Okaloosa County BOCC — July 21, 2015 — Attachment A 070915 — reading text

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 and Recycling Facility. 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. 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 Page 20 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, Processing and Disposal Agreement Attachment A: Draft Agreement 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. 4.2.4. Hours and Holidays 4.2.4.1. The Transfer Stations and Recycling Facility 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 Stations and Recycling Facility on the following Holidays: New Year’s Day, Thanksgiving, and Christmas. 4.2.4.3. The County reserves the right to require the opening and operating of the Transfer Stations outside of the regular hours during times of emergency or urgent need. The Contractor shall staff and equip the facility to meet the needs of the County during such emergency openings. 4.2.5. Acceptance of Waste In accordance with applicable operational protocol established by Contractor and with the approval of the County, Contractor shall provide, operate, and maintain facilities for the receipt of Acceptable Waste. Contractor shall assume ownership of all waste once tipped at the Transfer Stations and Recycling Facility. The County makes no assurances or guarantees regarding the quantity of materials that will be delivered to the Transfer Stations. 4.2.5.1. Acceptable Waste: Contractor shall process Acceptable Waste received at the Transfer Stations in accordance with all Applicable Law and in a manner which would not pose a threat to public health and safety. 4.2.5.2. Unacceptable Waste: Contractor shall exercise its best efforts to avoid the acceptance of Unacceptable Waste at the Transfer Stations. Contractor shall process all Unacceptable Waste received at the facilities in accordance with Applicable Law and in a manner which will not pose a threat to public health and safety. Contractor shall indemnify the County for any liability claims or damages imposed as a consequence of Contractor’s failure to process such material in accordance with Applicable Law. 4.2.6. Operations 4.2.6.1. Contractor shall be responsible for and shall bear all costs and expenses associated with operating and maintaining the Transfer Stations in full compliance with the FDEP Transfer Station Permits, Operations Plans, Applicable Law, and this Agreement. 4.2.6.2. Contractor shall weigh and record all inbound and outbound vehicles carrying materials, including transfer trucks, at the STS. Each vehicle delivering waste or recyclables shall be property identified and authorized in a manner satisfactory to the County and Contractor. Weights of all Solid Waste and Recyclables shall be recorded in the County’s WasteWorks system. 4.2.6.3. The weight of Acceptable Waste and Recyclables shall be determined using the scales at the Transfer Stations. Contractor shall, at least every six (6) months, test the accuracy of the STS weight scales. The scales shall be tested by a scale company registered with the Florida Department of Agriculture and Consumer Services. Page 21 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, Processing and Disposal Agreement Attachment A: Draft Agreement 4.2.6.4. Contractor shall regularly, at a minimum every ninety (90) Days, update tare weights used to determine material weights. 4.2.6.5. Contractor shall remove waste from the tipping floors in accordance with operating permits. 4.2.6.6. Contractor shall not store Recyclables or Recovered Materials in the facilities’ outdoor areas unless fully contained and protected from the elements within a vehicle or container; storage on the ground or use of tarps is not acceptable. Recyclables and Recovered Materials will be transported offsite as soon as sufficient quantities are accumulated. 4.2.6.7. Contractor shall separate tires, White Goods, and E‐Waste delivered to the Transfer Stations from other waste and place them in separate containers as provided by the County. 4.2.6.8. Contractor shall remove any Unacceptable Waste delivered to the Transfer Station from the waste stream and shall properly manage and dispose of such Unacceptable Waste. 4.2.6.9. Contractor shall operate the facilities to allow for a turnaround time of not more than twenty (20) minutes after being weighed in at the scale house on a first‐in, first‐out basis. 4.2.6.10. Contractor shall be responsible for all utility costs, including water, sewer, electrical and telecommunication associated with the operation of the Transfer Stations and will timely pay all utility costs and associated taxes and other governmental charges. 4.2.6.11. Contractor shall be responsible for treating, hauling, and disposing of all leachate. Leachate shall be pre‐treated in accordance with permit requirements and to meet all Applicable Law. 4.2.6.12. Contractor shall immediately notify the Contract Manager of any personal injury or damage to public or private property caused by Contractor during the provision of services. Wherever such property is damaged due to the activities of Contractor, it shall be restored to its original condition by Contractor at Contractor’s expense within forty‐eight (48) hours. 4.2.6.13. Contractor shall accommodate tours, hosted by the County, by appointment. 4.2.6.14. The County shall be entitled to have its designated representatives at the Transfer Stations at all time and Contractor shall designate a suitable site for an office if required by the County. The County shall further have the right to station its employees at all weigh scales to verify the correctness of the weight records and Contractor shall provide reasonable space for said employees. 4.2.6.15. Contractor shall keep a written record of all complaints it receives (either directly or through the County) regarding Contractor’s service under this Agreement in a format approved by the Contract Manager. Contractor shall resolve all complaints as expeditiously as possible and shall take whatever steps are necessary to remedy the cause of a complaint within twenty‐four (24) hours after receiving a complaint from a customer or the County. 4.2.6.16. The County may from time to