Item J2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 12, 2012 Division: Growth Management
Bulk Item: Yes X No Department: Planning_& Env. Resources ,
Staff Contact Person/Phone: Richard Jones1289-2805
AGENDA ITEM WORDING:
Approval of substitution of Pumpout USA, Inc. for National Marine Waste Foundation, Inc. as the
provider of services in the Agreement for Keys -Wide Mobile Vessel Pumpout Service, approval of the
Agreement with Pumpout USA, Inc. for Keys -Wide Mobile Vessel Pumpout Service, and approval that
there be no new R.FP issued at this time.
ITEM BACKGROUND:
At the January 2011 BDCC meeting, the Board heard a presentation by David Paul Horan, representing the
National Marine Waste Foundation (NMWF), who described the NMWF's willingness to provide free pumpout
service to boaters throughout the Keys, with financial support from the County and the Florida Department of
Environmental Protection Clean Vessel Act Program (CVA). The Board directed staff to develop a Request for
Proposals (RFP) for a Keys -Wide Mobile Vessel Pumpout Service. At the July 2011 BDCC meeting the Board
gave approval to advertise the completed RFP. At the October 19, 2011 BDCC meeting the Board approved the
selection of NMWF and gave direction to negotiate an Agreement. The County knew at that time that Pumpout
USA would be sub -contracting for the provision of services. At the June 20, 2012 BDCC meeting the Board
discussed the anticipated budget and description of services provided by NMWF, and approved the estimated
annual cost to the County of $329,600.75. Since that time the NMWF has continued to refine its budget and
has determined that the cost of the required insurance could be significantly reduced by having Pumpout USA
be the named vendor/contractor on the Agreement, thus eliminating NMWF from the Agreement with the
County. The NMWF has indicated (see attached letter) its willingness to give up the contract and have
Pumpout USA as the vendor/contractor for the Agreement. Additionally, staff has determined that the
administration of the Agreement (invoicing, documentation review, etc) would be greatly simplified by having
the actual provider of services dealing directly with the County, thus eliminating the contractor/subcontractor
situation. The RFP Response, previously approved by the BDCC, explicitly describes Pumpout USA as the
vendor performing the actual services and staffing, and includes references and various documentation specific
to Pumpout USA. The County Attorney's Office has reviewed the RFP Response, recognizes that the Response
indicates that Pumpout USA will be the actual provider of the service, and recommends substituting Pumpout
USA for NMWF in the contract. In the interest of time, cost, efficiency and anticipated responses, Staff and the
County Attorney's Office do not recommend going out for another RFP. Staff has checked the references and
all required documentation for Pumpout USA (all references in the original Response were for Pumpout USA).
The attached Agreement reflects Pumpout USA as the contractor providing the pumpout services, and provides
for six pumpout vessels to service recreational vessels in the unincorporated areas of the Keys including the
`managed anchoring zones' established by the Pilot Program anchoring ordinance. The Agreement is
contingent upon grant funding from the CVA to Pumpout USA, which is necessary to offset the total annual
operational costs. The Agreement provides for an annual cost to the County of $340,200.85 in the first year and
$329,223.3 5 in the second year (see attached BIF budget table), includes provisions for coordination between
the County and CVA, quarterly invoicing periods, and an advance first quarter payment (first year) of
$98,267.11 to provide for start-up costs. Payment to Pumpout USA is based on a `per unit' (i.e. per pumpout)
cost. The pumpout service is anticipated to begin January 1, 2013. It should be noted that after this contract is
approved State BIF can afford approximately $200,000 per year for derelict vessel removals and $40,000 for
the channel marker program;ounty BIF can support the unincorporated Ke�widepumpout program and
gpproximately $100,000 to be shared amongst the incorporated cities through the Municipalily BIF Funding
Request Pro__ am:
PREVIOUS RELEVANT BOCC ACTION:
January 2011- direction to develop an RFP to outsource and expand the existing pumpout program
July 2011- approval to advertise the completed RFP for mobile pumpout service
October 2011- selection of NMWF for Keys -wide mobile pumpout service and direction to negotiate contract
June 2012- discussion and approval of NMWF's anticipated budget and description of services
CONTRACT/AGREEMENT CHANGES:
NIA
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $669,424.20 INDIRECT COST: BUDGETED: Yes x No
DIFFERENTIAL OF LOCAL PREFERENCE: nla
COST TO COUNTY: $669,424.20 SOURCE OF FUNDS: BIF Fund 157
REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH Year
APPROVED BY: County Atty X ;�OMB/Purc asing X Risk Managemlmtkx
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM ##
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pumpout USA, Inc.
Contract #
Effective Date:
12/12/2012
Expiration Date:
1/1/2015
Contract Purpose/Description:
Approval of Agreement between Monroe County Coln and Pum out USA, Inc. for
Keys -Wide Mobile Vessel Pum out Service
Contract Manager: Richard Jones
2805
Growth Management/11
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 12/12/2012
Agenda Deadline: 11/27/2012
CONTRACT COSTS
Total Dollar Value of Contract: $ 669,424.20
Budgeted? YesN No El Account Codes:
Grant: $
County Match: $
Current Year Portion: $ $3403200.85
157-62613-530340- -
ADDITIONAL COSTS
Estimated ongoing Costs: $ lyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed evw
Division Director 11%�-�, YesD No[�
Risk Manage nt ��4� Yes Nom (01,
O.M.B./P ing i1el; �esF No[?�
��
Y
Count Attorney '� Yes No[:]
Comments:
OMB Form Revised 2/27/01 MCP #2
November 20, 2012
AGREEMENT
for
KEYS --WIDE MOBILE VESSEL PUMPOUT SERVICE
between
MONROE COUNTY AND NATIONAL MARINE WASTE FOUNDATION, INC.
THIS AGREEMENT (Agreement) is entered into this day of , 2012) by
and between the Board of County Commissioners of Monroe County, Florida, a political subdivision
of the State of Florida ("County" or "Board"), and Pumpout USA, Inc., a for profit corporation of the
State of Florida ("Contractor").
WHEREAS, the County has certain objectives as directed and established by the Board of County
Commissioners, and which are consistent with, and supportive of, the federal No Discharge Zone
established by the Environmental Protection Agency and discharge regulations established by the
Florida Keys National Marine Sanctuary; and
WHEREAS, the County has created anchoring regulations, in coordination with the Florida Fish and
Wildlife Conservation Commission (FWC) Pilot Program, which include requiring vessel owners in
managed anchoring zones to provide proof of sewage pumpout; and
WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the
County that a contract for vessel pumpout services be entered into with a private provider of such
services; and
WHEREAS, Contractor desires to provide such services; and
WHEREAS, the Contractor has applied for a Clean Vessel Act (CVA) Program grant through the
Florida Department of Environmental Protection (DEP) and needs a portion of the funds from this
Agreement as matching funds for the CVA grant; and
WHEREAS, DEP, Contractor and County are coordinating activities to be performed by Contractor
to assist with funding and invoicing and are anticipating a CVA grant agreement start date of January
15 2013 which will commence the billable quarters;
NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as
follows:
I. SCOPE OF SERVICES:
Contractor shall be the exclusive provider of marine pumpout services for County in the
unincorporated areas of the Florida Keys and shall also coordinate with County and FWC on sewage
pumpout compliance within the managed anchoring zones established by the County. A detailed
Scope of Services is attached as Exhibit A.
II. EFFECTIVE DATE AND TERM
This Agreement shall be effective on the date above. However, the term of the Agreement shall be for
two years from the effective date of the term of the CVA grant agreement between Contractor and
DEP. It is anticipated that this date will be January 1, 2013. In the event the conditions of the CVA
grant are not completed and the grant awarded, County has no obligation to pay the first quarterly
November 20, 20I2
payment until such completion, and will make the first payment if all conditions are completed by
February 1, 2013 for the first quarter of the calendar year. County and Contractor may amend this date
if necessary by separate amendment approved by the Board of County commissioners. In the event
the grant agreement with DEP is not executed this Agreement is void. No work shall commence under
this Agreement until execution of the CVA grant agreement. The Agreement is subject to continuous
funding by DEP of the CVA grant. If the CVA grant is cancelled or becomes unfunded this Agreement
is also cancelled, unless the parties amend it in the same manner as it was originally approved. The
term of this agreement shall be renewable in accordance with Section V.
III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS.
Contractor shall not charge customers of the pumpout service for its services.
The County, in consideration of the Contractor satisfactorily performing and carrying out the
objectives of the County as to providing mobile pumpout service, shall pay to the Contractor up to the
sum of Three Hundred Forty Thousand Two Hundred and 85/100 DOLLARS ($340,200.85) in the first
year and Three Hundred Twenty -Nine Thousand Two Hundred Twenty Three and 12/100 DOLLARS
($329,223.35) in the second year. County is not responsible for any payment or funding of this
Agreement unless the CVA grant between DEP and Contractor is executed and funded.
If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the Board by written notice of termination delivered to the Contractor.
