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Item C01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date:_ January 21 22 2004 Division: Public Works Bulk Item: Yes X No Department: Facilities Maintenance �•_ AGENDA ITEM WORDING: Approval of an Agreement with the Key West Resort Utilities Corp. to connect the sewage system for the Stock Island Fire Station. ITEM BACKGROUND: The Fire Station is currently utilizing a septic and drain field system. K%r.. w v o R&Mi.M v.A t NUUC AUTION: N/A CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval as stated above. TOTALCOST: BUDGETED: Yes X No _ COST TO COUNTY: $2.700.00 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: / Dent Pierce, Director blic Works DOCUMENTATION: Included �` To Follow Not Required DISPOSITION: AGENDA ITEM # C Revised 1/03 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: K.W. Resort Utilities Contract # Effective Date: Expiration Date: Contract Purpose/Description: To connect the Stock Island Fire Station's sewage. Contract Manager: Ann Riger 4549 Facilities Maint/Sto #4 (Name) (Ext.) (Department/Stop #) for BOCC meetin on 01/2104 Agenda Deadline: 12/06/04 CONTRACT COSTS Total Dollar Value of Contract: $ 2,700.00 Current Year Portion: $ 2,700.00 Budgeted? Yes® No ❑ Account Codes: 001-20501-530-461- Grant: $ N/A _ County Match: $ N/A ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: _(Not included in dollar value above (,.Cr mo;-6— — ..4:11:a:. Date In Division Director ij j'o Risk Management 11,do 3 I O.M.B./Purchasing I County Attorney IQ CONTRACT REVIEW Changes Date Out Needed Yes(] No[� ��'�' /1-71,0 91 P. 0. Box 2125 6630 Front Street Key West, Florida 33040 Telephone: (305) 295-0309 Fax: (305) 294-1212 AGREEMENT FOR K. W. RESORT UTILITIES CORP. WASTEWATER SERVICE (RES]IDENTL4,L / CONIlVtERCIAL LESS THAN 1000 GALLONS PER DAY) AGREEMENT THIS AGREEMENT is made on this the 21 s t day of _ :January 201'04 by and among the K.W. Resort Utilities Corp. (Utility), (the "Plumber"), State of Florida / Monroe County / City of Key West License Number and Monroe County Board of County Commissioners. 16) (the "Owner"). WITNESSETH WHEREAS, the Utility is in the process of constructing and/or re-routing sewer mains in the public right of way throughout Stock Island, Florida; and WHEREAS, a lateral connects a home or a commercial property with sewer flows under 1000 gallons per day to a sewer main and is to be located on the homeowner's private property; and WHEREAS, the Owner desires that the Plumber be engaged to install new laterals in the Owner's property in order to connect to the sewer main; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: l . The Property address requesting service is Volunteer Fire Station. 2nd St. and MacDonald Ave Key West FL 33040.` 2. The Owner's address is Clerks Office (attention finance) 500 Whitehead St. Key West FL 33040. 3. The Licensed Plumber and the Owner agree that the Plumber shall install laterals in the Owner's property. If necessary, the Plumber shall undertake to abandon any existing sewer system beneath Owner's property in order to facilitate the re-routing of sewer mains to the public right-of-way. 4• The costs of the installation and connection of the laterals shall be borne solely by the Owner. The cost of the Plumber's work shall be paid by Owner directly to the Plumber. 5. The total anticipated cost of the installation of the laterals (including connection and impact fees) is Capacity Reservation Fee $ 2,700.00 Plumber's Fee $ Inspection Fee $ 150.00 Deposit Paid $ TBD Total Due $ TBD In the event the Plumber's final cost exceeds ten percent (10%) of the estimate contained in this paragraph, the Plumber shall notify the Owner in writing, setting forth the reasons for such additional cost prior to completion of work. 6. Payment Options for Capacity Reservation Fee: a. The Owner must pay the Utility the entire cost of the Capacity Reservation Fee ($2,700 per EDU / 250 GPD) upon execution of this Utility Agreement, or b. The Owner must pay five (5) percent of the Capacity Reservation Fee and execute a Consent and Acknowledgment Agreement, delivering both to Utility upon execution of the Utility Agreement. Owners who elect to finance the balance of the Capacity Reservation Fee will be required to execute a Consent and Acknowledgment Agreement along with this Utility Agreement. The Consent and Acknowledgement Agreement is undertaken in anticipation of the bonding of the Capacity Reservation Fee. The Consent and Acknowledgment Agreement sets forth the Owner's agreement to comply with the Wastewater Ordinance and acknowledges Owner's promise to pay the balance of the Capacity Reservation Fee to Monroe County pursuant to annual Wastewater Ordinance Assessments that will be levied by Monroe County for a period not to exceed twenty (20) years. The Wastewater Ordinance Assessments impose a lien against the subject property and provide a vehicle for Owners to finance the cost. Owner's electing to participate can expect to pay the remaining balance constituting ninety-five (95) percent of the Capacity Reservation Fee over a period of approximately twenty (20) years plus interest each year in the form of the Wastewater Assessment. To take advantage of the bond financing program, the Owner must execute the Consent and Acknowledgment Agreement, which is attached to this Agreement, in addition to paying the five (5) percent Capacity Reservation Fee. 7. The payment options referenced in paragraph six (6) are only options to pay the Capacity Reservation Fee and are separate and distinct from monthly costs for sewer service, which remain the sole responsibility of the Owner. The initial monthly Wastewater Fee is p'er month. Said monthly fee is adjusted annually by the Florida Public Service Commission. -f 4I-?.__c5' J>Z& 7ho,1SA,jD 6A 00AA 8. Each party to this Agreement shall be responsible for his, her or its own actions of negligence. As between the Plumber and the Owner, the contract under which the Plumber is engaged to perform installation work shall govern all issues of scope of services, payment, indemnification, insurance, etc. The Plumber agrees to hold harmless and indemnify the Owner and the Utility, their respective agents, employees and invitees, as applicable, for damage to property or injury to person caused by the Plumber. 9. The Owner and Plumber are responsible to obtain all proper local government and State permits, as applicable. No work shall commence under this A eement until permits are obtained and a Rep of KWRU is notified. 10. This Agreement constitutes the entire agreement among the parties. Any amendment or modification to this agreement shall be in writing and signed by each of the parties. IN WITNESS WHEREOF, the parties have entered this Agreement on the date first written above. ATTEST: K.W. RESORT UTILITIES CORP. By: WITNESS KW RESORT UTILITIES CORP. REPRESENTATIVE Witness as to Plumber PLUMBER MONROE COUNTY ATTORNEI APPROVED AS Witness as to Property Owner PROPERTY OWNER ' - S ANNE A. H TTON 2 Date AS �N7�QUyiT� ATTORNEY