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Item C10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: May 21. 22.2003 Division: Public Works Bulk Item: Yes .-.-X.- No Department: Facilities Maintenance ~. 'L. . AGENDA ITEM WORDING: Approval to renew c~)fitract with Synagro of Florida - Anti-Pollution, Inc., for the operation and maintenance of the wastewater treatment plant located at the Old Mariners Hospital in Tavernier. ITEM BACKGROUND: On May 31, 2003, our current contract with Synagro of Florida - Anti- Pollution, Inc. will expire. Staff recommends to exercise the first of two options to renew the contract in accordance with Article 6 B of the original contract dated May 15, 2002. PREVIOUS RELEVANT BOCC ACTION: On May 15, 2002, the BOCC granted approval to award bid and enter into a contract with Synagro of Florida - Anti-Pollution, Inc. for the operation and maintenance of the wastewater treatment plant located at the Old Mariners Hospital. CONTRACT/AGREEMENT CHANGES: To renew contract commencing on June 1, 2003, and expiringonMay31,2004, at the same rates as the current year's contract. STAFF RECOMMENDATIONS: Same as noted above. TOTAL COST:S13.590.00 ooer&maint $45.00 Del' hour reoairs re2Ular hours $67.50 emer2encv calls - ov~ $Cost + 20% materials $Cost + 20% slud2e removal BUDGETED: Yes ~ No COST TO COUNTY : Same as Above SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management _ DIVISION DIRECTOR APPROVAL: ~62-~ " Dent Pierce, Director Public Works DOCUMENTATION: Included ~ To Follow Not Required_ DISPosmON: AGENDA ITEM # ~~ Revised 1/03 - MONROE COUNTY BOARD OF COUNTY COMMISSIONERS \ , CONTRACT SllMMARv Contract with: Synagro of Florida Contract # Effective Date: Expiration Date: I lant Contract Manager: Ann Mytnik (Name) 4431 (&t. ) Facilities Majnt/Sto #4 (Department/Stop #) for BOCC meetin on OS/21/03 A enda Deadline: 05/07/03 CONTRACT COSTS Total Dollar Value of Contract: $ $15.000app Current Year Portion: $ 5,000 app Budgeted? Yes~ No 0 ACCOWlt Codes: 001-20S01-S30-~- Gnmt: $ N/A _-_-_-_ County Match: S N/A _-_-_-_- ADDITIONAL COSTS Estimated Ongoing Costs: S_/yr For: at included in dollar value above e . maint.euaDce utiliti - - - - ---- CONTRACT REVIEW Changes Date In Needed Reviewe,r /) Division Director S{iI/O ~ YesDNo~. D.0~ RiskMall8gOment ~jg./61 YesON0[!3- V~ O.M.B./PurcbasUlg 5/ ,I ti~ VesO N~_~ 00 County Attorney S/.;l//)3 YesD N~ g;~ .. Date Out Comments: OMB Form Revised 2/27/01 Mer #12 "a~ Ub U~ U~:!~P ...,- u u ~ !...j , 305 289 633(j p. 1 May.6-03 17:02j Page 111 RENEWAL AGRECMENT (Operation Jno Maintenance Sewage Treatment Plant at the Old Mariner~ Hospital) TIns Renewa' is made and entered into this 2J" day of May 2003, between MONROE COUNTY, FLORIDA and SYNAGRO OF FLORIDA - ANTI.POLLVTlON, me. in order to renew the AgTCement in1Ween the panies dated May IS, 2002 (a copy with is incorporated hereto by reference), IL'l foliow,; 1. In ac<:or!'ance with Article 6 B of the original agreement dated May IS. 2002, the Coumy wishes to exercise the option to renew the Agreement tor the first of two one-ye.aJ periods. 2. The tr:rm ofibe renewed agreement will commence On June J, 2003 and terminate on May:; I _ .~OO4. 1. In ali other respects, the original agreement between the parties dated May IS. 2002 remal~ls in full force and effect IN WlI!\IESS WHEREOF, the p4l1ies have hereunto ~et their hands and seal, the day and y(~r ::int written above. (Seal) Attest. DANNY L J(OlHAGE, CLERK BOARD OF COUNTY COMMISJONERS OF MONROE COUNTY. FLORIDA By: Dcpuly Dc:); 8y_ WilnClg SY NAl.R.O OF n OR I1)A-ANTl.POI.UTION. INC Willless By___ Tille .. .PI'h~\tEC: i .~:.~{) "NO rAt.'; . ... , ... '~~". C?JTJ.t~~. ;';1 ON N~' Jf2f, That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: "", ~y, ... ~"S\. "'~ .. 'i>;~U.NTKAcr,' ~.~. ;_._ ... :.;..~'.flt.:..,,> . .,).~', "'".;i.t. '.'; , /:',. .1;} . ~h .. . . . <'i ~ \ \~'.: , .: <t .. ..' ,:j).