Item E26BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: November 19, 2003 Division: Public Works
Bulk Item: Yes X No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to terminate contract with American Water Services
Operation & Maintenance, Inc., and approval to enter into a contract with Synagro Southeast, Inc. for
the operation and maintenance of the sewage treatment plant at the Plantation Key Government
Complex.
ITEM BACKGROUND: American Water Services provided a letter of cancellation dated October 6,
2003 terminating their services for the operation and maintenance of the wastewater treatment plant at
the Plantation Key Government Complex. Their sixty day cancellation notice is in accordance with
Article 1.15 (B) of the original contract dated July 15, 2003, and is to occur on December 17, 2003.
Because of improper maintenance and operation of the wastewater treatment plant as cited by the
D.E.P., it is recommended by the County Attorney's office to cancel the contract in accordance with
Article 1.15 (A) thereby canceling the contract for cause with seven days notice to the contractor. After
BOCC approval, American Water Services can be terminated and Synagro Southeast's contract can be
effective December 1, 2003. Synagro Southeast, Inc. was the second low bidder at the May 13, 2003
bid opening.
PREVIOUS RELEVANT BOCC ACTION: On June 18, 2003, the BOCC approved to award bid
and enter into a contract with Azurix North America American Water Services, for the operation and
maintenance of the wastewater treatment plant located at the Plantation Key Government Complex. On
July 15, 2003, the BOCC approved to rescind the June 18, 2003 action and to award bid under the new
name, American Water Services Operations and Maintenance, Inc.
CONTRACT/AGREEMENT CHANGES: Terminate contract with American Water Services, and
enter into a new contract with Synagro Southeast, Inc. effective December 1, 2003.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST:s75o.00 ywmnth om tiara & maim. BUDGETED: Yes X No _
$55 00 ner hour V 10 00 ver hour O T for nroaus
Cost +20%for Handling Fee Parts
$0.20 w gallon sludge removal
COST TO COUNTY: Same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/PurchasTg X Risk Management _X_
i
DIVISION DIRECTOR APPROVAL: --2-t
Dent Pierce, Director Public Works
DOCUMENTATION: Included X To Follow Not Required
DISPOSITION: AGENDA ITEM #
American Water �ServiCe6TM
CONTRACT TERMINATION NOTICE
October 6, 2003
Monroe County Public Works Division
3583 South Roosevelt Blvd
Key West, Florida 33040
VIA CERTIFIED U.S. MAIL
Re: Termination of Operations & Maintenance Service Agreement
Dear Sir or Madam:
Please be advised that effective sixty (60) days from this written notification,
American Water Services Operations & Maintenance, Inc. will be terminating our service
agreement. The last day of service will occur on December 17, 2003. It is important
that you take immediate action to obtain a replacement service provider prior to the
termination of your service a;reement.
If you are able to secure services of a firm prior to the aforementioned termination
date and wish to exit this agreement earlier, please do not hesitate to contact me.
All trailing activities, such as; Monthly Operating Reports, Discharge Monitoring
Reports, and Billing will be handled for October and November 2003. American Water
Services Operations and Maintenance, Inc. will be available to transition operations and
maintenance activities, paperwork, and sampling schedules over to your newly selected
service provider.
We appreciate the opportunity to have done business with you and wish you
continued success with your future endeavors. If you would like to discuss this matter
further, please do not hesitate to contact me at (888) 934-1926.
Rgs tfu�wl
R.Sctt Les
Regional Manager
American Water Services
Operations and Maintenance, InAmerican Water Services, Inc.
Southeast Region
Florida Operations & Maintenance Division
12701 Commonwealth Dr., #7 • Ft. Myers, FL 33913
(941) 561-5330 • Fax (941) 768-2761
(888) 778-8320 Toll Free
CC�4�IYSo�E�ROE... 3W40 `.
(3.,) 2U-4U1
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
305/292-3470 -Phone
305/292-3516 - Fax
/ U\
October 20, 2003
Jeffrey DuPont, District Director
American Water Services Operations & Maintenance, Inc.
Southeast Region
4925 Cross Bayou Boulevard
New Port Richey, FL 34652-3434
BOARD OF COUNTY COMMISSIONERS
MAYOR Dixie M. Spehar, District 1
Mayor Pro Tem, Murray E. Nelson, District 5
George Neugent, District 2
Charles 'Sonny' McCoy, District 3
David P. Rice, District 4
RE: Plantation Key Government Complex
Wastewater Treatment Plant Maintenance and Operations
Dear Mr. DuPont:
It has been called to my attention that American Water Services has not been
performing all of the services which were originally contracted under the name of Azurix
North American, American Water Services. As you are no doubt aware, the Monroe County
Commission voted at its July 15, 2003 meeting to rescind that contract and approved a
contract in the name of American Water Services Operations & Maintenance, Inc. to replace
the one which was approved by both parties prior to the date of your notice of the name
change. The contract was to run from September 1, 2003 through August 31, 2004 with
seven-day notice for cause/60-day notice without cause clauses. Since Monroe County has
been cited by DEP for various problems due to improper maintenance and operation of the
wastewater treatment plant, it is contemplated that County staff will place on the County
Commission's November agenda an item to get approval to cancel the contract under the
seven-day notice clause.
