01st Amendment 03/20/2013AMY HEA VILIN, CPA
CLERK OF THE CIRCUIT COURT
DATE: April S, 2013
TO: Christine Hurley, Director
Growth Management Division
ATTN. Mayra Tezanos
Executive Assistant
FROM. Pamela G. Hancd X)0. C.
At the March 20, 2013, Board of County Commissioner's meeting, the Board granted
approval and authorized execution of Item I3 an Amendment No. I to the December 12, 2012
Agreement with Pumpout USA, In. for Keys -Wide Mobile Vessel Pumpout Service, providing
for deletion of Section XII. Donations and Grants, and inclusion of Attachment H- Contract
Provisions and Attachment I- Contract Regulations to conform with requirements of the Florida
Department of Environmental Protection (DEP).
Enclosed is a duplicate original of the above - mentioned for your handling. Should you
have any questions, please feel free to contact our office.
cc: County Attorney
Finance
File,/
A
AMENDMENT NO.1 TO AGREEMENT
BETWEEN PUMPOUT USA, INC.
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO.1 TO AGREEMENT is made and entered into this 20th day of March,
2013, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or `BOCC ") and
Pumpout USA, Inc., a for profit corporation of the State of Florida (hereinafter "Contractor ").
WITNESSETH:
WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys -wide
mobile vessel pumpout service; and
WHEREAS, the Agreement requires the Contractor to secure a grant agreement with the Florida
Department of Environmental Protection (DEP) Clean Vessel Act Program; and
WHEREAS, a grant agreement between the Contractor and DEP was executed on January 31, 2013;
and
WHEREAS, regulations of the DEP grant program require certain provisions to be included in the
DEP grant agreement; and
WHEREAS, DEP has requested the County to amend its Agreement with Pumpout USA to provide
for these provisions; and
WHEREAS, these provisions do not materially alter any other provisions of the Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree
as follows:
1. Section XII. DONATIONS AND GRANTS of the Agreement dated December 12, 2012, is hereby
deleted.
2. Attachment H: Contract Provisions and Attachment I: Regulations are hereby attached as exhibits to
the Agreement dated December 12, 2012, and are hereby part of the Agreement
3. The above Sections 1. and 2. shall be retroactive to December 12, 2012.
4. The remaining provisions of the Agreement dated December 12, 2012, not inconsistent herewith,
remain in full force and effect.
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SFRPC ILA Amendment 1 -28 -2013 1
written.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
WITNESSES:
Print Name: MP \ % CVi n l _ M k Ile C
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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May r George Neugent
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STATE OF " \Cj C A Q
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On this 1a4y, day of r ucic,,j 201 �j, before me the person whose name is subscribed
above, and who produced 'Y L 1_ as identification, acknowledged that he /she is the
person who executed the above Contract for the purposes therein contained.
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Notary Public 1 5S o� - 3\5 - d o 10
Print Name
My commission expires: to Seal
MO E COUNTY ATTORNEY
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ATTACHMENT H
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States "). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction ").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 ' / 2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No. MVXXX, Attachment H, Page 1 of 3
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
7. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award
of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)) - Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking Water Act (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as
amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501— 1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreement No. MVXXX, Attachment H, Page 2 of 3
13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93 -205).
15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.).
17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94 -163, 89 Stat. 871).
21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug -Free Workplace Act of 1988 (Public Law 100 -690, Title V, Sec. 5153, as amended by
Public Law 105 -85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace.
22. Compliance with the Buy American Act (41 U.S.C. 10a -10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the `Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American -made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
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DEP Agreement No. MVXXX, Attachment H, Page 3 of 3
ATTACHMENT I
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work perforined. under this Agreement.
General
43 C.F.R. 17
Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12
Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state and local governments
43 C.F.R. 12
Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18
New restrictions on lobbyin
43 C.F.R. 43
Government wide requirements for drug-free workplace
Other Federal Regulations
2 C.F.R. 1400
Suspension and Debarment
48 C.F.R. 31
Contract Cost Principles and Procedures
Office of Management and Budget Circulars
A -21 (2 CFR 220)
Cost Principles for Educational Institutions
A -87 2 CFR 225)
Cost Principles for State, Local, and Indian Tribal Governments
A -122 (2 CFR
230
Cost Principles for Non - Profit Organizations
A -133
Audit Requirements
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DEP Agreement No. MVXXX, Attachment I, Page 1 of 1