07/18/2012 Agreement DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 18, 2012
TO: Rosa Washington, ,Senior Administrator
Solid Waste Management
FROM: Isabel C. DeSantis, D.C.1
At the July 18, 2012, Board of County Commissioner's budget meeting, the Board
approved the following:
Item B8 Award of Bid and entering into a Contract with PermaFix Environmental
Services for cleaning of HazMat Sheds located at the Long Key Transfer Station and at the
Cudjoe Transfer Station. This is a very specialized program and there were only two bidders,
PermaFix and Clean Harbors.
Enclosed are photo copies of the above-mentioned for your handling. Should you have
any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File
HAZARDOUS WASTE SHEDS CLEANING and
DISPOSAL SERVICES
0
From
co 0
LONG KEY TRANSFER STATION, and CUDJOE TRANSFER STATION,
MONROE COUNTY, FLORIDA
This Contract is made and entered into this 18th day of July 2012, between MONROE
COUNTY, FLORIDA("COUNTY"),a political subdivision of the State of Florida,whose address is 1100
Simonton Street, Key West, Florida 33040,and PERMA-FIX OF FLORIDA, INC. ("CONTRACTOR"),a Florida
Corporation,whose address is 1940 NW 67th Place,Gainesville, Fl.32653 and mailing address 8302
Dunwoody Place,#250,Atlanta,GA 30350.
WHEREAS,As part of Monroe County's Hazardous Waste Collection and Disposal Program,the
two storage sheds(Long Key and Cudjoe) must be emptied and the material must be either recycled or
properly disposed of;and
WHEREAS,shed cleaning events will occur on a semi-annual basis(between May and July)with
the report submitted to Monroe County within thirty(30)days of the cleaning event; and
WHEREAS, Contractor shall coordinate shed cleaning event(s)with designated County staff;and
WHEREAS, Contractor shall properly recycle and or dispose of Hazardous Waste collected during
cleaning event(s)according to Florida Department of Environmental Protection(MEP) Rules,and United
States Environmental Protection Act(EPA)and provide the County a Certificate of Disposal,indicating
Final Disposal Site and Method of Disposal,for each and every waste generated through this program
shall be provided by the Contractor to the County within one hundred twenty(120) calendar days of the
Manifest date.
NOW THEREFORE, IN CONSIDERATION OF the mutual promises contained herein,the parties
agree as follows:
TERMS OF CONTRACT: The term of the CONTRACT shall be from July 18,2012 to September 18,
2015,a period of thirty-eight(36)months. Unless either party has given the other written notice of non-
renewal at least sixty(60)days prior to the end of the initial CONTRACT period,the CONTRACT term
shall automatically be extended for one(1)additional two(2)year term. This CONTRACT may otherwise
be terminated as detailed in Section XX.
II. FEES/AVAILABILITY OF FUNDS/COSTS: Fees under this CONTRACT will be set forth on
Attachment A(Price List),attached hereto and incorporated herein.
The funds to be paid are subject to annual appropriation by the Monroe County Board of County
Commissioners. If funds cannot be obtained or cannot be continued at a level sufficient to allow for
continued reimbursement of expenditures for services specified herein,this agreement may be
terminated immediately at the option of the COUNTY by written notice of termination delivered to the
CONTRACTOR. The COUNTY shall not be obligated to pay for any services or goods provided by the
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CONTRACTOR after the CONTRACTOR has received written notice of termination, unless otherwise
required by law.
This contract shall not exceed$36.000 annually for the performance of the Contract,for Hazardous
Waste Sheds Cleaning, Recycling and/or Disposal of Materials Services.
III. PAYMENT TO CONTRACTOR:
A. The CONTRACTOR shall confirm to the COUNTY the date that the cleaning will start.
B. Acceptance of payment by the Contractor shall constitute a waiver of all claims against
the County by the Contractor.
C. COUNTY'S performance and obligation to pay under this agreement, is contingent upon
annual appropriation by the Board of County Commissioners.
D. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment
Act, F.S 218.70-80; payment will only be made after the following has occurred:cleaning
of both sheds(Cudjoe and Long Key), copies of manifest (electronic and hard-copy)
submitted to COUNTY,and submission of invoice by CONTRACTOR. Submission will not
be considered proper unless the above conditions have been met. Partial payments
may be considered if agreed upon by the COUNTY and the CONTRACTOR.
E. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, upon completion of both shed cleanings(Cudjoe and Long Key).
Acceptability to the Clerk is based on generally accepted accounting principles and such
laws, rules and regulations as may govern the Clerk's disbursal of funds.
IV. NO SOLICITATION/PAYMENT: The CONTRACTOR and COUNTY warrant that,in respect
to itself, it has neither employed nor retained any company or person,other than a bona fide employee
working solely for it,to solicitor secure this CONTRACT and that it has not paid or agreed to pay any
person,company,corporation, individual,or firm,other than a bona fide employee working solely for it,
any fee,commission, percentage,gift,or other consideration contingent upon or resulting from the
award or making of this Agreement. For the breach or violation of the provision,the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this CONTRACT without liability and,at its
discretion,to offset from monies owed, or otherwise recover,the full amount of such fee,commission,
percentage,gift,or consideration.
V. MAINTENANCE of RECORDS: CONTRACTOR shall maintain all books,records, and
documents directly pertinent to performance under this CONTRACT in accordance with generally
accepted accounting principles consistently applied. Each party to this CONTRACT or their authorized
representative,or its designee,shall have reasonable and timely access to such records of each of party
to this agreement for public record purposes during the term of the agreement and for four(4)years
following the termination of this CONTRACT. If an auditor employed by the COUNTY or Clerk determines
that monies paid to contractor pursuant to this CONTRACT were spent for purposed not authorized by
this CONTRACT,the CONTRACTOR shall repay the monies together with interest calculated pursuant to
Sec.550.03,F.S., running from the date the monies were paid to CONTRACTOR.
VI. SCOPE OF SERVICE: The Contractor shall furnish all labor, materials, equipment, tools,
transportation, services, and incidentals, and perform all the work necessary in accordance with the
specifications entitled:
HAZARDOUS WASTE SHEDS CLEANING and DISPOSAL SERVICES LONG KEY LANDFILL,CUOIOE LANDFILL.
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1. MONROE COUNTY,FLORIDA SPECIFICATIONS
Work to be coordinated with the Monroe County Solid Waste Department, contact person for Monroe
County is Rosa Washington,Senior Solid Waste Administrator, (305)292-4432,and or site contact
person is Bill Grant,Supervisor, (305)664-2263.
Contractor shall adhere to the following:
A. Florida Administrative Code(F.A.C.) Rule 62-701,Solid Waste Management Facilities.
B. All Monroe County applicable"Codes and Regulations'
C. Any damages by the contractor shall be repaired at no extra cost to Monroe County.
D. Upon completion,the contractor shall clean up the work site of all equipment, materials and
debris.
E. The schedule to perform the work will require coordination with the Monroe County Solid
Waste Department.
F. The contractor shall designate a representative to work with the County and to be available to
answer any questions concerning the process.
G. Contractor shall provide training to Monroe County Hazardous Waste Personnel, as outlined in
specifications.
VII. ACCEPTANCE OF CONDITIONS BY CONTRACTOR: CONTRACTOR has, and shall maintain
throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall
be submitted to the COUNTY upon request.
VIII. PUBLIC ACCESS: The COUNTY and CONTRACTOR shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
IX. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this AGREEMENT, CONTRACTOR shall defend, indemnify and hold
the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and
against(i)any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated
with respect to, or sustained by any indemnified party by reason of, or in connection with, (A) any
activity of CONTRACTOR or any of its employees, agents,contractors or other invitees during the term of
this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees,
agents, contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations
that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions,causes of action, litigation, proceedings,costs or expenses
relate to events or circumstances that occur during the term of this agreement,this section will survive
the expiration of the term of this agreement or any earlier termination of this agreement.
