Item E09BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/19/2003 Division: Public Safety
Bulk Item: Yes X No Department: Solid Waste Management
AGENDA ITEM WORDING: Approval of a Contingency Lease Agreement with Michael
X. Bergin for the purpose of temporary storage of disaster debris.
ITEM BACKGROUND: Various parcels of land throughout the Keys have been
identified as suitable for temporary debris management sites. The subject parcel is
one of those so identified.
PREVIOUS RELEVANT BOCC ACTION: Similar agreements and renewals have been
reached with other property owners on 2/21/01, 5/16/01, and 11/20/02.
CONTRACT/AGREEMENT CHANGES: This is a new agreement.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $100.00 BUDGETED: Yes X No _
COST TO COUNTY:_$100.00 SOURCE OF FUNDS: Solid Waste tipping fees
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty YES /OMB/Purchasing YES /Risk Management YES
ITEM PREPARED BY: 1_ Ad gz co (.,,O f enE�
Carol A. CobbZSdministrator Solid Waste Management
DIVISION DIRECTOR APPROVAL:
James R. "Reggie" Paro
DOCUMENTATION: Included X To Follow.
DISPOSITION:
Revised 1/03
Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Michael X. Bergin
Contract #
Effective Date: 11/19/2003
Expiration Date:
Contract Purpose/Description:
Contingency lease agreement for the purpose
of temporary storage of disaster debris.
Contract Manager: Carol A. Cobb
4432 Solid Waste M mt/Sto #1
(Name)
(Ext.) (Department/Stop #)
for BOCC meeting on 11/19/2003
Agenda Deadline: 11/04/2003
CONTRACT COSTS
Total Dollar Value of Contract: $ 100.00 Current Year Portion: $
Budgeted? Yes® No ❑ Account Codes: 414-43500-530440- -
Grant: $ N/A - - -
County Match: $ N/A - - -
Estimated Ongoing Costs: $N/A/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: N/A
CONTRACT REVIEW
Changes
Date n Needed
Division Director j p 1 #3 Yes❑ NoD
Risk Management J03/03 Yes❑ NoE2
O.M.B./Purchasing1013/03Yes❑ No0
County Attorney
Comments:
9/ 12/03 Yes❑ No®
OMB Form Revised 2/27/01 MCP #2
100.00
Date Out
0.)
VEGETATIVE WASTE AND HURRICANE DEBRIS LEASE AGREEMENT
This Agreement is entered into this ------ day of ------------- 200__, by and between
Michael X. Ber&in_________ whose address is 230 E_ Shore Drive, -SupmgxJan�LKay J,
hereafter Lessor, and MONROE COUNTY, FLORIDA, a political subdivision of the State of
Florida, hereafter County, the Lessee.
In exchange for the mutual promises and consideration set forth below, the parties
agree as follows:
1. The County, or it contractors, shall deliver hurricane debris to the Lessor's land site
located at Mile Marker
legal description 1o�1y_seerl,ad_�_grxz�e�RE#_------ ), for storage, if
needed, due to a hurricane or disaster. Third parties authorized by the Lessee may also
deliver vegetative waste and hurricane debris to the land site.
2. Upon execution of this lease, the Lessee must pay Lessor $100.00 in consideration of
reserving the Lessor's site for hurricane debris storage during the term described in
paragraph six (6). When the land site is utilized to store hurricane debris, then the
County must pay the Lessor $250.00 per acre utilized per day. The Lessor consents to
the presence of County employees at the Lessor's site for the purpose of monitoring its
contractors.
3. The County may discontinue use of the site if, in its discretion, it determines that the
storage site is not longer necessary. If the County discontinues use of the storage site,
then the County will have no further obligation or liability to the Lessor except for the
days actually used for the storage of debris. The County will, at its own expense, return
the property to its original condition, as nearly as possible, and with the Lessor's
approval.
4. The County stipulates that it is a state governmental agency as defined by Florida
Statutes and has purchased suitable General Liability, Vehicle Liability, and Workers'
Compensation insurance, or is self -insured, in amounts adequate to respond to any and
all claims within the limitations of Florida Statute 768.28 and 440, arising out of the
activities governed by this agreement.
5. This Agreement may not be amended except through written amendment signed by
both parties.
6. the term of this agreement is from -------------------, 200-- and shall continue from
year to year unless specifically canceled by either party by providing at least 60 days
prior written notice to the other party of their intent to cancel, subject to paragraph
seven (7) of this Agreement.
i
7. Monroe County's obligation to pay under this agreement is contingent upon an annual
funding appropriation by the Board of County Commissioners.
8. This written agreement represents the entire Agreement between the parties and
supersedes any prior written documents or memoranda or oral communications.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and
year first written above.
Witness
Witness
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
By:
Owner/Representative
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
MONROE COUNTY ATTORNEY
APP-ROVED AS TOiF95M: g
�9 IZANNE A. HUTTON
ASSISTANT CO NTY TTORNEY
Date
Mayor/Chairman
2