Item I1' ` 1 � I►1 lI
Meeting Date: September
16,
2015
Department: Planning Environmental Resources
Bulk Item: Yes
No
X
Staff Contact /Phone #: Richard Jones/289-2805
AGENDA ITEM WORDING: Staff update regarding the County's vessel pumpout program and
associated State funding.
ITEM AC _ GROIN : Monroe County (County) currently has an Agreement with Pumpout USA.
(Contractor) for mobile vessel pumpout service which runs through March 31, 2017 (attached). The
Agreement is contingent upon continuous, sufficient grant funding to the Contractor by the Department
of Environmental Protection (DEP) Clean 'Vessel Act (CVA) Program. The Contractor's current grant
agreement with CVA runs through October 31, 2015.
DEP staff recently informed the Contractor and County Staff that the State has decided, for the future,
to work at the County level throughout the state to build sustainable pumpout programs, using Monroe
County's pumpout program as a model. Therefore, the DEP has asked the County to be the applicant
on CVA grants for pumpout service in the future.
The CVA Program has budgeted $250,000 in reimbursement based grant funding to be awarded to the
County, rather than directly to the Contractor, for the next grant funding cycle. CVA Program staff
anticipates preparing an agreement for the County to be awarded that funding, upon receipt and
approval of a grant application from the County, with an anticipated effective date of November 1,
2015. Also, the State has budgeted $100,000 for the County to help fund the County's pumpout
program (see attached letter from the State (office of Policy and Budget). DEP will administer the
$100,000 and is currently preparing an agreement for the County to receive and utilize that funding
(also anticipated to have an effective date of November 1, 2015). The following table indicates the
current and anticipated funding levels and sources for the pumpout program for comparison purposes.
Annual Funding
Funding
pumpout Quota
Avg. Annual
Level
Source
(per month)
Cost Per
Fundiing Level
Pu pout
County:
$340,200
$21.80 -
2013
CVA Award:
$494,802 (began Feb)
1300
$34.60
Total
$835,002
$56.40
County '
.
--$329,223 (
_
21.10
2014
CVA Award: j
539 825
1300
µ
$34.60 —
Total:
$869,08
$55.70
County:
$367,156 ,
..........
$27.10
- _
2015Funding:_
i stag
__
_
$16 666
------.....
1300 fan -Mar}; 1500 (Apr -Dec)
$18.34
(combined
CVA Award:
302 514
state)
Total:
$686,336
$39.44
County:
—...... _...
$379,800
$21.10
_,_
State
---�..
201.E
Funding:
8
$100,000 (if cost.)
1500
$19.44
CVA Award:
$250,000 (if cont.)
(combined state)
__
Total
$729, 00
-.....
$40.54
used on the above described information, Staff anticipates returning to the Board at its October 21,
2015 BOCC meeting with three agreements for approval, including: 1) an amended Agreement
between the County and Pumpout USA reflecting the County as the CVA grantee, 2) an Agreement
between DEP and the County providing $100,000 to the County for one year of funding assistance for
the pumpout program, and 3) an Agreement between CVA and the County providing $250,000 in grant
funding to the County for one year of funding assistance for the pumpout program.
PREVIOUS RELEVANT BOCC ACTION:
March 2015- Approval of Amendment No. 5 to Agreement with Pumpout USA for $3 79,800 per year for two
years of mobile vessel pumpout service
irolliely M����Wx
BUDGETED: Yes No
I* M1lvtm�-401;21
REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year
APPROVED BY: County Attorney X /If" OMB/Purchasing — Risk Management _
lJ110T@1WUrVx0—KT#U110
Revised 6/15
Included Not Required.
RICK SCOTT
GOVERNOR
Richard Jones
Monroe County Marine Resources
2798 Overseas Hwy., Suite 400
Marathon, Fl,
Dear Mr, Jones:
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-0001
www.flgov.com
850-488-7146
850-487-0801 fax
July 17, 2015
On June 23, 2015, the Governor signed the $78.4 billion "KEEP FLORIDA WORKING" budget for Fiscal
Year 2015-16. This budget cuts over $400 million in taxes, invests record amounts in education, grows the
economy, protects the environment, keeps families healthy, and builds strong communities.