The Board shall not be obligated to pay for any services or goods provided by the Contractor after the
Contractor has received written notice of termination. Payment under this Agreement is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
IV. PAYMENT:
Payment will be made based on a unit price of $21.81 (Twenty-one and 81/100 Dollars) per pumpout
(based on an estimated 1300 pumpouts per month) on a quarterly basis using the same schedule and
quarterly dates used by DEP as follows. -
(a) To provide for start-up expenses, the first payment (of the first year) will be made at the
beginning of the first quarter in advance in the amount of $98,267.11. At the end of the first
quarter, Contractor shall provide a report with documentation of service provided including 1)
signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts
performed and volume of sewage pumped out (by service area) and a quarterly pumpout log
summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to
DEP for the same quarter, and 3) description of additional services or activities provided (as
described in the Scope of Services). In the event the reported number of pumpouts and the
associated cost for the number of the pumpouts performed is less than what was provided for in
the pre -paid quarterly amount, the overage advanced for that quarterly amount,will roll over into
the next quarter as a credit to the County's next payment.
(b) The second and following quarterly payments of the first year, in the amount of $80,644.58, will
be made after services are rendered for that quarter and invoiced. Contractor shall provide an
invoice acceptable to the Clerk, along with documentation of service provided including 1)
signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts
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November 20, 2012
performed and volume of sewage pumped out (by service area) and a quarterly pumpout log
summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to
DEP for the same quarter, 3) description of additional services or activities provided (as
described in the Scope of Services). If the available funds for the second quarter are more than
County owes Contractor, excess funds shall rollover into the third quarter, and similarly from the
third to the fourth quarter. In no event shall payment exceed the annual amount stated above.
(c) Quarterly payments for the second year will all be reimbursement based. The
payment of the second year will be in the
quarterly payments of the second year will
requirements indicated in sections (a) and
exceed the annual amount stated above.
amount of $87,289.61. The second
be in the amount of $80,644.58 and
(b) above shall apply. In no event
first quarterly
and following
the invoicing
shall payment
(d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as
described under the Scope of Work attached. If the cost to the County for the number of
pumpouts performed in a quarter exceeds the funds available for that quarter the contractor is still
obligated to perform the excess pumpouts at no extra charge to the County.
(e) Travel and lodging are specifically excluded from payment or reimbursement.
(f) In the event the amount owed by the County to Contractor is less than the amount available in
any particular quarter the remaining funds shall be rolled over to the next quarter and will be
available for payment in the next quarter. Unspent funds cannot be rolled over from one contract
year to the next. Unspent funds shall belong to the County at the end of the contract term.
(g) Contractor's final invoice must be received within sixty (60) days after the termination or
expiration of this contract.
Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk of the
Board examines and approves the request for payment, the County shall reimburse the Contractor. The
total of said reimbursement in the aggregate sum shall not exceed the annual total amount shown in
Paragraph III.
Annually, the Contractor must furnish to the County the following (prior to the payment of any
invoices, items (a) through (h) must be provided):
a. List of the Contractor's Board of Directors. For each board member please indicate when
elected to serve and the length of term of service; if Contractor is a sole proprietorship give name
of owner(s) and length of ownership;
b. If corporation, evidence of annual election of officers and directors;
c. Organization's Policies and Procedures Manual which must include hiring policies for all staff,
drug and alcohol free workplace provisions, and equal employment opportunity provisions;
d. Cooperation with County monitoring visits that the County may request during the contract
year; and
e. other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
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November 20, 2012
V. RENEWAL:
The County shall have the option to renew this agreement after the original term, for two additional
two-year periods.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate
pumpout vessels and associated equipment and infrastructure. It is the Contractor's responsibility to
maintain all permits and licenses that may be required.
By signature hereon, the Contractor 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 contract
documents. Proof of such licenses and approvals shall be submitted to the County upon request. The
Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities in
a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be
independent contractors in their performance of the work contemplated hereunder. As such, the
Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of
County employees. The provider shall at all times exercise independent, professional judgment and
shall assume professional responsibility for the services to be provided.
VIII. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following standards, as a minimum requirement:
A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully qualified,
and, if required, to be authorized or permitted under State and local law to perform such
services.
IX. UTILITIES:
The Contractor shall be responsible for payment of any utility charges associated with the mobile
pumpout service. All utility accounts will be held in the Contractor's name.
X. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require,
including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace
Statement.
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November 20, 2012
XI. INDEMNIFICATION REQUIREMENTS:
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
CONTRACTOR 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
CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its
employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR' 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 CONTRACTOR). 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 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 Contractor is for the indemnification provided
for above.
XII. DONATIONS AND GRANTS:
The Contractor shall issue receipts, keep appropriate records, and account separately for all donations
and grants received by Contractor for the benefit of the pumpout service in Monroe County. Such
donations or grants may be applied only to the operational mission within Monroe County unless there
is documentation that the donor wanted the donation to be used for any purpose, whether in or out of
the County boundaries. Susan
In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must
make its financial records pertaining to the donated funds available to representatives of the Contractor
and the County during regular business hours (Monday through Friday, 9.-00 a.m. to 5:00 p.m.,
excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact
donated to the Contractor for the benefit of the Keys -Wide Mobile Vessel Pumpout Service in Monroe
County. If a prospective donating entity is unwilling or unable to comply with the foregoing
requirement, then the Contractor may not accept any donations from that entity.
XIII. FACILITIES AND EQUIPMENT:
The Contractor hereby accepts the use of any County facilities (e.g. dockage), equipment or
infrastructure that may be provided for use in conjunction with the Keys -Wide Mobile Vessel Pumpout
Service in "as is" condition, and the Contractor shall allow the County to inspect said facilities and
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November 20, 2012
equipment at any reasonable time. In addition, all operating supplies and any additional equipment
such shall be the responsibility of the Contractor.
XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by
the County and has made investigations to fully satisfy himself that such facilities and/or equipment
are suitable for this work and he assumes full responsibility therefor. The provisions of the Contract
shall control any inconsistent provisions contained in the specifications. All specifications have been
read and carefully considered by the Contractor, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this
Contract be more strongly construed against the County than against the Contractor.
XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and
equipment conveyed to, or provided for the use of, the Contractor. The Contractor shall maintain
County dockage, or other facilities, and all equipment in a clean, safe and sanitary manner.
XVI. NON-DISCRIMINATION:
County and Contractor agree that there will be no discrimination against any person, and it is expressly
understood that upon a determination by a court of competent jurisdiction that discrimination has
occurred, this Agreement automatically terminates without any further action on the part of any party,
effective the date of the court order. County or Contractor agree to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of
1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on
the basis of disability; 1 0) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the
bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement.
XVII. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
Contractor shall keep and maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable and
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November 201, 2012
timely access to such records of each other party to this Agreement for public records purposes during
the term of the Agreement and for five (5) years following the termination of this Agreement. If an
auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to
this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay
the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the
monies were paid to Contractor.
In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by
an independent Certified Public Accountant; said audit shall conform to generally accepted auditing
standards and shall be submitted to the County within one hundred twenty (120) days following the
close of the Contractor's fiscal year.
The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels
at any reasonable time.
XVIII. PUBLIC RECORDS:
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XIX. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the County of any defect in the services furnished by the
Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this
Contract, and specifications covering the services. Any Contractor breach of this agreement shall be
governed by the article below on termination for cause.
The Contractor agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the Contractor periodically to inspect Contractor's maintenance of
vessels and equipment. The Contractor agrees that the County Administrator may designate
representatives to visit the facilities or offices periodically to conduct random open file evaluations
during the Contractor's normal business hours.
XX. TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with written
notice of termination at least thirty (30) days prior to the date of termination. Compensation shall be
paid to Contractor through the end of provision of services or for the thirty (30) days, whichever is
shorter.
XXI . TERMINATION WITH CAUSE:
The County may terminate this agreement for cause if the Contractor shall default in the performance
of any of its obligations under this agreement. Default shall include the occurrence of any one of the
following events and same is not corrected to the satisfaction of the County within fifteen (15) days
after the County provides the Contractor with written notice of said default:
a. Failure to provide pumpout services to liveaboards as described in this contract.
b. Failure to comply with local, state, or federal rules or regulations pertaining to the operation
of pumpout vessels or the handling and/or treatment of vessel waste.
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November 20, 2012
c. Breach of any other term, condition or requirement of this agreement.
XXII. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement, except in writing
and with the prior written approval of the Board of County Commissioners of Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose any
additional obligation upon the board.
XXIII. COMPLIANCE WITH LAW:
In providing all services pursuant to this agreement, the Contractor shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including
those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and
regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate
this contract immediately upon delivery of written notice of termination to the contractor. The
contractor shall possess proper licenses to perform work in accordance with these specifications
throughout the term of this contract.
XXIV. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS:
A. The Contractor represents that it, its directors, principles 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 contract, as provided in Sect
112.311, et. seq., Florida Statutes.
B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all contracts with Monroe
County.
C. COUNTY agrees that officers and employees of the COUNTY 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.
XXV. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this contract.
November 20, 2012
XXVI. NOTICE REQUIREMENT:
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 COUNTY:
Monroe County Administrator and Growth Management Director and County Attorney
1100 Simonton Street 2798 Overseas Hwy. 1111 12" St., Suite 408
Key West, FL 3 3 040 Marathon, FL 33050 Key West, FL 33041
FOR CONTRACTOR:
Donnie Brown, Pumpout USA
1150 Highway 83 North
DeFuniak Springs, .Florida 32433
XXVII. TAKES:
The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used
to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax
Exemption Number in securing such materials. The Contractor shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
XXVIII. 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 contracts 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 Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida. 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. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to
arbitration.
