2nd Renewal & Amendment 08/15/2007
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
August 27, 2007
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Assistant Director
Public Works Division
FROM:
Pamela G. Hanc~
Deputy Clerk LY
At the August 15, 2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
One-year Residential Lease Agreement between Monroe County and a law enforcement
officer selected by the Sheriff of Monroe County.
j(l) Renewal and Amendment of Agreement between Monroe County and Synagro
Southeast, Inc. for Operation and Maintenance of the Wastewater Treatment Plant at Marathon
Governrnent Center in order to renew for an additional one year period and clarify Item 4 in the
original Contract, Contract sum, and (2) Assigrunent and Assumption of Agreement of Contract
and Consent from Synagro Southeast, Inc. to Synagro South, LLC.
Lease: Renewal and Amendment 1 between Monroe County and the State of Florida,
Department of Juvenile Justice to occupy office space on the second floor of the Department of
Juvenile Justice Building. The lease renewal shall commence on November 1, 2007 and end on
October 31, 2012.
Lease Agreement Renewal between Monroe County and the Florida Keys Outreach
Coalition to occupy office space on the second floor of the Department of Juvenile Justice
Building. The lease renewal shall commence on October I, 2007 and expire on September 30,
2012.
Business Lease Renewal between Monroe County and Independent Mortgage and
Finance Company, Inc. for office space for the Technical Support staff of the 16th Judicial
Circuit. The lease renewal shall commence on October 1, 2007 and expire on September 30,
2008.
Enclosed is a duplicate original of each of the above-mentioned for your handling.
Should you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File./
RENEWAL AND AMENDMENT OF AGREEMENT
Operation and Maintenance Sewage Treatment Plant
Marathon Government Center Marathon, Florida
THIS Renewal is made and entered into this JsJ!aay of August, 2007 between MONROE
COUNTY, FLORIDA and SYNAGRO SOUTHEAST INe. in order to renew the agreement between
the parties dated August 18,2005, and renewed August 16,2006, (copies of which are incorporated
hereto by reference), as follows:
I. The owner exercises the second of two one-year renewal options in accordance with
Paragraph 6.B. of the original contract dated August 18, 2005 ("Contract").
2. In accordance with Paragraph 6.B. of the Contract, the contract amount is adjusted in
accordance with the percentage change in the Consumer Price Index for all urban
consumers (CPI-U) for the most recent twelve months available. Monthly Operation
and Maintenance charges shall increase the CPI-U amount of 2.7% from $966.86 per
month to $992.97 per month. Repairs during normal working hours beyond the $500.00
limit shall increase from $57.37 per hour to $58.91 per hour. Emergency service calls
for overtime hours shall increase from $86.05 per hour to $88.37.
3. Paragraph 4. THE CONTRACT SUM, is amended to read as follows:
"The County shall pay to the Contractor for the faithful performance of said services on
a per month in arrears basis on or before the 30th day of the following month in each of
twelve (12) months. The Contractor shall invoice the County monthly for sewage
treatment plant operation and maintenance performed under the Specification contained
herein. The Contract price (as stated in the Contractor's proposal must be invoiced as
follows:
. Monthly Operation and Maintenance Services
(as outlined in the contract specifications)
$992.97 per month
. Repairs (routine, prior written approval required). Normal working
working hours of8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays, beyond the $500.00 limit $58.91 per hour
. Emergency service call. Overtime rate for hours other
other than normal hours as stated above, including weekends
and holidays. $88.37 per hour
. Handling fee for parts required for operation, maintenance,
repairs, and emergency services. Cost + 20 %
. Sludge removal (beyond four per year required as
regular maintenance) Cost + 12 %
Note: There are no additional costs for travel, mileage, meals, or lodging.
C
c::.
c.~
~Jl
t.."
a":.
q~.
'-~ '
co
c::>
c;..
~
u-
C:-::l
ld
-'
--
\..l-
4. Paragraph 4 of the Contract is amended to add the following:
"In any month in which the total for Repairs (as defined above)
does not exceed $500.00, the Contractor will not invoice said
amount to County and will be responsible for said amount.
In any month in which Repairs (as defined above) exceed
$500.00, the Contractor will invoice and the County will pay the
full amount stated on the invoice."
5. The term of the renewed agreement will commence on September 1,2007 and terminate
on August 31, 2008.
6. In all other respects, the original agreement between the parties dated August 18, 2005,
and renewed August 16,2007, remain in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year
first written above.
(Seal)
A...tt.es~:~.D_....~Y KOLHAGE, CLERK
....~.../
'-..... . "," >--..
