Okaloosa County BOCC — April 1, 2014 — reading text

of the attached MS Word doc, and have them execute 3 originals IF they are even still interested. Thanks, Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 651-7502 Packet Pg. 634 Please note: Due to Florida's very broad public records laws, most written communications to or from County employees regarding County business are public records, available to the public and media upon request. Therefore, this written e-mail communication, including your e-mail address, may be subject to public disclosure. Packet Pg. 635  " RECEtVD DEC iO CONTRACT & LEASE INTERNAL COORDINATIONIHEET Coñfrac$/lease Number Trocking Number LQ Contractor/Lessee Name J4 1)C41 Grni ffinded YEL.. Nook éyrpq5e Li4 1Ma d1eflrm iJ4*±- J84I 1 0 cREAER ThiAN $50000 AmbJP.1f 44Pd- 2 0 GREATER THAN $25000 Deportment 3 Li $25,000 OR LESS D$t tonftor Nane J4f-# ocument has been reviewed ond (nJudes any aftoc - Y cP n or exhibits, Purchasing Review or sigri e. Risk Management RevieW Approv as w n Date • ny AI!Rmey Review •• •. V We cooity , Aftomey, - - Foilowtng Okaloosa County approval , £ Grants Document has b9en recelveØ' H •,. : •: Packet Pg. 636  AGREEMENT FOR WASTE WATER DISPOSAL AND TREATMENT Okaloosa County Water and Sewer (COUNTY) takes pridc in the operation of our Wastewater Treatment aEi44ies The County wishes to enter into an agreement to receive-ad-treat, and dispose landfill leachate from Waste Managementof Leon County, Inc.-'s Springhill Regional Landfill (CONTRACTOR). The scope of which is as follows: PREMISES UPON WHICH CONTRACT SERVICES ARE TO BE PERFORMED The County COUNTY agrees to allow Wete-Ma+egeReRtCONTRACTOR to deliver up to 19,500 gallons of leachate per day to the Arbennie Pritchett Water Reclamation Facility (APWRF), Monday through Friday (5 days per week, between 7am - 3pm) for treatment and disposal. Wiste -M-a+gcmcntCONTRACTOR is required to comply with all the provisions of Okaloosa County Ordinance No. 12-14 hereinafter called "Water and Sewer Ordinance". Terms of Contract. The CONTRACTOR shall pay the COUNTY ten cents ($0.10) per gallon for treatment and disposal of the leachate. The CONTRACTOR will discharge the leachate at the point designated by the COUNTY, located at the APWRF in Fort Walton Beach, Florida, after visual inspection and ph testing of each load by the COUNTY. Jhe CONTRACTOR will provide the COUNTY on a civarterly basis, or as [Formatted: Font color: Park Red often as the Waste Management operating permit issued by the Florida Dept. of Environmental Protection requires, the analytical report of analysis required to be performed on the leachate. The term of this Agreement shall be for one (1) year commencing with an effective date of January 1, 2014 and ending December 31, 2014. This Agreement -shall automatically renew for additional periods of one (1) year unless either party gives at least ninety (90) days written notice to the other party of its intent to terminate the Agreement prior to the expiration of the then current term. Jhe APWRF is a biological Formatted: Font color: Park Red nutrient removal process which operates, under a controlled environment to maintain a consistent Formatted: Font color: Park Red balance of microorganism Any introduction of pollutant(s) or toxin(s)which could harm the biological -( Formatted: Font color: Park Red process and put the APWRF out of compliance with its' operating permit is considered "plant upset". • [Formatted: Font color: Park Red Therefore, the Okaloosa County Water and ScwcrCOUNTY reserves the right to reject leachate or to revise the conditions of this contract in the event that such changes are needed to correct "plant upset" or "pass through" of pollutant determinedpbscrved by the COUNTY. The terms and conditions of this -. -{ Formatted: Font color: Park Red - -. contract may be subject to modification by the COUNTY during the terms agreed upon, should the -1 Formatted: Font color: Park Red COUNTY deem it necessary e.c-for the benefit of the APWRF3ny reason. - 1_Formatted: Font color: Park Red - "Plant upset" and "pasthrouh"rcciuire ci car definition and context incc each of thcsc conditions - - ( Formatted: Font color: Blue allow the County to modify the contract terms. The blanket provision of "modification