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08/09/1989 Agreement6 rr U yJ �N,cuiQ`�oG p � U: t . f p 1y O Va E COUMT�. �.cY BRANCH OFFICE 3117 OVERSEAS HIGHWAY MARATHON, FLORIDA 33050 TEL. (305) 743.9036 3Dannp X. 1101bage CLERK OF THE CIRCUIT COURT MONROE COUNTY 500 WHITEHEAD STREET KEY WEST, FLORIDA 33040 TEL. (305) 294.4641 BRANCH OFFICE P.O. BOX 379 PLANTATION KEY, FLORIDA 33070 TEL. (305) 852 -9253 M E M O R A N D U M To: Peter Horton Asst. Co. Admin. /Community Services From: Rosalie L. Connolly, Deputy Clerk Subject: Resolution No. 476 -1989 Date: August 21, 1989 On August 9, 1989, the Board of County Commissioners adopted Resolution No. 476 -1989 authorizing execution of an Agreement between Bayshore Manor d /b /a Monroe County and Florida Disposal Company. Attached hereto are two certified copies of the subject Resolution and one duplicate original and one Xerox copy of the subject Agreement, all of which are now fully- executed and sealed. One set of documents should go to your contrac- tor and the other set of documents should be kept in your proper departmental records. Rosalie L. C Deputy Clerk Attachments cc: Mayor M. Puto Commissioner E. Lytton County Attorney County Administrator Finance Department File Florida Disposal Co. A Division of Waste Management, Inc. '1904 Flagler Ave., P. 0. Box 1619 Key West, FL 33040 305) 294 -3787 CUSTOMER'S BILLING NAME Bayshore Manor CUSTOMER'S BILLING ADDRESS 5200 W Junior College Rd. CITY, STATE, ZIP CODE Key West, Fl. 33040 CUSTOMER CONTACTS SERVICE LOCATION SERVICE A DRESS 5200 W. Junior College Rd. CITY, STATE, ZIP CODE BANK REFERENCE ICONTACT TELEPHONE NO. FREQUENCY OF SERVICE SCHEDULE OF CHARGE ON CALL SERVICE CHARGE PER MONTH $ 123.15 PICK UP(S) SERVICE AGREEMENT 2 PER WEEK NON - HAZARDOUS WASTES CUSTOMER EFFECTIVE SERVICE DATE 8/18/89 NUMBER 5019096 ®©__©___© HOW OBTAINED ❑ CUSTOMER OWNED CHANGE $ LOAD' $ TYPE OF CHANGE TELEPHONE NO. EQUIP. PROMISE DATE m________ $ SIZE DATE DELIVERED CANCEL $ 'INDICATE COMPACTOR LOAD WITH A "C" REASON TELEPHONE NO. 8/18/90 294 -4966 -Cy'11 PRESENT SVC ______ ❑ 640 ❑ TICKET PLATE ❑ ❑ UPDATE ❑ STREET LISTING CUST. FILE ❑ ❑ SALE SUMMARY ❑ COMPACTOR FILE❑ ❑ TICKET TAB ❑ ROUTE CARD ❑ TELEPHONE NO. FREQUENCY OF SERVICE SCHEDULE OF CHARGE ON CALL SERVICE CHARGE PER MONTH $ 123.15 PICK UP(S) SERVICE AGREEMENT 2 PER WEEK NON - HAZARDOUS WASTES CUSTOMER EFFECTIVE SERVICE DATE 8/18/89 NUMBER 5019096 NEWACCOUNT $ HOW OBTAINED ❑ CUSTOMER OWNED CHANGE $ LOAD' $ TYPE OF CHANGE TELEPHONE NO. EQUIP. PROMISE DATE 294 -4966 $ SIZE DATE DELIVERED CANCEL $ 'INDICATE COMPACTOR LOAD WITH A "C" REASON TELEPHONE NO. 8/18/90 294 -4966 SHORT TERM $ PRESENT SVC CUSTOMER P.O. TELEPHONE NO. FREQUENCY OF SERVICE SCHEDULE OF CHARGE ON CALL SERVICE CHARGE PER MONTH $ 123.15 PICK UP(S) ADDITIONAL CHARGE PER 2 PER WEEK YARD OVER CONT. SPEC. $ CONTAINER USE CHARGE $ COMPACTOR USE CHARGE $ EFFECTIVE SERVICE DATE 8/18/89 EFFECTIVE DISC. DATE ❑ YARD $ ❑ SIZE ❑ CUSTOMER OWNED LOAD' $ ❑ WMI OWNED OR SIZE $ LIFT SIZE EQUIP. PROMISE DATE P.U. DEL. $ SIZE DATE DELIVERED 'INDICATE COMPACTOR LOAD WITH A "C" - ONTRACT REVIEW DATE 8/18/90 PREVIOUSSVC $ PRESENT SVC (OFFICE USE ONLY) ❑ 640 ❑ TICKET PLATE ❑ ❑ UPDATE ❑ STREET LISTING CUST. FILE ❑ ❑ SALE SUMMARY ❑ COMPACTOR FILE❑ ❑ TICKET TAB ❑ ROUTE CARD ❑ A~VIfO As TO POW DAI6T H. KOLHAGE, Clerk MONROE COUNTY AND cEG.ac suFfrctENCr. 40J.41 I IA I )" ct lUTep_ - u_f_ y _ Clerk MayorlUftairman o off_ Attarnev's ONicE Date: THE TERMS AND CONDITIONS ON ARE PART OF .. , - __'.J CUSTOMER hn ;ACTOR - AUTHORIZED SIGNATURE _URE TITLE DATE J ?RITORY N Yellow - Customer, Pink - Delivery, Blue - Sales, PAP B-520 WMNA -0038P (3/87) CONTAINER SPECIFICATIONS TERMS AND CONDITIONS OF SERVICE AGREEMENT TERM. The term of this agreements hal I be for three years frorrkthe effeQtive date of service, and shaii ue uuwrna,;�uuy_re; zwyu iv. terms thereafter unless eitherparty shall give written n- the termination of the initial term or any renewal term -- Customer shall pay to Contractor, as liquida` six or more month r ' WASTE MATERIAL$ Customgrwarrantsthatthe- wasteormaterial sdel iveredtoCoritractor-- hereunder.willnotcontainany- hazardous toxic or radioactive Wa §tes or substances as defined by applicable federal, state, local or provincial laws or regulations. Customer acknowledges that he has read a one page document entitled "Contractor's Definition of Special Waste" (Form No. WMNAm0038AD dated 10/80) and warrants that the waste materials defivered;io,Cdhtraotor hereunder will not contain any special waste, as soy lefiped, unless and except as specifically described in "Generator's Waste Material Profile Sheet" attached hereto. Contractor shall acquire title to the waste materials when loaded into Contractor's vehicles; provided