Item C40
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
Julv 26.27.2000
Division:
Public Works
Bulk: Item: Yes ~ No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval of contract renewal with Synagro Southeast. Inc., for the
operation and maintenancc of thc sewage treatmcnt plant at the Plantation Key Government Complex,
and authorization for Mayor to execute same.
ITEM BACKGROUND: On August 14, 2000, the contract with Synagro Southeast, Inc., (formerly
Ecosystematics) wiII expire. Article 3.10 of tile original contract stipulates an option to renew:
PREVIOUS RELEVANT BOCC ACTION: On August 12, 1998, BOCC granted approval ofa contract
with Ecosystcmatics, Inc. for opcration and maintcnance of thc Plantation Key Government Complcx
Sewage Treatment Plant. On May 12, 1999, BOCC exercised an option to renew for one additional year,
and on April 19, 2000, BOCC approved contract assignment and a formal corporate name change to
Synagro Southeast, Inc.
STAFF RECOMMENDATION: Same as noted abovc.
TOTAL COST: $4.286.40 O&M per vear BUDGETED: Yes X NO
$6,266.76 NTE Repairs, Parts, Chemicals Account #00 I 2050 I 530 340
Cost to County: Same
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
OMBlPurchasing _ Risk Management
Itcm Prepared b . ~V.t 4;0
rate, Sr. Director, Public Facilities Maintenance
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DIVISION DIRECTOR APPROVAL: tJ:h2/(/~
Dent Pierce, Division Director
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DOCUMENTATION:
Included ~ To follow
Not required
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DISPOSITION:
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Synagro Southeast. Inc. Effective Date:
Expiration Date:
08/15100
08 /14 101
Contract Purpose/Description:
Operation and Maintenance of the seware treatment plant at Plantation Key Government Complex.
Contract Manager
Ann Mytnik
(Name)
4431
(Ext. )
Facilities Maintenance
(Department)
.
for BOCC meeting on
July 26.27.2000
Agenda Deadline:
July 12. 2000
CONTRACT COSTS
Total Dollar Value of Contract: $ 10.553.16 Current Year Portion: $ 1.319.15
Budgeted? Yes ~ No _ Account Codes: 001 - 20501 - 530 - 340 -
Grant: $ NIA
County Match: $ NI A
Estimated Ongoing Costs: $ NIA
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
County Attorney
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No () fj /I f)
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Date Out
Division Director
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Ri~nagement
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Comments:
OMB Form Revised 8/30/95 MCP #2
RENEWAL AGREEMENT
(Plantation Key Govermnent Complex Sewage Trealmcnt Plant Operation & Maintenance)
THIS Renewal is made and entered into this 26th day of July 2000, between the COUNTY OF MONROE and
SYNAGRO SOUTHEAST, INC., (fonnedy known as ECOSYSTEMATICS, INC.) in order to rencw the agrecment
between the parties dated August 12, 1998, renewed on May 12, 1999, Consented to Assignment on April 19,2000, (all of
which are incorporated hereto by reference), as follows:
1. In accordance with Article 3.10 of the original agreement, the County exercises its option to renew the
Agreement for an additional year. The contract amount shall be adjusted in accordance with the
percentage change in the most recent Consumer Price Index for all urban consumers (CPI-U) for the most
recent 12 month available, as amended.
~
Article 3. 14 PAYMENT - The County shall pay to the Contractor for the performance of said service on
a per month in arrears bases on or before the 30th day of the following month in each of twelve (12)
months. The Contractor shaII invoice the County monthly for sewage treatment plant operation and
maintenance performed under the Specifications contained herein. The Contractor shall invoice under the
parent corporation known as Synagro Southeast, Inc. The Contract amount shall be as follows:
A. Monthly operation and maintenance services - $357.20 per month.
B. Repairs (routine, prior approval required) - Normal working hours of 8:00 a.m. to 5:00 p.m.
Monday through Friday - $31.33 per hour.
C. Emergency service call - Overtime rate for hours other than the normal working hours as stated
in Article 3. l4B, including holidays - $31.33 per hour.
D. Handling Fee for parts required for operation, maintenance, repairs, and emergency service -
Cost + 15%.
