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Item C05
C5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting January 31, 2024 Agenda Item Number: C5 2023-1967 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis n/a AGENDA ITEM WORDING: Ratification and Approval of the emergency purchase with Gary's Plumbing and Fire, Inc. for the replacement of booster pumps for the reclaim water system at the Monroe County Detention Center on Stock Island, and the installation of a new reduced pressure zone device (RPZ) to be used as an emergency by-pass from the reclaim water system to City of Key West/FKAA water system when necessary. ITEM BACKGROUND: The reclaim water system at the Monroe County Detention Center on Stock Island is used for various purposes,primarily the flushing of toilets within the entire Detention Center. The reclaim water system is utilized through the Key West Resort Utilities system and when it fails, the system was set up to allow staff to do a manual transfer to the City of Key West/FKAA water system. In November 2023, the transfer system failed causing the detainees and staff to utilize buckets of water to flush the toilets for over 48 hours. This created not only a health and safety hazard, but also an atmosphere of disorder and chaos amongst the detainees. It was determined that the pumps and backflow apparatus of this reclaim water system were outdated and had reached its life capacity which required immediate replacement. The total amount for the replacement of the pumps and the installation of a new reduced pressure zone device (RPZ) to be used as a by-pass of the reclaim water system to the City of Key West/FKAA water system (when necessary) is $115,836.00. This is funded through the ARPA Grant funds. Furthermore, the County is retrofitting all its pumps to make them uniform by installing Victory VC Pumps which are accessible locally for replacement parts. Immediate action was needed to prevent any further issues occurring and to avoid subjecting Detention Center staff and detainees from the unhealthy exposure they previously experienced. Gary's Plumbing and Fire, Inc. is a local company which carries a stock of the Victory VC Pumps and its replacement parts. Gary's has performed other services for the County and is familiar with the County procedures and is also currently under contract for fire protection maintenance services, but this pump replacement system work did not fall under the scope of its current contract. Staff seeks ratification and approval of the emergency purchase of parts and 291 services from Gary's in the amount of$115,836.00 for the work as noted herein. PREVIOUS RELEVANT BOCC ACTION: N/A INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval DOCUMENTATION: MEMORANDUM ON PUMPS (proposed final rev& signed).pdf COI-08-2024-Garys-Exec.pdf FINANCIAL IMPACT: Effective Date: January 31, 2024 for ratification and approval Expiration Date: N/A Total Dollar Value of Contract: $115,836.00 Total Cost to County: $115,836.00 Current Year Portion: $115,836.00 Budgeted: Yes Source of Funds: ARPA Grant Funds - Cost Center 06068 CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: Yes (ARPA) County Match: No Insurance Required: Yes 292 MEMORANDUM TO: OMB /PURCHASING DEPARTMENT CC: WILL-LAM DESANTIS,CHRISSY COLLINS,DEREK NAPPI,KEVIN WILSON, AND MARTINA LAKE r, FROM: PATRICIA FABLES,ASSISTANT MONROE COUNTY ATTORNEY RE: EMERGENCY WAIVER OF COMPETITIVE PROCUREMENT PROCEDURES FOR REPLACEMENT OF PUMPS FOR PLUMBING SYSTEM AT THE MONROE COUNTY DETENTION CENTER,STOCK ISLAND,KEY WEST, FLORIDA DATE: DECEMBER 22,2023 BACKGROUND Willie DeSantis, Director of Facilities Maintenance, advised that he had been contacted by the Monroe County Sherriff's Dept. and Facilities' staff assigned to the Monroe County Detention Center at Stock Island, during the 2023 Thanksgiving week as to a malfunction in the plumbing system at the Detention Center. This issue resulted in the Detention Center being without operable restroom facilities for an extended period of time. The occupants at the Detention Center facility had to resort to the use of buckets for bathroom facilities, which is not only unhealthy, but extremely unsanitary to say the least. This unacceptable condition resulted in disorder and tension by the Detention Center detainees. Thus, placing Detention Center staff in a precarious position as the detainees became more anxious during the dire situation. Immediate attention is now needed to repair and upgrade this outdated system to prevent future failures such as experienced in late November. The current plumbing system is connected to the KW Resort Utilities system so that the Detention Center is serviced with"gray water"for certain aspects of its plumbing operation such as flushing toilets. The Detention Center is also connected to the City of Key West Utility system for other aspects of the entire water and plumbing system which does not utilize gray water. When there is a failure of the KW Resort Utilities system connection, staff is able to manually transfer the"gray water" plumbing system over to the City