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Item C01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: April 16, 2014 Division: AiMorts Bulk Item: Yes X No ____ Department: Florida Keys Marathon Airport Staff Contact Person/Phone #; Don DeGraw 289-6302 AGENDA ITEM WORDING: Approval of a Wastewater Treatment Plant Maintenance Renewal Agreement with Conch Waste Water, Inc. for the Florida Keys Marathon Airport at a monthly cost of $603,32. ITEM BACKGROUND: On June 15, 2011, the BOCC entered into an agreement with Conch Wastewater, Inc, Big Pine Key for the Operation and Maintenance of a Domestic Wastewater Facility at the Florida Keys Marathon Airport. This agreement will continue those waste water treatment services until the airport terminal is connected to the city sewer system. PREVIOUS RELEVANT BOCC ACTION: Original proposal approved on May 18, 2011. Original agreement approved on June 15, 2011 and renewed June 2012. On November 20. 2013 the BOCC entered into an agreement that will expire on June 30, 2014. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: $603.32 monthly INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $603.32 monthly+ minor repairs to $500 SOURCE OF FUNDS: Airport Operating Fund REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year APPROVED BY: County Attny: (es A/Purkas/ing Yes Risk Management Yes DOCUMENTATION: DISPOSITION: Revised 7:09 Included X Not Required AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY I Contract with: Conch Wastewater. Inc Contract # Effective Date: July 1, 2014 Expiration Date: June 30, 2015 Contract Purpose/Description: Operation and Maintenance of Domestic Wastewater Facility at Florida Keys Marathon Airport Terminal Contract Manager I for BOCC meeting on Don DeGraw (Name) 04/ 16/2014 6060 APM115 (Ext.) (Department/Stop #) genda Deadline: 04/01/2014 CONTRACT COSTS Total Dollar Value of Contract: $ 7,239.84 Current Year Portion: $ 3,016.66 Budgeted? Yes® No ❑ Account Codes: 403-63501-530-340- Grant: $- County Match: $ - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ lyr For. (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed e e Division Director 3l- ! 4- Yes[] Now.. - —_ Risk Management Yes[:] No[D O.M.B.IPurchasing > � I Yes❑ Nol� J1 �` County Attorney 4—Yes❑ No I Comments: DM Form Revised 2'27/0I MCP #2 WATEWATER TREATMENT PLANT MAINTENANCE RENEWAL AGREEMENT CONCH WASTEWATER, INC. FLORIDA KEYS MARATHON AIRPORT THIS AGREEMENT made this 16th day of April, 2014 (the "Agreement Date") by and between Conch Wastewater, Inc., also termed herein as "Conch Wastewater" (hereafter "Consultant/Contractor") whose address is 30375 Quail Roost Trail, Sig Pine Key, Florida 33043 and Monroe County Board of County Commissioners, whose address is 1100 Simonton Street, Key West, Florida 33050 (hereafter "County"); WHEREAS, on the 20`h day of November 2013, the parties entered into a contract for Wastewater Treatment Plant Maintenance, hereafter original agreement; and WHEREAS, the term of the original agreement began on July 1, 2013 and expires on June 30, 2014; and WHEREAS, the County is under mandate to connect the Florida Keys Marathon Airport to a central sewer system and decommission the wastewater treatment plant; and WHEREAS, the connection to the central sewer system is not yet available; and WHEREAS, the County will need to continue to maintain the wastewater treatment plant until such time as the County can connect to the City of Marathon's central sewer system; and WHEREAS, the Wastewater Treatment Plant Maintenance Agreement has been mutually beneficial to both parties; NOW THEREFORE in consideration of the promises, and of the mutual covenants to be legally bound hereby, the parties hereto agree as follows: 1. Paragraph 1 of the original agreement is amended to read: 1. DUTIES OF CONSULTANT A. SCOPE OF WORK Consultant shall provide to the County all Department of Environmental Protection (DEP) requirements stipulated in the Operating Permit. (attached Exhibit A) for the Marathon Airport (FLA014709) WWTP in order to operate the facility efficiently and reliably, and to maintain the facility