Item D25
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 16, 2006
Division:
Public Works
Bulk Item: Yes X
No
Department: Facilities Maintenance
Staff Contact Person:
John W. King
AGENDA ITEM WORDING: Approval of a renewal agreement with Synagro Southeast, Inc. for
operation and maintenance of the wastewater treatment plant at the Marathon Government Center.
ITEM BACKGROUND: On August 31, 2006 the current contract with Synagro Southeast, Inc. will
expire with two one-year options to renew. Staff recommends exercising the first of two options to
renew the contract for an additional one-year period in accordance with Article 6B of the original
contract dated August 18,2005.
PREVIOUS RELEVANT BOCC ACTION: On August 18,2005, the BOCC approved award of bid
and execute a contract with Synagro Southeast, Inc. for the operation and maintenance of the
wastewater treatment plant at the Marathon Government Center.
CONTRACT/AGREEMENT CHANGES: Renewal to commence on September 1,2006 and
terminate on August 31,2007, and an increase in cost by the CPI-U of 4.3% as follows: Monthly
Operation and Maintenance charges shall increase 4.3% from $927.00 per month to $966.86 per
month. Repairs during normal working hours beyond the $500.00 limit shall increase from $55.00 per
hour to $57.37 per hour. Emergency service calls for overtime hours shall increase from $82.50 per
hour to $86.05.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: NTE $25,000
BUDGETED: Yes X No
COST TO COUNTY: same
SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty. _ OMB/Purchasing _ Risk Management _
DIVISION DIRECTOR APPROVAL:
cJ)ent Pierce
DOCUMENTA TION:
Included X
Not Required_
DISPOSITION:
Revised 2/05
AGENDA ITEM #
MEMORANDUM
DATE:
July 26, 2006
TO:
Dent Pierce, Division Director
Public Works
FROM:
John W. King, Sf. Director
Lower Keys Operations
RE:
Agenda Item ~ August 16, 2006 BOeC Meeting
Key Largo - Synagro Southeast/Marathon
On August 31, 2006 the current contract with Synagro Southeast, Inc. will expire with two
one-year options to renew. Staff recommends exercising the first of two options to renew
the contract for an additional one-year period in accordance with Article 6B of the original
contract dated August 18,2005.
On August 18, 2005, the BaCC approved award of bid and execute a contract with
Synagro Southeast, Inc. for the operation and maintenance of the wastewater treatment
plant at the Marathon Government Center.
I hereby request approval of a renewal agreement with Synagro Southeast, Inc. for the
operation and maintenance of the wastewater treatment plant at the Marathon Government
Center. This renewal will commence on September I, 2006 and terminate on August 3 I ,
2007, and an increase in cost by the CPI-U of 4.3% as follows: Monthly Operation and
Maintenance charges shall increase 4.3% from $927.00 per month to $966.86 per month.
Repairs during normal working hours beyond the $500.00 limit shall increase from $55.00
per hour to $57.37 per hour. Emergency service calls for overtime hours shall increase
from $82.50 per hour to $86.05.
JWK/jbw
Enclosures
, SYNAGRQ
RECF.T"ED
JUN 0 8 2006
BY:~
A Residuals Management Company
6/5/2006
Monroe County Public Works Division
Facilities Maintenance Department
Jo Walters, Contract Monitor
3583 South Roosevelt Boulevard
Key West, FL 33040
Dear Jo,
On August 31, 2006, our current contract for the Operation and Maintenance of the
Sewage Treatment Plant at the Marathon Government Center will expire.
In accordance with article 6 (B) of the original contract dated August 18, 2005, we at
Synagro wish to renew the contract for the first of two one-year options.
In addition, we wish to increase the contract by the percentage change in the consumer
price index for all urban consumers (CPU-U) for the most recent twelve months
available.
If you have any questions, please call me at the number listed below.
~~~~relY:?=,,__.:-=~~_..... j
./ > _;? T_'~>
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L-'1:Jave Evans
Senior Project Manager
5198 Overseas Highway, Mararhon, FL 33050. Ph: (05) 289-2204. Fax: (305) 289-2297
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Synagro Southeast Contract #_
Effective Date: 09/01106
Expiration Date: 08/31/07
Contract PurposelDescription:
Operation and Maintenance of the Wastewater Treatment Plant at the Marathon
Government Center
Contract Manager: JoB. Walters 4549 Faclities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 08/16/06 Agenda Deadline: 08/01/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 25,000
NTE
No D Account Codes: 001-20501-530-340-_
Current Year Portion: $
1,500.00
Budgeted? Yescg]
Grant: $ N/A
County Match: $ N/A
- - - -
---~-
- - - -
---------
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
~~
Changes ~.. Date Out
Date In Needed . Re' 'w \.
