Item I6 J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: I.6
Agenda Item Summary #7067
REVISED BACKUP DAY OF MEETING:
Revised ILA attached based on coordination with City of Key West
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator
Christine Hurley
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441
N/A
AGENDA ITEM WORDING: Approval of an Interlocal Agreement with the City of Key West for
sewage pump out services to vessels at anchorages in/near Wisteria Island, Fleming Key, Cow Key
Channel, and Boca Chica Basin for 6 months, while the County issues a request for proposals (RFP)
for a vendor to service pump outs of anchored vessels.
ITEM BACKGROUND: Since 2013, the County has provided Keys-wide Mobile Vessel Pumpout
service. Prior to this date, the County operated an internal program in the Key Largo area which
served vessels at anchorages. At the June 17, 2020 BOCC meeting, the Board granted approval to
advertise a Request for Proposals for this service. The current pump out vendor, Pump Out USA,
was not willing to agree to provide pump outs to vessels under the terms offered by the County
($743,000/year for up to 1,527 pump outs per month).
The County recognizes the importance of reduction, or elimination, of environmental impacts
associated with the illegal discharge of sewage from vessels, and compliance with the regulations of
the federal No Discharge Zone established by the U.S. Environmental Protection Agency and the
Florida Keys National Marine Sanctuary.
The City of Key West has agreed to assist the County, temporarily (6 months estimated)with vessel
pumpout services at the anchorage areas shown in Exhibit A and B (Wisteria Island, Fleming Key,
Cow Key Channel (north and south), and Boca Chica Basin)under the following terms:
• Key West will perform pumpout service for a 6-month term
• County will provide two pump out workers (Temporary Full Time) to be supervised by Key
West to assist Key West Pump Out captains with pumping out anchorages (approximate cost
for 6 months: S36,40 )
• County will provide $25.58 per pumpout up to 1,000 pump outs per month on a
reimbursement basis quarterly (approximate cost for 6 months: 56 ,34,35):
o Key West will document pump outs utilizing daily logs
o Key West will utilize a flag system for vessels to notify pump out boats they are in
need of a pump out
o Key West will place a colored sticker(rotating colors per month) on vessels that have
been pumped out so law enforcement officers know vessels are in compliance with
the County's Proof of Pumpout requirement.
These services are estimated to be:
4 of vessels 4 Pumps per Year Unit Rate Annual Cost
4865 (assumes average
139 of 35 weeks per year) $40.54/pump out $197,248.70
$17.50/Hour
Annual Amount per
2 pumpout workers Employee: 536,400 $ 72,800.00
Difference: $124,448.70
$ 25.58
Annual Cost less hiring ($124,448.70/4865
2 pump out workers pumps per ear
Amount for
reimbursement for 6
months of service S 62,22435
The funding for this service will come from either County Boater Improvement Funds (BIF) and/or a
$325,000 appropriation granted by the State Legislature for the State fiscal year starting July 1, 2020
and continuing through June 30, 2021. The total anticipated cost for this service for 6 months is:
$98,624.35.
Interlocal Agreement is provided for Board approval.
As directed at the June 17, 2020 Board meeting, staff have prepared a Request for Proposal (RFP)
for vendor services to pump out anchorage areas.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
REVISED Interlocal Agreement final (7/14/20)
FINANCIAL IMPACT:
Effective Date: upon execution
Expiration Date: 6 months from commencement
Total Dollar Value of Contract: $153,480 (not-to-exceed)
Total Cost to County: $153,480 (not-to-exceed)
Current Year Portion: upon commencement
Budgeted: Yes
Source of Funds: County Boating Improvement Funds and/or Legislative Allocation
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes,pending Legislative Allocation and subsequent grant agreement with DEP
County Match: No
Insurance Required: No
Additional Details:
Funded by County Boating Improvement Funds and/or Legislative Allocation
REVIEWED BY:
Christine Hurley Completed 06/30/2020 1:40 PM
Celia Hitchins Completed 06/30/2020 1:45 PM
Peter Morris Completed 06/30/2020 2:17 PM
Purchasing Completed 06/30/2020 2:58 PM
Budget and Finance Completed 06/30/2020 3:45 PM
Maria Slavik Completed 06/30/2020 3:46 PM
Kathy Peters Completed 06/30/2020 4:34 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (hereinafter"Agreement") is entered into as of this
day of , 2020, between Monroe County, a political subdivision of the State
of Florida (hereinafter "Monroe County" or "County") and the City of Key West, a municipal
corporation organized and existing under the laws of the State of Florida (hereinafter "City of
Key West" or"City").
WITNESSETH:
WHEREAS, the Board of County Commissioners is the legislative body of Monroe
County, Florida; and
WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are
situated within the boundaries of the Florida Keys National Marine Sanctuary and have, since
2001, been designated a federal No Discharge Zone by the United States Environmental
Protection Agency; and
WHEREAS, Monroe County Comprehensive Plan Objective 203.3.1, Monroe County
Comprehensive Plan Policies 202.3.1-202.3.2, and Monroe County Land Development Code
Section 118-16, require that all marinas and marine facilities must have on-site pumpout
systems, and that all marinas and marine facilities must have on-site pumpout systems
("systems" or"facilities"), and that all such pumpout facilities stay in working order; and
WHEREAS, it has been determined that it is in the interest of the residents of and
visitors to the County that an interlocal agreement for vessel pumpout services be entered into
with the City for the provision of such service(s); and
WHEREAS, the City desires to provide such service(s); and
WHEREAS, the Board finds that this interlocal agreement (hereinafter "ILA" or
"Agreement") is necessary to advance the County's valid health, safety, and welfare police
power interests;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated herein.
Section 2. Representations and Warranties. By executing this Agreement, the City
represents and warrants to the County:
2.1 The City shall maintain all necessary licenses, permits, or other authorizations
necessary for the provision of this service until its duties hereunder have been
fully satisfied.
1 of 14
The City shall prepare all documentation required by this Agreement in such a manner that they
will be accurate, coordinated, and adequate for use in verifying work completed and associated
costs and shall be in conformity and comply with all applicable law, codes, and regulations
2.2 In providing all services pursuant to this Agreement, the City shall abide by all
statutes, ordinances, rules and regulations pertaining to, or regulating the
provisions of such services, including those now in effect and hereafter adopted.
At the discretion of each party, any violation by the other party of applicable
statutes, ordinances, rules or regulations shall constitute a material breach of this
Agreement and shall entitle the first party to terminate this Agreement
immediately upon delivery of written notice of termination to the other.
2.3 The City shall not be considered an "employee" of the County, nor shall the
County be considered an "employee" of the City. No statement contained in this
Agreement shall be construed so as to find the City or any of its employees,
subcontractors, servants, or agents to be employees of the County, or vice versa.
Each party shall provide its independent, professional judgment and comply with
all federal, state, and local statutes, ordinances, rules and regulations applicable to
the service to be provided.
2.4 The City and County shall not discriminate against any person on the basis of
race, creed, national origin, sex, age, or any other characteristic or aspect which is
not job related, in its recruiting, hiring, promoting, terminating, or any other area
affecting employment under this Agreement or with the provision of services or
goods under this Agreement.
Section 3. Effective Date and Term.
3.1 This Agreement shall become effective upon execution by both parties. However,
this Agreement is contingent upon sufficient, continuous funding to the County by
the Florida Department of Environmental Protection (hereinafter "FDEP") and/or
other sources. If the applicable FDEP (and/or other) funding agreement(s) is/are
cancelled or becomes insufficiently funded, this ILA is also void, unless the
parties amend it in the same manner as it was originally approved.
3.2 The parties shall be bound by this ILA upon the Agreement's mutual execution by
both parties. The end-date ("completion date") of this ILA shall be the day
immediately following completion of six (6) calendar months from the date (day)
on which the City commences the mobile pumpout service at the direction of the
County Administrator in consultation with the City Manager. The mobile
pumpout service shall continue for six (6) full months from that date (the "date of
commencement").
3.3 Renewal. The parties have the option to renew this Agreement for an additional six
(6)month term.
Section 4. Default. In the event of failure of compliance by either party hereto with any
of its material obligations to the other party as provided herein, such action shall constitute a
2of14
default under this Agreement. Upon such default, the non-defaulting party shall provide to the
defaulting party a written Notice of such default, which Notice (a"Default Notice") shall state in
reasonable detail the actions the defaulting parry must take to cure the same. The defaulting party
shall cure any such default within thirty (30) days following the date of the Default Notice.
Notwithstanding the provisions of this Section. If any such default by the defaulting parry
remains uncured at the conclusion of any specified thirty (30) day cure period, and if the nature
of the defaulting party's obligations are such that more than thirty (30) days is required to effect
the cure, then the defaulting parry shall not be in default hereunder and the non-defaulting party
shall not have the right to exercise its termination rights granted herein as a result of any such
default, if the defaulting parry commences the cure within the applicable cure period and
thereafter diligently pursues the cure to completion of performance. In the even the defaulting
party fails to affect any required cure as provided for herein, the defaulting party shall be deemed
to be in uncured default hereunder, and the non-defaulting party shall have the right, but shall not
be obligated, upon written Notice to the defaulting party, to terminate this Agreement. If such
Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties
shall be relieved of all rights and obligations hereunder, except for any rights and obligations that
expressly survive termination.
Section 5. To the extent permitted bylaw and subject to the provisions and monetary
limitations of Florida Statutes § 768.28, the County and City do hereby agree to defend,
indemnify and hold the other, its officers, agents or employees, harmless from and against any
and all liability, damages, costs or expenses (including reasonable attorney's fees, costs, and
expenses at the administrative, trial and appellate levels) arising from, related to, or in
connection with the acts or omissions of the respective party or any third-party vendor contracted
by the respective party in connection with this Agreement.
Section 6. Scone of Services.
6.1 The City and County employees shall do, perform, and carry out in a professional
and proper manner,the Scope of Services described below.
6.2 The City and County employees shall utilize a pumpout sticker system to assist
Florida Fish and Wildlife Conservation Commission (hereinafter "FWC") in
assuring anchored vessels are not discharging sewage into marine sanctuary (NDZ)
waters. Upon the first service by the Pumpout Vessel to the Serviced Vessel, the
Pumpout Vessel Captain shall affix the identification decal (indicating the month
and year of the pumpout) to the bow of the serviced vessel, adjacent to the location
of its state vessel registration decal. An identification decal may not be provided to a
vessel owner or affixed to a vessel unless it has been serviced by the City's Pumpout
Vessel, and service shall not be provided to any vessel (which does not have sewage
to be pumped) simply for the purpose of acquiring an identification decal. Service
may also be denied if the vessel to be pumped out is not properly equipped, as
determined by the City, to provide for a safe, secure pumpout (for example,
improper deck fittings or improper sewage lines, etc.) which may reasonably result
in a sewage leak or other breakdown, danger, or malfunction. Each time a pumpout
is conducted upon a new calendar month, a new month and year identification deal
shall be affixed to the vessel.
3of14
6.3 Upon the first service by the Pumpout Vessel to the Serviced Vessel, the Pumpout
Vessel Captain shall also provide an orange pumpout flag to the vessel
owner/operator. After the first service, a vessel owner/operator wishing to receive
subsequent pumpout service shall display the orange pumpout flag when service
is requested in order to receive pumpout service. The City shall not pump out a
vessel that does not display the orange pumpout flag even if the vessel is
registered for routine service. A weekly service schedule shall be made available
on the City's website so vessel owners know when to expect service in their area.
Pumpouts may be performed based on a weekly service schedule providing a
maximum of one pumpout per week per individual vessel.
6.4 The parties agree that the marine pumpout service areas contemplated and
encompassed by the scope of services herein.
6.5 The County shall hire two temporary full-time (40 hours/5 days per week) marine
pumpout workers to assist the City's Pumpout Vessel Captains in conducting
pumpouts. These staff will be supervised by City staff and must adhere to the
County's performance standards. The County staff members shall also assist the
City's pumpout operations in the City's mooring fields in order for City to be able to
provide its assistance with the County pumpouts. City will not be compensated by
County for the pumpouts in the City mooring fields.
6.6 If either of the County hired temporary full time marine pumpout workers behavior
violate City performance standards, the City Pump Out Vessel Captains shall notify
the City Port Authority Director and the County Senior Marine Resources
Administrator. The County shall investigate the report according to County
Employee policy for discipline,up to and including termination.
6.7 The City shall commence the mobile pumpout service contemplated herein at the
direction of the County Administrator or his designee, in consultation with the City
Manager or his designee.
6.8 Daily Lots. The City shall submit daily pumpout logs to the Monroe County
Planning and Environmental Resources Department's Marine Resources Office
Senior Administrator on a monthly basis, which shall be specific to each pumpout
vessel,pumpout vessel captain, and service area. The daily log shall include:
The date of service;
Q The name and registration number of each vessel pumped; and
The number of gallons of sewage pumped out for each vessel.
The City shall ensure that the volume of sewage pumped out shall be totaled
at the bottom of each pumpout log. It may also be necessary to provide
additional documentation for State requirements, such as method of disposal.
4of14
6.9 Authorized Work Eligible for Compensation.
6.9.1 The City shall only pump-out anchored out vessels (i.e., "anchor-outs") in
the areas specified in Exhibit "A." delineating certain areas around Wisteria
Island, Fleming Key, Cow Key Channel, and Boca Chica Basin.
6.9.2 The County shall pay the City $25.58 per pumpout, for a maximum of 1,000
pumpouts per month,billed quarterly.
6.9.3 Not-to-Exceed Amount. This Agreement's total not-to-exceed amount per
month shall be $25,580; this Agreement's total not-to-exceed amount per
quarter shall be $76,740; this Agreement's total not-to-exceed six-month
amount shall be $153,480.
Section 7. Notwithstanding the provisions of Florida Statutes § 768.28, the participation of
the City and the County in this Agreement and the acquisition of any insurance, including but not
limited to any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any agreement or contract entered into by the County or City
be required to contain any provision for waiver.
Section 8. Amount of Compensation and Availability of Funds.
8.1 The City shall not charge customers of the pumpout service for the service(s)
rendered under this Agreement.
8.2 Payment.
8.2.1 The County shall pay the City in for the City's performance of authorized work.
8.2.2 Consulting, lobbying, travel and lodging are specifically excluded from payment.
Payment shall be made only for services provided and there are no reimbursable
items.
8.2.3 County payment to the City will be made after services are rendered and the City
sends Monroe County an invoice. The invoice shall describe in detail the services
performed, the payment amount requested, and supporting documentation, and must
include: (A.) The invoice date; B� The agreement number, if applicable; (C.)
Date(s) of Service; M. Documentation of number of pumpouts performed. And(E.)
Daily Logs.
8.2.4 Budget. The City may not be entitled to receive, and the County is not obligated
to pay, any fees or expenses in excess of the amount budgeted for this Agreement
in the County's fiscal year (October 1 - September 30) by the County's Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the County's Board of County Commissioners. The County's
performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners and the approval of
5of14
the Board members at the time of Agreement initiation, and is furthermore
contingent upon sufficient, continuous funding to the County by FDEP and/or
other sources.
