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Item C02 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10/17 - 10/18/01 Division: Public Works Bulk Item: Yes X No Department: Solid Waste Management AGENDA ITEM WORDING: Rescind Board action of 7/18/01 and 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 Program 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 6/14/00. Approval, on 7/18/01, of the second renewal to the current contract, which is being rescinded to allow additional changes requested by the Vendor. It CONTRACT/AGREEMENT CHANGES: At the request of the Vendor, Paragraph 3 is changed to reflect the names of the current Project Managers; Paragraph 9h is changed to reflect the fact that previous County employees are now employed by the Monroe County Health Department; Paragraph 5 is changed to show the insurance status, by statute, of the Monroe County Health Department. Paragraph 7 is changed to show the current name and address of the County's Program Manager. Remuneration is increased by 2.9% in accordance with the terms of the Agreement and based on the Consumer Price Index. STAFF RECOMMENDATIONS: Approval TOTAL COST: $70,699.23 COST TO COUNTY: $70,699.23 BUDGETED: Yes ----X- No REVENUE PRODUCING: Yes No.-X AMOUNT PER MONTH Year DIVISION DIRECTOR APPROVAL: County Atty ~ OMB/Purchasing ~ Risk Management _X_ (~O~ IO/3!t.; , ' Dent Pierce To Follow Not Required_ Included X APPROVED BY: DOCUMENTATION: DISPOSITION: AGENDA ITEM # ~~~ Revised 2/27/01 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Monroe Co. Health Dept. Contract # Effective Date: Expiration Date: 7/1/2001 6/30/2002 Contract Purpose/Description: Perform the Small Quantity Hazardous Wast Assessrnent, Notification, and Veri.fication Pro am re uired b the De artrnent of Environmental Protection. .J' Contract Manager: Carol A. Cobb 4432 Solid Waste Managernent/Stop #1 for BOCC rneeting on (Name) 10/17/2001 (Departrnent/Stop #) (Ext. ) A enda Deadline: 10/3/2001 CONTRACT COSTS - Total Dollar Value of Contract: $ 70,699.23 Budgeted? YeslZl No 0 Account Codes: Grant: $ N/ A County Match: $ Nt A Current Year Portion: $ 414-40501-530-340- - - - ---- - - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $NtAlyr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries: etc.) CONTRACT REVIEW Changes Date Out Date In Needed Division Director 9/24/01 YesD NolZl Risk Management q \:l'l \0 \ Y esO Notf(~. LJ~ R A::J;:zsd'i\ O.M.B./Purchasing ~If/J/ Yes~NoD -=.~~ 0 ~~ County Attorney c;/-zAt/1 Cornments: ~ &rCtiJ. OMB Form 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. J' 3. Paragraph 8. is amended to read as follows: The County Program Project Manager is Carol A. Cobb, phone 305 292-4432. The MCHD's manager is Robert C. Rutherford, MD, MPH, phone 305 292-6894. All matters should be directed to the Project Managers for appropriate action or disposition. .: 4. Paragraph 9.h. is amended to read as follows: The MCHD advises County that several former County employees are currently employed by the MCHD. 5. Paragraph 5. is amended to read as follows: To the extent required by law, the MCHD must be self-insured against, or must secure and maintain during the life of this Agreement, Worker' 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. The MCHD is an independent contractor, and is not an agent, representative, or employee of the County. The MCHD agrees to carry liability insurance and other appropriate forms of insurance subject to the limitation of Chapter 768.28, Florida Statutes. 6. Paragraph 7. is amended to read as follows: 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: 1 v_"'-"'.....-li:.iJ. ..'~o rKU~'MU~KU~ ~OUNT~ Al~~ OFFICE 10:3052823518 .. .. ...~...__... ", ......, 'In....._ I~.. . ~..; "':'.1_ .t.....)~ U4,,;1. PAGE 1/1 W all::Il Id-S; l:Jf~M f'4 Carol A. Cobb, Acting Sr. Adminiatrator Solid W 3Ste Managem,,,nt 1100 Simonton Street, Room 2-288 Key Welt, FL 33040 (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk MayorlQhairman WITNESSES: , MONROE COUNTY PUBLIC HEALTH UNIT x x Administrator x .: .2 AGREEMENT FOR SMALL QUANTITY HAZARDOUS W.ASTE 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 Stale 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, notificatton 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; . J' 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 Jul y 1 st. 1999. A copy of the .Jlll y 1" t .1999 contract is attached to ~is 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 CountYs 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 satisfactory 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, it 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 51 00 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) Tile MCHD must be notified, in writing, by tile Courgy Program Manager of deficient performance figures or incomplete or inadequate work prodLict an~ 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. If 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 performance figures or work products that are later determined by the County's Program Ma~ager to be inadequate. e) The County may, at any time, by written order designated to !,e a change order, make any change in the Program within the general scope of this Agreempnt (e.g., specifications, time, method or manner of performance, 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 performance under this Agreement in accordance with generally accepted governmental accounting principles consistently applied. The County, or its authorized re~esentatives, 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 performance 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 !Y!9 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 ror the year immediately preceding the renewal year mulliplied by the amount or compen~ation due during 1I1e term then in errect. 11 . The parties hereby agree that this contract is governed by the laws of the State or 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 eHect. 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 executa it. WITNESS UNIT .' ~~~'?)Q~ Date ~.., ~ "",c;'c.:--- MONROE COUNTY PUBLIC HEALTH By Title ~",01~ jconvihazwaste 8 1.