Item C07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
MEETING DATE: February 21, 2001 DIVISION:
Public Works
BULK ITEM: Yes x No DEPARTMENT: Solid Waste Management
AGENDA ITEM WORDING: Approval of amendment to Lease Agreement with Toppino's Inc.
concerning vacant land to hold vegetative waste and hurricane debris, if needed during
emergencies, at the rate of $255 per acre per day.
ITEM BACKGROUND: If the event of a hurricane or disaster, a contingency site is
available, if needed, to hold vegetative waste and hurricane debris until disposal. This
amendment renews the original agreement for an additional two (2) year period, provides for
renewal upon mutual written consent of the parties, includes a funding availability clause, and
allows for negotiation of the rate subject to funding availability.
-PREVIOUS RELEVANT BOCC ACTION: On 6/14/00 the BOCC approved the original
agreement with Toppino's Inc.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: unknown BUDGETED: Yes: No:
COST TO COUNTY:
REVENUE GENERATED: Yes x No
APPROVED BY: County Atty.: x OMB/Purchasing: x Risk Management: _x
61�z(-/Gl
DIVISION DIRECTOR APPROVAL: Ah-
Dent Pierce
DOCUMENTATION: INCLUDED: X TO FOLLOW: NOT REQUIRED:
l-GNOV-
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY CONDIISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: -
Contract Purpose/Description:
CMS
Effective Date: I/ I l 0 l
Expiration Date:l y / 3 // 0 2-
4-
Contract Manager:
(Name) (Ext.) (Department)
for BOCC meeting on oZ �/ c� l /3 Agenda Deadline:
Total Dollar Value of Contract:
Budgeted? Yes No
Grant: $
County Match: $
Estimated Ongoing Costs: $_
(Not included in dollar value above)
Division Director
Risk Manage ent
O�(/Pu
Xh tna
County Attorney
Comments:
Date In
/ id310 /I
CONTRACT COSTS
$ u n � no u) n Current Year Portion: $ n 6�
Account Codes:
ADDITIONAL COSTS
/yr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Needed Reviewer
Yes No � �
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I It/.21()(V-�
L'3/0/()(y'
1 �
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Date Out-
Form
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Jan 23 01 02:49p Monroe Cnty.Public Works 305-292-4558 p.2
Amendrn�l_t9 Lease Agree ent
(Vegetative Waste and Hurricane Debris)
This amendment to lease agreement is entered into this day of
2001, by and between TOPPINO'S, INC., hereafter
"LeSSOr" nd 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 agreement 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 above.
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
By
Deputy Clerk
TOPPINO'S, INC.
President
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
APPROVED AS To FORfn
4EALA NCY.
RT N.
DATE Z
VEGETATIVE WASTE ANb HURRICANE b BRIS AGREEMENT
17(
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 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.
ATTEST:
By
jdcontoppino
parties hereto have set their hands and seals the day and
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairperson
TOPPINO'S, INC.
By ,
Title
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