Okaloosa County BOCC — September 1, 2015 — S0834Interlocal Agreements — reading text

~ Arrangement Grant I ~ lI· 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 f j forth by the Florida Department of Environmental Protection, and utilize the grant funds l solely for the purpose authorized. t l r CONTRACT# : Cl0-1778-PW Instr Ii 261'1639 SK· .;.920 PG J03.~~ge 1 or 4 t~ Rsc~rdeJ 01 08,;!010 at08:J5 AM. li FRANKLIN COlfN"rY RECORDING 51950 RECORDINGART'Cl..E 'I 5'6.00 Ji.. COOPERATIVE COLLECTION ARRANGEMENT ' EXPIRES: INDEFINITE :.EP,r1 :::Lffi• KS::Hc:::_cR.~FT ::c~. •.v Ht. N~~D :-- ~R~ r~ ........... 10-~ •>< ·LC-~5. ,-::,-·,_ ..i-V : ; I DEP Agreement No. S0834, Attachment F, Page 5 of 32 ,f !  0 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. Responsibilities. 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: (a) Assign a project manager to work with the Neighboring County government to establish a site in the Neighboring County for mobile hazardous waste collection. I (b) The t:iazardous 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. Assist the Neighboring County in publicizing and advertising the Neighboring County's hazardous waste collection days. I i (c) (d) Assign the project manager to be on site during the Neighboring County's collection day. Provide the Neighboring County with copies of all paperwork from its Contractor I (e) associated with the Neighboring County's collection, including the contractor's final invoice for services and hazardous waste shipping manifest forms. Pay the contractor for the Neighboring County's hazardous waste collection, and all I up front costs through invoice purchase orders for the Neighboring County's hazardous waste collection. I {f) Invoice and collect from the Neighboring County its share of cost of the hazardous waste collection. I (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. I i' DEP Agreement No. S0834, Attachment F, Page 6 of 32  .- .t 0 b) Of the Neighboring County: A Neighboring County shall: (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 collection costs. (4) Pay the Host County within thirty (30) working days after receiving an invoice from the Host County. I f I (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 publicize the collection day. This information will be distributed to the local media, schools, agricultural agents, and civic and service organizations. I! (6) Attend the collection and assist the Host County in overseeing paperwork at the close of the collection. I (7) Provide the hazardous waste management company under contract to the Host County the names and addresses of regulated smal 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 rind Termination. The failure of any party to comply with the provisions of this Agreement shall place that party in default. Prior to terminating the Agreement with respect to the defaulting party, the non-defaulting party shall notify the defaultinQ party and all 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 the default. In the event 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 right in the event of any further default or non-compliance. In the event of termination, the defaulting party shall return any unexpended grant funds and shall comply with any requirements the Florida Department of Environmental Protection may impose. Additionally, either party may 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 permission of the Florida Department of Environmental Protection, if such is required. Section 6. 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. DEP Agreement No. S0834, Attachment F, Page 7 of 32  .·. 0 0 1 ': ' 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