Since American Water Services never signed the July 15, 2003 document with the
correct name, the County is willing to accept termination by your company on a much
shorter time frame than the 60 days included in the document that you executed.
If you have any questions, please feel free to call me at (305) 292-3470.
Sincerely,
ACT ;irk
Suzanne A. Hutton j ���� t
SAH/dct Assistant County Attorney
cc: Scott Lewis/
Ann Riger ✓
Dent Pierce
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
FContractith: Synagro Southeast, Inc.
Contract #
Effective Date: 12/01/03
Expiration Date: 11/30/04
Contract Purpose/Description:
O eration and Maintenance of the wastewater treatment plant located at the
Fntation Ke Government Co m 1 X.
Contract Manager: Ann Riger
(Name)
4549 Facilities Maint/Stop #4
(Ext.) (Department/Stop #)
for BOCC meeting on 11/19/03
Agenda Deadline: 11/04/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 15000 app Current Year Portion: $ 12,000.00
Budgeted? Yes® No ❑ Account Codes: 001-20501-530-340-
Grant: $ NIA
County Match: $ N/A - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ Jyr For:
of included in dollar value above e . maintenance, utilities janitorkA salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed
Division Director f lo7 Yes❑ No0
Risk Management /01ay/03 YesE'NNoO l0%8�a3
O.M.B./Purchasing ID(U103 Yes❑ No� 3
County Attorney f Q���/� 3YesO No'161Z,5 03
Comments: -The CerikVi"-93rtvrancIO 0AqAeJ S60.s J-
64✓,c 14%e ciPDI"apf. eC� au!<u r Txc -forms i ndicafeg 1N �• 1) A��
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OMB Form Revised 2/27/01
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CONTRACT
THIS AGREEMENT, made and entered into this 191h day of November, 2003, A.D., by and
between MONROE COUNTY, FLORIDA , (hereinafter sometimes call the "owner"), and
Synagro Southeast, Inc. (hereinafter called the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow:
1.00 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part,
consists of the contract documents.
1.01 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.
1.02 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
Plantation Key Government Complex
Monroe County, Plantation Key, Florida
And his bid dated May 13, 2003, 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.
1.03 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 301h 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 $750.00 per month
(as outlined in the contract specifications)
• Repairs (routine, prior approval required). Normal
working hours of 8:00 a.m. to 5:00 p.m. Monday
through Friday, beyond the $500.00 limit $55.00 per hour
• Emergency service call. Overtime rate for hours
other than the normal working hours as stated
above, including weekends and holidays $110.00 per hour
• Handling fee for parts required for operation,
maintenance, repairs, and emergency service Cost + 20 %
• Sludge removal (beyond four per year required
as regular maintenance) $0.20 per gallon
1.04 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.
1.05 TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of one (1) year, commencing December 1, 2003 and
terminating November 30, 2004.
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-U) for the most recent twelve (12)
months available.
2
1:06 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
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including 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.
1.07 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.
1.08 ASSURANCE AGAINST DISCRIMIlNATION
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.
1.09 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.
1.10 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
said statutes, ordinances, rules and regulations shall constitute a material breach of this
agreement and shall entitle the Board to terminate this contract immediately 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.
1.11 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, GL1,
VL1, and POL1, 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.
1.12 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.
1.13 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.
1.14 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
1.15 CANCELLATION
FOR CONTRACTOR
Synagro Southeast, Inc.
5198 Overseas Highway
Marathon, FL 33050
4
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.
1.16 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida. In the event of any
litigation, the prevailing party is entitled to reasonable market value attorney's fees and
costs.
1.17 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 WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
IM
Deputy Clerk
Date:
(SEAL)
Attest:
WITNESS
Title:
IM
WITTNESS
Title:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
Mayor/Chairman
CONTRACTOR
SYNAGRO SOUTHEAST, INC.
an
Title:
MONROE COUNTY ATTORNEY
AP OVED AST
tUZANNE`A.-HC1rTON
ASSISTANT QOUyy.TY ATTORNEY
Date- /i 9/a3