Item I3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 20, 2012
Bulls Item: Yes No X
Division: Growth Management
Department: Planning & Env. Resources
Staff Contact Person: Richard Jones/289-2805
AGENDA ITEM WORDING: Discussion of National Marine Waste Foundation's (NMWF)
anticipated budget and description of services for mobile pumpout service in the Keys.
ITEM BACKGROUND: At the January 19, 2011 Board of County Commissioners (BOCC) meeting
staff described existing pumpout facilities available throughout the Keys and discussed the
consideration of future provisions for mobile pumpout services to more effectively provide for the
needs of the boating public. The Board also heard from David Paul Horan, representing NMWF, who
described NMWF's willingness to provide free pumpout service to boaters throughout the Keys with
financial support from Monroe County and the Florida Department of Environmental Protection Clean
Vessel Act (CVA) Program. The BOCC directed staff to develop a Request for Proposals (RFP) for
providing mobile vessel pumpout services. At the July 20, 2011 BOCC meeting the Board approved
advertising the RFP for Keys -wide mobile pumpout service. At the October 19, 2011 BOCC meeting
the Board approved selection of the NMWF response to the RFP and gave direction to negotiate a
contract with NMWF. Boating Improvement Funds are currently utilized for vessel pumpout costs
(approx. $182,000/yr. budgeted) as well as derelict vessel removals (FY'12 $132,000; FY'11
$238,360; FY'10 $184,681; FY'09 $187,153). The NMWF is requesting $329,600.75 from the
County to provide expanded mobile pumpout service.
PREVIOUS RELEVANT BOCC ACTION:
January 2011- Direction to develop an RFP for providing Keys -wide mobile vessel pumpout services
July 2011- Approval to advertise the RFP for providing Keys -wide mobile vessel pumpout services
October 2011- Approved selection of NMWF for Keys -wide mobile vessel pumpout services and
direction to negotiate a contract
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: n/a INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Atty X
DOCUMENTATION: Included X
DISPOSITION:
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management
Not Required
AGENDA ITEM #
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I
Proposal for Keys -Wide
Mobile Vessel Pumpout Service
RFP-G MD-256-109-2011-PUR/CV
National Marine
Waste Foundation, Inc.
Respondent:
Dan Martin
National Marine Waste Foundation
P.O. Box 65 • Destin, Florida 32540
850-978-0455
Respondent's
approach to
this project.
Past Performance
Qualifications, and
Service Description.
References
AVERY' READY INDEX`
1
Tab 1-I
The National Marine Waste Foundation will contract with PumpOut USA (PO USA)
to take over maintenance and operation of the existing County and Municipal
pumpout boats in Monroe County. PO USA has an additional six (6) pump out
boats ready to place into service. Each Captain will be a Steward of the natural
resources of Monroe County.
The Monroe County program will have daily oversight and management from a
General Manager (now living in Monroe County) that has extensive experience
and training in the pump out industry. The General Manager will have an
Administrative Assistant in each service area that will assist with coordination of
pump out schedules and enroll vessels for service. The Administrative Assistant
will obtain contact information and location for pump out service. One Service
Technician will maintain all pumpout vessels on a service schedule and will be
responsible for swapping out pump out vessels with a reserve backup vessel when
extensive service or repair is needed or scheduled. The Monroe County program
will require ten (10) Captains to provide service to each service area on a regular
schedule and to assist in public awareness, education and promotion of Monroe
Counties natural resources. The General Manager and Captains will schedule
themselves to participate and promote clean water through pumpout at public
gatherings. There will be two part time or stand by Captains available to relieve
the full time captains as needed. Each Captain will work a designated area at
least once per week. Each pumpout vessel will be equipped with a monitoring
unit that measures the gallons of sewage that are pumped each day and transmits
the information so that it is accessible by the County and Florida DEP (via the
internet) at any time.
This free Monroe County program will require each vessel owner to register
their vessel (s) for the service program. Each registered vessel will be given a
twelve inch by one and a half inch orange banner to display on their bow rail
when service is required. Vessel owners will pick up registration packets from
marinas, bait and tackle shops and any location that agrees to provide the
registration packets (See Registration Package Exhibit Q.
