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Item C02 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Qate: August 18. 2004 Division: Public Works Bulk Item: Yes --X- No Department: Facilities Maintenance ::1.L AGENDA ITEM WORDING: Approval of a Contract Amendment with Synagro Southeast Inc. increasing the contract price for the operation and maintenance of the wastewater treatment plant at the Roth Building by the CPI-U. ITEM BACKGROUND: Per letter dated June 30, 2004, Synagro is requesting an annual adjustment to contract rates based on the Consumer Price Index for all Urban Consumers, in accordance with Article 6 B of the original contract dated May 15,2002. The adjustment shall be for the contract period commencing June 1, 2004, and expiring on May 31, 2005. 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., and on May 21,2003 the BOCC approved the first of two one-year options to renew the contract, and on April 21, 2004 the BOCC approved the final option to renew. CONTRACT/AGREEMENT CHANGES: Fees increase by. the CPI-U as of May, 2004, of 3.1% commencing June 1, 2004, and expiring May 31, 2005. STAFF RECOMMENDATIONS: Approval as stated above. TOTAL COST: S14.011.32oner&maint $46.40 nee hour reoairs - relZUlar hours $69.59 f!IlIen>P.I1r.V calls - overtime Cost + 20% for materials Cost + 20010 sluds!e removal BUDGETED: Yes -L No COST TO COUNTY: Same as Above SOURCE OF FUNDS: Ad Valorem REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty -L OMBlPurchasing X Risk Management _X_ ~{2 ~ rkr. Pierce, Director Public Worb DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included X To Follow Not Required_ AGENDA ITEM #_~/'P-- DISPosmON: Revised 1103 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Synagro Southeast, Inc. Contract #_ Effective Date: Expiration Date: June 1, 2004 May 31, 2005 Contract Manager: Ann Riger (Name) 4549 (Ext.) Facilities MaintlSto #4 (Department/Stop #) for BOCC m . on 08/18/04 enda Deadline: 08103/04 CONTRACT COSTS Total Dollar Value of Contract: $ $15,500 app Account Codes: 001-20501-530-340- CWTent Year Portion: $ 6,000 app Budgeted? Ye~ No 0 Grant: $ N/A County Match: S N/A - - - - - - - --- - - - --- ADDmONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. lllmntenance, utilities, janitorial, salaries. etc.) CONTRACT REVIEW Changes Date Out ;l?,a~~.~ Needed / JJ Revi~ ( DivisionDirector '1~1 YesDNoD ~ ~JI'~-, RiskManagement l~ct{ YesDNoe:f nJ.~ -()f O.MB.lPurchasing ~ YesDNo0'" ?~~ County Attorney ~DlfYesD NoQ7' ~ Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACT AMENDMENT Operation and Maintenance Sewage Treatment Plant at the Roth Building (Old Mariners Hospital) THIS Amendment is made and entered into this 18th day of August, 2004 between MONROE COUNTY, FLORIDA and SYNAGRO SOUTHEAST INC. in order to amend the agreement between the parties dated May 15, 2002, and as renewed on May 21st, 2003, and April 21,2004 (copies which are incorporated hereto by reference), as follows: 1. In accordance with Article 6 B of the original agreement dated May 15, 2002, the Contractor requests an annual adjustment in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent twelve months available. 2. The Contract Sum shall increase by the CPI-U of 3.1 % as follows: · Monthly Operation and Maintenance Services from $1,132.50 per month to $1,167.61. · Repairs during normal working hours beyond the $500.00 limit from $45.00 per hour to $46.40 per hour. · Repairs during overtime hours including weekends and holidays from $67.50 per hour to $69.59 per hour. 3. In all other respects, the original agreement benyeen the parties dated May 15,2002, and as renewed on May 21, 2003, and April 21, 2004, remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. (Seal) Attest: DANNY L KOLHAGE, CLERK BOARD OF COUNTY COMMISIONERS OF MONROE COUNTY, FLORIDA By: Deputy Clerk By: Wi1ness SYNAGRO SOUTIIEAST, INC. Witness By: Title UZAN", :. :ON _ ASSISTANT 1idi;~ J', ;H;~;;:Y Date 7; ~ RENEWAL AGREEMENT Operation and Maintenance Sewage Treatment Plant at the Roth Building (Old Mariners Hospital) rins Renewal is made and entered into this 2IIt day of April. 2004 between MONROE COUNTY, FLORIDA and SYNAGRO SOUTHEAST INC. WHEREAS, it is desired to renew the agreement between the parties dated May IS, 2002, as previously renewed on May 211t, 2003, (copies which are incorporated hereto by reference), NOW THEREFORE, the parties agree as follows: 1. Formally change the o. name of the contract to reflect corporate restructuring from Synagro of Florida, Anti-Pollution, Inc. to Synagro Southeast, Inc. 2. In accordance with Article 6 B of the original agreement dated May 15,2002, the County wishes to exercise the final option to renew the Agreement for a one-year p$iod. 3. / The term of the renewed agreement will commence on June I, 2004 and terminate on May 31, 2005. 