Item I3BOARD of COUNTY COMMISSIONERS
AGENDA ITEM Y
Meeting Date: March 20, 2013 Division: Growth Manageme
Bulb Item: Yes X No Department; Planning & Env. Resources
.1
Staff Contact Person hone: Richard Jones/289-2805
AGENDA ITEM WORDING*
Approval of Amendment No.1 to the December 12, 2012 Agreement with Pumpout USA, Inc. for
Keys -wide Mobile Vessel Pumpout Service, providing for deletion of Section XH. Donations and
Grants, and inclusion of Attachment - Contract Provisions and Attachment I- Contract Regulations to
conform wraith requirements of the Florida Department of Environmental Protection (DEP).
ITEM BACKGROUND
At the December 12, 20121) BDCC meeting the Board approved an Agreement with Pumpout USA, Inc. for
providing vessel pumpout service throughout unincorporated Monroe County. A condition of the Agreement is
that Pumpout USA must secure grant funding from the DEP Clean Vessel Act Program by February 1, 2013, to
assist in the provision of funding to meet the Pumpout USA total budget for pumpout service. That grant
agreement has been executed between DEP and Pumpout USA (effective January 31, 2013). In order to
execute that grant agreement, DEP has requested Monroe County to amend its Agreement with Pumpout USA
to remove Section XI1 pertaining to donations (which is not allowed under the DEP grant agreement), and
include federal requirements which are conditions of the DEP grant agreement with Pumpout USA. This
Amendment No. 1 provides for the deletion of the Section X11 pertaining to donations, and the inclusion of
Attachment H- Contract Provisions and Attachment I- Contract regulations. The County Agreement is
currently effective, and Amendment No.1 males no substantive changes to the December 12, 2012 Agreement
other than those changes described above. The cost to the County ($669,424.20) for the total two year term of
the Agreement has not changed.
PREVIOUS RELEVANT BOCC ACTION.
January 011- direction to develop an RFP to outsource and expand the existing pumpout program
July 011- 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 012- discussion and approval of NM F's anticipated budget and description of services
December 01 - approval of substitution of Pumpout USA, Inc. for National Marine waste Foundation, Inc. as
the provider of services in the Agreement, approval of the Agreement with Pumpout USA, Inc. for Keys -wide
Mobile Vessel Pumpout Service, and approval that there be no new RFP issued at this time.
ONTRA T'1A REEMENT ITAN E .
'
STAFF RECOMMENDATIONS.
Approval
TOTAL COST: $6694424.20 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL of LOCAL PREFERENCE: n/a
COST To COUNTY:,1669,424.20 BOUNCE OF FUNDS: BIF Fund 15 7
REVENUE PRODUCING: Yes No X. AMOUNT PER MONTH Year
9
APPROVED BY: County Atty X urchasing X Risk Management 5 gar
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pumpout USA, Inc. Contest #
Effective Date: 1 /1 10 1
Expiration Date: 1 /3 1 /0 1 5
Contract Purpose/Description:
Approval of Amendment No. I to to the December 12, 2012 A cement with Furn out
USA. Inc. for Keys -Wide Mobile Vessel Pum out Service rovidin for deletion of Section
XII. Donations and Grants, and inclusion of Attachment H- Contract provisions and
Attachment I- Contract Repdations.
Contract Manager., Richard Jones 2805 Growth Mann ement/I I
(Name) (Ext.) Department/Stop 4)
for BOCC meeting on 3/20/2013 ALenda Deadlmne: 315/ 013
CONTRACT COSTS
Total Dollar Value of Contract: 669,424.20
Budgeted? esZ No ❑ Account Codes:
grant:
County Match:
i57-62613-530340-
Current Year Portion: 340,200.85
ADDITIONAL COSTS
Estimated Ongoing Costs+ 1r For:
(Not included in dollar value above) {eg. maintcnance, utilities, janitorial} salaries, etc.
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[] No[]
Risk Managementbp)or�i YesO No R
O.M.B./Purchasing d a j3 Yes❑ Noa _ _ Crx��'►ti TT
County Attozney a? -1- / 3 Yes[:] NoEr A
NORMr # 4119_011!
A III _.
ipm
4
OMB Form Revised 2/27/01 MCP #2
AMENDMENT 1N o.1 TO AGREEMENT
BETWEEN PUMPOT. T USA, INC.
AND MONROE COUNTY, FLORIDA,
THIS AMENDMENT NoA 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").
wITNE ETH:
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, 0 13;
and
WHEREAS,, regulations of the DEP grant prograrn require certain provisions to be included in the
DEP grant agreement* and
VMEREA , DEP has requested the County to amend its Agreement with Pumpout USA to provide
for these provisions; and
WHEREAS, these previsions do not materially alter any other provisions of the Agreement*
NOW, THEREFORE, IN CON EDERATION of the mutual covenants contained herein, the parties agree
as follows:
1. Section .III. DONATIONS AND GRANTS of the Agreement dated December 12, 2012, is hereby
deleted+
. 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
_ The above Sections 1. and 2. shall be retroactive to December 121 2012.
4, The remain4.
ing provisions of the Agreement dated December 12, 2012, not inconsistent herewith,
remain in full force and effect.
Remainder of this Page Intentionally Deft Blank
SFRPC ILA Amendment 1- - 013
IN WITNESS WMREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: AMY IEAVILIIN, CLERK
Deputy Clerk
WITNESSES:
1.
Print Name:
2.
Print Name-,
STATE OF
COUNTY OF
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORA
Mayor George Neugent
PUWOUT USA, INC.
By.
Print Name:
Title:
On this day of 201 before me the Person whose name i5 subscribed
above, and who produced as identification, acknowledged that he/She i5 the
Person who executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Seal
MON ROE COUNTY ATTORNEY
APPROVPkAS Tr
F1 M
Date:
SFRPC ILA Amendment 1 -8 -o 1
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 requiting 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 OFR 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. 2760 - All contracts and
suRbgrants in excess of 2000 for construction or repair awarded by recipients and subrecipients
Shall incluRde a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S.C. 74),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Build'ing or Public work Financed in whole or in Fart by Loans or
Grants from the UnitedStates"). 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. Dads -Bacon Act, as amended (40 U.S.C. 276a to a- 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 (9 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 gages not less than once a week. The recipient
shall place a copy of the current prevailing gage 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 $ 000 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 V2 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 rewired 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 Govemment 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 Omits, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency.
DEP Agreement No. MVXX , 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 (3 3 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 hid 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 tomes glace in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension .O.s 12549 and 12689) - No contract shall be trade to parties
listed on the General Services Administrations 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 plies debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.C. 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.
. Section 508 of the Federal water Pollution Control Act, as amended (33 U.S.C. 13 8) 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. 3 00W (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
dxscrrrnination 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. 6 to l-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 nondiscnimination on the basis of drag abuse} (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehab it itation 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) trade; and, (0 the requirements of any other nondiscrimination statute(s) that may apply.
l 1. Compliance with the requirements of Titles 11 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 fads.
DEP Agreement No. M Vxx , Attachment H, Page 2 of 3
13. Compliance, if applicable, with flood insurance purchase requirements of Section 10(a) of
the Flood Disaster Protection Act of 1973 (PL. 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. 1173 S; (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 Mate management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (I) conformity with Federal actions to Mate (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- o5).
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 gild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), F.O. 11593 (identifieation and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 4 9a-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- 44, 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 Mate 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. § 70) and DoC
Implementing regulations published at 43 CFR Part 43, " overnrnentwide Requirements for
Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
20031. 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 (T A), as amended (22 U.S.C.
7104(g).
DEP Agreement No. MvXX} Attachment U, Page 3 of 3
ATTACHMENT I
REGULATIONS
Formal regulatf.
ions 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
Mana ement and Budget Circulars which may apply to the word performed under this Agreement,
General
43C.F.R. 17
Nondiscrimination in federally assisted programs of the II
Grants and other Federal Assistance
43C.F.R. 12
Subpart C - Uniform administrative requirements for grants and cooperative
a eements to state and local governments
43 C.F.R. 12
Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hos 1s and other nonprofit organizations
43 C.F.R. 18
New restrictions on lobbying
43C.F.R. 43
Government wide requirements for drug -free workplace
Other Federal lie nlations
C.F.R. 1400
Suspension and Debarment
48 C4F.R. 31
contract host Prinei les and Procedures
Office of Management and Budget Circulars
A-2 1 (2 CFR 20
Cost Princi les for Educational Institutions
A-8 2 CFR 2
Cost Princi les for State, Local, and Indian Tribal Governments
A-1 (2 Fr
23 0
Cost Principles for Ton -Profit Organizations
A-133
Audit Requirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. M XX, Attachment I, Page I of I
November 20, 2012
AGREEMENT
ENT
for
KEYS -WIDE MOBILE VESSEL SEL FIJMPOUT SERVICE
between
MONROE COUNTY AND NATIONAL MARINE WASTE FOUNDATION, INC.
THIS AGREEMENT EEMENT (Agreement) is entered into this I21K day of } 2012, b
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, hic., a for profit corporation of the
State of Florida ("Contractor').
WHEREAS, the County has certain objectives as directed arrd established by the Board of County
Commissioners, and which are consistent with, and supportive of, the federal No Discharge Zone
established by the EnvironmentaJ Protection Agency and discharge regulations established by the
Florida Keys National MarineSanctuary; 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 hest 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 A) Program grant through the
Florida Department of Environmental Protection (DEP) acid 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 C A grant agreement start date of January
I, 2013 which will commence the billable quarters}
NOW THEREFORE I in consideration of the mutual promises contained herein, the parties agree as
follows:
I. SCOPE OF SERVICES.
Contractor shall be the exclusive provider of mine 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 I, 2013. In the event the conditions of the C A
grant are not completed and the grant awarded, County has no obligation to pay the first quarterly
November 20, 2012
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 her 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 on&nally approved. The
term of this agreement shall be renewable in accordance with Section V.
1II. 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 8 1100 DOLLARS ($340,200.85) in the first
year and Three Hundred Twenty -Nine Thousand Two Hundred Twenty Three and I /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 tenninated
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 temination. 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 `wen -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 snap expenses,, the f it t payment (of the first yeah will be ma q . ► ..the
beginning of the first quarter in advance in the amo c n t of $ 9g 2 67.11. At the end of the first
quarter, Contractor shah 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 y service area) and a quarterly purnpout log
summarizing the pumpouts prodded, 2) copy of signed request for reimbursement submitted to
DEP for the same quarter, and 3) descrription 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 8 0,644.58, 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 lags (specific to each pumpout vessel) indicating number of pumpouts
2
November 20, 2012
performed and volume of sewage pumped out y service area) and a quarterly pu pout log
summarizing the pumpouts provided, 2) copy of signed request for reimbursement subrm'tted to
IMP 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 be made after services are read emd for that quarter
and invoiced* The first quarterly payment of the second year will be in the amount of
87,289.61. The second and following quarterly payments of the second year will be in the
amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above
shall apply. In no event shall payment exceed the armual amount stated above.
(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 stilt
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 tennination 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 payrnent� the County sliall reimburse the Contractor. The
total of said reimbursement in the aggregate sum shalt 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
invoice, items (a) through ) must be provided):
a. Dist 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 lays} contract
provisions and the scope of services that die Counter may request during the contract year.
November 20, 2012
V. RENEWAL:
The County shall have the option to renew this agreement after the original terra, 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
puarnpout vessels and associated equipment and infrastructure. It is the Contractor}s responsibility to
maintain all permits and licenses that may he 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. goof 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 req-uired to conduct its business, and that it will at all tunes conduct its business activities in
a reputable manner.
VII. INDEPENDENT CONTRACTOR:
At all tunes 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 tithes exercise independent, professional judgment and
shall assume professional responsibility for the services to be provided.
will. STAFFING:
Since this contract is a service agreement, staffing is of paramount ihnportance. 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 he employees of or have any
contractual relationship with the County.
E. All personnel engaged in performing services under this contract shall be fully qualified,
and, if ` required, to he authorized or pemtted under State and local law to perform such
services.
I, UTILITIES:
The Contractor shall be responsible for payment of any utility charges associated with the mobile
pwnpout 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.
4
November 20, 2012
I. 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
OU TY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (il) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, darnage, fine, penalty or
business interruption, and (Iii) any costs or expenses that may be asserted against, initiated with respect
to, or sustained hy, 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
tern of this Agreement, (B) the negligence or Sri l l l 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 daring 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 rewired insurance, the Contractor shall indemnify the County from
any and all increased expenses resulting from such delay.
The first ten dollars ($10.0o) of remuneration paid to the Contractor is for the indemnification provided
for above.
II. 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 pumpou t 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 -Tide Mobile vessel Rurnpout Service in Monroe
County. If a prospective donating entity is unwilling or unable to comply with the foregoing
reui rement, then the Contractor may not accept any donations from that entity.
III. 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 -Fide Mobile Vessel Furnpout
Service in `gas is" condition, and the Contractor shall alloy the County to inspect said facilities and
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 fall responsibility therefor. The provisions of the Contract
sham 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.
. MArNTENANCE, IMPROVEMENTS AND CAPITAL. ASSETS.
The Contactor 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.
V1. NON-DISCRIMINATION:
ATION:
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 discrinmination 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
discn4mination on the basis of race, color or national origin; ) Title EK 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 1971, as amended (20 U C s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101- l 07) which prohibits discrimination on the basis of age; ) The Drug
Abuse Office and Treatment Act of 197 (PE 9 -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 1-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; ) The Public Health Service Act of 1912, ss* 523 and 527 (42 U C ss.
90dd-3 and 0ee-3), as ainended, 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
nondiscrinn'nation 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 h. 13, Art, VI, prohibiting discrimination on the
bases of race color, see religion disability, national origin
} � � � x , ancestry, sexual orientation, gender
identity or expression, familial status or age; and 1 l) 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 perfonnance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authonized representatives shall have reasonable and
6
November 20, 2012
timely access to such records of each other party to this Agreement for public records purposes dufing
the term of the Agreement and for five (5) gears following the termination of this Agreement. If an
auditor employed by the County or Clerk determines that morales paid to the Contractor pursuant to
this Agreement were spent for poses not authorized by this Agreement, the Contractor shall repay
the monies together with interest calculated pursuant to Sec. 55.03, F , 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 her
an independent Cerfifled 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 Contractor7 s fiscal year.
The Contractor shall also allow the Counter to inspect the Contractor's facilities, equipment or vessels
at any reasonable time.
VIII. PUBLIC RECORDS:
The Contractor shall comply with the Public records laws of the Mate of ` Florida, subject to any
provisions providing exemption from disclosure.
XIS, BREACH OF TERMS BY CONTRACTOR --
The passing, approval} and/or acceptance by the Counter of any defect in the scm'ces fumi sled her the
Contractor, shall not operate as a waiver her the County of strict compliance with the terms of this
Contract, and specifications covering the services. Any Contractor breach of this agreement shall he
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 Contractor7 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 7s normal business hours.
XX. TERMINATION WITHOUT CAUSE.
The Counter 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 teminatlon. Compensation shall he
paid to Contractor through the end of provision of services or for the thirty (30) plays, whichever is
shorter.
XXI* TERMINATION wI'I'H CAUSE*
The Counter may temu'nate this agreement for cause if the Contractor shall default in the performance
of any of its obligations under this ag m-nent. Default shall include the occurrence of any one oft the
following events and same is not corrected to the satisfaction of the Counter within fifteen ( 1 5) days
after the Counter provides the Contractor with written notice of said default:
a. Failure to provide purnpout services to l iveaboards as described in this contract.
b. Failure to comply with local, state, or federal mules or regulations pertaining to the operation
of pumpout vessels or the handling and/or treatment of vessel waste.
7
November 20, 2012
c, Breach of any other term., condition or requirement of this agreement.
II. ASSIGNMENT. -
The Contractor shall not assign or subcontract its obligations under this agreement, except in wnti n
and with the prior written approval of the Board of County Commissioners of Monroe County and
Contractor, which hi ch approval shall be subject to such conditions and provisions as the Board may deem
necessary, This paragraph shall be incorporated by reference into any assigment 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.
p
III, COMPLIANCE WITH LAW:
In prodding 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 includin g
g
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 immediatelyupon delivery of written not* ce of termi nation 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 an
manner with the performance of services rewired 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 c ubliposition,
conflictingl p
employment oyment or contractual relationship; and disclosure or use of certain
information*
. FINANCIAL RFSPON S I B ILITY:
The Contractor shall not pledge the ounty's credit or make it a guarantor of or payment surety for
p y any
contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further
warrantsand represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms this o f hi s contract.
November 20} 201
XXI. NOTICE REQUIREMENT:
Any notice required or permitted under~ this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other parly by certified mail, returned receipt requested, to the
following
FOR COUNTY:
Monroe County Administrator
1100 Simonton Street
Key west, FL 33040
FOR CONTRACTOR:
and Growth Management Director
2798 overseas Hwy.
Marathon, FL 33050
Donnie Brown, Pumpout, USA
1150 Highway 8 3 North
DeFuniak n s Florida 3 433
XXI I. TAXES. -
and County Attorney
1 111 1 " t., Suite 408
Key west, FL 33041
The County is exempt f turn 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 supplim for matedals used
to fulfill its obligations under this contract, nor is the Contractor authorized to use the ounty"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.
XXIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the lags of the State of Florida
applicable to contracts made and to be performed entirely in the Mate.
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 of 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 net subject to
arbitration,
XXIX PUBLICENTITY TIME STATEMENT.
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: 3 , 000. oo .
9
November 20, 2012
X. AUTHORIZED SIGNATORY: 'fhe signatory for the Contractor, below, certifies and
warrants that:
(a) The Contractor's Warne in this agreement is its full narne.
(b) He or she is empowered to act and contract for Contractor.
XX1. 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 penmtted by later 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 conies as close as possible to the intent of the stricken provision.
XXIL ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that M' 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 attorneys fees, court costs,
investigative, and out-of-pocket lexpenses, as an award against the non -prevailing party, and shall
include attorneys fees} courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
XIII. 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
r
assigns,
=I . AUTEOI ITY
Each party represents and warrants to the other that the execution, delivery and perfbrrnance of this
Agreement have been duly authorized by all necessary County and corporate action, as rewired by
laver.
XXv+ 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. COTJNTY and CONTRACTOR specifically agree that no party to this
Agreement shall be requlrcd to enter into any arbitration proceedings related to this Agrminent,
10
November 201 2012
XXvl. NO SOLICITATION/PAYMENT
The OT Tand ONTRA TOR warrant that, in respect to i
` ' tself, 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 empl o free 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 oared, or otherwise recover, the full amount o f such fee, commission, percentage,
if sg
g o r con , 1 deraion.
XXXVII. NON -WAIVED 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 he
deemed a waiver of inununity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY he required to contain any provision for waiver.
XXvXII. NON -RELIANCE BY NON-PARTIES
No person or entity small he entitled to rely upon the ternns, 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.
XXIX. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall he deemed to he a covenant or agreement of any
member, officer, agent or employee of COUNTY in his or leer individual capacitor, and no member,
officer, agent or employee of COUNTY shall he liable personally on this Agreement or he subject to
any personal liability or accountability by reason of the execution of this Agreement.
L. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall he 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,
November 20, 2012
LI. 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 riot a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
.
LIl. INSURANCE POLICIES
Contractor shall famish proof of insurance prior to execution of this Agreement by the County,,
Coverage shall be maintained throughout the entire terra of the contract, failure to maintain coverage
shall be considered a valid reason for County to terminate this Agreement.
