Item C13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8/15 - 8/16/2001
Division: Public Works
Bulk Item: Yes X No
Department: Solid Waste Management
AGENDA ITEM WORDING: Recision of Board Action of 3/21/2001 and Approval of Amended
Assignment of Household Hazardous Waste Collection Agreement between Monroe County and
Laidlaw Environmental Services, Inc. to Safety-Kleen (Bartow), Inc.
ITEM BACKGROUND: 1. Annual hazardous waste collection is required by the Florida
Department of Environmental Protection and has been an ongoing event since 1988.
2. The participating vendor's name was incorrect on the Assignment as submitted 3/21/2001.
This action seeks to amend the assignment to reflect the vendor's proper company name. '
PREVIOUS REVELANT BOCC ACTION: Annual approval of these events since 1988;
approval of the Laidlaw agreement on 8/13/1996; approval of original assignment on 3/21/2001
CONTRACT/AGREEMENT CHANGES: 1. Assignment of existing contract to new owner. All
provisions remain the same. Pricing reverts to first year (1996) levels.
2. The Amended Assignment shows the correct company name of the vendor.
STAFF RECOMMENDATIONS: Approval
."
TOTAL COST: $30,000.00 (approximately)
BUDGETED: Yes ~ No
COST TO COUNTY: $30,000.00 (approximately)
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty -X. OMB/Purchasing --LRisk Management _X_
DIVISION DIRECTOR APPROVAL:
{~/c9~ 1/L7lot
Dent Pierce
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # /?-/d
Revised 2/27/01
, ,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with:Safety-Kleen (Bartow), rue. Effective Date:January 17,2001
" Expiration Date: \-..
Contract Purpose/Description:Packaging, transportation and disposal of Household Hazardous
Waste from the temporary storage facilities at Cudioe Key and Long Key transfer stations
Contract Manager:Carol A. Cobb
(Name)
4432
(Ext. )
Solid Waste Management/Stop #37
(Department) / Courier Stop
for BOCC meeting on January 17,2001
Agenda Deadline: January 3, 2001
CONTRACT COSTS
Total Dollar Value of Contract: $21.000 (approx) Current Year Portion: $21.000 (approx)
Budgeted? Yes~ No 0 Account Codes: 414-40501-530340-_
Grant: $N/A 414-40501-530410-_
CountyMatch:$N/A _-_-_-_-
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ADDInONAL COSTS
Estimated Ongoing Costs: $N/ A/yr For: N/ A
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
~
Changes a ~',
Date In Needed /) }fevie~e.r) _
Division Director /;1./If/(;tJ YesD No[8J v f..---/, .~~__
Ri~g~ment izJ,> 100 YesDNo~C\ .~~ Q~
O.M.B./P~ing YeSDNoff___/MA- a f~
County Attorney 11122 Y esD No~ ,d{6 oLlcJckd
Date Out
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11 /22
Comments:
OMB Form Revised 121\3/99
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into this 21ST day of MARCH ',._ ,
. ~.
2001, by and between Monroe County (County), a political subdivision of the State of Florida,
whose address is 5100 College Road, Key West, FL 33040, and Safety-Kleen (Bartow), Inc., ci:
Florida corporation, whose address is 170 Bartow Municipal Airport, Bartow, FL 33830.
In consideration of the mutual promises and benefits described. below, the parties agree
as follows:
1. The County hereby consents to the assignment of the household hazardous waste
collection agreement granted by the County to Laidlaw Environmental Services, Inc. .(TS), on
August 13, 1996, to Safety-Kleen (Bartow), Inc. (SK). A copy of the County/TS agreement is
attached to this consent to assignment agreement and made a part of it.
2. SK agrees to be bound by all the terms, conditions and obligations that bound and
were applicable to TS under the County/TS agreement, and concomitantly, SK is entitled to all
the benefits that TS had under the County/TS agreement.
IN WITNESS WHEREOF the parties hereto have set their hands and seals the day and
year first above written.
(SEAL) ~
A TTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
SAFETY-KLEEN (BARTOW), INC.
:~in~~~07/r
Title //k./wr/ /J?/1/V/16-~./ v/"
By
Print Na e
Title \l\.u.-
jdconAssignSafe.Kleen
HOUSEHOLD HAZARDOUS WASTE COLLECTION AGREE1\1ENT
This Agreement, dated this 1"3 tI day of f3j)< li7 Tl996 by and between the Boarl1 of
County Commissioners of Monroe County and Laidlaw Environmental Services (TS), Inc.,
a Delaware corporation, (Laidlaw), states as follows:
.
