Item C28
BOARD 01' COUNTY COMMlSSIONDtS
AGENDA ITEM SllMMAIlY
Meeting Date: 1une 16~ 17.. 2004
Division: Public Works
Department: Facilities Maintenance ~ ~....
Bulk Item: Yes -L No
AGENDA ITEM WORDING: Approval to renew the contract with Synagro <Southeast, Inc. for the
operation and maiDtenanee of the wastewater treatment plant located at the Marathon Government
Center.
ITEM BACKGROUND: On August 31,2004, the current contract with Synagro will expire. Staff
r~ renewing the oontract for the 11aa1 oae-yeaf option to renew in aocordaDce to Article 6B 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. oootrG with Synagro of Florida - Ami-PoDutioD. IDe. an401l July 1 S,. 2003
the BOCC approved the first of two options to renew the contract for a one-year period.
CONTRACT/AGREEMENT CHANGES: Contract name changes from Synagro of Florida - Anti-
po.nll-t~ 1Bc. to Synagro S<Mltbeast...IDc.. and reoewal to ~ onSept.mer 1. 2004aa4 expire
August 31, 2005. Contract fees remain the same.
STA.JlF JU:C01\Il\IENDATIONS: Approval &s.u&oc1 above.
TOT.ALCDST:.a UiB T .. '.
$45.00 per hour renairs - replar hours
$67.50 emeq-~ cans - overtime
.sc:..t.... J4!J4_ . ~ Ma...
$Cost + 200/0 81,,11,,-: removal
BtlDGEI'EIk Ya -L No
COST TO COIlNTY; .~ _above
SOUIlCE OF I1JNDS: w V..,----
KEVEN1JE PRODl1C1NG: Yes
NoX
AMOtmT PER MONTII_ Y.....
APPltOVEDBY: County Ally -L OMBl.Pw.l"'lua"'~g X
IWik tvrOftog:-ont _X_
DMSION DIRECTOR APPROVAL:
t~~~-
Deot PMu:Q8,.lNecWr PubIiG Works
DOC1JMENTA'DON:
J~ X
To FoDow
Not Required_
DJSPOSI'DON:
~lTUI. ~2g
....1111 UM
~~)t SYN'AIGRQ
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A Resid1/als Management Company
May 13, 2004
Monroe County Public Works Division
Facilities Maintenance Department
Ann M. Riger, Contract Manager
3583 S. Roosevelt Boulevard
Key West, FL 33040
Re: Marathon Government Center
Dear Ann,
In accordance with article 6B of the original contract dated May 15,2002, we at Synagro
wish to renew the contract for the final option of a one-year period.
If you have any questions, please give me a call at (305) 289-2204.
Sincerely,
David Evans
Senior 0 erations Manager
--~
r'Rt1~~~E.T'!~D
MAY 1 7 2004
!BY:
5198 Overseas Highway, Marathon, FL 33050 · Ph: (305) 289-2204 . Fax: (305) 289-2297
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contiact with:
Synagro Southeast
Contract #_
Effective Date:
Expiration Date:
09/01/04
08/31/05 .
Contract PurposelDescription:
To renew the contract for the 0 . on and maintenance of the wastewater treatment
I at the M thon Government Center.
Contract Manager: Ann Riger
(Name)
4549
(Ext. )
FacilitieslSto #4
(Department/Stop #)
for BOCC meetin on
06/16/04
enda Deadline: 06/01l04
CONTRACT COSTS
Total Dollar Value of Contract: $ 15,000 App Current Year Portion: $ 1,250.00
Budgeted? Yes~ No 0 Account Codes: 001-20501-530-340-
Grant: $ N/A -_-_-_-_
County Match: $ N/A __- __-_
ADDmONAL COSTS
Estimated Ongoing Costs: $----.!yr For:
(Not included. in dollar value above) (eg. maintenance. utilities. janitorial. salaries. etc.)
CONTRACT REVIEW
Changes
gattj In Needed
Division Director 5/.!:1.1i 1 YesD NoD
Risk Management 5"Y~q Yes[] ~
O.MB.IPurclmsing~ y..oN~ ~~..,/.a
County Attorney S/2if}~ YesD NoS" ~ l1.1-
Date Out
"
"j; /0
$~f /0
Comments:
OMB Farm Rerised 1.fl7101 MCP 'If1.
