Item C11BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 21, 22, 2001 Division: Public Works
Bulk Item: Yes X No Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval of a Renewal Agreement with Synagro SouthM Inc. for the
Operation and Maintenance Service Contract for the Wastewater Treatment Facility at the Monroe County
Detention Center, and to adjust each cost by the percentage change in the Consumer Price Index for all
urban consumers (CPI-U) for the most recent 12 months available.
ITEM BACKGROUND: Our current contract with Synagro Southeast, Inc. expires March 19, 2001.
Article 12 of the original contract dated February 20 1997 stipulates one last option to renew. The CPI-U
increase for this final renewal was determined by the Office of Management & Budget at 3.4%.
PREVIOUS RELEVANT BOCC ACTION: On February 20, 1997, BOCC awarded bid and entered
into a contract with Davis Water Analysis, Inc. for the operation and maintenance of the wastewater
treatment facility at the Monroe County Detention Center. On December 10, 1997 BOCC exercised the
first of four options to renew the contract with Davis Water Analysis. On January 13, 1999 BOCC
exercised the second of four options to renew the contract, and on January 19, 2000, BOCC exercised the
third of four options to renew the contract. On April 19, 2000 BOCC approved a Consent to Assignment
and the formal corporate name change from Davis Water Analysis, Inc. to Synagro Southeast, Inc.
STAFF RECOMMENDATION: Approval as stated above.
TOTAL COST: $158,098.68 per year BUDGETED: Yes X NO
$1,527.00 Nitrogen & Phosphorus Account #101-20505-530-340
$36.19 per ton, Sludge Removal
Cost to County: Same as Above
REVENUE PRODUCING: YES NO X AMOUNT PER MONTH YEAR
APPROVED BY:
OMB/Purchasing Risk Management
Item Prepared •O
Carlos r. Director, Public Facili ' ntenance
DIVISION DIRECTOR APPROVAL:
Dent Pierce, Division Director
DOCUMENTATION: Included X To follow Not required
DISPOSITION: AGENDA ITEM #
SUMMARY OF CHANGES FOR EXISTING CONTRACT
(Operation and Maintenance of the Wastewater Treatment Facility at the Monroe County
Detention Center — Synagro Southeast, Inc.)
• Exercising the final option to renew contract for an additional year commencing March 20,
2001, and terminating March 19, 2002.
• Amending the Consumer Price Index statement to read according to Monroe County
Purchasing Policy, Chapter 6, Paragraph C — "The contract/agreement amount agreed to
herein might be adjusted annually in accordance with the percentage change'in the Consumer
Price Index for all urban consumers (CPI-U) for the most recent 12 months available."
• Increasing payment for the operation and maintenance to Synagro Southeast by the CPI-U of
3.4% available at November 30, 2000, from $12,741.67 per month to $13,174.89 per month.
• Including monthly nitrogen and phosphorus testing as part of contractual liability, and
increasing cost by the CPI-U of 3.4%, from $123.07 per month to $127.25 per month.
• Including sludge removal as part of contractual liability and increasing cost by the CPI-U of
3.4%, from $35.00 per ton to $36.19 per ton.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: Synagro Southeast, Inc. Effective Date: 03 /20 /01
Expiration Date: 03 /19 /02
Contract Purpose/Description:
Operation and Maintenance of the wastewater treatment facility at the Monroe County Detention
Facility.
Contract Manager Ann Mytnik 4431 Facilities Maintenance
(Name) (Ext.) (Department)
for BOCC meeting on 01/17, 18/01 Agenda Deadline: 01/03/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 160 000.00 app. Current Year Portion: $93.333.33
Budgeted? Yes X No Account Codes: 101 - 20505 - 530 - 340 -
Grant: $ N/A '
County Match: $ N/A - -
ADDITIONAf, COSTS
Estimated Ongoing Costs: $ N/A For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed Reviewer
Date Out
Division Director
Yes No
t
Risk anaglt
ZB./Purng
County Attorney
! z/?9/o0 () ( a • wL �
P-12 (/ Uv
Ll --17 l ✓/
f? /2°(/oaa
Comments: H CQ-A
- �
OMB Form Revised 8/30/95 MCP #2
RENEWAL AGREEMENT
(Operation and Maintenance Service Contract for the
Wastewater Treatment Facility at Monroe County Detention Center)
THIS RENEWAL AGREEMENT is made and entered into this 170, day of January 2001,
between the COUNTY OF MONROE and SYNAGRO SOUTHEAST, INC. in order to renew
the original agreement between the parties dated February 20, 1997, as renewed on December
10, 1997, as renewed on January 13, 1999, as renewed on January 19, 2000 and Consented to
Assignment on April 19, 2000 (copies of which are incorporated hereto by reference); as
follows:
1. In accordance with Article 12 of the original agreement dated February 20, 1997, the
County exercises its final option to renew for an additional year.