E. Handling Fee for materials, chemicals, and repairs by subcontractors - Cost + 15%.
F. Chlorine tablets - $94.00 per forty (40) pound pail.
G. Sludge removal above and beyond the three (3) per year included as regular maintenance - Cost
+ 13.5%.
Payment for repairs, emergency service call, handling fee for parts, materials, chemicals, and
chlorine tablets shall not exceed $522.23 per month.
2. The term of the renewed agreement will commence on August 15, 2000, and tenninate on August 14,
2001.
3. In all other respects, the original agreement between the parties dated August 12, 1998, 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.
(Seal)
Attest: DANNY L KOLHAGE, CLERK
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
SYNAGRO SOUTHEAST, INC.
Witness
By:
Witness
Title
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lJll:lBtl;;:~897j
May-15-00 1:25PMj
Page 2
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CONSENT TO ASSIGNMENT
ii
This Consent to Assignm~t is entered into this /1 day of -life) f-- ,
2000, by and between Monroe County, a political subdivision of the State of Florida,
hereafter County, and Synagl"O Southeast, Inc., hereafter Assignee, the parties agreeing
as follows:
1. The County contracted ~ for operation and maintenance of a sewage
treatment plant with Ecosystematics, Inc., hereafter, Assignor, through an agreement
dated August 12, 1998, hereafter the original agreem~t. The original agreement is
attached and incorporated into this Consent to Assignment.
2. By 0 merger on February 4, 2000, with Synagro Technologies. Inc. which was
renamed Synagro Southeast, Inc., the Assignor assigned to Assignee all the Assignorfs
rights, title and interest in the original agreement. The original agreement, paragraph
3.04 requires the conSent of the County before an assignment is effective ~Qinst the
County. The County hereby consents to the assignment described in this paragraph.
In consideration for such consent, the ASSignee agrees to be bound by all
the terms and conditions of the original agreement including the obligation to pay the
County any sums owed the County by the Assignor under the original agreement up to the
effective date of this Consent to Assignment, and including the requirement for
apprqpr-4ote~ate and federal certification and/or licensure.
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~ TTEST: DANNY L KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN1Y, FLORIDA
BY~
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(SEAL)
A tf.:est:
B~~~
SYNAGRO SOUTHEAST, INC.
By ~;/~~
Jcsynagro
:,
. RENEWAL AGREEMENT . >~I~~~ll~" ,,' '~~'i,..
(Plantation KeY Go"'''t CompleX S""..ge TrcO.tmcn! Plant OP.on & Maiiii~~\ ~kFj~ \.:
. ^ . . .. '.' ""#'1~""'!'J," 1'- - ,
THIS Renewal is made and cntered into this 12th day of Ma\,. 1999, belwecn:~i~tJ~~i~i~'F.~~:L;,'.'
MONROE 311d ECOSYSTEMATICS IN(" d . '..,., ,~(~,.'ii"~""'" :}) 'I",',h.'.,.
. .,' ., In or er to renew the agrccment between t~.~.~P.~~:"~l(xl';V~C~"'"
All gll 'I 12. 199X. (a copy of winch 'S UlCO.po.aled hereto by referencc), as follow" ;- 'i1:",:1-P:'Ji-.. i",>:,.' ,
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I In accordancc with Article J 10 of the o.igillal agrCCUlent, the COllnt). exercises its oPtion 10
renew the Agrccmenl for an additional 1'C.0I 11.e parties furthcr agroc 10 aUlend the second sentence of
Arlicle J 10. and Article 3.14.to read as follows
"J I 0 RENEW AL - 'nlC contract amount agreed to herelll nllght be adjusted annually in
accordance with the percentage change in the most recent Consumer Price Inde'\ for all urban consumers
(CPI-U) for the 1I10st recent 12 months availablt..
"J 14 PAYMENT -111e County shall pa~' to the Contractor for the performance of said service on
a per month in arrears basis on or before the JO'h da~ of the following month III each of twelve (12) months
The Contractor shall invoice thc County monthl~ for sewage trc..ltment plant operation and maintenance
PCrrO! mcd under the Specifications contained hercin. The Contract amount shall be as rollows:
A Monlhly operation and maintenance services _ $J47.81 per month,
[J Repairs (routine, prior approval required) -, Normal working hours of X.OO am. to 5:00 p,m,
Monday through Friday - $30,51 per hour,
C Emergency service call - Overtime rate for hours other than the normal \\-orking hours as stated in
Article 3.148, including holidays - $JO,.') I per hour.