Section 9. Contractor's License.
9.1 The City shall secure, maintain and pay for any permits and licenses
necessary to operate pumpout vessels and associated equipment and
infrastructure. It is the City's responsibility to maintain all permits and
licenses that may be required. By signature hereon, the City warrants that it is
authorized by law to engage in the performance of the activities herein
described, subject to the terms and conditions set forth in these Agreement
documents. Proof of such licenses and approvals shall be submitted to the
County upon request. The City has, and shall maintain throughout the term of
this Agreement, appropriate licenses and approvals required to conduct its
business, and hereby represents that it will at all times conduct its activities in
a reputable manner.
9.2 To the extent required by law in connection with the County's two temporary
full-time(40 hours/5 days per week)marine pumpout workers,the County shall
secure, maintain, and pay for any necessary permits and licenses, and it shall
be the County's responsibility, regarding its two temporary full-time marine
pumpout workers, to maintain all permits and licenses that may be required.
By signature hereon, the County warrants that it is authorized by law to
engage in the performance of the activities herein described, subject to the
terms and conditions set forth in these Agreement documents. Proof of such
licenses and approvals shall be submitted to the City upon request. The
County has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and
hereby represents that it will at all times conduct its activities in a reputable
manner.
Section 10. Staffing. Staffing is of paramount importance. Each party shall provide at
its own expense all necessary personnel to provide the services under this Agreement. One
party's personnel shall not be employees of or have any contractual relationship with the other.
Section 11. Utilities. The City shall be responsible for payment of any utility charges
associated with the mobile pumpout service.
Section 12. Indemnification and Hold Harmless.
12.1 To the extent allowed by law and subject to the Sovereign immunity limits of
Section 768.28 Florida Statutes he City covenants and agrees to hold
harmless the County, and its officers and employees, from liabilities,
damages, losses, and costs, including but not limited to, all fines, suits,
claims, demands, actions, costs, obligations, and attorney's fees, or liability
of any kind (1)arising out of, related to, or in connection with the
6of14
negligence, recklessness, or intentional wrongful conduct of the City,
subcontractor(s), and other persons employed or utilized by the City in the
performance of the Agreement, or Q arising out of, related to, or in
connection with the willful non-performance of the City.
12.2 To the extent allowed by laws and subject to the Sovereign immunity limits
of Section 768.25 Florida Statutes the County covenants and agrees to hold
harmless the City, and its officers and employees, from liabilities, damages,
losses, and costs, including but not limited to, all fines, suits, claims,
demands, actions, costs, obligations, and attorney's fees, or liability of any
kind LI)arising out of, related to, or in connection with the negligence,
recklessness, or intentional wrongful conduct of the County,
subcontractor(s), and other persons employed or utilized by the County in the
performance of the Agreement, or(2) arising out of, related to, or in
connection with the willful non-performance of the County.
Section 13. Breach of Terms. The passing, approval, and/or acceptance by one party
of any defect in the services furnished by the other, shall not operate as a waiver by the first party
of strict compliance with the terms of this Agreement, and specifications covering the services.
The breach by either party of this Agreement shall be governed by the section(s)below on
termination for cause.
Section 14. Termination Without Cause. Each party may terminate this Agreement
without cause by providing the other with written notice of termination at least thirty (30) days
prior to the date of termination. Authorized compensation shall be paid to the other through the
end of provision or services or for the thirty (30) days, whichever is shorter.
Section 15. Termination with Cause. In addition to all the terms set forth herein,
each party may terminate this Agreement for cause if the other shall default in the performance
of any of its obligations under this Agreement.
Section 16. Maintenance of Records. Each party shall comply with all public records
and records retention requirements mandated by Section 24, Article I, of the Florida
Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books,
documents, and records directly pertinent to performance under this Agreement as are necessary
to document the performance of this Agreement and expenses as incurred and in accordance with
generally accepted accounting principles consistently applied. Records shall be retained for a
period of 7 years from the termination of this Agreement or for a period of 3 years from the date
of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is
greater. Each party shall have the right to unilaterally cancel this Agreement upon violation of
this provision by the other. Failure of one party to abide by the terms of this provision shall be
deemed a material breach of this Agreement. This provisions shall survive any termination or
expiration of the Agreement. Each party to this Agreement or its authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement during
the term of the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the County or Monroe County Clerk of Court determines that monies paid
7of14
to the City pursuant to this Agreement were spent for purposes not authorized by this Agreement,
or were wrongfully retained by the City, the City shall repay the monies together with interest
calculated pursuant to Florida Statutes § 55.03, running from the date the monies were paid by
the County.
Section 17. Public Access and Public Records Compliance. The parties must
comply with all Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24, Article I, of the Florida Constitution. The parties shall each 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 City in connection with
this Agreement and related to Agreement performance. Either party has the right to unilaterally
cancel this Agreement upon violation of this provision by the other. This provision shall survive
any termination or expiration of the Agreement.
Each party is encouraged to consult with its advisors about Florida's public records laws in order
to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and
conditions of this Agreement, each party is required to:
Keep and maintain public records that would be required by the other to perform the
service contemplated hereunder.
Upon receipt from one party's custodian of records, confirm receipt of public records
requests and provide 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.
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 Agreement term(s) and following expiration, termination, and/or completion of the
Agreement if one party with sole possession of records related to this Agreement does not
transfer such records to the other party.
Upon completion of the Agreement, transfer, at no cost, to the other party all public
records in possession of the first party or keep and maintain public records that would be
required by the other party to perform the service. If one party transfers all public records
to the other upon completion of the Agreement, that party shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If one party keeps and maintains public records upon completion of the
Agreement, that party shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to the other party, upon request from
the other party's custodian of records, in a format that is compatible with the information
technology systems of the other party.
A request to inspect or copy or obtain public records relating to a County Agreement
must be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the City of the request, and the City must
provide the records to the City or allow the records to be inspected or copied within a
8of14
reasonable time.
A request to inspect or copy or obtain public records relating to a City Agreement must
be made directly to the City, but if the City does not possess the requested records, the
City shall immediately notify the County of the request, and the County must provide the
records to the City or allow the records to be inspected or copied within a reasonable time.
If one party does not comply with the other's request for records, that first party shall enforce the
Agreement's maintenance of records and/or public access and public compliance provisions,
notwithstanding the its option and right to unilaterally cancel this Agreement upon violation of
said provision(s)by the other. A party who fails to provide the public records to the other, or on
behalf of the other as set forth herein,pursuant to a valid public records request within a
reasonable time, may be subject to penalties under Florida Statutes § 119.10.
The neither party shall 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.
Section 18. Compliance with Law. In providing all service pursuant to this
Agreement, each party shall abide by all statutes, ordinances, rules, and regulations pertaining to,
or regulating the provisions of, such service, including those now in effect and hereinafter
adopted. Any violation by one party of said statutes, ordinances, rules, and regulations shall
constitute a material breach of this Agreement and shall entitle the other party to terminate this
contract immediately upon delivery of written notice of termination to the first.
Section 19. Disclosure, Conflict of Interest, and Code of Ethics.
Each party represents that it, its officers and employees,presently have no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner
with the performance of services required by this Agreement, as provided in Section
112.311, et. seq., Florida Statutes.
LRI Each party agrees that its officers and employees recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance
of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
Section 20. Notice Requirements. Any notice required or permitted under this
Agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party
by certified mail, returned receipt requested, to the following:
FOR MONROE COUNTY, FLORIDA:
Roman Gastesi, Jr.
County Administrator
Monroe County Historic Gato Bldg.
9of14
1100 Simonton Street
Key West, Florida 33040
With copies to:
Robert B. Shillinger, Esq.
Monroe County Attorney
1111 12th St., Suite 408
Key West, FL 33041
and
Emily Schemper
Senior Director- Monroe County Planning & Envtl. Resources Department
2798 Overseas Hwy.
Marathon, FL 33050
If to CITY:
Gregory W. Veliz
City Manager
City of Key West
P.O. Box 1409
Key West, Florida 33041
With a copy to:
Shawn Smith, Esq.
City Attorney
City of Key West
P.O. Box 1409
Key West, FL 33041
Any Notice required by this Agreement to be given or made within a specified period of time, or
on or before a date certain, shall be deemed to have been duly given if sent by certified mail,
return receipt requested,postage and fees prepaid; hand delivered; or sent by overnight delivery
service.
Section 21. No Third-Party Beneficiaries. Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
Section 22. Claims for State or Federal Aid. Each party agrees that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement;provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
Section 23. Privileges and Immunities.
10 of 14
23.1 All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to
the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
23.2 All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the City, when
performing their respective functions under this Agreement within the
territorial limits of the City shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the City.
Section 24. Regulatory Powers.
24.1 Nothing contained herein shall be construed as waiving either party's
regulatory approval or enforcement rights or obligations as it may relate to
regulations of general applicability, which may govern the Agreement.
24.2 Nothing herein shall be deemed to create an affirmative duty of either party
to abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in
accordance with ordinances, rules and regulations, federal laws and
regulations and state laws and regulations.
Section 25. No Personal Liability. No covenant or agreement contained herein shall
be deemed to be a covenant or agreement of any member, officer, agent or employee of the
County or City in his or her individual capacity, and no member, officer, agent or employee of
the County or City shall be liable personally in connection with this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
Section 26. Governing Law,Venue, Interpretation, Costs and Fees. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to ILAs made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of
this ILA, the parties agree that venue shall lie in the 16th Judicial Circuit, Monroe County,
Florida, in the appropriate court or before the appropriate administrative body. This ILA shall not
be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
llof14
Section 27. Attorney's Fees and Costs. To the extent allowed by law and subject to
the Sovereign Immunity limits of Chapter 768.28 the County and City agree that in the event any
cause of action or administrative proceeding is initiated or defended by any parry relative to the
enforcement or interpretation of this ILA, the prevailing party shall be entitled to reasonable
attorneys' fees and costs, and out-of-pocket expenses, including the fees and expenses of any
paralegals, legal assistants and law clerks, and including fees and expenses charged for
representation at administrative, trial and appellate levels.
Section 28. Adiudication of Disputes or Disagreements. The County and City agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement and, to the extent not covered by this Agreement, by general
law. This provision does not negate or waive the preceding provisions of this ILA concerning
termination or cancellation.
Section 29. Cooperation. In the event any administrative or legal proceeding is
instituted against either parry relating to the formation, execution,performance, or breach of this
ILA, the County and City agree to participate, to the extent required by the other party, in all
proceedings, hearings,processes, meetings, and other activities related to the substance of this
ILA or provision of the service under this Agreement.
Section 30. Non-Assignability. This Agreement shall not be assignable by either party
unless such assignment is first approved by both parties.
Section 31. Independent Contractor.
31.1 The City and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractor and not agents or employees of
the County with respect to all of the acts and services performed by and
under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
31.2 The County and its employees, volunteers, agents, vendors and
subcontractors shall be and remain independent contractor and not agents or
employees of the City with respect to all of the acts and services performed
by and under the terms of this Agreement. This Agreement shall not in any
way be construed to create a partnership, association or any other kind of
joint undertaking, enterprise or venture between the parties.
Section 32. Severability. If any term, covenant, condition or provision of this ILA (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this ILA shall be valid and shall be enforceable to the
12 of 14
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this ILA. The County and City agree to reform the ILA to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 33. Survival of Provisions. Any terms or conditions of either this Agreement
that require acts beyond the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either parry.
Section 34. Authority. Each parry represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
Section 35. Entire Agreement. This ILA constitutes the entire Agreement between
the County and the City for the services contemplated herein. Any amendments or revisions to
this ILA must be in writing and be executed in the same manner as this Agreement.
Section 36. Section Headings. Section headings have been inserted in this ILA as a
matter of convenience of reference only, and it is agreed that such section headings are not a part
of this ILA and will not be used in the interpretation of any provision of this Agreement.
Section 37. Execution in Counterparts. This ILA may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this ILA by
signing any such counterpart.
In Witness Whereof, the parties have executed this Agreement as indicated below.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
As Deputy Clerk Mayor Heather Carruthers
MONROE COUNTY ATTORNEY
D Of ORM
Cate: 7i190
[The remainder of this page has been intentionally left blank.]
13of14
CITY OF KEY WEST, FLORIDA
Gregory W. Veliz, City Manager
Date:
APPROVED AS TO FORM AND
(SEAL) LEGALITY FOR THE USE AND
RELIANCE OF CITY OF KEY WEST,
ATTEST: Cheri Smith, City Clerk FLORIDA ONLY:
BY: BY:
Clerk Shawn Smith
14 of 14
E x hibit A.
Loner kevs Reudon
NVIslerh and Fleming Key Anchorages
Key West Dght C4 Marina
(S5 per 25 gallons)
�Vb'SX�fk3
(4�We'SS81S)
r Rl
L.
Conch ••
Ifreel
r•'T
10
2of3
Cow Key C'hanad and Roes C Men Basin Anch,i=i gr*
Cow Key North
[10 Vessels)
Boca Chwca
4+v+ (20 vessels)
p YY
y^�
4 e
Caw Key South µ
(12 vessels) r
P
3 of 3
� L6
� � �, BOARD OF COUNTY COMMISSIONERS
County of Monroe � ��r�i
�r � s�� Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District 1
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
July 15, 2020
Agenda Item Number: I.6
Agenda Item Summary #7067
BULK ITEM: Yes DEPARTMENT: Assistant County Administrator
Christine Hurley
TIME APPROXIMATE: STAFF CONTACT: Christine Hurley (305) 292-4441
N/A
AGENDA ITEM WORDING: Approval of an Interlocal Agreement with the City of Key West for
sewage pump out services to vessels at anchorages in/near Wisteria Island, Fleming Key, Cow Key
Channel, and Boca Chica Basin for 6 months, while the County issues a request for proposals (RFP)
for a vendor to service pump outs of anchored vessels.
ITEM BACKGROUND: Since 2013, the County has provided Keys-wide Mobile Vessel Pumpout
service. Prior to this date, the County operated an internal program in the Key Largo area which
served vessels at anchorages. At the June 17, 2020 BOCC meeting, the Board granted approval to
advertise a Request for Proposals for this service. The current pump out vendor, Pump Out USA,
was not willing to agree to provide pump outs to vessels under the terms offered by the County
($743,000/year for up to 1,527 pump outs per month).
The County recognizes the importance of reduction, or elimination, of environmental impacts
associated with the illegal discharge of sewage from vessels, and compliance with the regulations of
the federal No Discharge Zone established by the U.S. Environmental Protection Agency and the
Florida Keys National Marine Sanctuary.
