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Item H9
� H.9 � � �, BOARD OF COUNTY COMMISSIONERS County of Monroe � ��r�i �r � s�� Mayor Heather Carruthers,District 3 The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2 Craig Cates,District 1 David Rice,District 4 Sylvia J.Murphy,District 5 County Commission Meeting June 17, 2020 Agenda Item Number: H.9 Agenda Item Summary #6977 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305) 289-2505 9:45 A.M. AGENDA ITEM WORDING: Discussion and Direction regarding reissuance of a Request for Proposals (RFP) for the Keys-wide Mobile Vessel Pumpout Service. ITEM BACKGROUND: On January 19, 2011, the Board of County Commissioners (BOCC or Board) directed staff to develop a Request for Proposals (RFP) for a Keys-Wide Mobile Vessel Pumpout Service (Service), in order to outsource and expand an existing County pumpout program operating in the Key Largo area. On July 20, 2011, the Board provided approval to advertise the RFP (attached). On October 19, 2011, the Board approved selection of National Marine Waste Foundation, Inc. (now Pumpout USA, Inc.). On December 12, 2012, the Board executed an Agreement with Pumpout USA, Inc. (Contractor)to provide the Service beginning January 1, 2013 (see attached Original Agreement). Since this time, the BOCC has approved several amendments (Amendment Nos. 1 through 11) to the Agreement between 2013 and 2020. A separate item is on this month's Board agenda to extend this Agreement through June 30, 2021 via Amendment No. 12. This Amendment No. 12 will make the total period of time that Monroe County has been under contract with Pumpout USA, Inc. approximately 8.5 years. Considering this prolonged term, and the potential benefits of checking the market to determine if additional vendors may be interested in providing this Service, staff is seeking direction on the reissuance of an RFP for this Service. Packet Pg. 1861 H.9 Below is a table outlining the funding sources and performance standards since inception of the Service. Through the years, staff have sought grants through the Clean Vessel Act(CVA)program. Further, Monroe County has sought legislative funding to support this endeavor. �Qr' am Monroe County Clean Unit #Pumps/ Year Boater Improvement Vessel Act Legislative Total Rate Month Funds(BIF) 2013 $ 340,200 $ 494,802 $ 835,002 $56.40 1300 2014 $ 329,223 $ 539,825 $ 869,048 $55.70 1300 2015 $ 367,156 $ 302,514 $ 16,666 $ 686,336 $39.44 1300/1500 2016 $ 138,125 $ 291,675 $ 300,000 $ 729,800 $40.54 1500 2017 $ 57,450 $ 172,350 $ 500,000 $ 729,800 $40.54 1500 2018 $ 195,760 $ 180,000 $ 500,000 $ 875,760 $40.54 1800 2019 $ 418,110 $ 180,000 $ 277,650 $ 875,760 $40.54 1800 2020 $ 270,720 $ 750,000 $ 1,020,720 $40.54 1800(Q1) 2200(Q2- $417,936.32 2021 $319,963.32(revenue) Application pending $ 325,000 $ 742,936.32 $40.54 1,527 $97,973(reserves) PREVIOUS RELEVANT BOCC ACTION: January 2011 — direction to develop an RFP to outsource and expand an existing pumpout program July 2011 — approval to advertise the RFP October 2011 —selection of National Marine Waste Foundation (now Pumpout USA) 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 March 2015 - Approval of Amendment No. 5 to the Agreement with Pumpout USA November 2015 - Approval of Amendment No. 6 to the Agreement with Pumpout USA August 2016 - Approval of Amendment No. 7 to the Agreement with Pumpout USA September 2017 - Approval of Amendment No. 8 to the Agreement with Pumpout USA July 2018- Approval of Amendment No.9 to the Agreement with Pumpout USA June 2019 —Approval of Amendment No. 10 to the Agreement with Pumpout USA November 2019 —Direction to expand the scope of services through June 30, 2021 January 2020 —Approval of Amendment No. 11 to the Agreement with Pumpout USA CONTRACT/AGREEMENT CHANGES: N/A Packet Pg. 1862 H.9 STAFF RECOMMENDATION: Direct staff to issue RFP. DOCUMENTATION: 2011 Request for Proposals Original Agreement for pumpout service 6/3/20 Email from PumpOut USA (6/9/20) FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: N/A Additional Details: N/A REVIEWED BY: Michael Roberts Skipped 06/01/2020 12:50 PM Emily Schemper Completed 06/01/2020 12:50 PM Assistant County Administrator Christine Hurley Completed 06/01/2020 1:32 PM Peter Morris Completed 06/01/2020 4:15 PM Purchasing Completed 06/01/2020 4:48 PM Budget and Finance Completed 06/01/2020 4:52 PM Maria Slavik Completed 06/01/2020 5:15 PM Kathy Peters Completed 06/02/2020 10:33 AM Board of County Commissioners Pending 06/17/2020 9:00 AM Packet Pg. 1863 H.9.a MONROE COUNTY, FLORIDA REQUEST FOR PROPOSALS FOR KEYS-WIDE MOBILE VESSEL PUMPOUT SERVICE 0 0. RFP # CL 2_ 0 CL s e 0 s E BOARD OF COUNTY COMMISSIONERS Mayor Heather Carruthers District 3 Mayor pro tem David Rice, District 4 0 Commissioner Kim Wigington, District 1 CL Commissioner George Neugent, District 2 Commissioner Sylvia J. Murphy, District 5 0 rr w COUNTY ADMINISTRATOR GROWTH MANAGEMENT DIRECTOR N ROMAN GASTESI CHRISTINE HURLEY June 20, 2011 Prepared By: MARINE RESOURCES SENIOR ADMINISTRATOR RICHARD JONES Packet Pg. 1864 H.9.a SECTION ONE: INSTRUCTION TO RESPONDENTS 1.01 GENERAL DESCRIPTION OF SERVICES The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") is seeking proposals from respondents (hereinafter "Contractor" or "Organization" or "Respondent") to provide mobile sewage pumpout service (Service) to vessels throughout the unincorporated areas of the Florida � Keys within Monroe County. v) 0 1.02 OBJECTIVE OF THE REQUEST FOR PROPOSALS 0. CL The County currently operates a mobile sewage pumpout vessel in the Key Largo area. The County is 0 seeking to outsource the pumpout operation, and expand the operation to include most or all of the e Keys' waters within unincorporated Monroe County. The County may consider contracts with W multiple Contractors based on Respondents' proposed areas of service coverage. The County anticipates contracting Service for three years, with provision to renew for one additional two year T term. 2 0 The Service should include a sufficient number of suitably equipped pumpout vessels, vessel operators, and management staff to pumpout liveaboard vessels (including transient/cruising vessels) a located throughout the unincorporated areas of Monroe County in the Florida Keys. Vessels served will include those anchored-out, but may also include those docked at marina facilities. The County may consider conveying its current pumpout vessel to the Contractor to assist in establishing the pumpout vessel fleet. The Respondent will be responsible for seeking and acquiring the majority of .2 the funding for the Service from government funded programs (e.g. Florida Clean Vessel Act Program), the private sector, or other sources as appropriate. An educational/outreach component 9 designed to increase public awareness and utilization of the Service to be provided is desirable. The Respondent should consider how the proposed Service may integrate with existing federal No Discharge Zone regulations as well as mandatory pumpout requirements (currently under 0 consideration). 0 c. 1.03 PROPOSAL SUBMISSION REQUIREMENTS A. All proposals must be received by the Monroe County Purchasing Office, 1100 Simonton Street, Room 1-213, Key West, Florida 33040, on or before 3:00 p.m. on Niont1 Dav, 2011. Two (2) signed originals and four (4) complete copies of each proposal shall be submitted in a sealed envelope marked on the outside, "Sealed Proposal for Keys-Wide Mobile Vessel Pumpout Service". E B. All submissions must remain valid for a period of one hundred and twenty (120) days from the date of the deadline for submission indicated above. The Board will automatically reject the response of any person or affiliate who appears on the convicted vendor list prepared by the Department of General Services, State of Florida, under Sec. 287.133(3)(d), Florida Statute (1997). The Board reserves the right to reject any or all proposals, to waive informalities in the proposals and to re-advertise for proposals. The Board also reserves the 2 Packet Pg. 1865 H.9.a right to separately accept or reject any item or items of a proposal and to award and/or negotiate a contract in the best interest of the County. C. The County reserves the right to reject any and all responses and to waive technical errors and irregularities as may be deemed best for the interests of the County. Responses which contain modifications, are incomplete, unbalanced, conditional, obscure, or which contain additions not requested or irregularities of any kind, or which do not comply in every respect with the Instruction to Respondents, and the contract documents, may be rejected at the option of the County. 1.04 DISQUALIFICATION OF RESPONDENTS Failure to complete these forms in every detail and submit them with your Response may result in 0 immediate disqualification of your Response. E A. NON-COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this 0 invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered 0. that collusion exists among the Respondents, the proposals of all participants in such collusion shall be rejected, and no participants in such collusion will be considered in future bids for the same work. 0 B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit Proposals on leases or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not r_ 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. Category Two: $25,000.00 C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in response to this invitation must execute the enclosed DRUG-FREE WORKPLACE FORM and 0 submit it with his bid or proposal. Failure to complete this form in every detail and submit 0 0. it with your bid or proposal may result in immediate disqualification of your bid or proposal. D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to complete this form in every detail and submit it with the bid or proposal may result in immediate disqualification of the bid or proposal. E 1.05 EXAMINATION OF RFP DOCUMENTS A. Each Respondent shall carefully examine the RFP (Request for Proposals) and other contract documents, and inform himself thoroughly regarding any and all conditions and requirements that may in any manner affect cost, progress, or performance of the work to be performed under the contract. Ignorance on the part of the CONTRACTOR will in no way relieve him of the obligations and responsibilities assumed under the contract. 