WHEREAS the Sponsor desires to conduct. a Household Hazardous Waste
Collection Program to provide a safe, convenient place where citizens of Monroe County
can dispose of stored household hazardous wastes, and
WHEREAS the Sponsor desires to hire a professional contractor knowledgeable and
experienced in conducting such a waste disposal program, and
WHEREAS Laidlaw has represented that it is staffed with personnel knowledgeable
and experienced in conducting such a waste disposal program.
WIT N E SSE T H:
Now, therefore, in consideration of the mutual promises and benefits of this
.,,'
Agreement, the Sponsor and Laidlaw agree as follows:
1. Emoloyment of Laidlaw. The Sponsor agrees to hire Laidlaw and Laidlaw
agrees to act as the Sponsor's contractor to conduct the Household Hazardous Waste
Collection Program, commencing on
,1996.
2. Scope of Services. Laidlaw shall perform in a good and professional manner
the services identified in the Sponsor's Request for Proposal dated April 26, 1996, as
modified by Laidlaw's Proposal dated May 30,1996, copies of which are attached hereto and
incorporated by reference, as well as the services listed in this Agreement. Any conflict
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between the terms of this Agreement and the terms of the Request for Proposal or the
Proposal will be governed by the terms of this Agreement.
a. Laidlaw shall have present at the collection site employees or .fJgents
~.
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of Laidlaw trained in the identification of hazardous and acutely hazardous wastes .~
(collectively "Wastes") as defmed by federal or (state) laws or regulations, and such
.
materials and equipment as are necessary to handle, co.ntainerize, label, load and transport
such Wastes from the Sponsor's service area in a manner conforming to (state) and federal
laws and regulations.
b. .Laidlaw shall accept Wastes, for transportation and disposal from the
Sponsor service area, only from such individuals as are designated by a Sponsor
representative present at the site as being residents of the Sponsor service area, and only
in such amounts as are approved by such representative.
.. c. Except as provided in Paragraphs d and e below, Laidlaw disclaims all
responsibility for and assumes no liability for the following Wastes which it will neither
handle at thi site nor accept for disposal:
Compressed Gas Cylinders, Explosives or Shock Sensitive Materials and
Ammunition, Unknown Materials, Radioactive Materials, Infectious or
Biologically Active Materials, Dioxin, Tri, Tetra- and Pentachlorophenols and
their Chlorophenoxy derivative Acids, Esters, Ethers, amine and other Salts
(Le., Sodium Pentachlorophenate, 2,4,5-T,Silvex and 2,4,5-TP).
d. Dioxin associated wastes from households only will be handled by
Laidlaw through incineration and the Sponsor will compensate Laidlaw for packaging,
transportation, and disposal in accordance with the fee schedule.
e. If a citizen brings any Waste chemical listed in Paragraph c other than
those listed in Paragraph d to the collection station, and if the Sponsor decides to accept the
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Waste, Laidlaw will package the material for the Sponsor and the Sponsor will compensate
Laidlaw for packaging services in accordance with the fee schedule in the Proposal. Laidlaw
. ~~
will endeavor to arrange for disposal of such. material with a properly permitted and licensed
Subcontractor; however, if either the disposal arrangements or the charges for such. disposal
are unsatisfactory to the Sponsor, then further management and disposal of such material
shall be the sole responsibility of the Sponsor.
.
3. Time of Performance. Laidlaw shall begin the services to be performed under
this Agreement upon Notice to Proceed from the Sponsor. and shall undertake such services
to assure readiness for and successful completion of the Household Hazardous Waste
Collection Program.
4. Termination. Either party may terminate this Agreement upon sixty (60) day,s
prior written notice to the other, provided that such termination shall be without prejudice
to any other remedy the party may have. In the event of termination, any work in progress
will continue t~ completion unless specified otherwise in the notice of termination. The
Sponsor shall pay for any such work in progress that is completed by Laidlaw and accepted
by the Sponsor.
5. . Excuse of Performance. The Sponsor's obligation to deliver and Laidlaw's
obligation to accept for servicing any waste pursuant to this Agreement may be suspended
by either party in the event of: act of God, war, riot, fire, explosion, accident, flood,
sabotage; lack of adequate fuel, power, raw material, labor, containers, or transportation
facilities; compliance with governmental requests, laws, regulations, orders or actions;
revocation or modification of governmental permits or other required licenses or approvals;
breakage or failure of machinery or apparatus; national defense requirements or any other
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event beyond the reasonable control of such party; labor trouble, strike, lockout or
injunction (provided that neither party shall be required to settle a labor dispute against its
own best judgment); which event prevents the delivery, transportation, accepOUlce,
treatment, incineration, or disposal of the waste.