Prior to execution of this agreement,CONTRACTOR shall furnish the COUNTY Certificates of Insurance
indicating the minimum coverage limitations in the following amounts:
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WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable,worker's
compensation coverage to apply for all employees at a minimum statutory limit as required by Florida
Law,and Employer's Liability coverage in the amount of$100,000.00 bodily injury by accident,
$500,000.00 bodily injury by disease, policy limits, and$100,000.00 bodily injury by disease, each
employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance,
including applicable no-fault coverage,with limits of liability of not less than$300,000.00 per
occurrence,combined single limit for Bodily Injury Liability and Property Damage liability. If single limits
are provided,the minimum acceptable limits are$50,000.00 per person,$100,000.00 per occurrence,
and$25,000.00 property damage. Coverage shall include all owned vehicles,all non-owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL LIABILITY:Commercial general liability coverage, including Premises Opera-
tions, Products and Completed Operations, Blanket Contractual Liability, and Expanded Definition of
Property Damage,with limits of liability of not less than$300,000.00 per occurrence, $100,000.00 per
person,$50,000.00 property damage,combined single limit$300,000.00.
CERTIFICATES OF INSURANCE:Original Certificates of Insurance shall be provided to the COUNTY at the
time of execution of this Agreement and certified copies provided if requested. Each policy certificate
shall be endorsed with a provision that not less than thirty(30)calendar days'written notice shall be
provided to the COUNTY before any policy or coverage is canceled or restricted.The underwriter of such
insurance shall be qualified to do business in the State of Florida. If requested by the County
Administrator,the insurance coverage shall be primary insurance with respect to the COUNTY, its
officials,employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED
ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
X. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
Agreement entered into by the COUNTY be required to contain any provision for waiver.
XI. INDEPENDENT CONTRACTOR: At all times and for all purposes under this agreement
CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners
of Monroe County. No statement contained in this agreement shall be construed so as to find
CONTRACTOR or any of his employees,subs,servants, or agents to be employees of the Board of County
Commissioners of Monroe COUNTY.
XII. NONDISCRIMINATION: COUNTY and CONTRACTOR agree that there will be no
discrimination against any person, and it is expressly understood that upon a determination by a court
of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order. COUNTY or
CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
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1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps;4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the
basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912,
ss. 523 and 527(42 USC ss.690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and
drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this
Agreement.
XIII. ASSIGNMENT/SUBCONTRACT: CONTRACTOR shall not assign or subcontract its
obligations under this agreement to others, except in writing and with the prior written approval of the
Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject
to such conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with
all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
XIV. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS: In providing all services/goods
pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government,
ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including
those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to,
the immigration laws of the Federal and State government. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance
with these specifications throughout the term of this Agreement.
XV. DISCLOSURE AND CONFLICT OF INTEREST: CONTRACTOR represents that it, its
directors, principles and employees, presently have no interest and shall acquire no interest, either
direct or indirect,which would conflict in any manner with the performance of services required by this
contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and
employees of the COUNTY recognize and will be required to comply with the standards of conduct for
public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any
company or person,other than a bona fide employee working solely for it,to solicitor secure this
Agreement and that it has not paid or agreed to pay any person, company,corporation, individual,or
firm,other than a bona fide employee working solely for it,any fee,commission,percentage,gift,or
other consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision,the CONTRACTOR agrees that the COUNTY shall have the right to
terminate this Agreement without liability and, at its discretion,to offset from monies owed,or
otherwise recover,the full amount of such fee, commission, percentage,gift,or consideration.
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XVI. NO PLEDGE OF CREDIT: CONTRACTOR shall not pledge the COUNTY'S credit or make it
a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness
that would impair its ability to fulfill the terms of this contract.
XVII. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested,to the following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County Raymond Whittle,V.P.Operations
Solid Waste Department PermaFix Environmental Services
1100 Simonton Street,#231 1940 NW 67t" Place
Key West, FL. 33040 Gainesville, Fl. 32653
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
X . TAXES: COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized
to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under this
agreement.
XX. TERMINATION:
A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7)days
notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either
party to perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving the other
party sixty(60) days written notice of its intention to do so with neither party having any
further obligation under the terms of the contract upon termination.