Florida taxpayers deserve a return on investment for their hard-earned dollars, and Governor Scott is
committed to ensuring that the projects funded in this budget provide a documented positive return on
Florida families' investment. Therefore, we ask that you identify the positive return the state will receive
by providing funding for:
Line Item 1582
Project Mobile Vessel Pumpout Service (Pumpout USA)
Amount $100,000
A return on investment can vary and can include increased jobs and revenue to the state; reduced
recidivism or involvement in the juvenile justice system; improved healthcare cost, quality, and access; or
improvements to water quality. Actual returns by fiscal year should be included if state funding was
previously received, as well as projected positive returns based on the Fiscal Year 201.5-16 fundirig.
Please provide your response to Noah. Valenstein@LASPBS.STATE. FL, US by July 31, 2015 as the
Governor is directing the Department of Environmental Protection" to incorporate this commitment into
your funding agreement for the project. We also request that you provide quarterly updates to the Office
of Policy and Budget so that staff can review the project results throughout the year and develop a basis
for budget review in the event subsequent funding is provided in future years.
If you have any questions, please contact Noah Valenstein, Policy Coordinator at (850) 717-9508
Sincerely,
Cynt ria Kelly, Director
Office of Policy and Budget
AMENDMENT NO.5 TO AGREEMENT
BETWEEN PUMPOUT USA, INC.
AND MONROE COUNTY, FLORIDA
for
'VIVY,
THIS AMENDMENT NO.5 TO AGREEMENT is made and entered into this 18th day of March,
2015, between Monroe County Board of County Commissioners (hereinafter "County" or "BOCC") and
Plumpout 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 in the first year; and
WHEREAS, Amendment No. I to the Agreement was approved on March 20, 2013, deleting
Section XII Donations and Grants, and including Attachment H- Contract Provisions and Attachment I -
Regulations as requested by the Florida Department of Environmental Regulations (DEP) which has a
separate agreement with the Contractor for the pumpout service to Monroe County; 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. 2 to the Agreement was approved on July 17, 2013, to eliminate the
quota and per pumpout cost due to a slow startup of service, and allow for full quarterly payments to be made
to the Contractor; and
WHEREAS, Amendment No. 3 to the Agreement was approved on December 10, 2014, to extend
the Agreement through January 31, 2015; and
WHEREAS, Amendment No. 4 to the Agreement was approved on January 21, 2015, to extend the
Agreement through March 31, 2015; and
WHEREAS, the Contractor has steadily increased pumpout numbers in the second year of operation
to over 1500 pumpouts per month; and
WHEREAS, the County recognizes the public benefit of continuing to provide mobile vessel
pumpout service; and
WHEREAS, the County desires to renew the Agreement for an additional two year period as
provided for in the initial Agreement, establish a cost per pumpout of $21.10, provide for a logical quota of
1500 pumpouts per month with an associated not -to -exceed cost of $379,800 per year and $94,950 per
quarter, and require an annual audit of the Statement of Revenues and Expenses associated with the contract
with Monroe County; and
WHEREAS, the Contractor initially intended to operate as a non-profit under the name National
Marine Waste Foundation, Inc., but prior to the execution of the Agreement requested to operate as Pumpout
USA, Inc.; and
WHEREAS, the County has directed staff to consider development of a fee structure for customers
of the pumpout service, which may be implemented subsequent to the expiration of this Amendment;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have
entered into this Amendment No.5 as follows:
I. SCOPE OF SERVICES:
Contractor shall be the exclusive provider of mobile vessel 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.
This Amendment (amended Agreement) shall be effective on the date above. The term of the
Amendment shall be for two years, commencing on April 1, 2015 and ending on March 31, 2017.
However, the Amendment is contingent upon sufficient grant funding to the Contractor by the DEP
Clean Vessel Act (CVA) Program or other sources. No work shall commence under this amended
Agreement until execution of a CVA grant agreement between Contractor and DER In the event a
CVA grant agreement with DEP is not executed effective April 1, 2015 (or effective by April 30,
2015 with the term beginning April 1, 2015), this amended Agreement is void. The amended
Agreement is subject to continuous grant funding by DER If the CVA grant is cancelled or
becomes unfunded this amended Agreement is also cancelled, unless the parties amend it in the
same manner as it was originally approved. The term of this amended agreement shall be renewable
in accordance with Section V. The Contractor shall comply with the provisions of Attachments H
and I, consistent with the grant requirements of the CVA Program.
