Item C36
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
,-
Meeting Date: May 21, 2003
Division:
Public Safety
Bulk Item: Yes X No
Department: Solid Waste Management
AGENDA ITEM WORDING: Approval of a lease agreement for the trailer at the Long
Key Transfer Station to be used as an ~~. and break room by Waste Management,
Inc. .', )':/ ,
~;,;/
ITEM BACKGROUND: Waste Management, Inc. desires to maintain the Long Key
Transfer Station trailer as a facility for the use of its employees.
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT I AGREEMENT CHANGES: New lease agreement
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
N/A
BUDGETED: Yes
No
N/A
COST TO COUNTY:_N/A
SOURCE OF FUNDS: N I A
AMOUNT PER MONTH_$150.00 Year $1800.00
REVENUE PRODUCING: Yes X No
APPROVED BY: County Atty. YESI OMB/Purchasing YESI Risk Management YES
tJuA/a {JJ
Carol A. Cobb, Sr. Administrator Solid Waste Management
y
ITEM PREPARED BY:
DMSION DIRECTOR APPROVAL:
DOCUMENTATION: Included
X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM # 6-:11
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
,-
Contract with: Waste Management, Inc. Contract #
Effective Date: 6/1/2003
Expiration Date:
Contract Purpose/Description:
Lease a eement for the trailer located at the Lon Key Transfer Station to be used as
office and break room facili b Waste Mana ement. Waste Mana ement a rees to a
Monroe County Solid Waste Mana ement $150.00 for its use.
Contract Manager: Carol A. Cobb
(Name)
4432
(Ext. )
Solid Waste Mana ement/# 1
(Department/Stop #)
for BOCC meetin on
5/21/2003
A enda Deadline: 5/6/2003
CONTRACT COSTS N/ A REVENUE
Total Dollar Value of Contract: $ Current Year Portion: $
Budgeted?YesD NoD Account Codes: _-_-__
Grant: $ _-_-_-_
County Match: $ _-_-_-_
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
County Attorney
4/30/03 YesD NorgJ
Date Out
Division Director ~~
Risk Management sl,lo") YesD No
O.M.B./Purchasing sl'l O~
:>7~?&J
5""~ /03
5' O~
~~~~rhpd: ~n~1~eDt prepar
by County Attorney.
Comments:
OMB Fonn Revised 2/27/01 Mep #2
LEASE AGREEMENT
This Agreement is made and entered into by MONROE COUNTY, a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, FL 33040 (COUNTY), and
WASTE MANAGEMENT, INC. (WM), whose address is 300 Magnolia Street, Key Largo, FL 33037.
WHEREAS, the COUNTY owns a trailer located at the Long Key transfer station;
WHEREAS, WM desires to lease the trailer for use as an office and break facility for WM
employees; and
WHEREAS, the County desires to lease the Long Key transfer station trailer to WM; now,
therefore
IN CONSIDERATION of the mutual promises and covenants set forth below the parties agree
as follows:
1. The COUNTY hereby leases to WM the trailer located at the Long Key Transfer Station,
MM 68, Long Key, FL 33001 (the premises) which is more particularly described in Exhibit A. Exhibit
A is attached to this lease and made a part of it. WM may only use the premises for an office and a
break facility for WM employees. WM is responsible for furnishing electrical service,
telecommunication services and sanitary service. The premises are leased as is and the County
makes no warranty as to fitness or habitability. WM is responsible for all premises repairs during
this lease term. If WM desires to make any improvements to the premises it shall be at WM's sole
expense. Before undertaking any repairs or improvement WM must obtain the written approval of
the County's Solid Waste Director.
2. The term of this Agreement is one year commencing on the effective date. This lease
will renew automatically on its anniversary date unless terminated sooner by either party under
paragraph 6. WM shall pay rent of $150 per month in advance on or before the first of each month.
3. The County agrees to provide pedestrian and vehicle access to the premises across
County property on the paved road traversing the Long Key transfer station site.
4. WM agrees to indemnify and hold harmless the County, the BOCC and its members,
County officers, employees, contractors or agents from any injury to persons (including the death of
any person) or property arising out of WM's use and occupancy of the premises, except for any
injury that is the result of the sole negligence of Monroe County, its officers, employees,
contractors (not including WM), and agents. The purchase of the insurance required by
paragraph 5 does not relieve WM of its obligations under this paragraph 4.
5. During the term of this lease WM shall keep in effect the insurance described in Exhibit
B. Exhibit B is attached to this lease and made a part of it.
6. Either party may terminate this lease without cause and without further liability to the
other party (except for the payment of rent that may be due as of the termination date or other
unresolved claims one party may have against the other arising out of the lease) by giving the
nonterminating party at least 30 days written notice of the termination and the date of such
termination.
7. a) If WM fails to perform its duties and obligations under this lease, then the
County shall give WM at least five days written notice of the failure and describing what WM
must do to cure the failure. If WM does not cure the failure within 15 days of WM receipt of
the notice, the County may treat WM in default and terminate this lease.
b) If the County fails to perform its duties and obligations under this lease, then
WM shall give the County at least five days written notice of the failure describing what the
County must do to cure the failure. If the County does not cure the failure within 15 days of
the County'~ceipt of WM's notice, then WM may treat the County in default and terminate
this lease. Provided, however, that any failure to perform on the County's part does not
relieve, abate or toll WM's obligation to pay rent.
8. All written communication between the parties shall be by certified mail, return receipt
requested, or FedEx or similar private carrier, and shall be delivered to the following:
COUNTY:
County Administrator
1100 Simonton Street
Key West, FL 33040
LESSEE
Waste Management, Inc.
300 Magnolia Street
Key Largo, FL 33037
The parties may change their respective addresses and personnel by written notice.
9. This written lease represents the parties' final mutual agreement and understanding.
It replaces and supersedes all previous agreements and understandings, whether written or oral
concerning the premises. All amendments to this lease must be in writing and signed by both
parties.
10. Venue for any litigation arising under this Agreement must be in a court of competent
jurisdiction in Monroe County, Florida. In the event of litigation, the prevailing party is entitled to a
reasonable fair market attorney's fee and costs.
11. WM warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee subject to the prohibition 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.
12. This lease takes effect on June 1, 2003.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
(SEAL)
ATTEST:
WASTE MANAGEMENT, INC.
By
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LONG KEY LANDFILL
I QQIi Edition
--
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
LEASEIRENTAL OF PROPERTY
O~DBYTHECOUNTY
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the OrganizationlIndividual taking possession of the property governed by this
lease/rental agreement, the OrganizationlIndividual shall obtain General Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage _
· Fire Legal Liability (with limits equal to the fair market value of the leased property.)
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the termination of the LeaseIRental Agreement.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
Administration Instruction
114709.5
30