2. Article 12, second sentence shall read as follows:
The contract/agreement amount agreed to herein might be adjusted annually in
accordance with the percentage change in the Consumer Price Index for all urban
consumers (CPI-U) for the most recent 12 months available.
3. Payment by the County to Synagro Southeast, Inc. increases by 3.4% (CPI-U as of
November 30, 2000), from $12,741.67 per month to $13,174.89 per month. Bi-weekly
Nitrogen and Phosphorus increases from $123.07 to $127.25 per month, and sludge
removal increases from $35.00 per ton to $36.19 per ton.
4. The term of the renewed agreement will commence on March 20, 2001, and terminates
on March 19, 2002.
5. In all other respects, the February 20, 1997 agreement between the parties 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
By:
Deputy Clerk
Witness
Witness
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
SYNAGRO SOUTHEAST, INC.
M
APPROVED AS TO FORM Title
AND GAL S
BY loft
R N. WO
DATE Z
,..., Uje_jU'-j,, May-15-00 1:27PM; P89e`'2
GY)l 15F)VT TO AS5r6NMENT
This Consent to Assignment is entered into this day of �-
2000, by and between Monroe County, a political subdivision of the State of Florida,
hereafter County, and Synagro Southeast, Inc., hereafter Assignee, the, parties agreeing
as follows:
1. The County contracted for operation and maintenance of a sewage
treatment plant with Davis Water Analysis, Inc., hereafter Assignor, through an
agreement dated February 20, 1997, 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 5outheast, Inc., the Assignor assigned to Assignee all the Assignor's
rights, title and interest in the original agreement. The original agreement, paragraph 4(a)
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 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
appr"oprinte-.stcite and federal certification and/or Iicensure.
(SEAL) BOARD OF COUNTY COMMISSIONER5
ATTEST: DANNY L. KOLHAGE, CLERK OF III► ONROE COUNTY, FLORIDA
y By
puty Clerk Mayor/Chairman
(SCAL)
Attes;:
By...
jcaynagro 4ANAL
AS TO FO
SUMC1E N
OATe
3
SYNAGRO 5OUTHEA5T,INC.
NT
(Operation and MaRntenanCeGgerviEce Contract for the
Wastewater Treatment Facility at Monroe County Detention Center)
THIS RENEWAL AGREEMENT is made and entered into this
19th day of January, 2000, between the COUNTY OF MONROE and DAVIS
WATER ANALYSIS, INC. in order to renew the original agreement
between the parties dated February 20th, 1997,as renewed on
December 10"', 1997,as renewed on January 13, 1999 (a copy of
which is incorporated hereto by reference); as follows:
1- In accordance with Article 12 of Section 00030 of the
f-C'bl-nary 20, 1997 agreement, the County exerci.,(,'- its option to
ren�va that: Agreement for an additional year.
2. Payment by the County to Davis Water Analysis, Inc. for
the :-;elv:ices provided remains at $152,900.04 per year.
3. The term of the renewed agreement- will commence on March
20, 2000 and terminate on March 19, 2001.
4. In all other respects, including the amount of
compensation due to Davis Water Analysis, Inc. the February 20,
1997 agreement between the parties remains in full force and
effect.
IN WITNESS WHEREOF, the parties have hereunto set
their_ hands and seal, the day and year first trr� rr �I� abo
(Seal) j
Attest: DANNY L
KOLRAGE, CLERK
B y
eputy Clerk
Wi tnes ,
WiLness -
ve.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
DAVIS WATER ANALYSIS, INC.