~ ' - . -
Deputy Clerk
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
By ~J{f~
~f! '{1~~iJ,-y-
tness
~t:l~aJ{L5~~
SYNAGRO SOUTHEAST, INC.
By:
~~p~~~
:;I< IS I'''Ylgn'~-v /?"4",/JCtQ1.
Title
d/3t:72r L. c;;.,:M.
Print Name
I/O V 17 '-
Print Name
~-V-7rv.5
Date:
07/;7/07
,
Dated;
7- /[ (/7
.-
~: ..
.....:>".
MONROE COUNTY ATTORNEY
AP~i .Tfi:lJM:
YNTHIA L. RALL
ASSISTANT COUNTY ATTORNEY
Date ~ - Od.-- ~O~":f
r-
N
<.!l
~
~
~
(,.)C)
~r;3;f~
- -
.-:1: 0
o ~
ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRACT
AND CONSENT OF MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
THIS ASSIGNMENT AND ASSUMPTION AGREEMENT OF CONTRACTS (this
"Agreement") is made to be effective the 19th day of September 2005, by and between Synagro
Southeast, Inc., a Delaware corporation ("Assignor"), and Synagro South, LLC, formerly known
as Synagro South, Inc., a Delaware limited liability company ("Assignee").
WHEREAS, Synagro Technologies, Inc. is the ultimate parent company of both Assignor
and Assignee and Assignee is the direct parent company of Assignor;
WHEREAS, Assignor has entered into a Agreement, dated August 18, 2005, and all
amendments and extensions thereafter, with the Monroe County Board of County
Commissioners, for the Operation & Maintenance of the Sewage Treatment Plant Marathon
Govermnent Center located at 2798 Overseas Highway, Monroe County, Marathon, Florida,
which agreement is incorporated herein by this reference (the "Contract");
WHEREAS, Assignor desires to assign and transfer to Assignee all of its right, title and
interest in and to the Contract, subject to the terms, conditions, representations, covenants and
agreements set forth in this Agreement;
WHEREAS, Assignee desires to assume the responsibility and obligation for the
performance of all the services and other matters to be performed under the Contract after the
date hereof in accordance with the terms set forth herein; and
WHEREAS, the Monroe County Board of County Cormnissioners desires to give its
consent to such Agreement as required by the Contract.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
below, Assignor and Assignee agree as follows:
1. Assignment. Assignor hereby assigns, transfers and sets over to Assignee, its
successors and assigns, all of its right, title and interest in, to and under the Contract, subject to
the terms, covenants, agreements, representations and conditions thereof.
2. Acceptance. Assignee accepts the assignment of the Contract, agrees to be bound
by all commitments and obligations required to be performed or complied and any liability
directly caused by Assignee as a result of Assignee's defective performance or compliance with
such commitments and obligations, regardless of whether the work had been required to be
performed by Assignor prior to the assignment;
3. Counterparts. This Agreement may be executed in two counterparts, each of
which shall be deemed an original and which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, each party has caused this Agreement to be duly executed
and effective as ofthe date above written.
Synagro Sontheast, Inc.
("ASSIGNOR")
~-;-12 ;;' ~
By: _' c~f// ___
J. Paul Withrow
Vice President
Synagro Sonth, LLC
("ASSIGNEE")
5;f~1z(
By:
J. Paul Withrow
Vice President
Tax ID: 74-2924511
/~
oj ;'
By: t /'
Thomas J. Bintz' /
Assistant Secretary
Tax ID: 76-0612567
By: ....7~
Thomas J.13intz
Assistant Secretary
CONSENT OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
TO ASSIGNMENT AND ASSUMPTION
The undersigned hereby consents to the foregoing Assignment and Assumption of the Contract,
by and between Assignor and Assignee. :J: ""
o 0 g
:;e::; ::> -..
;o("")~ ~
0..-""_' C
P-l':"'t~-< G")
BOARD OF COUNTY COMMISSIONER&::~; r- ~
OF MONROE COUNTY, FLORIDA :,;; c,; c-
Effective as ofthe _ day of
[SEAL]
ATTEST: DANNY L. KOHLAGE, CLERK
~~/
Deputy Clerk
,2007.
-:C)
>
:%
'fJ
o
\D
Date:
MONROE COUNTY ATTORNEY
A PROVED AS TO FO
. .-1
~ ",.
YNTHIA L. ALL
ASSISTANT COUNTY ATTORNEY
Date ~e'-oJ.-O-:;
2
..,
,-
;-l1
';'::J
~"
'-:::>
>.]
:.:0
''1
t")
o
::0
\::J