Division Director YesD NoD .-~
.. . 'y~ 1\ C:' tl .. ()
Ri;' M8illl~r.;:;~lo ! J, I'q;; YesO No[Y l\ ll,cJ; iILUJe, .::> (.
O,M.BJPurch1sing _ YesO No~ ~.L~..# 8"
CountyAttomey ,pI/IN YesONoB" ~~ -.::i1-tJ~
Comments:
OMB Form Revised 2/27/01 Mep #2
RENEWAL AGREEMENT
Operation and Maintenance Sewage Treatment Plant
Marathon Government Center
Marathon, Florida
THIS Renewal is made and entered into this day of August, 2006 between MONROE
COUNTY, FLORIDA and SYNAGRO SOUTHEAST INC. in order to renew the agreement
between the parties dated August 18, 2005 (a copy which is incorporated hereto by reference), as
follows:
1. Exercise the first of two one-year renewal options in accordance to Article 6.B. of
the original contract dated August 18, 2005, and adjust the contract amount 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 4.3% from $927.00 per
month to $966.86 per month. Repairs during normal working hours beyond the
$500.00 limit shall increase from $55.00. per hour to $57.37 per hour. Emergency
service calls for overtime hours shall increase from $82.50 per hour to $86.05.
3. The term of the renewed agreement will commence on September 1, 2006 and
terminate on August 31, 2007.
4. In all other respects, the original agreement between the parties dated August 18,
2005, 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
SYNAGRO SOUTHEAST, INC.
Witness
By:
Witness
Title
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CONTRACf
TIllS AGREEMENT, made and entered into this 18th day of August, 2005, AD., by and
between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the "owner" or
"'County"), and Synagro Southeast, Inc. (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 tbe contractor, of which this agreement is a
part, 'consists oftbe contract documents, as specified in paragraph 2.
2. THE CONTRACf DOCUMENTS
The contract documents consist of this agreement, the specifications, the DEP
Operating Permit, all change ord~ 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 all necessary supplies and equipment required in the
performance of this contract, and perform all of the work described in paragraph
40, and in his bid entitled: S c:. g
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OPERATION & MAINTENANCE
SEWAGE TREATMENT PLANT
MARATHON GOVERNMENT CENTER
2798 OVERSEAS ffiGBWAY
MONROE COUNTY, MARATHON, FLORIDA
incorporated herein by reference, as part of this contract document. The<.11
specifications shall serve as minimum contract standards, and shall be the basis of
inspection and acceptance of aU the work.
4. THE CONTRACf SUM
The County shall pay to the ContraCtor for the faithful performance of the
contract services 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) shall be invoiced as follows:
. Monthly Operation and Maintenance Services
(as outlined in the contract specifications) $927.00 per month
. Repairs (routine. prior approval required). Nonnal working
Hours of8:oo a.m. to 5:00 p.m. Monday through Friday,
excluding holidays, beyond the $500.00 limit $55.00 per hour
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. Emergency service call. Overtime rate for hours
other than normal hours as stated above, including weekends
and holidays. $82.50 per hour
. Handling fee for parts required for operation, maintenance,
Repairs, and emergency services. Cost + 200.10
. Sludge removal (beyond four per year required as
Regular maintenance) Cost + 12 %
Note: There are no tultIitional costs or reimbursement for travel, mileage, meals, or
lodging.
5. CONTRACTOR'S ACCEPTANCE OF CONDmONS
A The Contraetor 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 Contraetor,
immediately after Notice to Correct shall entitle the Owner, if it sees fit, to
correct the same and recovet the reasonable cost of such replacement
andlor repair from the Conttactor, 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 Contraetor'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 September
1. 2005. and terminating August 31. 2006.
B. The Owner shall have the option to renew this agreement after the first
year for two additional one year periods. The Contract amount agreed to
herein might be adjusted annually in accordance with the percentage
2
change in the Consumer Price Index for all urban consumers (CPI-U) for
the most recent twelve (12) months available.