4. In all other respects, . the original agreement between the parties dated May IS, 2002, and as renewed on May 21, 2003, remains in full force and effect. BOARD OF COUNTYCOMMISIONERS OF MONROE COUNTY'FIfRIDA Br-~ - ~.~ ~~ Witness SYNAGRO SOUTHEAST,INC. ~~ SFi D/MV $I.... .,#J~ Title Mf~\IPO!.: COUNTY ATfORNEY h"': ro,,)': ~"() AS T . R' I 00 0__0." :/... ~ t o.NiE A. U 0 ""'. "~(!srIFRNEY ~.. It. . BENEWALA~ (Opecation and Maintenance Sewage Treatment Plant at the Old Marineo Hospital) TInS Renewal is made and entered into. this 21st day of May 2003, between MONROE coUN"O'", PLORIDA and SYNAGRO OF FLORIDA - ANTI-POUUTlON, INC. in order to renew the agreement between the parties dated May 15, 2002 (a copy with is incorporated hereto byrefecence), as follows: L 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 June I, 2003 and 1lmninate on May31, 2004. 3. In all other respects, the original agreement between the parties dated May IS, 2002 JP.I1Uti1J,in full force and eJfect.. . BOARD OFCOUNTYCOMMISIONBRS OF MONROE COUNTY, FLORIDA Dr- 44# 277. ~ ~~ 17~ SYNAGRQ OFFLORIDA-ANlI-POLUTJoN. JtitC. Dr-~ ~V'-o , 6'v~.s .5~ ~~ ~#""4Cc Tide Dr-T~ . . CONTRAer lHIS AGREEMENT. made and enteJ:ed into this 15th day of May, 2002, AD., by and between MONROE COUNlY, FLORIDA, (hereinafter sometimes call the "owner"), and Synagro of Floric18 - Anti-Pollution, Inc. , (hereina:fter called the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. THE CONTRACI' The contract between the owner and the contractor, of which this agreement is a part, cOnsists of the contract documents. 2. THECONTRACI'DOCUMENTs The contract documents consist of this agreement, the specifications, allcbange 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 sha1l provide operation & maintenance, repairs, and aJIservices to comply with DEP requirements, including aU n~ supplies and equipment. required in the performance of same, and perform aU of the WOtt descn"bed in the Contract Specifications entitled: 0perati0ll. & MaJateaaDee ~eTrea~t.PJaat TIle Old MariaersB~ M<<>>nroe C01lD.ty,Tavemier, Dorlda And his bid dated April 11, 2002, ~ attached hereto and inco1porated as part of this contract docmnent The specifications.shall save.as mini111'QD1 contract standards, and shall be the basis of inspection and acceptance ofallthe wade. 4. THE CONTRAcr SUM The County shall pay to the Contractor for the fBithful performance of said service on a per month in arrears basis on.or before the 30111 day of thefoHowingmonth in each of twelve (12) months. The Contractor shall invoice the County monthly for sewage 1reatment 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 woddng hours of8:oo am. to 5:00 p.m. Monday tbro1lgb.Friday, beyond the $500.00 limit · EmClgency service call. Overtime rate for homs $1.132.50 per month $ 45.00 per hour other than the normal working hours as stated above, including weekends and holidays $ 6750 per hour · Fland1i1'\g fee fOr parts required fOr operation, maPiteDance, repaiIs, and emergency service Cost+ 20 % · Sludge removal (beyond four per year required as tegUlar maintenance) Cost+ 20 % S. CONTRACI'OR'S ACCEPTANCE OF CONDmONS A. The Contractor hereby agrees that he has carefully examined the site and has. made investigations to fully satisfY himself that such site is co1TeCt and a suitable one for this worlc and he assmnes :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 sutliciency for the work to he done. Under no cireumstances, conditions, or situations shall this Contract be more sfronglyoonstrued ~nst the Owner than ~inst the Contractor. B. Any ambiguity or uncertainty in the specifications sha11 be intelpJ:eted and construed by the Owner, and his decision shall be final and bindj1l8 upon all parties. C. The pa~1lg. approval,.andlor acceptance by the.Owner of any of the servicesfumished by the Contractor shall not operate as a waiver by the Owner of strictcomp1iance with the teansof this Contlact, and specifications coveringtl1e secv1ces. . F8i1ure on the part of the Contractor, immediately del" Notice to CorrectsbaD entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost ofsuch replacem.ent and/or repair from the Contractor, who shall in any eventbe jointly and severa1ly liable to the Owner for all ~ loss, and expense. caused to the Owner by reason of the Contractor's breach of tbisCo1itract andlor his fiUlureto comply strictly and in all tbingswith this Contract and with the specifications. 