according to the Permit. The Consultant shall invoice the County on a monthly basis at the fee schedule rate of $603.32. These contractual services shall be provided on an annual, basis commencing on July 1, 2014 through .tune 30, 2015. Consultant acknowledges that the County is mandated under law to connect to the City of Marathon central sewer system upon notice to the County by the city of Marathon that the central sewer system is available. Therefore in accordance with the provisions of article 2 of this agreement the County may terminate this agreement without penalty and without any further obligations to Consultant upon 60 days written notice. The County shall not be liable for any costs incurred by Consultant after the effective date of termination. Comply with all conditions specified within the current Permit for this facility. Comply with all DEP rules, and County and Local regulations pertaining to the operations and maintenance of wastewater facilities, systems of treatment and control, and related appurtenances. Notify the County, by written notice, of changes in DEP rules, County and Local regulations, as they apply to the plant permitting or operations Provide Discharge Monitoring Report preparation on a monthly basis as required by the Permit Conditions, DEP regulations, and local and county regulations. Assist the County in interpretation of sample data submitted by the certified laboratory on an as needed and as requested basis. Provide pumping service, including emergency standby pumping service for the facility as needed to maintain the facilities operations and compliance. Pumping Services shall include, but not limited to, emergency pumping and shall be billed to the County directly for payment. Provide emergency standby service for the facility as required by the Permit and DEP regulations Repair minor electrical, plumbing and pump station equipment and controls at the cost of $500.00 or below. For any repairs in excess of $500.00, a proposal of repairs shall be submitted to the County for approval, and scheduled accordingly. NORMAL WORKING HOURS ARE MONDAY THROUGH FRIDAY 8:00AM TO 5:OOPM; EXCLUDING ALL HOLIDAYS. B. ESTIMATE OF COST Labor • Principal @ $75.00/hr as requested • DMR Preparation @ $45.00Ihr minimum one hour per month ■ Handling fee for parts required for operations, maintenance, repairs and emergency service jai Costs+20% • Overtime and Holiday hourly rates for staff shall be time and half accordingly. • Pump Out Service provided by Conch Wastewater at $0.37 per gallon, and fuel surcharge if applicable. Material and Reimbursable Costs (as needed) • Costs+20% 2. Paragraph 26 of the original agreement is amended to read: 26. PUBLIC ACCESSS. Pursuant to Florida Statute §119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. (b) Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. 3. Except as set forth in paragraphs one and two of this Wastewater Treatment Plant Maintenance Renewal Agreement, in all other respects, the terms and conditions of the original agreement remain in full force and effect. IN WITNESS WHEROF, the parties have caused these presents to be executed by their respective officer or representative thereunto duly authorized the day and year first written above. (SEAL) ATTEST: AMY HEAVILIN, CLERK By Clerk Witnesses: iViC p� (-0.)+� — i�FLF±O 1. ate-- BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Mayor/Chairperson CONCH W T ' ER, INC. By Print Name TWW W ARGHE # * MY COMMISSION Y EE 880171 EXPIRES; JQi 4, 201,7 �'+�r� �� Bsnde� T�ru Budd Notary cerr ® CERTIFICATE OF LIABILITY INSURANCE AC�RO► �I/ 16I z 014 THIS CERTIFICATEIS 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 pollcy(les) must be endorsed. If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certiflcate holder in Ileu of such endorsement(s). PRODUCER PAYCHEX INSURANCE AGENCY INC 210705 P: F: (888) 443-6112 PO BOX 33015 SAN ANTONIO TX 78265 CONTACT rrMIE' fPHONE o,E,If. :c.:.o, (888) 443-6112 ADDRESS: I NS V RER(B) A FFq Rp I I+ G COVE RAGE NACIA INSURER A. T!,rir, CIkzy Fire I^s Ca INSURED CONCH WASTE WATER INC 89 INDUSTRIAL RD BIG PINE KEY FL 33043 INS UREA 9 