7. HOW 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 ot: 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 pmchase 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 Contraetor 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 CONTRACfOR
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 hislher employees,
contraetors, ~ 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. ASSIGNMENTISUBCONTRACf
The Contraetor 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, which approval shall be subject to such
conditions and provisions as the Board may deem necessary. This paragraph shall
3
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 ofthe services/goods of the contractor.
ll. COMPLIANCE WITH LAW
In providing all servicesfgoods pursuant to this agreement, the contmctor shall
abide by all statutes., ordinances, rules 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, roles 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 pettorm work in
accordance with these specifications throughout the term of this contract.
12. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, the contractor shall furnish to the Owner Certificates of Insurance
indicating the minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person; $300,000 per Occurrence; and $50,000 Property
Damage.
An Occurrence Form policy is preferred. If coverage is provided on a
Claims Made Policy, its provisions should include coverage for claims filed
on or after the effective date of this contract. In addition, the period for which
claims may be reported should extend for a minimum of twelve months
following the acceptance of work by the County.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
B. Vehicle Liability - include as a minimum:
. Owned, Non-Owned, and Hired Vehicles
4
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person; $100,000 per Occurrence; and $25,000 Property
Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
MUST BE NAMED AS ADDmONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain
a minimum rating of A-VI. as assigned by the AM. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an
authorized self~insurer, the County shall recognize and honor the Contractor's
status. The Conttactor may be required to submit a Letter of Authorization
issued by the Department of Labor and Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the contractor may be required to
submit updated financial statements from the fund upon request :from the
County.
D. Pollution Liability - The minimum limits of liability shall be:
$1,000,000 per Occurrenctl$2,OOO,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting
period of four (4) year will be required.
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 tennination delivered in person or by mail to
5
the contractor. The Board shall not be obligated to pay for any services provided
by the contractor after the contractor bas received written notice of termination.
14. PROFESSIONAL RESPONsmlLI'lY
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 contJactor.
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
16. CANCELLATION
FOR CONTRACTOR
Synagro Southeas1; Inc.
5198 Overseas Highway
Marathon, FL 33050
A) In the event that the contractor shall be found to be negligent in any aspect
of operation maintenance, repair, or seIvice, the County shall have the
right to terminate 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 us intention to do
so.
17. GOVERNING LAWS
Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State.
In the event that any claim, cause of action, administrative proceeding, or suit is
instituted for the enforcement or interpretation of the agreement, the County and
contractor agree that venue shall lie exclusively in the appropriate court or before
the appropriate administmtive body in Monroe County, Florida.
6
The County and Contractor agree that, in the event of conflicting interpretation of
the terms or a term of this agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding.
18. RECORDKEEPING
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid
to Contractor.
19. SEVERABRJTY
If any tenD, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be declared invalid Of unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants,
conditions and provisions of this Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shall be
valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms. covenants, conditions and provisions of this
Agreement would prevent the accomplishment of the original intent: of this
Agreement. The County and Contractor agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as close as possible to the
intent of the stricken provision.
20. ATI'ORNErS FEES AND COSTS
The County and Contractor agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by the circuit court of Monroe County.
21. BINDING EFFECT
7
The terms, covenants; conditions; and provisions of this Agreement shall bind and
inure to the benefit of the County and Contraetor and their respective legal
representatives, successors, and assigns.
22. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law.
23. CLAIMS FOR FEDERAL OR STATE AID
Contractor and County agree that each shall be; and is. empowered to apply fOf;
seek, and obtain federal and state funds to further the purpose of tbis Agreement;
provided that all applications, requests, grant proposals, and funding solicitations
shall be approved by each party prior to submission.
24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of
each of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at a public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties; then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida
law. This paragraph does not supersede the provisions of paragraph 16
concerning cancellation.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance; or breach of this
Agreement, County and Contractor agree to participate. to the extent required by
the other party; in all proceedings. hearings, processes. meetings. and other
activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
26. NONDISCRIMINATION
County and Contractor agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement
automatically terminates without any further action on the part of any party.
effective the date of the court order. County or Contractor agree to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
8
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil
Rights Act of 1964 (pL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 use ss. 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) wbich
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Tfeatment Act of 1972 (pL 92-255), as amended, felating to nondiscrimination on
the basis of drug abuse; 6) The Compfehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (pL 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The
Public Health Service Act of 1912. ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; 8) Title VDI of the Civil Rights Act of 1968 (42 USC s. et seq.) as
amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of 1990 (42 use s. 1201 NoteO, as maybe
amended from time to time. relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of: this
Agreement. Momoe County Code Ch. 13, Art. VI, probibiting discrimination on
the basis of race. color. sex, religion. disability, national origin. ancestJy, sexual
orientation, gender identity or expression, familial status or age. 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently bas any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
28. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313. Florida Statues, regarding. but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position. conflicting employment or
contractual relationship; and disclosure or use of certain information.
