03rd Amendment 12/10/2014 ii ._ \. t, `` AMY HE
AVILIN, CPA
, .-- CLERK OF CIRCUIT COURT & COMPTROLLER
stly1 h.K_____
� MONROE COMM,FLORIDA
DATE: January 6, 2015
TO: Christine Hurley, Director of
Growth Management
ATTN: Mayra Tezanos
Executive Assistant
FROM: Lindsey Ballard, D.Co.
At the December 10, 2014, Board of County Commissioner's meeting the Board granted
approval and authorized execution of Item H3 Amendment No. 3 to the Agreement between Monroe
County (County) and Pumpout USA, Inc. (Contractor) for Keys-Wide Mobile Vessel Pumpout Service
which is scheduled to expire December 31, 2014, to: 1) extend the Agreement for one month through
January 31, 2015, coinciding with the expiration of the DEP Clean Vessel Act grant agreement between
CVA and Pumpout USA, 2) provide for a payment to Pumpout USA for the one month of service in the
amount of $27,435.27, and 3) require invoicing documentation as described in the Agreement, except
that the documentation shall reference one month of service rather than one quarter.
Enclosed is duplicate originals executed on behalf of Monroe County,for your handling. Should you
have any questions,please feel free to contact me.
cc: County Attorney
Finance
✓File
r. 4 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fox: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
AMENDMENT NO.3 TO AGREEMENT
BETWEEN PUMPOUT USA,INC.
AND MONROE COUNTY,FLORIDA
THIS AMENDMENT NO. 3 TO AGREEMENT is made and entered into this 10th day of
December, 2014, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or
"BOCC")and Pumpout USA, Inc.,a for profit corporation of the State of Florida(hereinafter"Contractor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys-wide
mobile vessel pumpout service for two years, including a quota of 1300 pumpouts per month at a cost of
$21.81 per pumpout based on an annual cost in the first year of service of$340,200.85; and
WHEREAS,the County established the pumpout program initially as a free service to customers in
order to optimize utilization of the service and gain compliance with existing No Discharge Zone regulations;
and
WHEREAS, Amendment No. 1 to the Agreement was approved on March 20, 2013 providing for
deletion of Section XII. Donations and Grants, and inclusion of Attachment H- Contract Provisions and
Attachment I- Contract Regulations to conform with requirements of the Florida Department of
Environmental Protection(DEP);and
WHEREAS, Amendment No. 2 to the Agreement was approved on July 17, 2013, to eliminate the
pumpout quota and per pumpout cost due to a slow startup of service, and allow for full quarterly payments
to he made to the Contractor; and
WHEREAS,the Agreement expires December 31,2014;and
WHEREAS, the County recognizes the public benefit of continuing to provide mobile vessel
pumpout service;and
WHEREAS, the Agreement requires sufficient funding from the DEP Clean Vessel Act (CVA)
Program to the Contractor to help defray the total cost of the service;and
WHEREAS, the Contractor's current funding agreement with CVA expires January 31, 2015, and
CVA staff has indicated a potential reduction in funding for the next funding cycle to the Contractor from
$436,752 to approximately $200,000 and such a reduction in funding may put the pumpout program at risk
of being discontinued;and
WHEREAS, the BOCC on November 18, 2014, approved sending a letter to the CVA Program
asking that sufficient funding be awarded to the Contractor to allow the pumpout program to continue;and
WHEREAS, in the interim period during which CVA considers the award amount to Pumpout USA
for the next funding cycle, the County desires to extend the Agreement to provide service for one month,
expiring January 31,2015,which will ensure temporary continuation of the pumpout service and payment to
the Contractor from both the County and CVA;and
WHEREAS, based on sufficient award of funding by CVA to Pumpout USA for the next funding
cycle, the County anticipates considering Amendment No. 4 to the Agreement to extend service for an
additional two year period at the January 2015 BOCC meeting;
4
NOW,THEREFORE, IN CONSIDERATION of the mutual covenants contained herein,the parties agree
as follows:
I. The Agreement is extended for one month, with the term beginning January I, 2015, and ending
January 31,2015.
2. Provide for a payment to the Contractor of$27,435.27.
3. Require invoicing documentation as described in the Agreement, except that the documentation shall
reference one month of service rather than one quarter.
4. The remaining provisions of the Agreement originally dated December 12, 2012, and Amendments
No. I and No.2 to the Agreement not inconsistent herewith,remain in full force and effect.
IN WITNESS WHEREOF,the parties have set their hands and seal on the day and year first above
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(SEAL) /
ATThST>AIAY HEAVILIN,CLERK BOARD OF COUNTY COMMISSIONERS
NROE CO „FLO DA
Deputy Clerk Mayor anny L.Kolhage
WITNE SES: PUMPOU ,INC.
1. By:
Print ate: Veraafie7�F *Br rasa Pri Name: DP1,06' I, be-�
2. '1,1) X - 1/� Title: OCe)/t2i2—
Print Name:O/d v✓IJ7 AAll /7�1
�� ` MO II ROE COUNTY ATTORNEY
SAP OVED COUNTY
:
FORM.__..
STATE OF FI nC1 a0.. STEVEN I. \NI. ..;AMS
, ^ ASSISTANT poueI Y
W ATTORNEY
COUNTY OF Q ItQC, Date // //
On this a\ day of 13..6%)ern ha 201_, before me the person whose name is subscribed
above,and who produced}fo rcon,J ktvlulnas identification, acknowledged that he/she is the
person who executed the above Contract for the purposes therein contained.
`cam U O�
Notary Public_
4' IIic PU)in e
Print Name
My commission expires: (I 1 151 aO/ Seal '% SNELLIE OEVLIN
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MY COMMISSIONS1M1071
2 EkPIRES Apra 15.2016
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