09/27/2017 Agreement,uCOUR?
Kevin Madok, cPa
Q:
_' •.. a�
OECO Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: October 12, 2017
TO: Rich Jones, Sr. Administrator
Marine Resources
FROM: Pamela Hanc ck, .C.
SUBJECT: September 27th BOCC Meeting
Enclosed are three duplicate originals, of each of the below, for your handling.
E2 Department of Environmental Protection (DEP) Contract No. MV267 between Monroe County
(County) and DEP providing $500,000.00 in reimbursement funding to the County to assist with
funding the County's Mobile Vessel Pumpout Service for one year of operation from July 1, 2017
through June 30, 2018.
E3 Department of Environmental Protection (DEP) Agreement No. MV266 between Monroe
County (County) and DEP providing $180,000.00 in Clean Vessel Act reimbursement funding to the
County to assist with funding the County's Mobile Vessel Pumpout Service for one year of operation
from July 1, 2017 through June 30, 2018.
Please be sure to return a fully executed duplicate original of each of the above, for the record,
once signed by the state. Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 -6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
DEP Contract No. MV267
CONTRACT
THIS CONTRACT is entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION (hereinafter referred to as "Department "), whose address is 3900 Commonwealth
Boulevard, Tallahassee, Florida 32399 -3000 and MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS whose address is 500 Whitehead Street, Key West, Florida, 33040 (hereinafter referred
to as "County "), a local government, to provide funding for the Monroe County Mobile Vessel Pumpout
Service ( "Service ").
WHEREAS, pursuant to line item 1567 of FY2017 -2018 General Appropriations Act, funding has
been appropriated by the Florida Legislature for the Monroe County Marine Sewage Pilot Program.
NOW, THEREFORE, the parties agree as follows:
SERVICES AND PERFORMANCE
1. SERVICE. Department does hereby retain, and County agrees to provide the Service in accordance
with Attachment A, Scope of Work (the "Scope ") and all exhibits and Attachments named and incorporated
herein by reference.
A. Department may suspend or terminate for cause payment for Service performed by the County
or its Contractor under this or any other contract or agreement, if and in the event that the Department and
County (or any of its affiliates or authorized contractor(s) are adverse in any litigation, administrative
proceeding, or alternative dispute resolution, until such adverse relationship is resolved either by agreement
or by final non - appealable order of a court of competent jurisdiction.
B. The Service performed by the County or its Contractor under this Contract shall be performed in
conjunction with, not in lieu of, other services provided under DEP Grant Agreement No. MV266.
.2. WORK.
A. County, through separate contract with its Contractor, shall provide the Service specified in the
Scope ( "Work ") for the Service Period identified in Attachment A.
B. There is no minimum amount of Work guaranteed as a result of this Contract. Any and all Work
assigned will be at the sole discretion of the Department.
C. Department reserves the right to not authorize any Work, and may suspend or terminate for
cause any Work assigned to County or its Contractor under this or any other contract or agreement, if and
in the event that the Department and County (or any of its affiliates or authorized contractor(s)) are adverse
in any litigation, administrative proceeding or alternative dispute resolution, until such adverse relationship
is resolved either by agreement or by final non - appealable order of a court.
3. STANDARD OF CARE FOR PERFORMANCE.
A. County and its Contractor, shall perform as an independent contractor and not as an agent,
representative, or employee of the Department.
B. County and its Contractor, shall perform the Service in a proper and satisfactory manner as
determined by the Department. Any and all such equipment, products or materials necessary to perform
these Service, or requirements as further stated herein, shall be supplied by the County or its Contractor.
C. County, and its Contractor, shall provide competent, suitably qualified personnel. County must
notify the Department's Contract Manager of any changes in the personnel identified in this Contract.
Notification shall include a detailed explanation of the need to change personnel and the County's
documentation that proposed replacement personnel have equal or greater qualifications and experience.
DEP Contract No. MV267, Page 1 of 20
(Approved Template 0210212 0 1 7)
D. County, and its Contractor, shall perform the Service in a manner consistent with that level of
care and skill ordinarily exercised by other contractors performing the same or similar services under similar
circumstances at the time performed.
4. TERM OF CONTRACT.
A. Initial Term. This Contract shall begin upon execution by both parties and shall remain in effect
until June 30, 2018.
B. Renewal Term. An "X" beside the correct provision in this section signifies that the provision is
applicable to the Contract.
❑ This Contract may be renewed, in writing, on the same terms and conditions as the original
Contract and any amendments thereto, for a period no greater than the term above, or three
(3) years, whichever is longer. All renewals are contingent upon satisfactory performance by
County. Renewals may be for the entire period or in increments.
❑x This Contract may not be renewed.
COMPENSATION
5. COMPENSATION.
A. As consideration for the Service rendered by the County, and its Contractor, under the terms of
this Contract, the Department shall pay the County on a fixed fee basis up to a maximum of $500,000 for
the completion of Work as specified in the Scope. Compensation for Service is payable in quarterly
payments of $125,000, as further described in the Scope.
B. County shall not be compensated for Service performed outside of the Service Period defined in
Attachment A, nor for Service that exceeds the funding amount specified herein or in any amendment to
this Contract.
C. County shall not be compensated for any Service reported and compensated under this Contract
that is reported for compensation under DEP Agreement No. MV266 or any other contract or agreement.
D. In no event shall the County, or its Contractor, continue to perform Services to be compensated
for under this Contract once the authorized funding amount has been reached. The County, or its
Contractor, shall not commence any work on any service the cost of which exceeds the balance of the
current incremental funding amount until notice is received by the County of an increase in funding. It is
the County's responsibility to determine when the authorized incremental funding amount will be reached.
6. ANNUAL APPROPRIATION. Department's performance and obligation to pay under this Contract
is contingent upon an annual appropriation by the Florida Legislature. Authorization for continuation and
completion of Scope and payment associated therewith may be rescinded with proper notice at the
discretion of the Department if state or federal appropriations are reduced or eliminated.
7. PAYMENT METHOD.
A. County shall submit invoices as specified in the Scope. If subcontractors are used, the County
shall complete and submit Attachment B, Subcontractor Utilization Report Form (Subcontractor
Report) with each invoice. Failure to provide Subcontractor Report with an invoice shall result in a delay
in processing the invoice for payment.
B. County shall submit the required Deliverables, as outlined in Paragraph B of the Scope
( "Deliverables "), for the Department's review and approval prior to reimbursement for its quarterly invoice.
C. County shall submit the required quarterly invoices, as outlined in Paragraph C of the Scope
( "Cost and Invoicing "). All invoices submitted must be sufficient in detail for a proper pre -audit and post -
audit review.
