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Item H3BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 18, 2015 Division: Growth Management Bulk Item: Yes No X Department: Marine Resources Office Staff Contact Person/Phone 4: Richard Jones/289-2805 AGENDA ITEM WORDING: Discussion and approval of Amendment No.5 to the Agreement between Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys -Wide Mobile Vessel Pumpout Service, to: 1) renew the Agreement for an additional two year term commencing April 1, 2015, 2) establish a rate of $21.10 per pumpout, 3) provide for a not -to -exceed annual cost to the County of $379,800 based on a quota of 1500 pumpouts per month, and 4) require an annual audit of the Statement of Revenues and Expenses associated with the contract with Monroe County. ITEM BACKGROUND: The Board of County Commissioners (BOCC) approved an Agreement with the Contractor on December 12, 2012 (attached), to provide Keys -wide mobile vessel pumpout service in the unincorporated areas of the Florida Keys, with additional funding assistance to the Contractor from the Florida Department of Environment (DEP) Clean Vessel Act (CVA) grant program. The original Agreement provided for quarterly payments based on a per -unit pumpout cost of $21.81, with a quota of 1300 pumpouts per month and annual cost up to $340,200.85 in the first year and $329,223.35 in the second year. The Board approved Amendment No.1 to the Agreement (attached) on March 20, 2013, deleting Section XII Donations and Grants, and adding Attachments H and I providing for DEP grant provisions (attached). Due to a slow start-up of the pumpout operation, and the need to gain interest amongst the liveaboard boaters, the BOCC at its July 17, 2013 meeting approved Amendment No.2 to the Agreement (attached) eliminating the quota and per-pumpout cost. At the September 17, 2014 BOCC meeting the Board heard a report from staff describing the increase in monthly pumpouts performed in the second year of operation, with service exceeding the initial quota of 1300 pumpouts per month in eight of the past nine months (see below). Staff indicated that the Agreement is due to expire December 31, 2014, and the Contractor is amenable to continuing the service for two additional years as provided for in the Agreement and re-establish a per unit cost for pumpouts. Staff described the increasing success of the pumpout service, and associated compliance with proof of pumpout requirements within `managed anchoring zones' (Ord. No.009-2013). Staff suggested the Board consider increasing the monthly quota from 1300 to a logical quota of 1500 pumpouts, due to the increasing utilization of service. Staff discussed the Agreed Upon Procedures report and Compilation Report provided by the Contractor, associated with the annual audit requirement of the Agreement, which included a summary of revenues and expenditures by the Contractor in the first year of operation. Staff indicated that the difference in revenues and expenditures, of $136,360, appears to be a reasonable profit margin. Based on the reported information, the Board gave direction for staff to return to the Board with an amendment to the Agreement to: 1) extend the service for an additional two year term, 2) reinstate a per -unit cost, 3) increase the monthly quota. to 1500 pumpouts per month, and 4) require an annual audit of the Statement of Revenues and Expenses associated with the contract with Monroe County. The Board also indicated a concern for providing the pumpout service for free indefinitely. The Board directed staff to start thinking about establishing a fee structure for service in the future, subsequent to expiration of the two year extension of service. If a fee structure were to be instituted earlier a contract amendment will be required. At the December 10, 2014 BOCC meeting the Board approved Amendment No.3 (attached) to the Agreement which extended the pumpout service through January 31, 2015 to coincide with the expiration of the current DEP Clean Vessel Act (CVA) grant agreement with the Contractor, and to allow time for the CVA Program to determine what grant funding level would be awarded to the Contractor in the next grant cycle to ensure sufficient funding of the program for the next two years. In late December 2014 CVA staff recognized unused funds previously awarded to the Contractor, and amended its contract with Pumpout USA to continue service for an additional two months through March 2015, while continuing to coordinate on the next two years of funding. In coordination with CVA and the Contractor, the Board approved Amendment No.4 to the Agreement (attached) at the January 21, 2015 BOCC meeting, extending the Agreement through March 31, 2015, and providing for additional time for the Contractor to seek additional funding sources to ensure sufficient funding of the program for the next two years. The funding award provided to the Contractor by CVA for the upcoming year of service is currently $214,000 (reduced from $437,000 in 2014). The following table indicates the funding level breakdown for the last year of service and scenarios for the upcoming year based on the monthly quota. County Funding: $330,000 2014 CVA Award: $437,000 Total: $767,000 County Funding: $330,000 (with quota of 1300 pumpouts per month) CVA Award:.l 214 000 (current CVA funding award) Total: $544,000 (without any increase in CVA award or other funding sources) 2015 County Funding: $379,800 (with quota of 1500 pumpouts per month) CVA Award: $214,000 (current CVA funding award) Total: $593,800 (without any increase in CVA award or other funding sources) $379,800 - $330,00 = $49,800 to be funded by BIF Reserves If the Board approves an increase in the quota to 1500 pumpouts per month (currently being performed by the Contractor), that represents an approximately $50,000 increase in the cost to the County for the service annually. For budgeting purposes the Office of Management and Budget (OMB) has recommended the $50,000 be taken from BIF Reserves (157-85546) and transferred to State BIF (157-62613) in order to account for the increase. BIF Reserves as of February 25, 2015, are $154,785. Using $50,000 of that leaves $104,785 which may be needed for derelict vessel removals. OMB has provided a resolution for that transfer on the March 18, 2015 Board agenda. The Contractor is continuing to seek additional funding sources to supplement funding being provided by the County and awarded by CVA. In the meantime, the Contractor has indicated its willingness to continue service (see attached letter from Pumpout USA). Staff has provided Amendment No.5 to the Agreement for Board approval extending the pumpout service for an additional two year period, establishing a rate of $21.10 per pumpout, establishing a not to exceed annual cost of $379,800 based on an increased quota of 1500 pumpouts per month, and requiring an annual audit of the Statement of Revenues and Expenses associated with the contract with Monroe County. PREVIOUS RELEVANT BOCC ACTION: December 2012- Approval of Agreement with Pumpout USA March 2013- Approval of Amendment No. 1 to the Agreement with Pumpout USA July 2013- Approval of Amendment No. 2 to the Agreement with Pumpout USA September 2014- Direction to amend the Agreement extending service for two additional years November 2014- Direction to send a letter to CVA requesting sufficient funding to the Contractor December 2014- Approval of Amendment No. 3 to the Agreement with Pumpout USA January 2015- Approval of Amendment No.4 to the Agreement with Pumpout USA CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval of Amendment No.5 TOTAL COST: $759,600 INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: $759,600 SOURCE OF FUNDS: 157- 62613 and 157-85546 REVENUE PRODUCING: Yes _ No X AMOUNT PER MONTH n/a Year $379,800 APPROVED BY: County Atty XOMB/Purchasing Risk Management X r177, DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Pumpout USA, Inc. Contract # Effective Date: 3/18/2015 Expiration Date: Term: 4/1/15-3/31/17 Contract Purpose/Description: Approval of Amendment No. 5 to Agreement between Monroe County and Pum out USA Inc. for Ke s-Wide Mobile Vessel Pum out Service to: 1 renew the A Bement for one additional two year period commencing April 1, 2015, 2) establish a rate of $21.10 per pumpout, 3) provide for a not -to -exceed annual cost of $379,800 based on 1500 pumpouts per month, and 4) require an annual audit of the Statement of Revenues and Expenses associated with the contract with Monroe County. Contract Manager: Richard Jones 2805 Growth Management/11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 3/18/2015 Agenda Deadline: 3/3/2015 CONTRACT COSTS Total Dollar Value of Contract: $ 759,600 Current Year Portion: $ $379,800 Budgeted? Yes® No ❑ Account Codes: 157-62613-530340-and 85546-590990 Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitori CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes❑ No❑ k � .Wluk Risk Management N' ,��.�� es❑ No ��o O.M.B./Purchasing Yes[:] No[Z CDC - °'/7 41 County Attorney Yes[:] No B Form Revised 2/27/01 MCP 42 AMENDMENT NO.5 TO AGREEMENT BETWEEN PUMPOUT USA, INC. AND MONROE COUNTY, FLORIDA for KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE 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 Pumpout USA, Inc., a for profit corporation of the State of Florida (hereinafter "Contractor"). WITNESSETH: WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys -wide mobile vessel pumpout service for two years, including a quota of 1300 pumpouts per month at a cost of $21.81 per pumpout in the first year; and WHEREAS, Amendment No. 1 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: 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. II. EFFECTIVE DATE AND TERM 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 DEP. 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 DEP. 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. III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. Contractor shall not charge customers of the pumpout service for its services. The County, in consideration of the Contractor satisfactorily performing and carrying out the objectives of the County as to providing mobile pumpout service, shall pay to the Contractor up to the sum of Three Hundred 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 II. 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. IV. PAYMENT: 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 request/s 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 III. 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. VI. CONTRACTOR'S LICENSE: 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 3 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. VII. INDEPENDENT CONTRACTOR: 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. VIII. STAFFING: 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. IX. UTILITIES: 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. X. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. XI. INDEMNIFICATION REQUIREMENTS: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the 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 4 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. XII. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the use of any County facilities (e.g. dockage), equipment or infrastructure that may be provided for use in conjunction with the Keys -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. XIII. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy himself that such facilities and/or equipment are suitable for this work and he assumes 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. XIV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: 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. XV. NON-DISCRIMINATION: 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 5 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. XVI. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: 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. `W 41" 19:1 01'W113 The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XVIII. BREACH OF TERMS BY CONTRACTOR: 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 2 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. XIX. TERMINATION WITHOUT CAUSE: 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. XX. TERMINATION WITH CAUSE: 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. XXII. COMPLIANCE WITH LAW: In providing all services pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such 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 immediately 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. XXIII. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect 112.311, 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. XXIV. FINANCIAL RESPONSIBILITY: 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. XXV. NOTICE REQUIREMENT: 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: FOR COUNTY: Monroe County Administrator 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR: and Growth Management Director and Donnie Brown, Pumpout USA 1150 Highway 83 North DeFuniak Springs, Florida 32433 XXVI. TAXES: 2798 Overseas Hwy. Marathon, FL 33050 County Attorney 1111 12'' 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. XXVII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES 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 8 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. XXVIII. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a 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: $35,000.00). 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. XXX. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent 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. XXXI. ATTORNEY'S FEES AND COSTS 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. 9 XXXII. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. XXXIII. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. XXXIV. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. XXXV. NO SOLICITATION/PAYMENT 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. XXXVI. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not 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. XXXVII. NON -RELIANCE BY NON-PARTIES 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, 10 inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. XXXVIII. NO PERSONAL LIABILITY 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. XXXIX. EXECUTION IN COUNTERPARTS 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. XL. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. XLI. INSURANCE POLICIES 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. 11 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: • Certificate of Insurance or 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 CONTRACTOR'S 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) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the following insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Insurance Requirement Required 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.A. 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. Monroe County and its Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability $1 Million Combined Single Limit (CSL) Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with 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: $1 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. XLII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. Remainder of Page Intentionally Left Blank 14 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. (SEAL) Attest: AMY HEAVILIN, CLERK Deputy Clerk MONROE COUNTY ATTORNEY APP VED AS TO FORM PETER MORRIS ASSISTANT COUN ATTORNEY Date: By. �... WITNESS Print name: WITNESS Print name: STATE OF COUNTY OF BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman PUMPOUT USA, INC. Print name and title: On this day of 201®, before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Agreement for the purposes therein contained. Notary Public Print Name My commission expires: Seal 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 'f2 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. MVXXX, Attachment H, Page 1 of 3 6�. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - 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 funds 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 amended (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. l 1. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12, Compliance with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No. MVXXX, Attachment H, Page 2 of 3 1.3. 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. 1.4. 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 1968 (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 105-85, 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. lOa-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 PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MVXXX, Attachment H, Page 3 of 3 ATTACHMENT I REGULATIONS 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 apply to the work performed under this Agreement. 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 agree ents to state and local governments 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 on lobbying 43 C.F.R. 43 Government wide requirements for drug -free workplace Other Federal Regulations 2 C.F.R. 1400 Suspension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures 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 Cost Principles for Non -Profit Organizations A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No, MVXXX, Attachment I, Page 1 of I EXHIBIT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of unincorporated Monroe County within the Florida 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 (lat/long), registration number and state, size and type of the vessel, the name of the vessel, and a point of contact for the vessel. The registration form must be signed by the vessel owner and/or captain and 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. Section B: Deliverables 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. Quarterlyports 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. Invoicina 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. AttarhmPnt 1 to Fxhihit A W V a E a as 0 I 19 W Y/ wew+ L Q C Qcc W m a.o�o Avg o 0 F o" Lo; Attachment 2 to Exhibit A 1 2 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 rn --3 w � � h ORDINANCE NO. 036 - 2012 c� AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AMENDING CHAPTER 26 OF THE MONROE COUNTY CODE (WATERWAYS) TO PROVIDE FOR °ARTICLE V ANCHORING AND MOORING RESTRICTED AREAS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF INCONSISTENT PROVISIONS; PROVIDING FOR FILING AND AN EFFECTIVE DATE; PROVIDNG FOR CODIFICATION; PROVIDING FOR AN EXPIRATION DATE. WHEREAS, in 1992 the Monroe County Department of Marine Resources prepared The Boating Impacts Management Plan Final Report which documented liveaboard vessel impacts associated with unmanaged anchorages throughout the Keys; and WHEREAS, in 2002 the Monroe County Department of Marine Resources prepared a Keys -Wide Mooring Field System Preliminary Planning Document which included an evaluation of anchorages throughout the Keys including Boca Chica Harbor, Cow Key Channel, and Key West Harbor (i.e. Wisteria Island/Fleming Key area) and recognized the need to address negative boating impacts associated with those unmanaged anchorages; and WHEREAS, in 2008 the Monroe County Marine Resources Office prepared the Development of a Boating Management Plan for the Boca Chica Harbor Area which evaluated a variety of boating impacts in that anchorage area and provided options for managing anchoring activity, but recognized the lack of authority (at that time) provided to the County to regulate vessels other than liveaboard vessels; and WHEREAS, in 2009 the Florida Legislature directed the Florida Fish & Wildlife Conservation Commission (FWC), in consultation with the Florida Department of Environmental Protection, to establish a Pilot Program to explore potential options for regulating the anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public mooring fields (327.4105 F.S.); and 47 WHEREAS, the goals of the Pilot Program are to encourage the establishment of 48 additional public mooring fields and to develop and test policies and regulatory regimes 49 that: promote the establishment and use of mooring fields, promote public access to 50 waters of the state, enhance navigational safety, protect maritime infrastructure, protect 51 marine environment, and deter improperly stored, abandoned or derelict vessels; and 52 53 WHEREAS, in November 2009 Monroe County sent a Letter of Interest to FWC to 54 participate in the Pilot Program in partnership with the Cities of Marathon and Key West, 55 each of which operate public mooring fields; and 56 57 WHEREAS, the Monroe County Board of County Commissioners entered into Inter- 58 local Agreements with the Cities of Marathon and Key West on February 17, 2010 59 providing for coordinated partnerships in the FWC Pilot Program; and 60 61 WHEREAS, the Monroe County Marine Resources Office retained consultants to 62 complete vessel surveys inside and outside of public mooring fields at Key West and 63 Marathon and in the anchorage at Boca Chica basin, and conducted stakeholder 64 workshops to take public input on anchoring and mooring issues and potential regulatory 65 regimes, in accordance with the criteria of the FWC Pilot Program; and 66 67 WHEREAS, FWC staff evaluated Monroe County's vessel surveys, considered public 68 input provided at stakeholder workshops, and provided a recommendation to the FWC to 69 approve Monroe County for participation in the Pilot Program; and 70 71 WHEREAS, at its February 2011 meeting the FWC approved Monroe County as one of 72 five local governments in the state to participate in the Pilot Program, including St. 73 Petersburg, Sarasota, St. Augustine and Martin County; and 74 75 WHEREAS, the Monroe County Marine and Port Advisory Committee and the Monroe 76 County Board of County Commissioners held numerous public meetings from 2009 to 77 the present to discuss, and take public input on FWC Pilot Program objectives, anchoring 78 impacts in unmanaged Keys anchorages, and viable solutions to address those anchoring 79 impacts; and 80 81 WHEREAS, the Monroe County Board of County Commissioners provided direction at 82 its September 21, 2011 meeting for staff to draft an anchoring ordinance to provide for 83 managed anchoring zones with accompanying regulations, and to coordinate with the 84 Cities of Marathon and Key West for the inclusion of ordinance language providing for 85 anchoring regulations in association with their respective mooring fields; and 86 87 WHEREAS, at the September 21, 2011 Monroe County Board of County 88 Commissioners meeting the Board received a request from a representative of Wisteria 89 Island to have Key West harbor included as a managed anchoring zone, and the Board 90 approved the inclusion of that area as a managed anchoring zone; and 91 0 92 WHEREAS, the Monroe County Board of County Commissioners provided additional 93 direction at its January 19, 2012 meeting for the anchoring ordinance to provide for four 94 managed anchoring zones, and revised the regulations for development to be applied 95 within those zones; and 96 97 WHEREAS, the Monroe County Board of County Commissioners at its April 18, 2012 98 meeting accepted a request by the City of Marathon to include the greater Boot Key 99 Harbor area as a fifth managed anchoring zone, heard concerns from the Navy, and 100 directed stab to include a prohibition on vessels within managed anchoring zones that 101 exhibit conditions known to precede a derelict vessel condition, eliminate floating 102 structures language and eliminate USCG Auxiliary Vessel Safety Check language 103 pending a recommendation from the USCG; and 104 105 WHEREAS, the Monroe County Board of County Commissioners at its May 16, 2012 106 meeting accepted a request by Naval Air Station Key West to make areas of Boca Chica 107 basin, encompassed by the Navy Accident Potential Zone and baybottom, a no anchoring 108 zone to ensure the safety and security of the public; and 109 110 WHEREAS, the Monroe County Board of County Commissioners has indicated that the 111 anchoring ordinance should not be over -reaching and not overburden transient boaters; 112 and 113 114 WHEREAS, it is the intention of the Monroe County Board of County Commissioners to 115 optimize the incentive for vessel owners, who contribute to Boating Improvement Funds 116 through vessel registration fees and contribute to DEP Clean Vessel Act Program funds 117 through marine fuel taxes, to properly pumpout and comply with existing sewage 118 discharge regulations within the federal No Discharge Zone in the Keys, by providing 119 free pumpout service to vessels located in managed anchoring zones and which are 120 served by the County pumpout program; and 121 122 WHEREAS, Monroe County staff is negotiating a contract with the National Marine 123 Waste Foundation to provide free pumpout service to vessels anchored in unincorporated 124 areas of the Florida Keys and to provide for a registration process, with accompanying 125 participation stickers or tags to be displayed on vessels indicating proof of regular 126 pumpouts; and 127 128 WHEREAS, because the anchoring ordinance is a test program the Monroe County 129 Board of County Commissioners desires that vessel owners be provided warnings by 130 enforcement officers prior to the issuance of citations, to allow every opportunity for the 131 vessel owner to comply with the described regulations; and 132 133 WHEREAS, the anchoring ordinance shall provide for the regulation of both liveaboard 134 and non-liveaboard vessels; and 135 136 WHEREAS, the Monroe County Board of County Commissioners encourages FWC to 137 fully implement the agency's At Risk Program in designated managed anchoring zones as 3 138 a tool to identify vessels which exhibit conditions known to precede a derelict vessel 139 condition; and 140 141 WHEREAS, the regulations established in the anchoring ordinance are consistent with 142 the municipal codes of the City of Marathon and the City of Key West; and 143 144 WHEREAS, the Monroe County Board of County Commissioners will transmit the 145 approved anchoring ordinance to FWC for consideration and approval prior to adoption 146 of the ordinance by the Board of County Commissioners; 147 148 149 150 NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD 151 OF COUNTY COMMISSIONERS: 152 153 Section 1. Chapter 26 of the Monroe County Code is amended as follows: 154 155 Chapter 26 156 WATERWAYS 157 158 ARTICLE V 159 ANCHORING AND MOORING RESTRICTED AREAS 160 161 Sec. 26-100. Purpose. It is the purpose of this section of this Code to provide for 162 anchoring and mooring restricted areas where unmanaged anchoring and/or mooring and 163 associated environmental and navigational impacts exist. These areas and restrictions are 164 created in accordance with F.S. § 327.4105, and by approval of the Florida Fish and 165 Wildlife Conservation Commission which has been directed by the Florida State 166 Legislature to establish a Pilot Program to explore potential options for regulating the 167 anchoring or mooring of non-liveaboard vessels outside the marked boundaries of public 168 mooring fields. These restrictions are deemed to be necessary to protect the public 169 health, safety and welfare. These restrictions also include the regulation of liveaboard 170 vessels and floating structures, as provided for in F.S. § 327.60(3). 171 172 Sec.26-101. Definitions. 