Coverage shall he provided by a company or compan1 authorised to transact business to the state of
Florida.
If the CONTRACTOR has been approved by the Flon'da" s Department of Labor as an authorized self -
insurer, the COUNTY shall recognize and honor the CONTRACTORS 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 Counter.
a) General Insurance Requirements for other CONTRACTORS and Subcontractors:
As a prerequisite of the work govemed, 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 rewire all subcontractors to obtain insurance consistent with the attached
schedules. CONTRACTOR shall ensure that any and all subcontractors maintain the same types and
amounts of insurance required of CONTRACTOR. The COUNTY shall be nor-ned as an additional
inured on all subcontractors' liability policies. Upon request of COUNTY, CONTRACTOR shall
provide such evidence of insurance rewired of the subcontractor.
The CONTRACTOR will not be pernnitted to commence work governed by this contract (including
pre -staging of personnel and material) until satisfactory evidence of the required insurance has been
famished to the COLNTY as specified below, and where applicable CONTRACTOR shall provide
proof of insurance for all approval 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*
November 20, 2012
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either
0 Certificate of Insurance
or
0 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 theCONTRACTOR'S insurance shall not be construed as relieving
the CONTRACTOR from any liability or obligation assumed under this contract or unposed 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 commenmment 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
i i
mimmum;
Insurance Reguirement Rgui red I inuftsts
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 Janes Act (46 U. . .A. subsection 68 8) 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:
00,000 per person
3 00,000 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
00,000 per person
3 00,000 per occurrence
00,000 property damage
Pollution Liability $ i 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 durance which will respond to bodily injury, property
darnage, 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, ansln g out of ` the services governed by this
contract.
The minimum limits of liability shall he:
$1 Million per Occurrence
If coverage is provided on a claims trade basis} an extended claims reporting period of one (1) year
will he required,,
Monroe County and its Board of County Commissioners shall he 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 tenors no less restrictive than those found in the standard "American Institute
Hull Clauses" (June 2, 1977 edition). Coverage shall he maintained throughout the life of the contract
and include} as a minimum:
Injury (including death) to any person
■ Damage to Fixed or Movable Objects
0 Costs Associated with the removal of Wrecked Vessels
* Contractual Liability with Respect to this Contract
If the policy obtained states that overage applies for the "Acts or Omissions of a Vessel", it shall he
endorsed to provide coverage for the legal liability of the shipowner.
The minimum limits acceptable shall he;
$1 Million Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) stall be subject to the approval of the
County.
Monroe County and its Board of County Commissioners shall he named as Additional Insured on all
policies issued to satisfy the above requirements.
14
November 20, 2012
LIII. ENTIRE AGREEMENT
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement gust he in writing and
he executed in the same manner as this agreement.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date fist
written above in four (4) counterparts, each of which shall} without proof or accounting for the ether
counterparts, he deemed an original contract.
(SEAL)
Attest-, AMY HEAVILIN, CLERK
C7
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF O E COUNT LOIDA
By: )1�
SAayor Geo'rge exigent
M _ -
ON E COUNTY ATTORNEY
A P OVE D AS To F RM
Own
MM
PUMA' T SA, IN .
y; ��l1�L, gy. , .G �C�
_ NESS ,
Print panne: Pnnt name and title: p,QeS�
By: � .
WITNESS
Print name: �6tA&aL . gle,r
STATE OF [ IP V r, �i
.::r
i r
On this day of �� 1 before me the person whose name is subsenhed above,
p c e,
and who produced Vj�1 1& e-ntificaticn, acknowledged that he/she is the person who
executed the above Contract for the purposes therein contained-
0 P u lie
F .wit
Print Na ar ..�.�.; �E �O
5.
W My COMMMON # EE 24991
My commission expires: Seal � , ���� RES.- &MkWw 2, 2014
15
November 1311 201
LOBBYING AND CONFLICT OF INTEREST CLAUSE
ETHICS CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO, 010-1990
MONROE COLINM FLORIDA
(o pany)
0... 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. 00-1990 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 i to the former ent y officer or
employee."
(i§n a� rye
Date:
STATE OF:
COUNTY OF4.
Subscribed and sworn to (or affirmed) before me on .� - aC (date) by
LIN Cj LkLof name - f' { of � ant }. He/he is personally known to
1
me or has producedP,11)L(.jzL to Alr 4 4-- '- �� � � (type of identif ioa#I cn)
as identification.
16
a zo -
NOTARY PUBL16
My Commission Expires:
0.1113411
* 1401.81Y P11611V - Stole 04 Florida
My Cc+ritir1 I xpires Apt 1 2014
sfl�ll�t��
November 13, 2012
() () I �> I k iii d
SON -COLLUSION AFFIDA
of the cityof
according to law on my
oath, and under penalty of perjurer depose and say that
a, ' 44e - - of the firm of
Jog the bidder making the
Proposal for the project Ascribed in the Request for Proposals for
C'iaw aLf and that I executed the said
proposal with full authority f6 do so;
b. the prices in this bid have been arrived at independently without collusion, consultation,
communicaVon 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 lain, 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. 7
STATE OF. -
COUNTY OR
Date: ��- 04�0410J#00
Subscribed and sworn to (or affirmed) before me on
., (date) by
LID v cI 'J o I L (name of affiant). He/She is personally known to
me or has produced
p - (type of identification)
as identification,
r
I Fe
NAY ppiac • Sim 1 r10iid� NOTARY Ply 13L l
� holy CoMfl� f xp1#ab Apt 7 b Z �l
Icy Comar�ssaonpIres, - a {
17
ov mbor 13, 2012
Th undersigned ven
01-61 jook+
(Name of Business)
D U -F EE WORKPLACE FORM
for in oeordance with Florida Statute 287.087 hereby certifies that:
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.
. Inform employees about the dangers of drug abase 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.
. Give each employee engaged to providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement spe clfied 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 89(FloridaStatutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (6) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilltation program if such is available in the employee's community, or any employee who
is so convicted.
. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person a uth oozed to sign the stateme//1;/iithisfir complies fully with the above
requirements.
(S n re)
Date:
STATE OF;
COUNTY OF: 1,11,4Z. To
Subscribed and sworn to or affirmed before me on - r data
Des f
Y 1 V ( name of off a nt). He/S he is persona Ily known t c
a
me or has produced y� # f �U.r 4 (type of identification)
as� t'� �ti n
. ����
3 + PEGGY A THAFAMILL (2
. "CIVY P1011C - S IM III Fiof#dl 1_2 e-,
6 P My Comm Fvplrez ArA ;>. 2014 NOTARY FU BL I
y Commission Expires. J .. l
Is
owtuber 13, 2012
PUBLIC ENTITYCLIME 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 olds 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 Frith 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 Res ondent`s name nor
l
any Affiliate has been placed on the convicted vendor Ilst Wthi n the 1 st 36 months.
(Si�nat"
Date.
STATE OF: Yie)fel A
COUNTY OF. -
Subscribed and sworn to (or affirmed) before me on 0 ' (date) by
l�name of affl n
{ a #), He/She is personally known to
me or has produced �k-� ��- ' /\,L, -L LIL
-�L (type of identlficatlon)
as identification.
ZZ..
NOTARY PUBLI
My Commission Expires:
# Natti Y P"t41-C State 01 FI0e14a
Sim
IR
Nnvel?lher r :3} 201?
espondenCs Insurance and Indemnification Statament
Insurance Ike tilrem-ent Re-aiiii-ed Limltj
Worker's Contpensation $1005000 Bodily Injury by Accident
$5 00,000 Bodily Injury ury by Discasc, policy limits
l 00,000 Bodily Injury by Disease, each employee
Recognizing that the work gove ed by this coat met involves Maritime Operations, the ContractoA workers
Compensation Insurance Policy shall include coverage fog- elahns subject to the Federal .Tones Act (4(
U. . .A. subsection 698) with Izr its not less Wan $1 Million.
The Contractor shall be pei-n-litted to provide Jones Act Coverage through a separate Protection and Indemnity
Policy, i n so far as the coverage provided is no Icss restrictive t1m world have been provided by a workers
Comper rt iort policy.
General Liability 300,000 Combined Single Limit
I f spl it limits are provided, the minimum l i nii is acceptable shall be:
$200,000 per pe rso n
$ 300,000 per eeeurr nee
$200,000 property damage
Vehicle Uability $300,000 Combined Single Limit
If spli t 1iwrits are provided, the rnillim xtll limits acceptable sllall be:
$ 00,OOO per person
$300,QOO per eeerrrrence
$200,000 property damage
Pollution Liability $1 Million per Occurrence
Recognizing that the work governed by this contract involves the storage, treatment, p-ocessi ng, or
tr a nsp it i ng of potentially po l i at ing ni ateFia i, the Contractor shall px irchase and maintain, thiDughout
the life of the contract, pollution Liability insurance which will respond to bodily irlj ury, property
damage, and environmental damage caused by a d i. harFgu of wastes which Hell are go veined by this
CONO-U td rl+he policy must spe er f cti lly idurr ti fy this contract and specify that coverage will extend to a l l
losses, Blain-dng pollution or environmental impairment, arising out of the services govemed by this
contract.
'i'Ile r ullnilrrn ninits of Iiability shall be;
$I Million per Oeeurn tree
If Beverage i s provided on a el aims made basis, an extended a lai rns rc p�rtzng period o I` one { i � year
will be r'eq�rr�Fed,
The Monroe (: o unty Board or county Cownissiie ners s 11a1I be iiained as an Additional Insured.
0
November ) 3, 2012
Watercraft raft Liability l Million Comhincd Single Limit (CST.)
Prior to the comnicucenient of work governed by this contract the Contractor shall obtain Water Craft
Li ab iRty Insurance with torins no loss restrictive than those found in the standard 'American Institute
Hull Clauses" (June 2} 1977 cd i trot i) * Coverage shut l he maintained throughout the life of the contract
and include, as a initli mum:
• 111jury (including dcath) to any Pei -sore
• Damage to Fixed or Movable Objects
• Costs Associated with the a nioval of Wrccked Vessels
• Contractual Liability with Respect to this Contract
If the Policy obtained states that coverage applies for the "Acts or Omissions of a gel", it shall be
endorsed to my idc coverage for the legal liability of the shipowner,
The m i ni nwin limits acceptable shall he:
1 Million combilled Single Limi, t (CSI,)
Coverage provided by ar Protection and ln&innity Club (P&I) shall he subject to the approval of the
County.
1"he Monroe County Board of County Coma ssioners shallbe named. as Additional Insured on all
policies issued to satisfy the above rcqui tsenients.
fNDEMNiFfCATfON AND HOLD HARMLESS F,QR,Q0M8UI TANTS AND §UBCOfVSULTAhi�S
Notwithstanding any minimum Insurance requirements prescribed elsewhere In this agreement, the Despondent
covenants and agrees that he shall defend, Indemnify and hold the COUNTY and the COU NTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (0) any
litigation, administrative proceedings, appellate proceedings, or other proceedings reiating to any type of injury
(including death),` loss,damage, fine, penalty or business interruption, and (i ii) any costs or expenses that may
be asserted against, initiated with respect to, or sustalned by, any indemnlffed party by reason of,, or in
connection wlth, (A) any achvity of Despondent or any of Its employees, agents, contractors in any tier or other
invitees during the term of this Agreement, (8) the negligence or wiliful misconduct of Despondent or any of Its
employees, agents, respondents in Zany tier or other invitees} or ( ) espo lent's default in respect of any of the
obligations that It undertakes under the terms of t s Agreement,, except ito the extent the claims, al, aclJ#ns, causes
of action, litigation, proceedings, costs or expenses aOse from the Intentional or sole negligent acts or negligent
acts In part or omissions of We COUNTY or any of its empioyees, agents, contractors or invItees (other than
RESPONDENT). Insofar as the claims, actions, causes of action, 110gation, 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 Despondent 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 Contractoes 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 ($1 o.0o) of remuneration paid to the Respondent is for the Indemnification provided for
above.
The extent of liability is in no way Iirnited to, reduced, or lessened by the insurance requirements contained
elsewhere within this agreement,
RESPONDENT'S STATEMENT
21
November 13, 2012
I understand the insurance the I will be mandatory if awarded the contract and will comply in tug with all the
requirements.
f Respondent� � �g atureD Date
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 ida 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 Zvi l l provide mobile vessel pumpout service consisting of a rlaini mum
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 ll
work 8 hours per day, 5 business days per week in the areas designated on the attached
Mobile Pumpout Service Coverage Map (Attachment Each pumpout vessel placed
into service will be capable of servicing up to twelve vessels per day and each will be
trai lerable to locate to other service areas, as heeded.
The pumpout service, provided at no charge to all recreational vessels in the
unincorporated waters of Monroe nroe 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
). 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. Purnpout 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 Purnpout USA to register for routine
pumpout service (see Registration of Customers below), which will assist in streamlining
the set -rice 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).
If
Vessel waste will be offloaded and properly disposed of utilizing fixed purnpout stations
located throughout the Keys, and when necessary hauled out by licensed haulers.
2. Stafflne
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 he authorized or permitted under State and local law to
perfo nn 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 purnpout indus try.
The Project manager will maintain an office at Mote Marine Laboratories in Summerland
Key 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 co nceming ;`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. Registradon 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. Capon the first
visit by the pumpout vessel the pumpout vessel operator will affix the identification decal
to the how of the vessel (adjacent to the state vessel registration decal location), and
attach the orange service banner to the boar rail.
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 a l lows the
Pumpout USA pumpout vessel operator permission to pumpout the participating vessel
and board the vessel, if necessary.
4. Public Educa#'on
Pumpout USA will develop a website, public education materials, instructional materials}
marketing materials, and registration packets in support of the mobile vessel purnpout
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 participaUn
g
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 Prod ect Manager (or his/her designee) will also partie ipate in, and promote clean
grater through this pumpout service at public gatherings, marina meetings, Fishing Clubs,
Civic Organization Meetings, Secondary Education Science Classes, etc.
5. gordivation with Countv staff and F C
Pumpout USA will identify to the F WC 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.Egrnpout Logs
Signed monthly pumpout logs will be submitted, specific to each pumpout vessel and
broken down by service area, indicating the number of purnpouts performed, volume of
sewage pumped out, and number of individual vessels pumped out.
. Quarterly Deports
Pumpout USA will submit signed, notarized quarterly reports showing:
* Number of purnpouts performed in each service area (including number of out of
state vessels) and total for the Keys
9 Gallons of sewage pumped from each service area and total for the Kcys
# Total number of individual vessels pumped out
* The routes and locations of the pumpout vessels
* Gallons of fuel used in support of program
0 Education and outreach aetivi t ies
3. Invoicinja
Pumpout USA Sri l i submit a signed invoice on Pu mpout USA letterhead for each
quarter's payment, as stipulated in the contract. The invoice cost (as described in the
contract) will he based on a per unit rate,
Mobile Pumpout Service
Coverage Map
Keys -Wide Area
Data Source. Monroe County - Manne Resources � GIS
Land
Municipality Jurisdictional Waters
Mobile Pumpout Service
Coverage Map
Key West Area
R! r
114
4
4
U.
L
Managed Anchoring Zones
Land
i municipality Jurisdictional Waters! I
DiEktj3 Scur,-e Monroe COunty - NWne ftswroes - GIS
11-1
0
4, 1
75
ii 1 �• ,
i3
rr Coin Hens
1�
d
Mobile Pumpout Service
L •
• A f ■
Coverage F
- ` - 6 t 1 •>
A 6 L
Mawpw:,.
N
Vi'llagef Islamorada a
r
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r
1
a
. F
LI
A
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r JO
Ir• . h ; �a1
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r ,i•
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y Land
Municipality Jurisdictional Waters
IP
Mobile Pumpout Service
Coverage Map
Marathon and
key Colony Beac- h Areas
, V4Z4 ,
ae
•
:q
Land
Municipality Jurisdictonal Waters
Data Source: Monroe County - Marine Resources - GIS
ACORD 25 (2010105)
1?" CERTIFICATE OF LIABILITYDAn1MWD�I
hmm�/2013
THIS CERTIFICATE IS ISSUED A S A MATTER O F INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, 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 MOLDER.
IMPORTANT,, If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cartlflcate dcms not confer rights to the
certificate holder In Ileu of such endorsements .
PRODUCER CONTACT
NAMEA atria, Inc - Ft. Myers Office PH
091 Colonial Blvd �+ ;
Fort Myers FL 339M
.I�ArL
—1jsuRERLsI AiFF0 lwNo COVERAGE NAM M
IN$I.IIEC RU M RU A-
01 i INSURER 0
P MPOUT U. S.A., INC INSURER c
1150 HWY83H-
De Funiak Springs FL 32433 -- RERo '-
UYsURER E 0.
INSURER F.
COVERAGES CERTIFICATE NUMBER: 324517120 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOT ITHSTANDINO ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH'CH THIS
CERTIFICATE MAY BE ISSUED OIL MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
6T R TYPE OF WSURANCE
POLICY Ef1t Po1J�Y Ext} �- -- - -
I wvD PWCY I of a UMITS
A GENERAL LIAGIUTY Y IY ,ZOL1 A1-/37T8 12/1812012 2/1 a12013 EACH OCCVRRENCF.
k$,-
1.000
,D0
X COMMERCIAL GENERAL LIA$ILITY CLAIAS-MACE OCCUR ��nx ±t�n) I S104000
Marine Li l PERSONAL & ADV INVDRY $1,00I,00C 10�
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GENERAL,4G(3REGATE S2.0001000
LGL A40REGATE UMIT APPLrES PER: •- _
-1 PRE PRCK)WTS COMP AOO $2 DDQ 000
IV, POLICY j LDC I S
I AuiromoBRE umpuw I
_ ANY AUTO &WILY IN1URY [Per pf sm)
ALL OWNED --I SCREDULE0--
I AUTOS V4A+IED S LY INJURY for accdenil
HIRED AUTOS AUTOS�E 'I S
' UAI I ELI.A LIAR OCCUR , EACM OCCURRENCE S
EXCE LIAULd CLAIMS -I
_ _._ I AGGREGATE $
DEd RETEwnoN S
WDRISERS COMPENSATION VC STATUL-1
FI-
AND EMP oyr=W LIABILITY' � + __Y� N L�C.�i�li�
A NY PROP'RI ETCRJPAR TNERrEXECU I IV E N f A . E . L. EACH AC ils S -- I OFFICERNEMBER EXCLUDEG"x
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' DESCRIPTION OF GPEFLAT OIS brow 1 � FE L. DISEASE -POLICY LiIW'r
1lasW Liabdity Y Y 'SMeei]%582 12P 8f2012 1 Z11 W201 S i Vessa1 LIab 1,000,E
Pollution Liability
I I i Medical 5,000
I e
I '
DESC RIPT110N OE OPERATI DNS I LOCATIONS; VEHICLES I Aftch ACORD 101. Addllional Remarks Srhmdule, 'f more apace is r"ulred)
ert holder is afforded additiOna insured coverage with regards to Marine and Vessel liability
r_1zRTsP&r__ATr. unt nom
Monroe County Board Of County Commissioners
1100 Simonton St. Room 2268
Key West FL 33040 AU�oRILED aEIRESENTAME
fg8S-2010 ACORD CORPORATION. All rights reserved.
The ACORD name and I age are registered mares of ACORD
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE MILL BE DEUVEREa IN
ACCORDANCE WrTH THE POLICY PROVISIONS.
