Loading...
05/30/1990 Agreement` �ouNrr c 4J`,y�JM CU�Q`�GG}A Oy'O COUM�� •« in Manny oCfjage BRANCH OFFICE CLERK OF THE CIRCUIT COURT 3117 OVERSEAS HIGHWAY MONROE COUNTY MARATHON, FLORIDA 33050 500 WHITEHEAD STREET TEL. (305) 743 -9036 KEY WEST, FLORIDA 33040 TEL. (305) 294 -4641 M E M O R A N D U M To: Peter Horton, Director Division of Community Services From: Rosalie L. Connolly, Deputy Clerk Date: June 8, 1990 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -9253 On May 30, 1990, the Board of County Commissioners approved and authorized execution of a Service Agreement with Florida Disposal Company concerning services at Key West International Airport for garbage pick -up. Attached is one duplicate original and one copy of the subject Agreement, now executed and sealed on behalf of the County. The original should be sent to your contractor and the copy kept in your proper departmental records. Rosalie L. Cor�xiolly Deputy Clerk / Attachments cc: County Attorney R. Ludacer County Administrator T. Brown Finance Director T. Medina File r , Florida Disposal Co. ' A Division of Waste Management, Inc. 1904 Flagter Ave., P. 0. Box 1619 Key West, FL 33040 (305) 294 -3787 CU OM R'S,BILC NG NA .� p ER BILLING ADDRESS U� ` C IR S,.'�ATE, ZIP O E 1,7 CUs OME ON ACTS SERVIC LOCATION SERVICE ADDRESS CITY, STATE, ZIP CODE BANK REFERENCE (CONTACT M mmmm=EMMM YARD $ LOAD' SIZE $ IMMME $ MM SIZE mm� SIZE 'INDICATE COMPACTOR LOAD WITH A "C" PREVIOUS SVC $ PRESENT SVC S SPECIAL INSTRUCTIONS ` Attest: 13v �> a' ;6 ,k Aa. , CL SERVICE AGREEMENT NON - HAZARDOUS WASTES N 1 C TELEPHONE NO. FREQUENCY OF SERVICE ❑ ON CALL PICK UP( ER WEEK EFF6CTI)9E SE EFFECTIVE D16C. DATE J CUSTOMER OWNED ❑ WMI OWNED EQUIP. PROMISE DATE P.U. DEL. DATE DELIVERED CUSTOMER // NUMBER /�� f NEW ACCOUNT $ — HOW OBTAINED CHANGE $ TYPE OF CHANGE CANCEL $ REASON I SHORT TERM IS CUSTOMER P.O. TELEPHONE NO. SCHEDULE OF CHARGES /J j7`�l� SERVICE CHARGE PER MONTH $ ADDITIONAL CHARGE PER YARD OVER CONT. SPEC. $ CONTAINER USE CHARGE $ COMPACTOR USE CHARGE $ SERVICE CHARGE PER YARD $ LOAD' SIZE $ OR SIZE $ LIFT SIZE SIZE 'INDICATE COMPACTOR LOAD WITH A "C" PREVIOUS SVC $ PRESENT SVC S (OFFICE USE ONLY ) ❑ 640 ❑ TICKET'f�JLATE ❑ ❑ UPDATE STREET LISTING ❑ CUST. FfPLE ❑ ❑ SALE SUMMARY ❑ COMPAC!�bR FILE[:] El TICKET TAB ❑ ROUTE CARD ❑ MISCELLANEOUS DATA FC I( I I I I I I l T "840" - L INE 5 0 THE TERMS ,4 D CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT, ME R CONT13 4lCT01i a AUTHORIZED SIGNATURE REPRESENTATIVE'S SIGNATURE ° IG G' D `% TITLE DATE TERRITORY NO. - ©A E White - Office, Yellow - Customer, Pink - Delivery, Blue - Sales, PAP B-520 WMNA -0038P (3/87) CL1CT ^•' - c'S COPY CONTAINER SPECIFICATIONS rt TERMS AND CONDITIONS OF SERVICE AGREEMENT TERM. Customer grants to Contractor the exclusive right to collect and dispose of all of Customer's waste materials as- warranted below; (including recyclables) for an initial term of three years from the effective service date. The term of this Agreement shall be autorgWlipally renewed for like terms thereafter unless either party shall give written notice of termination by certified mail to the other at least sixty days prior to the termination of the initial term or any renewal term. In the event Customer terminates this Agreement other than as provided above or Contractor terminates this Agreement for Customer's 'non- payment, Customer shall pay to Contractor as liquidated damages a sum calculated as follows: (1) if the remaining term under this Agreement is six or more months, Customer shall pay its most recent monthly charge multiplied by six: or (2) if the remaining term under this Agreement is less than six months, Customer shall pay its most recent monthly charge multiplied by the number of months remaining in the term.' CHANGES AND COST INCREASES. Because disposal and fuel costs are a significant portion of the cost of Contractor's services provided hereunder. Contractor may increase the Schedule of Charges- proportionately to reflect any increase'in such costs. The Schedule of Charges may also be adjusted from time to time to reflect increases in'the Consumer Price Index. Subject to Customer's approval, the Schedule of Charges may be adjusted for reasons other than increases in disposal or fuel costs or the Consumer Price Index. Those changes in the Schedule of Charges requiring Cbstomet approval, and changes to the frequency of collection service or the amount, capacity, and type.of equipment used may be agreed to verbally, in writing or by the actions and practices of the parties. The parties-may incorporate additional waste streams as a part