173 174 Proof of pumpout means an acceptable form of proof that a vessel has had its vessel 175 sewage legally pumped out, or disposed of (in the case of a Porta-Potti or other portable 176 toilet). Acceptable forms of proof include a pumpout registration sticker or tag issued by 177 the City of Key West, City of Marathon or Monroe County pumpout programs indicating 178 that the vessel receives routine pumpouts, or a pumpout receipt from a pumpout facility 179 (including portable toilet dump stations) or pumpout vessel within the past ten (10) days. 180 181 Derelict Vessel means any vessel, as defined in F.S. § 327.02, that is left, stored, or 182 abandoned: 183 (a) In a wrecked, junked, or substantially dismantled condition upon any public 184 waters of this state. 4 185 (b) At any port in this state without the consent of the agency having jurisdiction 186 thereof. 187 (c) Docked or grounded at or beached upon the property of another without the 188 consent of the owner of the property 189 190 Sec. 26-102. Anchoring and Mooring Restricted Areas. 191 192 (a) Managed Anchoring Zones. Managed Anchoring Zones are established for the 193 purpose of protecting the marine environment, enhancing navigational safety, and 194 deterring improperly stored, abandoned, or derelict vessels. Managed Anchoring 195 Zones are created as a tool to regulate anchoring activity. in currently unmanaged 196 anchorages. 197 198 (1) Managed Anchoring Zones shall be established in the following described 199 geographic areas. Maps delineating the Managed Anchoring Zones are 200 attached hereto as Attachment A, and are incorporated herein by reference and 201 will be made available in the Marine Resources Office. 202 203 a. Boca Chica Basin: To include the body of water occurring between Stock 204 Island and Boca Chica Key (excluding the Navy Accident Potential Zone 205 (APZ), restricted areas, and bay bottom) south of U.S. Highway 1, west of 206 the western edge of the arc of the NAS Key West Accident Potential Zone 207 (APZ), west of aline intersecting the APZ at 24° 34.10' N 81° 43.35' W 208 and running south to 24° 33.63' N 81* 43.35' W, south of a line running 209 east -west from 24° 33.63' N 81 ° 43.35' W to 24° 33.63' N 81 ° 43.15' W, 210 west of the western edge of Boca Chica Channel running southwest from 211 240 33.63' N 810 43.15' W to 240 33.45' N 81 ° 43.24' W, north of latitude 212 24° 33.45' N (approximately at the location of Boca Chica Channel 213 marker 7), east of a line running north-northwest from 24° 33.45' N 81* 214 43.38' W to 24° 33.82' N 81° 43.46' W and continuing along the Stock 215 Island shoreline. 216 b. Key West Harbor: To include the body of water occurring west of 217 Fleming Key and Key West (excluding Navy restricted areas), south of a 218 line running east -west at latitude 24 ° 35.19' N, east of a line running from 219 the northwest tip of Pearl Bank to the north side of Tank Island (Sunset 220 Key), and north of a line running east -west at latitude 24° 33.84' N. 221 c. Cow Key Channel: To include the body of water occurring between Key 222 West and Stock Island, south of U.S. Highway 1, and north of a line 223 running east -west at latitude 24° 33.44' N (approximately at the location 224 of Cow Key Channel marker 5). 225 d. Boot Key Harbor: To include the area of Boot Key Harbor (excluding the 226 permitted public mooring field and No -Anchoring Buffer Zone) occurring 227 south of the Vaca Key shoreline, east of Boot Key Harbor main channel 228 entrance marker 7 located at position 24° 42.13' N 81 ° 06.84' W, north of 229 the Boot Key shoreline, and west of the far eastern side of Boot Key 230 Harbor at position 24° 42.54' N 81° 04.99' W, and including the entirety 231 of Sisters Creek south to marker 4 at the entrance of Sisters Creek, and 5 232 including the area occurring from Sisters Creek marker 4 at position 24° 233 41.35' N 81° 05.26' W running east to the shoreline of Vaca Key at 234 position 24° 41.43' N 81° 04.93' W and running north along the shoreline 235 of Vaca Key and continuing to the west along the shoreline of Sombrero 236 Beach. 237 238 (2) The following regulations shall apply within Managed Anchoring Zones: 240 a. Prohibition of vessels exhibiting pre -derelict vessel conditions. Vessels 241 determined to exhibit conditions known to precede a derelict vessel 242 condition are prohibited, including: 243 1) Vessel is not able to be used for navigation. 244 2) Vessel is listing. 245 3) Vessel is aground. 246 4) Vessel is in danger of breaking its mooring. 247 5) Vessel is sinking. 248 6) Vessel is dragging anchor. 249 7) Vessel has broken its mooring and has been secured for the protection 250 of the health, safety and welfare of the citizens. 251 b. Prohibition of derelict vessels. Vessels determined to be derelict in 252 accordance with F.S. § 823.11 are prohibited. 253 c. Proof of pumpout required. Vessels anchored or moored for more than ten 254 (10) consecutive days, and which are required to have a marine sanitation 255 device in accordance with F.S. § 327.53, must provide proof of pumpout. 256 Vessel owners may utilize a pumpout service which may be provided by 257 the City of Key West, City of Marathon, Monroe County pumpout 258 programs, or other authorized vessel pumpout facility or vendor. The 259 municipal and County pumpout services are structured to provide ongoing 260 pumpouts for vessels located within managed anchoring zones, and may 261 provide a registration process by which vessel owners sign up for regular 262 pumpouts at a frequency based on anticipated need, with a minimum of 263 one pumpout per month. A monthly, color coded, registration sticker or 264 tag may be provided which vessel owners may display on their vessel, 265 indicating participation in the municipal or County pumpout program, and 266 which will be considered proof of pumpout. The municipal and/or County 267 pumpout programs shall maintain registration documentation and pumpout 268 logs throughout the duration of the Pilot Program, which shall be available 269 for review by any law enforcement officer. if a vessel owner utilizes 270 another vessel pumpout provider the vessel owner is required to maintain 271 documentation and pumpout togs to demonstrate use of pumpout to FWC, 272 MCSO or other law enforcement officers. 273 274 (b) No Anchoring Buyer Zones. No -Anchoring Buffer Zones are established outside 275 of, and immediately adjacent to, permitted public mooring fields for the purpose 276 of protecting maritime infrastructure, enhancing navigational safety and 2777 promoting public access and the use of public mooring fields. 28 279 (1) No -Anchoring Buffer Zones shall be established in the following described 280 geographic areas. Maps delineating the No Anchoring Zones are attached 281 hereto as Attachment B, and are incorporated herein by reference and will be 282 made available in the Marine Resources Office. 283 284 a. Boot Key Harbor: To include a fifty foot (50') wide area immediately 285 adjacent to, and outside of; the perimeter of the east and west mooring 286 fields and the leased anchoring area. 287 b. Seaplane Basin: To include the area of Garrison Bight known as the 288 Seaplane Basin occurring north of the Key West shoreline, east of the 289 Fleming Key shoreline, south of a line running east -west 50' north of the 290 Garrison Bight mooring field boundary markers C and D, and west of 291 Sigsbee Park. 292 c. Boca Chica Basin: To include the body of water occurring between Stock 293 Island and Boca Chica Key (excluding Navy restricted areas) south of 294 U.S. Highway 1, east of the western edge of the arc of the NAS Key West 295 APZ, east of a line intersecting the Navy APZ at 24° 34.10' N 81' 43.35' 296 W and running south to 24° 33.63' N 81 ° 43.35' W, north of a line 297 running east -west from 24° 33.63' N 81' 43.35' W to 24° 33.63' N 810 298 43.15' W, and west of the western edge of Boca Chica Channel and the 299 Navy restricted area (which includes Boca Chica Channel and the Navy 300 mooring field basin). 302 303 (2) The following regulations shall apply within No -Anchoring Buffer Zones: .3 No anchoring or mooring of any kind (vessels or floating structures) except 305 for vessels mooring within established permitted public mooring fields by 306 permission of the mooring field owner or manager, vessels within a leased 307 anchoring area associated with a mooring field, commercial vessels (e.g. 308 barges) engaged in marine related work, military operations, vessels anchored 309 for the purpose of fishing or other recreational activities (but not overnight), 310 or in the case of an emergency (e.g. weather, mechanical, medical) causing the 311 need for a vessel to temporarily anchor. 312 313 Sec. 26-103. Enforcement. Regulations described in this Article may be enforced by law 314 enforcement officers of the City of Marathon or City of Key West (within their areas of 315 jurisdiction), Monroe County, or FWC or any other law enforcement officer. 316 317 Sec.26-104. Penalties. 318 319 (a) Any person cited for a violation of this article shall be charged with a noncriminal 320 infraction. A written warning shall be issued to provide the vessel owner 30 days 321 for corrective action or removal of the vessel. If corrective action or removal is 322 not accomplished, a Uniform Boating Citation may be issued for violations of this 323 ordinance pursuant to F.S. § 327.74 by any law enforcement agency authorized to 324 issue such citations. Vessel owners will be provided thirty (30) days between 325 issuance of citations. Fines associated with citations are established as follows: 7 326 (1) First offense- $50 327 (2) Second offense- $100 328 (3) Third offense- $250 329 (4) Fourth or subsequent offenses- $250 and FWC will request that the owner 330 remove the vessel from the Managed Anchoring Zone or No -Anchoring 331 Buffer Zone 332 333 (b) Any person who fails to properly respond to a Uniform Boating Citation issued 334 for a violation of this article shall, in addition to the charge relating to the 335 violation of the boating laws of this County, be charged with the offense of failing 336 to respond to such citation and upon conviction be guilty of a misdemeanor of the 337 second degree punishable as provided in F.S. § 775.082 and F.S. § 775.083. 338 339 (c) If a law enforcement officer determines that a vessel is derelict, the violation shall 340 be processed in accordance with F.S. § 823.11 341 342 (d) Allowance shall be provided for vessels in need of safe harbor due to severe 343 weather conditions or temporary mechanical issues which may otherwise prohibit 344 a vessel from safely departing a managed anchoring zone. 345 346 Sec. 26-105. Exemptions. The following exemptions are provided: Ili 349 (a) Vessels equipped with only incinerating or composting toilets are not required to 350 provide proof of pumpout, as those types of toilets are not designed to be pumped 351 out. However, effluent from those toilets is not allowed to be disposed of in the 352 waters of the No Discharge Zone within the Florida Keys. 353 354 (b) Stored vessels are not required to provide proof of pumpout. 355 356 Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or 357 provision of this ordinance shall be adjudged by any court of competent jurisdiction to be 358 invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this 359 ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, 360 clause, sentence, or provision immediately involved in the controversy in which such 361 judgment or decree shall be rendered. 362 363 Section I Repeal of Inconsistent Provisions. All ordinances or parts of ordinance in 364 conflict with this ordinance are hereby repealed to the extent of said conflict. The repeal 365 of an ordinance herein shall not repeal the repealing clause of such ordinance or revive 366 any ordinance which has been repealed thereby. 367 368 Section 4. Filing and Effective Date. This ordinance shall be filed in the Office of 369 the Secretary of the State of Florida and shall become effective as provided by law. 370 371 Section S. Codification. The provisions of this ordinance shall be included and 372 incorporated into the Code of Ordinances of Monroe County, Florida and shall be 373 numbered to conform with the uniform numbering system of the Code. 374 373 Section 6. Expiration Date. The FWC Pilot Program is scheduled to expire on July 376 1, 2014, unless extended by the Florida State Legislature. This ordinance shall expire or 377 be extended concurrently with the FWC Pilot Program. 378 379 380 381 382 383 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 384 Florida at a regular meeting held on the 17th day of October, 2012. 383 386 Mayor David Rice Yes 387 Mayorpro tem Kim Wigington Yes 389 Commissioner George Neugent Yen 389 Commissioner Heather Carruthers Yes 390 Commissioner Sylvia Murphy yes 391 392 393 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 394 395 Attest: DANNY L. KOLHAGE, CLERK 396 397 ByC • rs'w" Q'rt'i/� By 398 Deputy Clerk May avid Rice IAONROE COUNTY ATTORNEY APPROVED A9 TO FORM: SL{OAN M. GRWLEY ASSISTANT COUNTY ATTO�R.NNEY� u .. ..�-4f-� IA — STATE OF FLORIDA COUNTY OF MONROE T'Sis Copy is a'true C,)ny of the Orizinni on File: in, his Office. Witness aiy hand and OffEc al Seal. h This ay of A.D., 20 ! d, DANN'i L, i 'ILHAGE lk G}rcnap�o�}r ; BY Boca Chica Harbor Attachment A- Maps of Managed Anchoring Zones Attachment A- p.1 Key West Harbor Attachment A- p.2 Boot Key Harbor Attachment A- p.4 Boot Key Harbor Attachment B- Maps of No Anchoring Buffer Zones Attachment B- p.I Key West Mooring Field/Seaplane Basin Attachment B- p.2 70 �, �-.t� Dl` �'"��L.CJ�A CERTIFICATE OF LIABILITY INSURANCE DATE IYYYY) 110/29/2014 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 CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED 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 Acentric, Inc. 4091 Colonial Blvd. #100 Fort Myers FL 33966 CONTACT NAME: PHONE . 