Okaloosa County BOCC — November 4, 2014 — C03-0898-TDC — reading text

for any service modifications caused by or resulting from Customer's failure to provide access. Customer warrants that Customer's property is sufficient to bear the weight of Company's equipment and vehicles and that Company shall not be responsible for any damage to the Customer's property resulting from the provision of services. 7. LIQUIDATED DAMAGES. In the event Customer terminates this Agreement prior to the expiration of the Term for any reason other than as set forth in Section 3, or in the event Company terminates this Agreement for Customer's default, Customer shall pay the following liquidated damages in addition to the Company's legal fees: (a) if the remaining initial Term under this Agreement is six or more months, Customer shall pay its most recent monthly Charges multiplied by six; (b) if the remaining Initial Term under this Agreement is jess than six months, Customer shall pay tts most recent monthly Charges multiplied by the number of months remaining in the Term; (c) if the remaining Renewal Term under this Agreement is three or more months, Customer shall pay its most recent monthly Charges multiplied by three; or (d) if the remaining Renewal Term under this Agreement is less than three months, Customer shall pay its most recent monthly Charges multiplied by the number of months remaining in the Renewal Term. Customer acknowledges that the actual damage to Company in the event of termination is difficult to fix or prove, and the foregoing liquidated damages amount is reasonable and commensurate with the anticipated loss to Company resulting from such termination and fs an agreed upon fee and is not imposed as a penalty. Customer shall pay liquidated damages of $100 for every Customer waste tire that is found at the disposal facility. 8. INDEMNITY. The Company agrees to indemnify, defend and save Customer harmless from and against any and all liability which Customer may be responsible for or pay out as @ result of bodily injuries {including death), property damage, or any violation or alleged violation of law, fo the extent caused by any negligent act, negligent omission or willful misconduct of the Company or its employees, which occurs (a) during the collection or transportation of Customer's Waste Materials, or (b) as a result of the disposal of Customer's Waste Materials in a facility owned by the Company or a subsidiary of Waste Management, Inc., provided that the Company's indemnification obligations will not apply to occurrences involving Excluded Materiais. Customer agrees to indemnify, defend and save the Company harmiess from and against any and all liability which the Company may be responsible for or pay out as a result of bodily injuries (including death), property damage, or any violation or alleged violation of law to the extent caused by Customer's breach of this Agreement or by any negligent act, negligent omission or willful misconduct of the Customer or its employees, agents or contractors in the performance of this Agreement or Customers use, operation or possession of any equipment furnished by the Company. Neither party shall be liable to the other for consequential, incidental or punitive damages arising out of the performance of this Agreement. 9. RIGHT OF FIRST REFUSAL. Customer grants to Company a right of first refusal to maich any offer relating to services similar to those provided hereunder which Customer receives {or intends to make) upon termination of this Agreement for any reason and Customer shall give Company prompt written notice of any such offer and a reasonable opportunity to respond to it. 10. MISCELLANEOUS. (a) Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events or significant threats of events beyond its reasonable control, whether or not foreseeable, including, but not limited to, strikes, labor trouble, riots, imposition of laws