6. TERM OF CON1RACTIRENEWAL A This contract shall he for a period of one (1) year, commencing June 1, 2002 and terminafirlg 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 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 consmners (CPI-U) for the most recent twelve (12) months available. 7. HOLD HARMLESS The Contractor covenants and agrees to indemnify and hold harmless Momoe County Board of County Commissioners ftom any and all claims for bodily hgury (including death), personal injury, and property ~age (including. property owned by Monroe County) and any other losses, dRf11age8, and expenses (including attorney's fees) which arise out ot: in connection with, or by reason of services provided by . the Contractor or any of its Subcontnlctor(s) in any tier, occasioned by the negligence, errm:s, or other ~ 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 worlc of others) is delayed or suspended as a result of the Contractor's failure to purchase or msUnta1n the required insurance, the Contractor shall indemnify the COunty ftom any and all increased expenses resulting :from suCh delay. The first ten dollaIs (SIO.oo) 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 oranyofhislheremployees, contractors. servants, or agents to be employees of the Board of County Commissioners for Monroe Comty. 9. ASSURANCE AGAINST DISCRIMINATION The Contractor shall not discriminate 89in~ any person on the basis of race, creed, color, national origin, sex, age, or any other charad:eristic or aspect which is not job related, in its recruiting, hiring, promoting, terminat11'lg, or any other area a:ffecting employment under this agreement or with the provision of services or goods under this agreement. 10. ASSIGNMENT/SUBCONfRACT The Contractor shalI 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 Contmctor, which approval sballbe subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by refe1ence into any assignment or subcontract and any assignee or subcontractor sbaIl 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 sball abide by all statutes, ordinances, roles and regulation pertaining to, or regulating the provisions ot: 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 mtitle the Board to tenninl\te this contract immediately upon delivery of Wl;itten notice of termination to the contractor. The contractor shall possess propec ,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 <>>ner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X' on the attached formsidentitied as INSCKLST 1-5, as further detailed on forms Wel, GL1, EDl"and VL1, each attached hereto and incorporated as part of this contract docmnent, 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. lot- the purchase of the services/goods specified herein, this agreement may then be tennil)RtAd immediately at the option of the Board of County Commissionecs .by written notice.of terminJltion 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 RESPONSmll..lTY The Contractor wanants that it is authorized by law to engage in the performance of the activities encompassed by .the project herein desaibed, subject to the terms and conditions set forth in these contl1lct documents The.provider..shall at.alltimes exercise independent, professional judgment and shall assume professiona1responsibility fur the services to be provided. Continued funding by the Owner is contingent upon retamOn of 8pplOpriate local, state, and/or federal certification and/or licensure of contractor. 15. NOnCE 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 COUNlY Monroe County Facilities Maintenance 3583 S. Roosevelt Blvd ICey West, FL 33040 FOR.CONrRAcrOR 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 terminSlte 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. i1.: OOVElUnNoLA1' . This ~ Is 8-.emed by the /aWl! of the Stale of Florida. Venue 10c Illy ~ arising under tIJis A8reement nwst be in Moaroe Colmty, 1'Iorida. In the em of any litigation, ,the prevailing party is entitled to attorney's. fees and costs. ..~. .. ~. ,. ... 18. CONTINGENCY STATEMENT ~rime Couoty's ~ and obligation to pay wuIec tIJis CODtIact is .-n.sem upon an annual appropriation by the Monroe County Board of County Commissione[s: - '. IN ~ WHFREoF the parties hereto have executed tIJis Asreemeot 00 the day slid date M~ve in fOur (4) eounterp~ each of which shall, without proof or 8Q:QlIIIiog file ..~l .. ])9-!~I:\CdUritem~ be deemed an ongllw contract. ...~ --= 23 (\.;.,\"'''"'f . ~ "'"111 .J...-j ......y~\'P\; ;10. 5-.... .:~ f;) t~ :':J\:ii:"l~. KOlHAGE CLERK ~~~.. ......,.;.~ J.~"#},t , ~jj ~. eputy Clerk Date: 7/11~ I~ %.002. BOARD OF COUNTY COMMIsSIONERs OF MONROE CO , FLOIDA By: (SEAL) Attest: BY:.7?~~ Title: ~~J C2:?.-c?..:77" CONTRACTOR Synagro~fFlorida -- Anti..PoUution, Inc. By:~.-, ~.. TItle: 09&-t4/7~-?. ..l>......e2c.:.~ BY:~~~; Title: ~~ 4rd.