239-939-1010 FAX 239-939-7172 E-MAIL . certificates@timshaw.com INSURERS AFFORDING COVERAGE NAIC 0 INSURER A :AmTrust North America INSURED PUMPOUT-01 INSURER B : INSURER C : Pump Out USA 1150 Hwy 83 North De Funiak Springs FL 32433 INSURERD: INSURER E INSURER F : r`f%VFRAr:FC rFRTIFIrATF MI IMRFR• 1924389503 RFVISInN NUMBER! THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DDIYYYY LIMITS COMMERCIAL GENERAL LIABILITY .......i. CLAIMS -MADE OCCUR AGGREGATE LIMIT APPLIES PER, POLICY PR E 4 LOC OTHER: EACH OCCURRENCE $ DAMAGE O RENTED PREMISES Ea occurrence)$ MED EXP (Any one person) $ PERSONAL& ADV INJURY $ GEN'L GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS(Per HIRED AUTOS NON -OWNED AUTOS Ea accident)$ BODILY INJURY (Per person) $ BODILY INJURY accident) $ PROPERTY DAMAGE Per accident $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIEfOR/PARTNER/EXECUTIva YIN OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA Y WWC3109427 10/12/2014 10/12/2015 X STATUTE ER E.L. EACH ACCIDENT _ $1,000,000 E1, DISEASE - EA EMPLOYEE $1,000,000 E.L, DISEASE - POLICY LIMIT $1.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached It more space Is required) Owners/Officers Excluded from Workers Compensation Benefits: Vernie Brown 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 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Underline Stf-;',o +hf , Version of Amended Agreement and Scope of Services For Review Purposes AMENDMENT NO.5 TO AGREEMENT BETWEEN PUMPOUT USA, INC. AND MONROE COUNTY, FLORIDA for KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE 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 Pumpout USA, Inc., a for profit corporation of the State of Florida (hereinafter "Contractor"). WITNESSETH: WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys -wide mobile vessel pumpout service for two years, including a quota of 1300 pumpouts per month at a cost of $21.81 per pumpout in the first year; and WHEREAS, Amendment No. 1 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 fnafime 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. II. EFFECTIVE DATE AND TERM This Agfeemtm Annendmen � ended Aix ent shall be effective on the date above. The ter. r. gd Me of the A_end ent shall be for a years, cos A �il 1.,-2015 and endip o�n 20177. e of -,,, ,,,,,� ,,, ,,,beer , o ractff will Dowever the Amendment i cantin ent uu®n sufficient t fundnn� to tie ... ................ �d Cgi tractor by he DEP Clean; Vessel Act VAJ: . ro pa �� Wither sources° ......°ev c .. waf �... Pa 4ha..... �.... y... y ..... �a u.,.�� , ��t rs ,,,,,fmy if,,,,,,a14 c�di 1� 3 f -de*daf,, `� fid No work shall commence under this arnende aAgreement until execution of a CVA grant agreement between Contractor d DEP. In the event the a CVA grant agreement with DEP is not executed effective A Iri 120 a gE,gf[ecany r 3Q�, 201 it n t ie term bj&inrnIlp ,I)ril l,, 2 151� this _ ; Diet __ 1 r� gay rpe°nt is void. The ....am ....... ended w Agreement is subject to continuous gLt funding by DEP ef4he--0V-A--gfam. If the CVA grant is cancelled or becomes unfunded this _ ended Agreement is also cancelled, unless the parties amend it in the same manner as it was originally approved. The term of this , ended agreement shall be renewable in accordance with Section V. The Contractor shall �® ply �t �� rowisions of Attachments 11 and L consistent �� r�p�Menls of t CVA fro � µ III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. Contractor shall not charge customers of the pumpout service for its services. The County, in consideration of the Contractor satisfactorily performing and carrying out the objectives of the County as to providing mobile pumpout service, shall pay to the Contractor up to the sum of r &.; 100�D��:.° the hr ' , Twea�y-N„i .,.,,lwln n -Twt)I fity 100 1 a r r p nThree Hundred eygjt .. I qt e ThousandEight ....,. Hundred DOLLARS ` 379 Q er ear_p. County is not responsible for any payment or funding of this amended Agreement unless the CVA grant between DEP and Contractor is ti executed.and consonant with Section II° of this Amendment and sufficientl 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 __ vended Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. IV. PAYMENT: Payment will be made based on a per unit price of . 24 ,. • 21.10 (Twenty-one and 110/ 100 Dollars) per pumpout (based on a : �; „� ti ..300 a to ical a ()f pumpouts per month) on a quarterly basisas follows: (a) At the end of � it each quarter, Contractor shall provide an invoice acceptable to the Cleric a with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request/s for reimbursement submitted to DEP for the same aer t".... n .e....I eriod, and 3) description of additional services or activities provided (as described in the Scope of Services). Qq ®rl ayments Mj _not exceed 50 ik�a ed on „,_.. 00 pur q p w„ art 1 ry as eUl invoicin shall be based on a onthl� imurn of .._...—�,.,.,.,.— panto t as- ' a t d ...: ber-of I t' -e et-m In the event the Contractors or hest han_15 0 b outs m an g vco month, the difference shall not be ,y_....... ..._. .._.� _ . made q for v nth months h s n ug ter, car in other months in other c �,terso_ II.n the vent flee Contractor erfq s or _jh� gj 1 S00 pjjmfaoa��s,.m� �1��,,,.. v�� month, the "r�� ... ly shall not a for the additional ,gum ou so w4 ��,�r=i-ted��-�l�-P°-t-��,ie .3.,d��r1�n'`of-`��1-�'�.�.•' abed-i e Seope, -&f-, e b e4, ° f1 tl i f &Rever ° ............ pays ° t Tendefed R-Htthat ,2 4 e )mow.. i to _..q . 1 s �` -the—w-eand yt . .1 . in le a 1 rr1 , eat _ d ,b1 b e desefhed-�d�l_:.._-a.... p f� --ed t f t-e. tr 9 Travel and lodging are specifically excluded from payment .,...,.. e _gj d ices l �ra�y�d �l�.. e. iijdiyi ual a i�kou � and there ire no shall be made onl for s� reimbursable items. 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 BeaM.Couil examines and approves the request for payment, the County shall se ._make Raymqnt t -the Contractor. The total of said mffibur,6emew 11g ent in the aggregate sum shall not exceed the annual total amount shown inVwaffaph Section III °m Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (hey 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 this the Agreement after the original term, for two additional two-year periods. The term of this Amendment No 5 constitutes the first additional two- e p o . VI. CONTRACTOR'S LICENSE: 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 request. The Contractor has, and shall maintain throughout the term of this contract, appropriate .l licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. VII. INDEPENDENT CONTRACTOR: 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. VIII. STAFFING: 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. IX. UTILITIES: 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. X. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. XI. INDEMNIFICATION REQUIREMENTS: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the 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 omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than 5 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. 1*1 ,. ase—of-dea -soii i4eth° -o V�1 tl tact , h m mat r� st °tom, w"ial-f ; :efds-peA° °Wing-t 1 Fepf ewntativesy-a"ie, -fiwl4ef ,in„ . r _'0 �� i " 1�� ply-ew t e I g n met ntracta rtccep,an�M tir"that tt: 11. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the use of any County facilities (e.g. dockage), equipment or infrastructure that may be provided for use in conjunction with the Keys -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 &ue4i shall be the responsibility of the Contractor. he CcTKslipfor �a Nelson Dover enCenter i.....1 ��ayIl fir. �o o 111. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy himself that such facilities and/or equipment are suitable for this work and he assumes 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. R IV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: 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. NON-DISCRIMINATION: 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 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. XVTh XV1. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: 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,,- .. a °which shall conform to generally accepted auditing standards, 9f tthe State ena of &1gnues M h set associated with the contract with Monrpe County, and which shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. 7 The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels at any reasonable time. 1 X"1.1. PUBLIC RECORDS: The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. X III. BREACH OF TERMS BY CONTRACTOR: 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 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. " XIX. TERMINATION WITHOUT CAUSE: 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. TERMINATION WITH CAUSE: 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. X-X-11- X1. 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. :-1[11..,. XXII. COMPLIANCE WITH LAW: In providing all services pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such 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 immediately 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. :' XI-V, XXII.I. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. C. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. X,XV, IY, FINANCIAL RESPONSIBILITY: 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. XXV. NOTICE REQUIREMENT: 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: FOR COUNTY: Monroe County Administrator and 1100 Simonton Street Key West, FL 33040 FOR CONTRACTOR: Donnie Brown Pum out USA Growth Management Director and County Attorney 2798 Overseas Hwy. I I 1112t' St., Suite 408 Marathon, FL 33050 Key West, FL 33041 E 1150 Highway 83 North DeFuniak Springs, Florida 32433 X -14. X.XV1, TAXES: 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. XI14, X V11. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES 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 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. XXI-X : XV1:1I. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a 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: $35,000.00). L 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. X X:XX SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this 10 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. X . : .- XXXI. ATTORNEY'S FEES AND COSTS 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. XXX444, XXXII, BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. XX-X4V7 XXXIII. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. „ VY. DIY,. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. `. h XXXV. NO SOLICITATION/PAYMENT 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. XV, X Yl, NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability 11 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. -X.-410 XXX "11. NON -RELIANCE BY NON-PARTIES 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, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. _ '. XX:X' "11;1. NO PERSONAL LIABILITY 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. X-L, X:. IX. EXECUTION IN COUNTERPARTS .............. _................... .._ 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. X14-. XL. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. X4F. XLIw INSURANCE POLICIES ................................ 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. 12 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. 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: Certificate of Insurance or • 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 CONTRACTOR'S 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) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR 13 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 Requirement Required 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 coverage for claims subject to the Federal Jones Act (46 U.S.C.A. 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. 14 Monroe County and its Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability $1 Million Combined Single Limit (CSL) Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with 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 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: $1 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. . X1,11. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. Remainder of Page Intentionally Left Blank 15 IN WITNESS WHEREOF the parties hereto have executed this Amendment No. to the ..,_...�,w.,.„ 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. (SEAL) Attest: AMY HEAVILIN, CLERK Deputy Clerk I0 WITNESS Print name: By: WITNESS Print name: STATE OF 141611ift1► GA BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Mayor/Chairman PUMPOUT USA, INC. In Print name and title: On this day of 201, before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Agreement for the purposes therein contained. Notary Public Print Name My commission expires: Seal LG EXHIBIT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of unincorporated Monroe County within the Florida Keys. The pumpout service is provided to reduce or eliminate environmental impacts associated with the illegal discharge of sewage from vessels, and further enable compliance with regulations of the federal No Discharge Zone and vessel restricted areas (i.e. Managed Anchoring Zones) in Monroe County. The following sections describe the Scope of Work and Deliverables for the provision of mobile vessel pumpout service. Section A: Scope of Work 1. Mobile Vessel Pumpout Service The Pumpout USA 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 (4 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. Staffinp, 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 Key -and his/her primary duties will include: • Coordinating pump -out schedules • Registering customers for service • Obtaining registrants' contact information and location for pump -out service • Contact point for FWC 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 (lat/long), registration number and state, size and type of the vessel, the name of the vessel, and a point of contact for the vessel. The registration form must be signed by the vessel owner and/or captain and 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. Section B: Deliverables 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 W • 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 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. 