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Item C41 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 26. 27. 2000 Division: Public Works Bulk Item: Ycs .---X.- No Department: Facilities Maintenance AGENDA ITEM WORDING: Approval of contract renewal with Synagro Southeast, Inc., (formerly AKH Water Management, Inc.) for the operation and maintenancc of the sewage treatment plant at the Marathon Government Center, and authorization for Mayor to execute same. ITEM BACKGROUND: On August 31, 2000, the contract with Synagro Southeast, Inc. (formerly AKH Water Management, Inc.,) will expire. Article 3.11 of the original contract stipulates an option to renew. PREVIOUS RELEVANT BOCC ACTION: On August II, 1999, BOCC granted approval ofa contract with AKH Water Management, Inc. for operation and maintenance of the Marathon Government Center Sewage Treatment Plant. On April 19, 2000, BOCC approved contract assignment and a formal corporate name change to Synagro Southeast, Inc. STAFF RECOMMENDATION: Same as noted above. TOTAL COST: $6.075.72 O&M per year BUDGETED: Yes X NO $6,162.00 NTE Repairs, Parts, Chemicals Account #00120501 530340 Cost to County: Same REVENUE PRODUCING: YES NO l AMOUNT PER MONTH YEAR APPROVED BY: OMBlPurchasing _ Risk Management &"7.~6~ rate, Sr. Director, Public Facilities Maintenance DMSIONDIRECTORAPPROVAL: t:~z./~~ JIII/O() Dent Pierce, Division Director DOCUMENTATION: Included ~ To follow Not required AGENDA ITEM'~' DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Synagro Southeast. Inc. Effective Date: Expiration Date: 09/01/00 08 13 1 101 Contract PurposelDescription: Operation and Maintenance of the sewage treatment plant at Marathon Government Center. (Formerly known as AKH Water Management. Inc.) 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: $ 12.237.72 Current Year Portion: $ 1.019.81 Budgeted? Yes.lL- No _ Account Codes: 001 - 20501 - 530 - 340 - Grant: $ NIA County Match: $ NI A Estimated Ongoing Costs: $ NI A (Not included in dollar value above) ADDITIONAL COSTS Iyr For: (eg. maintenance, utilities, janitorial, salaries, etc.) Division Director CONTRACT REVIEW Changes Date In Needed Reviewer Yes No .1J JbJillL ( ) (=r: 'UiD/{tJ( ) (0 2/ /0/00 ( ) (&1< Z!J1d~ ( ) ( Date Out Risk Management 21?B./PUr~g County Attorney r:Ld)- / ()D D {O/ e'0 r;/ /1 tJ-v --- r ?- /12 ~ Comments: O~ll3 F'J1I11 R<\is.:,lll '.10 95 ~ICI' /:2 RENEWAL AGREEMENT (Marathon Government Center Sewage Treatment 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. (formerly known as AKH WATER MANAGEMENT, INC.), in order to renew the agreement between the parties dated August 11, 1999, and Consented to Assignment on April 19, 2000, (both of which are incorporated hereto by reference), as follows: I. In accordance with Article 3.1 I 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, 15 PAYMENT - The County shall pay to the Contractor for the performance of said scrvice 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 shall invoice the County monthly for sewage treatment plant operation and maintenance performed under the Specifications contained herein. The Contmctor shall invoice under the parent corporation known as Synagro Southeast, Inc. The Contract amount shall be as follows: A. Monthly operation and maintenance services - $506.3 I per month. B. Repairs (routine, prior approval required) - Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday - $41.08 per hour. C. Emergency service call - Overtime rate for hours othcr than thc normal working hours as statcd in Article 3.l4B, including holidays - $41.08 per hour. D. Handling Fee for parts required for operation, maintenance, repairs, and emergency scrvice - Cost + 10%. E. Handling Fee for materials, chemicals, and repairs by subcontractors - Cost + IO%. F. Chlorine tablets - $81.75 per forty (40) pound pail. Payment for repairs, emergency service call, handling fee for parts, matcrials, chemicals, and chlorine tablets shall not exceed $5 I3.5 per month. Sludge Removal (over and above the threc (3) per year required as regular maintenance) - Cost +20%. 2. The term of the renewed agreement will commence on September 1, 2000, and terminatc on August 31, 2001. 3. ln all other respects, the original agreement between the parties dated August 11, 1999, 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 A APPROVED AS TO FORM B Title , -, .' CONSENT TO ASSIGNMENT This Consent to Assignm~t is entered into this /? dday of J}P(2J J-."... 2000. by and between Monroe County, a political subdivision of the. State of Florida, hereafter County, and Synogro Southeast, Inc., hereafter Assignee. the parties agreeing as follows: 1. The County contracted for operation and maintenance of a sewage treatment plant with AKH Water Managementf Inc., hereafter, Assignor, through an agreement dated August 11, 1999, hereafter the original agrument. The original agreement is attached and incorporated into this Consent to Assignment. 2. Bya merger on February 4, 2000, with Synogro Technologies, Inc. which was renamed Synagro Southeast, Inc., the Assignor assigned to Assignee all the Assignor's rights, title and in.terest in the original agreement. The original agreement, paragraph 3.05 requires the conSent of the County before an assignment is effective against 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 P<1Y 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 /~~~Atate and federal certification and/or licetlsure. (' ." ", f' '<, ,""":.\', ' ""': ~., .' " . . . . ., t '~~,tL1;':~AtNY L KOLHAGE. CLERK ~'\~~..~.., :".,.", ~ .