XXIX. PUBLIC ENTITY CRIME 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 response on a contract to provide goods or services to a public
entity, may not submit a bid on a contract with a public entity for 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 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 from the
date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00).
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November 20, 2012
XXX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and
warrants that:
(a) The Contractor's name in this agreement is its full name.
(b) He or she is empowered to act and contract for Contractor.
XXXI. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (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
Agreement 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 Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
XXXII. ATTORNEY' S FEES AND COSTS
The COUNTY and CONTRACTOR 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
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket \expenses, as an award against the non -prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
XXXIII. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and
assigns.
XXXIV. 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.
XXXV. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR
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 Agreement or provision of the services
under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
10
November 20, 2012
XXXVI. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company, corporation,
individual, or firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
XXXVII. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and
the CONTRACTOR in this Agreement and the acquisition of 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 contract entered into by
the COUNTY be required to contain any provision for waiver.
XXXVIII. NON -RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the
COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
XXXIX. 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 COUNTY in his or her individual capacity, and no member,
officer, agent or employee of COUNTY shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
XL. EXECUTION IN COUNTERPARTS
This Agreement 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 Agreement by signing any such counterpart.
II
November 20, 2012
XLI. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
XLII. INSURANCE POLICIES
Contractor shall furnish proof of insurance prior to execution of this Agreement by the County.
Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage
shall be considered a valid reason for County to terminate this Agreement.
Coverage shall be provided by a company or companies authorized to transact business in the state of
Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self -
insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR
may be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the CONTRACTOR may be required to submit updated financial statements from the fund
upon request from the County.
a) General Insurance Requirements for Other CONTRACTORS and Subcontractors:
As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense,
insurance as specified in any attached schedules, which are made part of this contract. The
CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached
schedules. CONTRACTOR shall ensure that any and all sub -contractors maintain the same types and
amounts of insurance required of CONTRACTOR. The COUNTY shall be named as an additional
insured on all subcontractors' liability policies. Upon request of COUNTY, CONTRACTOR shall
provide such evidence of insurance required of the subcontractor.
The CONTRACTOR will not be permitted to commence work governed by this contract (including
pre -staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide
proof of insurance for all approved subcontractors.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract
and any extensions specified in the attached schedules. Failure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to
maintain the required insurance shall not extend deadlines specified in this contract and any penalties
and failure to perform assessments shall be imposed as if the work had not been suspended, except for
the CONTRACTOR'S failure to maintain the required insurance.
12
November 20, 2012
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
■ Certificate of Insurance
I0i
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance policies
required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal, material
change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the
County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving
the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation.
b) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the
following insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minimum:
Insurance Requirement Re uired Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this contract involves Maritime Operations (not to be associated with
Longshoremen's Insurance) ,the Contractor's Workers' Compensation Insurance Policy shall include coverage
for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity
Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers'
Compensation policy.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
13
November 20, 2012
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability $1 Million per Occurrence
Recognizing that the work governed by this contract involves the storage, treatment, processing, or
transporting of potentially polluting material, the Contractor shall purchase and maintain, throughout
the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property
damage, and environmental damage caused by a discharge of wastes which are governed by this
contract. The policy must specifically identify this contract and specify that coverage will extend to all
losses, claiming pollution or environmental impairment, arising out of the services governed by this
contract.
The minimum limits of liability shall be.-
$1 Million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
Monroe County and its Board of County Commissioners shall be named as an Additional Insured.
Watercraft Liability $1 Million 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 less 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
• Contractual 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 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
Monroe County and its Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
14
November 20, 2012
XLIII. ENTIRE AGREEMEWT
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in writing and
be executed in the same manner as this agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
written above in four (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original contract.
(SEAL)
Attest: AMY HEAVILIN, CLERK
By:
Print name:
By:
Print name:
STATE OF
COUNTY OF
Deputy Clerk
WITNESS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Mayor/Chairman
ONROE COUNTY ATTORNEY
PROV AS TO FORM.
Aef
SUS M. GRIMSLEY
ASS;STA coU�t ATTOR
" u ...._
wo
PUMPOUT USA, INC.
Print name and title:
On this day of 201, before me the person whose name is subscribed above,
and who produced as identification, acknowledged that he/she is the person who
executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires:
15
Seal
November 13, 2012
LOBBYING AND CONFLICT OF INTE1tEST CLAUSE
ETHICS CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
v S'
—J& oe /
(corfipany
"...warrants that he/it 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. 01 0-'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 p i to the former County officer or
employee."
(SignaTyr'ej
Dat/
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on 1/ -- dLG ad (date) by
U (name of affiant). He/She is personally known to
me or has produced �JLL&t;:L-&A, C:3f, - Q/he/( (type of identification)
as identification.
My Commission Expires: r
P PEGGY A. THREADGILL
NOW PUD11c • staple v! Florida
My Gomm Expires Apt 2 ?014
pj c.
fir
low
iMe
pi� 0�od
,/0
November 13, 2012 � D 0 1 J 1
NON -COLLUSION AFFIDAVIT
I, of the city of � according to law on my
oath, and under penalty of perjury, depose and say that
a. l of the firm of
the bidder making the
Proposal for the project ascribed in the Request for Proposals for
�041AO &,&. e2--aw and that I executed the said
proposal with full authority 66 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.
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on _. 11�_� _�, o l �.., (date) by
�D InCi � C1 � �0 0 V1 _� (name of affiant). .He/She is personally known to
me or has produced c � ILA �_C.�n�� (type of identification)
as identification.
��i''`Yp'';�•,��
Z '• i
PEGGY A. THREADGILL
Nolafy public • State v0 Florida
aMy t
Comm, Explies Apr a
d�
Commission # Did 97490k,
NOq 1h,
TARY PUBLIC
My Commission Expires: . �JL
17
November 13, 2012
DRUG -FREE WORKPLACE FORM
Th undersigned vendor in ccordance 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 polo contenderre to, any violation of chapter 393 (Florida Statutes) or of any controlled
substance law of the United Mates 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, I rti th his fir complies fully with the above
requirements. a f
STATE OF:
COUNTY OF:
(S f6n aiffr-e)
Date:AAOJI
i
�//ILTa
Subscribed and sworn to (or armed) before me on /1 - a 6-- 0 / ) � (date) by
Do Y1 ct j c( B--i( 6 cA.) V, (name of affiant). He/She is personally known to
me or has produced LQ_h�L,4v_ ,��;�-� _ _ -,�i AS� (type of identification
' as ' i tion.-
+,••y'►}►r pU'{'+�. PEGGY A. TH READGiLL
Notary Public -state of Florida �OTARY PUBLIC
My Comot Expires Apt 2. 2014
� Commission # DO 4 Qqp�
- -1 My Commission Expires: 1 9
18
November 13, 2012
PUBLIC ENTITY CRIME 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 �Dd/q/�h G: ,dfpejV.i/(Respondent's name) nor
any Affiliate has been placed on the convicted vendor list withinjh0714st 36 months.
(Si nat�"
Date. ��2i�
STATE OF: � U
COUNTY OF: Ye&e-l&T6A)
Subscribed and sworn to (or affirmed) before me on ";Lj (date) by
Q....��6 (t) 1'1 .� (name of affiant). He/She is personally known to
ti •
me or has produced �? _ _ , �"+-t�-�L� ��— (type of identification)
as identification.
NOTARY PUBLIC
My Commission Expires: _041z,
.0j%!V Plot,? r PEGGY A. THREADDILL
ON
bf �Ir
Ndt&rY Public • Stalle 01 Florida
My Comm Expires AP �014
iA
November 13, 2012 I
Respondent's Insurance and Indemnification Statement
Insurance Re uirement &eaimired LI*M Lts
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers
Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (0
l..l.S.C.A. subsection 68$) with limits not less than $1 Million.
The Contractor shall be permitted to provide Jones Act Coveragq through a separate Protection and Indemnity
Policy, in so far as the coverage provided is no less restrictive than would have been provided by a workers
Compensation policy.
General Liability $3 00,000 Combined Single Unit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per poison
$3 00,000 per occurrence
$200,000 property damnage
Vehicle Liability $300'00.0 Combined Single tirnit
If split limits are provided, the xninirnum limits acceptable shall be
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability $1 billion per Occurrence
Recognizing .that the work governed by this contract involves the storage, treatment, processing, or
transporting of potentially polluting 'Material, the Contractor shall purchase and maintain, throughout
the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property
damage, and environmental damage caused by a discharge of wastes which are governed by this
contract. The policy must specifically identify this contract and specify that coverage will extend to all
losses, claiming pollution or environmental impairment, arising out of the services governed by this
contract.
The minimum limits of liability shall be:
$1 Million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
The Monroe County Board of County Commissioners shall be named as an Additional Insured.
