Item C14
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
August 16. 17.2000
Division:
Public Works
Bulk Item: Yes -L No
Department:
Facilities Maintenance
AGENDA ITEM WORDING: Approval of operation and maintenance contract renewal with Synagro
Southeast, Inc., for the sewage treatment plant, Marathon Government Center, and authori?..ation for
Mayor to execute same.
ITEM BACKGROUND: On August 31, 2000, the contract with Synagro Southeast, Inc. (fonnerly
AKH Water Management, Inc.,) will expire. Article 3.11 of the original contract stipulates an option to
renew. This plant services Monroe County Marathon Regional Center and State of Florida Building.
PREVIOUS RELEVANT BOCC ACTION: On August 11, 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 fonnal
corporate name change to Synagro Southeast, Inc., and on July 26, 2000 BOCC directed staff to negotiate
fees with Synagro Southeast, Inc. to be comparable to those fees charged at the Plantation Key
Government Complex. Synagro Southeast, Inc. rejected the county's proposal fee structure.
STAFF RECOMMENDATION: Same as noted above.
TOTAL COST: $6.075.72 O&M per year BUDGETED: Yes X NO
$6,162.00 not to exceed for repairs, parts, & chemicals.
Cost to County: Same Account #00120501530340
REVENUE PRODUCING: YES
NO l AMOUNT PER MONTH
YEAR
Item Prepared b .
OMBlPurchasing _ Risk Management
APPROVED BY:
DIVISION DIRECTOR APPROVAL:
i~~ Mainter~
c./;/ V ,~
;"Division Director
".
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DOCUMENTATION: Included -L To follow
Not required
AGENDA ITEM # 1.....(.., I~
DISPOSITION:
S~0t 6y: E~OSYST~~TICR INCi
1 JO~~::>'"::>tH,jf j
Aug-1L-VV l~.~~~M,
r'd~~ Cole
I SYNAcro
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VIA. FAX to ]M.19~~1611
Thurad&y, Augus, 10,2000
Monroe County Public Works Division
Ann: Mr. Carlos Zarate
Senior Direttur uf r lIdlilic,
3~H3 S. Roosevelt Bh'd..
Key West, FL 33040
RCiardinll: R":Jlewal of Marathon ConlJ'llCl
Dear Mr. Zarate,
Thi, letter lerves to memoriali/.e our conversation 1a&t week regarding the renewal of the
Marathon Contract for the operation and maintenance of the sewage lreatmCt1t plant
located 10 MaruthoD. The Monroc COWlty Public Works Division (-MCPWD") had
asked for a rate reduction in conjuRe,jun with the Icn(wal of the contliet.
synasro'l pollition is that the renewal 'erml are identified in the contract, which include~
II CPI price .Dcreuc, and we would e"peet the MCPWD to honor the tenns of the
contract, and ifR IRllociated renewllI provisions.
Synagro scrvieos Jn6DY wa5tCwater treatment plants t'or the MCPWD UTldcr milD)'
different contracts. SYllllgfO w()uld be interes,ed in negotiating one conlnlc( lo co\o'cr all
the Wlltcwatcr treatment plants owned by the MCPWD. which would supercede any and
an ))Fe-existing contr.~1.J.
If you have lS"y qUCfltions with the foregomg, or reql1ire anything else. plcBr.e do not
bellitate to call me. 1 can be reached Ilt 30~.8~2.S 103 (Office) or 305.522.4888 (Mobile).
Smcerely,
~C,1I1~1
PauJ C Healy
Office Manager
.'
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Cantract #
Cantract with:-.Sy!)(l,gm..s_olJlneast. Inc. Effective Date:
Expiratian Date:
09/0 l/QQ__
08 13 I 10 I
Cantract Purpase/Descriptian:
Operatian and Maintenance af the sewage treatment Rlant at Marathan Gavernm,enLCGD!<::r,
(Farmerly knawn as AKH Water Management. Inc.)
Cantract Manager
Ann Mytnik
(Name)
4431
(Ext. )
Facilities Maintenance
(Department)
for BOCC meeting an
July 26.27.2000
Agenda Deadline:
July 12. 2000
CONTRACT COSTS
Tatal Dallar Value afCantract: $ 12.237.72 Current Year Partian: $ 1.019.81
Budgeted? Yes ~ No. _ Accaunt Cades: 001 - 20501 - 530 - 340 -
Grant: $ N/A
Caunty Match: $ NI A
Estimated Ongaing Casts: $ NI A
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr Far:
(eg. maintenance, utilities, janitoriaL salaries. etc.)