3 Packet Pg. 1866 H.9.a B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the COUNTY. 1.06 INTERPRETATIONS, CLARIFICATIONS,AND ADDENDA No oral interpretations will be made to any Respondent as to the meaning of the RFP documents. Any inquiry or request for interpretation received ten (10) or more days prior to the date fixed for opening Ch of proposals will be given consideration. All such changes or interpretation will be made in writing in 2 the form of an addendum and, if issued, will be mailed or sent by available means to all known 0) prospective Respondents prior to the established proposal opening date. Each Respondent shall acknowledge receipt of such addenda in the space provided therefore in the Response Form. In case 0 any Respondent fails to acknowledge receipt of such addenda or addendum, his response will E nevertheless be construed as though it had been received and acknowledged and the submission of his c. response will constitute acknowledgment of the receipt of same. All addenda are a part of the contract 0 documents and each Respondent will be bound by such addenda, whether or not received by him. It is CL the responsibility of each Respondent to verify that he has received all addenda issued before a� Responses are opened. y Requests for additional information must be in writing and should be directed to Richard Jones, Senior 0 Administrator, Monroe County Marine Resources Office, 2798 Overseas Hwy., Florida 33050; r- 305/292-2356 (fax). All such requests must be received at least ten (10) days prior to the time set for the proposal submission and will be answered in writing to all potential Respondents, who have 2 requested a copy of this package, at least five (5) days prior to the time set for the proposal submission. Respondents may not request nor rely upon any verbal representations concerning these specifications. c 1.07 GOVERNING LAWS AND REGULATIONS N The Respondent is required to be familiar with and shall be responsible for complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work. 1.08 PREPARATION OF RESPONSES 0. 0 Signature of the Respondent: The Respondent must sign the response forms in the space provided for the signature. If the Respondent is an individual, the words "doing business as or "Sole Owner" must appear beneath such signature. In the case of a partnership, the signature of at least one of the partners must follow the partnership's name and the words "Member of the Firm" should be written beneath such signature. If the Respondent is a corporation, the title of the officer signing the Proposal on behalf of the corporation must be stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal must be submitted. The Respondent shall state in the response the name and address of each person interested therein. 1.09 RESPONSIBILITY FOR RESPONSE The Respondent is solely responsible for all costs of preparing and submitting the response, regardless of whether a contract award is made by the County. 4 Packet Pg. 1867 H.9.a 1.10 COPIES OF REQUEST FOR PROPOSAL DOCUMENTS A. Only complete sets of Request for Proposal documents will be issued and shall be used in preparing responses. The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets. B. Complete sets of Request for Proposal documents may be obtained in the manner and at the locations stated in the Notice of Request for Proposals. 1.11 CONTENT OF PROPOSAL The proposal package submitted in response to this Request for Proposals (RFP) shall be typed on 8- 1/2" x 11" white paper and bound; shall be clear and concise and provide the information requested herein. Statements submitted without the required information will not be considered. Proposals shall 0 be organized and sections tabbed. The Respondent should not withhold any information from the E written response in anticipation of presenting the information orally or in a demonstration, since oral c. presentations or demonstrations may not be solicited. Each Respondent must submit adequate 0 documentation to certify the Respondent's compliance with the County's requirements. Respondent CL should focus specifically on the information requested. Additional information, unless specifically relevant, may distract rather than add to the Respondent's overall evaluation. The response, at a minimum, shall include the following: 0 A. Cover Page c A cover page that reads "Proposal for Keys-Wide Mobile Vessel Pumpout Service". The cover page should contain Respondent's name, address, telephone number, and the name of a the Respondent's contact person. c B. Tabbed Sections Tab 1. Respondent's approach to this project. i� I. Provide a description of the project approach, including: a statement that reflects a clear understanding of project needs based on the Objective (Sec.1.02) above, and a business plan that details the approach. 0. 11. Provide a preliminary budget, including primary funding sources. Describe how the CL Contractor plans to generate/identify primary funding for the Service, and any other potential funding sources, including grants. Tab 2. Past Performance, Qualifications, and Service Description. I. Record of performance and professional accomplishments including: a description of similar work completed by the Contractor, any current contracts for similar work, any outstanding accomplishments of the Contractor, and any outstanding accomplishments of the Contractor that relate directly to this type of work. a 11. Technical, educational, and training experience of the Contractor and/or assigned staff, if the Contractor and/or any of the assigned staff are located in Monroe County, if they have familiarity with the waters of the Florida Keys, and if they have any related experience. III. A list of equipment/facilities/personnel that will be made available in the performance of the project (e.g. vessels, vessel operators, associated equipment, marina facilities, pumpout trucks, etc). An explanation of how the Contractor foresees arrangements for acquiring (e.g. conveyance, etc.) and utilizing the County's pumpout boat, if needed. If the County 5 Packet Pg. 1868 H.9.a pumpout boat is not available to the respondent for any reason, explain how this will affect the service and cost to the County. IV. A list of sub-contractors that may be used, in what capacity they will be used, their location, and their experience as related to the project and familiarity with the waters of the Florida Keys. V. Service area. Describe the proposed service area in the County, and whether vessels anchored-out and/or at marinas will be included in the service. VI. Service period. Describe the proposed term of service, or service periods based on potential funding source allocations, grant cycles, etc. VII. Service availability. Describe the proposed availability of pumpout service (i.e. hours/days 2 per week), recommended frequency of pumpouts, etc. VIII. Pumpout cost. Describe the anticipated charge for service to the customer based on optimization of incentive for liveaboards to utilize pumpout service. 0 IX. Provide a start-up plan, including anticipated date of commencement of proposed service E and/or additional costs or phasing of service. c. X. Describe any education/outreach component proposed to maximize utilization of service. 0 XI. If the Respondent proposes to include commercial vessels in the customers to receive CL service, describe how and where that service will be provided, including any criteria or a� thresholds. y Tab 3. References 0 Each Respondent shall provide at least five (5) references for which the Respondent has provided c the same or similar services during the past three (3) years. It is preferred that the references are a from state or local governments, but private industry clients may also be used as references. Each a reference shall include, at a minimum: Name and full address of reference organization Name of Contact person for contract Telephone number(s) Date of initiation of contract with reference �-- Brief summary comparing the referenced services to these proposed services 0 Alternatively, each Respondent may submit as references: at least five (5) letters of CL recommendation from local or in-state business owners who attest, in some detail, to Respondent's knowledge and abilities regarding the proposed services. 0 Tab 4. Staffing a. Respondent shall include a list of the proposed staff positions that will provide the work required if awarded this contract. b. If particular staff with certifications and qualifications directly related to this proposal are to be used for the performance of services under the contract, if awarded, specify the names, proposed job titles, and qualifications of said personnel. c. If any of the staff shall be comprised of volunteers, specify the following: the duties which will be carried out by volunteers, the number of volunteers, and a mechanism for assurance that sufficient staff (total employees and volunteers) will be available daily to fulfill all of the responsibilities of the Contractor. 