WC
November 13, 2012
Watercraft Liability $1 Million 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 less restrictive than those found in the standard "American Institute
Hull Clauses" (June 2, 1977 edition). Coverage sliall be maintained throughout the life of the contract
and include, as a inim iium:
• Injury (including death) to any Person
• Damage to Fixed or Movable Objects
• Costs Associated with the Removal of wrecked Vessels
• Contractual 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:
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
The Monroe County Board of County Commissioners shad be earned as Additional Insured on all
policies issued to satisfy the above requirements,
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
Notwithstanding any minimurn insurance requirements pfescdbed elsewhere its. this agreement, the Respondent
covenants and agrees that he shall defend, indemnify and-lVici. the COUNTY -and the COUNTY's elected and
appointed officers and employees harmless from and against,(i)'any:claims, actions or causes of action, (ii) any
litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death), lass, damage, fine, penalty or businessinterruption, and (iii) any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any Indemnified party by reason of, or in
connection with, (A) any activity of Respondent or any of its employees, agents, contractors in any tier or other
invitees during the term of this. Agreement, (S) the negligence or willful misconduct of Respondent or any of its
employees, agents, respondents In any tier or other Invitees, or (C) Respondent's default in respect of any of the
obligations that it undertakes under- the term$-Of:this_Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs. or expenses"�se from the intentional or sole negligent acts or negligent
acts in part or omissions .-qf ..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
21
November 13, 2012
understand the insurance that will be
requirements.
,.� is
espondent
mandato if ayiarded the contract and will
comply in full with all the
ate
ACORN, CERTIFICATE OF LIABILITY INSURANCE DATE{MI4uDar~r"
10/ZS/2012
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENDo EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder IH an ADDITIONAL INS R-E , the poiicy(les) must he endorsed.- It SUBROGATION IS WAIVED, subject to
the ferns and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not conn
t confer rl
certificate holder In lieu of such endorsement(s). g is to the
PRODUceR et to Whiting
Acentria Inc. PHONE
0 ; 1850--585,8247 • $Sp..
4634 Cul fstarr DriveIA�c No . �5a-�2$8
Destin, FL 32541 ADDRESS: Vi =whitingftcentria. Cam
IHSUF1ER(S)Ar~FORDIND COVERAGO NAIC A
tNSBRER A : U.S. Fire Insurance Company
IKsuI�EED PumpOttt U . S . A: , Inc.
1150 HWY 83 N INSURER B ;
QeFuniaft Springs, FL 32433 INSURER c :INsuRERo:
INSURER E
INSURER IFCOVERAGES CERTIFICATE NUMBER: Hull & P&I REVISION NUMBER:
THIS IS TO GER IFY THAT THE POLICIES OF INSU CE LISTED BELOWHAVE BEEN I85IJED TO THE I RED AIDED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION-6F ANY cdNTRACT OR OTHER -DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY B�- ISSUED -OR MAY PERTAIN, THE II SURANCE-AFFORDED BY THE POLICIES D>=SCRIBED HEREIN IS SUBJECT TO AIL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ,
.TR TYPE OF INSURANCE •,"" ""p
CNSR
� -
POLICY NWA13tR I41MOD MIWQD 'UtAr m
GENERAL uAt3IUTY -
QUOTE ONLY! ! 06108120/2 0610812013 EACH OCCURRENCE
X COMMERCIAL GENERAL LIABILITY
s
::1
PREi14ISES Ea [xxranCe � $
oC
CEAIN�S�+IA[]E a OCCUR
A
IrtED EXP { a�
A�► I sore f s
x
PERSONAL S ADV INJURY $
GENERAL AGGREGATE $
GEITL AGGREGATE UMfrAPPLIES PER:
7X
PRODUCTS-COMPIOP AGG S
POLICY ,ECT LOc
EflUCTIBLE $2 , SOOP& s
AUTOMOBILE UASILITY
E8 ec�cideN $
ANYAUTO
ALL OWNED SCHEDULED
BODILY INJURY (Per pexeon) S
AUTOS AUTOS
BODILY INJURY (Per acddent) S
HIRED AUTOS AUTOS
Per aui enI $
$
UMBRELLA I.IAB OCCUREACH
"CEOs LIAR
OCCURRENCE $
CL�41M5-,�1ADE
AGGREGATE $
DEA RETENTION $
WORKERS COMPENSATION
$
AND EMPLOYERS' LIMLITY Y 1 H
ANY PROPRIET'ORIPARTNEIVExEC
IATU ER
TaRY
OFFICFRIMEMBER EXCLUDED? �7 N 1 A
E.L. EACH ACCIDENT $
(Mandatory In NH)
M desm'be under
s PTIOH OF OPERATIONS below
EL.OdSEASE - EA EMIPi.OYF 5
Vessel(Property Coverage
E.L DISEASE - PDLIGY LIMIT S
13000,00
1,000
1,000
A X #182141.QUOT 0610812012 0610812013 $3 tODO PUmP Out Vessel
EDUCTIBLE .= 2, 5OO VES and Station
DESCRIPTION OF OPERATIONS/ LOCATIONSI VF.MLE3 (Atuch ACORD 101, Additional Remarks $cb*"e;11 more spaCe Is r"Wred)
famed Storm Deductible of $S,000 on Hull and Machinery (Inland & Coastal waters of Florida not to
wceed 3 miles offshore.
ULKTIF[CATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NAM WILL BE DEWERED IN
ACCORDANCE MTH THE POLICY PROVISIONS.
The Monroe County Board of County Commissione
Its employees and officials AUTHORIZED REPRESENTATIV9
1.100 Simonton Street
Ike Test, FL 33040 Viol etta Whitin /V1 i 7
%CORD 26 (2010105)
a 1988-2014 AC-ORD CORPORATION. All rights reserved.
The ACORD name and Ingo are registered marks of ACORD
EXHIBIT A
Scope of Services
For
Mobile Vessel Pumpout Service
Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of
unincorporated Monroe County within the Florida Keys. The pumpout service is provided to
reduce or eliminate environmental impacts associated with the illegal discharge of sewage from
vessels, and further enable compliance with regulations of the federal No Discharge Zone and
vessel restricted areas (i.e. Managed Anchoring Zones) in Monroe County.
The following sections describe the Scope of work and Deliverables for the provision of mobile
vessel pumpout service.
Section A: Scope of Work
1. Mobile Vessel Pumpout Service
The Pumpout USA will provide mobile vessel pumpout service consisting of a minimum
of six marine pumpout vessels to service (i.e. pumpout) vessels located in the
unincorporated areas of Monroe County. Each of these six marine pumpout vessels will
work 8 hours per day, 5 business days per week in the areas designated on the attached
Mobile Pumpout Service Coverage Map (Attachment 1). Each pumpout vessel placed
into service will be capable of servicing up to twelve vessels per day and each will be
trailerable to locate to other service areas, as needed.
The pumpout service, provided at no charge to all recreational vessels in the
unincorporated waters of Monroe County within the Florida Keys (up to once per week),
will be provided to anchored -out vessels. Pumpout USA may also provide service to
vessels at marinas (with priority given to marinas without pumpout facilities), but only
after all anchored -out vessels are serviced. The first priority of each pumpout vessel (if
services are phased -in) will be servicing anchored vessels located in established Managed
Anchoring Zones, as identified in the attached County anchoring ordinance (Attachment
2). Pumpout USA will provide service to vessels anchored in Managed Anchoring
Zones, whether registered for pumpout service or otherwise, in accordance with the
frequency described in the County anchoring ordinance. Pumpout USA will also provide
as -needed pumpout service to vessels located outside of Managed Anchoring Zones,
whether registered for pumpout service or otherwise. If the County anchoring ordinance
establishing the Managed Anchoring Zones expires, Pumpout USA will provide service
throughout unincorporated Monroe County on an as -needed basis.
Vessel owners will be encouraged by County and Pumpout USA to register for routine
pumpout service (see Registration of Customers below), which will assist in streamlining
the service through the utilization of 'identification decals' indicating participation in the
pumpout program and orange flags to be flown when in need of a pumpout (decals and
flags to be provided by Pumpout USA).
Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations
located throughout the Keys, and when necessary hauled out by licensed haulers.
2. Staffing
Pumpout USA, at its own expense, will provide all personnel required to perform this
contract and all personnel engaged in performing services under this contract shall be
fully qualified, and, if required, to be authorized or permitted under State and local law to
perform such services. Pumpout USA personnel shall not be employees of or have any
contractual relationship with the County.
The Contractor will provide vessel operators and a Project Manager that has extensive
experience and training in the pumpout industry.
The Project Manager will maintain an office at Mote Marine Laboratories in Summerland
Ivey and his/her primary duties will include:
• Coordinating pump -out schedules
• Registering customers for service
• Obtaining registrants' contact information and location for pump -out service
• Contact point for FWC concerning "Proof of Pumpout" of vessels located in
Managed Anchoring Zones, and to assist in identifying derelict vessels and
vessels exhibiting pre -derelict conditions (as described in the County anchoring
ordinance).
The Pumpout Vessel Operators are employees of the contractor and duties are:
• Operate pumpout vessel on a weekly schedule within their designated service
areas.
• Maintain a supply of identification decals and orange pumpout flags.
• Maintain a written daily log identifying date, miles traveled, pumpouts performed,
gallons pumped from each vessel, and fuel purchased with receipt for reporting
and reimbursement purposes.
3. Registration of Customers
Registration forms for participation in the program will be made available online through
the Pumpout USA website. Additionally, registration forms will be made available at
various sporting -goods retailers, the Monroe County Marine Resources Office, various
marinas, and directly from pumpout vessel operators in the service areas. Registration to
participate in the program is free for recreational vessels. The participant submits his/her
registration information, which will be entered into the service schedule. Upon the first
visit by the pumpout vessel the pumpout vessel operator will affix the identification decay
to the bow of the vessel (adjacent to the state vessel registration decal location), and
attach the orange service banner to the bow rail.