1 P""'A PumpOutLi }, 1150 Highway 83 North DeFuniak Springs, FL 32433 PH# (850) 892-0807 FAX4 (850) 892-0887 February 20, 2015 Mr. Jones, The purpose of this note is to assure you PumpOut USA plans to continue service to Monroe County. We have talked with many levels of state representatives and all conversations have been very positive. It appears that we may obtain the required funding through the state. PumpOut USA is proud of the service we are providing in Monroe County and appreciate the many positive comments, emails and letters we have received and assure you we will continue the program with adequate funding. Thank You and the BOCC, Captain Donnie Brown November 20, 2012 AGREEMENT for KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE beihveen MONROE COUNTY AND NATIONAL MARINE WASTE FOUNDATION, INC. THIS AGREEMENT (Agreement) is entered into this 124 day of f , 2012, by and between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida ("County" or "Board"), and Pumpout USA, Inc., a for profit corporation of the State of Florida ("Contractor"). WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with, and supportive of, the federal No Discharge Zone established by the Environmental Protection Agency and discharge regulations established by the Florida Keys National Marine Sanctuary; and WHEREAS, the County has created anchoring regulations, in coordination with the Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program, which include requiring vessel owners in managed anchoring zones to provide proof of sewage pumpout; and WHEREAS, it has been detennined that it is in the best interest of the residents of and visitors to the County that a contract for vessel pumpout services be entered into with a private provider of such services; and WHEREAS, Contractor desires to provide such services; and WHEREAS, the Contractor has applied for a Clean Vessel Act (CVA) Program grant through the Florida Department of Environmental Protection (DEP) and needs a portion of the funds from this Agreement as matching funds for the CVA grant; and WHEREAS, DEP, Contractor and County are coordinating activities to be performed by Contractor to assist with funding and invoicing and are anticipating a CVA grant agreement start date of January 1, 2013 which will commence the billable quarters; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. SCOPE OF SERVICES: Contractor shall be the exclusive provider of marine pumpout services for County in the unincorporated areas of the Florida Keys and shall also coordinate with County and FWC on sewage pumpout compliance within the managed anchoring zones established by the County. A detailed Scope of Services is attached as Exhibit A. II. EFFECTIVE DATE AND TERM This Agreement shall be effective on the date above. However, the term of the Agreement shall be for two years from the effective date of the term of the CVA grant agreement between Contractor and DEP. It is anticipated that this date will be January 1, 2013. In the event the conditions of the CVA grant are not completed and the grant awarded, County has no obligation to pay the first quarterly November 20, 2012 payment until such completion, and will make the first payment if all conditions are completed by February I, 2013 for the first quarter of the calendar year. County and Contractor may amend this date if necessary by separate amendment approved by the Board of County commissioners. In the event the grant agreement with DEP is not executed this Agreement is void. No work shall commence under this Agreement until execution of the CVA grant agreement. The Agreement is subject to continuous funding by DEP of the CVA grant. If the CVA grant is cancelled or becomes unfunded this Agreement is also cancelled, unless the parties amend it in the same manner as it was originally approved. The term of this agreement shall be renewable in accordance with Section V. III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. Contractor shall not charge customers of the pumpout service for its services The County, in consideration of the Contractor satisfactorily performing and carrying out the objectives of the County as to providing mobile pumpout service, shall pay to the Contractor up to the sum of Three Hundred Forty Thousand Two Hundred and 85/100 DOLLARS ($340,200.85) in the first year and Three Hundred Twenty -Nine Thousand Two Hundred Twenty Three and 12/100 DOLLARS ($329,223.35) in the second year. County is not responsible for any payment or funding of this Agreement unless the CVA grant between DEP and Contractor is executed and funded. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of 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 Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. IV. PAYMENT: Payment will be made based on a unit price of $21.81 (Twenty-one and 81/100 Dollars) per pumpout (based on an estimated 1300 pumpouts per month) on a quarterly basis using the same schedule and quarterly dates used by DEP as follows: (a) To provide for start-up expenses, the first payment (of the first year) will be made at the beginning of the first quarter in advance in the amount of $98,267.11. At the end of the first quarter, Contractor shall provide a report with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts perfonned and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, and 3) description of additional services or activities provided (as described in the Scope of Services). In the event the reported number of pumpouts and the associated cost for the number of the pumpouts performed is less than what was provided for in the pre -paid quarterly amount, the overage advanced for that quarterly amount will roll over into the next quarter as a credit to the County's next payment. (b) The second and following quarterly payments of the first year, in the amount of $80,644.58, will be made after services are rendered for that quarter and invoiced. Contractor shall provide an invoice acceptable to the Clerk, along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts November 20, 2012 performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, 3) description of additional services or activities provided (as described in the Scope of Services). If the available funds for the second quarter are more than County owes Contractor, excess funds shall rollover into the third quarter, and similarly from the third to the fourth quarter. In no event shall payment exceed the annual amount stated above. (c) Quarterly payments for the second year will be made after services are rendered for that quarter and invoiced. The first quarterly payment of the second year will be in the amount of $87,289.61. The second and following quarterly payments of the second year will be in the amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above shall apply. In no event shall payment exceed the annual amount stated above. (d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as described under the Scope of Work attached. If the cost to the County for the number of pumpouts performed in a quarter exceeds the funds available for that quarter the contractor is still obligated to perform the excess pumpouts at no extra charge to the County. (e) Travel and lodging are specifically excluded from payment or reimbursement. (f) In the event the amount owed by the County to Contractor is less than the amount available in any particular quarter the remaining funds shall be rolled over to the next quarter and will be available for payment in the next quarter. Unspent funds cannot be rolled over from one contract year to the next. Unspent funds shall belong to the County at the end of the contract term. (g) Contractor's final invoice must be received within sixty (60) days after the termination or expiration of this contract. Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk of the Board examines and approves the request for payment, the County shall reimburse the Contractor. The total of said reimbursement in the aggregate sum shall not exceed the annual total amount shown in Paragraph I1I. Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (h) must be provided): a. 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. November 20, 2012 V. RENEWAL: The County shall have the option to renew this agreement after the original term, for two additional two-year periods. VI. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate 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 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. VII. INDEPENDENT CONTRACTOR: 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. VIII. STAFFING: 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. IX. UTILITIES: 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. X. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. November 20, 2012 XI. INDEMNIFICATION REQUIREMENTS: Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the 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 tern 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 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. XII. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor for the benefit of the pumpout service in Monroe County. Such donations or grants may be applied only to the operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any purpose, whether in or out of the County boundaries. Susan In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of the Keys -Wide Mobile Vessel Puinpout Service in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. XIII. FACILITIES AND EQUIPMENT: The Contractor hereby 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 November 20, ?012 equipment at any reasonable time. In addition, all operating supplies and any additional equipment such shall be the responsibility of the Contractor. XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy himself that such facilities and/or equipment are suitable for this work and he assumes 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. XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: 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. XVI. NON-DISCRIMINATION: 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 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. Vl, 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. XVII. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: 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 November 20, 2012 timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk 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; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels at any reasonable time. XVIII. PUBLIC RECORDS: The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XIX. BREACH OF TERMS BY CONTRACTOR: 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 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. XX. TERMINATION WITHOUT CAUSE: 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. XXI. TERMINATION WITH CAUSE: 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. 7 November 20, 2012 c. Breach of any other term, condition or requirement of this agreement. XXII. 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. XXIII, COMPLIANCE WITH LAW: In providing all services pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such 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 immediately 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 tern of this contract. XXIV. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required by this contract, as provided in Sect 112.311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County. C. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. XXV. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 8 November 20, 2012 XXVI. NOTICE REQUIREMENT: Any notice required or permitted udder 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: FOR COUNTY: Monroe County Administrator and Growth Management Director and County Attorney 1 100 Simonton Street 2798 Overseas Hwy. 1111 12`h St., Suite 408 Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041 FOR CONTRACTOR: Donnie Brown, Pumpout USA 1150 Hi way 83 North DeFuniak Springs, Florida 32433 XXVII. TAXES: 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. XXVIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES 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 perfonned entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court 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. XXIX. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a 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: $35,000.00). 9 November 20, 2012 XXX. 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. XXXI. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terns, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining tenn, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent pennitted 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. XXXII. ATTORNEY'S FEES AND COSTS 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. XXXIII. BINDING EFFECT The terns, 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. XXXIV. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. XXXV. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 10 November 20, 2012 XXXVI. NO SOLICITATION/PAYMENT 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 tenninate 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. XXXVII. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not 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. XXXVIII. NON -RELIANCE BY NON-PARTIES 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, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. XXXIX. NO PERSONAL LIABILITY 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. XL. EXECUTION IN COUNTERPARTS 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. November 20, 2012 XLI. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. XLII. INSURANCE POLICIES 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. 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. 12 November 20, 2012 The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: O Certificate of Insurance or • 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 CONTRACTOR'S 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) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the following insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Insurance Requirement Required 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 coverage for claims subject to the Federal Jones Act (46 U.S.C.A. 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: 13 November 20, 2012 $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. Monroe County and its Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability $1 Million Combined Single Limit (CSL) Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with tenns 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 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: $1 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. 14 November 20, 2012 XLIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. IN WITNESS WHEREOF the parties hereto have executed this 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. (SEAL) Attest�AMY HEAVILIN, CLERK By: Deputy Clerk ESS--T) Print name: 0 By: byk�. � . i iVA. J tx, `� WITNESS N Print name: f-Vt&&g L . 9&- r STATE OF V r COUNTY OF BOARD OF COUNTY COMMISSIONERS BF MO OE COUNT'�LOIDA Y• Mayor George laeugent 5 MON OE COUNTY ATTORNEY A P O�/=o AS TO F RM PUMP T,, USA, INC. By: Print name and title: (��, �d• . ;,i }�Qg< On this --U day of JN&l r2 1 c�, before me the person whose name is subscribed above, �:a and who produced iC Lt3(cSfYl9 Heentifrcation, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. 4 J otary Pu lic .;;�d Print Name ='' S7EP11AME ALFORD =' i ;= My COMMISSION # EE 24991 My commission expires: Qti 4.' Seal ''ay 6; ;;g�` EXPIRES: Sepmmber 9, 2014 MIN 15, Nomober 13, 2012 LOBBYING AND CONFLICT OF INTEREST CLAUSE ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO.010-1990 MONROE COUNTY, FLORIDA :SA , iAIV., -- "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration pi to the former County officer or employee." Date l�//•2� STATE OF: COUNTY OF: r,,�GAt Subscribed and sworn to (or affirmed) before im on 6 �6 I (date) by (name of affiant). He/She is personally known to me or has produced -J- li t itsJZL Li ii J 'U _r, Al - r � , p . x, C.j (type of identification) as identification. NOTARY PUBL My Commission Expires: NA� ^�+'�,- PEGGY h. Tr{RtADGIII NOlary PubI1C • Slaln of n000 My Cn1n[n I xpi[cs API 'J 101 d '%'�o� .PA'` Coir[unavn f I[I L .Iflo( h n L November 13, 2012 � P9 .,I " NON -COLLUSION AFFIDA' oath, and under penalty of perjury, depose and say that according to law on my t©'of the P t P 1 Y P Y t a. I ®Gc1�t.� -4_ rnlA AOCA4,g6 ' of the firm of " /tiA'' the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority do so; b. the prices in this bid have been arrived at independently without collusion„ consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; C. unless otherwise required by law„ the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. STATE OF: COUNTY OF: the statements containea in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Date: Ila&Idw AJ,9 L Subscribed and sworn to (or affirmed) before me on // a o '� o / Z . (date) by 61 4) ,,i i me or has produced as identification. PEGGY A. TNREAUGILL 't'• .° _ �lolaq Public • State of Florida ;�. •� My Cont." FYplies Api 9 ; Dt•t °%furr. Com(nlselou ttc• a'ttl0e (name of affiant). He/She is personally known to lic c u ;t c rs,L.z-e' (type of identification) <).� NOTARY PUBLIC" My Commission Expires 17 November 11, 2012 Thndersigned vendor ptu". c)+ (Name of Business) DRUG -FREE WORKPLACE FORM ordance with Florida Statute 287.087 hereby certifies that: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. /7 As the person authorized to sign the statement, I requirements. /, STATE OF: COUNTY OF Date: 14/'14L, To complies fully with the above Subscribed and sworn to (or affirmed) before me on //- <a n J. 0 / ) • (date) by tt l V I 7 I (name of affiant). He/She is personally known to me or has produced f. h k av 10 , r. I t,1 L1-4i C ns • (type of identification) as entgiSgti2n. �PEGGY A THREAUGILL +: : Wary Pnhllc Slale nl Florida ,�1� My Coinn, F>;pires Apr 2, 2014 ,''"oui'i,�,�� G011111115$11111 � n� `i. Jq(II (f ) % NOTARY PUBLIC My Commission Expires: �1 to J /V 18 November 13, 2012 PUBLIC ENTITY CRIMP, STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." have read the above and state that neither 1,A 16:- (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the lost 36 months. Date:-/" STATE OF: ✓G , COUNTY OF: [ 2&TBAl Subscribed and sworn to (or affirmed) before me on �� - �:)-o :.;i o ",� (date) by 1� �� '1 �l l �f �I '` �1 1") J=, (name of affiant). He/She is personally known to me or has produced . . �,& )t -, tL.1- K /LL- I c.c "LL- (type of identification) as identification. NOTARY PUBLIC My Commission Expires: / PEGGY A, THREADGIII �• ' % NOta�Y mmie state 01 51olida i • = q1d Comm rxpnos A1 y a lilt ••±fro ,.�' Covuaissuni �/ DIt 19 Nnvemher 11, 2012 Respondent's insurance and Indemnification Statement Insurance Requirement Reanired Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy liinits $100,000 Bodily Injury by Disease, each employee Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (4( U.S.C.A. 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 arc provided, the niWmun 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 minimun limits acceptable shall be: $200,000 per person $300,000 per ocesir ence $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 contact. The policy must spccilicaliy 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 Occunrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required. The Monroc County hoard of County Commissioners shall be named as an Additional Insured. IE November 13, 2012 Watercraft Liability $1 Million Combined Single Limit (CST.) Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with terns no less restrictive than those found in the: standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the lice 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 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 mininunu limits acceptable shall be: $1 Million Combined Singlc Limit (CSL) Coverage provided by a Protection and indemnity Club (P&T) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent 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 Respondent 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 Respondent or any of its employees, agents, respondents in any tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than RESPONDENT). 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 completion of the project (including the work of others) Is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the work under this Agreement Is delayed or suspended as a result of the 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 Respondent is for the indemnification provided for above,. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. RESPONDENT'S STATEMENT 21 November 13, 2012 I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Sig�r ature Date y�. EXHIBIT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of unincorporated Monroe County within the Florida 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 Mobile Vessel Pumpout Service The 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 (if services are phased -in) will be servicing anchored vessels located in established Managed Anchoring Zones, as identified in the attached County anchoring ordinance (Attachment 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 at Mote Marine Laboratories in Summerland Key and his/her primary duties will include: o 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 (lat/long), registration number and state, size and type of the vessel, the name of the vessel, and a point of contact for the vessel. The registration form must be signed by the vessel owner and/or captain and 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. S. 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. Section B: Deliverables 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 o 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 o 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. ml 0 0 WA C �� .. 0 4) '4) L W o •� i 2 a 4 lw aq - U' N N U 7 O O C i � O t0 t0 O I a� 4) m 4) .am LM 4) Cl) mom 0 0 CL 4) E E 0 > 0 A "&2 TV kv 4) im 0 m '22 (v cc O cc ::3 0� V m L a C�r-C Mm °Q0)oo�'o mr o.0Mo as o _ v o m !fig I ,4tcoR®® CERTIFICATE OF LIABILITY INSURANCE/2013 DATEIMMIDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER 'NAME: Certlflcate_TearrL ac No - Acentria, Inc - Ft. Myers Office PHONE FAX 4091 Colonial Blvd m ,com�_ _ 2.3 �� Fort Myers FL 33966 ADD s. URER S AFFORDING COVERAGE i NAIC N _....._ ..._..... INS L.�__., _ ., ..._.. .. , _. ®_ _. ...__,_ _ __ _ .INsuaERA: 3YElers Pr_ oDertv Casualty Insuran �6161 INSURED PU MPU SA-01 INSURERS: - PUMPOUT U.S.A., INC wsuRERc: 1150 HWY 83 N De Funiak Springs FL 32433 INSURER D' WSURER E - INSURER COVERAGES rr-RTIFIreTR w IRA12CD. Ld V 1.. 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 THps CERTIFICATE 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 POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. - iNS.R mm,.-'._.,- NSR; I UBR ......._ POLICY EFF j (POLICY EXP LTR TYPE OF INSURANCE 'tNSR i NIVD POLICY NUMBER a MMIDDIY I MMIDDIYYYY LIMITS ERALUAetUTY ;Y Y ZOL14T73778 E12/1B/2012 12/18/2013 X 1.�.� COMMERCIAL GENERAL L"IUTY I I EACH OCCURRENCE S1p00000 I DAMAGE TUREI_'6NY".-_ _ I" - .--- . - ..... �, CLAIMS MADE OCCUR I X 1 PREMISES Ea otwrtenc_ S ODD ( w I per MED EXP (Any one son S10 000 - _ Marine L„ab _ E .. I { PERSONAL & ADV INJURY i 51 000,000 _ I I GENERAL AGGREGATE 0 GENT AGGREGATE LIMIT APPLIES PER, I .......-I _ I � I I i I PRODUCTS COMPIOP AGG $2,000 000 PRO- X I POLICY OC w I S AUTOMOBILE LIABILITY I COMBINED StNULF LIMIT 4 a I ANY AUTO rim (Ea accidenl) _ ... .I - BODILY INJURY (Per person) SALL SCHEDULED I . _.. n.. L: AUTOS UaNON -OWNED C , BODILY INJURY Per accde.n S PROEErTYDAMAGE I r (Perac-oftl)HIREDA UMBRELLA LIAR C OCCUR G I p EXCESS UAB ) " S Y I ( EACH S r CLAIMS -MADE ALMS -MADE I I I AGGREGATE 19 P ED RETENTIONS is WDRKERS COMPENSATION AND EMPLOYERS' LITY I wC S ATU- OTH- ANY PROPRIETOR/PARTNERIEXECUTIVE YIN ' MFICdEWMEM ERE EXCLUDED, F i In NHI p N/A f TORY S. I E L EACHA CI E� ER S P�ON EL DISEASE - EA EMPLOYEE S t DESCR OF OPERATIONS below E L DISEASE -POLICY LIMIT 5 A Vessel Liability Y �Y SM00000582 12/1a/2012 12118/20,3 Pollution L,abdity Vessel Llab 1 000.000 i Medical 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (Attach ACORD 101, Addilional Remarks schedule, it mom apace is required) Cert holder is afforded additionai Insured coverage with regards to Marine and Vessel liability Monroe County Board of County Commissioners 1100 Simonton St, Rvom 2268 Key West FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W TStla-201U ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD PUMPOUT-01 MARTIN TH�, RTI _TIFICATE F LIABILITYINSURANCE �DAT1/912 DIYYYY) '� E (_.. C E �..-__ J 11912013 S 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy()es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Acentria, Inc - Destin Office NAME: PHONE 850 650-1950 850 6 4634 Guifstarr Drive A/C No Exn: ( � lac No): ( ) 50-9288 Destln, FL 32541� _ INSURED Pump Out USA 11SO Hwy 83 North De Funiak Springs, FL 32433 COVERAGES (_FRTIFIr:ATK MI IM121=17- INSURERIS) AFFORDING COVERAGE NAIC p INSURER A; Technology Insurance Company, Inc. 42376 INSURER B : INSURER C : 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,. ILTRR TYPEOFINSURANCE POLICY NUMBEROLICY MM1LDDI'CYYYY Y EFF EXP MMIDD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIALGENERALLIABIUTY PREMISES Ea occurrence S MED EXP (Any one person) $ CLAIMS.MADE OCCUR PERSONAL & ADV INJURY S • GENERAL AGGREGATE $ GEN'LAGGREGATE LIMIT APPLIES PER PRODUCTS COMP/OPAGG S \ r' \ POLICY TRO- LOC AUTOMOBILE LIABILITY ! I W L LI I BODILY INJURY (Per person) S ANY AUTO BODILY +NJURY (Per acuderd) S ALL OWNED SCHEDULED AUTOS AUTOS KRED AUTOS NON -OWNED AUTOS Y T AM PER ACCIDENT S $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ AGGREGATE S EXCESS LIAS CLAIMS MADE DED RETENTION S S WORKERS COMPENSATION AND X WC STATU- OTH- X EMPLOYERS' LIABILITY YIN TORY I ITS ER E.L EACHACCIDENT _ $ 1,000,000 A ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERWEMBER EXCLUDED? N I A X TWC3336203 10/1212012 1011212013 MandatoryIn N u yes, describe under E L DISEASE - EA EMPLOYEE S 1,000,000 EL DISEASE - POLICYLMIT S 1,000,000 -DESCRIPTION OFOPERATIONS below .......m DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if Is more space required) I G i _.... CERTIFICATE HOLDER CANCELLATION . ..._... .. ........ P SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Board of Monroe Count Commissioners . UTH _._. PIRE . ...,TI ' Y AUTHORIZED REPRESENTATNE ,.-..... _.._.. ... -.. ....,, _y t100 Simonton St Room 2268 Key West, Fl._33040 © 1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/D5) The ACORD name and logo are registered marks of ACORD AMENDMENT NO.1 TO AGREEMENT BETWEEN PUMPOUT USA, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT NO.1 TO AGREEMENT is made and entered into this 20th day of March, 2013, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and Pumpout USA, Inc., a for profit corporation of the State of Florida (hereinafter "Contractor"). WITNESSETH: WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys -wide mobile vessel pumpout service; and WHEREAS, the Agreement requires the Contractor to secure a grant agreement with the Florida Department of Environmental Protection (DEP) Clean Vessel Act Program; and WHEREAS, a grant agreement between the Contractor and DEP was executed on January 31, 2013; and WHEREAS, regulations of the DEP grant program require certain provisions to be included in the DEP grant agreement; and WHEREAS, DEP has requested the County to amend its Agreement with Pumpout USA to provide for these provisions; and WHEREAS, these provisions do not materially alter any other provisions of the Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. Section XII. DONATIONS AND GRANTS of the Agreement dated December 12, 2012, is hereby deleted. 