6 Packet Pg. 1869 H.9.a d. Describe the prerequisites to any staff, whether employed or volunteer, actually performing duties. (What training, education, experience is the minimum acceptable for each type of position?) e. Describe your turn-over rate or list the length of time each current employee has been with the organization. Tab 5. Respondent's Background Information. a. There shall be submitted a list of the Respondent's shareholders with 5% or more of the stock, or, if a general partnership, a list of the general partners; or, if a limited partnership, a list of the members. c 0. b. There shall be submitted a list of the officers and directors of the Respondent. IL IL c. There shall be submitted the number of years the Respondent has been in business, and, if CL different, the number of years the Respondent has provided the type of services requested. a� d. There shall be submitted the number of years the Respondent has operated under its present T) name and the number of years the business has operated under any other name, and such names 0 under which it has operated. e. Answers to the following must be provided: (i) Has the Respondent ever failed to complete work for which it has contracted? If so, provide details. (ii) Has the Respondent been a party within the last five years to a lawsuit or arbitration? If so,provide details. (iii) Has the Respondent ever initiated litigation against Monroe County or been sued by Monroe County? If so,provide details. (iv) Provide the past 2 years financial statements, including profit and loss, for the Respondent and/or credit references to establish that Respondent has the financial 0. stability and capacity to provide the services required by this RFP. c. 0 f. Provide information regarding any professional or operational permits and licenses held by your organization or key staff. Also, provide here information about the Respondent's membership, or individual memberships, in any state or national organization that may be relevant. Tab 6. Litigation N I. Has the respondent ever failed to complete work or provide the goods for which it has contracted? (If yes,provide details.) E It Are there any judgments, claims, arbitration proceeding or suits pending or outstanding against the respondent, or its officers or general partners? (If yes,provide details.) III. Has the respondent, within the last five (5) years, been a party to any lawsuit or arbitration with regard to a contract for services, goods or construction services similar to those requested in the RFP? (If yes, the Respondent shall provide a history of any past or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) Packet Pg. 1870 H.9.a IV. Has the respondent ever initiated litigation against the County or been sued by the County in connection with a contract to provide services, goods or construction services? (If yes, provide details.) V. Whether, within the last (5) years, an officer, general partner, controlling shareholder or major creditor of the respondent was an officer, general partner, controlling shareholder or major creditor of any other entity that failed to perform services or furnish goods similar to those sought in the request for proposals. Tab 7. County Forms and Licenses. Respondent shall complete and execute the forms specified below and found in Section Three of � this RFP, as well as copies of all professional and occupational licenses: v) I. Response Form 0. It Lobbying and Conflict of Interest Clause III. Non-Collusion Affidavit CL 2- IV. Drug Free Workplace Form V. Public Entity Crime StatementCL VI. Insurance and Indemnification Statement a� VII. Local Preference Form (if applicable) 1.12 RECEIPT AND OPENING OF RESPONSES Responses will be received until the designated time and will be publicly opened and announced at the appointed time and place stated in the Notice of Request for Proposal. Monroe County's 2 representative authorized to open the responses will decide when the specified time has arrived and no B responses received thereafter will be considered. No responsibility will be attached to anyone for the premature opening of a response not properly addressed and identified. Respondents, or their authorized agents, are invited to be present. 1.13 PROPOSAL EVALUATION AND SELECTION PROCESS Proposals will be evaluated and selected at a publicly-noticed meeting by a Selection Committee composed of the Monroe County Marine Resources Senior Administrator, the Monroe County Growth 0. Management Division Director, and the Monroe County Planning & Environmental Resources 0. Department Senior Director (or their designees). An additional person may be appointed by the County Administrator. The Selection Committee will evaluate the proposals based on the following criteria: 1. Proposed project approach and business plan (20 pts) 2. Preliminary budget, including identifiable non-County funding sources for the Service (20 pts) 3. Record of performance and general business experience of the Contractor (10 pts) 4. Technical experience, education and training of the Contractor(10 pts) 5. Equipment, facilities, and personnel to be used for the project(10 pts) 6. Familiarity of the Contractor and/or sub-contractors with related projects, familiarity with the project area, and location of Contractor and/or sub-contractors within the Keys (10 pts) 7. Ability to start-up and proposed service coverage area and/or phasing of areas (10 pts) 8. Total annual cost to the County, relative to Service proposed (10 pts) 9. Local business preference: Respondent has a Monroe County business license and a physical business address within Monroe County (see Local Preference Form) (3 pts) 8 Packet Pg. 1871 H.9.a The Selection Committee will rank the proposals in order of preference and make a recommendation to the County Commission to negotiate a contract with the selected Respondent(s). Should the County Commission so direct, and a mutually satisfactory agreement cannot be reached between staff and the first recommended Respondent(s), staff may negotiate with the next preferred Respondent(s) and so forth. When staff has agreed with the Contractor(s) upon a mutually satisfactory contract, the contract will be brought before the County Commission for final approval. No binding contract is created between any Respondent and the County until a contract is approved by the County Commission. 1.14 AWARD OF CONTRACT A. Due to the nature of the project, the County reserves the right to refine/complete the Contract based on proposal responses and the direction of the Board of County Commissioners. The County, upon selection of respondent/s and approval of the Board of 0 County Commissioners, will negotiate with the Contractor to further develop the Contract. B. The County reserves the right to award separate Contracts for various areas of the Keys and � to waive any informality in any response, or to re-advertise for all or part of the work 0 contemplated. U_ C. If the award of a contract is annulled, the County may award the Contract to another a� Respondent or the work may be re-advertised or may be performed by other qualified y personnel as the County decides. D. A Contract will be awarded to the Respondent deemed to provide the services which are in 0 the best interest of the County, considering cost, qualifications, funding acquisition, and r_ other factors deemed relevant. E. The County also reserves the right to reject the response of a Respondent who has previously failed to perform properly or to complete contracts of a similar nature on time. F. The recommendations of the County Administrator or his designee, will be presented to the Board of County Commissioners of Monroe County, Florida, for final awarding or otherwise. N G. The County shall consider preference to local businesses in making a purchase or awarding a contract who meet the criteria for a local business as defined by Section 2-349 of the Monroe County Code. Individuals or firms which meet all the criteria in Section 2-349 of the Monroe County Code and are a responsive and responsible respondent shall receive y local preference and shall be given two points in the scoring criteria. 0. H. The application of local preference may be waived upon written recommendation by the CL County and approval by the Monroe County Board of County Commissioners at the time of Award of Contract. Waiver of the application of the local preference is based upon analysis of the marketplace and in consideration of the special or unique quality of goods, services, rr or professional services sought to be purchased by the County. 1.15 CERTIFICATE OF INSURANCE cv The Contractor will be responsible for all necessary insurance coverage for the Keys-Wide Mobile Vessel Pumpout Service as detailed in Section Four: Insurance Requirements. Certificates of E Insurance must be provided to Monroe County within fifteen (15) days after award of Contract, with Monroe County BOCC listed as additionally insured on all except Workers Compensation. If the < proper insurance forms are not received within the fifteen (15) days, the Contract may be awarded to the next selected Respondent. 9 Packet Pg. 1872 H.9.a SECTION TWO: DRAFT CONTRACT Keys-Wide Mobile Vessel Pumpout Service THIS AGREEMENT (Agreement) is entered into this day of 20 , by and between the Board of County Commissioners of Monroe County, Florida (hereafter "County" or "Board"), and (hereafter"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 0 CL WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the 2- County that a contract for vessel pumpout services be entered into with a private provider of such 0 services; and U_ WHEREAS, Contractor desires such services; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as 0 follows: L TERM OF AGREEMENT: 2 This agreement shall be effective on the date above, for a period of years. The term of this agreement shall be renewable in accordance with Section V. .2 It AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. The County, in consideration of the Contractor substantially and satisfactorily performing and carrying �-- out the objectives of the County as to providing mobile pumpout service, shall pay to the Contractor the sum of DOLLARS ($ )per year. 0 0 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. This Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. cv III. SCOPE OF SERVICES: E A detailed Scope of Services is attached as Exhibit A. IV. PAYMENT: Payment will be made after services are rendered as follows There are no reimbursable items. 