PUMPOU 1 JMARN
�aTE IMMO rrr Y)
CERTIFICATE OF LIABILITY INSURANCE F 119/2013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY DR NEGATIVELY AMEN Dt EXTEND OR ALTER THE COVIERAC31E AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSU RERJSjt AUTHORIZED
REPRESENTATIVE DR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT. if the certlflriate holder Is an ADDITIONAL INSURED, the pollcyi es) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, Certain policies may require an endorsement A statement on thfs certificate does not confer rights to the
Certificate holdeT In lieu of such en darsemen gs).
PRODUCER CONTACT
NAME:
34 Gulfstarr Drive Ofts PHDw�� Extb (S� 650-1960 Na 8 0-9288
Destln, F L 32541 �IL
...�._
INSUPERIS) AFFDROCNG COVERAGE
NA PC is
INSURER A Jechnoloff Insurance CompAny, Inc.
42376
INS1JREO
IN ER s ;
Pump Out USA
IN"ER C:
1160 Hwy 83 North
INSURER O:
De Funlak Springs, FL 3243.3
INSURER E:
iM�SURER �
COVERAGES CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE
INDICATED. I~ IDTVvITHSTANOINO ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT ViATFI RESPECTTD
POLICY PER(OD
WHICH
THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURAMC E AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMNS sHOVM MAY HAVE SEEN REDUCED BY PAID CLAIMS,
L IV TYPE OF INSURANCEKa POLCY NUMBER
!� IIiwea" LISTS
GENERAL DA$iL1TY
EACH OCCU RRg DICE �
DOMMERCKL GENERAL LIAB1LIT 'I
PREI�ISES (Ea aoaxrs+�x,
D IJrlt$rI4�1�1 �
MEC EXP (Any om Wson) $
PERSONAL &ADV INJURY $
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GENERAL AGGREGATE $
GEKL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMPOOP AGG 5
P0LIC PRE F-1 LOC
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A4ITOMOBiLf UAEIJLFtV
COMBINED ' LI l
fi
* Ee
+4N AUTO
BODILY INJURY IPe!r person) S
ALL EO SCHEDULED
AUTOS AUTO$
- � BODILY INJURY (Peraoadenl) 5
HI#tEO AUTOS AIJTN E
PROPERTTINNrAN
$
PER ACCIDENT
$
UMBRELLA LIAR OCCUR
EACH OCCURRENCEE
EXCESS LIAi� CLAIIS4rADE
AWREOATE
QED RETENTION $
$
WDRIKERS COMPEN ATOM
ANO EMPLOYIE ' LIAl3Lr1Y
Y i�4TLl$ OYNi
Y f l
A ANY PROPRIETOPJPART14ERC-XECUTIVE X TWC3336203
OFFICEIt1I�rrEMI3ER EXCLUDED? � NIA A
10112 2012 10111 013 E.L EACH ACCIDENT $
'1,000,0i
(Mandatory In NF[)
It yes. desa*e under
E L. DISEASE - EA EMPLOYEE S
11100000
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY Llmr7
I F00S100
OEBCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Atteerl ACORD te1. Additional R*M ft SGheduia, if more spwe Is requlmd)
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED SSFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE 1MTH THE POLICY PROVISIONS.
Board of Monroe County Commissioners AUTHDl1ZEO REPnSENTA'"VE-
t1 00 Simonton St I
RODm 2268
jSp r Wes k FL 33040
CD 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 J2010105) The ACORD name and I0ge ars T egistered marks of ACORD
IFLORMA DEPARTMENT OF ENYMONMIEN 1 AL PROTECTION
CLEAN "LESSEE ACT GAT ]PROGRAM
]CEP Agreement No; MV106
For CVA12-673
PROJECT AGREEMENT
TH15 AIR F NT is entered into between the STATE OF FLORA DEpAR
TNMW op
ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard
, TaUahassee, Florida 32399-3000
Oiereinafter fmTed to as the `Vepartmenf' or "DEP") and PUMPOUT U.S.A., INC., whose address is 1150 Highway
North, DeFunia.k Springs,, Florida 32433 (hereinafter referred to as the "'Grantee" 3
�e or,��ec�rent���� a FloridaCorporation, to
conduct a Clean Vessel Act ant, CVA12-673, but USA, approved under the Clean Vessel Act Gant P
(CFDA 15.616NProgram
WHEREAS, the Deparhment is the recipient of federal financial assistance from the Depataznt of lnteior, U.
S.
Fish and wildlife Service; and,
as the result of this Agreemmt the Grantee has been determined to be a subreci ient of federal
financial assistance from the U.S. Fish and wildlife Service. p
NOW, TMUFORE, im conslideration of the promases and the mutual benefits to be derived bmfro
Department and the Gm ntee do hereby a� as follows: m, e
1. The Agneeniont shall be perfonn,ed in accordance with Public Law 102-587, Subtitle F, the Clean Vessel t
1992, and the Federal Clean Vessel Act Grant Fro Guidelines 50 CFR Act of
� � Parts S� and g5} which � hereby
incorporated by reference as if fully set forth herein.
2. The Santee agrees to conduct the project known as the Clean Vessel Act Grant, CVA 12- 73 P
acrdamce with the terrr� and n�tians set fi in this A � ut USA, iri
� Stage of w`o�r� �d Conditions provided
as Attaebument A, aW all exhibits and attachments referenced hereii and made a part hereof.
3. By executing this Agreement, the Department cerdfles that a site visit has been conducted by D
eparunent
personnel to verify and document that the project activities and location of the work described in Aftchmant A
meet the categorical exclusion criteria under the National Fnviron=nW Policy Act EPA tiviti
es
conducted as a r�u.1t of this A twill have �
and that ac
.. no xtTact an any species limed in the N ei criteria. The
department will rnazntain thesitewit documentation in its files in Tal.iahas in accordance with the conditi
ow
of the Department's source ant agreement with the U.S. Fish and Wildlife Service.
4. A. This Agreement shall bed upon =ecution by both parties and r main in effect fora period o
(12) months, inclusi�re. This A p f twelve
�t may be amended to provide for one 1
services based on the suers of additional p � addition year of
protect and whether add�o funding is made available by the U.S.
Fish and Wildlife Service and/or the Florida Le&latrine.
B. ba the event of a mange in ownership, the Grantee is required to notify the Departr=t in wr�i ' of such
chnF no later than ten (10) days alter the change m ownershi
� P oe ems} and the Grantee is required to
nota.fy the new owner of this Agmement the obligation to contbaue mae aud operations as well as
reporting for the remai ' life of this Agmerent 'or to the change. The "mill of Sale" or other official
document transfenring ownership shall include these grant requiremnts. Any change iu own will
nquire an amendment to this Agreement Should the � new owner reface to assume the obligations as set
forth m #his Agreemmt, the onoml Grantee shall reimburse the Departrwnt for the value of the
equipment as specified in 43 CTIZ, Part 12.72.
5. A. As oonsideration for the services rendered by the Grantee under the ter= of this Agreement
gre gent, the
Department shah pay the Grantee on a combination fee schedule/cost reimburs=wt
basis an amount not
to exceed $539,784.13 toward all eligible costs associated with the Proj t as de ribed ht Attachment
A, Scope of work and Conditions. Th s Ageement may be amended to provide for additional serVices
DEP Agmment No. MVI06, Page 1 of I I
if additional funding is made available by the U.S. Fish and wildlife Service and/or the Florida
Leg is lature.
E. Prior written approval front the Department's Grant Merger shall be required for changes within
approved task budget categories of up to l 0% of the total task budget amount. The DEP Grant Manager
will Vansmit a copy of the written approval and revised budget to the DEP Procurement Office and the
DEP Contracts Disbursements Office for inclusion in the Agreement file. Changes greater than l 0% of
the total approved task budget will require a for=l change order to the Agreement. Changes that transfer
funds from one task to another or that increase or decrease the total funding amount will require a formal
amendment to the Agreement.
C. The Grantee shall be compensated on a comnbhwion fee schedule/cost reimbursement basis for a] i
eligible project costs upon receipt and accePtRnce Of a properly completed Attachment B, Grant
Payment/Match bequest Form, an invoice, and supporting documentation. Supporting documentation
shall In an invoice on the Grantee } s letterhead clearly marked as invoice# an itemized ed listing
category) of all expenditures claimed mcludin the � g s
clear/ reflecting � g of service. Receipts ar�1 lied checks
y cti g the dates of service and back-up documentation, including any subcontractor invoices if
applicable, shall be submitted with each invoices The State Chief Financial Officer requires detailed
supporting documentation of all costs under a cost reimbursement agreement. In accordance with
Attachment C. Contract Payment Requirements, the Grantee shall comply with the minimum
requirements set forth therein. Costs directly associated with the proper collection and disposal of
sewage from recreational boaters for rernovad and disposal by sewage haulers will be reimbursed at a
reasonable rate. Reasonable rate will be the current salary of the employee performing the functions
which have been approved by the Department. No travel expenses are authorized undet� the terms of this
Agreement.
D. Invoices for the deliverables described %h Attachment A must explicitly reference the deliverables and
the grant award amounts associated with each deliverable. All bills for amounts due under this
Agreement shall be submitted in d it sufficient for a proper pre -audit and post-a"t thereof. Requests
for payment may be made in accordance with the schedule identified in Attachment q
A. The Grantee shall
submit a final invoice to the Department no later than fifteen { l 5) days following the completion date of
this Agreement, to assure the availability of funds for final payment. Each payment request submitted
shall document all matching funds and/or match efforts (i.e. in -kind services) provided during the period
covered b each request The final a �
y q payment will not be processed until the match requirement has been
met,} C1pot► approvel and payment of the final invoice, any remaining funds will be unencumbered.
E. The Grantee may also be required to submit a cost allocution plan to the Department in support of its
multipliers overhead in ' pp
dam, general administrative costs, and fringe benefits) if appircable. State
guidelines for allowable costs c be found in the Department of Financial Services' Reference Guide for
Mate Expenditures at h : /www.fld aad' lreference�/F aide and allowable costs for Federal
Pmgww can be found under 48 CFR Part 31 and Appendix E of 45 CFR Fart 74, at
lwww, access.g v a c efr-tabi e-search.html and OMB Circulars A-87 (2 CFR 225), AT l2
(2 CFR 30), A-21 (2 CFR o)# and adm isuative requirements can be found in OMB Circulars A-lo
and A-1 to (2 CFR 215) at httn-://www.whitehouse.jzovlomb/chularsfmdex.htrni4numerical.
F. The Grantee shall obtain of least two written quotes for the purchase of goods or services coati ng more
than $2,500 and less d= $ 100,000 and submit said uo#es to the nt for � review and approval of
the quote amount prior to the commencement of any work under this Agreement. Written quotes shall be
for items that are alike in function, operation and purpose. An explanation wii l be required whenever the
Grantft elects to use the vendor quoting other than the lowest price. The Department has the right to
reject all quotes and require additional documentation q e salmon supporting the projected Project costs. The
Department shall make no reimbursement from grant funds until this documentation has been provided
and approved. Any purchase over $100,000 shall comply with the procurement requirements described
in 43 CFR l .76.
G. Any Mate agency or agency of polities subdivisions of Mate which is rising appropriated Federal funds
shah comply with the requirements set forth 1n Section 6002 of the Resource Gonmrvation and Recovery
DEP AWtcni No MV1 , Pap of k 1
Act (RC A) (42 U.S.C. 6962). regulations issued under RCRA Section 6002 apply to any acquisition of
an item where the purchase price exceeds $ I0,000 or why the quantity of such items acquired in the
course of the preceding dal year was V 0,000 or more. RCRA Section 6002 requires that preference be
given in procurement programs to the purchase of specific products containing recycled materials
identified in guidelines developed by EPA* These guidelines are listed in 40 CFR 247.
1I. The parties hereto understand and agree that this Agreement requires a cost sharing or match in the form
of cash or third party in -kind, on the part of the Grantee. Matching funds will be met through Monroe
County under Agreement between Monroe County and the Grantee, attached as Exhibit I. The match
provided by Monroe County shall be at least 25 of the total amount actually expended on the Project.
All cost sharing/match shall meet the federal requirements established in 43 CFI� Fart 12 and OMB
Circulars A-87 (2 CFR 225), A-1 (2 CFR 230) and A-21 (2 CFR 0).
I. Allowable costs will be determined in aceor(hmce with the cost principles applicable to the organ tion
mcu ng the costs. For purposes of this Agreement, the following cast principles are incorporated by
reference,
OrganWtion Drpe
Applicable Cost Principles
Mate local or Indian, tribal oiier=ent.
OMS Circular A-87 2 CFR 2
Private non-profit organization outer than (l) an
OMB Circular A-1 (2 CFR 30)
institution of higher education, (2) hospital* or (3 )
organization named in OMB Circular A-122 as not
subject to that ci�ularr.
Education Institutions
OMB Circular A-21 2 CFR 229
For -profit organization Including an organhw1ion
48 CFR Part 3 l} Contract Cost Principles and
named in OMB A-122 as not subject to that
Procedum, or uniform cost accounting standards
circular.
that comply with cost principles acceptable to the
federal Mency,
]Hospital
45 CFR Subtitle A - Appendix E to Part 74-
Principtes for Detennintng Costs Applicable to
Research and Deve l op anent Under Grants and
Contracts with Hospitals
J. Pursuant to 48 CFR Pxt 31, donations m not allowed under the terms of this Agreement, 1t is o
understood that Exhibit I Will be amended in March, 2013 by Monme County to delete tws allowance
and to bring in the federal requirements required under this Agreement.
K. i. The accounting systems for all Grantees must easum that these Rinds are not commingled with
funds from other agencies. Funds from each agency must be accounted for separately. Grantees
are prohibited from com minglumg funds on either a program-by-prngmm or a project -by -project
basis. Funds specifically budgeted and/or received for one project may not be used to support
another project. Where a Grantee's, or subrec' ient's, accotiinting system cannot cornpi with
this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund
accountability for each project it has been awarded.
H. If the Department finds that these funds have been commingled* the Department shall have the
right to demand a refund, either in whole or in part, of the funds provided to the Grantee under
this Agreement for non-compliance with the material terms of this Agreement. The Cmwtw,
upon such written not i fi cation from the Department shall refund, and shall forthwith pay to the
Department, the amount of money demanded by the Department. Inte t on any refund shall be
calculated based on the prevailing rate used by the State Board of Administration, Interest shall
be calculated from the date(s) the original payment(s) are received from the Department by the
Grantee to the date repayment its made by the grantee to the Depwtnent.
iii, In the event that the Grantee recovers costs} incurred under this Agreement and reimbursed by
the DepartmeM from another source(s), the Grantee shall reimburse the Dement for all
recovered funds originally provided under this Agreement. Interest on any refund shall be
DEP Agwm-eni No. MV1061 Pie 3 of l 1
calculated used on the prevailing rate used by the State Board of Administration. Interest shall
be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment
is made to the Department by the Grantee.
6. The Mate of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future
approprxatto.
7. A. The Graixtee shall submit progress reports on a monthly his for the first four (4) months of the
Agreement and on a quarterly basis thereafter until the Project completion date identified in paragraph
4.A. Progress reports shall describe the work performed, problems encountered, problem resolution,
schedule updates and proposed work for the next reporting period. It is hereby unde tc od and agreed by
the parties that the tarn "quarterly" shall reflect the calendar quarters ending March 31, June 30,
September 30 and December 31. The Grantee shall utilize Attachment U, Progress Report Form} for
submitting its progress report. Reports shall be submitted to the Department}s rant Manager no later
than fifteen (15) days following the completion of the quarterly reporting period, The Departmenf s Grant
Manager shall have thirty (30) calendar days to review deliverables submitted by the Grantee.
B. The Grantee shall submit the following information monthly for the first four (4) months, then quarterly
thereafter; the gallons pumped, fees collected, vessels pumped, numher of out of state vessels} and
maintenance costs. This information shall be submitted to the Department on the form provided att;
h .sta .fl.us/cleanmarinWCVA/auarterly purn ut.htm throughout the period of this
Agreement identified in paragraph 4*A. This form shall be submitted to the Department's Grant Manager
no later than fifteen (15) days following the last day of the reporting period.
g. The Grmgee shall save and hold harrn,less and indemnify the Mate of Florida, the Department and the U.S. Fish
and wildlife Service, against any and all liability, claim, judgments or costs of whatsoever bind and nature for
injury to, or death of any person or persons and for the loss or damage to any property resulting from the use,
service, operation or performance of work under the terms of this Ag=ment, resulting from the negligent acts of
the Grantee, his subcontractor, or any of the employees, agents or representatives of the Grantee or subcontractor
to the extent allowed by law.
9. A. The Department may terminate this Agreement at any time in the event of the failure of the Gnmtee to
fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide
thirty (30) calendar days written notice of its intent to terminate and shall provide the Gmntee an
opportunity to consult with the Department regarding the reason(s) for termination.
B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty 30)
calendar days written notice.
C. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow
public access to all documents, papers, letters, or other material made or received by the Grant to
conjunction with this Agreement, unless the records are exempt from Section (a) of Article 1 of the
Mate Constitution and Section 119.07(l a), Florida Statutes.
10. If the Grantee materially fails to comply with the term and conditions of this Agi ement, including any Federal or
State statutes, rules or regulations, applicable to this Agreement, the Department may tape one or more of the
following actions.
A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee.
B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of
the activity or action not M comp Rance.
C. wholly or partly suspend or terminate this Agreement.
D. withhold further awards for the project or program.
!EP Agrwment No. MV 106, Pop 4 of I l
E. Take ether remedies that may be legally available.
F. Costs of the Grantee resulting f min obligations incurred by the Grantee dung a suspension or after
termination of the Agreement are not allowable unless the Department expremly authoftm there in the
notice of suspension or termination. Other Grantee costs dunng suspension or after termination which
are necessary and net reasonably avoidable are allowable if the following apply.
i. The costs result from obligations which were properly incurred by the Grantee before the
effective date of suspension or termination, are not in anticipation of it, and in the case of
termination, arc noncancellab Ie.
ii. The cost would be allowable if the Agreement were not suspended of expired nonual ly at the
end of the funding period in which the termination tams place.
G. The remedies identified above, do not preclude the Grantee from being subject to debarment and
suspension under Executive Orders 12549 and 12689.
I I . A. The Grantee shall maintain books, records and documents directly pertinent to performance under this
Agreement to accordance with generally accepted accounting principles consistently applied. The
Department the Mate, the U.S. Fish and Wildlife Service or their authorized representatives shall have
access to such records for audit purposes daring the term of this Agreement and for five (5) year
following Agmement oompletion. in the event any work is subgranted or subcontracted, the Oran
shall similarly require each subgrantee and subcontractor to maintain and allow mess to such records for
audit purposes.
B. The Grantee agrees that if any l itigartiorr, claim, or audit is started before the expiration of the record
retention period established above, the Ards shall be retained until all litigation, claims or audit
findings involving the records have been resolved and final acdon taken.
C. Records for rcal property and equipment acquired with Federal funds shall be retained for five (5) years
following final disposition.
12. A. The Grantee is hereby advised that the Federal Single Audit Act requirements may apply to lower tier
transactions that may be a result of this Agreement. The Catalog of Federal Domestic Assistance
(CFDA) applicable to this Agreement is 15.616 entitled Clean Vessel Act Grant Program. The Grantee
shall udlize the guidance provided under OMB Circular A- I33, Subpart B, Section .210 for
etermining whether the relationship represents that of a subrecip ient or gender.
