Item C27BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: October 20, 2004 Division: Public Works
Bulk Item: Yes X No
Department: Facilities Maintenance �S•L
AGENDA ITEM WORDING: Approval to rescind renewal agreement with Synagro Southeast, Inc.,
as approved on September 21, 2004, and enter into a modified renewal agreement for operation and
maintenance of the wastewater treatment plant at the Plantation Key Government Complex.
ITEM BACKGROUND: Synagro Southeast, Inc. has requested an increase in the contract price to
cover the County's increased cost of sludge removal from $0.20 per gallon to $0.38 per gallon.
PREVIOUS RELEVANT BOCC ACTION: On November 19, 2003, the BOCC terminated the
contract with American Water Services and entered into a contract with Synagro Southeast, Inc. On
September 21, 2004, the BOCC renewed the contract for the first of two one-year terms.
CONTRACT/AGREEMENT CHANGES: Renew term for one year, increase fees by the CPI-U of
2.99% and increase sludge removal costs from $.20 per gallon to $.38 per gallon (beyond the first four
sludge removal as required as regular maintenance) commencing December 1, 2004, and expiring
November 30, 2005.
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $9.269.16/yr operation &maintenance BUDGETED: Yes X No _
$56.64/hr — repairs, normal hours
$113.29/hr — O.T., after normal hours
$0.38 sludge per gallon (beyond the first four sludge removals as required in regular maintenance)
COST TO COUNTY: Same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes X No _ AMOUNT PER MONTH Year
APPROVED BY: County Atty, OMB/Purchasing Risk Management
DIVISION DIRECTOR APPROVAL: �00
bent Pierce, Director Public Works
DOCUMENTATION: Included To Follow Not Required
DISPOSITION: AGENDA ITEM # C
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Synagro Southeast
Contract #
Effective Date:
12/01/04
Expiration Date:
11/30/05
Contract Purpose/Description:
To renew the contract for wastewater treatment operation and maintenance at the P.K.
Government Com lex.
Contract Manager: Ann Riger
4549
Facilities Maint/St #4
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 10/20/04
Agenda Deadline: 10/05/04
CONTRACT COSTS
I Total Dollar Value of Contract: $ App Current Year Portion: $ N/A
Budgeted? Yes®
Grant: $ N/A
County Match: $
No ❑
N/A
$15,000
Account Codes: 001-20501-530-340-_
ADDMONAL COSTS
Estimated Ongoing Costs: $ lyr For:
(Not included m dollar value above) (e . maintenance
CONTRACT REVIEW
salaries, etc.
Changes
Date In i Needed ewer
Division Director 0 0 Yeses NoD _J -
Risk Management~5 YesO NoD
O.M.B./Purchasing �vItl� YesEj No[f K
County Attorney rt' a/ Yes❑� No-�
ti
I Comments:
v1Y1D FUIM rWVI U L/L HUI NUX WL
Date Out
V
RENEWAL AGRE_EARW
Operation and Maintenance Sewage Treatment Plant at the plantation Key Government Complex
THIS Renewal is made and entered into this 2& day of October, 2004 between MONROE
COUNTY, FLORIDA and SYNAGRO SOUTHEAST INC. in order to renew the agreement
between the parties dated November 19, 2003 (a copy which is incorporated hereto by reference), as
follows:
1. Exercise the first of two one-year renewal options in accordance to Article 1.05 B of
the original contract dated November 190' 2003, and adjust the contract amoum 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. Monthly Operation and Maintenance charges shall increase 2.99% from $750.00 per
month to $772.43 per month. Repairs during normal working hours beyond the
$500.00 limit shall increase from $55.00 per hour to $56.64 per hour. Emergency
service calls for overtime hours shall increase from $110.00 per hour to $I 13.29.
3. Sludge removal (beyond the first four required as regular maintenance per year) shall
increase from $0.20 per gallon to $0.38 per gallon.
4. The term of the renewed agreement will commence on December 1, 2004 and
terminate on November 30, 2005.
5. In all other respects, the original agreement between the parties dated November 19,
2003, remains in filn force and effect.
IN WITNESS WBEREOF, the parties have hereunto set their hands and seal, the day
and year first written above.
