Item K09 �s K.9
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County of Monroe
�y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
County �a� Mayor Michelle Coldiron,District 2
�1 `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
April 21, 2021
Agenda Item Number: K.9
Agenda Item Summary #3037
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
No
AGENDA ITEM WORDING: Approval to Advertise a Request for Proposals (RFP) to Seek
Vendor(s) to Provide Mobile Vessel Sewage Pumpout Services in Designated Service Areas
throughout Waters of the Florida Keys, including Five (5) Service Areas: Key Largo, Islamorada,
the Lower Keys (from Shark Key to Big Pine Key), Stock Island, and Key West.
ITEM BACKGROUND: From 2013 through June 2020, Monroe County (County) operated a
Keys-wide Mobile Vessel Pumpout Program with service provided by the vendor, Pumpout USA.
On June 17, 2020, the Monroe County Board of County Commissioners (Board or BOCC) 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.
In July 2020, an RFP (attached) was published. In August 2020, the City of Key West partnered with
the County to provide temporary mobile pumpout services to vessels in anchorages surrounding Key
West and Stock Island through an Interlocal Agreement(ILA). This ILA currently provides services
through June 30, 2021. In addition, a short-term contract was established with On The Hook Marine
Services LLC to provide temporary pumpout service to anchored vessels in the Upper Keys. This
contract also provides services through June 30, 2021.
At the February 17, 2021 BOCC meeting, the Board rejected all bids received under the RFP so staff
could continue working with the City of Key West on assuming long-term service and develop a
revised RFP that would outline a more well-defined scope of work.
Staff is seeking approval to advertise a revised RFP for mobile vessel pumpout services. The revised
proposal seeks service to be provided in five (5) Service Areas including Key Largo, Islamorada, the
Lower Keys (from Shark Key to Big Pine Key), Stock Island, and Key West. Combined, these areas
contain 23 anchorages where regular, weekly pumpout service was historically provided by the
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previous Keys-wide service. The purpose of distinguishing these Service Areas is to ensure service
is provided in high-demand areas while eliminating service in remote and/or low-demand locations
that do not maximize the efficiency of the service and exceed the financial capacity for the County to
operate. It is anticipated that this narrowed, well-defined scope of work will result in greater cost
efficiency while ensuring mobile pumpout service is still provided in all traditional, long-term
anchoring locations throughout Keys waters. Pumpout service in the Middle Keys is currently
provided by the City of Marathon to vessels anchored within Boot Key Harbor or is available at
numerous shoreside pumpout locations for vessels located elsewhere in this municipal area.
Therefore, County-provided mobile service is not necessary in the Middle Keys. For the Key West
and Stock Island Service Areas, activation of these services will depend on continued negotiations
with the City of Key West.
Bid proposals requested in this RFP must be broken down by unit cost(ie. price per pump) for each
Service Area, in addition to an overall unit cost for all Service Areas. This will allow the County to
analyze costs for each Service Area and allow staff to finalize contracting terms based on service
needs and budgetary considerations once a Respondent(s) is selected by the Board. In addition, a
quota (i.e. maximum number of pumps) has been established for each Service Area. Payment for
services below the quota will be compensated based on the actual number of pumps, while services
at or above the quota will be compensated at the established quota level. Established quotas are
based on service records from the previous Keys-wide pumpout service as well as the more recent
temporary pumpout services. Bid proposals will be required to specify the total proposed monthly
and yearly cost per Service Area based on these quotas.
No proposed budget is provided in the RFP as the County is currently awaiting the State
Legislature's consideration of a $500,000 funding allocation request for these services which will
determine what the County will be capable of awarding.
Other changes included in the revised RFP include clarification on insurance requirements, stricter
lobbying prohibitions, revised flow meter and pumpout flag requirements, and additional registration
procedures for stronger monitoring and compliance purposes.
The RFP is scheduled for publication on April 24th and bid proposals will be opened on June 8th. A
Selection Committee is scheduled for June 22"d to review, score and rank the responses. The RFP
indicates that Monroe County prefers to contract with a single entity but may consider awarding
contracts to multiple contractors. Staff anticipates requesting selection of a respondent(s) at the July
BOCC meeting.
The revised RFP is provided for Board approval.