10 Packet Pg. 1873 H.9.a After the Clerk of the Board examines and approves the request for payment, the County shall reimburse the Contractor. The Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through(h) must be provided): (a) IRS Letter of Determination indicating 501(c)(3) status (if awarded Contractor is a non-profit); (b) List of the Organization's Board of Directors. For each board member please indicate when elected to serve and the length of term of service; (c) Evidence of annual election of Officers and Directors; (d) IRS Form 990 from most recent fiscal year for all organizations; (e) Organization's Corporate Bylaws, which must include the organization's mission, board and membership composition, and process for election of officers; 0 (f) 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; � (g) Cooperation with County monitoring visits that the County may request during the contract year; 0 and c. (h) 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: 0 The County shall have the option to renew this agreement after the original term, for one additional two-year period. a VI. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate Q pumpout vessels and associated equipment and infrastructure. It is the Contractor's responsibility to maintain all permits and licenses that may be required. i� 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 0 Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and 0. approvals required to conduct its business, and that it will at all times conduct its business activities in 0 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 0) County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VIIL 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: ll Packet Pg. 1874 H.9.a 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. v) 0 X. CONVEYANCE OF COUNTY VESSEL (OPTIONAL): 0. CL The County shall within 60 days of execution of the Contract convey to the Contractor title and ownership of a 27' pumpout vessel owned by the County, to be included in a fleet of pumpout boats, 4- acquired by the Contractor, to be utilized for the mobile pumpout service. The Contractor shall assume U- all liability and responsibility for the vessel and shall utilize the vessel throughout the term of the contract as long as it remains functional. This conveyance does not imply any future responsibility of the County to provide a vessel or vessels to the Contractor. 2 0 XI. INDEMNIFICATION REQUIREMENTS: 0 Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the 2 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 0. of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the CL 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 a 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. 12 Packet Pg. 1875 H.9.a XII. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor. Said donations and grants shall be used by Contractor only for the benefit of the service to be provided and may only be applied to the organization's operational mission within Monroe County. 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 Pumpout 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 v) entity. 0. XIIL FACILITIES AND EQUIPMENT: The Contractor hereby accepts the use of any County facilities (e.g. dockage), equipment or 0 a. infrastructure that may be provided for use in conjunction with the Keys-Wide Mobile Vessel Pumpout U_ 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 such shall be the responsibility of the Contractor. 2 0 XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: 0 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: 0 The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and 0. 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. 0 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 E 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 13 Packet Pg. 1876 H.9.a 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 2 Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. v) XVIL INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: 0 c 0. Contractor shall keep and maintain all books, records, and documents directly pertinent to performance CL under this Agreement in accordance with generally accepted accounting principles consistently 0 applied. Each party to this Agreement or their authorized representatives shall have reasonable and e timely access to such records of each other party to this Agreement for public records purposes during W 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 T this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay 2 0 the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. c 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. .2 The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels 9 at any reasonable time. W XVIII. PUBLIC RECORDS: 0 0. 0 The Contractor shall comply with the Public Records laws of the State of Florida, subject to any 0. provisions providing exemption from disclosure. 0 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. E 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. 14 Packet Pg. 1877 H.9.a XX. TERMINATION WITHOUT CAUSE: The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least sixty (60) days prior to the date of termination. XXL 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. v) 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. 0 c. Breach of any other term, condition or requirement of this agreement. CL 2- 0 XXII. ASSIGNMENT: CL CL U- 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 ' 0 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 c expressly provided for therein, such approval shall in no manner or event be deemed to impose any a additional obligation upon the board. XXIII. COMPLIANCE WITH LAW: c 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 0 contractor shall possess proper licenses to perform work in accordance with these specifications 0 throughout the term of this contract. c. 0 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 performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. E 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 15 Packet Pg. 1878 H.9.a 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. XXVI. NOTICE REQUIREMENT: 0 0. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other parry by certified mail, returned receipt requested, to the � following: CL FOR COUNTY: Monroe County Administrator and Growth Management Director and County Attorney y 1100 Simonton Street 2798 Overseas Hwy. 1111 12th St., Suite 408 2 Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041 c c FOR CONTRACTOR: m c XXVII. TAXES: i� 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 0 Exemption Number in securing such materials. The Contractor shall be responsible for any and all 0. taxes, or payments of withholding, related to services rendered under this agreement. 0 XXVIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES rr 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. 16 Packet Pg. 1879 H.9.a 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: $25,000.00). XXX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and warrants that: c 0. (a) The Contractor's name in this agreement is its full name as designated in its corporate charter. L 2- (b) He or she is empowered to act and contract for Contractor. 0 c. (c) This agreement has been approved by the Contractor's Board of Directors. U_ Further, Contractor shall, upon execution of this agreement, provide proof of incorporation (or a non- profit organization) and a list of its Board of Directors. 2 0 XXXL 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 a 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 Q 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 B CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid 9 provision that comes as close as possible to the intent of the stricken provision. 0. 0 XXXII. ATTORNEY'S FEES AND COSTS 0 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 a 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 C44 proceedings. XXXIII. BINDING EFFECT c, 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. 17 Packet Pg. 1880 H.9.a XXXIV. AUTHORITY Each parry 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 0 under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this E Agreement shall be required to enter into any arbitration proceedings related to this Agreement. c. 0 XXXVL NO SOLICITATION/PAYMENTCL 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 T secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, 0 individual, or firm, other than a bona fide employee working solely for it, any fee, commission, r_ 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. 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 0. deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by CL the COUNTY be required to contain any provision for waiver. 0 XXXVIIL NON-RELIANCE BY NON-PARTIES y 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. 18 Packet Pg. 1881 H.9.a XXXIX. 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. XL. 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, 2 officer, agent or employee of COUNTY shall be liable personally on this Agreement or be subject to W any personal liability or accountability by reason of the execution of this Agreement. 0 0. XLI. EXECUTION IN COUNTERPARTS CL 2- This Agreement may be executed in any number of counterparts, each of which shall be regarded as an 0 original, all of which taken together shall constitute one and the same instrument and any of the parties CL hereto may execute this Agreement by signing any such counterpart. a� XLII. SECTION HEADINGS 0 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. 2 i� XLIII. ENTIRE AGREEMENT: c 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 0. 