Item C30BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/21/14 Division: Public Works
Bulk Item: Yes X No Department: Solid Waste Management
Staff Contact: Rosa Washington/292-4432
AGENDA ITEM WORDING: Approval to waive competitive bidding procedures under the solid
waste service exemption, and enter into agreement with Sweetwater Environmental, for the
transfer, storage, treatment, transportation, and disposal of sludge/septage generated within
Monroe County. This agreement will expire June 30, 2016.
ITEM BACKGROUND: Monroe County entered into the contract with Sweetwater Environmental,
Inc., in 2004. Due to the changes in County policies and centralized sewer system being put in place,
the amount of sludge/septage being brought to the County's transfer stations has decreased from
approximately 2,000,000 gallons to approximately 500,000 gallons. The County currently pays
Sweetwater twenty cents ($.20) per gallon for the haul out, and charges contractors who bring in the
material twenty-two cents ($.22) per gallon. Though the flow rate has decreased and the revenue
gained is minimal, the County needs to maintain services until all centralized sewer systems in Monroe
County are completed and properties are connected. Given the short duration of this contract and the
ultimate elimination of contractual services, staff is recommending that competitive bidding
procedures be waived. This contract also allows for maintenance and repairs of the Long Key and
Cudj oe equipment, plus a monthly maintenance fee ($1, 800 per month), and for the eventual closing of
the Key Largo facility.
PREVIOUS RELEVANT BOCC ACTION: Entered into initial agreement 5/19/04, amended
agreement on 6/16/04, entered into renewal agreement 6/17/09.
CONTRACT/AGREEMENT CHANGES: New agreement includes a monthly maintenance fee
for the duration of the contract which expires in 2016 and includes repairs/upgrades to
equipment at Cudjoe, Long Key and Key Largo sites.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $ 208.000.00 (ADDrox) BUDGETED: Yes X No
COST TO COUNTY: $ 208,000.00 (Approx) SOURCE OF FUNDS: 414-40000-530310
REVENUE PRODUCING: Yes X No X AMOUNT PER YEAR: $10,000
(approximately)
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM # C30
Revised 11/06
IV14TI
Ij ►A[q 611INDIIRAJ
DATE: May 1, 2014
TO: Kevin Wilson, Public Works & Engineering Division
FROM: Rosa S. Washington, Solid Waste Sr. Administrator
RE: Sweetwater Agreement 2014
71,57.0-474 :T nizolize 11�1
role] ON k
Contract with: Sweetwater Environmental Inc. Contract #
Effective D. 07/01/2014
Expiration Date: 06/30/2016
Contract Purpose/Description: Agreement with Sweetwater Environmental Inc., for the
transfer, storage, treatment, transportation, and disposal of
sludge/s ptage generated within Monroe County.
Contract Manager: Rosa Washin ton 4432 Public Works - #1
(Department/Stop #)
for BOCC meeting on May 21, 2014 Agenda Deadline: May 6, 2014
CONTRACT COSTS
Total Dollar Value of Contract: Approx Current Year Portion: $ 54,800.00
208,000,00
Budgeted? Yes M No Account Codes: 414-40000-560620
Grant: $-0-
County Match: $-0-
ADDITIONAL COSTS
Estimated Ongoing Costs: $__n/a /yr. For:
Not included in dollar value above) (e.g., maintenance, utilities, janitorial, salaries, etc.
Division Director
Risk Management
O.M.B./Purchasing
County Attorney
Comments:
at In
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CONTRACT REVIEW
Changes
Needed Reviewer
YesEl No k// 46 fe,,,6�
Yes[:] Naa
Yes[] No[E V V
YesEj No CL-�j. g L�-L! ci-r V a �b
Date Out
Ay
N IVA 13 207fill M09-To IMAKII E & Lei
TRANSPORATION,AND DISPOSALOF !<
THIS AMENDMENT M ♦ into day of May 2014,between
:•. • • • 1 • • i i • • • . 1• I itica I subdivisionof of • r
i Sweetwater environmental,r •
WHEREAS, the parties entered into an agreement dated May 19, 2004, for the transfer,
collection, storage, treatment, transportation, and disposal of sludgejseptage generated within Monroe
County; and
due to the changes in Countypolicies and centralized sewer systems being put in
centralized
WHEREAS, the parties have negotiated a monthly maintenance fee to keep the sites in prop
working order and a cost estimate for repairs/upgrades needed at the Cudjoe and Long KE I
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♦ i. ;: � • i • ' t ' r - . is ♦ •
TERM OF AGREEMENT: This agreement shall be for a two (2) year period beginning July 1, 20
and ending at 12:00 midnight on June 30, 2016. The term of this agreement may be extended upon
written agreement by the parties.
