Item D02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6/19 - 6/20/2002
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 renewals on 6/1412000 and 10/1712001.
CONTRACT/AGREEMENT CHANGES: The remuneration is increased by 2.0 based on the
Consumer Price Index. The term of the agreement has been extended indefinitely.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $72.113.21
BUDGETED Yes XX No
COST TO COUNTY: $72.113.21
REVENUE PRODUCING: Yes
No-X AMOUNTPERMONTH_ Year
APPROVED BY: County Arty -L OMBlPurchasing -1L- Risk Management _X_
ITEM PREPARED BY: (1~ t? tfJ
Carol A. Cobb, ACting)!0~S~ Was~ Management
DIVISION DIRECTOR APPROVAL: ~ ~
Dent Pierce, Director
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # <.20/
Revised 2/27/01
to
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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CONTRACT SUMMARY
Contract with: Monroe Co Health Dept Contract #
Effective Date: 7/1/2002
Expiration Date:
Contract Purpose/Description:
Perform the Small Ouantity Hazardous Waste Assessment, Notification, and Verifica-
tion nrosrram reauired bv the Denartment of Environmental Protection.
Contract Manager: Carol A. Cobb 4432 Solid Waste Management/Stop
#1
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 6/19/2002 Agenda Deadline: 6/5/2002
CONTRACT COSTS
Total Dollar Value of Contract: $ 72,113.21
Budgeted? Yes[8] No 0 Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 18,028.30
001-40501-530-340-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $N/Alyr For:
(Not included in dollar value above) (eg. maintenance, utilities. ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes ~
Date In Needed r/JA..Rf er '
Division Director 5/1/02 YesDNo[8J ~'j~
RiskManagement .6-!S-Q)- YesDNoEf m. ~
O.M.B./Purchasing ~~O.}- YesD NoIT
County Attorney .5/3/02.. Y es~
Date Out
Co
OMB Form Revised 2/27/01 MCP #2
RENEWAL AGREEMENT
This renewal agreement is entered into on this, the 1st day of July, 2002, 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 indefmitely.
Paragraph 10. is amended to read as follows:
Termination: Either party may terminate this Agreement upon thirty (30)
days 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 to completion unless
specified otherwise in the notice of termination. The County shall pay for
any such work in progress that is completed by the Contractor and
accepted by the County. The amount of compensation will be adjusted
annually in an amount equal to the CPI (Miami/Ft. Lauderdale area)
percentage increase for the year immediately preceding the renewal year
multiplied by the amount of compensation due during the term then in-
effect.
2. Compensation is adjusted in accordance with Paragraph 10 to $72,113.21
per year (CPI 2.0%). In all other respects, the original agreement between
the parties dated July 1, 1999, remains in full force and effect.
(SEAL)
ATTEST: DANNYL. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor / Chairman
WITNESSES:
MONROE COUNTY PUBLIC HEALTH UNIT.
x
x
Administrator
x
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This renewal agreement is en~red'mto on this,. the - 1st' - day of J Uly~. 2QQIJ:byi;'8,ridi;.b.eiWee~::the,
M()NROE COUNTY HEALnrl?#~4RfMENT (the .Contr8.ctor)an411q~OE',cd.~:f~!p.p.Mti98J;
subdivision of the State of Florida. (the County). The parties agr~e, as follows: - - . .".., :'. _ -
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1. The term of the agreement between the parties commencing on July 1, 1999,8.copyof
which is attached and made apart ofthis'renewal, is hereby renewe.daiideXtended
until the 30th day of June, 2002. -
2. Compensation is adjusted in accordancewithPa.ragraph 10 to $70~699..23'pe:t'~ear;(CPI
- 2.9%). In all other respects, the original agreement between the parties'da.ted July
1, 1999, remains in full force and effect. -
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:
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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:
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Key West,;FL 3'3040.'" ,_" :.<~:<;
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BOARD. O~.COUNTY COMMISSIONERS
OF MONROE' COuNTY, FLORIDA
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Mayor/Chairm8D.~
WITNESSES:
MONROE COUNTY PUBLIC HEALTH UNIT
x
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x
ROBERT N.
DATE 1/- -z- - I
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., A~~E~Mg~:riFqR:.~~~.Ll:-.qYANTlTY f:i~~ft:I?~~q,~~~p~Tf:;::~::~;....