0 0. rr 0) cv 19 Packet Pg. 1882 H.9.a 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: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA By: By: Deputy Clerk Mayor/Chairman (SEAL) CONTRACTOR Attest: 0 By: By: WITNESS CL Title: Title: 0 c. By: WITNESS Title:, 0 c STATE OF COUNTY OF On this day of 2011, before me the person whose name is subscribed above, Q and who produced as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. 0 0. 0 CL Notary Public 0 Print Name My commission expires: Seal cv 20 Packet Pg. 1883 H.9.a SECTION THREE: COUNTY FORMS (FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.11) RESPONSE FORM RESPOND TO: MONROE COUNTY PURCHASING OFFICE HISTORIC GATO CIGAR FACTORY ROOM 1-213 .2 1100 SIMONTON STREET W KEY WEST, FLORIDA 33040 0 0. I acknowledge receipt of Addenda No.(s) E c. I have included: 0 0. • Lobbying and Conflict of Interest Clause • Non-Collusion Affidavit • Drug Free Workplace Form • Public Entity Crime Statement c 0 • Insurance and Indemnification Statement • Local Preference Form (if applicable) i� (Check mark items above, as reminder that they are included) c In addition, I have included a current copy of the following professional and occupational licenses: 0 0. 0 CL Mailing Address: Telephone: Fax: Date: N Signed: Witness: (Seal) (Name) (Title) 21 Packet Pg. 1884 H.9.a LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...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 paid to the former County officer or 0. employee." (Signature) c c Date: STATE OF: COUNTY OF: c Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) 0. as identification. 0 NOTARY PUBLIC My Commission Expires: cv 22 Packet Pg. 1885 H.9.a NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say that a. I am of the firm of the bidder making the Proposal for the project described in the Request for Proposals for v, and that I executed the said proposal with full authority to 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 0. 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 y competition; 0 e. the statements contained 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 c affidavit in awarding contracts for said project. c (Signature) N Date: STATE OF: 0. 0 COUNTY OF: CL 0 Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced (type of identification) cv as identification. NOTARY PUBLIC My Commission Expires: 23 Packet Pg. 1886 H.9.a DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: (Name of Business) 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. y 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 impaosed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are 0. 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 CIL 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 CL 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 y later than five (5) days after such conviction. y 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or 2 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. 2 As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. .2 (Signature) �- Date: 0. 0 STATE OF: CL 0 COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by a, (name of affiant). He/She is personally known to cv me or has produced (type of identification) as identification. NOTARY PUBLIC My Commission Expires: 24 Packet Pg. 1887 H.9.a 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 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 fro the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. 0 0. CL 2- 0 (Signature) CL Date: 0 STATE OF: c COUNTY OF: 2 Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to y me or has produced (type of identification) as identification. 0 0. NOTARY PUBLIC 0 My Commission Expires: y cv 25 Packet Pg. 1888 H.9.a Respondent's Insurance and Indemnification Statement 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, the Contractor's Worke Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act ( � U.S.C.A. subsection 688)with limits not less than $1 Million. v) 0 The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemni 0. Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Worke � Compensation policy. 0 CL General Liability $300,000 Combined Single Limit y If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence $100,000 property damage c 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 .2 Pollution Liability c� 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 0 contract. The policy must specifically identify this contract and specify that coverage will extend to all 0. losses, claiming pollution or environmental impairment, arising out of the services governed by this 0 contract. v, m The minimum limits of liability shall be: $1 Million per Occurrence c„ If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year E will be required. The Monroe County Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability 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 26 Packet Pg. 1889 H.9.a 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) 0 0. Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the . County. 0 0. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. a, INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS 0 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 N 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 c� RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses y 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. CL 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. cv 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 I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Signature Date 27 Packet Pg. 1890 H.9.a LOCAL PREFERENCE FORM A.Vendors claiming a local preference according to Ordinance 023-2009 must complete this form. Failure to complete this form will result in disqualification from receiving local vendor preference. Name of Bidder/Responder Date: 1.Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated at least one year prior to the notice or request for bid or proposal? (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe U County? List Address: 0 0. Telephone Number: CL 2- 0 B.Does the vendor/prime contractor intend to subcontract 50%or more of the goods,services or construction to local CL businesses meeting the criteria above as to licensing and location? m If yes,please provide: y 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated at least one year prior to the notice or request for bid or proposal. c 2. Subcontractor Address within Monroe County from which the subcontractor operates: Tel.Number c Print Name: Signature and Title of Authorized Signatory for U Responder p c� STATE OF 0 0. 0 COUNTY OF CL 0 On this day of 20 , before me, the undersigned notary public, personally appeared *- known to me to be the person whose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above Local r Preference Form for the purposes therein contained. Notary Public N Print Name My commission expires: Seal 28 Packet Pg. 1891 H.9.a SECTION FOUR: INSURANCE REQUIREMENTS Respondent's Insurance and Indemnification Statement 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, the Contractor's Worke .2 Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act ( � U.S.C.A. subsection 688)with limits not less than $1 Million. 0 0. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemni E Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Worke � Compensation policy. 0 a. General Liability $300,000 Combined Single Limit y If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence c $100,000 property damage Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person $300,000 per occurrence c $100,000 property damage y Pollution Liability c� 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 0 damage, and environmental damage caused by a discharge of wastes which are governed by this 0 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. The Monroe County Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability 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 29 Packet Pg. 1892 H.9.a 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) 0 0. Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the . County. 0 0. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. a, 0 c c 0 0. 0 0 rr 0) N U 30 Packet Pg. 1893 H.9.a SECTION FIVE: ATTACHMENTS 0 0. CL 2- 0 CL CL rr N u 31 Packet Pg. 1894 H.9.a ATTACHMENT A Expense Reimbursement Requirements This document is intended to provide basic guidelines to Human Service and Community-Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Attachment B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: 0 CL "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, 4- these expenses are in compliance with this organization's contract with the Monroe County Board of U_ County Commissioners and will not be submitted for reimbursement to any other funding source." Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. c 0 c Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. 0 0 CL Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include: dates, employee name, salary or hourly rate, total hours �. worked, withholding information and payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date,payee, support for applicable payroll taxes. Postage, Overnight Deliveries, Courier, etc. E A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. 32 Packet Pg. 1895 H.9.a Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. 0 0. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the CI ILL telephone number, the date, and the purpose of the call. 0 c. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with T) Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not 0 acceptable documentation for reimbursement. If attending a conference or meeting a copy of the r_ agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires ' the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. 0 0. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, 0. MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for W lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges,penalties and fines. 