~ By - ~/- MPuty Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNlY, FLORIDA By cS'~~~ Mayor/Chairman (SEAL) Attest; SYf'iAGRO SOUTHEAST, INC. BY_~~ $2!r) 8y~7-~ , JC~9ro 'r:;: ' \ " r.." \~'.' . I t. " SECTION THREE CON T R ACT "- ... ----- ~'l/II ~)/, /: ';1 THIS AGREEMENT, made and entered into/between Monroe County, Florida, party of the first part (hereinafter sometimes called the "Owner"), and AKH WATER MANAGEMENT, INC., party of the second part (hereinafter sometimes called the "Contractor"). WIT N E S _..s..,~~,;., That the parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 3.01 THE CONTRACT DOCUMENTS A. The Contract Documents consist of this Contract Agreement, Instructions to Bidders, Contract Specifications, Department of Environmental Protection Permit Number 0044-244341, Non-Collusion Affidavit, Ethics Clause, Drug-Free Workplace Form, the Insurance Documents (INSCKLST 1-4, GLI, VLl, WCl, GIRl, GIR2). These form the ' Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. B. In cases of conflict within the described Contract Documents in Article 3.01A of this Contract Agreement, the order of precedence shall be as follows: 1. Florida Department of Environmental Protection Permit #0044-244341 2. This Contract Agreement 3. ~ontract Specifications with all/any addenda 4. Instructions to Bidders 5. Insurance Documents 6. Non-Cpllusion Affidavit 7. Ethics Clause 8. Drug-Free Workplace Form 3.02 SCOPE OF THE WORK The Contractor shall furnish all material, labor, and equipment to operate and maintairl the Marathon Government Center Sewage Treatment Plant in accordance with the Specification Manual dated April, 1999 and his proposal dated May 24, 1999, each attached hereto and incorporated as part of this contract document. 3.03 INDEPENDENT CONTRACTOR At all limes and (or all purposes under this agreement the Contractor is an independent contractor and not an employee of the Board of County Commissioners for Monro(~ County. No 11 (" statement contained in this agreement shall be construed so as to find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.04 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. 3.05 ASSIGNMENT AND SUBCONTRACT The Contractor shal I not assign or subcontract this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be Subject to such conditions and provisions as the Board and Contractor may deem necessary. This paragraph shall be in~orporated by~ reference into any assignment or subcontract, and any assignee or subcontractor shall comply with all of t_he 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. 3.06 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. 3.07 INSURANCE The CONTRACTOR wi I I be responsible for all necessary insurance Coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms GLl, Vl,I, Wel, GIRl, & GIR2, each attached hereto dnd incorpOrated as part of this contract agreement. ~-2 '--'1' ':;: " ~,h (i.', t 3.08 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. 3.09 TERM OF CONTRACT This contract shall be [or a period of one year, commencing on September I, 1999 and terminating on August 31, 2000. This Contract Agreement is renewable in accordance with Article 3.11. 3,10 CANCELLATION A) The County may cancel this contract for cause with seven (7) days notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to perform the services enumerated as the Contractor's obligations under this , . contract. B) Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. 3.11 RENEWAL The Owner shall have the option to renew this agreement after the first year, and each succeeding year, [or two additional one year periods. The contract amount agreed to herein might be adj~sted annually in accordance with the percentage change in the Consumer Price I ndex for a 11 urban consumers (CP I -U) for the most recent twelve months available. 3.12 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 sphcified 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. 1 \ \ :. c 3.13 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 April,. 1999, which is attached hereto and incorporated herein as a part of this contract/agreement. The Contractor 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. l4 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 Public Works Facilities Maintenance Department 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR AKH Water Management, Inc. P.O. Box 510205 Key Colony Beach~ FL 33051-0205 The notice will be considered received by a party two (2) days after its receipt by the postal authorities of the U.S. for delivery to either address listed in the article. 3.15 PAYMENT A. 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,Df 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 price (as stated in the contractor's proposal) must be invoiced as follows: 1. Monthly operation and mainten.:lnce services - $493.00 'Per month. 2. Repairs (routine, prior approval required) - Normal working hours of 0:00 a.m. to 5:00 p.m. Monday through Friday - $40.00 per hour. 3. Emergency service call - Overtime rate for hours other than the normal working hours as stated in Article 3.148, including holidays - $~O.OO per hour. 1..1 -77::.'., ~..~~.l ; (, J 4. Handling Fee for parts required for operation, maintenance, repairs, and emergency service - Cost + 10%. 5. Handling Fee for materials, chemicals, and repairs by subcontractors - Cost + 10%. 6. Chlorine tablets - $79.60 per forty (40) pound pail. 8. Payment for repairs, emergency service call, handling fee for parts, materials, chemicals, and chlorine tablets shall not exceed $500.00 per month. C. Sludge Removal (over and above the three (3) per year required as regular maintenance. Cost + 20%. 3.16 This Contract is governed by the laws of the State of Florida. Venue for any litigation arising under this contract must be in Monroe County, Florida. In the event of any litig~tion, the prevailing party is entitled to attorney's fees and costs. In witness whereof, the parties hereto have executed, this agree- . ment the day and year first above written, ./~~ /~', :.,,~~:~~:'.':\t\ ( <~.~\ /:\,. ! .', ; V Attest: DANNY L. KOLHAGE, \,~/; ~ C~rk COUNTY OF MONROE, STATE OF FLORIDA . - ~~ BY~~-\ Mayor/Chairman Clerk ~.c.. . AKH WATER MANAGEMENT, INC. By t7.-0:a:r?:!?!~ ~ij~?t? " 4 WI~~~ <-)t \ ~-f-.. _'_~" .~. ,_~,//;,_ -~- J~ "----___. wr NESS ----- 1-<;