B y :�
A P1'Ro1`ED AS T
GA FC?M
ROBERT N
DArt l'�
RENEWAL AGREEMENT
(Operation and Maintenance Service Contract for the
Wastewater Treatment Facility at Monroe County Detention Center)
THIS RENEWAL AGREEMENT is made and entered into
this 13th day of January, 1999, between the COUNTY OF MONROE and
DAVIS WATER ANALYSIS, INC. in order to renew the original
agreement between the parties dated February 20th, 1997, as
renewed on December 10th, 1997 (a copy of which is incorporated
hereto by reference); as follows: W
1. In accordance with Article 12 of Section 00030 of the
February 20, 1997 agreement, the County exercises its option to
renew that Agreement for an additional year.
2. Payment by the County to Davis Water Analysis, Inc. for
the services provided remains at $152,900.04 per year.
3. The term of the renewed agreement will commence on March
20, 1999 and terminate on March 19, 2000.
4. In all other respects, including the amount of
.compensation due to Davis Water Analysis, Inc. the February 20,
1997 original agreement between the parties as renewed on
December 10, 1997 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
(Seal) !! -a.
APPROVED AS TO FORM
AN LEGAL SUFFI IE1.1C.Y.
Attest: DANNY L. KOLHAGE, CLERK e.
R08ERT N.
By : DATE
V Depth Cl6q3c—
DAVIS WATER ANALYSIS, INC.
,.-rm
i
V
L-j
RENEWAL AGREEMENT
(Operation and Maintenance Service Contract for the
Wastewater Treatment Facility at Monroe County Detention Center)
THIS RENEWAL AGREEMENT is made and entered into
this 10th day of December, 1997, between the COUNTY OF MONROE and
DAVIS WATER ANALYSIS, INC. in order to renew the agreement
between the parties dated February 20th, 1997, (a copy of which
is incorporated hereto by reference); as follows:
1. In accordance with Article 12 of Section 00030 of the
February 20, 1997 agreement, the County exercises its option to
renew that Agreement for an additional year.
2. Payment by the County to Davis Water Analysis, Inc. for
the services provided remains at $152,900.04 per year.
3. The term of the renewed agreement will commence on March
20, 1998 and terminate on.March 19, 1999.
4. In all other respects, including the amount of
compensation due to Davis Water Analysis, Inc. the _February 20,
1997 agreement between the parties remains in full force and
effect.
IN WITNESS WHEREOF, the parties
their hands and seal, the day and year first
(Seal)
Attest: DANNY L. KOLHAGE, CLERK
By: G
Deputy Clerk
Witness
Witness
have hereunto set
written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
DAVIS WATER ANALYSIS, INC.
By:
dae-
APPROVED AS TO FORM
AN LEGAL
R BERT N. E
DATE // - Z '�
--�•. ur' N�KEEMENT
This agreement is
set forth as of the 20th day of February in
year 1997, between THE OWNERCOMMIS-
SIONERS OF MONROE COUNTY FLORIDA''AND THE FOLLOWING CON the
TRACTOR:
NAME: DAVIS WATER ANALYSIS, INC.
ADDRESS:
PHONE:
t
for the purpose of
Contract DOcilments
P•O. Box 2S84
Key West, F'1. 33045
305-296-3826
performing all of the work r]
for the followlnq Project: egt,red by the
OPERATION AND MAINTENANCE OF THI; MONROE COUNTY DETENTION CENTER
WASTEWATER TREATMENT FACILITY
5501 COLLEGE ROAD
KEY WEST, FL. 33040
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS •
as the OWNER
referred to RS, who are hereafter,
and who assumes all duties and
bilities onsl-
and has
In the Bid the rights and authority assigned to theOWNER
Documents in connection with completion of
accothe Work in
rdance with the Contract Documents. p
THE ANf) THE -CONTRACTOR
AGREE AS SET FORTH AS FOI.LO W(,
ARTICLE 1 - T'Hi? CONTRACT DOCUMENTS
a) The Coat -Tact Documents
consist
No. 1, the Request for of this
Statement Bids, the Form
Agreement, Addendum
of
on Public Entitythe
vit, the Insurance Documents Crimes, the
Agreement Sworn
Non -Collusion
roe Count the Sworn Statement
Y Ordinance
Affida-
under
k 10-1990, the
Form , I: DIsP Permit,
Theseand the Scope
Drug -Free Work PMon-
lace
of Work
form the Contract, and al.l
Contract
and
are as
as if attached to thI s Agreement
fu11SC,ecifications.
