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

Section 1. Jmm. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Environmental Protection discontinues the appropriation of funding or by mutual consent of either Host or Neighboring County. · Section 2. Mutual Covenants. The Host County and Neighboring County agree to the following: a) That the grant request is made jointly on behatf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. I J b) To faithfully pursue the intent and purpose of the Cooperative Collection Center Arrangement Grant c) To conduct the Neighboring County hazardous waste collection and all associated i ..' I business In strict accordance with 811 applicable laws, regulations and grant rules as set forth by the Florida Department of Envtronmental Protection, and utmze the grant funds solely for the purpose authorized. '•. i '"*. 2714463 Ell<: 2991 P0:3951S,Page 1 4 R8cxirdld 07/Dlil2011 02:03 PM. cl CONTRAC'f # C99-oll4-PW ' 81 RECORCING: $19.50 RECORDING ARTICLE V: $1S.OO JACKSON COUNTY USJt: OF CO-OP COLLECTION CENTER &"'<PIRES: INDEl<'INITE l DEPUTY Q.ERJ< 1<9CHOOLCRAFT OOHW HOWARDQ.ERK Ql:<XllJRT6..QJSA~COUNlY. lil. DEP Agreement No. :SUI 11, Attacnment r, Page 17 of 32 l• l  0 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. Ruoonslbllities. a) Of the Host County. (1) The Host County must have an established and operational hazardous waste collection center and must have a licensed, insured private hazardous waste management company under contract, hereafter referred to as ·contractor", that will be responsible for collecting hazardous waste and assuring the delivery of that waste to an approved recycling, storage, treatment, or disposal facility. (2) A Host county shall: l (a) Assign a project manager to work with the Neighboring County government to establish a she In the Neighboring County for mobile hazardous waste collection. Il The hazardous waste collection will be free to the Neighboring County households and will be offered at a reduced fee to conditionally exempt small quantity generators for the collection and proper management of their waste. I Assist the Neighboring County In publicizing and advertising the Neighboring ' (b) County's hazardous waste collectiOn days. t (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with ~pies of all paperwork from its Contractor associated with the Neighboring County's collection, including the contractors final invoice for services ancfhazardous waste shipping manifest forms. (e) Pay the contractor for the Neighboring County's hazardous waste collection, and all up front costs 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 not to exceed $7,000.00. t ~ (3} The Host County may, upon completion of the Neighboring County's hazardous waste • ; collection, request payment of an additional $10,000 grant for acting as the host local f government under a COOperative Collection Center Arrangement and submit an invoice to tlle Department for reimbursement of 75% of the actual cost of the Neighboring County's conectfon not to exceed the face amount of the grant. i b} Of the Neighboring County: A Neighboring County shall: I i i DEP Agreement No. S0717, Attachment F, Page 18 of32 l  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 coHection (4) costs. 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 pubUdze the collection day. This information will be distributed to the local media, 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 small 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 permitted facility. Section 4. Default and Temlination. The failure of any party to comply with the provisions of this Agreement shall place that party In default Prior to tennlnating the Agreement With respect to the defaulting party, the non-defaultl".'.9 party shall notify the defaulting party and aJI other parties In writing. Notification shall make specific reference to the provision whiCh gave rise to the default and shall specify a reasonable period of time for the defaulting party to cure tfte default. In the event I said default is not cured within the time provided, this Agreement with respect to the defaulting party may be terminated. The failure of any party to exercise this right shall not be considered a waiver Of such rlaht in the event of any further default or non-compliance. In the event of tennination, the defaultfng l>_!lrly shall return any unexpended grant funds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may I. terminate the Agreement In writing with 90 days notice. Section 5. Modification. This Agreement may be modified at any time by mutual written consent of the parties and by pennission of the Florida Department of Env;ronmental Protection, if such Is required. Section 6. Indemnification. SY~Jeet te tl=te pr&Asiens of SeetJen 788.28, F.S. eaGh Cel:tnty agFees te iRdemAlfy, &a'le MEI held t:laFmle66 aH other par:ty FR&fRbefs fFem any and all ll&lllties, elaiffl8 er damates ef any kfREI ·.vt:tleh are er may 9e IFAp068EI for My of Its negAgent aets 9' omisslens er ttie Aegligent aets er e&ffH~ieeleAB of its offieeF6, empleyees or ageAta aFi&lng eyt of er p1:1F61:18At te this Agr-eement and/Gr the hazaraol:IS waste mElffagemeAt pregrame feF whleh these graAt twnEis are seught This lneemnlfieatlon Each County agrees to be responsible for any and an DEP Agreement No. S0717, Attachment F, Page 19 of32  0 0 liabilities, claims, or damages of any kind which may be imposed as a result of the negligence or other wrongful act of the County or the County's employees; PROVIDED, that this agreement shall not result in, or be construed to mean, a waiver of sovereign Immunity by either county with respect to claims by third parties. Section 7. Notices. Any notices required by this Agreement shall be sufficient if sent by the parties in the United States mail, postage paid, to the address noted below: I ~ f !• it If to Okaloosa County: Chairman, OkaJoosa County Board of