Item S2
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
April 20, 2022
Agenda Item Number: S.2
Agenda Item Summary #10480
BULK ITEM: Yes DEPARTMENT: Solid Waste
TIME APPROXIMATE: STAFF CONTACT: Cheryl Sullivan (305) 292-4536
No
AGENDA ITEM WORDING: Approval of Disposal Agreement with Waste Management Inc. to
allow for municipal solid waste from Florida City to be disposed and processed at the County's Key
Large Transfer Station.
ITEM BACKGROUND: Waste Management Inc. (WM) has a contract with the municipality of
Florida City for the collection of Municipal Solid Waste (MSW) and WM has requested to have
the ability to deliver the MSW collected from residents and businesses of Florida City to the
delivered and will retain the ability to notify the Contractor if capacity at the Key Largo transfer
station becomes limited and delivery must cease. WM will be required to pay the Tipping Fee
(currently $123.50) and the County has negotiated for the residential haul-out rate (lower haul-
out rate currently of $92.02) to be applied to the MSW delivered under this agreement. The
PREVIOUS RELEVANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Disposal Agreement with WM 4 20 2022-signed
Disposal contract for WM Florida City Garbage 4 2022
FINANCIAL IMPACT:
Effective Date: upon approval
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Expiration Date: 9/30/24, unless extended by written agreement.
Total Dollar Value of Contract: estimated at (4000 tons/year x tipping fee of $123.50)
$494,000.
Total Cost to County: est. at (4000 tons/year x haul out rate of $92.02) $368,080
Current Year Portion:
Budgeted: N/A
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: Yes If yes, amount: estimated revenue of $125,920 per year
Grant: No
County Match: No
Insurance Required: Yes (Updated COI requested)
Additional Details:
This Agreement will result in increased revenue to the Solid Waste Enterprise Fund. See Fiscal
Impact Narrative below.
03/15/22 414-40000 · SOLID WASTE ADMIN $122,000.00
estimated amount
REVIEWED BY:
Cheryl Sullivan Completed 04/05/2022 2:35 PM
Christine Limbert Completed 04/05/2022 3:00 PM
Purchasing Completed 04/05/2022 3:04 PM
Budget and Finance Completed 04/05/2022 3:14 PM
Maria Slavik Completed 04/05/2022 3:43 PM
Lindsey Ballard Completed 04/05/2022 4:14 PM
Board of County Commissioners Pending 04/20/2022 9:00 AM
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DISPOSAL AGREEMENT
BETWEEN
MONROE COUNTY
AND
WASTE MANAGEMENT INC. OF FLORIDA
THIS AGREEMENT, entered into this _____ day of April 2022, by and between the Board of
1100
Simonton Street, #2-231, Key West, Florida 33037 and Waste Management Inc. of Florida,
th
whose address is 2700 NW 48 Street, Pompano Beach, FL 33073 .
WITNESSETH:
WHEREAS, the Contractor has a contract with the municipality of Florida City for the
collection of Municipal Solid Waste (MSW); and
WHEREAS, the Contractor has requested to have the ability to deliver the MSW collected from
residents and businesses of Florida City to the County in Key Largo; and
WHEREAS, the County is willing to allow for this MSW to be delivered and will retain the
ability to notify the Contractor if capacity at the Key Largo transfer station becomes limited and
delivery must cease; and
WHEREAS, the Contractor will be required to pay the Tipping Fee and the County has
negotiated for the residential haul-out rate (lower haul-out rate) to be applied to the MSW
delivered under this agreement and the County use the revenue offset to be applied to the
solid waste program; and
WHEREAS, the Contractor collects Florida Citys MSW and desires to transport it to the
Key Largo transfer station only to be weighed and
dropped off; and
WHEREAS, the Contractor agrees to pay the County for its waste disposal services;
NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the
parties agree as follows:
1.!DEFINITIONS:
a.!County means Monroe County, Florida.
b.!Contractor means Waste Management Inc. of Florida
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c.!Disposal means the discharge, deposit, injection, dumping, spilling, leaking,
emitting, or placing of any waste material into or on any land, except if the
disposition or placement constitutes temporary storage or treatment.