Y �' the
ntarhe�c
1;i } I r, c .tr;c•
or reheat ]
rit '-onf 1 1 ct. w
in At ]r I ]thIn the described
1 of I c�I m
ci�'��t'�'
Cont.riwl 1)"cun,c:r,t =,
O1 Agreement
•tl,rt 1 I 1.x> a s f o l l o w s:
, the O rcic•i of prece-
I rl, l Ac r e
3 c.lnellt
li, cjd i nc1 UOcurnen t :; w i t 1, a l l /ay addend(I
l r, t
{ , nons to 13] cici�.,r
I t q IJ(.s
t 1=s.; for R]cis;
(-t'tent. Of f;nvironmentai I'rOt_<• i Ici„
.The CONTRACTOR shall
tract Documents perform all the Work required b
tions: for the following scope Y the Con-
p of work and specifica-
The Scope of Work shall include, but riot be limited
complete -maintenance and operation of the MONROE COUNTY
ISLAND DETENTION the
CENTER WASTEWATER TREATMENT FACILITYTOas
outlined in the Request for Bids and the FDEP Permit.
as
ARTICLE 3 - ASSURANCE AGAINST DISCRIMINATION
The CONTRACTOR shall
the of race, not discriminate against an w
other characteristic color, national origin, sex Y person r the
t ecrui t1ng, hI i— - °r aspect whi cl] i s not age, or any
g, Promoting, terminaIInc fob related, in its
affecting emp1oynuen1
of services or good,; underunder
thier
this dcmej,t'ent. Or with ythetprovisionarea
ARTICLE 4 - ASSIGNMENT
a) The CONTRACTOR shall not
writing and assign this agreement, except in
CONTRACTOR with the prior written approval of the OWNS
which approval shall be subr'ect R and
tions and provisions to such
sary. This agreement shall be OWNER and CONTRACTOR deem necescondi-
p neces- any assignment. and any assignee shall complyy reference into
Provisions of this agreement with all of
therein, such Unless expressly
the
approval shall in no manner oryeventvbdedeemed
to impose any obligation u
n Pon the OWNER in addition
TOR. price of the services/goods of the CONTRAto �e
total agreed-upo
b) CONTRACTOR shall not employ an
Other person or- Y Subcontractor, Supplier
OWNER) whether Initially
as (including those acceptable or
OWNER Y or as a substitute, against to
may have reasonable objection. g whom
required to employ CONTRACTOR shall not be
son or g Y any Subcontractor, Supplier or
or anization to furnish to other WoC-
against whom CONTRACTOR has reasonable objecctionny °f the Work
ARTICI_,E 5 - COMPLIANCE WITH LAW
lrl TIRA(-icil.rty all >c°rvl, nt
CON'I'I�ACTUI� sha ] 1
pursuant to this agreeme
1 ('gUlaL]011's )� by al 1 it:2di 1JL('i C)I d]Ila11C�'S 1-UIC<,
I1<� 1.<) or [ ('gl.1l :11. 1 Il( al'ld
s('rv]ces, ]nclu<y]n( 3 Lhe provIsIorrs of
Any v l of a t. loll of ] t lluS now l.n ef. f ect. and her e such
�.<lr(r �:L:+tul:c��_; inaft:er adupt.ed.
