Item C09
Revised 2/95
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/14 - 6/15/00
Bulk Item: Yes ~ No D
Division: Solid Waste Management
Department: Solid Waste Management
AGENDA ITEM WORDING: Approval of vegetative waste and hurricane debris lease
agreement between Monroe County and Toppinos. Inc.
ITEM BACKGROUND: Land was leased from Toppino's. Inc. for debris storage during
the 1998 natural disasters and an agreement was in place for 1999 storm events should
the need for land had been necessary.
PREVIOUS RELEVANT BOCC ACTION: Approval of agreement 10/21/98 and 7/21/99.
STAFF RECOMMENDATION: Approval.
TOTAL COST: iQ
COST TO COUNTY: iQ
REVENUE PRODUCING: Yes D No ~ AMOUNT PER: MO $_ YR $
BUDGETED: Yes D No ~
APPROVED BY: COUNTY ATTY~ OMB/PURCHASING~ RISK MANAGEMENT~
DIVISION DIRECTOR APPROVAL:
w?~
Clark Lake, Division Director
DOCUMENTATION: INCLUDED ~
DISPOSITION:
TO FOLLOW 0 NOT REJ~Jh
AGENDA ITEM #: L......
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Toppino's. Inc. Effective Date:61 100
Expiration Date: 12/31/00 - Paragraph 7
Contract Purpose/Description:Contingency Agreement for land to be utilized for the staging of
disaster debris.
Contract Manager:Clark Lake
(Name)
for BOCC meeting on 6/14/00
x4432
(Ext. )
Solid Waste Management
(Department)
Agenda Deadline: 5/31/00
CONTRACT COSTS
Current Year Portion: $
Total Dollar Value of Contract: $Q
Budgeted? YesO No C8J Account Codes:
Grant: $
County Match: $
- - -
----
- - -
----
- - -
----
- - -
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Estimated Ongoing Costs: $Q/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For:
(eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
qate Ip Needed
Division Director )78 tJ 10 () YesO NoC8J
Risk Management 5-21)' (X) YesO NoC8J
O.M.B./Purchasing 5 ~ J po YesO NoC8J
County Attorney 5/23/00 YesO NoC8J
Comments:
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~ N IJ-J
Date Out
r/JO/CJo
::;30 -CD
5~11~
5/23/00
OMB Form Revised 9/11/95 MCP #2
VEGETATIVE WASTE AND HURRICANE DEBRIS AGREEMENT
THIS AGREEMENT is entered into on this the 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 application 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
Operator 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 foils 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNlY, FLORIDA
By
By
Deputy Clerk
Mayor / Chairperson
ATTEST:
TOPPINO'S, INC.
By
By ~ jlt~Li~ V, ~ 4&v~iJ
Title . (f,t.../".;j ,
Jdcontoppino