03/28/1990 Agreement V
AGREEMENT
THIS AGREEMENT is entered into this `l' day of 0
1990, between Monroe County, Florida ( "County "), Public Service
Building, Stock Island, Key West, Florida 33040, and Enviromet,
Inc., ( "Enviromet "), 13200 Cairo Lane, Opa Locka, Florida 33054.
W I T N E S S E T H:
WHEREAS, County desires to contract for the immediate and
continuing removal of certain accumulated ferrous metals located
at the three County landfills, which removal will free needed
space at the landfills, and
WHEREAS, Enviromet is ready and able to provide said removal
services on an immediate and continuing basis, and
WHEREAS, the parties wish to provide terms and conditions
therefor;
NOW, THEREFORE, in mutual consideration of the benefits
accruing to the parties through performance of the terms of this
Agreement, County and Enviromet agree as follows:
1. Scope of Initial Work Enviromet agrees to process,
load, remove and transport to an approved location all various
grades of ferrous and non - ferrous scrap metals, including "white
goods" in excess of fifty tons, located at the Cudjoe Key, Long
Key and Key Largo Landfills on the date of execution of this
Agreement. Enviromet shall begin this work within one day of
execution of this Agreement and shall remain on -site and
diligently pursue the work until completed. A high - production
bailing operation with the ability to feed material and remove
and stack bundles shall be used. Heavy steel may be torched or
removed whole, whichever is more cost effective.
2. Payment Rate. County agrees to pay Enviromet for the
services described in paragraph 1 at the rate of $20.00 per net
ton. Said price includes all baler operations, other processing,
fuel, maintenance, utilities and off -site trucking costs and
expenses. Tonnage measurement will be per weights across
County's scale, with payments made on a net thirty -day basis.
Enviromet shall bill County on the first and fifteen of every
applicable month.
3. Continuing Service. Following completion of the
initial work period referred to in paragraph 1, above, Enviromet
shall provide the same services described in paragraph 1 for an
additional five (5) year period. Processing, loading, removal
and transport of accumulated ferrous metals shall be performed
whenever a fifty (50) ton accumulation is reached. Such services
shall be performed on the same conditions contained in paragraph
1, above, and on the same payment terms contained in paragraph 2,
above. Enviromet shall use a mobile sorting table to cannibalize
white goods for non - ferrous recovery. During the term of this
Agreement but in no event sooner than one year from execution of
• this Agreement, and upon County's approval and at its direction
as to location and procedures, Enviromet shall purchase, own, and
install magnetic separation equipment on the incinerators'
removal conveyor belt at all three landfills, and shall continue
same throughout the term of this Agreement. This Agreement may
be renewed for an additional four (4) year period upon the
expiration of the five -year period referred to above; any such
renewal, however, shall occur only by mutual consent of both
parties and shall be conditioned upon satisfactory performance of
Enviromet, as determined solely by County of the Initial Work and
Continuing Service described above.
4. Landfill Ash Mining. Upon approval of and in the sole
discretion of County, Enviromet may mine the ash residue only for
ferrous and non - ferrous metals. Any such mining shall be
discontinued at any time County so directs. All materials
recovered through any such procedure shall be removed from the
landfill site and disposed of in a proper manner. Payment for
these services shall be as described in paragraph 2, above.
5. Additional Conditions. The following conditions shall
be observed by the parties in all operations conducted pursuant
to this Agreement:
a. Any residues remaining on the processing site shall
remain the property of County. No back charges will be
imposed upon Enviromet.
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b. All necessary equipment, including baler, cranes and
loaders, shall be purchased, maintained and operated by
Enviromet. Enviromet agrees to provide and maintain
such equipment in good working condition, and to
provide equipment of a quality equal to or above
standard in the industry.
c. County shall make available on the site water and
electricity. Enviromet shall on a monthly basis pay
for such utility service.
d. County shall make available, at no charge, the existing
on -site weight scale for Enviromet's use.
e. County shall allow Enviromet access to the site to
perform contract services during the hours of 8 :00 A.M.
and 5:00 P.M., Monday through Saturday. In case
repairs are necessary to Enviromet's equipment, County
shall allow site access as necessary, whether or not
during normal operating hours.
f. County shall allow Enviromet to locate a parts and
equipment trailer, to be furnished by Enviromet, on
site, at no charge to Enviromet. The trailer shall be
placed on rubber tires at all times, and shall meet all
applicable County Code and other requirements.
g: Enviromet shall treat all sizes and types of metals
equally and shall not be selective in their removal.