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 Seventy Nine Thousand Eight Hundred DOLLARS ($379,800 per year).
County is not responsible for any payment or funding of this amended Agreement unless the CVA
grant between DEP and Contractor is timely executed and consonant with Section 11. of this
Amendment and sufficiently funded.
If funds from CVA or other sources 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 terminated 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 termination. Payment under this
amended Agreement is contingent upon an annual appropriation by the Monroe County Board of
County Commissioners.
Payment will be made based on a per unit price of $21.10 (Twenty-one and 10/100 Dollars) per
pumpout (based on a logical quota of 1,500 pumpouts per month) on a quarterly basis as follows:
(a) At the end of each quarter, 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 requests for reimbursement submitted to DEP for the same time
2
period, and 3) description of additional services or activities provided (as described in the
Scope of Services). Quarterly payments shall not exceed $94,950 based on 4,500 pumpouts
per quarter. Quarterly invoicing shall be based on a monthly maximum of 1,500 pumpouts at
$21.10 per pumpout. In the event the Contractor performs less than 1500 pumpouts in any
given month, the difference shall not be made up for in other months in the same quarter, or in
other months in other quarters. In the event the Contractor performs more than 1,500
pumpouts in any given month, the County shall not pay for the additional pumpouts.
(b) Travel and lodging are specifically excluded from payment. Payment shall be made only for
services provided (i.e. individual pumpouts) and there are no reimbursable items.
(c) 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 Government Prompt Payment Act. After the Clerk of
the Court examines and approves the request for payment, the County shall make payment to the
Contractor. The total of said payment in the aggregate sum shall not exceed the annual total amount
shown in Section 111.
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.
V. RENEWAL:
The County shall have the option to renew the Agreement after the original term, for two additional
two-year periods. The term of this Amendment No.5 constitutes the first additional two-year
period.
The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate
pumpout vessels and associated equipment and infrastructure. It is the Contractor's responsibility
to maintain all permits and licenses that may be 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. Proof of such licenses and approvals shall be submitted to the County upon
9
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.
At all times 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 times exercise independent, professional judgment
and shall assume professional responsibility for the services to be provided.
Since this contract is a service agreement, staffing is of paramount importance. 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 be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this contract shall be fully qualified,
and, if required, to be authorized or permitted under State and local law to perform such
services.
The Contractor shall be responsible for payment of any utility charges associated with the mobile
pumpout service. All utility accounts will be held in the Contractor's name.
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.
RIMMI WIXI U
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 COUNTY's elected and appointed officers and employees harmless from and against (i) any
claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate
proceedings, or other proceedings relating to any type of injury (including death), loss, damage,
fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, 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 term of this Agreement, (B) the negligence or willful 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
Pi
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 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 work under this Agreement is delayed or suspended as a result of the Contractor's
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 ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
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 -Wide Mobile Vessel
Pumpout Service in "as is" condition, and the Contractor shall allow the County to inspect said
facilities and equipment at any reasonable time. In addition, all operating supplies and any
additional equipment shall be the responsibility of the Contractor. The County shall provide a slip
for Contractor's pumpout boat at the Murray Nelson Government Center in Key Largo.
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 full 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 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.
0.4-UM5 1.3 IL41 1:1221EX21419mm 9XIA'Ar it
The Contractor 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.
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
discrimination 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 discrimination on the basis of race, color or national origin; 2) Title IX
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 1973,
as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
W
Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination
on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), 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 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 USC ss. 690dd-3 and 290ee-3), as amended,
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 nondiscrimination 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; 10)
Monroe County Code Ch. 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 other nondiscrimination provisions in any Federal or state
statutes which may apply to the parties to, or the subject matter of, this Agreement.
Contractor shall keep and maintain 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
reasonable and 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 determines that monies paid to
the Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, 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
by an independent Certified Public Accountant, which shall conform to generally accepted auditing
standards, of the Statement of Revenues and Expenses associated with the contract with Monroe
County, and which shall be submitted to the County within one hundred twenty (120) days
following 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.
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
The passing, approval, and/or acceptance by the County of any defect in the services furnished by
the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of
this 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 offices utilized by the Contractor periodically to inspect Contractor's maintenance of
R
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's normal business hours.