d.!Disposal Rates means the unit prices for the disposal of waste materials which
the Contractor shall pay to the County pursuant to the terms and conditions of this
Contract.
e.!Garbage, solid waste and municipal solid waste shall mean all putrescible
waste, generally including, but not limited to, kitchen and table food waste,
animal, vegetative, food or any organic waste that is attendant with or results from
the storage, preparation, cooking or handling of food materials, whether
attributable to residential or commercial activities.
f.!Hauler means Waste Management, Inc. of Florida or
any other contractor that contracts with the County for the removal and disposal
of solid waste .
g.!Permitted Disposal Facility shall mean the place or places specifically
designated by the County for the disposal of solid waste, and that are properly
permitted by the appropriate state and local agencies.
h.!Site means the COUNTs on Key Largo
i.!Solid Waste shall be defined in Chapter 62-701, Florida Administrative code, as
well as applicable Florida EPA regulations.
j.!Ton means the actual, measured weight of Solid Waste
site by or for the Contractor. Such wastes shall be weighed at the scales located at
the sites. In the event such scales are temporarily inoperable, a substitute
weighing facility acceptable to both parties may be used or a temporary method
acceptable to both parties of estimating the weight of such wastes may be used,
based on converting the rated volume capacity of the incoming vehicles to tons.
For calculation proposed, the estimated weight shall be based upon the maximum
average load customarily carried by each vehicle less the actual unloaded weight
of the vehicles based upon previous weights of that vehicle on the scales of the
sites. In the event that the Contractor has no previous history, the estimated
weight shall be based upon the maximum average load customarily carried by
vehicles of the same type as such vehicles less the actual unloaded weight of
vehicles of the same type. One Ton is 2,000 lbs.
k.!Waste Materials shall mean Solid Waste, Special Wastes, Construction and
Demolition Debris and Scrap Tires
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2.!TERM OF AGREEMENT & RENEWAL
A. This Agreement is effective upon the date as first written above and shall end on September
30, 2024, unless terminated earlier or extended by the parties.
B. Renewal: Upon mutual written agreement of the parties, this Agreement may be renewed after
the original term, for one additional five (5) year period by written agreement under the same or
amended terms and conditions as set forth herein, but subject to being adjusted for reasons as
determined by the parties.
3.!DISPOSAL
A. Disposal: The County shall, subject to the terms and conditions set forth herein, accept and
dispose of Garbage, solid waste and municipal solid waste delivered by or for the Contractor to
Monroe County transfer stations located on Key Largo. The Contractor estimates the annual
amount of materials as follows and shall bring only these allowed materials
transfer station:
1) Solid Waste - Not to Exceed 7,000 tons / year, includes commercial and
residential MSW
NO OTHER WASTE WILL BE ACCEPTED
B. Transfer Station/Sites Operating Hours / Delivery Times: Monroe County transfer stations
operating hours are as following:
!Key Largo Transfer Station 8:00 a.m. to 4:00 p.m. Monday thru Saturday
Holidays: The Monroe County Transfer Stations will be closed on Thanksgiving Day, Christmas
The Contractor shall make delivery to the Site within the standard operating hours. This
Agreement shall not be deemed as an exclusive contract and nothing contained herein shall
require Contractor to delivery of any minimum quantity of Solid Waste to the County Sites.
4.!PAYMENT AND METHOD OF PAYMENT
A. Payment: The Contractor shall pay to the County the Disposal Fees in accordance with the
following fee schedule:
!Solid Waste: The Disposal fee will be the Monroe County Tipping Fee.
For all Disposal services, the charges shall be initially based on the rates established above. The
County shall receive adjustments in the fees as specified herein. In October each year the
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adjustment for Solid Waste and Yard Waste shall be made in accordance with the percentage
change in the CPI as aprespective haul out and disposal contracts.