~GREa.mNT. ma:~~~'~ ltt~tius 15th!~iro :";~~rifj2, A.D., by UtdL . MONROECOUNTV, FLOl,Ui)X ,.(hereinafter sometimes ca1\ the "owner"), and Syrii Florida - Anti-Pollution, Inc~'Hhereinafter called the ((Contractor"). 1. THE CONTRACT, .x' The contract between the owner and the contractor, of which this agreement. isa:..Part, consists of the contract documents. 2. THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 3. SCOPE OF THE WORK The Contractor shall provide operation & maintenance, repairs, and all services to comply with DEP requirements, including all necessary supplies and equipment required in the performance of same, and perform all of the work described in the Contract Specifications entitled: Operation & Maintenance Sewage Treatment Plant The Old Mariners Hospital Monroe County, Tavernier, Florida And his bid dated April 11, 2002, each attached hereto and incorporated as part of this contract document. The specifications shall serve as minimum contract standards, and shall be the basis of inspection and acceptance of all the work. , 4. THE CONTRACT SUM The County shall pay to the Contractor for the faithful 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 Operation and Maintenance Services (as outlined in the contract specifications) · Repairs (routine, prior approval required). Normal working hours of8:00 a.m. to 5:00 p.m. Monday through Friday, beyond the $500.00 limit · Emergency service call. Overtime rate for hours $1.132.50 __per month $ 4 5~ 00 per hour ...aoo~._~~l~~~~enas andho,li~t!;z~7 ". ..\/";~;:i~~';~K:i . . · Handling fee for parts required for op@ion, maintenance~ repairs. and emergencysetvice ~~ ..; .. ..",,.';;;".~;..~--;....,. .... .....;.'").V~:~~~~i.... $ 6750-~'~"+." per houf';;'~"'f".~~"" ., .., <';. ..,. ,.,. iC~~'~,):':~~;~ Cost+ 20 % · Sludge removal (beyond four per year required as regular maintenance) Cost + 20 .~:~% 5. CONTRACTOR'S ACCEPTANCE OF CONDITIONS .../.... ...... A. The Contractor hereby agrees that he has carefully examined the site and has made investigations to fully satisfy himself that such site is correct and a suitable one for this work and he assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor. who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances. conditions. or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the specifications shall be interpreted and construed by the Owner. and his decision shall be final and binding upon all parties. C. The passing. approval, and/or acceptance by the Owner of any of the services furnished by the Contractor shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and specifications covering the services. Failure on the part of the Contractor. immediately after Notice to Correct shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the Contractor, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the specifications. 6. TERM OF CONTRACTIRENEW AL A. This contract shall be for a period of one (1) year, commencing June 1, 2002 and terminating May 31, 2003 . B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional o'ite year periods. The Contract 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 twelve (12) months available. 7. HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including ,J., . . . -~ -~:v~"~,I~~~;;QaIl1ages,. and expenses':!(Ui.dl~rttittofu~y'lJl~s ~: Q'1 arise out of,m~onwitli;orby reasonofaet\i~proyided by theco~ any of its SUbeontractot(s) in any. tier, occasioned bY4he. negligence,errors~ :or :titlier _- wrongful act of omission of the Contractor or its Subcontractors in any tier, 'their- employees, or agents. In the event the completion of the project (to include the work of others) is dlll!ly:ed llr suspended as a result of the Contractor's failure to purchase or maintain the c~ insurance, the Contractor shall indemnifY the County from any and all ina;eased l?i"I!"C ~.. resulting from such delay. . "", The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. 