The County 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 termination. Compensation shall be
paid to Contractor through the end of provision of services or for the thirty (30) days, whichever is
shorter,
The County may terminate this agreement for cause if the Contractor shall default in the
performance 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 satisfaction of the County within
fifteen (15) days after the County provides the Contractor with written notice of said default:
a. Failure to provide pumpout services to liveaboards as described in this contract,
b. Failure to comply with local, state, or federal rules or regulations pertaining to the
operation of pumpout vessels or the handling and/or treatment of vessel waste.
c. Breach of any other term, condition or requirement of this agreement.
XXI. ASSIGNMENT:
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board 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 assignment
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.
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 services,
including 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 inunediately upon delivery of written notice of termination to the
contractor. The contractor shall possess proper licenses to perform work in accordance with these
specifications throughout the term of this contract.
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 any
manner with the performance of services required by this contract, as provided in Sect
112.3 11, et. seq., Florida Statutes.
7
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 public position, conflicting employment or contractual relationship; and disclosure or use
of certain information.
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.
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
Monroe County Administrator and Growth Management Director and
1100 Simonton Street
Key West, FL 33040
10) 1XV-63LIN KIR-100 1191 'N
Donnie Brown, Pumpout USA
1150 Highway 83 North
DeFuniak Springs, Florida 32433
VX:�i/ll!lJm=-
2798 Overseas Hwy.
Marathon, FL 33050
County Attorney
11 I I 12t" St., Suite 408
Key West, FL 33041
The County is exempt from 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 suppliers for materials
used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County'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.
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
M
or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in
the appropriate court or 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 not subject to arbitration.
A 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:
$35,( 00,00).
XXIX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and
warrants that*,
(a) The Contractor's name in this agreement is its full name.
(b) He or she is empowered to act and contract for Contractor.
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 permitted by
law 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 comes as close as possible to the intent of the stricken provision.
The COUNTY and CONTRACTOR agree that in 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 attorney's fees, court costs,
investigative, and out-of-pocket \expenses, as an award against the non -prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
E,
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 assigns.
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duty authorized by all necessary County and corporate action, as required by
law.
P.A.A.14 MA WK9163 a S I IM W" I V to] i V21
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. COUNTY and CONTRACTOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement.
MKI MM e MM93 � P 0WIVEW-93 0j. � - . �_'
The COUNTY and CONTRACTOR warrant that, in respect to itself, 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 employee 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 owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
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 be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the COUNTY be required to contain any provision for waiver.
VAAMIMLI "M
No person or entity shall be entitled to rely upon the terms, 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,
Ful
inferior to, or superior to the community in general or for the purposes contemplated in this
Agreement.
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of COUNTY in his or her individual capacity, 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.
This Agreement may be executed in 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 counterpart.
hXMIMIN HIM: I WA 01 Q
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 not a part of this Agreement and will not be used in
the interpretation of any provision of this Agreement.
Contractor shall furnish proof of insurance prior to execution of this Agreement by the County.
Coverage shall be maintained throughout the entire term of the contract, failure to maintain
coverage shall be considered a valid reason for County to terminate this Agreement.
Coverage shall be provided by a company or companies authorized to transact business in the 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 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 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 shall require 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 COUNTY shall be named as an
additional insured on all subcontractors' liability policies. Upon request of COUNTY,
CONTRACTOR shall provide such evidence of insurance required of the subcontractor.
I I
The CONTRACTOR will not be permitted to commence work governed by this contract (including
pre -staging of personnel and material) until satisfactory evidence of the required 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 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.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
0 Certificate of Insurance
Ki
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 the CONTRACTORS insurance shall not be construed as
relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed 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) 1ISSRATICE REQUIR
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 minimum:
Insurance Reguirement Reguired Limits
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
12
coverage for claims subject to the Federal Jones Act (46 U.S.C.. subsection 688) 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:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability $1 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 Insurance which will respond to bodily injury,
property damage, 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, arising out of the services
governed by this contract.
The minimum limits of liability shall be:
$1 Million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
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 terms no less restrictive than those found in the standard "American
Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
• Injury (including death) to any Person
• Damage to Fixed or Movable Objects
• Costs Associated with the Removal of Wrecked Vessels
• Contractual Liability with Respect to this Contract
13
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 limits acceptable shall be:
Million Combined Single Limit (CSL)
Coverage provided by a Protection 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.
