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03/15/2000 Agreement 11Bannp JL. 1&olbagt BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 289-6027 FAX (305) 289-1745 CLERK OF THE CIRCUIT COURT MONROE COUNTY SOO WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 292-3550 FAX , (305) 295-3660 BRANCH OFFICE 88820 OVERSEAS HIGHWAY PLANTATION KEY, FLORIDA 33070 TEL. (305) 852-7145 FAX (305) 852-7146 MEMORANDUM DATE: April 6, 2000 TO: Clark Lake, Director Solid Waste Management Division AITN: Carol Cobb, Executive Assistant Solid Waste Management Division Pamela G. Hancoc~ Deputy Clerk U FROM: At the March 15, 2000, Board of County Commissioner's meeting the Board granted approval of and authorized execution of an Agreement between Monroe County and the Monroe County Health Department for the C'~_1I r\"~-":'T r" . - TT_ _.1_._ UTM"~ A MMn~~_lIJ Notification and Verification Program. Enclosed is a fully executed duplicate original of the above for your handling. Should you have any questions, please do not hesitate to contact this office. Cc: County Administrator wlo document County Attorney Finance File ,/ AGREEMENT FOR SMALL QUANTITY HAZARDOUS WASTE ASSESSMENT. NOTIFICATION AND VERIFICATION PROGRAM THIS AGREEMENT for a small quantity generator assessment, notification and verification program is entered into by and between Monroe County, a political subdivision of the State of Florida, whose address is 5100 College Road, Key West, FL 33040, hereafter County, and the Monroe County Health Department, an agency of the State of Florida, whose address is 5100 College Road, Key West, FL 33040, hereafter MCHD. WHEREAS, the County is obligated by Secs 403.7225 through 403.7236, Fla. Stat. and Chapter 62-731, FAC, to conduct a small quantity generator assessment, notification and verification program hereafter the Program; WHEREAS, the County desires to contract out its obligations under the Program to the MCHD, which represents that it is professionally qualified to carry out the Program; WHEREAS, such a contract is authorized by Sec. 163.01, Florida Statutes; now, therefore, IN CONSIDERATION of the mutual covenants contained in this Agreement, the parties agree as follows: 1. The parties agree to rescind their small quantity hazardous waste contract dated July 1st. 1999. A copy of the July lRt .1999 contract is attached to this agreement and made a part of it. The parties agree that henceforth neither will have any duty, obligation or liability to the other under the July 1st. 1999 agreement. 2. The MCHD must conduct the Program within the boundaries of MC (including all municipalities within the County) in order to identify small generator hazardous waste problems within the County. The small hazardous waste generator management assessments must be reviewed every five years. The assessment lists must be brought up to date annually before the end of the five year interval by including the applicable names from DEP sources, occupational licenses, building permits, and from not less than one complete survey of the business pages of the County's local telephone sy~s:-AnnuaIlYI the MCHD must verify the management practices of at least twenty (20%) percent of Ii sni q~ntitZ generators. I..&J ~ I.. : 5 ~~arrYing out its Program obligations, the MCHD must comply with the requirements of t~ s~1 q~ generator assessment, notification and verification program specified in the booklet b G~eli~~~ Conduct the County Small Quantity Generator Assessment, Notification and Uerifiatio~~ram. dated February 1994 and adopted by Rule 67-731.030(2), FAC, the iPpli~le.fo1iif1s of Chapter 62-731, FAC and Sections 403.7225 through 403.7236, Fla. Stat. e CJ 0 ~ 4. In accordance with Section 216.347, Fla. Stat. the MCHD is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch, or a State agency. 5. To the extent required by law, the MCHD must be self-insured against, or must secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its employees connected with the work of this Program. Such self-insurance program or insurance coverage must comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement are not protected under the Workers' Compensation statutes, the MCHD must provide adequate insurance satisfactory to the County for the protection of its employees not otherwise protected. The MCHD is an independent contractor, and is not an agent, representative, or employee of the County. The MCHD agrees to carry adequate liability and other appropriate forms of insurance. The County shall have no liability unless specifically provided for in this Agreement. 6. For satisfactorily carrying out the Program, the County agrees to pay the MCHD an annual amount not to exceed $67,162 or, if this Agreement is renewed under Paragraph 9, then in an amount not to exceed the amount established by that paragraph. The amount written above is to be paid quarterly and in advance. The County has bailed to the MCHD the following equipment in order to carry out the Program: a) 1994 Oldsmobile Station Wagon (0977-129) b) Gateway 2000 computer system (0970-177) with programs c) Two filing cabinets d) Manuals and files. At the end of this Agreement, or any renewal, the MCHD must return the equipment in good order, normal wear and tear excepted, unless the equipment no longer has any commercial value, in which case the title will pass to MCHD, who may dispose of it through the County's procedure for disposing of surplus property. The County's obligation to pay under this Agreement is contingent upon an annual grant from DEP or an annual appropriation by the Monroe County Board of County Commissioners. At the end of this Agreement the MCHD will transfer to the County all computer data, files, and operation and procedure manuals to the County prepared pursuant to this contract. 