Okaloosa County BOCC — October 7, 2014 — reading text

Indemnification. Subject to the provisions of Section 768.28, F.S. each County agrees to indemnify, save and hold harmless all other party members from any and all liabilities, .. f l l DEP Agreement No. S07 l 7, Attachment F, Page 7 of 32 Packet Pg. 499  0 I, 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, employees or agents arising out of or pursuant 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. 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: If to Okaloosa County: Chairman, Okatoosa County Board of County Commissioners 1804 Lewis Turner Blvd. Fort Walton Beach, FL 32547 If to Franklin County: I I. Section 8. Recording. Each County, upon execution of this Agreement will record a copy of this Agreement in its public records and send a copy to the Florida Department of Environmental Protection. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day and year first above written. i •' .l BOARD OF COUNTY COMMISSIONERS OKALOOSA COUNTY, FLORIDA DEP Agreement No. S07 l 7, Attachment F, Page 8 of 32 Packet Pg. 500  0 **tit Okaloosa Councy B(tapproval 12-15-09. INTERLOCAL AGREEMENT BETWEEN OKALOOSA COUNTY AND GADSDEN COUNTY FOR THE REQUEST AND USE OF THE COOPERATIVE COLLECTION CENTER ARRANGEMENT GRANT ...... This lnterlocal Agreement made ~.nd enter~ i~to this _20th_ day of _October_ 2009, by and between Okaloosa County, a political subd1v1s1on of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Host County", and Gadsden County, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereafter referred to as "Neighboring County". WITNESSETH: WHEREAS, the State of Florida has adopted the 1988 Solid Waste ManagemenfAct which prohibits disposal of hazardous waste into municipal and sanitary landfills; and, WHEREAS, the State of Florida recognizes the need for local governments to administer hazardous waste collection to provide opportunities to its citizens for proper hazardous waste management; and, 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, WHEREAS, the Host County and Neighboring County have developed a joint grant request, endorsed by both Boards of County Commissioners, and approve the request by lnterlocal Agreement; NOW, THEREFORE, in consideration of the mutual benefits to each other, the Host County and the Neighboring County agree as follows: Section 1. Term. The term of this Agreement shall be in effect from the date set forth above until the Florida Department of Envirorvnental Protection discontinues the appropriation of funding l or by mutual consent of either Host or Neighboring County. it Section 2. Mutual Covenants. The Host County and Neighboring County agree to the ~ollowing: a) That the grant request is made jointly on behalf of both counties and is hereby approved by both counties to be submitted to the Florida Department of Environmental Protection by the Host County. 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 business in strict accordance with all applicable laws, regulations and grant rules as set forth by the Florida Department of Environmental Protection, and utilize the grant funds solely for the purpose authorized. CONTRACT#: Cl...1779-PW GADSDEN COUNlY COOPERATIVE COLLECTION ARRANGEMlt:NT EXPIRES: INDEflNITE DEP Agreement No. 80717, Attachment F, Page 9 of32 Packet Pg. 501  0 0 d) That the Neighboring County's collection will be held after execution of a contract with the Florida Department of Envir:onmental Protection for funding and no later than November 1, of each contract year. Section 3. Responsibilities. I.. ; a)· Of the Host County. ' (1) The Host County must have an established and operational hazardous waste collection t 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. I •• f • (2) A Host County shall: (a} Assign a project manager to work with the Neighboring County govemment to establish a site in the Neighboring County for mobile hazardous waste collection. 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. (b) Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collect1on days. (c) Assign the project manager to be on site during the Neighboring County's collection day. (d) Provide the Neighboring County with copies of all paperwork from its Contractor associated with the Neighboring County'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 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. (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 government under a Cooperative Collection Center Arrangement and submit an invoice to the Department for reimbursement of 75% of the actual cost of the Neighboring County's collection not to exceed the face amount of the grant. DEP Agreement No. 80717, Attachment F, Page 10 of32 Packet Pg. 502  0 b) Cf the Neighboring County: A Neighboring County shall: (1) Establish a site for its mobile hazardous waste collection that is acceptable to the (2) Contractor under contract to the Host County. Work with the Host County to choose a mutually convenient date for the collection. l . f (3) (4) Guarantee funding to the Host County for payment of balance of its collection costs. Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. I •t (5) Des~nate a local project manager to work with the Host County to prepare and distri ute public awareness information on proper hazardous waste management ~ and publicize 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