Divisian Directar
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Yes No
J.J Jh/lliL ( ) (~
"0 iD/ (tJ ( ) (.-{
2/(o/tJ,j ( ) (0'(
1/J2!tZ) ( ) (
Date Out
County Attarney
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Risk Management
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Camments :
Ollll3 1'0011 J{""ised lliJU;95 !\lCI' III
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RENEWAL AGREEMENT
(Marathon Government Center Sewage Treatm,ent Plant Operation & Maintenance)
)l. PI vbJ5J
TI-lIS Renewal is made and entered into this ~ day of ~' 2000, between the COUNTY OF MONROE and
SYNAGRO SOUTHEAST, INC. (fonnerly known as AKH WATER MANAGEMENT, INC.), in order 10 renew the
agreement between the parties dclted August II. 1999, and Consented to Assi!:,'llmenl 011 April 19, 2000, (both of which are
incorporated hereto by reference), as follows:
I. In accordance with Article 3.11 of the original agreement, the County exercises its option to rencw the
Agreement for an additional year. The contract amount shall be adjusted in accordance with the
percentage change in the most recent Consumcr Price Index for all urban consumers (CPI-V) for thc most
recent 12 month available, as amended.
Article 3.15 P A YMENT- TIle County shall pay to the Contractor for the performance of said service on
a per plonth in arrears bases on or before the 30'10 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. TIle Contmetor shall invoice under the
parent corporation known as Synagro Southeast, Inc. The Contract amount shall be as follows:
A. Monthly operation and maintenance serviccs - $506.31 per month.
B. Repairs (routine, prior approval required) - Nonnal 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 other than the normal working hours as stated
in Article 3.14B, including holidays - $41.08 per hour.
D. Handling Fee for parts required for operation, maintenance, repairs. and emergency service -
Cost + 10%.
E. Handling Fee for materials, chemicals, and repairs by subcontractors - Cost + 10%.
F. Chlorine tablets - $81.75 per forty (40) pound pail.
Payment for repairs, emergency service call, handling fee for parts, materials. chemicals, ilnd
chlorine tablets shall not exceed $513.5 per month.
Sludge Removal (over and above the three (3) per year required as regular maintcnance) - Cost
+20%.
2. The term of the renewed agreement will commence on September 1, 2000, and terminate on August 31,
2001.
3. In all other respects, the original agreement bctween the parties dated August ll, 1999, rcmains 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:
Wilncss
Title
"
"
CONSENT TO ASSIGNMENT
This Consent to Assignment is entered into this /r;tJday of .l1-PC/1--...
2000, by and bdwe~n Monroe County, a political subdivision of the State of Florida,
hereafter COUtlty, and Synagro Southeast, Inc., hereafter Assignee, the parties agreeing
as follows:
1. The County contracted for opcratiotl and maintenance of a sewage
treatment plant with AKH Water Management, Inc., hereafter, Assignor, through an
agreement dated August 11, 1999, hereafter the original agreement. The original
agreement is attached and incorporated into this Consent to Assignment.
2. By a merger on February 4, 2000, with Synagro Technologies. Inc. which waS
renamed Synagro Southeast, Inc., the Assignor assigned to Assignee all the: Assignor's
rights, title and interest in the original agreement. The original agreement, paragraph
3.05 requires the conSent of the County before atl 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 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
,//~~~~Atate and fedel"OI certification and/or licet1sure.
( " ~.- ...,~
\, \s,:;~:'; D;NNY L. KOLHAGE. CLERK
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~
By ~-' ~/-
, DePuty Clerk
BOARD OF COUNlY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By cS~-R~
Mayor/Chairman
(SEAL)
Attest;
SY~AGRO SOUTHEAST, INC.
BY_~~ g2!t)
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J cryna9ro
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to
SECTION THREE
CON T R ACT
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THIS AGREEMENT, made and entered i n to/b~twee"; Monroe County,
Florida, party of the first part (hereinafter sometimes called the
"Owner"), and ARH WATER MANAGEMENT, INC., party of the second part
(hereinafter sometimes called the "Contractor").
h'--1-'Lli.l;:,.s. SI. ,S~
That the parties hereto, for the consideration hereinafter Set
forth, mutually agree as follows:
3.01 THE CONTRACT DOCUMEN'I'S
A. The Contract Documents consist of this Contract Agreement,
Instructions to Oidders, Contract SpeCifications, Department
of Envirohmental Protection Permit Number 0044-244341,
Non-Collusion Affidavit, Ethics Clause, Drug-Free
Workplace Form, the Insurance Documents (INSCRLST 1-4,
GLl, VLl, WCI, 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.
O. 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 addp.nda
4. Jnstructions to Bidders
5. )nsurance Documents
6. Non-Collusion Affidavit
7. Ethics Clause
8. Drug-Free Workplace Form
3.02 SCOPE OF TIfE WORK
The Contractor shall furnish all material, labor, and
equipment to opel'ate nnd mainlairl the Mnrnthon Government
Center Sewage Treatment Plant in accordance with the
Specification Manunl dated April, 1999 and his proposal dated
May 24" 1999, each a I tnched he re to and i nco rpora ted as pa rt:
of this contract dOcument.