7. Within thirty (30) days of the end of each quarter, the MCHD must provide the County with a detailed report of all Program work completed during the quarter. The County reserves the right to recover all compensation paid to the MCHD for failure to perform the Program work required under this Agreement or for failure to comply with the reporting requirement. Copies of the required report must be sent to: Clark Lake, Director Solid Waste Management Division Public Service Building 5100 College Road Key West, FL 33040 8. The County Program Project Manager is Mr. Clark Lake, phone 305/292-4432. The MCHD's manager is Ms. Stephanie Walters, phone 304/292-6894. All matters should be directed to the Project Managers for appropriate action or disposition. 9. The MCHD also agrees to the following terms: a) Either party may terminate this Agreement for its convenience with sixty (60) days written notice to the other party. In the case of termination for convenience, the MCHD will be compensated for work satisfactorily completed and for irrevocable commitments made. b) All services must be performed by the MCHD to the satisfaction of the County Solid Waste Director or his designated representative. 2 c) The MCHD must be notified, in writing, by the County Program Manager of deficient performance figures or incomplete or inadequate work product and given fifteen (15) calendar days to provide a written corrective action plan to the County for review. The County must respond, in writing, to the proposed corrective action plan within fifteen (15) calendar days of receipt. If the MCH D and the County cannot reach agreement on the corrective measures to be taken and the schedule for corrective action, the County may terminate this contract in accordance with subsection 8(d). d) If the MCHD fails to perform in a timely and proper manner, in the judgment of the County's Solid Waste Director, the County may terminate this Agreement by written notice, specifying the effective time and date. MCHD is liable to the County for any amounts advanced by the County for performance figures or work products that are later determined by the County's Program Manager to be inadequate. e) The County may, at any time, by written order designated to be a change order, make any change in the Program within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the MCHD's cost or time requires an appropriate adjustment and modification (amendment) to the compensation portion of this Agreement. f) The MCHD must maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted governmental accounting principles consistently applied. The County, or its authorized representatives, must have access to such records for audit purposes during the term of this Agreement and for three years following Agreement completion. g) Each party agrees that it is solely responsible for the wrongful acts of its employees, contractors and agents. However, nothing in this subparagraph constitutes a waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28, Fla. Stat. h) The MCHD warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee. I) The County reserves the right to unilaterally cancel this contract for refusal by the MCHD to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Fla. Stat. and made or received by the MCHD in conjunction with this Agreement. j) This Agreement is not subject to transfer, assignment, sale or other disposition which would have the effect of substituting the MCHD's performance with that of another. 10. The term of this Agreement is one year, commencing on July 1, 1999, and is renewable at the option of the County for two additional one year terms. In order to exercise its option, the County must give the MCHD written notice of the County's intent to renew at least thirty (30) days in advance of the expiration of the term then in effect. The amount of compensation for a renewal term ~ will be adjusted by an amount equal to the CPI (Miami/Ft. Lauderdale area) percentage increase for the year immediately preceding the renewal year multiplied by the amount of compensation due during the term then in effect. 11. The parties hereby agree that this contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in a court of competent jurisdiction in Monroe County, Florida. 12. In the event that one or more provisions of this Agreement are held invalid, the balance of this Agreement will remain in full force and effect. 13. The parties agree that this Agreement states the entire agreement, and that the parties are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not printed in this Agreement, unless otherwise specifically referenced in the Agreement. 14. This Agreement will take effect upon the signature date of the last party to execute it. ITNESS WHEREOF, the parties hereto have set their hands and seals the day and year WITNESS UNIT ~,.//---....) \ ~ ~;. .~~ Date 3-/~-O'- MONROE COUNTY PUBLIC HEALTH By Title -5k1~ jconvihazwaste ~