In short, the objective is to provide free pumpout service for every Monroe
County recreational vessel with a holding tank.
Tab 1-11
The National Marine Waste Foundation has a Memorandum of Understanding
(MOU) with Mote Marine Laboratories and is operating as a 5010 organization
(Exhibit A).
Under the MOU, the Foundation qualifies for Florida CVA grant funding for all
allowable expenses. The proposed annual budget for Monroe County is one
million five hundred, four hundred forty five dollars. ($1,500,445.00). Of this
proposed budget, eight hundred seven thousand four hundred dollars
($807,400.00) qualifies for CVA grant reimbursement funding. It is anticipated
that the remaining six hundred ninety three thousand ($693,043.00) will come
from the County and Municipalities with in Monroe County. Additional grants
and donations from the private sector will also be sought.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
NATIONAL MARINE WASTE FOUNDATION, Inc.
AND
THE MOTE MARINE LABORATORY, Inc.
L The purpose of this MOU between the National Marine Waste Foundation (NMWF) and the Mote Marine
Laboratory (NN L) is to establish a working relationship between the two organizations to undertake
mutually desirable activities. Goals shared by NMWF and MML are:
• Provide marine waste disposal services to the general public in order to benefit the environment.
• Participate in the Florida Clean Vessel Act Program to improve waste disposal services and
availability in Florida.
II. This is a non-exclusive contract between the two organizations and preserves the right of each to work
independently or with other organizations.
III. The intent of this MOU is to use the resources of both organizations efficiently and effectively, to promote a
clean marine environment. Wherever desirable, NMWF and MML will seek to cooperate, solicit funds and
jointly plan and execute the program for mobile marine waste collection disposal.
IV. This relationship will take advantage of the complementary institutional capabilities of the respective
organizations in the development and implementation of our separate and joint programs. Joint activities
will include:
• Participation in the NMWF program development to provide mobile pump -out vessels in Monroe
County Florida.
• improvement of waste collection and disposal capacity for better coverage of Monroe County
mooring areas and sensitive marine environments.
• Development of education initiatives to improve use and compliance with safe marine waste
disposal.
• Potential future expansion to include all coastal counties in Florida.
V. Neither organization shall make any commitments or take any positions on behalf of the other without that
organization's specific, written consent.
VI. The MML authorizes NMWF to use, in the United States, the registered trademarks of Mote Marine
Laboratory, and the shark logo in the literature and promotional information about the marine waste
disposal services.
VII. This MOU is effective for one year, beginning on September 1, 2011, and ending on September, 2012, This
MOU may be terminated with 30 days notice by either party for any reason. If the relationship established
by this MOU proves mutually agreeable and sustainable, NMWF and MNILA may choose to continue this
relationship beyond the initial year of joint activities.
VIII. This MOU may be modified only by written amendment executed by NMWF and MMLA. This MOU
cotes the entire agreement of the parties.
S ed, Signed,
ational e W undati Inc. M Laboratory, Inc.
Dan Martin K a evaniPh.D. I Oate
-Presi �1 President ana CEO
alyet'44wt �IP
2
Tab 2-1
PO USA, under the direction of Captain Donnie Brown, started its first pump out
service in Okaloosa County, Florida. Since 2001 PO USA has worked with Monroe
County to establish pump out locations in the Keys. PO USA travels to various
cities teaching marinas and operators about marine sewage removal and vessel
operation. PO USA has delivered and trained operations for over fifty (50) pump
out vessels within thirteen (13) States and the Virgin Islands.
2-II. PO USA helped pioneer pump out programs in Monroe County and has used
the program template in many areas of the United States. As an operator of
pump out services, it was apparent that there was a need for various types of
dedicated pump out vessels. In 2005 PO USA purchased its boat manufacturing
facility in DeFuniak Springs, Florida. The Monroe County program will attempt to
hire Captains and management from within Monroe County who have experience
with the pump out industry. The Monroe County program will maintain an office
in Summerlin Key at the present Mote Marine Laboratories offices.