PREVIOUS RELEVANT BOCC ACTION:
June 2020- Approval to Advertise an RFP and Establish Temporary Services
February 2021 —Rejection of Bids received under previous RFP
CONTRACT/AGREEMENT CHANGES:
Yes
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STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Exhibit B - Service Area Maps
Pumpout RFP_4-6-21_FINAL
Exhibit A - Scope of Work
Exhibit C - Service Records
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: n/a
Source of Funds: n/a
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: no
County Match: n/a
Insurance Required: yes
Additional Details:
none
REVIEWED BY:
Emily Schemper Completed 04/01/2021 4:11 PM
Assistant County Administrator Christine Hurley Completed
04/05/2021 6:20 PM
Peter Morris Completed 04/06/2021 1:33 PM
Purchasing Completed 04/06/2021 1:34 PM
Budget and Finance Completed 04/06/2021 2:01 PM
Maria Slavik Completed 04/06/2021 2:02 PM
Liz Yongue Completed 04/06/2021 2:36 PM
Board of County Commissioners Pending 04/21/2021 9:00 AM
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MONROE COUNTY
REQUEST FOR PROPOSALS
FOR
MOBILE VESSEL PUMPOUT SERVICE
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BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron, District 2
Mayor Pro Tern, David Rice, District 4 '
Craig Cates, District 1
Mike Forster, District 5
Eddie Martinez, District 3
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DEADLINE FOR PROPOSALS: June 8, 2021 3:00 P.M.
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NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE IS HEREBY GIVEN that on Tuesday,June 8,2021, at 3:00 P.M.,the Monroe County Purchasing
Office will receive and open sealed responses for the following:
MOBILE VESSEL PUMPOUT SERVICES
MONROE COUNTY,FLORIDA
Pursuant to F.S. § 50.0211(3)(a), all published competitive solicitation notices can be viewed at: W
www.floridat�ubhcnotices.con, a searchable Statewide repository for all published legal notices. Requirements for
submission and the selection criteria may be requested from DemandStar by Onvia at www.demandstar.com OR 0
www.monroecountybids.com. The Public Record is available upon request. E
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In response to Covid-19,the Monroe County Purchasing Department has implemented a new electronic process for a)
reviewing and opening sealed bids. Monroe County is committed to continuing to receive and process competitive
solicitations while maintaining the health and safety 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/proposal/responses WILL
NOT be accepted.
The Monroe County Purchasing Department hereby directs that bids be submitted via email to: OMB-
no later than 3:00 P.M. on June 8, 2021. 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:
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Mobile Vessel Pumpout Services 06/08/2021
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. Please plan accordingly to ensure that your bid is not rejected
due to the file size. Should your bid documents exceed 25MB or otherwise be rejected or undeliverable to
B-BIDS,�W onroecounty-flm ov, in advance of the bid opening, please email: o b-
Purchasin (c onroecount�®flmov so accommodations for delivery of your bid can be made prior to the
bid opening. Please be advised that it is the bidder's sole responsibility to ensure delivery of their bid and
waiting until the bid opening to address or confirm your bid submission delivery will result in your bid
being rejected.
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The bid opening for this solicitation will be held virtually,via the internet, at 3:00 P.M., on June 8, 2021.
You may call in by phone or internet using the following:
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Join Zoom Meeting
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https:Hmcbocc.zoom.us/i/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805„4509326156#US (New York)
+16699006833994509326156#US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates:
Key West Citizen:Sat.,04/24/2021
Keys Weekly: Thur.,04/29/2021
News Barometer: Fri.,04/30/2021
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NOTICE OF PUBLIC MEETING
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Tuesday, June 22,
2021 beginning at 9:30 A.M., a PUBLIC MEETING will be held via Communication Media
Technology (CMT) using a Zoom Webinar platform. The meeting will be held of the
SELECTION COMMITTEE
for the project of
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PROPOSALS FOR0.
Mobile Vessel Pumpout Services
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The selection committee will evaluate the proposals received in response to the Request for
Competitive Solicitations issued for the above-named project. The evaluation and
recommendation of the selection committee are to be submitted to the Board of County
Commissioners. Persons interested in this issue are invited to attend. For more information,
please contact Celia Hitchins, Senior Administrator, Marine Resources Office, by telephoning
305-289-2505, or via email to: itchins-Celia(a}monroecounty®fl.gov.
Please visit the Monroe County Website at www.monroecounty®fl.gov for meeting
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agenda updates and information regarding the various options available to the public
to view the live meeting and/or to make public comments on certain agenda items.