of this Agreement-so long as: (1) Customer has executed Generator's Special Waste Profile Sheet(s) with respect thereto; and (2) Contractor has approved, in writing, handling such waste streams of Customer. This Agreement shall not be affected by any changes in the Customer's Service Address if such new address is located within Contractor's service area. WASTE MATERIALS. Customer warrants that the waste materials delivered to Contractor will not contain any hazardous, toxic or radioactive wastes or substances as defined by applicable federal, state, local or provincial laws or regulations. Customer acknowledges reading the attached "Contractor'& Definition of Special' Waste" (Form No. WMNA- 0038AD dated_ 89). and warrants the waste materials delivered to Contractor will not contain any Special Waste. as so defined, unless and except: (1) as specifically described in the "Generator's Special Waste Profile Sheet(s)" either attached hereto and made apart hereof or sgbsequently provided to and approved, in writing by Contractor; or ,(2) incidental amounts of Special Waste, as listed by Customer on the Contractor's Definition of Special Waste form. Contractor shall acquire title to the waste materials when loaded into Contractor's vehicles provided, however, that title to-and liability for the waste materials excluded from this Agreement shall remain with Customer, and Customer agrees to indemnity. defend and hold harmless Contractor against all claims. damages;,suits, penalties, fines and liabilities arising out of the breach of the above warranties yncluding, without limitation, liabilities for violation of laws or regulations. for injury or death to persons or for loss or damage to property or the environment SPECIAL WASTE. If this Agreement pertains to Contractor's furnishing of services and equipment for. Special Waste, then the.following additional terms and conditions shall apply: Customer warrants that the Special Waste delivered to-Contractor has the components and characteristics meeting the description contained in the Generator's Special. Waste Profile Sheet(s). _ In the event that such Customer's Special Waste is later determined or defined to be a hazardous, toxic or radioactive waste`or substance or if the storage or disposal facility such Special Waste from Contractor ceases operations or is later prohibited, from receiving such waste, then the portion of this Agreement pertaining to such Special Waste may be immediately terminated -by Contractor upon notice to Customer. Customer agrees to comply with the precautions. conditions and limitations contained in Contractor's written notice of approval of such Special Waste. If manifests or shipping papers are required by law to accompany the Special Waste to the storage or disposal facility, Customer is responsible for preparing all manifests or papers in form and number required by law. RESPONSIBILITY FOR EQUIPMENT. The equipment furnished by Contractor hereunder .shal-remain the property of Contractor, and Customer shall have no interest in such equipment. Customer shall be responsible for all loss or damage to the equipment except for normal wear and tear or for loss or damage resulting from Contractor's handling of the equipment. Customer shall not overload (by weight or volume), move or alter the equipment, and shall use the equipment only for its proper and intended purpose. Customer agrees to indemnify, defend and hold harmless Contractor against all clairrig, ° damages. suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property arising out of Customer's use, operation or possession of the equipment, On collection day. Customer shall provide unobstructed access to the equip" rent. If the equip4 T&'Ii Inaccessible, Customer will be notified.. and any additional collection service or attempt to provide such service shall be charged as ar,@Xtra pick -up." 5^ CHARGES AND PAYMENT. Customer shall pay Contractor for its services in accordance with the Schedule of Charges shown on the face of this Agreement. Customer shall be liable for all taxes, fees or other charges imposed by federal, state, local or provincial laws and regulations upon the collection, transportation or disposal of Customer's waste materials or the services performed hereunder. Payment shall be made by Customer within ten days after receipt of an invoice from Contractor. In the event that any payment is not made when due, Contractor may terminate this Agreement on notice to Customer, recover any equipment on the premises of Customer and recover the liquidated damages described above. Contractor may impose and Customer agrees to