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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 # W C 7 U al O C O u c LL 3 z c r`o M U H UO O E co m n �^n C aLn FO N 0 cn Ln U ° di 14 a` V► 00 LF 0 0 0 0 0 0 0 0 0 Ln Ln o 0 0 o o o Ln Ln O O O O O O O O O N Il� O O O O O O n n 7i 0 0 0 Ln 0 o 0 0 Ln w 00 In N 0 0 0 N 00 O 46 w 0 o F% O O O O rn r% to m M -1 O O 4 Ln O 01 O O In IR' O V1 O � V1 00 �' O Ln N O n 00 %D F- N 4 Ln m O N M w r% Ln .-1 r% LK r- rl Ile n -1 01 N n In WN 00 N V1 r CN N 't0.1 -4-4 . -1 rn o 0 0 0 0 m O o 0 0 0 0 o m Ln co 0 0 0 0 0 N "i O O C 0 0 0 0 M N 0 %6 C O l0 1-1 O In O O O w N �' 00 O co O N N In O M O M O I In V1 a o 0 0 0 0 0 o a m o 0 0 0 0 0 o m Ln o 0 0 0 0 m o O O O o O o M N O l0 t0 O O N �..� .-I o In O O O %D N--t 00 00 O I� a O N N In O M O M O O In l0 m N w �' M coop N � Ln Hn .m-1 v o 0 0 0 0 0 o a H v o 0 0 0 0 m o 0 0 0 0 0 o m Ln o0 0 0 0 0 0 p M C 0 0 0 C O O m fV O t0 l0 O O N H S O N N V1 O M O M 00 O 00 O O In n l0 N t0 m co-1 rn n N I cn c0 Ln v o 0 0 0 0 0 o v H a O O o 0 0 m 0 0 0 0 0 0 o m Ln ao 0 0 0 0 0 M O O O O O O O M N O l0 t0 O O N m •-I O In O O O w N d' 00 00 O N O N N In O M O M O O In l0 N l0 M coop r%N � m Lna 'm-1 M O O O O O O O M O M O O O O O M O O O O O o O M In 00 O O O O O M O o 0 0 0 0 o M N t0 l0 O O N 00 •-I O Ln O O O l0 N 00 00 0 r% ,It O N N V1 O M O M O O In t0 N t0 r M Do .mi Ln M O O O O O O O M O M O O O O O M O O O O O O O M V1 00 O O O O O M O O O O O O O M N O l0 t0 C O N •i O In O O O w N I�t 00 00 O 1� a o N N In O M O M O O In w N t0 M ce n N Lff�n It 'm-1 M O O O O O O O M O M O O O O O M O O O O O O O M In ao O O O O O M O O O O O O O M N 0 W l0 O O N w r-I O Ln O O O W N a 00 00 O n O N N In O M O M O O In t0 N t0 - fy co rn d n N 'm-1 •Mi` m O O o O O o O M O M O O O O O m 0 0 0 0 0 0 0 fn Ln ao O O O O O M O 6�n 0 0 0 0 0 m N 0 t0 %D 0 O N Q O N N Ln 0 M O M O O L t^O N L ff ce � 0 N N �' m .Mi .m-1� m O o 0 0 0 0 o m o m o 0 0 0 0 m o 0 0 0 0 0 o m Ln ao 0 0 0 0 0 0 0 0 r, v H o Ln0 0 0 0 CNi a c coo coo O N N V1 O M O M O O O In %D 01 N l0 � rn 00� rn Oa n N 00 'M-1 m y M O O O O O O O M O M O O O O O M O O O O O O O M V1 DD O. 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LU O F z Q U. M r-I LI 1 N O,% Z O U W O w Z O Z N a 0 m O W 9 W y i •� ca '� Q W c F- �0-u H 2 Q Y N c� e Y Y� N E N O c� G R Apo- Y ' I� LS. 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. 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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 ;o 3 3 < a, W T o O rrDD 3 3 Q c O O mrD ' coa) rn X 0 W T T 77 m _0 m rD 3 fD fD p rD a TI ' n N m � rD m < 3 m O w r 7 O O C a � a rt v M 22 V► t/� V1 n N 00 O O O N O O O O O OOl O I 1 O O O r'1 C rD rD O O (7 O v O C O � O 3 G V)- T V N Xb N OD O W O W A W O 00 l000 N A N F� F+ O -,I lD O O � O O N O 101 O O O r) O p' -0 'O C F+ O O '^ rD w O O K W V C) F+ try W V)- W to W IN Z lD _ A A T7 V1 V O A O l0 : N N tD kO O O (.0O C < O O N N O O N T O O = O O O O -0 ' O O 0 �. O 3 '+ t/)- 0 4 A N w O w A w O N Z �D N 01 = A N W V/- O O O lD C� O C O O O 0 N -n 00 3 O W