04/18/1990 Agreement6 GpUNTy�
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BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743.9036
30annp 1. 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
Date: April 27, 1990
On April 18, 1990, the Board of County Commissioners
approved and authorized execution of a Service Agreement
with Florida Disposal Co. concerning solid waste collection
services at Bayshore Manor.
Attached hereto is the original and one Xerox copy of the
subject Agreement which is fully- executed and sealed on
behalf of the County. The original should be delivered to
your Contractor; the other should be kept in your proper
departmental records.
'ffw%� .1 >
Rosalie L. C nolly
Deputy Clerk
Attachments
cc: County Attorney
County Administrator
Finance Department
File
Florida Disposal Co.
A Division of Waste Management, Inc.
1904 Fiaqier Ave., P. 0. Box 1619
Key West, FL 33040
(305) 294 -3787
CUSTOMER'S BILLING NAME
Bay; shor. e Manor
CUSTOMER'S BILLING ADDRESS
5200 k. Junior College Road
CITY, STATE, ZIP CODE
Key West, F1. 33
CUSTOMER CONTACTS
SERVICE LOCATION
ERVICE ADDRESS
CITY, STATE, ZIP COD
BANK REFERENCE
CUSTOMER P.O
CONTACT TELEPHONE NO.
THIS IS A LEGALLY BINDING CONTRACT, AND CONTRACTOR AGREES TOPROVIDE AND CUSTOMER AdAEbft0 ACCEPTTH_`FOL'L 0W4IQGtERV ICESAND EQUIP-
MENT AT THE CHARGES AND FREQUENCY OF COLLECTION INDICATED BELOW SUBJECT TO THE TERMS ANO C'.ONDITtONS SPECLKIED ON THE REVV49E SID €,
CONTAINER SPECIFICATIONS
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SERVICE AGREEMENT
NON - HAZARDOUS WASTES
CUSTOM E R
NUMBER L 0i909
NEW ACCOUNT $
HOW OBTAINED
CHANGE $ Rate
TYPEOFCHANGE increase
TELEPHONE NO.
CANCEL $
REASON
TELEPHONE NO.
SHORT TERM $
FREQUENCY OF SERVICE
❑ ON CALL
❑ PICK UP(S)
PER WEEK
SERVICE DA
EFFECTIVE DISC, DATE
I ❑ CUSTOMER OWNED
❑ WMI OWNED
EQUIP. PROMISE' DATE
P.U. DEL.
DATE DELIVERED
NTRACT
SCHEDULE OF CHARGES
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
*IN CO LOA WIT A "
VIEW DAT
PREVIOUS SVC $
PRESENT SVC $
(OFFICE USE ONLY)
❑ 640 ❑ TICKET PLATE ❑
❑ UPDATE
STREET LISTING ❑ CUST. FILE ❑ SALE SUMMARY ❑ COMPACTOR FILE[]
❑ TICKET TAB ❑ ROUTE CARD ❑
srtclAL INSTHUCTIONS
The terms and conditions of th-Ls Commercial Solid WasE�:
Collection Agreement are regulated by a franchise granted by COSL of Disposal 534.50
Monroe County. Should the customer have any questions relat- Cost of Collection 63.25
ing to the terms and conditions of this Agreement, the customer Total Cost X47.75
may call the Contractor Administrator at (305) 296 -9680.
MISCELLANEOUS DATA FQfi -
"640" - LINE 50
THE TER S AND CONDITIONS ON REVERSE SIDE ARE PART OF THE AGREEMENT.
_ (SEAL j ANNY , _ --
STO
Attest. I,. K��HA�E; CIS, CONTRACTOR a
AUTHORIZED SIGNATURE e 2T REPRESENTATIVE'S SIGNATURE
TITLE ' DATE f $
TERRITORY NO. .DATE
White - Office, Yellow - Customer, Pink - Delivery, Blue - Sales, PAP B -520 WMNA -0038P (3/87)
CUSTOMER'S COPY
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 automatically
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 Customer 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's Definition of Special Waste" (Form No. WMNA- 0038Aadated= 3189), and warrants that 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
ddaste Profile Sheet(s)".either attached hejeto and made a part hereof or subsequently provided to and approved, in writing, by Contractor; or
(2) incidental amounts of Special Waste . fisted by Customer on the Contracjor's,Qefinition of, Special Waste form. Contractor shall acquire
titla.3o the waste materials when lodded 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 indemnify: -defend and hold harmless Contractor against all claims,
damages, suits, penalties,. fines, and liabilities arising out of .-the breach of the above warranties including, 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. equiprrlprit ,for,SRecral_wlllaste, then the following
additional terms and conditions shall apply:
Customer warrants that the Special Waste 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 storage or disposal facility receiving 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 suctySpecial 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 shall remain the property of Contractor, and
Qustomer 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 handltng of the equipment. CuStbmer 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 claims, dartmpges, suits, penalties, fines and liabilities for injury or death to persons or loss or
damage to property arising out of Customer's use, operaflgn or possession of the equipment. On collection day, Customer shall provide
unobstructed access to the equipment. If the equipment is inaccessible, Customer will be notified. and any additional collection service or .
attempt to provide such service shall be charged as an "extra pick -up."
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 maximum rate
allowed by applicable law.
RIGHT TO COMPETE. Customer grants to Contractor the right to compete with any offer which Customer receives (or intends to make)
relating to the provision of nonhazardous waste collection and disposal services upon the termination of this Agreement for any reason, and
agrees to give Contractor written notice of any such offer and a reasonable opportunity to respond to it.
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..all 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,Wc".re.pr+rued and those which are typed or written, the typed
or written language shall govern. This Agreement shall be binding on the`partie� and tf�ew successors and assigns. The representations,
warranties and indemnifications contained herein shall survive the termination of this Agreement.
SWORN STATEMENT UNDER SECTION 287.133(3)(a),
FLORIDA STA S- ON PUBLIC 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.
5019096
for Rayshore Manor
2 This sworn statement is Submitted by Florida Disposal, a Divis of
.Waste Management- ne ' of , Flor:ida [name of entity submitting sworn statement]
whose business address is i 204 Fi agl Pr a Key West Fl 33040
and
(if applicable) its Federal Employer Identification Number (FEIN) is
cY
(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 Prasi den ..
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,
corapiracy, cr material misrepresentation. r
S. 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 cons:. ed ;,f a pub," c entity crime, or
2 An entity under the control of any natural person who is active in the management of the
entity and who has 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. I 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, directors, executives, partners,
shareholders, employ=, 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.]
xx Neither the entity submitting this sworn statement, nor any officers, d1u: c[ois, cxc:cuLive5,
partners, shareholders, employees, 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, 1989, AN2 [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 anal order.] '
The person or affiliate was placed on the convicted vendor list. There has bees 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 W'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.]
Date:
STATE OF
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
�S ���'✓ who, after Ent being sworn by me, affixed hii/her signature
[name of individual signing]
in the space provided above on this
day of � . 19
NOTARY PUBLIC;
C 4, Vat'
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Nno,, 308NOW
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S0: 8 b LZ adV 06.
Form.. PUR 7068 (Rev. 11/89)
UdO0 Jc 10-j 03113