Okaloosa County BOCC — April 1, 2014 — County Contract Review Coordination Sheet

CONTRACT & LEASE INTERNAL COORDINATION SHEET Contract/Lease Number: Tracking Number:_____________ U)z43t Contractor/Lessee Name: ._ a(- Grant Funded: YES NO7 PurposeQa4J1iQ Date/Term !1I3I)1l:1. 1.LI GREATER THAN $50,000 Amount: 1(i /_- j9J. 2. GREATER THAN $25,000 Department: Cos . LII $25,000 OR LESS Dept. Monitor Name:(?,tXa....L IWCA-tI 11&'_/ Document has been reviewed and includes any attach ts or exhibits. Purchasing Review Risk Management Review APPrnve te 7 ,4Je$ Date: Ih 4 Riskanager or designee County Attorney Review proved as written- D a te: 4\Lf "Tlft~rw Following Okaloosa County approval: I Contracts & Grants I Document has been received: Date: Contracts & Grants Manager Joanne Kublik From: Zan Fedorak Sent: Tuesday, March 18, 2014 4:27 PM To: Joanne Kublik Subject: FW: Waste Management/Spinghill Agreement - follow-up on Contract Review Attachments: County Contract Review Coordination Sheet.pdf; Okaloosa Co WWTP_DRAFT Disposal Agreement_OCWS Revisions.docx Has this been forwarded to legal other than by this email? If not, we may need to make Greg aware. Thanks Zan From: Mark Wise Sent: Wednesday, March 12, 2014 3:24 PM To: John Dowd; Gary Real; Joanne Kublik; Jack Allen; Zan Fedorak Cc: Darren L. Alford; Kimberly Kilpatrick; Jeff Littrell Subject: Waste Management/Spinghill Agreement - follow-up on Contract Review Contract Review Team, We received the signed Coordination Sheet (attached) on 12/16/2013 for this proposed contract with Waste Management, to set a price for them to pay us to take their leachate from their Springhill landfill. After that approval, we sent the agreement to them to execute, but heard nothing for months. In the past week or so, they have come back to us to execute the agreement, but requested we revise some language in the agreement. They simply wanted us to define some terms better. We have therefore tweaked some of the technical language and updated the contact info for Waste Management. As this is wastewater/technical info, I doubt it pertains to Purchasing, Risk Management, and Legal, BUT I want to send it back to you for review just in case. Please review the highlighted changes in the attached MS Word version, and let us know if you have any objections or comments by Friday March 21. We will then prepare the agenda request for the Apr 1 BCC meeting. As always, please call me if you want to discuss. Thanks, Mark Wise, P.E. Deputy Director Okaloosa County Water & Sewer (850) 685-0297 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. From: Darren L. Alford Sent: Wednesday, March 12, 2014 9:01 AM To: Joanne Kublik Cc: Mark Wise Subject: FW: Waste Management (Spinghill) Joanne, Concerning the attached documents for the Springhill contract, I never received a reply from Springhill until recently. Before that we speculated they were no longer interested. However, they have recently petitioned for renewal. They made necessary revisions to the original contract( Waste Management Leachate clean updated) and in doing this, we also noticed areas of the contract needing modification. The latest contract is attached, which we(OCWS) and Springhill has agreed upon. Please look at the latest contract (Okaloosa Co WWTP DRAFT disposal Agreement OCWS Revision) and confirm our revisions/modifications are legit. We will probably need to take it through the review process again. Thank you for your consideration in this, and if I can provide additional info, let me know. From: Darren L. Alford Sent: Wednesday, December 18, 2013 1:48 PM To: khinson@wm.com Cc: Mark Wise; Jeff Littrell Subject: FW: Waste Management (Spinghill) Mr. Hinson, In order for Okaloosa County to continue receiving leachate from the Springhill landfill, either on a consistent or intermediate basis, the attached documentation needs to be reviewed and completed by Waste Management for a 2nd contract extension one year term. As stated below by our Deputy Director, If you are still interested, please execute 3 originals and return. Thank you for your consideration, Darren Alford Wastewater Operations Manager Okaloosa County Water & Sewer (850)651-7133 From: Mark Wise Sent: Tuesday, December 17, 2013 5:33 PM To: Darren L. Alford Cc: Jeff Littrell Subject: Waste Management (Spinghill) Darren, County Contract Review is complete on the Waste Management contract. Please email them 3 copies 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 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.  " 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 •,. : •:  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. 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. 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  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