!3ha1 1 cc)rlst.l l:tlt.e ordlnanc-rs; rule!i and regtll�it:lorls
(.111 11.1c� ;1 11'`lter lal k)reach of tills agreement
tll( OWNI?l� t ) 101 MJnate andsteal l
(]('l1vc-[y ofwrtltr�ll II„1 Lil]S i'clntril<�1 lmmed]aLe] 1 < ( of I 1 m] nat 1 On tO I h( ) u1.1O11
C ONTRAC l OP
a) CONTRACTOR shall provide competent Suitably personnel toorm � � Y qualified
Documents. CONTRACTOR shall at 811 timesuired mainntal the Kork as reythe Contract
plane and -order at the site. Except in connect.iongoWd disci -
safety or protection of P with the
the site or adjacent thereto Peandnex�eptthe
asWork
otherwiseop
Indicat-
ed in the Contract Documents.
b) All materials and equipment shall be of
good quality and
new, except as otherwise
If required b Provided in the Contract Documents.
Y the OWNER, CONTRACTOR shall furnish satisfacto-
rY evidence (including reports of required tes
kind and quality of ts) as to the
materials and equipment.
es will be submitted to '-lathe Original invoic-
m��t_erials and e E OWNER for reimbursement. All
qua�mcnt shell be applied, installed
th , with connect-
erecte, dused, and conditioned in <' I nstruction , accordance of tho applicable Supplier
wls,c provided in thr Corltra�=t Documents except as other-
c) The OWNER is tax exempt and reserves directly various the right to purchase
Of the CONTRACT. materials and equipment that ma
If the OWNER elects to make a Y be a part
Purchase, the Director of Facilities MalhtenancParticular
Works Division, will act as a Public
ER. ent
The OWNER will, via apPurchasegCogtractfor the OWN -
materials and equipment, and the Contractor shall passiste the
Director of Facilities; the
the preparation of these PurIntenance, Public Works Division in
d) Independent Contractor Status and Compliance with the
Immigration Reform and Control Act of 1986.
At all times and for
CONTRACTOR is the OWNER. an all purposes under this agreement: the
Put-Poses
contractor and not an employee
be Ng
o statement contained in this agree shall
construed so as to find the CONTRACTOR Or any of his/her
her
employees, contractors, servants, or agents to be employees
bl the OWNER. The CONTRACTOR acknowledges that it is repponsiS
ble for complying with the
Reform end Control Act of 1986, provisions of the Immigration
1324, located at 8 U.S.C. Section
comply with
Seq., and regulations relating thereto. Failure to
p Y w].th the above pr'ov]slons of this contract shall
con ,Ldc�red a rnaCe°ria] l,rcaclr and shall be grounds; for imrnedthc
ate terminat:]on of t'he contract_
t)trc�ct0r of Fac]11LIes, an
Mltenar"rCc,,
fi"r kS Divls]on to Sha l ] function as Contract. Manager, who
t:�c� r c��,l�cri;s ] I�] c� for c:�n1 sir ��
t f .'ic'1. tc?1 Iti'-, ov(c orrc9] L ] ur)sS serve asIng c'l iacroanwi tlrorfrc the
contrae
t.c,r rrnd <�i.>I,; c�vc i ] 1 ]nvc�tcos [_,riot to payment:
1 •
g) CONTRACTOR shall be responsible for Initiating,
Ing and supervising all safety maintain
connection with Precautions and programs
the Work. �CONTRRCTOR shall take in
sary precautions for the safety of, and shall all neces-
necessary protection to prevent damage, incur or provide the
Y loss to:
7 1• all employees on the Work and other organizations who ma Persons and
7 2• all '1Work Y be affected thereby;
and materials and equipment to be
Incorporated therein, whether in storage on or
Off the site; and
7.3• other- property at the site or adjacent thereto,
incuding trees, shrubs, lawns, walks, pavements,
Ways,structures, utilities and underground"' COad-
not designated for removal, relocationorreplacementIntl1e course of construction.
b) CONTRA('TUI; comply with all applicable Laws and
safety
ally Public body having Jurlsdictiorr for the
of Per sons or Property or to protect
Injury or- loss• and shall erect and maintaiall
therom damage,
Protection.