This agreement constitutes the entire agreement between the County and the Contractor for the
services contemplated herein. Any amendments or revisions to this agreement must be in writing
and be executed in the same manner as this agreement.
U,
IN WITNESS WHEREOF the parties hereto have executed this Amendment No.5 to the
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
(SEALS ,:
.Attest: 4Y HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MOT*tQE COUNTY FLO A
By: By:
Deputy Clerk Cta-y-3otlialrr7naT
W I I NESS
STATE OF 2�1,3 mArz-
COUNTYOiF M6,We-
1011
WE
Pr
int name and title: 100'g,
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
j■i fER MORRIS
ASSISTANT COUNTY "ATTORNEY
Date: Z 42 A-1 4 �-
On this n
-, day of MA (r-, 201-5, before me the person whose name is subscribed
above, and who produced )y-<t\-,cj as identification, acknowledged that he/she is the
person who executed the above Agreement for the purposes therein contained.
No ary PVblic
Ilk e-
Print Name
My commission expires:
Seal
15
ATTACHMENT H
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland "Anti -Kickback" Act (18 U.S,C. 874),
as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States"), The Act provides that each contractor or subrecipient shall be
prohibited from inducing, by any means, any person employed in the construction, completion, or
repair of public work, to give up any part of the compensation to which he is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency.
3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
$2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S,C, 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor,
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination. The recipient shall report all suspected or reported violations to the Federal
awarding agency.
4, Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all
contracts awarded by recipients in excess of $2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of
every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of
the standard work week is permissible provided that the worker is compensated at a rate of not less
than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall be required to work in surroundings or under working conditions which are unsanitary,
hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials
or articles ordinarily available on the open market, or contracts for transportation or transmission
of intelligence.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under
Government Grants, Contracts and Cooperative Agreements,"' and any implementing regulations
issued by the awarding agency.
DEP Agreement No. MVXYX, Attachment H, Page I of 3
0
6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and
the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency (EPA).
T Byrd Anti -Lobbying Amendment (31 U.S.C. 13 2) - Contractors who apply or bid for an award
of 100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall also disclose any lobbying with non -Federal Rinds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the recipient.
8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689 "Debarment and
Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amend (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking 'Water Act (42 U.S.C. 300h-3(e)) - Contracts and
subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of
the Safe Drinking 'Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
10. Compliance with all Federal statutes relating to nondiscrimination - 'These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L.. 88-352), which prohibits.
discrimination on the basis of sex, (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972.(P.L. 92-255), as.
amended, relating to nondiscrimination on the basis of drug abuse;. (e) the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq,), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply.
11. Compliance with the requirements of Titles'H and III of the Uniform Relocation Assistance
and heal Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12, Compliance with the provisions of the Hatch Act (5 U.S.C. 1501— 1508 and 7324 — 7328) that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
DEP Agreement No. MVXX, Attachment H, Page 2 of 3
11 Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is $10,000 or more,
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of environmental quality control measures under the National Environmental Policy
Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the
Endangered Species Act of 1973, as amended (P.L. 93-205).
15. Compliance with the Wild and Scenic Rivers Act of 1%8 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and scenic rivers system.
16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended
(16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development, and related activities supported by this award of assistance,
18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7
U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held
for research, teaching, or other activities supported by this Agreement.
19, Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that
prohibits the use of lead -based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act (Pub. L. 94-163, 89 Stat. 871).
21, Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug -Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by
Public Law 105-95, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C. § 702) and DOC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26,
2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace,
22. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that, to the greatest extent practicable, all equipment and products purchased
with funds made available under this Agreement should be American -made,
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C.
7104(g).
REMAINDER OF PACE INTENTIONALLY LEFT BLANK
DEP Agreement No. MVXXX, Attachment H, Page 3 of 3
ATTACHMENT I
Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may M21y to the work performed under this AEeement.