8. ~EPENDENTCONTRACTOR 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 ofhislher employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 9. 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. 10. ASSIGNMENT/SUBCONTRACT The Contractor shall not assign or subcontract its obligations under 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 may deem necessary. 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 contractor II. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the contractor shall abide by all statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, '" . ._"'I:"'~"":~'~~.~.T.'):YL,v!~()n1.0fT . '.\' -, ..:,.. .' <_..,,\.,~'..:;,j>"'.:.\~:"";.J_-...._~~~-...~_.,_........<~'_',h"':5:.k.,..,.;J.r;'1 .....;I.:-<.._-!~~,:;' ..IC,.,....:,......."~,l..,.\.... ,. ..,. '.... .L:":'I'.''''''"~'W.Ute-'.''''~~,lCU.'o''''li...'.'t'...., .... . ,:-~..,...._n_, "':.......ll4l\"<OIl;S,'TU1~.;~.ations Suw ;,C9,,~,,~. .~~. ,........,\.r~.\9 ..$i~ "~ent ~d. shallentitI7~~~;:::: : '/"".':1iiiietiUs~.:~~W\ipO'tlaeli~!r of wntten IlOttce oftemllnahOl!~~e '.'\:Ontractor.Thel;lll!!l'a~ shall possess prop~ . licenses to perform work in aCCOr'(:lance with these specifi~tions throughout the temi of this contract. ..,: 12. INSURANCE Prior to execution of this agreement, the contractor shall furnish the Owner CertifiCates of Insurance indicating the minilin1m coverage limitations as indicated bY!lri.~:lq~OI1lhe attached forms identified as INSCKLST 1-5, as further detailed on forms '\VCi/GLI, ED 1, and VL 1, each attached hereto and incorporated as part of this contract document, and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. 13. FUNDING AVAILABILITY In the event that funds from 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 of County Commissioners by written notice of termination delivered in person or be 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. 14. PROFESSIONAL RESPONSffiILITY 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 these contract documents 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 Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 15. 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 Facilities Maintenance 3583 S. Roosevelt Blvd. Key West, FL 33040 .. FOR CONTRACTOR Synagro of Florida - Anti- Pollution, Inc. 89111 Overseas Highway Tavernier, FL 33070 16. CANCELLATION A) In the event that the Contractor shall be found to be negligent in any aspect of plant operation, maintenance, repair, or service, the County shall have the right to terminate this agreement after five days written notification to the Contractor. 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. . "';;,~;,lt~~ 'GOVERNiN<\::~ A: ., ':'. .,',,~ .' ,,!: ,;i}"~;"J[r", " , ' '.' This Aueemeat'lS' Il'Vemed by the laws ofthe:.Sti ",' ,.<lrida'Yenuefor'~l,J ,.bii': arising under this 'Agreement must be in Mo~ CQUntY,Florida.hi lhe '(;venf1i~~y . litigation, the prevailing party is entitled to attorney's' fees and costs. .., ".1;. 18, CONTiNGENCYSTATEMENT >c".; Monroe County's performance and obligation to pay under this contract is, cOiititigefll upon an annual appropriation by the Monroe County Board of County Co~j~~I~'.'.y " .. '; <!"-~" -;~", ::~f._;;'/ ')~>~\ -- .,- '{'r';: IN WITNEss WHEREoF the parties hereto have executed this Agreement on thedaY~~1late J.!.,~~~1"!l?ve in four (4) counterp~, each of which shall, without proof or accounting for :l,- . @"9t_h~I:\c6Uri~e.Warts. be deemed an ongmal contract. l~ . C~i V-J .f;.::~~\;) i r'5~ S:,.})J :\1 BOARD OF COUNTy COMMISSIONERs \:il .~. >' '};NiHli, KOLHAGE, CLERK OF MONROE CO , FLOIDA ~ ~. .~.';, -:'--~~::~~'J_/f '~:, ~~~ ~ '.. /' ~,..,....~. .."...'" "4., CC.,u., _-;:::..", B -- By: Date: "fl1(J It: 2.002. (SEAL) Attest: By 7l~~ ~ TNESS Title: ~~..J C2-<?.-d.:;r:- CONTRACTOR Synagro of Florida - Anti-Pollution, Inc. By:~C-~__ Title: 6.9E/l..4./7t'~~:- -..b,,22=---;!}"?... BY:?~~ Title: ~~ 0~ ..