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

................................................................................................................................38 Independent Contractor ................................................................................................................. 38 Compliance with Federal, State, and Local Law .............................................................................. 38 Law to Govern, Venue, Jurisdiction ................................................................................................ 38 Permits and Licenses ....................................................................................................................... 38 Non‐Discrimination Provisions ........................................................................................................ 39 Illegal Provisions.............................................................................................................................. 39 Modification ....................................................................................................................................39 Remedies Cumulative ..................................................................................................................... 39 Headings..........................................................................................................................................39 Notices ............................................................................................................................................39 Entire Agreement ............................................................................................................................ 40 EXHIBIT 1 – COLLECTION SERVICE FEES ....................................................................................................................... 41 EXHIBIT 2 – SERVICE AREA ...........................................................................................................................................42 EXHIBIT 3 – TRANSFER STATION SITE MAPS ................................................................................................................ 44 EXHIBIT 4 – CALCULATION OF RATE ADJUSTMENT FOR COLLECTION COMPONENT AND TRANSFER, PROCESSING, AND DISPOSAL FEE .................................................................................................................................46 EXHIBIT 5 – CALCULATION OF DISPOSAL COMPONENT ADJUSTMENT ....................................................................... 47 EXHIBIT 6 – CALCULATION OF RECYCLABLES PROCESSING PAYMENT ........................................................................ 48 EXHIBIT 7 – TECHNICAL SPECIFICATIONS FOR ROLL CARTS ......................................................................................... 50 EXHIBIT 8 – TECHNICAL SPECIFICATIONS FOR RFID TAGS FOR COMMERCIAL APPLICATION ...................................... 53 EXHIBIT 9 – REQUIRED COUNTY SERVICES .................................................................................................................. 54 Page iv 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 1. DEFINITIONS To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail for the purposes of this Agreement. However, nothing contained herein shall be interpreted to require Contractor to undertake any conduct that is prohibited by Applicable Law. Whenever the context may require, any pronoun which is used in this Agreement shall include the corresponding masculine, feminine and neutral forms and the singular shall include the plural and vice versa. Acceptable Waste means Solid Waste, including garbage, rubbish, refuse, Rejects, Residue, incidental amounts of household hazardous waste as permitted by the Florida Department of Environmental Protection, and other discarded solid or semi‐solid materials resulting from domestic, commercial, industrial, recycling, resource recovery, agricultural and governmental operations. Acceptable Waste also includes Bulk Waste and Recyclable Materials. Acceptable Waste shall not include regulated Hazardous Waste, Biomedical Waste, Biological Waste, Construction and Demolition Debris, Infectious Waste, and Yard Trash. Agreement means this Agreement including all attachments and amendments thereto. Applicable Law means all applicable federal and State of Florida laws, local (municipal and county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this Agreement. Baker Landfill means the County‐owned property located at 1415 Charlie Day Road, Baker in Okaloosa County. Baker Transfer Station means the North Transfer Station (NTS) currently located at the Baker Landfill capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Biomedical Waste means any Solid Waste or wastes which may present a threat of infection to humans. The term includes, but is not limited to, non‐liquid human tissue and body parts; laboratory and veterinary waste which contain human disease‐causing agents; used disposable sharps, human blood, and human blood products and body fluids; and other materials which, in the opinion of the department of health and rehabilitative services, represent a significant risk of infection to persons outside the generating facility. Biological Waste means Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, Biomedical Waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. Board means the Board of County Commissioners of Okaloosa County, Florida, which is the governing body of the County. Bulk Waste means any waste that requires additional management due to its bulk or weight and shall include, without limitation, household furniture, treated lumber, E‐Waste, bicycles, push type lawn mowers with all oil and gas drained, automotive tires [including tires with rims; tires from commercial vehicles, heavy equipment, or industrial vehicles are prohibited; tires shall not exceed twenty‐five (25) inches in diameter and are limited to four (4) per collection], and White Goods. Bulk Waste does not include Yard Trash or any form of matter or debris resulting from tree removal, land clearing, or land development. Change in Law means (i) the adoption, promulgation, or modification after the Effective Date of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the Effective Date; or (ii) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the Effective Date, which in the case of either (i) or (ii) establishes requirements affecting Contractor’s operation under this Agreement more burdensome than the requirements that are applicable to Contractor in effect as of the Effective Date. A change in any federal, state, county, or other tax law or worker’s compensation law shall not be a Change in Law. However, in the event that a federal, state, or local entity imposes a fee, charge, or tax after the Effective Page 1 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 Date that applies to Contractor’s operations per se, such fee, charge, or tax shall be treated as a Change in Law. Collection Component means the portion of the billing fee set by Okaloosa County Ordinance No. 00‐08, and any amendments thereto, for Residential and Commercial Collection Service. Commencement Date means April 1, 2016, the date services pursuant to this Agreement shall commence. Commercial Business means any establishment other than a residential dwelling, apartment complex, condominium complex or trailer park and shall be and shall include, but not be limited to, all retail or wholesale business establishments and manufacturing concerns. Commercial Collection Service means the collection of Solid Waste within the Service Area from Commercial Businesses. Commercial Collection Service does not include collection of C&D. Commercial Customers means Commercial Businesses receiving Commercial Collection Service. Construction and Demolition Debris (C&D) means discarded materials generally considered to be not water‐soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, soils, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project, including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of C&D with other types of Solid Waste will cause it to be classified as other than C&D. The term also includes: Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; Except as provided in s. 403.707(13)(j); unpainted, nontreated wood scraps from facilities manufacturing materials used for construction of structures or their components and unpainted, nontreated wood pallets provided the wood scraps and pallets are separated from other solid waste where generated and the generator of such wood scraps or pallets implements reasonable practices of the generating industry to minimize the commingling of wood scraps or pallets with other Solid Waste; and De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Contaminates or Contamination means the same as Rejects: that portion of the Recyclable Materials stream that does not consist of materials included in the definition of Program Recyclables. Contract Manager means the Public Works