C. If the CONTRACTOR is adjudged a bankrupt, or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he
persistently or repeated refuses or fails,except in case for which extension of time is
provided,to supply enough properly skilled workmen or proper materials and fails to
maintain an established schedule(failure to maintain schedule shall be defined as any
scheduled activity that falls seven (7)days or more behind schedule)or if he fails to make
prompt payment to subcontractors for materials or labor,or persistently disregards laws,
rules, ordinances, regulations, or orders of any public authority having jurisdiction,or
otherwise is guilty of a substantial violations of a provision of the Agreement,then the
COUNTY may,without prejudice to any right or remedy and after giving the CONTRACTOR
and his surety, if any,seven (7)days written notice,during which period CONTRACOTR fails
6
to commence correction of the violation,terminate the employment of the CONTRACTOR
and take possession of the site and of all materials,equipment,tools,construction
equipment and machinery thereon owned by the CONTRACTOR,and may finish the Project
by whatever method the COUNTY may deem expedient. In such case,the CONTRACTOR
shall not be entitled to receive any further payment until the Project is finished nor shall he
be relieved from his obligations assumed under Article 2. Reasonable terminal expenses
incurred by the COUNTY may be deducted from any payments left owing the CONTRACTOR.
XXI. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable to
Agreements made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the
COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida.
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a
term of this Agreement by or between any of them the issue shall be submitted to mediation prior to
the institution of any other administrative or legal proceeding.Mediation proceedings initiated and
conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure
and usual and customary procedures required by the circuit court of Monroe County.
XXII. SEVERABILITY: If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions
of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms,covenants,conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision
that comes as close as possible to the intent of the stricken provision.
XXIII. ATTORNEY'S FEES AND COSTS: COUNTY and CONTRACTOR agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court
costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
XXIV. ADJUDICATION OF DISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of COUNTY and CONTRACTOR. If no resolution can be agreed upon within 30
days after the first meet and confer session,the issue or issues shall be discussed at a public meeting of
the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of
COUNTY and CONTRACTOR,then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
XXV. COOPERATION: In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
7
provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
XXVI. BINDING EFFECT: The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives,successors, and assigns.
XXVII. AUTHORITY: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and
corporate action, as required by law.
XXVIII. CLAIMS FOR FEDERAL OR STATE AID: CONTRACTOR and COUNTY agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall
be approved by each party prior to submission.
XXIX. PRIVILEGES AND IMMUNITIES: All of the privileges and immunities from liability,
exemptions from laws,ordinances,and rules and pensions and relief, disability,workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY,when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of
the COUNTY.
XXX. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution,state statute,and case law.
XXXI. NON-RELIANCE BY NON-PARTIES: No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee
of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual
or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart, inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
XXXII. ATTESTATIONS: CONTRACTOR agrees to execute such documents as the COUNTY may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free
Workplace Statement.
XXXII!. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
8
personally on this Agreement or be subject to any personal liability or accountability by reason of the
execution of this Agreement.
XXXIV. EXECUTION IN COUNTERPARTS:
This Agreement may be executed in any number of counterparts,each of which shall be regarded as an
original,all of which taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
XXXV. SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
XXXVI. PUBLIC ENTITY CRIME INFORMATION STATEMENT: "A person or affiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid
on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building or public work, may not submit bids on
leases of real property to a public entity, may not be awarded or perform work as a Construction
Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor
list."
XXXVII. MUTUAL REVIEW: This agreement has been carefully reviewed by Contractor and the
County therefore;this agreement is not to be construed against either party on the basis of authorship.
XXXVIII. INCORPORATION OF BID DOCUMENTS: The terms and conditions of the bid
documents are incorporated by reference in this contract agreement.
XXXIX. ANNUAL APPROPRIATION: The County's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the
event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated and the County has no further obligation under the terms of this Agreement to the
Contractor beyond that already incurred by the termination date.
IN WITNESS WHEREOF,COUNTY and CONTRACTOR hereto have executed this Agreement on the day
and date first written above in four(4) counterparts,each of which shall,without proof or accounting
for the other counterparts, be deemed an original Contract.
IN WITNESS WHEREOF the parties hereto have executed this Contract on the day and date first
written above.
(SEAL) "` BOARD OF COUNTY COMMISSIONERS
Attest: DANhlY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
By: c=acreia-/C. £ €1,2t o/ By:
Deputy Clerk ayor
Date: 0-2— g Date: 07-/g
9
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE: October 18. 2012
TO: Robert Eadie, J.D.