water/plumbing system. Thus, keeping the Detention Center fully operational. Unfortunately, when the Thanksgiving week incident occurred, staff discovered that the pipes, pump, and backflow system were not operating properly and therefore, they were unable to do the manual transfer to the City system. Upon further inspection, staff has determined that the entire pipes, pumps, and backflow apparatus of the plumbing system are outdated and has reached its life capacity which requires replacement. A long-time Facilities Maintenance manager, who was assigned specifically to the Detention Center, left his County employment this year and he previously oversaw the operation of this system. Other County staff 1 293 now assigned to the facility are assessing the current status of the building and any other repairs or maintenance which may be needed. Facilities Maintenance staff investigated further and learned that there was not a properly functioning manual switch that would allow staff to make this transfer when it became necessary. The County is retrofitting all its pumps to make them uniform by installing Victory VC Pumps which are accessible locally for replacement parts. Immediate action is needed to prevent any further issues occurring and to avoid subjecting Detention Center staff and detainees from the unhealthy exposure they previously experienced. Gary's Plumbing and Fire, Inc. (Gary's") is a local company which carries a stock of the Victory VC Pumps and its replacement parts. Staff has been unable to locate any other local contractors or companies which maintain this particular equipment in their inventory. By standardizing the pumps for all County facilities, it will be easier and more efficient for repairs and replacement when necessary. The decision was made to contact Gary's for an assessment of the current plumbing system and the manual switch to determine the issue of the failure of the switch in November and what was necessary to prevent this from happening again. Gary's has done other work for the County in the past and currently is under contract with the County for its full maintenance fire protection systems. The work entailed in this project, however, does not fall within the Scope of Work for the fire protection contract. Gary's staff have been found to respond quickly in an emergency and did so in this instance as well. Gary's did an inspection and assessment when meeting with staff on-site and determined what would be required to alleviate the issue from occurring in the future. The required work is beyond the expertise of Facilities Maintenance staff, nor does the County have the essential parts and equipment. Gary's has provided its quote to perform these plumbing services. Monroe County does not have currently have a contract with a plumbing company for ongoing services. DISCUSSION It is my opinion that the discovery of the outdated plumbing system and inability to perform a manual switch from the KW Resort Utilities system to the City of Key West water/plumbing system as needed created a health and safety threat when the incident occurred in late November and would potentially do so again in the immediate future. This issue puts Detention Center staff, detainees, and others who work or frequent that building on a daily basis in jeopardy of being exposed to this unsanitary environment in the event of another failure in the plumbing system and the potential threat of rioting by the detainees. As such, it meets the criteria of an "emergency" as defined in Section 2-347 (k) (1) of the Monroe County Code and Chapter 7(B) of the County Purchasing Policy. The immediate action to investigate the situation and contact a professional in that area of expertise to obtain a quote was reasonable to determine the underlying issue. The purchase of such commodities and services may be obtained in the event of a public emergency under certain conditions pursuant to the County Purchasing Policy in Chapter 7(B)1, when the public emergency will not permit a delay resulting from the competitive solicitation process. The 2 294 Sheriff's Department personnel continues to express the urgency of this situation to Facilities Maintenance staff to prevent the precarious situation from happening again. County staff contacted Gary's and upon doing so also learned that the company maintains the Victory VC Pumps and parts in its inventory. By utilizing this Contractor and installing the Victory equipment, it will then have the Detention Center on the same system as other County facilities and a local contractor available to respond in a timely manner in the event of future issues. Having to wait for a contractor to come from the South Florida area at a time when staff, detainees, and other visitors to the Detention Center may again be placed in the position of not having access to restroom facilities is unacceptable. Gary's Proposal for the repairs and updating of the plumbing system is attached hereto. The total proposal amount is $115,836.00 for this work. Since the Facilities Maintenance Dept. has utilized the services of Gary's before under its current