29. NOSOUCITATIONIPAYMENT
The County and Contractor warrant tha~ in respect to itself. it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it bas not paid or
agreed to pay any person, company, cotpOration, individual, or firm, other than a
9
bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to tenninate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover.
the full amount of such fee, commission, percentage, gift. or consideration.
30. PUBLIC ACCESS
The County and Contractor shall allow and permit reasonable access to. and
inspection ot: all documents, papers. letters or other materials in its possession or
under its control subject to the provisions of Chapter 119, Florida Statues, and
made or received by the County and Contractor in conjunction with this
Agreement; and the County shall have the right to unilaterally cancel this
Agreement upon violation of this provision by Contractor.
31. NON-WAIVER OF JMMUNITY
Notwithstanding the provisions of Sec. 768.28. Florida Statues, the participation
of the County and the ContractOr in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage. nor shall any contract entered into
by the County be required to contain any provision for waiver.
32.. pRIVB..EGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws.
ordinances. and rules and pensions and relief: disability, workers' compensation,
and other benefits wbich apply to the activity of officers agents or employees of
any of any public agents or employees of the County, when performing their
respective functions under this Agreement within the territorial limits of the
County shall apply to the same degree and extent to the performance of such
functions and duties of such officers agents, volunteers, or employees outside the
territorial limits of the County.
33. LEGAL OBUGATIONS AND RESPONSmlLITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
intended to, nor shall it be construed as, relieving any participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by and participating entity, in
which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be
construed as. authorizing the delegation of the constitutional or statutory duties of
the County. except to the extent permitted by the Florida constitution, state
statute. and case law.
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34. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
Agreement to enforce or attempt to enforce any third-party claim Of entitlement to
or benefit of any service or program contemplated hereunder, and the County and
the Contractor agree that neither the County nor the Contraetor or any agent,
officer, or employee of either shall have the authority to inform, counse~ or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart,
inferior to. or superior to the community in general Of for the purposes
contemplated in this Agreement.
35. ATIESTA nONS
Contractor agrees to execute such documents as the County may reasonably
require. to include a Public Entity Crime Statement, An Ethics Statement, and a
Drug-Free Workplace Statement.
36. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in bis or
her individual capacity, and no member, officer. agent Of employee of Monroe
County shall be liable personally on this Agreement or be subject to any personal
liability or accountability by reason of the execution of this Agreement.
37. EXECUTION ON COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which
shall be regarded as an original, all of which taken together shall constitute one
and the same instrument any of the parties hereto may execute this Agreement by
signing any such counterpart.
38. SECTION BEADINGS
Section headings have been inserted in this Agreement as a matter of convenience
of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this
Agreement.
39. 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.
40. SPECIFICA nONS
II
1. The Contractor's services shall include all DEP requirements stipulated in
the Operating Permit (attaChed as Exhibit A) in order to operate the taci1ity
efficiently and reliably, and to maintain the facility according to the Permit. The
Contractor sball invoice the County for the operation and maintenance services on
a monthly basis, in arrears, at the fee schedule rate and shall:
A Comply with all conditions specified within the current permit for this
facility.
B. Comply with all DEP rules. Florida Statutes, and county and local
regulations pertaining to the operation and maintenance of wastewater
facilities. systems of treatment and control, and related appurtenances.
c. Notify the County Facilities Maintenance Department, by written notice,
of changes in DEP rules, Florida Statues. county and local regulations, as
they apply to plant permitting or operations.
D. Become familiar with all Permit requirements, DEP rules, Florida Statutes,
and county and local regulations wbich affect the above referenced
wastewater facility. In addition, the contractor shall advise and make
recommendation to the County on matter concerning the operation of the
facility, and shall provide written notification to the Couirty of any and all
deficiencies encountered that may result in a non-compliance operating
violation. This notification shall include the observation of the
deficiencies. recommended corrections, and cost estimates. Said
notification shall be delivered to the Facilities Maintenance Director for
review and approval. In the event that the County shall receive a notice on
nOIrCOmpliance or of potential violation, written notice shall be given the
contractor.