INSURER C. INSURER❑: INSURERE: INS IRERF COVERAGES CERTIFICATE NUMBER. REVISION NUMBER: THIS 15 TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WlTH RESPECT TO WHICH THIS I CERTIFiCAT. MAY BE !SSLIED OR MAY PERTAIN, THE INSURANCE AFFOROEC BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI IE TERMS,EXCLUSIONS AND CONDITfONS OF SUCH POLICIES. LIM113 SHOWN MAY ]-LAVE BEEN Kh0U(;t:U UY PAID CLAIMS. !.A'SR T)PE- OF I.NSUI "ISLE :MIDI S1,B)i PoLLCE':+,•L•'.1LOFR P0L10' FFF 1f1Unw}7 I-Y POLICE' FAP LWITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE - CLAIMS -MADE ❑OCCUR CLAIM F�.PFI _ IZI x B E� DAIvMAGE TD RENTED PREMISES (Ea occurrence) 5 ME E%P (Any one person) PERSONAL & ADV INJURY 5 - WAIV R' Y� �� �t_ Ji / .��L".� (j I ''4 GEN'L AGGREGATE LIMIT rAP�PLIES PER: PpLICY PRO LdC JECT L—JUJ GENERAL AGGREGATE 5 FRODL C75 - C061PIfl? AG 5 OTHER' AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accidenl) 5 BODILY INJURY {Per poison) 5 ANY AUTO ALL OWNED SCHEDULE❑ AUTOS AL1T05 BODILY INJURY [Per accident) ; PROPERTY DAMAGE {Per ac6denl) g NON•OWNE❑ HIRED AUTOS AUTOS UMBRELLALIAa OCCUR EACH OCCURRENCE EXCESS LIAO CLAIMS -MADE AGGREGATE nE raEfENTloNs :1ORKERSCOJIFE%SITI❑"v PER orr. 000.'Ff O 1L'RS"Lr"UB It ITI" STATUTE ER E.L" EACH ACCIDENT ' 100,000 ANY PROPRiETOPJPARTNER/EXECUTIVEYIN A ❑FFICERWEMBER EXCLUDED? fMandaloryinNH) ❑ (VIA7;i S,Ity ,7;7[}SI 7�1e:51�ii11 6/2G1', E.L. DISEASE - EAEMPLDYEE �100 r 000 If yes. describe under DESCRIPTION OF OPERATIONS below E-L. DISEASE • POLICY LIMIT g 5 0 0 000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VERICIMMRD 101. AddRIonaI Remarks Schod ula. may ba all achad if mar* apace la roquIrod) Those usual to the Insured's Operations. RE: Operations and Maintenance sewage treatment plant, _Monroe County Marathon Airport, Monroe County, Florida. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED [Monroe County BEFORE THE EXPIRATION CAT THEREOF, NOTICE WILL SE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZEDREPRESENrATIVE ` Board of County Commissioners 110 S IMONTON ST KEY WEST, FL 33040 Q 1988-2014 ACORD CORPORATION. All rights reserved ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD ❑ST 0007I926 MORGAN INS GROUP 13155 5W 42ND ST MIAMI, FL 33175 1-305-222-9001 Certificate of Insurance Certificate Holder Co1NCId WASTEWATER INC 30375 Q UAI LROOST TRA BIG PINE KEY. FL 33043 Insured ................................... CONCH WASTEWATER INC 30375 QUAIL ROOST TRA BIG PINE KEY. FL 33043 Policy number; 07535399-3 Underwritten by: Progressive Express Ins Company October 3, 2013 Page 1 of 1 Agent ............................................... MORGAN INS GROUP 13155 SW 42ND ST MIAMI. FL 33175 This document certifies that insurance policies identified 'below have been issued by the designated insurer to the insured named above for the period{s} indicated. This Certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. ............................................................................................................................................. Policy Effective Date: Aug 2, 2013 Policy Expiration Date: Aug 2, 2014 Insurance co werag e(x) Limits Bodily Injury/Property Damage 51.000,000 Combined Single Limit .......................................................................................... i.................................................................................. Uninsured Motorist $1,000,000 C5I, Non-Stacked ........................................................................................................................................................................ Personal Injury Prcte[iipn 510.000 �vj$0 Ded - Tamed Insd & Relative Description of LocationNehi+clesf Special Items Scheduled autos only .............................................................................................................................................. 1995 FORD F SUPER DUTY 1 FDLF470SEA28239 .............. I .......... I ................ 1995 MAZDA B2300 4F4CR12A35TM k 5336 ....... 1998 CHRYSLER TOWN & COUNTRY IC4GP64LiWB571236 Certificate number 27513A08399 "Fp ^ GEM}ENr I N.\ it cp;n 5241 (1ojp2)