General
43 C.F.R, 17
Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12
Subpart C - Uniform administrative requirements for grants and cooperative
agreements to state and local ao�me�nts
43 C.F.R. 12
Subpart F - Uniform administrative requirements for grants and agreements with
institutions of higher education, hospitals and other nonprofit organizations
43 C.F.R. 18
New restrictions onlobo ying
43 C.F.R. 43
Government wide regu irements LLqELLee work lace
Other Federal Regulations
2 CER. 1400
Suspension and Debarment
48 C.F.R. 31
Contract Cost and Procedures
,±Ejjc�iles
Office of Management and Budget Circulars
A-21 (2 CFR 220)
Cost Principles for Educational Institutions
A-87 (2 CFR 225)
Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFR
230)
A-133
Cost Principles for Non -Profit Organizations
Audit Requirements
611 ifl� 11011 r M-0 111,
DEP Agreement No. MVXXX, Attachment 1, Page I of I
Scope of Services
For
Mobile Vessel Pumpout Servica.
Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of
unincorporated Monroe County within the Florida 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
Pumpout USA will provide mobile vessel pumpout service consisting of a minimum 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 will
work 8 hours per day, 5 business days per week in the areas designated on the attached
Mobile Pumpout Service Coverage Map (Attachment 1). 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 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 will
be servicing anchored vessels located in established Managed Anchoring Zones, as
identified in the attached County anchoring ordinance (Attachment 2). 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. Pumpout 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 Pumpout USA to register for routine
pumpout service (see Registration of Customers below), which will assist in streamlining
the service 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).
Vessel waste will be offloaded and properly disposed of utilizing fixed pumpout stations
located throughout the Keys, and when necessary hauled out by licensed haulers.
2. Staffing
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 be authorized or permitted 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 Contractor will provide vessel operators and a Project Manager that has extensive
experience and training in the pumpout industry,
The Project Manager will maintain an office 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 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 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. Upon the first
visit by the pumpout vessel the pumpout vessel operator will 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.
A 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 (latIlong), 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 allows the
Pumpout USA pumpout vessel operator permission to pumpout the participating vessel
and board the vessel, if necessary.
4. Public Education
Pumpout 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 environment. These materials will be made
available 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) will also 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.
5. Coordination with County staff and FWC
Pumpout 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.
WTV
p m1 M =� 6
1. Monthly Pumpout Logs
Signed monthly pumpout logs will be submitted, specific to each pumpout vessel and
broken down by service area, indicating the number of pumpouts performed, volume of
sewage pumped out, and number of individual vessels pumped out.
2. QuarterLy 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
• 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
3. Invoicing
Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each
quarter's payment, as stipulated in the contract. The invoice cost (as described in the
contract) will be based on a per unit rate.
a a
lvl%,J,,hbile Pumpout Service
Coverage Map
Keys -Wide Area
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Mobile Pumpout Service
Coverage Map
Key West Area
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Xey West
Harbor
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Managed Anchoring Zones
N Land
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371 o a L Codification. The provisions of this ordinance shall be included and
372 incorporated into the Code of Ordinances of Momme County, Florida and shall be
373 numbered to conform with the uniform numbering system of the Code.
374
375 SWOoo C Expiration Date, The FWC Pilot Program is scheduled to expire on July
376 1, 2014, unim extended by the Florida State Legislature. This ordinance shall expire or
377 be extended concurrently with the FWC Pilot Progmm.
378
379
390
381
382
393 PASSED AND ADOPTED by the Board of County Cornmissioners of Monroe County,
384 Florida at a regular meeting held on the 17th day of October, 2012.
385
386 Mayor David Rice yes
387 Mayorpro lem Kim ngton Yes
388 Commissioner George Neugent
389 Commissioner Heather Carruthers lea
390 Commissioner Sylvia Murphy Yes
391
392
393 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
394
395 Attest DANNY L. KOLHAGE� CLERK
396 ki W�
397 By YJAW By
398 Deputy Cie& May&15avid Rice
4
STATE OF FLORMA
COUNTY OF NNIONFOE
.P5is Copy is a True (7,my of the
Ori:irtal on Fik- in his 6ffice. Witness
my hand And Official Seal.
T�is
A.D., 20-1(;(,
DAIN'�Y L. r"OLHAGE
C 11, lk
A
BY
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A
ACC)R& CERTIFICATE OF LIABILITY INSURANCE I DATE I ow-'nofy
1 0310212015
FTHIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND. EXTEND OR ALTER IME COVERAGE AFFORDED BY THE POU-tes
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEi;
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
WPORTANT: If the certiflicate holder Is an ADDITIONAL INSURED, the policy(les) 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 Certificate does not confer rights to the
certificate holder in lieu of such endorsement (21-
PRODUCER r.OrITACT
NAMP' Charlie Branch
9 U 288-4B828
Lza o I
ancrt taranins PtIONE
12443 San Jose Blvd E-MAIL
LADDRESS,
Jacksonville, FI 32293
.... . .. ..... AFFORDING COVERAG.