A service schedule for each pumpout vessel placed in service will be made available on
the Pumpout USA website. The registration forms provided on the website will request
the mooring location of the vessel (lat/long), registration number and state, size and type
of the vessel, the name of the vessel, and a point of contact for the vessel. The
registration form must be signed by the vessel owner and/or captain and allows the
Pumpout USA pumpout vessel operator permission to pumpout the participating vessel
and board the vessel, if necessary.
4. Public Education
Pumpout USA will develop a website, public education materials, instructional materials,
marketing materials, and registration packets in support of the mobile vessel pumpout
service program. All educational materials will focus on the importance of clean water
and the impacts of sewage discharge into the environment. These materials will be made
available online through the Pumpout USA website and distributed to participating
marinas, local sporting goods merchants, Monroe County Offices, and FWC where they
can be accessed by vessel owners and be distributed by FWC and pumpout vessel
operators.
The Project Manager (or his/her designee) will also participate in, and promote clean
water through this pumpout service at public gatherings, marina meetings, Fishing Clubs,
Civic Organization Meetings, Secondary Education Science Masses, etc.
5. Coordination with County staff and FWC
Pumpout USA will identify to the FWC any derelict vessels or pre -derelict condition
vessels, as well as anchored vessels that are not participating in the program or requesting
pumpouts. Each pumpout vessel operator will give special attention to vessels in
Managed Anchoring Zones and will communicate daily to the Project Manager for FWC
reporting.
Section B: Deliverables
1. Monthly Pumpout Logs
Signed monthly pumpout logs will be submitted, specific to each pumpout vessel and
broken down by service area, indicating the number of pumpouts performed, volume of
sewage pumped out, and number of individual vessels pumped out.
2. Quarterly Reports
Pumpout USA will submit signed, notarized quarterly reports showing:
• Number of pumpouts performed in each service area (including number of out of
state vessels) and total for the Keys
• Gallons of sewage pumped from each service area and total for the Keys
• Total number of individual vessels pumped out
• The routes and locations of the pumpout vessels
• Gallons of fuel used in support of program
• Education and outreach activities
3. Invoicing
Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each
quarter's payment, as stipulated in the contract. The invoice cost (as described in the
contract) will be based on a per unit rate.
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46
ORDINANCE NO, 036 " 2 V 12 � , •
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING CHAPTER 26
OF THE MONROE COUNTY CODE (WATERWAYS) TO
PROVIDE FOR "ARTICLE V ANCHORING AND
MOORING RESTRICTED AREAS"; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
INCONSISTENT PROVISIONS; PROVIDING FOR FILING
AND AN EFFECTIVE DATE; PROVIDNG FOR
CODIFICATION; PROVIDING FOR AN EXPIRATION
DATE.
WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The
Boating Impacts Management Plan Final Report which documented liveaboard vessel
impacts associated With unmanaged anchorages throughout the Keys; and
WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a
Keys -Wide Mooring Field System Preliminary Planning Document Which included an
evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key
Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized
the need to address negative boating impacts associated with those unmanaged
anchorages; and
WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the
Development of a Boating Management Plan for the Boca Chica Harbor Area which
evaluated a variety of boating impacts in that anchorage area and provided options for
managing anchoring activity, but recognized the lack of authority (at that time) provided
to the County to regulate vessels other than liveaboard vessels; and
WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife
Conservation Commission (FWC), in consultation With the Florida Department of
Environmental Protection, to establish a Pilot Program to explore potential options for
regulating the anchoring or mooring of non-liveaboard vessels outside the marked
boundaries of public mooring fields (327.4105 F.S.); and
1
F
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47 WHEREAS, the goals of the Pilot Program are to encourage the establishment of
48 additional public mooring fields and to develop and test policies and regulatory regimes
49 that: promote the establishment and use of mooring fields, promote public access to
50 waters of the state, enhance navigational safety, protect maritime infrastructure, protect
51 marine environment, and deter improperly stored, abandoned or derelict vessels; and
52
53 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to
54 participate in the Pilot Program in partnership With the Cities of Marathon and Key West,
55 each of Which operate public mooring fields; and
56
57 WHEREAS, the Monroe County Board of County Commissioners entered into Inter-
s 8 local Agreements With the Cities of Marathon and Key West on February 17, 2010
59 providing for coordinated partnerships in the FWC Pilot Program; and
60
61 WHEREAS, the Monroe County Marine Resources Office retained consultants to
62 complete vessel surveys inside and outside of public mooring fields at Key West and
63 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder
64 workshops to take public input on anchoring and mooring issues and potential regulatory
65 regimes, in accordance With the criteria of the FWC Pilot Program; and
66
67 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public
68 input provided at stakeholder workshops, and provided a recommendation to the FWC to
69 approve Monroe County for participation in the Pilot Program; and
70
71 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of
72 five local governments in the state to participate in the Pilot Program, including St.
73 Petersburg, Sarasota, St. Augustine and Martin County; and
74
75 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe
76 County Board of County Commissioners held numerous public meetings from 2009 to
77 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring
78 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring
79 impacts; and
80
81 WHEREAS, the Monroe County Board of County Commissioners provided direction at
82 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for
83 managed anchoring zones With accompanying regulations, and to coordinate with the
84 Cities of Marathon and Key West for the inclusion of ordinance language providing for
85 anchoring regulations in association With their respective mooring fields; and
86
87 WHEREAS, at the September 21, 2011 Monroe County Board of County
88 Commissioners meeting the Board received a request from a representative of Wisteria
89 Island to have Key West harbor included as a managed anchoring zone, and the Board
90 approved the inclusion of that area as a managed anchoring zone; and
91
2
92 WHEREAS, the Monroe County Board of County Commissioners provided additional
93 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four
94 managed anchoring zones, and revised the regulations for development to be applied
95 within those zones; and
96
97 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012
98 meeting accepted a request by the City of Marathon to include the greater Boot Key
99 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and
100 directed staff to include a prohibition on vessels within managed anchoring zones that
101 exhibit conditions known to precede a derelict vessel condition, eliminate floating
102 structures language and eliminate USCG Auxiliary vessel Safety Check language
103 pending a recommendation from the USCG; and
104
105 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012
106 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica
107 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring
108 zone to ensure the safety and security of the public; and
109
110 WHEREAS, the Monroe County Board of County Commissioners has indicated that the
111 anchoring ordinance should not be overreaching and not overburden transient boaters;
112 and
113
114 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to
115 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds
116 through vessel registration fees and contribute to DEP Clean vessel Act Program funds
117 through marine fuel taxes, to properly pumpout and comply with existing sewage
118 discharge regulations within the federal No Discharge Zone in the Keys, by providing
119 free pumpout service to vessels located in managed anchoring zones and which are
120 served by the County pumpout program; and
121
122 WHEREAS, Monroe County staff is negotiating a contract with the National Marine
123 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated
124 areas of the Florida Keys and to provide for a registration process, with accompanying
125 participation stickers or tags to be displayed on vessels indicating proof of regular
126 pumpouts; and
127
128 WHEREAS, because the anchoring ordinance is a test program the Monroe County
129 Board of County Commissioners desires that vessel owners be provided warnings by
130 enforcement officers prior to the issuance of citations, to allow every opportunity for the
131 vessel owner to comply with the described regulations; and
132
133 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard
134 and non-liveaboard vessels; and
135
136 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to
137 fully implement the agency's At Risk Program in designated managed anchoring zones as
3
138 a tool to identify vessels which exhibit conditions known to precede a derelict vessel
139 condition; and
140
141 WHEREAS, the regulations established in the anchoring ordinance are consistent with
142 the municipal codes of the City of Marathon and the City of Key West; and
143
144 WHEREAS, the Monroe County Board of County Commissioners will transmit the
145 approved anchoring ordinance to FWC for consideration and approval prior to adoption
146 of the ordinance by the Board of County Commissioners;
147
148
149
150 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
151 OF COUNTY COMMISSIONERS:
152
153 Section 1. Chapter 26 of the Monroe County Code is amended as follovws.-
154
155 Chapter 26
156 WATERWAYS
157
158 ARTICLE V
159 ANCHORING AND MOORING RESTRICTED AREAS
160
161 Sec. 26-100. Purpose. It is the purpose of this section of this Code to provide for
162 anchoring and mooring restricted areas where unmanaged anchoring and/or mooring and
163 associated environmental and navigational impacts exist. These areas and restrictions are
154 created in accordance with F.S. § 327.4105, and by approval of the Florida Fish and
165 Wildlife Conservation Commission which has been directed by the Florida State
155 Legislature to establish a Pilot Program to explore potential options for regulating the
157 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public
168 mooring fields. These restrictions are deemed to be necessary to protect the public
169 health, safety and welfare. These restrictions also include the regulation of liveaboard
170 vessels and floating structures, as provided for in F.S. § 327.60(3).
171
172 Sec.26-101. Definitions.
173
174 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel
175 sewage legally pumped out, or disposed of (in the case of a Porta-Potti or other portable
176 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by
177 the City of Key West, City of Marathon or Monroe County pumpout programs indicating
178 that the vessel receives routine pumpouts, or a pumpout receipt from a pumpout facility
179 (including portable toilet dump stations) or pumpout Wessel Within the past ten (10) days.