D. Department must approve the final Deliverable(s) before the County may submit final invoice and
any forms.
DEP Contract No. MV267, Page 2 of 20
(Approved Template 02/02/2017)
E. Deliverables and quarterly invoices, including appropriate supporting documentation as required
herein, shall be submitted via email to the following:
Florida Department of Environmental Protection
Clean Vessel Program
Attn: Jessica Chui
Email address: iessica.chui(cDdep.state.fl.us
F. County shall submit invoices to the Department by the 30 day following the close of each
quarter.
G. After the close of each quarter for provision of the Service outlined in the Scope, County's failure
to submit invoices within this timeframe may result in forfeiture, suspension or termination of the remaining
Service, or the County's forfeiture of any unpaid balance for such Deliverables.
8. TRAVEL. An "X" beside the correct provision in this section signifies that the provision is applicable
to the Contract.
0 Travel is not authorized under this Contract.
❑ Travel costs are included in the fixed cost amounts of this Contract.
❑ Travel costs shall be paid on a cost - reimbursement basis in accordance with the paragraph
contained herein of this Contract.
9. SUBCONTRACTOR PAYMENTS AND RELEASES. In addition to the invoicing requirements
above, the following requirements for payment of invoices for Service shall apply if subcontractors are
utilized:
A. County, shall pay all subcontractors and vendors under this Contract within seven (7) working
days from the date of receipt of payment from the Department, excluding the final payment. If the County
receives less than full payment from the Department for the services or goods of the subcontractors or
vendors, the County shall pay subcontractors and vendors in at least the same proportion as that paid by
the Department. Penalties for non - compliance and provisions for legal assistance for subcontractors are
included in Subsection 287.0585(1), F.S.
B. County shall submit, with each quarterly invoice a statement provided by its Contractor
performing Service under this Contract, confirming that the Contractor was paid by the County for the
services performed during the prior invoice period. The statement should include the total number of pump -
outs performed and the total amount of compensation received during the prior invoice period.
10. PROMPT PAYMENT.
A. Department's Contract Manager shall have five (5) business days, unless a greater period is
specified herein, to inspect and approve an invoice. Department shall submit a request for payment to DFS
within twenty (20) business days; and DFS shall issue a warrant within ten (10) business days thereafter.
Days are calculated from the latter of the date the invoice is received or Deliverables received, inspected,
and approved. Invoice payment requirements do not start until a proper and correct invoice has been
received. Invoices which have to be returned to the County for correction(s) will result in an uncompensated
delay in payment. A Vendor Ombudsman has been established within DFS who may be contacted if the
County is experiencing problems in obtaining timely payment(s) from a State agency. The Vendor
Ombudsman may be contacted at (850) 413 -5516, per section 215.422, F.S.
B. If a warrant in payment of an invoice is not issued within forty (40) business days after receipt of
a correct invoice and receipt, inspection, and approval of the goods and services, the Department shall pay
the County interest at a rate as established by section 55.03(1), F.S., on the unpaid balance of the invoice.
Interest payments of less than $1 will not be issued unless the County requests such payment. The interest
rate for each calendar year for which the term of this Contract is in effect can be obtained from DFS' Vendor
Ombudsman at the telephone numbers provided above, or the Department's Procurements Section at (850)
245 -2361, per section 215.422, F.S.
DEP Contract No. MV267, Page 3 of 20
(Approved Template 0210712017)
11. REPORTS.
A. County shall utilize Attachment C, Quarterly Progress Report Form, to describe the Service
performed during the reporting period, problems encountered, problem resolutions, scheduled updates,
and proposed work for the next reporting period. Quarterly progress reports shall be submitted to the
Department's Contract Manager no later than thirty (30) calendar days following the completion of the
quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall
reflect the calendar quarters ending September 30, December 31, March 31, and June 30. The
Department's Contract Manager shall have five (5) business days to review the required reports and
Deliverables submitted by the County.
B. County will identify the expected return on investment for this project and provide this information
to the Governor's Office of Policy and Budget (OPB) within three (3) months of execution of this Contract.
For each full calendar quarter thereafter, the County will provide quarterly update reports directly to OPB,
no later than 20 calendar days after the end of each quarter, documenting the positive return on investment
to the state that results from the County's project and its use of funds provided under this Contract.
Quarterly Return on Investment Reports will continue until the County is instructed by OPB that no further
reports are needed, or until the end of this Contract, whichever occurs first. All reports shall be submitted
electronically to OPB at env. roi(a)laspbs. state. fl. us , and a copy of the same shall also be submitted to the
Department at legislativeaffairs (a)-dep.state:fl.us
12. PHYSICAL ACCESS AND INSPECTION. As applicable, the Department personnel shall be given
access to and may observe and inspect the Service performed under this Contract, by any of the following
methods:
A. County shall provide access to any location or facility on which the County is performing Service,
or storing or staging equipment, materials or documents;
B. County shall permit inspection of any facility, equipment, practices, or operations required in
performance of any Work; and,
C. County shall allow and facilitate sampling and monitoring of any substances, soils, materials or
parameters at any location reasonable or necessary to assure compliance with any services or legal
requirements.
PARTY REPRESENTATIVES
13. NOTICE. All notices and written communication between the parties shall be sent by electronic mail,
U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when
reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery
receipt, or when receipt is acknowledged by recipient.
14. IDENTIFICATION OF CONTRACT MANAGERS. All matters shall be directed to the Contract
Managers for appropriate action or disposition. Any changes to the Contract Manager information identified
below must be noticed, in writing, to the other party within ten (10) calendar days of the change. Either
party may provide notice to the other party by email identifying a change of a designated Contract Manager
and providing the new contact information for the newly designated Contract Manager. Such notice is
sufficient to effectuate this change without requiring a written amendment to the Contract. Department and
the County Contract Managers and contact information are provided below:
County Department
Monroe County Board of County Commissioners Department of Environmental Protection
500 Whitehead Street Clean Vessel Program
Key West, Florida 33040 3900 Commonwealth Blvd., MS# 30
Attn: Richard Jones Tallahassee, Florida 32399 -2400
Phone: (305) 289 -2805 Attn: Jessica Chui or successor
Email: Jones- Rich(c fl.gov Phone Number: (850) 245 -2100
Email: jessica.chui a(�dep.state.fl.us
(Approved Template 02/022077)
DEP Contract No. MV267, Page 4 of 20
15. CHANGE ORDERS AND AMENDMENTS. Department may at any time, by written order designated
to be a Change Order, make any change in the Scope of Work within the general scope of this Contract (e.g.,
specifications, method or manner of performance, requirements, etc.). All Change Orders are subject to the
mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease
in County's cost or time shall require an appropriate adjustment and modification by Amendment to this
Contract. Following execution of this Contract, any future Amendments or Change Orders may be executed
by the Department representative with appropriate delegated authority.