safeguards for- such safety and necessary
c) Since the facility's tanks, electrical lines, water and waste
lines al-e installed partially or totally
CONTRACTOR shall notify owners of adjacent underground, the
underground facilities and utility owners whenProsecertyution
and of
the Work may affect them, and shall cooperate w1thecution of
the protection, removal, relocation and replacement ofetheir
m In
Property- All- damage, injury or loss to an
ly or_indirectly, in whole or r Y Property, direct -
subcontractor, supplierPart, by CONTRACTOR, any
directly or IndiretlyemployedOF nbyoahyrof them to organization
furnish an perform or
may be liable,oshall berk or remediedone for whose by CONTRACTORa(ex e
Y of them
or loss attributable (except damage
anyone employed b to the acts or omissions of OWNER or
attributable, y OWNER whose acts may be liable, and not
the fault or negligence of CONTRACTOR) or Indirectly, in whole or in Part, to
d) CONTRACTOR small designate a responsible representative the site whose duty shall be the P at
This per sore sl,ai ] be Prevention of accidents.
wise dc. ;1 CONTRACTOR's superintendent unless ot:hc,r-
3n<j wr 1 1.1 nq by CONTRACTOR to OWNER .
11
In emergencies affecting the safety or protection of persons
the Work or property at the site,' -or adjacent thereto, Or*
without without special instruction or authorization from OWNER, is obil-
gated to act to prevent threatened damage, injury or loss.
TRACTOR shall -give OWNER prompt written notice if CONTRACTOR
believes that any significant changes in the Work or variations
from the Contract Documents have been caused thereby.
ARTICLE 9 - SUSPENSION OF WORK AND TERMINATION
I
OWNER may terminate upon the occurrence of any one or
more of the following events:
9 1 if CONTRACTOR commences a voluntary case under any
chapter of the Bar])cruptcy Code (Titl(? I United States
Code), as now or Il(-reafter i.n effect, or if CONTRACTOR
takes any equivalent or tion similar action by filing a peti-
or otherwise under any other federal
in effect at such time or state law
insolvency; urelating to the bankruptcy or
9.2• if a petition is filed against CONTRACTOR under any
chapter of the Bankruptcy Code as now or hereafter in
effect at the time of filing, or if a petition is filed
seeking any such equivalent or similar relief against
CONTRACTOR under any other federal feet at or state law in ef-
the time relating to bankruptcy or insolvency;
9.3. if CONTRACTOR makes a general assignment for the
benefit of creditors;
9.4. if a trustee, receiver, custodian, or agent of.
CONTRACTOR is appointed under applicable law or under
contract, whose appointment or authority to take charge
Of property of CONTRACTOR is for the purpose of enforc-
ing a lien against such property or for the purpose of
general administration of such property for the benefit
Of CONTRACTOR's creditors;
9.5. if CONTRACTOR admits in writing an inability to pa
Its debts generall Y
Y a<- the become due;
9-( if CONTRAC'I'C)R per.slstentl.y fails to perforru ill(,.
Work ing In
accordance, with the Contract DocumenLs (includ
but not. 1.imIted to, failure to Supply Sufficient
Ski ] led wr�r keys or Sul table mater Jai or equipment:) ;
Ir 7 1 f CONTI-2Ac'1'c)11 d]arc-•y�jr c]�. Laws or Regu].�t:lons; of any
t?ubl 1c bc�iy havin< Jul lsdlction;
the autl]or I ty of C)WN1?Ir; �r
<:�illt'rw1:;r violate In any
w:'y 311)' lei v1 ;Ion ; cat 1Ilc• Contract 1)ocumc�nt ,
ur , titter giving ,CO >t�:TOR seven�aa8�
Wk 1LLen notice,
V, erminate the services of LiNTRACTOR, a Ys
CONTRACTOR from the site and take xclude
CONTRACTOR's tools Possession of it and Of all
use them the same toatheifulis.exgeatmtheynery couldtbehuseite and
d by
CONTRACTOR (without liability -to the CONTRACTOR for trespa
or conversion), along with any supplies or equipment pass
Purchased -by the OWNER for use in
described in this use
-whether onisite ordJng enot- andsto
Provide the services itself. In such case CONTRACTOR shall
not be entitled to receive any further payment until the
expiration of the contract term. If the unpaid balance of
the Contract Price exceeds the direct, indirect and
consequential �e Year costs of completing the contract services for
such excess will be Paid to CNTR. If
costs exceed such unpaid balance, CONTRACTORTOpay the
shair such
t difference to OWNER.