2. Section II of the Agreement is hereby amended to add the following:
The COUNTY shall pay the CONTRACTOR a monthly maintenance fee of One Thousand Eight
Hundred Dollars and Zero Cents (1800.00) on a per month in arrears basis for keeping the sites
in proper working order.
The COUNTY shall pay the CONTRACTOR for repairs and upgrades at the Cudjoe and Long Key
sites as set forth in the Proposal, attached hereto and incorporated by reference. The estini
cost for the repairs/upgrades at Cudjoe Key site is Thirty-two Thousand Two Hundred dollars
• : •� �'.. • • • .12&&li Gil A AT
The CONTRACTOR agrees to furnish all labor, parts and equipment to complete the
repairs/upgrades.
�re re#uired to service this site, The
CONTRACTOR shall remove all equipment at the Key Largo site upon closure and shall
removal all equipment at the Cudjoe and Long Key Sites prior to expiration of this
Agreement and in coordination with the COUNTY.
�ursuant to F.S. 119,0701, Contractor and its subcontractors shall comply with all public
-ecords laws of the State of Florida, including but not limited to:
(a) Keep and maintain public records that ordinarily and necessarily would be required by
Monroe County in order to perform the service.
(b) Provide the public with access to public records on the terms and conditions that
Monroe County would provide the records and at a cost that does not exceed the cost
provided in Florida Statutes, Chapter 119 or as otherwise provided by law.
(c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
(d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe
County all public records in possession of the contractor upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from
X,Y.Islic rec#nfs iisclasyre r-&�uiremems. All rectr4s st*reit electr*A-ir.?,Ily Must We -,tr*vi*e4 t%
Monroe County in a format that is compatible with the information technology systems of
(Seal) BOARD OF COUNTY COMMISSIONERS
Attest: Amy Heavilin OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor Sylvia Murphy
(Seal) SWEETWATER ENVIRONMENTAL, INC-
Attest:
By: BY:
Spence Steadman, VP/General Manager
MONROE COUNTY ATTORNEY
A P P R, C'," gas'; TO F
41,1,431
ASS[ ;TA H-1 c'(.)l,NTY ATTORNEY
Date
Monroe County Clerk's Original
RENEWAL AGREEMENT
lot
1. In accordance with Section IV of the original agreement dated May 19, 2004, the contract is hereby
renewed for one (1) additional five (5) year term. -n
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2. Section I of the agreement, as amended, is hereby amended to read as follows: �- --, �-- C3
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"L TERM OF AGREEMENT:
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This agreement shall be for a five (5) year period beginning July 1, 2009, ai t§
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12:00 midnight on June 30, 2014." M
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3. In all other respects, the original agreement between the parties dated May 19, 2004, as amended
on June 16, 2004, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first
written -above.
L
A DANNY L. KOLHAGE, CLERK
(SEAL)
Attest:
B/
AN
Dep6ty Clerk
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By,_ Awl'u.
Mayor/Mayor Pro Tern
OE COUNT ATT RNeY
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PR VEID AM,
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PEDRO J.
ASSIST JNT)" j-- ORNEY
" 1/, V e- President
ent
THIS AMENDMENT, entered into this 16th day of June, 2004, by and between the Boa
of County Commissioners of Monroe County (COUNTY). Florida, and Sweetwat
Environmental, Inc. (CONTRACTOR). I
WHEREAS, the parties entered into an agreement dated May 19, 2004, for the transfeZ
collection, storage, treatment, transportation, and disposal of sludge/septage generat
within oe CoI•,
WHEREAS, it has been determined that it is necessary to amend said contract to provid
a later commencement date to allow for notice to the current contractor and oth
transitinal issues; NW THEREFRE I
oOO
IN CONSIDERATION OF the mutual promises contained herein, the parties agree as
follows:
1. Paragraph 1. TERM OF AGREEMENT. Of the agreement dated May 19, 2004 shall be
revised to read:
This agreement shall be for a five (5) year period beginning, July 1, 2004 and ending
12:00 midnight on June 30, 2009. The term of this agreement shall be renewable
accordance with Section IV.