_~A<rREE~
(Opendioa and M~ of the Sewap T~ Plant at the Marathon Governmcat Center)
. nus Renewal is made and entered into this 1~ day of June>> 2004>> between MONROE
COUNTY.. FLORIDA and SYNAGIlO SOUTHEAST.. INC. WHBRBAs, it is de8ired to reaew
the agreement between the parties dated May 15, 2002, and renewed on July IS., 2003 (copies
which are incorporated hereto by reference), NOW THBRBF~ the parties agree 88 follows:
I. Formally chaoae the name of the contract to nd1ect corpotate restructuriJJg ftom
Synagro of~ Anti-PoDution, Inc. to Synagro ~atheast Inc.
2. In accon:Iaace with Article 6B of the original Agreement dated May 15; 2002, the
County wishes to exereise the final option to renew the Asreeme.nt fur an additional
ono-year period.
3. The term of the renewed Agreement will commence on September 1, 2004 and will
termil\8te on Ausust 31, 2005.
4. In aU other respects, the oripJaJ agreement between the parties dated May IS, 2002
and as renewed on 1uIy IS, 2003.. remain, in tbU force and effect.
IN WITNESS WHBRBOP, the parties have hereunto set their hands and seal, the day and
year first written above.
(Seal)
AtteIt: DANNY L. KOLHAGE, CLERK
BOARD 011' COUNTY COMMISSIONERS
OF MONOD COUNTY. FLORIDA
By:
Deputy Clerk
By:
WitDess
SYNAGRO SOUTHEAST. INC.
W"Jtuea
By:
Title
.,
RENEWAL AGREEMENT
(Operation and Maintenarice Sewage Treatment Plant at the Marathon Government Center)
THIS Renewal is made and entered into this 15th day of July, 2003, between MONROE
COUNTY,. FLORIDA and SYNAGRO OF FLORIDA - ANTI-POLLUTION, INe. in order to
renew the agreement between the parties dated May 15, 2002 (a copy with is incorporated hereto
by reference), as follows: "
I. 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 I, 2003 and
terminate on August 3 I, 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
,,~.. C~OI i~~ d fi . b
,,~'fi':;'~.(.,~\ an year lrst wntten a ove.
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"\\...."-...'AtteSi:: 'DANNY L KOLHAGE, CLERK
......Br~
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Witness
BOARD OF COUNTY CO~ISIONERS
OF MO~07 COill[fY, FLORIDA
~?J~ m ~
By:
SYNAGRO OF FLORIDA-ANTI-POLUTION, INC.
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Title
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CONTRACT
TIITS AGREEMENT, made and entered into this lSTIl day of May, 2002, A.D., by and between
MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner"), and Synagro of
Florida;- Anti-Pollution, Inc, I (hereinafter called the "Contractor").
That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow:
.
1. 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. THECONTRACTSUM
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
t,. . other than the normal working'hours as stated
above, including .:ekends and holidays
~?,.so
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)
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/RENEWAL
A. This contract shall be for a period of one (1) year, commencing 09/01/02 and terminating
08/31/03 .
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-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
.
death), personal lnJurv, and property damage (including pr"perty owned by Monroe
County) and any otl losses, damages, and expenses (inclL .1g 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 maiptain 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 shan 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
Said statutes, ordinances, rules and regulations shall constin'+* a material breach of this
agreement and shall .tle the Board to tenninate this contra\. .mmediately 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 shaU 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 WCl, GL1,
ED1, and VLl, 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 aU 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 ofits intention to do so.
. '17., 'OOVERNmGLAWS
This Agreement is E. .ned by the laws of the State of Flor. " 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 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.
Date: V11;;,
It" z..o 0 z.
.
(SEAL)
Attest:
CONTRACTOR
Synagro of Florida - Anti-Pollution, Inc.
By: ~c; ____ ~
By 7?~otJ.~
.
Title: ~. ~.
Title: c:ip:/]8/lA..T7.....J;::. Z>r-"{..>::c-- C"L
By:A1:fb~
WITNESS
Title: t?' ~ _ . ~