D. Ilandllllg Fee for parts required ror operation. maintenance. repairs. and emergency service _ Cost +
1.')'Yo
E Handllllg Fcc for materials, chemicals. and repairs by subcontraclors Costf 15%,
F. Chlorine tablets - $<) 1.53 per forty (40) pound pail.
G. Sludge removal above and beyond the three (:l) per year included as regular mallltenancc _ Cost +
1.1 -" 'i';.
Payment lar repairs, emergency servlee eall. handling fee for paris. mall.:nals, chemicals, and
chlonne tablets shall not exceed $50H.50 per month"
2, Thc IeI'm of the rene\\ed agrccment \\-ill commence on August 15. 19<)<) and tenninatc on August
14. 2000,
3, In all other respects. the original agreement between the parties dated August 12, 1998, remains
in full force and eflcet
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. KOUIAGE. CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
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ECOSYSTEMA TICS. INC
Willlt:ss
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~p OVED AS To FOP1~
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SECTION TIlREE
c 0 l'l T R .~. C T
THIS AGREEMENT, made and entered into this 12th day of August,
1998 between Monroe County, Florida, party of the first part
(hereinafter sometimes called the "Owner"), and Ecosystematics,
Inc., party of the second part (hereinafter sometimes called the
"Contractor") .
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That the parties hereto, for the consideration hereinafter set
forth, mutually agree as follows:
3.01 SCOPE OF THE WORK
The Contractor shall furnish all material, labor, and
equipment to operate and maintain the Plantation Key
Government Complex Sewage Treatment Plant in accordance with
the Contract Specifications and his bid dated July 31, 1998,
each attached hereto and incorporated as part of this
contract document.
3.02 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the
Contractor is an independent contractor and not an employee
of the Board of County Commissioners for Monroe County. No
statement contained in this agreement shall be construed so
as to find the contractor or any of his/her employees,
contractors, s~rvants, or agents to be employees of the Board
of County Commissioners for Monroe County.
3.03 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on
the basis of race, creed, color, national origin, sex, age,
or any other characteristic or aspect which is not job
related, in its recruiting, hiring, promoting, terminating,
or any other area affecting employment under this agreement
or with the provision of services or goods under this
agreement,
3.04 ASSIGNl'1EN'I'
The Con tractor sha 1. I not. a~)s j <JlI l II i s agreemen l, except in
wri Ling and 'di lh Lh(:> prior 'dr it ((:'Il approval of the Board of
County Commissioners [or Monroe County and Contractor, which
apprOval shall be SUbject Lo such conditions and provisions
as the Board and Contractor may d('~em necessary. '1'his
agreement shall be incorporaled by reference into ally
d S S j q n m (' n t d n d d n y ass j 9 11(-' (> Shel.l] co III ply \-J i t h a I I 0 f l h C'
Sect 1011 I 1'.lge I
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provisions of this agreement. Unless expressly provided for
therein, such approval shall in no manner or event be deemed
to impose any obligation upon the Board in addition to the
total agreed-upon price of the services/goods of the contrac-
tor.
3.05 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. Apy 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.
3.06 INSURANCE
The CONTRACTOR will be responsible for all necessary
insurance coverage as indicated by an "X" on the at:tached
forms identified as INSCKLST 1-5, as further detailed on
forms GLl, VLl, WCl, GIRl; & GIR2, each attached hereto and
incorporated as part of this contract agreement.
3.07 HOLD HARMLESS
The CONTRACTOR shall defend, indemnify and hold harmless the
County as outlined on the attached form identified as TCS1,
attached hereto and incorporated as part of this contract
agreement.
3.08 TERM OF CONTRACT
This contract shall be for a period of one year, commencing
on August IS, 1998 and terminating on August 1~, 1999.
Services shall commence on the effective date of this
agreement.
3.09 CANCELLATION
A) The County may cancel this contract for cause with seven (7)
days notice to the Contractor. Cause shall consti tute a
breach of the obligations of th(~ Contractor to perform the
s(~rvices (>nurnelat(-~d as th(~ Contractor's obligations under this
cOlllI'dc\..