The City of Key West has agreed to assist the County, temporarily (6 months estimated)with vessel
pumpout services at the anchorage areas shown in Exhibit A and B (Wisteria Island, Fleming Key,
Cow Key Channel (north and south), and Boca Chica Basin)under the following terms:
• Key West will perform pumpout service for a 6-month term
• County will provide two pump out workers (Temporary Full Time) to be supervised by Key
West to assist Key West Pump Out captains with pumping out anchorages (approximate cost
for 6 months: $36,40 )
• County will provide $25.58 per pumpout up to 1,000 pump outs per month on a
reimbursement basis quarterly (approximate cost for 6 months: $6 ,34.35):
o Key West will document pump outs utilizing daily logs
o Key West will utilize a flag system for vessels to notify pump out boats they are in
need of a pump out
Packet Pg. 2761
L6
o Key West will place a colored sticker(rotating colors per month) on vessels that have
been pumped out so law enforcement officers know vessels are in compliance with
the County's Proof of Pumpout requirement.
These services are estimated to be:
4 of vessels 4 Pumps per Year Unit Rate Annual Cost
4865 (assumes average
139 of 35 weeks per year) $40.54/pump out $197,248.70
$17.50/Hour
Annual Amount per
2 um out workers Employee: 536,400 $ 72,800.00
Difference: $124,448.70
$ 25.58
Annual Cost less hiring ($124,448.70/4865
2 um out workers pumps per ear
Amount for
reimbursement for 6
months of service S 62,22435
The funding for this service will come from either County Boater Improvement Funds (BIF) and/or a
$325,000 appropriation granted by the State Legislature for the State fiscal year starting July 1, 2020
and continuing through June 30, 2021. The total anticipated cost for this service for 6 months is:
$98,624.35.
Interlocal Agreement is provided for Board approval.
As directed at the June 17, 2020 Board meeting, staff have prepared a Request for Proposal (RFP)
for vendor services to pump out anchorage areas.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
Exhibit A - Cow Key Channel and Boca Chica Basin Anchorages
Exhibit B - Wisteria& Fleming Key Anchorages
Interlocal Agreement final
FINANCIAL IMPACT:
Packet Pg. 2762
L6
Effective Date: upon execution
Expiration Date: 6 months from commencement
Total Dollar Value of Contract: $153,480 (not-to-exceed)
Total Cost to County: $153,480 (not-to-exceed)
Current Year Portion: upon commencement
Budgeted: Yes
Source of Funds: County Boating Improvement Funds and/or Legislative Allocation
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant: Yes,pending Legislative Allocation and subsequent grant agreement with DEP
County Match: No
Insurance Required: No
Additional Details:
Funded by County Boating Improvement Funds and/or Legislative Allocation
REVIEWED BY:
Christine Hurley Completed 06/30/2020 1:40 PM
Celia Hitchins Completed 06/30/2020 1:45 PM
Peter Morris Completed 06/30/2020 2:17 PM
Purchasing Completed 06/30/2020 2:58 PM
Budget and Finance Completed 06/30/2020 3:45 PM
Maria Slavik Completed 06/30/2020 3:46 PM
Kathy Peters Completed 06/30/2020 4:34 PM
Board of County Commissioners Pending 07/15/2020 9:00 AM
Packet Pg. 2763
jo A4!0 tau 4! ) seBejoq3uV uisega!u a pue lauueqo Aam moo- V 4!q!gx :4u8ua 3 44
co N
Cb
aCA
m
ch
ac
U
_ tC
is
e {
t
NI'
t
E
p M1 Ft
t n kn
t �
Ii �>
�I
r x ,
i
(4soM AoM jo A4!0 tau 4! ) seBejoq3uV AoM Buiwel_quo4s! 4! ! x :4u8ua 3 44 LO
co N
Cb
ICU
IS
ac
_... ..
U
# L
fi n,f
ri
vS
f3 S� v iYY'
S
A)��)SSlf�f}J ff�j
E
m� Lo
1 G
rt i fs i�Y4Y ^3 ,
1
t fir,
f ,
4
`m
\f ,
v
1
F tl
fv r s,
Ln
1.6.c
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (hereinafter"Agreement") is entered into as of this
day of , 2020, between Monroe County, a political subdivision of the State
of Florida (hereinafter "Monroe County" or "County") and the City of Key West, a municipal
corporation organized and existing under the laws of the State of Florida (hereinafter "City of
Key West" or"City").
WITNESSETH:
WHEREAS, the Board of County Commissioners is the legislative body of Monroe y
County, Florida; and
WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are
situated within the boundaries of the Florida Keys National Marine Sanctuary and have, since 0
2001, been designated a federal No Discharge Zone by the United States Environmental
Protection Agency; and
WHEREAS, Monroe County Comprehensive Plan Objective 203.3.1, Monroe County
Comprehensive Plan Policies 202.3.1-202.3.2, and Monroe County Land Development Code
Section 118-16, require that all marinas and marine facilities must have on-site pumpout
systems, and that all marinas and marine facilities must have on-site pumpout systems
("systems" or"facilities"), and that all such pumpout facilities stay in working order; and
WHEREAS, it has been determined that it is in the interest of the residents of and
visitors to the County that an interlocal agreement for vessel pumpout services be entered intoi
with the City for the provision of such service(s); and
E
WHEREAS, the City desires to provide such service(s); and 2
WHEREAS, the Board finds that this interlocal agreement (hereinafter "ILA" or
"Agreement") is necessary to advance the County's valid health, safety, and welfare police o
power interests;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows: E
Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated herein.
Section 2. Representations and Warranties. By executing this Agreement, the City
represents and warrants to the County:
2.1 The City shall maintain all necessary licenses, permits, or other authorizations
necessary for the provision of this service until its duties hereunder have been
fully satisfied.
1 of 17
Packet Pg. 2766
1.6.c
2.2 The City shall prepare all documentation required by this Agreement in such a
manner that they will be accurate, coordinated, and adequate for use in verifying
work completed and associated costs and shall be in conformity and comply with
all applicable law, codes, and regulations.
2.3 The City assumes full responsibility to the extent allowed by law with regard to
its performance and with regard to those directly under its employ or authority.
2.4 The City's services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly progress of Tasks expressly assigned
by the County. In providing all services pursuant to this Agreement, the City shall
abide by all statutes, ordinances, rules and regulations pertaining to, or regulating
the provisions of such services, including those now in effect and hereafter
adopted. At the discretion of each party, any violation by the other party of
applicable statutes, ordinances, rules or regulations shall constitute a material 0
breach of this Agreement and shall entitle the first party to terminate this
Agreement immediately upon delivery of written notice of termination to the
other.
2.5 The City shall not be considered an "employee" of the County, nor shall the U
County be considered an "employee" of the City. No statement contained in this CO
Agreement shall be construed so as to find the City or any of its employees,
subcontractors, servants, or agents to be employees of the County, or vice versa.
Each party shall provide its independent, professional judgment and comply with =-
all federal, state, and local statutes, ordinances, rules and regulations applicable to 76
the service to be provided. i
2.6 The City and County shall not discriminate against any person on the basis of E
race, creed, national origin, sex, age, or any other characteristic or aspect which is 2
not job related, in its recruiting, hiring, promoting, terminating, or any other area <
affecting employment under this Agreement or with the provision of services or
goods under this Agreement.
Section 3. Effective Date and Term.
3.1 This Agreement shall become effective upon execution by both parties. However,
this Agreement is contingent upon sufficient, continuous funding to the County by
the Florida Department of Environmental Protection (hereinafter "FDEP") and/or
other sources. If the applicable FDEP (and/or other) funding agreement(s) is/are
cancelled or becomes insufficiently funded, this ILA is also void, unless the
parties amend it in the same manner as it was originally approved.
3.2 The parties shall be bound by this ILA upon the Agreement's mutual execution by
both parties. The end-date ("completion date") of this ILA shall be the day
immediately following completion of six (6) calendar months from the date (day)
on which the City commences the mobile pumpout service at the direction of the
County Administrator in consultation with the City Manager. The mobile
2of17
Packet Pg. 2767
1.6.c
pumpout service shall continue for six (6) full months from that date (the "date of
commencement").
3.3 Renewal. The parties have the option to renew this Agreement for an additional six
(6)month term.
Section 4. Default. In the event of failure of compliance by either parry hereto with any
of its material obligations to the other parry as provided herein, such action shall constitute a
default under this Agreement. Upon such default, the non-defaulting parry shall provide to the
defaulting party a written Notice of such default, which Notice (a"Default Notice") shall state in
reasonable detail the actions the defaulting parry must take to cure the same. The defaulting parry
shall cure any such default within thirty (30) days following the date of the Default Notice.
Notwithstanding the provisions of this Section. If any such default by the defaulting party
remains uncured at the conclusion of any specified thirty (30) day cure period, and if the nature
of the defaulting party's obligations are such that more than thirty (30) days is required to effect 0
the cure, then the defaulting parry shall not be in default hereunder and the non-defaulting parry
shall not have the right to exercise its termination rights granted herein as a result of any such
default, if the defaulting party commences the cure within the applicable cure period and
thereafter diligently pursues the cure to completion of performance. In the even the defaulting
party fails to affect any required cure as provided for herein, the defaulting parry shall be deemed 0
to be in uncured default hereunder, and the non-defaulting party shall have the right, but shall not
be obligated, upon written Notice to the defaulting parry, to terminate this Agreement. If such
Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties
shall be relieved of all rights and obligations hereunder, except for any rights and obligations that �-
expressly survive termination.
i
Section 5. To the extent permitted by law and subject to the provisions and monetary
limitations of Florida Statutes § 768.28, the County and City do hereby agree to defend, E
indemnify and hold the other, its officers, agents or employees, harmless from and against any 2
and all liability, damages, costs or expenses (including reasonable attorney's fees, costs, and �t
expenses at the administrative, trial and appellate levels) arising from, related to, or in
connection with the acts or omissions of the respective party or any third-party vendor contracted °
by the respective party in connection with this Agreement.
Section 6. The City agrees that the County Administrator may designate representatives
to visit any facilities or offices utilized by the City periodically to inspect City's maintenance of
vessels and equipment. The City agrees that the County Administrator may designate
representatives to visit the facilities or offices periodically to conduct random open file
evaluations during the City's normal business hours.
Section 7. Scone of Services.
7.1 The City shall do, perform, and carry out in a professional and proper manner the
Scope of Services described below.
7.2 The City shall utilize a pumpout sticker system to assist Florida Fish and Wildlife
Conservation Commission (hereinafter"FWC")in assuring anchored vessels are not
3of17
Packet Pg. 2768
1.6.c
discharging sewage into marine sanctuary (NDZ) waters. Upon the first service by
the Pumpout Vessel to the Serviced Vessel, the Pumpout Vessel Captain shall affix
the identification decal (indicating the month and year of the pumpout)to the bow of
the serviced vessel, adjacent to the location of its state vessel registration decal. An
identification decal may not be provided to a vessel owner or affixed to a vessel
unless it has been serviced by the City's Pumpout Vessel, and service shall not be
provided to any vessel (which does not have sewage to be pumped) simply for the
purpose of acquiring an identification decal. Service may also be denied if the vessel
to be pumped out is not properly equipped, as determined by the City,to provide for
a safe, secure pumpout (for example, improper deck fittings or improper sewage
lines, etc.) which may reasonably result in a sewage leak or other breakdown,
danger, or malfunction. Each time a pumpout is conducted upon a new calendar
month, a new month and year identification deal shall be affixed to the vessel.
7.3 Upon the first service by the Pumpout Vessel to the Serviced Vessel, the Pumpout 0
Vessel Captain shall also provide an orange pumpout flag to the vessel
owner/operator. After the first service, a vessel owner/operator wishing to receive
subsequent pumpout service shall display the orange pumpout flag when service
is requested in order to receive pumpout service. The City shall not pump out a
c,
vessel that does not display the orange pumpout flag even if the vessel is
registered for routine service. A weekly service schedule shall be made available
on the City's website so vessel owners know when to expect service in their area.
Pumpouts may be performed based on a weekly service schedule providing a
maximum of one pumpout per week per individual vessel.
7.4 The parties agree that the marine pumpout service areas contemplated and
encompassed by the scope of services herein are those delineated in Exhibit "A."
attached hereto and incorporated as if fully stated herein. E
a�
7.5 The County shall hire two temporary full-time (40 hours/5 days per week) marine
pumpout workers to assist the City's Pumpout Vessel Captains in conducting
pumpouts. These staff will be supervised by City staff and must adhere to the
performance standards below and generally found herein.
7.6 The City shall commence the mobile pumpout service contemplated herein at the
direction of the County Administrator or his designee, in consultation with the City
Manager or his designee.
7.7 Daily Lots. The City shall submit daily pumpout logs to the Monroe County
Planning and Environmental Resources Department's Marine Resources Office
Senior Administrator on a monthly basis, which shall be specific to each pumpout
vessel,pumpout vessel captain, and service area. The daily log shall include:
The date of service;
Q The name and registration number of each vessel pumped; and
The number of gallons of sewage pumped out for each vessel.
4of17
Packet Pg. 2769
1.6.c
The City shall ensure that the volume of sewage pumped out shall be totaled
at the bottom of each pumpout log. It may also be necessary to provide
additional documentation for State requirements, such as in-state vs. out-of-
state vessels, number of individual vessels served, and method of disposal (as
requested by the County).
7.8 Authorized Work Eligible for Compensation.
7.8.1 The City shall only pump-out anchored out vessels (i.e., "anchor-outs") in
the areas specified in Exhibit "A." delineating certain areas around Wisteria
Island, Fleming Key, Cow Key Channel, and Boca Chica Basin.
7.8.2 The County shall pay the City $25.58 per pumpout, for a maximum of 1,000
pumpouts per month,billed quarterly.
0
7.8.3 Not-to-Exceed Amount. This Agreement's total not-to-exceed amount per
month shall be $25,580; this Agreement's total not-to-exceed amount per
quarter shall be $76,740; this Agreement's total not-to-exceed six-month
amount shall be $153,480. t�
c,
7.9 Standards of Employment:
7.9.1 For the protection of Monroe County government and each employee, and
the City and its respective personnel, the following rules for personnel W
conduct have been established. The list includes, but is not limited to,
reasons which may require disciplinary action, up to discharge. A violations
of any reasonable standard of employment, whether or not specifically listed
herein, will result in appropriate disciplinary action, which may include E
discharge for the first offense, depending upon the seriousness of the offense.
A. Willful or repeated violations of County, State, or Federal law or of these
policies and procedures. o
B. Insubordination - Refusal to respond to authority's reasonable request(s)
or instruction.
m
C. Misconduct - Behavior not conforming to prevailing standards -
Misconduct may include, but is not limited to the following: Fighting or
inflicting bodily harm on another person, gambling, dangerous
horseplay, being under the influence or possession of illegal drugs or
alcoholic beverages, immoral behavior, smoking in restricted areas, any
violent act or language which adversely affects morale, production, or
maintenance of discipline. Rudeness or acts of disrespect to members of
the public, supervisors, or other employees; on duty or off duty.
