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

Acts of god, such as storm, flood or earthquake; Civil disturbances, such as riots, revolutions, rebellion or insurrections; Any wars (whether declared or not), hostilities or invasions; Accidents or disruptions, such as fires or explosions; or Labor difficulties, such as strikes, lockouts, or sabotage. White Goods means discarded washers, dryers, refrigerators, ranges, microwave ovens, water heaters, freezers, small air conditioning units, and other similar domestic large appliances. Wright Landfill means the County‐owned property located at Percy Land and North Beal Extension, Ft. Walton Beach in Okaloosa County. Yard Trash means vegetative matter resulting from landscaping maintenance, including accumulation of lawn, grass, shrubbery cuttings or clippings and dry leaf rakings, palm fronds, small tree branches (which shall not exceed six (6) feet in length and four (4) inches in diameter, and fifty (50) pounds or less per bundle), bushes or shrubs, green leaf cuttings, fruits, or other matter usually created as refuse in the care of lawns and yards, except large branches, trees, stumps, or bulky or non‐containerized material not susceptible to normal loading and collection in loader packer type sanitation equipment used for regular collections from domestic households. Yard Trash does not include any form of matter or debris resulting from tree removal, land clearing, land development, building demolition, home improvement, or waste generated by tree surgeons. Additionally, Yard Trash does not include debris generated by landscapers or lawn maintenance services when removed from the origination site and placed on another property for pick‐up. Page 5 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 2. AGREEMENT TERM Effective and Commencement Dates The Effective Date is the date the Agreement is executed and has been signed by the County and Contractor, whichever date is later. The Commencement Date is the date that services required by this Agreement shall commence. The Commencement Date shall be April 1, 2016. Initial Term The term of this Agreement shall be for a period of ten (10) years beginning on the Commencement Date, April 1, 2016, and terminating March 31, 2026. Renewal Option At the sole option of the County, this Agreement may be renewed for two (2) additional terms of five (5) years under the same terms and conditions as the initial term, including amendments. Contractor shall be notified by the County no later than March 31, 2025 of its intent to renew or not to renew the Agreement. If renewed, the first additional five (5) year term will begin on April 1, 2026, and terminate on March 31, 2031. If the first renewal option is implemented Contractor shall be notified by the County no later than March 31, 2030 of its intent to renew or not to renew the Agreement. If renewed, the second additional five (5) year term will begin April 1, 2031, and terminate on March 31, 2036. ARTICLE 3. SOLID WASTE AND RECYCLABLES COLLECTION SERVICES Exclusive and Non‐Exclusive Services 3.1.1. Exclusive Services Contractor is herein granted the exclusive right to provide the following collection services in the Service Area as specified in this Agreement: a. Residential Collection Service including the collection of residential Solid Waste, Program Recyclables, Yard Trash, and Bulk Waste. b. Multi‐Family Collection Service including the collection of residential Solid Waste and Program Recyclables. c. Commercial Collection Service including the collection of commercial Solid Waste beginning June 1, 2016. 3.1.2. Non‐Exclusive Services 3.1.2.1. Contractor is not granted the exclusive right to collect C&D debris, Bulk Waste or Yard Trash from Multi‐Family Units or Commercial Businesses, or contractor‐generated waste. In addition, Contractor is not granted the exclusive right to collect residential Yard Trash that exceeds the collection preparation and size requirements or Bulk Waste that exceeds one (1) collection event per Dwelling Unit per month. Contractor may provide these services at competitive rates that shall not be controlled by this Agreement. Residential Customers may place out for collection small amounts of C&D debris resulting from minor home improvements as part of regular Residential Collection Services. 3.1.2.2. Contractor is not granted the exclusive right to collect commercial Recyclables. However, Contractor shall provide commercial Recyclables collection service to Commercial Businesses as stipulated in Article 3.8.2. of this Agreement. 3.1.2.3. The County reserves the right to exclude collection of other materials from this Agreement in the future for the purposes of increasing waste reduction. Page 6 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 Title to Solid Waste and Recyclable Materials The Contractor shall have title to all Solid Waste and Recyclables upon collection; provided, however, the County reserves the right at all times to elect and hold title and ownership to all or a portion of the Solid Waste and Recyclables collected by the Contractor pursuant to this Agreement. Such election by the County shall be in writing signed by the Contract Manager. Infectious Waste, Hazardous Waste, Biomedical Waste, and Biological Waste The Contractor shall refuse to collect Solid Waste from a customer if the Contractor believes such Solid Waste contains Infectious Waste, Hazardous Waste, Biomedical Waste, or Biological Waste. Contractor shall place a non‐collection notice on the container, Roll Cart, or materials explaining why collection was not made. Contractor shall not be required to collect and dispose of Infectious Waste, Hazardous Waste, Biomedical Waste, or Biological Waste, but may offer such service in the Service Area. Any of those types of materials collected by the Contractor, knowingly or unknowingly, shall be the Contractor’s sole responsibility and liability for disposal in strict compliance with all Applicable Law. Transition of Collection Services 3.4.1. Transition Prior to Commencement of Collection Services Contractor shall participate in transition meetings as scheduled and conducted by the Contract Manager to plan and manage the transition process so that no service interruption occurs. Contractor is responsible for providing a smooth transition in services to minimize inconvenience to customers. To accomplish this objective, Contractor shall submit to the Contract Manager, no later than thirty (30) Days following the Effective Date, a transition plan that provides a detailed description of how Contractor will plan and prepare for providing Residential Collection Services and Multi‐Family Collection Services leading up to the Commencement Date, as well as Commercial Collection Services beginning June 1, 2016. The transition plan must meet the approval of the Contract Manager. At a minimum, Contractor must address the following specific performance requirements in the transition plan and accomplish them according to deadlines specified in the plan: a. Coordination of meetings with the outgoing contractor and the County, if necessary. b. Schedule of Residential and Multi‐Family Collection Service transition meetings with County staff leading up to the Commencement Date. c. Schedule for obtaining any additional necessary labor, vehicles, equipment, and containers. d. Schedule of Commercial Collection Service transition meetings with County staff leading up to the commencement of exclusive collection services on June 1, 2016. e. Schedule for removal and replacement of containers utilized by outgoing contractor for Commercial Collection Service. f. Schedule for providing a vehicle and equipment list and route summary to the Contract Manager and ensuring that all vehicles are street legal (registered, insured, licensed, and tagged) prior to the Commencement Date. g. Schedule for providing residential routes and map information in a format acceptable to the Contract Manger. h. Schedule for delivering County‐provided information brochure to all customers (existing & new) prior to the Commencement Date. i. Schedule for conducting dry‐runs of collection routes. j. Schedule for testing/calibrating truck‐mounted Radio Frequency Identification (RFID) readers. k. Coordination with the County to ensure transmission of asset management database and other associated information for Roll Cart management. Page 7 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 l. Schedule for onsite training for County staff on the use of web‐based asset management and service verification software by appropriately‐trained professional personnel. 3.4.2. Solid Waste Service Contracts 3.4.2.1. Any and all contracts that provide Solid Waste collection service and/or related Solid Waste services to Multi‐Family Units