HomeMy WebLinkAboutItem 05 Approval of Amendments to Extend the Contracts for the Septic Tank Program Service Providers ocoee
floiida
AGENDA ITEM COVER SHEET
Meeting Date: November 3, 2020
Item # 5-
Reviewed By: /
Contact Name: Jamie Croteau Department Director: Jam:" r e 4
Contact Number: Ext. 4015 City Manager: Robert Fr.,(y' , %Y�
Subject: Approval of Amendments to Extend the Contracts forthe'Septic Tank°Program Service
Providers,.
Background Summary:
On December 1, 2015, the City of Ocoee entered into contracts with Sauer Septic Environmental
Service, Inc. and Brownies Septic and Pumping LLC., to perform scheduled septic pump out services
for the City's Septic Tank Pumping Program. Sauer Septic Environmental Service,:Inc. and Brownies
Septic and Pumping LLC., were awarded the original contracts. Therefore, the City desires to amend
the existing contracts to extend the Contract Terms through November 30, 2021, subject to the terms
and conditions set forth in the original contracts.
If approved, this amendment will become effective on December 1,2020.
Issue:
Should the Honorable Mayor and City Commission approve the extension to the Contracts for septic
pump out service with Sauer Septic Environmental Service, Inc. and Brownies Septic and Pumping LLC.
for the period of one additional year?
Recommendations:
Staff recommends approval of the extension to the Contract for septic pump out service with Sauer
Septic Environmental Service, Inc. and Brownies Septic and Pumping LLC.
Attachments:
Original Septic Pump out contract and Signed agreements for additional service
Financial Impact:
There is no Financial Impact to the budget with approval of the Amendment.
Type of Item: (please mark with an'x)
Public Hearing , For Clerk's Dept Use:
Ordinance First Reading X . Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion&Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney Dana Crosb -Collier N/A
Reviewed by Finance Dept. N/A
Reviewed by O N/A
2
FIRST AMENDMENT TO AGREEMENT FOR
SEPTIC TANK PUMPING AND HAULING
SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR SEPTIC TANK PUMPING AND
HAULING SERVICES (the "Amendment") is entered into on the _ day of , 2020, by and
between the CITY OF OCOEE, a Florida municipal corporation,hereinafter called"Ocoee",and SAUER
SEPTICS ENVIRONMENTAL SERVICES,INC., a Florida corporation,hereinafter called"Contractor".
RECITALS
$ A. Whereas, Ocoee and Contractor entered into an AGREEMENT FOR SEPTIC TANK PUMPING
AND HAULING SERVICES (the"Agreement") for a three(3)year term, effective December 1,
2015,to engage Contractor to perform the work described in the scope of services set forth in that
certain Invitation to Bid#B15-07.
B. Whereas, the Agreement was automatically renewed for two (2) separate one-year renewals in
accordance with its terms.
C. Whereas, Ocoee and Contractor desire to extend the Agreement for an additional one (1) year
term subject to the terms and conditions set forth in the Agreement and this Amendment.
AGREEMENT
NOW, THEREFORE, for and in consideration of the foregoing, the mutual promises, covenants,
and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,the parties hereto agree as follows:
1. Term of Agreement and Renewal Provisions. Pursuant to Section 2,Term of Agreement,
by this Amendment the City hereby extends the Agreement, subject to the terms of the Agreement and
this Amendment, for an additional twelve (12) month period. The term of the extension to Agreement,by
this Amendment,will be from December 1,2020 through November 30,2021.
2. Miscellaneous Provisions. A new paragraph M is added to the Agreement to read as
follows:
M. Public Records Compliance. The City of Ocoee(City) is a public agency subject to
Chapter 119,Florida Statutes. The Contractor agrees to comply with Florida's Public Records
Law. Specifically,the Contractor shall:
1. Keep and maintain public records required by the City to perform the service.
2. Upon request from the City's custodian of public records,provide the City with a copy
of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119,Florida
Statutes, or as otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the City.
4. Upon completion of the contract, Contractor agrees to transfer at no cost to the City all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public record to
the City upon completion of the contract, the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon completion of
the contract,the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City, upon request from
the City's custodian of public records, in a format that is compatible with the information
technology systems of the City.
5. A Contractor who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10, Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 407-905-31.00, EXTENSION 1022,
CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH
LAKESHORE DRIVE, OCOEE, FLORIDA 34761.