INSURER A, Mercury Ins Company
INSURED INSURER 8:
A
PurnpOut USA INSURER C,
1150 State Highway 83
T_SURERq'
D--funiak Springs. Fl 32433 INSURER E:
INSURER F, tl
rnVFRAr.FA r_FRT1FIrATF NI IURFP- 0 =tile I^U big laggog=n
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREDNAMEDABOVE FOR THF POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER
DOCUMENT WITH RESPECT TO WHICH THIS
CERT!RCATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID :;LAIMS.
. . . . ......
RANCE POLICY EFF POLICYEXP
E,TR TYPE OF F'Oucy NUMBER (MM)ooMQTL_LMM1C0NyYy)
-------- - -
LIMITS
GENERAL LLASILM
EACH OCCURRENCE
COMMERCIAL GENERAL LIABILITY
PREM SES EA u nw
4 . CLAIMS -MADE OCCUR
MED EXP {Any one person)
IIi A�OV INJURY
GENERAL AGGREGATE i S
GEN'L AGGREGATE LIMIT APPLIES PER
PRODUCTS - COMP�OP AGO
POLICY LUC
S
AUTOMOBILE LIABILITY
COM§IN ED SINGLE LIMIT
X; ANY AUTO
SOOL Y INJURY (Par per55nj 5 1,000,000
A I ALL OWNED IV: SCHEDULED X BA090000007967 02/1612015 02111612016
AUTOS AU IDS
BODtLYJNJURY(Pora=JcnI) S 1.000,000
NON -OWNED
HIREDAUTOS AUTOS
:_PR_0_'P_E_R_T__
Y DAMAGE S 1 - '0 - 00,000
UFABRELLALIAB OCCUR
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EXCESS LIAS CLAIMS -MADE
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1 QED RFTENTfON Z
KFRSCOMPENSAI10H to
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!AND EMPLOYERS' LIABILITY YIN
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ANY fIROf-RiLTORA-ARTNC-RfCXE.:CUTIVE
3YM
01�:ICERIMEMBER LXCLODEDI
E-L. EACH ACCIDENT S
(Mandatory in NHJ
EL. DISEASE - EA EMPLOYEE 5
dc5cribu twder DATE
--
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E.L. DISEASE - POLICY LIMIT S
DESCRIPTION OF OPERATIONS I LOCATIONS; VEHICLES (Attach ACORD i0i, Additional RawnaAs Sch6dullg, if rnore zpace is requindl
Monroe County Board of County Commissioners
1100 Simonlon St. Rim 2268
Key West, Fl 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE IEXPIR.ArKM DA7E THEREOF, NOTICE WILL BE DFuvERED IN
ACCORDANCE WITIt THIZ POLICY PROVISIONS.
7.
Z"
25
The ACORD name and logo are registered rnarkS of ACORD
�! �_ T _=1
CERTIFICATE LIABILITY INSURANCE
DATE( MWMWM
�ttt��s
THIS CERTIFICATE 15 ISSUED AS A MATTER OF 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_ HOLDER.
NPORTANT If the ceffificato holder Is an ADDITIONAL WSURED, the policy(les) merit be endorsed, If SUBROGATION IS WANED, subject to
the terms and conditions of the policy, conSin Policies may require an endorsement A staternant on this certificate not confer rights to the
cortIfIcato holder In lieu of such endo monl s .
tsclue
Gallagher Charter Lakes
3455 East Parls Ave SE
Grand Rapids, MI49512
00MAcT Dan Longman _
E . 616-076-3501 616-975-0670
dance, .ram
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MUM A, Travelers Casualty Company of America
INSURED
Pump Out US& Inc.
1160 State Highway 63 NoM
Oefuntsk Spring, FL33433
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MONROE COUNTY BOARD OF COMMISSIONERS
1100 StMONTEN STREET
KEY WEST FL 33040
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE MTN THE POLICY PROVISIONS.
