04/19/1988 ` I ' AGREEMENT RECEIVED MAY 2 6 EAR
THIS AGREEMENT is entered into this i 3 day of , 1988
between the Monroe County Board of County Commissioners, 50 itehead Street,
Key West, Florida 33040 ( "County ") and Phoenix - Monroe Inc., 200 South Pine Island Road,
Suite 102, Plantation, Florida 33324 ( "Phoenix ").
W I T N E S S E T H
WHEREAS, County desires to contract for the immediate removal of certain
accumlated metals located at the County landfills, which removal will free needed
space at said landfills, and
WHEREAS, Phoenix is ready and able to provide said removal services on an
immediate basis.
NOW, THEREFORE, in mutual consideration of the benefits accruing to the parties
through performance of the terms of this agreement, County and Phoenix agree as
follows:
1. Payment Rate: County agrees to pay Phoenix for said removal at the rate of
$20.00 per ton. Said price includes all baler operations, fuel, maintenance,
utilities, and off -site trucking costs and expenses.
2. Start and Completion Date: Service provided for by this contract shall
commence on May 15, 1988 and terminate on May 14, 1991.
3. Service: Phoenix shall provide loading and removal service to the landfill
facilities for a three (3) year period. Loading and removal of accumulated metals
shall be performed on an as needed basis.
4. Title of Residues: Residues from processing site will remain the property
of the County.
5. Indemnification: Phoenix agrees to indemnify, defend and hold harmless
County, its officers, employees, and agents from all actions, claims, penalties,
and judgments for damages at law or equity of any nature whatsoever arising, or
alleged to arise, out of (a) the acts or omissions of Phoenix, its employees, agents,
independent contractors, licensees, customers, or invitees, or out of (b) Phoenix'
operation of its business or exercise of rights conferred by this agreement. Phoenix
shall defend County and shall pay all reasonable expenses incurred by County in
defending itself, with regard to all damages and penalties County may legally be
required to pay as a result of the rights granted hereunder. Expenses shall include
all incidental expenses including attorney fees and shall include a reasonable value of
any services rendered by the Office of the County Attorney.
Phoenix' obligations hereunder shall not in any way be limited by the amounts
of insurance expressly required by paragraph 6.
In all instances where Phoenix may be required to indemnify County,
County shall give Phoenix prompt and timely notification of any claims. Phoenix
shall have the right to select counsel and to direct the conduct of the legal
action. County shall not enter into any settlement agreement or otherwise terminate
the action without the consent of, and at its option, participation by Phoenix or
its legal representative.
6. Insurance: Phoenix agrees to provide at its expense comprehensive liability
insurance insuring itself and County against all claims of damages or injury to
persons or property arising for any reason out of its activities related to this
agreement, or otherwise arising from its exercise of rights or failure to perform
obligations pursuant to this agreement. The insurance policy shall be written by a
solvent insurance company in good standing and fully licensed to do business in
Florida, and shall provide a minimum of $300,000.00 coverage for bodily injury and
property damage. A true copy of the insurance contract shall be filed with the
Clerk of the Circuit Court within 10 days after execution of this agreement, and
shall be maintained on file throughout the term of the agreement.
The insurance amounts here provided shall not in any way operate to limit
or release, or be construed to limit or release Phoenix from any liability to County,
or from any obligation to indemnify County as provided herein. Said insurance amount
is a minimum requirement, and shall be supplemented by Phoenix as necessary to meet
its obligations, and to fully indemnify County, as provided in this agreement.
7. Termination: Either party may terminate this agreement upon material breach
of any duty or obligation incurred by the other party pursuant to the terms of this
agreement, after thirty (30) days written notice to the other party.
8. Permits and Approvals /Compliance with Law: Phoenix shall obtain and
maintain all necessary permits and approvals relating to this agreement. Phoenix
shall comply with all federal, state, and local laws and regulations concerning
the agreement and concerning disposal of the materials which are the subject of
this agreement.
9. Successors to Parties Bound: This agreement shall be binding upon any
successor(s) in interest, assign(s), and subleasee(s) of the parties.
10. Captions: Heading labeling any provisions herein are for convenience only,
and shall not in any was be construed as affecting, limiting, expanding, or stating
the contents, meaning, or intent of this agreement.
11. Entire Agreement: This agreement sets forth all the covenants, promises,
agreements, and understandings between County and Phoenix. No subsequent alteration,
amendment, change, or addition to this agreement shall be binding upon County or
Phoenix unless reduced to writing and duly executed by both parties.
IN WITNESS WHEREOF, the undersigned, having been d executed
this agreement.
Signed, Sealed, and Delivered BOARD OIONERS
in the Presenc /of: MONROE
l B y !�-//�`./ : Gene - Lytton,Mayor
.d / . �� / i 0/ 4 IL 4 (\A ► 3 , FAH Date:
(Witnesses)
DAN _ - L. KOLHAGE, Clerk
ATTEST 6knAAYPIL
Signed, Sealed, and Delivered P'IENIX -MO 'OE I C.
in the Presence .
f� - -
/ -, - I
c -1 —' � � /' By . _, _-t- - 0----,
____A 1 ,'/ David M Fin. ay, President
1- -/- A f C' , ti_ , Lam) Date: CJ - G C`'
(Witnesses)
i
ATTEST:
(Corporate Seal)
4PPROVED AS TO F0.?M
AND LEGAL SUFFICIENCY
1Y Att L ., -- — —
Attorney's Office