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B. Method of Payment: The Contractor will make payment to the County on a monthly basis,
d invoice, setting forth, among other items, the
agreement number, the type of waste, the tons or cubic yards, and the amount due. Payments
th
shall be made within Twenty (20) days of receipt and if the Twentieth (20) day falls on a
weekend or Holiday the payment must be must be received on the last business day prior to the
th
Twentieth (20) day, and shall be submitted to Monroe County Solid Waste Management, at:
1100 Simonton St. Rm. 2-231, Key West, Fl. 33040 within 30 days of invoicing. The County
shall invoice the Contractor monthly or as needed, and shall submit the invoices to:
Waste Management Inc. of Florida
Attn.: Greg Sullivan
143 Toppino Industrial Drive
Key West, FL 33040
C. Annual Appropriations: The County performance and obligation under this contract is
contingent upon an annual appropriation by the Board for operation of its solid waste program.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
services specified herein, this agreement may be terminated immediately at the option of the
Board by written notice of termination delivered to the Contractor. The Board shall not be
obligated to provide for any acceptance of solid waste and yard waste materials provided by the
Contractor after the Contractor has received written notice of termination, unless otherwise
required by law.
D. Right to Other Work: Nothing in this Contract herein shall prevent the Contractor from
bidding on or participating in other County projects and programs.
5.!SCOPE OF SERVICES:
A.!STAFFING OPERATION and EQUIPMENT: The Contractor shall provide all staffing,
equipment and supplies necessary to deliver Solid Waste to Site.
B.!PERMITS AND LICENSES: The Contractor shall obtain and maintain, at his own
expense, all permits and licenses required by law. The Contractor may be required to
provide copies of all required permits and licenses to the County. The Contractor shall
cooperate with the County and Florida Department of Environmental Protection (DEP)
and follow all local and state laws, regulations and procedures, and conditions of licenses
or permits.
C.!EQUIPMENT: The County and the Contractor shall both have on hand at all times and in
good working order such equipment as shall permit the Contractor to adequately and
efficiently perform the contractual duties specified in this Contract. All equipment shall
be kept in good repair, appearance and in a sanitary, clean condition at all times
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D.!OPERATIONS: If the County is unable to accept Solid Waste at the Sites, then the
County shall notify the Contractor immediately and Contractor will need to cease
delivery within 24 hours.
E.!REPORTS: All documents and reports submitted to DEP will be provided to Monroe
fice, located at 1100 Simonton Street, #2-231, Key West,
Florida 33040.
The County shall provide to the driver of each vehicle delivering Waste Materials to the
County by the Contractor a receipt for each load indicating the quantities received in the
corresponding unit of measurement.
The Contractor is only authorized to deliver Garbage, solid waste and municipal solid
waste as defined herein. The Contractor shall permit the County or any of its
representatives trucks for purposes of determining
compliance with the terms and conditions of this Contract.
6.!TRANSFER STATION OPERATIONS:
A.!Requirements. The County or its Hauler will operate and maintain the Transfer Station sites
as a licensed sanitary transfer station and will provide all labor, equipment, fire protection
equipment, and other facilities required to operate the Transfer Stations.
B.!Access: The County will provide suitable and unobstructed ingress and egress to the
transfer station sites.
C.!The County and the Hauler shall comply with all applicable laws, rules and regulations
which apply to ective performance under this Agreement. The County
represents and warrants that Site has and will maintain in force all permits, certificates, or
other applicable documents which are, or may from time to time be required by applicable
law to provide disposal services in compliance with this Agreement.
The County shall not unreasonably and
employees while delivering and disposing of the specified materials.
7.!NON RELIANCE BY NON PARTIES:
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the County and the Contractor
agree that neither the County nor the Contractor or any agent, officer, or employee of either shall
have the authority to inform, counsel, or otherwise indicate that any particular individual or
group of individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in the Agreement.
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8.!
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The Contractor shall secure, maintain and pay all applicable fees for any permits and licenses
necessary to operate his collection business.
permits and licenses that may be required. By signature hereon, the Contractor warrants that it is
authorized by law to engage in the performance of the activities herein described, subject to the
terms and conditions set forth in these contract documents. Proof of such licenses and approvals
shall be submitted to the County upon request. The Contractor has, and shall maintain throughout
the term of this contract, appropriate licenses and approvals required to conduct its business, and
that it will at all times conduct its business activities in a reputable manner.