E. Provide. and maintain on site, records as required by the Permit
conditions. The Contractor shall submit supplemental copies of record
documents and monthly operation reports (MOR) to the Facilities
Maintenance Director.
F. Inspect and maintain the facility's equipment, practices, and operation
regulated or required by the Permit conditions.
G. Perform all other routine operation and maintenance tasks for the facility
as part of the monthly service and included in the monthly fee such as, but
not limited to, the following:
a Operate the wastewater facility according to the manufacturer's
specifications and pursuant to the Federal, State. County, and local
regulatory rules with particular attention to Florida Laws, Chapter
403 and the Florida Administrative Codes, 62-600, 62-604, 62-610.
62-611,62-640, F.AC., and other applicable sections;
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b. Inspect and lubricate all equipment which requires lubrication in
accordance with the manufacturer's specification and
recommendations
c. Supply, monitor, and record chlorine feed and effluent residuals
regularly. Chlorine costs shall be included in the monthly operation
and maintenance fee.
d. Replace motorlblower belts when required (labor and parts furnished
by the Contractor);
e. Clean blower filters on a regular basis;
f Repair minor electrical and plumbing problems at the contractors cost
of$5oo.00 and below;
g. Perform minor repairs of pump station equipment and controls at the
contractors cost of $500.00 and below;
h. Maintain proper adjustment of all apparatus controls;
i Maintain all painted surfaces;
j. Record the daily flow in gallons per day;
k. Record the Ph of effluent;
1. Daily maintain air to all required components of the treatment plant.
The contractor shall individually check and clean all air diffusers and
skimmers as required, then adjust aeration as required to maintain
plant balance;
m. Check sludge return;
n. Transfer sludge as required to various plant components and
concentrate into the digester as necessary to maintain plant operating
efficiency;
o. Mechanically check standby equipment weekly;
p. Clean and hose down plant regularly to maintain good housekeeping
of the facility, and remove all unsightly debris and materials from
facility area on a regular basis;
q. Provide all digester sludge removal services: Maximum of four
removals annually, when required. Any additional removals require
the County's prior written approval; the contractor shall notify the
Facilities Maintenance Department when such additional removals
are anticipated. The cost breakdown for any removals beyond the
four cited above shall consist of the disposal cost to the contractor
plus 15% handling charge. The Contractor shall be solely responsible
fof all sludge removal services and any required testing. The
Contractor shall submit to the Facilities Maintenance department a
copy of the landfill inbound charge ticket(s) after every sludge
removal service; and
r. Provide for emergency standby pumping services for the facility
(inclusive of all necessary equipment, materials, and labor) in the
event that an unusual occurrence makes it necessary to immediately
pump out a plant to prevent untreated wastewater from improperly
escaping into the environment. The Contractor shall perform this
function to the best of the Contractor's ability considering the
circumstances surrounding the unusual occurrence. and such
occurrences shall qualify this as an emergency service.
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s. Monitoring of influent concentrations of total nitrogen and total
phosphorus and report results to the Department at a minimum
quarterly frequency in accordance with Rule 62-601.300(6) of the
Florida Administrative Code.
R Provide sampling. testing, results. and monitoring of any substances or
parameters at any locations reasonably necessary to assure compliance
with the permit conditions or DEP rules.
l Protect the County from any condition wbich may result in non-
compliance with DEP roles, Florida Statutes, or county or local
regulations to the best extent possible. Inform the County immediately
and in writing at once upon recognition of a potential problem.
J. Maintain a copy of the current Operating permit on site.
K. Maintain monitoring and record keeping as required by the Permit
conditions, DEP roles, county and local regulations.
2. REPAlRS
The ContraetOf shall make all repairs as necessary to assure that the facility is
operating efficiently, reliably, and in accordance with all requirements of the DEP
and the DEP Operating Permit. When the Contractor deems a repair to be
necessary, and over $500.00. the ContraCtOr shall prepare a detailed cost estimate
based on the fee schedule rates stipulated in the contract for labor, actual cost of
parts needed to make the repairs. plus the handling charge as indicated in the
contract. The Contraetor shall initiate the repairs within 48 hours of approval by
County. Upon completion of the repairs, the Contractor shall document the work
performed as is required by the DEP Operating Permit and other on-site service
logs.