by the County for any reason" is very broad. In each case there should be some advance notification defined (ie. 10 or 15 days) of the County's desire to change the terms. Termination of Contract by COUNTY. The COUNTY may terminate this contract at any time by giving the CONTRACTOR thirty (30) days notice in writing of such termination. Packet Pg. 637 Termination of Contract by CONTRACTOR. The CONTRACTOR may likewise terminate this contract for cause by giving the COUNTY thirty (30) days notice in writing for cause and allowing the COUNTY to correct any deficiency within thirty (30) days. Special Provisions Independent Contractor Status. It is understood and agreed that the CONTRACTOR is an Independent Contractor in the legal sense of that term. The CONTRACTOR shall obtain and maintain all workers compensation insurance necessary, abide by all governmental regulations and laws, obtain all permits and licenses required by law and shall provide all of the tools and equipment at the CONTRACTOR'S own expense needed to perform this contract. Insurance. CONTRACTOR agrees to provide workers' compensation, unemployment insurance, public liability insurance, auto insurance, and any other insurance required by law. Okaloosa County Board of County Commissioners shall be listed as coinsured on the same insurance certificate. The COUNTY will not be responsible for the-pdamage to any of the CONTRACTORS' equipment while performing during the performance of this contract. Definitions. When used in this contract, the following words and terms have the meanings as follows: "The CONTRACTOR" or "CONTRACTOR" shall mean Waste Management, of Leon County, Inc. —Springhill "The COUNTY" or "COUNTY" shall mean the Water and Sewer Department of the Okaloosa County Board of County Commissioners. Interpretation and Construction of Contract. This contract shall be construed according to the laws of the State of Florida. The captions and titles appearing before the various parts of this contract and paragraphs thereof shall not be controlling in and shall not affect the construction of this contract. Prohibition if Subcontracted Services. Contractor is to perform all services as required under this agreement without entering into subcontracted services with any third party without prior approval of authorized COUNTY official. Authorized official shall be the Director of Water and Sewer or other County employee as designated. Assignment Prohibited. This contract may not be assigned by either party without the written consent of the other party. Indemnity by Contractor. The CONTRACTOR shall indemnify the COUNTY and hold it harmless against all claims for personal injury and property damage caused by the CONTRACTOR in the performance of this contract. The CONTRACTOR shall maintain appropriate insurance coverage to insure this provision. Packet Pg. 638 Representatives. The authorized representative of the County COUNTY shall be: Darren Alford Okaloosa County Water & Sewer 250 Roberts Blvd., Ft. Walton Beach, FL 32547 E-Mail: dlalford@co.okaloosa.fl.us 350-651-7133 The authorized representative for W&te-Mngcmcntthe CONTRACTOR shall be: Kevin Hinon Calvin Wilkinson Waste Management of .Lepp iin1y Inc. 4945 Hwy 273 Campbellton, F132426FL 32426 E-mail: khinson@wm.com cwilkinson@wm.com 850-263-5946 350 263 7100e9S0, 350 253 4195 All notices required by this agreement shall be written to the representative listed above with a courtesy copy to the following: Jack Allen Contracts and Leases Coordinator Okaloosa County Purchasing Department 602-C North Pearl Street Packet Pg. 639  Crestview Fl 32536 850-689-5960/850-689-5998 (FAX) E-Mail: iallen@co.okaloosa.fl.us IN WITNESS WHEREOF, the Chairman of the Board of County Commissioners, by authority vested in him, has hereunto subscribed his name on behalf of the County of Okaloosa, Florida, the Owner, and the said Jeff Macy David Myhan has hereto fixed signature, the day and year above written. WITNESS: Waste Management of Leon County, Inc. CONTRACTOR BY Kevin Hincon David Myhan, Area Vice President STATE OF FLORIDA COUNTY OF OKALOOSA This contract is accepted this day of ,2014 and is effective upon execution. ATTEST: COUNTY OF OKALOOSA, FLORIDA BY Gary Stanford Charles K. Windes, Jr., Chairman Deputy Clerk of Court Packet Pg. 640