02nd Amendment 07/17/2013AMY REAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: August 15, 2013
TO: Christine Hurley, Director
Growth Management Division
ATTN. • Mayra Tezanos
Executive Assistant
FROM. • Vitia Fernandez, D. C.
At the July 17, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following items:
Item H1 Grant task assignment with Florida Fish & Wildlife Conservation Commission (FFWCC)
to receive a $50,000 grant for the removal of invasive exotic plants from conservation lands that are
owned or managed by Monroe County.
Item H2 Grant task assignment with Florida Fish & Wildlife Conservation Commission (FFWCC)
to receive a $75,000 grant that will allow the County to continue employing part-time, temporary
invasive exotic plant control technicians to treat invasive exotic plants on conservation lands that are
owned or managed by Monroe County.
Item H4 Inter -Local Agreement (ILA) between Monroe County and the City of Marathon (City)
reimbursing the City in an amount up to $25,000 from Boating Improvement Funds (BIF) for costs to be
incurred by the City during FY' 14 for improvements to the Dodge Lake boat ramp.
Item H10 Amendment No. 2 to the Agreement between Monroe County (County) and Pumpout
USA, Inc. (Contractor) for Keys Wide Mobile Vessel Pumpout Service, continuing to provide quarterly
payments, but deleting the required monthly and quarterly pumpout quota and associated per unit
pumpout price, providing for a slip for the Contractor's pumpout boat at the Murray Nelson Government
Center in Key Largo, and providing for evaluation of the Contractor's performance in January, 2014.
Item R2 Ordinance amending Monroe County Code (MCC) Section 130 -160 pertaining to
transferable development rights (TDR's) by revising the provisions of the section to be consistent with
Monroe County Comprehensive Plan (CP) Policy 101.13.4. (Copy sent via email 811512013)
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500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 -295 -3130 Fax: 305- 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146
Item R4 County Ordinance amending Monroe County Code, Chapter 6, Section 6 -23 clarifying the
definition of normal maintenance or ordinary minor repair work; amending Monroe County Code,
Chapter 6, Section 6- 100(a) increasing the dollar amount of the building permit exception for minor
repairs from the current amount of $1,000 to $2,500; clarifying the applicability and limitations of this
section; clarifying the exception for work in areas subject to floodplain management requirements;
removing tool sheds from the listed exceptions with an effective date of July 1, 2013; and removing
shutters from the listed exceptions. (Copy sent via email 8115113)
Item R5 County Ordinance amending Monroe County Code, Chapter 6, Section 6- 237(a)(1)
clarifying the method in which a contractor's Certificate of Competency may be obtained; and providing
deadlines for an applicant to take and pass all required examinations (s) for his/her desired discipline.
(Copy sent via email 8115113)
Item R6 County Ordinance amending Monroe County Code, Chapter 6, Sections 6- 240(a); 6-
240(b) and 6 -242 clarifying the powers and the duties of the Contractors' Examining Board (CEB)
regarding license renewals and reinstatement of lapsed Certificates of Competency; providing for a grace
period and late renewal penalty. There was no public input. (Copy sent via email 8115113)
Enclosed is an original for each of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File
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500 Whitehead Street Suite 101, PO Box 1980, Key West FL 33040 Phone: 305 - 295 -3130 Fax: 305 - 295 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305- 289 -6027 Fax: 305 -289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
VA
AMENDMENT NO.2 TO AGREEMENT
for
KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE
between
MONROE COUNTY AND PUMPOUT USA, INC.
THIS AMENDMENT NO. 2 TO AGREEMENT (Amendment No. 2) is made and entered
into this 17 day of July, 2013, between the Monroe County Board of County Commissioners
(County) and Pumpout USA, Inc., a for profit corporation of the State of Florida (Contractor).