or governmental orders, fires, acts of war or terrorism, acts of God, and the inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events. (b} This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective successors and assigns. (c} This Agreement represents the entire agreement between the parties and supersedes any and all other agreements, whether written or oral, that may exist between the parties. (d) This Agreement shall be construed in accordance with the law ofthe state in which the services are provided. (e) All written notification to Company required by ‘this Agreement shall be by Certified Mail, Return Receipt Requested. (f} Any blanks or unfilled-oruhmarked boxes or spaces on this e:, + first page shall be deemed to be, inapplicable and not affectsthe validity of this Agreement. 5. CHANGES. Changes in the trequency of collection service, schedule, number, capacity” * “(g} If-arly provision of TRIB Agreement ig declared ‘invalid ‘or unenforceable, then such provision shall be, severed from and shall not affect.the remainder of this Agreement, however, the partiés shall arnend this" Agreement to give effect, to the maximum extent allowed, to the intent and meaning of the severed provision. (h) In the event the Company successfully enforces its rights: ‘against. Customer: pereunder, the Customer shall be required to pay thé” Company's attorneys’ fees and court costs. “ f° SERVICE AGREEMENT Renewal Contract Kx WASTE MANAGEMENT NON HAZARDOUS WASTES SIC Code Type of Business CONF CENTER WASTE MANAGEMENT OF FLORIDA FORT WALTON BEACH, FL 32548 Wh 1 4 3 1 0 4 9 NE: 800-862-7141 FAX: 850-664-6059 Popes CUSTOMER ACCOUNT NO._233- 622 ¥¥ . AHX x REASON CODE Uv 5 Call CONTRACT RENEWAL EFFECTIVE DATE 3-2F7- ob ACCOUNT A BILLING NAME emercld Coes Conlerence Cente NAME SERVICE 1250 pirecle Sh? Pkengy BILLING ADDRESS ADDRESS Ain ke city, zip__To-d_ welh. beh F/ 3 2*5ys CITY, ZIP. = COUNTY/PARISH __@€ COUNTY/PARISH TEL#_¥so b0%- 3$00 raxe ¥SO b09-5045" TEL# FAX # contact Bill we Dov “ CONTACT EQUIPMENT/SERVICE SPECIFICATIONS Loc. System Quantity Size Lids Wheels Lock Frequency On Cail Schedule & Route No. Charge(s) tle i 4Ge¢ Hee i VW |Mon.___Tues.___Wed.___Thur___Fri__Sat___Sun._| $ 12S. 50 ie a : Sz | he be Mon.___Tues.____Wed._Thur._Fri._Sat__Sun._| $ 374. F¥9 tin a $e : $ Month 2 : Mon,____Tues.__Wed.__Thur._Fri.__Sat.__Sun.__| Lift Q $ Month Q Mon.____Tues.__Wed.__sThur.____Fri___Sat__ Sun.__} Lift Qa Map Code / Driver Notes: $ Total Month Q Lift Q [ CONTRACT: CONFERENCE CTR . Month O = TRASH DUMPSTER/COMPACTOR on.__Tues.__ Wed._Thur,__ Fri Sat. Sun. $ —— 3 | CONTRACT NO.: €03-0898-TD6-42 on,__Tves_Wed_Thur_Fri_sat_sin_|§ - ie WASTE MANAGEMENT lon,__Tuos._Wed,__Thur_F,__Sat__sin,_|$ ita = ‘X PIRES: ( - EXPIRES: 3/28/2009 NET CHANGE | $ Monn a : : ae % : + SPECIALINSTRUCTIONS ==” | wm 1431049 CUSTOMER DEPOSIT RENEWABLE Y . SCHEDULE OF CHARGES Service Charge per Month $ A TERM 36 wou} L Casters/Locks $ icra yeaah m3 Sa Extra Pick-up Charges _ _ _ Per Lift $ GCONTRAGT_#C03-0898-TD6-42 Per it. : Per Ton $ JOB NUMBER EXPTRES 3/28/2009 Hauling per Load $ {20a . Disposal per Ton $ Yo. 32 RECEIPT REQUIRED? 'N : BILL TO ACCT # Disposal per Load $ A Total per Load $ TAXABLEN— °° ~. TAX EXEMPT DISPOSAL SITE Delivery Charge $ ae SSN eS : Scheduled Charge $ _ Removal Charge $ THE UNDERSIGNED INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF Trip Charge $ OF CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ AND Franchise Fees $ UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT, ON Minimum Charge per Month $ THE REVERSE SIDE, AND THAT HE/SHE HAS THE AUTHORITY TO SIGN ON BEHALF OF THE CUSTOMER. OKALOOSA, COUNTY TERMS: NET 10 DAYS CUSTOME y (’ CONTRACT£R UM ’ ¢ S bev look mcur (AUTHORIZED SIGNAFURE) ALS og AUTHORIZED SIGNATURE) ° JAMES D., | CURRY, COUNTY ADMANTSTRATOR (TITLE) J (DATE) NAME (PRINT OR TYPE) hile 3 -3/-66 ww wa Wr Gar ie WASTE LANAGEMENT WASTE MANAGEMENT