Employees shall not consume or be under the influence of alcoholic
beverages, while on duty or in a City or County uniform, nor shall they
use or be under the influence of, consume or possess illegal substances
5of17
Packet Pg. 2770
1.6.c
while on duty, in a City or County uniform or on City or County
property at any time.
D. Criminal, dishonest, infamous or notoriously disgraceful conduct
adversely affecting the employer/employee relationship (on duty or off
duty).
E. Conviction of(or a plea of nolo contendere in connection with) a felony
or gross misdemeanor, or conviction of a misdemeanor or ordinance
violation involving moral turpitude.
F. Theft or pilfering - Possessing, unauthorized use of, taking, removing,
destroying or tampering with City or County property without proper
authorization.
G. Fraud or Dishonesty - Falsification of City or County documents,
instruments, or records or failure to give complete information for ti
personnel records. Intentionally making false statement(s) either oral or
written about the City or County, other staffpersons, supervision, oneself
or work situations.
CO
H. Absenteeism or Abuse of Sick Leave - Habitual or excessive absence
from work or failure to return to work promptly upon expiration of leave
e(
or vacation. Excessive absences, even if caused by a legitimate illness,
seriously impairs the County's operations, and such absences may be
grounds for separation or termination. i
L Tardiness - Failure to report to assigned work station(s) on or before the
scheduled starting time.
J. Leaving Assigned Work Area - Except for emergency reasons or with
the Supervisor's approval, employees are not to leave their assigned o
work area(s).
K. Misuse of Time - Sleeping or other acts of inattention or neglect of duty.
Unauthorized sale of articles or services, distribution or posting of E
literature, canvassing,polling or petitioning.
L. Abuse of Respective City or County Policies and Procedures - Misuse or
abuse of respective established City or County Policies and Procedures
such as vacation, leave of absence, excused absence, sick leave, or any
rule,regulation,policy or procedure.
M. Safety Violations - Unauthorized possession and/or use of weapons,
ammunition or explosives. Failure to observe respective City and/or
County and general safety practices and regulations.Neglect in the safety
of others or the committing of unsafe acts in the use and care of City and
County property or equipment.
6of17
Packet Pg. 2771
1.6.c
N. Illegal Driving - Driving private or City or County vehicle while on City
or County business when not possessing a valid Florida and County
driver's permit or liability insurance, in accordance with the Monroe
County Safety Policies or, with respect to City staff, in accordance with
the equivalent City policy.
O. Malicious or Negligent Destruction of Property - Willful or malicious
destruction of City or County property. Damage of property by failing to
use proper equipment, care and good judgment.
P. Incompetence or Inefficiency - Inability or failure to perform work of an
acceptable standard after a reasonable trial and training period.
Q. Discrimination in Employment - Discriminating against an employee or
an applicant for employment because of race, color, national origin, sex,
religion, creed, sexual preference, handicap or age as defined in State and
Federal laws.
R. Acceptance of unauthorized compensation.
S. Misfeasance - The doing of a lawful act in an unlawful or improper
manner so that there is an infringement on the rights of another.
T. Smoking - Smoking of tobacco products (as defined in Florida Statute §
386.203(10) and the use of electronic, simulated smoking materials (such
as electronic cigarettes, pipes or cigars) is prohibited in all Monroe
County owned or occupied facilities (buildings), vehicles, elevators,
meeting rooms, hallways, corridors, lobbies, water fountain areas,
E
stairwells and entryways.
U. No Tobacco Use - Effective January 1, 2015, all hires and new enrollees
into the County's Health Plan will be required to certify to not currently o
using or not having used tobacco products or be subject to penalty. u
Administrative Instruction 4735 further details this policy.
Section 8. Notwithstanding the provisions of Florida Statutes § 768.28, the participation of E
the City and the County in this Agreement and the acquisition of any insurance, including but not
limited to any commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of immunity to the
extent of liability coverage, nor shall any agreement or contract entered into by the County or City
be required to contain any provision for waiver.
Section 9. Amount of Compensation and Availability of Funds.
9.1 The City shall not charge customers of the pumpout service for the service(s)
rendered under this Agreement.
9.2 Payment.
7of17
Packet Pg. 2772
1.6.c
9.2.1 The County shall pay the City in current funds for the City's performance of
authorized work.
9.2.2 Consulting, lobbying, travel and lodging are specifically excluded from payment.
Payment shall be made only for services provided and there are no reimbursable
items.
9.2.3 County payment to the City will be made after services are rendered and the City
sends Monroe County an invoice. The invoice shall describe in detail the services
performed, the payment amount requested, and supporting documentation, and must
include: LAJ The invoice date; LU.) The agreement number, if applicable;
Date(s) of Service; D�Documentation of number of pumpouts performed. And(E.)
Daily Logs.
9.2.4 The City shall comply with all terms and conditions specified in the State legislative
funding agreement MV353 provided by FDEP (attached hereto as Exhibit`B." and
incorporated as if fully stated herein). The durational limits and end/expiration
date(s) of MV353 shall not bind the parties. The City agrees that it shall comply with
the terms and conditions specified in the superseding,next State legislative funding t�
agreement issued to the County following MV353,that the successor State U
agreement shall supersede and be considered Exhibit`B." hereto following its
issuance by the State to the County, and that the City shall comply with all terms and
conditions specified in the State's new legislative funding agreement issued to the
County following MV353. The City shall be responsible for the completeness and �-
accuracy of its work,plan(s), supporting data, and other documents prepared or
compiled under its obligation for this project, and shall correct at its expense alli
significant errors or omissions therein which may be disclosed.
9.2.5 Budget. The City may not be entitled to receive, and the County is not obligated 2
to pay, any fees or expenses in excess of the amount budgeted for this Agreement
in the County's fiscal year (October 1 - September 30) by the County's Board of
County Commissioners. The budgeted amount may only be modified by an 2
affirmative act of the County's Board of County Commissioners. The County's
performance and obligation to pay under this Agreement is contingent upon an
annual appropriation by the Board of County Commissioners and the approval of
the Board members at the time of Agreement initiation, and is furthermore
contingent upon sufficient, continuous funding to the County by FDEP and/or
other sources. <
Section 10. Contractor's License.
10.1 The City shall secure, maintain and pay for any permits and licenses
necessary to operate pumpout vessels and associated equipment and
infrastructure. It is the City's responsibility to maintain all permits and
licenses that may be required. By signature hereon, the City warrants that it is
authorized by law to engage in the performance of the activities herein
described, subject to the terms and conditions set forth in these Agreement
8of17
Packet Pg. 2773
1.6.c
documents. Proof of such licenses and approvals shall be submitted to the
County upon request. The City has, and shall maintain throughout the term of
this Agreement, appropriate licenses and approvals required to conduct its
business, and hereby represents that it will at all times conduct its activities in
a reputable manner.
10.2 To the extent required by law in connection with the County's two temporary
full-time(40 hours/5 days per week)marine pumpout workers,the County shall
secure, maintain, and pay for any necessary permits and licenses, and it shall
be the County's responsibility, regarding its two temporary full-time marine
pumpout workers, to maintain all permits and licenses that may be required.
By signature hereon, the County warrants that it is authorized by law to
engage in the performance of the activities herein described, subject to the
terms and conditions set forth in these Agreement documents. Proof of such
licenses and approvals shall be submitted to the City upon request. The 0
County has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and
hereby represents that it will at all times conduct its activities in a reputable
t�
manner. �
Section I I. Staffing. Staffing is of paramount importance. Each party shall provide at
its own expense all necessary personnel to provide the services under this Agreement. One
party's personnel shall not be employees of or have any contractual relationship with the other.
Section 12. Utilities. The City shall be responsible for payment of any utility charges 76
associated with the mobile pumpout service.
Section 13. Indemnification and Hold Harmless.
13.1 The City covenants and agrees to hold harmless the County, and its officers
and employees, from liabilities, damages, losses, and costs, including but not
limited to, all fines, suits, claims, demands, actions, costs, obligations, and
attorney's fees, or liability of any kind (1)arising out of, related to, or in
connection with the negligence, recklessness, or intentional wrongful conduct F.
of the City, subcontractor(s), and other persons employed or utilized by the
City in the performance of the Agreement, or Q arising out of, related to, or
in connection with the willful non-performance of the City.
13.2 The County covenants and agrees to hold harmless the City, and its officers
and employees, from liabilities, damages, losses, and costs, including but not
limited to, all fines, suits, claims, demands, actions, costs, obligations, and
attorney's fees, or liability of any kind W arising out of, related to, or in
connection with the negligence, recklessness, or intentional wrongful conduct
of the County, subcontractor(s), and other persons employed or utilized by
the County in the performance of the Agreement, or (2) arising out of, related
to, or in connection with the willful non-performance of the County.
9of17
Packet Pg. 2774
1.6.c
Section 14. Breach of Terms. The passing, approval, and/or acceptance by one parry
of any defect in the services furnished by the other, shall not operate as a waiver by the first party
of strict compliance with the terms of this Agreement, and specifications covering the services.
The breach by either party of this Agreement shall be governed by the section(s)below on
termination for cause.
Section 15. Termination Without Cause. Each party may terminate this Agreement
without cause by providing the other with written notice of termination at least thirty (30) days
prior to the date of termination. Authorized compensation shall be paid to the other through the
end of provision or services or for the thirty (30) days, whichever is shorter.
Section 16. Termination with Cause. In addition to all the terms set forth herein,
each parry may terminate this Agreement for cause if the other shall default in the performance
of any of its obligations under this Agreement.
0
Section 17. Maintenance of Records. Each party shall comply with all public records
and records retention requirements mandated by Section 24, Article I, of the Florida
Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books,
documents, and records directly pertinent to performance under this Agreement as are necessary
to document the performance of this Agreement and expenses as incurred and in accordance with 0
generally accepted accounting principles consistently applied. Records shall be retained for a _
period of 7 years from the termination of this Agreement or for a period of 3 years from the date
of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is
greater. Each party shall have the right to unilaterally cancel this Agreement upon violation of
this provision by the other. Failure of one parry to abide by the terms of this provision shall be
deemed a material breach of this Agreement. This provisions shall survive any termination on
expiration of the Agreement. Each party to this Agreement or its authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement during
the term of the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the County or Monroe County Clerk of Court determines that monies paid
to the City pursuant to this Agreement were spent for purposes not authorized by this Agreement, o
or were wrongfully retained by the City, the City shall repay the monies together with interest ,
calculated pursuant to Florida Statutes § 55.03, running from the date the monies were paid by
the County.
Section 18. Public Access and Public Records Compliance. The parties must c,
comply with all Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24, Article I, of the Florida Constitution. The parties shall each 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 City in connection with
this Agreement and related to Agreement performance. Either parry has the right to unilaterally
cancel this Agreement upon violation of this provision by the other. This provision shall survive
any termination or expiration of the Agreement.
10 of 17
Packet Pg. 2775
1.6.c
Each party is encouraged to consult with its advisors about Florida's public records laws in order
to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and
conditions of this Agreement, each party is required to:
Keep and maintain public records that would be required by the other to perform the
service contemplated hereunder.
Upon receipt from one party's custodian of records, confirm receipt of public records
requests and provide 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.
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 Agreement term(s) and following expiration, termination, and/or completion of the
Agreement if one party with sole possession of records related to this Agreement does not 0
transfer such records to the other party.
Upon completion of the Agreement, transfer, at no cost, to the other party all public
records in possession of the first party or keep and maintain public records that would be
required by the other party to perform the service. If one party transfers all public records 0
to the other upon completion of the Agreement, that party shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If one party keeps and maintains public records upon completion of the
Agreement, that party shall meet all applicable requirements for retaining public records. �.
All records stored electronically must be provided to the other party, upon request from
the other party's custodian of records, in a format that is compatible with the informations
technology systems of the other party.
E
A request to inspect or copy or obtain public records relating to a County Agreement 2
must be made directly to the County, but if the County does not possess the requested
records, the County shall immediately notify the City of the request, and the City must
provide the records to the City or allow the records to be inspected or copied within a o
reasonable time.
A request to inspect or copy or obtain public records relating to a City Agreement must
be made directly to the City, but if the City does not possess the requested records, the E
City shall immediately notify the County of the request, and the County must provide the
records to the City or allow the records to be inspected or copied within a reasonable time.
If one party does not comply with the other's request for records, that first party shall enforce the
Agreement's maintenance of records and/or public access and public compliance provisions,
notwithstanding the its option and right to unilaterally cancel this Agreement upon violation of
said provision(s)by the other. A party who fails to provide the public records to the other, or on
behalf of the other as set forth herein, pursuant to a valid public records request within a
reasonable time, may be subject to penalties under Florida Statutes § 119.10.
The City 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.
11 of 17
Packet Pg. 2776
1.6.c
IF THE CITY HAS QUESTIONS REGARDING THE APPLICATION
OF CHAPTER 119, FLORIDA STATUTES, TO THE CITY'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS
AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN( ,MONROECOUNTY-FL.GOV, MONROE
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
Section 19. Compliance with Law. In providing all service pursuant to this
Agreement, each parry shall abide by all statutes, ordinances, rules, and regulations pertaining to, 0
or regulating the provisions of, such service, including those now in effect and hereinafter
adopted. Any violation by one party of said statutes, ordinances, rules, and regulations shall
constitute a material breach of this Agreement and shall entitle the other party to terminate this
contract immediately upon delivery of written notice of termination to the first.
Section 20. Disclosure, Conflict of Interest, and Code of Ethics.
LAJEach party represents that it, its officers and employees,presently have no interest and
shall acquire no interest, either direct or indirect, which would conflict in any manner =-
with the performance of services required by this Agreement, as provided in Section
112.311, et. seq., Florida Statutes.
Each party agrees that its officers and employees recognize and will be required to E
comply with the standards of conduct for public officers and employees as delineated in 2
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance
of gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of °
certain information.
Section 21. Notice Requirements. Any notice required or permitted under this
Agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party
by certified mail, returned receipt requested, to the following:
�t
FOR MONROE COUNTY, FLORIDA:
Roman Gastesi, Jr.
County Administrator
Monroe County Historic Gato Bldg.
1100 Simonton Street
Key West, Florida 33040
With copies to:
12 of 17
Packet Pg. 2777
1.6.c
Robert B. Shillinger, Esq.
Monroe County Attorney
1111 121h St., Suite 408
Key West, FL 33041
and
Emily Schemper
Senior Director - Monroe County Planning & Envtl. Resources Department
2798 Overseas Hwy. y
Marathon, FL 33050
If to CITY:
0
Gregory W. Veliz
City Manager
City of Key West
P.O. Box 1409
Key West, Florida 33041
With a copy to:
�t
Shawn Smith, Esq. 76
City Attorney
City of Key West i
P.O. Box 1409
Key West, FL 33041
Any Notice required by this Agreement to be given or made within a specified period of time, or
on or before a date certain, shall be deemed to have been duly given if sent by certified mail, o
return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery ,
service.
