06/18/1997 Agreement
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATIION, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
500 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
FROM:
Clark E. Lake, Director
Solid Waste Management Division
Ruth Ann Jantzen, Deputy Clerk ~ f .
August 5, 1997
TO:
DATE:
At the June 18, 1997 County Commission Meeting, the Board approved rescission
of Board action of March 19, 1997 approving an Agreement for Verification between
Monroe County and the Monroe County Health Department, and granted approval and
authorized execution of an amended agreement.
Enclosed please find a fully executed duplicate original of an Aereement for
Small Ouantity Hazardous Waste Assessment. Notification and Verification Proeram for
return to the Health Department
If you have any questions concerning the above, please do not hesitate to contact
this office.
Enclosure
cc: County Attorney
Finance
Growth Management Director, w/o document
County Administrator, wlo document
File
AGREEMENT FOR SMALL QUANTITY HAZARDOUS WASTE
ASSESSMENT, NOTIFICATION AND VERIFICATION PROGRAM
This Agreement for a small quantity generator assessment, notificatipn and verification
program, is entered into by and between Monroe County, a political subdivision of the State of
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Florida, whose address is 5100 College Road, Stock Island, Key West. FL 330~,~_~eaf~ COw:lty,
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and the Monroe County Health Department. an agency of the State of Floria,,;: WhOseddre!5 is
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5100 College Road, Stock Island, Key West. FL 33040, hereafter MCHD. ~::~? Jot ~
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WHEREAS, the County is obligated by Sees. 403.7225 through 403.7236, Fla. Stat., and Chapter
WIT N E SSE T H:
62-731, F.A.C., to conduct a small quantity hazardous waste 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, Fla. Stat.; NOW THEREFORE
In consideration of the mutual convenants contained in this Agreement. the parties agree as
follows:
1.) The MCHD must conduct the Program within the boundaries of Monroe County
(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 systems. Annually, the MCHD must verify the
management practices of at least twenty (20) percent of its small quantity generators.
2.) In carrying out its Program obligations, the MCHD must comply with the requirements of
the small quantity generator assessment. notification and verification program specified in the
booklet "Guidelines To Conduct The County Small Quantity Generator Assessment. Notification
and Verification Program" dated February 1994 and adopted by Rule 67-731.030(2), F.A.C" the
applicable portions of Chapter 62-731, F.A.C., and Sections 403.7225 through 403.7236, Fla. Stat.
3.) 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.
4.) 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 statues, 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.
5.) For satisfactorily carrying out the Program, the County agrees to pay the MCHD an
amount not to exceed $65,000 per year or, if this agreement is renewed under Para. 10, then in an
amount not to exceed the amount established by that paragraph. As consideration and
inducement for the MCHD to enter into this Agreement. upon execution by the parties, the
County agrees to bail to the MCHD the following equipment:
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1994 Oldsmobile Station Wagon (0977-129);
Gateway 2000 computer system (0970-177) with programs;
2 filing cabinets;
manuals and files
in order to carry out the Program. 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 Commissioners. Any work performed by the MCHD before the
execution of this Agreement is not reimbursable under this Agreement.
6.) a.) The MCHD may request payment from the County quarterly and in advance.
However, within thirty (30) days after the end of that quarter, supporting documentation must be
submitted to the County consisting of copies of paid invoices for expenses incurred in carrying out
the Program and a report of Program work that includes the number of sites inspected during the
quarter.
b.) The MCHD must adhere to the following requirements regarding the supporting
documentation:
(i) Salaries/Wages
List personnel involved, salary rates, fringe benefits, and
hours/time spent on Project.
(ii) Overhead/Indirect/General and Administrative Costs - These costs may only be
EIN 15-92877147
paid as provided in HRS Form or the equivalent form of the Department of Health.
(Hi) Travel - Travel expenses and per diem must be documented by a State of
Florida Travel Voucher with appropriate receipts. Reimbursement will be made in accordance
with Section 112.061, Florida Statutes.
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(iv) Other Expenses - (Le., materials, supplies, phone, reproduction, mailing) Must
be documented by itemizing and including copies of receipts or invoices.
c.) The documents submitted must be in detail sufficient for audit review under
paragraph 7. Five copies of each invoice, including appropriate backup documentation, must
be submitted to:
Monroe County Solid Waste Management Division
Attention: Clark Lake, Director
5100 College Road, Stock Island
Key West, Florida 33040
The final documentation must be submitted no later than thirty (30) days after June
30th to assure availability of funding for final payment.
7.) Within thirty (30) days of the end of each term of this Agreement, the MCHD must also
provide the County with a financial statement for that term prepared in accordance with
generally accepted governmental accounting principles, together with a detailed report of all
Program work completed during the term. The County reserves the right to recover all
compensation paid to the MCHD for failure to comply with this requirement.
Copies of the required financial statement and report must be sent:
Mr. Clark Lake, Director
Monroe County Solid Waste Management Division
5100 College Road, Stock Island
Key West, Florida 33040
8. The County Program Project Manager is Mr. Clark Lake, Phone 305-292-4432. The MCHD's
manager is Mr. Jack Teague, Phone: 305-293-7511. All matters should be directed to the Project
Managers for appropriate action or disposition.
9.) The MCHD also agrees to the following terms:
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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.
c.) The MCHD must be notified, in writing, by the County Program Manager of
agreement performance figures 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 MCHD 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 9(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.
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.
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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. 10-1990
or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach
or violation of this provision, the County may, in its discretion, terminate this Agreement 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.
L) 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, 1997, and is renewable at
the option of the County for four 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 c.p.i. (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.
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11.} The parties hereby agree that any and all actions or disputes arising out of this contract
shall be governed by the Laws of the State of Florida; and any such actions shall be brought 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.
BY~~.~~
Deputy Cler .
By
DATE: IJrlf97
WITNESSES:
MONROE COUNTY PUBLIC HEALTH UNIT
By: ~V~
aa/ con2/hazardO 1
Title: fJciJ m / /J/ ~ 1Tt:? -f; r
DATE: & /&:7 /97
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