9.!INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered
to be independent contractors and not an employee of the Board of County Commissioners for
Monroe County. As such, the Contractor, its agents and employees shall not be entitled to any of
the benefits, rights or privileges of County employees and nothing in this agreement shall be
construed so as to find the Contractor, its agents and employees to be employees of the County.
The provider shall at all times exercise independent, professional judgment and shall assume
professional responsibility in the performance of their services and duties as set forth herein.
10.!HOLD HARMLESS/INSURANCE REQUIREMENTS:
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners, and its employees from any and all claims, demand, costs or judgments
against the County or its employees, which said for bodily injury (including death), personal
injury, and property damage (including property owned by Monroe County) and any other
losses, damages, and expenses (
or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained within this agreement.
Prior to commencement of work governed by this contract, the Contractor shall furnish the
Owner Certificates of Insurance indicating the minimum coverage limitations as indicated on the
forms identified as VEHICLE LIABILITY INSURANCE REQUIREMENTS; GENERAL
LIAANCE
REQUIREMENTS as shown in attached A, and all other requirements found to be in
the best interest of Monroe County as may be imposed by the Monroe County Risk Management
Department. Coverage shall be maintained throughout the life of the contract.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies, except for Workers Compensation.
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11.!NON-WAIVER OF IMMUNITY:
Notwithstanding the provisions of Sec. 786.28, Florida Statutes, the participation of the County
and Contractor in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the County be required to contain any provision for waiver.
12.!NO PERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
13.!NON-DISCRIMINATION:
CONTRACTOR and COUNTY agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONTRACTOR and COUNTY
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972,
as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis
of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to
confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of
1968 (42 USC s.3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note),
as may be amended from time to time, relating to nondiscrimination on the basis of disability;
10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of
race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity
or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement.
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14.!PRIVILEGES AND IMMUNITIES:
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All of the privileges and immunities from liability; exemptions from laws, ordinances, and rules;
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, volunteers, or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the County shall apply
to the same degree and extent to the performance of such functions and duties of such officers,
agents, volunteers, or employees outside the territorial limits of the County.
15.!INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for five (5) years following the
termination of this Agreement
The Contractor shall also allow the County to inspect the Cvehicles or equipment at
any reasonable time.
16.!PUBLIC RECORDS:
To the extent that it is applicable, Contractor shall comply with F.S. 119.0701, Contractor must
comply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor
shall allow and permit reasonable access to, and inspection of, all documents, records, papers,
the
provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor
in conjunction with this contract and related to contract performance. The County shall have the
right to unilaterally cancel this contract upon violation of this provision by the Contractor.
Failure of the Contractor to abide by the terms of this provision shall be deemed a material
breach of this contract and the County may enforce the terms of this provision in the form of a
court proceeding and shall, as a prevailing party, be entitled to reimbursement
fees and costs associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law
in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
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(2) Upon receipt from the Coun
of the requested records or allow the records to be inspected or copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the duration of
the contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the contract, the Contractor
shall meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the County, upon request from the C
records, in a format that is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made
directly to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor doe
enforce the public records contract provisions in accordance with the contract, notwithstanding
rovision
by the Contractor. A Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to penalties under
section119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
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TH
Street, SUITE 408, KEY WEST, FL
33040.
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17.!ATTESTATIONS:
Contractor agrees to execute such documents as the County may reasonably require, to include a
Public Entity Crime Statement, an Ethics statement, and a Drug-Free Workplace Statement
18.!BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the County of any defect in the performance, failure
to meet a condition, or provision of this Agreement by the Contractor, shall not operate as a
waiver by the County of strict compliance with the terms of this Contract. County may
immediately terminate the Agreement due to any violations by Contractor of statutes, rules or
regulation related to this Agreement.
19.!TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with
written notice of termination at least six months prior to the date of termination. If the capacity of
the Key Largo Transfer Station/Site becomes limited the Contractor, upon 24-hour notice from
the County, will cease delivery to the Site. The Contractor understands and agrees to this
condition and shall be prevented from delivery to the Site when capacity is limited.