2-111. Monroe County has six (6) vessels in place and PO USA is prepared to place
five (5) additional vessels into service and maintain one additional back up vessel.
Additional vessels will be built or provided as needed. The Monroe County
service program will utilize Municipal, County and private locations for
operations. PO USA will be responsible for insuring, operating and maintaining all
pump out vessels in the Monroe County program. PO USA can replace any vessel
within thirty (30) days.
Any new vessel.will be funded through the Florida CVA grant program.
2-IV. In service areas where land based waste water pumping stations are not
available PO USA will contract with existing Monroe County waste removal trucks
to pump waste water from the pumpout vessel into "honey trucks".
Tab 2 - V. All recreational vessels with holding tanks located in the waters of
Monroe County will be eligible for this service program, whether anchored -out or
at marinas (Service Area Map Exhibit B).
A;
4
le e
�23
Incorporated
1. City of Key West
2. City of Marathon
3. City of Key Colony Beach
4. City of La on
5. Village of Islamorada
[edit Unincorporated islands and areas
a. Stock Island
b. Big Coppitt Key
c. Cudjoe Key
d. Big Pine Key
e. Duck Key
f. Tavernier
g. Key Largo
h. North Key Largo
i. Flamingo
j. Bay Point
k. Sugarloaf Shores
1. Marquesas Keys
m. Bahia Honda State Park
n. Everglades National Park
edit] Parks and recreational areas
Not pictured
• Big Cypress National
Preserve
• Dry Tortugas National Park
• John Pennekam.p Coral Reef
State Park
• Islamorada Founder's Park
[edit] National Wildlife
Refuges
• Crocodile Lake National
Wildlife Refuge
• Great White Heron National
Wildlife Refuge
• KKe +_West National Wildlife
Refuge
• National Key Deer Refuge
2-VI. PO USA has worked on developing the Monroe County program for over ten
years and can provide service indefinitely, based on State administered CVA grant
funding and the financial participation of Monroe County and the Monroe County
Municipalities.
2-VII. Service will be provided once weekly, Monday through Friday between
8:00 am and 5:00 pm. Each of the ten service areas will have a published service
schedule that will be handed out and may also be viewed on line.
VIII. Due to the CVA Grant funding and contributions from the County and
Municipalities there will be no cost to any recreational vessel for pump out
services.
2-IX. Once the Monroe County program is approved it will take a minimum of
sixty (60) days to initiate the program and finalize the funding. It is anticipated
that it will take thirty (30) days to survey and determine if any upgrades or
modifications are required for any of the existing vessels. During the following
thirty (30) days the additional PO USA vessels will be delivered to Monroe County
and all management and staff will be employed.
2-X. PO USA management and staff will speak before social organizations, schools
and other meetings to increase public awareness of the value of the Monroe
County marine environment. Exhibits will be developed for boat shows, fairs, etc.
2-XI. PO USA will service all recreational vessels at no charge and, after the
Monroe County program is approved, PO USA will determine the criteria and
thresholds for commercial vessels. The current CVA guidelines will fund
recreational vessels exclusively.
3
Tab 3 References:
