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01/13/1984 Agreement,,list A CONTRACT BETWEEN SOUTH FLORIDA REGIONAL PLANNING COUNCIL AND MONROE COUNTY This CONTRACT, made and entered into this 1st day of January, 1984, by and between the SOUTH FLORIDA REGIONAL PLANNING COUNCIL, hereinafter referred to as the Council, and MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the COUNTY. WITNESSETH THAT: The COUNCIL and the COUNTY do mutually agree that the COUNTY shall, consistent with the Water Quality Assurance Act of 1983 and Florida Department of Environmental Regulation (FDER) rules in Chapter 17-31, F.A.C., and in a satisfactory manner, as determined by the COUNCIL, perform the following: 1. General a. The COUNCIL and the COUNTY agree that the following provisions shall apply to the work to be performed under this Contract and that such provisions shall supercede any conflicting agreements and understandings, whether written or oral. b. The rights and remedies of the COUNCIL provided for in these clauses are in addition to any other rights and remedies provided by law or under this Contract. 2. Scope of Services The COUNTY agrees to carry out the following tasks within the COUNTY: a. Local Hazardous Waste Management Assessment 1) establish a COUNTY staff member and telephone number to provide information to potential hazardous waste generators. 2) conduct on -site surveys of a representative number of generators. 3) provide lists of hazardous waste generators already developed by the County to Environmental Science and Engineering, Inc. (the Contractor). 4) identify, describe, and map abandoned dump sites. 5) inspect, assess, and summarize operating procedures at the sanitary landfills within the county. 6) prepare and submit COUNTY hazardous waste assessments to the COUNCIL. b. Small Quantity Generator Notification Program 1) provide the Contractor with County letterhead stationery upon which to print notification letters. 2) acquire documentation of waste management practices of 20 percent of all potential hazardous waste generators, in accordance with Section 29 of the Water Quality Assurance Act and implementing FDER rules. 3) prepare and submit a summary of the annual small quantity generator notification program to FDER and the COUNCIL within 30 days after completion. C. County Hazardous Waste Storage Facility Area Designations 1) determine the amounts and types of hazardous wastes requiring adequate management and the need for treatment and transfer/storage facilities. 2) designate County hazardous waste transfer/storage areas after holding public hearings, and amend the County comprehensive plan to include such areas, if necessary, In conformance with Section 25 of the Water Quality Assurance Act. 3. Maintenance and Audit of Records The COUNTY is responsible for following and using specific guidelines and formats reasonably established by the COUNCIL and the Florida Department of Environmental Regulation (FDER) in and pursuant to Sections 25, 26, 27, 28 29, and 30 of Chapter 83-310, Laws of Florida, also known as the Water Quality Assurance Act of 1983 (the Act), incorporated by reference as part of this Contract. 2 The COUNCIL and the State of Florida, or any of their duly authorized representatives, shall have access to such books, records, documents and other evidence for the purpose of Inspection, audit and copying. The COUNTY will provide proper facilities for such access and inspection. All costs charged to the project shall be supported by properly executed payrolls, time records, invoices, or vouchers evidencing In proper detail the nature and propriety of the charges. 4. Compensation The COUNTY agrees to perform all services herein for a sum not to exceed the amount of $25,569 for satisfactory performance, as determined by the COUNCIL. Payment to the COUNTY is contingent upon the receipt of funds from FDER for the services heretofore mentioned. 5. Method of Payment a. Compensation due in accordance with paragraph 4 above shall be made upon monthly submission by the COUNTY to the COUNCIL of a detailed progress report and statement of costs incurred. b. The COUNCIL will provide the COUNTY with a cash advance of $3,835.00 to initiate work upon execution of this Contract. An accounting for the expenditure of all funds will be provided prior to or upon completion of the final cost statement. C. The COUNCIL shall retain ten percent (10%) of all billings subject to payment upon receipt and acceptance of work products by the FDER. &-1 6. Progress Report Progress reports shall be submitted monthly, with the first due on January 15, 1984, and shall address at a minimum: a. the extent of progress of the tasks described in paragraph 2 above; b. any problems experienced or anticipated; and C. other specifics as may be required by the COUNCIL or FDER guidelines. 7. Equal Employment Opportunity In connection with the execution of this Contract, the COUNTY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. The COUNTY shall take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff, or termination; rates of pay, or other forms of compensation; and selection for training, including apprenticeship. 8. Conflict of Interest The COUNTY covenants that no person presently exercising any functions or responsibilities in connection with the COUNCIL has any personal financial interest, direct or indirect, in the study area or any parcels therein, which would conflict in any manner or degree with the performance of its services hereunder. The COUNTY further covenants that in the performance of this Contract no person having any conflicting interest shall be employed. Any Interest on the part of the COUNTY or its employees must be disclosed to the COUNCIL. The COUNTY in the performance of this Contract shall be subject to the more restrictive laws and/or guidelines regarding conflicts of interest promulgated by Federal, 12 State, or local governments. 