Section 22. No Third-Party Beneficiaries. Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
Section 23. Claims for State or Federal Aid. Each party agrees that each shall be,
and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement;provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
Section 24. Privileges and Immunities.
24.1 All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers,
13of17
Packet Pg. 2778
1.6.c
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the
territorial limits of the County shall apply to the same degree and extent to
the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the County.
24.2 All of the privileges and immunities from liability, exemptions from laws,
ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the City, when
performing their respective functions under this Agreement within the
territorial limits of the City shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits of the City.
0
Section 25. Regulatory Powers.
25.1 Nothing contained herein shall be construed as waiving either party's
regulatory approval or enforcement rights or obligations as it may relate to
regulations of general applicability, which may govern the Agreement.
25.2 Nothing herein shall be deemed to create an affirmative duty of either parry
to abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in �.
accordance with ordinances, rules and regulations, federal laws and
regulations and state laws and regulations. i
Section 26. No Personal Liability. No covenant or agreement contained herein shall E
be deemed to be a covenant or agreement of any member, officer, agent or employee of the 2
County or City in his or her individual capacity, and no member, officer, agent or employee of <
the County or City shall be liable personally in connection with this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement. 2
Section 27. Governing Law,Venue, Interpretation, Costs and Fees. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to IL,As made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of
this ILA, the parties agree that venue shall lie in the 16th Judicial Circuit, Monroe County, <
Florida, in the appropriate court or before the appropriate administrative body. This ILA shall not
be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
Section 28. Attorney's Fees and Costs. The County and City agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to
the enforcement or interpretation of this ILA, the prevailing parry shall be entitled to reasonable
attorneys' fees and costs, and out-of-pocket expenses, including the fees and expenses of any
14 of 17
Packet Pg. 2779
1.6.c
paralegals, legal assistants and law clerks, and including fees and expenses charged for
representation at administrative, trial and appellate levels.
Section 29. Adiudication of Disputes or Disagreements. The County and City agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Agreement and, to the extent not covered by this Agreement, by general
law. This provision does not negate or waive the preceding provisions of this ILA concerning
termination or cancellation.
Section 30. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution,performance, or breach of this
ILA, the County and City agree to participate, to the extent required by the other party, in all
proceedings, hearings,processes, meetings, and other activities related to the substance of this 0
ILA or provision of the service under this Agreement.
Section 31. Non-Assignability. This Agreement shall not be assignable by either party
unless such assignment is first approved by both parties.
CO
Section 32. Independent Contractor. .
32.1 The City and its employees, volunteers, agents, vendors and subcontractors
shall be and remain independent contractor and not agents or employees of
the County with respect to all of the acts and services performed by and
under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking, enterprise or venture between the parties.
32.2 The County and its employees, volunteers, agents, vendors and
subcontractors shall be and remain independent contractor and not agents or o
employees of the City with respect to all of the acts and services performed
by and under the terms of this Agreement. This Agreement shall not in any
way be construed to create a partnership, association or any other kind of
joint undertaking, enterprise or venture between the parties. E
Section 33. Severability. If any term, covenant, condition or provision of this ILA (or
the application thereof to any circumstance or person) shall be declared invalid or unenforceable
to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions
and provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this ILA shall be valid and shall be enforceable to the
fullest extent permitted by law unless the enforcement of the remaining terms, covenants,
conditions and provisions of this Agreement would prevent the accomplishment of the original
intent of this ILA. The County and City agree to reform the ILA to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
15of17
Packet Pg. 2780
1.6.c
Section 34. Survival of Provisions. Any terms or conditions of either this Agreement
that require acts beyond the date of the term of the Agreement, shall survive termination of the
Agreement, shall remain in full force and effect unless and until the terms or conditions are
completed and shall be fully enforceable by either party.
Section 35. Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law.
Section 36. Entire Agreement. This ILA constitutes the entire Agreement between
the County and the City for the services contemplated herein. Any amendments or revisions to
this ILA must be in writing and be executed in the same manner as this Agreement.
Section 37. Section Headings. Section headings have been inserted in this ILA as a
matter of convenience of reference only, and it is agreed that such section headings are not a part 0
of this ILA and will not be used in the interpretation of any provision of this Agreement.
Section 38. Execution in Counterparts. This ILA may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this ILA by
signing any such counterpart.
In Witness Whereof, the parties have executed this Agreement as indicated below.
i
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
As Deputy Clerk Mayor Heather Carruthers
ONROE COUNTY ATTORNEY
�P � p sroc�R
Date; 6/30 20
[The remainder of this page has been intentionally left blank.]
16 of 17
Packet Pg. 2781
1.6.c
CITY OF KEY WEST, FLORIDA
Gregory W. Veliz, City Manager
Date:
APPROVED AS TO FORM AND
(SEAL) LEGALITY FOR THE USE AND o
RELIANCE OF CITY OF KEY WEST,
ATTEST: Cheri Smith, City Clerk FLORIDA ONLY:
0
BY: BY: -�
Clerk Shawn Smith
i
0
0
0
0
0
0
17 of 17
Packet Pg. 2782
1.6.c
xhl'*
bl'*
t A,
1 of 3
Packet Pg. 2783
1.6.c
Lcm er Ke v�RMIon
Whtertm and Fletuhig lh ey An cho ages
lu �
cn
i
( �
r
s�
r
r �
ca
v 1tw
I
O
O
O
O
O
O
O
O
O
2of3
Packet Pg. 2784
1.6.c
(Ors (ter (h.gnnet anti Biwa t MCA MwAu,rjchttfage
i
zin<- u
G —
vessels
i t A - Yk ti
Ywa la�.
y
� ow Key
1,12 vssls;l
I
O
O
O
O
CD
O
O
O
O
u
3 of 3
Packet Pg. 2785
EXHIBIT B
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Grant Agreement
This Agreement is entered into between the Parties named below,pursuant to Section 215.971,Florida Statutes:
1. Project Title(Project): Agreement Number:
Monroe County Vessel Pump Out Program MV353
2. Parties State of Florida Department of Environmental Protection,
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 (Department)
Grantee Name: Monroe County Board of County Commissioners Entity Type: Local Government
Grantee Address: 2798 Overseas Hwy,Suite 420, Marathon,FL 33050 FEID: 59-6000749
(Grantee)
3. Agreement Begin Date:
7/O1/2019 Date of Expiration:
6/30/2020
4. Project Number: Project Location(s):
(lJdfferenifi-am Agreement,yumbei) 2798 Overseas Hwv.,Suite 420, Marathon,FL 33050
Project Description:
Monroe County vessel pump out program
5. Total Amount of Funding: Fu/nding Source? Award#s or Line Item Appropriations: Amount per Source(s):
Lla
$750,000.00 State ❑Federal Line Item No. 1613,GAA,Fiscal Year 2019-2020 $750,000.00
❑ State ❑Federal
❑ Grantee Match
Total Amount of Funding+Grantee Match,if any: $750,000.00
6. Department's Grant Manager Grantee's Grant Manager
Name: Shelley Ayers Name: Richard Jones
or successor or successor W
Address: 3900 Commonwealth Blvd., MS 235 Address: 2798 Overseas Hwy., Suite 420
Tallahassee, Florida 32399 Marathon.Florida 33050
Phone: 850-245-1074 Phone: 305-289-2805_
Email: slielley.ayers@floridadep.gov floridadep.gov Email: Jones-Rich cr monroecounty-fl.gov 2
7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby
incorporated by reference:
5Z Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements
GZ Attachment 2:Special Terms and Conditions
V Attachment 3:Grant Work Plan
W Attachment 4:Public Records Requirements
'off Attachment 5: Special Audit Requirements
❑ Attachment 6: Program-Specific Requirements
❑ Attachment 7: Grant Award Terms(Federal);Copy available at https://facts.fldfs,com,in accordance with§215.985,F.S.
❑ Attachment 8: Federal Regulations and Terms(Federal)
❑Additional Attachments(if necessary):
VExhibit A:Progress Report Form
❑ Exhibit B: Property Reporting Form
0 Exhibit C:Payment Request Summary Form
❑Exhibit D:Quality Assurance Requirements for Grants
❑Exhibit E: Advance Payment Terms and Interest Earned Memo
❑ Additional Exhibits(if necessary):
DIT Agreement No. MV353 Rev.6/20/18
Packet Pg. 2786
8. The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.33 1(a)(1):
Federal Award Identification Number(s)(FAIN):
Federal Award Date to Department:
Total Federal Funds Obligated by this Agreement:
Federal Awarding Agency:
Award R&D? ❑ Yes ❑N/A
IN WITNESS WHEREOF,this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the
last date signed below,whichever is later.
Monroe County Board ofC—ountv Commissioners GRANTEE
Grantee Name
4ZBy Oil• /��DI�I
(flulho iced Signatza ) Date Signed y
0
0
Print Name and Title of Person Signing
State of Florida De artment of Environmental Protection DEPARTMENT
By
Secretary or Designee Date Signed CJ
I CJ
r I n 66\ U I)e l�ICIA l4
Print Name and Title of Person Signing.
❑ Additional signatures attached on separate page.
MQNROE COUNTY
ATTORNEY
76
Date: ._�..r—�
I
m
0
m
0
0
m
DCP Agreement No. MV353
Rev.6/20/18
Packet Pg. 2787
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD TERMS AND CONDITIONS
APPLICABLE TO GRANT AGREEMENTS
ATTACHMENT 1
1. Entire Agreement.
This Grant Agreement,including any Attachments and Exhibits referred to herein and/or attached hereto(Agreement),
constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior
agreements, whether written or oral, with respect to such subject matter. Any terns and conditions included on
Grantee's forms or invoices shall be null and void.
2. Grant Administration.
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement,the
order of precedence for interpretation of the Agreement is as follows:
i. Standard Grant Agreement
ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant
Agreement
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Grant Agreement
b. All approvals,written or verbal,and other written communication among the parties, including all notices, shall
ns
be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected
by an electronic mail read receipt, a courier service delivery receipt,other mail service delivery receipt,or when
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered
delivered at the earliest delivery time.
c. If a different Grant Manager is designated by either party after execution of this Agreement,notice of the name
and contact information of the new Grant Manager will be submitted in writing to the other party and maintained _
in the respective parties' records. A change of Grant Manager does not require a formal amendment or change
order to the Agreement.
d. This Agreement may be amended, through a formal amendment or a change order,only by a written agreement
between both parties. A formal amendment to this Agreement is required for changes which cause any of the
following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match
requirements; (3)a change in the expiration date of the Agreement;and/or(4)changes to the cumulative amount E
of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that
exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A
change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement
period change;(2)the cumulative transfer of funds between approved budget categories,as defined in Attachment
3,Grant Work Plan,are less than twenty percent(20%)of the total budget as last approved by Department;and/or
(3) find transfers between budget categories for the purposes of meeting match requirements. This Agreement
may be amended to provide for additional services if additional funding is made available by the Legislature.
e. All days in this Agreement are calendar days unless otherwise specified.
3. Agreement Duration.
The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless
extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible
for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement,
unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the
execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and
Conditions.
4. Deliverables.
The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3,Grant Work Plan.
The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined
in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department
making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set
forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement.
Attachment I
I of 1 I
Rev.6/19/2019
Packet Pg. 2788
5. Performance Measures.
The Grantee warrants that: (I)the services will be performed by qualified personnel; (2)the services will be of the
kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and
workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not
knowingly infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(5) its
employees,subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes,
if provided by Department,for work done at the Project Location(s).The Department reserves the right to investigate
or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement
requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable
does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at
the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager y
before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain
outstanding,within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the
deliverables within 30 days of receipt,they will be deemed rejected.
b. Reiection of Deliverables. The Department reserves the right to reject deliverables,as outlined in the Grant
Work Plan, as incomplete, inadequate,or unacceptable due,in whole or in part,to Grantee's lack of satisfactory
performance under the terms of this Agreement.The Grantee's efforts to correct the rejected deliverables will
be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or
activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated
invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made
acceptable to Department in accordance with the Agreement requirements. The Department,at its option,may
allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's
failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an
event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or _
Special Terms and Conditions,the State of Florida(State) reserves the right to withhold payment when the
76
Grantee has failed to perform/comply with provisions of this Agreement.None of the financial consequences
for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered
penalties.
b. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified
timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be E
submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies
in the CAP. All CAPS must be able to be implemented and performed in no more than sixty(60)calendar days.
i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from
Department. The CAP shall be sent to the Department's Grant Manager for review and approval.
Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the
CAP proposed has been accepted. Ifthe CAP is not accepted,Grantee shall have ten(10)days from
receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to
obtain Department approval of a CAP as specified above may result in Department's termination of
this Agreement for cause as authorized in this Agreement.
ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to
commence implementation of the accepted plan. Acceptance of the proposed CAP by Department
does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails
to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to
require additional or further remedial steps, or to terminate this Agreement for failure to perform.
No actions approved by Department or steps taken by Grantee shall preclude Department from
subsequently asserting any deficiencies in performance. The Grantee shall continue to implement
the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to
Department as requested by Department's Grant Manager.
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the
performance of the Agreement as specified by Department may result in termination of the
Agreement.
Attachment 1
2 of 11
Rev.6/19/2019
Packet Pg. 2789
S. Payment.
a. Payment Process. Subject to the terms and conditions established by the Agreement,the pricing per deliverable
established by the Grant Work Plan,and the billing procedures established by Department,Department agrees
to pay Grantee for services rendered in accordance with Section 215.422,Florida Statutes(F.S.).
b. Taxes.The Department is exempted from payment of State sales,use taxes and Federal excise taxes.The Grantee,
however,shall not be exempted from paying any taxes that it is subject to,including State sales and use taxes,or
for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with
Department.The Grantee shall not use Department's exemption number in securing such materials. The Grantee
shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this
Agreement.
c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an
amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of
this Project are the responsibility of Grantee.
d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs
upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan.
Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for
reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State
funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the
following web address:
https://www.myfloridacfo.coin/Division/AA/Manuals/AuditinJReference Guide For State Expenditures.pdf.
e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department
pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre-audit and t,
post-audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in
accordance with the Grant Work Plan.
f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of
deliverables to date have first been accepted in writing by Department's Grant Manager.
g. Final Payment Request.A final payment request should be submitted to Department no later than sixty(60)days
following the expiration date of the Agreement to ensure the availability of funds for payment. However, all
work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the W
Agreement.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future
appropriations. Authorization for continuation and completion of work and any associated payments may be
rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates
appropriations.
i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by
the State Board of Administration. To obtain the applicable interest rate, please refer to:
www.mvfloridacfo.com/Division/AA/Vendors/default.litin.
j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must
be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled
under the terms of the Agreement must be refunded to Department.If this Agreement is funded with federal funds
and the Department is required to refund the federal government. the Grantee shall refund the Department its
share of those funds. m
9. Documentation Required for Cost Reimbursement Grant Agreements and Match.
If Cost Reimbursement or Match is authorized in Attachment 2,Special Terms and Conditions,the following
conditions apply.Supporting documentation must be provided to substantiate cost reimbursement or match
requirements for the following budget categories:
a. Salarv/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent
on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or
match requirements.
b. Overhead/Indirect/General and Administrative Costs, If Grantee is being reimbursed for or claiming match for
multipliers,all multipliers used(i.e., fringe benefits,overhead, indirect,and/or general and administrative rates)
shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates
supported by audit, Grantee shall be required to reimburse such funds to Department within thirty(30)days of
written notification. Interest shall be charged on the excessive rate.