CONSEQUENCES FOR FAILURE TO PERFORM
16. DISPUTE RESOLUTION. Any dispute concerning performance of the Contract shall be decided as
follows:
A. All claims or disputes (Claims) must be presented to the Department in writing within thirty (30)
days of the date such Claim arises (Notice of Dispute). The Notice of Dispute shall set out in detail all
aspects of the disputed matters to be resolved, including the specific relief sought by the County. Claims
not presented by Notice of Dispute to Contract Manager shall be deemed waived by the County.
B. The parties shall make a good faith attempt to resolve Claims which may arise from time to time
by informal conference within ten (10) days of the Notice of Dispute.
C. Within ten (10) days of the informal conference, the Department shall provide County a detailed
written response to the Claim. A formal conference of the parties shall be convened no later than thirty (30)
days following the Department's response to the Notice of Dispute, unless the parties mutually agree- in
writing to a longer period of time within which to schedule a formal conference.
1) All persons necessary to resolution of the claim or disputed matter shall attend the formal
conference.
2) Minutes of the formal conference shall be taken, recorded, transcribed, and signed by the
Department and the County. Any terms of settlement and /or resolution reached shall be
signed by all persons authorized to resolve the Claim.
D. Either party may request mediation of unresolved Claims, with the party seeking mediation to
bear the expense of mediation.
E. Any Claim not resolved at formal conference or mediation, maybe the subject of a complaint filed
in a court of competent jurisdiction in Leon County, Florida.
17. FINANCIAL CONSEQUENCES FOR UNSATISFACTORY PERFORMANCE.
A. No payment will be made for Deliverables deemed unsatisfactory by the Department. In the
event that a Deliverable is deemed unsatisfactory by the Department, the County shall re- perform the
Service needed for submittal of a satisfactory Deliverable, at no additional cost to Department, within thirty
(30) days of being notified of the unsatisfactory Deliverable.
B. If a satisfactory Deliverable is not submitted within the specified time frame, the Department may,
in its sole discretion: 1) request from the County agreement to a reduction in the amount payable; 2)
suspend all Service until satisfactory performance is achieved, or 3) terminate the Contract for failure to
perform.
18. CORRECTIVE ACTION PLAN. In the event that Deliverables are unsatisfactory or are not submitted
within the specified timeframe, the Department Contract Manager may, by letter specifying the failure of
performance under the Contract, request that a proposed Corrective Action Plan (CAP) be submitted by
the County to the Department. All CAPs must be able to be implemented and performed in no more than
sixty (60) days.
A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the
Department. The CAP shall be sent to the Department Contract Manager for review and approval. Within
ten (10) calendar days of receipt of a CAP, the Department shall notify the County in writing whether the
CAP proposed has been accepted. If the CAP is not accepted, the County shall have ten (10) calendar
DEP Contract No. MV267, Page 5 of 20
(Approved Template 0210712017)
days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure
to obtain the Department approval of a CAP as specified above shall result in the Department's termination
of the Contract for cause as authorized in the Contract.
B. Upon the Department's notice of acceptance of a proposed CAP, the County shall have ten (10)
calendar days, or longer if specified in the approved CAP, to commence implementation of the accepted
plan. Acceptance of the proposed CAP by the Department does not relieve the County of any of its
obligations under the Contract. In the event the CAP fails to correct or eliminate performance deficiencies
by the County, the Department shall retain the right to require additional or further remedial steps, or to
terminate the Contract for failure to perform. No actions approved by the Department or steps taken by the
County shall estop the Department from subsequently asserting any deficiencies in performance. County
shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the
CAP will be made to the Department as requested by the Department Contract Manager.
C. Failure to respond to a Department request for a CAP shall result in suspension or termination
of the Contract.
19. PAYMENT AND PERFORMANCE BONDS. An "X" beside the correct provision in this section
signifies that the provision is applicable to the Contract.
x❑ No Payment or Performance bonds are required.
❑ Contractor shall provide executed Payment and Performance Bonds naming the Department as
obligee, issued by a surety acceptable to the Department, in the amount(s) of $
❑ Contractor may be required to provide executed Payment and /or Performance Bonds naming the
Department as obligee, issued by a surety acceptable to the Department, in an amount of up to
one hundred and twenty percent (120 %) of the total anticipated cost of any Work.
20. Liquidated Damages. An "X" beside the correct provision in this section signifies that the provision
is applicable to the Contract.
0 No liquidated damages will be assessed.
❑ In addition to other remedies elsewhere in this Contract, and as provided by law, unless otherwise
stipulated in the Scope, the Contractor hereby covenants and agrees to pay liquidated damages to
the Department as follows:
A. Contractor acknowledges that time is of the essence for all Service provided under this
Contract, and whereas the actual damages to be suffered by late performance are incapable
of accurate calculation, the parties agree to the following as a reasonable estimation thereof as
liquidated damages. In addition to any other provisions of this Contract, in the event that the
deliverable identified in the Scope, is not completed and submitted by the close of business on
the date the deliverable is due, the compensation amount stated for that portion of the Work
may be reduced by five percent (5 %) per week for each week the deliverable is late, with the
total amount of the liquidated damages not to exceed the total compensation amount of the
Scope deliverable.
B. The date of submission shall be the date of receipt by the Department.
C. If no Department receipt date appears or the date is illegible, the date of submission shall be
deemed to be five (5) days prior to receipt by the Contract Manager.
D. If completion is or will be justifiably delayed due to reasons as set out in paragraph contained
herein, the Department may grant an extension of time as evidenced by a properly executed
Amendment.
E. If the deliverable(s) fail to comply with the requirements of this Contract, or if questions arise
from review and the Contractor is so notified and requested to respond, the Contractor shall
furnish the required additions, deletions, or revisions in accordance with the Scope at no
additional cost to the Department.
DEP Contract No. MV267, Page 6 of 20
(Approved Template 02/02/2077)
F. If the additions, deletions, and revisions are not submitted to the Department's Contract
Manager in accordance with the Scope, the compensation stated for that portion of the Work
may be reduced by five percent (5 %) for each week that the requested deliverable is late as
specified. The total reduction shall not exceed the total amount of the Work.
G. Contractor's failure to respond to a request to correct the deliverables will result in termination
of the Work and forfeiture of any unpaid balance for such deliverables. Additionally, the
Department, at its discretion, may re- assign future Work.
21. RETAINAGE
A. Department reserves the right to establish the amount and application of retainage on the Work
to a maximum of 10 %. Any retainage to be applied shall be specified in the Scope. Retainage shall be
withheld from each payment to the Contractor pending satisfactory completion of Work and approval of all
deliverables.