2. All other provisions of the agreement dated May 19, 2004, not inconsistent herewith,
shall remain in full force and effect.
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
at acco . uMng for the other counterparts, be deemed an original contract.
Atf4st: DANNY L. KOLHAGE, CLERK
I
beputy Clerk
(SEAL)
Attest:
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By: C
Ma§6r/Chairman
L--n
MONROE COUNTY ATTORN't-
ROVED A
ZA NE A. HUTTON
ASSISTANT CMM Y RNEY
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i to the CONTRACTOR. The COUNTY will not be obligated to pay 1br any serAm
2 provided by the CONTRACTOR aftr the CONTRACTOR has received written notice of
immediateteffniruftn.
5 Cmpensation for services agreed to herein might be adjusted annually in accordance
6 with the percentage change in the Consumer Price Index for all Urban Consurners (CPI -
for the most recentmonths available.
i, SCOPE
, • OF
1!
I I A. The CONTRACTOR shall provide all necessary licenses and permits, labor
12 1 staffing,equipmeKand supplies andmaterialsnecessary4receive
13 sludge and septage from local sludge and septage haulers at the designated
14 collection sites, 1d.: to store the sludge 1<. : i F::r _untiltramported out of
15 theCOUNTY.
16
17 13- The CONTRACTOR shall provide all necessary licertses and permits, labor
Is i staffing, equipment, andsuppliesandmaterials! transport
19 sludge and septage from local haulers to a FkxWa Department of
20 En-119ANOWntOlProteWon permitted final disposal site outsift the COUNIYS
21 boundaries.
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23 AN 1 ?+:+ 1 • 1:{ 1 • activities shall 'r • xconducted with property licensed and
24 insured vehicles and shall be in accordance with all applicable requirements
25 orregulations.
26
27 The CONTRACTOR shall have an emergency spill program, approved by the
29 appropriate regulatory agencies, in place prior to initiating any transportation
29 -- on "s. Documentation of this review shall be available from the
30 CONTRACTOR at the request of the COUNTY.
31
32 Any agreements with regards to sludge and septage disposal wM waste
33 water treatment plants, landowners, or regulatory agencies shall be the
34 exclusive of toCONTRACTOR.
necessary35
36 All permitting, sampling, monitoring,recordkeeping,and activities
37 related to sludge and septage disposal shall be the exclusive responsibility of
39 6the CONTRACTOR.
39
k- C. The COUNTYprovide the CONTRACTOR access to power,-
41 sanitary facilities at each of the COUNTYS landfillftransferIa
2
3 The CONTRACTOR shall not d wftinate against any pen;on an the basis of race,
a Greed. cam, natortal origin, sex or sexual orientation, gender identity or expression,
s familial status, age, disability, or any other chamdaristic or agmd which is not job
6 related when recruiting, hiring. prm9, terminating or any other area ~ng
7 employn xmt under this argreement. At all times, the CONTRACTOR shall comply with
a all applicable laws and regulations with regard to employing the most qualified perow(s)
9 for positions under this agreement. Additionait'Y, the CONTRACTOR shall not
io discriminate against any person on the basis of race, creed, color. national origin. sex or
l t sexual orientation, gender identity or expression, familial status, age, disability, financial
12 status or any odw or aspect in regard to providing
INSPECTION13
OF BOOKS AND FACILITIESIAUDITIACCOUNTING:
15
16 The CONTRACTOR shall maintain the financial records In accordance vwftith gewnera
17 accepted accounting principles, and allow the COUNTY to inspect its books and ��t
is and the facilities at any reasonable time. In addition, the CONTRACTOR shall, at '0
ig expense, pmvkje Me COUNTY with an annual audit prepared by an indel
20 C4w~ Public AccountanL CONTRACTOR shall retain al records pertainiing �tWoj
21 agreement for _ pe► 1 :• -lam termexpires.
I'
RECORDS23 XI. PUBLIC
24
25 The CONTRACTOR shall comply with the Public Records Lim of the State of Florida,
26 subject to any provisions providing exemption from disclosure.
27
OF CONTRACTOR
ti
3o The passing, aWroval, arWor acceptance by the COUNTY of any defect in the services
31 furnished by the CONTRACTOR, sMII not operate as a waiver by the COUNTY of strict
32 compliance 1 ': the tennof #ft Contact, ;! specificationscovering is the services.