3. EMERGENCY SERVICE
The County shall contact the Contractor immediately when an emergency call is
needed. The Contractor shall also notify the County immediately in the event of a
facility emergency. The ContraCtor and the County shall make entries into the
onsite log. wbich shall include; the date and time the problem was discovered, a
description of the problem, the date and time the contractor was notified, the date
and time the contractor arrived at the facility, the date and time the Contractor
departed, and a summary of the steps taken to rectify the problem. The
Contractor shall respond to all emergency calls wbich occur during normal
working hours and holidays and weekends within three hours of notification by
the County. The Contractor and the County shall simultaneously log the time the
County contracted the contractor for an emergency service documentation of the
above time requirements. The Contractor shall invoice the County for after-hour,
weekend and holiday emergencies based on the applicable hourly rate indicated in
14
the contract, the actual costs of any parts used to rectify the problem, plus the
applicable percentage as stipulated in the contract.
4. ADDmONAL SERVICES
When requested by the County. the Contractor shall advise and recommend, in
writing to the County. any needed improvements, and shall invoice the County at
the fee schedule rates for labor as specified in the contraCt upon prior
authorization by County to do the work.
5. EXCEPTIONS
All of the above described tasks or requirements shall be considered routine duties
of the contractor except:
A Repairs which are over the $500.00 limit shall be based on the fee
schedule rates for labor for "Emergency Service Calls (Monday - Friday
after nonnal working hours)" outlined in the contraCt.
B. The Contractor shall not be held responsible for the inability to perform
due to factors beyond the Contractor's control.
.6. CANCELLATION
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
terminate this agreement after five days written notification to the Contractor.
7. INVOICING AND PAYMENT
The Contraetor shall invoice the County in arrears, monthly, for operating and
maintenance services at the fee schedule rate indicated in the contract The
Contraetor shall separately invoice the County for any repairs or emergency
services which are provided after normal working hours, weekends or holidays at
the fee schedule rates stated in the contract. The ContraCtor shall also submit,
together with the monthly and emergency service invoices, detailed invoices for
parts which are needed for proper operation, maintenance and repairs. Said
detailed parts invoices shall outline the actual cost of the parts plus the handling
fee as stated in the contract, listing the parts by description and the quantity of
parts used. Invoices substantiating the actual cost of parts shall be submitted for
supporting documentation, invoices not accompanied by said documentation shall
be returned for compliance to these terms and conditions. The Contraetof shall
submit all invoices to the Facilities Maintenance Director at the address provided
in the contract. Upon review and approval of the services provided. and
confirmation by service log, the Facilities Maintenance Director sba1l process the
invoices for payment.
8. UQUlDA TED DAMAGES
15
In the event that the Contractor does not respond to an emergency service call
within the time periods specified, the County shall assess a $50.00 per hour
charge to the contractor for each hour, or portion thereof: to be prorated at the
beginning of each IS-minute interval beyond the allowable time period. during
which the Contractor has not appropriately responded. The total amount of this
assessment shall be charged against the total invoice for the emergency service
call.
9. SUBCONTRACTORS
The Contractor shall be responsible for all work performed under the terms of this
agreement. The Contractor may subcontract as necessary to perform the services.
however, any subcontract shall require the review and written approval of the
County prior to the execution of the subcontract. It is understood that the County
shall not be liable to any subcontraetor for any expenses or liabilities incurred
under the subcontraet. The cost of materials, chemicals. and repairs by
subcontractors shall be billed at a cost reimbursement basis plus the handling fee
stated in the contract.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and d3te.Ji!"st written above in four (4) counterparts. each ofwbich shall, without proof or
,~~e other counterparts, be deemed an original contract.
/". ._r~ r".~\~ ......_~~ri~
;/: {~)~j l><'~.~.~:;\ BOARD OF COUNlY COMMISSIONERS
(' AtteSF\~~:ifOUIAGE, CLERK OF MONROE COUNTY, FLOIDA
.....By:. Ji~e. LQv~~
.: '., ..' Deputy Cledl: '
.
Of'....::l 3"O,S
By:
L)# >n ~
Mayor/Chairman
Date:
(SEAL)
Attest:
By.~A-
::Y~~
Title: Ub 1Y'16.. v1 "J-'" ,...
CONTRACTOR
Synagro. d;-
a;'/~-~.- ~~
Title: 5"''1 C'/?~""""" .~
MONROE COUNTY ATTORNEY
APPRO 0 AS FO,AM:
/ '
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