Item G17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/20/2002
Division: Public Safety
Bulk Item: Yes X No
Department: Solid Waste Management
AGENDA ITEM WORDING: Approval of a contingency lease agreement renewal with
Toppino's, Inc.
ITEM BACKGROUND: Previous natural disasters have shown the need for pre-
approved agreements for various recovery operations. Land is leased from Toppino's,
Inc., on a contingency basis, for debris storage during an emergency. This renewal
seeks to continue that arrangement.
PREVIOUS REVELANT BOCC ACTION: Approval to negotiate a contingency
agreement on 7/21/99; approval of the agreement on 9/8/99; approval of
agreement on 6/14/00; approval of an amendment to the agreement on 2/21/01.
CONTRACT / AGREEMENT CHANGES: Only the term of the agreement is changed. It
will now continue unless canceled by one of the parties.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: unknown
BUDGETED: Yes X No
(Reserves for Contingency) -
COST TO COUNTY: unknown
REVENUEPRODUaNG:Yes
No ---X..
AMOUNT PER MONTH
Year
APPROVED BY: County Atty YES OMB/Purchasing YES
Risk Management ~
ITEM PREPARED BY:
a..-/t? {lJ
Carol A. Cobb, Sr. Administrator Solid Waste Management
DMSION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM /I C ~
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Toppino's, Inc.
Contract #
Effective Date: 1/1/2003
Expiration Date:
~;j14..4~ -
for BOCC meetin on -l2/18!~e~
4432 Solid Waste Management/Stop
#1
(Ex!.) ~Ientlstop #)
"/j 'I4A
A enda Deadline:
Contract Manager: Carol A. Cobb
CONTRACT COSTS
Total Dollar Value of Contract: $ unknown
Budgeted? YesO No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $ nla
- - - -
----
- - - -
----
- - -
----
- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eR. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
9ate In Needed
Division Director (.~Iz.~/QL YesO No
Risk Management ftr krCi)-. YesO N ~ ~{J~
O.M.B./Purchasing 1o\cl\1iZ- YesDNO~~
CountyAttomey 11//7/02- YesONo~ ~
Date Out
Comments:
OMB Form Revised 2/27/01 MCP #2
RENEW AL
VEGETATIVE WASTE AND HURRICANE DEBRIS AGREEMENT
THIS RENEW AL AGREEMENT is entered into on this the day of
, 2002, by and between TOPPINO'S, INC., HEREAFTER "Lessor" and
MONROE COUNlY, FLORIDA, a political subdivision of the State of Florida, hereafter
"County", the Lessee, in order to continue that certain lease agreement dated June 14,
2000 and amended February 23, 2001.
1. Paragraph 7 is hereby amended to read as follows:
"7. The term of this agreement is from January 1, 2003 until December 31, 2004,
subject to paragraph 8 of this agreement, and shall continue from year to year unless
specifically canceled by either party by providing at leqsf 60 days prior written notice
to the other party of their intent to cancel.
2. In all other respects, the original agreement, as amended, between the parties remains
in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day
and year first written above.
TOPPINGS, INC.
BY
President
DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
Deputy Clerk
Mayor/Chairman
BY
J1.N~~ H TTON
DATE - -llf-((li'?~_.
'J
Amendment to Lease AQreement
(Vegetative Waste and Hurricane Debris)
This amendment to lease agreement is entered into this A.3 day of
@ek. , 2001, by and between TOPPINO'S, INC., hereafter
"Lessor" and MONROE COUNTY, FLORIDA,: a political subdivision of the State of
Florida, hereafter "County," the Lessee, In order to amend that certain lease
. .
agreement dated June 14, 2000, as follows:
1. Paragraph 7 is hereby amended to read as follows:
"7. The term of this agreement is from January 1, 2001 until December 31,
2002, subject to paragraph 8 of this agreement. At the conclusion of this
term, this agreement may be extended, upon mutual written agreement of
the parties hereto, and upon negotiation of the rate stated in paragraph 3(a),
also subject to paragraph 8 of this agreement.
2. Paragraph 8 is hereby added as follows:
\\8. Monroe County's obligation to pay under this agre~ment is contingent
upon an annual funding appropriation by the Board of County
Commissioners. "
3. In all other respects, the original agreement between the parties remains in full
force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal,
the day and year first written ab~ve.
TOPPINO'S, INC.
t;
BY~~
President
It!
'...,..~. t:;/ NNY L. KOLHAGE, CLERK
'... .... "--~
8- 6eputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF7NROE COUNTY, FLORIDA
~~.e &~~cJ
ayor/Chairman. .
;)- - d I -D J
...
VEGETATIVE WASTE AND HURRICANE DEBRIS AGREEMENT
tJ
THIS AGREEMENT is entered into on this the /1- day of June, 2000, by and
between Toppino's, Inc., hereafter Lessor, and Monroe County, a political subdivision of the
State of Florida, hereafter County, the Lessee.
In exchange for the mutual promises and consideration set forth below, the parties
agree as follows:
1. The County, or its contractors, shall deliver hurricane debriS to the Lessor's land
Site located at Rockland Key (MM 9, US 1) for storage. Third parties may also deliver
vegetative waste and hurricane debriS to the land site. The operator's failure to abide by the
applicable state and federal statutes and administrative rules, or the terms of any waiver(s)
granted from the applicati~n of such statutes or rules, entitles the County to immediately
terminate this agreement without any County obligation or liability to the Lessor.
2. The Lessor shall furnish Land site necessary to store vegetative waste and
hurricane debriS.
3. a) The Lessor shall make available acreage to receive vegetative waste and
hurricane debriS delivered by the County, its contractors or third parties, for a period of ninety
(90) days, beginning on notice to operate twelve (12) hours per day. The County must pay the
Lessor $255.00 per acre per day. The Lessor consents to the presence of County employees at
the Lessors site for the purpose of verifying the number of hours of operation.
b) The County may terminate this agreement before the expiration of the 90
day term if the County, in its discretion, determines that the storage site is no longer
necessary. If the County terminates this agreement under this subparagraph, then the County
will have no further obligation or liability to the Lessor except the obligation to pay the
Ope~ator the days performed - but unpaid for - up to the date of termination.
4. This written Agreement represents the entire Agreement between the parties
and supersedes any prior written. documents or memoranda or oral communication. This
Agreement may not be amended except through a written amendment signed by both parties.
5. The Lessor reserveS the right, for an additional fee, to furnish personnel and
equipment to properly maintain and control traffic flow and placement of debris in the staging
and dump area.
6. The County shall furnish all necessary insurance to properly protect liability and
property damage. .
...
/
7. This agreement will expire on December 31, 2000 unless the date falls within the
ninety day period described in paragraph 3. In that case, this agreement will expire at the end
of such ninety day period. This agreement may be renewed by mutual consent for additional
ninety day periods should recovery effort extend beyond initial ninety day period.
WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
ve written.
Y L. KOLHAGE, CLERK
BOARD OF COUNIY COMMISSIONERS
OF MONROE COUNIY, FLORIDA
By cS~-F~
Mayor/Chairperson
ATTEST:
TOPPINO'S, INC.
By
~t~~E:~~
jdcontoppino