B. If a subrecipient relationship is ideritified, the Grantee must include appropriate language in the
agwrnent to alert the subrecipient of its single audit responsibilities. The document entitled "FSAA
Standard Contract Language" can be found under the "Link lFornns" section appearing at the following
webs ite and is recommended for use in subgrants resulting from this Agreement.
h s- s.co
C. The Grantee should confer with its chief financial officer, audit ditector or contact the Department for
assistance with questions pertaining to the applicability of these requirements.
I3+ A. The Gran#ee may not subcontract work under this Agreement without the prior written consent of the
Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the
Department within ten (I0) days after execution. The Grantee agrees to be responsible far the fulfillment
of al I work elements included in any subcontract and ages to be responsible for the payment of all
ironies due under any subcontract. it + is understood and ag=d by the Grantee that the Department shall
not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that
the grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the
subcontract,
DEP Agmemad No. MV 106, Pap 5 of 1 t
B. Reimbursement requests for payments to subcontractors roust he substantiated by copies of invoices with
backup documentation identical to that required from the Grantee. Subcontracts which involve payments
for direct salaries shall clearly identify the personnel involved, salary rate per hour, and howsltime spent
on the project. All m ultip 1 iers used (i. e. fringe benefits, overhead, and/or genera 1 and administrative
rates) shall be supported by audit.. If the Department determines that multipliers charged by any
subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such
funds to the Department within thirty (30) days of written notification. Interest on the excessive charges
shall be calculated based on the pmvalling gate used by the State Board of Administration. Additionally,
independent of the Gmtee's contract obligations to the Subcontractor, the Department shall not
reimburse any of the following types of charges: cell phone usage} attorneys' fees, civil or admMi i tive
penalties, handlimg fees, such as set percent overages associated with purchasing supplies or equipment.
For wed price (vendor.) subcontracts, the following provisions shall apply:
The Grantee may award, on a competitive basis, fined price subcontractsto
consultants/contractors in performing the work described in Attachment A. Invoices
submitted to the Department for fixed price subcontractcd activities shall be supported
with a copy of the subcontractor's invoice and a copy of the tabulation form for the
competitive procurement process (Invitation to Bid or Request for Proposals) resulting
in the fixed price subcontract.
i i. The Grantee may request approval from the Department to award it fixed price
subcontract resulting from procurement methods other than those identified in the
paragraph above. In this instance, the Grantee shall request the advance written
approval from the Department's Cmint Imager of the fixed price negotiated by the
Grantee. The letter of request shall be supported by a detailed budget and Scope of
Services to be performed by the subcontractor. Upon receipt of the Department Grant
Manager's approval of the fixed price amount, the Grantee may proceed in Nali�ing
the fixed price subcontract_
iii. All subcontracts are subject to the provisions of this paragraph and any other
appropriate provisions of this Agreement which affect subcontracting activities.
C. The Department of Environ rnental Protection supports diversity in its procurement program and requests
that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The
award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of
minority owned firms that could be offered subcontrting opportunities may be obtainW by contacting
the Office of Supplier Diversity at (850) 487-0915.
D. The Grantee ig=s to follow the afrmnative steps identified in 43 G.F.R. 12 for its selection of
subcontractors and retain records documenting compliance.
E. Thda Agreement is neither intended nor shall it be construed tog t any rights, privileges, or interest in
any third party without the mutual written agmenient of the parties hereto.
F. This Agreement is an exclusive grant and may not be assigned in whole without the written approval of
the Department.
14. A. The Grantee mortifies that no Federal appropriated funds have been paid or will be paid, by or on behalf of
the Grantee, to any person for influencing or attempting to influence an offer or employee of an agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension continuation, renewal,
amendment, or modification of any Federal contract, fit, loan} or cooperative agreement.
B. If any f ands other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit
Attachment E, Standard Form-LLL, "Disclosure of Lobbying Activities" (attached hereto and made a
part hereof), in accordance with the instructions.
C. The Grantee shall mquke that the language of this certification be included in the award documents for all
subavvards at all tiers (including subcontractors, subgrants, and contract's under grants, loans, and
cooperative agreements) and that all subrecipients certify accordingly.
D. This certification is a material representation of fact upon wbieh reliance was placed when this
transaction was made or eintemd into. Submission of this certification is a prerequisite for making or
entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file
the required certification shall be subject to a civil penalty of not less tim $10,000 and not more than
$100,o0o for each such failure.
E. In accordance with Section 216.347, Florida Statutes, the Gnantee is hereby prohib ited from using funds
provided by this Agreement for the purpose of lobbying the Le islature, the judicial bnmch or a state
agency.
15. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this
Agreement. The Grantee ac know l edges that this requirement includes compliance with all applicable federal, swe
and local health and safety rules and regulations. The Grantee further agrees to include this provision in all
subcontracts issued as a result of this Agreement.
16. Any notices between the parties shall be considered delivered when posted by Certified Mail, mtum receipt
requested, or delivered in person to the Grant Managm at the addresses below.
17. The ent's Grant Manager (which may also be referred to as the Department}s Project Manager) for this
Agreement is identified below.
Brenda Leonard
Florida Department of Environmental protection
Office of Sustinable Initiatives
3900 Commonwealth Boulevard Ili #3o
Tallahassee, Florida 32399-3000
Tel one No.:
850 245-2947
Fax No..9
850 45i 19
&marl Address,
Brenda.Leonard@dep.stateJI.us
18. The Grantee's Grant Manager (which may also be referred to as the Gramm's Project Manager) for this
Agreement is identified below. The Department roust be notified in writing of any change in this inforn;ation
within thirty (3 0) days.
Donald Brown
Fum out USA, Inc.
1-150 HighM 83 North
DeFuniak Springs,Florida 3243 3-3 813
Tel! home No.:
950 89n..0807
Fax No.:
850 SW-08$9
E-mail Address:
Don32541@Amail.com
19. To the extent required by law, the Grantee will be self insured against, or will secure and maintain during the life
of this Agreement, workers' Compensation Insurance for all of its employees connected with the work of this
project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide
Workers' Compensation Insurance for all of the liter's employees unless such employees are covered by the
protection afforded by the Grantee. Such self-insurance program or insurance coverage shall comply fully with
the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under th is
DEP Agre menr No. MV 1 D6, Page 7 of i ]
Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each
subcontra.ctDr to provide, adequate insurance satisfactory to the Department; for the protection of his employees
not otherwise protected.
20. A. The Grantee shall secure and maintain Commercial General Liability insurance including bodily 1 fury
and property damage. The mmi unum limits of liability shall be $100,000 each occurrence and $ 00,000
aggregate This insurance will provide coverage for all claim that may arise from the services and/or
operations completed under this Agreement, whether such services and/or operations are by the Grantee
or anyone directly or indirectly employed by hint. Such insurance shall include the State of Florida as an
Additional Insured for the entire length of the Agreement.
The Grantee shall secure and triaia n Commercial Automobile Liability Insurance for all claims which
may arise from the services and/or operations under this Agreement, whether such services and/or
operations are by the Grantee or anyone directly, or indirectly employed by him. The minimum limits
of liability shall be as follows:
$3002000 Automobile Liability Combined Single Limit for Company Owned Vehicles, if applicable
S3005,O00 Fired and Non -owned Liability Coverage
C. Pollution L iab it ity 1 Million per Occurrence
Recognizing that the work governed by this Agreement involves the storage, treatmnt, processing, or
transporting of potentially polluting material, the Grantee shall purchase and maintair4 throughout the lime
of this Agreement, Pollution Liability Insurance which will respond to bodily I,JurY. property darn ge,
and environmental damage caused by a discharge of wages which are governed by the Agreement_ The
po lrcy must specifically identify this Agreement and specify that coverage will extend to all losses,
clahning pollution or environmental impairment, arising out ofthe services governed by this Agreement.
The minimum limits of liability shall be:
S t Million per Gccunmce
If coverage is provided on a claims made basis, an extended clahns reporting period of one (I) year will
be rewired.
D. Watercraft Liability $1 Million Combined Single Limit (CSL)
Prior to the cornrnencement of work governed by this Agreement, the Grantee shall obtain Water Craft
Liability l urance with terms no less restrictive than those found in the standard "Amertican Institute
Hull Clauses" (June 2, 1977 edition)* Coverage shall be maintained throughout the life of this Agreement
and include, as a minimum:
0 Injury (including death) to any Person
0 Damage to Fixed or Movable Objects
0 Costs Associated with the Removal of Wrecked Vessels
• Contractual Liability with Respect to this Conma
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 li m its acceptable shall be:
$1 Million Combined Single Limit ( SL)
DEP Agreement No. MV t 06} Pap 8 of I I
Coverage provided by a protection and Indemnity Club (P&I) shall be subject to the approval of the
Department,
E. The Department of Environmental Protection shall be named as Additional Insured on all policies issued
to satisfy the above requirements.
21. The Grantee covemints that it presently has no interest and shall not acquire any interest which would conflict in
any manner or degree with the performance of services required.
22. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the non -expendable
personal property or equipment purchased under this Agreement However, the Grantee shall complete and sign
Attachment F, Property Reporting Form, DEP 5-2 1 2, and forward it along with the appropriate invoice to the
Department's Grant Manager. The fallowing terms shall apply. -
A. The Grantee shall have use of the non -expendable personal proper or equipment for the authorized
purpo s of the contractual arrangement as long as the required work is being performed.
B. The Grantee is responsible for the ir�rtplernentation of adequate maintenance procedures to beep the non -
expendable personal property or equipment in good opcmdng condition.
C. The Grantee is responsible for any loss, damage, or them of, and any loss, damage or in,'ury caused by the
use of, non -expendable personal property or equipment purchased with state funds and held in his
possession for use ire a contractual arrangement with the Department.
23. A. The Deparftnent may at any time, by written order desipated to be a change order, make any change in
the work within the general scope of this Agreement (e.g., specifications, task timelines within current
authorised Agmernent pmicd, method or manner of performance, requirements, etc.). All change orden
are subject to the mutual agreement of both parties as evidenced in writing. Any change, which causes an
increase or decrease in the Grantee's cost or time, or a change in ownership shall require for]
amendment to this Agreement, and wiH not be eligible for processing through the change order
procedures described above.
E. In the event of a change in the C=nt Manager for the Grantee or for the Depaxfrnent, each party will
notify the other party in writing of such change within thirty (3 0) days air the change becoraes
effective. The notice shall be sent from the Gmnteets representative autbori d to execute agreements to
the Department's Grant Manager. The Departments Grant Manager will trammit a copy of such change
to the Department's Procurement Office and the Contract Disbumsernent Office for inclusion in the
Agreement file.
24, A. No person g on the rounds of race, creed, color, national origin# age, sex, or disability, shall be excluded
from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination
in performance of this Agreement.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a
contract to provide goads or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of public building or public work, may not submit bids on leases of
real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor,
or consultant under contract with any public entity, and may not tran,mt business with any public entity.
The Florida Departinent of Management Services is responsible for maintaining the discrunimory
vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list
may be directed to the Florida Department of Management Services, Office of upplier Diversity at (850)
487-0915.
25. Ln accordance with Executive Order 12549, Debarment and Suspension (2 CFR 1400), the Grantee certifies that
neither it} nor its principals, is presently debarred, suspended, proposed for debarment, declmd itieliglible, or
voluntarily excluded from participation in this transaction by any Federal Department or agency; and, that the
Grantee shall not knowingly enter into any lower tier contras or other covered transaction with a person who is
DEP Agmment No ]HIV 106. Page 9 of 11
similarly debarred or suspended from participating in this covered transaction, unless authored in writing by the
U.S. Fish and Wildlife Service to the Department. where the prospective, lower tier participant is unable to certify
to any of the statements in this certification, such prospective partic ipant shall attach an explanation to this
Agreement. The Grantee shall include the language of this section in all subcontracts or lever tier agreements
executed to support the Gr tee}s work under this Agreement.
26. The U.S. Fish and Wildtife Service and the Department, reserve a royalty -free, nonexclusive, and irrevocable
license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes:
A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgarant.
B. Any rights of copyn*ght to which a Grantee, subgrantee or a contractor purchases ownership with grant
support.
27. Land acquisition is not authored under the terms of this Agreement;
28, gignage shall be installed on each pumpout vessel beiag operated under this Agreement, A sign of the
International pumpout Symbol shall be -placed on the hall of the vessel and easily visible to the beaters. Sign
specifications can bo found at the following link: h :l/wsbro rns.fws.gov/ ubpa,Des/ToolkitFlles/fasymb Ddf•
In addition, mi tnx utional signage stating *es, hours of operation, itnstructions, and operator name and telephone
number shall be posted in a clearly visible location. The sign shalt have posted emergency phone numbers for
reportintg serve problems and shall include the following statement;
"'Funded in part by the U.S. Fish and wildlife Service, Clean Vessel Act through the Florida Department of
Environmental Protection."
29. The Grantee agrees to comply with, and mi clude as appropriate in cont wts and subgrants, the provisions contained
in Attachment G, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee
acknowledges that the applicable regulations listed in Attachment K Regulations, attached hereto and made a
part hereof, sha! ! apply to this Agreement.
30, This Agreement has been delivered in the State of Florida and shall be construed in accordance with the lags of
Florida. Wherever possible, each provision of this Agreement shall be interpreted to such manner as to be
effective and valid under applicable law, but if any provision of this Agreement shalt be prohibited or mi valid
under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the reminder of such provision or the remaining provisions of this Agreement. Any action hereon or
in connection herewith shall be brought In Leon County, Florida,
31. This Agreement represents the entire agreement of the patties. Any alterations, variations} changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly
signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided
hereh
REMAINDER DER OF PAGE INTENTIONALLY LEFT BLAND
DEP Agramwt No. MV1a6, PW 10 of 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executes the clay and year last
written below.
PUM OUT W.A., INC.
By:
SippWof Person Authorized to Sign
rtnP ' t lame and Title of Authorized Person
FEID No.59-36 3554
STATE OF FLDRJDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Direc or, Oiiic f Sustainable Initiatives
Ar 3k4
Date: DL— 3 I— 13
DEF Contracts Administrator
Approved as to fonn and le ity.
P Attorney
List of attachments/exhibits included as part of this Agreement:
Specify Lester!
Type Number Description (include number of pages)
Attachment
A
Attachment
B
Aitachraet
Attachment
D
Attachment
E
Attachment
_F--
Attachment
MWIMent
DEP ApecMent No. MY 106, Pop 11 of t 1
SqQPQ of Work and.Conditions (41 Faaos
Qran—t PamuLUdpt
&h &MestX Fa
C ont = Payment l u ments � 1 P
Pro&= Report Fortn 1 La gej
DisclosgMgf Lobbying A ivities L2 PgMI
PrgpM 9pporting Form 1 Page)
ontrt Provii._ges)
ulatio 1 Page) --- ,.
ATTACHWT A
Clean Vessel Act Grant Program
obfie Vessel Pumpout Service
Scope of Services and Conditions
PROJECT DES ON
The purpose of the Clean Vessel Act grant Program is to establish or restore pumpout facilities that are operational
and aocessible to the genes boating public for the useful life of the facilities. The propose of these conditions is to
ensue compliance with 50 CFR part 85, Subpart D - Conditions on Use/Acceptance of Funds, for the Ageement
period, including the pumpout reporting period during the contract period. These conditions cover punVout
equipment, operations} maintenance,sipage, educational materials purchased with Clean Vessel Act grant funds.
This is a combination fee schedulelcost reimbursement Agrwrnent with grouching requirement based on the aunt
aetualiy paid by the Departrn=t to the grantee. The Department agrees to pay the Grantee, on a combination fee
schedule/cost reimbursement basis as outlined below, a grant award in an amount not to exceed $539,784.13 far
satisfactory oompletion of the project outlined herein and the grantee agrees to undertake the project as described
and submi'ded by the grantee m the gram# Application, CVA12-673. Monroe County, Florida, is providing the
minimum 25% non-federal funds in the amount of $179,928.04 under separate contract with the grantee,
attached as Exhibit 1, for a total project cost of 710,712.17. The project funded under this Agreement is located
throughout Monroe County.
Eurapout USA (PO USA) will provide mobile vessel purapout semce to vessels located throughout areas of
==orporated Monroe County within the Florida Keys. The pumpout service will be provided to meet certain
objectives as directed and established by the Monroe County Board of County Conmaissioners that are consistent
with the reduction or elimination of environmental im[Mcts associated with the illegal discharge of sewage from
vessels, and to frtrther enable compliance with regulations of the federal No Discharge Zone established by the U.S.
Enviromnental Protection Agency; discharge regulations established by the Florida Keys National Marine
anctmry, and in cmfing anchoring regulations in coordination with the Florida Fish and vnldhfe Comervation
Conmtisswi n pilot Program which includes requWmg vessel owners in managed awhoring zones to provide proof of
sewage pumpout.
Ile PO USA wall provide mobile vessel pumpout service consisting of sevens marine pumpout vessels and one
(1) 650-gallon portable pumpout to provide puMpout se ce to recreational vessels located in the unincorporated
areas of Monroe County, Florida. One (1) vessel is co idered a back-up vessel that will be used when any of the
other six 6) are underrgoiug ihtmmoe or repair. The portable pumpout will be utilized to pump and haul sewage
ftm the punVout vessel to the wastewater treatumnt facility. Each of the six (6) marine pumpout vessels will work
eight 8) hours per day, five (5) business days per week in the areas designated on the attached Mobile Punipout
Service Coverage Map, provided in Exhibit 1. The locations of the vessels and service areas are as follows: One (1)
vessel at t& Pilothouse Restaurant and Marina at Ivey Largo; one (1) vessel at the Nelson Center on Key Largo; two
(2) vessels on tmilers to service the Central Keys from Summerland Ivey to >; wwrada; and two 2) vessels at Mote
Laboratories in Summerland Key to service areas south to Stock Island. PO USA is responsible for replacing any
out -oil -service vessels within thirty (30) days so there are six ( vessels operating at all times. This Agreement will
only provide funding for up to six ( vessels that are in service.
The pumpout service will be provided at no charge for up to once per week to all whored -mot recreational vessels
m the unincorporated waters of Monroe County within the Florida Keys,. PO 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 will be servicing anchored vessels located in established
Managed Anchoring Zoms, as identified is the Monroe County Anchoring Winance and map attached as Figure 1.
Thera are approximately 800 vessels in the Mmged Anchorage areas at this time. The pumpout vessels may utilize
existing County facilities such as dockage and stationary pumpouts for this project.
Each pumpout Gressel will have a monitoring device installed that will track pmnpout activity, gallons, and location
of pumpout vessel. A data software service will be subscribed to for logging pumpout activity for the period of this
Agroernent. T%e service will be accessible by DEP and Mo=oe County. Each purnpout vessel will have sigmge
DEP Agreement No. My 106, Atmehment A, page 1 of 41
41
installed complete with universal purnpout logo and accreditation logos on the hull of each vessel. The monitoring
devices, subscription and signage will be reirnburseable under this Agreement..
PO USA will provide service to vessels anchored in Managed Anchoring Zones identified in Figure Y, whether
registered for pumpout service or otherwise, in accordance with the frequency described in the Monroe County
anchoring ordinance. PC USA will also provide as -needed pumpout service to vessels located outside of Managed
Anchoring Zones, whether roistered for pumpout service or otherwise. If the County anchoring ordinance
establishing the Managed Anchoring Zones expires, PO USA will provide service throughout unincorporated
More County on an as -needed basis. In coordinatim with Monroe County staff` and Fish and wildlife
Commission (FWQ staff, PO 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.