ADA ASSISTANCE: If you are a person with a disability who needs special accommodations
in order to participate in this proceeding, please contact the County Administrator's Office, by
phoning (305) 292-4441, between the hours of 8:30 A.M.---5:00 P.M., no later than five (5) ®,
calendar days prior to the scheduled meeting; if you are hearing or voice-impaired, call "711".
Pursuant to Section 286.0105, Florida Statutes, notice is given that if a person decides to 0.
appeal any decision made by the Board of County Commissioners with respect to any matter
considered at such meetings or hearings, that person will need a record of the proceedings,
and that, for such purpose, that person may need to ensure that a verbatim record is made of 0.
the proceedings, which record includes the testimony and evidence upon which the appeal is
to be based.
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Request for Proposal for
Mobile Vessel Pumpout Service
1. Introduction:
The Monroe County Board of County Commissioners ("MCBOCC", "Monroe
County", or the "County") is requesting sealed proposals for a responsible, and
responsive, and qualified Respondent to provide mobile marine vessel sewage
pumpout service ("mobile pumpout service", "mobile pumpout service
operations", or "Service"/"service") to anchored-out vessels in designated Service
Areas throughout waters of the Florida Keys within Monroe County, Florida as
outlined in the attached Scope of Services (Exhibit A) and Service Area Maps
(Exhibit B). Monroe County prefers the service be provided by a single
Respondent/Contractor but may consider assigning contracts to multiple
Respondents/Contractors for one or more Service Area.
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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.
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
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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.
Interested firms or individuals will be evaluated and selected for recommendation
to the Board of County Commissioners by a selection committee. The selection
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). 'lei
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Further details/requirements are outlined in the sections below.
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2. Addenda /Updates:
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Any and all addenda will be added to the RFP posting on the MCBOCC web site
at: www.monroecountybids.com no later than June 1, 2021 at 3:00 P.M.
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.
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,
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and only to the extent time and staffing permit.
3. Backaround:
A. General Description:
1. Monroe County 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 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
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state waters surrounding the Florida Keys. In 2010 the NDZ was expanded
to encompass all waters within the Florida Keys National Marine Sanctuary.
2. MCBOCC is seeking to establish the County's mobile pumpout service
operations to anchored vessels in five (5) Service Areas located throughout
waters of the Florida Keys of Monroe County, Florida as shown in the
attached Service Area Maps (Exhibit B). The mobile pumpout service being 0.
sought does not include pumpout services to marinas or vessels moored at
shoreside locations.
B. Objective of the Reauest for Proposals for Service:
1. The service is divided into five (5) Service Areas: Key West, Stock Island, >
Lower Keys, Islamorada and Key Largo. Boundary maps for each Service
Area are provided in Exhibit B.
2. Historical mobile pumpout service records from June 2019 indicate that
weekly pumpout service was provided to approximately 199 long-term
anchored vessels throughout all Service Areas. An overview of vessel ®�
service records by specific anchorage is specified in the attached Service
Records (Exhibit C). Based on these records, as well service records from
temporary pumpout services provided from December 2020-February 2021, 0.
the County has established set quotas which are outlined in the Bid
Proposal Form (Attachment J) as well as the Draft Contract (Attachment K).
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3. Only anchored vessels ("anchor-outs") shall receive the service which shall
be provided at no cost to the vessel owner or operator.
4. The service should include a sufficient number of suitably equipped pumpout
vessels, vessel operators, and 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).
5. 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
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offloading due to funding restrictions, and therefore would not be authorized
by the County.
6. Monroe County prefers the service be provided by a single
Respondent/Contractor but may consider assigning contracts to multiple
Respondents/Contractors for one or more different proposed areas of
service coverage.
7. Compensation for the service will be based on available funding.
8. The MCBOCC's mobile pumpout contract(s) shall be managed by MCBOCC
staff, primarily by the Senior Administrator of the Monroe County Marine
Resources Office, housed within the Monroe County Planning &
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Environmental Resources Department.
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
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), Attachment
G (Scrutinized Companies List), Attachment H (Insurance Agent's �-
Statement), Attachment I (Insurance and Indemnification Statement), and
Attachment J (Bid Proposal Form) with the Proposal.
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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
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 CL
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All proposals must be delivered by 3:00 PM EST on June 8, 2021 ("Bid
Opening").
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
expense or destroyed after thirty (30) days, at the MCBOCC's election.
e. Governing Laws and Regulations
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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.