ACCIRD 25 (2014101) The ACORD name and logo are registered marks of ACORD —*F" --
--- —1.0
CERTIFICATE I DATE (MWODIYWY)
0/20t2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF 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 INSURANCE DOES CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
yC�ERyTIFICATyE�®pOF (NOT
s
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 certificate does not confer rights to the
certificate holder in lieu of such endorsements .
PRODUCER
AcenVia, Inc.
4091 Colonial Blvd. #100
Fart Myers FL 33966
CONTACT
NAME:
I FAX 230-939- 172
PHONE . 239-939-1010
E-MAJL . certificates@timshaw.c€,m
INSURERS AFFORDING COVERAGE NAIC #
INSURERA:ATrust North America
INSURED PUMPOUT-01
INSURERB:
_
INSURERc:
Pump Out USA
1150 Hwy 63 North
De Funiak Springs FL 32433
INSURER D
INSURER E;
INSURER F :
r1FP'T1r_U1 aTF wII RFR• 1924389503 REVIS CSN NUMFIER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSION$ AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
_ --- -
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TYPE OF INSURANCE
LTR. IN5D
WVD
( POLICY NUMBER
POLICY EFF
(MM/DD1YYYY
POLICY EXP
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$
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UMBRELLA LLAB j OCCUR `
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ANYPROPRIETORIPARTNERIEXEC.UTIVE
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(Mandatory In NH)
Y 31 09427
10112/2014 10112/2015
I
X LNI TE ORH-
E.LEACHACCIDENT
$1,000,0(N3
E.L. DISEASE - EA EMPLOYEES
$1,000,ODO
I yea, deaCriba tardar
DE SCRiPTIONOFOPERATIONS I. ...
E.L.DISEASE-POLICY LIMIT
} $1,Di10,O0Q
I
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more apace is required)
owners/Officers Excluded from Workers Compensation Benefits: Vernie Brawn
THE WORKERS COMPENSATION INCLUDES A WAIVER OF SUBROGATION, FORM (WC000313)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MONROE COUNTY BOARD OF COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS.
1100 SIMONTEN STREET
KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE
0 '1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD
Marine Resources Office
Accomplishments- August 2014 through July 2015
Vessel Pumpout Program:
Pumpout numbers have risen steadily since the start of the program in January 2013, with
monthly pumpouts exceeding the initial quota of 1300 per month since June 2014. Current
pumpout numbers exceed the current quota of 1500 per month which became effective April
2015.
From: Leonard, Brenda <Brenda.Lenmard@deo.stateƒ.us>
Sent: Thursday, August 13,20I5l0:48Ak4
To: Jones -Rich
Cc: Wood, Rebecca; Gaokin,[ar|o
Subject: Monroe County pumpoutproject
Attachments: Clean Vessel Act Instructions Grant Application Package 7-25I3.pdf
Rich,
Per our phone conversation thismmnnioQ
I met with our Contract Admin and we will do two contracts for the Monroe County pumpout program:
o Quarterly reporting required to Governor's office —the contract will outline those details
250K to be used for the pumpout program on CVA / state allowable costs and subcontractingzik
o 62,500 Match to be met bvthe county
m Contract will list all [VA/sa1eallowable costs for the project
| can begin working onthe DEPcontract documents and drafts and can have them before the confcall. VVewill need the
vvorkp|antoinsert into our contract once itiscompleted.
| have attached aCVAapplication. VWeonly need the basic information. The budget will bemore simple with one line
for operations,
VVewill need to break out any large parts over $1,800 and title those equipment so we can estimate what that cost may
be. I'll work with you onthose details ofthe contract content.
Brenda Leonard,MSA, FCCM
Program Administrator
Office ofSustainable Initiatives
Florida Department ofEnvironmental Protection
39UOCommonwealth Blvd,MS- 8
Tallahassee, FL32389- 000
Office:0SO-245-2847 internal 5]847
Fax:85O-245-21S9
E-mail: Brenda.Leonard
Environmental Protection through Science, Sustaxnabi|byand Stewardship:
Clean Marina
�Clean Vessel
Florida Green SchoolsFlorida Green L
�
From: Jones -Rich
Sent: Thursday, August 13,Z01S9:33AKH
To: Leonard, Brenda
Subject: RE: are you in the office
HeyBrenda-justgutbackimtheofflce,beemtraveQng around the state attending FVVCmeetings. What's up??
Rich