Item C12
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 7/18 -7/19/2001
Division: Public Works
Bulk Item: Yes XX
No
Department: Solid Waste Management
AGENDA ITEM WORDING: Approval of a Renewal Agreement with the Monroe County
Health Department for Small Quantity Hazardous Waste Assessment, Notification and
Verification.
ITEM BACKGROUND: Following a re-organization of the Division's Hazardous Waste Unit in
1997, an agreement was reached with the Monroe County Health Department to perform the
Small Quantity Hazardous Waste Assessment, Notification and Verification required by the
Department of Environmental Protection. This action seeks to continue that agreement.
PREVIOUS REVELANT BOCC ACTION: Approval of the original agreement on 6/18/97,
approval of subsequent renewals on 6/10/98 and 5/12/99. Approval of the current Agreement on
3/15/00 and a renewal on 6/14/2000
CONTRACT/AGREEMENT CHANGES: The only change is in the remuneration; an increase
of 2.9% based on the Consumer Price Index.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $70.699.23
BUDGETED: Yes..X- No
COST TO COUNTY: $70.699.23
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY: County Atty --2L OMB/Purchasing ~
Risk Management _X_
DIVISION DIRECTOR APPROVAL:
~t?~
Dent Pierce, Director
&J~rlt.J)
To Follow_
Not Required_
DOCUMENT A TION:
Included X
DISPOSITION:
AGENDAITEM#/"'~ /.2.
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Monroe County Health Contract #
DEPARTMENT Effective Date: 7/1/2001
Expiration Date: 6/30/2002
Contract Purpose/Description:
Perform the Small Quantity Hazardous Waste Assessment, Notification, and
Verification program reQuired by the Department of Environmental Protection.
Contract Manager: Carol A. Cobb 4432 Solid Waste Management/Stop
#1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 7/18/2001 Agenda Deadline: 7/3/2001
CONTRACT COSTS
Total Dollar Value of Contract: $ $70,699.23
Budgeted? Yes[8J No D Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $
414-40501-530-340-
$7~
./ /7. w'7lf.BI
- - -
----
- - -
----
- - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $N/Alyr For:
ot included in dollar value above e . maintenance, utilities, . anitorial, salaries, etc.
CONTRACT REVIEW
Changes
Date In Needed
Division Director 6/5/01 YesD No[8J
Ri~k Manag~r:ent Go [I < \ 0 I YesO NOrrr {l. j,J ~\\~ fS,-e'-<-::t""",
~1P~ing(p-11-61 YeSONoB"~t?~ t/l-O/
CountyAttomey tp/V/&/ YeSONO~~
Comments:
i.~~
Date Out
OMB Fonn Revised 2/27/01 MCP #2
RENEWAL AGREEMENT
This renewal agreement is entered into on this, the 1st day of July, 2001, by and
between the MONROE COUNTY HEALTH DEPARTMENT (the Contractor) and
MONROE COUNTY, a political subdivision of the State of Florida (the County).The
parties agree as follows:
1. The term of the agreement between the parties commencing on July 1,
1999, a copy of which is attached and made a part of this renewal, is
hereby renewed and extended until the 30th day of June, 2002.
2. Compensation is adjusted in accordance with Paragraph 10 to $70,699.23
per year (CPI - 2.9%). In all other respects, the original agreement
between the parties dated July 1, 1999, remains in full force and effect.
(SEAL)
A'ITEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
WITNESSES:
MONROE COUNTY PUBLIC HEALTH UNIT
x
x
Administrator
x
AGREEMENT FOR SMALL QUANTITY HAZARDOUS WASTE
ASSESSMENT. NOTIFICATION AND VERIFICATION PROGRAM
THIS AGREEMENT for a small quantity generator assessment. notification and verification
program is entered into by and between Monroe County, a political subdivision of the State of Florida,
whose address is 5100 College Road, Key West, FL 33040, hereafter County, and the Monroe County
Health Department, an agency of the State of Florida, whose address is 5100 College Road, Key
West, FL 33040, hereafter MCHD.