however, that-title to and liability-for thewaste materials excluded.from this agreement above shall remain with Customer, and Customer agrees to indemnify, defend and hold harmless Contractor against all claims, damages, suits, penalties, fines and liabilities for injury or death to persons or loss or damage to property or.the environment arising out of breach of the warranty stated above; The- warranties and indemnifies contained herein shall survive the termination of this agreement. - DEFINITION OF EOUIPMENT. The term "equipment" as used herein shall mean all equipment furnished by Contractor in providing the services as specified on the face of this agreement. All equipment furnished by Contractor, which Customer has not purchased, shall remain the property of Contractor and Customer shall have no rfght; interest in the equipment` -„ CUSTOMER'S RESPONSIBILITY FOR EOUIPMENT. Customer shall be responsible for all loss or damage to the equipment, other than normal wear and tear and except for loss or damage resulting from Contractor's handling of the equipment whenproviding its services hereunder. QuO ourer shall not .dvqgowiermovitthe:equipment, or rnake.any.alterati.onso improvements to the equtpr�ent and ,hajl use the equipment only for the proper porpo"s�or wh!ch~it RHntended. Customer - agrees to indemnify; defend Ahditold 1 C against all claims, damages, suits, penalties, fines and tiaWii#les fpr.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, Customershall provide unobstructed access tothe equipment. If thoequipment is inaccessible, Customer will be notified, and any additional collection service or attempts to provide "swh service shall be #verged as an "extra p1b1 -Op - CHARGES AND PAYMENT. Customer shall pay Contractor for the services provided by Contractor 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 upon the disposal of Customer's waste materials by federal, state, local or provincial laws and regulations. Payment shall be made by Customer within ten (16) days after receipt of an invoice from Contractor. In the event that any payment is not made when due, Contractor, at its 'sole option, may, at any time, terminate this agreement on notice to Customer and recover any equipment on the premises of Customer. Contractor may impose, and Customer agrees to pay, a late fee not to exceed the maximum rate allowed by applicable law for all past due payments. DISPOSAL AND FUEL COST INCREASES. Since disposal Charges and fuel costs are a significant portion of the cost of Contractor's services provided hereunder, Contractor may increase the unit price of the Schedule of Charges in an amount equal to any equivalent unit increase in disposal or fuel costs. OTHER ADJUSTMENTS TO SCHEDULE OFSHARGES. The Schedule of Charges may be adjusted from time to time to reflect increases in the Consumer Price Index since the ast adjustment (or since the date of execution of this agreement forthe first adjustment ). The Schedule of Charges may be adjusted for reasons other than increases in disposal or fuel costs orthe Consumer Price Index, subject to approval by Customer. 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 has the components and characteristics meeting the description contained in the "Generator's Waste Material Profit Sheet" attached hereto and made a part hereof. in the event such special waste is later determined or defined to be hazardous, toxic or radioactive wast or if the disposal facility permitted to receive such special waste ceases operations or is later prohibited to reel waste, then this agreement shall be subject to immediate termination by either party upRn written notlgg , .tq other. If manifests or shipping papers are required by law to accompany the special waste to the.storage or disposal facility, Customer is reponsible for preparing all manifests or papers in form and number required bylaw. 4. - 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 servicing the equipment location designated by Customer. CHANGES. Changes in the Schedule of Charges, frequency of collection service, number, capacity and type of equipment may be agreed to orally or in writing, by the parties. Consent to oral changes shall be evidenced by the actions and practices of the parties. ATTORNEY'S FEES. In the event of a breach of this agreement by either party, the breaching party shall pay all reasonable attorney's fees, collection fees and costs of the other party incident to any action brought to enforce this agreement. ASSIGNMENT AND BENEFIT. This agreement shall be binding on the parties and their successors and assigns. MISCELLANEOUS. If any conflict or differences exist in this agreement between terms which are printed and those which are typed or written, the typed or written language shall govern.