Il) Ei thel of the parties hen~\.() may cancel this agreement without
cause by giving the other pdr-t.y sixty (GO) days written notice
of its intention to do So.
'W\l 1011
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3.10 RENEWAL
The Owner shall have the option to renew this agreement after
the first year, and each Succeeding year, for four (4)
additional one year periods. The contract amount agreed
herein may be adjusted annually in accordance with the
percentage change in the Consumer Price Index (CPI) for Wage
Earners and Clerical Workers in the Miami, Florida area
index, and shall be based upon the annual average CPI
computation from January 1 through December 31 of the
previous year, or by the actual increase in cost and labor,
whichever is less. In~reases in the contract amount during
each oPtion year period shall be extended into the sucCeeding
years.
3.11 FUNDING AVAILABILITY
Notwithstanding anything contained elsewhere in this
contract, if funds for Facilities Maintenance Contractual
Services are partially reduced or cannot be obtained or
cannot be continued at level sufficient to allow for the
purchase of the services/goods specified herein, this
agreement may then be terminated immediately at the option of
the Board by written notice of termination delivered in
person or by mail to the contractor. The Board shall not be
obligated to pay for any services provided by the contractor
after the contractor has received written notice of
termination.
3.12 PROFESSIONAL RESPONSIBILITY
The Contractor warrants that it is authorized by law to
engage in the performance of the activities encompassed by
the project herein described, Subject to the terms and
conditions set forth in the Specification Manual dated
December 27, 1994, which is attached hereto an~ incorporated
herein as a part of this contract/agreement. The provider
shall at all times exercise independent, professional
judgment and shall assume prOfeSSional responSibility for the
services to be provided. Continued funding by the Board is
contingent upon retention of appropriate local, state, and/or
federal certification and/or licensure of contractor.
3.13 NOTICE REQUIREMENT
Any not. i U,' requ i r(~d or penni tted under thi s agreement shall
be' in WI i l. i IIg and hdlld del ivered or mailed, postage prepaid,
t.o the oIIIP!- part.y by certified mail, returned receipt
requesl.(~(j, to the following:
FOH COUNTY
lvlon roc> C( JlHl 1. Y Pu bJ j C Works
Fac i 1 j I. i l'~; Md i n Lena nee Dept.
3583 S. H( )()~-;e~ve~ 1 t Bou I ('va rd
Key WI'S I, 1'1. 33040
FOR CONTRAC'l'OH
Ecosystemat.ics, Inc.
203 Apache Slrc(:t
Tavernier, FL 3.1070
SCC(IO!l ~ f';lgc l
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3.14 PAYMENT
The County shall pay to the Contractor for the performance of
said service 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 Specifications contained herein. The Contract
amount shall be as stated in the contractor's proposal as
follows:
A. Monthly operation and m8intenance services _ $342.00 per
month.
B. Repairs (routine, prior approval required) _ Normal working
hours of 8:00 a.m. to 5:00 p.m. Monday through Friday _
$30.00 per hour.
C. Emergency service call - Overtime rate for hours other than
the normal working hours as stated in Article 3.14B,
including holidays - $30.00 per hour.
D. Handling Fee for parts required for operation, maintenance,
repairs, and emergency service - Cost + 15%.
E. Handling Fee for materials, chemicals, and repairs by
subcontractors - Cost + 15%.
F. Chlorine tablets - $90.00 per forty (40) pound pail.
G. Sludge removal above and beyond the three (3) per year
included as regular maintenance - Cost + 13.5%
Payment for repairs, emergency service call, handling fee for
parts, materials, chemicals, and chlorine tablets shall not
eXceed $500.00 per month.
SCC!IOII
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In witness whereof, the parties hereto have executed this agree-
ment the day and year first above written,
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At test :YQANNY L. KOLHAGE, Clerk
'\ .
"Q,~: ;QvJd~
Clerk
MONROE, STATE OF
ECOSYSTEMATICS, INC.
By ~ JJ(2
---
Attest:
I~{~
- or;?/-.7d2~d:\/~
~ WITNESS
/20~t JJ. 0/("./,\,...,
SCt'lIOIl; 1';lgl' ~