180
181 Derelict Vessel means any vessel, as defined in F.S. § 327.02, that is left, stored, or
182 abandoned:
183 (a) In a wrecked, junked, or substantially dismantled condition upon any public
184 waters of this state.
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185 (b) At any port in this state without the consent of the agency having jurisdiction
186 thereof.
187 (c) Docked or grounded at or beached upon the property of another without the
188 consent of the owner of the property
189
190 Sec. 26-102. Anchoring and Mooring Restricted Areas.
191
192 (a) Managed Anchoring Zones. Managed Anchoring Zones are established for the
193 purpose of protecting the marine environment, enhancing navigational safety, and
194 deterring improperly stored, abandoned, or derelict vessels. Managed Anchoring
195 Zones are created as a tool to regulate anchoring activity, in currently unmanaged
196 anchorages.
197
198 (1) Managed Anchoring Zones shall be established in the following described
199 geographic areas. Maps delineating the Managed Anchoring Zones are
200 attached hereto as Attachment A, and are incorporated herein by reference and
201 will be made available in the Marine Resources Office.
202
203 a. Boca Chica Basin: To include the body of water occurring between Stock
204 Island and Boca Chica Key (excluding the Navy Accident Potential Zone
205 (APZ), restricted areas, and bay bottom) south of U.S. Highway 1, west of
206 the western edge of the are of the N A S Key West Accident Potential Zone
207 (APZ), west of a line intersecting the APZ at 24° 34.10' N 81 ° 43.3 5' W
208 and running south to 24' 3 3.63' N 81 ° 43.3 5' W, south of a line running
209 east -west from 24" 3 3.63' N 81 ° 43.3 5' W to 24' 33.63' N 81 ° 43.15' W)
210 west of the western edge of Boca Chica Channel running southwest from
211 240 33.63' N 810 43.15' W to 24" 33.45' N 81 ° 43.24' W, north of latitude
212 24' 33.45' N (approximately at the location of Boca Chica Channel
213 marker 7), east of a line running north-northwest from 24° 33.45' N 81 °
214 43.3 8' W to 24' 3 3. 82' N 81 ° 43.46' W and continuing along the Stock
215 Island shoreline.
216 b. Key 'Vest Harbor: To include the body of water occurring west of
217 Fleming Key and Key West (excluding Nagy restricted areas), south of a
218 line running east -west at latitude 24 ° 35.19' N, east of a line running from
219 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset
220 Key), and north of a tine running east -west at latitude 24° 33.84' N.
221 c. Cow Key Channel: To include the body of water occurring between Key
222 West and Stock Island, south of U.S. Highway 1, and north of a line
223 running east -west at latitude 24' 33.44' N (approximately at the location
224 of Cow Key Channel marker 5).
225 d. Boot Key Harbor: To include the area of Boot Key Harbor (excluding the
226 permitted public mooring field and No -Anchoring Buffer Zone) occurring
227 south of the Vaca Key shoreline, east of Boot Key Harbor main channel
228 entrance marker 7 located at position 24' 42.13' N 81 ° 06.84' W, north of
229 the Boot Key shoreline, and west of the far eastern side of Boot Key
230 Harbor at position 24' 42.54' N 81° 04.99' W, and including the entirety
231 of Sisters Creek south to marker 4 at the entrance of Sisters Creek, and
61
232 including the area occurring from Sisters Creek marker 4 at position 24'
233 41.35' N 810 05.26' W running east to the shoreline of Vaca Key at
234 position 240 41.43' N 810 04.93' W and running north along the shoreline
235 of Vaca Key and continuing to the west along the shoreline of Sombrero
236 Beach.
237
238 (2) The following regulations shall apply within Managed Anchoring Zones:
239
240 a. Prohibition of vessels exhibiting pre -derelict vessel conditions. Vessels
241 determined to exhibit conditions known to precede a derelict vessel
242 condition are prohibited, including:
243 1) Vessel is not able to be used for navigation.
244 2) Vessel is listing.
245 3) Vessel is aground.
246 4) Vessel is in danger of breaking its mooring.
247 5) Vessel is sinking.
248 6) Vessel is dragging anchor.
249 7) Vessel has broken its mooring and has been secured for the protection
?50 of the health, safety and welfare of the citizens.
251 b. Prohibition of derelict vessels. Vessels determined to be derelict in
252 accordance with F.S. § 823.11 are prohibited.
253 c. Proof of pumpout required. Vessels anchored or moored for more than ten
254 (10) consecutive days, and which are required to have a marine sanitation
255 device in accordance with F.S. § 327.53, must provide proof of pumpout.
256 Vessel owners may utilize a pumpout service which may be provided by
257 the City of Key West, City of Marathon, Monroe County pumpout
258 programs, or other authorized vessel pumpout facility or vendor. The
259 municipal and County pumpout services are structured to provide ongoing
260 purnpouts for vessels located within managed anchoring zones, and may
261 provide a registration process by which vessel owners sign up for regular
262 pumpouts at a frequency based on anticipated need, with a minimum of
2 63 one pumpout per month. A monthly, color coded, registration sticker or
264 tag may be provided which vessel owners may display on their vessel,
265 indicating participation in the municipal or County pumpout program, and
266 which will be considered proof of pumpout. The municipal and/or County
267 pumpout programs shall maintain registration documentation and pumpout
268 logs throughout the duration of the Pilot Program, which shall be available
269 for review by any law enforcement officer. if a vessel owner utilizes
270 another vessel pumpout provider the vessel owner is required to maintain
271 documentation and pumpout logs to demonstrate use of pumpout to FWC,
272 MCSO or other law enforcement officers.
273
274 (b) No -Anchoring Buffer Zones. No -Anchoring Buffer Zones are established outside
275 of, and immediately adjacent to, permitted public mooring fields for the purpose
276 of protecting maritime infrastructure, enhancing navigational safety and
277 promoting public access and the use of public mooring fields.
278
Z
279 (1) No -Anchoring Buffer Zones shall be established in the following described
280 geographic areas. Maps delineating the No Anchoring Zones are attached
281 hereto as Attachment B, and are incorporated herein by reference and will be
282 made available in the Marine Resources Office.
283
284 a. Boot Key Harbor: To include a fifty foot (50') wide area immediately
285 adjacent to, and outside of, the perimeter of the east and west mooring
286 Melds and the leased anchoring area.
287 b. Seaplane Basin: To include the area of Garrison Bight mown as the
288 Seaplane Basin occurring north of the Key west shoreline, east of the
289 Fleming Key shoreline, south of a line running east -west 50' north of the
290 Garrison Bight mooring field boundary markers C and D, and west of
291 Sigsbee Park.
292 c. Boca Chica Basin: To include the body of water occurring between Stock
293 Island and Boca Chica Key (excluding Navy restricted areas) south of
294 U.S. Highway 1, east of the western edge of the arc of the NAS Key west
295 APZ, east of aline intersecting the Navy APZ at 24° 34.10' N 81° 43.35'
296 w and running south to 24' 33.63' N 81 ° 43.35' w, north of a line
297 running east -west from 24' 33.63' N 81 ° 43.3 5' w to 24' 33.63' N 81 °
298 43.15' w, and west of the western edge of Boca Chica Channel and the
299 Navy restricted area (which includes Boca Chica Channel and the Navy
300 mooring field basin).
301
302 (2.) The following regulations shall apply within No -Anchoring Buffer Zones:
303
304 No anchoring or mooring of any kind (vessels or floating structures) except
305 for vessels mooring within established permitted public mooring fields by
306 permission of the mooring field owner or manager, vessels within a leased
307 anchoring area associated with a mooring field, commercial vessels (e.g.
308 barges) engaged in marine related work, military operations, vessels anchored
309 for the purpose of fishing or other recreational activities (but not overnight),
310 or in the case of an emergency (e.g. weather, mechanical, medical) causing the
311 need for a vessel to temporarily anchor.
312
313 Sec. 26-103. Enforcement. Regulations described in this Article may be enforced by law
314 enforcement officers of the City of Marathon or City of Key West (within their areas of
315 jurisdiction), Monroe County, or FwC or any other law enforcement officer.
316
317 Sec. 26-104. Penalties.
318
319 (a) Any person cited for a violation of this article shall be charged with a noncriminal
320 infraction. A written warning shall be issued to provide the vessel owner 30 days
321 for corrective action or removal of the vessel. If corrective action or removal is
322 not accomplished, a Uniform Boating Citation may be issued for violations of this
323 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to
324 issue such citations. vessel owners will be provided thirty (30) days between
325 issuance of citations. Fines associated with citations are established as follows:
�A
326 (1) First offense- $50
327 (2) Second offense- $100
328 (3) Third offense- $250
329 (4) Fourth or subsequent offenses- $250 and Fw'C will request that the owner
330 remove the vessel from the Managed Anchoring Zone or No -Anchoring
331 Buffer Zone
332
333 (b) Any person who fails to properly respond to a Uniform Boating Citation issued
334 for a violation of this article shall, in addition to the charge relating to the
335 violation of the boating laws of this County, be charged with the offense of failing
336 to respond to such citation and upon conviction be guilty of a misdemeanor of the
337 second degree punishable as provided in F.S. § 775.082 and F.S. § 775.083.