(Seal)
Attest: DANNY L KOLHAGE, CLERK
By:
Deputy Clerk
witness
wiftless
C774.17-
- TTON
T. AWIS- 6 Q yATTORNEY
BOARD OF COUNTY COMMISIONERS
OF MONROE COUNTY, FLORIDA
By:
SYNAGRO SOUTHEAST, INC.
U3
Title
CONTRACT
THIS AGREEMENT, made and entered into this 19`h 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 sup}�lies 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.atfached. hereto and incorporated as part of
this contract docunteut.. The "specifications shall serge as minimum contract
standards, and shalt be the basis of inspection and acceptance of ali 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 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 $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 $5()0.00 limit $55.00
__._.._per hour
• t�mcrgcnc�- service call. Overtime rate for hours
other than It formal working hours as stated
above, inclt,,ng weekends and holidays $11() 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
a
investigations to fully satisfy himself that such site is correct and a suitable one forlthis
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
Contractor, immediately after Notice to Correct shall entitle on the part of thethe 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 Co
with the specifications. ntract and
1.05 TERM OF CONTRACT/RENEWAL
A. This contract shall be fora period of one (1) year, commencing December 1, 2(X)3 and
terminating November 30, 2004.
B. The Owner sliall have the option to renew (his agreement after the first year, and each
succeeding year, for two add'
herein might be adjusted onm
al one year periods. The Contract amount agreed to
anin accordance with the percentage change in the
Consumer Pricc Index for all urban consumers (C M-U) for the most recent twelve. 12
montlis available. ( )
►J
1,06 HOLD HARMLESS
The Contractor cove„ants and agrees to indemni
Board of County Commissioners from any and a l claims orand hold �bodily Sinljuryr� (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
ady 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 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.
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 COmmissiOhers for
Monroe County and Contractor, which approval shall be subject to such conditions and
provisions as the Board may dccm necessary. This paragraph shall be incorporatccl by
reference' into any assignment or subcontract and any assignee or subcontractor %hail
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 ohlibation
upon tile hoard in addition to the total agreed -upon price of the services/goods of the
contractor.
3
L,10 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the contractor shall abide b
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 WCl, GLl,
VLl, and POLL, 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 FOR CON"I'RAC"['UIt
Monroe County ! ac ililics Maintenance
3583 S. Roosevelt 13Iv( 1. Synagro Southeast, Inc.
Key West, FL 33040 5198 Overseas Highway
Marathon, I=L, 33050
1.15 CANCELLATION
4
A) t ne (:ounty may cancel this contract for cause with seven (7) days notice to the
contractor. 'use shall constitute a breach of the of rations of the Contractor to
perform th4 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.
I.I6 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 attorneys 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 a in four (4) counterparts, each of which shall, without proof or accounting for
Q s, be deemed an original contract.
-< � ¢ r BOARD OF COUNTY CON MISSIONERS
I �[ LHAGE, CLERK OF MONROE COUNTY, FLOIDA
Deputy Clerk By:
Mayor/Chairman
Date: //-/9-03
(SEAL) CONTRACTOR
Attest: SYNAGRO SO AST, INC.
By:�if
WI SS By:
Title:
Title: S` 'Z
[3y .. -
WITNESS MONROE COUNTY ATTORNEY
ff APPROVED AS T ��FM
:
1 itic L%j
P
l UZANNE A. NUTTON
ASSISTANT OUI TY ATTORNEY
Dale----1..:l6�`.__
Leto -Beth
From: Leto -Beth
Sent: Tuesday, October 19, 2004 2:24 PM
To: 'Putom@ci.marathon. fl.us'
Cc: Roberts -Jim; Pierce -Dent
Subject: Proposed Renewal Agreement to use County Meeting Room
Mike,
1 tried to contact you several times regarding the renewal agreement for the City to use the County's meeting
room facility.
Here's an alternate proposal that I would like to present to the BOCC at tomorrow's meeting:
• Public Works staff charge remains $5855.85 for 26 meetings at 41/2 hours per meeting;
• Technical Services staff charge remains $5,620.68 for 26 meetings at 41/2 hours per meeting;
• Tech. Services Equipment charge be reduced from $14,625 ($125 per hour for 26 meetings at 41/2 hours
per meeting) to $7,312.50 (one-half less).
This brings the yearly contract total down from the proposed $26,101.53 to $18,789.03.
Full charges to be implemented in subsequent agreements.
I hope this meets with your approval.
Thanks,
DENT PIERCE
10/19/2004
C.a