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Article 3. Obligations of the SWDD <br />3.1 The SWDD shall do all things necessary to properly administer the terms and conditions of this <br />Agreement, including but not limited to: <br />a) Examination of all products and services delivered or supplied by Contractor for <br />conformance with the terms of this Agreement; and <br />b) Periodic reviews of the work of the Contractor as necessary for the completion of the <br />Contractor's services during the period of this Agreement; and <br />c) Review of all Contractor documents and payment requests for approval or rejection. <br />3.2 The SWDD shall not provide any services to the Contractor in connection with any claim brought <br />on behalf of or against the Contractor. <br />3.3 The SWDD retains the right to modify accepted and non -accepted materials during the term of <br />this Agreement for the purposes of increasing diversion and furthering County waste reduction <br />goals. The SWDD does not guarantee the quality or quantity of materials which will be provided <br />over the life of any agreement. In the event of any such modification, the SWDD and the <br />Contractor shall in good faith negotiate and mutually agree upon adjusted pricing or such other <br />mechanism as will adequately compensate the Contractor for the effects of such modifications. <br />Article 4. Contractor Responsibilities <br />Contractor shall be responsible for the professional operation, management, and maintenance <br />of the County -owned Indian River County Landfill site which accepts commingled Municipal <br />Solid Waste (MSW) and Construction and Demolition Material (C&D). All activities, actions, and <br />requirements associated with proper operations and maintenance of a Class I Landfill and <br />Contractor designated facilities in the State of Florida shall be the responsibility of the <br />Contractor unless specifically excluded in this Agreement or any Amendments to this <br />Agreement. In general, Contractor responsibilities include: <br />4.1 Management, Operation, and Maintenance of the Class I Landfill <br />1. Providing equipment that is common for Class I Landfill Operations and Maintenance in <br />quantity, type, and serviceability that allows for the proper operation of a Class I Landfill. The <br />Contractor shall expand and complete the initial equipment list from the ITB to identify all <br />equipment it intends to maintain on site. Upon approval by SWDD, the list will be <br />incorporated into this Agreement. Any updates to the equipment list shall require approval <br />of SWDD. <br />2. Accepting, screening, placing, and compacting commingled MSW and C&D in a manner that <br />is consistent with Class I Landfill operations and complies with all applicable permits, plans, <br />policies, regulations, and procedures. <br />3. The Contractor shall maintain a minimum compaction rate of 1,400 lbs. per cubic yard of <br />space, including cover material. The Contractor will measure the amount of airspace <br />Indian River County Landfill Operating Agreement Final Page 3 of 42 <br />