreement may be renewed for two (2) additional terms of five (5) years under the same terms and conditions as the initial term, including amendments. Contractor shall be notified by the County no later than September 30, 2025 of its intent to renew or not to renew the Agreement. If renewed, the first additional five (5) year term will begin on October 1, 2026, and terminate on September 30, 2031. If the first renewal option is implemented Contractor shall be notified by the County no later than September 30, 2030 of its intent to renew or not to renew the Agreement. If renewed, the second additional five (5) year term will begin October 1, 2031, and terminate on September 30, 2036. ARTICLE 3. SOLID WASTE AND RECYCLABLES COLLECTION SERVICES Exclusive and Not Exclusive Services 3.1.1. Exclusive Services Contractor is herein granted the exclusive right to provide the following collection services in the Service Area as specified in this Agreement: a. Residential Collection Service including the collection of residential Solid Waste, Program Recyclables, Yard Trash, and Bulk Waste. b. Multi‐Family Collection Service including the collection of residential Solid Waste and Program Recyclables. 3.1.2. Not Exclusive Services 3.1.2.1. Contractor is not granted the exclusive right to collect Solid Waste from Commercial Businesses, C&D debris, Bulk Waste or Yard Trash from Multi‐Family Units, or contractor‐generated waste. Contractor is not granted the exclusive right to collect residential vegetative waste that exceeds the collection preparation and size requirements or Bulk Waste that exceeds standard level of service. Contractor may provide these services at competitive rates that shall not be controlled by this Agreement. 3.1.2.2. The County reserves the right to exclude collection of other materials from this Agreement in the future for the purposes of increasing waste reduction. Title to Solid Waste and Recyclable Materials The Contractor shall have title to all Solid Waste and Recyclables upon collection; provided, however, the County reserves the right at all times to elect and hold title and ownership to all or a portion of the Solid Waste and Recyclables collected by the Contractor pursuant to this Agreement. Such election by the County shall be in writing signed by the Contract Manager. Infectious Waste, Hazardous Waste, Biomedical Waste, and Biological Waste The Contractor shall refuse to collect Solid Waste from a customer if the Contractor believes such Solid Waste contains Infectious Waste, Hazardous Waste, Biomedical Waste, or Biological Waste. Contractor shall place a non‐collection notice on the container, Roll Cart, or materials explaining why collection was not made. Contractor shall not be required to collect and dispose of Infectious Waste, Hazardous Waste, Biomedical Waste, or Biological Waste, but may offer such service in the Service Area. Any of those types of materials collected by the Contractor, knowingly or unknowingly, shall be the Contractor’s sole responsibility and liability for disposal in strict compliance with all Applicable Law. Page 6 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 Transition of Collection Services 3.4.1. Transition Prior to Commencement of Collection Services Contractor shall participate in transition meetings as scheduled and conducted by the Contract Manager to plan and manage the transition process so that no service interruption occurs. Contractor is responsible for providing a smooth transition in services to minimize inconvenience to customers. To accomplish this objective, Contractor shall submit to the Contract Manager, no later than thirty (30) Days following the Effective Date, a transition plan that provides a detailed description of how Contractor will plan and prepare for providing Residential and Multi‐Family Collection Services leading up to the Commencement Date. The transition plan must meet the approval of the Contract Manager. At a minimum, Contractor must address the following specific performance requirements in the transition plan and accomplish them according to deadlines specified in the plan: a. Coordination of meetings with the outgoing contractor and the County, if necessary. b. Schedule of Residential and Multi‐Family Collection Service transition meetings with County staff leading up to the Commencement Date. c. Schedule for obtaining any additional necessary labor, vehicles, equipment, and containers. d. Schedule for removal and replacement of containers utilized by outgoing contractor for Multi‐Family Collection Service. e. Schedule for providing a vehicle and equipment list and route summary to the Contract Manager and ensuring that all vehicles are street legal (registered, insured, licensed, and tagged) prior to the Commencement Date. f. Schedule for providing residential routes and map information in a format acceptable to the Contract Manger. g. Schedule for delivering County‐provided information brochure to all customers (existing & new) prior to the Commencement Date. h. Schedule for conducting dry‐runs of collection routes. i. Schedule for testing/calibrating truck‐mounted Radio Frequency Identification (RFID) readers. j. Coordination with the County to ensure transmission of asset management database and other associated information for Roll Cart management. k. Schedule for onsite training for County staff on the use of web‐based asset management and service verification software by appropriately‐trained professional personnel. 3.4.2. Solid Waste Service Contracts 3.4.2.1. Any and all contracts that provide Solid Waste collection service and/or related Solid Waste services to Multi‐Family Units within the Service Area shall be null and void as of September 30, 2016. 3.4.2.2. The term of any contract for Solid Waste collection pursuant to this Agreement shall not extend past the term of this Agreement. 3.4.3. Transition Prior to Expiration of Collection Services 3.4.3.1. Should the County choose not to renew this Agreement or should no renewal options remain, the County anticipates awarding a new agreement at least six (6) months prior to the expiration of this Agreement or any subsequent renewals. In the event a new agreement has not been awarded within such time frame, Contractor agrees to provide service to the County for an additional ninety (90) Day period beyond the expiration of the Agreement at then established service fee, provided the County requests said services