34 CONTRACTOR of criminal statutes. Any other CONTRACTOR breach of this
35 agreenwit shallbegoverned by the articleabove an termination f cause.
36
37 The CONTRACTOR ag. that County representatives may visit the facilities
39 periodically to inspect CONTRACTOR'S maintenance of the premises. The
39 CONTRACTOR agrees that County ela may visit the facilities
40 periodically to conduct random open file evaluations during the CONTRACTO1;rS
normalbusiness hours.
TERMINATION42
44
45 The COUNTY or CONTRACTOR may terminate this agreement without cause by
46 providing the • 14' - partyIwritten notice oftermination- one a }eighty
evaluation, or beabnent ti provision apply whether
or
•
t such
program is required by statute, as a conditiort of probation, or is provided on a
voluntary basis.
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Any notice required or permittedunder_ll be III fand �')'.
delivered or maded, postage prepaid, to the other party by certified mail, return receipl
requested, to the following:
James R. _ .. Director
mil—W•_
Marathon ....,
9400 Overseas Highway, Suite 200
Marathon, I 1'
James A. _ •vec, President
Sweetwater Environmental, Inc.
P. 0. Box 370170
Milwaukee, VVI 1'
COUNTYThe _ •t torn payment of o .. State Salm and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from
paykV sales tax to ft suppiers for materials used to fulfiN its obligations under this
contract nor is the CONTRACTOR authorized to use the COUNTYS, Tax Exemption
Number in securing such materials. The CONTRACTOR shall be responsible for any
and all taxes, or payments of withholding, related to services rendered under this
agreement
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litigation, the prevailing party is enttled to attorneys fees and costs. The parties
waive their rightsto trial by
A person or affiliate who has been placed on the convicted vendor W following a
w• rr • • • II h r r • 1 4' t!I I - r f • • •'' 1 - . r . •L
services to a public entity, may not subrnk a bid an a contract with a public entity for
1 i' • 1 hh• t :'_<r • •; h• r. 1 h• I r I
iT
AUTHORIZED
The signatory for the CONTRACTOR, below, cedirm and warrants that
(a) The CONTRACTORS name in this agreement is its full name as designated in
its corporate charter.
(b) He or she is empowered to act and conbact for CONTRACTOR.
(c) This agreement has been approved by the CONTRACTOR'S Board of Directors.
Further, CONTRACTOR shall, upon execution of this agreement, provide proof of
incorporation and a list of its Board of Directors.
XXIV. ENTIRE AGREEMENT:
This agreement constiMes the entire agreement between the COUNTY and th::
CONTRACTOR for the services contemplated herein. Any amendments or revisions ft
this be in writingand be executed in thesame r
11
I IN WITNESS WHEREOF the parties hereto have executed this Agreernent on to day
2 and date first written above in four (4) counterparts, each of which shall, without proof or
accounting • • I'. _ counterparts, be deemed an original controa
4
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9 VOLHAGE, CLERK
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12 AJeputy Clerk
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Ma !Chairman
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ONROE-CCUNT1' ATTOR y
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ASSISTANT G TTaR
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1, sYl2?Y4--QA- LPW—A*:f—" — of the city of MY4CW4='CO �f2taW4&Ikj _ aCCGrdhng
law on my oath. and wder �WW of WpM. dWm wW S2V th2t
I am &OSeAd*0r__Of 80 *M ol 0YAkKZ.V
bidder malft the Propoem for the pwJw deacmw in the moo= jor ca&V W We for
Mill[Thuir,
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4- Uriless otherwise required by low. the prices which ham been quobld In this bid have not
been kwwkVY dlSClOS6d by the bidder and will not kroowtn* be cftclomw by the bidder prior
to bid openirig. directty or hxMecoy, to any other bWer or to arvy compeftw.
5- NO aft"'Pt has Mari MOM or wN be made b the I I 1 1, to kKkm any oew pwwl.
Pwkftfs* Or corporation to stsbrnit. or not to mdwdt a bid for ft pugpow ol rq$kjdkV
Conwelmoil.
G. The statements contakud in this affidavit are Ina and corrack and nmNis w1h fiA knowledge
ftud Monroe County mMG upon " hAth Of the dmhwmft contwwd in " affidwa in
awwdingcorjV=ft*Lr=M project
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lmw of VwL*ftd S&i&w cr arty sbimR for m oocueg !n dw MarkI l no bow rigs oft
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