33 Packet Pg. 1896 H.9.a ATTACHMENT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 1100 Simonton Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period Of to 0. Check # Payee Reason Amount CL 2- 0 101 Company A Rent $ X,XXX.XX CL 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX y (A) Total X.XXX.XX (B) Total prior payments $ X,XXX.XX c (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) jX.XXX.XX c I certify that the above checks have been submitted to the vendors as noted and that the v expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. 0 0. 0 Executive Director CL 0 Attachments (supporting documentation) rr Sworn to and subscribed before me this day of 200 by who is personally known to me. Notary Public Notary Stamp 34 Packet Pg. 1897 H.9.b November 20,2012 AGREEMENT for IIC.EYS-WIDE MOBILE VESSEL, PUMPOUT SERVICE between MONROE COUNTY AND NATIONAL, MARINE WASTE FOUNDATION, INC. THIS AGREEMENT (Agreement) is entered into this /2 " day of E - , 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 0. State of Florida("Contractor"). WHEREAS, the County has certain objectives as directed and established by the Board of County CL 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 y 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 determined 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 y 0 WHEREAS, DEP, Contractor and County are coordinating activities to be perfonned by Contractor 0. 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; 0 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 tenn 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 1 Packet Pg. 1898 November 20,2012 payment until such completion, and will make the first payment if all conditions are completed by February 1, 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. 0 0. III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. a. Contractor shall not charge customers of the pumpout service for its services. CL 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 y sum of Three Hundred Forty Thousand Two Hundred and 85/100 DOLLARS ($340,200.85) in the first T 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 N 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 0. 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). In the event the reported number of pumpouts and the 0 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 03 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 2 Packet Pg. 1899 H.9.b November 20,2012 perforined 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 0. $87,289.61. The second and following quarterly payments of the second year will be in the CL 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. CL (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 y 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 c (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 0. Paragraph III. 0 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. 3 Packet Pg. 1900 H.9.b 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. CL 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 CL 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 y a reputable manner. c 0 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: y A. The Contractor shall provide at its own expense all necessary personnel to provide the 0. services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. 0 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 E services. IX. UTILITIES: The Contractor shall be responsible for payment of any utility charges associated with the mobile 0 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. 4 Packet Pg. 1901 H.9.b 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 (1) 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 0. 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 itsCL employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect CL 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, y 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 teen 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 E make its financial records pertaining to the donated fiends available to representatives of the Contractor 2 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 Pumpout Service in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing 0 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 5 Packet Pg. 1902 November 20,2012 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. CL XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and y equipment conveyed to, or provided for the use of, the Contractor. The Contractor shall maintain 2 0 County dockage, or other facilities, and all equipment in a clean, safe and sanitary manner. c XVI. NON-DISCRIMINATION: o 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 a discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment W 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 0. 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 a) 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 6 Packet Pg. 1903 H.9.b 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 0. standards and shall be submitted to the County within one hundred twenty (120) days following the CL close of the Contractor's fiscal year. 2- 0 CL The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels at any reasonable time. XVIII. PUBLIC RECORDS: 0 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 N 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 y 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 0. 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 E notice of termination at least thirty (30) days prior to the date of termination. Compensation shall be CD paid to Contractor through the end of provision of services or for the thirty (30) days, whichever is shorter. XXI. TERMINATION WITH CAUSE: 0 The County may terminate this agreement for cause if the Contractor shall default in the performance E 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 Packet Pg. 1904 November 20,2012 c. Breach of any other term, condition or requirement of this agreement. XXII. ASSIGNMENT: The Contractor shaII 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 0. expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 0 0. XXIII. COMPLIANCE WITH LAW: a� In providing all services pursuant to this agreement, the Contractor shall abide by all statutes, y 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 tenn 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 perforinance 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 aII contracts with Monroe 0. County. 0 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 W 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, Iien, 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 Packet Pg. 1905 H.9.b November 20,2012 XXVI. 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 a) following: FOR COUNTY: 0 0. Monroe County Administrator and Growth Management Director and County Attorney 1100 Simonton Street 2798 Overseas Hwy. 1111 12"' St., Suite 408 Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041 0. FOR CONTRACTOR: Donnie Brown Putn out USA v 1150 Highway 83 North c DeFuniak S rin s Florida 32433 c XXVII. TAXES: 2 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 N 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 2 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida y applicable to contracts made and to be performed entirely in the State. 0. 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 E 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: 0 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 Packet Pg. 1906 H.9.b 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 0 0. 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 CL 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 W Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the y 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 N 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. U XXXIII. BINDING EFFECT 0 0. 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 E a� 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 Packet Pg. 1907 H.9.b November 20,2012 XXXVI. NO SOLICITATIONIPAYMENT 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 finn, 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 malting of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the 0. COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to CL offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. CL XXXVII. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and 2 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 c 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 y to the community in general or for the purposes contemplated in this Agreement. 0. XXXIX. NO PERSONAL LIABILITY 0 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, W 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. 11 Packet Pg. 1908 H.9.b 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. 0. Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage CL shall be considered a valid reason for County to terminate this Agreement. 2- 0 CL 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 nained as an additional 0. insured on all subcontractors' liability policies. Upon request of COUNTY, CONTRACTOR shall provide such evidence of insurance required of the subcontractor. 0 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 W 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 Packet Pg. 1909 Noveinber 20,2012 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. 0 The County, at its sole option, has the right to request a certified copy of any or all insurance policies 0. required by this contract. CL - 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 theCL County by the insurer. The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving v the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. 