Item C32
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20.21. 2001
Division:
Public Works
Bulk Item: Yes -L No
Department: Public Facilities Maintenance
.', . AGENDA ITEM WORDING: Approval of a contract renewal with Synagro Southeast, Inc. for the
operation and maintenance of the sewage treatment plant at the Plantation Key Government Complex.
ITEM BACKGROUND: On August 14, 2001, the contract with Synagro Southeast, Inc. (formerly
Ecosystematics) will expire. In accordance with Article 3.10 of the original contract, we recommend to
exercise the third of four options to renew the contract for a one-year additional period.
PREVIOUS REVELANT BOCC ACTION: On August 12, 1998, BOCC granted approval of a contract
with Ecosystematics, Inc. for operation and maintenance of the Plantation Key Government Complex Sewage
Treatment Plant, and on May 12, 1999, BOCC exercised an option to renew for one additional year. On
April 19, 2000, BOCC approved a contract assignment and a formal corporate name change to Synagro
Southeast, Inc., and on July 26, 2000, BOCC exercised the second option to renew the contract for one
additional year.
CONTRACT/AGREEMENT CHANGES: Increase contract amount by the percentage change in the
most recent Consumer Price Index for all urban consumers for the most recent 12 months available which
was 3.3% for April 2001. Monthly operation and maintenance services increase from $357.20 to $368.99
(plus $60.00 for Nitrogen & Phosphorus testing). Routine repairs and emergency service calls increase from
$31.33 per hour to $32.36 per hour, and payments for repairs, emergency service calls, handling fee for parts,
materials, chemicals, and chlorine tablets increase from a not to exceed of $522.23 per month to $539.46 per
month.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $5.147.88 O&Mperyear
$6,473.52 NTE Repairs, Parts, Chemicals
COST TO COUNTY: Same
BUDGETED: Yes -X.. No
Account #001 20501 530340
REVENUE PRODUCING: Yes
NoX- AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
ITEM PREPARED BY, ~ t.O . J!... '
1 W. King, Acting Sr. ~J Lower~ns
DIVISION DIRECTOR APPROVAL: ~ ~/S-'A/
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM #~-z..
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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CONTRACT SUMMARY
Contract with: Synagro Southeast, Inc. Contract #
Effective Date: August 15,2001
Expiration Date: August 14, 2002
Contract Purpose/Description:
Renew contract for the operation and maintenance of the sewage treatment plant at the
Plantation Kev Government Como lex.
Contract Manager: Ann Mytnik 4431 Facilities Maintenance/Stop 4
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on June 20, 2001 Agenda Deadline: June 6,2001
CONTRACT COSTS
Total Dollar Value of Contract: $ 11,621.40
Budgeted? Yes[2] No 0 Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 1,936.90
001-20501-530-340-
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed ,..,r/} ~r~_
YesDNoD ,~-~
YesDNol1l ~
Date Out
Division Director
Risk Management (rrl ~O(
~~ing ~\11~'
County Attorney 5:/7~1
YesD No~
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YesD No
Comments:
OMB Form Revised 2/27/01 MCP #2
RENEWAL AGREEMENT
(Plantation Key Government Complex Sewage Treatment Plant Operation & Maintenance)
THIS Renewal is made and entered into this 20th day of June 2001, between the COUNTY OF MONROE and
SYNAGRO SOUTHEAST, INC., (fonnerly known as ECOSYS1EMATICS, INC.) in order to renew the agreement
between the parties dated August 12, 1998, renewed on May 12, 1999, Consented to Assignment on April 19, 2000, and
renewed the second time on July 26,2000, (all of which are incorporated hereto by reference), as follows:
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1.
In accordance with Article 3.10 of the original agreement, the County exercises its option to renew the
Agreement for the third of four additional one-year periods. 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 shall invoice the County monthly for sewage treatment plant operation and
maintenance perfonned 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 - $368.99per month (plus $60.00 per month for
Nitrogen & Phosphorus testing).
B. Repairs (routine, prior approval required) - Nonnal working hours of 8:00 a.m. to 5:00 p.rn.
Monday through Friday - $32.36 per hour.
C. Emergency service call - Overtime rate for hours other than the nonnal working hours as stated
in Article 3.14B, including holidays - $32.36 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 - $97.10 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 $539.46 per month.
2. The tenn of the renewed agreement will commence on August 15, 2001, and terminate on August 14,
2002.
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
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RENEWAL AGREEMENT
.(plantation Key Government Complex Sewage Treatment Plant Operation & Maintenance)
TInS Renewal is made and entered into this 26th day of July 2000, between the COUNTY OF MONROE and
SYNAGRO SOUTHEAST, INC., (fonnerly known as ECOSYSlEMA TICS, INC.) in order to renew the agreement
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 Ule most recent Consumer Price Index for all urban consumers (CPI-l)) for Ule most
recent 12 month available, as amended.