PO USA will provide all personnel necessary to perform the work under this Agreement. All pm onne l engaged in
perforrriing services under this Agreement shall be fully qualified, and, if required, be authorized or permitted under
Mate and local law to arm such services. PO USA pmonnel shall not be employees of or have any contractual
relationship with Monroe County or the Mate of Florida. PO USA will provide vessel operators and a Project
Manager that has extensive experience and training in the pumpout industry. The Project Mamger will not be paid
through CVA grant funds under this Agreement. The Project Manager will maintain an office in Swnmerland Key
at the Dote Marine Laboratory. The Project Manager's primary duties will include:
• Coordinating pump -out schedules;
a registering customers for service;
a Obtaining registrants' contact information and location for pumpout spice; and
0 Be the point of contact for FwC concerning "proof of Purapour of vessels bated in Managed
Anchoring Zones, and to assist in identifying derelict vessels aad vessels exhibiting pre-demlict
conditions (as described in the Monroe Counter anchoring ordinance).
Vessel owners will be encouraged by Monroe County and PO USA to register for routine pumpout service, which
will assist in streamlining the service through the utilization of 'identification decah' indicating participation 'in the
pumpout proms and orange flags to be flown when in need of a pumpout (decals and flags to be provided by PO
USA through CVA funds). registration forms far participation in the program will be made available online
through the PO USA website. Additionally, registration forms will be made available at various sporting -goods
retailers, the Monroe County Maxine resource Office, various marinas, and directly from pumpout vessel operators
in the service areas. registration to participate in the program is five for recreational vessels. The participant
submits hiAer registration information, which will be entered into the service schedule. Upon the first visit by the
pumpout vessel, the puxnpout vessel operator will affix the identification decal to the boor of the vessel (adjacent to
the state vessel registration decal location), and attach the orange serves banner to the bow rail.
Through CVA funding under this Agreement, PO USA will develop a website through which boaters can register
for services. PO USA will develop registration packets and educational materials to be distributed throughout the
Keys informing boaters of the effects of sewage in the water and where they can obtain pumpouts. The website and
all educational materials will be submitted to DEP for approval prior to publishing. Paid by PC USA, the Project
Manager (or bislher designee) along with volunteers ands interns from Mote Marine Laboratory, will participate in
and promote clean water through this pumpout service at public gatherings, marina meetings, Fishing Clubs, Civic
Organization Meetings, Secondary Education Science Classes, etc. Costs incurred for ouch activities are not
reimbursable under the terms and conditions of this Agreement.
A service schedule for each pumpout vessel placed in service will be made available on the PC USA website. The
registration forms provided on the website will retest the mooring location of the vessel Oat/long), registration
number and st , size and type of the vessel, the name of the vessel, and a point of contact for the vessel. The
registration form mast be signed by the vessel owner and/or captain and allows the PC USA pumpout vessel
operator permission to pumpout the participating vessel and inward the vessel, if necessary. The Department of
Environmental Protection gill not be held responsible for any damages to recreational vessels participating in the
Monroe County pumpout project.
DEP Agreement No. MV 106, Attachment A, page 2 of 41
Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations located throughout the
Keys: and when necessary hauled out by licensed waste haulers or will be transported via a PO USA owned 650
gallon mobile sewage tank. Any sewage hauling will be reimbursable under the terms and conditions of this
Agreement.
ONDffIONS of THE PROJECT A GREE ENT
Project Relmbursement
I. Match will be provided by Monroe County and documentation shall be provided in accordance with
instructions and on Attachment B, Grant Payment/Match request Fom, In order to receive credit for the
match by the Grantee, the Klatch trust be documented using the same documentation requirements as for
costs that are reimbursable under this Agreement.
2. Grantee invoices must be accompanied by all required deliverables as Identified in this Atthment and all
documentation as outlined "in Paragraphs 5.B. through 5.14. of the Agreement. The Department shall have
thirty (30) days to review and approve all invoices and deliverables. Upon review and approval of the
required deliverables, the Grant Payment/Match request Form and required documents, the Department
will process the request for reimbursement and match claim.
The invoice amounts will be based on allowable costs reimbursed for authorized services performed under
this Agreement. Invoicing will occur quarterly except during the first four (4) months, in which invoicing
may be submitted monthly. For each reimbursement request, PO USA will submit a signed invoice on PO
USA letterhead. For each task completed, a deliverable trust be sub misted. Invoices from subcontractors
for services performed and proof of payment must also be ineluded for each reimbursement. Allowable
costs under this Agreement are as follows:
0 Cost for vessel mobilization -is based on actual expenses to transport from DeFuniak Springs to the
Keys. reimbursement will be done on a per vessel basis, Allowable costs includes 0.445/rnilel
the salary for the Captain that is delivering the vessel and fuel costs} not to exceed $1,300lvessel
delivered;
# The cost for each pumpout will be invoiced based on a per pumpout unit rate of $13.95 per
pumpout performed up to 217 pumpouts per vessel per month or 1,300 total pumpouts per month
aggregatet
0 Salaries for the pumpout vessels Captains and other necessary staff will be invoiced at an hourly
gage for each hour worked as identified in the Task descriptions;
0 Maintenance of the vessels will be invoiced at the technician's hourly salary rate plus the actin
cost of maintenance suppli ;
0 Sewage hauling will be unvoiced at a per gallon rate hauled by licensed hauler;
0 Sewage transported by PO USA from the pumpout vessel to a local marina for disposal through a
stationary pumpout will be invoiced based on the Can's salary rate and hours worked:
0 Pumps ut s ignage wi ll be re ii tb urse d on actin cost per unit for the sign purchased and ins W l ed:
0 Monitoring devices will be reimbursed on actual cost per unit purchased and installed-
Monitoring subscription will he reimbursed on a per month rate throughout the term of this
Agreement;
Outreh materials, website development, registration packets, and banners and stickers for
pumpouts are based on allowable actual costs.
3. The final request shall be accompanied by a completed and signed Purnpout Project Certification of
Completion Forth which is provided by the Clean Vessel Act Grant Proms as part of the grant award
package.
4. Accounting records and invoicing will be managed by PO USA Project Manager located at Mote Marine
Laboratory irr Surnmerland Key. Accounting casts are not reimbursable under this Agreement.
DEP Agreement No. Mvi 06, Attachment A, page 3 of41
Pro j"t Req ulrements
1. The Grantee shall obtain all required permits and approvals prior to commencement of the project. A grant
award is not an indication of pennitability of a project. A Site VisittPemit Verification Form, completed
by the Department District Office shall be on file with the Department Grant Manager.
. Pumpout facilities will be designed and operated in a=rdance with state and local health regulations. Any
major violation of health* environmental, Way or traffic rules or regulations will subject this AUmmant to
review and/or possible tennina ion.
3. Each pumpout facility or dump station funded under this Agreement shall be open and available to the
recreational boating public. Each pumpout vessel shall be operated, maintained, and continue to be
reasonably accessible to all recreational vessels for the full term of this Agreement period as set forth in
Parag,ph 4.A of this Agreement.
4. The Grantee will conduct operations of the pumpout facility or pumpout vessel under a Pumpout Station
Operational Flan that specifies hours of operation, maintenance principles, methods in determining volume
of material pumped including the use of flow meters as may be necessary, informationalleducational
materials on pumpout operation and assurances that the pumpout facility pumpout vesse4 or clump station
will be used solely for the collection of recreational boat sewage. Pumpout vessels under this Agreement
are to be used solely for the collection of recreational boat sewage only.
5. The pumpout facility operator shall maintain a pumpout log to be submitted to the Department no later than
fifteen 0 5) days of each calendar quarter following the quarter during which the execution of this
Agmment o'ccuffed. The log shall docent use of the equipment by number of pumpout service events,
gallons pumped., number of out of state vessels pumped and maintenance, labor* or other operational costs
incurred.
6. The Grantee shall provide marine sanitation and pumpout infonnation for boat owners and Mining for
pumpout operators. These services may be provided through such methods as infonnational materials, on -
site instruction or audio-visual methods by the marina owner/operator* equipment vendors, harbormaster or
local government personnel.
7. Providing putnpout service to commercial vessels is prohibited under this Agreement.
"TASKS l DELIVERABLES FOR PROJECT RE MBURSEMENT
The fo l l owing is a schedule of tasks/deliverables and budget detail for the completion of the tasks required to
complete this project. Prior written approval from the Department's Grant Manager shall be required for changes
within approved task budget categories of up to 10% of the total task budget amount. The DEP Cmmt Manager will
tramm it a copy of the written approval and revised budget to the DEP Procurement Office and the DEP Contracts
Disbursements Office for inclusion in the Agreement file, Changes water than 1 o1/O of the total approved task
budget will require a fonnal change order to the Agreement. Changes that transfer funds from one task to another or
that increase or decrease the total funding amount will requite a formal amendment to the Agreement. Any costs
incurred before the execution elate of ` this agreement are not re im b ursabl e.
Task 1*
Mobilization of Pumpout Vewel Equipment: The Grantee will be responsible for mobilizing seven (7) pumpout
vessels and one (1) 650-gallon portable pumpout to the Florida Keys in Monroe County for use in this project. Cost
for vessel mobilization is based on actual expenses to transport from DeFuniak Springs to the Florida Keys in
Monroe County. Reimbursement will be done on a per vessel basis. Allowable costs includes 0,445/mile, the
salary for the Captain that is delivering the vessel and fuel costs* not to exceed $1 0o/vessel delivered; A travel log
shall be maintained showing hours worked and mileage to the del iver y site.
A Site visit verification form from authorimd DEP staff will be maintained in the Agreement file. The vessels used
to provide the services under this Agreement will be supplied by the Grantee. Each pumpout vessel placed into
DEP Agreement No. MV 106} Attachment A, page 4 of 41
service will be capable of servicing up to twelve (12) vessels per day and each will be trailemble to locate to other
service areas, as needed. Approximately 1,300 pumpouts will be performed per month under this Agreement.
Deliverable: Dated photographs of pumpout vessels at project locations and listing of vessel sizes and hull numbers
will be submitted. A dated travel log signed by the Captain performing delivery will be submitted documenting
Captain's name, hours worked, and mileage to delivery site.
Performance Standard: The Department's Grant Manager will review documentation to verify authorized
equipment has mobilized within required timeframe and agrees with the travel log submitted.
FInanclal Consequence: Failure to meet the performance standard above will msult in the rejection of the invoice
for reimbursement.
Task Tlrneline: Completed within one (1) month from execution of this Agreement.
Budget: Allowable costs for this task am cost for vemel mobilization based on actual expenses to transport from
DeFun►iak Springs to the 'Florida Keys mi Monroe County. Reimbursement will be done on a per vessel basis.
Allowable costs includes $0.4451mile. the salary for the Captain that is delivering the vessel, fuel costs, and tolls, not
to exceed $1,300/vessel delivered.
Note: payment can be requested upon submission and review and approval of the deliverable identified above.
Task 2.
Purehase and Installation of Monitoring Devices: The Grantee will pure and install eight (8) pumpout
monitoring devices. Seven ( monitoring devices will be installed on purnpout vessels and one (1) on the 6 o-
gallon portable pumpout. The monitoring devices will track pwnpout activity and lotion for each pumpout vessel,
The Grantee will be responsible for ensuring proper installation of the monitoring devices purchased. Monitoring
device p ur c hna.se and installation may be included on one 1) invoice. The Grantee will also subscribe to a
monitoring service software to track pumpout acdvity through the perm of this Agreement. The cost for the
subsen'ptiorn will be Vs 194 per year and Will be paid for at the time of purchase.
Deliverable: Dated photograph of installed pumpout monitoring devices} copy of subscription and monthly proof
of payment of subscription.
Performance Standard: The Department's Grant Merger will review documentation to verify authorized
monitoring devices have been purchased and installed and the subscription for the monitoring service has been
purchased wither the required tiaeframe.
Financial Consequence: Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement.
Task Timeline: One month from execution of this Agreement for the purchase and installation and the subscription
service.
Budget: Allowable costs for this task are for cost of the purchme and installation of the monitoring devices and the
cost of the subscription of the service software.
Notes Payment can be requested upon submission and review and approval ofthe deliverable identified above.
Task 3,
Operations of Pumpout Vessels and pumpout equipment: The Grantee is responsible for ensuring that the
pumpout vessels are operated according to this Mobile 'vessel Pumpout Service Scope of Services and Conditions.
Vessel Captains — the pumpout Gressel Captains will be employees of Pumpout USA. Each Captain will earn
0.22lhour, will work 40 hours week, and will be reimbursed under this Agreement, Duties will be:
i Operate pumpout vessel on a weekly schedule within their designated service area;
i Diaribution of identification decals and orange pumpout flags}
i Maintain a written daily log identifying date, miles taveled, pumpouts performed, gallons pumped
from each vessel, and fuel purchased with reeeiIPt for reporting and reimbursement purposes;
* Signed monthly pumpout logs will be subrnitted, specific to each pumpout vessel and broken down by
service area} indicating the name of the Gressel Captain, number of pumpouts performed, volume of
sewage pumped out, number of individual vessels purnped out and method of disposal.
Reimbursement will be made for costs for hours waned and $13.85 for each pumpout performed up to a maximum
of 1,300 pumpouts per month. The vessel hulls, engines, and pumps will be kept in good repair at Grantee's cost.
Funds under this Agreement will only be used for the scheduled preventative maintenance identified in Task 4.
DEP Agreement No. MV 106, Attachment A, page 5 of 41
Deilverabies+
To be submitted monthly for the first four (4) ;months:
A listing of Captains' names, hourly irate, and # of hours worked; and
* Pumpout schedule and method of disposal of collected boater sewage for each service area.
To be submitted quarterly with each Invoke thereafter;
• Number ofpumpouts performed in each service area (including number of out of state vessels) and tonal for
the Monroe County area;
• Total number of individual vessels pumped out;
• The routes and locations of the pumpout vessels;
• A listing of Captains' names, hourly rate, # of hours worked, and totals;
• A copy of the pumpout monitoring report showing pumpout activity; and
A copy of pay stubs from PO [SSA for each Captain as proof of payment for hours yolked,
Performance Standard: The Depai tmenCs Grant Manager will review the deliverables showing number of vessels
pumped and hours worked to confirm that the dean Vessel Act Program requirements are net. Deliverables are
due with each invoice submitted; monthly for the first quarter of operation beginning upon execution of this
Agreement, then quarterly thereafter.
Financial Consequence: Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement and the cost per pumpout for each pumpout_
Task Timeline: After execution of this Agreement} monthly for first four (4) months, then quarterly until
completion date identified 1n par aph 4A of this Agreement.
Budget: Allowable costs for this task are costs for the Captain's salary for daily operations of pumpout vessels and
pumpout equipment and payment for purnpouts completed,
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
'Cask 4.
Maintenance: The Grantee is responsible for maintaining the pumpout vessels according to manuturrts
specif"rcation.s and providing scheduled maintenance.
The following costs will be reimbursed under this Agreement for maintenance:
• Scheduled preventative maintenance;
0 maintenance of pumps, boat engines and trailers;
• soft cleaning of boat hulls;
• holding tank treatment;
• salaries of staff' needed to perform; the needed maintenance;
• Costs of supplies needed to perform routine scheduled maintenance;
• Monthly pressure washing vessel hulls to remove barnacle growth;
• Bottom painting of the vessels no more dw once a year for each vessel;
The following costs will not be reimbursed under this Agreement for maintenance:
repairs to broken pumps, motors and hull work; and
costs of nor repairs
Any maintenance now shower above will need prior written approval from the Department's Grant Manager.
The staff performing the maintenance will be reimbursable under this Agreement. The duties of this staff` are to 1)
Maintain the pumpout vessel following preventative maintenance schedule; 2) Main in a log that identifies the
vessel hull number, maintenance dome and time spent on that maintenance; 3) Sign and maintain receipts for
phases of supplies necessary for the routine maintenance; and 4) soft cleaming of the hull to prevent the grown of
barnacles. This includes salary of tecbnicwi n to perform pumpout vessel motor and pump service and regular hall
cleanings using soft Ilea g methods. This also includes supplies needed such as oil and rap to perform scheduled
maintenance.
]Deliverable: Maintenance schedule to be submitted for all vessels in the first month. List of maintenance activities
made to the equipment hull #, and copy of maintenance receipts and proof of payment. For salary of Maintenance
DEp Agreement No. MV 106, Attachment A, page 6 of 41
Technician perfornning maintenance, submit the employee names, hourly rage, # of hours worked with totals, and
pay stubs from PO USA staff` performing the maintenance.
Performance Slandard. The Deparhnent's Grant Manager will review the deliverables to confirm that the
necessary maintenance was completed.
Financial Consequence: Failure to meet the performance standard above will remit in the rejection of the invoice
for reirnbumen ent.
Task Timeline: After execution of this Agreement and prior project completion date then monthly for the service
until completion date identified in paragraph 4A of the Project Agreement.
Budget: Allowable costs fvr this task are costs for mquired scheduled maintenance include salary for staff to
perform the necessary maintenance and maintenance supplies.
Note: payment can be requested upon submission and review and approval of the deliverable identified above.
`ask 5.
Sewage hauling: The Grantee is responsible for hiring a contractor licensed in Florida to haul recreational boater
sewage collectcd from a permitted holding tank to a permitted wastewater trcatment facility or sewage transfer
station. Vessel waste will be offloaded and properly disposed of utili =ig fixed pumpout stations located throughout
the Keys and when necessary hawed out by licensed waste haulers.
Deliverable: Documentation from the sewage hauler showing gallons of sewage collected and hauled, receipt from
the permitted facility accepting the waste.
Performance Standard: The Department Grant Manager will review the deliverables to verify that the sewage
hawed agrees with the receipt from the receiving facility.
Financial Consequence Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement.
Task Tl me line : After execution of this Agreement, monthly for first four (4) months, then quarterly until
completion date identified in paragraph 4A of this Agreement.
Budget: Allowable costs for this task are costs for a sewage hauling contmaor and Grantee staff time to transport
sewage fmm the pumpout vessel to a local marina for disposal through a stationary pumpout which will be invoiced
based on the Captain's salary rate and hours worked}
Note: Payment for this task may be requested upon each completion of a sewage hawing and submission and
mew and approval of the deliverable identified above.
Task 6
P u m po ut Vessel ignage: The Grantee will install the signage requ i red in paragraph 28 of this Agreement. The
Grantee will purchase and install informational signage for seven (7) pumpout vessels at a cost not to exceed
$1,714.29 for each vessel for a total of $12,000. Informational signage or placards stating fees, hours of operations,
hwtructiorns, and operator name and telephone number will be posted in a clearly visible location on the pumpout
vessel. The placard shalt have posted emergency phone numbers for reporting service problems and shall include
the following statement an accreditation logos: "Funded In part by the U.S. Fish and Wlldllfe Servle, dean
Vessel Act through the Florida Department of Environmental Protmtion. "
Deliverable: Photographs of the inIled signage on each vessel showing the pumpout logo sign, and pumpout
information sign with accrediting information.
Performance Standard: The Department Grant Mamger will review the photographs to verify that the signage
requirements are meL
Financial Consequence: Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement.
Task Tlmellne: One (1) month from execution of this AgneernenL
Budget: Allowable costs for this task are costs for purchasing sipage.
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
Task 7.