20.!TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the
performance of any of its obligations under this agreement. Default shall include the occurrence
of any one of the following events and same is not corrected to the satisfaction of the County
within thirty (30) days after the County provides the Contractor with written notice of said
default:
a.! Failure to obtain and maintain the proper permit(s) and license(s).
b. Breach of any other term, condition or requirement of this agreement.
c. The Contractor has defaulted, by failing or refusing to perform or observe the
terms, conditions of or covenants in this Agreement or any of the rules and
regulations promulgated by the County pursuant thereto, or has wrongfully failed
or refused to comply with the instructions of the Contract Administrator relative
thereto, and said default is not cured within thirty (30) days of receipt of written
notice by Contractor to do so, or if by reason of the nature of such default, the
same cannot be remedied within thirty (30) days following receipt by Contractor
of written demand from Contractor to do so, Contractor fails to commence the
remedy of such default within said thirty (30) days following such written notice,
or having so commenced shall fail thereafter to continue with diligence the curing
thereof (with Contractor having the burden of proof to demonstrate \[a\] that the
default cannot be cured within thirty (30) days, and \[b\] that it is proceeding with
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diligence to cure said default, and such default will be cured within a reasonable
period of time.
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21.!ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners of Monroe
County and Contractor, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
22.!COMPLIANCE WITH LAW:
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
23.!SEVERABILITY:
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent of
this Agreement. The County and Contractor agree to reform the Agreement to replace any
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
24.!DISCLOSURE AND CONFLICT OF INTEREST:
The Contractor represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. Upon execution of this contract, and thereafter as changes may require,
the Contractor shall notify the County of any financial interest it may have in any and all
contracts with Monroe County.
25.!FINANCIAL RESPONSIBILITY:
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for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor
further warrants and represents that it has no obligation or indebtedness that would impair its
ability to fulfill the terms of this contract.
26.!MODIFICATIONS:
This Agreement constitutes the entire contract and understanding between the parties hereto,
and it shall not be considered modified, altered, changed or amended in any respect unless
in writing and signed by the parties hereto.
27.!NOTICE REQUIREMENT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY:
Monroe County Administrator
1100 Simonton Street, Suite 205
Key West, FL 33040
Monroe County Solid Waste Director
1100 Simonton Street, Suite 231
Key West, FL 33040
and
County Attorney
th
1111 12 St., Suite 408
Key West, FL 33040
FOR CONTRACTOR:
President
Waste Management Inc. of Florida
2700 Wiles Road
Pompano, FL 33073
28.!TAXES:
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall
not aying sales tax to its suppliers for
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materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use
Tax Exemption Number in securing such materials. The Contractor shall be
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responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
29.!GOVERNING LAWS:
This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising
under this Agreement must be in Monroe County, Florida. In the event of any litigation, the
costs.
30.!ADJUDICATION OF DISPUTES OR DISAGREEMENTS:
The parties agree that all disputes and disagreements shall be attempted to be resolved by meet
and confer sessions between representatives of each of the parties. If the issue or issues are still
notresolved to the satisfaction of the parties, then any party shall have the right to seek such
relief or remedy as may be provided by this Agreement or by Florida law.
31.!PUBLIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for construction or repair of a
public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under
a contract with any public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of
36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO:
$25,000.00).
32.!AUTHORIZED SIGNATORY:
The signatory for the Contractor, below, certifies and warrants that:
(a)! corporate
charter.
(b)!He or she is empowered to act and contract for Contractor.
33.!ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in
writing and be executed in the same manner as this agreement.
34.!EXECUTION IN COUNTERPARTS:
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This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument and any
of the parties hereto may execute this Agreement by signing any such counterpart.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and
date first written above in four (4) counterparts, each of which shall, without proof or accounting
for the other counterparts, be deemed an original contract.
(SEAL)
Attest: KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
(SEAL) WASTE MANAGEMENT INC. OF
FLORIDA
Attest:
By: By:
WITNESS
Title: Title:
By:
WITNESS
Title:
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INSURANCE REQUIREMENTS.
The insurance requirements are set forth in detail in the attached forms
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