Item G4
FROM
FAX NO. :
Ma~. 03 2001 12:23PM P2
BOARD 01,' COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 5/16/01
Division: County Administn~or_
Bulk Item: Yes x No
Department: Airports
AGENDA ITEM WORDING: Approval of a contract agreement with $ynagm Southeast, Inc. to
provide operation and maintenance of sewer treatment plant at the Florida Keys Marathon Airport.
ITEM BACKGROUND: Synagro purchased AKH Water Management, which had a renewal
clause with Monroe County.
PREVIOUS REVELANT BOCC ACTION: N/A
CONTRACT/AGREEMENT CHANGES: Contract is for a one-year agreement with a one-year
option, Annual rate was previously $5562 with a cost not to exceed $330 for annual Nitrogen testing
required by OEP. DEP increased required testing to once a month. Current cost of contract is $6243
not to exceed $9000 for testing, repairs, tasks and chemicals of a non-recurring nature.
STAFF RECOMMENDATIONS: Approval
TOT AL COST: $6243.60
Not to excecd $9000.00
BUDGETED: Yes X
No
R~:VF.NUE PRODUCING: Yes
NoX
AMOUNT PER YEAR $ 6243,60
APPROVED BY: County Ally ~ OMBlPurchasing ~ Risk Management _X_
MARATHON AIRPORT MANAGER APPROVAL: ~~ 0
Teresa Cook
--::T--~~(l *-
DIVISION DIRECTOR APPROVAL:
James Roberts
County Administrator
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM #J-EllJ
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
.CONTRACT SUMMARY
. - ." Contract #
Contract with: Synagro Southeast, Inc.
Effective Date: 12/1/00 .
Expiration Date: 11/30/01
Contract Purpose/Description: Operation and maintenance of sewer treatment plant at the Florida Keys
Marathon Airport
Contract Manager: Theresa Cook
(name)
for BOCC meeting on: 1/17/00
# 6060
(Ext. )
Marathon Airport - Stop # 15
(Department/Courier Stop)
Agenda Deadline: 1/3/00
CONTRACT COSTS
Total Dollar Value of Contract: $6,243.60
pius special services NTE $9,000.00
Budgeted? Yes
Grant: N/A
County Match: N/A
Current Year Portion: $5,203.00
Account Codes: 403-63501-530-340 /'
Estimated Ongoing Costs: N/A
(not Included In dollar value above)
ADDITIONAL COSTS
For: .
(eg. maintenance. utilities. janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed
Yes No
Reviewer
Date Out
Airports Manager 0 J /..!LJ 0 I
12./ J.3..! 00
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Rob Wolfe
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~anagement
oirB.lpurking
County Attorney
Comments:
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AGREEMENT
This Agreement is made. and .erlteted. into this day of , 2001,
between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter
referred to as "Board" or "County," and SYNAGRO SOUTHEAST, INC., hereinafter referred to as
"Provider. "
WHEREAS, the County desires to obtain the services of the Provider for operation and
maintenance of the sewage treatment plant at the Marathon Airport, now, therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed
as follows:
1. AMOUNT OF AGREEMENT. The Board, in consideration of the Provider
substantially and satisfactorily performing the scope of services under paragraph 4, shall pay to
the Provider the sum of Six Thousand Two Hundred Forty-three and 60/100 Dollars ($6,243.60)
annually, and costs not to exceed $9,000 annually, for repairs and special tasks materials and
chemicals of a non-recurring nature.
2. TERM. This Agreement shall commence on December 1, 2000, and terminate
November 30, 2001, with a one-year option to renew, unless earlier terminated pursuant to
other provisions herein.
3. PAYMENT. Payment of the sum provided in paragraph 1 will be paid
periodically, but no more frequently than monthly as hereinafter set forth. Reimbursement
requests will be submitted to the Board via the Airport Business Office and the Clerk's Finance
Office. The County shall only reimburse, subject to the funded amounts below, those
reimbursable expenses which are reviewed and approved by both the Airport Management and
the Finance Office as being in compliance with state statutes. Evidence of payment by the
Provider shall be in the form of a letter, summarizing the expenses, with supporting
documentation attached. The letter should contain a certification statement as well as a notary
stamp and signature. Alternatively, reimbursable expenses may be handled by Provider's
suppliers direct-billing the County.