Education and Instructlonal Materials: The Gmntee will create a website specific to this project, packets to
boaters to subscribe to pumpout services, burgees, educational / instructional materials to be distributed via webs lte,
during outreach events and other means to recreational boaters on how to subscribe to services and on the effects of
sewage in the waterways. 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 Grantee's
DEP Agreement No. MV 106, Attar hrnent A, page 7 of 41
website where they can be accessed by vessel owners. Materials will be distributed to participating marinas, local
sporting goods merchants, Monroe County offices, pumpout vessel operators, and the Fish and wildlife
Conservation Commission. The website and all educational materials must be approved by the Department prior to
publishing. prior to publishing or grintin& copies of web pages or link to developed web page, copy of brochures or
handout information about the Clean Vessel Act, effects of sewage in waterways, and the pumpout vessel equipment
available for public use will be submitted in draft format for the Depamnent Grant Manager's approval.
Deliverable-, Copies of web pages or link to developed web page, copy of brochures or handout information about
the Clean Vessel Act, effects of sewage in waterways, and the pumpout vessel equipment available for public use
wili be submitted in draft fomat for the Department Grant Manager's approval.
Performance Standard: The Department Gmnt Manager will review the educational materials and website before
printing to insure they address programmatic topics and meet requirements specified above.
Financial Consequence: Failure to meet the performance standard above will result in the rejection of the invoice
for reimbursement,
Task TI m elfin e: After execution of this Agreement, monthly for first four (4) months, then quarterly until
completion date identified in pamgraph 4A of this Agreement.
Budget: Allowable costs for this task include creation of website, printing/reproduction costs for materials, and
purchase of banners and stickers.
Note: Payment can be requested upon submission and review and approval of the deliverable identified above.
TIMELINE FOR A TIVITU
Project begins upon execution of this Agreement.
Month I deliverables to be submitted and identified by task:
Draft of webpage for review and approval -`Cask 7
Draft and review of registration packets for approval 6- 'Cash 7
Develop and print approved educaborml materials - Task 7
Purchase of banners and stickers - Task 7
Listing of pumpout vessels in service, size, holding tank size, hull number - Task 1
Purchase and install signage for pumpout vessels Task 6
Purchase and install monitoring devices and initiate monitoning subscription - Task 2
Hire pumpout vessel Captains - Task 3
Formulate pumpout schedule - Task 3
Formulate preventive maintenance schedule - Task 4
Mobilize pumpout vessels - Task t
Submit monthly invoice # t for reimbursement
Month 2:
Initiate pumpout activity - Task 3
pumpout logs `Cask 3
Maintenance of vessels as necessary - Task 4
Sewage hauling as necessary - Task 5
Continued printing of educational materials, as necessary -"Cask 7
Submit monthly invoice 42 for reimbursement
Month 3;
purnpout activity- Task 3
pump out logs - Task 3
Maintenance of vessels as necessary - - Task 4
Sewage hauling as necessary - Task 5
Continued printing of educational materials, as necessary - Task 7
Submit monthly invoice #3 far reimbursement
Month 4;
pumpout activity Task 3
pumpout logs - Task 3
Maintenance of vessels as necessary Task 4
Sewage hau i ing as necessary - Task 5
DEp Agreement No. lV 106, Attachment A, page 9 of 41
Continued printing of educational matefials, as necessary - Task 7
Submit monthly invoice # for reimbursement
Month 7: Quarter 1 (Months 5-7)
Pumpout activity - Task 3
Pwmpout logs - Task 3
Maintenance of vessels as necessary - Task 4
Sewage hauling as necessary - Task 5
Continued printing of educational materials, as necessmy Task 7
Submit geriy invoice # l for reunbursernont
Montb 10; Quarter 2 (Months 9- l 0)
PwTLpout activity - Task 3
Purnpout logs - Task 3
Maintenance of vessels as necessary - Task 4
Sewage hauling as necessary - Task 5
Continued printing of educational materials, as nssary - Task 7
Submit quarterly invoice ##2 for reimbursement
Month 12: Quarter 3 (October - Dccem1 )
Purnpout activity - Task 3
Putnpout logs - Task 3
Maintenance of vessels as necessary - Task 4
Sewage haul ing as necessary - Task 5
Continued printing of educational materials, as n ssary - Task 7
Submit quarterly invoice #3 for t eirnbursement
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV 106, Attachment A, page 9 of 41
Approved Tasks and Amounts
Tasks
Total ProJect
CVA Fun
Match Fundin
1. Mobilization of purnpout vessel Equipment
$ 5,929-35
51929.35
N/A
Captain's Salary: 2,123.10
Mileage: 2,336.25
toils: 420
2. Purchase and Installation of monitoring devices:
S 11,2 .60
11,209.60
NIA
%025.60
Il onitorin ubscri lien: 184.00
3. Operations of pumpoutVessel Equipment
$ 58(,429.30
448034.40
179,928.04 for
Captain's Salaries: $232,934.40
pumpout oast
Total pumpout cost: 216,000.00
4. Maintenanoe
S 30,793,92
30 }793.92
N/A
Captain's Salary: 60793.92
Maintmnee work and supplies: ,000.00
5. Sewage Hauling for contractor: 19}360
$ 36,9000.00
36,000.00
N/A
SW[aries for stag` transporting sewage; 16 ,640
6. + urn out S a for purchase e of s i e
S 12OOO.O r
$ 37,3 .00
1 2� Y V .00
37,350.00
N/A
l
N/A
7. Education and Instructional materials
Contractor to develop website: S5,000
Printing and reproduction of materials: $23,350
Purchase of banners and stickers: $7000
Total Project Amount 1 %
$ 7199712,17
Total Grant Award Amount 75%
539,1784 .13
Total Match Amount 25%
S 179$92&04
Note: Match gill be provided under Contract between the Grantee and Monroe County, a=hed as Exhibit I. The
Match documentation must meet the same requirements as the cost for reimbursement under Task 3.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreement No. MV 106, Attachment A, page 10 of 41
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DEF dement No. MV 106, Attachment At page I I of 41
EXHIBIT 1
November 20, 2 012
AGREEMENT
for
KEYS -WEE MOBILE VESSEL PUWOUT SERVICE
between
I ONROE COUNTY AND NATIONAL MARINE WASTE FOUNDATION, INC.
THIS AGREEMENT (Agreement) is entered into tills day of 01 } b
and between the Board of County Conunissio=s 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
Cornmm* ioners, 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 MarineSanctuary; and
WHEREAS, the County has created anchoring regulations, in coordination with the Florida Fish and
Wildlife Conservation Commission (FWC)Pilot Program, which include uinng vessel owners in
n1 anchoring zones to provide proof of sewage pumpout;
'HEREA, it has been determined that it 1s in the hest 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
serces} and
WHEREAS, Contraetoar desires to provide such serviem; and
WHEREAS, the Contractor has applied for a Clean Vessel Act (CVA) program grant through the
Florida Department of Environmental Prote 'ron(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 arm invoicing and are aunti cip at i n g a CVA grant agreement staft date of January
1, 2013 which will commence the billable quarters;
NOW THEREFORE, in consideration of the mutual promise wntained herein, the parfies agree as
follows:
I. SCOPE OFSERVICES:
Contractor shall be the exclusive wider of mine pumpout services for County in the
umncorpomted areas of the Florida Keys and shall also coordinate with County and F C on sewage
purnpout compliance within the nunnaged anchoring zones established by the County. A detailed
Scope of Services is attached as Exhibit A.
Il. 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
DEP Agreement No.MV106, Attachment A, Page 12 of 41
[O-,vk(:11=IkA
November 20, 2012
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 Bond of County commissioners. In the event
the grant agreement with DEP is not executed this Agreement is void, No work shall commence under
this Agn=ent until execution of the CVA grant agreement. The A grwm ent is subject to continuous
funding by DEP of the C A grant. If the CVA grant cancelled or becomes unfunded this Agreement:
is also cancelled, unless the parties amend it in the sane manner as it was originally approved. The
term of this agreement shall be renewable in ac=rdanoe with Section V.
El. AMOUNT OF COMPENSATION AND AVAILABILITY of FUNDS.
Contractor shall not charge customers of the pu.rnpout service for q.
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
sung 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 exp end itur es for services spe ci h ed heir, this agreement may be terminated
immediately at the option, of the Board by written notice of twin at,io n 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. F aym ent under this Agreement is contingent
upon an annual appropriation by the Monroe County Board of County Conunissionersd
I. FA
Payment will be made based on a unit price of $21.81 (Twenty-one and 811100 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 exposes, the first payment (of the first year) will be made at the
bed W n of the first qu arter in advance in the amount of $98,2 7.1 L At the end of the first
quarter, Contractor shall provide a report with documentation of service provided includm' g 1)
signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts
performed and volume of sewage pumped out y service area) and a quarterly pumpout log
summarizing the pumpouts provided, ) copy of signed request for reimbursement submitted to
DEP for the same quarter, and description of additional services or activities provided (as
described in the Scope of Serum). 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 prep aid quart erl y amount, the overage advanced for that quarterly amount will roll over into
the next quarter as a credit to the unty's next payment.
(b) The second and followi�ag quarterly payments of the first year, in the amount of 80,6 .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
DEP Agreement No.MV106, Attachment A' Page 13 of 41
: *V INIgo
November 20, 2012
performed and volume of sewage pumped out (by service arm) mid a quarterly purrout log
summarising the pumpouts provided, ) copy of signed request for reimbursement submitted to
DEP for the same quartet', 3) desoripti ors 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 be made after s ervioe s are rendered for that quarter
and invoiced. The first quarterly payment of the second year will be in the amount of
$871,89. 1. The second and following quarterly payments of the second year will be in the
amount of $80,644.58 and flee invoicing requirements Mdicated in sections (a) and ) above
shall apply. In no event shall payment exceed the annual amount stated above.
(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 purnp outs at no extra charge to the County.
(e) Travel and lodging are specifically excluded from payment or reimbursement.
In the event the amount owed by the County to Contractor is less than the amount available in
any p a ticul ar quarter the remaining funds shall be rolled over to the next quarter and will b
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 bounty 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 Gove meat Prompt Payment Act. After #.he 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 sure shall not exceed the annual total amount sh o rvn in
Paragraph 1U.
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. Dist of the Contractor"s Board of Directors. For each board member please indicate when
elected to serve and the length of tern 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;
4.
c. Orga ization's Policies and Procedures Manual which must include hiring policies far all staff,
drug and alcohol free workplace provisions., and equal employment opportunity provisions;
d. Cooperation. with County monitoring visits that the County may request ding the contract
year -and
e. Other reasonable reports and information related to compliance with applicable laws, contract
provi slow and the scope of services that the Counter may request during the contract year,
3
DEP Agreement N o, MV106, Attachment A, Page 14 of 41
EXHIBIT 1
November 20, 2012
V. RENEWAL:
The County shall have the option to renew this agrement der the oriwnal ten , 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
purnpout vessels and associated equipment and infa tructure. It is the Contractor's responsibility to
maintain all permits and hcAmns that may be required.
By signature hereon, the Contractor warrants that it is authorized by law to engage in the perfonnance
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,
IIt INDEPENDENT CONTRACTOR. -
At all times and for all purposes, the Cont or, its agents and employees are strictly consider to be
independent contractors in their performance of the work contemplated hercu,nder. 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.
I1I. STAFFING:
Since this contract is a service agreement, staffing is of paramount importance. Contractor shall
provide services using the following stands as a minimum requir=ent:
A. The Contractor shall provide at its own expense all ncessary personnel to provide the
services under this contract. The personnel shall not be emp to yees of or have any
contractual relationship with the County.
B. All personnel engaged i� performing services under this contract shall be fully qualified,
and, if required, to be authorized or permitted under Mate and local law to arm such,
wit.
I. TILUIE:
The Contractor shall be responsible for payment of any utility charges associated with the mobile
purapout service. All utility accounts will be held in the Contractoes 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
tatemen t .
4
DEP Agreeme nt No. MVI 06, Attach meat A, Page 15 of 41
10111:3 M
November 20, 2012
I. INDEMNIFICATION REQUIREMENT&
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
UNTY's elected and appointed officers and employees harmless from and against (i) any claims,
anions or causes of action, (ii) any litigation} administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), less, damage, fire, penalty or
business interruption, and (iii) any costs or expenses that may he asserted against, initiated with respect
to, or sustained by, any indemnified party by ran of, or in connection with, (A) any activity of
CONTRACTOR or any of its employees, agents} contractors in any tier or other invitees dining the
term of this Agrmment} ) the negligence or willful misconduct of CONTRACTOR or any of its
employees, agents, contractor's in any tier or other invitees, or (C) CONTRACTOR'S default in respect
of any of the obligations that it undertakes under the terns of this Agreement, except W the extent the
Claims, actions, causes of action, litigation, proceedings, costs or expenses arse from the intentional or
16
sole negligent acts or negligent acts in part or omissions of the COLJNTY or any of its mnploy ,
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 sermon will survive the expiration of the team of this Agreement or any
earlier ten 'nation of this Agreement.
In the event the work under this Agreement is delayed or suspended as a result of the ontmetor's
failure to purchase or maintain the required insurance, the Contractor shall indannify the County from
any and all increased expenses resulting from such delay.
The fast ten dollars (S 10.00) of remuneration paid to the Contractor is for the indemnification provided
for above.,
IIt DONATIONS ANDGRANTS:
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 Moyne County, Such
donations or grants may be applied only to the operatiotW mission i thin Monroe County unless there
is docwnentation 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 & an ci al records pertai n i ng 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 ContracOr 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 adepts the use of any County facilities (e.g. dockage), equipment or
infrastructure that may be provided for use in conjunction with the Keys -Fide Mobile vessel Purnpout
Service in ;gas is" condition, and the Contractor shall allow the County to inspect said facilities and
5
DEP Agreement No. MV106, Attachment A, Page 16 of 41
EXHIBIT 1
November 20f 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 ASSLWTION OF PREhOSES ANDCONDITIONS:
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 fill 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 Contraeto r, 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 ontmctor shall be responsible for the maintenance, repairs 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.
1, NON-DISCRIMINATION:
County and Contractor agree that there will be no di.serirnination against any person, and it i s expressly
understood that upon a determination by a court of competent jurisdiction that discrirr1ijoation has
occurred, this Agreement automati ly ttainates without any finther action on the part of any party,
effective the date of the court order. County or Contractor agree to amply With all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrmination. These include
but are not limited to: l) Title VT of the Civil lights Act of l L 8 8-3 ) which prohibits
discrimination on the basis of race, color or national gin.; ) Title Ix of the Education Amendment
of 1972, as amendW (20 U C ss. 1681-1683, and 1685-1 8 ), which prohibits discrunmatlon on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 U C s. 794), which
prohibits diserhnination on the basis of handicaps; 4) The Age Discn*mination Act of 1975, as
amended (42 U C ss. 101- 6107) which prohibits dis�mination on the basis of age; :5) The Drug
Abuse Office and 'treatment Act of 1972 L 92-), 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 L 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 U C ss.
690dd-3 and 290ee -3), as amended, rely to confidentiality of alcohol and drug abuse patent
records; ) Fide VIII of the Civil Rights Act of 1968 (42 U C 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 U C st 1201 Note), as maybe amended fr= time to time, relating to nondisc n"mination on
the basis of disability; 10) Monroe County Code Chi 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 oilier nondiscrimination provi ons in any
Federal or state statutes vrhich may apply to the parties to, or the subject matter of, this Agernent.
VII. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING:
Contractor shall kccp and ma.i nt do 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 armonab le and
DEP Agreement No.MV106, Attachment A, Page 17 of 41
f*:�r:1iK
November 20, 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 deterrnines that monies paid to the Coniractor pursuant to
this Agreement were spent for purposes not authon zed by this Agreement, the Contractor shall repay
the monies together with ingest calculated pursuant to Sm. 55.03, F # rwm ng 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 A.untant; said audit shall conform to generally accepted auditing
standards and shall be submitted to the County within one hundred twenty (120) days f`ol lowing 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 ex nption from disclosure,
XIS. BREACH OF TERMS BY CONTRACTOR;
The passing, approval, and/or ac ptance by the County of any defect in the serums fumished by the
Contractor, shall not operate as a wmuver by the County of st ict compliance with the terms of his
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 ogees 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
ding the ontraetor's normal business hours,
X, TERMINATION WITHOUTCAUSE:
The County may t �inate 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 provisiaix of services or for the thfi-ty (30) days, whichever is
shorter.
XXI. TERMINATION WITH CAUSE:
The County may tmninate this agreement for cause if the Contractor shall default in the perfor-nance
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 satisfkAion of the County within fifteen (15) days
after the County provides the Contractor with written notice of said default:
a. Paflure to provide pumpout services to liveaboards as described in dtis contract,
bF Fai lurr, to comply with local, state, or federal roles or regulations pertaining to the operation
of pumpout vessels or the handling and/or treatment of vessel waste.
7
DEP Agreement No. III!106, Attachment A, Page 18 of 41
EXHIBIT I
November 20. 2012
C. Breach of any other term, condition or re rement of this agreement.
XXII. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this anent, except in writing
and with the prior written approval of the Hoard 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 a ignment or subcontraet 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 domed to impose any
additional obligation upon the heard,
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 sces, including
those now in effect and hereinafter adopted. Any violation of said sues, ordinances, rules and
regulations shall constitute a tnaterial breach of this agreement and shall entitle the Board to tennfate
this contract immediately upon delivery of written notice of termination to the contractor. The
contractor shall possess proper licenses to perform work in a ordance with these specifications
throughout the term of this contract..
XXIPV. DISCLOSURE, CONFLICT' of INTEREST, AND CODE OF ETHICS
A. The Contractor resents that it., its directors, principles and employees, presently have no
I
nterest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the perfonxce of services required by this contract, as provided in Sect
112.31 1, et. seq_, Florida Statutes.
B. Upon execution of this contract, and there4er as changes may require, the Contractor shall
notify the County of any financial interest it may have in any and all contracts w i th Monroe
County,
C. COUNTY agrees that officers and emp 1 o y= of the COUNTY reco gn ize and will be rcquired
to comply with the standards of conduct for public officers and employees as delineated in
Sermon 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.
XX . FINANCIAL RESPONS Ili 1Lr :
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.
8
DE P Agreement No. MV1 o6, Attachment A, Page 19 of 41
November 20} 20 12
XXv1, NOTICE REQUMEME IT:
Any notice required or permitted under this agreement shall be in writing and hand delivered or
trailed, postage prepaid, to the other party by certi fied mail, returned receipt requested, to the
followingtI.
nne t e in -
-114
Monroe County Administrator
1100 Simonton Street
Key West, FL 3 3040
FOR CONTRACTOR:
and Growth Management Director
798 Overseas Hwy.
Marathon} FL 33050
Ponie Brown; Pumpout USA1150 ...
Hi1a 83 Nord.,,-
DeF,Miak Spring, Figodg 32433
• II. TAXES:
and County Attorney
1111 1 f St., Suite 408
Key West, FL 3304I
T'he County is exempt from payment of Fl eri da State Sales and Use taxes. The Contractor shall not be
exempted by virtue of the County's exemption from paying sales tax to its suppli em for materials used
to Mill its obligations under this conbrw, nor is the Contractor authorized to use the County}s Tax
Exemption lumber 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 govemed by and construed in aceordance with the lags of the State of Florida
applicable to contracts made and to be pafornmed entirely in the State.
In the event that any muse of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, nt, the COUNTY and CONTRACTOR agree that venue shall lie inn the
appra rim court or before the appropriate administmtaive body in Monroe County, Florida. Mediation
proceedings initiated and conducted pursuant to this Agreement sh I be in accordance with the Florida
Rules of Civil Procedure and usuA 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,
XXI , P UB LIC ENTITY CRIME STATEMENT:
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity me 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 pudic
building or public wow 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 contrad 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: $3 ,000.00).