338
339 (c) If a law enforcement officer determines that a vessel is derelict, the violation shall
340 be processed in accordance with F.S. § 823.11
341
342 (d) Allowance shall be provided for vessels in need of safe harbor due to severe
343 weather conditions or temporary mechanical issues which may otherwise prohibit
344 a vessel from safely departing a managed anchoring zone.
345
346 Sec. 26-105. Exemptions. The following exemptions are provided:
311
349 (a) Vessels equipped with only incinerating or composting toilets are not required to
350 provide proof of pumpout, as those types of toilets are not designed to be pumped
351 out. However, effluent from those toilets is not allowed to be disposed of in the
352 waters of the No Discharge Zone within the Florida Keys.
353
354 (b) Stored vessels are not required to provide proof of pumpout.
355
356 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or
357 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be
358 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this
359 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision,
360 clause, sentence, or provision immediately involved in the controversy in which such
361 judgment or decree shall be rendered.
362
363 Section 3. Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in
364 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal
365 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive
366 any ordinance which has been repealed thereby.
367
368 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of
369 the Secretary of the State of Florida and shall become effective as provided by law.
370
371 Section 5. Codification. The provisions of this ordinance shall be included and
372 incorporated into the Code of Ordinances of Monroe County, Florida and shall be
373 numbered to conform with the uniform numbering system of the Code.
374
375 Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July
376 11 20141, unless extended by the Florida State Legislature. This ordinance shall expire or
377 be extended concurrently with the FWC Pilot Program.
378
379
380
381
382
383 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
384 Florida at a regular meeting held on the 17th day of October, 2012,
385
386 Mayor David Rice Yes
387 Mayorpro tem Kim wigington Yes
388 Commissioner George Neugent Yes
389 Commissioner Heather Carruthers Ye
390 Commissioner Sylvia Murphy es
391
392
393 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
394
395 Attest: DANNY L. KOLHAGE, CLERK
396
397 B c • B
y y
398 Deputy Clerk May avid Rice
STATE OF FLORIDA
COUNTY OF MONPOE
Tl is Copy is a True E_'ony o 3 :he
9rityinal .3u File in !.-,his Office. Witness
nay hand ar:d Official Seal.
his d �? of pop
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C�L
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM:
SL 9AN M. ORIh..EY
ASSISTLNTCOUN Y ATTORNSY
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Proposal for Keys -Wide
Mobile Vessel Pumpout Service
RFP-GMD-256-109-2011-PUR/CV
National Marine
Waste Foundation, Inc.
� Respondent:
Dan Martin
National Marine Waste Foundation
P.O. Box 65 • Dentin, Florida 32540
850-978-0455
_!_1
re
w�.
Respondent's
approach to
this project.
Past Performance €
Qualifications, and
Service Description.
91 AVERY* READY INDEX
il-
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
�I 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
l when service is required. Vessel owners will pickup 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 501C3 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 L NDERSTANDINO
BETWEEN
NATIONAL MARINE WASTE FOUNDATION, Inc.
AND
THE MOTE MARINE LABORATORY, Inc.
I. The purpose of this MOU between the National Marine Waste Foundation (NMWF) and the Mote Marine
Laboratory (NRVIL) is to establish a working relationship between the two organizations to undertake
mutually desirable activities. Goals shared by NMWF and M1VII, 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.
H. This is anon -exclusive contract between the two organizations and preserves the right of each to work
independently or with other organizations.
M. 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 M?v L, 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 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 o ' Lion shall make any commitments or take any positions on behalf of the other without that
o 'on's specific, written consent.
VI. The MM L, authorizes NMWF to use, in the United States, the registered trademarks of Mote Marine
Laboratory, and the shark logo in the liftTature and promotional information about the marine waste
disposal services.
VYI. This MOU is effective for one year, beginning on September 1, 2011, and ending on September, 2012. This
MOU may be terminated with 34 days notice by either party for any reason. If the relationship established
by this MOU proyes mutually agreeable and susbdnable, NMWF and MN1LA may choose to continue this
relationship beyond the initial year of joint activities.
VI.II. This MOU may be modified only by written amendment executed by NMWF and MMLA. This MOU
cos the entire agreement of the parties. -
1 I1�Larm
e Was tmdati ,Inc.
Dan Martin
Dom as* cJeat
Signed,
M Laboratory, Inc.
9,00,))(
K a'r evaniPh.D.off oite
resident anS CEO
2
Tab 2—I
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-I1. 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-III. 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 pum pout 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).
or
OAIM
14
p
4
Oa'e
23A0
APR
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. Guth oe Key
d. Biome Ivey
e. Duck Key
f. Tavernier
g. Key Largo
h. North Key_Lar o
i. Flamingo
J. B y Point
k. Suarlaaf Shores
I. Marquesas keys
m. Bahia Honda State Park
n. Eye�rlades National Park
edit Parks and recreational areas
Not pictured
• Bi
19 CyRr-ess National
Preserve
• Da Tortugas National Park
John PennekarnD Coral Reef
State Park
• Islamorada Founder's Park
edit National Wildlife
Refuges
• Crocodile Lake National
Wildlife Refu e
Gwent White Heron National
Wildlife Refine
• I�ey West National 'wildlife
Refu e
• National Ivey 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.
O-j
Tab 3 References:
Municipalities
The City of Key West
David Hawthorne
1801 N. Roosevelt Blvd.
Key West, FL 33040
(305) 809-3962
3-Boats
1St- 10/13/2000
2"d-09/23/2010
3rd-12/03/2020
The City of Marathon
Richard Tanner
9805 Overseas Hwy
Marathon, FL 33050
(305) 743-0033
3-Boats
1 1St_02/12/2002
2nd_09/29/2005
3d-03/04/2007
The City of Fort Myers Beach
Jeff Richards
2523 Estero Blvd.
Fort Myers Beach, FL 33931
(239) 765-0202
�j 2-Boats
� 15t_08/02/2004
2nd_02/17/2009
l
The City of Clearwater
Gordon Wills
25 Causeway Blvd
Clearwater, FL 33767
(727) 462-6954
2-Boats
1st-06/15/2006
2nd_10%1/2011
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
J
Terry Fisher
600,Sadowski Causeway
Key Colony Beach, FL 33051
(305) 923-9127
2-Boats
15t-05/15/2003
2nd_06/18/2009
JIsland Cove Marina
John Naybor
806 Lakewood Rd.
Pensacola, FL 32507
(850) 455-4552
2-Boats
15t-07/01/2004
2"d-12/28/2009
Bluewater Bay Marina
Ryan finely
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
(8SO) 653-8030
2-Boats
15t-05/31 J2005
2nd_07/22/2011
Riviera Dunes Marina
Mike Adams
102 Riviera Dunes Way
Palmetto., FL 34221
(941) 723-9595
2-Boats
1s'-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.
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.
Y
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
(ifi) NO
(iv) Mote Marine Laboratories
f. Captains license
Northwest Florida Industrial Marine Association
'.
U
Tab 6. Litigation
i. No
li. No
iii. No
IV. No
V. No
7
J
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SECTION THREE: COUNTY FORMS
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11)
RESPONSE FORM
RESPOND TO: MONROE COUNTY PURCHASING OFFICE
HISTORIC G ATO CIGAR FACTORY
ROOM 1-2 l 3
1100 SIMONTON STREET
KEY" WEST, FLORIDA 33 040
I acknowledge receipt of Addenda No.(s)
I have included:
• Lobbying and Conflict of Interest Clause �
• Non -Collusion Affidavit �-
• Drug Free Workplace Form
• Public Entity Crime Statement
• Insurance and Indemnification Statement
s Local Preference Form (if applicable)
(.Check mark items above, as reminder that thev are included)
In addition, I have included a current copy of the following professional and occupational licenses:
Mailing Address:
ovs
RAJ Z
Signed: Witness:
--Or 9--4
77,
(Name)
(title)
24
Telephone: �� 70&42
Fes: S0 210 dsi I
Date: L
(Seal)
NON, -COLLUSION AFFIDAVIT
I uAdw L "%Ajk of the city of according to law on my
oath, and nder penalty of perjury, depose and say that
a. I am CU of the firm of
A TVA.
IP A/ - P - —-he bidder making the
Pro osa for the proje described in the Request for Proposals for
00"a&ZUg MIJA]ty, -A Z ZW and that I executed the said
proposal with fu l authority to o 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 Piave 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 corr1pe#itor, 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 collect, 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.
0000-6
2 z )/J
(Signature)
Date: 14171Z
0
STATE OF: F A r i a �`-
COUNTY OF: O I'C �. �oo J'cL.
Subscribed and sworn to (or affirmed) before me on S�.e..�',e», by `%, aO i j (date) by
�A.nnV � � � 1 Q.�i n (name of affiant). He/She is personally known to
me or has producedkAOLL--14(type of identification)
as identification.
NOTA PUBLIC
t�Y p M Commission Expires: �C
.�•�; , WANDAJ. HATS y A
# * ;fb C;ID
WCOMMOONM71M
�' EXPIRES: odit lZ � f
4 td� Thn Not�y Bard
26
DRUG -FREE WORKPLACE FORM
�wmwn�wni nw+rwww • ... . � � i ■..r.r.rr..rrrrr�.mn.i.ri.rn�.i���r•r.r��i....ri.r�rni.��.w.��i��.w.r -- .nww.i�. - .w.rr
mn.r..nr�r..rwrrrrr..rr. i � i o. n..w w w �w � nnr� .r_n.m. .a...w�rrm.n...+�.^•rrn..� wr.n.�w.w�� ..+err.