B. Department reserves the right to withhold payment of retainage for the Contractor's failure to
respond to or correct identified deficiencies within the timeframe stipulated in the Scope. Department shall
provide written notification to the Contractor of identified deficiencies and the Department's intent to
withhold retainage on the Work. Contractor's failure to rectify the identified deficiency within the timeframe
stated in the Department's notice will result in forfeiture of retainage by the Contractor.
C. If the Contractor fails to perform the requested Scope, or fails to perform the Work in a satisfactory
manner, Contractor shall forfeit its right to payment for the Work and the retainage called for under the
entire Scope. Failure to perform includes, but is not limited to, failure to submit the required deliverables or
failure to provide adequate documentation that the work was actually performed.
D. No retainage shall be released or paid for uncompleted Work while a Contract is suspended.
E. Except as otherwise provided above, the Contractor shall be paid the retainage associated with
the Work, provided the Contractor has completed the work and submits an invoice for retainage held in
accordance with paragraph contained herein above.
LIABILITY
22. INSURANCE.
A. To the extent required bylaw, the County will be self- insured against, or will secure and maintain
during the life of this Contract and any renewals, Workers' Compensation Insurance for all of its employees
connected with the Service of this project. The County shall require any and all subcontractors, if authorized
under this Contract, to provide Workers' Compensation Insurance for all employees unless such employees
are covered by the protection afforded by the County. 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 this Contract is not protected under the Workers' Compensation statute, the
County shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the
Department, for the protection of its employees not otherwise protected.
B. County shall secure and maintain, or provide evidence of self- insurance, and require any
subcontractors, if authorized under this Contract, to secure and maintain the following types of insurance
in the specified amounts during the life of the Contract and any renewals: An "X" beside the correct
provision in this section signifies that the provision is applicable to the Contract.
❑ Comprehensive general liability coverage with limits of not less than $ per occurrence
and $ annual aggregate
❑x Comprehensive general liability coverage is not required, if self- insured.
❑ Comprehensive automobile liability coverage with limits of not less than $ per
occurrence and $ annual aggregate.
❑x Comprehensive automobile liability coverage is not required, if self- insured.
DEP Contract No. MV267, Page 7 of 20
(Approved Template 0210712017)
❑ Professional liability coverage with limits of not less than $ per claim and $
per annual aggregate.
❑x Professional liability coverage is not required, if self- insured.
❑ Marine Insurance. Longshoremen's and Harbormaster's Insurance and Jones Act insurance in
an amount sufficient to cover Contractor's forces.
❑x Marine Insurance is not required, if self- insured.
C. County shall provide a certificate of insurance that contains a provision that the insurance will not
be canceled for any reason on less than thirty (30) days written notice with the exception of non - payment
of premium which requires a ten (10) day notice to the Department's Contract Manager and shall reference
the Contract Number. In the event that the statutory insurance requirements are changed, coverage limits
specified herein will change concurrently. Such insurance shall include the State of Florida, the
Department, and the Program Area as the certificate holder for the entire length of the Contract and any
renewals.
For additional risks, the State of Florida Board of Trustees of the Internal Improvement Trust Fund shall be
added as Additional Insureds for the entire length of the Contract and any renewals. This provision does
not apply to governmental entities which are self- insured.
23. INDEMNIFICATION. County and the Department shall each be solely responsible for the negligent
or wrongful acts of its respective employees and agents acting within the scope of their employment.
Further, each party shall bear its own costs of every name and description, including attorneys' fees,
arising from or relating to personal injury and damage to real or personal tangible property alleged to be
caused in whole or in part by its employees and agents acting within the scope of their employment.
However, nothing contained herein shall constitute a waiver by the Contractor or the Department of its
sovereign immunity or waiver or modification of section 768.28, F.S.
THIRD PARTIES
24. SUBCONTRACTING. An "X" beside the correct provision in this section signifies that the provision
is applicable to the Contract.
❑ Contractor shall not subcontract any work under this Contract.
(] A. County shall not subcontract any work under this Contract without the prior written consent
of the Department's Contract Manager. Department reserves the right to reject any proposed
subcontractor based upon the Department's prior experience with subcontractor,
subcontractor's reputation, or the Department's lack of adequate assurance of performance
by subcontractor. County agrees to be responsible for the fulfillment of all work elements
included in any subcontract and agrees to be responsible for the payment of all monies due
under any subcontract.
B. Department shall not be liable to any subcontractor for any expenses or liabilities incurred
under any subcontract, regardless of whether the Department has approved such
subcontract or subcontractor. County shall be solely liable to its subcontractor(s) for all
expenses and liabilities incurred under any subcontract. Any subcontracts made under or in
performance of this Contract must include the same conditions specified in this Contract, with
the exception of insurance requirements (paragraph contained herein), and shall include a
release of any rights, claims or liabilities against the Department. The level of insurance to
be carried by subcontractors performing work under this Contract shall be at the discretion
of the County.
26. NONASSIGNABILITY. County shall not sell, assign or transfer any of its rights, duties or
obligations under this Contract (its Rights and Duties), without the prior written consent of the Department.
County shall remain liable for performance of its Rights and Duties, regardless of any assignment to or
assumption by any third party, notwithstanding any approval thereof by the Department. However, the
Department may expressly release the County from any and all Rights and Duties through a novation
DEP Contract No. MV267, Page 8 of 20
(Approved Template 0210212017)
accompanying an approved assignment. Department may assign the Department's Rights and Duties, but
shall give prior written notice of its intent to do so to the County. The foregoing notwithstanding, the County
hereby assigns to the State any and all claims it has with respect to the Contract under the antitrust laws
of the United States and the State.
26. THIRD PARTY BENEFICIARIES. This Contract is neither intended nor shall it be construed to grant
any rights, privileges or interest in any third party without the mutual written agreement of the parties hereto.
SUSPENSION AND TERMINATION
27. SUSPENSION.
A. Department may order the County in writing to suspend, delay or interrupt all or any part of the
Service for failure to perform, or as otherwise specified herein, such period of time as the Department may
determine to be appropriate for any of the following reasons:
1.) County fails to timely and properly correct deficiencies in or performs unsatisfactory work;
2.) County's or subcontractor's insurer or surety notifies the Department that any of its required
insurance or bonds has lapsed or will lapse, and the County fails to provide replacement insurance
or bonds acceptable to the Department before the insurance or bond cancellation or termination date;
3.) County or subcontractor materially violates safety laws or other constraints;
4.) Department determines that there is a threat to the public health, safety or welfare that
necessitates such suspension; or
5.) For the convenience of the Department.