9
DEP Agreement No.MV106, Attachment A, page 20 of 41
EXHIBIT '1
November 2 a,, 2012
X . AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and
warrants that:
(a) The Contractor's name its this agreement is its full name.
(b) He or she is empowered to act and wntract for Contractor,
XXI+ SEVERABILITY
If any term, covenant, condi t ion 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 rernaim�ng terms, covenants, conditions and provisions of this Agreement,
shall not he affected thereby; and each rernaimng term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent p muted by law unless the
enforcement of the remaining tenns, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement, The COUNTY and
CONTRACTOR TOR 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,
XXII. ATTORNEV S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or iinistrative
proceeding is initiated or defended by any party relative to the enf'oro=ent or interpretation of this
Agrc*ment, 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 attomey's fees, coin costa, investigative, and out-o f-pe cket 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 l eo representatives, successors, and
assigna,
Each ply represents and warrants to the other that the execution, delivery and perfonnance of this
Agreement have been duly authorized by all Necessary County and corporate action, as required by
law.
X v. 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 regwred by the other party, to 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
DEP Agreement No. MV106, Attachment A, Page 21 of 41
EXHIBIT 1
November 20, 2012
XXXVI, NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR wan -ant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fii d e employee world ng solely for it, to solicit or
secure this Agreanent 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 its any fee, commission,
percentage, gift, or other considemtion contingent upon or resulting from the award or making of this
Agreement. For the br ch or violation of the pro f sion, 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.
Notwithstanding the provisions of See. 768, 8, 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 umunity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY be required to contain any pmvi lion for waiver,
XXXV11 . NON -RELIANCE BY NON-PARTIES
To person or entity shall be entitled to rely upon the terms, or any of therm, of this A. a nent to
enforce or attempt to enforce any third -party claim or enti dement to or benefit of any smi ce or
program contemplated hereunder, and the COUNT' 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 ofindividuals, entity or
entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the communityin general or for the purposes contemplated in this Agreemeat.
X IX NO PERSONAL IlABILITY
To covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, went or employee of COUNTY in his or her individual capatity, 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.
L. EXECUTION IN COUNTERPARTS
This Agreement may be executed m' 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 count erp art.
1t
DEP Agreement No.MV106, Attachment A, page 22 of 41
EXHIBIT I
November 20, 2012
XLI. SECTION ]HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of refercnee only,
and it is agreed that such section headings are not a part of this Agreement and wi11 not be used in the
interpretation of any provision of this Agreement.
I II. WSURANCE POLI TE
Contractor shall furnish proof of it prior to execution of this Agreement by the County.
Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage
shalI be considered a valid reason for County to terrm"nate this Agreement.
Coverage shall be provided by a company or companies authorized to transact business in ffie 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 D epartrnen t of Labor and a
Certificate of Insurance, providing details on the FACTOR'S Excess hmuirance program.
If the CONTRACTOR participates in a self-insuunce. fund, a Certificate of Insurance will be required.
In addition,, the CONTPUCTOR 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 shWl rewire 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 COLTNTY shall be named as an additional
insured on all .subcontractors' liability policies. Upon request of COUNTY, CONTRACTOR shall
provide such evidence of insurance rewired of the s ubccontr actor.
The CONTRACTOR will not be permitted to commenoe work governed by this contract (including
pro -staging of personnel and matedai) until satisfactory evidence of the wired 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 team of this contract
and any extensions specified in the attached schedules. Fai lure to comply with this provision may
result in the immediate suspension of all work until the required insurance has been reinstated or
replaccd. Delays in the completion of work resulting from the failure of the CONTRACTOR to
maintain the required insurance shall not end 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 C CNTRAC rO ' S failure to maintain the required insurance.
12
CHEF' Agreement N!o_MV106, Attachment A, Page 23 of 41
EXHIBIT 1
November 20, 2 012
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insumce, either.
4 Certificate of Insurance
or
0 A Certified copy of the actual imurancc 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 ess a mimmurn of thirty (30) days prior noti-6cation is given to the
County by the insurer.
The acceptance and/or approval of the CONTRACTOR'insurance shall not be construed as relieving
the CONTRACTOR from any liability or obligation assumed undo' this oDntract or imposed by law.
The Monroe Count Board of County am issiox��, its employees and officials will he included as
"Additional Insu " 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
..
�a1nlMUM:
Insurance Rm uirement .eguired Limits
'porker's Compensation 1001000 Bodily Injury by Accident
$500,000 Bodily Injurer by Disease, policy limits
$ 100,000 Bodily Injury by Disease, each employ
eco izi ng that the work governed by this contract involves Marifime 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. +A. subsection 88) with limi0ts not less than l Million.
The Contractor shall be petted to provide Jones Act Coverage through a separate protection and lndmnnity
Policy, in so far as the coverage provided is no less restrictive than would have been provided by aWorkers'
Compensation policy.
Gmeral Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be;
$ 00,000 per person
300,000 per ocewence
$too, 000 property doge
Vehicle Liability $ 00,000 Combined Single Limit
If split limits are provided, the minimwn limits acceptable shall be:
13
DEP Agreement No. MV 106, Attachment A, Page 24 of 41
November 20, 2012
EXHIBIT 1
2001000 per person
00}000 per oc ffen e
$200,000 property damage
Po ut ion Llabiffty 1 Million per occurrence
Recognizing that the work govemed by this contract involves the storage, treatrnent, processing, or
transporting of potentially polluting material, the'Contractor shall purchase and maintain, throughout
the life of the contract, Pollution Liability durance which will respond to bodily injury, property
damage, and environmental damage caul by a discharge of wastes which are governed by this
contract_ The policy must sg eci fi cal ly identify this contract and specify that coverage will extend to all
tosses, claiming pollution or environmental impaimnent, &rising out of the services governed by this
contract.
The minimum limits of liability shall be:
1 Million per occwence
If coverage is provided on a claims made basis} an extended claim reporting period of one (1) year
will be requiredt
Monroe County and its Board of County Comnussioners shall be named as an Additional Insured.
Watercraft Liability $1 MilIion Combiuned Single Limit (CS L)
Prior to the commencement of work governed by this contract, the Contractor shall obtain water Cry
Liability Insurance with terms no less restrictive than those found in the standard "American, I titute
HullClauses" (,tune ,,197? edition). Coverage shall be maintained throughout the life of the contract
include, nclude, as a minimum:
:
• Injury (including death) to any Person
• Damage to P ix ed or IIovab 1e Obi ects
• Costs A o dated 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 mlimits acceptable shall be.
S I billion Combined Side Limit (CSL)
Coverage provIt
ided by a P rot echo n 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
D EP Agreement Ne. MV106, Archmeat A, Pepe 25 of 41
EXHIBIT 'I
November 20, 2012
LIII. ENTIRE E AGREEMENT
This a reaanent constitutes the entire agreement between the County and the Contractor for the
seMees contemplated herein. Any amendments or revisions to this agreement must be in writing and
be executed in the saine manner as this agreement.
. f WftNE 'HEREOF the parties hereto have executed this Agreement on the day and date first
ntt . $. ove n four (4) counterparts, each of whieh shall, W*thout proof or accounting for the other
uxt p&% �e"ALeeined an ori&M contract.
. 1 r
�
(SEAL) r
i Attest: AMY HEA ILI . CLERK EW RI) OF COUNTY COMMMRIONFR-1
C7
]deputy Clerk
OF M OE COUN LOIDA
By: 44 �
N4 ent
ayor George 4
MON E COUNTY ATTORNEY
a,,O� OYED Jos T!RAM
Dale —_
PUMP T SA, IN .
By. P t� S/�
ESS
Print name: � �h P nt name and title:
By: CL
WnNES
Print name: gektt6&A r
STATE OF ElordA
COUNTY OF
On this may of �UWV121 before me the person whose name is subscribed above,
and who produced I entification, acknowledged that he/she is the person who
exeGuted the above Contract for the pulses therein contained.
r.
Pu lic
Print Na e � �a
1�I Y COMMOM # EE 24991
!y ciDmmission expires.'kaeal ExP : 01
15
DE P Agreement No.MV106, Attachment A. Page 26 of 41
EXHIBIT 1
Novembex 13} 2012
L4RBYJ A U CONFLICT 4F INTEREST C 1AUSE
ETHICS CAUSE
SWORN STATEMENT UNDER ORDINANCE NO, 010olOOO
ONROE COUNTY, FLORIDA
vlr 6S'
-.01 --./
(Co ►pant'
". F.werrants that he/It has not employed, retained or otherwWa 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 aver
or employee In violation of Section 3 of Ordinance No. 01 0-1990. For breach or violation of this
provision the Counter may, in its discretion, terminate this Agreement wNhout liability and may also, In
its discretion, deduct fry the Agreement or purchase pry, or cthervise recover, the fun amount of
any fee, commission, pementage, gift, or consideration pal. to the forger County officer or
employee."
(Signrimer
Doi e;
STATE OF:
COUNTY OF: /ein 7%1,,-0-
Subscribed and sworn to (or affirmed) before me on ' ,6 �--- (date) by
y' 4 i
AD
{ name of siffi anti. He/She Ms personally Inn to
Paluj,�-t
� Rree or has producedA - �2. ..r�-(typeof Identification)
as identification.
P�4.� �� 2�L Ra,�L-o
NOTARY U-1300
My Commission Expires: � � 1
PENY A. THHEADGILL
k Fair Fttb�JC - -alms aj Ploridla
My CejTiin I kp+rC-s Apr V 21DI 4
lit
16
DEP Agreement No. V106, Attach meat A, Page 27 of 41
EXHIBIT 1
r) I '>% Ito
PVovwuUer 1 3, 2012 01 ) /
. __ NON-COGLUSION_AFFIDAVi
i of the cil y ofAacco rdi to lave on my
oath, and under penalty of perjurer, depose and say that
a.INof the firer of
1W OR
the bidder mating the
Proposel for the project a `lbed�Inhe Request for Proposals for
od V..J&4!5 Wy and that I executed the sa Id
proposal with full authority M do so;
b. t he prices in this bid have been arrived at Independently without collusion, cons mitation,
communication or agreement for the purpose of restdcting competition, as to any matter
relating to such prices with any other bidder or with any compe or;
C. unless othe se requked by lair, the prices which hwe been quoted in this bid have not
been kno%dngly diedcsed 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 oor;wation to submit, or not to submit, a bid for the purpose of restricting
competition;
A
STATE OF:
OUNTY OF,
the statements corineo in this affidavit are true and correct, and made with tall
Knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for sold project.
Date: �Aoxzrz�
61/A�-TD
Subscribed and sworn to (or affirmed) before me on - _� (date) by
Lin V\ II r0 "1"l 'LL
(name of afli en tj, ' He/She Is pe o na l ly known to
me or has produced � � -Jzx C, .�.4.p))?,L (type of Wentification)
as identlflcatlon.
F i My C Dnlnl rxplf Wo AW 7 70 1
I, fly Commission Expires: Y.-P,
II
DEP Agreement No. MV106, Attachment A, Page 28 of 41
EXHIBIT 1
November 13, 2012
Thin undersigned von or in
LF-Li.,
(Name of Business)
DRUG#FREE WORKPLACE Fly
-------
ante with Florida Statute 87.087 hereby certifies that:
I . Publish a statement notifying evnployees 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
aselstanoe programs, and the penalties that may ba Imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providJng the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1),
4. In the statement specif led In subsection (1), notify the employees that, as a cond on of
working on the commodities or contractual services that are under bid, the employee vAii abide
by the terms of the statement and will noth the employer of any conviction of, or plea of guilty
or nolo contenderre to, any violation of Chapter 89 (Florlda Statutes) or of any controlled
substance law of the Urtiited States or any state, for a violation occurring in the workplace no
latter than ire () days after such conviction.
5, impose a sanction on, or rewire the satisfactory participation In a drug abuse assistance or
rehabilitation program if such is available In the employee's com munky, or any employee who
Is so convicted.
6. flake a good faith effort to continue to maintain a drug -free workplace through implementation
of this sc ion.
As the person authorized to sin the statement, l IWth his fir complies fully with the above
requirements.
(fre)
Date.,
STATE OF
COUNTY OF; AlAe. TO
Subscribed and sworn to or affirmed) before me on (darts
I L tQ t I (name of affiant , He/She is personally known to
t a
me or has produced ` =r - (type of identification)
as
PEA13Y
aye+.
F )AT Comm Fxpires Aw P. 2014 U NOTARY PUBLIC
i tiQ��IIII>I�fJ�I# ( 4�i;:f
my Commission EX plres. l
18
DEP Agreement No. MV106, Attachment A, Page 29 of 41
EXHIBIT 1
klI oYormbu 13, 2012
PUBLIC ENTITY CRIME STATEMENT
„ person or affiliate who has been placed on the convicted vendor list following a conviction for public
entky crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bld on a contract wRh a public entity for the construction or repair of a pub#c building
or public work, may not submit blds 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 data of being
placed on the convicted vendor list,6
"or--
i have read the above and state that neither '. p
dcow,&1111: Res ondent's name nor
any Affiliate has been placed on the convicted vendor list within thO That 36 months.
tsInat
STATE Off: ,Q-•
COUNTYOF; z�eJ.41,1za'I
r to (o r affirmed) before me on -, a date
Subscribed � sworn (date) by
�..r�
,CLL� Vy)
77T
C) n . name of aff n . e
t he is personalty known to
me or has produced QWL-k-A+ �---
-` +-�'€-• (type of Identification)
as identification t
NOTARY PUBLIC
y Expires:
ires:
pEOGY A THRiEAMI
oil #SIT GOMan ESP 041 Ate'
�l1itl�i«1i #
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V',
DE P Agreement No. MV106, Attachment A, Page 30 of 41
EXHIBIT I
Novew her 1., 9.017. 1
Reapondenfs Insurance and lndemniflcation Statement
Insurance RgU111LIMent Ral"adlimits
Worker's Compensation l 000000 Bottily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
i 00,OW B odl ly Injury by DIsenae, each employee
Recognizing that the work governed by this contract involves liar*ititric gyration% the Contractor's Workers
Compen.ution Insurance Policy sluil l i t a covcrage for claims subject to the Federal ,cones Act (0
U.. *A. subsection 699) witli limits not less gion V Million.
The Contractor steal l be perm i tad to provide Jonm Act Covemp through a sopuzate Protection and Indemnity
Policy, is se far as the coverage provided is no Ins r-cstrtotive thin would have been provided by a Worlwrs
compear ation pot icy.
General Liability $300,000 Combined Shigle Limit
If split lirnits are pr ided, the mi l in -Li is acceptable shall tie-
$200,000 per person
$300,000 per occur ace
$200,000 properly to ge
Vehicle Liability $300,000 Combined Sht& Limit
If 4Vl it limits auv provided, ilia t infinurn limits se ptable shall be
$ 00,000 per person
$300,QOO per occutirence
00,000 property damage
Pollution Lability S l billion per Occurrence
Recognizing that the work governed by this contract involves the storage, tatnww, pr c ccssing, or
hvnspo ruing of potum ially pol l uthig material, the Contractor shall purchme and maintain, ntain, ft-oughout
the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property
damage, and environmental damage caused by a d ischarpc of wastes wl ricl, = dovemed by this
cor tr- tT'he policy must spcei f ically identify this contract and specify that coverage will extend to all
lossm claiming pollution or cnvironntental impairment, arisi rig out of the services governed by this
contract.
The minimum Ihnits of liability slxall be:
$ l Million par Occunvntce
If coverage is pr ovrdod on a clahns made basis, an extendcd claims mporting per kid of one (1) year
will be r•e(prlred,
The Monroe C: o u my Board of County Coin rnissi o ners shall be narned as mi Additional Insured,
20
DEP Agreement No.IV106, Attachment A, Page 31 of 41
EXHIBIT 1
November 13, 20 12
1 atetrraft Liability S t Mi 11 iorr Combined Si ngle Li i nit (CSi)
Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft
Liability Insurance with terms no lea restrictive than those found in the standard "Amer n Institute
Hull 1Clauses" (June 2, 1977 edition), oveitge shall be inaintm nod throughout the life of the contract
include, nclude, as a trilxa nium:
0 Injury (including death) to airy Pet -son
0 Damage to Fixed or Lovable Objects
0 Costs Associated with the Removal of Wrecked Vomls
0 Contrwtiml Liability With Respect to this Contract
If the policy obtained states that oovemSe applies for the "Acts or Omissions of a Vessel", it shall he
endorsed to provide coverage for the legal liability of the shipowner.
The m i nlnanu limits acceptable siml l
$l Million Canibirtod Single Limit (CSC.)
CoverCoverap provided by a Prot Lion and Indemnity Club (P&T) shall he subjeet to the approval of the
County.
'I'he forme County Board of County Comniissioners shall be nab as Additiotud Insured on all
policies issued to satisfy the above roqui silents.
l l L
Notwithstanding any minimum Insurance requirements prescribed elsewhere In this a reemmt, the Respondent
covenants and agrees that he shall defend, indemnify and hM. the COUNTY and the COUNlYs emoted and
appo kited offers and employees harmless from and aga st @ any clplms, actions or catmest of action, (0) any
litigation, administrative proceedings, appellate proce"rQz 'or other proceedings relating to any type of injury
(Including death), loss, darn, fine, penalty or business interruption, and Via') any costs or expenses that may
be asserted against, lnit#ated with respect to, or sustained by, any lndernrfled party by reason of, or to
connection with, (A) any aoNty of Respapdent or any of tta ernpFoyees, agents, oontraotors in any ter or other
invitees dwing the term of this Agreement, (13) the negligence or willful misconduct of Respondent or any of its
employees, agents, respondents in any ter or other Invitees, or (C) Respondents default In rsp"4 of any of the
obligations that It undertakes urWer the terms thip AgrWneM e=apt to the extent the oiahms, actione, causes
of action, litigation, prooeedkgs, costs or expen s aOse from the intentlonel or sole negligent acts or negligent
ac4s In pert or ondsstons of the COUNTY or any of Its employees, agents, contractors or lnvbes (oftr than
RESPONDENT). Insofar as ft claims, aotonst causes of adlon, lit etloN proceedings, its or expenses
relate to 9%mnis or drcurnstances that cur during the term of this Agreement, this asetion will survive the
expiration of the term of this Agreement or any der termtnation 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 lnrsuranr , the respondent shall indemr ify the
County from any and all increased expen s resulting from such delay.
In the event the work under this Agreement is delayed or suspended as a result of the Conb tor's failure to
purchase or maintain the required insurance, ttre Contractor shall indemnify the County from any and ail
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Despondent is for the indernnificatlon 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.
