Resolution 244-1989
Monroe County Commission
RESOLUTION NO. 244-1989
A RESOLUTION OF THE BOARD OF COUNTY COMMIS-
SIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING
THE MAYOR/CHAIRMAN OF THE BOARD TO EXECUTE ON
BEHALF OF MONROE COUNTY AN ASBESTOS SURVEY
AGREEMENT WITH JENKINS & CHARLAND, INC.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute on behalf of Monroe County an
Asbestos Survey Agreement with Jenkins & Charland, Inc.
concerning the Truman Elementary School facility, which agreement
is attached hereto and incorporated by reference.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the ;1ft), day of
4,riJ
, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY, /J/IiItt~
(Seal)
Attest :DANNX L. ~OLHAGE, Clerk
v2L<~JA~
~EDA.r TO"...,
~ND LEGAL StJFF~
~~~
AttO"'#1Y'. c-. /. / '\ _
<-/
0(: Z d V- AVW 68.
a(JOJ3~ ~Oj 0.311:1
ASBESTOS SURVEY AGREEMENT
THIS AGREEMENT is made and entered into on April 28, 1989,
by and between Monroe County, Florida, a political subdivision of
the State of Florida, hereinafter County, and Jenkins and
Charland, Inc., hereinafter Consultants,
WIT N E SSE T H
WHEREAS, the County has recently purchased a building known
as the Truman Elementary School Faci 1i ty in Key West, Florida;
and
WHEREAS, such building, before it can become useful for
County purposes, must undergo renovation; and
WHEREAS, due to the age of the building it is probable that
asbestos was used in construction; and
WHEREAS, state and federal law and the public health of all
citizens demand that such asbestos be removed before the com-
mencement of renovation and that requires an asbestos survey of
the building; and
WHEREAS, the Consultants represent that they are qualified
to conduct such a survey;
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter contained, the parties agree as follows:
1. Scope of Professional Services.
a) The Consultants shall conduct, using a generally
accepted engineering method and the best techniques
available, an asbestos content inspection of the
building known as the Truman Elementary School Facility
(or Building) located at the intersection of Truman Avenue
and White Street in Key West, Florida, and prepare a report
detailing the results of such survey for delivery to the
County. If air monitoring for friable asbestos material is
necessary, the Consultants shall provide such monitoring
and laboratory analysis using P.C.M.
b) The survey shall be completed and the report
delivered to the County's Director of Public Works no later ~
than twenty-one (21) days after the date first written above
except that the Director may extend, in writing, the
completion and delivery date for good cause shown.
2. Compensation.
a) Upon completion of the survey and the delivery of
the report in a manner satisfactory to the County's Director
of Public Works, the County shall promptly pay the
Consultants compensation in the amount of Six Thousand
($6,000.00) Dollars. In the event that air monitoring is
necessary, Consultants shall be entitled to additional
compensation in the amount of Twelve Hundred Fifty
($1250.00) Dollars per day; however, Consultants shall not
conduct air monitoring in excess of two (2) days without the
prior written consent of the County's Director of Public
Works and the County shall not be obligated to compensate
the Consultants for air monitoring done in excess of two (2)
days without such written consent.
b) The compensation set forth in this paragraph shall
constitute the full amount due the Consultants under this
agreement and shall include all expenses, of whatever
nature,
incurred by the Consultants in the performance of this
agreement.
3. The execution of this agreement shall constitute the
notice to Consultants to proceed and they shall do so in a timely
fashion but in no event later than seven (7) days after the day
and year first written above except that the County's Director of
Public Works may, in writing, extend the counnencernent date for
good cause shown.
4. The survey and report prepared by the Consultants sh~ll
2
not constitute an implied warranty that no asbestos is present in
the Truman Elementary School Facility which may be undetectable
using the best current professional techniques available or which
a professional engineer knowledgeable in asbestos detection could ~
not have reasonably assumed to be present.
5. The County shall hold the Consultants harmless for any
damage to the Truman Elementary School Facility, or for any
damage or loss to contents thereof, occasioned by the Consultants
in the course of conducting the survey.
6. If requested by the Consultants, the County shall
promptly provide personnel for: any necessary selective demoli-
tion; the moving of scaffolding, ladders; and other nontechnical
assistance. The County shall also promptly provide, when re-
quested by the Consultants, any ladders, scaffolding or cherry
pickers needed to gain access to various parts of the Truman
Elementary School Facility during the course of the survey.
7. The Consultants warrant that no person has been em-
ployed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, broker-
age, or contingent fee and that no member of the County has any
interest, financially or otherwise, in the Consultants or its
subcontractors. For breach or violation of this warranty, the
County shall have the right to annul this contract without
liability or, in its discretion, to deduct from the contract
price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee.
8. The Consultants agree that they will not discriminate
against any of their employees or applicants for employment
because of their race, color, religion, sex, or national origin,
and to abide by all Federal and State laws regarding
non-discrimination. The Consultants further agree to insert the
foregoing provisions in all subcontracts hereunder, except
subcontracts for standard commercial supplies or raw materials.
3
IN WITNESS WHEREOF, the parties have executed this agreement
at the Elk's Club, Tavernier, Florida, on the date and year first
written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor/Chairman
(SEAL)
Attest:
Clerk
JENKINS AND CHARLAND, INC.,
An officer duly authorized by
the corporation to enter into
agreements on behalf of the
same.
Witness
Witness
APMoIIED A$ TO fIOIW
A A'D I F.~:,' I ~, '~rlr''E
1'1, "..,'. "" " jr" t. /VCr.
8~4f'~
4