2. Attachment H: Contract Provisions and Attachment I: Regulations are hereby attached as exhibits to the Agreement dated December 12, 2012, and are hereby part of the Agreement The above Sections 1. and 2. shall be retroactive to December 12, 2012. 4. The remaining provisions of the Agreement dated December 12, 2012, not inconsistent herewith, remain in full force and effect. Remainder of this Page Intentionally Left Blank SFRPC ILA Amendment 1-28-2013 I I IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: AMY HEAVILIN, CLERK Dep ty Clerk WITNESSES: 04 Print Name: STATE OF:.° �d COUNTY OF PUb .-Lk By: '0, '2 Prin BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayo George Neugent Title: On this Ii D�" day of 201 ,3, before me the person whose name is subscribed above, and who produced a'— as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires: _. Seal SFRPC ILA Amendment 1-28-2013 2 t'''`� f MENOY L MIUFR ='i MY COMMISSION # EE 11723 ''%� r r. •+ EXPIRES: October 4, 2014 t �A OE COUNTY ATTORNEY PPROVEO AST FORM Date: 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 l %: 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. MVXXX, Attachment H, Page 1 of 3 6, Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (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. 1352) - 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 funds 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 amended (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. IL Compliance with the requirements of Titles H and M of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases, 11 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. MVXXX, Attachment H, Page 2 of 3 13, 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. 1.4. 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 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivets 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. 4692-1 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). 2 L Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug -Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title VIll, 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. 109-10c) 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 PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MVXXX, Attachment H, Page 3 of 3 ATTACHMENT I REGULATIONS 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 apply to the work performed under this Agreement. 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 a eements to state and local governments 43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations 43 C.F.R. 18 New restrictions on lobbying 43 C.F.R. 43 Government wide requirements for drug -free workplace Other Federal Regulations 2 C.F.R. 1400 Suspension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures 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) Cost Principles for Non -Profit Organizations A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No, MVXXX, Attachment 1, Page I of I AMENDMENT NO.2 TO AGREEMENT for KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE between MONROE COUNTY AND PUMPOUT USA, INC. THIS AMENDMENT NO. 2 TO AGREEMENT (Amendment No. 2) is made and entered into this 17a' day of July, 2013, between the Monroe County Board of County Commissioners (County) and Pumpout USA, Inc., a for profit corporation of the State of Florida (Contractor). WITNESSETH: WHEREAS, Contractor is the provider of mobile vessel pumpout service for unincorporated Monroe County, in accordance with the Keys -Wide Mobile Vessel Pumpout Service Agreement (Agreement) effective December 12, 2012 for a two year period; and WHEREAS, the pumpout service is a new program provided to boaters by the County, and as such, the Contractor is encountering logistical and utilization issues typical of a start-up program; and WHEREAS, the Agreement provides for a quota of 1300 pumpouts per month/3900 per quarter to be performed, for compensation of quarterly payments totaling $340,200.85 in the first year of the Agreement; and WHEREAS, service commenced February 1, 2013, and since then, the Contractor has phased -in pumpout coverage and steadily increased the number of monthly pumpouts: 94 in February, 204 in March, 460 in April, 752 in May; and WHEREAS, the Contractor has not yet developed the customer base required to meet the quota of 3900 pumpouts per quarter, particularly due to start-up of operations, the off season, fewer anchored vessels to be pumped out, and vessel owners' awareness of the pumpout program; and WHEREAS, the Contractor was provided an advance payment of $98,267.11 for the first quarter, but has not received payment for the second quarter due to not meeting the pumpout quota for the first two quarters; and WHEREAS, a revision of the Agreement will allow the Contractor to continue pumpout service by eliminating the quota and per-pumpout payment, and providing payment for the second quarter (April -June 2013) in the amount of $80,644.58 and for following quarters, with a follow up evaluation of a year's worth of service to occur in January, 2014 to determine a logical quota; and WHEREAS, Contractor has secured a Department of Environmental Protection Clean Vessel Act grant to help offset the costs of the program and provides expense and service documentation to DEP without a quota for payment; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties have entered into this Amendment No. 2 and agree as follows: 1. Section IV. PAYMENT shall read as follows: Payment will be made on a quarterly basis using the same schedule and quarterly dates used by DEP as follows: (a) To provide for start-up expenses, the first payment (of the first year) will be made at the beginning of the first quarter in advance in the amount of $98,267.11. At the end of the first quarter, Contractor shall provide a report with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, and 3) description of additional services or activities provided (as described in the Scope of Services). (b) The second and following quarterly payments of the first year, in the amount of $80,644.58, will be made after services are rendered for that quarter and invoiced. Contractor shall provide an invoice acceptable to the Clerk, along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, 3) description of additional services or activities provided (as described in the Scope of Services). In no event shall payment exceed the annual amount stated above. (c) Quarterly payments for the second year will be made after services are rendered for that quarter and invoiced. The first quarterly payment of the second year will be in the amount of $87,289.61. The second and following quarterly payments of the second year will be in the amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above shall apply. In no event shall payment exceed the annual amount stated above. (d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as described under the Scope of Work attached. (e) Travel and lodging are specifically excluded from payment or reimbursement. (f) Contractor's final invoice must be received within sixty (60) days after the termination or expiration of this contract. In the event of termination of services, Contractor shall be paid pro rats based on the time that services were provided, upon invoicing as described above. Payment shall be made pursuant to the Local Government Prompt Payment Act. Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (e) must be provided): a. List of the Contractor's Board of Directors. For each board member please indicate when elected to serve and the length of term of service; if Contractor is a sole proprietorship give name of owner(s) and length of ownership; b. If corporation, evidence of annual election of officers and directors; c. Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; d. Cooperation with County monitoring visits that the County may request during the contract year; and e. Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year, including financial reports. 2. Exhibit A — Scope of Services is amended as follows: Section B. 3. Invoicing Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each quarter's payment, as stipulated in the contract. 3. County shall provide a slip for Contractor's pumpout boat at the Murray Nelson Government Center in Key Largo. 4. The parties will evaluate the Contractor's performance, payment provisions and compensation terms in January, 2014. Any changes will be by written agreement between the parties. 5. All of the other terms of the Agreement dated December 12, 2012, not inconsistent herewith, remain in full force and effect. Remainder of Page Intentionally Left Blank Signature Page to Follow 3 VESS WHEREOF the parties hereto have executed this Agreement on the day and date en above in four (4) counterparts, each of which shall, without proof or accounting for counterparts, be deemed an original contract. e, MY HEAVILIN, CLERafF#41 By: -:LWA Deputy ler BOARD OF COUNTY COMMISSIONERS OF MO OE COUNTY, FLORIDA B Y: Mayor/Chairman SA, INC. Witness Print name: S s a � e /�� L.1 , Print name and title: eQ 01w�40'�- By:C94amm JU/t/ Print name: Cal c7 7a KA � �a v�L o� STATE OF P I O R.l D 4 COUNTY OF Ma 0 ko q-, On this -L57day of 01y 2013, before me the person whose name is subscribed above, and who produced PAL etfrSa-1!'3-as identi Ycat'onAovledged that he/she is the person who executed the above Contract for the pu?poses erintained. Notary Public Print Name _ `n My commission expires: MAYRA TEZANOS S I' c' �" r 4, zs, Notary Public - State of Florida • My Comm. Expires May 19, 2016 : : Commission EE 16fa590 .;,� `- �'�•° t� O ;,�Y• Bonded Through Naltoaal Notary Aaen. ,i 71 N •• t7 O MONROE COUNTY RNEY APPROV" T F RM d Date: O AMENDMENT NO.2 TO AGREEMENT for KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE between MONROE COUNTY AND PUMPOUT USA, INC. THIS AMENDMENT NO. 2 TO AGREEMENT (Amendment No. 2) is made and entered into this 17'h day of July, 2013, between the Monroe County Board of County Commissioners (County) and Pumpout USA, Inc., a for profit corporation of the State of Florida (Contractor). WITNESSETH: WHEREAS, Contractor is the provider of mobile vessel pumpout service for unincorporated Monroe County, in accordance with the Keys -Wide Mobile Vessel Pumpout Service Agreement (Agreement) effective December 12, 2012 for a two year period; and WHEREAS, the pumpout service is a new program provided to boaters by the County, and as such, the Contractor is encountering logistical and utilization issues typical of a start-up program; and WHEREAS, the Agreement provides for a quota of 1300 pumpouts per month/3900 per quarter to be performed, for compensation of quarterly payments totaling $340,200.85 in the first year of the Agreement; and WHEREAS, service commenced February 1, 2013, and since then, the Contractor has phased -in pumpout coverage and steadily increased the number of monthly pumpouts: 94 in February, 204 in March, 460 in April, 752 in May; and WHEREAS, the Contractor has not yet developed the customer base required to meet the quota of 3900 pumpouts per quarter, particularly due to start-up of operations, the off season, fewer anchored vessels to be pumped out, and vessel owners' awareness of the pumpout program; and WHEREAS, the Contractor was provided an advance payment of $98,267.11 for the first quarter, but has not received payment for the second quarter due to not meeting the pumpout quota for the first two quarters; and WHEREAS, a revision of the Agreement will allow the Contractor to continue pumpout service by eliminating the quota and per-pumpout payment, and providing payment for the second quarter (April -June 2013) in the amount of $80,644.58 and for following quarters, with a follow up evaluation of a year's worth of service to occur in January, 2014 to determine a logical quota; and WHEREAS, Contractor has secured a Department of Environmental Protection Clean Vessel Act grant to help offset the costs of the program and provides expense and service documentation to DEP without a quota for payment; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties have entered into this Amendment No. 2 and agree as follows: 1. Section IV. PAYMENT shall read as follows: Payment will be made on a quarterly basis using the same schedule and quarterly dates used by DEP as follows: (a) To provide for start-up expenses, the first payment (of the first year) will be made at the beginning of the first quarter in advance in the amount of $98,267.11. At the end of the first quarter, Contractor shall provide a report with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, and 3) description of additional services or activities provided (as described in the Scope of Services). (b) The second and following quarterly payments of the first year, in the amount of $80,644.58, will be made after services are rendered for that quarter and invoiced. Contractor shall provide an invoice acceptable to the Clerk, along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, 3) description of additional services or activities provided (as described in the Scope of Services). In no event shall payment exceed the annual amount stated above. (c) Quarterly payments for the second year will be made after services are rendered for that quarter and invoiced. The first quarterly payment of the second year will be in the amount of $87,289.61. The second and following quarterly payments of the second year will be in the amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above shall apply. In no event shall payment exceed the annual amount stated above. (d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as described under the Scope of Work attached. (e) Travel and lodging are specifically excluded from payment or reimbursement. (f) Contractor's final invoice must be received within sixty (60) days after the termination or expiration of this contract. In the event of termination of services, Contractor shall be paid pro rata based on the time that services were provided, upon invoicing as described above. 