Item C19
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 15. 2003
Division:
Public Works
Bulk Item: Yes ~
No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to renew contract with Synagro of Florida - Anti -
Pollution, Inc., for the operation and maintenance of the wastewater treatment plant located at the
Marathon Government Center.
ITEM BACKGROUND: On August 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. (Contract amount will
remain the same.)
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 Marathon Government Center.
CONTRACT/AGREEMENT CHANGES: To renew contract commencing on September 1, 2003
and expiring on August 31,2004.
STAFF RECOMMENDATIONS: Same as stated above.
TOTAL COST:$8,l60.00 oJler & maint
$45,00 per hour repairs reiUlar hours
$67.50 emere:encv calls - overtime
$Cost + 20% materials
$Cost + 20% sludge removal
BUDGETED: Yes -X- No
COST TO COUNTY: Same as Above
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty. _ OMBlPurchasing _ Risk Management_
DIVISION DIRECTOR APPROVAL:
DJP~U
Dent Pierce, Duecto Public Works
DOCUMENTATION:
Included -X-
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #c:./?
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Synagro of Florida Contract #
Effective Date: 09/01/03
Expiration Date: 08/31/04
Contract Purpose/Description:
Operation and maintenance of the wastewater treatment plant located at the Marathon
Government Center.
Contract Manager: Ann Mytnik 4549 Facilities MaintlStop #4
(Name) (Ext, ) (Department/Stop #)
for BOCC meeting on 07/15/03 Agenda Deadline: 06/30/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 15,100,00
Budgeted? Y es~ No D Account Codes:
Grant: $ N/A
County Match: $ N/ A
Current Year Portion: $ 1,258.33
001-20501-530-340-
- - -
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- - -
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- - -
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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
Risk Management
Date, In
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Changes
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YesDNoG' y.rl
YesD No0" 6Jf'..
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YesDN' ~~
Date Out
o .M,B./Purchasing
County Attorney to /a.3 / (}.3
Division Director
Comments:
OMB Form Revised 2/27/01 MCP #2
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JUN 2 4 Z003
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RENEWAL AGREEMENT
(Operation and Maintenance Sewage Treatment Plant at the Marathon Government Center)
TInS Renewal is made and entered into this 15th day of July, 2003, between MONROE
COUNTY, FLORIDA and SYNAGRO OF FLORIDA - ANTI-POLLUTION, INC. in order to
renew the agreement between the parties dated May 15, 2002 (a copy with is incorporated hereto
by reference), as follows:
1. In accordance with Article 6 B of the original agreement dated May 15, 2002, the
County wishes to exercise the option to renew the Agreement for the first of two
one-year periods,
2, The term of the renewed agreement will commence on September 1, 2003 and
terminate on August 31, 2004,
3, In all other respects, the original agreement between the parties dated May 15, 2002
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
Witness
SYNAGRO OF FLORIDA-ANTI-POLUTION, INe,
Witness
By:
Title
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CONTRACT
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TInS AGREEMENT, made and entered into this ISTII day of May, 2002, A.D" by and between
MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and Synagro of
Florida - Anti-Pollution, Inc. , (hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
I. THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a 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
)' Marathon Government Center
Monroe County, City of Marathon, Florida
And his bid dated March 27, 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
$680.00
per month
$45,00
per hour
v...."'. LUGU UIG llt!ll:U wonang nours as stated CJ
above, includin ;:..~\.:ekends and holidays <;"-:50 per hour
<. it'..::I.
. Handling fee for parts required for operation,
maintenance, repairs, and emergency service 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 CONTRACT/RENEW AL
A. This contract shall be for a period of one (1) year, commencing 09/01/02 and terminating
08/3 1/03 .
B. 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 in the
Consumer Price Index for all urban consumers (CPI-V) 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
n~" r---~"- &UJ.fli" ""\,1 plupcllyaamage {InCludIng ~perty owned by Monroe
County) and any otl\.:,i,l~osses, damages, and expenses (incl~till:'lg attorney's fees) which
arise out of, in connection with, or by reason of services provided by the Contractor or
any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other
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 delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
insurance, the Contractor shall indemnify the County from any and all increased expenses
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. INDEPENDENT CONTRACTOR
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 of his/her 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.
11. 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,
such services, including those now in effect and hereinafter adopted, Any violation of
.....lU ,,~_u,,~ V1WlUU:~~, lwes ana regulations shall const~ a material breach of this
agreement and shall (:~..:.tle the Board to terminate this contrat~J}h1mediately upon delivery
of written notice of termination to the contractor, The contractor shall possess proper
licenses to perform work in accordance with these specifications throughout the term of
this contract.
12. INSURANCE
Prior to execution of this agreement, the contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the
attached forms identified as INSCKLST 1-5, as further detailed on forms WC1,'. GLI,
EDl, and VL1, 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 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 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) 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.
This' A;~~~;n~i;{0.~med by the laws of the State ofFlo~}:. Venue for any litigation
arising under this ~eement must be in Monroe County, Florida. In the event of any
litigation, the prevailing party is entitled to attorney's fees and costs.
18. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
IN~SS WHEREOF the parties hereto have executed this Agreement on the day and date
/(~~pove in four (4) counterparts, each of which shall, without proof or accounting for
. :':';'~;;t ' . ~~arts, be deemed an original contract.
\~13if. J~1;i' BOARD OF COUNTY COMMISSIONERS
.\'>....\1 ~~~: >. ;.~-" L. KOLHAGE, CLERK OF MONROE C~TY FLOIDA
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By:
Mayor/Chairman
Date: V117j
1(" %.0 c) Z.
.
(SEAL)
Attest:
By.n~a.. ~
I~ESS
CONTRACTOR
Synagro of Florida - Anti-Pollution, Inc.
By: ~C'__~
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Title: ~. ~.
Title: O/'E.i-7J./'f-77"-..-J;::' ?:>~_,{..;: cc_ '<':'L.
BY~~~
WITNESS
Title: t1~_.. ~