c) Where CONTRAC'TOR's services have 1_x�en terminated under
graph 9a b()J:) hY OWNER, the termination will not: affect
any right; or i ng or remedies of OWNER against CONTRACTOR the exlst-
which may thereafter accrue of money_; du . Any retenti.oii or Paymer, t
e Any
by OWNER will not r
from 1ial,)i i i ty elease CONTRACTOR
d) Upon sever, days' written notice to CONTRACTOR, OWNER
may, without cause and without
or remedy, elect to Prejudice to any other right
ment abandon the Work and terminate the Agree -
In such case, CONTRACTOR shall be
d for all Provided and any reasonable expenses directlyrelated services
the
termination but excluding consequential damages and indirect
expenses including home office overhead.
e) Contractor may stop work or terminate:
If, throw
gX- no act or fault pended of CONTRACTOR, the Work is sus -
for a period of more than ninety days b
under an order of court or other Y OWNER or
fails to act on an Public authority,
Y Application or OWNER
able time after it tion for Payment within a reason -
TRACTOR Y is submitted, or OWNER fails to pay CON -
an sum finally determined to be due within a reason-
able time, then CONTRACTOR may, upon ninety days,
notice to OWNER, Ywritten
OWNER terminate the Agreement and recover from
Payment for all Work executed and any expense sustained
Plus reasonable termination expenses. In addition and in
lieu of terminating the Agreement,
O11 an if OWNER has failed to
Al>f,l 1 cat i on for r Payment. ohas fai led to make an act
meat. as; a1 oresaid CONTRACTOR may upon ninet days,y
not: 1 ce t, OWNERstop the Wor k
L1ren due. unt i. 1 paymen
t of all amounLs
2
Al.] claims, disputes P and other matters in question between
and CONTRACTOR arising out of, or relating to the Contract OWNER
meats or the breach thereof (except for claims which },gve Oocu-
waived by the making or acceptance of final been
decided by a Court of Law in the County of Monroe Inythe tState l be
Florida. All procedures shall be subject to all the standard
Practices of civil proceedings of the State of Florida.
CONTRACTOR shall carry on The
tract documents and without delay during disputesaccordanCeandtll the
con-
tract with the OWNER. disagr-ee-
}ARTICLE 11 - TERM OF CONTRACT
This CONTRACT shall I ,
.101 a twelve ( 1 2)onA-R—CH ?--,_1 -7 and on MARCH 19 month 1er l od beg i nn l „,)
1 9yf3 . This CON'1'1�Ar••�•
tell" shall lie renewahl r- l n accordance with Article 12.
ARTICLE 12 - RENEWAL
The OWNER shall have the option to renew this agreement after the
first year, and each succeeding g year, for four (4) additional one
periods. The contract Annually In accordance �,, amount agreed herein may be adjusted
(CPI)
Price Index 1Lh the percentage change in the Consumer
for Wage Earners and Clerical Workers In the
Miami, Florida area index, and shall be based upon the annual
dverage CPI ;c0mput.atlon from January 1 through December
the previous year. 31 of
ARTICLE 13 - FUNDING AVAILABILITY
In the event that: funds; from Facilities Maintenance,
Facilities Contractual Detc�,,t:1un
hr� obtained or r��nnr,1.
`;c'rvlc_es are partially reduced or cannot
l�,• e•c,r1t i Hued at a level suf f i c-i cat tc,
f c�, the Purchase f,ase u 1 1 1,�, s0ry 1 ces /goods spec i f i c d her e „
.+<,J, c-rc•m(�nt May then 1,,r� t a
be obllLhe
Option t!
