Okaloosa County BOCC — October 7, 2014 — reading text

State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 30. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEPAgreementNo. S0717, Page 7 of8 Packet Pg. 476  IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. OKALOOSA COUNTY BOARD OF STATE OF FLORIDA DEPARTMENT OF COUNTY COMMISSION ENVIRONMENTAL PROTECTION By: _ _ _ _ _ _ _ _ _ __ By: _ _ _ _ _ _ _ _ _ _ _ __ Charles K. Windes, Jr. Secretary or designee Title: Chairman Date:_ _ _ _ _ _ _ _ _ _ _ __ FEID No.: 59-6000765 DEP Contracts Administrator *For Agreements with governmental boards/commissions: If someone other than the Chairman signs this Agreement, a resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must accompany the Agreement. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment Grant Work Plan (4 Pages) Attachment Payment Request Summary Form and Instructions (2 Pages) Attachment Contract Payment Requirements Cl Page) Attachment Progress Report Form (1 Page) Attachment Special Audit Requirements (5 Pages) Attachment lnterlocal Agreements (32 Pages) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0717, Page 8 of 8 Packet Pg. 477  ATTACHMENT A GRANT WORK PLAN The Florida Department of Environmental Protection (Department) hereby provides funding to the Grantee to be the host local government in establishing a hazardous waste cooperative collection center arrangement with the Neighboring Counties, in accordance with: I. Section 403.7265, Florida Statutes; 2. Any subsequent policies regarding local hazardous waste collection centers with the Department shall provide to the Grantee during the term of this Agreement; and, 3. The Interlocal Agreements (Attachment F), attached hereto and made a part hereof. Any terms of the Agreement and Attachment A that vary from those contained in Attachment H, shall have precedence. Grantee Responsibilities: The Grantee shall act as a host local government for a hazardous waste collection in the Neighboring Counties identified in this attachment. In order to act as a host local government, the Grantee is responsible for the following: ~ having an established operational hazardous waste collection center that offers hazardous waste management services to households and conditionally exempt small quantity generators (CESQGs); ~ developing and following an operational and contingency plan to ensure that waste is managed in a safe working environment to minimize the risk of injury, accidents, and spills; and that only waste generated by CESQGs and households is accepted at the center; ~ ensuring that the hazardous waste collected at a Neighboring County event is delivered to either a recycling facility that operates in accordance with all applicable regulations, or a permitted treatment, storage or disposal facility; and, ~ having and using an EPA identification number when shipping waste. The Grantee shall be responsible for the completion of the following tasks under this Agreement: Task 1 - Hazardous Waste Collection in Neighboring County The Grantee, in accordance with the Interlocal Agreement(s), is responsible for planning and conducting a hazardous waste collection event in each Neighboring County identified in this Agreement. This shall include the completion of the following activities: 1. Establish a site in the Neighboring County for a mobile hazardous waste collection to be held no later than May 31, 2015. 2. Conduct an event that will offer households and conditionally exempt small quantity generators (CESQG) collection and proper management of their hazardous waste including Cathode Ray Tubes in TVs and computer monitors and other consumer electronics. Unacceptable materials include white goods (stoves, refrigerators, water heaters, dryers, etc.). The service will be free for households and a reduced fee for CESQGs. 3. Assist the neighboring county with advertising the event and distributing public awareness information on proper hazardous waste management to local media, schools, agricultural agents, realtor associations, civic service organizations, and to Earth 911 via their website at www .Earth9 l l .org. 4. Develop and follow an operational site-specific health and safety plan for the cooperative collection event to ensure that waste is managed in a safe working environment to minimize the risk of injury, accidents, and spills; and that only waste generated by CESQGs and households is accepted at the event. DEP Agreement No. S0717, Attachment A, Page 1 of 4 Packet Pg. 478 5. Ensure that any electronics demanufacturing/recycling contractor used on a contractual or lot bid basis must meet the following minimum requirements used in the state electronics recycling contract. The contract is available at http://www.dep.state. fl. us/waste/categories/electronics/pages/contract.htm for reference. a. Large Quantity Handler of Universal Waste Batteries notification (not necessary for demanufacturers/recyclers that handle only TVs) b. Mercury-Containing Device Handler registration (not necessary for demanufacturers/recyclers that handle only TVs) c. Insurance type (required) and limits (recommended) - Workers Compensation - legally required limits - Commercial General Liability - $1,000,000/occurrence, $2,000,000 aggregate d. Hold Harmless Endorsement - holds county and state harmless e. Documentation of end markets for equipment (monitors, TVs, CPUs, printers, phones, etc.), recovered components (chips, drives, circuit boards, batteries, etc.) and recovered materials (ferrous metal, nonferrous metal, cones, leaded glass, plastic, etc.). The list of equipment or materials for which end markets shall be documented will depend on the level of demanufacturing involved. For example, if a TV is being sold as is for repair, documentation of recovered components of materials will not be required. Documentation may be in the form of (1) letters of agreements/contracts on subcontractor letterhead; (2) copies of agreements/contracts indicating scope of agreement, dates and signatures; or (3) sworn affidavit from contractor on contractor letterhead. Such documentation shall specify the specific materials involved, time period for which agreement or affidavit is valid, and a general description of the material disposition (precious metal recovery, sale to repair facility, resale to public, secondary lead smelter, etc.). If materials are being exported, documentation must indicate that the materials are being bought by the importer for a reasonable, commercial value, that is, for more than a token value. 6. Have one or more staff on-site during the collection. 7. Collect from each Neighboring County the remaining 25% of the total cost of the hazardous waste collection, unless the Grantee has made arrangements with the Neighboring County to be responsible for these expenses in the Interlocal Agreement, and any additional funds necessary to equal the total cost of the collection should it exceed the total funding available under this Agreement. 8. Pay its hazardous waste management company for the transportation and proper disposal of the hazardous waste. 9. Reuse or recycle collected latex paint to the extent possible. 10. The Grantee, in accordance with the Interlocal Agreement, Attachment F, shall require each Neighboring County to be responsible for: a. Establishing a site for its mobile hazardous waste collection to be held no later than May 31, 2015. b. Guaranteeing funding for payment of25% of its total collection cost to the Grantee unless otherwise agreed upon as evidenced in the Interlocal Agreement. c. Providing funding for any additional costs, which exceed the Department's maximum reimbursement for 75% of the total collection cost, with such payment due the Grantee within a specified time frame. d. Establishing a local project manager to work with the Grantee to publicize the collection event and to prepare and distribute public awareness information on proper hazardous waste management. DEP Agreement No. S0717, Attachment A, Page 2 of 4 Packet Pg. 479  This information shall be distributed to the local media, schools, agricultural agents, local realtor associations, civic service organizations, and to Earth 911 via their website at www.Earth91 l .org. e. Attending the collection and assisting the Grantee in overseeing the paperwork at the close of the collection. 11. The Grantee shall perform the above activities in the following Neighboring Counties: Calhoun, Franklin, Gadsden, Holmes, Jackson, Liberty, Santa Rosa, and Walton. Timeline: Task I must be completed no later than May 31, 2015. Maximum Cost: $107,000 Task 1 Budget by Category for each Neighboring County: la Calhoun County Maximum Cost: $9,000 Contractual Services: $9,000: for collection, processing, and disposal ofHHW lb Franklin County Maximum Cost: $10,000 Contractual Services: $10,000: for collection, processing, and disposal of HHW le