County may direct Enviromet as to weekly removal
locations to be worked. Enviromet shall conduct all
operations in a safe and orderly manner. County may
conduct inspections of Enviromet's operations on a
weekly basis, and if, in the opinion of County's
Municipal Service District Director, Enviromet has
failed to maintain said neat condition, County shall
issue a warning notice, which may be oral to executive
management only or written to main office with return
receipt requested, to Enviromet. Should Enviromet not
correct the condition within 24 hours, County may dock
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Enviromet the equivalent of five tons' payment,
calculated according to paragraph 2, above.
6. Indemnification. Enviromet 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 Enviromet, its employees,
agents, independent contractors, licensees, customers or
invitees, or out of (b) Enviromet's operation of its business or
exercise of rights conferred by this Agreement. Enviromet shall
defend County and shall pay all reasonable expenses incurred by
County defending itself by virtue of negligent acts of Enviromet
which result in bodily injury to persons or damage to tangible
property. Expenses shall include all incidental expenses
including attorney fees and shall include a reasonable value of
any services rendered by the County Attorney.
Enviromet's obligations hereunder shall not in any way be
limited by the amounts of insurance expressly required by
paragraph 7, below.
In all instances where Enviromet may be required to
indemnify County, County shall give Enviromet prompt and timely
notification in writing, with return receipt requested, of any
claims: Enviromet 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
Enviromet or its legal representative.
7. Insurance. Enviromet agrees to procure and maintain at
its expense comprehensive liability insurance insuring itself and
County against claims of damages for bodily injury to persons and
damage to tangible property arising out of its activities related
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
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County Risk Management Coordinator and the Municipal Services
District Director within 10 days after execution of this
Agreement, and shall be maintained on file throughout the term of
this Agreement.
The insurance amounts herein provided shall not in any way
operate to limit or release, or be construed to limit or release,
Enviromet 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 Enviromet as
necessary to meet its obligation and to fully indemnify County,
as provided in this Agreement. Enviromet's failure to maintain
the insurance policy in full force and effect any any time during
the term of this Agreement shall be a material breach hereunder,
and in such event Enviromet shall immediately suspend all
activity and shall provide County written notice of the failure
to maintain.
8. 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.
9. Permits and Approvals /Compliance With Law. Enviromet
shall obtain and maintain all necessary permits and approvals
relating to this Agreement. Enviromet 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. County shall use its best efforts to
assist Enviromet in the above.
10. Successors to Parties Bound. This Agreement shall be
binding upon any successor(s) in interest, assign(s), and
sublessee(s) of the parties.
11. Captions. Headings labeling any provisions herein are
for convenience only, and shall not in any way be construed as
affecting, limiting, expanding or stating the contents, meaning
or intent of this Agreement.
12. Public Entity Crimes Form. The County will immediately
terminate this Agreement if any person or affiliate of Enviromet
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appears on the convicted vendor list prepared by the Department
of General Services, State of Florida, under Sec. 287.133(3)(d),
Fla.Stat. (1989), and in this regard, the County requires that
Enviromet execute the attached Public Entity Crimes form at the
time of execution of this Agreement by Enviromet.
13. Entire Agreement. This Agreement sets forth all the
covenants, promises, agreements and understandings between County
and Enviromet. No subsequent alteration, amendment, change or
addition to this Agreement shall be binding upon County or
Enviromet unless reduced to writing and duly executed by both
parties.
IN WITNESS WHEREOF, the undersigned, having been duly
authorized, executed this Agreement.
MONROE COUNTY, FLORIDA
Kulc7"
By: Mayor /Chairman of the Board
of County Commissioners of
Monroe County, Florida
(SEAL) Date: /SW 90
Attest: PANADMWAIAGE, Clerk
-Y `
(111 1fer‘ 14
ENVIR• IT, INC.
Ire' , ui , .r ze• •ge
(SEAL) Date: W 9- I
Att ct:
Se e y
APPROVED AS TO tOMI
ARID LEGAL SUFFICIENCY.
�1
Attornoy' Office
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