contract and in other situations, they are familiar with County policies and additionally are immediately available to timely perform the work. Staff followed the procedures of the Purchasing Policy, for obtaining the emergency services without the need to obtain additional quotes since the repair amount is less than $150,000, thus preventing further delay. The request for the emergency services to do the manual switch of the plumbing system and determine that an update and replacement system is necessary would not only qualify as an emergency under the Purchasing Policy, but also under various provisions of the Monroe County Code Sec. 2-347(k)(1) in that it is (a) an immediate danger to the public health or safety; and(b) a danger of loss of public or private property that requires immediate government action to prevent further damage to the dual operating plumbing system currently in place. Not only was Detention Center staff being exposed to the unhealthy situation, but it also placed them in a potentially dangerous position in that the detainees were becoming forceful in their disgust over the lack of properly operating restroom facilities, which is a basic necessity for life. CONCLUSION It is my opinion that the actions of staff to determine the immediate cause of the plumbing problem and take the necessary action to remedy the situation at the time in late November and then pursue the long-term solution was the proper action to take under the circumstances. Gary's timely responded, after having performed other such services for the County, were familiar with the services that were needed by staff, maintain the Victory VC pumps in its inventory, and submitted the attached Proposal for this project as requested. The foregoing circumstances, as explained to me, constitute an emergency for purposes of Section 2-347, Monroe County Code and Chapter 7(B), Monroe County Purchasing Policy and warrant the need to proceed under Chapter 7(A) for seeking the services under this single local source with the company being the only one that maintains the particular Victory pump system utilized by the County now. Thus, staff is warranted in requesting that Gary's perform the work to replace and update the system and perform the necessary work in accordance with its proposal without the necessity of obtaining additional competitive bids. In processing the emergency purchase request, however, staff should submit the Proposal from Gary's Plumbing and Fire, Inc., along with this Memo and all other required supporting documentation as required by the Purchasing Policy or other County procedures, in its 3 295 submission to OMB and the Clerk for payment. Since the total costs for these services is over $100,000.00, an agenda item would normally be necessary, however due to the nature of the emergency we are requesting ratification after the fact pursuant to the purchasing levels as set forth in Chapter 2, Section F. of the Purchasing Policy. If you wish to discuss this emergency service further, I am available for discussion. 4 296 ti . . N State Plumbing License Stateire are License C1 25735 � ., ., �� C2 1 11 PROPOSAL November 30, 2023 Monroeounty Detention Center 5501 College Rd. Key West, FL 33040 Attn: William °s,Director of Public Ref-® Reclaim Water System1 s ° Detention Center Gary's Plumbing and Fire, Inc. proposes to provide all labor, material and equipmenti replace existing ester pumps servicing ecl im water source for flushing plumbingfixtures in jail facility and install an emergency byP s manifold that willr vi e water service to facility in the event the re-claim ater pressure system ails, is c i e for service or repair. Existingsystem l be removed is ese of at an appropriate disposal site® New system all be placed existing ith new suctionlines and connect to existing di s e connection. Ne system e and frame shall be 304L stainless steel base and frame. All electrical components and panels shall be outdoor rated with Controller. By-pass ni cal it contain e backwater condition pretec ie e s of an AWWA certified device, with OS&Y valves and lever weighted check valves. OS&Y valve to be monitored to alert of putting system into bypass mode. Electrical scope to disconnect and safe off. Connect all electrical components. Crane service fore en lifting o tank elevation also included. ReclaimPROPOSAL BREAKDOVM: System: , 116.00 VC Systems - Outdoor Reclaimb Bypass:Water Service Permit ees. es •t ` ly Submitted, Gary Centonze, . esident Plumbing nd ire, Inc. 2 d Terrace,Suite I Key West,FL 33040 Phone( 5)296-6013 * Fax(3 5)29 7garyspiumbingl@aol.com Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 INSURER A: p Y P y INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: p y Key West, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 000 000 X EXCESS LAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under AP 1S�C T DESCRIPTION OF OPERATIONS below i( I E.L.DISEASE-POLICY LIMIT $1,000,000 BY_. � AI' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reservPH- ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 298 #S2016777/M1993732 TKM21