OF FLORIDA 108 NW HILL AVE FORT WALTON BEACH, FL 32548 PHONE: 800-862-7141 ORIGINAL NON HAZARDOUS WASTES SIC Code __23 Type of Business Convention Center WM 1336485 FAX: 850-664-6659 CUSTOMER ACCOUNT NO. - (? oc k i ) REASON CODE iv) 8 o EFFECTIVE DATE 3-25-03 ACCOUNT ; BILLING NAME oke lose County Convent Qo Centen NAME Oke [pose County B CC SERVICE ___12¢0 _Wurache ster Peery BILLING __¢/ TI ADDRESS ADDRESS Po Box 604 CITY, ZIP Fo-d Welle. fesch Fi ase city, zip_ ford tye Hon Reel FI 32549 COUNTY/PARISH __O€ COUNTY/PARISH ___© ¢ TEL#_€% 609 -Sot/ FAX# _€S0__604 -£033 TEL# bst-743) FAX # XXXXXE contact __ Bill o- Dow's contact BILL LEAMAN * EQUIPMENT/SERVICE SPECIFICATIONS Loc. System Quantity Size Lids Wheels Lock Frequency On Call Schedule & Route No. Charge(s) zlo Leas Nef / |Mon,___Tues._Wed._Thur._Fri._Sat_sun_| $ 352 .4a n a : Mon.__Tues.___Wed.__Thur_Fri__Sat__Sun__| 9 8 Month OQ Mon. Tues. Wed.___ Thur. Fri Sat. Sun. $ Lift a = I $ Month QO *4on. Tues. Wed.___ Thur. Fri Sat. Sun. Lift Q Mab CONTRACT: CONFERENCE CENTER $ Total Month © L PRASET COMPACTOR SERVICE Sea | CONTRACT NO.: €03-0898-TI3-42 mn. Tues._Wed,_Thur,__Fi_sat_sun_| $ Lift WASTE MANAGEMENT OF FLORIDA on__Tues.___Wed,__Thur_Fri.__Sat__Sun__|9 Meg r— ENPERES: 3/27/2000 $ Month O Tues. Wed. Thur. Fri.___—s Sat. Sun.__| Lift a netcHance |$ 3g). op Me" N CUSTOMER DEPOSIT RENEWABLE __Y€S SCHEDULE OF CHARGES Service Charge per Month $ TERM 36MONTHS Casters/Locks $ -Extra Pick-up Charges Per Lift $ P.O. NUMBER Per Yard $ Per Ton $ JOB NUMBER Hauling per Load $ 160-00. Disposal per Ton $ __ $70.06 RECEIPT REQUIRED? N_ (Y/N) BILL TO ACCT # Disposal per Load $ Total per Load $ TAXABLE SL (Y/N) DISPOSAL SITE Delivery Charge $ Scheduted Charge $ Removai Charge $ THE UNDERSIGNED INDIVIDUAL SIGNING THIS AGREEMENT ON BEHALF Trip Charge $ OF CUSTOMER ACKNOWLEDGES THAT HE/SHE HAS READ AND Franchise Fees $ UNDERSTANDS THE TERMS AND CONDITIONS OF THIS AGREEMENT, ON Minimum Charge per Month $ THE REVERSE SIDE, AND THAT HE/SHE HAS THE AUTHORITY TO SIGN ON BEHALF OF THE CUSTOMER. TERMS: NET 10 DAYS CUSTOMER OKAL 7 i Lo CONTRACTOR ° WA (QXOTHORIZED SIGNATURE) CHRIS HOLLEY Y MANAGER ATE: 4 vA 7/0 3s 7 COUNT ; olo 2-24-03 6051-SRE (Rev 02/01) TERRITORY NUMBER (DATE) OFFICE VLA Waste Managomer re Waste Management, Inc. of Florida 108 Hill Avenue Fort Walton Beach, FL 32548 1-800-862-7141 (850) 664-6659 Fax January 20, 2003 Emerald Coast Conference Center Attn: Bill Okaloosa Island Fort Walton Beach FL Dear Bill, We appreciate the opportunity to submit this proposal to you for your refuse needs at the Emerald Coast Conference Center. At Waste Management we are committed to providing you with the most efficient service in our industry. Submitted is a cost breakdown of leasing the RJ 250-SC 34cubic yard compactor from us. Compactor lease Rate per month...................ccccecsceeceeeeeeesaesceens $ 352.00 Which includes: Side feed doghouse w/o door interlock (assembled & mounted) An advanced warning light 80% full :A 96gallon cart dumper and ten (10) 96 gallon carts. ** If ten (10) additional carts are needed, the above lease rate will increase by $20.00 a month. Hauling Fee (occurs each time taken to transfer station for dumping)...$ 100.00 Disposal Fee per ton at Okaloosa County Transfer Station ............... $ 50.00 **We at Waste Management do not supply any outside contractors for any electrical or concrete work. Three (3) Phase power is necessary for this application. It will take between 30-45 days-from your initial request to order the compactor until it is fully operational on your property. The compactor is custom fabricated to meet your needs at the Emerald Coast Convention Center. We do require a signature for a sixty (60) month service agreement.We Thank you for the opportunity to serve you. Steve Cookman Account Manager INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by law, ARCHITECT/ENGINEER shall