3. All of the terms, covenants, conditions, and provisions of the Agreement,unless modified
by this Amendment,are hereby reinstated and remains in full force and effect.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by their
authorized representatives on the day and year first above written.
CONTRACTOR:
SAUER SEPTICS ENVIRONMENTAL
SERVICE,INC.,a Florida corporation
By: • CILIA Cl
Title:
Signature:
Date: 1 $
CITY OF OCOEE
By:
Rusty Johnson,Mayor
ATTEST:
1
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
{
COMMISSION IN A MEETING HELD ON
2020
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
,.2020.
SHUFFIELD,LOWMAN&WILSON,P.A.
By:
City Attorney
FIRST AMENDMENT TO AGREEMENT FOR
SEPTIC TANK PUMPING AND HAULING
SERVICES
THIS FIRST AMENDMENT TO AGREEMENT FOR SEPTIC TANK PUMPING AND
HAULING SERVICES (the "Amendment") is entered into on the_day of , 2020, by and
between the CITY OF OCOEE, a Florida municipal corporation, hereinafter called "Ocoee", and
BROWNIE'S SEPTIC AND PLUMBING, LLC, a Florida limited liability company, hereinafter called
"Contractor".
RECITALS
A. Whereas, Ocoee and Contractor entered into an AGREEMENT FOR SEPTIC TANK PUMPING
AND HAULING SERVICES (the"Agreement")for a three(3)year term, effective December 1,
2015, to engage Contractor to perform the work described in the scope of services set forth in
that certain Invitation to Bid#B 15-07.
B. Whereas, the Agreement was automatically renewed for two (2) separate one-year renewals in
accordance with its terms.
C. Whereas, Ocoee and Contractor desire to extend the Agreement for an additional one (1) year
term subject to the terms and conditions set forth in the Agreement and this Amendment.
AGREEMENT
NOW,THEREFORE,for and in consideration of the foregoing,the mutual promises,covenants,
and agreements contained herein, and other good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged,the parties hereto agree as follows:
1. Term of Agreement and Renewal Provisions. Pursuant to Section 2,Term of Agreement,
by this Amendment the City hereby extends the Agreement, subject to the terms of the Agreement and
this Amendment, for an additional twelve(12)month period.The term of the extension to Agreement,by
this Amendment,will be from December 1,2020 through November 30,2021.
2. Miscellaneous Provisions. A new paragraph M is added to the Agreement to read as
follows:
M, Public Records Compliance. The City of Ocoee(City)is a public agency subject to
Chapter 119,Florida Statutes.The Contractor agrees to comply with Florida's Public Records
Law. Specifically,the Contractor shall:
1.Keep and maintain public records required by the City to perform the service.
2.Upon request from the City's custodian of public records,provide the City with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in chapter 119,Florida Statutes,or as
otherwise provided by law.
3. Ensure that public records that are exempt or confidential and exempt from the public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the Contractor
does not transfer the records to the City.
4.Upon completion of the contract, Contractor agrees to transfer at no cost to the City all
public records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public record to
the City upon completion of the contract,the Contractor shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements.If the Contractor keeps and maintains public records upon completion of
the contract,the Contractor shall meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the City,upon request from
the City's custodian of public records, in a format that is compatible with the information
technology systems of the City.
5.A Contractor who fails to provide the public records to City within a reasonable time
may be subject to penalties under section 119.10,Florida Statutes.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119,FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT 407-905-3100, EXTENSION 1022,
CCDL@ci.ocoee.fl.us, WITH AN OFFICE LOCATED AT 150 NORTH
LAKESHORE DRIVE, OCOEE, FLORIDA 34761.
3. All of the terms, covenants, conditions, and provisions of the Agreement, unless
modified by this Amendment,are hereby reinstated and remains in full force and effect.
IN WITNESS WHEREOF the parties hereto have caused this Amendment to be executed by
their authorized representatives on the day and year first above written.
CONTRACTOR:
BROWNIE'S SEPTIC AND PLUMBING
LLC,a Florida limited liability company
By: pcJa. Q.�i Y^
Title:
`e �s
Signature ., ,! .
Date: / 6 fj�r3•
•
CITY OF OCOEE
By:
Rusty Johnson, Mayor
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED BY THE CITY OF OCOEE
COMMISSION IN A MEETING HELD ON
,2020
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE,FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of
, 2020. .
SHUFFIELD, LOWMAN&WILSON,P.A.
By:
City Attorney