2 Payment shall be made pursuant to the Local Government Prompt Payment Act. Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (e) must be provided): a. List of the Contractor's Board of Directors. For each board member please indicate when elected to serve and the length of term of service; if Contractor is a sole proprietorship give name of owner(s) and length of ownership; b. If corporation, evidence of annual election of officers and directors; c. Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; d. Cooperation with County monitoring visits that the County may request during the contract year; and e. Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year, including financial reports. 2. Exhibit A — Scope of Services is amended as follows: Section B. 3. Invoicing Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each quarter's payment, as stipulated in the contract. 3. County shall provide a slip for Contractor's pumpout boat at the Murray Nelson Government Center in Key Largo. 4. The parties will evaluate the Contractor's performance, payment provisions and compensation terms in January, 2014. Any changes will be by written agreement between the parties. 5. All of the other terms of the Agreement dated December 12, 2012, not inconsistent herewith, remain in full force and effect. Remainder of Page Intentionally Left Blank Signature Page to Follow 0 VESS WHEREOF the parties hereto have executed this Agreement on the day and date :en above in four (4) counterparts, each of which shall, without proof or accounting for counterparts, be deemed an original contract. e' MY HEAVILIN, CLERK By: Deputy ler By: S_4----1 ;L,L Witness BOARD OF COUNTY COMMISSIONERS OF COUNTY, FLORIDA By_MO OE je' it Mayor/Chairman By: Print name: s Print name and title: OWE "-- SA, INC. Cxmm ./ LLB% �.�ness wK/ / STATE OF F I O R-t D 4 COUNTY OF NO. 0 CLIP G-+ On this ! i7day of 4 01V 2013, before me the person whose name is subscribed above, and who produced P&01- 41 D _It3-as identificat'on c o�vledged that he/she is the person who executed the above Contract for the pu$oses er'n contained. Notary Public % V Print Name — — a — —. —— — -n My commission expires: MAYRA TEtANOS S I C. CAJ Notary Public • State of Flalda C i• •a My Comm. Expires May 19. 2016 Commission ! EE 160590 o sit" bonded Through National Notary Assn. N O MO. Ca AN PROT F RMEY AMENDMENT NO.3 TO AGREEMENT BETWEEN PUMPOUT USA, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT NO. 3 TO AGREEMENT is made and entered into this loth day of December, 2014, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and Pumpout USA, Inc., a for profit corporation of the State of Florida (hereinafter "Contractor"). WITNESSETH: WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys -wide mobile vessel pumpout service for two years, including a quota of 1300 pumpouts per month at a cost of $21.81 per pumpout based on an annual cost in the first year of service of $340,200.85; and WHEREAS, the County established the pumpout program initially as a free service to customers in order to optimize utilization of the service and gain compliance with existing No Discharge Zone regulations; and WHEREAS, Amendment No. 1 to the Agreement was approved on March 20, 2013 providing for deletion of Section XH. Donations and Grants, and inclusion of Attachment H- Contract Provisions and Attachment I- Contract Regulations to conform with requirements of the Florida Department of Environmental Protection (DEP); and WHEREAS, Amendment No. 2 to the Agreement was approved on July 17, 2013, to eliminate the pumpout quota and per pumpout cost due to a slow startup of service, and allow for full quarterly payments to be made to the Contractor; and WHEREAS, the Agreement expires December 31, 2014; and WHEREAS, the County recognizes the public benefit of continuing to provide mobile vessel pumpout service; and WHEREAS, the Agreement requires sufficient funding from the DEP Clean Vessel Act (CVA) Program to the Contractor to help defray the total cost of the service; and WHEREAS, the Contractor's current funding agreement with CVA expires January 31, 2015, and CVA staff has indicated a potential reduction in funding for the next funding cycle to the Contractor from $436,752 to approximately $200,000 and such a reduction in funding may put the pumpout program at risk of being discontinued; and WHEREAS, the BOCC on November 18, 2014, approved sending a letter to the CVA Program asking that sufficient funding be awarded to the Contractor to allow the pumpout program to continue; and WHEREAS, in the interim period during which CVA considers the award amount to Pumpout USA for the next funding cycle, the County desires to extend the Agreement to provide service for one month, expiring January 31, 2015, which will ensure temporary continuation of the pumpout service and payment to the Contractor from both the County and CVA; and WHEREAS, based on sufficient award of funding by CVA to Pumpout USA for the next funding cycle, the County anticipates considering Amendment No. 4 to the Agreement to extend service for an additional two year period at the January 2015 BOCC meeting; e w NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. The Agreement is extended for one month, with the tern beginning January 1, 2015, and ending January 31, 2015. 2. Provide for a payment to the Contractor of $27,435.27. 3. Require invoicing documentation as described in the Agreement, except that the documentation shall reference one month of service rather than one quarter. 4. The remaining provisions of the Agreement originally dated December 12, 2012, and Amendments 7+- No 1 and No. 2 to the Agreement not inconsistent herewith, remain in full force and effect. INTNESS WHEREOF, the parties have set their hands and sea] on the day and year first above written. (SEAL). *` ATTEST: AMY HEAVILIN, CLERK Deputy Clerk Print Name�,,4n ��J STATE OF 1,0 r I A a COUNTY OF �°,• • • I►.sue• • I.. • Mayor Danny L. Kolhage INC. sy: Title: d L') MO ROE COUNTY ATTORNEY A 0 AS �FOM: .(.J STEVEN T. WILLIAMS ASSIST /a 8M ATTORNEY On this ,a I day of , 6, 01_, before me the person whose name is subscribed above, and who produced Dec identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. i- Noblic Print Name My commission expires: 2 Seal SHELLIE DEVLIN Is '� t`e MY 00MMISSION it EE189207 EkrIRES April 18, 2D16 rAeo,x+ rb►m mio AMENDMENT NO.4 TO AGREEMENT BETWEEN PUMPOUT USA, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT NO. 4 TO AGREEMENT is made and entered into this 21st day of January, 2015, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and Pumpout USA, Inc., a for profit corporation of the State of Florida (hereinafter "Contractor"). WPTNESSETH: WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys -wide mobile vessel pumpout service for two years, including a quota of 1300 pumpouts per month at a cost of $21.81 per pumpout based on an annual cost in the first year of service of $340,200.85; and WHEREAS, the County established the pumpout program initially as a free service to customers in order to optimize utilization of the service and gain compliance with existing No Discharge Zone regulations; and WHEREAS, Amendment No. 1 to the Agreement was approved on March 20, 2013 providing for deletion of Section XII. Donations and Grants, and inclusion of Attachment H- Contract Provisions and Attachment I- Contract Regulations to conform with requirements of the Florida Department of Environmental Protection (DEP); and WHEREAS, Amendment No. 2 to the Agreement was approved on July 17, 2013, to eliminate the pumpout quota and per pumpout cost due to a slow startup of service, and allow for full quarterly payments to be made to the Contractor; and WHEREAS, recognizing that the original Agreement expires on December 31, 2014, the Board approved Amendment No.3 to the Agreement on December 10, 2014 to extend pumpout service one additional month through January 31, 2015 to provide time for CVA and the Contractor to determine potential funding levels for CVA grant funding to the Contractor for the next year, and to ensure that the County's Agreement for service coincides with the CVA grant agreement with the Contractor which expires January 31, 2015; and WHEREAS, CVA has identified unused grant funding that will allow CVA to extend their agreement with the Contractor for an additional two months through March 31, 2015; and WHEREAS, the Contractor has requested CVA to provide the two month extension through March 31, 2015; and WHEREAS, the County desires to extend its Agreement with the Contractor for an additional two months through March 31, 2015 to coincide with the anticipated extension of the CVA agreement with the Contractor, during which time CVA and Contractor will continue to evaluate the proposed pumpout service budget for the next year; and WHEREAS, the Contractor is encouraged to identify alternate funding sources to help supplant the CVA funding for the next grant cycle and provide for any possible shortfalls in funding; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: 1. The Agreement is extended for two months, with the term beginning February 1, 2015, and ending March 31, 2015. 2. Provide for a payment to the Contractor of $54,870.56. 3. Require invoicing documentation as described in the Agreement, except that the documentation shall reference two months of service rather than one quarter. 4. The remaining provisions of the Agreement originally dated December 12, 2012, and Amendments No. 1, No. 2 and No. 3 to the Agreement not inconsistent herewith, remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above HEAVILIN, CLERK K21 Deputy Clerk WITNESSES: 1. 1./1 Print Name: G&E. 2. Print Name:. STATE OF I--1 D R-) Z) & COUNTY OF , M D 0 2 67 t- BOARD OF COUNTY COMMISSIONERS O NROE COUNTY, IDA ayo anny L. Kolhage PUMPame:-j INC. By: Prin Title: U A_e M M qfflaE COUNTY ATTOF�RNEY PROVEO oars: On this S day of 201s , before me the person whose above, and who produce y 1t6-as identification, acknowledged rson who executed the above Con ac or a purposes therein contained. Notary Public Print Name +o`'"" O`i�MAYiya Notary PublRic -- EZA cSflorida al My commission expires: my C01111". res ay 19, 2016 Commission i EE 168590 Bonded Through NstPoml Notary Assn. N name is subscribed that he/she is the N o 3101MICIlf"' 1 CERTIFICATE OF LIABILITY INSURANCE 110y2gr1014 THIS CERTIFICATE N ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO NUMB B wr ewrl I"' ---- - - - 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 U='NG INSURER^ AUTiIORDDED REPRESENTATIVE OR PRODUCER. AND THE CERTIFICATE HOLDER. __ _ is WA. sub101A 110 IMPORTANT: B the ee.tin 1 holder Is an ADDITIONAL INSURED, the o pogW lass) must aertlReats dogs not confer right to the the germs and eondillons of the policy. earfain pollales mat► r@W Blvd.8 00 nrsu�o PUMPOUT-01 Pump Out USA 1150 Ffwy 83 North De Fun Springs FL 32433 THIS IS TO CERTIFY TMAT IMr: ruuuca yr ma......•...- ....• ---- INDICATED. NO'TIMTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DE EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID cows AVLOMMULLIAOadTY 7 CAM40AM ❑ OCCUR I WNLAOOINiOATEppL�INpI.. APPUESPEIt POLICY ElJECT Lac OTHER: AUTOfIONLS LIASWTY By, ANYAWFO wt&%Eo DA MREDAUTOS R AUTOS ufiLLALIAe OCCUR ooceeilJAe cLAIMs A PLOYCDAIPWOISALJAaS�nRY YIN Y ANY pgOPRIETOR,PARTH616XECUnYE n NIA 0 ICUiENT MATH RESPECT To WHICH THIS HEREIN 18 SUBJECT TO ALL THE TERMS, S =hwjP0-Bw=Z IT i .. 90011.Y NdIMIY (Per pB=n) i WMY I AMY (Pa NOWEV i •EFOPI oaec�TION oP ovISIATTILIa r LoeATroNsrvelacLst (ACORO rm, AraiaBl R«.Ba oee.euw Bm Ir m.mnw a.00e� �. u Dwners/Oftk ers Excluded from Workers Companation Benefits: Vemie Brown THE WORKERS COMPENSATION INCLUDES A WAIVER OF SUBROGATION, FORM (WC000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE OANr:SLLED BEFORE THE EVIRATNIN DATE THEREOF, NOTICE WILL BE DELIVER® IN MONROE COUNTY BOARD OF COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS. 1100 SIMONTEN STREET KEY WEST FL 33040 AurNoxam RSP OffAVA 101tlSS,Z014 ACORD CORPORATION. All right nservsd• ACORD 15 (2014101) The ACORD name and logo are registered marks of ACORD MARINE CERTIFICATE OF INSURANCE PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Gallagher Charter Lakes ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE 3455 East Paris SE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Grand Rapids, MI 49512 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURED: COMPANY A AFFORDING COVERAGE: Pump Out USA TRAVELERS PROPERTY CASUALTY COMPANY OF 1150 Highway 83 North AMERICA Defuniak Springs FL 32433-3813 Policy # ZOL-14T73778 & SM00000694 Policy Term: 12/18/2013—12/18/2014 COMPANY B AFFORDING COVERAGE: COVERAGES: 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, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. DESCRIPTION COVERAGE DEDUCTIBLE Marine General Liability 1,000,000 2,5001,000,000 2,500 Per Occurrence Advertising & Personal Injury 1,000,000 2,000,000 2,500 2,500 Aggregate Fire Legal Liability 100,000 2,500 0 Medical Payments 10,000 1,000,000 2,500 Pollution Liabili DESCRIPTION: Marine General Liability and Pollution Liability 'CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW COMPANY, BUT FAILURE TO AGENTS IL SUCH REPRESENTATSHALL IVES. VAS. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THITS ,ERTIFICATE HOLDER: Monroe County Board of County 1100 Simonton Street Authorized Agent: Date: December 2, 2014