WHEREAS, the County is obligated by Secs 403.7225 through 403.7236, Fla. Stat. and
Chapter 62-731, FAC. to conduct a small quantity generator assessment. notification and verification
program hereafter the Program;
WHEREAS, the County desires to contract out its obligations under the Program to the MCHD.
which represents that it is professionally qualified to carry out the Program;
WHEREAS, such a contract is authorized by Sec. 163.01, Florida Statutes; now, therefore,
IN CONSIDERATION of the mutual covenants contained in this Agreement, the parties agree
as follows:
1. The parties agree to rescind their small quantity hazardous waste contract dated
Julv 1st, 1999. A copy of the .Jllly l~t .1999 contract is attached to this agreement and
made a part of it. The parties agree that henceforth neither will have any duty, obligation or liability to
the other under the July 1st. 1999 agreement.
2. The MCHD must conduct the Program within the boundaries of MC (including all
municipalities within the County) in order to identify small generator hazardous waste problems within
the County. The small hazardous waste generator management assessments must be reviewed every
five years. The assessment lists must be brought up to date annually before the end of the five year
interval by including the applicable names from DEP sources, occupational licenses, building permits,
and from not less than one complete survey of the business pages of the County's local telephone
systems. Annually, the MCHD must verify the management practices of at least twenty (20%) percent
of its small quantity generators.
3. In carrying out its Program obligations, the MCHD must comply with the requirements of
the small quantity generator assessment, notification and verification program specified in the booklet
. Guidelines to Conduct the County Small Quantity Generator Assessment, Notification and
Verification Program. dated February 1994 and adopted by Rule 67-731.030(2), FAC, the
applicable portions of Chapter 62-731, FAC and Sections 403.7225 through 403.7236, Fla. Stat.
4. In accordance with Section 216.347, Fla. Stat. the MCHD is hereby prohibited from
using funds provided by this Agreement for the purpose of lobbying the legislature, the judicial branch,
or a State agency.
5. To the extent required by law, the MCHD must be self-insured against, or must secure
and maintain during the life of this Agreement, Workers' Compensation Insurance for all of its
employees connected with the work of this Program. Such self-insurance program or insurance
coverage must comply fully with the Florida Workers' Compensation law. In case any class of
employees engaged in hazardous work under this Agreement are not protected under the Workers'
Compensation statutes, the MCHD must provide adequate insurance satisfact01Y to the County for the
protection of its employees not otherwise protected.
The MCHD is an independent contractor, and is not an agent, representative, or employee of
the County. The MCHD agrees to carry adequate liability and other appropriate forms of insurance.
The County shall have no liability unless specifically provided for in this Agreement.
6. For satisfactorily carrying out the Program, the County agrees to pay the MCHD an
annual amount not to exceed $67,162 or, if this Agreement is renewed under Paragraph 9, then in an
amount not to exceed the amount established by that paragraph. The amount written above is to be
paid quarterly and in advance.
The County has bailed to the MCHD the following equipment in order to carry out the Program:
a) 1994 Oldsmobile Station Wagon (0977-129)
b) Gateway 2000 computer system (0970-177) with programs
c) Two filing cabinets
d) Manuals and files.
At the end of this Agreement, or any renewal, the MCHD must return the equipment in good order,
normal wear and tear excepted, unless the equipment no longer has any commercial value, in which
case the title will pass to MCHD, who may dispose of it through the County's procedure for disposing
of surplus property. The County's obligation to pay under this Agreement is contingent upon an
annual grant from DEP or an annual appropriation by the Monroe County Board of County
Commissioners.
At the end of this Agreement the MCHD will transfer to the County all computer data, files, and
operation and procedure manuals to the County prepared pursuant to this contract.
7. Within thirty (30) days of the end of each quarter, the MCHD must provide the County
with a detailed report of all Program work completed during the quarter. The County reserves the right
to recover all compensation paid to the MCHD for failure to perform the Program work required under
this Agreement or for failure to comply with the reporting requirement. Copies of the required report
must be sent to:
Clark Lake, Director
Solid Waste Management Division
Public Service Building
5100 College Road
Key West, FL 33040
8. The County Program Project Manager is Mr. Clark Lake, phone 305/292-4432. The
MCHD's manager is Ms. Stephanie Walters, phone 304/292-6894. All matters should be directed to
the Project Managers for appropriate action or disposition.