Municipalities
The City of Key West
David Hawthorne
1801 N. Roosevelt Blvd.
Key West, FL 33040
(305) 809-3962
3-Boats
15t-10/13/2000
2nd-09/23/2010
3rd-12/03/2010
The City of Marathon
Richard Tanner
9805 Overseas Hwy
Marathon, FL 33050
(305) 743-0033
3-Boats
15t-02/12/2002
2nd-09/29/2005
3rd-03/04/2007
The City of Fort Myers Beach
Jeff Richards
2523 Estero Blvd.
Fort Myers Beaph, FL 33931
(239) 765-0202
2-Boats
1St-08/02/2004
2nd-02/17/2009
The City of Clearwater
Gordon Wills
25 Causeway Blvd
Clearwater, FL 33767
(727) 462-6954
2-Boats
15t-06/15/2006
2nd_10/01/2011
The City of St. Augustine
Sam Adukiewicz
111 E. Avendia Menedez
St. Augustine, FL 32084
(904) 315-3693
1-Boat 04/05/2010
Marinas
Key Colony Marina
Terry Fisher
600,Sadowski Causeway
Key Colony Beach, FL 33051
(305) 923-9127
2-Boats
15t-05/15/2003
2nd-06/18/2009
Island Cove Marina
John Naybor
806 Lakewood Rd.
Pensacola, FL 32507
(850) 455-4552
2-Boats
15t-07/01/2004
2nd-12/28/2009
Bluewater Bay Marina
Ryan Hinely
290 Yacht Club Dr.
Niceville, FL 32578
(850) 685-4488
2-Boats
15t-06/18/2004
2nd_07/05/2011
Scipio Creek Marina
Thelma Creamer
301 Market St.
Apalachicola, FL 32320
(850) 653-8030
2-Boats
15t-05/31/2005
2nd-07/22/2011
Riviera Dunes Marina
Mike Adams
102 Riviera Dunes Way
Palmetto, FL 34221
(941) 723-9595
2-Boats
15t-12/23/2005
2nd_08/14/2009
PO USA custom designed each boat for each program and works with each
applicant on their grant application and continues to work with them to further
develop their individual programs. The 10 marinas represent 21 of the PumpOut
USA boats over the last 10 years.
E
Tab 4. Staffing
a. 10 Full-time Captains and 2 part-time Captains
2 Administrative Assistants
1 Service Technician
b. Mote Marine Laboratories will provide interns and volunteers for
fundraisers and selected seminars.
c. Each boat operator must have one year experience in the marine sewage
business. Although a Captain's license is not required, it is PO USA's
commitment to work with each individual boat operator to obtain a
Captains License.
All Captains and staff will be registered in a random drug testing program.
d. It is expected that there will be a low turnover rate as each Captain and staff
are currently working in existing Monroe County or Municipal programs.
5
Tab 5. Background Information
a. PumpOut USA is a sole proprietorship owned by Captain Donnie Brown
b. National Marine Waste Foundation
Executive Director: Dan Martin — Destin, Florida
Board of Directors: Elaine Tucker— Shalimar, Florida
David Stevens —Sterrett, Alabama
Michael Woodham — Destin, Florida
David Paul Horan — Key West, Florida
c. Captain Donnie Brown has been in business for fifteen (15) years and in the
marine sewage business seven years prior to the manufacturing of pump
out vessels. He has taught cities and marinas how to operate pump out
services.
d. 2001 PumpOut USA and DC Brown Custom Boat Works
e. (i) NO
(ii) NO
(iii) NO
(iv) Mote Marine Laboratories
f. Captains License
Northwest Florida Industrial Marine Association
191
Tab 6. Litigation
I. No
II. No
III. No
IV. No
V. No
SECTION THREE: COUNTY FORMS
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11)
RESPONSE FORM
RESPOND TO: MONROE COUNTY PURCHASING OFFICE
HISTORIC GATO CIGAR FACTORY
ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge receipt of Addenda No.(s)
I have included:
• Lobbying and Conflict of Interest Clause
• Non -Collusion Affidavit �r
• Drug Free Workplace Form
• Public Entity Crime Statement
• Insurance and Indemnification Statement
• Local Preference Form (if applicable)
(Check mark items above, as reminder that they are includedl
In addition, I have included a current copy of the following professional and occupational licenses:
Mailing Address: wt
Signed:
D AIP't !�Os
/I n� Z
Witness:
C)l.#t02WEAi
(Name)
Di:
(Title)
24
Telephoner T �'�
Fax: no 241 Xs/ 1
Date: 17121t
(Seal)
NON -COLLUSION AFFIDAVIT
I, bAbiwit L_ yK.4kripi— of the city of ,/' according to law on my
oath, and dnder penalty of perjury, depose and say that —�
a. I am CU G of the firm of
he bidder making the
Pro oral for the projec described in the Request for Proposals for
CD UdL�, and that 1 executed the said
proposal with fu I authority to do'so;
b. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
c, unless otherwise required by law, the prices which have been quoted in this bid, have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder
prior to bid opening, directly or indirectly, to any other bidder or to any competitor, and
d. no attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of restricting
competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
—I z
(Signature)
Date: 1:5) 9 Q 71-Z4
STATE OF: /c! o r "d o,-
COUNTY OF: 19 E<, M /oo Jc-
Subscribed and sworn to (or affirmed) before me on e.►+-, LU 7, aO /I_ (date) by
n i (name of affiant). He/She/is personally known to
f
me or has produced o o (type of identification)
as identification.
