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

grant Contractor reasonable variance from regular schedules and routes. As soon as practical after such storm, Contractor shall advise the Contract Manager and the customer of the estimated time required before regular schedules and routes can be resumed. In the event the County desires that Contractor aid the County’s storm cleanup contractor, Contractor’s cleanup activities shall be by way of a written contract specific to that event. Rates, costs, and specific cleanup activities shall be set forth. In the event of such storm or hurricane emergency, the County reserves the right to assign route or pickup priorities as deemed necessary by the Contract Manager. Page 17 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 ARTICLE 4. TRANSFER STATION OPERATIONS County Responsibilities 4.1.1. Facility Ownership The real property at the Transfer Stations are, and will continue to be, wholly owned by the County. For the purposes of this Agreement, real property means the land, all physical buildings and structures thereon, including all equipment and fixtures with the exception of rolling stock. Site maps of the Transfer Stations are provided in Exhibit 3. 4.1.2. Permits The County will be named on the Transfer Station operating permits. 4.1.3. Transfer Station Scale System The County owns and will continue to maintain the WasteWorks system that records scale data for the Transfer Stations. 4.1.4. North Transfer Station Scale House The County will retain the operation and management of the NTS scale house, including staffing. 4.1.5. Delivery of Acceptable Waste The County or others authorized by the County shall deliver Acceptable Waste to the Transfer Stations. The Contractor shall deliver all Acceptable Waste generated within Okaloosa County and collected by the Contractor to the Transfer Stations. 4.1.6. Manner of Deliveries The County shall grant to Contractor reasonable authority to deny admission to the Transfer Stations of any vehicle carrying materials that may leak, spill, or allow waste to be blown or scattered about before unloading at the site. 4.1.7. Cooperation The County shall cooperate with Contractor in Contractor’s efforts to obtain and renew all required permits, licenses, and approval; shall not appear as an objector in any proceeding to consider the granting or renewal of such permits, licenses, or approvals; and shall promptly and reasonably consider any applications by Contractor. However, the responsibility to obtain all licenses and permits required to comply with this Agreement, shall solely be the responsibility of Contractor in accordance with section 4.2.3 of this Agreement. Contractor Responsibilities 4.2.1. Transition No later than thirty (30) Days after the Effective Date of this Agreement, the Contractor and Contract Manager, together with any subject matter experts the Contract Manager may select to provide it assistance, shall conduct a joint inspection of the Transfer Stations to document the existing condition of the facility to define and document the Required Turn Back Condition for the Transfer Stations. Details regarding the Required Turn Back Condition shall be defined, including who is responsible for making repairs or replacements immediately or in the future, and estimated cost of repairs or replacements, if feasible. 4.2.1.1. In order to establish the Required Turn Back Condition of all real property at the Transfer Stations, the County and Contractor shall conduct a joint inspection(s) of the facilities’ sites and buildings, to include utilities, no later than thirty (30) Days after the Effective Page 18 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 Date of this Agreement. The County and Contractor shall develop a list of any necessary repairs or replacements that, following completion of such repairs and replacements, shall be the Required Turn Back Condition, allowing for normal wear and tear commensurate with the time of use, and considering the Contractor’s responsibilities for maintenance, repair, and replacement. 4.2.1.2. As part of documenting the Required Turn Back Condition, the County’s engineering consultant will evaluate and document the percentage of wear on the tip floors. The Contractor shall be required to leave the tip floors in equal or better condition upon the termination of this Agreement. If the Contractor fails to leave the tip floors in equal or better condition than documented in the Required Turn Back Condition report, the Contractor shall reimburse the County one hundred and twenty five percent (125%) of the cost of returning the tip floor(s) to its Required Turn Back Condition to cover both the cost of the work and the County’s administrative and overhead costs. 4.2.1.3. At least ninety (90) Days prior to the conclusion of the term of this Agreement, the County and Contractor shall jointly inspect the Transfer Stations to identify any repairs or replacements needed to bring the facilities to the Required Turn Back Condition. The Contractor, pending the Contract Manager’s approval, shall develop a list of any and all necessary repairs or replacements that the Contractor, at its sole cost and expense, must perform and shall establish a schedule for completing all such work. 4.2.1.4. At the termination of this Agreement, the Contractor shall have restored the Transfer Stations to its Required Turn Back Condition. Contractor may remove any fixed assets as long as Contractor restores the area to its pre‐existing condition, unless otherwise approved by the Contract Manager. The County reserves the right to require the Contractor to remove any fixed assets and restore the area to its pre‐existing condition at the Contractor’s expense. 4.2.1.5. During the transition prior to the termination of this Agreement, the Contractor shall cooperate with the County and, if applicable, the incoming contractor. Such cooperation includes, but is not limited to, allowing site visits of the Transfer Stations by the County and the incoming contractor, upon receipt of reasonable advance notice, and ensuring all facilities are in Required Turn Back Condition. The Contractor shall coordinate and cooperate with the newly selected contractor, if applicable, and the County, to minimize any disruptions in the service provided. 4.2.1.6. At the termination of this Agreement, the Contractor shall transfer all active facility permits for the Transfer Stations to the County, or its designated contractor as requested by the County, in a timely manner so as to avoid any disruption of service. 4.2.2. Capital Improvements Contractor shall be solely responsibility for all the cost of all capital improvements to the Transfer Stations. 4.2.3. Permits and Licenses 4.2.3.1. The Contractor shall be responsible for and bear all costs of maintaining, modifying, and renewing all operational and environmental permits and approvals from any governmental entity required to operate the Transfer Stations. The County will coordinate with the Contractor and permitting agencies, as needed. 4.2.3.2. The Contractor shall perform and pay for any groundwater, surface water, leachate, or other routine environmental monitoring at the Transfer Stations that is required by the Florida Department of Environmental Protection (FDEP) or any regulatory agency with jurisdiction over the activities at the facilities. Page 19 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 4.2.3.3. The Contractor shall be responsible for compliance with all environmental and operational permits. Should the County receive a Notice of Violation (NOV), the County will forward the NOV to the Contractor within twenty‐four (24) hours. The Contractor shall take immediate action to remedy the violation and regain compliance. The Contractor shall bear any and all costs associated with remedying a violation and regaining compliance. 4.2.3.4. Contractor’s failure to properly maintain or obtain permits and licenses shall result in a breach of this Agreement. 4.2.4. Hours and Holidays 4.2.4.1. The Transfer Stations will be open to the public from 6:00 a.m. to 5:00 p.m. CDT, Monday through Friday and 6:00 a.m. to 12:00 noon CDT, Saturday. The County reserves the right to alter the operating hours of the facilities. Contractor and County agree to negotiate a reasonable fee adjustment if such change in operating hours affects operating costs. 4.2.4.2. Contractor will close the Transfer