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, I c that this firm complies fully with the above
requirements.
(Signature)
Date: 9 0
STATE OF: Flo r (0.41.
COUNTY OF: O � � leo.f a
Subscribed and sworn to (or affirmed) before me on (date) by
(name of affiant). He/She is personally known to
me or has produced aO.ulf6 n A1 (y lAaL✓•, (type of identification)
as identification.
+°;� � WMmAJ. W1TiEN
'"z NOTA PUBLIC
* * MY (A�Ii�pN # DD 7190
E)(PIRES:OQober 12, 201t M Commission Ex Tres: oc-(%� 9oadadThuBodpefNafryServi�a Y i�i t
27
PUBLIC ENTITY CRIM 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 name] nor
any Affiliate has been placed on the convicted vendor list Qthin the last 36 months.
(Signature)
Date: D
STATE OF: FIC r' �a
COUNTY OF. 6 k A-.00 S_��,_.._..._.rr._..._�.
Subscribed and sworn to (or affirmed) before me on J�4,�M �e/ 7 =I-0(( (date) by
(name of affiant). He/She is personally known to
me or has produced 04V�f av►���, o i,✓„ I (type of identification)
as identification.
My
EXPiRM. oaf IZ 20f #
00 ft
NOTAWPUBLIC
My Commission Expires: Oc,4-ss (
bar
29
LOBBYING AND CONFLICT OF INTEREST CLAUSE
ETHICS CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
(Company)
"...warrants that heft 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.
/Wo cot
(Signature)
Date:
STATE OF: ors cCc
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on t5i 0201 i (date) by
�l/QmAV � �' t ���1 n (name of affiant). He/She is personally known to
me or has produced (v k1, oU.I (type of identification)
as identification.
5
'I
NOTA PUBLIC
My Commission Expires: _0GfoLe IO2,o�%r
---
der'[$ �I
� �r
Watercraft Liability $1 Million Combined Single Limit (CSQ
Prior to the commencement of work governed by this contract, the Contractor shall obtain water Craft
Liability Insurance with terms no less restrictive than those found in the standard "American Institute
HullClauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract
in
clude, nclude, as a minimum:
Injury (including death) to any Person
• Damage to Fixed or Movable Objects
Costs Associated with the Removal of wrecked Vessels
• Contractual 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 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shad 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.
INDEMNIF CATION 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, (B) 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 ifs 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 'lf comply in full with all the
requirements.
C
Respondent Signature Dad
30
rORR&:.4 +' �' t . .� Fq@j
T tti f
'7 • y T r •'i.`, zti
11ppartmint of Olate
I certify the attached is a true and correct ca of the Articles
Incorporation of FU�POUT U.S. �Y e,a of
A . , INC., , a Florida corporation, f led on
June 14, 2000, as shown by the records of this office.
I further certify the document was electronically received under
number H 0 D 00 a 0 3 i 86 Z. This certificate� �. FAQ audit
is issued in accordance with
section 15-16, Florida Statutes, and authenticated h the coda note �` d 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 : 60 OA00D34058-0614 00-P00000057548-,1 f 1
�ernr� �rxrris
fate
DEPARTMENT OF THE TREASURY
INTERNAL REVENUE SERVICE
ATLANTA CA 39901
PUMFOUT O S. A, INC.
. X RICHARD L PAI LSON
4507 FURLING LN STE 206
DESTIN Ft 32541
DATE OF THIS NOTICE: 06-*28-2000
NUMBER OF THIS NOTICE- CP 575 A
EMPLOYER T{SENTIFICAT1ON NUMBER: 59-36535!
FORM: SS-4
07169S4126 B
FOR ASSISTANCE CALL US P
1-80 O-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 IIIEidTIFiCATFON 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. 'lease 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, incaFrrect information in your account, or cause you to be
assigned more then one EIN.
Based on the information shown on your Farm SS-- 4 , you must file they following
farms( 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-I3-ZOOO r If we don't
receive your form by that date, we will charge additional penalties and interest. We
charge penalties and interest from they due date of the raturn until, it is filed,
Your assigned tax classification is based on information obtained from your Form
SS- 4 , It is not a legal de. termination of your tax classification and is not binding
can the Service. If you want a determination on your tax classification t you may seek
a private letter ruling from the Service under the procedures set forth in Rev. Proc .
98"01, 1998-1 I.R.S. 7 (or the supereading revenue protedure 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 f corms shown or the data they are due, you ma3
call us at 1-$00-529 1040 or write to us at the address shown above.
If You're required to deposit for employment taxers (Farms 941, 94.3, 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 backs within six weeks. You can use
the enclosed coupons .if you need to make a deposit before you recaive 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, EFTFS Answers to the Most Commonly Asked
Questions-,
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(((H49000,149223 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 II
The period of its duration is perpetual.
ARTICLE III
This corporation is organized exclusively for charitable, religious, educa dorsal 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 axed the Mate of Florida, not inconsistent with its
tax-exempt status.
The National Mar 'me waste Foundation, Inc, intends to quality and operate as a 501 (c)(3)
corporation and has been formed to fund and admiunister the removal of marine waste from vessels
operating within national waterways. The foundation has identified and prioritized the following
geograph i c locations for initial service:
0kaloosa County, Florida (Fort Walton Beach -- Destin)
Monroe County, Florida (Florida Keys)
Beaufort County, South. Carolima (Hilton Head island)
Bartow Counter, Georgia (Uke Allatoona)
Hall, Forsyth, Dawson, Cwinnett, and Lumpk*m Counties Georgia (Lake Sidney Lanier)
Labe 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 plot -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.
{((H09000:49223 3)))
(((H09000249223 3))}
ARTICLE VI
The address of its principal office is 800 Jupiter Street, Destin, Florida 32541.
ARTICLE VII
The address of its initial Registered Office is 30 South Shore Dave, 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
rt ponsNlities as Registered Agent of said corporation.
C
s C. Barth
ARI E V1U
The number of directors constituting its initial Board of Directors is four, whose name
and addresses are:
Elaine Tucker
28 Old Ferry Road
Shalimar, FL 32579
David Stephens
309 Season Road
Sterrett, AL 35.147
Michael Woodham
235 Matties Way
Destin, FL 32541--344 t
David Paul Horan
Horan, W a I l ace & Higgins, LLP
608 Whitehead Street
Key West, FL 33040--6549
ARTICLE IX
The name and address of the incorporator is:
Dan Martin
114 Patmetto Street, Suite 7
Destin, FL 32541
(((H09000249223 3)))
{((H09000249223 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
made 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 ether 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 SOI (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 X1
Upon dissolution of this corporation, assets shall be distributed for one or more cxempt
purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, of 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.
tThe undersigned incorporator has executed these articles of Incorporation this . day
of , 2009.
r Incorporator
(((H09400249223 3)))
f-,
(((HO9000249223 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, m compliance
with said Act:
FIRST, that NATIONAL MARINE WASTE FOUNDATION, INC. desiring to organize
L
under the laws of the State of Florida, with its principal office as Indicated in the Articles of
{organization at 800 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.
;ifne-s C. BaI'it!
Resident Agent
(((H09000249223 3)))
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National Marine
waste Foundation, Inc.
thlavil (Y'Direclor-N November 16, 2012
Elaine Tucker
Shahmar, Florida
Richard Jones
Marine Resources Office
David Stephens
2798 Overseas Hwy,,
4terl•ell.Alabama
Marathon, FL 33050
Michael Woodhan)
Ehxiiit, Florida
Dear Mr. Jones,
David Paul flora;n
We have recently become aware that the State of Florida — DEP CVA
Key Won. F101•icia
grant requires the National Marine Waste Foundation to carry the same liability
insurance coverage as the contractor. As our current contract draft refers to
PumpOut USA as the anticipated contractor and PumpOut USA is the winning
r• �•�-��1�~�' f���•ec•fclt•
bidder, we recommend amending the contract to be directly with PumpOut USA,
Insurance is not reimbursable by the CVA grant and this change will reduce the
I)�cfln►?. Dan f�'
Fl�f•i{Cc7
annual Monroe County budget b� In addition we believe this
proposed change will greatly simplify administrative procedures for invoicing and
relmbursem nts. r
Thank You,
f
{
Dan Martin, Executive Director
National Marine Waste Foundation, Inc.
P.O. Box 65 1 Destin, FL 32540 1 Telephone: (800) 431-9281 1 (850) 978.0455 1 WWW.NM-WF.0RG
PU P0IIU SA
1150 Highway 83 North
DeFuniak Springs, Florida 32433
Phone (850) 892-0807 Fax (850) 892-0887
November 19, 2012
Richard Jones
Marine Resources office
2798 overseas Hwy.
Marathon, FL 33050
Dear Mr. Jones,
I appreciate you contacting me concerning the proposed contract change for
the Keys -Wide Mobile Vessel Pumpout Service. I have discussed these changes
with Dan Martin of the National Marine Taste Foundation and I absolutely
concur. Pumpout USA would welcome the opportunity to provide service to
Monroe County. I have contacted CVA and have completed the new CVA Grant
Application and Fed Exd it 11/19. I should have the additional documentation
scanned and emailed to you Monday, 11/19.
T nk ou,
Otain Donnie Brown
Pumpout USA