RE P!QNDEUT'S SMEMENT
DE r Agreement No, MVI 06, Attachment A, Page 32 of 41
EXHIBIT 1
November 13, 2012
i undarstiand the insurance that MR be mandatary N ded the mitred and will comply in full Frith all the
requ ments, r
A
-1 1 .. :
Aespondent atum
J j
1
DEE Agreement No. MVII06, Attachment A, Page 33 of 41
EXHIBIT 1
Scope of Services
For
Mobile Vessel Pumpout Service
Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of
unincorporated Monroe Counter within the Flon'da Keys. The pumpout service is provided to
reduce or eliminate environmental impacts associated with the illegal discharge of sewage from
i 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
Mobile Vessel Pumoout Service
The Pumpout USA will provide mobile vessel pumpout service consisting of a minimum
oaf s marine pumpout vessels to service Le. puMgouO vessels located in the
unincorporated areas of Monroe County. Each of these six marine pu npout vessels will
work g hours per day, 5 business days per weep i n the areas designated on the attached
Mobile Purnpout Service Coverage Map (Attachment l)- 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 Counter within the Florida Keys (up to once per week),
will be provided to anchor -out vessels. Pumpout USA may also provide service to
vessels at marinas (with priority given to marinas without pumpout facilities), but only
alter 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
), pumpout USA will provide service to vessels anchored in Managed Anchoring
Zones,whether registered � �
for pumpout service or otherwise, i n accordance with the
frequency described in the County anchoring ordinance. purnpout [SSA VAII 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 Registrat inn of Customers below), which will assist i n streamlining
the service through the utilization of "identification decals' indicating participation in the
DEP Agreement No.MV1 06, Attachment Ar Page 34 of 41
EXHIBIT 1
punipout 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 offl oaded and properly disposed of utilizing Fixed pumpout stations
located throughout the Keys, and when necessary hauled out by licensed haulers.
. Stafring
Pumpout USA, at its own expemqe, will provide all personnel required to perform this
contract and all personnel engaged in performing services under this contract shall be
fully qualifi 4 and, if required to be author wd or peffnitted 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 C o ntrac to r will provide vessel operators and a Prof ec t Manager that has ex tensi ve
experience and training in the pumpout industry,
The Project Manager will maintain an office at Mote Marine Laboratories in Summerland
Ivey and his/her pn*mary duties will include;
Coordinating pump -out schedules
Regi sten'ng customers for service
9 Obtaining registrants' contact information and location for pump -out service
e 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 roans for participafion in the program will be made available online through
the Pumpout USA websi te. AddWonally, 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 inforrn ation, which will be entered into the service schedule. Upon the first
visit by the pumpout vessel the pumpout vessel operator wi l l affix the identification decal
to the bow of the vessel (adjacent to the state vessel registration decal location), and
attach the orange service banner to the bow rail.
DEP Agreement No. MM 106, Attach ment At Page 35 of 41
EXHIBIT 1
A service schedule for each pumpout vessel placed in service will be made avail able on
the pumpout USA website, The registration forms provided on the website will request
the mooring location of the vessel (lat/long), I gistration number and state, size and type
of the vessel, the name of the Gressel} 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 Educatio
Fum pout 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 environmcnt. These materials will be made
avai l able 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) wilt also participate in, and promote clean
water through this pumpout service at public gatherings, marina meetings, Fishing dubs,
Civic Organization Meetings, Secondary Education Science Masses} etc.
. rdingtion with County staff and F�
urnpout 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 prograrn or rNuesting
pu spouts. Each pump out vessel operator will give special attention to vessels in
Managed Anchoring Zones and will communicate daily to the project Manager for F wC
reporting.
Section B: Dellverables
l . h n yumpout Cogs
ign monthly pumpout logs will be submitted, speck to each pumpout vessel and
broken down by service area, indicating the number of pwnpouts performed, volume of
sewage pumped out, and number of i ndividual vessels pumped out.
2. QgAllerly „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
DEp Agreement No.MV10, Attachment Ar Page 36 of 41
Ow 0114ka.
* 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
I Invoicing
Pumpout USA will submit a signed invoice
quarter's payment, as stipulated in the contract.
contract) will be used on a per unit rate.
on Pumpout USA letterhead for each
The tnvo ice cost (as described in the
DEP Agreement No.11 V106, Attachment A, Page 37 of 41
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ATTACHMENT B
GRANT PAYMENT/MATCH REQUEST
Pumpout USA, Inc. MV106 CVA 12- 73
DEP Program: Clean Vessel Act Grant Program
If Department payment is being requested, an invoice on your letterhead must accompany this form.
CVA Funds Monroe County
(75%) of costs (25%) of casts
Mobilization tion of Vessels
Monitoring Equipment
Monitoring Service
Operations
Fumut cost
aintenee of vessels
Sewage l' Iaul.irig
Vessel Side
ebsite Creation
Education and instructional
Materials
TOTAL PROJECT
5% Grantee match �
75% reimbursable to Grantee
i attest that documentation has been and will he rnalntained as required by this Agreement to support the amounts reported
above and is available for audit upon request. I attest that all expenditures prior to this request have been made and are
true and accurate and are on iy for the purposes as descrii bed in Clean Vessel Act Grant Prea eet Agreement No. MV 106. 1
further attest that Pumpeut USA, Inc. has complied with the terms and conditions of this Agreement.
grantee's Project Manager
DEP 55-240 (5/09)
DEP Agreement No. MV 106, AMchment B, Page 1 of 1
Date
ATTACHMENT
Contract Payment Requirements
Florida Department of Financial Services, Deference Guide for State Expenditums
Cost Rehnbursement Contracts
Invoices for cost reimbursement contracts roust be supported by an iWmized listing of expenditures by category
(salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures
for categories in the approved contract budget should be reimbursed.
IR
Listed below are examples of the types of documentation representing the minimum requirements:
( 1 ) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salami charges, ftge benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of fringe
benefits, then the calculation for the fringe benefits amount roust be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for #Tinge benefits.
(3) Travel: Reimbursement for travel must be im accordance with Section 112.061, Florida Statutes,
which 'Mcludes submission of the claim on the approved Mate travel voucher or
electronic means.N/A under this Agreement.
4) Other direct cow: Reimbursement will be made based on paid invoicestreceipts. If nonexpendable property
is purchd using Mate funds, the contract should include a provision for the transfer of
the property to the State when svices are to minated. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-1.017, Florida
Adminisirative Code, regarding the requirements for cuntruts which include services and
that provide for the contra or to purchase tangible personal proper as defined in
Section 273.02, Florida Statutes, for subsequent transfer to the Mate,
(5) In-house charges: Charges which may he of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units tunes the rate being charged. The rates
roust be reasonable. N/A under this Agreement.
(6) Indirect costs: If the contract specifies that indirect costs will be paid lamed on a specified rate, then the
calculation should be shown. N/A under this Agreement.
Contracts between state agencies, and or contracts between universities may submit alternative documentation to
substantiate the reimbuwrs went request that may be in the form of PLAID reports or other detailed reports.
The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this
web address: httD://www. fldfs.corWaadir/reference uide.htm
DEP 55-219 (05/2008)
DFF Agreement No. MV 106, Art ichme nt C, Page t of i
ATTACHMENT D
PROGRESS REPORT FORM
DEP Agreement No.: MV106
Grantee Namee
Grantee Address F
Grantee's Grant Manager, Telephone No.:
!2uarterlylie actin Period*
Pro'ect Number and Title:
Provide a summary of project accomplishments to date.
Provide an update on the estimated time for completion of the project and an explanation
for any anticipated delays.
Identify below, and attach copies of, any relevant work producU being submitted for the
project for this reporting period (e.g., copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements of DEP Agrwment No.
MY 106 and accurately reflects the activities and costs associated with the sub j ect project.
Signature of Grantee's Grant Manager Date
DEP Agreement No. MV 106, Attachment D, Page Y of 1
ATTACHMENT E Approved by 0ma
DISCLOSURE OF LADBBVING A TIVIT ES
Complete this f'onn to disc We lobbying ac i►►ities purmant to 31 U.S.C. i3S2
(See revem for public burden disclosure,)
I. TYPe of Federal Aetion: 2. Slatu3 of Federal Action: 3. Report Type:
E�
El
a~ contract .
$, bidloffer/aippliesitron a+ initial filing
b, gmt
h. initial
0. 000pem 3ve agreement
award b. material ohmp
d. C. 1-ate
For Material Change Only:
e. loan guarantee
f. loan insurmee
ye8r. _ quarter
date of Iast mport
4+ dame and Additu of Reporting Entity:
3. It Repordog Entity► io No. 4 is Subawardee, Enter Dame
Q Prime Elubawardeo
sad Address of Prime:
Tier {'�crtwrt:
Congressional DWdct, tfknown.
Congrenional District, #,known.
6. Federai DepartmenttAgency:
7. Fede rai Program Nam eseripdon:
CFDA Number, {f applfcable:
g. Federal Action Nombtr, if wrr:
9. Award Amount* (0nown:
S
10. a. Name and Addren of Lobbying Entity
h. indiv dusils Performing Services Oncltdfnj ads if
i� hidivrad, last name. Psi name. Ml):
different from No. 10a)
Oast name, first nam, W:
Wch Contim ghon Sheet(,Y
S - LL4. if ge2E
11. IaforaxatiQo requss'd ttirn this farm is autherhed bar We 31 U.&C
Signature:
ieetiaa 13SL 7lds disdowr+e of lobbying acth4l#e: is s material
representation of bct upon which re[iaace was placed by the tier above
Print blame:
w thi 4mosacdop wRz made or entered Jou Ttb dWosar+e b required
p umot to 31 U.&C. L"L This iaformtatign w10 be report * CAMpm
Title:
rani -annually and wffl he available for public lmspeWen. Any penon who
fs's to foe the requtt+ed diadmre shall be sablect to a civil peaa]tY Of aat
Telephone No.: Dsltct
leas ##ten SJOADO and oat more then MOW far each such ware.
FedaW Use Y=
Auffiodzed for L=W Reproduction
Stuadwd Form - LLL gkov 7 - 97)
Dorm DEP 55-22 x (01/01)
DEP Agreement No. ITV 1062 Attachment E, Page 1 of 2
INSTRUCTIONS FOR COMPLETION OF SFTLLL, DISCLOSURE OF LOBBYING ACTIVITIE
This disclosure form shall be completed by the reporting entity, whether su bawardee or prime Federal recipient, at
the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31
U.S.C. section 1352. The tiling of a form is required for each payment or agreement to mane payment to any
lobbying entity for Influencing or attempting to Influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection nth a covered
Federal action. Complete all Items that apply for both the initial filing and material change report. Refer to the
Implementing guidance published by the Office of Management and Budget for additional information.
1. Identify the type of covered Federal action for which lobbying aethdty is and/or has been secured to
influence the outcome of a covered Federal notion.
21 Identify the status of the covered Federal action.
3. Identify the appropriate classification of this report; If this Is a followup report caused by a material
change to the Information previously reported, enter the year and quarter In which the change occurred.
Enter the date of the last previously submitted report by the reporting entity for this covered Federal
action.
4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congrional
District, If known, Check the appropriate classification of the reporting entity tha t designates If it is or
expeeU to he, a prime or subaward reeiiplent. Identify the tier of the subawardee, e.g.} the first
subawardee of the prime is the 1st der. Sabawards Include but are not limited to subcontraeft,
subgrants and contract awards under grants.
5. If the organ Lion fsliing the report in item 4 checks " ubawardee", then enter the full name, address,
city, state and zip code of the prime Federal recipient Include Congressional District, if known,
6. Enter the name of the Federal agency making the award or loan commitment. Include at least one
organisational level below agency name, It known. For example, Department of Transportation, United
Mates Coast Guard.
i. Enter the Federal program name or description for the covered Federal action (item 1). If known, eater
the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements,
loans, and loan commitments.
g. Enter the most appropriate Federal identifying number available for the Federal action Ideintified in
Item I (e.g., Request for Proposal (RFP) number; Invitation for Did (IFB) number; grant announcement
number; the contract, grant, or loan award number, the application/proposal control number assigner]
by the Federal agency, Include prefixes, eg., "RFP-DE-90-001."
9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,
enter the Federal amount of the awardlloan commitment for the prime entity identified in item 4 or S.
10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting
entity identified in item 4 to influence the covered Federal action.
Enter the full names of the Individual(s) performing services, and include full address If different
from 10 (a). Enter Last Nance, First Name, and Middle Initial (Mt).
11. The certifying official shall sign and date the form, print his/her name, title and telephone number,
According to the Paperwork Reduction Acts as amended, no persons are required to respond to a coiieetion of laformflon unless it
displays a valid OMB Control Number. The valid OMB control cumber for this information collection is OM$ No. 0348-04 . Public
reporting burden for thh eollection of information is. esfimated to average 30 minutes per response., including time for reWewing
instracdom* searching exisdug data sources, gathering and malataiaing the data needed, and -completing and reviewing the collection of
Information. Send comments regarding The burden estimate or any other aspect of this collection of information, including mggestiuns
for reducing this burden to the Off ee of Mang ement and Budget. Poperework Reduction Project 93484 wsshia D.C. 20503,
Form DIP 5 5-2 1 (0 1 /0 l)
DEP Agreement No. MV 106,. Auachment E, Page 2 of 2
T-I
18
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ATTACHMENT
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 requ4ing compliance
with Executive `Order (E.O.) 11246, "Equal Employment UpporMWty," as amended by E.O.
113757 Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR past 60, "Office of Federal Contract Compliance
Arograrns� Equal Employment Oppommity, Department of Labor."
2. Copel$nd "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of S2000 for construction or repair awarded by recipients and subrecipients
shall rmc lude a provision for compliance with the Copeland "Anti -Kickback" Act (I 8 U. S.C. 874))
as supplemented by Department of Labor regulations (29 CFR part 3, TontracWrs and
Subcontractors on public Building or Public Work Financed In Whole or in part by Loans or
Grants from the Urdted States"). The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any mom, any person employed in the construction, completion, or
repaYr of public work, to give up any part of the compensation to which he is otherwise entitled.,
The recipient shall report all suspected or repotted violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U. C. 276a to a-' - When required by Feder program
1 egi s cation, all construction contracts awarded by the recipients and su brec ipients 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 AssistedConstruction").
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 Secm tary of Labor.
In addition} contractors shah be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination rued 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 Fours and Safety Standards Act (40 U-SX. 327- 3) - 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 Section 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department ofLabor reguladons (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 Yz times the basic rate of pay for all hours worked in excem of 40 hours in the work week.
Section 107 of the Act is applicable to const mction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which m unsanitary,
humdous 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 hmsportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
perforrmance 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 pan
4011 "Rights to Inventions Made by Nonprofit Organizations and Small business Firms Under
Govemment Grants, Contracts and Cooperative Agneernents," and any implementing regulation
issued by the awarding agency,
DFp A4r went No. MV 106, Attachment art Page 1 of 3
. 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 se+) ` Contracts and sub nts of amounts in excess of $1oo,000
shall contain a prov,�s�on #tint requires tl recipient to agree to comply with all applicable
dards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and
the Federal rater 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.Sx. 1352) - Contractors who apply or bid for an award
0 f S i 00.000 or more shad file the requ ired ceCtificadon. Each tier certifies to the der above that it
will not and has not used Federal appropriated funds to pay any person or organ motion 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 € isclose any lobbying with non -Federal funds that takes place in
connection with obtaining any Federal award. Such discloses are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.0.s 12549 and 12689) -Igo contract shall be #Wade to parties
listed on the General Services Administrartion's List of Parties Excluded from Federal Procurement
or I onprocuretnent Prograrrrs 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
age
ncies,, and contractors declared inel ble under statutory or regulatory authority other than
E.0, 12549. Contractors with awards that exceed the small purchase dmhold shall provide the
requhvd certification regarding its exclusion status and that of its principa.1 employ .
9. Section Sog of the Federal water Pollution Control Act, as amended (33 U.S.C. 136and
Section 1424(e) of the Safe Drinking Water Act (42 U.S+C, 3OOh- 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 app licable standards, oWers or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S. C. 13 ) 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. CompHanee with all Federal statutes relating to nondiscrimination - These include but are not
limited to: (a) Title vi of the Civil Rights Act of 1964 .L. 8 -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. 6 l 0 l -6 i 07), which prohibits dice irnination
on the basis of age; (d) the Drug Abuse ice and Treatment Act of 1972 (P.L. 92-25 , 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. 91-6 i 6), as
arnende4, 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
ceded, relating to confidentiality of alcohol and drug abase patient records} (g) Title II of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nonndiscriminartion 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.
Compliance with the requirements of Titles 11 and 1H of the Uniform Relocation Assistance
and Read 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. Comp fiance with the provisions of the Match Act (3 U.S. C. 1 So1— 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. MV 106, Attachment fir} Page 2 of 3
13. Compllanee, if applicable, with flood insurance purchase requirements of Section 1 o2(a) of
the Flood Disaster Protection Act of 1973 (PL. 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 whlch may be p crribed to the following- (a)
institution of environmental quality control measum under the National Environmental Policy
Act of 1969 (P.L. 9 I -190) and Executive der 11 r 14; ) noti frcWon of violating facilities
Pursuant to E. C. 1173 8; (c) protection of wetlands pursuant to F_0. 1 l 99o; (d) evaluation of flood
hazards in floodplains in accordance with E.C. 11988, e) assurance of project consistency with
the approved Mate 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 Sermon 176(c) of the Clem Air Act of 1955, as amended (42 U.S.C,
7401 et seq.)* (g) protection of underground sources of drkddng water under the Safe Drinking
Water Act of 1974, as amended .L. 93-523)* and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended .L. 93-205).
15. Compliance with the wild and Seemic Rivers Act of 19 (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 lob of the National Historle Preservation Act of 1966, as amended
(16 US.C. 470)0 E.O. 11593 (identification and protection of historte propertles), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq*
17. Compliance with PX, 9 48 regarding the protection of human subjects involved in research,
developrnent, and ,Mated activities supped by this ward of assiftnee.
18. Compliance with the Laboratory Animal welfare Act of 1 6 (P*L. 89-544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the cam, handlin& and treatrnent of warm blooded animals held
for research, teaching, or other activities supported by this Agmment.
19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.&C} 4801 et seq.) that
prohibits the use of lead -based paint in c ons'tructi o n or rehabilitation of residence structures,
20. Compliance with the mandatory standards and poficles relating to energy efficiency that are
contained in the Mate energy conservation plan issued in accordance with the Energy Policy and
Conservation Act(Pub. L. 94-163, 89 Stag 871).
21. Compllance with the Drug Free Workplace Act* The recipient shall comply with the provisions
of the Drug -Free Workplace Act of 1988 (Public Law 1 ��-690, Title V, mac. 5153t as amended by
Public Law 105-$5} Div. A} 'Title VIH, 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 requ ire that the recipient take steps to provide a drug -fie 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 Amenican Act," The Grantee should review the provisions of the
Act to ensure that expenditures rye under this Agreement are 'n accordance with it. It is the
sense of the Cons 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 CF R Pant 17 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 (NPA ), as amended (22 U.S.C.
7i o4(g)+
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DEP Agreement No. MV106, Attachment C, Page 3 of 3
ATTACHMENT Il
REGULATIONS
Formal regulations concerning adrninistrative procedures for Department of Interior O1) 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 amply to the work performed under this A xwment.
General
43 .F.,R. 17 Nondisen'mination in fedemily assisted programs of the l -Ol
Grants and der Federal Asaiatance
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 agmments with
institutions of higher education, hospitals and other non rofit orizations
43 C.F.R. 1$ New restrictions in
ctions on lobo
43C.F.R. 43 Government wide requirements for drug -free workulace
Other Federal Regulations
2 C.F.R. 1400 Suspension and Debarment
48 C.F.R. 31 Contract Cost Prm" civles and Procedures
Oiiee of Management and Budget Circulars
A-21 2 CFR 2 a,
Cost Principles for Educational Institutions
A-8 2 CFR 22 Cost Princi les for Mate Local, and Indian Tribal Governments
A-1 2 (2 CFR Cost Principles for Ikon-lfrt Organ izations
LOJ
-13 3 Audit Rea u irements
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DEP Agn=ent No. MV 106, Attachment H, Page i of 1