Item I1 L1
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
December 9, 2020
Agenda Item Number: I.I
Agenda Item Summary #7337
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
no
AGENDA ITEM WORDING: Direction on negotiating a contract with at least one of the three
respondents that submitted proposals in response to the Request for Proposals (RFP) for Keys-wide
Mobile Vessel Pumpout Service that were reviewed, scored and ranked by the Selection Committee
on September 17, 2020.
ITEM BACKGROUND: Since 2013, Monroe County (County) has operated a Keys-wide Mobile
Vessel Pumpout Program through service provided by the County's vendor, Pumpout USA. On June
17, 2020, the Monroe County Board of County Commissioners (Board) could not reach an
agreement with the vendor for continued services and chose not to renew their contract which
expired on June 30, 2020. The Board directed staff to advertise a Request for Proposals (RFP) to
find a vendor to provide mobile pumpout services to anchored vessels throughout the Florida Keys.
The Board also directed staff to establish temporary regional services by working with the
municipalities and locating a vendor for the Upper Keys while the Keys-wide services was
temporarily suspended awaiting results of the RFP.
Since August 26th, the City of Key West has provided a temporary mobile pumpout service to
vessels in anchorages surrounding the Key West and Stock Island area through an Interlocal
Agreement (ILA) with Monroe County. The ILA is for a term of six (6) months with service
provided through February 26, 2021. In addition, staff received an unsolicited proposal from On The
Hook Marine Services LLC (On The Hook) to provide temporary pumpout services to vessels
anchored in the Upper Keys. Services began on October 1st with a four(4)month short-term contract
set to expire on January 31, 2021. Combined, these services capture over 90% of the historical
service areas provided to vessels anchored in Keys waters (70% in the Key West/Stock Island area
and 21% in the Upper Keys).
The RFP was published on July 11, 2020 and bid proposals were opened on August 27, 2020 (see
attached Tabulation Sheet). Three proposals were received from the following: Island Restroom
Suites, On The Hook, and Pumpout USA (see attached proposals). A Selection Committee met on
September 17, 2020 to review, score and rank the responses. The average scores/ranking are as
follows (see attached Score Sheets):
Packet Pg. 1848
L1
Respondent Score Ranking
Pumpout USA, Inc. 128 1
On The Hook Marine Services LLC 118 2
Island Restroom Suites 2 3
The previous cost per pumpout in the previous Pumpout USA contract was $40.54 per pumpout.
The submittal by Pumpout USA proposes Keys-wide service to anchored vessels at a cost of $61.93
per Pumpout with a maximum performance of 1,000 pumps per month for a total annual cost of
$743,109.60.
The submittal by On The Hook also proposes Keys-wide service to anchored vessels at a cost of
$71.81 per pumpout to perform approximately 693-971 pumps per month (based on seasonal
demand) for a total budget of $743,091. As previously mentioned, this vendor is also providing
temporary pumpout service in the Upper Keys which began on October 1. Registration for this
service has been steadily increasing with the vendor encouraging participation by actively
coordinating with boaters and local businesses. In addition, they have done an excellent job
coordinating with County staff on reporting needs and securing dockage and sewage offloading sites.
The submittal by Island Restroom Suites included a one-page letter indicating that they did not
become aware of the RFP in time to provide an adequate proposal. However, the letter outlines their
business experience and qualifications, and a desire to be considered for this service if another
company is not selected. Therefore, the Selection Committee qualified this proposal for the Board's
consideration.
The Selection Committee considered all three (3) respondents to be qualified for Board
consideration (see attached meeting minutes). The Selection Committee did not recommended
selection of a particular respondent.
With regard to the temporary Upper Keys service provided by On The Hook, this contract provides
service based on a target quota of 164 pumpouts per month at a unit rate of$76.21 per pumpout for a
total contract value of $49,993.76. If the Board chooses this respondent for Keys-wide service, it
may take several months for services to commence as the vendor has not acquired the additional
pumpout vessels necessary to provide the service. To allow for this transitional period, the Board
may direct staff to extend the temporary short-term contract through a waiver of the $50,000
threshold in the Purchasing Policy if desired.
Staff is seeking direction from the Board on selection of a respondent (or multiple respondents) and
approval to begin negotiating contract(s) for service.
PREVIOUS RELEVANT BOCC ACTION:
June 2020 —direction and approval to advertise an RFP for Mobile Pumpout Services
CONTRACT/AGREEMENT CHANGES:
n/a
Packet Pg. 1849
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STAFF RECOMMENDATION: None
DOCUMENTATION:
Bid Tabulation Sheet
Score Sheets
Meeting Minutes
Island Restrooms proposal
On The Hook proposal
PumpOut USA Proposal
Sign In Sheet
RFP for Mobile Pumpout Service
Anchorage Report and Maps
FINANCIAL IMPACT:
Effective Date: n/a
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: yes
Source of Funds: BIF and Legislative Allocation
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: no If yes, amount:
Grant: yes
County Match: no
Insurance Required: yes
Additional Details:
N/A
REVIEWED BY:
Emily Schemper Completed 09/30/2020 1:45 PM
Assistant County Administrator Christine Hurley Completed
11/02/2020 3:47 PM
Bob Shillinger Completed 11/03/2020 12:01 PM
Derek Howard Skipped 11/03/2020 1:51 PM
Purchasing Completed 11/03/2020 1:53 PM
Packet Pg. 1850
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Budget and Finance Completed 11/03/2020 4:12 PM
Maria Slavik Completed 11/03/2020 4:13 PM
Liz Yongue Completed 11/03/2020 4:29 PM
Board of County Commissioners Completed 11/17/2020 9:00 AM
Board of County Commissioners Pending 12/09/2020 9:00 AM
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Respondent: Suites Marine Services, Inc.
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Total Score: M. Roberts 0 119 136
Total Score: M. Santamaria 4 105 133 in
Total Score: Lisa Tennyson 0 130 100
Total Score: Chery Sullivan 0 121 141
Total Score: Celia Hitchins 5 114 131
Total Points 9 589 641
Average Score 1.8 117.8 128.2
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RFP-32 -0-2020/la
Mobile Vessel Pumpout Service
SELECTION COMMITTEE
September 17, 2020 Meeting Minutes
The Selection Committee (Committee) conducted a virtual meeting on Thursday, September 17, 2020 0.
beginning at 1:30 p.m. The following Committee members were present: Michael Roberts, Assistant
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Director Environmental Resources; Mayte Santamaria, Senior Planning Policy Advisor; Cheryl Sullivan,
Director of Solid Waste Management; Lisa Tennyson, Director of Legislative Affairs and Celia Hitchins, —
Marine Resources Senior Administrator. The following members of staff were present: Derek Howard, y
Assistant County Attorney; Jethon Williams, TV/Multimedia Manager; Brittany Burtner, Marine Planner.
Seven members of the public were in attendance.
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The Committee discussed the Objective of the Request for Proposals,the score sheets,and the submitted
proposals. A total of three proposals were submitted, including: Island Restrooms Suites, On The Hook
Marine Services, LLC, and PumpOut USA, Inc. All three responses were discussed. It was noted by all y
members that the proposal by island Restroom Suites was incomplete, and non-responsive to the RFP o
criteria. There was discussion regarding respondents' suitable equipment, past performance, and the
County's satisfaction with past projects in the county.
The Committee then reviewed and discussed the proposals, specific to the Scoring Criteria described in
the Request for Proposals. After thorough discussion of each of ten criteria, and comments from each
committee member, individual scores for each criterion were provided by each committee member. Final
ranking was determined by averaging the committee members'total scores(taut of a possible 150 points).
The final ranking was as follows:
Ranking Firm Avg. Score
1- PumpOut USA, Inc. 120
2- On The Hook Marine Services, LLC 118
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3- Island Restroom Suites 2
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The selection committee unanimously agreed that all three responses are qualified, and would be W
recommended to the Monroe County Board of County Commissioners for selection approval.
There being no further business, the meeting was adjourned at 4:00 pm.
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Minutes prepared b �r
Brittany Burtner,Marine Planner
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To whom it may concern: CL
My name is Brandon Davis,owner of Island Restroom Suites in"Tavernier.I did not become aware of the RF P for
the Monroe County Marine Pump-out Semce until two days ago.This slid not allow me adequate time to get y
questions answered or to prepare the required documents before the laid opening scheduled for today.If a suitable
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company is not selected from this RRF„I would very much appreciate consideration for tlbis service.
Island Restroom suites is a provider of portable restrooms,portable shower and restroom trailers,and mobile pump
out service including vessels throughout the keys. We currently only provide the marine pump-out service from `9
service trucks on land.However,I believe many synergies exist between our current services offered and the;
proposed marine pump-out service.
Island.Restroom Suites is permitted by the Florida Department of Health,insured,and has the proper service chain e
in place to properly dispose ofliq id waste. We have been in business since 2414 and have provided extensive ca
services to the Florida Departaneni.of Environmental Protect ion and the United States Depamment of Agriculture
t1trouSbout the keys. As the business owner,I have extensive experience in sanitation as well as an f+fll3Pr and
finance degree from the University of Florida. I am a resident of the upper keys with a vested interest in keeping our
waters clean and also have sipificant expo ence operating vessels up to 30 ions throughout the Key& �
Keys-wide service is imperative for service quality,cast control,and most importantly water€uality. Seamless
integration of online registrations,pump<out scheduling,pump-out data trackin&and correct,invoicing mill be
imperative and only possible through technology system invest nca.A brief pro forma budget based on the
historical data pmvided will exceed the rent proposed budget.I am open to exploring options with the county to �
stay within the proposed budget.
I thank you for your time and appreciate ownsidaution for this upcoming service. I am available anytime on my cell y
at 2 9-340- S_I may also be reached at the office 786-766-10,67 or via email
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All the best,
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Brandon J.Davis
President
Island Restroom Suites
Packet Pg. 1863
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Proposal for Mobile Vessel Pump out
Service
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Submitted by:
On The Hook Marine Services,LLC
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Contact: Chris Webster
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Te le p h o n e:305.394.2937
Address:930 Truman Ave.,#75, Key West,FL 33040
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Table of Contents:
Tab 1 Respondent's Approach tothis Project
Tab 2 Past Performance,Qualifications,and Service Description
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Tab 3 References 0
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Tab 4 Staffing
Tab 5 Respondent's Background Information
Tab 6 Litigation
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Tab 7 County Forms and Licenses CL
Certification Regarding Debarment or Suspension(AttachmentA) 0
Condition of Submitting Proposal(Attachment B)
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Lobbying and Conflict of Interest Clause(Attachment C)
Non-Collusion Affidavit(Attachment D)
Drug Free Workplace Form (Attachment E)
Public Entity Crime Statement(Attachment F)
Insurance and Indemnification Statement See Attachment3,email from insurance broker
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Tab 1 Respondent'sA roach tot is Project
I. The approach to this project is to provide responsible,responsive,and qualified mobile marine
vessel sewage pump out service("mobile pump out service","mobile pump out service
opera tions",or It rvice"/"se rvice")to anchored-out vessels throughout waters of the Florida 0.
Keys within Monroe County,Florida. Additionally On The Hook Marine Services,LLC was
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recently awarded a temporary contract by Monroe County to provide temporary pump out
services to the Upper Keys. All of the learnings gained through this experience will be applied in
performing its duties as outlined in the contract.
On The Hook,LLC will provide the following equipment to ensure all requirements are met:
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• Two full sized pickup trucks to tow the vessels for maintenance and deployment of the third CL
vessel as needed
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• GPS equipment that will be linked to an app for collection of operational,financial and reporting
data.
• Computer equipment for reporting and the storage of operational and financial data, including y
backup procedures of the data
• Operational staff possess deep understanding and extensive experience of marine pump outs,
administration and environmental laws.
• Pump out services are provided weekly to all vessels alongwith emergency services.
• Pump out equipment sufficient to provide outstanding service to the County and boat owners.
• Proper insurance and requisite licenses.
• Identification of pump out facilities to allow for the properdisposal of waste.
• Procedures and training that follow local and federal laws regarding the handling of waste.
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Three suitably equipped pump out vessels.Afourth vessel can be purchased should the demand 0)
arise.All boats are trailerable and easily moved to different locations throughout the Keys if needed in
orderto fulfill contractual obligations.The vessels will be stored at the following locations
1. One boat based in the Upper Keys to serve Jewfish Creek to Sugarloaf
2. One boat based in Key West to serve Key West up to Sugarloaf
3. One boat to be used as reserve to maintain schedule of pump outs. 76
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Vessel Specifications
24 ft Carolina Skiffs equipped with new EMP industry's marine pumps along with 275 gallon holding
tanks 115 hp Yamaha outboards m
Waste Disposal
Waste disposal will be done at approved Monroe County marine pump out facilities.
Packet Pg. 1866
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Tab 1 Respondent's Approach t0 this Project
II. The preliminary budget is$743,091. Funding sources will be a combination of private capital
0
and a bank loan.The price per pump out is $71.81. Given the seasonality of the number of boats 0.
present in the Florida Keys,it is estimated the number of pump outs by quarter is as follows:
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1Q21 -2,912 pump outs at$209,111
2Q21 -2,496 pump outs at$179,238 y
3Q21 -2,080 pump outs at$149,365
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4Q21 -2,860 pump outs at$205,377
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Tab 2 Past Performance,Qualifications,and Service Description
I. All officers involved in On The Hook have operated many large projects in many different fields
(construction,project management,marine)on budget and on time with great success.As an
example,Chris and Quinn Webster'sfamily business have the largest pump out business in
North New Zealand(Steve's Take away). On average,approximately 2000 large capacity pump
outs are done annually. Chris and Quinn worked on the front lines of this business forthe past 0
30 years servicing customers and performing pump outs. C:5L
All vessels in the course of a day's work will a G PS device with the capabilities of collecting and
reporting data including, name of vessel date time volume of pump out and location. An app will be
used by the field workers to assist in the collection of all pertinent data.This data will then be inputted
by the office staff to produce the requisite county reports. CL
0
II. Below is a summary of the relevant past performance and professional accomplishments of
the three corporate officers y
Quinn Webster,President
Quinn is a highly experienced hard hatdiverwith multiple qualifications in marine work. He's also W
been a project managerand foreman in the steel and roofing industries.His ability to get any project
accomplished is second to none.
0
Quinn is an extreme environmentalist when it comesto ouroceans having been involved in the
scrapping of the Container Ship,the Rena,that hit a reef in New Zealand that demanded all traces
of this vessel be removed from the ocean floor.He worked for Resolved. You m ay contact Carl
Hogan at+64 9232 8078, who can speakto Quinn's work on this project. ¢`-
0
He is currently the president of On the Hook Marine services and the holder of an Alaskan sea
cucumber license that he personally has worked forthe last ten years.
0
Additionally,you may contact Steven Websterat Steve'sTakeaways in New Zealand at+64 9405
0985 to learn more about Quinn's work at this company.
Quinn has attended HAZWOPER course,which teach OSHA regulations for workingwith hazardous
waste,as well as the G HS Hazard Communication Standard.
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0
0.
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Chris WebsterVice president of Operations
0
0
Chris has worked his entire life in the marine and construction industries.A current resident of the
liveaboard community of the Florida Keys,he is well versed in the requirement of marine pump m
outs.Chris has been a Florida (and otherstates)state licensed contractor,attended annual
continuing education courses in hazmat and asbestos.He has also passed his Six Pack license course,
100-ton license course,Sailing Endorsement course and Marine Towing course.
m
Chris has lived on a sailboat in the keys since 2002. He has a love,passion and deep appreciation for
a clear water environment.
Packet Pg. 1868
1.1.e
Chris worked for his family business,Steve's Take aways,in New Zealand,the largest pump out
business in the far north of New Zealand. Being boat owner and sailor, Chris has been pumping his
own vesseIs for the past 20 plus years.
Chris was a roofing contractor for over30 years after being injured in the diving industry and has
taken on many large roofing contracts in both the commercial and residential If including many
governmentand military bid contracts.
0
0.
Chris is an active sailor in Key west and has participated in wreckers races,races to Cuba,the Bloody
Battle,lighted boat parade and recently ran to trips on his sailing vessel Madre Maria with relief CL
supplies and bicycles to the Abacos in the Bahamas with the Conch Republic Navy and Key West
CARES.
Chris has taken on and completed all contracts that he's started.He has also taken overcontracts
and finished them successfully.There is nothingthat will stop him gettingthe job done right.
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Robert Ernst, Upper Keys Operations Manager o
Robert is a twin engine pilot,operated Concorde Construction Inc and was a project managerfor MJ
Anderson Construction out of West Palm Beach. Robert has undertaken large multi-story y
construction projects that were successfully completed on time and on budget. Chris and Robert
have worked successfully for many years on multiple of projects in and out of the state of Florida.
He is currently a Florida licensed construction inspector.
Robert has been an avid boaterand scuba diver forthe last 40 years and is also a clean water
activist.
0
III. All three team members have been involved,but not limited to,hazmat situations and
remediation.They have all attended multiple courses overthe years in orderto stay compliant CD
with the contracting licensing requirements.
Below is a summary of the technical, educational and training experience of the three corporate o
officers.
Quinn Webster—Quinn'straining and experience can be found in more detail in Attachment 1(Quinn
We bste is CV)
Chris Webster-Chris has been a Florida(and other states)state licensed contractor,attended annual continuing
education courses in hazmatand asbestos.He has also passed his Six Pack license cou rse,100-ton license course, W
Sailing Endorsement course and Marine Towing course.
Robert Ernst—he currently is a Florida state licensed inspectorand holds his pilot's license. He has held SCUBA o
0.
license. He has attended multiple marine safety courses overthe past40 years.
0.
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IV. The following is a detailed answerto the requirements as outlined in the RFP:
0
The equipment used will be:3-24' Carolina skiffs powered by 115 hp Yamaha engines outfitted with m
275 gallon holding tanks,brand new Honda powered EM P marine pump out equipment capable of
loading and off-loading marine waste to authorized pump out facilities. Each vessel will have GPS
devices used to collect required reporting data.All vessel operators and crew will be trained in the
safe operations of all equipment. m
Administrative staff are extremely computer literate and capable of transferring all relevant data
required by Monroe County.
Packet Pg. 1869
1.1.e
One vessel will be located in the Upper Keys,a second will be located in the Lower Keys and the
third vessel will be located on Stock Island to be used anywhere in Monroe County as needed to y
facilitate this contract. Maintenance for all vessels will take place at the Stock Island location.
Two full sized pickup trucks capable of towing the vessels as needed. 0
Administrative office will be located on Stock Island. 0
0.
Kim Stamps,a holderof a bachelor's degree in Business Administration from University of West 0
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Florida,will be responsible for providing the required data and billing to the County. Her
background includes accounting positions in Corporate America and is well versed in accounting
software.She is involved in various environmental cleanup projects throughout the Keys,including
Conch Republic Marine Army and Surf Rider.On The Hook will use the required software programs
and communication devices to provide the County with all requisite reporting data in timely
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manner.
Vessel operators will be hired as needed.Chris Websterand Robert Ernst will also be vessel 0
operators and training new staff as needed.
0
V. No subcontractors will be used. All services will be provided by staff at On The Hook Marine
Services,LLC.
VI. On The Hook'sservice area includesall ofthe Florida Keys. Service will be provided by one
vessel located in the Upper Keys and a second vessel located in the Lower Keys. A third
redundant vessel will be kept on Stock Island,which will be transported to areas in the Florida
Keys as needed. �0
VII. The service period is from January 1, 2021 to December3l, 2021
VIII. On The Hookwill supply one pump out per vessel once perweek,with a daily schedule to be
determined.On The Hook will ensure each vessel receives service weekly and will work to
ensure this is met.When inclement weatherarises,On The Hook will work extra hours to ensure 0
all vessels are serviced weekly. 0
IX. On The Hook understands that no cost will be incurred by registered pu mp outvessels.
X. Upon award of this RFP,we expectto fully operational by November 1,2020. Starting
September4,2020, we will have one fully operational vessel in order to service a temporary
pump out contract awarded by the County forservice to the Upper Keys.
XI. On The Hook was recently awarded a temporary contract to service the Upper Keys. On The 76
Hook will be fully operational within 60 days of being awarded the contract. On the Hook will
0.
also as a courtesy have available 24-hour contact numbers in case of on-board holding tank
failures and need emergency service 0.
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Packet Pg. 1870
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Tab 3 References
Mark Hutchins,OwnerTow Boat Key Largo, known since 1990, 305.942.4209. Mr. Hutchins provides
0
marine towing services in the Upper Keys 0.
0
Jim Gillaran, Ownerof801, Key West,305.303.2400, Mr. Gillaran worked with Chris Webster organizing CL
relief efforts forthe Bahamas when Hurricane Dorian hit the Bahamas
Jeff Salzman,managerof Sail Key West,305.587.4488, worked with Chris Webster coordinating logistics
of customers to sail throughout the Keys
0
Bobby Mangelly,owner Hogfish Bar and Grill, Roostica and Geiger Key,305.923.6000, Mr. Mangelly can CL
attestto Chris Webster's marine experience and expertise
0
Jim Scholl,former City Manager of Key West and Commander of NAS,305.304.4379, Mr.Scholl can y
provide a character reference forand attestto Chris Webster's marine expertise
0
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Packet Pg. 1871
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Tab 4 Staffing
a. Field Management staffingwill be as follows
0
Quinn Websterwill be responsible fortotal operations of On the Hook Marine Services in all phases of 0.
the operation. 0
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Robert Ernst operation manage rfor the upper keys will be responsible for scheduling and hiring all
personnel v,
Chris Websterwill be the operations manager responsible forschedulingand hiring of all personnel and
coordinating with Robert Ernst in maintaining a on -time schedule with all scheduled vessels
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Kimberly Stamps will be accounting and overall office management and billing liaison between On The
Hook Marine Services and Monroe County
0
b. None
c. No volunteers will be used.
d. The prerequisites of the staff included, but are not limited to: N
a. Extensive knowledge and experience navigatingthe waters of the Florida Keys
b. Extensive experience in the field of pump outs,which was gained the family business in
New Zealand 0
c. Chris Webster has had a boat for the last 35 and has personally pumped out his own
boat
d. Experience and knowledge of marine mechanics and onboard plumbing
e. A deep understanding of holdingtanks and vent valves,including the installation of 0
holding tanks and ventilation valves.
f. On The Hook will be utilizing a GPS app to document time and dates and amount of
waste pumped.
With a combined 75 yearsof experience in all of the prerequisites listed above,On The Hook is
well qualified to performthe services outlined in this RFP. W
76
Staff will be trained on all vesseland equipment operations.Staff will also be trained in customer
0.
service,as well as required documentation forthe county. Employees will be trained in all aspects of the
0.
environmental laws pertainingto all servicescovered underthis RFP.
0
0
e. Turnoverrate— not applicable. Initially, the officerswill be performingthe day to dayoperations
m
of the company.
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Packet Pg. 1872
1.1.e
Tab 5 Respondent's Background Information
a. Please see Attach ment2d eta ilingthe answers tot his section
b. The company was recently formed by Chris Webster and Quinn Webster and Robert Ernst to 0.
supply marine pump out services of moored vessels in Monroe County,FL. All three managing 0
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partners have a combined 75+ years of on-water experience with extensive experience in a,
supervising many contracted projectsand getting the job done and on budget. All involved in
the company are environmentalists and are firmly committed to the success of this contract
with Monroe County.The legal structure of On The Hook Marine Services in an LLC.
0
The office location is 930 Truman Avenue,Key West,FL33040
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The vessels will be stored at the City Marina of Key West and at a marina to be decided in the Upper 0
Keys.The backup vesselwill be stored in a storage yard on Stock Island. y
c. On The Hook Marine Services was formed in 20202 and Chris and Quinn Webster have provided
these services in their family owned business in northern New Zealand.
d. d. Formed in 020, On The Hook Marine Services,LLC was formed to bid on this contract. It has W
not operated underany other name.
e. Quinn Webster,President
0
Chris Webster,Vice President of Operations
Robe rtErnst, ManagerofUpper Keys Operations
12
f. Quinn Webster,President 0
Chris Webster,Vice President of Operations
Robe rtErnst, ManagerofUpper Keys Operations
g. On The Hook Marines Services,LLC has not been involved in any litigation either described in
this RFP or any other litigation
h. On The Hook Marine Services,LLC is registered with the State of Florida and has its Occupational y
License with Monroe County. 0.
0
0
0
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Packet Pg. 1873
1.1.e
Tab 6 Litigation
I. No principle officer has failed to complete to not provide goods and services
II. There are nojudgements,suits oraudits filed against any principles of On The hook Marine
Services 0
III. No lawsuits or have been filed against any entity by any principle of On The hook marine 0
Services CL
IV. No principle has everfiled a lawsuit against any county
V. No principle has everfailed completingany projects period
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0
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Packet Pg. 1874
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Tab 7 County Forms and Licenses
The requisite licenses have been obtained and copies are contained within
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Packet Pg. 1875
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ATTACHMENT ENT A
Certification Regarding Debarment or Suspension
In compliance with Agreements and grants agreements applicable under the U.S.
Federal Awards Program, the following certification is required by all Proposers )
submitting a proposal in response to this Request for Proposal:
0.
1. The Proposer certifies, to the best of its knowledge and belief, that neither the
Proposer nor its Principals are suspended, debarred, proposed for debarment, or
declared ineligible for the award of Agreements from the United States federal
government procurement or non-procurement programs, or are listed in the
Excluded Parties List System in the System for Award Management (SAM) issued
by the General Services Administration.
2. Principals, for the purposes of this certification, means officers, directors, owners,
partners, and persons having primary management or supervisory responsibilities
within a business entity (e.g., general manager, plant manager, head of a subsidiary, y
division, or business segment, and similar positions).
3. The Proposer shall provide immediate written notice to the MCBOCC Director of W
Purchasing if, at any time prior to award, the Proposer learns that this certification was
erroneous when submitted or has become erroneous by reason of other W
circumstances.
4. This certification is a material representation of fact upon which reliance will be �i
placed when making the award. If it is later determined that the Proposer rendered an
erroneous certification, in addition to other remedies available to MCBOCC's Director
of Purchasing may terminate the Agreement resulting from this solicitation for default.
0
Printed Name of Representative:
Signature ' r
Company Name: A LC
Address: f� � t °®
City/State/Zip:
c
SSN or E!N No: .
24
Packet Pg. 1876
1.1.e
ATTACHMENT B
Condition of Submitting Proposal
The undersigned Proposer has carefully examined all instructions, requirements, specifications,
terms, and conditions of the RFP and Agreement and certifies:
1. It is a reputable company regularly engaged in providing goods and/or services
necessary to meet the requirements, specifications, terms, and conditions of the RFP
and Agreement. 0.
2. It has the necessary experience, knowledge, abilities, skills, and resources toCL
satisfactorily perform the requirements, specifications, terms, and conditions of the
RFP and the Agreement. Further, if awarded, Proposer agrees to perform the
requirements, specifications, terms, and conditions of the RFP and Agreement.
3. All statements, information, and representations prepared and submitted in response
to the RFP are current, complete, true, and accurate. Proposer acknowledges that 12
CL
Monroe County Board of County Commissioners' (MCBOCC) will rely on such
statements, information, and representations in selecting the successful proposer(s). c
0
4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the y
time stated in the RFP.
5. It shall be bound by all statements, representations, warranties, and guarantees made a
in its Proposal.
6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict
of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole
discretion.
7. All purchase orders must be duly authorized and executed by MCBOCC and subject to
the terms and condition of the RFP and Agreement.
❑ By checking this box, Proposer agrees that MCBOCC reserves the right to extend
the terms, conditions, and prices of this Agreement to other Institutions (such as
State, Local and/or Public MCBOCC) who express an interest in participating in
any Agreement that results from this RFP. Each of the piggyback institutions will c
issue their own purchasing documents for the goods/ services. Proposer agrees
that MCBOCC shall bear no responsibility or liability for any agreements between
Proposer and the other Institution(s) who desire to exercise this option. W
4 F
VENDOR LEGAL NAME: y
AUTHORIZED SIGNATURE DATE: 0.
PRINT NAME: TITLE:
pp
6f,)k ?
ADDRESS- CITY, STATE, ZIP:
PHONE: EMAIL: ,
25
Packet Pg. 1877
1.1.e
ATTACHMENT ENT C
LOBBY ING AND CONFLICT OF INTEREST CLAUSE ,
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
ONROE COUNTY, FLORIDA
ETHICS CLAUSE
0
(Company)
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"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
CL
any fee, commission, percentage, gift, or consideration paid to the former County officer or employee."
(Signature)
Date:
J2-
STATE OF: !a'(
da-
COUNTY OF:
Coe
0
Subscribed and sworn to (or affirmed) before me, by means of physical presence or ❑ online
notarization, on
(date) by (name of affiant). He/She is personally
known tome or has produced L (type of identification) as
identification.
N
c
s,,aVp�e, MIA CASTILLO
o
my COMMISSION 4Gc21Q2s1 NOTARY PUBLIC
I9�oFF1-0'Po EXPIRES'..tune 12,2022 �,-- �
My Commission Expires-
26
Packet Pg. 1878
1.1.e
A T TACHMENT D
NON-COLLUSION AFFIDAVIT
I, C G6 W of the city of K Gj according
to law on my oath, and under penalty of perjury, depose a d say that: .2
am e 5'� of the firm of
kook- a the respondent making the Proposal for the 0
project described in the Nofce for Calling for bids for: 'Y "ef� E
� , and that I executed the aid proposal with ull authority to
do so:
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;
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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 y
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 Z'
competition; and
The statements contained in this affidavit are true and correct, and made with full knowledge �i
that Monroe County relies upon the truth of the statements contained in this affidavit in
awarding Agreements for said project.
R ..
(Signature of Respondent) (Date) z
C
0
STATE OF: ..I �
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
s who, after first being sworn by me, (name of individual signing) ffixed his/her 0.
signature in the space provided above on thi y of „n� . 20
T
0
NOTARY PUBLIC 2otPA Pe<c MIA CASTILLO
My Commission Expires: N
MY COMMISSION 4 GG214291
�FOF�oe� EXPIRES:June 12,2022 0
27
Packet Pg. 1879
1.1.e
ATTACHMENT E
DRUG-FREE WORKPLACE FOR
The undersigned vend r in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
0
1 . Publishes a statement notifying employees that the unlawful manufacture, distribution, 0.
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. 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 bid a copy of the statement specified in subsection (1).
0
0.
4. In the statement specified in subsection (1), notifies the employees that, as a condition of T
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty W
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee 12
who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
STATE OF N
e of Respondent)
COUNTY OF �? O natu o 0.
le
Date c
PERSONALLY APPEARED BEFORE ME, the undersigned authority, c
� m
M-WSVONrl who, after first being sworn by me, (name of individual signing) 1_
affixed his/her si nature in t e space provided above on this
d� i f' oar MIA CASTILLO
p
IUA
day of c 20 U
MY COMMISSION 4 GG2142
My commission expires: NOTARY PUBLIC �f � x�'IREs June I2,202.
28 pq
Packet Pg. 1880
1.1.e
ATTACHMENT F
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity,
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor, -or CONTRACTOR under a contract with 0.
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of CL
being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
CL
(Signature)
0
Date:
STATE OF:
W
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of hysical presence or ❑ online
notarization, on ' �l p�� ah
(date) by
(name of affiant). He/She is personally known to me 0)
or has produced p �- �- (type of identification) as identification.
)b1c
E11V'MXPI11
�CASTILLO NOTARY PUBLIC
MMISSION#GG214281 a �� y ruM Commission Ex fires:ES:Jule 12.2022 y p � 0
0
0
29
Packet Pg. 1881
1.1.e
.ram _...
WebsterQuinn CV
Muzza86@live.com
Phone Number 239 370 8660
Certifications & Qualifications 0.
CL
• ADAS part 3 Unrestricted Surface Supplied Diver to 50m Nitrox
&Chamber operator endorsed (Exp-12/2016) ,
• ADCI Surface Supplied Diver (Exp—13/03/2018)
• BOSIET OPITO Approved (Exp—07/28/2018
0
• Class "A" rigging (Exp 01/2015) CL
• Class "C" Hydraulic Crane operator(Exp-01/2015)
• Safe Gulf Offshore and Land Basic Safety Awareness (Cal Dive) 0
• Oxygen First Aid (Exp 08/2017) Firs Aid and CPR (Exp 08/2017)
0
• Confined Space Emergency( issued 08/2015)
• Dive Medical -AS/NZS2299 pt 1-Valid for One Year(Exp-02/2018)
• Kirby Morgan repair and maintenance technician (Exp-0S/2013)
• HAZMAT-OSHA 29 CFR 19.120 (Occupational Safety and Health Administration)
• HAZWOPPER-Contaminated Water Diving Procedures (Washington Administrative Code)
• NDT-UT and MP trained -ASNT 0
CJ
• Certificate of Competence for Occupational Diver(Department of Labour NZ-Exp 01/2017)
• Trans Worker Identification Card (Exp-03/2015)
12
• New Zealand Passport(Exp 08/2019)
• American Passport(Exp 08/2026)
r_
0
Offshore Work Experience
Dive Co-Taharoa,New Zealand W
Vessel: Margaret J (Subsea Bose Change out) 06/2016-Diver
• Sea Bed Survey 0.
0
• Subsea Hose Location
• Air lift Operations
• Subsea Hose Removal
• Subsea Flange-ups
• Midwater Flange-ups
• Underwater Rigging (Tirfors, Hand tools, Snatch blocks)
• Hose Inspection
• Pressure Test
Packet Pg. 1882
1.1.e
G
• Chamber Ops
• Topside Rigging and Deck work
Resolve Marine &Salvage—Bay of Plenty, New Zealand
0.
Barge:RMG 1000(RENA Project)06/2014—04/2015(Diver)
• Underwater Burning CL
• Underwater Rigging
• Seabed surveying
• Debris locating
0
• ingot removal CL
• Copper Removal
0
• Oil Removal
• DESMI pump operation for oil removal
• Penetration of Wreck y
• Chain removal
• Penetration Survey Z'
• Debris Sifting 2
• Topside Burning and Welding
• Weld Washing
• Crane Ops
• Rigging and Deck Work
• Forklift Operation
• Bobcat Operation
• Barge and Tool Maintenance
• Barge Mobilization and De-mobilization
0
NZ Diving and Salvage,Taharoa, New Zealand 0.
0
Vessel: DSV He nestral (04/2012-08/2012)(Diver)
• SPM Relocation o
0
• Survey and Excavation with Airlift
• Subsea Hose Installation
• Water Glen and Pipe Installation
• Clamp Installation
• PLEM Installation
• Inspections
• Hydraulic tools, Lift Bags,Winches,Tirfors, Hand tools
Packet Pg. 1883
• Remove and Install Piles
• Inspection on Chains and Chain Stoppers in
• CP readings on Pipes on PLEM
• Topside Rigging and Deck work
• Riser Clamp Installation
• Spools and Riser Installation 0.
• Growth Removal C:5L
• Riser Clamp Removal
• Riser and Spool Removal cn
• Umbilical Removal
• Video Inspection
• Hull Inspection CL
• Hydraulic tool use and maintenance
0
• Operated Hydraulic Crane and Rigging
• Deck work with Hot Tap, Subsea Assembly,Smart flanges, and Pressure Tests
• Topside Burning on Scrapping jobs
Cal Dive Int. Gulf of Mexico
Vessel:SDSV Cal Diver 2 (08/2011-09/2011)(Entry Level Diver)
• Riser removal
• Plug and Abandon
• Hand Tool Use
• Hydraulic Tool Use
• Tool Maintenance
• SAT Bell Launch and Recovery
• Air Tugger Operation
• Rigging and Deck work
Cal Dive Int. GOM
Vessel: SDSV Cal Diver 1(OS/2010-08/2011)(Entry Level) 76
• Riser Clamp Installments
• Spool and Riser Installation
• Growth Removal
0
• Riser Clamp Removal 0
• Riser and Spool Removal m
• Umbilical Removal
• Video Inspection
• Hull Inspection m
• Hydraulic Tool use 0
• Hand tool use
Packet Pg. 1884
ry
• Hydraulic Tool Maintenance
• Rigging and Deck work
• Chamber Ops
• Crane Ops
• Deck work (Hot Tap, Sup sea Assembly, Smart Flanges)
0
• Top side Pressure Testing 0.
• Topside Burning CL
• SAT Bell Launch and Recovery
Inshore Work Experience
Contract Diver New Zealand and USA 12/2011-Present(Diver)
(Whitney Diving,Specialty Under water Services, River Diving and Salvage, Lake Erie Diving, CL
Freelance Corn. Diving, Diver Services, Ohio Underwater Solutions, Dive Co, Pacific Diving, Papakura
Diving Services) o
• Air Lift Operations
0
• Growth removal and Piling Inspection y
• Survey and Removal of Barge
• Super Yacht loading
• Rigging
• Diversion Tunnel Inspection
• Class A Hull Surveys o
CJ
• Hydraulic Hull Scrub
• Prop Polish ;�,
• Anchor Recovery
• Scientific Diving
• Hull Inspections
0
• Anode Replacement
• Seawall Inspections
• Piling Wraps
• Prop Pulls 76
• Coffer Box Relocation
• Air lifting
• Jetting
0
• Splash Zone Application
• De-Icing Gate Inspection
• Deicing Gate Removal/Repair
• Underwater Burning
• Bulkhead Removal/Installation
• Screen Inspection
• Debris Removal
Packet Pg. 1885
• Gate Packing
• Locking Nut Installment
• I-beam and Cross Beam Emplacement
• Pneumatic Hammer Drill Use
• Anchor Bolt Fixing
0
• Crane Ops 0.
• Underwater/Topside Rigging CL
• Inspection Diving
• Impact Guns cn
• Tending, Rigging, Deck work
• Confined Space Diving Ops
• Dry Dock Salvage CL
• Equipment Maintenance o
• Buoy Battery Replacement
• Pipeline Repair
• Plug Emplacement
• Video Inspection
• Dam Outfall Repair N
• Waste Water Treatment Diving
• Waste Water Pumping
0
• Gate Valve Repair cJ
Dive Fishery Juneau, Alaska
Vessel®Theresa, Madrona (10/2011-11/2011,2012,2013, 2014,2015,2016,2017,2019)(Diver)
• Sea Cucumber Harvesting
• Nitrox Blending
• EAN Diving 301
• Topside and Underwater Rigging
0
Construction Experience
Supreme Erecting/Steel Building Solutions(Project Manager) (9/18-9/19) 76
Multiple Multistory storage facility/Medical supply building/Airplane Hangar/PE
• Sold Jobs
• Responsible for planning and overseeing a specific project or a wide range of different
construction projects from beginning to end o
• Kept Track of Material Status m
• Submitted Change Orders
• Consulted with Building Department/Engineers
• Engaged Solutions for Client with Supplier issues for add on
• Collaborate with subcontractors o
• Submitted Bids
Packet Pg. 1886
• Outsourced Material and Machinery for projects
• Set up training Program for new employee
• Contributed to Company handbook
• Ensure all Regulations abided by as
• Over saw multiple projects spread out of 30 Employees in teams of 5-6
• Ensure all safety Procedures executed '
0
• Over Seen and Installed Tilt Up Panel doors CL0
• Met Deadlines
0
R2 Const. (Foreman) (4/17) CL
Cube Smart Self Storage
0
3 Story multistory storage facility building/S Story Structural Steel,All PE .
• In charge of Install of metal products of a team of 8 (medium gauge stud/Box
0
Headers/composite B Decking/Sheer walls/Heavy gauge Structural Steel/Roof Decking/Standing y
seam Roof/PBR Panels/Insulated Kingspan Panels vert. and horiz. )
• Reading Blue Prints/Solving problems on drawings/communicate with engineers on solutions
• Operate and Inspect Machinery in reference to Steel Install
• Managed a Team from 4-10 employees
• Trained Inexperienced Personnel 0
CJ
• Crane Ops(Set Ac Units, Roof Panels, Structural Steel, Elevator Pistons
• Communicated/Resolved with Other Trades for unforeseen problems/solutions
• Submitted Change Orders
• Kept project deadlines 0
r-
0
Agruline(Contract Labour)(2016)
• Effluent Pond Installation
• Work around Diggers
• Waste Water Storage Construction '✓
• HDPE Welding
0
0.
• Power Station Storage Pond Repair
0.
• Pressure Testing
0
• HDPE Seam Welding 0
m
Farrell Contractors/Webster Contractors(Foreman)2004-2009
• Machine Operator
• Metal Roofing Installation
• Steel Building construction 0
• Rigging and Crane Operations
Packet Pg. 1887
f
Education
High School Diploma, Naples High School Naples, FL 2005
0
Divers Institute of Technology, Seattle, WA 05/2010
Kirby Morgan Hat Technician, Seattle, WA 05/2010
Nitrox Training
First Aid,CPR, 02 Admin 0.
Confined Space Training 0
CL
Southern Crane and Hydraulics, Morgan City, LA 2011
BOSIET training Wood group, New Plymouth, New Zealand 2014
0
Professional References Available on Request.
CL
0
0
0
0.
0
0
0
0
r-
0
76
Ch
0
0.
0
0
0
m
m
0
Packet Pg. 1888
1.1.e
ATTACHMENT 2
On The Hook Marines Services, LLC
930 Truman Aveneue,#75 0.
Key West, FL 33040 CL
August 27,2020
RE:Response to Request for Proposals for Mobile Vessel Pumpout Services,Tab 5,item a.
CL
Dear Sir or Madam; o
Attached please find the detailed answerto the above captioned matter.
0
Introductory letter of On The Hook Marin Services LLC
This companywas formed by Quinn and Christopher Webster to supplycomplete full service to pump out moored W
vessels in Monroe County
Quinn Webster,President
0
U
Quinn is a highly experienced hard hatdiver with multiple qualifications in marine work He's also been a project
manager and foreman in the steel and roofing industry.
His abilityto get any projectaccomplished is second to none
CD
Quinn is the fatherof one,an avid sailorand extreme environmental istwhen itcomesto ouroceans having been W
involved in the scrapping of the Container Ship the Rena that hit a reef in New Zealand that demanded thatall traces
of this vessel be removed from the ocean floor o
He is currentlythe presidentofOn the Hook Marine services and the holder of an Alaskan sea cucumber license that U
he personally hasworked forthe lastten years
0
0.
Chris Webster,Vice President and Operations Manager
Chris has been a sailorand rugby playerall his life as well as a hard hat commercial diveroutof Morgan city
Louisiana o
Having raised his two sons and daughter in Naples FI and has been in and out of the keys since 1982 a sail boat in
the keys since 2002,lived in the keys full time residentsince 2007 and has a love and passion for a clearwater
environment
My familyin New Zealand who myself and myson Quinn have worked for on differentoccasions own the largest
pump outbusiness in the far north of New Zealand.Being a boatownerand sailor Chris has been pumping his own
vessels for the past 20 plus years. o
Packet Pg. 1889
�..i
Chris was a roofing contractor for over 30 years after being injured in the diving industry and has taken on many large
roofing contracts in both the commercial and residential field including many govern mentand military bid contracts
Chris is an active sailor in Key west and has participated in wreckers races,races to Cuba,the bloody battle,lighted
boat parade and recently ran to trips on his sailing vessel Madre Maria with relief suppIies and bicycles to the Abacos
in the Bahamas with the Conch republic Navy and Key West cares
Chris has taken on and completed all contracts that he's started taken over contracts and finished them there is 0
0.
nothing thatwill stop him getting the job done and done right
0
CL
Robert Ernst Vice President of®aerations Upper keys
Robert is a twin engine pilot,an and operated Concorde Construction Inc and was a project manager for MJ
construction out of West Palm Beach. Robert has undertaken large multi story construction projects that were
CL
successfullycompleted on time and on budget Chris and Robert have worked successfullyfor manytears on
multiple of projects in and outof the state of Florida
0
Robert is also a high ranking martial arts instructor and has been an avid boater and scuba diver for the last 40 years y
and is also a clean water activist 0
0
CJ
0
C
0
76
0
0.
0
0
0
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Packet Pg. 1890
8/27/2020 Gmail-Fwd:Webster,Chris/Quote
A
� s
M ,C_7man, Margaret Scholl <margaret.schol167@g ail.com>
Webster, Chris 1 Quote
1 message >
Chris Webster<klwlsailor@ic loud.com> Thu, Aug 27, 2020 at 11:03 AM
To: Margaret Scholl <margaret.scho1167@gmaiI.com> 0
0.
Insurance binder information 0
CL
Sent from my Phone
Begin forwarded message:
0
From: Jeff Searcy <Jeff@unitedatlantic insurance.com> CL
Date: August 20, 2020 at 4:29:50 PM EDT
To: Chris Webster<k1w1sailor@icloud.com>
Subject: Fw: Webster, Chris l Quote y
0
0
Chris,
Good news, Got the quote. It is better than we planned but it's because only the one boat for .N
now but we can add boats and additional crew later. Annual premium to be $4,175. couple of
items.....need a windstorm plan, see attached and need these:
Pump-out boat experience, Prior to Binding.
Detailed hurricane plan (must include removal from water for all named storms), Prior to
Binding.
Picture of Vessel, Prior to Binding.
OFAC Database Check PRIOR TO BIN
r_
Jeff Searcy
United Atlantic Insurance Group, Inc.
0
3426 Duck Ave
Key West FL 33040
305-923-8051 cell
305-748-2134 office 0
0
0.
0
This email is intended for the addressee shown. It contains information
0
that is confidential and protected from disclosure.Any dissemination or 0
m
use of this transmission or its contents by unintended persons is strictly
prohibited. If this email relates to placement of coverage,please note
that no coverage will be bound and no changes will be made without a m
written"Confirmation of Insurance",Binder, Endorsement or Reinstatement
from our office.Coverage cannot be assumed if you do not receive one of
the aforementioned notices.
https:Hmai1.google.com/mail/u/0?ik=d2da38e820&view=pt&search=all&permthid=thread-f%3A1676191294847326991&simpI=msg-f%3 Packet Pg. 1891
8/27/2020 Gmail-Fwd:Webster,Chris/Quote
From: Matt Bryant<Matthe .bryant hullco.co n>
Sent:Thursday,August 20, 2020 4:25 PM
To:Jeff Searcy<Jeff@UnitedAtlanticlnsurance.com> y
Subject:Webster, Chris/Quote
Hi Jeff, 0
0
After our review of the market and negotiating terms on your behalf,we're pleased to present the 0.
attached quote for your consideration. 0
CL
Please note: Underwriter confirmed he is ready to add crew when needed. Will be a named crew basis.
Please review the terms and let me know if you have any questions. We appreciate you choosing Hull &
Company to help serve your client.
CL
Let me know if you wish to bind coverage.
0
Thanks, y
0
Matt Bryant, CPCU, ARM,A I
Wholesale Marine Broker
Hull&Company LLC.-Fort Lauderdale -
0
1815 Griffin Road, Ste 300 E Dania Beach J Florida 33004
Ph: 954.903-4917 1 Cell: 754-303-7685 1 www.hullco.com/ftlauderdale
Ou,r . .t,, .i i ris , . Elr1'ent P, nn7 _ ,ddlress I 'la 4 gA ir.._s 0
Addressi¢r y...., 0�.ern_hn the .._..,,,e) e, Inc h e �
p si r Sa.t` 2e�:>s..: `w'j Same)
Hull &Company, Hull &Company, LLC. - Ft. Hull &Company, LLC.- Ft. Hull &Company,
LLC. Lauderdale Lauderdale LLC.
2 Oakwood Blvd., ATTN: Lockbox 934551 P.O. Box 934551 P.O. Box 21567
Ste 100 3585 Atlanta Avenue Atlanta, GA 31193 Fort Lauderdale,
Hollywood, FL Hapesville, GA 30354 FL 33335 y
33020 0.
0
0
0
CONFIDENTIALITY NOTICE:The information contained in this communication,including attachments,may contain privileged and
confidential information that is intended only for the exclusive use of the addressee. If the reader of this message is not the intended
recipient,or the employee or agent responsible for delivering it to the intended recipient,you are hereby notified that any
dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error
please notify us by telephone immediately.
BINDING NOTICE:insurance coverage cannot be bound,amended or cancelled via an e-mail message without confirmation from an
authorized representative of Hull&Co. LLC
https://mail.google.com/mail/u/0?ik=d2da38e82O&view=pt&search=all&permthid=thread-f%3A1676191294847326991&simpl=msg-P/o3A Packet Pg. 1892
8/2712020 g A Gmail-Fwd:Webster,Chris/Quote
- } _ 1.1.e
Please be advised that any and all Information, comments, analysis, and/or recommendations set forth
above relative to the possible impact of COVID-19 on potential insurance coverage or other policy
implications are intended solely for informational purposes and should not be relied upon as legal advice.
As an insurance broker, we have no authority to make coverage decisions as that ability rests solely with
the issuing carrier. Therefore, all claims should be submitted to the carrier for evaluation. The positions
expressed herein are opinions only and are not to be construed as any form of guarantee or warranty.
Finally, given the extremely dynamic and rapidly evolving COVID-19 situation, comments above do not
take into account any applicable pending or future legislation introduced with the intent to override, alter or 0
amend current policy language.
0.
0
CIL
2 attachments
0
Webster Quote.pdf CIL
148K
0
IMU Windstorm Plan.pdf 0
32K
0
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0
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https:/Imail.google.com/maillu/0?ik=d2da38e820&view=pt&search=all&permthid=thread-f%3Al676191294847326991&simpl=msg-P/03 Packet Pg. 1893
1.1.f
4Pump0utU1,h111!1il
1150 Highway 83 North
DeFuniak Springs, FL 32433
A. Cover Page
0
0.
"Proposal for Mobile Vessel Pumpout Service 08/27/2020"
CL
8/27/2020
Email: OMD-DIDSmonroecounty-floov
CL
Re: Response to Monroe County Request for Proposals for Mobile Vessel Pumpout Service
0
Attached hereto is PumpOut USA Inc.'s response to the RFP for Mobile Vessel Pumpout Services
—08/27/2020.
Respondent:
0
PumpOut USA, Inc.
1150 Highway 83 North
DeFuniak Springs, FL 32433
0
Primary Contact Person = Captain Donnie Brown
r-
0
Office: (850) 892-0807
FAX: (850) 892-0887
Cell: (850) 259-9961
2—U aff-2-UM-P outusaocom
0
The Respondent's answers to the Questions in this RFP on the following pages are answered in 0.
blue text to clearly distinguish the Respondent's answer from the Question. CL
Sincerely,
CL
Donnie Brown
President
1
Packet Pg. 1894
1.1.f
.............................................................................................................................................................. ............................................................................................... .............................................................................................................................................................
Tabe of Contents
Section Title Pages
Tara 1. Respondent's Approach to this project
4-9
I. Detailed Description of the Project Approach y
II. Preliminary Budget
0
0.
Tara 2. past performance, Qualifications, and Service Description 1 — 1
CL
I. Record of General Business Experience 1 �
II. Past Performance and Professional Accomplishments 11
III. Technical, Educational, and Training Experience 1
IV. Proposed Equipment/Facilities/Personnel 1
V. Sub-Contractors that May be Used 17
CL
VI. Service Area 17
VII. Service Period 18 c
VIII. Service Availability 1 y
IX. Purnpout Cost 1
X. Detailed Start-up Plan 1
XI. Additional Pertinent Information 1
................................................................................................................................................................................................................................................................................................................................................. ...........................................................................
Tara 3. References and Letters of Recommendation 19-29 v,
Lotter frorn the Mayor of Monroe County Commission 21
City Manager George Garrott Lotter of Support 2
Statement frorn the Ports Director for Boot Key Harbor 24
Cyr. David Vaughan Dote Marino Laboratory Lotter of Support 2S
Executive Director of Pigeon Key Foundation 26
Marathon Farina /Water`s Edge Farina LLC Lotter of Support 27 c
Boca Chica Marino Inc Lotter of Support 28
Banana Bay Resort Inc Lotter of Support 2
Tara 4. Staffing 30-33 —
a. Proposed Field and Management Staff Positions 30 —
b. Certifications and Qualifications of Personnel to be Used 32
c. Volunteers 32 v
0
d. Prerequisites for Staff (Training, Education, Experience, etc.)
e. Employee Turn-over Rate
Tara 5. Respondent's Background Information 33-39
a. Introductory Letter on Firm Letterhead 34
la. History of the Respondent 3D5
c. Number of Years the Respondent has Been in Business 3D5 CL
d. Number of Years Respondent has Operated 3D5
e. Officers, Managing Members, and Directors 3D5
f. Managing Members, Directors, Officers, and Shareholders with D5% 3D5
Stock
2
Packet Pg. 1895
............................................................................................................................................................................................................................................................................................................................................................................................................................................
g. Answers Provided for,
(i) Failure to Complete Work 33
(ii) Party to Lawsuits, etc. 36
(in) Litigation or Adversarial Administrative Proceeding Against County 36
(iv) Financial Statements and/or Credit References 36 Z'
h. Professional or Operational Permits and Licenses Held 39
Tab 6. Litigation 39-40 U)
I. Failure to Complete Work or to Provide Contracted Services 39 0
11. Pending Judgements, Claims, Suits, etc. 39 E
Ill. Lawsuits, Mediation, Arbitration, etc. Over Last Dr Years 39 CL
IV. Litigation Initiated Against the County 40
V. Failure to Perform Services or Furnish Goods 40
..............................................................................................................................................................................................................................................................................................................................................................................................................................................
Tab 7. County Forms and Licenses ATTACHMENTS
0
I. Certification Regarding Debarment or Suspension A ® Page 41 CL
U-
11. Condition of Submitting Proposal B ® Page 42 W
Ill. Lobbying and Conflict of Interest Clause C ® Page 43 0
IV. Non-Collusion Affidavit D ® Page 44
0
V. Drug Free Workplace Form E ® Page 45
V1. Public Entity Crime Statement F ® Page 46
VII. Insurance and Indemnification Staternent (Form not
provided within
the RFP, but will
be promptly
executed upon
0
contract award). tJ
...............................................................................................................................................................................................................................................................................................................................................................................................................................................
0
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3
Packet Pg. 1896
1.1.f
B. Tabbed Sections
Tab 1. Respondent's Approach to this Project.
I. Provide a detailed description of the project approach, including a statement that
reflects a clear understanding of project needs based on the description above and 0.
the attached Scope of Services (Exhibit A), and a business/work plan that details the
CL
approach.
Endertandin o Project Needs
Water quality is absolutely essential to health and vitality of Ike>nre>e County`s aquatic
ecosystern and to the viability of its to>urisrn®based econorny.
CL
It is well-known that sewage wastewater contains high concentrations of nutrients
0
such as nitrogen and phosphorus. Unfortunately, "bad" constituents are bit-
engineered to outcornpete "good" constituents under high nutrient lewd conditions
which leads to stressful conditions such as low dissolved oxygen, altered pH, and high y
surface tension and these distressed conditions make water susceptible to harmful
algal blooms and the proliferation of invasive species vegetation.
In recognition of these facts community leaders worked with the US Environmental
Protection Agency to designate the entirety of the Florida Keys as a Federal No-
Discharge Zone in 2002.
The Marine Sewage Problem in Context
While lesser known, the following facts make the Monroe County Mobile Vessel
Pumpout Service an absolute imperative!
r-
0
Boat sewage is —12 times more concentrated than untreated municipal sewage
and —188 times more concentrated than treated municipal sewage
t t. ',C 1: f 4 N k I '.I I ',� l
FAGT7
Bowers are pil itaitad hop dischsnj 1,9,
a se,age Irmo f sah or ,1hir rolstai 5AITr,aus 0
Ilr°de; Cd2�wind,are a n�ulrc rr'd es an th_God and•nrf;r s or,the Atlantis Ocean 0
Boaters,rare than ady other grand, ,.ant to proirlidt and preserve our ater As shown (L
twlow,vessel se',.age 6so,o e concentrated than dct„reasUc se',age.
U)
Boat"e age.. 1'.700 35�00 mq y
ra,Municipal ,e,lge 110400 Fri�g,,I �
Treated rlrunr rpa ae.asge 5-100 rrg 1
0.
Compounding this prod@err for vessel hording tanks is the presence of the rmca€adtfrives
„hsch have taxer used to disinfect and deodorize the asleincluding formaldehyde. :5
por aformaldee rate quaternary aorritionium chloride and Zinn sulphate The d,sdia ge of el.
unueated se+age frcol
costa corTubutes to degradation of the surface'racers by
iolfeduc,ng orgaansn s ahich can cause human diseases such as gastralyrdermvs
hepam s,typhoid.chi€efa and(dysentery.
U
4
Packet Pg. 1897
1.1.f
• A single overboard discharge of hurnan waste can be detected in up to a one
square mile area of shallow enclosed water and can close down shellfish beds for
harvesting'
• Releasing untreated sewage frorn a ®gallon holding tank has the sarne impact as
discharging several thousand gallons of treated sewage frorn an efficiently
operated treatment plant.3 �
• Chernical additives (used to deodorize vessel holding tanks) compound the 0.
problern. Such additives include, formaldehyde, paraforrnaldehyde, quaternary
CL
arnmoniurn chloride, and zinc sulfate -- all of which are catastrophic to marine
environrnentS.4
• Conclusion: On average, illegal dumping of at sewage is at lest 25 ties more
harmful to marine environments than all other sewage pollution sources
combined. CL
0
Florida Department of Environmental Protection ® Clean Farina Program, �
"Cleo r hooting Hobits". Third printing, la. 20.
c
2 Florida Department of Environmental Protection, "Southeast District �
Frequently Asked Questions: Marine Resources,"
htt wwwode ostateoflous southeast hotto ics FAO fa sohten#BOATING y
(October 12, 2005). Accessed September 10, 2015.
3 U.S. Department of Homeland Security, United States Coast Guard, Sea
Partners Training Guide, CCU-FAC®1. Auxiliary Prevention Outreach Specialist,
Performance Qualification Standard. October, 2012, la. 51.
Florida Department of Environmental Protection ® Clean Farina Program,
"Cleo hooting #obits". Third printing, la. 21. c
r
r-
PurnpOut USA, Inc. has been providing mobile marine purnpouts in the Florida Keys
since 2012 and the results of the pro rain speaks for itself. For example,
o Even though significant investments in land-based purnpout facilities have
occurred in Monroe County since 1992, each year the Mobile Vessel Purnpout y
Service collects and properly disposes of over 10 tirnes the arnount of sewage than 0.
all the land-based purnpout systerns in the Florida Keys combined. CL
o Within the first three years, the Mobile Vessel Purnpout Service had collected and
properly disposed of more than 1,000,000 gallonsof raw marine sewage.As of last0.
year it was recovering about 412,791 gallons per year. And since marine sewage
is approximately 12 tirnes more concentrated than household sewage,the Mobile CL
r-
Vessel Purnpout Service was preventing the net equivalent of almost 5,000,000 m
gallons of household sewage frorn entering the waterways of the Florida Keys each �
year!
5
Packet Pg. 1898
1.1.f
Gallons of Marine Sewage Collected by Year
Ch
Land-based pumpout
Mobile Marine Purnpout Service
facilities since 1992
z
0
f f
CL
2007 200E 2009 2010 2011 2012 2013 2014 2015 0)
0
CL
o The Nubile Vessel Purnpout Program has contributed greatly to the water-quality
improvements shown ill the Florida Keys. For example, the Stag of Florida
Department of Environmental Protection credits (ill hart) the Nubile vessel
Purnpout Program with helping the Stag achieve its Attainment Goals ill the
Florida Keys for Nitrogen, Phosphorus, and Dissolved Oxygen all of which have �
shown significant improvements since the Program was implemented with all
goals being achieved. W
Dissolved
Nitrogen Phosphorus
Years Attainment Attainment oxygen
Attainment
2906 43.6/ 31.8% 79.00% .9
2907 55.3% 65.3% 92.50%
CD
2915 70.8% 89.16.E 100.00% 0)
0 2916 62.2% 79.8% 100.00%
o Most-importantly, the Nubile Vessel Purnpout Service is changing the culture and —
rnindset ill Monroe County regarding the illegal discharge of marine sewage. Ill
fact, public pride ill the pro rain has cultivated citizen-driven compliance which is
significantly improving water quality throughout the Florida Keys. y
0
0.
0
CL
0.
CL
Packet Pg. 1899
Detail ed-- ripfkqn-of!h-e--PEQjeLLAPpEqg,�h
PurnpOut USA will provide Purnp out service in the proposed service areas with five
marine purnpout vessels (three full time vessels plus two backup vessels in rotational
service), one utility vehicle, one purnp out truck, and one delivery truck (See Tabs 2.
IV for a detailed list of assets that will be utilized to perform this contract). Service will Z'
be provided Monday-Friday from 8:00 am ® D5:00 prn (until the monthly quota is .2
reached) at no charge to registered anchored out vessels up to one time per week.
U)
0
PurnpOut USA will dock/slip its purnpout boats at Garrison Bight Marina in Key West, 0.
E
a rental lot in Marathon, and World Wide Sportsman in Islarnorada. :5
CL
0)
PurnpOut USA will perform the service in a reasonable manner, ensuring that purn
p
outs are being provided to vessel owners. PurnpOut USA will provide orange flags to
all registered custorners which (when raised) will notify our purnpout boat captains
that they need service. Ill conformance with the RFP, PurnpOut USA will only perform 0
purnpouts for vessels that have their orange flag raised. CL
U-
W
0
Each Captain is provided with a list of vessels that are registered oil the service
0
pro rain. The registration determines the vessel owner, location, the registration 0.
numbers or documentation, the location of the waste discharge port, the location of
the vessel, the day of anticipated service (Weather Permitting) and type of vessel
along with any identifiable colors or markings.
Each morning our Customer Service Representative will notify our purnpout boat 0
U
Captains of any new registrations for service that pertain to the service for that day. m
At the beginning of each day our purnpout boat captain checks the vessel's motor and
purnp oil levels, refers to his daily schedule and possible additions, and adjust his 0
planned route for the day accordingly. Z
C
0
Our Captains navigate to the anchorage zone (which may require anywhere from only
fifteen minutes to two hours ® depending oil the zone and location of the custorner) 2
and upon arrival to each vessel to be purnped the Captain pulls up alongside and ties a
off oil the discharge port side of vessel. It should be noted that all PurnpOut USA 76
Cn
0
purnpout boats are equipped with a proprietary 6" wrap-around tendering systern to 0.
0
protect both the vessel being purnped and the purnpout boat.
CL
U)
Once the Captain arrives at the custorner's vessel, he/she ties the boat up and turns
:5
oil the Seasync, cranks the sewage purnp manually,takes the hose to the vessel, opens 0
0.
the holding tank port, and begins the purnp out.After the purnping is done the Captain E
:5
flushes out the purnp and then turns off the Seasync. CL
E
7
Packet Pg. 1900
1.1.f
After the purnpout operation is completed our Captain manually lees all information
for this customer in his daily log. Then, the Captain unties from this customer's vessel
and navigates to the next customer's mooring location.
Please note that the size of sewage holding tanks on customer's vessels range from as
little as —4 gallons up to—200 gallons. But regardless of the size of the sewage holding �
tank®there are no means or mechanisms for our Captains to Erne>w how much sewage �
is contained in any boat's holding tank prior to pumping it out. Thus, we cannot Erne>w
before the pumpout service is performed whether or not there will be a few gallons 0.
of sewage pumped out or a few hundred gallons of sewage pumped out. Therefore,
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as directed by the RFP, PurnpOut USA will provide pumpout services to any boat in a
designated anchorage zone that is flying its orange flag.
Offloading
PurnpOut USA has secured the permission to offload sewage at the following marinas:
a. Pilot House Farina - Upper Keys CL
b. Pennekarnp State Park -- Upper Keys
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C. life>rld Wide Sportsman Farina -- Diddle Keys
d. City of Marathon ® Marathon City Farina -- Diddle Keys
e. Garrison Bight Farina -- Lower Keys
At the end of each day our pumpout boat captain ensures the waste tank is empty, y
fuels the pumpout boat for the next day, cleans the boat, checks all systems, and
completes their daily paperwork. The Captain checks all dock lines and secures the
vessel allowing for tide changes.
As detailed in Tab 4. a (Staffing), other trained personnel are dedicated to this
Program to facilitate the overall logistics of the program such as collecting and
reporting data, scheduling and facilitating service for the pumpout boats, pre>curin c
parts and supplies, onboarding customers, managing customers, scheduling,
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be>okkeepin , etc. c
II. Provide a preliminary budget, including primary funding sources. Compensation for
the service shall not exceed the anticipated program budget of$743,110 based on a
$325,000 Legislative Allocation for State Fiscal Year 2021 and $418,110 from County 76
Boating Improvement Funds. The proposed budget shall be based on a proposed
0.
number of pumpouts per month at a specified unit rate per pumpout (e.g. XX
number of pumpouts/month at $XX per pumpout). The respondent shall agree to CL
provide the service within the specified budget.
?±tl iminart Budget0.
The budget provided herein is based on the Respondent providing 1,000 pumps>uts CL
..
per month at $61. 2SS per pumpout. �
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Packet Pg. 1901
1.1.f
Number of
Employees
PRELIMINARY PROGRAM BUDGET and/or Annual
Unitsof Assets Amount
Personnel (Note:Personnel costsinclude legally required benefitsincluding;Social SecuritV.Worker's Comp,FICA,FUTA,etc.)
Project Manager's PaVroll 1 $ 56,056
Operations Manager/MaintenanceChief/Pumpout Boat Captain PaVroll 1 $ 60,540
Pumpout Boat Captain's Pa Vroll 2 $ 89,690
Customer Service Representative''s Payroll 1 $ 35,876
Accounting Officer's PaVroll(20 Hours) 0.5 $ 23,544 {�
Program Reporting and l nvoicing Administrator''s PaVroll(20 Hours) 0.5 $ 20,180
TotalJobs Created and Wages Paid 6 $ 285,886
Non-personnel(stationed in Monroe County) .�
Keys Pump Out Boats&Trailers(36oats,2 alternatives and Strailers-5Vearstraight1inedepreciation) 5 $ 62,150
SeasVnc units and Flowmeters(3 Vear shaight line depreciation) 6 $ 2,000
Sea Sync(sea sync and flowmeter service charges) 6 $ 2,088
Boat Ma intenanc e(Parts,Repairs a nd Service) 1 $ 65,500
Utility Vehicle(5 year shaight li ne depreciation) 1 $ 7,000
Pump Out Truck(5 Vear straight line depreciation) 1 $ 9,000
Denver Trnck(5Vear shaightline depreciation) 1 $ 7,000
Auto Maintenanceand Trailer Maintenance(truck a ndtrailer maintenance and repairs) $ 9,000
Boat Fuel $ 25,200
Fuel $ 10,500
Materials Consumed,Tools,Small Equipment,Ice,etc.(consumable maintenance materials,tools,equipment,cleaning supplies,etc.) $ 12,000
Boat Dockage(dock rent for pumpout boats)* $ 4,200
M.
nroe County Boat Yard Rent&Utilities(boat Vard and o ffice rent) $ 34,800
Shop Tra iler with Tools,Equipment,a nd Replacement Pa rts(5 Vearstra ight line depreciation) $ 10,000
Registration Fees(Boat,Truck&Tra ilerannual registrations) $ 845
ce(Protection&Indemnity(maritime),Commercial General LiabilitV,Automobile,etc.) $ 43,000
Ramp Fees(boat launching fees) $ 240
Monroe County Business Licenses $ 1"00
Freight $ 2,500 v�voo`
Postage and Delivery(stamps,mailin&etc.) $ 500
Auto(Toll Fees) $ 960
Telephone(cc'phones a ndinternet hot spot) $ 1,092
Disaster Preparednessand Post-Disa ster Recovcr(0.25 episodes per Vear or one occurrence every four years) 0,25 $ 7,000 LL
Incidental Expenses(u nforseen events,etc.) $ 10,000
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Office and Support(stationed at Corporate Office)
Corpo rate Offic e Rent and Utilities(corporate staff location) $ 8,198
Office Equipment(computers,printer,etc.)(5 Vear stra ight line depreciation) $ 780 (n
Office Supplies(paper,binders,file folders,envelopes,staples,etc.) $ 500 vqo
Education(Printmg stickers,and decals and Website) $ 3,694 V
Dues and Subscription,(email accounts and c omputer software) $ 74 ,
Accounting(yea rly taxes) $ 2,000 (n
Accou nting(yea rly audit) $ 7000
Legal&Professional Fees(legal and accounting) $ 13,000
TOTAL PROJECT COSTS BY YEAR $ 649,877
*Two additional required boat slips will be donated to PumpOut USA m exchange for providing pumpout services to vessels at their marina.This expense is not charged to Monroe County. .®
Under this Proposal, PurnpOut USA will provide a monthly expense report to Monroe
County in a form substantially similar to the annual Preliminary Program Budget
provided above. The monthly report will iternize the expenses incurred during the
previous month in each of these categories.
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Packet Pg. 1902
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Tab 2. Past Performance, Qualifications, and Service Description.
I. Record of general business experience including any outstanding accomplishments
of the Respondent. Monroe County will assess the proposal with a particular focus
on administrative capabilities due to the technical nature of the required reporting
for this service.
PurnpOut USA, Inc. was incorporated in the State of Florida in 199S
(originally under the name Destin Offshore Marine Services, but
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later changed to PurnpOut USA in 00) by Captain Donnie Brown
and has been in continuous operation ever since. Quite literally,
the company was founded as a direct response to the growing �
� - concerns over the environmental and ecological impacts of marine
S n sewage. 0
a.
_ " f In fact, PurnpOut USA's mission is "to deliver exceptional and
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responsible marine pollution solutions that protect, preserve, and improve marine
environments. We sere 4 and will continue to be 4 dedicated to making distinguishable
differences in the marine waste industry. Our oceans, icrkes, rivers, and streams sere
too frogiie to accept anything less."
With more than 120 pumps>ut boats and more than 60 floating comfort W
stations/restroorns in operation throughout North America, PurnpOut USA has grown
to become the national leader in the marine waste solutions industry and is winning
awards for its innovation and performance.
As the nation's only US Coast Guard registered pumps>ut boat manufacturer that is
also a commercial pumps>ut service provider, PurnpOut USA understands the
challenges the industry can exert. The Company is committed to maintaining its �
position as the leader in the marine waste industry,see we will continue to aggressively
introduce new technological advances each year see that our state-of-the-art services
will render a performance that exceeds Monroe County's stated requirements.
PurnpOut USA has been continuously providing mobile marine pumps>ut services in
Monroe County since 2012 and was instrumental in working with the County, the
Coast Guard, the US Navy, the Sanctuary, Mote Marine Laboratory, the Cities of Key 0.
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West and Marathon, and other stakeholders to design the original vessel pumps>ut CLC`
program and has assisted Monroe County to grow the program to what it has become
today.
II. Record of materially relevant past performance and professional accomplishments
including a description of similar work in progress and/or completed by the CL
Respondent and any outstanding accomplishments of the Respondent that relate
directly to this type of work. If any past or current contracts with governmental
clients for similar work have been completed, please provide the point of contact for
the contracted entity. In addition, please identify if any of these contract(s) have
10
Packet Pg. 1903
1.1.f
been terminated for cause or convenience. If so, please provide a detailed
explanation for the termination including the subject matter, date of execution,
name of contracting party and the point of contact for the contracted entity.
DumpOut USA, Inc. has been providing Keys-wide mobile vessel pumpout services
under contract with Monroe County since 2012. DumpOut USA serviced over 3,800 U
registered customers under this recently-completed contract, performed I59,912 W
pumps>uts (23,992 pumps>uts more than Monroe County paid for), and collected and
properly disposed of 2,33 ,749 gallons of marine sewage over the life of the contract 0.
(the net equivalent of 28,064,988 gallons of household sewage).
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The point of contact is Celia Hitchins,Senior Administrator Marine Resources, Monroe
County, Florida. 2798 Overseas Highway, Suite 400, Marathon, FL SSOSO
Email. Hitchins®Celia MoiiroeCount z L. e>v
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This contract was recently completed and was not terminated for cause or CL
convenience.
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Linder this contract, DumpOut USA received recognition from the Monroe County
Commission for its Exemplary Service to the County and for Reaching the Milestone
of One Million Gallons of Sewage Dumped.
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III. Technical, education, and training experience of the Respondent and/or assigned
staff, if the Respondent and/or any of the assigned staff are located in Monroe
County, if they have familiarity with this service or similar programs and the waters y
of the Florida Keys, and if they have any related field experience. In addition,
administrative experience will be assessed to determine capabilities for technical
reporting. W
Clue to its high concentration, marine sewage is a hazardous material which requires
specialized skill, training, precautions, and protective gear to manage. Thus, all
prograrn Managers at PurnpOut USA are HA2WOPER certified and have used this
certification to train the Company's fleet of vessel operators on the safety procedures 12
and precautions to be used in the performance of the purnpout service. c
Additionally, all managers and vessel operators have completed a USCG-approved
boating safety course.
All in-the-field PurnpOut USA staff that are to be utilized to provide this service are 2
Monroe County citizens and are extrernelyfarniliar with the waters of the Florida Keys. a
And because they have been performing purnpout services for Monroe County for y
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years, they are also extremely familiar with the demands and intricacies of providing 0.
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the service in the Florida Keys. CL
Furthermore,the administrative staff that will perform the technical reporting aspects
of this program are highly trained and experienced in assembling, validating, and
submitting the documentation required of this program. Moreover, they are 0.
experienced in working with Monroe County staff in amending current reporting CL
procedures -- or developing new reporting procedures -- as needed to meet the
County`s directives. m
All staff to be utilized under this program are in place and ready to commence.
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Packet Pg. 1905
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IV. A detailed list and description of proposed equipment/facilities/personnel that are
to be used in the performance of the service including but not limited to vessels,
vessel trailers, vehicles (including pumpout trucks, if proposed), associated
equipment (such as GPS monitoring devices), facility locations (both administrative
offices and operational facilities such as docking, storage, and maintenance
locations), vessel operators/captains, administrative staff, etc. In particular,
administrative personnel and equipment will be assessed to determine competence
and capabilities for technical reporting to the County. 0.
Vessels to be Utilized L
PurnpOut USA will utilize five purnpout beets (three primary and two backup purnpout
boats) to perform the purnpout services under this prefect. These boats are
continuously put through ultra-heavy-duty service and our experience has proved
that it would be impossible to perform to the level of service demanded under the
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scope of services without at least two backup purnpout boats.
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Each of the purnpout boats placed into service by PumpOut USA features a hull design �
which is specific for the sea conditions for the service area in which it will operate.
These are open_water applications, see we will use purnpout boats that incorporate a y
Modified Deep-V hull which combines the best characteristics of hull shapes with the
flatter sections toward the stern adding stability while the wedge-shaped forward hull
cushions the ride and pushes spray aside.
Specifically, to service Key West to Stock Island (Primary Anchorages = Wisteria,
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Flerning Key, Cow Key (North), Cow Key (South), and Boca Chica Basin), we will utilize
one 27VD500 custom-designed purnpout boat.
Similarly, to service Sugarloaf to Pig Pine Key (Primary Anchorages = Sugarloaf Sound,
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Niles Channel, Newfound Harbor, and Koehn Basin) we will utilize two 23V35 a)
custom-designed purnpout boats (one primary and one backup).
Finally, to service the Upper Keys (Little Basin, Big Basin, Windley (Wilson Key),
Windley (OV Basin), Community Harbor, Buttonwood Sound, Tarpon Basin, and
Jewfish Creek), we will utilize two 23V3S0 purnpout boats (one primary and one
backup).
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a.
Each of the purnpout boats to be placed into service under this contract have been
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completely overhauled since PumpOut USA's previous contract. The current market
value for the 27VD500 purnpout boats is $60,000 and these boats have a S®year usable
life. Thus, these vessels will be straight-line expensed/depreciated at $1,000 per
month ($3,000 per quarter) in service of this contract. 0.
Similarly, the current market value for the 23V350 purnpout boats is $50,000 and CL
these boats have a S®year usable life. Thus, these vessels will be straight-line �
expensed/depreciated at $833.33 per month ($2,500 per quarter) in service of this �
contract.
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Packet Pg. 1906
1.1.f
All of the purnpout boats we will put into service feature 1 0% composite lulls which
rneans they are wood-free and will not rot. They also feature below deck heavy-duty
and reinforced waste tanks and wash tank overfill alarms with a console-mounted
warning light. Each boat will also feature heavy-duty marine batteries and
cornmercial®duty battery switches, built in alurninurn fuel tanks, fused electric switch �
panels, navigational compasses, digital depth finders, VHF radios, navigational lights,
water wash downs sterns USCG required safer packages, and electric waste purnp
systerns, � y p - � p p
systerns frorn Edson, EMP, or Keco with the adjoining purnp fittings and SO' of 1"Y2"
suction hose. Additionally, PurnpOut USA has three EMIR backup waste purnp systerns
for the entirety of the service. CL
Finally, as specified under Section A. VII and VIII of the RFP (under Scope of !Mork),
each purnpout boat will be fitted with a Seasync GPS systerns and Flow Meters.
Though each boat will be fitted with these systerns, it is important to note that the
respective manufacturers for these systerns will not stand behind their equipment's c
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ability to measure the arnount of sewage collected per purnpout and/or in the
aggregate.
For example, here is a recent response frorn Badger Flow Meters regarding the
accuracy of the reporting of the gallons purnped:
From: Lindgren, Theodore <TLindgrenC_badgermeter.com>
Date: Wed, Jul 22, 2020 at 1:37 PM
Subject: Response
To: danp_pumpoutusa.com <danC_pumpoutusa.com>
Dan, Eddie is no longer with Badger Meter.
Reading his notes a flow meter [will] be a difficult way to measure a precise flow,
the pump method you have described [of accurately reporting the gallons of
sewage collected at the point when a pumpout boat tank of known quantity is
filled to capacity] would be best. While a meter would always give you an 2
indication of flow present, the accuracy would probably not be worth the price.
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0.
Ted Lindgren
4148073589
Sent from my Phone
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14
Packet Pg. 1907
1.1.f
And a similar response from Seasync Marine:
From: david davidson <tbamse1 Cverizon.net>
Date: August 24, 2020 at 9:59 AM CDT
To: POUSA <Pousaa-oumpoutusa.com>
Subject: pump monitoring
Donnie, in response to your question as to accuracy of the Seasync reporting of
gallons pumped.
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0.
There is no monitoring system for monitoring sewage being pumped that I know
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of that is 100% accurate. This is because of several reasons the mixture being
pumped is a combination of solids and fluids which are not easily monitored and
air can occasionally get into the pump as well. Hoped this answers your question.
David Davidson
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Seasync Marine CL
13841 Darlene ave
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Hudson FI 34667
In its previous contract with Monroe County, PurnpOut USA used the Seasync systern y
to track and verify all Captain's routes, the number of pumps performed, and to
monitor/log accrued outboard engine hours for routine boat maintenance. .
While these systerns are good tools for those purposes, in PurnpOut USA's 20 years of
extensive experience using and testing Seasync systerns and Flow Meters, we have
found their calculated/reported arnounts more often than not differ substantially
frorn the actual arnounts of sewage collected primarily depending on a number of
factors such as the duration of tirne between when the sewage purnp is turned on and
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the length of tirne required for the sewage purnp/hose to prime (which arbitrarily 0CD
)
varies and typically consurnes between 20 --30 seconds per purnpout operation).
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Thus,the Seasync typically runs for approximately 20® 0 seconds per purnpout longer
than the actual sewage purnpout purnp runs, and for this reason it is our experience
that the Seasync systern typically calculates more gallons than the Captain's manual W
record of actual gallons purnped. 6
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0.
Thus, in compliance with the RFP, each of the purnpout vessels that will be placed into
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service under this project will be fitted with both the Seasync systern and an
Electromagnetic Flow Meter and they will be kept maintained and operable for the
term of this contract. Furthermore, PurnpOut USA will record the flow meter reading
on the Daily Purnpout Log prior to the start of each purnp and at the completion of
each purnp with a total quantity noted for each vessel. However, PurnpOut USA CL
cannot warrant the accuracy of these devices for measuring and reporting the arnount �
of sewage collected under this project and thus will not be held liable for the arnount
of sewage that is reported by these systerns.
15
Packet Pg. 1908
1.1.f
To facilitate more-precise reporting under this contract (as we did under our previous
contract with Monroe County), our captains will manually record the date/time of
each purnpout they conduct, use their professional experience to record the
estimated gallons, and the vessel's location, custorner registration/docurnentation �
number, and narne. Furthermore, we will know with certainty the exact number of
gallons of sewage recovered when the sewage Folding tank on the purnpout boat has
reached capacity and is offloaded.
Vessel Trailers t a Etiiz
The purnpout Tboats Tplaced into rotational service will undergo extreme commercial
duty use so they will be continuously brought to the boat yard for weekly service or
to the engine mechanics for repair. Additionally, each purnpout boat must be �
completely evacuated frorn the area once our Disaster Preparedness Man is activated
in preparation of (for example) a hurricane. CL
For these reasons, it is imperative that each purnpout boat also have its own trailer.
o, PurnpOut USA will place five alurninurn trailers into service to perform this
contract. �+
Ve-h-icl-e-s--to-be-U-til-i-zed,
PurnpOut USA will utilize one heavy-duty pickup truck in the performance of this
service. This truce will be used for towing boats, running supplies, etc.
PurnpOut USA will also utilize a 6D5O gallon sewage waste purnp out truce to perform
this service. This truck will feature an EMIR peristaltic purnp. This waste Maul tanker
truce will also feature a Seasync systern.
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Finally, PurnpOut USA will place one Leavy duty delivery truck into service under this �
contract. Historically each purnpout boat placed into service requires at least one and
one-half major overhauls and/or major repairs each year so this truck will be used for
transporting the purnpout boats back and forth to PurnpOut USA's manufacturing �
facility in DeFuniak Springs, FL where the overhauls/repairs will be performed. 2
flit Locations 76
PurnpOut USA has leased a boat yard located at 68 Coco Plurn Drive Marathon, FL
0.
S , and the in-the-field operational aspects of this project (such as local storage
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and maintenance) will be orchestrated and performed frorn this physical address.
PurnpOut USA's large-capacity mobile trailer (which is used as an office as well as for
equipment maintenance and storage) will be stationed at this address.
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The local administrative portions of the project will be performed at the Owner's
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horne in Key Colony Beach and at the office location in Marathon, while the wider
administrative functions will be performed frorn PurnpOut USA's headquarters which 0)
is located at 1150 Highway 83 North, DeFuniak Springs, FL 32433. �
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Packet Pg. 1909
1.1.f
Finally, PumpOut USA has secured beet slips at Worldwide Sportsman and Garrison
Bight Marina as well as a lot in Marathon.
The slip at Worldwide Sportsman will be an exchange for services with PumpOut USA
for pumping out certain boats at their marinas. This location will provide the capacity y
to service the upper Keys areas. �
The slip at Garrison Bight Marina will provide the capability to service the lower Keys
areas.
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0.
PumpOut USA's leased lot in Marathon will provide boat, trailer, and vehicle storage.
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This location will also provide the capacity to service the Middle Keys areas.
V. A list of sub-contractors that may be used, in what capacity/function they will be used
or are anticipated to be used, their location, and their materially relevant experience
as related to the project and familiarity with the waters of the Florida Keys.
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All staff utilized on this prefect will be employees of PumpOut USA, Inc. No sub®
contractors will be used for this prefect. c
VI. Service area. Describe the proposed service area(s) in the County. Monroe County
prefers the service be provided Keys-wide but may consider assigning contracts to
multiple Respondents/Contractors for one or more different proposed areas of
service coverage. Additional points will be assessed for Keys-wide service. Please use
the information in Exhibit B to identify which anchorage areas will be services (e.g.
Wisteria, Fleming, etc.).
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PumpOut USA proposes to provide the pumps>ut service on a Keys-wide basis.
Therefore, the prices and quota specified in Section R. II. (above) are to provide
pumps>ut services to all the primary anchorages as specified on Page 56 of the RFP.
These anchorages include,
Wisteria
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Fleming Key
Cow Key (North)
Cow Key (South) 2
Boca Chica Basin) W
Sugarloaf Sound y
Niles Channel 0.
Newfound Harbor CLC`
Koehn Basin
Little Basin
Big Basin
Windley (Wilson Key)
Windley (OV Basin) CL
Community Harbor
Buttonwood Sound
Tarpon Basin
Jewfish Creek
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Packet Pg. 1910
1.1.f
VII. Service period. Describe the proposed term of service, or service period(s).
Pumpout USA's proposed term of service is one year from the date of
commencement of the pumps>ut services.
VIII. Service availability. Describe the proposed availability of pumpout service (i.e.
number of hours/days per week), frequency of pumpouts, etc.
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0.
Weather dependent, Pumpout USA proposes to provide pumps>ut services during
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weekdays from Sam Sam EST until the monthly quota is reached.
Should weather prevent the ability to provide pumps>ut services in a safe manner,
then Pumpout USA's staff will provide pumps>ut services over weekends or holidays
as necessary to sustain performance under this contract.
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IX. Pumpout cost. There shall be no costs incurred by anchored-out vessels to receive
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this Service. However, please note that the County has no prohibitions for the
vendor to charge vessels at shoreside facilities (i.e. marinas) outside the scope of
this Service.
Pumpout USA acknowledges that it shall provide pumps>uts under this proposal at no
cost to the anchored-out vessels.
X. Provide a detailed start-up plan, including anticipated date of commencement of
proposed service, and/or additional costs or phasing of service.
Pumpout USA owns all of the equipment, property, and appurtenances necessary to
perform the services described under RFP and it has already secured quotes for all
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insurance policies necessary to conform with all provisions of Article 6 (Insurance). °'
The quotes will be bound commensurate with contract award.
Moreover, all of the staff that will be utilized under this program are in place, trained,
and ready to commence. —
As such, Pumpout USA can be fully operational within fifteen (1S) days receipt of
Notice of Commencement. 0.
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XI. Additional Information: Provide any additional pertinent information that would be
helpful in the consideration of your response.
Captain Donnie Brown (and the crew at Pumpout USA) care more about the water
quality of the Florida Keys than almost anything else in life and that is why Pumpout CL
USA at its own expense - exceeded its monthly quota month after month every
single year.
18
Packet Pg. 1911
1.1.f
Our passion for promoting clean water in the Florida Keys is why PumpOut USA has
donated 2 ,992 pumpouts above and beyond its contractual quota which represents
a financial contribution from PumpOut USA, Inc. to Monroe County in the amount of
$972,742 since 2012.
Captain Donnie Brown and PumpOut USA designed and built the first pumpout boats
for the City of Marathon Mooring Field, the Key West Mooring Field, and the Upper �
Keys area dating back to 2001.
0
0.
Moreover, since the early 2000's PumpOut USA has worked with multiple state and
CL
federal agencies to help secure adequate funding in support of the Monroe County
pumpout program.
Tab 3. References
0
Each Respondent shall provide at least five (5) references for which the Respondent has CL
provided the same or similar services during the past three (3) years. It is preferred that the
0
references are from state or local governments, but private industry clients may also be used as
references. Each reference shall include, at a minimum:
Name and full address of reference organization
Name of Contact Person for contract .
E-mail address(es) and Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
Alternatively, each Respondent may submit as references: At least five (5) letters of
recommendation from local or in-state business owners who attest, in some detail, to
Respondent's knowledge and abilities regarding the proposed services.
The economic and environmental improvements that PumpOut USA delivered to the
Florida Keys via the County's marine pumpout program are documented by personal
testimony from the stakeholders that know the County's mobile marine pumpout
program the best.
Tease refer to pages 19 29 to see letters of recommendation from these stakeholders, y
0
including a letter from; the Mayor of the Monroe County Commission, the City of 0.
0
Marathon Ports Department, the Executive Director of Mote Marine Laboratory Tropical CL
Research Lab, the Deputy City Manager for the City of Marathon, the Executive Director
of the Pigeon Key Foundation, and several private marinas that participate as
stakeholders in PumpOut USA's pumpout program. 0.
Rage 21: Letter from the Mayor of Monroe County Commission CL
Rage 2 . City Manager George Garrett Letter of Support
Rage 24: Ports Director for Root Key Harbor Statement of Support
19
Packet Pg. 1912
1.1.f
Page 2S: Cyr. David Vaughan ... Mote Farina Laboratory Letter of Support
Page 26. Executive Director of Pigeon Key Foundation Letter of Support
Page 27: Marathon Farina /Water's Edge Farina LLC Letter of Support
Page 2 . Boca Chica Farina Inc Letter of Support �
Page 29: Banana Bay Resort Inc Letter of Support )
In addition, listed below are personal testimonials frorn several stakeholders who know PurnpOut 0.
USA's service delivery the best.
CL
Statement by Mr. George Garrett® Deputy City Manager, City of Marathon, FL
„The services of Pump-Out USA here been invaluable over the years to reducing the
wastewater and resulting nutrient impacts to the neorshore waters of the Florida Keys.
Notable, in the first year after acquisition of Donnie Brown's first pump-out platform, we
pumped over 100,000 gollons of vessel effluent from those boots located in Boot Key CL
Harbor, Marathon. That was twelve years ago. The improvements in water quality and c
clarity in the harbor today sere marked. The County continues to use Pump-Out USA
services to pump-out vessels throughout the Keys. B cannot speak highly enough about
Donnie Brown, Pump-out USA, and the impacts that his entrepreneurial business here y
herd toward improving water quality in the Florida Keys."
Statement by Mr. Sean Cannon a ports Director for Boot Key Harbor Z,
"When B first started working at Boot Key Harbor it was a 100%polluted waterway and
the water clarity was virtually zero. At least 100,000 gollons of reeve sewage was dumped
0
into the water each year and the basin was toxic to both wildlife and people.
But thanks to the mobile pump-out service it is now a vibrant marine environment
teaming with wildlife and recreational boaters and the water clarity is crystal clear. And
CD
the hooters attitude about sewage has completely changed... now the first question we w
get is have do we get pumped carat?"
0
Statement by Dr. David Vaughan ® Executive Director, Mote Tropical Research Lana
"This program proved the large volume of waste water that would here been illegally
discharged under a "business as usual'program of previous years. This "no-chorge" W
program is the only every this large volume of waste is going to get handled legally and 76
removed as a threat to our delicate ecosystem.'
0.
CL
"B encourage this system to be continued as the only viable every to insure the wastes
produced sere not illegally discharged. The research is clear,from the sheer volumes of
waste handled when prarrrpouts sere easy erred free. B hope this very important solution is
continued here and at rather locations." 0.
CL
20
Packet Pg. 1913
1.1.f
rd ;> BOARD OF COUNTY COMMISSIONERS
County of Monroe
IX 4- Mayor David Rice. District 4
The Florida S ' Mayor Pro TernS}Ivia J. Murphy.District
y 9 ,. I Dann} L. Kolhage. District I
r
M m George Neugent, District 2
f
Heather Carruthers, District 3 �
Mayor David Rice
9400 Overseas Highway, Suite 210 0.
Marathon Airport Terminal Building
Marathon, FL 33050
305.289.6000
Boccdis4(.&.monroecounty-fl.gov
January 19, 2018
0
RE: Monroe County Marine Pumpout Program
0
To Whom It May Concern: y
0
Residents and visitors from all over the world are drawn to the Florida Keys by our clear and
bountiful waters. In fact,tourism is the County's chief economic driver. The Monroe County Commission
has determined that clean water benefits every person,property, and business in the Florida Keys.
Historically, Monroe County has been vitally concerned about the health and vitality of our water
resources. We have has moved aggressively to eliminate point sources of pollution(such as septic tanks).
The Florida Legislature required the County and Florida Keys Aqueduct Authority establish Keys-Wide
central sewer collection and treatment. And, Monroe County deployed land-based pumpout facilities CD
C
throughout the Keys to prevent the unlawful discharge of marine sewage.
0
Despite these efforts over many years, most of our nearshore waters remained imperiled due to
the high concentration of boats. A few years ago, the Monroe County Commission entered into a Z
public/private partnership with the Florida DEP, the Federal Clean Vessel Act, Mote Marine Laboratory 0
and PumpOut USA, Inc., to establish a first-of-its-kind mobile marine pumpout service, which provides o
FREE pumpouts to the Keys boating community.
i�
Monroe County's mobile marine pumpout program run by PumpOut USA, Inc. (the Program) is
working amazingly well. For example, despite Monroe County's investments in land-based (marina)
0.
pumpout systems (since 1992), this past year the Program collected and properly disposed of over 10
times the combined amount of marine sewage than all Keys land-based sewage pumpout facilities. CL
We have recently learned through the data collected through the Program that marine-generated
sewage has played a leading role in the decline in Keys water quality. Within three years, the Program
had already recovered and properly disposed of more than a Million gallons of marine sewage. The
Program is now recovering almost half million gallons of raw marine sewage each year. This is critical to CL
our water quality. According to the FDEP, marine sewage is between 9 and 15 times more concentrated
than household sewage, and the chemical additives (which are used to deodorize marine sewage holding E
tanks) further compound the harmful effects on our marine environment. Monroe County's Program is
presently recovering the net equivalent of 4— 8 million gallons of household sewage each year!
21
Packet Pg. 1914
1.1.f
The effect this Program has had on nearshore water quality in the Florida Keys cannot be
overstated. Since this Program commenced the water bodies, once imperiled, are now plentiful with
wildlife and are again enjoyed by our residents and millions of our visitors.
Most-importantly, the pumpout Program has changed the culture and mindset of the Florida Keys
boating community. In the beginning, vessel owners were skeptical about pump-outs in general. Today,
most boaters in the Keys not only support the program, but actively advocate on the Program's behalf.
Our County has come to appreciate the Program so much that (just like household garbage collection
services) it is now consider an "essential quality of life" service. The Monroe County Commission is 0.
currently in the process of determining how to implement dedicated funding sources to ensure the benefits
CL
of the Program are sustainable for generations to come.
In conclusion, as Mayor of Monroe County, I can personally attest to the fact that the Monroe
County Marine Pumpout Program has become a proactive, practical, and comprehensive solution to our e
marine pollution problems. For all these reasons, I am pleased to recommend the expansion of a similar
program in other coastal regions. CL
Sincerely, 0
0)
0
y
David Rice, Mayor
Monroe County Board of Commissioners
0
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0.
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22
Packet Pg. 1915
1.1.f
Donnie:
Monroe County and the City of Marathon have had the absolute pleasure of working with Capt. Connie
Brown and Pump Out USA for nearly a decade and a half. Within the Keys and Florida Keys National Marine
Sanctuary we have collectively succeeded in approving a No Discharge Zone for both state and federal
waters. Key to implementation of this 2,900 nautical square mile zone has been the ability to provide
adequate pump out facilities and service to those vessels and boaters that don't have immediate pump-out U
services at dockside. It part,this has been facilitated by the$1 B dollar construction of centralized �
wastewater improvements throughout the Keys. It's all about reducing the nutrient impacts to our nutrient
limited nearshore waters. 0
CL
The services of Pump-taut USA have been invaluable over the years to reducing the wastewater and resulting
iL
nutrient impacts to the nearshore waters of the Florida Keys. Notably, in the first year after acquisition of the
Donnie Brown's first pump-out platform,we pumped over 100,000 gallons of vessel effluent from those boats
located in Boot Key Harbor, Marathon. That was twelve years ago. The Improvements in water quality and
clarity in the harbor today are marked. The County continues to use Pump-Out USA services to pump--out �
vessel throughout the Keys. i cannot speak highly enough about Connie Brown,Pump-out USA,and the `o
impacts that his entrepreneurial business have had toward improving water quality in the Florida Keys. iL
U.
Best 0
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.
Deputy City Manager/Planning Director E
City ofMarathon,Florida
9605 Overseas Highway s
Marathon, Florida 33050 E
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Packet Pg. 1916
1.1.f
0
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"When I first started working at Boot Key Harbor it was a 100% polluted waterway and
the water clarity was virtually zero. At least 100,000 gallons of raw sewage was dumped
into the water each year and the basin was toxic to both wildlife and people.
But thanks to the mobile pump-out service it is now a vibrant marine environment
teaming with wildlife and recreational boaters and the water clarity is crystal clear. And
the boater's attitude about sewage has completely changed... now the first question
CL
we get is how do we get pumped out?"
0
Mr. Sean Cannon - Ports Director for Boot Key Harbor
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24
Packet Pg. 1917
1.1.f
0
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MARINE LABORATORY
August 8, 2016
PumpOut USA ,0
Capt. Donnie Brown U_
0
Dear, Captain Brown, u
0
As the Executive Director of the Mote Tropical Research Lab in the Florida Keys, I am
pleased to be able to comment on the exceptional impact that PumpOut USA has had on
the water quality of the Florida Keys. It has come to everyone's attention in the Florida
Keys that our near shore water quality affects our quality of life and the condition of our Z,
corals reefs. All efforts to control storm water runoff, advanced wastewater treatment
instead of septic systems have made a large improvement in our water quality conditions.
But all local and regional stressors must be brought under control for us to continue to t�
improve our tropical environment, coral reefs, seagrass beds and fisheries populations.
With increasing human impacts, we must be more diligent in addressing our"no-
discharge" regulations for our Florida Keys National Marine Sanctuary. To do this we
must continue to provide an alternative to illegal discharging from marine vessels if there
is no easy way for vessel to get wastes removed. This program proved the large volume z
of waste water that would have been illegally discharged under a"business as usual" 0
program of previous years. This "no-charge" program is the only way this large volume o
of waste is going to get handled legally and removed as a threat to our delicate
ecosystem. -
I encourage this system to be continued as the only viable way to insure the wastes
produced are not illegally discharged. The research is clear, from the sheer volumes of
waste handled when pump outs are easy and free. I hope this very important solution is 0
continued here and at other locations
�t
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40 , :5
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David E. Vaughan, PhD E
Executive Director,
Mote Tropical Research Lab
25
Packet Pg. 1918
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off'
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epi,irvnmental edu�a'�ao
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Pump Out U.S.A. Florida Keys, e
0
The Pigeon Key Foundation would like to thank you for your generous donation of time and resources. y
In the wake of Hurricane Irma the island of Pigeon Key was in need of pump services with very few
options available. Your organizations staff acted quickly and with tremendous professionalism to solve
the problem. It is with the help of strong community support such as yours that we are able to continue W
to preserve the cultural history of the Florida Keys by promoting its healthy future.
0
Thank you,
Kelly McKinnon
Executive Director e
Pigeon Key Foundation
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26
Packet Pg. 1919
y 1.1.f
3.,
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W
January 17, 2018
PumpOut USA, FL Keys
PO Box S 10454
CL
Key Colony Beach, FL 33051
0
o Whom It MayConcern: y
e want to extend our utmost appreciation for providing Marathon Marina with pumpout y
service beginning November 6, 2017 through the end of the year.
Immediately after Hurricane Irma,, some of our employees returned to begin the
monumental task of rebuilding. ters were unable to return due to losing their homes.
e were fortunate that we got our pumpout system working i ii al repair,, but
then realized that we did not have the manpower necessary to continue rebuilding our
facility and take care of the pumpout needs for our guests that were beginning to trickle
back into the Keys.
ump ut USA and Max McManus to the rescue! Seriously, if not for Max,, I would not
have known that we could temporarily use your service. Without PumpOut USA,, we
r-
would not have been able to open our doors to visitors to the Florida Keys as quickly as
we did.
The service that Max providedus through PumpOut USA was above and beyond. Maxis y
not only capable in his job, but easy to work with and mostimportantly kind, 0.
understanding and generous in his dealings with the various boat owners.
Thank you again from arathon Marina and our guests.
0.
Susan Prichard
General Manager E
ater's Ede Marina, LLC
dba Marathon Marina
Water's Edge Marina,LLC
d/b/a Marathon Marina and Boat Yard
1021 11th Street Ocean
Marathon,FL 33050
(305)743-6575/Fax(305)743-5509 Packet Pg. 1920
1.1.f
M ALEWELFAR 4 .2
EAND RECREATION
0
Pump Out USA CL
PO Box 510454 _
Key Colony Beach, FL 33051
c�
.January 30, 2018
0
CL
Don Brown, o
MWR/Boca Chica Marina would like to thank Pump Out USA for your quick response after Hurricane
0.
Irma to assist our boaters with their black water pump out requirements. Our facility lost electricity to
our pump out station and without your assistance our boaters would not have been able to empty their
holding tanks.
We appreciate your assistance and applaud your continued service to our boaters.
0
Sincerely,
0
r-
Billie Adkins, Mar' a Manager o
Boca Chica Ma ' a Staff
MWR/NAS West
6
0
0.
0
CL
0.
CL
28
Packet Pg. 1921
1.1.f
Banana bay y
0
0.
CL
Bob,
1 want to thank Pump Out U.S.A for helping Banana Bay Marina with pumping out
0
our guest's boats while our system was being repaired. You saved us from disaster. You offer a
great service to the boating community and we are very appreciative.
0
Thanks again! Z,
0
Flint Firestone
Dockmaster
Banana Bay Resort & Marina
0
0.
0
CL
0.
M
CL
4590 Overseas Highway Marathon, FL 33050 We Marker 49.5
Hotel: 305 743 3500 1 Reservations: 888 662 4683
www.BananoBay.corn
29
Packet Pg. 1922
1.1.f
Tab 4. Staffing
a. Respondent shall include a list of the proposed field and management (professional and
semi-professional) staff positions that will provide the work required if awarded this
contract.
ecri tion for the Staff
A total of six (6) full-time equivalent employees (five full time plus two half-time) in
0.
addition to two part-time consultants will be dedicated to provide services under this
proposal. These positions include the following titles: CL
Project ManagerBackup Captain (1 fulltime). The Project Manager has extensive ,
experience and training in the marine pumpout industry and is responsible for the
managing the overall operations of the Project and the staff. The Project Manager
0
shall perform as the Emergency Contact for the Project and his primary duties will
CL
include managing all operational aspects of the Operations Manager, the Pumpout
Boat Captains, the Accounting Officer, the Customer Service Representative, and the c
Program Reporting and Invoicing Administrator. The Project Manager will also handle
certain aspects of maintenance including pump rebuilding and transportation of
c
boats. The Project Manager will serve as aback-up Captain in the Rig Dine Key area
when necessary. The Project Manager will also serve as a point of contact for liaison
with Monroe County. Finally, the Project Manager is also be responsible for employee
training including the Company's HAZMAT procedures and required use of Personal
Protective Equipment. c
Operations Manager a Maintenance Chief Dual-Duty Purnpout Boat Captain (1
fulltime). The Operations Manager - Maintenance Chief is responsible for managing
CD
the overall logistical operations of the Program including local delivery, and materials, 0)
and inventory and for the operational facets of the Program such as hiring and training
0
staff, supervising, scheduling, and resource allocation (ensuring that Pumpout Boat
Captains are fully stocked with registration forms, stickers, decals, flags, PPE, and
sanitation supplies). The Operations Manager- Maintenance Chief is also responsible
for emergency engine repairs (non-routine, non-scheduled routine engine
maintenance) and will also serve as the second emergency contact for the program.
0.
Finally, the Operations Manager - Maintenance Chief will also perform as a Pumpout
Boat Captain to service the Big Pine area. CL
Purnpout Boat Captains (2 fulltime in addition to the Operations Manager
Maintenance Chief): The Pumpout Boat Captains operate the Program's fleet of five 0.
marine pumpout vessels (three full time vessels plus two backup vessels in rotational
CL
service) within their designated service areas. The Captains will start their day by
inspecting their .um out boats la checking the engine oil, gas level, sewage .um oil E
p- g p p y g g� g- p p
and gas and that all components are in working order and that they have an adequate
supply of identification decals, stickers,flags, etc.The Captains will perform their daily
30
Packet Pg. 1923
1.1.f
route of purnp out service for all registered vessels with an orange flag displayed.
While performing service the captains will complete a daily work log detailing date,
boat narne, registration number, location, and tGrne of service. Captains will offload
sewage throughout the day as needed. Upon completion of their daily route the
Captains will perform their final sewage offloading, refuel, wash/sanitize their boat, �
and send a copy of their daily log to the Customer Service Representative. The
Captains will notify the Operations Manager® Maintenance Chief of any maintenance
issues. If needed, the boat will be swapped out by the Operations Manager
Maintenance Chief before the next days route to avoid any service delays.
CL
Customer Service Representative (I --fulltGrne). The primary duties of the Customer
Service Representative will be fielding all new custorner registrations, coordinating
purnp out schedules, and acting as an accessible and responsive point of contact for
the FWC concerning proof of purnpout. The Customer Service Representative will
execute these duties as follows. Upon custorner registration via website or paper forma CL
the Customer Service Representative will contact the custorner to verify location and c
0
vessel details. The Customer Service Representative will then schedule the custorner y
for their appropriate service route/day. The Customer Service Representative will log
all custorner information into the company database and then notify the Purnpout �
Boat Captain(s)with all necessary information to add the custorner to their route.The
Customer Service Representative will also monitor the Seasync website daily to Z,
ensure all registered custorners are serviced. The Customer Service Representative
will receive a Seasync report daily and will reconcile it with the Purnpout Boat Captains
0
daily logs to record pumps and gallons. The Customer Service Representative will
promptly respond to all inquiries frorn FWC regarding proof of purnpout via ernail or
telephone.
0
Accounting Officer (I-- half time): The Accounting Officer shall dedicate 20 hours per
week to this pro rain. As the narne implies, the Accounting Officer will perform
general accounting and bookkeeping on behalf of the project (in accordance with
Generally Accepted Accounting Principles) and will maintain and keels books,
docurnents, and records directly pertinent to the performance wader this contract as W
necessary to docurnent the performance of the contract for service. Additionally the
Accounting Officer will work with an independent Certified Public Accountant to0.
facilitate the preparation of the annual audit as required Ga the contract. c
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Program Reporting and Invoicing Administrator (1 -- half time): The Program
Reporting and Invoicing Administrator shall dedicate 20 hours per week to this
pro rain. The primary duties of the Program Reporting and Invoicing Administrator
will consist of totaling all pumps and gallons weekly and recording in a spreadsheet CL
based on location. The Program Reporting and Invoicing Administrator will separate �
in-state versus out of state vessels on the sarne spreadsheet. The Program Reporting
and Invoicing Administrator will also conduct all rnonthly/quarterly reporting of
31
Packet Pg. 1924
1.1.f
pumps and gallons as required by the contract. The Program Reporting and Invoicing
Administrator will handle submission of all Deliverables outlined in the Scope of
Services. Finally, the Program Reporting and Invoicing Administrator will submit a
signed invoice on company letterhead to the Monroe County Marine Resources Office
for each quarter's payment to the Respondent.
Professional Consulting (Legal and Accounting) (part time as required): The
compliance aspects of this project are complex and oftentimes require extensive
professional knowledge and experience of local, state, and federal laws. Thus,
PumpOut USA will utilize a Florid adicensed attorney on retainer to help manage CL
compliance aspects of this program. Additionally PumpOut USA will utilize a Certified
Public Accounting firm to ensure its accounting procedures comply with Generally
Accepted Accounting Principles and to perform the independent audit as required by
this contract.
CL
b. If particular staff with certifications and qualifications directly related to this proposal c
are to be used for the performance of services under the contract, if awarded, specify y
the names, proposed job titles, and qualifications of said personnel.
PumpOut USA's Project Manager (Connie Brown) has held a USCG 100®ton Master's
Captain License for 47 years.
One of our Pumpout Boat Captains (Jim Campbell) holds a USCG Captain's License.
0
Our Operations Manager -- Maintenance Chief (Bob Burns) has completed a USCG®
approved Boater Safety Course.
Most-importantly PumpOut USA's entire in-the-field staff has been operating vessels c
in the waters of the Florida Keys for many years and as such are intimately familiar
with the unique requirements of performing this contract.
Finally, all PumpOut USA's administrative staff has been performing a similar
pumpout contract with Monroe County and is very experienced in all aspects required
to execute this program. '✓
0
0.
c. If any of the staff shall be comprised of volunteers, specify the following: The duties
which will be carried out by volunteers, the number of volunteers, and a mechanism for CL
assurance that sufficient staff(total employees and volunteers) will be available daily to
fulfill all of the responsibilities of the Vendor.
0.
No volunteers will be used under this program.
CL
As previously stated, marine sewage is a hazardous material which requires specialized
skill, training, precautions, and protective gear to manage.That is why all PumpOut USA's
in-the-field staff are trained on the use of personal protective gear, HAZMAT/HAZWOP R
procedures, and the precautions which will be used to provide this service.
32
Packet Pg. 1925
1.1.f
d. Describe the prerequisites to any staff, whether employed or volunteer, actually
performing duties. (What training, education, experience is the minimum acceptable
for each type of position?)
Prerequisites for our staff that are utilized in performing services under this program are
as follows.
As representatives of PumpOut USA, all in the field staff must prove themselves to be 0.
professional, courteous, punctual, honest, and hard-working. The ones that prove to
CL
possess these traits are required to complete a USCG-approved boating safety. Finally,
they are trained on the Company's operational procedures, HAZWOPR procedures, and
personal protection equipment requirements before they are allowed to go to wore in
the field.
0
Likewise, our administrative staff must also prove themselves to be professional, CL
courteous, punctual, honest, and hard-working. They must also exhibit technical
0
proficiency in Google Suite and Microsoft Excel, Word, and PowerPoint. The
Cn
administrative staff are then trained by our Project Managers on Monroe County's
reporting policies and procedures so that they can perform at peak operational efficiency. y
e. Describe your turn-over rate or list the length of time each current employee has been
with the organization. W
PumpOut USA is an organization that cares deeply about its team of people. That is why
when a person joins our team, they are typically permanent fixtures.
It took about a year to identify and develop the level of professional staff we demanded
to perform the Monroe County pumpout service, but once our team was put together,
CD
the team has stayed together. For example, our Operations Manager- Maintenance Chief W
(Bob Burns) has been with PumpOut USA for seven years and our pumpout boat Captain
0
Jim Campbell has been with PumpOut USA for three years. Additionally, PumpOut USA's
Accounting Officer (Shave Ussery), and Program Reporting and Invoicing Administrator
(Nikki Martin) have also been with the company for three years. 76
Tab S. Respondent's Background Information. Cn
0.
0
a. An introductory letter on firm letterhead indicating the name of the firm, its CL
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 relates to this service.
Introductory Letter on firm letterhead is included on the following page. CL
33
Packet Pg. 1926
1.1.f
4Pump0utU1,h111!1ii
1150 Highway 83 North
DeFuniak Springs, FL 32433
Introductory
0
0.
8/27/2O2O
CL
The narne of the firm is PurnpOut USA Inc., a Florida Corporation with a principal address of. y
PurnpOut USA, Inc.
1150 Highway 83 North CL
DeFuniak Springs, FL 32433
0
PurnpOut USA's primary/principal contact person, and contact information is provided below:
0
Primary Contact Person ® Captain Connie Drown who is a Monroe County citizen. �
Office. (SSO) S92-0807 W
FAX. (SSO) S92®OSSy
Cell. (SSO) 2S9®9961
ousa urn outusa corn c
1 ? corn
-----------
PurnpOut USA, Inc. is the nation's largest and only US Coast ward registered purnpout boat
manufacturer that is also a commercial purnpout service provider.
Moreover, PurnpOut USA has been continuously providing mobile marine purnpout services in
Monroe County since 2012 and was instrumental in working with the County, the Coast ward, c
the US Navy, the Sanctuary, Dote Marine Laboratory, the Cities of Key West and Marathon, and
other stakeholders to design the original purnpout pro rain and it has overseen the growth of
what the pro rain has grown to becorne today. �--
76
For these reasons PurnpOut USA truly understands the challenges the industry can exert and
0.
strives each day to deliver a quality of service worthy of exceeding Monroe County's
CL
expectations.
Sincerely,
CL
is
f6'. �
E
Connie Drown
President
34
Packet Pg. 1927
1.1.f
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.
PumpOut USA, Inc. was incorporated in the State of Florida in 199S (originally W
incorporated under the name of Destin Offshore Marine Services, Inc. in 1995 but name �
changed to PumpOut USA, Inc. in 2000) by Captain Donnie Brown and has been in �
continuous operation ever since. Quite literally, the company was founded as a direct
response to the growing concerns over the environmental and ecological impacts of 0.
marine sewage.
CL
0)
PumpOut USA maintains offices in DeFuniak Springs, Florida, Marathon, and Key Colony
Reach.
c. There shall be submitted the number of years the Respondent has been in business,
and, if different, the number of years the Respondent has provided the type of services CL
requested.
0
PumpOut USA has been in the marine waste business for 25 years and has been providing
mobile vessel pumps>ut services in Florida for over 15 years. y
d. There shall be submitted the number of years the Respondent has operated under its .
present name and the number of years the business has operated under any other
name, and such names under which it has operated. 2
0
As detailed in item b (above), the Respondent has been operating under the name
PumpOut USA, Inc. for the last 20 years, but also operated under the name of Destin
Offshore Marine Services the five years previous to that.
0
e. There shall be submitted a list of the officers, managing members, and directors of the
Respondent.
0
Donnie Brown is the President of PumpOut USA, Inc., and lie and Mr. Chan Martin are
Directors. �
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 0.
list of the general partners; or, if a limited partnership, a list of the members. CL
Mr. Donnie Brown is a 90% shareholder of PumpOut USA, Inc.
Mr. Chan Martin is a 10%shareholder of PumpOut USA, Inc. 0.
g. Answers to the following must be provided: CL
(i) Has the Respondent ever failed to complete work for which it has contracted? If
so, provide details.
No -- riot applicable. <
35
Packet Pg. 1928
1.1.f
Has the Respondent been a party within the last five years to a lawsuit or
arbitration or adversarial administrative proceedings? If so, provide details.
No ... not applicable.
Has the Respondent ever initiated litigation or an adversarial administrative
proceeding against Monroe County or defended litigation or an adversarial
administrative proceeding by Monroe County or otherwise been an adverse legal 0.
party against Monroe County or been sued by Monroe County? If so, provide
CL
details.
No- not applicable.
(iv) Provide the past two (2)years of financial statements, including profit and loss,
for the Respondent and/or credit references to establish that Respondent has CL
the financial means, stability and capacity to provide the service required by this
0
RFP.
0
Credit references from PumpOut USA's financial institutions are included on the y
following two pages.
0
0
r-
0
0
0.
0
CL
0.
CL
36
Packet Pg. 1929
1.1.f
PO Box 128
jr d� 2000 Ninety Eight Palms Blvd
e , 0�r{v i Dentin.FL 32540
A Dk'I ion of First N.,,-V www.TheFirstBanl(.com
August 21, 2020
0.
CL
RE: Pumpout USA, Inc
Donald Brown III
0
CL
To Whom it May Concern:
Please accept this letter as verification that Mr. Brown has maintained two lines of credit in the name of c
0
0)
Pumpout USA, Inc for the past 6 years with First Florida Bank n/k/a First Florida Bank a Division of The �+
First ANBA. The lines are both in good standing with the Bank and have been paid as agreed.
Should you require additional information, please contact me.
Respectfully,
I
c
Cleve Daniels
Commercial/Consumer Loan Officer
r-
0
0
0.
0
CL
0.
CL
37
Packet Pg. 1930
1.1.f
5
] ,
ILI-
0.
CL
August 6, 22
PumpE7ut SSA
ATTN: Shaye Ussery
11 L-83 CL
Defuniak Springs, FL 32433
0
Dear Shaye,
0
Per your request for a credit reference, please find the below: �
ACCT TYPE 12MO AVG 3 Mtn A'VG STATUS .9
COMMERCIAL CHECKING Acct In Goad Standing �
LOAN TYPE AVAIL BALANCE COMMENT
Business LOC $200,000 N/A Zero Balance
All loans and accounts are current without lade pays. Please let me know of there is something we need
CD
to address further. If not, let me know haw we can be of assistance in the future, 0)
r-
Regards,
c
U
T. Clint Aden W
Vice President--Business Banking
(8SO)461-772
0
CL
0.
CL
38
Packet Pg. 1931
1.1.f
h. Provide information regarding any professional or operational permits and licenses held
by your organization or key staff. Also, provide here information about the
Respondent's membership, or individual memberships, in any state or national
organizations that may be materially relevant to the RFP.
PumpOut USA, Inc. has been a sponsor of the State Organization of Boating Access (SORA) �
since 2004 and has attended its annual national trade show each year to learn about the
marine waste industry, PumpOut USA is routinely invited to provide lectures to the 0.
Oranization's general audience.
CL
PumpOut USA is also a member of The Marine Industries Association of Florida, the
Oceans Caucus Foundation, and the International Conservation Caucus Foundation.
Finally, as a subject matter expert on providing marine pumpout services the U.S.
Environmental Protection Agency recently invited PumpOut USA to be a Keynote Speaker CL
for its upcoming webinar to the Coastal States Organization.
0
Tab 6. Litigation.
I. Has the person, principal(s), entity, or any entity previously owned, operated or
directed by 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.) 2
0
No -- not applicable.
II. Are there anyjudgements, claims, arbitration, adversarial administrative
proceedings or suits or audits proceeding or suits pending or outstanding against the
CD
Respondent, or its officers, managing members, directors, or general partners? (If °'
yes, provide details.)II.
No -- not applicable.
III. 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 0.
mediation or arbitration or adversarial administrative proceedings with regard to a CL
contract for services, goods or construction services similar to those requested in
the RFP? (If yes, the Respondent shall provide a history of any past or pending
claims and litigation in which the Respondent is involved as a result of the provision
of the same or similar services which are requested or described herein.)
CL
No -- not applicable.
IV. Has the person, principal of the entity, or an entity previously owned, operated or
directed by any of the respondent's officers, major shareholders, managing
39
Packet Pg. 1932
1.1.f
members, or directors ever initiated litigation against the County or been sued by
the County in connection with a contract to provide services, goods or construction
services? (If yes, provide details.)
No ... not applicable.
V. 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 0.
creditor of any other entity that failed to perform services or furnish goods similar to
CL
those sought in the request for proposals.
No not applicable.
Tab 7. County Forms and Licenses.
CL
I. Certification Regarding Debarment or Suspension (Attachment A)
0
Appended as Attachment A.
c
II. Condition of Submitting Proposal (Attachment B)
Appended as Attachment R.
III. Lobbying and Conflict of Interest Clause (Attachment C)
Appended as Attachment C.
0
IV. Non-Collusion Affidavit (Attachment D)
Appended as Attachment D.
V. Drug Free Workplace Form (Attachment E)
Appended as Attachment F.
r_
0
VI. Public Entity Crime Statement (Attachment F)
Appended as Attachment F.
VII. Insurance and Indemnification Statement
This form is not provided in the RFP, but PumpOut USA will promptly execute the
necessary Insurance and Indemnification Statement upon contract award. 0.
CL
0.
CL
40
Packet Pg. 1933
y 1.1.f
ATTACHMENT A
Certification Regarding Debarment or Suspension
In compliance with Agreements and grants agreements applicable under the U.S.
0.
Federal Awards Program, the following certification is required by all Proposers
submitting a proposal in response to this Request for Proposal:
1. The Proposer certifies, to the best of its knowledge and belief, that neither the
Proposer nor its Principals are suspended, debarred, proposed for debarment, or
declared ineligible for the award of Agreements from the United States federal
government procurement or non-procurement programs, or are listed in the
Excluded Parties List System in the System for Award Management (SAM) issued
by the General Services Administration.
c
2. Principals, for the purposes of this certification, means officers, directors, owners, y
partners, and persons having primary management or supervisory responsibilities
within a business entity (e.g., general manager, plant manager, head of a subsidiary,
division, or business segment, and similar positions).
3. The Proposer shall provide immediate written notice to the MCBOCC Director of Z'
Purchasing if, at any time prior to award, the Proposer learns that this certification was
erroneous when submitted or has become erroneous by reason of other
circumstances. c
4. This certification is a material representation of fact upon which reliance will be
placed when making the award. If it is later determined that the Proposer rendered an
erroneous certification, in addition to other remedies available to MCBOCC's Director
CD
of Purchasing may terminate the Agreement resulting from this solicitation for default. W
r_
0
Printed Name of Representative: Donald Brown y
Signature/Date: ( / 08/04/2020
Company Name: p Out USA Inc
0
Address: 1150 Hwy 83 N CL
City/State/Zip: Defuniak Springs, FL 32433
SSN or EIN No: 59-3653554 0.
M
CL
41
Packet Pg. 1934
y 1.1.f
ATTACHMENT B
Condition of Submitting Proposal
The undersigned Proposer has carefully examined all instructions, requirements, specifications, )
terms, and conditions of the RFP and Agreement and certifies:
0
0.
1. It is a reputable company regularly engaged in providing goods and/or services
necessary to meet the requirements, specifications, terms, and conditions of the RFP CL
and Agreement.
2. It has the necessary experience, knowledge, abilities, skills, and resources to
satisfactorily perform the requirements, specifications, terms, and conditions of the
RFP and the Agreement. Further, if awarded, Proposer agrees to perform the
requirements, specifications, terms, and conditions of the RFP and Agreement.
3. All statements, information, and representations prepared and submitted in response
to the RFP are current, complete, true, and accurate. Proposer acknowledges that o
0
Monroe County Board of County Commissioners' (MCBOCC) will rely on such
statements, information, and representations in selecting the successful proposer(s).
4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the
time stated in the RFP.
5. It shall be bound by all statements, representations, warranties, and guarantees made
in its Proposal.
6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict
of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole
discretion.
7. All purchase orders must be duly authorized and executed by MCBOCC and subject to
the terms and condition of the RFP and Agreement.
By checking this box, Proposer agrees that MCBOCC reserves the right to extend
the terms, conditions, and prices of this Agreement to other Institutions (such as o
State, Local and/or Public MCBOCC) who express an interest in participating in c
any Agreement that results from this RFP. Each of the piggyback institutions will
issue their own purchasing documents for the goods/ services. Proposer agrees
that MCBOCC shall bear no responsibility or liability for any agreements between
Proposer and the other Institution(s) who desire to exercise this option.
0.
VENDOR LEGAL NAME: pump Out USA Inc
AUTHORIZED SIGN R : DATE:
08/04/2020
PRINT NAME: Donald Brown TITLE: ®weer
P re.�i 6.2i%-� 0.
ADDRESS: 1150 Hwy 83 N CITY, STATE, ZIP:
Defuniak Springs, FL 32433
PHONE: EMAIL:
850-892-0807 pousa@pumpoutusa.com
42
Packet Pg. 1935
y 1.1.f
ATTACHMENT C
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 .
MONROE COUNTY, FLORIDA W
0
ETHICS CLAUSE E
Pump Out USA Inc
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former a
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer
or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the formerCounty officer or employee."
(Sign re)
Date: 08/04/2020
STATE OF:
COUNTY OF: > frx ,
Subscribed and sworn to (or affirmed) before me, by means of hysical presence or ❑ online
notarization, on
_PL�
(date) by, (name of affiiant). He/She is personally
known to me or has produced (type of identification) as
identification. B
0
0.
0
U)
NOTARY PUBLIC
f
My Commission Expires: -1 '� 0.
CL
NICOLE TRUCE MARTIN
Notary public-state of Florid
®y *C COmmisslor, GG 948992
My OM mission Expires
January 20, 2(
43
Packet Pg. 1936
y 1.1.f
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
I, Donald Brown of the city of Defuniak Springs _ according
to law on my oath, and under penalty of perjury, depose and say that:
0.
I am yOwner of the firm of
CL
Pump Out USA Inc the respondent making the Proposal for the
project described in the Notice for Calling for bids for:the Monroe county Request for Proposals
for Mobile vessel Pump Out service. and that I executed the said proposal with full authority to
do so:
0
The prices in this bid have been arrived at independently without collusion, consultation, 0.
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 �i
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 Agr ements for said project. o
o_ re— i 08/04/2020
0
(Signs re of Respondent) (Date)
J1
STATE OF: I tki
COUNTY OF:
Al 0
PERSONALLY APPEARED BEFORE ME, the undersigned authority, 1 '
who, after first being sworn by me, (name f individual signing) affixed his/her CL
sig ature in the space provided above on this day of _20
0.
KbtAR P BLIC
My Commission Expires: CL
NICOLE TRUCE MARTIN �
Notary Public-State of Florida'
(;uMmiasion CC 948992
nay Commission Expires
January 20, 2024
44
Packet Pg. 1937
y 1.1.f
ATTACHMENT E
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
Pump Out USA Inc
0
0.
(Name of Business) E
CL
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, _
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. 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 0.
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 bid a copy of the statement specified in subsection (1).
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 of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
r_
0
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
A
STATE v I _ c
CL
• (Signature of Respondent)
COUNTY OF 08/04/2020______
Date
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
® 7?ram, who, after first being swom by me, (name of individual signing)
affixed his/her signature%ithe space provided above on this CL
wk day of 20
My—commission expiresf/40TARY PUBLIC
28
Ydu NICOLE TRUCE Pv1ARTIN
`V Notary Pubilod9tate of Florida
=' gm Commission#GG 948992
45 My Commission Expires
Jon uar 20 2024
Packet Pg. 1938
y 1.1.f
ATTACHMENT F
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, 0.
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 CL
perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
have read the above and state that neither..Donald Brown (Respondent's name) norCL
any Affiliate has been placed on the convicted vendor list within the last 36 months.
0
J �A
(Si ure)
Date:_08/04/2020
STATE OF: i
COUNTY OF:_ l
Subscribed and sworn to or affirmed before me, b means of h sical presence or ❑ online
( ) Y pY
notarization,, on l (date) by Z
U AX i
(name of affiant). He/She is personally known to me �
r fi
or has produced /(t, pe of identification) as identification
W
NOTARY PUBLIC 0
My Commission Expires: .
NICOLE TRUCE MARTIN
` ra ®Notary Public-state of Florid 0.
=+ *� Commission#GG 949
rP MY Commission Expires
J n u r CL
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Name Firm Representing Tele hone Numbe
Michael Roberts Monroe County—Assistant 305-289-2502
Director of Environmental
Resources
0
Mayte Santamaria Monroe County—Senior 305-393-5556
Planning Policy Advisor
CL
Celia Hitchins Monroe County-Senior 305-289-2505
Administrator, Marine
Resources Office v,
Cheryl Sullivan Monroe County-Director of 305-292-4536
Solid Waste
Lisa Tennyson Monroe County—Legislative 305-292-4444 CL
Affairs Director
0
0
0.
0
CJ
0
0
Packet Pg. 1940
L1.h
MONROE COUNTY
REQUEST FOR PROPOSALSU)
0
FOR0.
MOBILE VESSEL PUMPOUT SERVICE
0
BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers, District 3
Mayor Pro Tern, Michelle Coldiron, District 2
Craig Cates, District 1
David Rice, District 4
Sylvia Murphy, District 5
0
0.
0
DEADLINE FOR PROPOSALS: August 27, 2020 3:00 P.M.
CL
Packet Pg. 1941
L1.h
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Thursday, August 27, 2020, at 3:00 P.M., the Monroe
County Purchasing Office will receive and open sealed responses for the following:
0
0.
Mobile Vessel Pumpout Services
Monroe County,Florida CL
Pursuant to F.S. 50.0211(3)(a), all published competitive solicitation notices can be viewed at:
www.floridaublicnotices.com, a searchable Statewide repository for all published legal notices.
Requirements for submission and the selection criteria may be requested from DemandStar at
www.demandstar.comOR www.monroecounty i s.co
CL
In response to Covid-19, the Monroe County Purchasing Department has implemented a new
electronic process for receiving and opening sealed bids. Monroe County is committed to
continuing to receive and process competitive solicitations while maintaining the health and safety y
of our employees and those who attend bid openings. Please do not mail or attempt to deliver in
person any sealed bids. Mailed/physically delivered bids/proposals/responses WILL NOT be y
accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: Z'
OMB-BI S&monroecounty�fl.gov, no later than 3:00 P.M., on August 27, 2020. Please submit
your confidential financial information in a SEPARATE EMAIL from your bid and required
documents. Your subject line on both emails must read as follows: c
Mobile Vessel Pumpout Services 08/27/2020
Files that do not contain this subject line WILL BE REJECTED. Please note that the maximum
file size that will be accepted by email is 25MB. Should your bid documents exceed 25MB, please 0)
email: omb-purchasing@monroecounty-fl.gov. The bid opening for this solicitation will be held r-
virtually, via the internet, at 3:00 P.M., on August 27,.2020. You may call in by phone or internet c
using the following:
Join Zoom Meeting
https://mcbocc.zoom.us/i/45036156
Meeting ID: 4509326156
One tap mobile:
+16465189805774509326156# US (New York)
+16699006833774509326156# US (San Jose)
Dial by your location: CL
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication dates:
Key West Citizen: Sat., 07/11/2020
Keys Weekly: Thur., 07/16/2020 CL
News Barometer: Fri., 07/17/2020
2
Packet Pg. 1942
L1.h
Request for Proposal for
Mobile Vessel Pumpout Service
1. Introduction: c0.
CL
The Monroe County Board of County Commissioners ("MCBOCC", "Monroe
County", or the "County") is requesting sealed proposals for a responsible, and
responsive, and qualified proposer to provide mobile marine vessel sewage
pumpout service ("mobile pumpout service", "mobile pumpout service
operations", or "Service"/"service") to anchored-out vessels throughout waters of
the Florida Keys within Monroe County, Florida. Monroe County prefers the
service be provided Keys-wide but may consider assigning contracts to multiple
Respondents/Contractors for one or more different proposed areas of service
0
coverage.
0
The Agreement resulting from this RFP will be for an initial term of no less than
six (6) months and no more than one (1) year and may be extended depending
on funding availability and at the MCBOCC's discretion. N
• The intent of this RFP is to have mobile pumpout service fully operational and
effective beginning January 1, 2021.
Monroe County declares that all or portions of the documents and work papers
and other forms of deliverables pursuant to this request shall be subject to reuse
by the County. Information provided by any proposer in response to this RFP will
be subject to public disclosure pursuant to the laws of the State of Florida.
r_
Interested firms or individuals will be evaluated and selected for recommendation
to the Board of County Commissioners by a selection committee. The selection 2
and recommendation will be presented to the Board of County Commissioners
for final decision. Submission of any documents relating to this RFP does not
guarantee the providing proposer will receive a contract or selection (including
but not limited to in the form of a high or particular ranking).
Further details/requirements are outlined in the sections below.
0.
2. Addenda /Updates:
CL
Any and all addenda will be added to the RFP posting on the MCBOCC web site
at: www.monroecountybids.com no later than August 20, 2020 at 3.00 P.M.
c
Interested vendors are encouraged to compare the updates they receive via
email to those posted on our RFP web page at: www.monroecountybis.com
to ensure they have not missed any updates. Proposers will be presumed to
have reviewed any addenda.
3
Packet Pg. 1943
L1.h
However, the County shall not be obligated to answer any or all questions
submitted, doing so being a courtesy and effort to make more effective this RFP,
and only to the extent time and staffing permit.
3. Backaround: 0.
M
CL
A. General Description:
1. MCBOCC is headquartered in Key West, Florida with area offices in the
Middle and Upper Keys, and encompasses a 120-mile long county featuring
the Florida Keys and the waters of the Gulf of Mexico and Atlantic Ocean.
The Florida Keys were designated an Area of Critical State Concern in 1979 CL
per Ch. 79-93, Laws of Fla. and Fla. Stat. § 380.0552. The United States
Environmental Protection Agency in 2002 established a No Discharge Zone
("NDZ") for state waters surrounding the Florida Keys. In 2010 the NDZ was
expanded to encompass all waters within the Florida Keys National Marine
Sanctuary. MCBOCC previously outsourced mobile pumpout service
operations in the Florida Keys of Monroe County, Florida, from
approximately December 12, 2012, through the close of business June 30, N
2020 (the "close date").
2. MCBOCC is seeking to outsource the County's mobile pumpout service
operations for the waters of the Florida Keys of Monroe County, Florida. An ca
overview of the number of anchored vessels served by the previously
outsourced mobile pumpout service operation is attached as Exhibit B. In
general, the previous service provided weekly pumpout service to
approximately 200-250 anchored vessels, depending on seasonal
fluctuations. The mobile pumpout service being sought does not include
pumpout services to marinas or vessels moored shoreside.
B. Objective of the Reauest for Proposals:
1. Only anchor-out vessels ("anchor-outs") shall receive the service at no cost
to the vessel owner.
2. The service should include a sufficient number of suitably equipped pumpout
vessels, vessel operators, and professional and semi-professional
management and management support staff to pumpout anchored vessels
located throughout the waters of the Florida Keys within Monroe County and
provide required documentation of pumpouts via daily logs and required
reports as specified in the attached Scope of Services (Exhibit A).
3. The proposal shall include a detailed waste offloading/disposal plan that
includes detailed information on anticipated offloading locations, operational
details, and disposal methods. Please note that if Clean Vessel Act ("CVA")
funds are utilized for this service, some facilities may not be eligible for
offloading due to funding restrictions, and therefore would not be authorized E
by the County.
4
Packet Pg. 1944
L1.h
4. Monroe County prefers the service be provided Keys-wide but may consider
assigning contracts to multiple Respondents/Contractors for one or more
different proposed areas of service coverage.
5. Compensation for the service for a one (1) year period shall not exceed the
anticipated program budget of$743,110 based on a $325,000 Legislative 0.
Allocation for State Fiscal Year 2021 and $418,110 from County Boating
CL
Improvement Funds.
6. The MCBOCC's mobile pumpout service shall be managed by MCBOCC
staff, primarily by the Senior Administrator of the Monroe County Marine
Resources Office, housed within the Monroe County Planning &
Environmental Resources Department.
CL
4. Instructions for Proposal
a. Compliance with the RFP
Proposals must be in strict compliance with this Request for Proposals.
Failure to comply with all provisions of the RFP may result in disqualification.
b. Required Forms .N
Proposers must complete and submit all specified and required attachments
and forms specified below, including but not limited to: Attachment A
(Certification Regarding Debarment or Suspension), Attachment B (Condition
of Submitting Proposal), Attachment C (Lobbying and Conflict of Interest
Clause), Attachment D (Non-Collusion Form), Attachment E (Drug-Free
Workplace Form), Attachment F (Public Entity Crime Statement), and the
required Insurance and Indemnification Statement, with the Proposal.
c. Acknowledgment of Insurance Requirements
By submitting a proposal, Proposer/Vendor acknowledges that it has read and
understands the insurance requirements for the proposal. Vendor also
understands that the evidence of required insurance must be submitted within 2
fifteen (15) working days following notification of its offer being accepted; --
otherwise, MCBOCC may rescind its acceptance of the Vendor's proposal.
d. Delivery of Proposals
All proposals must be delivered by 3:00 PM EST on August 27, 2020 ("Bid
0.
Opening").
CL
MCBOCC WILL NOT accept any proposals received after the date and time
shown above, or delivered to a location other than the one listed above.
Late or incorrectly delivered proposals will be returned at Proposer's
CL
expense or destroyed after thirty (30) days, at the MCBOCC's election.
e. Governing Laws and Regulations
The Proposer/Respondent is required to be familiar and shall be responsible
for complying with all federal, state, and local laws, ordinances, rules, and
5
Packet Pg. 1945
L1.h
regulations that in any manner affect the work, RFP, and/or the scope of
services by it. Knowledge of such laws, including but not limited to
occupational license requirements and obtaining such licenses, are the
responsibility of the Respondent.
0
0.
The Following are Special Rules for Submission of Proposals in
Response to This RFP During the COVID-19 Pandemic:
i. An electronic copy of the Proposal must be attached to an e-mail and sent
by the deadline stated above to the following e-mail address: OMB-
I SP_monroecountyfl.�ov.
ii. If any confidential financials are submitted, submit them in a separate
email from the rest of the proposal. 0.
iii. Please DO NOT mail or attempt to mail or deliver in person any hard copy
sealed bids or proposals. Mailed/delivered bids/proposals/responses will
not be considered.
c
iv. The subject line on all a-mails must read as follows: RFP — Sealed
Proposal for Mobile Vessel Pumpout Service. Any emails that do not
contain this wording in the subject line will be rejected.
v. The maximum file size that will be accepted by e-mail is 25 MB. Should
your proposal documents exceed 25 MB, please e-mail- OMB-
C ASINGQmonroecounty-fl.gov for instructions.
vi. Proposals will be opened publicly in a manner to avoid public disclosure
of contents; only names of the Proposers will be read aloud.
vii. MCBOCC's representative authorized to open the responses will decide
when the specified time has arrived and no responses received thereafter
will be considered. No responsibility will be attached to anyone for the
premature opening of a response not properly addressed and identified.
viii. Unless by specific invitation, evaluation committee members, MCBOCC
elected officials and County staff (except the Purchasing Staff Contact
and the person listed to respond to questions in this RFP) are not to be
contacted prior to the MCBOCC's decision to approve or reject the
recommendation presented to it by the evaluation committee. Failure to
comply with this requirement may be grounds for )
disqualification. Specifically, this NO-CONTACT PERIOD shall
commence on the initial date of posting of the Request for Proposals and 0.
continue through and include the date the MCBOCC's makes its
determination to approve or reject the final recommendations.
ix. Proposers and any members of the public may call in via phone or
internet to attend the bid opening. Information regarding the Zoom room
that will be used for the bid opening is contained in the Notice, at the front
of this RFP.
x. A subsequent addendum will be published on DemandStar, and will cover
information regarding the Selection Committee Meeting and how to attend
that meeting virtually.
6
Packet Pg. 1946
L1.h
f. Inquiries:
i. All questions concerning this RFP must be submitted by no later than
3.00 PM EST on August 17, 2020. Direct all questions via email to:
itchins-Celia0.
c onroeCounty-FL.gov. Include the RFP number,
page, and paragraph number for each question.
ii. The only official answer to questions submitted will be provided in
writing by the County and posted as an Addendum to this RFP. No y
oral interpretations will be made to any Respondent as to the meaning
of the RFP documents. Any inquiry or request received ten (10) or
more days prior to the date fixed for opening of proposals may be
given consideration. Each Respondent shall in writing acknowledge
receipt of such addenda or addendum. In the event any Respondent
fails to so acknowledge receipt, his or her response will nonetheless y
be construed as though it had been received and acknowledged and
the submission of his or her response will constitute acknowledgment y
and receipt of the same. All addenda are a part of the contract
documents and each Respondent will be bound by such addenda,
whether or not received by him or her. It is the responsibility of each W
Respondent to verify that he or she has received all addenda issued
before the responses are opened. Respondents may not request nor
rely upon any verbal representations concerning this RFP's ca
specifications.
g. Source Selection and Agreement Award
0
CD
i. Award(s), if made, will be made to the Responsive and Responsible 0)
Vendor(s) whose proposal is most advantageous to MCBOCC, taking
into consideration price and the other evaluation criteria set forth in
this RFP (see section 14). MCBOCC will not use any other factors or -
criteria, other than those listed in section 14, in the evaluation of
proposals received.
ii. MCBOCC reserves the right to negotiate price and Agreement terms
and conditions with the most qualified firm(s) to provide the requested
service, Keys-wide and/or for one or more different proposed areas of
service coverage. If a mutually beneficial agreement with the highest
ranked firm and/or firms is not reached, MCBOCC reserves the right to
enter into Agreement negotiations with the next highest ranked firm(s)
and continue this process until an agreement is reached.
iii. An award of Agreement does not guarantee any volume or dollar
amount of purchase.
iv. MCBOCC reserves the right to extend the terms, conditions, and
prices of Agreement(s) awarded from this RFP to other Institutions
(such as State, Local and/or public entities) who express an interest in
participating in any Agreement that results from this RFP. Each of the
piggyback institutions will issue their own purchasing documents for
7
Packet Pg. 1947
L1.h
purchasing of the goods/ services; Proposer agrees that MCBOCC
shall bear no responsibility or liability for any agreements between
Proposer and the other Institution(s) who desire to exercise this option.
V. MCBOCC may consider assigning contracts to multiple
proposers/respondents for one or more different areas of service 0.
coverage.
CL
h. Projected Timetable
The following projected timetable should be used as a working guide for planning
purposes. MCBOCC reserves the right to adjust this timetable as required during
the course of the RFP process.
0.
Event Date
RFP Issued July 11, 2020
Deadline for submittal of questions August 17, 2020 by 3.00 PM
Deadline for issuance of Addenda August 20, 2020 by 3.00 PM y
Proposals Due August 27, 2020 by 3.00 PM
5. The Proposer Must Aaree:
1. That in no case may the Service be offered except by persons and
firms authorized (by Monroe County and otherwise) and duly licensed U
as required by federal, state and/or local laws or regulations. The
Proposer(s) must provide evidence of a license to do business in the
State of Florida, and all other licenses and certifications as may be
necessary to provide the Service solicited.
2. To provide this Service at a cost most advantageous to the MCBOCC.
3. To review and advise the MCBOCC's Staff on all aspects of the
MCBOCC's Service, and to obtain, gather, and provide the MCBOCC
Staff any data or information the Staff deem required or necessary for
the effective, continued provision of the Service.
4. To provide any information that is necessary for the effective,
continued provision of the Service, including administrative advice and 0.
assistance.
5. To perform any and all functions necessary to ensure financial control
and accuracy of the authorized Service being provided. If the
MCBOCC determines that the Service has been provided to an
individual or individuals or vessel(s) ineligible for the Service, the
selected Proposer(s) must reimburse the MCBOCC for claims and/or
invoices paid in error by MCBOCC to the selected Proposer(s).
6. To maintain records exemptions and confidential exemptions
8
Packet Pg. 1948
L1.h
under federal and Florida law in accordance with such law. While
in the possession of the selected Respondent(s), these records
remain the property of the MCBOCC and must be returned upon
completion or termination of the Agreement with the MCBOCC or
upon request by the MCBOCC. While in use by the selected
Respondent, the exempt and/or confidential and exempt status of
these records must be maintained and observed in accordance
with all applicable laws and regulations and applicable MCBOCC
and its policies. This exempt and/or confidential and exempt y
information must not be used by the selected Proposer for other
than the purposes specified in any Agreements between the
MCBOCC and the selected Respondent. Any data provided by the
MCBOCC to the selected Proposer may not be sold, marketed,
furnished or otherwise made available to any person or entity for
any purpose, except as authorized under applicable federal and y
Florida law, including but not limited to the Florida Public Records
Act. y
7. All records are the property of the MCBOCC and must be returned to
the MCBOCC upon the completion or termination of the Agreement
with the MCBOCC.
c
8. To permit a periodic audit of the Service it performed for Monroe
County's Mobile Vessel Pumpout Service by the MCBOCC's Staff or
the MCBOCC's appointed auditors or by the Monroe County Clerk of
Court.
9. To promptly rectify errors and resolve disputes in a manner satisfactory to
the MCBOCC.
10.To work cooperatively and in good faith with the MCBOCC to assure
that all Service is rendered in a prompt, accurate, and authorized W
manner.
11.To meet with MCBOCC representatives whenever necessary to
promptly resolve any problems which occur related to the
administration of the Agreement. .
12.To complete the Proposer's Disclosure Forms or Affidavits as may be
required by the MCBOCC as set forth in this RFP.
13.To use standardized data file formats and data transmission
methods as may be required for the administration of the Service,
subject to the MCBOCC's approval.
14.To undertake all other necessary tasks to properly administer the
Service, including but not limited to, eligibility for Service in accordance
9
Packet Pg. 1949
L1.h
with MCBOCC Staff authorization; sending communication materials on
an as needed basis; responding to telephone and written or .
electronically submitted inquiries. W
15.To participate in public meetings on an as needed basis. .
16.To participate in meetings with Staff on an as needed basis.
17.To provide required notifications to boaters in a timely manner in
accordance with Staff directives.
0
18.To provide the public and the MCBOCC with prompt, accurate and 0.
courteous service. The Proposer must agree to comply with
authorization and eligibility information provided by the MCBOCC. Timely
service specifically includes, but is not limited to, prompt mobile pumpout
service if required by the MCBOCC and immediate compliance with Staff
authorization or eligibility directives.
19.To maintain records, including types of records and forms of records, as N
directed by MCBOCC staff.
20.To ensure that any and all of its employees, independent
contractors, and/or agents are appropriately licensed, certified,
insured and of high quality and meet all other requirements
specified by the Proposer(s).
c
21.To negotiate terms and conditions of the initial Agreement with the
MCBOCC on a timely basis.
22.To provide a proposal for an initial Agreement term of at least 1 year from -
the date of commencement. 2
23.To provide that the MCBOCC may renegotiate the Agreement for
additional term(s) beyond the original term agreed to by the MCBOCC
and the selected Proposer(s) based on available funding for the service )
and at the MCBOCC's discretion.
0.
24.To undertake all other necessary tasks to properly administer the
Service as required by the MCBOCC.
0
25.To agree that any Agreement may be terminated at any time without
cause by the MCBOCC or for cause as set forth in the Agreement with
the MCBOCC.
26.To provide emergency contact information for its field and management
personnel. Such key field personnel and managers must include both
operational and management staff who are of sufficient authority within
10
Packet Pg. 1950
L1.h
the organization as to be capable of and in a position to resolve
emergency situations.
27.To retain all records directly or indirectly, related to its performance of
Services during the term of any Agreements and for a period of seven
(7) years after termination or expiration of any Agreement. The
MCBOCC have the right to review, abstract, audit and copy all records
and account of the selected Proposer directly or indirectly related to
any Agreements. y
28.To assent to the terms, obligations, and conditions provided for in the
attached Draft Contract (Attachment G., which is hereby incorporated
as if fully stated herein). MCBOCC reserves the right to, at its election
and in its discretion, revise the provisions of the attached Draft
Contract at the stage of contract negotiation. y
0
29. In the event of litigation or adversarial administrative proceedings
against MCBOCC in connection with, in relation to, or arising out of the
Service, upon request of the MCBOCC, to advise the MCBOCC
regarding the litigation and to consider assisting the MCBOCC in such
lawsuits.
6. Evaluation of Proposals (Process) ca
i. MCBOCC will first examine proposals to reject those that are clearly non-
responsive to the stated requirements. Proposers who are determined
to be non-responsive will be notified of this determination.
a. Proposals found to be non-responsive shall not be considered. Z
Proposals may be rejected if found to be in non-conformance
with the requirements and instructions contained herein. A
Proposal may be found to be non-responsive by reasons,
including, but not limited to, failure to utilize or complete 2
prescribed forms, conditional Proposals, incomplete Proposals,
indefinite or ambiguous Proposals, failure to meet deadlines, and
improper and/or undated signatures.
b. Other conditions which may cause rejection of Proposals include,
but are not limited to, evidence of collusion among Proposers, 0.
obvious lack of experience or expertise to perform the required
work, submission of more than one Proposal for the same work
from an individual, firm, joint venture, or corporation under the
same or a different name, failure to perform or meet financial or
accounting obligations on previous contracts.
c. Proposals will also be rejected if not delivered or received on or
before the date and time specified as the due date for
submission.
d. The County will not give consideration to tentative or qualified
11
Packet Pg. 1951
L1.h
commitments in the proposals. For example, the County will not
give consideration to phrases as "we may" or "we are
considering" in the evaluation process for the reason that they do
not indicate a firm commitment.
ii. A Selection Committee appointed by the MCBOCC Marine Resources 0.
Office Senior Administrator will evaluate the proposals. The Committee
will score all responsive and responsible proposals based upon the
criteria detailed herein. Upon completion of the initial scoring, the
Committee may either recommend award(s) in order of preference, or
enter into an in order of preference short-listing process with those
Proposers/Respondents whose proposals are determined to be a
competitive vendor.
iii. The evaluation process that follows the initial scoring may include, but not
be limited to, a series of requests to Vendors for clarifications,
presentations, agreement negotiations, and/or detailed reference
checks. This process may involve multiple short listing rounds for the y
purpose of achieving Agreements that are in the best interests of
MCBOCC as determined by the Committee. Evaluation scores may be
adjusted upward or downward during this step. Subsequent scorings will
be based on comparison of only the short listed proposers.
iv. The MCBOCC Director of Purchasing reserves the right to withdraw this
RFP at any time for any reason and to issue such clarifications,
modifications, and/or amendments as he/she may deem appropriate.
v. Receipt of a proposal by the MCBOCC Purchasing Department, or a
submission of a proposal to the MCBOCC Purchasing Department,
offers no rights upon the Vendor nor obligates MCBOCC in any manner. z
r_
vi. The Director of Purchasing reserves the right to waive minor informalities
or irregularities in proposals, provided that such action is in the best
interest of MCBOCC. Any such waiver shall not modify any remaining
RFP requirements or excuse the Vendor from full compliance with the W
RFP specifications and other Agreement requirements if the Vendor is
awarded the Agreement.
7. Ambiguity, Conflict, or Other Errors in the RFP
0
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or 0.
other error in the RFP, the proposer shall immediately notify the MCBOCC
Purchasing Staff Contact for this RFP of such error in writing. Any resultant
modification(s) to the RFP will be made by written and published amendment
to the RFP. Failure of the proposer to notify MCBOCC of any ambiguities,
conflicts, discrepancies, omissions, or other errors in the RFP, prior to
submitting the proposal, shall be a waiver of the same and render them not
subject to later protest by the proposer.
8. Proposals and Presentation Costs
12
Packet Pg. 1952
L1.h
MCBOCC will not be liable in any way for any costs incurred by any Vendor in
the preparation of its proposal in response to this RFP, nor for the
presentation of its proposal and/or participation in any discussions or
negotiations.
0
The County may conduct such investigations as it deems necessary to assist
in the evaluation of any Response and to establish the responsibility,
qualifications, and financial ability of the Proposers, and/or other persons or
entities to do the work contemplated herein.
9. Acceptance and Rejection of Proposals
0
MCBOCC is under no obligation to accept any Proposal and reserves the 0.
right to accept or reject, in whole or in part, any or all proposals submitted.
0
In the event the Selection Committee ranks the proposals in order of
preference, makes a recommendation to the County Commission to negotiate
one or more contract(s) with the selected Respondent(s), the County
Commission so directs, and a mutually satisfactory agreement cannot be
reached between staff and the first recommended Respondent(s), staff may N
negotiate with the next preferred Respondent(s) and so forth. If/when staff
has agreed with the Respondent(s) upon a mutually satisfactory contract(s),
the contract(s) will be brought before the County Commission for final
decision. No binding contract is created between any Respondent and
Monroe County unless and until a contract is duly approved by the County
Commission.
0
10. Validity of Proposals z
All proposals must be valid for a period of one hundred twenty (120) days
from the proposal due date.
11.Protests
(Monroe County Purchasing Policy): Any Proposer who claims to be adversely
affected by the decision or intended decision to award an Agreement shall
submit in writing a notice of protest which must be received by the County within
seventy-two (72) hours or three (3) business days, whichever is less, after the 0.
posting of the notice of decision or intended decision on DemandStar. Failure to
timely protest within the times prescribed herein shall constitute a waiver of the
ability to protest the award of Agreement, unless it is determined that it is in the
best interest of the County to do so. A formal written protest may be submitted
in writing and must be received by the Monroe County Attorney's office seventy-
two (72) hours or three (3) business days prior to the Board of County
Commissioners' meeting date in which the award of Agreement by the BOCC
will be heard. The only opportunity to protest claims is before the BOCC at a
designated public meeting in which the agenda item awarding the Agreement is E
heard. In accordance with the Rules of Debate as set forth in the MCBOC
Administrative Procedures, the Proposer that filed the protest is responsible for
13
Packet Pg. 1953
L1.h
providing the Clerk with its name and residence prior to the agenda item to
award the Agreement being called in order to preserve its opportunity to be
heard on this matter. An individual has three (3) minutes to address the
Commission and a person representing an organization has five (5) minutes to
address the Commission. The MCBOCC decision to award the Agreement is
0.
fine and at its sole discretion.
CL
12. Proposal Submission Requirements and Disqualification of
Respondents
a. MCBOCC reserves the right to reject any or all proposals, to waive
informalities in the proposals and to re-advertise for proposals.
MCBOCC also reserves the right to separately accept or reject any item
or items of a proposal and to award and/or negotiate a contract in the
best interest of Monroe County.
b. MCBOCC reserves the right to and may waive minor informalities or y
irregularities in proposals where such is merely a matter of form and not
substance, and the correction or waiver of which is not prejudicial to
other Proposers. Minor irregularities are defined as those that will not
have an adverse effect on the County's interest and will not affect the
price of the proposals by giving a proposer an advantage or benefit not
enjoyed by other proposers.
c. MCBOCC reserves the right to reject any and all responses and to
waive technical errors and irregularities as may be deemed best for the
interests of the County. Responses which contain modifications, are
incomplete, unbalanced, conditional, obscure, or which contain Z
additions not requested or irregularities of any kind, or which do not
comply in every respect with the Instruction to Proposer(s), and the
contract documents, may be rejected at the option of the County.
d. Failure to complete all attachments, including but not limited to the
immediately below-specified forms, in every detail and submit them with 2
your Response may result in immediate disqualification of your 0)
Response.
0
i. Non-Collusion Affidavit. Any person submitting a proposal in
response to this invitation must execute the enclosed Non-
Collusion Affidavit. If it is discovered that collusion exists
among the Respondents, the proposals of all participants in
such collusion shall be rejected, and no participants in such
collusion will be considered in future bids for the same work.
ii. Sworn Statement Under Ordinance 010-1990 Monroe County,
Florida
iii. Drug-Free Workplace Form. Any person submitting a proposal
in response to this invitation must execute the enclosed Drug-
Free Workplace Form and submit it with his/her proposal.
14
Packet Pg. 1954
L1.h
Failure to complete this form in every detail and submit it with
the proposal may result in immediate disqualification of the
proposal.
iv. Public Entity Crime Statement. Any person submitting a
proposal in response to this invitation must execute the
enclosed Public Entity Crime Statement. A person or affiliate
who has been placed on the convicted vendor list following a
conviction for a public entity crime may not, inter alia, submit a
proposal on a contract to provide any goods or services to a y
public entity.
V. Lobbying and Conflict of Interest Clause. Any person
submitting a proposal in response to this invitation must
execute the enclosed Lobbying and Conflict of Interest Clause
and submit it with his/her proposal. Failure to complete this
form in every detail and submit it with the proposal may result y
in immediate disqualification of the proposal.
e. The County does not assume any responsibility for errors or
misinterpretations resulting from the Respondent's use of incomplete
sets of RFP documents.
if. Signature of the Respondent: The Respondent must sign the response
forms in the spaces provided for the signature. If the Respondent is a
business organization (e.g., corporation, etc.), the title of the managing
member and/or officer signing the Proposal on behalf of the entity must
be clearly printed beneath such signature.
g. The Proposer/Respondent is required to be familiar and shall be
responsible for complying with all federal, state, and local laws,
ordinances, rules, and regulations that in any manner affect the work,
RFP, and/or the scope of services by it. Knowledge of such laws,
including but not limited to occupational license requirements and
obtaining such licenses, are the responsibility of the Respondent.
13. Examination of RFP Documents
a. Each Respondent shall carefully examine the RFP and other contract 0.
documents, and inform himself/herself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost,
progress, or performance of the work to be performed under the
Agreement. Ignorance on the part of the Respondent will in no way
relieve him/her of the obligations and responsibilities assumed under
12
the Agreement. CL
14. Evaluation Criteria
a. Response Format:
15
Packet Pg. 1955
L1.h
L The Proposal is to include a Table of Contents and sections for
each Tab listed below and should be organized in the order
shown. Each section should be clearly labeled, with pages
numbered. Failure of a proposer to include all listed items may
result in the rejection of the Proposal.
ii. The proposal package submitted in response to this Request
for Proposals (RFP) shall be typed on 8-1/2" x 11" white paper
and bound; shall be clear and concise and provide the
information requested herein. Statements submitted without y
the required information will not be considered. Proposals shall
be organized and sections tabbed. The Respondent should
not withhold any information from the written response in
anticipation of presenting the information orally or in a
demonstration, since oral presentations or demonstrations
may not be solicited. Each Respondent must submit adequate y
documentation to certify the Respondent's compliance with the
County's requirements. Respondent should focus specifically
on the information requested. Additional information, unless
specifically relevant, may distract rather than add to the
Respondent's overall evaluation.
iii. The response, at a minimum, shall include the following-
0
A. Cover Page
A cover page that reads "Proposal for Mobile Vessel Pumpout
Service". The cover page should contain Respondent's name,
address, telephone number, and the name of the Respondent's
principal/primary contact person. Z
r-
0
B. Tabbed Sections
Tab 1. Respondent's Approach to this Project.
I. Provide a detailed description of the project approach, including a statement
that reflects a clear understanding of project needs based on the description above
and the attached Scope of Services (Exhibit A), and a business/work plan that
details the approach.
0
0.
II. Provide a preliminary budget, including primary funding sources. Compensation
for the service shall not exceed the anticipated program budget of$743,110 based
on a $325,000 Legislative Allocation for State Fiscal Year 2021 and $418,110 from
County Boating Improvement Funds. The proposed budget shall be based on a
proposed number of pumpouts per month at a specified unit rate per pumpout (e.g.
12
XX number of pumpouts/month at $XX per pumpout). The Respondent shall agree 0.
to provide the service within the specified budget.
Tab 2. Past Performance, Qualifications, and Service Description.
16
Packet Pg. 1956
L1.h
I. Record of general business experience including any outstanding
accomplishments of the Respondent. Monroe County will assess the proposal with .
a particular focus on administrative capabilities due to the technical nature of the 0)
required reporting for this service.
0
0.
II. Record of materially relevant past performance and professional
accomplishments including a description of similar work in progress and/or
completed by the Respondent and any outstanding accomplishments of the
Respondent that relate directly to this type of work. If any past or current contracts y
with governmental clients for similar work have been completed, please provide the
point of contact for the contracted entity. In addition, please identify if any of these
contract(s) have been terminated for cause or convenience. If so, please provide a
detailed explanation for the termination including the subject matter, date of
execution, name of contracting party and the point of contact for the contracted
entity. y
0
III. Technical, educational, and training experience of the Respondent and/or
assigned staff, if the Respondent and/or any of the assigned staff are located in
Monroe County, if they have familiarity with this service or similar programs and the
waters of the Florida Keys, and if they have any related field experience. In addition,
administrative experience will be assessed to determine capabilities for technical
reporting.
IV. A detailed list and description of proposed equipment/facilities/personnel that
are to be used in the performance of the service including but not limited to vessels,
vessel trailers, vehicles (including pumpout trucks, if proposed), associated
equipment (such as GPS monitoring devices), facility locations (both administrative
offices and operational facilities such as docking, storage, and maintenance
locations), vessel operators/captains, administrative staff, etc. In particular,
administrative personnel and equipment will be assessed to determine competence
and capabilities for technical reporting to the County.
V. A list of sub-contractors that may be used, in what capacity/function they will be
used or are anticipated to be used, their location, and their materially relevant
experience as related to the project and familiarity with the waters of the Florida
Keys.
0
0.
VI. Service area. Describe the proposed service area(s) in the County. Monroe
County prefers the service be provided Keys-wide but may consider assigning
contracts to multiple Respondents/Contractors for one or more different proposed
areas of service coverage. Additional points will be assessed for Keys-wide service.
Please use the information in Exhibit B to identify which anchorage areas will be
serviced (e.g. Wisteria, Fleming, etc.).
VI I. Service period. Describe the proposed term of service, or service
period(s). E
17
Packet Pg. 1957
L1.h
VIII.Service availability. Describe the proposed availability of pum pout service (i.e.
number of hours/days per week), frequency of pumpouts, etc.
IX. Pumpout cost. There shall be no costs incurred by anchored-out vessels to
receive this Service. However, please note that the County has no prohibitions for
0.
the vendor to charge vessels at shoreside facilities (i.e. marinas) outside the scope
of this Service.
X. Provide a detailed start-up plan, including anticipated date of commencement y
of proposed service, and/or additional costs or phasing of service.
XI. Additional Information: Provide any additional pertinent information that would
be helpful in the consideration of your response.
0
Tab 3. References y
Each Respondent shall provide at least five (5) references for which the Respondent has y
provided the same or similar services during the past three (3) years. It is preferred that
the references are from state or local governments, but private industry clients may also
be used as references. Each reference shall include, at a minimum. W
Name and full address of reference organization
Name of Contact Person for contract
E-mail address(es) and Telephone number(s)
Date of initiation of contract with reference
Brief summary comparing the referenced services to these proposed services
0
Alternatively, each Respondent may submit as references: At least five (5) letters of Z
recommendation from local or in-state business owners who attest, in some detail, to
Respondent's knowledge and abilities regarding the proposed services.
Tab 4. Staffing
a. Respondent shall include a list of the proposed field and management (professional 2
and semi-professional) staff positions that will provide the work required if awarded this
contract.
0
b. If particular staff with certifications and qualifications directly related to this proposal
are to be used for the performance of services under the contract, if awarded, specify
the names, proposed job titles, and qualifications of said personnel.
0
c. If any of the staff shall be comprised of volunteers, specify the following: The duties
which will be carried out by volunteers, the number of volunteers, and a mechanism
for assurance that sufficient staff (total employees and volunteers) will be available
daily to fulfill all of the responsibilities of the Vendor.
18
Packet Pg. 1958
L1.h
d. Describe the prerequisites to any staff, whether employed or volunteer, actually
performing duties. (What training, education, experience is the minimum acceptable .
for each type of position?)
e. Describe your turn-over rate or list the length of time each current employee has been
0.
with the organization.
CL
Tab 5. Respondent's 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
0.
the strengths of the firm/team as it relates to this service.
0
b. Provide the history of the Respondent (e.g., the history of the firm), including but not y
limited to its structure, the years it has been in business, and the location of all of its
offices. y
c. There shall be submitted the number of years the Respondent has been in business,
and, if different, the number of years the Respondent has provided the type of services
requested.
0
d. There shall be submitted the number of years the Respondent has operated under its
present name and the number of years the business has operated under any other
name, and such names under which it has operated.
0
e. There shall be submitted a list of the officers, managing members, and directors of the
Respondent.
r_
0
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.
g. Answers to the following must be provided:
(i) Has the Respondent ever failed to complete work for which it has contracted? If
so, provide details. 0.
(ii) Has the Respondent been a party within the last five years to a lawsuit or arbitration
or adversarial administrative proceedings? If so, provide details.
0
(iii) Has the Respondent ever initiated litigation or an adversarial administrative
proceeding against Monroe County or defended litigation or an adversarial
administrative proceeding by Monroe County or otherwise been an adverse
legal party against Monroe County or been sued by Monroe County? If so,
provide details. E
19
Packet Pg. 1959
L1.h
(iv)Provide the past two (2) years of financial statements, including profit and loss, for
the Respondent and/or credit references to establish that Respondent has the
financial means, stability and capacity to provide the service required by this
RFP.
0
0.
h. Provide information regarding any professional or operational permits and licenses
held by your organization or key staff. Also, provide here information about the
Respondent's membership, or individual memberships, in any state or national
organization that may be materially relevant to the RFP. y
Tab 6. Litigation
0
I. Has the person, principal(s), entity, or any entity previously owned, operated or 0.
directed by 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.)
0
II. 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? W
(If yes, provide details.)
III. 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 in
the RFP? (If yes, the Respondent shall provide a history of any past or pending Z
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.)
IV. 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 ever initiated litigation against the County or been sued by 2
the County in connection with a contract to provide services, goods or construction
services? (If yes, provide details.)
0
V. 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 entity that failed to perform services or furnish goods similar to
those sought in the request for proposals.
Tab 7. County Forms and Licenses.
Respondent shall complete and execute the forms specified below, as well as copies of
all professional and occupational licenses:
I. Certification Regarding Debarment or Suspension (Attachment A)
20
Packet Pg. 1960
L1.h
II. Condition of Submitting Proposal (Attachment B)
III. Lobbying and Conflict of Interest Clause (Attachment C)
IV. Non-Collusion Affidavit (Attachment D)
V. Drug Free Workplace Form (Attachment E)
VI. Public Entity Crime Statement (Attachment F)
0.
VI 1. Insurance and Indemnification Statement
b. Evaluation Criteria (Factors)
Proposals will be scored and ranked by the Selection Committee based on
the criteria set forth below and an overall assessment of the "best value" to
MCBOCC. 0.
1. Detailed Proposed Project Approach and Business Plan:
Total points available for this criterion = 20
2. Detailed Proposed Budget:
Total points available for this criterion = 30
1. Detailed Record of General Business Experience:
Total points available for this criterion = 15
2. Detailed Record of Past Performance-and Experience with Similar
Projects:
Total points available for this criterion = 25
0
3. Technical Expertise, Educational, and Training Experience of the
Proposer and Its Staff and/or Any Anticipated Subcontracted Staff:
Total points available for this criterion = 10
4. Equipment, Facilities, and Personnel to Be Used for the Service:
Total points available for this criterion = 10 0.
5. Familiarity of the Proposer and/or Its Staff and/or Sub-Contractors with
the Monroe County Mobile Vessel Pumpout Service and/or Similar
Projects and the Service Area, and Location of Proposer and/or Its
Staff and/or Sub-Contractors within the Florida Keys:
Total points available for this criterion = 10
6. Ability to Start Immediately Upon Notice to Proceed from Monroe
County:
21
Packet Pg. 1961
L1.h
Total points available for this criterion = 10
7. Proposed Service Coverage Area:
Total points available for this criterion = 10
0.
8. Bonus Points for Keys-wide Service:
Total points available for this criterion = 10
Finalist Presentations (if applicable, see note below):
Note: MCBOCC may or may not elect to have a presentation. This decision will be
0.
made by MCBOCC after review of the scores. If there is no clear winner, the highest
proposers may be requested to present their proposals at a site to be determined
located in Key West, Marathon, or Key Largo, Florida or via a Zoom meeting. y
15. Award of Contract
a. Due to the nature of the project, the County reserves the right to
refine/complete the Contract based on proposal responses and the W
direction of the Board of County Commissioners. The County, upon
selection of respondent/s and approval of the Board of County
Commissioners, will negotiate with the Respondent to further develop
the Contract.
b. The County reserves the right to award separate Contracts for various
areas of the Keys and to waive any informality in any response, or to re-
advertise for all or part of the work contemplated.
0
c. If the award of a contract is annulled, the County may award the
Contract to another Respondent or the work may be re-advertised or
may be performed by other qualified personnel as the County decides.
d. A Contract will be awarded to the Respondent deemed to provide the
services which are in the best interest of the County, considering cost,
qualifications, funding acquisition, and other factors deemed relevant. )
e. The County also reserves the right to reject the response of a 0.
Respondent who has previously failed to perform properly or to
complete contracts of a similar nature on time.
f. The recommendations of the County Administrator or his designee, will
be presented to the Board of County Commissioners of Monroe County,
12
Florida, for final awarding or otherwise. 0.
g. The County shall consider preference to local businesses in making a
purchase or awarding a contract who meet the criteria for a local
business as defined by the Monroe County Code. Individuals or firms
which meet all such criteria in the Monroe County Code and are a
22
Packet Pg. 1962
L1.h
responsive and responsible respondent shall receive local preference
and shall be given two points in the scoring criteria. NO LOCAL .
PREFERENCE IS CONSIDERED FOR THIS CONTRACT AS THE 0)
CONTRACT MAY INCLUDE FEDERAL FUNDING.
0
h. The application of local preference may be waived upon written
recommendation by the County and approval by the Monroe County
Board of County Commissioners at the time of Award of
Contract. Waiver of the application of the local preference is based
upon analysis of the marketplace and in consideration of the special or
unique quality of goods, services, or professional services sought to be
purchased by the County.
0
c
c
c
c
c
0
c
23
Packet Pg. 1963
L1.h
ATTACHMENT A
Certification Regarding Debarment or Suspension )
0
0.
In compliance with Agreements and grants agreements applicable under the U.S.
Federal Awards Program, the following certification is required by all Proposers
submitting a proposal in response to this Request for Proposal:
1. The Proposer certifies, to the best of its knowledge and belief, that neither the
Proposer nor its Principals are suspended, debarred, proposed for debarment, or
declared ineligible for the award of Agreements from the United States federal
government procurement or non-procurement programs, or are listed in the 0.
Excluded Parties List System in the System for Award Management (SAM) issued
by the General Services Administration.
2. Principals, for the purposes of this certification, means officers, directors, owners,
partners, and persons having primary management or supervisory responsibilities
within a business entity (e.g., general manager, plant manager, head of a subsidiary,
division, or business segment, and similar positions). y
3. The Proposer shall provide immediate written notice to the MCBOCC Director of
Purchasing if, at any time prior to award, the Proposer learns that this certification was
erroneous when submitted or has become erroneous by reason of other
circumstances.
4. This certification is a material representation of fact upon which reliance will be
placed when making the award. If it is later determined that the Proposer rendered an
erroneous certification, in addition to other remedies available to MCBOCC's Director
of Purchasing may terminate the Agreement resulting from this solicitation for default.
Printed Name of Representative:
Signature/Date: /
Company Name:
0.
Address: CL
City/State/Zip:
SSN or EIN No:
CL
24
Packet Pg. 1964
L1.h
ATTACHMENT B
Condition of Submitting Proposal
The undersigned Proposer has carefully examined all instructions, requirements, specifications,
terms, and conditions of the RFP and Agreement and certifies: 0.
1. It is a reputable company regularly engaged in providing goods and/or services
necessary to meet the requirements, specifications, terms, and conditions of the RFP
and Agreement. y
2. It has the necessary experience, knowledge, abilities, skills, and resources to e
satisfactorily perform the requirements, specifications, terms, and conditions of the
RFP and the Agreement. Further, if awarded, Proposer agrees to perform the 0.
requirements, specifications, terms, and conditions of the RFP and Agreement.
0
3. All statements, information, and representations prepared and submitted in response y
to the RFP are current, complete, true, and accurate. Proposer acknowledges that
Monroe County Board of County Commissioners' (MCBOCC) will rely on such y
statements, information, and representations in selecting the successful proposer(s).
4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the
time stated in the RFP.
5. It shall be bound by all statements, representations, warranties, and guarantees made
in its Proposal.
6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict
of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole
discretion.
0
7. All purchase orders must be duly authorized and executed by MCBOCC and subject to W
the terms and condition of the RFP and Agreement.
r-
❑ By checking this box, Proposer agrees that MCBOCC reserves the right to extend 2
the terms, conditions, and prices of this Agreement to other Institutions (such as
State, Local and/or Public MCBOCC) who express an interest in participating in
any Agreement that results from this RFP. Each of the piggyback institutions will
issue their own purchasing documents for the goods/ services. Proposer agrees
that MCBOCC shall bear no responsibility or liability for any agreements between
Proposer and the other Institution(s) who desire to exercise this option.
0
0.
VENDOR LEGAL NAME:
AUTHORIZED SIGNATURE: DATE:
0
PRINT NAME: TITLE:
c
ADDRESS: CITY, STATE, ZIP:
PHONE: EMAIL:
25
Packet Pg. 1965
L1.h
ATTACHMENT C
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
0
0.
ETHICS CLAUSE CL
A
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer 0.
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 0)
any fee, commission, percentage, gift, or consideration paid to the former County officer or employee."
(Signature)
Date:
c
STATE OF:
COUNTY OF:
0
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online 0)
C
notarization, on
(date) by (name of affiant). He/She is personally
known to me or has produced (type of identification) as
identification.
0
0.
NOTARY PUBLIC
My Commission Expires:
26
Packet Pg. 1966
L1.h
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
I, of the city of according
0.
to law on my oath, and under penalty of perjury, depose and say that:
I am of the firm of
the respondent making the Proposal for the
project described in the Notice for Calling for bids for:
and that I executed the said proposal with full authority to
do so:
0.
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;
0
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 W
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
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 z
awarding Agreements for said project.
(Signature of Respondent) (Date)
STATE OF:
COUNTY OF-
0
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her
signature in the space provided above on this _ day of 20
0
NOTARY PUBLIC
My Commission Expires:
27
Packet Pg. 1967
L1.h
ATTACHMENT E
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
0.
(Name of Business) CL
1. Publishes a statement notifying employees that the unlawful manufacture, distribution, y
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
0
0.
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 y
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), 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 of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community, or any employee
who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
0
0.
STATE OF
(Signature of Respondent) CL
COUNTY OF
Date
0
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
c
who, after first being sworn by me, (name of individual signing) CL
affixed his/her signature in the space provided above on this
day of 120
My commission expires: NOTARY PUBLIC
28
Packet Pg. 1968
L1.h
ATTACHMENT F
PUBLIC ENTITY CRIME STATEMENT
0
"A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, CL
may not submit a bid on a contract with a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under a contract with
any public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list."
CL
I have read the above and state that neither (Respondent's name) nor c
any Affiliate has been placed on the convicted vendor list within the last 36 months.
0
(Signature) .N
Date:
0
STATE OF:
COUNTY OF: c
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
r-
notarization, on (date) by 2
(name of affiant). He/She is personally known to me
or has produced (type of identification) as identification.
NOTARY PUBLIC
0.
My Commission Expires:
0
c
29
Packet Pg. 1969
L1.h
ATTACHMENT G
Draft Contract )
0
0.
CONTRACT
BETWEEN MONROE COUNTY, FLORIDA CL
and for
MOBILE VESSEL PUMPOUT SERVICE y
THIS AGREEMENT is made and entered into this day of , 2020, between the
Monroe County Board of County Commissioners and a -registered and
incorporated non-profit/for-profit corporation (hereinafter"Contractor'). 0.
WITNESSETH:
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 mobile vessel pumpout service (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, the
parties have entered into this Agreement (hereinafter"Agreement" or"Contract") as follows:
r_
Article 1.1.0 Representations and Warranties and Term of Contract
By executing this Contract, the CONTRACTOR makes the following express representations and
warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations
necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties
hereunder have been fully satisfied.
1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a 0.
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
part of this Contract will be adequate and sufficient to document costs in a manner that is c
acceptable for reimbursement by government agencies, therefore eliminating any additional
cost due to missing or incorrect information.
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.
30
Packet Pg. 1970
L1.h
1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with
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 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 0.
and shall entitle the COUNTY to terminate this contract immediately upon delivery of written
CL
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
CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and CL
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable
to the services to be provided. c
0
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. 2
1.1.8 Term of Agreement. The term of the Agreement shall commence on and c
end on unless terminated earlier under the terms of the Contract.
However, the Agreement is contingent upon sufficient, continuous funding to the County by
the Florida Department of Environmental Protection (FDEP) and/or other sources. If the
applicable FDEP (or other) funding agreement is cancelled or becomes insufficiently funded,
this Agreement is also void, unless the parties amend it in the same manner as it was
originally approved.
r_
0
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.
A detailed Scope of Services is attached as Exhibit "A." The CONTRACTOR shall be the --
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.
0.
Only anchor-out vessels ("anchor-outs") shall receive the Service. The Service cannot be provided
to, and therefore Contractor shall not serve: CL
A vessel that due its illegal anchoring, illegal mooring, location, or use, is in violation of c
federal, Florida, or local laws, ordinances, rules, or regulations, as determined by a local,
12
state, or federal agency; CL
A vessel that is rented, leased, sub-leased, assigned, or subject to any other form of
booking or occupancy agreement for tenancies of less than 28 days duration;
31
Packet Pg. 1971
L1.h
(33) 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;
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;
0.
A vessel that is facilitating, enabling, promoting, supporting, or sustaining a structure or
land use that the Planning & Environmental Resources Department or Code Compliance CL
Department has or have determined violates a provision of the Monroe County Code(s)
or Monroe County Comprehensive Plan; y
(66) 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 CL
objective, policy, or provision; c
0
(77) A vessel that has been deemed to constitute a nuisance by a court of competent y
jurisdiction or by an administrative hearing officer.
The CONTRACTOR shall immediately report to the Marine Resources Office:
(1) If it gains actual or constructive knowledge, or has credible reason to believe, that any vessel ,gin,
it is requested to service or any vessel it observes in the course of its performance of this
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 or held out to that effect; and
(2) 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
contract is in violation of any federal, Florida, or local law, ordinance, rule, or regulation. W
2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without
additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work
product of the CONTRACTOR.
Article 3.0 Amount of Compensation and Availability of Funds. --
3.1 The CONTRACTOR shall not charge any fees to anchored-out vessels for the services
rendered under this Agreement including, but not limited to, service fees and registration fees. In
addition, all employees including pumpout vessel operators shall not accept any private
compensation (including, but not limited to, tips) in connection with, or relation to, providing this 0.
service.
CL
The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the
objectives of the County as to providing mobile vessel pumpout service, shall pay to the c
CONTRACTOR up to the sum of DOLLARS ($ ) for the term of this
contract, based on a quota of pumpouts per month at a per unit(per pumpout) price of$
as indicated below.
Quarter 1 — pumpouts/month ( /quarter) at $ _ $
Quarter 2 — pumpouts/month ( /quarter) at $ _ $
Quarter 3 — pumpouts/month ( /quarter) at $ _ $
32
Packet Pg. 1972
L1.h
Quarter 4 — pumpouts/month ( /quarter) at $ _ $
Quarterly payments will be paid based on the quarterly quota being reached. If the quarterly quota is
not reached, payment will be based on the number of pumpouts performed at the cost per pumpout
of$ Payment will not be made for pumpouts exceeding the quarterly quota.
0.
If funds from FDEP or other sources cannot be obtained or cannot be continued at a level sufficient
CL
to allow for continued reimbursement of expenditures for services specified herein, this Agreement
may be terminated immediately at the option of the Board by written notice of termination delivered
to the CONTRACTOR. The Board shall not be obligated to pay for any services or goods provided
by the CONTRACTOR after the CONTRACTOR has received written notice of termination. Payment a
under this Agreement is contingent upon an annual appropriation by the Monroe County Board of
County Commissioners.
CL
3.2 Payment. The County shall pay the CONTRACTOR in current funds for the c
CONTRACTOR's performance of authorized work. Payments (as described above) will be made
quarterly by the County to the CONTRACTOR. The quarterly payments are based on the quarterly
quotas indicated above, at a per unit rate of$ Conditions for payment are as follows:
At the end of each quarter, 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. Quarterly invoicing shall be
based on a quarterly maximum number of pumpouts in each quarter at the per unit rate of
$ per pumpout. In the event the CONTRACTOR performs fewer pumpouts than the
quarterly quotas, the difference shall not be made up for in other quarters. In the event the
CONTRACTOR performs more than the applicable quota in any given quarter, the County shall
not pay for the additional pumpouts.
Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment shall c
be made only for services provided (i.e., individual pumpouts) and there are no reimbursable
items.
0
r-
CONTRACTOR's final invoice must be received within sixty (60) days after the termination or
expiration of this contract. 2
In addition, the CONTRACTOR shall provide quarterly invoicing documentation, as described above. W
Invoicing shall be made within fifteen (15) calendar days of the end of each quarter. .
3.3 Local Government Prompt Payment Act. Payment will be made according to the Local
Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the
0.
Monroe County Clerk of Court. The request must describe in detail the services performed, the
payment amount requested, and supporting documentation.
Annually, the CONTRACTOR must furnish to the County the following (prior to the payment of any
invoices, items (A) through (F) must be provided):
c
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
proprietorship, provide name of owner(s) and duration of ownership;
If a corporate entity or similar business organization, evidence of annual election of officers
and directors;
33
Packet Pg. 1973
L1.h
If a corporate entity, the entity's Articles of Incorporation and Bylaws;
(D) The entity's Policies and Procedures Manual, which must include hiring policies for all staff,
drug and alcohol free workplace provisions, and equal employment opportunity provisions;
Cooperation with County monitoring visits that the County may request during the contract
year; and
Other reasonable reports and information related to compliance with applicable laws, 0.
contract provisions, and the scope of services that the County may request during the
contract year.
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 a
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 COUNTY's Board of County
CL
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 c
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.
0
Article 4.0 Renewal. The County shall have the option to renew this Agreement based on funding
availability and in the discretion of the Monroe County Board of County Commissioners.
Article 5.0 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 c
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 6.1.0 Insurance
6.1.1 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 0)
insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses
resulting from such delay.
0.
6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate
this Contract.
0
6.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this Contract.
6.1.4 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, 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.
34
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L1.h
in
6.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed 2
as relievingthe CONTRACTOR from an liability or obligation assumed under this contract or
Y Y 9 �
imposed by law.
0
6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured 0.
and as a Loss Payee on all of the CONTRACTOR's insurance policies issued to satisfy this
Contract's requirements, except for Workers' Compensation.
6.1.7 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 a
given to the County by the insurer.
0
6.2.0 General Liability Insurance
0
6.2.1 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.
6.2.2 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. c
6.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) 2
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. W
0)
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, at a W
minimum:
0
Insurance Requirement Required Limits 0.
CL
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
c
Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated rL
with Longshoremen's Insurance) , the CONTRACTOR's Workers' Compensation Insurance Policy shall
include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not
less than $1 million.
35
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L1.h
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 .2
Workers' Compensation policy.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall 0.
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
$300,000 per occurrence y
$200,000 property damage
Pollution Liability $1 million per Occurrence
Recognizing that the work governed by this Agreement involves the storage, treatment, processing, W
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.
0
The minimum limits of liability shall be:
• $1 million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
Monroe County and its Board of County Commissioners shall be named as an Additional Insured.
Watercraft Liability $1 million Combined Single Limit (CSL)
Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain
0.
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:
0
• Injury (including death) to any Person;
• Damage to Fixed or Movable Objects;
• Costs Associated with the Removal of Wrecked Vessels; and
• Contractual Liability with Respect to this Agreement.
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.
36
Packet Pg. 1976
L1.h
in
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 0.
County.
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 0.
been reinstated or replaced.
0
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required y
insurance, either:
• Certificate of Insurance a
or
• A certified copy of the actual insurance policy.
0
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
Certificate of Insurance.
6.2.4 Coverage shall be maintained throughout the entire term of the contract.
6.2.5 Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida. c
6.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The 2
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 Q
Program.
6.2.7 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 0.
from the fund upon request from the County.
6.2.8 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.
6.2.9 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.
37
Packet Pg. 1977
L1.h
in
Article 7. 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:
p 9 9 �
(A)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 0.
contractual relationship with the County.
CL
(B)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. a
Article 8. Utilities. The CONTRACTOR shall be responsible for payment of any utility charges
CL
associated with the mobile pumpout service. All utility accounts shall be held in the CONTRACTOR's
name.
0
Article 9.0 Indemnification and Hold Harmless.
0
9.1 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 M 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.
0
9.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this Contract. Should any
claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and 2
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 W
further defend any claim or action on the COUNTY's behalf. 0)
9.3 In the event completion of the work assigned (to include the work of others) is delayed or 0)
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 delays. Should any claims be asserted against the COUNTY by virtue of any
deficiencies or ambiguity in the plans and specifications provided by the COUNTY or CL
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.
c
9.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for CL
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
entitled to damages for delay.
38
Packet Pg. 1978
L1.h
9.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for this 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 and any
damage incurred by the COUNTY as a result of additional costs caused by such errors shall be
chargeable to the CONTRACTOR. 0.
CL
9.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere in this Contract.
9.7 This indemnification shall survive the expiration or early termination of the Contract. a
Article 10. 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 c
County to inspect said facilities and equipment at any reasonable time. In addition, all operating
supplies and any additional equipment shall be the sole responsibility of the CONTRACTOR.
0
Article 11. 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
Agreement be more strongly construed against the County than against the CONTRACTOR.
Article 12. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be
responsible for the maintenance, repairs, and upkeep of facilities and equipment conveyed to, or c
provided for the use of, the CONTRACTOR. The CONTRACTOR shall maintain County dockage, or
other facilities, and all equipment in a clean, safe, and sanitary manner.
Article 13. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the
County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver 2
by the County of strict compliance with the terms of this Agreement, and specifications covering the W
services. Any CONTRACTOR's breach of this Agreement shall be governed by the article below on 0)
termination for cause. .
The CONTRACTOR agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's
maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator
may designate representatives to visit the facilities or offices periodically to conduct random open file
evaluations during the Contractor's normal business hours.
0
Article 14. Termination Without Cause. The County may terminate this Contract without cause by
providing the CONTRACTOR with written notice of termination at least thirty (30) days prior to the
date of termination. Compensation shall be paid to the CONTRACTOR through the end of provision CL
or services or for the thirty (30) days, whichever is shorter.
Article 15. 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 of
39
Packet Pg. 1979
L1.h
its obligations under this Agreement. Bases for default shall include, but is/are not limited to, the
occurrence of any one of the following events and same is not corrected to the satisfaction of the
County within fifteen (15) days after the County provides the CONTRACTOR with written notice of
said default:
0
Failure to provide pumpout services as described in this Agreement. 0.
Failure to comply with local, state, or federal rules or regulations pertaining to the operation
CL
of pumpout vessels or the handling and/or treatment of vessel waste.
Breach of any other term, condition, or requirement of this Agreement.
Article 16. Maintenance of Records. The CONTRACTOR shall comply with all public records and a
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
CL
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 c
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 `9
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 2
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 purposes not authorized by this
Agreement/Contract, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall c
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.
In addition, the CONTRACTOR shall, at its expense, provide the County with an annual audit,
prepared by an independent Certified Public Accountant, which shall conform to generally accepted 2
auditing standards, of the Statement of Revenues and Expenses associated with this Agreement W
with Monroe County, and which shall be submitted to the County within one hundred twenty (120) 0)
days following the close of the Contractor's fiscal year. .
The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities,
equipment, or vessels at any reasonable time.
0.
Article 17. Public Access and Public Records Compliance. The CONTRACTOR must comply CL
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 allow
0
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 CL
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 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
40
Packet Pg. 1980
L1.h
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 provision shall survive any
termination or expiration of the Contract.
The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws in
0.
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: CL
M Keep and maintain public records that would be required by the COUNTY to perform the ,
service.
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 CL
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
law.
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 y
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY. .
(4) 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 required
by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to c
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 c
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 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 W
COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR
must provide the records to the COUNTY or allow the records to be inspected or copied within
a reasonable time.
If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY 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 CL
violation of said provision(s) by the CONTRACTOR. A CONTRACTOR who fails to provide the
public records to the COUNTY or pursuant to a valid public records request within a reasonable time c
may be subject to penalties under Section 119.10, Florida Statutes.
CL
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
41
Packet Pg. 1981
L1.h
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(D-MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
Article 18. Compliance with Law. In providing all services pursuant to this Agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or 0.
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 c
this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of y
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 y
Agreement.
Article 19. Disclosure, Conflict of Interest, and Code of Ethics. .N
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.
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.
C
0
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of 2
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.
Article 20. 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, returned0.
receipt requested, to the following:
FOR MONROE COUNTY, FLORIDA:
0
Monroe County Administrator and Monroe County and Monroe County Attorney
1100 Simonton Street Senior Director 1111 121h St., Suite 408
Key West, FL 33040 Planning & Environmental Key West, FL 33041
Resources Department
2798 Overseas Hwy.
Marathon, FL 33050
42
Packet Pg. 1982
L1.h
FOR THE CONTRACTOR: in
Article 21. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax to 0.
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.
The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related
to services rendered under this Agreement.
Article 22. 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
CL
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. c
0
Article 23.1.0 Miscellaneous
0
23.1.1 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 COUNTY and consistent with the Contract, which approval shall be subject to such W
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 party hereto binds itself, its successors, assigns
and legal representatives to the other and to the successors, assigns and legal
representatives of such other party.
0
23.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party.
23.1.3 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 (5) 2
days' written notification to the CONTRACTOR. 0)
0
The COUNTY may cancel this Contract without cause by giving the CONTRACTOR 0.
sixty (60) days' written notice of its intention to do so.
CL
23.1.4 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 c
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, CL
may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the threshold E
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a
43
Packet Pg. 1983
L1.h
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
0.
may result in debarment from COUNTY's competitive procurement activities.
CL
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 y
by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been
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
vendor list.
0
CONTRACTOR will/shall promptly notify the COUNTY if it or any y
subcontractor or subconsultant is formally charged with an act
defined as a "public entity crime" or has been placed on the
convicted vendor list.
23.1.5 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 2
this Contract; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
23.1.6 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 0)
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 c
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 W
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits 0)
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 0.
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse 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,
44
Packet Pg. 1984
L1.h
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or 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
0.
23.1.7 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide CL
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 y
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
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to
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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
consideration. y
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23.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The
CONTRACTOR warrants that it has not employed, retained or otherwise had act on its 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, 2
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, commission,
percentage, gift, or consideration paid to the former COUNTY officer or employee.
23.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or 0)
degree with its performance under this Contract, and that only interest of each is to perform
and receive benefits as recited in this Contract. c
23.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow
the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: W
23.2.1 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).
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0.
23.2.2 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 L
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,
contractors must be required to pay wages not less than once a week. The COUNTY must place a
copy of the current prevailing wage determination issued by the Department of Labor in each
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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 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,
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 y
awarding agency.
23.2.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
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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
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each y
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 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 2
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.
23.2.4 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
wishes to enter into a contract with a small business firm or nonprofit organization regarding the 0)
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. W
23.2.5 Clean Air Act (42 U.S.C. 7401-7671 q.) 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. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 0.
-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA). L
23.2.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see c
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 CL
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
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under statutory or regulatory authority other than Executive Order 12549.
23.2.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
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,
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 y
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
23.2.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
0.
23.2.9 Other Federal Requirements.
23.3.0 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.
23.3.1 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 2
participate in the performance of contracts financed in whole or in part with COUNTY funds under
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
opportunity to participate in the performance of this Contract. In this regard, all recipients and
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 0)
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 c
pursuant to this Contract.
23.3.2 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify W
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. a,
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.
0.
23.3.3 NRCS Regulations. NRCS administers the EWP program through the following authorities:
• Section 216, Public Law 81-516 (33 U.S.C. Section 701 b);
• Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and c
c
• Section 382, Title III, 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.
Article 24. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida E
Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the
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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.
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Article 25. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' CL
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 this y
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 outside
the territorial limits of the COUNTY.
Article 26. 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 y
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 is
not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state
statute, and case law. 2
0
Article 27. 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 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 28. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the c
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 W
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.
0
0.
Article 29. 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 161h Judicial Circuit, Monroe County,
Florida, in the appropriate court or before the appropriate administrative body. This Contract shall CL
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
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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.
0
0.
Article 30. 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 CL
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 31. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree CL
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives of each of the parties. If the issue or issues are still not resolved to the c
0)
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. a
Article 32. Cooperation. In the event any administrative or legal proceeding is instituted against
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 Contract or c
provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that
no party to this Contract shall be required to enter into any arbitration proceedings related to this
Contract.
0
Article 33. 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
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 2
permitted by law unless the enforcement of the remaining terms, covenants, conditions and W
provisions of this Contract would prevent the accomplishment of the original intent of this Contract. 0)
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.
Article 34. 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 CL
CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates
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. CL
All such adjustments must be made within one year following the end of the Contract.
Article 35. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and
warrants that:
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(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 36. Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Contract have been duly authorized by all necessary County and corporate 0.
action, as required by law.
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Article 37. Entire Agreement. This Agreement constitutes the entire Agreement between the
County and the CONTRACTOR for the services contemplated herein. Any amendments or revisions
to this agreement must be in writing and be executed in the same manner as this Agreement. a
Article 38. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall
CL
bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their
respective legal representatives, successors, and assigns. c
0
Article 39. 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 y
Contract and will not be used in the interpretation of any provision of this Contract.
Article 40. Execution in Counterparts. This Contract may be executed in any number of W
counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Contract by
signing any such counterpart.
In Witness Whereof, the parties have executed this Contract as indicated below.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA 0)
r-
0
As Deputy Clerk Mayor Heather Carruthers
By: Signature: -
Witness (Print Name) --
By: On behalf of:
Witness (Signature)
STATE OF 0.
COUNTY OF
The foregoing instrument was acknowledged and attested before me this day of
20_, by who is personally known to me or produced
as proof of identification and did take an oath.
Notary Public Seal
Print Name
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Exhibit "A."
Scope of Services
for
Mobile Vessel Pumpout Service 0.
CL
The Contractor shall provide the Mobile Vessel Pumpout Service (the "Service")to anchored-out a,
vessels located in the water of Monroe County within the Florida Keys. This pumpout service is
being provided by the Monroe County Board of County Commissioners ("BOCC") to vessel
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 0
discharging sewage into waters within the Florida Keys National Marine Sanctuary (the "Florida CL
Keys No-Discharge Zone"), and in conformity with the BOCC's Proof of Pumpout Ordinance as W
authorized by Section 327.60(4), Florida Statutes.
The primary purpose and objective of the Service is providing mobile pumpout service to 0
anchored-out vessels in the waters of Monroe County with the Florida Keys. Maps of the primary
vessel anchorages in the Florida Keys, including the low-season number of anchored-out vessels
in each primary anchorage, are attached as Exhibit B for reference. Historically, there are an
estimated 200-250 long-term anchored-out vessels throughout the Florida Keys who have been
served by the mobile vessel pumpout service. 2
0
The following sections describe the Scope of Work and Deliverables for the provision of mobile
vessel pumpout service.
Section A: Scope of Work 0
I. 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 2
service area.
The Service shall be provided at no charge to all anchored vessels in the waters of Monroe
County within the Florida Keys, up to a maximum of one pumpout per week to each U)
individual vessel served.
0.
Vessel waste shall be offloaded and disposed of properly. :5
CL
a2
The Contractor shall perform the Service in a reasonable manner,ensuring that 1)sufficient 0
pumpouts are being provided to vessel owners and 2)pumpouts are being performed only
as necessary (e.g. no pumpouts performed for a few gallons of sewage from a 25 gallon 2
sewage tank) to ensure cost reasonableness. See Section IV for more clarification. U_
It Service Areas
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The Contractor shall provide the Service in the geographic regions as outlined in the
attached Service Area Maps. U)
III. Staffing 0.
CL
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 0
permitted under all federal, State, and local laws, ordinances, rules, and regulations, to CL
perform such activities, duties, or services. The Contractor's personnel shall not be W
considered "employees" of or be understood or deemed to have any individual legal
relationship or privity with, contractual or otherwise, with the Monroe County BOCC.
0
The primary duties of office personnel shall include, but shall not be limited to:
• Coordinating pump-out schedules;
• Registering customers for service; W
• 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:
• Operating a pumpout vessel(s)on a weekly schedule within their designated service
areas; z
• Maintenance of an adequate supply of identification decals, monthly endorsement 0
stickers, and orange pumpout flags; and o
• Continuous and uninterrupted regular maintenance of a written Daily Log as
specified in Section B., Part I. below.
IV. Registration of Customers Q
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 0.
participation in the Service and b) orange flags to be flown when in need of a pumpout. All E
such decals and flags shall be provided by the Contractor at no cost to the BOCC. c.
a�
Registration forms for participation in the Service shall be made available online through c
a website hosted by the Contractor, which the Contractor shall continuously maintain and
ensure is available and accessible to the public at all times. Registration forms shall also e
be made available directly from the Contractor's field personnel in each area of service.
Additionally, the Contractor may also provide registration forms at various marine
facilities throughout Monroe County. Registration to participate in the Service shall be free E
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for participants. Each participant must submit his or her registration information to the
Contractor, 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 shall U)
a) provide an orange pumpout flag to the vessel owner/operator and b) affix the
identification decal to the bow of the serviced vessel, adjacent to the location of its state 0
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 a,
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.) 0
which may reasonably result in a sewage leak or other breakdown, danger, or malfunction. CL
U-
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 0
vessel that does not display the orange pumpout flag even if the vessel is registered
for routine service.
The Contractor shall ensure that a service schedule for each service area placed into service
is continuously available for access by the public on the Contractor's website. The
registration forms provided on said website shall contain: 0
W)The mooring location of the vessel (latitude and longitude);
LZ.AThe registration (or documentation) number and state of registration
The size and type of the vessel; 0
L4JThe capacity of the holding tank(s) and waste outlet location(s)
The name of the vessel; C
LUContact information for the vessel owner and/or operator including phone, email and r-
mailing address; and
LZJA point of contact listed for the vessel.
i�
The registration form must be signed by the vessel owner and/or its operator and must
expressly authorize the Contractor to pump out the participating vessel and to board the
participating vessel to facilitate performance of a pumpout, if necessary. U)
0
For each new month of Service, the vessel owner/operator shall be provided a monthly 0.
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. a�
0
V. Public Education
CL
The Contractor shall continuously maintain a website in support of the Service. In addition
the Contractor shall develop and provide registration packets in support of the Service. In
partnership with Monroe County, the Contractor shall also provide public education
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materials and other instructional materials to the boating community. All educational
materials shall primarily focus upon the importance of clean water to the environment and
public health of the Florida Keys and its residents and visitors, and the pollution impacts U)
of sewage discharge into the environment. The Contractor shall also ensure that these
materials are available on its website. The Contractor may further distribute these materials 0
to facilities such as marinas, boating-related businesses, public facilities, and other �
locations where they may be reasonably accessed by the boating public. In addition, FWC a,
officers and staff may also distribute these materials.
VI. Coordination with County staff and FWC
0
The Contractor shall, at any and all times requested by Monroe County and at any and all CL
CL
times requested by the FWC, identify to the FWC or Monroe County any occupied vessels W
that are not participating in the Service or that are not requesting pumpouts. c
0
VIL Monitoring Devices c
The Contractor shall install appropriate GPS monitoring devices (e.g. SeaSync Marine) on
all pumpout vessels for remote tracking of activities. The monitoring device shall track the
location of each pumpout vessel,pumpout vessel activity, locations of pumpout customers
and duration of pumping time. Such equipment of monitoring device(s) shall at all times
comply with Florida Statue 934.425. An associated data software service shall be 0
subscribed to for use of the monitoring device, and for logging pumpout vessel activity
through the term of this contract. These devices shall be kept maintained and operable for
the term of this contract. The Contractor shall make the monitoring data accessible for
review by Monroe County. 0
VIII. Flow Meters C
The Contractor shall install appropriate flow meters on all pumpout vessels to record actual
gallons of sewage collected from each vessel served. The readings from these flow meters 2
shall be recorded on the Daily Pumpout Logs for each vessel served for accurate reporting
purposes. The flow meter reading shall be recorded on the Daily Pumpout Log prior to the
start of each pump and at the completion of each pump with a total quantity noted for each
vessel. Saltwater flushing or any other flow meter readings for pumping any material other U)
than sewage shall not be included in the total number of gallons reported on the Daily 0
Pumpout Logs. Flow meters shall be kept maintained and operable for the term of this 0.
E
contract.
c.
Section B: Deliverables
c
All deliverables below shall be submitted quarterly to the Marine Resources Office as 2
specified in the Contract, or as requested by Marine Resources staff, for reporting and U_
reimbursement purposes.
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L Monitoring Device Data
The Contractor shall submit access information (ie. log-in credentials) to the monitoring
device data.
0
0.
It Daily Pumpout Logs
The Contractor shall submit Daily Pumpout Logs,which shall be specific to each pumpout
vessel,pumpout vessel captain, and service area. The daily log shall include:
Date(s) of the service; 0
The name and registration number of each vessel pumped out; 0.
The number of gallons of sewage pumped out for each vessel (from flow meter data); W
The vessel location (i.e. anchorage/waterbody name)
The Contractor shall ensure that the volume of sewage pumped out shall be totaled at the 0
bottom of each pumpout log. u
III. Quarterly Pumpout Report(add per month break down) y
The Contractor shall submit a signed Quarterly Pumpout Report containing the following
information for a)each area of service as well as b)a summary of all service areas provided 0
t�
under this contract.
(a.) Monthly and Quarterly total number of pump outs performed;
(b.) Monthly and Quarterly total number of in-state vessels and out-of-state vessels
pumped out; z
(c.) Monthly and Quarterly total volume of sewage (in gallons)pumped out; c
(d.) Monthly and Quarterly total number of individual vessels pumped out; o
(e.) Monthly and Quarterly total number of vessels pumped out (for the entire service
area and broken down by vessel location), and
(f.) Methods and location of waste disposal utilized.
(g.) Gallons of fuel used in performance of this contract; and
(h.)Any education and outreach activities provided or performed in connection with this
contract.
0
0.
IV. Registration Info E
c.
The Contractor shall submit all registration information provided on the service registration
form for each customer registered for service.
c
V. Invoicing CL
The Contractor shall submit to the Marine Resources Office a signed invoice on company
letterhead for each quarter's payment, as stipulated in the Contract. E
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X. I I.1.h
Primary Anchorages in the Florida Keys
with Number and Location of Anchored Vessels receiving Mobile Vessel Pumpout Service
6-16-2020
Overview
The Monroe County Mobile Vessel Pumpout Service is provided to vessel owners throughout the Florida 00.
Keys as a means of reducing or eliminating the adverse environmental impacts associated with the illegal :5
discharge of sewage into the federally designated No-Discharge Zone. The Service's first priority is L
providing service to anchored-out vessels.
This report provides information on the number and locations of anchored-out vessels that currently receive 0)
pumpout service by Monroe County's pumpout vendor, Pumpout USA. In addition, nearby shoreside
pumpout facilities (including cost per pumpout) are provided on the following maps for reference. A CL
summary table is also provided below. W
0
This report is based on best available data from pumpout logs for the month of June 2019. This period is
considered"off-season" for vessels at anchor. Therefore, these numbers are conservative and anticipated to 0
be higher during the winter months when activity is greater.
Number of Proximity to
Region Primary Anchorages
Anchored Nearest Shoreside W
Vessels Pumpout Facility
Serviced (in miles)*
Wisteria 42 2
Fleming Key 55 1
Lower Keys Cow Key (North) 10 <1
(Key West to Stock Island)
Cow Key (South) 12 2
Boca Chica Basin 20 4
SUBTOTAL 139 0
Sugarloaf Sound 5 22 0
Lower Keys Niles Channel 2 14
(Sugarloaf to Big Pine Key) Newfound Harbor 9 14
Koehn Basin 2 8
W
SUBTOTAL 18 0
Middle Keys N/A N/A N/A
Little Basin 4 <1
Big Basin 4 <1
Windley(Wilson Key) 3 4 0.
Upper Keys Windley(OV Basin) 6 3 0
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Community Harbor 9 <1
Buttonwood Sound 3 10
Tarpon Basin 5 5
Jewfish Creek 8 6
SUBTOTAL 42 CL
GRAND TOTAL 199
*dependent on vessel draft and mast height restrictions. Nearest facility may not be appropriate for all vessels.
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1.1.i
Primary Anchorages in the Florida Keys
with Number and Location of Anchored Vessels receiving Mobile Vessel Pumpout Service
6-16-2020
Overview 0
The Monroe County Mobile Vessel Pumpout Service is provided to vessel owners throughout the Florida
Keys as a means of reducing or eliminating the adverse environmental impacts associated with the illegal 0.
discharge of sewage into the federally designated No-Discharge Zone. The Service's first priority is �
providing service to anchored-out vessels.
This report provides information on the number and locations of anchored-out vessels that currently receive
pumpout service by Monroe County's pumpout vendor, Pumpout USA. In addition, nearby shoreside
pumpout facilities (including cost per pumpout) are provided on the following maps for reference. A 0
summary table is also provided below. CL
W
This report is based on best available data from pumpout logs for the month of June 2019. This period is
considered"off-season" for vessels at anchor. Therefore, these numbers are conservative and anticipated to
be higher during the winter months when activity is greater. 00
Number of Proximity to
Region Primary Anchorages Anchored Nearest shoreside W
Vessels Pumpout Facility
Serviced (in miles)*
Wisteria 42 2
Lower Keys Fleming Key 55 1
(Key West to Stock Island) Cow Key (North) 10 <1
Cow Key (South) 12 2
Boca Chica Basin 20 4
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SUBTOTAL 139 0
Sugarloaf Sound 5 22
Lower Keys Niles Channel 2 14
(Sugarloaf to Big Pine Key) Newfound Harbor 9 14 0
Koehn Basin 2 8
SUBTOTAL 18
Middle Keys N/A N/A N/A
Little Basin 4 <1
Big Basin 4 <1
Windley(Wilson Key) 3 4
U er Ke s Windley(OV Basin) 6 3 00.
PP y Community Harbor 9 <1
Buttonwood Sound 3 10 m
Tarpon Basin 5 5
Jewfish Creek 8 6 0
SUBTOTAL 42 0
GRAND TOTAL 199
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