05/16/2001 Agreement
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
BRANCH OFFICE
MARATHON SUB COURTHOUSE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
MONROE COUNTY COURTHOUSE
500 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3663
BRANCH OFFICE
PLANTATION KEY
GOVERNMENT CENTER
88820 OVERSEAS HIGHWAY
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
DATE:
June 28, 2001
TO:
Peter Horton, Manager
Monroe County Airports
FROM:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc~
Deputy Clerk U
ATTN:
At the May 16, 2001, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
Two year Lease Agreement Marathon Airport between Monroe County and Federal
Express Corporation at the Marathon Airport.
/ : Agreement between Monroe County. and Synagro Southeast, Inc. to provide operation
and maintenance of sewer treatment plant at the Florida Keys Marathon Airport.
Enclosed are a duplicate originals of the above mentioned for your handling. Should you
have any questions please feel free to contact our office.
Cc: County Administrator w/o document
Risk Management w/o document
County Attorney
Finance
File wi'
AGREEMENT
This Agreement is made and entered into this j(p; ~ay of M,A Y , 2001,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "Board" or "County," and SYNAGRO SOUTHEAST, INC., hereinafter referred to as
"Provider."
WHEREAS, the County desires to obtain the services of the Provider for operation and
maintenance of the sewage treatment plant at the Marathon Airport, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider
substantially and satisfactorily performing the scope of services under paragraph 4, shall pay to
the Provider the sum of Six Thousand Two Hundred Forty-three and 60/100 Dollars ($6,243.60)
annually, and costs not to exceed $9,000 annually, for repairs and special tasks materials and
chemicals of a non-recurring nature.
2. TERM. This Agreement shall commence on December 1, 2000, and terminate
November 30, 2001, with a one-year option to renew, unless earlier terminated pursuant to
other provisions herein.
3. PAYMENT. Payment of the sum provided in paragraph 1 will be paid
periodically, but no more frequently than monthly as hereinafter set forth. Reimbursement
requests will be submitted to the Board via the Airport Business Office and the Clerk's Finance
Office. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved by both the Airport Management and
the Finance Office as being in compliance with state statutes. Evidence of payment by the
Provider shall be in the form of a letter, summarizing the expenses, with supporting
documentation attached. The letter should contain a certification statement as well as a notary
stamp and signature. Alternatively, reimbursable expenses may be handled by Provider's
suppliers direct-billing the County.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the Provider. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount of $9,000.00 per year.
4. SCOPE OF SERVICES. The Provider, for the consideration named, covenants
and agrees with the Board to substantially and satisfactorily perform the operation and
maintenance of the Marathon Airport Terminal Sewage Treatment Plant.
s. RECORDS. The Provider shall maintain appropriate records to:Jtns~e cr:::pro~r
accounting of all funds and expenditures, and shall provide a clear financial a~it ~!:a. il ~ alfOW
for full accountability of funds received from said Board. Access to these ~s !i@all~e
provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the S~~qf FI~da~r
authorized agents and representatives of the Board or State. on: en 0
The Provider shall be responsible for repayment of any and all audit excEi~$ ~ch ~e
identified by the Auditor General of the State of Florida, the Clerk of Court for:.~~oe:&>u~,
an independent auditor, or their agents and representatives. In the event of arhiu~ e~pt~,
the current fiscal year contract amount or subsequent fiscal year contract cf}JIo~ts ~all~e
offset by the amount of the audit exception. In the event this agreement is not ren~ecR>r
continued in subsequent years through new or amended contracts, the Provider shall be billed
by the Board for the amount of the audit exception and the Provider shall promptly repay any
audit exception.
6. INDEMNIFICATION AND HOLD HARMLESS/INSURANCE.
(a) The Provider covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe County) and any
other losses, damages, and expenses (including attorney's fees) which arise out of, in
connection with, or by reason of services provided by the Provider occasioned by the negligence,
errors, or other wrongful act or omission of the Provider's employees, agents, or volunteers.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
(b) As a pre-requisite of the work governed, or the goods supplied under this
agreement (including the pre-staging of personnel and material), Provider shall obtain, at its own
expense, insurance as specified in the attached schedules, which are made a part of this
agreement. The Provider will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Provider. As an alternative, the Provider may require all
subcontractors to obtain insurance consistent with the attached schedules.
The Provider will not be permitted to commence work governed by this agreement
(including the pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as specified below. Delays in the commencement of
work, resulting from the failure of the Provider to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this agreement and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the specified date and time,
except for the Provider's failure to provide satisfactory evidence.
Provider shall maintain the required insurance, throughout the entire term of this
agreement, and any extensions, as specified in the attached schedules. Failure to comply with
this provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work, resulting from the failure of the
Provider to maintain the required insurance shall not extend deadlines specified in this agreement
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Provider's failure to maintain the required insurance.
Provider shall provide to the County, as satisfactory evidence of the required insurance,
either a Certificate of Insurance or a certified copy of the actual insurance policy.
The County, at its sole option, has the right to required a certified copy of any or all
insurance policies required by this agreement.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Provider's insurance shall not be construed as
relieving the Provider from any liability or obligation assumed under this agreement or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be
approved by Monroe County Risk Management.
7. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, the
Provider is an independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the Provider or any of its
employees, contractors, servants or agents to be employees of the Board.
8. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall
assure that all professionals have current and appropriate professional licenses and professional
2
liability insurance coverage. Funding by the Board is contingent upon retention of appropriate
local, state and/or federal certification and/or licensure of the Provider's program and staff.
9. MODIFICATIONS AND AMENDMENTS. Any and all modifications of the
services and/or reimbursement of services shall be amended by an agreement amendment,
which must be approved in writing by the Board.
10. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and
warrants that:
(a) The Provider's name in this agreement is the full name as designated in its
corporate charter, if a corporation, or the full name under which the Provider is authorized to do
business in the State of Florida.
(b) He or she is empowered to act and contract for the Provider; and
(c) This agreement has been approved by the Board of Directors of the Provider if the
Provider is a corporation.
11. NOTICE. Any notice required or permitted under this agreement shall be in
writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt
requested, to the other party as follows:
For Board:
Marathon Airport Manager
9400 Overseas Highway
Marathon, FL 33050
For Provider:
Synagro Southeast, Inc.
89111 Overseas Highway
Tavernier, FL 33070
12. CONSENT TO JURISDICTION. This agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under this
agreement shall be in Monroe County, Florida.
13. NON-WAIVER. Any waiver of any breach of covenants herein contained to be
kept and performed by the Provider shall not be deemed or considered as a continuing waiver
and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
14. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued
at a level sufficient to allow for continued reimbursement of expenditures for services speCified
herein, this agreement may be terminated immediately at the option of the Board by written
notice of termination delivered to the Provider. The Board shall not be obligated to pay for any
services or gOOds provided by the Provider after the Provider has received written notice of
termination, unless otherwise required by law.
15. PURCHASE OF PROPERTY. All property, whether real or personal, purchased by
Marathon Airport or Monroe County to support this agreement, shall be the property of Monroe
County and shall be accounted for pursuant to statutory requirements.
16. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Provider and the Board.
17. RESTRICTIONS ON ASSIGNMENT OR SUBCONTRACT. The Provider may not
assign its privileges and obligations under this contract or subcontract the work described in
Section 4 without the written permission of the Board.
3
18. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state and
local laws governing the activities under this agreement. Provider covenants that it shall
maintain and operate and use the premises in compliance with 49 CFR, Part 21,
Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said
Regulations may be amended. More particularly, Provider covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to discrimination in the
use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of
services thereon, no person on the grounds of race, color, national origin, or sex shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination.
19. 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 any goods or services to a publiC entity, may not submit a bid on a contract
with a public entity for the construction or repair of a publiC building or publiC work, may not
submit bids n 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
Sec. 287.017, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list. If the Contractor is on the convicted vendor list, then this Contract is void
ab initio with the County under no obligation to pay the Contractor any compensation or damages
under any legal theory whatsoever.
20. ETHICS CLAUSE. The Provider warrants that he/it has not employed, retained or
otherwise had act on his/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,
com . 'on, percentage, gift, or consideration paid to the former County officer or employee.
~OUN~
~~ IN
" 0
~ :\."'*'
Z
~
ESS WHEREOF, the parties hereto have caused these presents to be executed as
ar first written above.
BOARD OF COUNTY COMMISSIONERS
.I OF MONROE COUNTY, FLORIDA
~g= -e ~Q-d
Mayor/Chairman
-
Attest:
SYNAGRO SOUTHEAST, INC.
~~/~;~q'OI
BY~Y~~ 0 :> ....
Title t!:J P~....JJ pt'/U: c.~~
jdconsynagro
4
......~-~~-_.......---..~~--~-=~~
I
"
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETIVEEN
MONROE COUNTY, FLORIDA': .,)
AND
. "
,
Prior to the commencement of work governed by this contract, the Contractor 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 Defmition of Prpperty Damage
The miIumum 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 Fonn 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 foIlov.ing the acceptance of work by the County.
The Monroe County Board of County Commissioners shalI be named as Additional Insured on
all policies issued to satisfy the above requirements.
'.
GLI
~4
("
I
"
VEHI CLE LIABILITY
INSURANCE REQUIRE1\1ENTS
FOR
CONTRACT
, . BET\VEEN.
MONROE COUNTY, FLORIDA
AND
.,
.,
Recogmzing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability IusW'aIlce. Coverage shall be
mamwn'ecf throughout the life of the contract and include~ as a minimum, liability coverage for:.
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If s~lit limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The 1-.10nroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
\1..1
f;1
(
\\'ORKERS' CO\IPENSA TION
INSURANCE REQUIREl\fENTS
FOR
I
I'
CONTRACT
BETIVEEN
MONROE COUNTY, FLORIDA
' AND. .
" .,
Prior to the .commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance \\~th limits sufficient to respond to Florida Statute 440.
":' . . . : ..--
In addition,' the Contractor shall obtain Employers' Liability Insurance with limits of not Jess
than: .
,
$] 00,000 Bodily'Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$]00,000 Bodily Injury by Disease, each employee
Coyerage shall be maintained throughout the entire tenn of the contract.
.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Depanment of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Cenificate of Insurance will be required.
In addition, the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
'.
WeI
f(S