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

force and effect. Any revocation of Contractor’s licenses or permits shall be reported to the County within three (3) Days of such revocation. Non‐Discrimination Provisions Contractor shall not, on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discriminate in any form or manner, against said Contractor’s employees or applicants for employment (as provided in Title VI of the 1964 Civil Rights Act, and the Florida Human Rights Act of 1977). Furthermore, Contractor shall comply with all applicable Federal and State Laws, Executive Orders and Regulations prohibiting discrimination as herein above referenced are included by this reference thereto including Vietnam‐Era Veterans and Disabled Veterans within its protective range of applicability. Contractor warrants that it is qualified to enter into this Agreement in accordance with the provisions of the Florida Public Entity Crime Statute, Section 287.133, Florida Statutes. Contractor shall exercise reasonable efforts to use local resources including local subcontractors, local suppliers and material men, and local laborers and if such local resources are available and deliverable in a quantity, quality and cost at least comparable to non‐local resources shall be given preference and used in the performance of this Agreement. Remedies Cumulative Except as otherwise expressly provided herein, no remedy herein conferred upon any party is intended to be exclusive of any other remedy. Each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any part of any right, power or remedy hereunder shall preclude any other or further exercised thereof. Assignment Contractor may not assign its interest in this Agreement without the express written consent of the County, which will not be unreasonably withheld. Third Party Beneficiaries It is specifically agreed between the parties executing this Agreement that it is not intended by any of the provisions of any part of the Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. Page 36 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 Entire Contract, Waivers, and Survival This Agreement and all attachments as incorporated herein, contains the entire agreement between the parties and supersedes all prior oral or written agreements. Contractor acknowledges that it has not relied upon any statement, representation, prior or contemporaneous written or oral promises, agreements or warranties, except such as are expressed herein. The terms and conditions of this Agreement can only be amended in writing upon mutual agreement of the parties and signed by both parties. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of the County to enforce any of the provisions hereof shall not be construed to be a waiver of the right of the Agreement thereafter to enforce and or require performance of such provisions. All of Contractor’s obligations under this Agreement shall survive the termination of this Contract. Public Records IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT OKALOOSA COUNTY RISK MANAGEMENT DEPARTMENT 5479 OLD BETHEL ROAD CRESTVIEW, FL 32536 PHONE: (850) 689-5977; riskinfo@co.okaloosa.fl.us. Contractor acknowledges that as it is performing services on behalf of the County, that it is subject to the Florida Public Records Law. The Contractor shall maintain all records generated and received as part of its services under this Contract in accordance with the Florida Public Records Act, Chapter 119, Florida Statutes. Contractor must: 1. Keep and maintain public records required by the County to perform the service. 2. Upon request from the County’s custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119 Florid Statutes or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. 4. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the contractor or keep and maintain public records required by the County to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining the public records. All records stored electronically must be provided to the public agency, upon the request from the public agency’s custodian of public records, in a format that is compatible with the information technology systems of the public agency. Failure of Contractor to comply with a public records request, including within a reasonable time period, will be considered a breach under this Agreement and may result in termination of the Agreement. Page 37 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 Notice All notice required by this Contract shall be in writing to the representatives listed below: The Contract Manager shall be: Director, Public Works Department 1759 South Ferdon Boulevard Crestview, FL 32536 The authorized representative of the Contractor shall be: <<To be Inserted>> Courtesy Copy to: Okaloosa County Purchasing Department Contracts & Leases 5479‐A Old Bethel Road Crestview, FL 32536 850‐689‐5960/ 850‐689‐5998 (FAX) Any party shall have the right, from time to time, to change the address to which notices shall be sent by giving the other party at least five (5) business days prior notice of the address change. All notices and consents required or permitted by this Contract shall be in writing and transmitted by registered or certified mail, return receipt requested, with notice deemed to be given upon receipt, postage prepaid, and addressed to the above individuals. Taxes & Assessments Contractor agrees to pay all sales, use, or other taxes, assessments and other similar charges when due now or in the future, required by any local, state or federal law, including but not limited to such taxes and assessments as may from time to time be imposed by the County. Contractor further agrees that it shall protect, reimburse and indemnify County from and assume all liability for its tax and assessment obligations under the terms of this Lease Agreement. Audit The County shall have the right from time to time at its sole expense to audit the compliance by the Contractor with the terms, conditions, obligations, limitations, restrictions and requirements of this Agreement and such right shall extend for a period of three (3) years after termination of this Agreement. Page 38 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 EXHIBIT 1 – COLLECTION SERVICE FEES <<To Be Inserted Based on Financial Proposal of Successful Proposer>> Page 39 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 EXHIBIT 2 – SERVICE AREA Page 40 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 EXHIBIT 3 – TRANSFER STATION SITE MAPS South Transfer Station Site Map Page 41 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 EXHIBIT 3 – Transfer Station Site Maps (Cont’d) North Transfer Station Site Map Page 42 Note: Final Agreement terms and conditions will be