9. The MCHD also agrees to the following terms:
a) Either party may terminate this Agreement for its convenience with sixty (60)
days written notice to the other party. In the case of termination for convenience, the MCHD
will be compensated for work satisfactorily completed and for irrevocable commitments made.
b) All services must be performed by the MCHD to the satisfaction of the County
Solid Waste Director or his designated representative.
g
c) The MCHD must be notified. in writing. by the Coun\y Program Manager of
deficient performance figures or incomplete or inadequate work product and given fifteen (15)
calendar days to provide a written corrective action plan to the County for review. The County
must respond, in writing, to the proposed corrective action plan within fifteen (15) calendar days
of receipt. It the MCHD and the County cannot reach agreement on the corrective measures to
be taken and the schedule for corrective action, the County may terminate this contract in
accordance with subsection 8(d).
d) If the MCHD fails to perform in a timely and proper manner, in the judgment of
the County's Solid Waste Director, the County may terminate this Agreement by written
notice, specifying the effective time and date. MCHD is liable to the County for any amounts
advanced by the County for periormance figures or work products that are later determined by
the County's Program Manager to be inadequate.
e) The County may, at any time, by written order designated to be a change order,
make any change in the Program within the general scope of this Agreement (e.g.,
specifications, time, method or manner of periormance, requirements, etc.). All change orders
are subject to the mutual agreement of both parties as evidenced in writing. Any change order
which causes an increase or decrease in the MCHD's cost or time requires an appropriate
adjustment and modification (amendment) to the compensation portion of this Agreement.
f) The MCHD must maintain books, records and documents directly pertinent to
periormance under this Agreement in accordance with generally accepted governmental
accounting principles consistently applied. The County, or its authorized representatives, must
have access to such records for audit purposes during the term of this Agreement and for three
years following Agreement completion.
g} Each party agrees that it is solely responsible for the wrongful acts of its
employees, contractors and agents. However, nothing in this subparagraph constitutes a
waiver by either party of its sovereign immunity and the limitations set forth in Section 768.28,
Fla. Stat.
h} The MCHD warrants that it has not employed, retained or otherwise had act on
its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-
1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990.
For breach or violation of this provision the County may, in its discretion, terminate this contract
without liability and may also, in its discretion, deduct from the contract or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee.
I} The County reserves the right to unilaterally cancel this contract for refusal by
the MCHD to allow public access to all documents, papers, letters or other material subject to
the provisions of Chapter 119, Fla. Stat. and made or received by the MCHD in conjunction
with this Agreement.
j} This Agreement is not subject to transfer, assignment, sale or other disposition
which would have the effect of substituting the MCHD's periormance with that of another.
10.. The term of this Agreement is one year, commencing on July 1, 1999, and is renewable
at the option of the County for ~ additional one year terms. In order to exercise its option, the
County must give the MCHD written notice of the County's intent to renew at least thirty (30) days in
advance of the expiration of the term then in effect. The amount of compensation for a renewal term
~
WIll be adjusted by an amount equal to the CPI (Miami/Ft. Lauderdale area) p~rcentage increase for
the year immediately preceding the renewal year multiplied by the amount of co"mpensation due during
the term then in effect.
11 . The parties hereby agree that this contract is governed by the laws of the State of
Florida. Venue for any litigation arising under this contract must be in a court of competent jurisdiction
in Monroe County, Florida.
12. In the event that one or more provisions of this Agreement are held invalid, the balance
of this Agreement will remain in full force and effect.
13. The parties agree that this Agreement states the entire agreement, and that the parties
are not bound by any stipulations, representations, agreements, or promises, oral or otherwise, not
printed in this Agreement, unless otherwise specifically referenced in the Agreement.
14. This Agreement will take effect upon the signature date of the last party to execute it.
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WITNESS
UNIT.
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MONROE COUNTY PUBLIC HEALTH
By
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