Article 3.] 4 PAYMENT - TIle County shall pay to the Contractor for the performance of said service on
a per month in arrears bases on or before Ule 30lh day of the following month in each of twelve (12)
months. TIle Contractor shall invoice the County monthly for sewage treatment plant operation and
maintenance performed under Ule Specifications contained herein. The Contrdctor shall invoice under Ule
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) - Nonnal working hours of 8:00 a.m. to 5:00 p.m.
Monday through Friday - $31.33 per hour.
e. Emergency service call - Overtime rate for hours other Ulan the nonnal working hours as stated
in Article 3.14B, including holidays - $31.33 per hour.
D. Handling Fee for parts required for operation, maintenance, repairs, and emergency service _
Cost + 15%.
E. Handl.ing Fee for materials, chemicals, and repairs by subcontractors - Cost + 15%.
F. CWorine tablets - $94.00 per forty (40) pound pail.
G. Sludge removal above and beyond the Urree (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.
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BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
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CONSENT TO ASSIGNMFNT
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This Cons<tlt to ASSignm<tlt is entered Into this 11 day of $01-
2000. by and betwe<tl Monroe County. 0 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 Ecosystetnatics, Inc" hereafter, Assignor, through an agreement
dated August 12, 1998, hereafter the original agreement. The original agreement is
attached and incorporated into this Consent to ASsignment.
2. By 0 merger on February 4, 2000, with 5ynagro Technologies. Inc, which WQS
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
3.04 require~ the conSent of the County before an assignment is effective Of/ainst 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 ond conditions of the original agreement including the obligation to pay the
County any sums owed the County by the ....ssignor under the original agreement up to the
effective date of this Consent to Assignment, and including the requirement for
apprqpriQte-~~te and federal certification and/or licensure.
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-1 TrEST: DANt'-lY L. KOLHAGE, CLERK
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUN1Y, FLORIDA
By SL . /, C/--:F~
4/Chairmon
(SEAL)
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SYNAGRO SOUTHEAST, INC.
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III .ccordal'ce with A rtide J I 0 of the origill.1 .grcelUelU, the COUll' Y c'ereises its optioll to
rell"" the AgreelUellt for .11 addi'ioll.1 Yelf The P.rties fllrther .gree '0 ;lInend 'he sceolld Sentence of
Arll<.:1e .1 10. and Article 3.14.10 rC1d as follo'Vs
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"J lOR EN EW A L - '!l,e collrrae' "IUOllllt agreed to herem II II ght be .dJus'ed anllually ill
aeco<<bllee "'It h the perCCIII.ge ch.llge i II I he "'ost reCClI1 C ollsu"'er I' nce IlIdex for all u rb.1I COIISUlUers
(CP/.U) (ollhe 1110S1 reecll( /2 1I1011111s avadablt "
'J 14 I' A Y M ENT - TIle Cou nl\ vha 1/ I"" 10 I he COlli ra Clo,' f", I he per"", n, nee of s. id service on
a pc, mon I h man 0.1 IS basI\ on or bero re the .10'" d '" of I he f ol/o"'m g 'nonl h 'n C:>ch of tn d ve (12) "'On I hs
l"hc C,,,,,, a"o, vhal/ mVO'ce the ('onnt, nl\"" h I, I,,, VCW.lge t relt "'en t pbnt opc, al 'on .1nd lUaiotcnance
pc, rO"He'd n nde, I he Spec, f, c:" 'o"v Con ta" I\d her Cln Th e ('onhac, .1 "'on n t vha II he ;os fol/o\\'s
A M On( hi) Ope,., 'On . nd "'a, n'enance vc, '" >cev . $ J 47. ~ I per 'nontl,
fl Hepanv ('ontmc. p,ior approval ccqurredl No"n.1 \\'o,kmg hon" of " 00 anr. '0 5:00 P.'n.
Monday lhrough Friday. $]0..51 pcr hour
C Enle'gencv service cal/ - Overti'ne rate for honrs othcr than 'he nO'lUal ",o'kmg hours .s Sfated in
Arllcle 3.140, including holidays - $30.5 1 per hour,
D. Handl'ng Fcc for paris reqnired for Opcra'ion. lUainlenance. repans. and emergenev scrvice _ Cos' i
/5%.
E Ii a lid I lUg Fce for m.teria Is. chell I icals. ",,1 'cpa i rs by su bcolI I ract o,s Cost, 15 'Yo.