B. If the performance of all or any part of the Service is suspended, delayed or interrupted for an
unreasonable period of time by an act of the Department in administration of this Contract, or by the
Department's failure to act within a reasonable time to review or approve an invoice, the Department shall
provide an equitable extension of the time allowed to complete the Service and modify the Scope
accordingly. However, no adjustment shall be made under this clause for any suspension, delay or
interruption if and to the extent that:
1.) Performance would have been suspended, delayed or interrupted by any other cause,
including the fault or negligence of the County; or
2.) Equitable adjustment is provided for (or excluded) under any other provision of this Contract.
C. County shall not be compensated for Service performed subsequent to a notice of suspension
by Department unless the Department later issues to the County a written notice that the County has
corrected the basis or bases for the earlier suspension, after which the County shall be compensated.
28. TERMINATION.
A. Department may terminate this Contract at any time for cause, in the event of the failure of the
County to fulfill any of its obligations. Prior to termination, the Department shall provide ten (10) calendar
days written notice of its intent to terminate for cause, including the reasons for such, and shall provide the
County an opportunity to consult with the Department regarding the reason(s) for termination. The County
may be afforded the possibility of curing any default at the sole discretion of the Department.
B. The Department may terminate this Contract without cause and for its convenience by giving
thirty (30) calendar days written notice to the County. Termination for convenience shall not entitle either
party to any indirect, special or resulting damages, lost profits, costs or penalties, and the County shall be
entitled only to recover those amounts earned by it for authorized deliverables completed up to the date of
termination (or as may be agreed to in writing by the Department for completion of all or any portion of the
Service in process).
DEP Contract No. MV267, Page 9 of 20
(Approved Template 0210212077)
GENERAL CONDITIONS
29. ATTORNEY'S FEES. In the event of any legal action to enforce the terms of this Contract, each
party shall bear its own attorney's fees and costs.
30. CONFLICT OF INTEREST. County covenants and warrants that it presently has no interest, and
shall not acquire any interest, which would conflict in any manner or degree with its performance of this
Contract or the Service required hereunder.
31. COMPLIANCE WITH APPLICABLE LAW. County shall comply with all applicable federal, state and
local rules and regulations in providing Service to the Department under this Contract including, but not
limited to, local health and safety rules and regulations. This provision shall be included in all subcontracts
issued as a result of this Contract.
32. DISQUALIFICATION.
A. The employment of unauthorized aliens by the County is considered a violation of Section
274A(e) of the Immigration and Nationality Act. If the County knowingly employs unauthorized aliens, such
violation shall be cause for unilateral cancellation of this Contract. County shall be responsible for including
this provision in all subcontracts with private organizations issued as a result of this Contract.
B. County is required to use the U.S. Department of Homeland Security's E- Verify system to verify
the employment eligibility of all employees used by the County under this Contract, pursuant to State of
Florida Executive Order No.: 11 -116. Also, the County shall include in related subcontracts, if authorized
under this Contract, a requirement that subcontractors performing work or providing Service pursuant to
this Contract utilize the E- Verify system to verify employment eligibility of all employees used by the
subcontractor for the performance of the Service.
C. If Contract value exceeds one (1) million dollars, County certifies that it and any of its affiliates
are not scrutinized companies as identified in section 287.135, F.S. In addition, County agrees to observe
the requirements of section 287.135, F.S., for applicable sub - agreements entered into for Service under
this Contract. Pursuant to section 287.135, F.S., the Department may immediately terminate this Contract
for cause if the County, its affiliates, or its subcontractors are found to have submitted a false certification;
or if the County, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list
or engaged in prohibited contracting activity during the term of the Contract. As provided in Subsection
287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become
inoperative.
33. EXECUTION IN COUNTERPARTS. This Contract, and any Change Orders or Amendments thereto,
may be executed in two or more counterparts, each of which together shall be deemed an original, but all
of which together shall constitute one and the same instrument. In the event that any signature is delivered
by facsimile transmission or by e-mail delivery of a ".pdf' format data file, such signature shall create a valid
and binding obligation of the party executing (or on whose behalf such signature is executed) with the same
force and effect as if such facsimile or ".pdf' signature page were an original thereof.
34. FORCE MAJEURE. County shall not be responsible for delay resulting from its failure to perform if
neither the fault nor the negligence of the County or its employees, subcontractors or agents contributed to
the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods,
hurricanes, or other similar cause wholly beyond the County's control, or for any of the foregoing that affect
subcontractors or suppliers if no alternate source of supply is available to the County. In case of any delay
the County believes is excusable, the County shall notify the Department in writing of the delay or potential
delay and describe the cause of the delay either 1) within five (5) days after the cause that creates or will
create the delay first arose, if the County could reasonably foresee that a delay could occur as a result, or 2)
if delay is not reasonably foreseeable, within ten (10) days after the date the County first had reason to believe
that a delay could result. THE FOREGOING SHALL CONSTITUTE THE COUNTY'S SOLE REMEDY OR
EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a
condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be
asserted by the County against the Department. County shall not be entitled to an increase in the price or
DEP Contract No. MV267, Page 10 of 20
(Approved Template 0210212017)
payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses
or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed,
in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to
exist the County shall perform at no increased cost, unless the Department determines, in its sole discretion,
that the delay will significantly impair the value of the Contract to the State or to the Department, in which case
the Department may 1) accept allocated performance or deliveries from the County, provided that the County
grants preferential treatment to the Department with respect to products subjected to allocation, or 2) purchase
from other sources (without recourse to and by the County for the related costs and expenses) to replace all
or part of the products that are the subject of the delay, which purchases may be deducted from the Contract
quantity, or 3) terminate the Contract in whole or in part.
35. FORUM SELECTION, SEVERABILITY, AND CHOICE OF LAW. This Contract has been delivered
in the State of Florida and shall be construed in accordance with substantive and procedural laws of Florida.
Wherever possible, each provision of this Contract shall be interpreted in such manner as to be effective
and valid under applicable law, but if any provision of this Contract shall be prohibited or invalid under
applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without
invalidating the remainder of such provision or the remaining provisions of this Contract. Any action in
connection with this Contract shall be brought in a court of competent jurisdiction located in Leon County,
Florida.
36. GOVERNMENTAL RESTRICTIONS. If the County believes that any governmental restrictions
require alteration of the material, quality, workmanship or performance of the Service offered under this
Contract, the County shall immediately notify the Department so in writing, identifying the specific restriction
and alteration. Department reserves the right and the complete discretion to accept any such alteration or
to cancel the Contract at no further expense to the Department. County's failure to timely notify the
Department of its asserted belief shall constitute a waiver of such claim.