0 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 c Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the N following insurance. Coverage shall be maintained throughout the life of the contract and include, as a U) minimum: - Insurance Requirement Re aired Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits 0. $100,000 Bodily Injury by Disease, each employee Recognizing that the work governed by this contract involves Maritime Operations (not to be associated wit Longshoremen's Insurance) , the Contractor's Workers' Compensation Insurance Policy shall include coveral for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million. E The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnil Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Worker Compensation policy. General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: E $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 Packet Pg. 1910 H.9.b 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 0. 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 allCL losses, claiming pollution or environmental impairment, arising out of the services governed by this CL contract. The minimum limits of liability shall be: y $1 Million per Occurrence c If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required. 2 Monroe County and its Board of County Commissioners shall be named as an Additional Insured. c Watercraft Liability $1 Million Combined Single Limit (CSL) N Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with teens 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 0. • Costs Associated with the Removal of Wrecked Vessels • Contractual Liability with Respect to this Contract 0 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. W The minimum limits acceptable shall be: 2 $1 Million Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the 0 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 Packet Pg. 1911 H.9.b 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 CL counterparts, be'deelxmed an original contract. 0 (SEAL) Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MO `M OE COUNT LOIDA y By By: Deputy Clerk ayor George eugent e c MON OE COUNTY ATTORNEY A P CV9:0 4S TO F RM i PUMP T°USA, INC. L) By: �1� By: C't� W �� _ �tNESS c, Print name: I P 1 Print name and title: ld, �_ ,, �' < BY: 4 WITNESS 0. Print name: �6L!C�g l._. r 0 STATE OF ( l'& E Q COUNTY OF On this da of �� y before me the person whose name is subscribed above,_2 1 , CD and who produced {^ 41 a &identification, acknowledged that he/she is the person who 0 executed the above Contract for the purposes therein contained. a"L`' 1� otary Pu lic �t • yllkt Print Name IA'f k MY COMMSION#EE 24991 My commission expires: Seale • 9 ,.,°, iwN+ EXPIflFS:SePOWWber 9,2014 15 Packet Pg. 1912 H.9.b November 13,2012 LOBBYING AND CONFLICT OF INTEREST CLAUSE., SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 Ch MONROE COUNTY, FLORIDA ETHICS CLAUSE 0 CL 0. (Co parry) CL "...warrants that hefit 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 y provision the County may, in its discretion, terminate this Agreement without liability and may also, in T) its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration pai to the former County officer or o employee." (Signs e Date: STATE OF: r y COUNTY OF: Aj TLL Subscribed and sworn to (or affirmed) before me on �6 { (date) by (name of affiant). He/She is personally known to 0 me or has produced ,t r � �..�_1t_r.jzt r.p-#i �_. (type of identification) as identification, ` E NOTARY PUBL My Commission Expires: on� i J I '� PEGGY A.DiREADGILL � uolary Public • Stale of Florida My Cpnun I xpac5 Apr 'J 7DlA Y "'yf us r, A Cnis,uu5•r u h 151 ,1ti0( 16 Packet Pg. 1913 H.9.b p t,, t(� 1 � November 13,2012 r ` g NON-COLLUSION AFFIDAVIT I, of the city of according to law on my oath, and under penalty of perjury, depose and say thatOF a. I of the firm of the bidder making the 0. Proposal for the project 6scribed in the Request for Proposals for ® and that I executed the said proposal with full authority f6 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; y 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, the statements containect 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. N ( i na ure) Date: y 0 STATE OF: ��/Qf'" 0 COUNTY OF: Subscribed and sworn to (or affirmed) before me on (date) by E i _ (name of affiant). He/She is personally known to me or has produced c i $Lc c� 1x �. :t , (type of identification) as identification. "15A-1 PUOrJ; PL(;GY A.TNAEAUGIIL _'�;• �,"„ Nolacy NEWic -State of F10"}a NOTARY PUBLIC t } ; My GoE11E11 Fxpifes Apt? Goit1g11S510EE ()[)ard<!OP 4t{ My Commission Expires: L t7 Packet Pg. 1914 H.9.b November 13,2012 DRUG-FREE WORKPLACE FORM Th undersigned vendor in ccordance with Florida Statute 287.087 hereby certifies that: 1, v -+ (Name of Business) 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 CL 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 CL 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). y 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 noto contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled o 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. & Make a good faith effort to continue to maintain a drug-free workplace through implementation .N of this section. As the person authorized to sign the statement, t i th 9this firm complies fully with the above _ requirements. (SI nabare) Date: 0 STATE OF: COUNTY OF: 11�1,Td Subscribed and sworn to (or affirmed) before me on r ri (date) by Y)Q5 Yl r C4 Lx 0 tt#v I Y (name of affiant). HelShe is personally known to me or has produced r _i h" c�dV��.� ,�L � ��L to , �c. e- 0 -� _ _(type of identification) as gWiUti2n,, ; t Y PEfG R 7HRFR[?GILL J fin, ' h-L r' 1 .(..., e Nolary P,iGllc- Stale ref Florida ^^•°�--•--�— --fr---� �—•---:� '•'` NOTARY PUBLIC My Comm Frpires Api 7,?01 1 My Commission Expires: ( y-u. 1 t; Packet Pg. 1915 H.9.b Novcmber 13, 2012 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 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 0. 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." CL I have read the above and state that neither e"_C ,ddAj,/0'7—(Respondent's name) nor CL any Affiliate has been placed on the convicted vendor list within he I st 36 months. (Si o nat r' c Date:, l STATE OF: _I.142 COUNTY OF: Subscribed and sworn to(or affirmed) before me on (date) by W 9 � t>ri Y) - (name of affiant). He/She is personally known to me or has produced :' `f-�-'-�e'� ' f •�C'c• a (type of identification) 0 as identification. 0. NOTARY PUBLIC'-" � . . My Commission Expires: E f E,,.IEE GGY A� iF[iif ADGILI Public• state 0l Kloaldamm FXP1105 At" U 11) Packet Pg. 1916 H.9.b 1 Noveniher 13,2012 i Respondent's Insurance and Indemnification Statement Insurance Requirement Regnired 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 0 Recognizing that the work governed by thus contract involves Maritime Operations, the Contractor's Workers 0. Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (4( CL U.S.C.A. subsection 688) with limits not less than $1 Million. CL The Contractor shall be permitted to provide .hones Act Coverage through a separate Protection and lndetnnit) Policy, in so far as the coverage provided is no less restrictive; than would have been provided by a Workers Compensation policy. y 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 2 $200,000 property damage - Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the; mzinimunz limits acceptable shall be: N $200,000 per person $300,000 per occurrence $200,000 property damage c Pollution Liability $1 Million per Occurrence y 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 envirormnental impairment, arising out of the services governed by this contract. nie 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, c The Monroc County Board of County Commissioners shall be named as an Additional Insured, 20 Packet Pg. 1917 H.9.b November B,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 these found in the standard "American Institute Hull Clauses" (June 2, 1977 edition), Coverage shall be maintained throughout the fife of tlic contract and include, as a inininium: � • Injury (including death) to any Person • Damage to Fixed or Movable Objects • Costs Associated with the Removal of Wrecked Vessels o • Contractual Liability with Respect to this Contract 0. If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall beCL endorsed to provide coverage for the legal liability of the shipowner. CL The mininaim limits acceptable shall be: $1 Million Combined Single Limit (CST) y Coverage provided by a Protection and indemnity Club (P&i) shall be subject to the approval of the County. o 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 `Ch p Ch 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, (13) the negligence or willful misconduct of Respondent or any of its e 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 v, 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 o 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 0 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 Packet Pg. 1918 H.9.b Noveniber 13,2012 1 understand the insurance that will be mandatary if awarded the contract and will comply in full with all the requirements. Respondent Sig afar€ Date v, 0 0. CL 2- 0 CL c c c� 0 0. 0 Packet Pg. 1919 H.9.b EXHIB IT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of 0. 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 CIL vessels, and further enable compliance with regulations of the federal No Discharge Zone and CL vessel restricted areas (i.e. Managed Anchoring Zones) in Monroe County. The foIIowing sections describe the Scope of Work and Deliverables for the provision of mobile y vessel pumpout service. 0 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 N work 8 hours per day, S business days per week in the areas designated on the attached Mobile Pumpout Service Coverage Map (Attachment 1). Each pumpout vessel placed into service wiII 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), 0. 