NOTA PU�tBLIC
.e�� wa�DuHATrEil My Commission Expires: Odb c2D
M E& October 12, 2M I
'�ig��� BaadodiMiBudpalliola�tE1�I�
26
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who
is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, 1 c ' that this firm complies fully with the above
requirements.
STATE OF:
(Signature)
Date: 9 D
Flo ri lal
COUNTY OF: (9k�-too fa.
Subscribed and sworn to (or affirmed) before me on S-�'f.�,,, hrl �„ fr (date) by
(name of affiant). He/She is personally known to
me or has produced rD-Q rJ-Q n A-1( y lVtaL✓h
as identification.
wAidDAJ. Fb4Trm
* * MY CaWISS1M IM 7998W
e EXPIRES: October 92, 2ot 1
�WFu ftWTfraBidpatWWy8WM
(type of identification)
40F�Y�-
NOTA PUBLIC
My Commission Expires: dc�b L'r DZ,
27
PUBLIC ENTITY CREME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted vendor list." /
I have read the above and state that neither (Respondent's ondent's name nor
any Affiliate has been placed on the convicted vendor list ithin the last 36 months.
(Signature)
Date:
STATE OF: Flo r'~ d,,Vkl
COUNTY OF: Q I`rA- l Oo Sc�
Subscribed and sworn to (or affirmed) before me on ,&inLV' 7 �l (date) by
/� —v , .__..�_.
Gt,nl� v 1 �E (name of affiant), He/She is personally known to
me or has produced (type of identification)
as identification.
* * MY COWMI DD 71900
.y EXPIRES: Xkt * tz, 2Ot t
'4ara� Baaed7iru840NoWy$WM
NOTA PUBLIC
My Commission Expires:
28
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
"...warrants that hest has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or
employee."
(Signature)
Date: 4 712e
STATE OF: 0000UNTY OF: &6J00-r'c.
c
Subscribed and swom to (or affirmed) before me on Yjj:2tt*--, ;c-r 7 c2-O (date) by
(name of afFant). He/She is personally known to
me or has produced @-f`.r 64 kn 0 L^.4. (type of identification)
as identification.
M
GU1ti.�'l.Gt-
NOTAFK PUBLIC
My Commission Expires: QGfo
d HAftl�l
�, * 10D1181�1
VOMP
Watercraft Liability $1 MilIion Combined Single Limit (CSL)
Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft
Liability Insurance with terms no Iess restrictive than those found in the standard "American Institute
Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Injury (including death) to any Person
• Damage to Fixed or Movable Objects
• Costs Associated with the Removal of Wrecked Vessels
• ContractuaI Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be
endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall be:
$1 MilIion Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent
covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Respondent or any of its employees, agents, contractors in any tier or other
invitees during the term of this Agreement, (8) the negligence or willful misconduct of Respondent or any of its
employees, agents, respondents in any tier or other invitees, or (C) Respondent's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of -action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than
RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses
relate to events or circumstances that occur during the term of this Agreement, this section will survive the
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a result of
the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the
County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Respondent is for the indemnification provided for
above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mand ory'f awarde the contract and ill comply in full with all the
requirements.
Respondent Signature Dat
30
'Pali
*tat
C of
frVartment of Otatlp
I certify the attached is a true and correct copy of the Articleaa of
Incorporation of PLWOUT U.S.A., INC., a Florida corporation, filed on
June 14, 2000, as shown by the records of this office.
I further certify the document was electronically received under FAX audit
number H00000031861. This certificate is issued in accordance with
section 15.16, Florida Statutes, and authenticated by the code noted below
The document number of this corporation is P00000057548.
