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

Recycling Facility’s hours of operation, to inspect both the operating and maintenance practices of the facility. Operating practices shall include, but are not limited to, the receipt, separation, processing, loading, storage, and transport of Recyclables and Recovered Materials. Contractor shall reasonably accommodate the County’s inspection rights described herein, provided it does not create a safety hazard. Upon request, the Contractor shall provide tours for elected officials and County staff of the Contractor’s Designated Recycling Facility. The County shall provide at least seven (7) calendar Days’ prior notice to Contractor. Contractor shall provide personnel to lead the tour and all necessary personal safety equipment. Materials Acceptance Beginning on the Commencement Date, Contractor shall deliver all Recyclables received at the Transfer Stations to the Designated Recycling Facility. Designated Recycling Facility may be closed on Holidays as defined herein. The County reserves the right to add or delete Recyclable Materials as part of the County’s Program Recyclables if the contracting parties agree it is technically feasible. In the event that the Contractor is unable to accept, process, and market materials due to Contractor fault at any time during the contract, it shall be the Contractor’s sole responsibility at its cost and expense to provide alternate facilities for processing and marketing of Recyclables. Disposal Contractor shall not dispose of or landfill any Recyclables or Recovered Materials processed pursuant to this Agreement other than those small amounts customarily found in processing Residue. Contractor shall not knowingly, or without reasonable assumption, sell such Recyclables or Recovered Materials to another agent that landfills or disposes of material other than through recycling. This prohibition does not apply to Rejects and Residue. Page 25 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 is solely responsible for the transportation and disposal of all non‐recyclable materials, including Rejects and Residue generated as a result of processing Recyclables, inclusive of all associated costs. ARTICLE 6. SOLID WASTE PROCESSING AND DISPOSAL [This Article will be modified based on negotiations with the Successful Proposer.] ARTICLE 7. PERSONNEL Contact Information Within three (3) Days following the Effective Date, Contractor shall provide the Contract Manager with a written list containing the names, addresses, emails, and telephone numbers of Contractor’s operations manager(s) and all other key personnel. Contractor shall identify emergency contacts with the ability to respond within sixty (60) minutes of being contacted by the Contract Manager, or other County representative. Contractor shall notify the County within twenty‐four (24) hours of any staffing or contact information changes. Employees Contractor shall implement and maintain a drug‐free workplace program. Contractor shall devote sufficient personnel, time, and attention to its operations under this Agreement to ensure that its performance will be satisfactory to the County. Contractor shall use competent, qualified, sober personnel to provide services pursuant to this Agreement. Contractor shall only utilize personnel in providing services pursuant to this Agreement that have passed criminal background checks. All of Contractor’s personnel shall maintain a courteous and respectful attitude at all times. Contractor shall instruct its employees to avoid loud or profane language at all times during the performance of their duties under this Agreement. Contractor’s employees shall not conduct themselves in a negligent, disorderly, or dishonest manner. Contractor shall furnish each employee with an appropriate means of identifying him or her as an employee of Contractor. Contractor’s employees that have the potential to come into contact with the public shall, at a minimum, have a uniform or shirt with company logo and a name tag. Contractor’s employees shall wear the identification at all times while on duty. Contractor shall provide appropriate operating and safety training for all personnel, including meeting training requirements to meet all Applicable Law. Each vehicle operator shall at all times carry a valid driver’s license for the type of vehicle that is being driven. Contractor shall comply with all Applicable Law relating to wages, hours, and all other laws relating to the employment or protection of employees, now or hereafter in effect. Contractor shall, wherever possible, employ its personnel from residents of Okaloosa County. County’s Right to Request Removal The County reserves the right to disapprove and request removal of any Contractor personnel assigned to the County’s work. Such disapproval or request shall be for reasonable cause only and shall be addressed in writing to Contractor. Notwithstanding the foregoing, Contractor shall not be required to take any action with regard to Contractor’s personnel that would violate any Applicable Law. Page 26 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 ARTICLE 8. RECORD KEEPING AND REPORTING Record Keeping Contractor shall maintain records in accordance with generally accepted management principles and practices. The County shall have access to such books, records, data, documents, and other reports during normal operating hours. Contractor will provide proper facilities for such access and inspection. The Florida Public Records Act, Chapter 119 of the Florida Statutes, may have application to records or documents pertaining to this Agreement, and Contractor acknowledges that such laws have possible application and agrees to comply with all such laws. The County shall have the right to perform audits of Contractor’s records at the County’s expense, whenever the County deems it necessary. Record Format Contractor records required herein shall be maintained in electronic format utilizing Microsoft software, or in a format approved by the Contract Manager. Daily Report Within one (1) Day of occurrence, Contractor shall electronically notify the Contract Manager of any of the events listed below, in a format approved by the Contract Manager, which may include use of the service verification system reports, if applicable. If no such events occur, no notification is necessary. Collection services non‐collection events as specified in Article 3.5.7. Incidences of personal injury or property damage, including vehicular damage, to public or private property by Contractor as specified in Article 3.10.4.3. and Article 4.2.6.12. Spillage and littering occurrences as specified in Article 3.10.5.2. Monthly Report Contractor shall electronically submit a report to the Contract Manager in a format approved by the Contract Manager, within seven (7) Days after the end of the month during the term of this Agreement. The report shall contain the following information for the previous service month: A summary of complaints as specified in Article 3.10.8.4. and Article 4.2.6.15. Roll Cart repair, replacement, exchange, and asset management reports including information as specified in Article 3.10.12.4. Recycling set out rate (number of carts placed out at the curb at least once per month divided by the number of total customers). List of customers receiving services for which the Contractor is billing (not based on cash receipts). The report should include customer name, address, material(s) collected, container size, frequency of collection, and service fees, or any other information required by the Contract Manager. Types of Recyclable Materials collected should be identified such as segregated cardboard, paper, commingled containers, or Single Stream.  Residential Collection Service  Multi‐Family Collection Service  Commercial Collection Service  Commercial Recyclables collection service Documentation and calculation of franchise fee linked to the previous list and identifying customer invoice amount, revenue received, and franchise fee calculation:  Multi‐Family Collection Service  Commercial Collection Service Page 27 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 Vehicle and equipment list if changes in the fleet of vehicles and equipment occurred during the previous month. Documentation of all public education activities planned, initiated, or executed during the previous month as specified in Article 3.11. Amounts of Recyclables delivered to the Transfer Stations including Single Stream and segregated cardboard, or any other source‐separated materials mutually agreed upon to process during the previous calendar month from which payments due to the County are calculated. Estimated percentage of the County’s Recyclables delivered to the Designated Recycling Facility that consisted of Rejects and Residue and actual percentage of Rejects and Residue for all Recyclables processed at the Designated Recycling Facility at which the County’s Recyclables are processed. Annual Report