F. ehlollne fablels - $9/.53 per fOrly (-W) POund pari
G Slndge re'"oval above and beyond 'he tin ee (.1) per velf mduded ;rs legnl;n m"u"enance _ Cos' i
1.\ :'i'%,
P a vn lenl "" 'el"n rs, e"'e, gellc) se'V>Ce cd/. halld I u I g ke "n p;n Is. ilIa ten" Is. chelUical s. alld
chlollnc l:IOlcls skdlnOl e\cc.cd j;~()X5() per Inonlh"
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2 The le'm oft he rene"ed a greelI\ell t '" II COli Ulleuee on Au gu st ", Il}l)l) and lenn, na'e on August
14.2(J(J(J.
3. In" II "" he, respects. the on g; na I "gl cernent bet wccu 'he pa "t ies da t ed ^ ugust 12. 1998. rernains
ill full force and c1kcl
v<~~'Wrn\!L,:S WIIEREOF, the ICUI,es have hereunto set 'herr
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SECT] ON 'I'!iHEE
1'111S AGREEMENT, made and entered i nlo this 12th day of August,
1998 between Monroe County, PIorid,), party of the first part
(here inafter sometimes Ca !led the "Owner"), and Ecosystematics,
I nc., party of the second part (hen'i na fter sometimes caIted the
"Contractor") .
c 0 N T R ,A C :r
W I TIN E SSE S:
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1'ha t the parl.i es hereto, for the cons i dera tion hereina f ter set
forth, mutudlly agree as [ollov-rs:
J . 01 SCOPE OJ-" ']'11 E \'lORK
The Conlraclor shall fUrnish all material, labor, and
equipmenl lo operate and maintain the Plantation Key
Governmenl Complex Sewage Treatment Plant in aCCordance With
the Contracl 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 porposes onder this agreement the
Contractor is an i ndepende"l Con l "actor and not an employee
of the Goard of COonty Commissione'" fOl" Monroe COonty. No
sta t>>m'<nl COnlai ned in thi s ayn"'ment shall be Construed So
as to find the Contractor or any of hiS/her employees,
contraclor,;, servanls, Or ayenls lo be employees of the Board
of COUnly Commission".rs for Monroe COonly.
3.03 A~)~)UI<ANCE AC!\JNST DlSCRH11NA'I'lON
The CO"tractor 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
'relaled, in ils reCrUiting. hirin'l, promoting, terminating,
or any olher area affecling e"'ployment onder this agreemenl
Or Wilh the proviSion or services Or gOOds onder lhis
agreelll('Il\ .
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Th.. c""" ", ,," sh" I I no, ,,,.,,, 'I" 'h is ayree"".",. eY.<;(,p, in
w, i Ii "'J ." 1<' W, 1], Ul<' In i 0 r '" il, '''' "' pprova I 0 f 'h" UOiJ(d 0 f
c""" I I' 1',,,,,,,, is'; i o'"'ro; for '"0", 0" 1"",", I' and ('on'ranor, whic"
"l'l'rov", I "I,,,, I be Sub j>>e! '0 O;oe" condh ions ancj p, ov is; ons
"s 1.1", '\<",,,, ''''d Con'rac'o, ""'I'd,'''''' 'we,'S",,,-y. '],h;"
a'l""''''''''' s"a I I ,,,. i n'''''I.''''.<I "d 1,1' '<'I"re"", i "", a"V
""", """"'n' .",<1 .",1' 01,<<; i'ln,.,. "1>",, "'''liP] I' '" Lh 01 I] 0' U,,>
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1'0>\/ 16ioiiS '118 this ag reemen t · Un les s !~'res sly provided fOr
therein, su6" approval Sqall in no manner Or event be deemed
to impose any Obligation upon the Board in addition to the
total agreed-upon price of ~he Bervlces/9oOds of the COntrac_
tor.
J. O~j COMPLIANCE WITH LAW
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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 pro~isions
of, such serVices, inCluding those now in ellect and
hereinafter adoPted. Afiy violation 01 said statutes,
Ol"dinances, rules and regUlatiOns shall COnstitute a materia]
breach of this agreement and shall enti lle the Board to
Leminate this COnLracL immediately upon delivery 01 Written
nOlice of termination lo the contraClor.
.3 . O() ] NSUHANCE
'1'h e CONTHAC'I'OH w ill be res pons i b 1 e lor all n eces s ary
insurance Coverage as indicated by an "X" On the a~tached
forms identified as INSCKLST 1-5, as lurther detailed On
forms GLI, VLl, WCl, GIRl, & GIR2, each attached hereto and
incorpOrated as part of this COntract agreement.
3.07 HOLD HARMLESS
'I'he CONTRACTOR shall defend, indemnify and IlOld harmless the
County as out] ined on the attached lorm j denti lied as TCS1,
attaChed hereLo a"d ; "':Clrporated as pan of this COntract
<3(,1 reemen l .
.3 . 0 n 'l'E HI'1 0 F CONTI{AC'l'
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'I'hi s Contract sha II be lor a period 0 f One year, commencing
on August IS, 1990 and terminating On August 14, 1999.
