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

Director or as otherwise designated in writing by the Board to represent the County in the administration and supervision of this Agreement. Contractor means the entity that holds this Agreement for Solid Waste and Program Recyclables Collection, Transfer, Processing and Disposal Services with Okaloosa County. County means Okaloosa County, Florida, acting by and through its Board. Day means calendar day unless otherwise noted in the Agreement. Designated Facility means the facilities designated by the County for delivery of Solid Waste, Program Recyclables, Yard Trash, and Bulk Waste collected pursuant to this Agreement. Designated Recycling Facility means the facility to which Recyclables received at the Transfer Stations are delivered for processing and marketing. Page 2 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 Disposal Component means the portion of the billing fee set by Okaloosa County Ordinance No. 00‐08, and any amendments thereto, for tipping fee, landfill costs, and Solid Waste management costs. Dwelling Unit means any type of structure or building unit with kitchen facilities capable of being utilized for residential living other than a hotel or motel unit, including houses, condominiums, townhouses, apartments, efficiency apartments and mobile homes. Effective Date means the date this Agreement has been executed by both the County and Contractor, whichever is later. E‐Waste means computers, monitors, keyboards, mice, terminals, printers, modems, scanners, cell phones, televisions, copiers, and other electronic equipment. Fort Walton Beach Transfer Station means the South Transfer Station (STS) currently located at 630 Martin Luther King Jr. Blvd., Ft. Walton Beach in Okaloosa County capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Holidays means New Year’s Day, Thanksgiving, and Christmas. Hazardous Waste means Solid Waste or a combination of Solid Wastes, (even though it may be part of [a] delivered load of waste), which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or environment when improperly transported, disposed of, stored, treated, or otherwise managed. Hazardous Waste shall include all such waste as defined by the Rules of the Florida Department of Environmental Protection, Chapter 62‐730 F.A.C., or 40 Code of Federal Regulations 261, or both, as either or both may be amended from time to time and to the extent either or both is applicable to the disposal of waste in Florida. Hazardous Waste is not intended to include de minimis amounts of household hazardous wastes as defined by FAC 62‐701.100. Host Fee means a fee paid by the Contractor to Okaloosa County to help compensate for the Contractor’s right to manage Solid Waste at the Okaloosa Transfer Stations. Incorporated Municipalities means those duly incorporated municipalities in Okaloosa County consisting of Cinco Bayou, Crestview, Destin, Fort Walton Beach, Laurel Hill, Mary Esther, Niceville, Shalimar and Valparaiso. Infectious Waste means those wastes that may cause disease or may reasonably be suspected of harboring pathogenic organisms. Included are wastes resulting from the operation of medical clinics, hospitals, and other facilities producing wastes which may consist of, but are not limited to, diseased human and animal parts, contaminated bandages, pathological specimens, hypodermic needles, contaminated clothing, and surgical gloves. Merchant Waste means Acceptable Waste that was collected from locations outside the County jurisdictional boundaries. Merchant Waste does not mean commercial waste generated within unincorporated areas of the County or within Incorporated Municipalities. Multi‐Family Collection Service means the collection service of Solid Waste and Recyclables provided to persons occupying Multi‐Family Units within the Service Area. For the purposes of this Agreement, Multi‐ Family Units with curbside access who choose to receive Residential Collection Service and be billed as individual units will be considered Residential Customers. Multi‐Family Customers means Multi‐Family Units receiving Multi‐Family Collection Service. Multi‐Family Unit means Dwelling Units containing five (5) or more individual Dwelling Units under one common roof. For the purposes of this Agreement, recreational vehicles and mobile homes located in a recreational vehicle or mobile home park are considered Multi‐Family Units. Page 3 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 North Transfer Station or NTS means the Baker Transfer Station currently located at 1415 Charlie Day Road, Baker in Okaloosa County capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Program Recyclables means Recyclables included in the County’s Residential and Multi‐Family recycling program. Program Recyclables include incidental amounts of Rejects and non‐designated materials as can normally be expected as part of municipal recycling collection. The types of Recyclables included in the County’s recycling program may be amended by the Contract Manager. Recovered Materials means Recyclable Materials that have been processed to market specifications. Recyclable Materials or Recyclables means those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. Recyclable materials shall include mixed paper, newspaper, cardboard, aseptic cartons, glass, aluminum and steel cans, rigid plastic, and plastic bulky items. Other Solid Waste materials may be added upon agreement between the County and Contractor, when such materials have been either diverted from the remaining Solid Waste stream or removed prior to their entry into the remaining Solid Waste stream. Recycling Facility means the structure located adjacent to the Fort Walton Beach Transfer Station at which currently homogenous Recyclable Materials are received and baled. Rejects means that portion of the Recyclable Materials stream that does not consist of materials included in the definition of Program Recyclables, also referred to as Contaminates or Contamination. Required Turn Back Condition means reasonable wear and tear commensurate with the time of use, and considering the Contractor’s responsibilities for maintenance, repair, and replacement. Residential Collection Service means the curbside collection service of Solid Waste, Program Recyclables, Yard Trash, and Bulk Waste provided to persons occupying Single Family Units within the Service Area. For the purposes of this Agreement, Multi‐Family Units with curbside access who choose to receive Residential Collection Service and be billed as individual units will be considered Residential Customers. Residential Customers means customers receiving Residential Collection Service. Residue or Residuals means the portion of the Recyclable Materials stream, other than Rejects, accepted by the Contractor that is not converted to Recovered Materials due to breakage and/or transportation or processing limitations or inefficiencies. Roll Cart means a wheeled container intended for automated collection of Solid Waste and Program Recyclables, which is of a type and size approved by the County. Service Area means the specifically described geographic area assigned to Contractor for the purpose of providing Residential Collection Service, Multi‐Family Collection Service, and Commercial Collection Service. Single Family Unit means Dwelling Units, including single family residences, or any building or structure containing less than five (5) individual Dwelling Units under one common roof. For the purposes of this Agreement, recreational vehicles and mobile homes not located in a recreational vehicle or mobile home park are considered Single Family Units. Single Stream refers to a recycling process that allows for Recyclables to be collected commingled, with containers and paper collected in the same Roll Cart or dumpster. Solid Waste means garbage, rubbish, refuse, trash, or other similar discarded material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. It excludes Yard Trash and Recyclables. Solid Waste Management Facility means a disposal facility designated and approved by the County for the disposal of Solid Waste and Bulk Waste. Page 4 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 South Transfer Station or STS means the Fort Walton Beach Transfer Station currently located at 630 Martin Luther King Jr. Blvd., Ft. Walton Beach in Okaloosa County capable of receiving Acceptable Waste for further transfer to a processing or disposal facility. Ton means a short ton, 2,000 pounds. Transfer Stations means the Fort Walton Beach Transfer Station and Baker Transfer Station. Unacceptable Waste means wastes that are not accepted for Class I disposal. These materials include Infectious Waste and Hazardous Waste as defined above as well as materials exhibiting the following characteristics: Hazardous placards or markings; Liquids; Powders or dusts; Drums or commercial size containers; or Chemical odors. Other unacceptable materials include: Asbestos‐containing wastes; Ash; Fluorescent light bulbs; Mercury‐containing devices; Whole tires; or Liquid wastes. Uncontrollable circumstances means those acts beyond the reasonable control of the party relying thereon which may include, but are not necessarily limited to, the following: