Item D1 D.1
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County of Monroe
y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
�1 `_ll Mayor Pro Tem Michelle Coldiron,District 2
The Florida.Keys` )-.�p�` Craig Cates,District 1
David Rice,District 4
w � Sylvia J.Murphy,District 5
County Commission Meeting
September 3, 2020
Agenda Item Number: D.1
Agenda Item Summary #7236
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
n/a
AGENDA ITEM WORDING: Approval of a Contract with 'On The Hook Marine Services LLC'
for Temporary Mobile Pumpout Vessel Services to Vessels Anchored in the Upper Keys Pumpout
Service Area from October 1, 2020 through January 31, 2021 in the amount of $49,993.76 while
Monroe County Continues to Seek Proposals for Keys-wide Mobile Pumpout Service(s).
ITEM BACKGROUND: At the June 17, 2020, Monroe County Board of County Commissioners
("Board") meeting, the Board directed staff to identify a vendor to provide Temporary Mobile
Vessel Pumpout Services ("Temporary Service") for vessels anchored in the Upper Keys. The
Temporary Service was requested by the Board following the July 1 expiration of the County's
contract with a previous vendor.
Staff have received an unsolicited proposal from On The Hook Marine Services, LLC to provide this
Temporary Service. This is a newly formed entity formed specifically for this purpose. In addition,
the vendor has provided the attached requested supplemental documentation in a response to a
request by staff for additional information. Staff has reviewed this information and prepared the
attached contract for Board review and approval.
Temporary Service will be provided to vessels anchored within the areas identified in the attached
Service Area Maps (Attachment"A"). The term of the Temporary Service shall be from October 1,
2020 to January 31, 2021. It is anticipated that the end of this term will coincide with the timeline for
the competitive solicitation process currently underway for Keys-wide Service. The bid opening date
for the Request for Proposals (RFP) for Keys-wide Service was August 27, 2020. A Selection
Committee will be held on September 16, 2020. Staff anticipates bringing the RFP ranking and a
request for approval to negotiate to the Board's October 16, 2020 regular meeting with associated
contract(s)brought to the Board at the December 9, 2020 regular meeting.
Funding for this Temporary Service will be provided by the FY2021 County Boating Improvements
Funds (BIF) which are budgeted to include expenditures related to the County's pumpout program.
The total contract value is $49,993.76 based on a minimum target quota of 164 pumpouts per month
at a unit rate of $76.21 per pumpout. The minimum target quota was calculated from historical
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D.1
service averages (i.e. pumpout data) from the Service Area.
A contract for Temporary Mobile Vessel Pumpout Services is provided for Board approval.
PREVIOUS RELEVANT BOCC ACTION:
June 2020 —Direction to Identify a Vendor to Provide Temporary Mobile Vessel Pumpout Services
for the Upper Keys Service Area.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
EXECUTED STAMPED Upper Keys Pumpout Contract—FINAL for Board approval with all
attachments (8/27/20)
Service Area Maps
RAI Responses
FINANCIAL IMPACT:
Effective Date: October 1, 2020
Expiration Date: January 31, 2021
Total Dollar Value of Contract: $49,993.76
Total Cost to County: $49,993.76
Current Year Portion: n/a
Budgeted: Yes
Source of Funds: County Boater Improvement Funds (Cost Center 62613)
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: No If yes, amount:
Grant: N/A
County Match: N/A
Insurance Required: Yes, will be provided upon contract approval
Additional Details:
10/21/20 157-62613 - B I FEES/RETAINED VESSEL $49,993.76
REVIEWED BY:
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Assistant County Administrator Christine Hurley Completed
08/21/2020 8:28 AM
Emily Schemper Completed 08/21/2020 11:59 AM
Peter Morris Completed 08/21/2020 12:57 PM
Purchasing Completed 08/24/2020 12:06 PM
Budget and Finance Completed 08/24/2020 12:22 PM
Maria Slavik Completed 08/24/2020 12:29 PM
Kathy Peters Completed 08/24/2020 12:35 PM
Board of County Commissioners Pending 09/03/2020 5:05 PM
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D.1.a
AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN ON THE HOOK MARINE
SERVICES LLC AND MONROE COUNTY, FLORIDA, FOR TEMPORARY MOBILE
PUMPOUT SERVICE
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THIS AGREEMENT is made and entered into this day of September 2020, between
the Monroe County Board of County Commissioners and ON THE HOOK MARINE SERVICES
LLC, a Florida-incorporated and registered for-profit corporation (hereinafter"Contractor").
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WITNESSETH:
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WHEREAS, Monroe County has (hereinafter"Board of County Commissioners", "BOCC",
"Board", "Monroe County", or the"County") established certain objectives which are consistent
with and supportive of the federally-designated No Discharge Zone and laws and regulations
established by the federal and state governments of the United States and Florida; and
WHEREAS, it has been determined that it is in the best interest of the residents of the
County that a contract for temporary mobile vessel pumpout service exclusively for the Upper
Keys' (hereinafter"Service" /"service")be entered into with a private provider of such service(s);
and
WHEREAS, the Contractor specified herein desires to provide such service(s); and
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, 0
the parties have entered into this Agreement(hereinafter"Agreement" or"Contract") as follows:
Article 1.1.0 Representations and Warranties and Term of Contract ®i
By executing this Contract, the CONTRACTOR makes the following express representations and
warranties to the COUNTY: c
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1.1.1 The CONTRACTOR shall maintain all necessary licenses,permits, or other authorizations 0.
necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties �
hereunder have been fully satisfied. L
1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a
manner that they will be accurate, coordinated, and adequate for use in verifying work
completed and associated costs and shall be in conformity and comply with all applicable
law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as w
part of this Contract will be adequate and sufficient to document costs in a manner that is CL
acceptable for reimbursement by government agencies, therefore eliminating any additional �t
cost due to missing or incorrect information. U)
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1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to
his performance and with regard to those directly under his employ or authority.
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1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with LU
professional skill and care and the orderly progress of Tasks expressly assigned by the
COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall E
By executing this Contract,the parties agree that the term"Upper Keys" shall be construed as the bayside anchorages
identified in the Service Area Maps(Attachment A)to the Scope of Work(Exhibit A)attached.
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abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the
provisions of such services, including those now in effect and hereafter adopted. Any
violation of said statutes, ordinances, rules or regulations shall constitute a material breach
of this Contract and shall entitle the COUNTY to terminate this contract immediately upon °
delivery of written notice of termination to the CONTRACTOR.
1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent
contractor and is not an employee of the COUNTY. No statement contained in this Contract
shall be construed so as to find the CONTRACTOR or any of his/her employees,
subcontractors, servants, or agents to be employees of the COUNTY. As an independent y
CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable
to the services to be provided.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
in its recruiting, hiring,promoting, terminating, or any other area affecting employment
under this Contract or with the provision of services or goods under this Contract.
1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by
both of the parties.
1.1.8 Term of Agreement. The term of the Agreement shall commence on October 1, 2020, and
end on January 31, 2021, unless terminated earlier under the terms of the Contract. °°
However, the Agreement is contingent upon sufficient, continuous funding to the County by 0
the Florida Department of Environmental Protection (FDEP) and/or other sources. If the
applicable FDEP (or other) funding agreement is cancelled or becomes insufficiently z
funded, this Agreement is also void, unless the parties amend it in the same manner as it was
originally approved.
Article 2.0 Scope of Services. The CONTRACTOR shall do,perform, and carry out in a
professional and proper manner the Scope of Services described below.
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A detailed Scone of Services is attached as Exhibit "A." The CONTRACTOR shall be the :5
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exclusive provider of mobile vessel pumpout services for the County in the service area(s) specified
in the attached Scope of Services and shall also coordinate with the County and with the Florida
Fish and Wildlife Conservation Commission ("FWC") on providing and ensuring sewage pumpout
compliance within the County.
Only anchor-out vessels ("anchor-outs") shall receive the Service. The Service cannot be provided LU
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to, and therefore Contractor shall not serve:
A vessel that due its illegal anchoring, illegal mooring, location, or use, is in violation
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of federal, Florida, or local laws, ordinances, rules, or regulations, as determined by a
local, state, or federal agency;
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A vessel that is rented, leased, sub-leased, assigned, or subject to any other form of LU
booking or occupancy agreement for tenancies of less than 28 days duration;
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tD A vessel that is advertised for rental, lease, sub-lease, assignment, or any other form of
booking or occupancy agreement for tenancies of less than 28 days duration;
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A vessel that is held out for rental, lease, sub-lease, assignment, or any other form of
booking or occupancy agreement for tenancies of less than 28 days duration;
A vessel that is facilitating, enabling,promoting, supporting, or sustaining a structure or
land use that the Planning&Environmental Resources Department or Code Compliance
Department has or have determined violates a provision of the Monroe County Code(s)
or Monroe County Comprehensive Plan;
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A vessel that the Monroe County Code Compliance Special Magistrate, a court of
competent jurisdiction, or an administrative hearing officer has held is in violation of a
federal, Florida, or local law, ordinance, rule, or regulation, or Comprehensive Plan
objective,policy, or provision;
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A vessel that has been deemed to constitute a nuisance by a court of competent
jurisdiction or by an administrative hearing officer.
The CONTRACTOR shall immediately report to the Marine Resources Office:
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(1) If it gains actual or constructive knowledge, or has credible reason to believe, that any vessel
it is requested to service or any vessel it observes in the course of its performance of this 2
contract is being rented, leased, sub-leased, assigned, or subject to any other form of booking
or occupancy agreement for tenancies of less than 28 days,or if such vessel is being advertised -20
or held out to that effect; and 0
(2) If it gains actual or constructive knowledge, or has credible reason to believe, that any vessel 0
it is requested to service or any vessel it observes in the course of its performance of this
contract is in violation of any federal, Florida, or local law, ordinance, rule, or regulation.
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2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without
additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the 2
work product of the CONTRACTOR.
Article 3.0 Amount of Compensation and Availability of Funds.
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3.1 The CONTRACTOR shall not charge any fees to anchored-out vessels for the services CL
rendered under this Agreement including, but not limited to, service fees and registration fees. In
addition,pumpout vessel operators shall not accept any tips for providing this service.
The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the
objectives of the County as to/for providing temporary mobile vessel pumpout service for the Upper
Keys, shall pay to the CONTRACTOR the sum of up to $49,993.76 DOLLARS for the term of this CL
contract, based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)
price of$76.21 per vessel pumped out. U)
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Payments of$12,498.44 will be paid monthly based on the CONTRACTOR meeting the minimum
monthly target quota of 164 pumpouts. If the monthly quota is not reached,payment will be based
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on the number of pumpouts performed at the cost per pumpout of$76.21. Payment will not be made w
for pumpouts exceeding the monthly quota.
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2 Based upon historical service averages derived from the County's pumpout service dating from June 2019 which
estimates the average number of vessels receiving routine,weekly service in the Service Area is 42 vessels.For
purposes of clarity, 164 pumpouts is equivalent to 10%below a median monthly target quota of 182 pumpouts.
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If funds from FDEP or other sources cannot be obtained or cannot be continued at a level sufficient
to allow for continued reimbursement of expenditures for services specified herein, this Agreement
may be terminated immediately at the option of the Board by written notice of termination delivered r-
to the CONTRACTOR. The Board shall not be obligated to pay for any services or goods provided 2
by the CONTRACTOR after the CONTRACTOR has received written notice of termination.
Payment under this Agreement is contingent upon an annual appropriation by the Monroe County
Board of County Commissioners. N
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3.2 Payment. The County shall pay the CONTRACTOR in current funds for the
CONTRACTOR's performance of authorized work. Payments (as described above)will be made
monthly by the County to the CONTRACTOR. The monthly payments are based on the monthly
quotas indicated above, at a per unit rate of$76.21. Conditions for payment are as follows:
WAt the end of each month, the CONTRACTOR shall provide an invoice acceptable to the
Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of
service(s) as described in the attached incorporated Scope of Services. Monthly invoicing
shall be based on the payment provisions outlined in Article 3.1 above.
Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment
shall be made only for services provided (i.e., individual pumpouts) and there are no
reimbursable items.
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LQ CONTRACTOR's final invoice must be received within sixty (60) days after the termination 0
or expiration of this contract.
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In addition,the CONTRACTOR shall provide monthly invoicing documentation, as described above. ®i
Invoicing shall be made within fifteen (15) calendar days of the end of each month.
3.3 Local Government Prompt Payment Act. Payment will be made according to the Local 0
Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the
Monroe County Clerk of Court. The request must describe in detail the services performed, the 0.
payment amount requested, and supporting documentation.
a.
The CONTRACTOR must furnish to the County the following (prior to the payment of any
invoices, items LA)through ffi)must be provided):
LAI 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 the CONTRACTOR is a sole w
proprietorship,provide name of owner(s) and duration of ownership; c'
(B) If a corporate entity, the entity's Articles of Incorporation and Bylaws;
The entity's Policies and Procedures Manual, which must include hiring policies for all U)
staff, drug and alcohol free workplace provisions, and equal employment opportunity
provisions;
c,
(D)Cooperation with County monitoring visits that the County may request during the
effectiveness of the contract; 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 E
contract year.
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3.4 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the
County's fiscal year (October 1 - September 30)by the COUNTY's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of the 2
COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay
under this Contract is contingent upon an annual appropriation by the Board of County
Commissioners and the approval of the Board members at the time of Contract initiation, and is
furthermore contingent upon sufficient, continuous funding to the County by the DEP and/or other
sources.
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Article 4.0 Contractor's License. The CONTRACTOR shall secure, maintain and pay for any
permits and licenses necessary to operate pumpout vessels and associated equipment and
infrastructure. It is the CONTRACTOR's responsibility to maintain all permits and licenses that
may be required. _
By signature hereon, the CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in these
contract documents. Proof of such licenses and approvals shall be submitted to the County upon
request. The CONTRACTOR has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and hereby represents that it
will at all times conduct its business activities in a reputable manner.
Article 5.1.0 Insurance 0
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5.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance
at all times that this Contract is in effect. In the event the completion of authorized work 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. 0
5.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate 0.
this Contract. E
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5.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
5.1.4 Delays in the commencement or completion of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, w
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shall not extend deadlines specified in this Contract, and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and time.
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5.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed LU
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as relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed by law. LU
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5.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured
and as a Loss Payee on all of the CONTRACTOR's insurance policies issued to satisfy this E
Contract's requirements, except for Workers' Compensation.
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5.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is
given to the County by the insurer.
5.2.0 General Liability Insurance
5.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract
(including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her/its
own expense, insurance as specified in the attached schedules, which are made part of this Contract.
The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the
attached schedules. The CONTRACTOR shall ensure that any and all sub-contractors maintain the
same types and amounts of insurance required of CONTRACTOR. The CONTRACTOR shall be
named as an additional insured on all subcontractors' liability policies. Upon request of County, the
CONTRACTOR shall provide such evidence of insurance required of the subcontractor.
5.2.2 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 insurance
required by this Contract has been furnished to the County as specified herein, and, when requested
by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of
insurance for all approved subcontractors.
5.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI c 0a
or better, that is licensed to business in the State of Florida and that has an agent for service of 0
process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)
days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written
by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY.
Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain
and maintain General Liability insurance. Coverage shall be continuously maintained and include, 0
at a minimum:
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Insurance Requirement Required Limits
a.
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 Agreement involves Maritime Operations (not to be associated
with Longshoremen's Insurance) , the CONTRACTOR's Workers' Compensation Insurance Policy shall 2
include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688)with limits not
less than $1 million. v)
The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by LU
a Workers' Compensation policy.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
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$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
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If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
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$300,000 per occurrence
$200,000 property damage `
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Pollution Liability $1 million per Occurrence
Recognizing that the work governed by this Agreement 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 cover and respond to
bodily injury,property damage, and environmental damage caused by a discharge of wastes which
are governed by this Agreement. The policy must specifically identify this contract and specify that
coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in
connection with, and/or related to the services governed by this Agreement.
The minimum limits of liability shall be:
• $1 million per Occurrence
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If coverage is provided on a claims made basis, an extended claims reporting period of one (1)year
will be required.
Monroe County and its Board of County Commissioners shall be named as an Additional Insured.
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Watercraft Liability $1 million Combined Single Limit(CSL)
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Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the standard
"American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout
the life of this Agreement and include, at a minimum:
• Injury (including death)to any Person;
• Damage to Fixed or Movable Objects; w
• Costs Associated with the Removal of Wrecked Vessels; and c.
• Contractual Liability with Respect to this Agreement.
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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 ship-owner.
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The minimum limits acceptable shall be:
$1 million Combined Single Limit(CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
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Monroe County and its Board of County Commissioners shall be named as Additional Insured and
as a Loss Payee on all policies issued to satisfy the above requirements.
The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire °
term of the Contract and any extensions specified in the attached schedules. Failure to comply with
these provisions may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced.
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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.
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The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies >
upon request by the County, notwithstanding that the CONTRACTOR may have already provided a 2
Certificate of Insurance.
5.2.4 Coverage shall be maintained throughout the entire term of the contract.
5.2.5 Coverage shall be provided by a company or companies authorized to transact business in 0
the state of Florida.
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5.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an ®i
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.
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5.2.7 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.
5.2.8 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the
COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of
insurance for subcontractors.
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5.2.9 The CONTRACTOR shall provide to the COUNTY certificates of insurance and/or a copy
of all insurance policies including those naming the COUNTY as an additional insured and as a loss
payee. The COUNTY reserves the right to require a certified copy of such policies upon request.
Article 6. 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:
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The CONTRACTOR shall provide at its own expense all necessary personnel to provide the
services under this Agreement. The personnel shall not be employees of or have any <
contractual relationship with the County.
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All personnel engaged in performing services under this Agreement shall be fully qualified,
and, if required, to be authorized or permitted under Federal, State, and local laws to
perform such services.
Article 7. Utilities. The CONTRACTOR shall be responsible for payment of any utility charges
associated with the mobile pumpout service. All utility accounts shall be held in the
CONTRACTOR's name. N
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Article 8.0 Indemnification and Hold Harmless.
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8.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County
and Monroe County Board of County Commissioners, and its officers and employees, from
liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands,
actions, costs, obligations, and attorney's fees, or liability of any kind (1) arising out of, related to,
or in connection with the negligence, recklessness, or intentional wrongful conduct of the
CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR
in the performance of the CONTRACT, or (2) arising out of, related to, or in connection with the
willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible
and answerable for any and all accidents or injuries to persons or property arising out of its
performance of the Contract, including those of any subcontractors.
8.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the c
indemnification provided for above. The extent of liability is in no way limited to, reduced, or 0
lessened by the insurance requirements contained elsewhere within this Contract. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he
shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and
shall further defend any claim or action on the COUNTY's behalf.
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8.3 In the event completion of the work assigned (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required 0.
insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses �
resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any L
deficiencies or ambiguity in the plans and specifications provided by the COUNTY or
CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claims or action on the COUNTY's behalf.
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8.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for
any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of
any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be v)
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entitled to damages for delay. LU
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8.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work LU
plan, supporting data, and other documents prepared or compiled under its obligation for this w
project, and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR E
and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall
be chargeable to the CONTRACTOR.
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8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere in this Contract.
8.7 This indemnification shall survive the expiration or early termination of the Contract. °
Article 9. 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 Mobile Vessel Pumpout Service in"as is" condition, and the CONTRACTOR shall allow
the County to inspect said facilities and equipment at any reasonable time. In addition, all operating S
supplies and any additional equipment shall be the sole responsibility of the CONTRACTOR. 4
Article 10. Contractor's Assumption of Premises and Conditions. The CONTRACTOR hereby
agrees that it has carefully examined the facilities and equipment provided by the County and has
made investigations to fully satisfy itself that such facilities and/or equipment are suitable for this
work and it assumes full responsibility therefor. The provisions of this Agreement shall control any
inconsistent provisions contained in the Scope of Work. The Scope of Work has 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 0
Agreement be more strongly construed against the County than against the CONTRACTOR.
Article 11. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be
responsible for the maintenance, repairs, and upkeep of facilities and equipment conveyed to, or as
provided for the use of, the CONTRACTOR. The CONTRACTOR shall maintain County dockage, 0
or other facilities, and all equipment in a clean, safe, and sanitary manner.
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Article 12. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the ®i
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 Agreement, and specifications covering
the services. Any CONTRACTOR's breach of this Agreement shall be governed by the article 0
below on termination for cause.
0
0.
The CONTRACTOR agrees that the County Administrator may designate representatives to visit :5
any facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's L
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.
Article 13. Termination Without Cause. The County may terminate this Contract without cause LU
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by providing the CONTRACTOR with written notice of termination at least thirty (30) days prior to
the date of termination. Compensation shall be paid to the CONTRACTOR through the end of
provision or services or for the thirty (30) days, whichever is shorter. v)
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Article 14. Termination with Cause. In addition to all the terms set forth herein, the County may
terminate this Agreement for cause if the CONTRACTOR shall default in the performance of any LU
of its obligations under this Agreement. Bases for default shall include, but is/are not limited to, the w
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 E
of said default:
(AA)Failure to provide pumpout services as described in this Agreement.
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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.
Breach of any other term, condition, or requirement of this Agreement.
0
Article 15. Maintenance of Records. The CONTRACTOR shall comply with all public records
and records retention requirements mandated by Section 24, Article I, of the Florida Constitution,
and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records
directly pertinent to performance under this Contract as are necessary to document the performance
of this Agreement/Contract and expenses as incurred and in accordance with generally accepted S
accounting principles consistently applied. Records shall be retained for a period of 7 years from the
termination of this Contract or for a period of 3 years from the date of submission of the final
expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The COUNTY shall
have the right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to
reimbursement of all attorney's fees and costs associated with that proceeding. This provisions shall
survive any termination or expiration of the Contract. Each party to this Contract or its authorized
representatives shall have reasonable and timely access to such records of each other party to this
Contract during the term of the Contract and for four years following the termination of this
Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines
that monies paid to the CONTRACTOR pursuant to this Agreement/Contract were spent for as
purposes not authorized by this Agreement/Contract, or were wrongfully retained by the 0
CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the
COUNTY.
The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities,
equipment, or vessels at any reasonable time. 0
Article 16. Public Access and Public Records Compliance. The CONTRACTOR must comply 0.
with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and �
Section 24, Article I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall L
allow and permit reasonable access to, and inspection of, all documents, records,papers, letters, or
other"public record" materials in its possession or under its control subject to the provisions of
Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in
conjunction with and in connection with this Contract and related to Contract performance. The
COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by w
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the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this
provision in the form of a court proceeding and shall, as a prevailing party, be entitled to v)
reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall LU
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survive any termination or expiration of the Contract.
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The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws LU
in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the
terms and conditions of this contract, the CONTRACTOR is required to: E
Keep and maintain public records that would be required by the COUNTY to perform the
service.
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Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy
of the requested records or allow the records to be inspected or copied within a reasonable
time at a cost that does not exceed the cost provided in this chapter or as otherwise provided
by law. 2
Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY.
Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records that would be
E
required by the COUNTY to perform the service. If the CONTRACTOR transfers all public
records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR keeps and maintains public records upon
completion of the Contract, the CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the COUNTY,
upon request from the COUNTY's custodian of records, in a format that is compatible with 0
the information technology systems of the COUNTY.
A request to inspect or copy public records relating to a COUNTY Contract must be made
directly to the COUNTY, but if the COUNTY does not possess the requested records, the 0
COUNTY shall immediately notify the CONTRACTOR of the request, and the 0
CONTRACTOR must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
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If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY i
shall enforce the Contract's maintenance of records and/or public access and public compliance
provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract
upon violation of said provision(s)by the CONTRACTOR. A CONTRACTOR who fails to provide t�
the public records to the COUNTY or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes. 0.
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The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE �-
COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY
WEST, FL 33040.
Article 17. Compliance with Law. In providing all services pursuant to this Agreement, the E
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
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this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper
licenses to perform work in accordance with these specifications throughout the term of this
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Agreement. �
Article 18. Disclosure, Conflict of Interest, and Code of Ethics.
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The CONTRACTOR represents that it, its directors,principals 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 Agreement, as provided in
Section 112.311, et. seq., Florida Statutes.
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Upon execution of this Agreement, 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.
LQ 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 0
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. as
0
Article 19. Notice Requirements. Any notice required or permitted under this Agreement shall be
in writing and hand delivered or mailed,postage prepaid, to the other party by certified mail,
returned receipt requested, to the following:
FOR MONROE COUNTY, FLORIDA:
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Monroe County Administrator and Monroe County and Monroe County Attorney
1100 Simonton Street Senior Director 1111 121h St. Suite 408 0.
Key West, FL 33040 Planning & Environmental Key West, FL 33041
Resources Department y
2798 Overseas Hwy.
Marathon, FL 33050
FOR THE CONTRACTOR:
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ON THE HOOK MARINE SERVICES LLC
C/O CHRISTOPHER WEBSTER
930 TRUMAN AVE 443 v)
KEY WEST, FL 33040
Article 20. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax L1°
to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
CONTRACTOR authorized to use the County's Tax Exemption Number in securing such materials. E
The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
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Article 21. 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 Agreement. °
Article 22.1.0 Miscellaneous
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22.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations
under this Contract, except in writing and with the prior express written approval of the S
COUNTY and consistent with the Contract, which approval shall be subject to such
conditions and provisions as the COUNTY 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 Contract. Subject to the
provisions of the immediately preceding sentence, each parry hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other party.
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22.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
22.1.3 Termination. In the event the CONTRACTOR shall be found to be negligent in any aspect
of the service or work, the COUNTY shall have the right to terminate the Contract after five as
(5) days' written notification to the CONTRACTOR. 0
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22.1.4 Public Entities Crimes/Convicted Vendor. 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 contracts 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 0
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 0.
threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY �
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TWO for a period of 36 months from the date of being placed on the convicted vendor list.
By signing this Contract, CONTRACTOR represents that the execution of this Contract will
not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of
this section shall result in termination of this Contract and recovery of all monies paid
hereto, and may result in debarment from COUNTY's competitive procurement activities. w
C.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any subcontractor has committed an act defined v)
by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been LU
LU
formally charged with committing an act defined as a"public entity crime" regardless of the
amount of money involved or whether CONTRACTOR has been placed on the convicted LU
vendor list. LU
CONTRACTOR will/shall promptly notify the COUNTY if it or any
subcontractor or subconsultant is formally charged with an act defined as
a "public entity crime" or has been placed on the convicted vendor list.
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22.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Contract;provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission. 2
22.1.6 Non-Discrimination. CONTRACTOR and COUNTY 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 Contract
automatically terminates without any further action on the part of any party, effective the
date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment 0
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 as
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol 0
and drug abuse patient 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 may be amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or 0
expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this Contract. 0.
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22.1.7 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to CL
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 Contract and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission,percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Contract. For the breach or w
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violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right
to terminate this Contract without liability and, at its discretion, to offset from monies owed,
or otherwise recover, the full amount of such fee, commission,percentage, gift, or v)
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consideration. LU
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22.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The LU
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its w
behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this Contract without liability and may also, in its discretion, deduct
from the Contract or purchase price, or otherwise recover the full amount of any fee,
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commission,percentage, gift, or consideration paid to the former COUNTY officer or
employee.
22.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently 2
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has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Contract, and that only interest of each is to perform
and receive benefits as recited in this Contract.
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22.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow `
the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited to:
22.2.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3
must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
22.2.2 Davis-Bacon Act, as Amended(40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, as
contractors must be required to pay wages not less than once a week. The COUNTY must place a 0
copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The contractors must also comply with the Copeland
"Anti-Kickback" Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole 0
or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or
subrecipient is prohibited from inducing, by any means, any person employed in the construction, 0.
completion, or repair of public work, to give up any part of the compensation to which he or she is �
otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal L
awarding agency.
22.2.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where
applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented w
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a standard work
week of 40 hours. Work in excess of the standard work week is permissible provided that the v)
worker is compensated at a rate of not less than one and a half times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are
applicable to construction work and provide that no laborer or mechanic must be required to work
in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These 1°
requirements do not apply to the purchases of supplies or materials or articles ordinarily available
on the open market, or contracts for transportation or transmission of intelligence. E
22.2.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
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wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that"funding agreement," the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
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22.2.5 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(33 U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of$150,000
must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air
Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA).
22.2.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
22.2.7 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). Contractors that apply or bid for an 0
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress, Ui
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any 0
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
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22.2.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
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22.2.9 Other Federal Requirements.
22.3.0 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto. w
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22.3.1 Disadvantaged Business Enterprise(DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to U)
participate in the performance of contracts financed in whole or in part with COUNTY funds under LU
this Contract. The DBE requirements of applicable federal and state laws and regulations apply to
this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the LU
opportunity to participate in the performance of this Contract. In this regard, all recipients and w
contractors shall take all necessary and reasonable steps in accordance with applicable federal and
state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform E
contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Contract.
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22.3.2 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the CONTRACTOR
during the term of the Contract and shall expressly require any subcontractors or subconsultants
performing work or providing services pursuant to the Contract to likewise utilize the U.S. 2
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor or subconsultant during the Contract term.
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22.3.3 NRCS Regulations. NRCS administers the EWP program through the following authorities:
• Section 216, Public Law 81-516 (33 U.S.C. Section 701b);
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• Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and
• Section 382, Title 111, of the 1996 Farm Bill Public Law 104-127; and
• Codified rules for administration of the EWP program are set forth in 7 CFR 624.
22.3.4 The CONTRACTOR, by executing all of the attachments to this Contract, all of which are i
hereby incorporated into this Contract as if fully stated herein, hereby attests that all of his
statements and affirmances therein are true and correct based upon his personal knowledge. 2
Article 23. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the 0
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. z
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Article 24. Privileges and Immunities. All of the privileges and immunities from liability, 2
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of �?
any public agents or employees of the COUNTY, when performing their respective functions under 0
this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent
to the performance of such functions and duties of such officers, agents, volunteers, or employees e
outside the territorial limits of the COUNTY.
Article 25. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or
Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to
the extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract �t
is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or U)
statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state
statute, and case law.
Article 26. 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 Monroe County in his or
her individual capacity, and no member, officer, agent or employee of Monroe County shall be
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liable personally on this Contract or be subject to any personal liability or accountability by reason
of the execution of this Contract.
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Article 27. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the
CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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 Contract separate and apart, inferior to, or superior to the community in general
or for the purposes contemplated in this Contract.
Article 28. Governing Law,Venue, Interpretation, Costs and Fees. This Contract 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 Contract,
COUNTY and CONTRACT agree that venue shall lie in the 16th Judicial Circuit, Monroe County,
Florida, in the appropriate court or before the appropriate administrative body. This Contract shall
not be subject to arbitration. The construction and interpretation of this Contract and all Monroe
County Comprehensive Plan provision(s), Florida Statutes, and Monroe County Code(s)provisions
shall be deferred in favor of the County and such construction and interpretation shall be entitled to
great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with
the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County. as
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Article 29. 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 Contract, 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. 0
Article 30. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR 0.
agree that all disputes and disagreements shall be attempted to be resolved by meet and confer �
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sessions between representatives of each of the parties. If the issue or issues are still not resolved to
the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as
may be provided by this Contract or by Florida law. This provision does not negate or waive the
preceding provisions of this Contract concerning termination or cancellation.
Article 31. Cooperation. In the event any administrative or legal proceeding is instituted against LU
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either party relating to the formation, execution,performance, or breach of this Contract, 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 v)
Contract or provision of the services under this Contract. COUNTY and CONTRACTOR LU
LU
specifically agree that no party to this Contract shall be required to enter into any arbitration
proceedings related to this Contract. LU
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Article 32. Severability. If any term, covenant, condition or provision of this Contract(or the
application thereof to any circumstance or person) shall be declared invalid or unenforceable to any E
extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Contract, shall not be affected thereby; and each remaining term, covenant,
condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent
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D.1.a
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Contract would prevent the accomplishment of the original intent of this Contract.
The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision. 2
Article 33. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such
documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by
CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates S
and other factual unit costs supporting the compensation pursuant to the Contract are accurate,
complete, and current at the time of contracting. The original contract price and any additions
thereto shall be adjusted to exclude any significant sums by which the agency determines the
contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of the
Contract.
Article 34. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and -1
warrants that: >
2
(A)The CONTRACTOR's name in this Agreement is its full name.
(B)He or she is authorized to act and contract on behalf of CONTRACTOR.
Article 35. Authority. Each party represents and warrants to the other that the execution, delivery 0
and performance of this Contract have been duly authorized by all necessary County and corporate
action, as required by law.
i
Article 36. 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 0
Agreement.
0
0.
Article 37. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall :5
bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their C.
respective legal representatives, successors, and assigns.
Article 38. Section Headings. Section headings have been inserted in this Contract as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Contract and will not be used in the interpretation of any provision of this Contract. w
C.
Article 39. Execution in Counterparts. This Contract may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall v)
a
constitute one and the same instrument and any of the parties hereto may execute this Contract by LU
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signing any such counterpart.
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In Witness Whereof, the parties have executed this Contract as indicated below.
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(SEAL) BOARD OF COUNTY COMMISSIONERS OF
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
As Deputy Clerk, Mayor Heather Carruthers MON ROE C9
ATTOnNE'
APP TO FORM
C44
PETER MC RRIS co
61402y 0
By: 11 knet 0)01146't Signature:
Witness (Print Name) CHRISTOPHER WEBSTER E
By: On behalf of. On The Hook Marine Services, LLC
Witn4 Signature)
STATE OF 1 (.-)r1
COUNTY OF
0
The foregoing instrument was acknowledged and attested before me this 9 vqd,/a)y of 0
20a5by who is personally known to me or produced z
as proof of identification and did take an oath.
0
MIA CASTILLO
My COMMISSION 4 GG214291
Notary Public Seal 0
EXPIRE&Julie 12,2022 a
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Print Name
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D.1.a
ATTACHMENT A
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
ONROE COUNTY, FLORIDA
ETHICS CLAUSE
66 ._ cV
(Company)
a�
"...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. 0 10-1990 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
employee."
2
0
(Signature)
0
Date: 05/
STATE OF: � ®i
COUNTY OF:
0
Subscribed and sworn to (or affirmed)`before me, by means of E physical presence or ❑ online
notarization, on
(date)by - " (name of affiant). He/She is personally CL
known to me or has produced C, (type of identification) as
identification.
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�otaPP�a<� MIA CASTILLO NOTARY PUBLIC
MY COMMISSION#GG214281
�OFFIOR EXPIRES:June 12,2022
My Commission Expires:,
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ATTACHMENT B
NON-COLLUSION AFFIDAVIT
P'j Jy of the city of - .. - according
to law on my oath, and under penalty of perjury, depose and`say that:
I am 4 a5 �� of the firm of_ c®
o, � �� the respondent making the Propo 1 for the
project described i the Notice f r Calling for bids for: t`� � � _ �p
Y , and that I executed the said proposal with full aut ority to do
so: E
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 respondent or with any competitor;
Unless otherwise required by law, the prices which have been quoted in this bid have not been
knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior
to bid opening, directly or indirectly, to any other respondent or to any competitor; and
No attempt has been made or will be made b the respondent to induce any other person, partnership
or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and
0
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 affidavit in awarding z
Agreements fors 'd project.
(Signature of Respondent) (Date) cj
STATE OF: 0.
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COUNTY OF:
a �
ERSON LLY APPEARED BEFORE ME, the undersigned authority, i
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who after first being sworn b m , (name of individual signing) affixed his/her
P g y ( � g)
Signature in the spaceyrovided above on this, Iday of = 20
NOTARY PUBLIC
MIA CASTILLO
My Commission Expires: �_ pvm.d"FA,�G � f� py@,J�j� g `'O `�
MY COMMISSION 4 GG214281
,�'d"' EXPIRES:June 12,2022
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D.1.a
T T ACHME 1T C
DRUG-FREE WORKPLACE FORM
The undersigned vendo in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
cv
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, N
possession, or use of a controlled substance is prohibited in the workplace and specifying the actions N
that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs,and the penalties that may be imposed upon employees for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are under i
in subsection(1).
bid a copy of the statement specified >
0
4. In the statement specified in subsection(1), notifies 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 -a
of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere 0
to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United
States or any state, for a violation occurring in the workplace no later than five (5) days after suchi
conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or i
rehabilitation program if such is available in the employee's community, or any employee who is so 2
convicted. 0
6. Makes a good faith effort to continue to maintain a. drug-free workplace through implementation
0.
of this section.
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As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
STATE OF u
(Signature of R spondent)
COUNTY OF
Date C'
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
CIA ,� cn
r _ who, after first being sworn by me, (name of individual signing)affixed p
his/her signature in the space provided above on this
day of
i�a xaYP� MIA CASTILLO
r, My commission expires: NOTARY PUBLIC E� ��
MY COMMISSION 4 GG214281
" oP° EXPIRES.June 12,2022
�
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ATTACHMENT D
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for W
public entity crime may not submit a bid on a contract to provide any goods or services to a public
ith a public entity for the construction or repair of a public
entity,may not submit a bid on a contract w
building or public work, may not submit bids on leases of real property to public entity, may not be N
awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a N
contract with any public entity, and may not transact business with any public entity in excess of the a
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months E
from the date of being placed on the convicted vendor list."
(Respondent's name) nor any
I have read the above and state that neither - 5/t�5 (Res P
Affiliate has been placed on the convicted vendor list within the last 36 months.
i
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(Signature)
Date: r '
0
i
STATE OF: 1
COUNTY OF: c
Subscribed and sworn to (or affirmed) bef re me, by means of physical presence or ❑ online 0
notarization, on @ __ (date) by
>.
(name of affiant). He/She is personally known to me CL
or has produced (type of identification) as identification.
NOTARY PUBLIC
2aPPVP�e<� MIA CASTILLO
MY COMMISSION#GG214281 <
M Commission Expires:
�"soF�oP° EXPIRE s.Ju„e 12,2022 y
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Exhibit "A."
Scope of Services
for
Temporary Mobile Vessel Pumpout Service for the Upper Keys
N
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The Contractor shall provide the Temporary Mobile Vessel Pumpout Service for the Upper Keys
(the"Service")to anchored-out vess els located exclusively in the bayside anchorages of the Upper
Keys as shown on the attached Service Area Maps (Attachment "A"). This pumpout service is
being provided by the Monroe County Board of County Commissioners ("BOCC") to vessel E
owners to reduce or eliminate the adverse environmental impacts associated with the illegal
discharge of sewage into the waters of the Florida Keys, which under federal law prohibits
discharging sewage into waters within the Florida Keys National Marine Sanctuary (the "Florida
Keys No-Discharge Zone"), and in conformity with the BOCC's Proof of Pumpout Ordinance as
authorized by Section 327.60(4), Florida Statutes.
The primary purpose and objective of the Service is providing temporary mobile pumpout service 2
to anchored-out vessels in the bayside anchorages of the Upper Keys.
The following sections describe the Scope of Work and Deliverables for the provision of mobile
vessel pumpout service.
0
i
Section A: Scope of Work
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L Mobile Vessel Pumpout Service
The Contractor shall provide the Service consisting of a suitable number of marine
pumpout vessels and service hours/days to provide sufficient service in the proposed
service area. 0
0.
The Service shall be provided at no charge to all anchored vessels in the Service Area, up CL
to a maximum of one pumpout per week to each individual vessel served.
Vessel waste shall be offloaded and disposed of properly.
The Contractor shall perform the Service in a reasonable manner,ensuring that 1)sufficient
pumpouts are being provided to vessel owners and 2)pumpouts are being performed only CL
as necessary (e.g. no pumpouts performed for a few gallons of sewage from a 25 gallon
sewage tank) to ensure cost reasonableness. See Section IV for more clarification. U)
IL Service Areas
The Contractor shall provide the Service in the geographic regions as outlined in the
attached Service Area Maps (Attachment"A").
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III. Staffing
The Contractor shall, at its own expense, provide all office and field personnel and staff
required or reasonably necessary to perform and complete all duties and obligations
required under this contract, and all personnel and staff engaged in performing activities,
duties, or services pursuant to this contract or in the performance of activities associated
with this contract shall be professionally competent, and fully qualified, authorized, and
permitted under all federal, State, and local laws, ordinances, rules, and regulations, to
perform such activities, duties, or services. The Contractor's personnel shall not be
considered "employees" of or be understood or deemed to have any individual legal E
relationship or privity with, contractual or otherwise, with the Monroe County BOCC.
The primary duties of office personnel shall include, but shall not be limited to:
• Coordinating pump-out schedules;
• Registering customers for service; i
• Obtaining registrants' contact information and location for pump-out service; and
• Acting as an accessible and responsive point of contact for the Florida Fish and
Wildlife Conservation Commission ("FWC") concerning "Proof of Pumpout" of
vessels located in Monroe County waters.
The primary duties of field personnel shall include, but shall not be limited to: 0
• Operating a pumpout vessel(s)on a weekly schedule within their designated service
areas;
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• Maintenance of an adequate supply of identification decals, monthly endorsement ®i
stickers, and orange pumpout flags; and
• Continuous and uninterrupted regular maintenance of a written Daily Log as
specified in Section B., Part I. below.
IV. Registration of Customers 0.
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Vessel owners are required by the Contractor to register for pumpout service, which shall
assist in streamlining the service through a)utilization of`identification decals' indicating
participation in the Service and b) orange flags to be flown when in need of a pumpout. All
such decals and flags shall be provided by the Contractor at no cost to the BOCC.
Registration forms for participation in the Service will be provided by Monroe County. LU
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The Contractor will be responsible for entering the registration information into a 2
Registration Log for monthly submittal to Monroe County and utilize the service requests
in development and implementation of a service schedule. The Contractor shall provide the
service schedule information to all registered customers and to Monroe County for public
distribution. Registration forms shall also be made available directly from the Contractor's
field personnel in each area of service. Registration to participate in the Service shall be
free for participants. Each participant must submit his or her registration information to
Monroe County, which shall be entered into the service schedule by the Contractor. Upon
the first service by the Contractor's pumpout vessel to the serviced vessel, field personnel E
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shall a) provide an orange pumpout flag to the vessel owner/operator and 12� affix the
identification decal to the bow of the serviced vessel, adjacent to the location of its state
vessel registration decal. An identification decal may not be provided to a vessel owner or
affixed to a vessel unless it has been serviced by the Contractor's pumpout vessel, and
service shall not be provided to any vessel (which does not have sewage to be pumped)
simply for the purpose of acquiring an identification decal. Service may also be denied if
the vessel to be pumped is not properly equipped, as determined by the Contractor, to
provide for a safe, secure pumpout(for example, improper deck fittings, sewage lines, etc.)
which may reasonably result in a sewage leak or other breakdown, danger, or malfunction.
E
After the first service by the Contractor, a vessel owner/operator wishing to receive
subsequent pumpout service shall display the orange pumpout flag when service is
requested in order to receive pumpout service. The Contractor shall not pump out a
vessel that does not display the orange pumpout flag even if the vessel is registered
for routine service.
The registration form must be signed by the vessel owner and/or its operator and will 2
expressly authorize the Contractor to pump out the participating vessel and to board the
participating vessel to facilitate performance of a pumpout, if necessary.
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For each new month of Service, the vessel owner/operator shall be provided a monthly
endorsement sticker to be adhered to the identification decal as an acceptable proof of
pumpout for compliance with Monroe County's Proof of Pumpout Ordinance.
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V. Public Education
The Contractor shall distribute any necessary public education materials regarding the
Service to the boating community as directed by Monroe County. The Contractor may
further distribute these materials to facilities such as marinas, boating-related businesses, 0
public facilities, and other locations where they may be reasonably accessed by the boating E
public. In addition, FWC officers and staff may also distribute these materials. e
VI. Coordination with County staff and FWC
The Contractor shall, at any and all times requested by Monroe County and at any and all
times requested by the FWC, identify to the FWC or Monroe County any occupied vessels
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that are not participating in the Service or that are not requesting pumpouts. CL
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Section B: Deliverables U)
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All deliverables below shall be submitted monthly to the Marine Resources Office as
specified in the Contract, or as requested by Marine Resources staff, for reporting and
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reimbursement purposes. w
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I. Daily Pumpout Logs
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The Contractor shall submit Daily Pumpout Logs, provided by Monroe County, which
shall be specific to each pumpout vessel, pumpout vessel captain, and service area. The
Contractor shall ensure that the Daily Pumpout Logs are contemporaneously filled out in
entirety in a concise, readable format for review and approval by Monroe County.
N
IL Monthly Pumpout Report
The Contractor shall submit a signed Monthly Pumpout Report containing the following
information:
(a.) Total number of pump outs performed;
(b.) Total number of in-state vessels and out-of-state vessels pumped out;
(c.) Total volume of sewage (in gallons)pumped out;
(d.) Total number of individual vessels pumped out (eliminating any duplicate
records for repeat service of the same vessel in the given month);
a. for the entire service area, and
b. broken down by major anchorages
(e.) Methods and location of waste disposal utilized.
0
III. Registration Info 0
i
The Contractor shall submit all registration information through submittal of a completed
Registration Log form (which shall be provided by Monroe County).
IV. Service Schedule
0
The Contractor shall submit a schedule of service for public distribution by Monroe
County. 0
V. Invoicing 0.
The Contractor shall submit to the Marine Resources Office a signed invoice on company
letterhead for each month's payment, as stipulated in the Contract.
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Tavernier and Key Largo Anchorages
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Tavernier and Key Largo Anchorages
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County of Monroe
Planning&Environmental Resources Department tr Board of County Commissioners: v
Marathon Government Center �r i ; ' '1�x Mayor Heather Carruthers,District 3
2798 Overseas Highway,Suite 400 �4 �t + Mayor Pro Tem Michelle Coldiron,District 2
Marathon,FL 33050y �s� ��j���t� Craig Cates,District 1
Voice: (305)289-2500 David Rice,District 4
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FAX: (305)289-2536 ,a Sylvia J.Murphy,District 5
We strive to be caring,professional, and fair
August 11, 2020
Chris Webster
On The Hook Marine Services 0
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930 Truman Ave 443
Key West Fl 33040
0
RE: Request for Additional Information for proposed Temporary Mobile Pumpout Service in the
Upper Keys Q
Mr. Webster,
0
0.
In response to your proposal received on July 21, 2020 for Temporary Mobile Pumpout Services in the
Upper Keys, our offices are requesting the following information be provided. Please provide a CL
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response (in writing) at your earliest opportunity. We would like this service to begin as soon as
possible.
�15t responses received frt»n vendor on 3-13-20 in blue" 0
21"1 responses recel v c d fron -vendor dor on 8-1 8-20 in red E
1. Background Information.
a. An introductory letter on firm letterhead indicating the name of the firm, its primary/principal
contact person, its telephone and fax numbers, its primary/principal e-mail address, the type of
business entity that it is, and a short statement summarizing the strengths of the firm/team as it 0
relates to this service.
• Name ofT h-177 On the Hook 11llarRine,5er~vice,s LLC
• Primary Contact Person Christopher Wehster
• Telephone.- 05 .>94-29.>7 �
• Primar [,`mail address - iclond.corn
l y-lie �tf l,`ntity LLC' y
Strengths
o Boating experience (45 y,,ears)
0 1IC1177 y" history in,sin ilur Work (land'ha, ed��7 lnpout trucks)
o I,xperience operating pun? out equipment (on personal
o Prgps.sional hackground in ,similar Work in C itha (tr~,Jng to ,start a pun? out
operation for 111larina Henil?,i—Way)
o Willing to go ahove and he and to make this Work �
o Cares ahout environment and Water quality
• C'7trrently acquiring pitmpout vessels
o Ready, in .> Weeks
o A//personnel are experienced
o Understands contractual requirements and nantre of'hussinesss
' Packet Pg. 127
D.1.c
b. Provide the history of the Respondent (e.g., the history of the firm), including but not limited to
its structure, the years it has been in business, and the location of all of its offices.
Histor~ "qf1 rm rilcl, recelitl 1 e,stuhl,shed
His tor~ of'Res porrdent
o Prgpssional hacicgr~ound connner~cial diving, construction
o Personal hackgr~ound avid hooter~, environmentalist, go-getter
yy �
Roo/1/7<<:; t`ol7r`r Ch for dr 4,.1 w'. ears
1�stf/tes 1ror11f s° ddrc1 "or� .tcr ro rofi -1 11, � L-
drorlEfr;s" _
approval
al y
l`orrnner,r, ul r.";Irr e s(:'hool 1981 �
1,l or;tic r.""d oil 11et."l r"l11"1/7 1€/7 11 19
C or121fC%gv has 1i€st dr"177 ivith /77v so/7 u/,,d Robert 1,r"/Est to si€y)/v lnurilw servi(,es to 0
'hose liof 1/7 177(111/EU u
Bottom r,�lec1/71/i�.`„y Ivielf"l1"I'4 r,e1,.,er�lflo/i ser E lr,"e.s CA", 1/7 t�{�/ilrf/Et�f)1o/i ivit 2 the
C,11t1fro1,rl�lfe (,o/Efrcr.,,/or.� 11E sei1313.)'1/E' fr��1/i.s1 or�f�lflolE toCl/E(�1`,ror7r ve.s.s�:..s
• All three C o t,`0177bil,,et1,51,I1"€s ye ar"'.s'o1`o/7 the Vf cater"exp r iem,„`e �
Cl/7f."le:l"r`'e/E`.`sl1"e exper"1C'/E`t,.e llr .`si"pe.r", hilsil""Y fr"(d1et,`t' m"", 4 er`'til,,,4 the job t.";lolw
• All Mvolsed with this o177l,aq are /7v1ro/tr7re/tfcrl.srtl,l,or �r°.s °'
c. There shall be submitted the number of years the Respondent has been in business, and, if 0.
different, the number ofyears the Respondent has provided the type ofservices requested. :5
.
Alo response aL
As expluilwd above iv e have dr"r7Pt't"f this t,`o177pugv to.ser vi(,,e ol7 the hoo;i .Woril7ers
d. There shall be submitted the number ofyears the Respondent has operated under its present name
and the number ofyears the business has operated under any other name, and such names under 0
which it has operated. E
I his is 0111- ir".st Ieor dr"Inec hilt Ile br ilr1:, U WC61/02 o/e.l1)er"1en(,`e to the table al,, "heel
r er" passionate abol€f r, lecl/i 11 a er.s 1/7 the 1s.evs a/,, e/e}1 here
e. There shall be submitted a list of the officers, managing members, and directors of the %�
Respondent. 0
Alo direct response >
Personnel listed ca
0.
o OWner Christoj)her Wehster
o Ad77in Alison Calhoun (hooter~) y
o Operalions Quilin Wehster (son, connnercial diver)
o llr7kr7ol4'17,filr7ctiol7 - Rohert l;`r°l7st (>0 years col7str7.lctiol7 ea )er°iel7ce) 0
�1("e 1'r°e sldel" cr/td operations lnun r�yer° - Christopher r�1�s�1,' iAVehster°
6 ir, e 0fl,,p;er',tic `s - Robertl�r"nst e�
tllfir,.'e 177cr/qc yer� cr/rf;l r,'oorr,l nutor -A isolt Culhoillr
m
f. There shall be submitted a list of the Respondent's managing members, directors, officers, and
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.
Alo response
See 1;c11"t C. Ubor e
Packet Pg. 128
D.1.c
g. Answers to the following must be provided:
(i) Has the Respondent ever failed to complete work for which it has contracted? Ifso,provide
details.
"As far as previous construction contracts we have never ailed to preforrr'r and complete all
projects contr acted for" 0.
0.
All the t`cur"s Ill (,,,on`s r 11(,"/iO1E cloif< et(,,,, we hcw /wi, r fitllet"f /o
c'0177;le/ aprc?jC(,, fr
(ii) Has the Respondent been a party within the last five years to a lawsuit or arbitration or
adversarial administrative proceedings?Ifso,provide details.
• No response 'a
• 1,1,7c hcw 1w i,cr" l2ctF'f to ' (d to lit y'Ctr`iol Or fifil?t.";f to t,'0177 fle/C apl"(dr`cc.• �
0
U
(W)Has the Respondent ever initiated litigation or an adversarial administrative proceeding
against Monroe County or defended litigation or an adversarial administrative 0
proceeding by Monroe County or otherwise been an adverse legal party against Monroe
County or been sued by Monroe County?Ifso,provide details. �?
No response �
<4�'1�'1 �1l�'t"lCt 11tl�:�Ctr`lcdll ct�:;C111E.`st Cull cdll�' 111 1i1€.`slll�.`s.`s
0
0.
(iv)Provide the past two (2) years of financial statements, including profit and loss, for the E
Respondent and/or credit references to establish that Respondent has the financial means, .
stability and capacity to provide the service. Z
0
No response �
T"V hcwc 111€n roll tltr cstors 111 this (`orm)(11,w
QD I e first I'1€177poi€i r e. se/ will he pai'd fin" ctrrc,l r�c<ctF""l' fin" op r"atioll uppr�r�:e�rrrrcttel
(;/h 0.
< T/.`„y� r. f ttt`iC
h. Provide information regarding any professional or operational permits and licenses held by your 2
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 materially relevant.
Sea Cucr n7her License c
c,
c
2. Litigation
a. Has the person,principal(s), entity, or any entity previously owned, operated or directed by 2
any of the respondent's officers, major shareholders, managing members, or directors, ever
failed to complete work or to provide the service or goods for which it has contracted? (If �--
yes,provide details)
"Asffir as previous construction contracts we have never ailed to preform and complete all 0
projects contr acted for" y
14 1 r" 1l t"l or ltctF' 1l t"l Curl ,illrf; cd llr`'l ctr`'lcdlr (dr" (dr" ct Cull`./ ct11L`cdll llrl cdll ec;l 111 this
c`01721fc11rY
b. Are there any judgments, claims, arbitration, adversarial administrative proceedings or suits
or audits proceeding or suits pending or outstanding against the Respondent, or its officers,
managing members, directors, or general partners? (Ifyes,provide details.)
No response
e(
0/=€c" rrr rri. C V r,r,
Packet Pg. 129
D.1.c
C. Has the person,principal of the entity, or any entity previously owned, operated or directed
by any of the respondent's officers, major shareholders, managing members, or directors
within the last five (5) years, been a party to any lawsuit or mediation or arbitration or
adversarial administrative proceedings with regard to a contract for services, goods or
construction services similar to those requested? (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.)
No rRcj,spxtrzscj
d. Has the person,principal of the entity, or any entity previously owned, operated or directed
by any of the respondent's officers, major shareholders, managing members, or directors 2
ever initiated litigation against the County or been sued by the County in connection with a
contract to provide services, goods or construction services? (Ifyes,provide details.)
No response 0
w e V e r file d ul 4 lif r�y"(rf rori.s (n
e. Whether, within the last (5)years, an officer, managing member, director, general partner,
controlling shareholder or major creditor of the respondent was an officer, managing
member, director, general partner, controlling shareholder or major creditor of any other 0
entity that failed to perform services or furnish goods similar to those sought in the request E
for proposals. a-
No response
4c 1 cr f(Cre.f C1 (.`(dlif C1.`f with Illoln-o C ow,,(w
We look forward to continued coordination to provide this critical service. 0.
Sincerely,
0
Celia Hitchins, Sr. Administrator
Marine Resources Office 6
305-289-2505
hitchins-celia(2inonroecounty-fl.gov
�t
0
Packet Pg. 130