After the Clerk of the Board examines and approves the request for reimbursement, the
Board shall reimburse the Provider. However, the total of said reimbursement expense
payments in the aggregate sum shall not exceed the total amount of $9,000.00 per year.
4. SCOPE OF SERVICES. The Provider, for the consideration named, covenants
and agrees with the Board to substantially and satisfactorily perform the operation and
maintenance of the Marathon Airport Terminal Sewage Treatment Plant.
5. RECORDS. The Provider shall maintain appropriate records to insure a proper
accounting of all funds and expenditures, and shall provide a clear financial audit trail to allow
for full accountability of funds received from said Board. Access to these records shall be
provided during weekdays, 8 a.m. to 5 p.m., upon request of the Board, the State of Florida, or
authorized agents and representatives of the Board or State.
The Provider shall be responsible for repayment of any and all audit exceptions which are
identified by the Auditor General of the State of Florida, the Clerk of Court for Monroe County,
an independent auditor, or their agents and representatives. In the event of an audit exception,
the current fiscal year contract amount or subsequent fiscal year contract amounts shall be
offset by the amount of the audit exception. In the event this agreement is not renewed or
continued in subsequent years through new or amended contracts, the Provider shall be billed
by the Board for the amount of the audit exception and the Provider shall promptly repay any
audit exception.
,", '. -.,.. ..... -'..,..'" ".... .k ':..'. ~., ...............;....., ~
6. INDEMNIFICATION AND HOLD HARMLESS/INSURANCE.
(a) The Provider covenantS cmd~agrees to indemnify and hold harmless Monroe County
Board of County Commissioners frolTi 'any and all daims for bodily injury (including death),
personal injury, and property damage (including property owned by Monroe C~unty) and a~y
other losses, damages, and expenses (including attorney's fees) which arise out of, In
connection with, or by reason of services provided by the Provider occasioned by the negligence,
errors, or other wrongful act or omission of the Provider's employees, agents, or volunteers.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
(b) As a pre-requisite of the work governed, or the goods supplied under this
agreement (including the pre-staging of personnel and material), Provider shall obtain, at its own
expense, insurance as specified in the attached schedules, which are made a part of this
agreement. The Provider will ensure that the insurance obtained will extend protection to all
subcontractors engaged by the Provider. As an alternative, the Provider may require all
subcontractors to obtain insurance consistent with the attached schedules.
The Provider will not be permitted to commence work governed by this agreement
(including the pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the County as spedfied below. Delays in the commencement of
work, resulting from the failure of the Provider to provide satisfactory evidence of the required
insurance, shall not extend deadlines specified in this agreement and any penalties and failure to
perform assessments shall be imposed as if the work commenced on the spedfied date and time,
except for the Provider's failure to provide satisfactory evidence.
Provider shall maintain the required insurance, throughout the entire term of this
agreement, and any extensions, as speCified in the attached schedules. Failure to comply with
this provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work, resulting from the failure of the
Provider to maintain the required insurance shall not extend deadlines specified in this agreement
and any penalties and failure to perform assessments shall be imposed as if the work had not
been suspended, except for the Provider's failure to maintain the required insurance.
Provider shall provide to the County, as satisfactory evidence of the required insurance,
either a Certificate of Insurance or a certified copy of the actual insurance pOlicy.
The County, at its sole option, has the right to required a certified copy of any or all
insurance policies required by this agreement.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the Provider's insurance shall not be construed as
relieving the Provider from any liability or obligation assumed under this agreement or imposed
by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation. _
Any deviations from these General Insurance Requirements must be requested in writing
on the County prepared form entitled "Request for Waiver of Insurance Requirements" and be
approved by Monroe County Risk Management.
7. INDEPENDENT CONTRACTOR. At all and for all purposes hereunder, the
Provider is an independent contractor and not an employee of the Board. No statement
contained in this agreement shall be construed so as to find the Providerdor any of its
employees, contractors, servants or agents to be employees of the Board.
8. PROFESSIONAL RESPONSIBILITY AND LICENSING. The Provider shall
assure that all professionals have current and appropriate professional licenses and professional
2
liability insurance coverage. Funding by the Board is contingent upon retention of appropriate
local, state and/or federal certification and/or licensure of the Provider's program and staff.