Attachment 1
3ofII
Rev. 6/19/2019
Packet Pg. 2790
c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required fi•om Grantee.
Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved,salary rate
per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect,
and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers
charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such
funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive
rate. Nonconsumable and/or nonexpendable personal property or equipment costing$1,000 or more purchased
for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and
Chapter 69I-72,Florida Administrative Code(F.A.C.)and/or Chapter 69I-73, F.A.C.,as applicable.The Grantee
shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase
of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its
subcontracts issued under this Agreement,if any,impose this requirement, in writing,on its subcontractors.
i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may
award,on a competitive basis,fixed-price subcontracts to consultants/contractors in performing the
work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-
price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a
copy of the tabulation form for the competitive procurement process(e.g.,Invitation to Bid,Request
for Proposals, or other similar competitive procurement document) resulting in the fixed-price
subcontract.The Grantee may request approval from Department to award a fixed-price subcontract
resulting from procurement methods other than those identified above.In this instance,Grantee shall
request the advance written approval from Department's Grant Manager of the fixed price
negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's
approval of the fixed-price amount,Grantee may proceed in finalizing the fixed-price subcontract.
ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section
287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has
complied with the statutory or federal requirements.
d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 1 12.061,
F.S.
e. Direct.Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing
$1,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific
approval of Department, and does not include any equipment purchased under the delivery of services to be
completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly E
completed Exhibit B,Property Reporting Form.
f. Rental/Lease of Equipment.Match or reimbursement requests for rental/lease of equipment must include copies
of invoices or receipts to document charges.
g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non-excluded
phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the
terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of
receipts or invoices.Additionally,independent of Grantee's contract obligations to its subcontractor,Department
shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil
or administrative penalties;or handling fees,such as set percent overages associated with purchasing supplies or
equipment.
h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property
(including access rights through ingress/egress easements, leases, license agreements, or other site access
agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the
following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal
Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing
Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting
acquired property interest and/or rights. If land acquisition costs are used to meet match requirements,Grantee
agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds.
10. Status Reports.
The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments,on Exhibit A,
Progress Report Form, to Department's Grant Manager describing the work performed during the reporting
period,problems encountered,problem resolutions,scheduled updates,and proposed work for the next reporting
Attachment 1
4 of 1 1
Rev.6/19/2019
Packet Pg. 2791
period. Quarterly status reports are due no later than twenty(20)days following the completion of the quarterly
reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March
31, June 30, September 30 and December 31. The Department will review the required reports submitted by
Grantee within thirty (30)days.
11. Retainage.
The following provisions apply if Department withholds retainage under this Agreement:
a. The Department reserves the right to establish the amount and application of retainage on the work performed
under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval
of all deliverables.
b. If Grantee fails to perform the requested work,or fails to perform the work in a satisfactory manner,Grantee shall
forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not
limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work
was actually perforated. The Department shall provide written notification to Grantee of the failure to perform
that shall result in retainage forfeiture.If the Grantee does not correct the failure to perform within the timeframe
stated in Department's notice,the retainage will be forfeited to Department.
c. No retainage shall be released or paid for incomplete work while this Agreement is suspended.
d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided
Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Agreement.
12. Insurance.
a. Insurance Requirements for Sub-Grantees and/or Subcontractors. The Grantee shall require its sub-grantees (,
and/or subcontractors, if any,to maintain insurance coverage of such types and with such terms and limits as
described in this Agreement. The Grantee shall require all its sub-grantees and/or subcontractors,if any,to
make compliance with the insurance requirements of this Agreement a condition of all contracts that are related
to this Agreement. Sub-grantees and/or subcontractors must provide proof of insurance upon request.
b. Deductibles. The Department shall be exempt from, and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the _
Grantee providing such insurance. `6
c. Proof of Insurance. Upon execution of this Agreement,Grantee shall provide Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish
Department with proof of applicable insurance coverage by standard form certificates of insurance,a self-
insured authorization, or other certification of self-insurance.
d. Duty to Maintain Coverne. In the event that any applicable coverage is cancelled by the insurer for any
reason,or if Grantee cannot get adequate coverage,Grantee shall immediately notify Department of such
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide
proof of such replacement coverage within ten (10)days after the cancellation of coverage.
13. Termination.
a. Termination for Convenience. When it is in the State's best interest,Department may,at its sole discretion,
terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall
notify Grantee of the termination for convenience with instructions as to the effective date of termination or the
specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for
work to be paid under this Agreement within thirty(30)days of the effective date of termination. The
Department shall not pay any invoices received after thirty(30)days of the effective date of termination.
b. Termination for Cause.The Department may terminate this Agreement if any of the events of default described
in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other
obligations under this Agreement. If, after termination,it is determined that Grantee was not in default,or that
tite default was excusable,the rights and obligations of the parties shall be the saute as if the termination had
been issued for the convenience of Department.The rights and remedies of Department in this clause are in
addition to any other rights and remedies provided by law or under this Agreement.
c. Grantee Obligations upon Notice of Termination.After receipt of a notice of termination or partial termination
unless as otherwise directed by Department,Grantee shall not furnish any service or deliverable on the date,and
to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement
not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for
Attachment 1
5ofII
Rev.6/19/2019
Packet Pg. 2792
that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to
recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services.If Department has paid for any services prior to the expiration,cancellation,
or termination of the Agreement, Grantee shall continue to provide Department with those services for which it
has already been paid or,at Department's discretion,Grantee shall provide a refund for services that have been
paid for but not rendered.
e. Transition of Services Upon Termination, Expiration,or Cancellation of the Agreement. If services provided
under the Agreement are being transitioned to another provider(s),Grantee shall assist in the smooth transition
of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative
obligation to cooperate with the new provider(s),however additional requirements may be outlined in the Grant
Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as
necessary to complete the transition or continued portion of the Agreement,if any.
14. Notice of Default. (n
If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of
the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under
the circumstances.This notice shall state the nature of the failure to perform and provide a time certain for correcting
the failure.The notice will also provide that,should the Grantee fail to perform within the time provided,Grantee will
be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default
notice.
CJ
15. Events of Default.
Provided such failure is not the fault of Department or outside the reasonable control of Grantee,the following non-
exclusive list of events,acts,or omissions,shall constitute events of default: CJ
a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of
the performance of the work, failure to resume work that has been discontinued within a reasonable time after
notice to do so,or abandonment of the Agreement;
b. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department
of such, made by the Grantee in this Agreement or in its application for funding;
c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, '✓
incomplete, or insufficient information;
d. Failure to honor any term of the Agreement;
e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking
the certificate of authority granted to the Grantee by a state or other licensing authority;
f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to E
any other entities as required by this Agreement;
g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the
Immigration and Nationality Act;
h. Failure to maintain the insurance required by this Agreement;
i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the
specified 30-day period,Grantee(including its receiver or trustee in bankruptcy)provides to Department adequate
assurances,reasonably acceptable to Department,of its continuing ability and willingness to fulfill its obligations
under the Agreement:
i. Entry of an order for relief under Title I I of the United States Code;
H. The making by Grantee of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property;
and/or
iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy,
reorganization,or liquidation.
16. Suspension of Work.
The Department may, in its sole discretion, suspend any or all activities under the Agreement,at any time,when it is
in the best interest of the State to do so.The Department shall provide Grantee written notice outlining the particulars
of suspension.Examples of reasons for suspension include,but are not limited to,budgetary constraints, declaration
ofemergency,or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice.
Within 90 days,or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing
resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is
terminated after 30 days of suspension,the notice of suspension shall be deemed to satisfy the thirty(30)days'notice
Attachment 1
6 of I I
Rev.6/19/2019
Packet Pg. 2793
required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional
compensation.
17. Force Majeure.
The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence
of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God,wars,acts
of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the
foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of
any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay
and describe the cause of the delay either(1)within ten days after the cause that creates or will create the delay first
arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably
foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE
FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT
TO DELAY.Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No
claim for damages,other than for an extension oftime,shall be asserted against Department.The Grantee shall not be
entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or
inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If
performance is suspended or delayed, in whole or in part,due to any of the causes described in this paragraph, after
the causes have ceased to exist Grantee shall perform at no increased cost,unless Department determines, in its sole
discretion,that the delay will significantly impair the value of the Agreement to Department,in which case Department
may: (I)accept allocated performance or deliveries from Grantee,provided that Grantee grants preferential treatment
to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to tJ
and by Grantee for the related costs and expenses)to replace all or part of the products or services that are the subject
of the delay,which purchases may be deducted from the Agreement quantity;or(3)terminate Agreement in whole or
in part.
18. Indemnification.
a. The Grantee shall be fully liable for the actions of its agents,employees, partners, or subcontractors and shall
fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, fi•om suits, W
actions, damages, and costs of every name and description arising from or relating to:
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Grantee,its agents,employees,partners,or subcontractors;provided,however,that Grantee
shall not indemnify for that portion of any loss or damages proximately caused by the negligent act
or omission of Department;
ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. E
b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon
Department giving Grantee: (I)written notice of any action or threatened action; (2)the opportunity to take over
and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at
Grantee's sole expense.The Grantee shall not be liable for any cost, expense,or compromise incurred or made
0
by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably
withheld.
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to
Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S. Further,nothing herein
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter
arising out of any contract or this Agreement.
d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee,insure or assume
liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or
otherwise impose liability on Department for which it would not otherwise be responsible. Any provision,
implication or suggestion to the contrary is null and void.
19. Limitation of Liability.
The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in
compliance with the terms of the Agreement. Such liability is further limited to a cap of$100,000.
20. Remedies.
Attachment 1
7 of 11
Rev.6/19/2019
Packet Pg. 2794
Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this
Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its
remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to
other remedies available to it, at law or in equity and upon notice to Grantee,retain such monies from amounts due
Grantee as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.
21. Waiver.
The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute
or be deemed a waiver of Department's right thereafter to enforce those rights,nor shall any single or partial exercise
of any such right preclude any other or further exercise thereof or the exercise of any other right.
22. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized
aliens,such violation shall be cause for unilateral cancellation of this Agreement.The Grantee shall be responsible y
for including this provision in all subcontracts with private organizations issued as a result of this Agreement.
b. Pursuant to Sections 287.133 and 287.134,F.S.,the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list:
i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a
contract with a public entity for the construction or repair of a public building or public work;may
not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded
or perform work as a Grantee,supplier,subcontractor,or consultant under a contract with any public
entity; and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the
date of being placed on the convicted vendor list.
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the _
construction or repair of a public building or public work;may not submit bids,proposals,or replies 76
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity; and may not transact
business with any public entity.
iii. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or
consultants have been placed on the convicted vendor list or the discriminatory vendor list during E
the life of the Agreement. The Florida Department of Management Services is responsible for
maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the
discriminatory vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity, at(850)487-0915.
23. Compliance with Federal,State and Local Laws.
a. The Grantee and all its agents shall comply with all federal,state and local regulations, including, but not limited
to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements.
The Grantee shall include this provision in all subcontracts issued as a result of this Agreement.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be
excluded from participation in;be denied the proceeds or benefits of;or be otherwise subjected to discrimination
in performance of this Agreement.
c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.
d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for
any damages arising under the terms of the Agreement will be in the courts of the State,and venue will be in the
Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be
responsible for their own attorney fees incurred in connection with disputes arising under the terms of this
Agreement.
24. Scrutinized Companies.
a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of
Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole
option if the Grantee is found to have submitted a false certification;or if the Grantee is placed on the Scrutinized
Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement.
Attachment 1
8 of 11
Rev.6/19/2019
Packet Pg. 2795
b. If this Agreement is for more than one million dollars,the Grantee certifies that it is also not on the Scrutinized
Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector
List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to
Section 287.135,F.S.,the Department may immediately terminate this Agreement at its sole option ifthe Grantee
is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with
Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List,or
engaged with business operations in Cuba or Syria during the term of the Agreement.
c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative.
25. Lobbying and Integrity.
The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying
the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section
287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the
executive or legislative branch concerning the scope of services, performance,term, or compensation regarding that
agreement.Tile Grantee shall comply with Sections 11.062 and 216.347,F.S.
26. Record Keeping.
The Grantee shall maintain books,records and documents directly pertinent to performance under this Agreement in
accordance with United States generally accepted accounting principles(US GAAP)consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Agreement and for five(5)years following the completion date or termination of the Agreement. In
the event that any work is subcontracted,Grantee shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes. Upon request of Department's Inspector General,or other authorized
State official,Grantee shall provide any type of information the Inspector General deems relevant to Grantee's
integrity or responsibility.Such information may include, but shall not be limited to,Grantee's business or financial
records,documents,or fries of any type or form that refer to or relate to Agreement.The Grantee shall retain such
records for the longer of: (1)three years after the expiration of the Agreement; or(2)the period required by the
General Records Schedules maintained by the Florida Department of State (available at:
http://dos.myflorida.com/l ibrary-archives/records-mana.zement/eeneral-records-schedu les/1.
27. Audits. '✓
a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S.,to cooperate with the
inspector general in any investigation, audit, inspection, review,or hearing. The Grantee will comply with this
duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this
requirement, in writing,on its sub-grantees and/or subcontractors,respectively.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect
work being performed under this Agreement, with reasonable notice and during normal business hours,including
by any of the following methods:
i. Grantee shall provide access to any location or facility on which Grantee is performing work, or
storing or staging equipment, materials or documents;
ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Agreement; and,
iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Agreement.
C. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment
5,Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an
updated copy of Exhibit 1,to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include
in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the
Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state)
identified in Attachment 5,Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act
Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal
financial assistance, Grantee shall utilize the guidance provided under 2 CFR§200.330 for determining whether
the relationship represents that of a subrecipient or vendor.For State financial assistance,Grantee shall utilize the
form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form
number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website:
https:\\apps.fld fs.com\fsaa.
Attachment 1
9ofII
Rev.6/19/2019
Packet Pg. 2796
d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein,
Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to
the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable.
Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR
200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect,
general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty
Q0)days of such request.
e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not
commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from commingling funds on either a program-by-program or a project-by-project basis. Funds
specifically budgeted and/or received for one project may not be used to support another project. Where a
Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient,
shall establish a system to provide adequate fund accountability for each project it has been awarded.
i. If Department finds that these funds have been commingled, Department shall have the right to
demand a refund,either in whole or in part,of the funds provided to Grantee under this Agreement
for non-compliance with the material terms of this Agreement. The Grantee, upon such written
notification from Department shall refund, and shall forthwith pay to Department, the amount of
money demanded by Department. Interest on any refund shall be calculated based on the prevailing
rate used by the State Board of Administration. Interest shall be calculated from the date(s) the
original payment(s) are received from Department by Grantee to the date repayment is made by
Grantee to Department.
ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by
Department, from another source(s), Grantee shall reimburse Department for all recovered funds
originally provided under this Agreement and interest shall be charged for those recovered costs as
calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is
made to Department.
iii. Notwithstanding the requirements of this section,the above restrictions on commingling funds do
not apply to agreements where payments are made purely on a cost reimbursement basis.
28. Conflict of Interest. 76
'✓
The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the performance of services required.
29. Independent Contractor.
The Grantee is an independent contractor and is not an employee or agent of Department.
30. Subcontracting. W
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by Grantee.
b. The Department may,for cause, require the replacement of any Grantee employee,subcontractor,or agent. For 76
cause,includes,but is not limited to,technical or training qualifications,quality of work,change in security status,
or non-compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee
employee, subcontractor,or agent.
d. The Department's actions under paragraphs b.or c.shall not relieve Grantee of its obligation to perform all work
in compliance with the Agreement.The Grantee shall be responsible for the payment of all monies due under any
subcontract.The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under
any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred
under any subcontract.
e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the
Department's facilities,unless the basis of Department's denial is safety or security considerations.
f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities
afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915.
g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by
the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both
Grantee and the subcontractor(s),and without the fault or negligence of either, unless the subcontracted products
Attachment 1
10ofII
Rev. 6/19/2019
Packet Pg. 2797
or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery
schedule.
31. Guarantee of Parent Company.
If Grantee is a subsidiary of another corporation or other business entity,Grantee asserts that its parent company will
guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee
is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new
parent company guarantee all of the obligations of Grantee.
32. Survival.
The respective obligations of the parties, which by their nature would continue beyond the termination or expiration
of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests,and
public records,shall survive termination, cancellation,or expiration of this Agreement.
33. Third Parties.
The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of Grantee, its
agents,servants,and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This
Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If
Department consents to a subcontract,Grantee will specifically disclose that this Agreement does not create any third-
party rights. Further,no third parties shall rely upon any of the rights and obligations created under this Agreement.
34. Severability.
If a court of competent jurisdiction deems any term or condition herein void or unenforceable,the other provisions t�
are severable to that void provision, and shall remain in full force and effect.
35. Grantee's Employees, Subcontractors and Agents.
All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained
technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of
technical certification or other proof of qualification. All employees,subcontractors,or agents performing work under
Agreement must comply with all security and administrative requirements of Department and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Agreement.
36. Assignment.
The Grantee shall not sell, assign, or transfer any of its rights, duties,or obligations under the Agreement, or under W
any purchase order issued pursuant to the Agreement,without the prior written consent of Department. In the event
ofany assignment,Grantee remains secondarily liable for performance of the Agreement,unless Department expressly
waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its
intent to do so.
37. Execution in Counterparts and Authority to Sign.
This Agreement,any amendments, and/or change orders related to the Agreement, may be executed in counterparts,
each of which shall be an original and all of which shall constitute the same instrument. In accordance with the
Electronic Signature Act of 1996,electronic signatures, including facsimile transmissions, may be used and shall have
the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly
authorized to do so and to bind the respective party to the Agreement.
Attachment 1
II of II
Rev.6/19/2019
Packet Pg. 2798
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions
AGREEMENT NO.MV353
ATTACHMENT 2
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1. Where in conflict,these more specific terms shall apply.
1. Scope of Work.
The Project funded under this Agreement is the Monroe County Mobile Vessel Pump Out Program. The Project is
defined in more detail in Attachment 3,Grant Work Plan. y
2. Duration.
a. Reimbursement Period.The reimbursement period for this Agreement begins on 7/01/2019 and ends on the
expiration of this Agreement.
b. Extensions.There are no extensions available for this Project.
c. Service Periods. Additional service periods are not authorized under this Agreement. U
3. Payment Provisions.
a. Compensation.This is a fixed rate Agreement.The Grantee shall be compensated under this Agreement as
described in Attachment 3.
b. Invoicing. Invoicing will occur as indicated in Attachment 3.
c. Advance Pay.Advance Pay is not authorized under this Agreement.
4. Cost Eligible for Reimbursement or Matching Requirements.
Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following W
budget categories,as defined in the Reference Guide for State Expenditures,as indicated:
Reimbursement Match Category
❑ ❑ Salaries/Wages
Overhead/Indirect/General and Administrative Costs: E
❑ ❑ a. Fringe Benefits,N/A.
❑ ❑ b. Indirect Costs,N/A.
❑ ❑ Contractual (Subcontractors)
76
❑ ❑ Travel,in accordance with Section 112, F.S.
❑ ❑ Equipment
❑ ❑ Rental/Lease of Equipment
❑ ❑ Miscellaneous/Other Expenses
❑ ❑ Land Acquisition
5. Equipment Purchase.
No Equipment purchases shall be funded under this Agreement.
6. Land Acquisition.
There will be no Land Acquisitions funded under this Agreement.
7. Match Requirements
There is no match required on the part of the Grantee tinder this Agreement.
8. Insurance Requirements
Required Coverage. At all times during the Agreement the Grantee,at its sole expense,shall maintain insurance
coverage of such types and with such terms and limits described below. The limits of coverage under each policy
Attachment 2
1 of 2
Rev.7/1 1/19
Packet Pg. 2799
maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the
Agreement. Grantee shall provide coverage through a self-insurance program established and operating under the
laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this
Agreement,however the minimum insurance requirements applicable to this Agreement are:
a. Comprehensive General Liability Insurance.
The Grantee shall provide adequate comprehensive general liability insurance coverage and hold such
liability insurance at all times during the Agreement.The minimum limits shall be$200,000 for each
person and$300,000 per occurrence.
b. Commercial Automobile Insurance.
If the Grantee's duties include the use of a commercial vehicle,the Grantee shall maintain automobile
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property
damage shall provide coverage on an occurrence basis.The minimum limits shall be as follows:
$200,000/300,000 Automobile Liability for Company-Owned Vehicles, if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers'Compensation.
The Grantee shall comply with the workers'compensation requirements of Chapter 440,F.S.
d. Other Insurance.None.
U
U
9. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Agreement.
10. Retainage.
No retainage is required under this Agreement.
11. Subcontracting.
The Grantee may subcontract work under this Agreement with the prior written consent of the Department's Grant
Manager.The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any
invoices for subcontracted work. Regardless of any subcontract,the Grantee is ultimately responsible for all work to
be performed under this Agreement.
12. State-owned Land.
The work will not be performed on State-owned land.
13. Office of Policy and Budget Reporting. 0
The Grantee will identify the expected return on investment for this project and provide this information to the
Governor's Office of Policy and Budget(OPB)within three months of execution of this Agreement. For each frill
calendar quarter thereafter,the Grantee will provide quarterly update reports directly to OPB, no later than 20 days
after the end of each quarter,documenting the positive return on investment to the state that results from the m
Grantee's project and its use of funds provided under this Agreement.Quarterly reports will continue until the
Grantee is instructed by OPB that no further reports are needed,or until the end of this Agreement,whichever
occurs first.All reports shall be submitted electronically to OPB at env.roiaJaspbs.state.fl.us,and a copy shall also
be submitted to the Department at leaislativeaffairSRwfloridaDEP.sov.
14. Additional Terms.
None.
Attachment 2
2 of 2
Rev.7/1 1/19
Packet Pg. 2800
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
GRANT WORK PLAN
DEP AGREEMENT NO.: MV353
ATTACHMENT 3
PROJECT TITLE: Monroe County Mobile Vessel Pumpout Service
A. Scope of Services. In Support of the Clean Vessel Act Grant Program,the Florida Legislature recognizes the
importance of reduction or elimination of environmental impacts associated with the illegal discharge of sewage from
vessels,and compliance with the regulations of the federal No Discharge Zone established by the U.S.Environmental
Protection Agency and no discharge regulations established bythe Florida Keys National Marine Sanctuary. To that
end, the Florida Legislature has appropriated $750,000 in nonrecurring funds for a marine sewage pumpout
program to assist Grantee with alternative funding for its mobile vessel pumpout service (Service). The County
Boating Improvement funds will provide$271,719.88 towards the Service. _
CJ
The Grantee's Service,currently free to recreational boaters in the Florida Keys, is helping to ensure compliance with
the regulations of the federally established No Discharge Zone and is critical in ensuring that water quality in the
Florida Keys remains high. The $750,000 in funding assistance provided under this Agreement will assist with the
costs of the Service currently being provided by Monroe County, thus helping to improve and preserve water quality
that is vital to the economy and marine ecosystems of the Florida Keys-
Under this Agreement,the Grantee will subcontract services to provide 5,400 pumpouts for the first quarter and 6,600
pumpouts per quarter for the remaining three quarters, at locations throughout areas of Monroe County within the
Florida Keys and will meet certain objectives as directed and established by the Monroe County Board of County W
Commissioners. Quarter I is July 1, 2019 through September 30, 2019, Quarter 2 is October 1, 2019 through
December 31,2019,Quarter 3 is January I,2020 through March 31,2020 and Quarter 4 is April 1,2020 through June
30,2020.
B. Service Period.July 1,2019,through June 30,2020.
W
C. Deliverables. For each quarter,the Grantee shall submit the following after the close of each quarter: 2
1. A signed quarterly pumpout report fi-om its Contractor documenting the number of Pumpouts performed,
including the number of in-state vessels and out-of-state vessels pumped;volume of sewage pumped;number
of individual vessels pumped out;and method of disposal.Due no later than the 3011i day following the close
of each quarter.
2. A Quarterly Progress Report Form (Exhibit A), including documentation of submission of the Quarterly
Return on Investment Report to the Governor's Office of Policy and Budget (OPB). Due no later than the
3011i day following the close of each quarter.
3. An invoice for Service provided by its Contractor. Due no later than the 3011,day following the close of each
quarter.
os
D. Cost and Invoicing.The quarterly payment shall be$187,500.The Grantee shall submit a quarterly invoice
by the 3011,day following the close of each quarter. Each invoice shall contain thefollowing:
l. Invoice date;
2. Agreement number;
3. Dates of service; and
4. Documentation of number of pumpouts performed.
Attachment 3,DEP Agreement#: MV353
1 of 2
Packet Pg. 2801
E. Timeline.The Grantee shall submit quarterly reports and invoices by the 301h day following the close of the
quarter,specifically, October 30,January 30,April 30 and July 30.
F. Performance Measures. The Department's Agreement Manager shall review the quarterly reports and
documentation to ensure that the required number of pumpouts are performed each quarter.
G. Financial Consequences. If the required number of quarterly pumpouts are not performed,or are not made
up in the following quarter, then the next quarterly payment shall be reduced on a pro rata basis for each pumpout not
performed of the under-performing quarter.
O
U
U
U
I
O
O
O
O
O
O
O
O
O
Attachment 3, DEP Agreement#: MV353
2of2
Packet Pg. 2802
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
Attachment 4
1. Public Records.
a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services
under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material,regardless
of the physical form,characteristics,or means of transmission,made or received by Grantee in conjunction with the
Agreement(Public Records), unless the Public Records are exempt from section 24(a)of Article I of the Florida
Constitution or section 1]9.07(1), F.S.
b. The Department►nay Unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records
as required by law.
2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. W
For the purposes of this paragraph,the term "contract"means the"Agreement." If Grantee is a"contractor"as
defined in section 1 19.0701(1)(a), F.S.,the following provisions apply and the contractor shall: W
a. Keep and maintain Public Records required by Department to perform the service.
b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be
inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or
as otherwise provided by law.
c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to
penalties Under section 1]9.10, F.S.
d. 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 Public Records to Department.
e. Upon completion of the contract,transfer, at no cost,to Department all Public Records in possession of the contractor
or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all
Public Records to Department upon completion of the contract,the contractor shall destroy any duplicate Public W
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 ►neet all applicable
requirements for retaining Public Records. All Public Records stored electronically must be provided to Department,
Upon request from Department's custodian of Public Records, in a format specified by Department as compatible with
the information technology systems of Department.These formatting requirements are satisfied by using the data m
formats as authorized in the contract or Microsoft Word, Outlook, Adobe,or Excel, and any software formats the CD
2
contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118 E
Email: public.sery ices 2floridadep.gov
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49
Tallahassee, Florida 32399
Attachment 4
loft
Rev.4/27/2018
Packet Pg. 2803
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Audit Requirements
(State and Federal Financial Assistance)
Attachment 5
The administration of resources awarded by the Department of Environmental Protection (which may be referred to
as the "Department", "DEP", "FDEP"or "Grantor", or other name in the agreement)to the recipient(which may be
referred to as the "Recipient", "Grantee"or other-name in the agreement)may be subject to audits and/or monitoring
by the Department of Environmental Protection,as described in this attachment.
MONITORING
In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit Requirements, and
Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to,
on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By
entering into this Agreement,the recipient agrees to comply and cooperate with any monitoring procedures/processes
deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental
Protection determines that a limited scope audit of the recipient is appropriate,the recipient agrees to comply with any
additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees
to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief
CJ
Financial Officer(CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR
§200.330
I
I. A recipient that expends$750,000 or more in Federal awards in its fiscal year,must have a single or program-
specific audit conducted in accordance with the provisions of 2 CFR Part 200,Subpart F.EXHIBIT I to this
Attachment indicates Federal funds awarded through the Department of Environmental Protection by this
Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all
sources of federal awards, including federal resources received from the Department of Environmental
Protection. The determination of amounts of federal awards expended should be in accordance with the
guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in
accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part.
2. For the audit requirements addressed in Part 1,paragraph 1,the recipient shall fulfill the requirements relative
to auditee responsibilities as provided in 2 CFR 200.508-512.
3. A recipient that expends less than$750,00 in federal awards in its fiscal year is not required to have an audit
conducted in accordance with the provisions of 2 CFR Part 200, Subpart F-Audit Requirements. If the
recipient expends less than$750,000 in federal awards in its fiscal year and elects to have an audit conducted
in accordance with the provisions of 2 CFR 200, Subpart F-Audit Requirements, the cost of the audit must
be paid from non-federal resources (i.e., the cost of such an audit mist be paid from recipient resources
obtained from other federal entities.
4. The recipient may access information regarding the Catalog of Federal Domestic Assistance(CFDA)via the
internet at www.cfda.aov
Attachment 5
1 of 6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2804
PART 11: STATE FUNDED
This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes.
1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the
recipient must have a State single or project-specific audit for such fiscal year in accordance with Section
215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local
governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General.
EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental
Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the
recipient shall consider all sources of state financial assistance, including state financial assistance received
from the Department of Environmental Protection, other state agencies, and other nonstate entities. State
financial assistance does not include federal direct or pass-through awards and resources received by a
nonstate entity for Federal program matching requirements.