Given under my hand and the
Great Seal of the State of Florida,
at Tallahassee, the Capital, this the
Fourteenth day of June, 2000
Authentication Code: 600A00034058-061400-P00000057548-1/1
CR2Eo22 (1-99)
�rrnzE �`arrris
�a=�tr�ehu� zr��#air
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
ATLANTA GA 39901
PUMPOUT U S. A, INC.
7. RICHARD L PAILSON
4507 FURLING LN STE 206
DESTIN FL 32541
BATE OF THIS NOTICE: 06-28-2000
NUMBER OF THIS NOTICE: CP 575 A
EMPLOYER IDENTIFICATION NUMBER: 59-365355
FORM: SS-4
0716934126 B
FOR ASSISTANCE CALL US A
1-800-829-1040
OR WRITE TO THE ADDRESS
SHOWN AT THE TOP LEFT.
IF YOU WRITE, ATTACH THE
STUB OF THIS NOTICE.
WE ASSIGNED YOU AN EMPLOYER IDENTIFICATION NUMBER (EIN)
Thank you for your Form SS-4, Application for Employer Identification Number
(EIN). We assigned you EIN 59-3653554. This EIN will identify your business account,
tax returns, and documents, even if you have no employees. Please keep this notice in
Your permanent records.
Use your complete name and EIN as shown above on all federal tax forms, payments,
and related correspondence. If you use any variation in your name or EIN, it may
cause a delay in processing, incorrect information in your account, or cause you to be
assigned more than one EIN.
Based on the information shown on your Form SS-4, you must file the following
forms(s) by the date we show.
Form 941
Form 1120
Form 940
10/31/2000
03/15/2001
01/31/2001
Please file your Form by the due date shown above. If the due date above has
Passed and you have not yet filed, please file your Form by 07-13-ZO00. If we don't
receive your form by that date, we will charge additional penalties and interest. We
charge penalties and interest from the due date of the return until it is filed.
Your assigned tax classification is based on information obtained from your Form
SS-4. It is not a legal determination of your tax classification and is not binding
on the Service. If you want a determination on your tax classification, you may seek
a private letter ruling from the Service under the procedures set forth in Rev. Proc.
98-01, 1998-1 I.R.B. 7 (or the superceding revenue procedure for the year at issue).
If you need help in determining what your tax year is, you can get Publication
538, Accounting Periods and Methods, at your local IRS office.
If you have ,any questions about the forms shown or the date they are due, you maj
call us at 1-800-829-1040 or write to us at the address shown above.
If you're required to deposit for employment taxes (Forms 941, 943, 940, 945,
CT-1, or 1042), excise taxes (Form 720), or income taxes (Form 1120), we will send an
initial supply of Federal Tax Deposit (FTD) coupon books within six weeks. You can use
the enclosed coupons if you need to make a deposit before you receive your supply.
Start your business off right - pay your taxes the easy way. Pay through the
Electronic Federal Tax Payment System (EFTPS). For information about EFTPS, call
1-800-829-3676 and request Publication 966, EFTPS Answers to the Most Commonly Asked
Questions.
(((1109000'149223 3)))
ARTICLES OF INCORPORATION
OF
NATIONAL MARINE WASTE FOUNDATION, INC.
The undersigned, acting as incorporator of a corporation under the Florida Not -For -Profit
Corporation Act, Chapter 617, adopts the following Articles of Incorporation for such corporation;
ARTICLE I
The name of the corporation is National Marine Waste Foundation, Inc.
ARTICLE H
The period of its duration is perpetual.
ARTICLE III
This corporation is organized exclusively for charitable, religious, educational and
scientific purposes, including for such purposes, providing marine waste disposal services to the
general public in order to enhance and benefit the environment as a whole, and any other business
as permitted under the laws of the United States and the State of Florida, not inconsistent with its
tax-exempt status.