pay a late fee for all past due payments not to exceed the rn imum rate allowed by applicable law. 16` f N) Customer rbceives l(or i "ke) RIGHT TO COMPETE. Customer grants to Contractor the right to compete with any offer w relating to the provision of nonhazardous waste collection and disposal services upon the terming im of this Agreement for any reason and agrees to give Contractor written notice of any such offer and a reasonable opportunity to respond tole, PAVEMENT DAMAGE. Contractor shall not be responsible for damage to Customer's pavement or other driving surface resulting from the weight of Contractor's vehicles. ATTORNEY'S FEES. In the event of a breach of this Agreement, the breaching party shall pay ail reasonable attorney's fees. collection fees and costs of the other party incident to any action brought to enforce this Agreement. MISCELLANEOUS. If any conflicts exist in this Agreement between terms which are printed and those which are typed or written. the typed or written language shall govern. This Agreement shall be binding on the parties,and their successors and assigns. The representaNgrls, warranties and indemnifications contained herein shall survive the termination of t% Agreement. " -Z, - . • SWORN STATEMENT UNDER SECTION 28'.133(3)(a), FLORIDA STATUTES ON PUBVC ENTITY CRIMES THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted with Bid, Proposal or Contract No. 5011575 for K.W. International Airport 2. This sworn statement is submitted b Florida Disposal, a Division of Waste Management Inc. , of � on a [name of entity submitting sworn statement] whose business address is 1904 Flagler Ave. Key West, F1. 33040 and (if applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement - ,) 3. My name is James E. O'Connor and my relationship to the [please print name of individual signing] entity named above is President 4. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), Florida Statutes. means a violation of any state or• federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspirac or material misrepresentation. 5. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trial court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 6. I understand that an "affiliate" as defined in Paragraph, 287.133(1)(a), Florida Statutes, means: 1. A predecessor or successor of a person convicted of a public entity crime: or 2. An entity under the control of any natural person who is active in the management of the entity and Who hat been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm's length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. 7. L understand that a "person" as defined in Paragraph 287.133(1)(e), Florida Statutes. means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, d executives, partners, shareholders, employees, members, and agents who are active in management of an entity. . 8. Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Please indicate which statement applies.] { X Neither the entity submitting this sworn statement, nor any officers, directors, executives, " partners, shareholders, emplovees, members, or agents who are active in management of the entity,. '• nor any affiliate of the entity have been charged with and convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of the officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 1 AN12 [Please indicate which additional statement applies.] There has been a proceeding concerning the conviction before a hearing' officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer did not place the person or affiliate on the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate was placed on the convicted vendor list. There has been a subsequent proceeding before a hearing officer of the State of Florida, Division of Administrative Hearings. The final order entered by the hearing officer determined that it was in the public interest to remove the person or affiliate from the convicted vendor list. [Please attach a copy of the final order.] The person or affiliate has not been placed on the convicted vendor list. [Please describe any action taken by or pending with the Department of General Services.] [signature] Date: STATE OF v + COUNTY OF PERSONALLY APPEARED BEFORE ME, the undersigned authority, J 1 MCS C • 0 ' a ,p ry D 0" who, after first being sworn by me, affixed his/her signature [name of individual signing] in the space provided above on this �� day of n 19 '9' &"761, NOTARY PUBLIC; My commission expires: Notary puLlic, St -,3 of Florida My Commission Expires Sxpt. 28. 1992 Bonded Thru Troy Fain - Insurance InC. Form PUR 7068 (Rev. 11/89)