3.03 INDEPENDENT CONTRACTOR
At all (i",,,,; and 'Or all purposes under this agreement Ihe
Contractor is an independent cont.ractor and not an employe"
of ':he noard of Coun' y Comm i ss ioners for Monroe C'lunty. No
1 I
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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 Chclracteristic or aspect which is not job
related, in its ",'cruil.ing, hiring, promoting, teminatin,).
or any Other ilrea '" I ecl.i ng employment under th is agn'ement
or with the prOvision of services or goods under this
agreement.
3.05 ASS IGNMENT AND SllflCON'I'HACT
The Contractor shill I not assign or subcontract this
agreement, excppt. 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 condition. and prOVisions as the Board and Contractor
may deem neces.aty. This paragraph shall be incorPOrated by,
reference into any aSSignment or subcontract, and any
assignee or SUbContractor shall comply with all of the
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 pursuanL La Lhis agreement,
Lhe c.ontractor shall abide by all statu tes, 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 staLutes,
ordinances, rules and regulations shall constitute a maLerl,,1
breach of Lhis agreement and shall enLitle the Board to
terminate this contract immediately upon delivery of written
notice of termination to the contractor.
3.07 INSlJRANCE
The CON'I'IlAC']'OR w ill I", res pons i b Ie [0 r a I 1 '''' ce % a r y
insurance COV,naqe ilS j ndicaLed by an "X" on the attached
forms identified as INSCKLST 1-4, as further detailed On
forms GLI, VI.I , Wel, r.IRI, & GIR2, each aLtached hereto and
incorpOrclt(~d as Pdrt of this contract agref.>ll1ent.
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4. _.
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3.00 HOLD HARMLESS
The CONTRACTOR shall defend, indemnify and hold harmless the
County as outlined on the attached form identified as TCSl,
attached hereto and incorporated as part of this contract
agreemen~.
3.09 TERM OF CONTRACT
1'h i s con! ract shall be for a per iod of one y(~()r, COlflnH~I1C i nq
on Sep\.(~mb0r I, 1999 and terminating on August 31, 2000.
This Contract Agreement is renewable in accordance with
Article 3.11.
3.10 CANr.F.LLATTON
Al 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 the Contractor to penorm the
services enumerated as the Contractor's obligations unoer this
contract. '.
0) 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.
J.ll RENEWAL
The Owner shall have the option to renew this agreement after
the first year, and each Succeeding year, for two additional
one year periods. The contract amount agreed to herein might
be adjusted annually in accordance with the percentage change
i n th~ Consumer Pr ice I ndex for all urban consumers (CP I -U)
for ihe 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 [or the
purchas(~ of the services/C)oods spbcified herein, thi~;
agr(~(~m(~nt mdy then be tel.-minated immediately at Lhe option of
the B()()nj by written notice of termination delivered in
person or by mail to the contractor. The Board shall not be
obI i ga l.<~d to pay for any se rv ices prov ided by Lhe Con \, l'ac tor
after the' contractor has received written notice of
term i na \ ion_
1.1
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3.)3 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 jlldqment and shall
assume professional responsibility for the s(~rvices 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. 14 NOTTCE REQUI REMEN'['
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 [or 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
price (as stated in the contractor's proposal) must be
invoiced as follows:
]. Monthly operat. ion and mainLeni1nce servic(~s
month. if
$ 4 9 J . 00 [)0 I"
2. Repairs (r.OuLin(~, prior approval requin~d) 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 rat.(~ fOI' hOIlI'~-; ot her'
thiln th0 normal WO'-hiTlq h()uI-~ as stat(~d in ^'-t.jcl(~ 3.14B,
including hOlidays - $40.00 per. hour.
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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 [arty (40) pound pail.
B. Payment for repairs, emergency scrv;cc call, handling [cc [or
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 1'his Contract js governed by the laws of the State 01
Florida. Venue [or any litigation arising under this
contract must be in Monroe County, Plorida. In the eVent of
any litigation, the prevailing party is entitled to
attorney's fees and costs.
In witness Whereof, the parties hereto have exeeute~ this agree-
ment the day and year first above written,
/~~
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( ',<=.:~<. ;'.~'::\; .". :.';
~ Attest: DANNY L. KOLHAGE,
\.~/.: ~
('~LK
COUNTY OF MONROE, STATE OF
FLORIDA
~~~-__~-.Lu
By ~ _\:'
Mayor/Chairman
Clerk
t:> .c.. .
AKll WNl'EH MANAGEMENT, I NC.
^IL~ J!lIct:e~
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By <<4(?r~?cLl~!:!!J//.?~._
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