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

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. Illegal Provisions In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement and this Agreement shall be construed as if such invalid, illegal or unenforceable provisions has not been sated herein. Modification The terms and conditions of this Agreement may be modified from time to time by mutual agreement of the parties as evidenced by a written agreement duly executed by both parties hereto or their representatives. No modification or amendment of this Agreement shall be valid and effective unless evidenced by the required agreement in writing. 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. Headings The headings contained in this Agreement are for convenience of reference only, are not to be considered a part hereof and shall not limit or otherwise effect in any way the meaning or interpretation of this Agreement. Notices All notices and consents required or permitted by this Agreement 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 as follows: If to the County: Director, Public Works Department 1759 South Ferdon Boulevard Crestview, FL 32536 With copies to: Chairman, Board of County Commissioners Okaloosa County Courthouse Crestview, FL 32536 If to Contractor: <<To be Inserted>> 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, Processing and Disposal Agreement Attachment A: Draft Agreement Changes in respective addresses to which such notices may be directed may be made from time to time by either party by notice to the other party. Entire Agreement This Agreement, including all exhibits, constitutes the entire understanding and agreement between the County and Contractor as to the subject matter hereof. Previous agreements are terminated as of the Commencement Date of this Agreement. There are no terms, obligations, covenants, or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing. 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, Processing and Disposal Agreement Attachment A: Draft Agreement EXHIBIT 1 – COLLECTION SERVICE FEES <<To Be Inserted Based on Financial Proposal of Successful Proposer>> 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, Processing and Disposal Agreement Attachment A: Draft Agreement EXHIBIT 2 – SERVICE AREA Page 42 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 Page 43 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 EXHIBIT 3 – TRANSFER STATION SITE MAPS South Transfer Station Site Map Page 44 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 EXHIBIT 3 – Transfer Station Site Maps (Cont’d) North Transfer Station Site Map Page 45 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 EXHIBIT 4 – CALCULATION OF RATE ADJUSTMENT FOR COLLECTION COMPONENT AND TRANSFER, PROCESSING, AND DISPOSAL FEE Ninety percent (90%) of the rate adjustment of the Collection Component and the Transfer, Processing, and Disposal Fee shall be based on seventy‐five percent (75%) of the change in the Consumer Price Index (CPI) between the month of June in the prior year (CPI1) and the month of June in the current year (CPI2). The CPI shall be the South Urban Region, All Items ‐ All Urban Wage Earners and Clerical Workers, published by the United States Department of Labor, Department of Labor Statistics (Series ID = CWUR0300SA0). Ten percent (10%) of the rate adjustment of the Collection Component and the Transfer, Processing, and Disposal Fee adjustment shall be based on the percentage change in the average monthly fuel price from July through June in the prior year (FI1) and the average monthly fuel price from July through June of the most recent year (FI2). If Contractor utilizes primarily CNG vehicles, fuel prices shall be based on the Henry Hub Gulf Coast Natural Gas Spot Price (dollars/million BTUs) published by the United States Energy Information Administration. If Contractor utilizes primarily diesel vehicles, fuel prices shall be based on the Lower Atlantic (PADD1C) No. 2 Diesel Ultra Low Sulfur Diesel (0‐15 ppm) Retail Prices (dollars per gallon) published by the United States Energy Information Administration. If any of the designated indices are discontinued or substantially altered, the County may select another relevant price index published by the United States Government or by a reputable publisher of financial and economic indices. The total rate adjustment of the Collection Component and the Transfer, Processing, and Disposal Fee is rounded to the nearest hundredth of a percent and in any given year shall not exceed two percent (2%) of the previous year’s respective fee. Excel Formula for Calculating the Rate Adjustment Rate Adjustment (%) = ROUND((((CPI2‐CPI1)/CPI1)*0.75*0.90)+(((FI2‐FI1)/FI1)*0.10),4) Where: “CPI1” = published CPI average for the month of June of the prior year “CPI2” = published CPI average for the month of June of the current year “FI1” = average published monthly fuel price from July through June of the year prior to FI2 “FI2” = average published monthly fuel price from July through June of the most recent year Sample Calculation of Rate Adjustment Assumptions: CPI1 = 225.838 FI1 = 3.9185 CPI2 = 230.195 FI2 = 3.8747 = ROUND((((230.195‐225.838)/225.838)*0.75*0.90)+(((3.8747‐3.9185)/3.9185)*0.10),4) = 1.19% Rate Adjustment of 1.19% is less than 2%, the maximum allowed and, therefore, is accepted. Sample Collection Component Adjustment using the Rate Adjustment: Assumption: Current Solid Waste Collection Component = $8.00 New Collection Component = ROUND($8.00*(1+0.0119),2) = $8.10 Page 46 Note: Final Agreement terms and conditions will be modified based upon the residential service level selected by the Board and final negotiations with the Successful Proposer upon Board approval. Okaloosa County Solid Waste and Recyclables Collection, Transfer, Processing and Disposal Agreement Attachment A: Draft Agreement EXHIBIT 5 – CALCULATION OF DISPOSAL COMPONENT ADJUSTMENT The Disposal Component of the fees provided in Exhibit 1 shall be adjusted whenever the tipping fee at the Designated Facility is adjusted based on the percentage change in the commercial tipping fee rounded to the nearest cent. Sample Calculation of Disposal Component Adjustment Adjusted Disposal Component ($) = CD * (CTF2/CTF1) Where: “CD” = Current Disposal