37. HEADINGS. The headings contained herein are for convenience only, do not constitute a part of this
Contract and shall not be deemed to limit or affect any of the provisions hereof.
38. INTEGRATION. This Contract contains all the terms and conditions agreed upon by the parties,
which terms and conditions shall govern all transactions between the Department and the County. Any
alterations, variations, changes, modifications or waivers of provisions of this Contract 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 Contract, unless otherwise provided herein. No oral agreements or representations shall be
valid or binding upon the Department or the County. No alteration or modification of the Contract terms,
including substitution of product, shall be valid or binding against the Department. County may not
unilaterally modify the terms of this Contract by affixing additional terms to product upon delivery (e.g.,
attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying
or affixed to a product, whether written or electronic) or by incorporating such terms onto the County's order
or fiscal forms or other documents forwarded by the County for payment. Department's acceptance of
product or processing of documentation on forms furnished by the County for approval or payment shall
not constitute acceptance of the proposed modification to terms and conditions.
39. INTERPRETATION OF CONTRACT.
A. Where appropriate: the singular includes the plural and vice versa; references to statutes or
regulations include all statutory or regulatory provisions consolidating, amending or replacing the statute or
regulation referred to; unless otherwise indicated references to Rules are to the adopted rules in the Florida
Administrative Code; the words "including," "includes" and "include" shall be deemed to be followed by the
words "without limitation'; unless otherwise indicated references to sections, appendices or schedules are
to this Contract; words such as "herein," "hereof' and "hereunder" shall refer to the entire document in
which they are contained and not to any particular provision or section; words not otherwise defined which
have well -known technical or construction industry meanings, are used in accordance with such recognized
meanings; references to Persons include their respective permitted successors and assigns and, in the
(Approved Template 0210212017)
DEP Contract No. MV267, Page 11 of 20
case of Governmental Persons, Persons succeeding to their respective functions and capacities; and words
of any gender used herein shall include each other gender where appropriate.
B. County acknowledges and agrees that it has independently reviewed this Contract with legal
counsel, and that it has the requisite experience and sophistication to understand, interpret and agree to
the particular language of the terms. Accordingly, if an ambiguity in (or dispute regarding the interpretation
of) this Contract shall arise, the Contract shall not be interpreted or construed against the Department, and,
instead, other rules of interpretation and construction shall be used.
40. MODIFICATIONS REQUIRED BY LAW. Department reserves the right to revise this Contract to
include additional language required by Federal agency(ies) or other sources awarding funding to the
Department in support of this Contract, if applicable, and to include changes required by Florida
Administrative Code rule changes.
41. MYFLORIDAMARKETPLACE TRANSACTION FEE. The State of Florida, through DMS, has
instituted MyFloridaMarketPlace, a statewide e- procurement system. Pursuant to Rule 60A- 1.031(3),
Florida Administrative Code, payments under this Contract are exempt from the MyFloridaMarketPlace
transaction fee.
42. NONDISCRIMINATION.
A. County certifies that no person, on the grounds of race, creed, color, religion, national origin, age,
gender, 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 Contract.
B. County certifies that neither it nor any affiliate is or has been placed on the discriminatory vendor
list. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid 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 the construction or repair of a 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 transact business with any public entity. The
Florida Department of Management Services ( "DMS ") is responsible for maintaining the discriminatory
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be
directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487 -0915.
C. County shall comply with the Americans with Disabilities Act.
43. NON - SOLICITATION. County covenants and warrants that it has not employed or retained any
company or person, other than a bona fide employee working solely for the County to solicit or secure this
Contract 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 the County any fee, commission, percentage, gift or
other consideration contingent upon or resulting from the award or making of this Contract.
44. NON - WAIVER OF RIGHTS. No delay or failure to exercise any right, power or remedy accruing to
either party upon breach or default by the other party under this Contract, shall impair any such right, power
or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or
default, or any similar breach or default thereafter.
45. ORDER OF PRECEDENCE. In the event of a conflict in terms between any of the components of
this Contract, the order of precedence for resolving such conflict shall be as follows (1 being the highest
precedence):
1. Body of this Contract;
2. Scope;
3. All other attachments to this Contract;
4. Documents, agreements and exhibits incorporated herein by reference;
DEP Contract No. MV267, Page 12 of 20
(Approved Template 0210212017)
46. OWNERSHIP OF DOCUMENTS. All plans, specifications, maps, computer files, databases and /or
reports prepared or obtained under this Contract, as well as data collected together with summaries and
charts derived therefrom, shall be considered works made for hire and shall be and become the property
of the Department upon completion or termination of this Contract, without restriction or limitation on their
use, and shall be made available upon request to the Department at any time during the performance of
such services and /or upon completion or termination of this Contract. Upon delivery to the Department of
said document(s), the Department shall become the custodian thereof in accordance with Chapter 119,
F.S. County shall not copyright any material and products or patent any invention developed under this
Contract.
47. P.R.I.D.E. When possible, the County agrees that any articles which are the subject of, or required
to carry out, this Contract shall be purchased from P.R.I.D.E. as specified in Chapter 946, F.S., if available,
in the same manner and under the same procedures set forth in section 946.515(2) and (4), F.S.; and for
purposes of this Contract the person, firm or other business entity carrying out the provisions of this Contract
shall be deemed to be substituted for this agency insofar as dealings with P.R.I.D.E. are concerned.
The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIED
ENTERPRISES, INC. (P.R.I.D.E.) which may be contacted at:
P. R. 1. D. E.
12425 28th Street, North
St. Petersburg, Florida 33716 -1826
Toll Free: 1- 800 - 643 -8459
Website: http : / /www.pride- enterprises.org/
48. PUBLIC ENTITY CRIMES. A person or affiliate (as defined) who has been placed on the convicted
vendor list following a conviction for a public entity crime may not 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 for Category Two (as defined in section 287.017, F.S.), for
a period of 36 months from the date of being placed on the convicted vendor list, pursuant to section
287.133, F.S. County certifies that neither it nor any affiliate has been placed on such convicted vendor
list, and shall notify the Department within five (5) days of its, or any of its affiliate's, placement thereon.
49. PUBLIC RECORDS.
A. County shall comply with Florida Public Records law under Chapter 119, F.S. Records made or
received in conjunction with this Contract are public records under Florida law, as defined in section
119.011(12), F.S. County shall keep and maintain public records required by the Department to perform
the Service under this Contract.
B. This Contract may be unilaterally canceled by the Department for refusal by the County to either
provide to the Department upon request, or to allow inspection and copying of all public records made or
received by the County in conjunction with this Contract and subject to disclosure under Chapter 119, F.S.,
and Section 24(a), Article I, Florida Constitution.
