Okaloosa County BOCC — October 21, 2014 — S0717attachment F — reading text

Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. CONTRACT: <'.OOP C:Ol.U:CTION c:IO:NTl-:Jl CONTRACT NO.: ('96-0216-SWl-IJ JK>t.!\U•:s corwn· ...:xr11u:s: JN1n:nNnt: DEP Agreement No. 80717, Attachment F, Page 13 of32 ... 0 i f t l' d) That the Neighboring County's collection will be held after execution of a contract with the ! Florida Department of Environmental Protection for funding and no later than November 1. of each contract year. Section 3. Resoonsibllities. a) Of the Host County. (1) The Host Cou:: must have an established and orarational hazardous waste collection i· center and mu have a licensed, insured private azardous waste management company • t under contract, hereafter referred to as "Contractor", that will be responsible for colectlng hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment. or disposal facility. (2) A Host County shall: (a) Assi~n a project manager to work with the Neighboring County government to esta ish a site in lhe Neighboring County for mobile hazardous waste collection. . The hazardous waste collection wilt be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the col~n and proper management of their waste. ''· 1.. (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste coltection days. (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with ~ies of all paperwork from its Contractor associated with the Neighboring Coun s collection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. _ (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front 00$18 through Invoice purchase orders for the Neighboring County's hazardous waste collection. (f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. (3) The Host County may, upon completion of the N~boring County's hazardous waste collection, request pa6ment of an additional $10, grant for acting as the host local government under a ooperatlve Collection Center Arrangement and submit an invoice to the De~nt for reimbursement of 75% of the actual cost of the Neighboring County's collection not to exceed the face amount of the grant b) Of the Neighboring County: A Nelghbori119 County shall: DEP Agreement No. S07 l 7, Attachment F, Page 14 of 32  0 (1) Establish a site for its mobile hazardous waste collection that is acceptable to the Contractor under contract to the Host County. (2) Work with the Host County to Choose a mutually convenient date for the collection. (3) Guarantee funding to the Host County for payment of balance of its collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. (5) Designate a local project manager to work with the Host County to prepare and distribute public awareness information on proper hazardous waste management and publicize the collection day. This information will be distributed to the local medra, schools, agricultural agents, and civic and service organizations. (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated smaU quantity generators of hazardous waste in its county. (8) Work with the Host County to advertise, promote and organize a •milk-run" collection route service for regulated small quantity generators in order to obtain a reduced fee for proper disposal of their hazardous wastes at a pennitted facility. Section 4. Default and Termination. The failure of any party to comply with the provisions of this Agreement shall place that party In default. Prior to tenninating the Agreement with respect to the defaulting party, the non-defaulting party shall notify the defaulting party and all other parties in writing. Notification shall make sp8Cific reference to the provision which gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure the default In the event said default is not cured within the time provided, this Agreement with respect to the defaulting party may be tenninated. The failure of any party to exercise this right shall not be considered a waiver Of such i. right in the event of any further default or non-compliance. In the event of tennination, the defaulting party shall return any unexpended grant funds and shall comply with any requirements the Florida ' Department of Environmental Protection may impose. Additionally, either party may terminate the Agreement in writing with 90 days notice. Section 5. MPeg'catton. This Agreement may be modified at any time by mutual written consent of the parties and permission of the Florida Department of Environmental Protection, if such is required. Section 6. l=mnification. Subject to the provisions of Section 768.28, F.S. each County ~to indemi'l:save and hold tlarmless an other party members from any and all liabilities, claims or damages of any kind which are or may be Imposed for any of its negligent acts or omissions or the negligent acts or commissions of its officers, emplojees or agents arising out of or pLnUant to this Agreement and/or the hazardous waste management programs for which these grant funds are sought This indemnification shall not result in, or be construed to mean. a waiver of sovereign immunity by either county with respect to claims by third parties. DEP Agreement No. S07 l 7, Attachment F, Page 15 of 32  .. 0 Section 7. Noti{§i. Any notices required by this Agreement shall be sufficient if sent by the parties in the United tates mail, postage paid, to the address noted below: If to Okaloosa County: Chairman, Okaloosa County Board of County Commissioners 1250 N. Eglin Parkway Shalimar, Florida 32579 Chairman, Holmes County If to Holmes County: Board of County Commissioners Section 8. Recordina. Each County. upon execution of this ~reernent will record a copy of this Agreement .in HSpublic records and send a copy to the FIOrida Department of Envirohri)ental Pi'otection. . .,:· . :j . . ·.,, IN WITNESS wHGREo~;.-tt."~ parties hereto have caused this Agreement to be executed on the day ." '·' ·~ . · · . alid ye~u ~rst above written. . .: . ; BOARD OF COUNTY COMMISSIONERS HOLMES COUNTY, FLORIDA .. Chairman. Earl Stafford . f ATIEST: ~J DEP Agreement No. S0717, Attachment F, Page 16 of 32  0 0 ~ t l I INTERLOCAL AGREEMENT BElWEEN OKALOOSA COUNTY AND JACKSON COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT This lnterlocal Agreement made and entered into this 2J..IJ-u day of tJso.~ 2011, by and between Okaloosa County, a polltfcal subdivision of thi""Stite of Florida, y through lts Board of County Commissioners, tiereafter referred to as •Host Coumy', and Jackson County, a political subdivision of the State of Florida, by and through its Board of county Commlssioners, hereafter referred to as "Neighboring County'. WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste Management Ad. which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, t WHEREAS, the State of Florida recognizes the need for local governments to administer { . hazardous waste collection to provide opportunities to its citizens f6r proper hazardous waste management; and, J WHEREAS, the Host County and Neighboring County have determined that a joint and cooperative effort Is a viable approach to the proper and cost effective management of the Neighboring County's hazardous waste stream; and, l WHEREAS, the Host County and Neighboring County have developed a joint grant request, 1 endorsed by both Boards of County Commissioners, and approve the request by lntertocal Agreement, I NOW, THEREFORE, in consideration Of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: i t