Thq National Marine Waste Foundation, Inc. intends to quality and operate as a 501(c)(3)
corporation and has been formed to fund and administer the removal of marine waste from vessels
operating within national waterways. The foundation has identified and prioritized the following
geographic locations for initial service:
Okaloosa County, Florida (Fort Walton Beach - Destin)
Monroe County, Florida (Florida Keys)
Beaufort County, South Carolina (Hilton Head Island)
Bartow County, Georgia (Lake Allatoona)
Hall, Forsyth, Dawson, Gwinnett, and Lumpkin Counties Georgia (Lake Sidney Lanier)
Lake Powell, Utah and Colorado
Lake Mead, Nevada and Arizona
Lake Havasu, Arizona
Maricopa and Yavapai Counties, Arizona (Lake Pleasant)
ARTICLE IV
The corporation will be a non -stock not -for -profit corporation.
ARTICLE V
The manner and method of election or appointment of directors shall be stated in the by-
laws of the corporation.
(((H09o00:49223 3)))
(((H090002492.23 3)))
ARTICLE VI
The address of its principal office is 800 Jupiter Street, Destin, Florida 32541.
ARTICLE V1I
The address of its initial Registered Office is 30 South Shore Drive, Miramar Beach,
Florida 32550, and the name of its initial Registered Agent at said address is James C. Barth.
I hereby accept the appointment as Registered Agent and am familiar with the duties and
responsibilities as Registered Agent of said corporation.
ZEVIII
. Barth
AR
The number of directors constituting its initial Board of Directors is four, whose names
and addresses are:
Elaine Tucker
28 Old Ferry Road
Shalimar, FL 32579
David Stephens
309 Season Road
Sterrett, AL 35147
Michael Woodham.
235 Matties Way
Destin, FL 32541-3441
David Paul Horan
Horan, Wallace & Higgins, LLP
608 Whitehead Street
Key West, FL 33040-6549
ARTICLE IX
The name and address of the incorporator is:
Dan Martin
114 Palmetto Street, Suite 7
Destin, FL 32541
(((H09000249223 3)))
(((Ho9000249223 3)))
ARTICLE X
No part of the net earnings of the corporation shall inure to the benefit of, or be distributed
to its members, trustees, directors, officers or other private process, except that the corporation
shall be authorized and empowered to pay reasonable compensation for services rendered and to
make payments and distributions in furtherance of section 501(c)(3) purposes. No substantial part
of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting
to influence legislation, and the corporation shall not participate in, or intervene in (including the
publishing or distribution of statements), any political campaign on behalf of or in opposition to
any candidate for public office.
Notwithstanding any other provision of these articles, the corporation shall not carry on
any other activities not permitted to be carried on (a) by a corporation exempt from federal income
tax under section 501(c)(3) of the Internal Revenue Code (or corresponding section of any future
federal tax code) or (b) by a corporation, contributions to which are deductible under section
170(c)(2) of. the Internal Revenue Code (or corresponding section of any future federal tax code).
ARTICLE XI
Upon dissolution of this corporation, assets shall be distributed for one or more exempt
purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding
section of any future federal tax code, or shall be distributed to the federal government or to a state
or local government for a public purpose.
The undersigned incorporator has executed these Articles of Incorporation this day
of NoV. , 2009.
Incorporator
(((H49000249223 3)))
(((H09000249223 3)))
CERTIFICATE DESIGNATING PLACE OF BUSINESS OR DOMICILE
FOR THE SERVICE OF PROCESS WITHIN THIS STATE
NAMING AGENT UPON WHOM PROCESS MAY BE SERVED
Pursuant to Chapter 48.901, Florida Statutes, the following is submitted, in compliance
with said Act:
FIRST, that NATIONAL MARINE WASTE FOUNDATION, INC. desiring to organize
under the laws of the State of Florida, with its principal office as indicated in the Articles of
Organization at Sim Jupiter Street, Destin, Florida 32541, has named James C. Barth, located at
30 South Shore Drive, Miramar Beach, Walton County, Florida 32550, as its agent to accept serve
of process within the State.
ACKNOWLEDGMENT:
Having been named to accept service of process for the above -stated company, at the place
designated in this Certificate, I hereby accept the Act in this capacity, and agree to comply with
the provision of said Act relative to keeping open said office.
e
i es C. Barth
Resident Agent
(((H09000249223 3)))
m
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