C. If County meets the definition of "Contractor" found in Section 119.0701(1)(a), F.S.; [i.e., an
individual, partnership, corporation, or business entity that enters into a contract for services with a public
agency and is acting on behalf of the public agency], then the following requirements apply:
1. Pursuant to section 119.0701, F.S., a request to inspect or copy public records relating to
this Contract for Service must be made directly to the Department. If the Department does not
possess the requested records, the Department shall immediately notify the County of the request,
and the County must provide the records to the Department or allow the records to be inspected or
copied within a reasonable time. If County fails to provide the public records to the Department within
a reasonable time, the County may be subject to penalties under section 119.10, F.S.
2. Upon request from the Department's custodian of public records, County shall provide the
Department with a copy of the requested records or allow the records to be inspected or copied within
DEP Contract No. MV267, Page 13 of 20
(Approved Template 02/07/2017)
a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes,
or as otherwise provided by law.
3. County shall identify and ensure that all public records that are exempt or confidential and
exempt from public records disclosure requirements are not disclosed except as authorized by law
for the duration of the Contract term and following completion of the Contract if the County does not
transfer the records to the Department.
4. Upon completion of the Contract, County shall transfer, at no cost to Department, all public
records in possession of County or keep and maintain public records required by the Department to
perform the services under this Contract. If the County transfers all public records to the Department
upon completion of the Contract, the County shall destroy any duplicate public records that are
exempt or confidential and exempt from public disclosure requirements. If the County keeps and
maintains public records upon completion of the Contract, the County shall meet all applicable
requirements for retaining public records. All records that are stored electronically must be provided
to Department, upon request from the Department's custodian of public records, in a format that is
accessible by and compatible with the information technology systems of Department.
D. IF THE COUNTY HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, F.S., TO THE COUNTY'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS by
telephone at (850) 245 -2118, by email at public.services a(-dep.state.fl.us
or at the mailing address below.
Department of Environmental Protection
Office of the Ombudsman & Public Services
Attn: Public Records Request
3900 Commonwealth Blvd, MS 49
Tallahassee, Florida 32399
50. RECORD KEEPING AND AUDIT.
A. County shall maintain books, records and documents directly pertinent to performance under this
Contract in accordance with United States generally accepted accounting principles (US GAAP)
consistently applied. Department, the State, or their authorized representatives shall have access to such
records for audit purposes during the term of this Contract and for five (5) years following Contract
completion or termination. In the event any work is subcontracted, the County shall similarly require each
subcontractor to maintain and allow access to such records for audit purposes.
B. County understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the
Department's Inspector General in any investigation, audit, inspection, review, or hearing. County will
comply with this duty and ensure that its subcontracts issued under this Contract, if any, impose this
requirement, in writing, on its subcontractors.
51. REMEDIES. All rights and remedies provided in this Contract are cumulative and not exclusive of
any other rights or remedies that may be available to the Department, whether provided by law, equity,
statute, in any other agreement between the parties or otherwise. Department shall be entitled to injunctive
and other equitable relief, including, but not limited to, specific performance, to prevent a breach, continued
breach or threatened breach of this Contract. No remedy or election hereunder shall be deemed exclusive.
A failure to exercise or a delay in exercising, on the part of the Department, any right, remedy, power or
privilege hereunder shall not operate as a waiver thereof; nor shall any single or partial exercise of any
right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise
of any other right, remedy; power or privilege.
DEP Contract No. MV267, Page 14 of 20
(Approved Template 0210712017)
52. RESPECT OF FLORIDA. When possible, the County agrees that any articles that are the subject
of, or required to carry out, this Contract shall be purchased from a nonprofit agency for the blind or for the
severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the
same procedures set forth in section 413.036(1) and (2), F.S.; and for purposes of this Contract the person,
firm, or other business entity carrying out the provisions of this Contract shall be deemed to be substituted
for the state agency insofar as dealing with such qualified nonprofit agency is concerned.
The "nonprofit agency' identified is RESPECT of Florida which may be contacted at:
RESPECT of Florida.
2475 Apalachee Parkway, Suite 205
Tallahassee, Florida 32301 -4946
(850) 487 -1471
Website: www.respectofflorida.orq
53. TAX EXEMPTION. County recognizes that the Department is an agency of the State of Florida,
which by virtue of its sovereignty is not required to pay any taxes on the services or goods purchased under
the terms of this Contract. Department does not pay Federal excise or sales taxes on direct purchases of
tangible personal property. Department will not pay for any personal property taxes levied on the County
or for any taxes levied on employees' wages.
54. WARRANTY OF ABILITY TO PERFORM. County warrants that, to the best of its knowledge, there
is no pending or threatened action, proceeding, or investigation,, or any other legal or financial condition,
that would in any way prohibit, restrain, or diminish the County's ability to satisfy its Contract obligations.
County warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant
to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal
government. County shall immediately notify the Department in writing if its ability to perform is
compromised in any manner during the term of this Contract and any renewals.
55. WARRANTY OF AUTHORITY. Each person signing this Contract warrants that he or she is duly
authorized to do so and to bind the respective party to this Contract.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and
year last written below.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
By:
Mayor
Y-�-
FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By:
Secretary or designee
,
�-
Date:
cm
N
C) C-1)
--�
M
c..
INTENTIONALLY LEFT BLANK
(Approved Template 02/02(2017)
DEP Contract No. MV267, Page 15 of 20
MONROE COUNTY ATTRNY
AP VET AS ZT x.
T E1 T, VILLIAMS
ASSISTANT CO N AT
DRIte /�r TORNEY
-�����
FEID No. 59- 6000749
List of attachments /exhibits included as part of this Contract:
Specify Type /
Letter Description
Attachment A Scope of Work (2 pages)
Attachment B Subcontractor Utilization Report Form (2 pages)
Attachment C Quarterly Progress Report Form (1 page)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No. MV267, Page 16 of 20
(Approved Template 02/0712017)
ATTACHMENT A
SCOPE OF WORK
MONROE COUNTY MOBILE VESSEL PUMPOUT SERVICE
A. Scope of Services. In Support of the Clean Vessel Act Grant Program, the Florida Legislature
recognizes the importance of reduction or elimination of environmental impacts associated with the illegal
discharge of sewage from vessels, and compliance with the regulations of the federal No Discharge Zone
established by the U.S. Environmental Protection Agency and no discharge regulations established by the
Florida Keys National Marine Sanctuary. To that end, the Florida Legislature has appropriated $500,000
in nonrecurring funds for a marine sewage pilot program to assist Monroe County ( "County ") with alternative
funding for its mobile vessel pumpout service (Service). The County currently receives grant funding from
the Florida Department of Environmental Protection ( "Department ") for some pumpout costs.