„ll,,it.<-•c1 immediately at. the o1 tII'`c
r)WNX.); I:)y written not , r ,' <,1 ,
m.d t 1 t�, t Ile C , t.c ! minat Ion del Iverod 1 n Person or by
))�'1'1.I1r lc�)1. Ilk, (U1ER shall not: cccf
fc;r anysc�rvlcr�s 1�,c,v1,9,•�i ,„ =�to PayI'I;/1� 1�11; ,t t,• any equipment: Purchased by Lila CON
t l„ �'cslJ'I'1;11 1 ,)• has; received w, i 1 ter,not Ice of
t
t.,, he 11111 ACONTRACTOR for Art 1� 1�: wt Od Pursuant to pal ayral-,ln)gdl 1r>r, under
f
The CONTRACTOR warrants that it is. authorized by law to en
the performance of ject
the activftles encompassed by th
herein described. The gage 1n
pendent, Provider shall at all times exercisepro de-
proy for nal Judgment and shall assume inde-
responsibility for the services to be
Professional
ing by the OWNER provided. Continued fund -
local, state, federal
Contingent upon retention of
and/or federal certification and/or appropriate
CONTRACTOR. licensure of
ARTICLE 15 - NOTICE REQUIREMENT
Any nc'1-i c-c� ; red or
writing G c r ni t t ed r�rrdc�r this agr ec me rr t shall 1.
<�nd }i�artd deliver. ed c,r be in Other mart mat 1 d, Postage pr elJaid,
1-�)' certified m� i l returned receipt regiicst:ed to the
following:
to the
FOR OWNER:
FOR CONTRACTOR:
Monroe County Public Works
Facilities Maintenance Dept_ Dais Water Analysis, Inc.
3583 South_ Roosevelt Blvd. Box 2584
Key West, Florida 33040 Key West, Fl. 33040
A'Ltn: Director; of Facilities Main,
ARTICLE 16 - PAYMENT
The OWNER s11j311 Pay to the CONTRACTOR for the
service performance of O11 `� per month said
day of the tol)oPer in arrears basis on or before the 15th CONTRACTOR 9 month i n each of ,.welve (17_) months .
fir I 1 invoice the OWN111 monthly for Wa;t<-ovate The
ment [�aci ] 1 t.y r;1�c�r aL10n and maint.enanc�e
tract Doc'tmwfII ,; r Tr eat:
contained hc>r c> Cntr
allpe1-formed undo r t:lrc' Con --
as st.at:ec9 b) t 11(_, CONTRACTORS I�r ol,c !:,a1 asc fol]owac tSlrr,c�urrt steal 1
yet3r to !�c 1 0.04
tJe
.67 her nir,n i t� . 900i . 0 4 per
a 1 The duties (!. �`'•'1'1,
and obligations imposed by these General _
tions and the rights and remedies available hereunder to
condi
parties hereto, and, in particular but without limltatiohe
the warranties, guarantees and obligations imposed
TRACTOR and all of g n'
the rights and remedies available to CON-
thereundel- , are In addition to and a► c, not to OWNER
In any way as a limitation of , any r 1ghYs and remediesrl` t lrc�d
able to either or both of them which are otherwise iml,oSedail
available by Laws or Regulations, by special warranty or
guarantee or by ot}1er- PI-ovisions of the Contract
and the provisions of this Documents,
If repeated specificall paragraph will be as effective as
lion with Y in the Contract Documents in
each in
duty, obligation, ri ht andconnec_
to which they apply. All representations, g
t remedy
Paymentees made in the Contract Documents willasurvivc Linn
payment and terrni n�jt: i can or completion of the Agreement.and
1
t�) pe provision �f this agreement or the duty or obligat:i.,n
perform any r c'qut red by this Agreement shall
waived k,� the w;jivcr of a1ly Particular act or occurrent,. ,t
breach.
c) This writing constlt:utes the entire expression of the Parties
agreement and may ne,t be contradicted, modified, explained
supplemented by any prior written agreement `or oral a ree
or any other of
Prior written or oral communication. g ment
I
Att K 0 L H A G
0 Clerk
,IS �(, -
e r k
Attest:
�ti
WITNESS WI'I MESS
I
Corporate
if. corporation:
COUNTY OF MONROE, STATE OF
FLORIDA
DAVIS WATER ANALYSIS, INC.
BY cL
Contractor Rep.
APPROVED AS TO FO
- ""3 ' "0 L FIC T N WO
4A L FIC
ROB -RT N WO
DATE �
I 'A