WITNESSETH:
WHEREAS, Contractor is the provider of mobile vessel pumpout service for unincorporated
Monroe County, in accordance with the Keys -Wide Mobile Vessel Pumpout Service Agreement
(Agreement) effective December 12, 2012 for a two year period; and
WHEREAS, the pumpout service is a new program provided to boaters by the County, and as
such, the Contractor is encountering logistical and utilization issues typical of a start-up program;
and
WHEREAS, the Agreement provides for a quota of 1300 pumpouts per month/3900 per quarter
to be performed, for compensation of quarterly payments totaling $340,200.85 in the first year of
the Agreement; and
WHEREAS, service commenced February 1, 2013, and since then, the Contractor has phased -in
pumpout coverage and steadily increased the number of monthly pumpouts: 94 in February, 204
in March, 460 in April, 752 in May; and
WHEREAS, the Contractor has not yet developed the customer base required to meet the quota
of 3900 pumpouts per quarter, particularly due to start-up of operations, the off season, fewer
anchored vessels to be pumped out, and vessel owners' awareness of the pumpout program; and
WHEREAS, the Contractor was provided an advance payment of $98,267.11 for the first
quarter, but has not received payment for the second quarter due to not meeting the pumpout
quota for the first two quarters; and
WHEREAS, a revision of the Agreement will allow the Contractor to continue pumpout service
by eliminating the quota and per - pumpout payment, and providing payment for the second
quarter (April -June 2013) in the amount of $80,644.58 and for following quarters, with a follow
up evaluation of a year's worth of service to occur in January, 2014 to determine a logical quota;
and
WHEREAS, Contractor has secured a Department of Environmental Protection Clean Vessel
Act grant to help offset the costs of the program and provides expense and service
documentation to DEP without a quota for payment;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
have entered into this Amendment No. 2 and agree as follows:
1. Section IV. PAYMENT shall read as follows:
Payment will be made on a quarterly basis using the same schedule and quarterly dates used by
DEP as follows:
(a) To provide for start-up expenses, the first payment (of the first year) will be made at the
beginning of the first quarter in advance in the amount of $98,267.11. At the end of the
first quarter, Contractor shall provide a report with documentation of service provided
including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating
number of pumpouts performed and volume of sewage pumped out (by service area) and a
quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for
reimbursement submitted to DEP for the same quarter, and 3) description of additional
services or activities provided (as described in the Scope of Services).
(b) The second and following quarterly payments of the first year, in the amount of
$80,644.58, will be made after services are rendered for that quarter and invoiced.
Contractor shall provide an invoice acceptable to the Clerk, along with documentation of
service provided including 1) signed monthly pumpout logs (specific to each pumpout
vessel) indicating number of pumpouts performed and volume of sewage pumped out (by
service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of
signed request for reimbursement submitted to DEP for the same quarter, 3) description of
additional services or activities provided (as described in the Scope of Services). In no
event shall payment exceed the annual amount stated above.
(c) Quarterly payments for the second year will be made after services are rendered 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 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.
(e) Travel and lodging are specifically excluded from payment or reimbursement.
(f) Contractor's final invoice must be received within sixty (60) days after the termination or
expiration of this contract. In the event of termination of services, Contractor shall be paid
pro rata based on the time that services were provided, upon invoicing as described above.
2
Payment shall be made pursuant to the Local Government Prompt Payment Act.
Annually, the Contractor must furnish to the County the following (prior to the payment of any
invoices, items (a) through (e) must be provided):
a. List of the Contractor's Board of Directors. For each board member please indicate
when elected to serve and the length of term of service; if Contractor is a sole
proprietorship give name of owner(s) and length of ownership;
b. If corporation, evidence of annual election of officers and directors;
c. Organization's Policies and Procedures Manual which must include hiring policies for all
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
d. Cooperation with County monitoring visits that the County may request during the
contract year; and
e. Other reasonable reports and information related to compliance with applicable laws,
contract provisions and the scope of services that the County may request during the
contract year, including financial reports.
2. Exhibit A — Scope of Services is amended as follows:
Section B. 3. Invoicing
Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each
quarter's payment, as stipulated in the contract.
3. County shall provide a slip for Contractor's pumpout boat at the Murray Nelson Government
Center in Key Largo.
4. The parties will evaluate the Contractor's performance, payment provisions and compensation
terms in January, 2014. Any changes will be by written agreement between the parties.
5. All of the other terms of the Agreement dated December 12, 2012, not inconsistent herewith,
remain in full force and effect.
Remainder of Page Intentionally Left Blank
Signature Page to Follow
3
o have executed this Agreement on the day and date
;ach of which shall, without proof or accounting for
contract.
BOARD OF COUNTY COMMISSIONERS
OF MO N OE COU NTY, FLORIDA
Y
Mayor /Chairman
By: J
Print name: CaGCtsVt �(
Print name: S s a t s ( Print name and title: , �j9AC,'4, otopQO --
By: l >,
Witness
STATE OF P U I U 4
COUNTY OF N O 0 P- 0 q..,
On this I 1--h day of 4 Q1 2013_, before me the person whose name is subscribed
above, and who produced lwOL bifs'D -tt8 - a enti�ficat�oncc c �ojvledged that he /she is the
person who executed the above Contract for the pZ$oses erem contained.
Notary Public
Print Name
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My commission expires:
MAYRA TEZANOS S 1
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Notary Public - State of Florida
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My Comm. Expires May 19, 2016
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Commission # EE 168590
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