SerVices Shall commence on the ellective date of this
agreement.
3.09 CANCELLATION
AI ']'he County may cancel this Contract lor cause with seven (7 J
days notice to the Contractor. Cause Shal] constitute a
breach o( the obJ iqaUons of the COntraClo, La perform the
",>>' v i C"S (""'''''',a ted as Uw C'H1t racLo," . s ob I i qa 1 ions u nd"r L his
COllI r,I(~I. ,
,,) l:iLl"" 01 LI", '''''I.;"" '''''''10 mdy CHIC", th,,, d'Jreement witho"t
c.,.."" by qivi'I'j th,,' 01.1"., P'''ly Sixly (GO) ddYS written notice
(ll il.~~ inl.(~lIl.joll to do :')0,
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.3 . 10 RENEWAL
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The Owner shall have the. option to renew this agreement arter
the Ci rst year, and each sUCceedi ng year, for foul' (4)
add i Li ana] One year periods. 'rhe COntract amOunt agreed
herein may be adjusted annually In aCCordance with the
percentage Change in the Consumer Price Index (CPI) for Wage
Earners and Clericai Workers in the Miami, Florida area
Index, and Shall be based upon the annua I average CP I
computation from January I through December 31 Of the
preVious year, Or by the actual increase in Cost and labor,
WhiChever j siess. In<;reases in the Contract amOUnt dUring
each Opt ion year period shall be extended into the SUCCeeding
years.
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3.]] FUNDINe ^Vl\] L^,3ILJ'rv
Not", it h',!.andi ng anyth i ng con!.ai ned elsewhele in this
conL,.."", ; I lunds fo, FacHi ties Maintenance Contractual
Seno I C"s are parlia Ill' redUced or cannot be obtai ned or
cannot be conlinued 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
Obilgated to pay for any services prOvided by the contractor
a fLer the Contractor has recei ved written nOlice of
termination.
3.]2 PHOFl~SSJI)IML RESPONSIBILITY
']'he Cont,aUor warrants that it is authorized by iaw to
engag" in the per'formance of the acti viti es encompassed by
the project herein d".sCribed, Subject to the terms and
Condi lions set fOrth in the SpeCification Manual dated
I)(>ce'"b"r n, 1994, whi ch is attached hereto and inCorpOrated
herein a,.; a part of this contract/agreement. The p!'Ovlder
Shall at all limes exerCise independent, profeSSional
jUdgment and shall assume profeSsional responSibility for the
services to be prOvided. COntinued funding by the Board is
. conti ngent UPOn retention of appropriate local, state, and/or
federal C"rt i[ Icatlon and/or licensure of contract.or.
3. 13 N01'I CE IH':VU I HENEN'I'
Any not, '." ">qn I "ed o. penl1iUt>d under thi s a'F""""",t shall
b,' ;" w,;, ""I il ,,,' ,,,''''' d" live red or ma i led, "0,.. ""J" I' ""pa I d,
to U", """., '''''tl' by [t'nl/H'd mail, retu,n"d "":<'ipt
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F(m COIJNTY
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3.14 PAYMENT
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TIre County shall pay to the Contractor for the performance Of
said service On a per monlh in arrears basis on or before the
30th day oi the fOllowing month in each of twelve (12)
months. The Contractor shall inVOice the County mOnthly for
sewage treatment Plant operaUon and maintenance performed
under the Speed icaUons contained herein. The Contract
amount shall be as stated in the contractor's propOs~l as
fOllows:
A.
Monthly operation and maintenance services _ 1342.00 per
month.
B. Ilepairs (rouu ne, Pr i Or approva 1 requ ired) Norma 1 wOrk i n'l
hours of 0'00 a.m. to ~"OO p.m. Monday through Friday
$30.00 per 110U1.
C. Emergency service call - Overtime rate for hours other than
the normal Workiog hours as stated in Article 3.148,
inClUding hOlidays - $30.00 per hOur.
D. Handling Fee for parts required for operation, maintenance,
repairs, and emergency service _ Cost ,. 1St.
E. Handling Fee for materials, chemicals, and repairs by
SUbcontractors - Cost + 15%.
F. Chlorine tabiets - $90.00 per forty (40) POund pail.
G. SlUdge remOval abOVe and beyond the three (3) per year
inclUded as re']ular maintenance _ Cost, ]3.5%
Payment [or repairs, emergency service call, handling fee [or
parts, mater ials, chemica ls, and chlorine tablets shall not
exceed $500.00 per mOnth.
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In witness whereof, the parties h"reto have executed this agree_
menL the day and year firsL abov~ written,
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Allesl~QANNY L. KOLHAGE, Clerk
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MONROE, STATE OF
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