9. Interest of Members of Council and Others No officer, member, or employee of the Council and no members of its governing body, and no other public official of the governing body of the locality or localities in which the Contract is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this Contract, shall participate in any decision relating to this Contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly interested or have any personal or pecuniary interest, direct or indirect, in this Contract or the proceeds thereof. 10. Assignability The COUNTY shall not assign any interest in this Contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the COUNCIL thereto; provided, however, that claims for money due, or to become due, to the COUNTY from the COUNCIL under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished. 11. Termination or Suspension a. Termination or Suspension Generally. If the COUNTY abandons or, before completion, discontinues the task(s) or if, by reason of any of the events or conditions set forth in this Contract or for any other reason, the commencement, prosecution, or timely completion of the task(s) by the COUNTY Is rendered improbable, unfeasible, impossible, or illegal, the COUNCIL may, by written notice to the COUNTY, suspend any or all of its obligations under this Contract until such time 01 as the event or condition resulting in such suspension has ceased or been corrected, or the COUNCIL may terminate any or all of its obligations under this Contract. b. Action Subsequent to Notice of Termination or Suspension. Upon receipt of any termination notice under this Section, the COUNTY shall proceed promptly to carry out the actions required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, the task activities and such other actions as may be required or desirable to keep to a minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the status of task activities and of expended monies as well as a proposed schedule, and plan for terminating or suspending and closing out task activities and other undertakings, the costs of which are otherwise Includable as eligible costs under the terms of this Contract; and (3) remit to the COUNCIL such portion of the financing and any payment previously received as is determined by the COUNCIL to be due under the provisions of this Contract. The closing out shall be carried out in conformity with the latest schedule and plan as approved by the COUNCIL, or upon the basis of terms and conditions imposed by the COUNCIL and upon the failure of the COUNTY to furnish the schedule and plan within a reasonable time. The acceptance or a remittance by the COUNTY or the closing out of State financial participation In the project shall not constitute a waiver of any claim which the COUNCIL may otherwise have arising out of this Contract. 12. Insurance To the extent required by the COUNTY'S self insurance program, the COUNTY shall at all times carry, on all operations hereunder, workmen's compensation insurance, public liability and property damage insurance, automotive public liability and property damage R 13 . Raang�sce . The COUNCIL or the COUNTY may, from time to time, request changes In the scope of the services to be performed hereunder. Such changes, including any increase or decrease in the amount of compensation, which are mutually agreed upon by and between the COUNCIL and the COUNTY, must be incorporated in written amendments to this Contract. Changes which affect the scope of services or Increase or decrease the amount of compensation must receive prior FDER concurrence. Changes, including budget amendments within FDER Guidelines, may be by written agreement between the Council Executive Director and the Monroe County Administrator without further approval of FDER, the COUNCIL, or the Monroe County Board of COUNTY Commissioners. 14. Remedies In the event the COUNCIL or the COUNTY shall be found to be in default of any of the provisions of this Contract by a court of competent jurisdiction, then and in that event each party expressly covenants and agrees to hold the other party harmless from any and all damages, direct, indirect, or consequential, resulting from such breach, including all costs and attorneys' fees incurred by the other party regardless of whether or not suit is filed by or against the other party. 15. Time of Performance The services of the COUNTY are to commence as soon as practicable after the execution of this Contract. All of the work or services shall be in compliance with the Florida Water Quality Assurance Act of 1983 and FDER rules and guidelines promulgated thereunder, and shall be completed as expeditiously as possible. 7 16. Coordination The COUNCIL'S Project Director is Mr. M. Barry Peterson. The COUNTY' S Project Director is C, N P r LF-S 4f,vEMo• All matters shall be directed to the project directors for proper coordination. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. ATTEST: La A/f� D to SOUTH FLORIDA REG AL PLANNING COUNCI,� BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA ,� 4,j- )(1/oa-V Sam Goren, Esquire Josias and Goren Attorney for the South Florida Regional Planning Council /44 K Date ea N.