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3rd Amendment/Extension 07/20/2016KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: March 1, 2017 TO: Cheryl Sullivan, Senior Specialist Solid Waste Department FROM: Pamela G. Hancputy Clerk SUBJECT: July 20, 2016 BOCC Meeting Attached is a duplicate original of Item C21, extending and amending die Agreement with Sweetwater Environmental, Inc. for die transfer, storage, treatment, transportation, and disposal of sludge/septage generated widiin Monroe County, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney electronic copy Finance electronic copy File AMENDMENT AND EXTENSION OF AGREEMENT FOR THE TRANSFER COLLECTION STORAGE TREATMENT, TRANSPORATION, AND DISPOSAL OF SLUDGE/SEPTAGE GENERATED WITHIN MONROE COUNTY THIS AMENDMENT AND EXTENSION is entered into this 20'h day of July 2016, between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida (County) and Sweetwater Environmental, Inc. (Contractors). WHEREAS, the parties entered into an agreement dated May 19, 2004, for the transfer, collection, storage, treatment, transportation, and disposal of sludge/septage generated within Monroe County, which was amended June 6, 2004, renewed June 17, 2009; and renewed again May 21, 2014 and WHEREAS, due to the changes in County policies and centralized sewer systems being put in place, the amount of sludge/septage being brought to the County's transfer stations has dropped from approximately 500,000 gallons to approximately 300,000 gallons; and WHEREAS, while the flow rates have decreased, the County amended and extended the agreement May 21, 2014 as it determined that it has a continued need for the services until all centralized sewer systems in Monroe County are completed and properties are connected ; and WHEREAS, the agreement between the parties is due to expire on June 30, 2016, but the County is still in need of the Contractor's services and thus the parties have agreed to again extent the Agreement under the negotiated terms and conditions as set forth herein; NOW THEREFORE IN CONSIDERATION OF the mutual promises contained herein, the parties agree as follows: 1. Section I of the Agreement is hereby amended as follows: TERM OF AGREEMENT: This agreement shall be extended for an additional two (2) year period from the term ending June 30, 2016 and now ending at 12:00 midnight on June 30, 2018. The term of this agreement may be extended upon written agreement by the parties. 2. Section II of the Agreement as amended is hereby amended as follows: Effective July 1, 2016, The COUNTY shall pay the CONTRACTOR on a per month in arrears basis for receiving, transferring, collecting, storing, treating, transporting, and disposing of sludge and septage at the unit price of $0.26 per gallon. This rate may be adjusted annually beginning on July 1, 2017 using the Consumer Price Index for all urban consumers (CPIU) for the most recent 12 months ending in February. 7/20/16 Amendment and Renewal Agreement The COUNTY shall pay the CONTRACTOR a monthly maintenance fee of One Thousand Two Hundred Dollars and Zero Cents ($1200.00) on a per month in arrears basis for keeping the sites in proper working order. 3. Section XI of the agreement is hereby amended to as follows: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County 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 this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from 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 County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County 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 County, upon request from the 2 7/20/16 Amendment and Renewal Agreement County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. 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, BRIAN BRADLEY AT PHONE# 30S-292- 3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112T" Street, SUITE 408, KEY WEST, FL 33040. other respects, the original agreement between the parties dated May 19, 2004, as Ked on June 16, 2004, renewed on June 171h, 2009, and amended and renewed on 2014 not inconsistent herewith, shall remain in full force and effect. BOARD OF COUNTY COMMISSIONERS MADOK OF MONROE COUNTY, FLORIDA Y Deputy Clerk 3 Mayor 7/20/16 Amendment and Renewal Agreement The foregoin instrument was acknowledged before me this � day of I'��y 2017, by n Who is ()o personally known me or produced a driver's license as identification. N ARYfUBLIC, STATE OF FLORIDA ASHLEYELLERKER Commission # FF 128381 S �A.�, Expires June 2, 2018 B MtlThaTmyFab "If'09 Print, type dstamp commissioned name of notary MONROE COUNTY ATTORNEY APPROVE} AS TO FORM: CHRISTINE M. LIMBERT-BARROWS ASSISTANT COONTY ATTORNEY Date � ;' 1 -n LD 7 4 qc® 0 F10/28/2016 ATE (MM/DDIYYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME liSl:3tin Tuhacek Lassiter -Ware Insurance of Maitland PHONE (800) 845-8437 FAX No. (SSB►BB3-86B0 2701 Maitland Center Parkway EoodIess:iatinTlassiter-ware.coml Suite 125 INSURERS AFFORDING COVERAGE NAIC N Maitland FL 32751 INSURERAACe American Insurance Cop any 22667 INSURED INSURER B .Underwriters at Llo d' s Landon Sweetwater Environmental, Inc. at al INSURER 8025 Associate Blvd. I INSURERn Sebring FL 33876 IINSURER F: COVERAGES CERTIFICATE NUMBER:16-17 Master Sweetwater REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE _ _ r POLICY NUMBER POLICY EFF, ,...POLICY EXP 411=222U LIMITS X COMMERCIAL GENERAL LIABILITY j I EACH OCCURRENCE I A CLAWS -MADE l X.. OCCUR 1 CETorArWj~orl._ 300,000 1 ? CMIsES fE uc�rarrww!# X iG27918918 002 L$ .. ................_..,. ,.. 10128/2016 10/28/2017MED EXP tAny one Aersun} t S 25,000 $ PERSONAL 3 ADV INJURY _ S 11000,000 N GEWpL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS-COMPIOPAGG E 2,000,004 OTHER: - S AUTOMOBILE LIABILITY D0,000 CO IN IN LE LIMIT 5 i0 NNN X ANY AUTO A BODILY INJURY (Per person) S AOa SCHEDULED H08460644 002 AUUTOSS AUTO5 X 10/29/2016 10/28/2017 BODILY INJURY (Per accident) 3 S NON -OWNED ; HIRED AUTOS " X AUTOS r,,,uX „e� ......,_. PROPERTY DAMAGE ..,. . ..,. ,,.. ..w ..... PIP 3 101 000 UMBRELLA LIAR , X OCCUR L .... I EACH OCCURRENCE $ 4 , 000 r, 000 _ EXCESSLIABCLAIMS•MADE' $ Xr, �VGIX50049300 AGGREGATES 4,000,000 OED X ,RETENTION 0 - _.. _.. 10/28/2016 10/28/2017 S xWORKERS COMPENSATION ` fPER OTH STISTUTE ER AND EMPLOYERS' LIABILITY s YIN t ....._ _ " nANY PROPRIETORIPARTNERIEXECUTIVE , OFFICER/MEIrIBER EXCLUDED? NIA E L EACH ACCIDENT S --- I(Mandatory Ip NHI E El DISEASE EA EMPLOYES S i H �s. desuibe under . ____., ...... .. ,R1RTI N fIF O?ERA710NS below E.L. DISEASE - POLICY LIMIT S A Pollution Liability IG27918918 002 10/29/2016 10/28/2017 OccurrenceUmt I,000,040 c X i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 14.1. Additional Remarks Schedule" may bpi attached It more space Is required) Monroe County Board of County Commissioners is listed Additional Insured on premises operations on General Liability and Auto Liability (Excess is follow forms) with respect to work being performed by the insured under the terms and conditions of the policy when required by wrIttepIcontra, APPR Y RI NAG BY r CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissione THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/O Monroe County Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Joan Sherry 1100 Simonton Street AUTHORIZED REPRESENTATIVE Room 2-231 Key West, FL 33040 Paul Ziceardi/KRISTT ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025I2'v"1mi)