This Contract is anticipated to provide a return on the State's investment through: 1) funding assistance
for the Service offered by the County, further reducing the potential discharge of untreated sewage
into the Florida Keys' waters resulting in improved water quality, and 2) creating increased awareness
of No Discharge Zone regulations and the availability and use of the Service conveniently provided to
anchored -out vessels. The County's Service, currently free to recreational boaters in the Florida Keys, is
helping to ensure compliance with the regulations of the federally established No Discharge Zone and is
critical in ensuring that water quality in the Florida Keys remains high. The $500,000 in funding assistance
provided under this Contract will assist with the costs of the Service currently being provided by Monroe
County, thus helping to improve and preserve water quality that is vital to the economy and marine
ecosystems of the Florida Keys.
Under this Contract, the County will subcontract services to provide a minimum of 3,083 pumpouts
per quarter, at locations throughout unincorporated areas of Monroe County within the Florida Keys
and will meet certain objectives as directed and established by the Monroe County Board of County
Commissioners.
B. Service Period. July 1, 2017, through June 30, 2018
C. Deliverables. For each quarter, the County shall submit the following after the close of each
quarter:
1. A signed quarterly pumpout report from its Contractor documenting a minimum of 3,083 pumpouts
performed, including the number of in -state vessels and out -of -state vessels pumped; volume of
sewage pumped; number of individual vessels pumped out; and method of disposal. Due no later
than the 30th day following the close of each quarter.
2. A Quarterly Progress Report Form (Attachment C), including documentation of submission of the
Quarterly Return on Investment Report to the Governor's Office of Policy and Budget (OPB). Due
no later than the 30th day following the close of each quarter.
3. An invoice for Service provided by its Contractor. Due no later than the 30th day following the close
of each quarter.
4. The Quarterly Return on Investment Report, as required by Section 11.13 of the Contract, to be
submitted directly to OPB. Due no later than 20 calendar days following the close of each quarter.
Documentation of such submissions should be included with the Quarterly Progress Report.
D. Cost and Invoicing. The quarterly payment shall be $125,000, calculated at a cost per pumpout
of $40.544444 based on 3,083 pumpouts per quarter. The County shall submit a quarterly invoice by the
30 day following the close of each quarter. Each invoice shall contain the following:
1. Invoice date;
2. Contract number;
3. Dates of service;
4. Documentation of Minimum Number of pumpouts required (3,083 per quarter); and
5. Subcontractor Utilization Report (Attachment B)
DEP Contract No. MV267, Page 17 of 20
(Approved Template 02/07/2017)
E. Timeline. The County shall submit quarterly reports and invoices on 30 day following the close
of the quarter, specifically, October 30, January 30, April 30 and July 30.
F. Performance Measures. The Department's Contract Manager shall review the quarterly reports
and documentation to ensure that the required number of pumpouts are performed each quarter.
G. Financial Consequences. If the required number of quarterly pumpouts are not performed, or are
not made up in the following quarter, then the next quarterly payment shall be reduced by $40.544444 for
each pumpout not performed.
DEP Contract No. MV267, Page 18 of 20
(Approved Template 02102/2017)
ATTACHMENT B
SUBCONTRACTOR UTILIZATION REPORT FORM.
DIRECTIONS
Contractors working for the Florida Department of Environmental Protection (DEP) must complete and submit this attachment with each invoice submitted for payment. Questions regarding use of this
form should be directed to the Procurement Section (MS93), Florida Department of Environmental Protection, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000, Phone (850) 245 -2361.
0
i
z
0
z
O
DEP Contract No. MV267, Page 19 of 20
(Appro T— pl- OWM01TJ
INDICATE
THE
ONE
CATEGORY
THAT
BEST
DESCRIBES
EACH
ORGANMON
LISTED
DEP Contract No.:
BUSINESS
CLASSIFICATION
CERTIFIED
MBE
NON-CERTIFIED
MBE
NON-PROFIT
ORG.
° z
°
° z
�?i
u1
of
>
a
>
mAi
x
a
m
„
in
Invoice Number:
a
F
a
F
p
_
m
>
z
3
m
0
z
z
pz
m
A
_
°
o
y �
m
z
z
a
m
"
?
I
z
.
a
m
°
>
K
.
`
o
fff
°
a°
0
m
0
m
K
n
z
y
K
>nnn
o
K
Task Assignment No. (if applicable):
y
g
z
a=
o
z=
m
o
r
0
0
Invoice Service Period:
g
m
LIST NAMES AND ADDRESSES OF
LIST AMOUNT PAID TO
y
SUBCONTRACTORS UTILIZED THIS
EACH SUBCONTRACTOR
INVOICE PERIOD
THIS INVOICE PERIOD
D
0
i
z
0
z
O
DEP Contract No. MV267, Page 19 of 20
(Appro T— pl- OWM01TJ
SUBCONTRACTOR UTILIZATION REPORT FORM CERTIFICATION
I certify that the information provided in the preceding page(s) is accurate as of the last day of the payment period identified on this form.
(Signature) (Date)
(Business Name)
(Street Address)
(City, State, Zip Code)
(Phone Number)
DEP 55-217 (08100)
DEP Contract No. MV267, Page 20 of 20
(App —d Template OM2,2017)
ATTACHMENT C
QUARTERLY PROGRESS REPORT FORM
Project Number:
Agreement Number:
Grantee Name:
Reporting Period: Year- 2017 Quarter- 1- �anuary ,February, - March..
Provide a summary of the project's accomplishments to date.
Provide an update on the estimated time for completion of the project, and an explanation if
there are any anticipated delays.
Identify below, and attach copies of any relevant work being submitted for this project for the
reporting period (e.g. copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements of Clean Vessel Act
Project Agreement No. and accurately reflects the activities and costs associated
with the approved project.
Signature of Grantee's Grant Manager Date
CVA02 Quarterly Progress Report Form (Revised 07/21/2017), Page 1 of 1
1
a
ATTACHMENT C
QUARTERLY PROGRESS REPORT FORM
Project Number:
Agreement Number:
Grantee Name:
Reporting Period: Year- 2017 Quarter- 1- �anuary ,February, - March..
Provide a summary of the project's accomplishments to date.
Provide an update on the estimated time for completion of the project, and an explanation if
there are any anticipated delays.
Identify below, and attach copies of any relevant work being submitted for this project for the
reporting period (e.g. copies of permits, photographs, etc.)
This report is submitted in accordance with the reporting requirements of Clean Vessel Act
Project Agreement No. and accurately reflects the activities and costs associated
with the approved project.
Signature of Grantee's Grant Manager Date
CVA02 Quarterly Progress Report Form (Revised 07/21/2017), Page 1 of 1