CND Director/Administrator
ATTN: Bunny VanBourgondien
Contract Administrator
FROM: Isabel C. DeSantis, D.C.
At the September 21, 2012, Board of County Commissioner's meeting, the Board
approved the following:
Item LI Amendment to the core contract by the Monroe County Health Department which
are required by the State of Florida, Department of Health.
Attached please find a photocopy of the above-mentioned for your handling. Should you
have any questions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File
Witnesses for CONTRACTOR:
(CORPOR TES SEAL) CONTRACTOR
Attest:
By: C9—e14.24016
Raymond Whittle,
Title: Admi Support Specialist Title: Vice President/General Manager
V.P. Operations
By: Candis d. Wilkerson Address: 1940 NW 67th Place
Gainesville, Florida 32653
Date: June 28, 2012
t-ts CANON J.WILKERSON
Ndary P001k•Stye of FMNa
My Comm.Expires MO 5.2014
k .—�;," Commission•OD 1000004
MONROE COUNTY ATTORNEY
/t AAP}PRO(VnED AS TOO FORM:E
l3I.Lti..t tab our it.1n
CHRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
Date tolaRll2.
10
Monroe County Pricing Table A
The bidder proposes the following services to Monroe County for the following
costs.
COSTS FOR COLLECTION AND PACKAGING
Perma-Fix Environmental Services. Inc. proposes to conduct two (2) household
hazardous waste collection events from the two Monroe County permanent
collection centers per year or on an as-needed basis. The bidder proposes to
provide household hazardous waste collection and packaging services to Monroe
County with the following proposed level of staffing:
Project Manager 1
Chemist 1
Technician 1
Perma-Fix Environmental Services, Inc. proposes to provide household
hazardous waste collection and packaging services to Monroe County for a fee
of $0.00 per eight-hour day. Perma-Fix proposes to charge the County a fee of
$0.00 per hour for services performed in excess of eight hours per day.
COSTS FOR TRANSPORTATION AND DISPOSAL
Perma-Fix anticipates that the County will generate the following types of
wastes and proposes to charge the County the following fees for the
transportation and disposal of these wastes. The proposed Lab Pack pricing
includes all containers,packing media (e.g. vermiculite) and all necessary
labels. The management of all wastes shall be limited to the following disposal
options. The proposer has identified the intended disposal method for each
waste type using the following codes:
(T) Hazardous Waste Treatment
(L) Hazardous Waste Landfill (Subtitle C)
(I) Hazardous Waste Incineration
(F) Hazardous Waste Fuels Blending
(R) Recycling
1) Flammable Liquid, Low Chlorine, Bulk
Size of container Disposal Method Cost
55 Gallon F $86.60
30 Gallon F $65.50_
5 Gallon F $25.00
2) Flammable Liquid, High Chlorine, Bulk
Size of container Disposal Method Cost
55 Gallon F $86.60
30 Gallon F $65.50
5 Gallon F $25.00
3) Flammable Liquid, Low Chlorine, Lab Pack
Size of container Disposal Method Cost
55 Gallon F $75.00
30 Gallon F _$75.00
5 Gallon F $35.00
4) Flammable Liquid, High Chlorine, Lab Pack
Size of container Disposal Method Cost
55 Gallon F $75.00
30 Gallon F _$75.00
5 Gallon F $35.00
5) Flammable Liquid, Poison, Bulk
Size of container Disposal Method Cost
55 Gallon F $595.60
30 Gallon F $395.50_
5 Gallon F $150.40
6) Flammable Solids, Lab Pack