6. Compensation and Payment. The Sponsor agrees to pay Laidlaw for its
.
services in accordance with the price and terms of payment set forth in the attachments to
this Agreement. Payment terms are net 30 days from invoice. The parties agree that
damages for breach of Sponsor's obligations under this portion of the contract would be
difficult or impractical to determine as a result of the difficulty of precisely measuring the
additional administrative costs that Laidlaw incurs for delinquent accounts. Because of the
difficulty in determining the damages resulting from Sponsor's breach of its obligation to
make payment when due, Laidlaw and Sponsor agree that, in the event Sponsor fails to
make payment when due, an amount equal to 1.5 % per month will be added to all amounts
outstanding for more than thirty (30) days. This amount will be calculated on the number
.'
of days in excess of thirty (30) days past the invoice date to the date payment is received at
Laidlaw. Sponsor is responsible for notifying Laidlaw of any question concerning an invoice.
In addition, Sponsor shall be responsible for collection agency or legal fees incurred in
collecting payment of an invoice.
Sponsor shall reimburse Laidlaw for tariffs, fees, surcharges, or other charges
imposed by legislation or regulations enacted or promulgated after the execution date of this
Agreement and levied specifically upon the transportation, treatment, storage, incineration,
recycling or disposal of the waste upon thirty (30) days written notice of such change in
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"
legislation and upon submission by Laidlaw of evidence that such charges have been levied
or paid.
7.
Generator.
~:-"
The Sponsor shall be deemed to be the "Generator", for "
recordkeeping and paperwork purposes, of all Wastes accepted by Laidlaw during the
Household Hazardous Waste Program from residents of the Sponsor's service area.
.
8. Licenses. Laidlaw certifies, that on the d.ay of collection, it wilf have:
a. Valid Environmental Protection Agency ("EPA ")identification numbers
for transportation and storage 'of hazardous and acutely hazardous wastes; and
b. A valid (state) perinit for transportation of hazardous wastes.
9. Insurance. Laidlaw shall procure and maintain, at its expense during the term
of this Agreement, insurance covering the services to be perfonned under this Agreement:
in accordance with Attaclunent A. At least 10 days before the first collection day, Laidlaw
shall provide the Sponsor with a Certificate of Insurance showing coverages a, b, c and d
above, naming ~e Sponsor as certificate holder and noting the Sponsor's interest. Laidlaw
....
shall also provide copies of documents demonstrating coverages e and f above.
10. Title to Waste. Title to all identified Waste accepted by Laidlaw at the site
from residents of the Sponsor's service area for transport and disposal by Laidlaw shall pass
directly from such residents to Laidlaw at the time of its acceptance.
11. Warranty. Laidlaw warrants that it understands the currently known hazards
and suspected hazards which are presented to persons, property and the environment by the
transportation, treatment and disposal of Wastes. Laidlaw further warrants that it will
perform all services under this Agreement in a safe, efficient, and lawful manner using
industry-accepted practices, and in full compliance with all applicable state and federal laws
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and regulations. Sponsor warrants that it is in compliance with all applicable state and
federal laws governing its activities under this Agreement, and that it is under no legal
restraint or order which would prohibit transfer of possession or title of collected wastes to
Laidlaw or prohibit the servicing of such waste or Laidlaw's performance of services under
.' ;
this Agreement. Sponsor will cooperate and/or assist Laidlaw. as requested, with its
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defense, negotiation, adjustment and or settlement of a. claim against Sponsor.
12. Indemnification .
a. Laidlaw shall indemnify, hold harmless and defend the Sponsor. from
and against any and all liabilities, claims, penalties, fmes, forfeitures, suits and the costs and
expenses incident thereto (including cost of defense, settlement, and reasonable attorney's
fees) which may be alleged against the Sponsor or which the Sponsor may incur, become
responsible for, or payout as a result of death or bodily injury to any person, destruction
or damage to. any property, contamination of or adverse effects on the environment, or any
violation or alleged violation of governmental laws, regulations or orders, to the extent that
.'
such damage'''was caused by Laidlaw.'s or Laidlaw's agents' negligent, willful or intentional
act or omission, breach of contract or a failure of Laidlaw's warranties to be true, accurate
or complete, subject to and goyerned by the provisions of Section 768.28, Florida Statutes.
b. To the extent allowed by law, the Sponsor shall indemnify, hold
harmless and defend Laidlaw from and against any and all liabilities, claims, penalties, fmes,
forfeitures, suits and the costs and expenses incident thereto (including cost of defense,
settlement, and reasonable attorney's fees) which may be alleged against Laidlaw or which
Laidlaw may incur, become responsible for, or payout as a result of death or bodily injury
to any person, destruction or damage to any property, contamination of or adverse effects
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