2. In connection with the audit requirements addressed in Part II,paragraph 1;the recipient shall ensure that the
audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a
financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local
governmental entities)or 10.650(nonprofit and for-profit organizations), Rules of the Auditor General.
3. If the recipient expends less than$750,000 in state financial assistance in its fiscal year(for fiscal year ending
June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97,
Florida Statutes, is not required. In the event that the recipient expends less than$750,000 in state financial
assistance in its fiscal year,and elects to have an audit conducted in accordance with the provisions of Section
215.97,Florida Statutes,the cost of the audit must be paid from the non-state entity's resources(i.e.,the cost
of such an audit must be paid from the recipient's resources obtained fi•om other than State entities).
4. For information regarding the Florida Catalog of State Financial Assistance(CSFA),a recipient should access '✓
the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the
above websites, the following websites may be accessed for information: Legislature's Website at
http://www.Ie(,.state.fl.us/Welcome/index.cftn State of Florida's website at http://www.myflorida.com/,
Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at
htti)://www.myflorida.com/audgen/. W
2
PART IiI: OTHER AUDIT REQUIREMENTS
0
(NOTE: This part would be used to specify any additional audit requirements in71-?osed by the State awarding entity
that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws
and is not in conJlict with other Federal or State audit requirements). Pursuant to Section 215.97(8),Florida Statutes,
State agencies ma},conduct or arrange for audits ofStatefinancial assistance that are in addition to audits conducted
it?accordance with Section 215.97, Florida Statutes. 1n such atr event, the State awarding agencJ,must arrange for
funding the full cost of such additional audits.)
PART IV: REPORT SUBMISSION
1. Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F-Audit
Requirements,and required by PART i of this form shall be submitted, when required by 2 CFR 200.512,by
or on behalf of the recipient directly to the Federal Audit Clearinghouse(FAC)as provided in 2 CFR 200.36
and 200.512
A. The Federal Audit Clearinghouse designated in 2 CFR§200.501(a)(the number of copies required by
2 CFR§200.501(a)should be submitted to the Federal Audit Clearinghouse),at the following address:
Attachment 5
2of6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2805
By Mail:
Federal Audit Clearinghouse
Bureau of the Census
1201 East I Oth Street
Jeffersonville,IN 47132
Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1,
2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can
be found at http://harvester.census.ROv/facwgb/
2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on
behalf of the recipient directly to each of the following:
A. The Department of Environmental Protection at one of the following addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee,Florida 32399-3000 CJ
CJ
Electronically:
FDEPSinQIeAuditQ,deo.state.fl.us
B. The Auditor General's Office at the following address:
Auditor General '_✓
Local Government Audits/342
Claude Pepper Building,Room 401
I
11 1 West Madison Street
Tallahassee,Florida 32399-1450
0)
The Auditor General's website(http://flauditor.Qov/) provides instructions for filing an
electronic copy of a financial reporting package.
3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or
on behalf of the recipient directly to the Department of Environmental Protection at one of the following
addresses:
By Mail:
Audit Director
Florida Department of Environmental Protection
Office of Inspector General,MS 40
3900 Commonwealth Boulevard
Tallahassee, Florida 32399-3000
Electronically:
FDEPSinaleAud itndep.state.fl.us
4. Any reports, management letters, or other information required to be submitted to the Department of
Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR
200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and
for-profit organizations), Rules of the Auditor General,as applicable.
Attachment 5
3 of 6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2806
5. Recipients,when submitting financial reporting packages to the Department of Environmental Protection for
audits done in accordance with 2 CFR 200, Subpart F-Audit Requirements, or Chapters 10.550 (local
governmental entities)and 10.650 (non and for-profit organizations),Rules of the Auditor General,should
indicate the date and the reporting package was delivered to the recipient correspondence accompanying the
reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this
Agreement for a period of five(5)years from the date the audit report is issued, and shall allow the Department of
Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon
request.The recipient shall ensure that audit working papers are made available to the Department of Environmental
Protection,or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years
from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection.
O
CJ
CJ
CJ
6
I
O
O
O
O
U
O
O
O
O
O
Attachment 5
4 of 6
BGS-DEP 55-215 revised 7/2019
Packet Pg. 2807
EXHIBIT—I O
FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: O
O
Note:If the resomres awarded to the recipient represent more than are federal program,provide the same itnfornratiotr shoirn below for each federal prograni
and show total federal resources awarded
Federal Resources Awarded to the Reci bent Pursuant to this Agreement Consist of the Following:
O
Federal State t8
Program CFDA Appropriation Ca
A Federal Aeency Number CFDA Title Funding Amount Category CJ
S
Federal State
Program CFDA Appropriation
B Federal Aeency Number CFDA Title Funding Amount Category
S W
O
I
Note:Of the resources awarded to the recipient represent more than one federal program,list applicable compliance requirements for each federal program in
the same manner as shown below.
Federal O
Program First Compliance requirement:i.e.:(what services of purposes resources must be used for) �
A
Second Compliance requirement:i.e.:(eli gibility requirement for recipients of the resources)
Etc.
Etc.
O
Federal
Program First Compliance requirement:i.e.:(what services of purposes resources nest be used for)
B O
Second Compliance ret uirement i.e.:(cli gibilit)requirement for recipients of the resources)
Etc. O
Etc. O
Attachment 5,Exhibit I
5 of G
pcs.urw s>_u
R,,..d 72Ot7
Packet Pg. 2808
Note:1f the resources mrnrded to the recipient for matching represent more than one federal program,provide the sane information shown below for each
edernl program and show total state resources awarded for marching.
State Resources Awarded to the Rcci bent Pursuant to this A reemcnt Consist of the Followin iNlatchin Resour es for Federal Programs: O
Federal State
Program Appropriation O
A Federal Aeencv CFDA CFDA Title Funding Amount Cate on•
tJ
Federal State
O
Program Appropriation t8
Q Federal Agency CFDA CFDA Title Funding Amount Category Ca
Note:If the resources mrnrded to the recipient represent more than one state project,provide the sane information shown below jar each state project and show
total state financial assistance awarded that is subject to section 215.97,F.S.
State Resources Awarded to the Recipient Pursuant to this A reemcnt Consist of the Following Resources SOject to Section 215.97,'F.S.:
State State Fiscal
Program FL Department of Year N/A Line Item No. 1613,GAA,Fiscal Year
A v al Protection 2019 2020 2019-2020 S750.000.00 100777
O
State CSFA Title State
Program State CSFA or Appropriation O
Q Slate Awarding Aeencv Fiscal Year Number Funding Source Description Funding Amount Category
O
O
O
Total A%%ard S750.000.00
Note:List applicable compliance requirement in the same manner as illustrated above for federal resources.For matching resources provided by the R3
Department for DEP for federal programs,the requirements aright be similar to the requirements jar the applicable federal programs.Also,to the extent that U
different requirements pertain to different anno+uN for the non Jedernl resources,there n+qv be more than we grouping(i.e. 1,3,3,ere)listed wider this cntegoq: O.
For each program identified above,the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance(CFDA) i=
[tvww.cfda.govf and/or the Florida Catalog of State Financial Assistance(CSFA)Ihttps:/ianps:ndfs.coln/fsaa/searchCataloe.asrrsl,and State Projects Compliance
Supplement(Part Four.State Projects Compliance Supplement flutes://apps.fldfs.com/fsaa/state ptaiect campliance.asml.The servicesipurposes for which the
funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. O
Attachment 5,Exhibit I U
6of6
GG)-O[P 55-2I5 ¢1
RC\uN,21111)
Packet Pg. 2809
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Progress Report Form
Exhibit A
DEP Agreement No.:
Grantee Name:
Grantee Address:
Grantee's Grant Manager: Telephone No.:
Reporting Period:
Project Number and Title:
0
Provide the following information for all tasks and deliverables identified in the Grant Work
Plan: a summary of project accomplishments for the reporting period; a comparison of
actual accomplishments to goals for the period; if goals were not met, provide reasons why;
provide an update on the estimated time for completion of the task and an explanation for
any anticipated delays and identify by task.
NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan.
The following format should be followed:
Task 1:
Progress for this reporting period: W
Identify any delays or problems encountered:
i
m
0
m
0
0
m
This report is submitted in accordance with the reporting requirements of DEP Agreement No.
and accurately reflects the activities associated with the project.
Signature of Grantee's Grant Manager Date
Exhibit A,DEP Agreement#:
I of I
Rev.5/30/2017
Packet Pg. 2810
Exhibit C
PAYMENT REQUEST SUMMARY FORM
DEP Agreement No.: _\:. _Agreement Effective Dates:
Grantee: Grantee's Grant Manager:
Mailing Address:
Payment Request No. Date of Payment Request: _
Performance Period (Start date—End date): y
0
Task/Deliverable No(s). _ Task/Deliverable Amount Requested: $
GRANT EXPENDITURES SUMMARY SECTION
i�
AMOUNT OF TOTAL MATCHING TOTAL
CATEGORY OF EXPENDITURE THIS REQUEST CUMULATIVE FUNDS FOR CUMULATIVE
(As authorized) PAYMENT THIS REQUEST MATCHING
REQUESTS FUNDS
Salaries/Wages $N/A $ $N/A $N/A
Fringe Benefits $ N/A $ $N/A $N/A
Indirect Cost $N/A $ $N/A $N/A
Contractual(Subcontractors) $ $ $N/A $N/A W
Travel $ N/A $ $N/A $N/A
Equipment(Direct Purchases) $ N/A $ $N/A $N/A
Rental/Lease of Equipment S N/A $ $N/A $N/A o
Miscellaneous/Other Expenses $N/A $ $N/A $N/A
Land Acquisition $ N/A $ $N/A $N/A
TOTAL AMOUNT $ $ $N/A $N/A
0
TOTAL TASK/DELIVERABLE $ $N/A
BUDGET AMOUNT
Less Total Cumulative Payment $ $N/A
Requests of:
m
TOTAL REMAINING 1N TASK $ $N/A
GRANTEE CERTIFICATION
Complete Grantee's Certification of Payment Request on Page 2 to certify that the amount being
requested for reimbursement above was for items that were charged to and utilized only for the above
cited grant activities.
Exhibit C,DEP Agreement#:
1 of 3
Rev.6/14/2019
Packet Pg. 2811
Grantee's Certification of Payment Request
on behalf of
(Print name of Grantee's Grant Manager designated in the Agreement)
,do hereby certify for
(Print name of Grantee/Recipient)
DEP Agreement No. and Payment Request No. that:
Z The disbursement amount requested is for allowable costs for the project described in Attachment A of 0
the Agreement.
0 All costs included in the amount requested have been satisfactorily purchased, performed, received, and
applied toward completing the project; such costs are doctunented by invoices or other appropriate
documentation as required in the Agreement.
2 The Grantee has paid such costs under the terms and provisions ofcontracts relating directly to the project;
and the Grantee is not in default of any terms or provisions of the contracts.
Check all Mal apply below:
❑ All permits and approvals required for the construction, which is underway,have been obtained.
❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits.
❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided
services for this project during the time period covered by this Certification of Payment Request,and such
certifications are included:
Professional Service Provider(Name/License No.) Period of Service (mm/dd/yy—mm/dd/yy)_ m
2
0
m
U
Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature
Print Name Print Name
Telephone NU►nber Telephone Number
Exhibit C,DEP Agreement 4:
2 of 3
Rev.6/14/2019
Packet Pg. 2812
INSTRUCTIONS FOR COMPLETING
PAYMENT REQUEST SUMMARY FORM
DEP AGREEMENT NO.: This is the number on your grant agreement.
AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date.
GRANTEE: Enter the name of the grantee's agency.
GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement.
MAILING ADDRESS: Enter the address that you want the state warrant sent.
PAYMENT REQUEST NO.: This is the number of your payment request,not the quarter number.
DATE OF PAYMENT REQUEST: This is the date you are submitting the request.
PERFORMANCE PERIOD: This is the beginning and ending date of tile performance period for the task/deliverable
that the request is for(this must be within the timeline shown for the task/deliverable in the Agreement).
TASK/DELIVERABLE NO.: This is the number of the task/deliverable that you are requesting payment for and/or y
claiming match for(must agree with the current Grant Work Plan).
TASK/DELIVERABLE AMOUNT REQUESTED: This should match the amount on the "TOTAL
TASK/DELIVERABLE BUDGETAMOUNT"line for the"AMOUNT OF THIS REOUEST' column.
GRANT EXPENDITURES SUMMARY SECTION: c
"AMOUNT OF THIS REQUEST" COLUMN: Enter the amount that was expended for this task during the period
for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the
current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an
approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the
column total on the"TOTAL AMOUNT'line. Enter the amount of the task on the"TOTAL TASKBUDGETAMOUNT'
line. Enter the total cumulative amount of this request and all previous payments on the"LESS TOTAL CUMULATIVE
PAYMENT REQUESTS OF' line. Deduct the "LESS TOTAL CUMULATIVE PAYMENT REOUESTS OF' from the
"TOTAL TASK BUDGET AMOUNT' for the amount to enter on the"TOTAL REMAINING IN TASK" I ine.
"TOTAL CUMULATIVE PAYMENT REQUESTS" COLUMN: Enter the cumulative amounts that have been W
requested to date for reimbursement by budget category. The final request should show the total of all requests;first _
through the final request(this amount cannot exceed the approved budget amount for that budget category for the task
you are reporting on). Enter the colunun total on the"TOTALS" line. Do not enter anything in the shaded areas.
"MATCHING FUNDS" COLUMN: Enter the amount to be claimed as thatch for the performance period for the
task you are reporting on. This needs to be shown under specific budget categories according to the currently approved
Grant Work Plan. Enter the total on the"TOTAL AMOUNT' line for this column. Enter the thatch budget amount on
76
the "TOTAL TASK BUDGET AMOUNT' line for this column. Enter the total cumulative amount of this and any U
previous match claimed on the"LESS TOTAL CUMULATIVE PAYMENTSOF line for this column. Deduct the"LESS
TOTAL CUMULATIVE PAYMENTS OF'from the"TOTAL TASK BUDGET AMOUNT'for the amount to enter on the
"TOTAL REMAINING IN TASK" line.
"TOTAL CUMULATIVE MATCHING FUNDS" COLUMN: Enter the cumulative amount you have claimed to
date for thatch by budget category for the task. Put the total of all on the line titled "TOTALS." The final report should
show the total of all claims, first claim through the final claim, etc. Do not enter anything in the shaded areas.
GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers
that certified work or services completed during the period included in the request for payment. Must be signed by
both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent.
NOTES:
if claiming reimbursement for travel,you must include copies of receipts and a copy of the travel reimbursement
form approved by the Department of Financial Services,Chief Financial Officer.
Documentation for match claims must meet the same requirements as those expenditures for reimbursement.
Exhibit C.DEP Agreement 4:
3 of 3
Rev.6/14/2019
Packet Pg. 2813