ASSES'SMENT.' NOTIFICA TION AND VERIFICATfONIRRGGRAM""
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THIS. AGREEMENT;'forasmall quantity generator assessrri~i"lt~J~~otiti~tion.and__ ve(itication
program is entered into by and belween Monroe County, a political,stibdivis,.ion ~rthe.'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 Sees 403.7225 through 403.7236, Fla. Stat. and
Chapter 62-731, FAC, to conduct a small quantity generator assessment..'nolification and verification
program hereafter the Program; .. ..
WHEREAS.the County desires to contract out its obligations underthe Program to the MCHD,
which represents that it is professionally qualified to carry out the Program;
WHEREAS. su<?h 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
J u 1 vIs t . 1999. A copy of the .T 111 Y I f; t .1999 contract is attach, ad 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 Is t . 1999 agreement. . :~
2. The MCHO must conduct the Program within the bound~~s.:; of MC.. (including all
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muni~ities within the County) in order to identify small generator h~gY.~ wl,lSt~. proble~s: within
the County. The small h~Qu.~,\Vaste. generator mana~ementass.~!l~rou.~~';;.be~.revieYf~ every
five years. The assessment lists: musf be brought up to: date annuaJIy~~qr~ thff erId:of theJ~ve year
int~ by including... the' applicable: names from oEP sources. occupation~;:lfCenses~ bUnding~, pennlts.
and from not less than one complete; survey of the business pag.es. of: ther~.unty's localtelephone
systems. Annually. the MCHo must verify the management practices of at-least tw~ty (20%): percent
of its small quantity generators.
3. In carrying out its Program obligations. the MCHO must compt~ 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
Veritication Program. dated February 1994 and adopted by Rule 67-731.030(2). FAc, the
applicable portions of Chapter 62-731. F AC and Sections 403.7225 through 403.7236. Fla. Stal
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.
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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'
. "
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Compensalion_st~tutes, -the .MCHQ must. provide adequale,. insurance, satisfaci<>,1)'/;tp.;th~'C9.~.ntYJ()rth~
protection of its:efl1Ployees not otherWise protected.' ,'. .. .,., ..... ,. .' , ::; -"..;>:<:,'.'. ." . ! :,,';:,>. .i' ~.. .
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The' MCHD is an independent contractor, and. is- not ~n agent, representative, or e:o,pibyee of
(he 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 (his 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 renewedunderParagraph9,thenin an
amount not to exceed the amount established by that paragraph. The amount written above is- to be
paid quartec1y 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 tiDe 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, alld
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 th.EfCounty
with a detailed report of all Program work completed, during the quarter. The County reserves~the. right
to recover all compensation paid to,'the.MCHO for failure: to' pertonn.the Program..work.requitec1.'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 3051292-4432. The
MCHO'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 commitme~ts made.
b) All services must be performed by the MCHD to the satisfaction of the County
Solid Waste Director or his designated representative.
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c) Th~ MCHD must be notified, in writirlg,bY the Gour1W 'i:;'~9g~al:n Manage(()f
deficient pectormance figur.es or incompleteQf inadequateworl(pro.ducCand. given' fiCtee~( 15).
calendar days to provide a written correcti,ve, action' plan~.to: the: Cou(ltY.'(o(r~view. The County
must respond, in writing, to the proposedcorrective.action:planwithinra~teen('(15) calendar days
of receipt. Ie the MCH 0 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 B(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 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 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 docu~ents directly pertinent to
performance 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 MCHO 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 Ordinan~ 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 MCHO 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 MCHO 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 MCHO's performance with that of another.
to.. The term of this Agreement is one year, commencing on July 1, 1999, and is renewable
at the optIon ~f the County for ~ additional one year terms. In order to exercise its option, the
County must gIve ~e ~CHD written notice of the County's intent to renew at least thirty (30) days in
advance of the explralton of the term then in effect. The amount of compensation for a renewal term
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will be adjusted by an amf)unt equal to the CPI (Miami/Ft. Lauderdale area) R~(centage increase for
the. year immediately preceding the renewal year multiplied by the amount of compensation 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 elfecl.
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.
WITNESS
UNIT '"
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Date ~", ~ ,,<.Ie.; .
MONROE COUNTY PUBLIC HEALTH
By
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