. o. ~'.:" ...
9. MODIFICATIONS AND"AMENDMENTS. Any and all modifications of the
services and/or reimbursement of services shall be amended by an agreement amendment,
which must be approved in writing by the Board.
10. AUTHORIZED SIGNATURES. The signatory for the Provider below, certifies and
warrants that:
(a) The Provider's name in this agreement is the full name as designated in its
corporate charter, if a corporation, or the full name under which the Provider is authorized to do
business in the State of Florida.
(b) He or she is empowered to act and contract for the Provider; and
(c) This agreement has been approved by the Board of Directors of the Provider if the
Provider is a corporation.
11. NOTICE. Any notice required or permitted under this agreement shall be in
writing and hand-delivered or mailed, postage pre-paid, by certified mail, return receipt
requested, to the other party as follows:
For Board:
Marathon Airport Manager
9400 Overseas Highway
Marathon, FL 33050
For Provider:
Synagro Southeast, Inc.
89111 Overseas Highway
Tavernier, FL 33070
12. CONSENT TO JURISDICTION. This agreement shall be construed by and
governed under the laws of the State of Florida and venue for any action arising under this
agreement shall be in Monroe County, Florida.
13. NON-WAIVER. Any waiver of any breach of covenants herein contained to be
kept and performed by the Provider shall not be deemed or considered as a continuing waiver
and shall not operate to bar or prevent the Board from declaring a forfeiture for any succeeding
breach, either of the same conditions or covenants or otherwise.
14. AVAILABILITY OF FUNDS. If funds cannot be obtained or cannot be continued
at a level sufficient to allow for continued reimbursement of expenditures for services speCified
herein, this agreement may be terminated immediately at the option of the Board by written
notice of termination delivered to the Provider. The Board shall not be obligated to pay for any
services or goods provided by the Provider after the Provider has received written notice of
termination, unless otherwise required by law.
15. PURCHASE OF PROPERTY. All property, whether real or personal, purchased by
Marathon Airport or Monroe County to support this agreement, shall be the property of Monroe
County and shall be accounted for pursuant to statutory requirements.
16. ENTIRE AGREEMENT. This agreement constitutes the entire agreement of the
parties hereto with respect to the subject matter hereof and supersedes any and all prior
agreements with respect to such subject matter between the Provider and the Board.
17. RESTRICTIONS ON ASSIGNMENT OR SUBCONTRACT. The Provider may not
assign its privileges and obligations under this contract or subcontract the work described in
Section 4 without the written permission of the Board.
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18. COMPLIANCE WITH LAWS. Both parties shall comply with all federal, state and
local laws governing the activities under this agreement. Provider covenants that it shall
maintain and operate and use. 'the" premises in compliance with 49 CFR, Part 21,
Nondiscrimination in Federally Assisted" Programs of the Department of Transportation, as said
Regulations may be amended. More particularly, Provider covenants that:
a) no person on the grounds of race, color, national origin, or sex shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to discrimination in the
use of the premises; and
b) in the construction of any improvements on the premises and the furnishing of
services thereon, no person on the grounds of race, color, national origin, or sex shall be
excluded from participation in, denied the benefits of. or otherwise be subjected to
discrimination.
19. PUBUC ENTITY CRIME STATEMENT. A person or affiliate who has been plaCed
on the convicted vendor list following a conviction for public entity crime may not submit a bid on
a contract to provide any goods or services to a public entity, may not submit a bid on a contract
with a public entity for the construction or repair of a publiC building or publiC work, may not
submit bids n leases of real property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract with any publiC entity, and
may not transact business with any public entity in excess of the threshold amount provided in
Sec. 287.017, for Category Two for a period of 36 months from the date of being placed on the
convicted vendor list. If the Contractor is on the convicted vendor list, then this Contract is void
ab initio with the County under no obligation to pay the Contractor any compensation or damages
under any legal theory whatsoever.
20. ETHICS CLAUSE. The Provider warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation
of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion, deduct
from the contract or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed as
of the day and year first written above.
(SEAL)
ATTEST: DANNYL. KOLHAGE,CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chairman
Attest:
SYNAGRO SOUTHEAST, INC.
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Title ~ /.'1.01
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