Size of container Disposal Method Cost
55 Gallon F $282.75
30 Gallon F $230.15_
5 Gallon F $104.50_
7) Aerosol Cans
Size of container Disposal Method Cost
55 Gallon F/I $281.60
30 Gallon F/I $219.50_
5 Gallon F/I $79.40
8) Hazardous Waste, Liquid or Solid, Lab Pack
Size of container Disposal Method Cost
55 Gallon F/I/T/L $100.00
30 Gallon F/I/T/L _$75.00
5 Gallon F/I/T/L $60.00
9) Poisonous Material, Liquid or Solid, Lab Pack
Size of container Disposal Method Cost
55 Gallon F/T/L $195.00
30 Gallon F/T/L $145.00
5 Gallon F/T/L $50.00
10) Corrosive Material, Lab Pack
Size of container Disposal Method Cost
55 Gallon T $75.00
30 Gallon T $75.00_
5 Gallon T $75.00
11) Oxidizers, Liquid, Bulk
Size of container Disposal Method Cost
55 Gallon T $425.00
30 Gallon T _$325.00
5 Gallon T $135.00
12) Oxidizers, Liquid or Solid, Lab Pack
Size of container Disposal Method Cost
55 Gallon T/I $482.75
30 Gallon T/I $380.15_
5 Gallon T/I $144.50
13) Pesticides or Herbicides, Liquid or Solid, Lab Pack
Size of container Disposal Method Cost
55 Gallon I $281.60
30 Gallon I $229.50_
5 Gallon I $104.50
14) Cyanides or Sulfides, Lab Pack
Size of container Disposal Method Cost
55 Gallon I $275.00
30 Gallon I _$175.00_
5 Gallon I $144.50
15) Batteries, Dry Cell
Size of container Disposal Method Cost
55 Gallon I $0.60/Ib
30 Gallon I $0.60/lb
5 Gallon I $0.60/Ib
16) Batteries, Lead Acid
Size of container Disposal Method Cost
55 Gallon R $159.75
30 Gallon R $107.15_
5 Gallon R $64.50
17) Antifreeze, Lab Pack
Size of container Disposal Method Cost
55 Gallon R $75.00 _
30 Gallon R $75.00 _
5 Gallon R $45.00
18) Used Oil
Size of container Disposal Method Cost
55 Gallon R/F $54.00 _
30 Gallon R/F $45.00 _
5 Gallon R/F $30.00
19) Antifreeze, Bulk Liquid
Size of container Disposal Method Cost
55 Gallon R/F $75.00 _
30 Gallon R/F $75.00
5 Gallon R/F $45.00
20) Latex Paint, Bulk Liquid
Size of container Disposal Method Cost
55 Gallon T/L $107.00 _
30 Gallon T/L $85.00 _
5 Gallon T/L $15.00
21) PCB Liquids, Bulk
Size of container Disposal Method Cost
55 Gallon R/I $685.00
30 Gallon R/I $495.00
5 Gallon R/I $250.00
22) PCB Solids, Bulk
Size of container Disposal Method Cost
55 Gallon R/I $395.00
30 Gallon R/I $295.00
5 Gallon RQ $200.00
23) Dioxin, Liquid or Solid, Labpack
Size of container Disposal Method Cost
55 Gallon I $100.00
30 Gallon I _$75.00
5 Gallon 1 $50.00
24) Non-Regulated Soaps, Polishers, and Others
Size of container Disposal Method Cost
55 Gallon T/L $107.00
30 Gallon T/L $85.00 _
5 Gallon T/L $50.00
25) Mercury Metallic, Lab Pack
Size of container Disposal Method Cost
55 Gallon R $250.00 _
30 Gallon R_ $250.00
5 Gallon R $209.50
26) Flammable Sludges, Bulk
Size of container Disposal Method Cost
55 Gallon F $163.60
30 Gallon F $129.50
5 Gallon F $35.00_
27) Flammable Solids, Bulk
Size of container Disposal Method Cost
55 Gallon F/I $228.75
30 Gallon F/I $168.15
5 Gallon F/I $70.50
28) Flammable Liquid, High Water, Bulk
Size of container Disposal Method Cost
55 Gallon F $193.60
30 Gallon F $153.50
5 Gallon F $35.00
29) Corrosive Material, Bulk
Size of container Disposal Method Cost
55 Gallon T $262.60
30 Gallon T $215.50_
5 Gallon T $80.00
30) Hazardous Waste, Liquid or Solid, Bulk
Size of container Disposal Method Cost
55 Gallon T/F/I/L $254.00
30 Gallon T/F/I/L $207.00_
5 Gallon T/F/I/L $80.00