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 Iocated in established Managed Anchoring Zones, as identified in the attached County anchoring ordinance (Attachment E 2), Pumpout USA will provide service to vessels anchored in Managed Anchoring 2 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 Packet Pg. 1920 H.9.b 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. Statfin 0 Pumpout USA, at its own expense, will provide all personnel required to perform this 0. contract and all personnel engaged in performing services under this contract shall be CL 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 0. contractual relationship with the County. The Contractor will provide vessel operators and a Project Manager that has extensive y experience and training in the pumpout industry. 0 The Project Manager will maintain an office at Mote Marine Laboratories in Summerland c 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 y 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 0 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. Packet Pg. 1921 H.9.b 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. 0. 4. Public Education CL I_ 0 Pumpout USA will develop a website, public education materials, instructional materials, CL 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 v available online through the Pumpout USA website and distributed to participating marinas, local sporting goods merchants, Monroe County Offices, and FWC where they e 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 y Managed Anchoring Zones and will communicate daily to the Project Manager for FWC reporting. 0. Section B: Deliverables 0 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 Packet Pg. 1922 H.9.b Total number of individual vessels pumped out ® The routes and locations of the pumpout vessels ® Gallons of fucl used in support of program o Education and outreach activities 3. Invoicing Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each 0. quarter's payment, as stipulated in the contract. The invoice cost (as described in the contract) will be based on a per unit rate. CL 2- 0 CL c c 0 0. 0 Packet Pg. 1923 H.9.b____; a� U cs' CL J CL CL y ■i � « qV V i v r z 'g e U) Packet Pg. 1924 H.9.b a� O ,w L 00 } n 00. WAM CL l G / �� ✓ W L,Yl F it .� r. . fJ� ca i a r OC MA CL Y O 11 a, owns � i-; s� _ -0 �` yMEN 0 al G m ;LL G! G CD �3 r 1! C7 � 5 - Y Packet Pg. 1925 6 1 H.9.b 6 + C L h� U 1 U C CL J CL a ru� .C� i t c 0 y .N �1 '4 LO C Packet Pg. 1926 H.9.b L 0 CL 3: LA 3 L CL L O� Q i = W O 0 O � w 4 0 � 1 L, P = _ J Packet Pg. 1927 H.9.b CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDfYYYY; .] 1/9/2013 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 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 CONTACT _NAME __CL�tfcat>�.T.earri _ Acentria, Inc-Ft. Myers Office PHONE - FAX 4091 Colonial Blvd (A,c No Ex.�2 - Alc Nc: 39-71 Z39-972 E-MAIL - Fort Myers FL 33966 ADDRESS:::: [ctlrrlsh8w Cam— _ INSURERS AFFORDING COVERAGE T_ � NAICRt O INsuRERA: j�rs Property��suaify Insurafl-.-....— 36161 INSURED PUMPUSA-01 INSURERe: _. _ - -- -- CL PUMPOUTU.S.A., INC wsuftElzc, 1150 HWY 83 N - - - _ _... -- INSURER D: 4" De Funiak Springs FL 32433 __-- ___-- --- - -.-- ---..._... CL INSURER E ---------- ---- .........--------------__________.-_._-----------.._..._------ ._�..—_._...._. €NSUREft F COVERAGES CERTIFICATE NUMBER:324517120 REVISION NUMBER: In THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD N 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. 0 A01 SUBR�- - ....._- --- ....._ -__._-.._ -TYPE OF INSURANCE POLICY EFFTC POLICY EXp ---- --�� �'- ---- - tNSR WVD POLICY NUMBER MMIDDIYYYY MM)DDIMY LIMIT'S A GENERAL LIAeILITY Y EY ZOL14T73778 1211812012 l211812013 EACH OCCURRENCE s1 000 000 1 bAMAG€T�f2NTED iX—I, COMMERCIAL GENERA.(.LIABILITY ! PftEMISES(EaoccurrenceL $100,0004 r � 4 i j CLAIMS MADE IX I OCCUR I i MED EXP(Any one person) $10,000 �X Marine Uab } - PERSONAL&ADV INJURY i 51,000 000 GENERAL AGGREGATE i$2,000 000 Cut GEN'L AGGREGATE I-- -- AGGR E_G.A_._T_E LIMIT APP,L-.I-E.S PER' I IP ... 0X POLICY �$ AUTOMOBILE LIABILITY _ ANY AUTO 800ILY INJURY(Per person) $ ,� - ALL OWNED I 1 SCHEDULED AUTOS BPORODIPLEYR INTY UDRAYM(Per E accident)AUTOS WNED HIRED AUTOS l$$ - ---- ......... r$ UMeRELI,.J4 LIAR I OCCUR i I I € ' EACH OCCURRENCE ENCE 1 $ y DED RETENTIONS __I- ._._.._ AGGREGATE g - i EXCESS LIAR CLAIMS-MADE 11 _.__... } _....... _ l I WDRKERS COMPENSATION ` I VbC STATU I I OTH I AND EMPLOYERS'LtA81LITY YIN N 1'i ' - 1 TS?RY LIPAI?S I - i_ER I EII -- 1 ....... -- ... ANYPROPR€ETORIPARTNERIEXECUTIVE I € E.L. ACCIDENT ( $ E I N/A I ----- - _.EACH ACC OFFICERIMEMSER EXCLUDED? !! (Mandatory In NN E L-DISEASE-EA EMPLOYE$ tyes.descnbe under z ' DESCRIPTION OF OPERATIONS below ! ' E.L.DISEASE-POLICY LIMIT . $ q Wessel Liability iY I Y SM00000582 12/18I2012 1211812013 Vessel Liab 1,000,000 r- Pollution Liabili Gi h i i Medical 5,000 DESCRIPTION OF OPERAT€❑NS!LOCATIONS I VEHICLES (Attach ACORD 101,Atldillonal Remarks Schedule,it mom space is required) Cert holder is afforded additional insured coverage with regards to Marine and Vessel liability CD .r CERTIFICATE HOLDER CANCELLATION i U SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St, Room 2268 Key West FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 1928 H.9.b —�� PUMPOUT-01 MARTIN �+p pp�� q B® �'+ OATS(MWDDIYYYY} CERTIFICATE OF LIABILITY' INSURANCE ��119I2013 THIS CERTIFICATE (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 poitcy(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 D certificate holder in lieu of such endorsement(s). ' PRODUCER I CONTACT Acentria,Inc-Destin Office PHONE A 4634 Guifstarr Drive I r.Gsa Lo Ext:($50)650-1950 ac No (850)650 92$$ Destin,FL 32541 ADDRESS: O 1. INSURERIS}AFFORDING COVERAGE NAIC# INSURER A:Technology Insurance Company,Inc. 42376 INSUREDCL INSURER B: L_ Pump Out USA INSURER C: CL 1150 Hwy 83 North INSURER 0: De Funiak Springs, FL 32433 INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: y 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS O 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 TYPEOFINSURANCE N WVD POLICY NUMBER MMlODYlYYYY 1MMnD_/y_y_y_y1 LIMITS GENERAL.LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY '® n PREMISES Ea occurrence S CLAIMS-MADE I�J OCCUR MED EXP(Any one person) S PERSONAL&ADV INJURY S t8 GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMPlOP AGG S N PRO- POLICY LT LOC AUTOMOBILE LIABILITY ! , COMBINED SINOLELIMI I '- P- Ea accident S f� ANY AUTO _ BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY[Peraccldenly y NON-OWNED HIREDAUTOS AUTOS PERPACCIDENTA E S U UMBRELLA LIAR OCCUR EACH OCCURRENCE S N I EXCESS LIAR CLAIMS-MADE AGGREGATE g DEi� RETENTION$ S . WORKERS COMPENSATION WC STATU- CTH- AND EMPLOYERS'LIABILITY YIN X TORY LIMITS - ER A ANY PROPRIETCRIPARTNERIEXECUTIVE X TWC3336203 110112/2012 10/12/2013 E.L.EACHACCIDENT y 1,000,000 OFFICERIMEMBER EXCLUDED? NIA _ (Mandatory In NH) E L,DISEASE-EA EMPLOYEE S 1,000,000 Ii yes,describe under DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT S 1,000,000 I � DESCRIPTION of OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD tOt,Additional Remarks Schedule,€f more space Is required) I f CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. E Board of Monroe County Commissioners AUTHORIZED REPRESENTATIVE _ 1 t100 Simonton St Room 2268 West l_33040 r ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 1929 H.9.c PumpOutLl' A June 3, 2020 0 0. SENT VIA EMAIL TO: CL CL Dear Mr. Gastesi, We are proud of the program we have worked so hard to build from scratch. As your y mobile marine pump out contractor, we felt compelled to reach out to you as a last-ditch effort to 2 keep the program alive. The County has proposed that PumpOut USA agree to a contract with a reduced funding level of$743,110. This is problematic for a number of reasons. Mainly, as indicated in the 2019 2 Independent Audit Report,our fixed program expenses last year were$739,434. This figure does not include the long-deferred capital expenditures that we have already implemented in preparation of a new contract. In fact, our budgeted/fixed program expenses for this coming year would have been$896,041. The County's proposal is insufficient to even cover our fixed expenses. y 0 We have put our heart and soul into building this program, but we are not in position to allow PumpOut USA to slip back into a situation where it is operating at a loss (like it did every `✓ year until mid-2017). We originally proposed to continue providing pump outs to the County for nine(9)months with the same monthly quota and reimbursement rate as provided by our current contract. Following this plan would have give us almost three full fiscal quarters to identify and secure additional funding that would bridge the shortfall. Moreover, our Tallahassee advisor has advised us that next year there is a good chance this program would receive perpetual funding status in the state budget. 0 It is our understanding you rejected our proposal. That is why, on Monday, we offered a second proposal based on cutting specific program expenses — mainly by eliminating the duplication in paperwork. LU cv To us, both of these proposals were fair to both partners. Because neither is acceptable to the County, we have no choice but to provide notice that we will not be able to enter into the July 2020 through June 2021 contract offered by the County. Finally, we would like you to know how much we have appreciated the opportunity to work with Monroe County for all these years. It has been an honor and a privilege to be your partner in eliminating the illegal discharge of marine sewage in Monroe County. We believe the M.........M.M... . Packet Pg. 1930 results speak for themselves. In the event you decide to advertise for proposals for pump out services,we will certainly be interested in participating. Thank yoti, Z' U) Donnie Brown 0 President—PumpOut USA,Inc. E CL 0 CL U- W 0 C44 U) :5 0 0. E :5 CL E 0 E LU CD C44 M E ....... Packet Pg. 1931