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 SQmanraecaunfy-fl.gay.
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ii. If any confidential financials are submitted, submit them in a separate
email from the rest of the proposal.
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.
iv. The subject line on all a-mails must read as follows: Mobile Vessel
Pumpout Services 06/08/2021. 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®
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PURCHASING(a�manraecaunfy®fl.gav for instructions. >
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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 'lei
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 0.
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
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.
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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.
f. Inquiries:
i. All questions concerning this RFP must be submitted by no later than
3:00 PM EST on May 27, 2021. Direct all questions via email to:
itchins®Celia(a} 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 0.
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 0.
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be construed as though it had been received and acknowledged and
the submission of his or her response will constitute acknowledgment
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
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
specifications. --
g. Source Selection and Agreement Award
i. Award(s), if made, will be made to the Responsive and Responsible
Vendor(s) whose proposal is most advantageous to MCBOCC, taking
into consideration price and the other evaluation criteria set forth in i
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. 0.
ii. MCBOCC reserves the right to negotiate price and Agreement terms
and conditions with the most qualified firm(s) to provide the requested
service in one or more Service Area(s). 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
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(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
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 prefers to contract with a single proposer/respondent, but
may consider assigning contracts to multiple proposers/respondents
for one or more different areas of service coverage.
h. Projected Timetable
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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.
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Event Date
RFP Issued April 24, 2021 CL
Deadline for submittal of questions May 27, 2021 by 3:00 PM
Deadline for issuance of Addenda June 1, 2021 by 3:00 PM
Proposals Due June 8, 2021 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
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. '
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2. To provide this Service at a cost most advantageous to the MCBOCC. ®,
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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 0
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, E
continued provision of the Service, including administrative advice and
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).
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6. To maintain records exemptions and confidential exemptions
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
information must not be used by the selected Proposer for other 0.
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
Florida law, including but not limited to the Florida Public Records0.
Act.
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.
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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.
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10.To work cooperatively and in good faith with the MCBOCC to assure
that all Service is rendered in a prompt, accurate, and authorized
manner. 0.
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.
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14.To undertake all other necessary tasks to properly administer the
Service, including but not limited to, eligibility for Service in accordance
with MCBOCC Staff authorization; sending communication materials on
an as needed basis; responding to telephone and written or
electronically submitted inquiries.
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
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accordance with Staff directives.
18.To provide the public and the MCBOCC with prompt, accurate and
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
directed by MCBOCC staff.
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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).
21.To negotiate terms and conditions of the initial Agreement with the ®�
MCBOCC on a timely basis. N
22.To provide a proposal for an initial Agreement term of at least 1 year from 'lei
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the date of commencement.
23.To provide that the MCBOCC may renegotiate the Agreement for 0.
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.
24.To undertake all other necessary tasks to properly administer the
Service as required by the MCBOCC.
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
11
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K.9.b
personnel. Such key field personnel and managers must include both
operational and management staff who are of sufficient authority within
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.
0
0.
28.To assent to the terms, obligations, and conditions provided for in the
attached Draft Contract (Attachment K., 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.
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)
i. MCBOCC staff 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.
Proposals may be rejected if found to be in non-conformance
with the requirements and instructions contained herein. A '
i
Proposal may be found to be non-responsive by reasons, 0.
including, but not limited to, failure to utilize or complete
prescribed forms, conditional Proposals, incomplete Proposals,
0.
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,
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.
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Packet Pg. 2354
K.9.b
d. The County will not give consideration to tentative or qualified
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
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 Respondent.
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 0.
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
0
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.
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
RFP specifications and other Agreement requirements if the Vendor is
awarded the Agreement.
7. Ambiguity, Conflict, or Other Errors in the RFP
If a proposer discovers any ambiguity, conflict, discrepancy, omission, or
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
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Packet Pg. 2355
K.9.b
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.
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
0.
MCBOCC is under no obligation to accept any Proposal and reserves the
right to accept or reject, in whole or in part, any or all proposals submitted.
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
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.
10. Validity of Proposals
All proposals must be valid for a period of one hundred twenty (120) days
from the proposal due date. T-'
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11.Protests ®,
CL
(Monroe County Purchasing Policy): Any Bidder/Respondent/Proposer who
claims to be adversely affected by the decision or intended decision to award a
contract shall submit in writing a notice of protest which must be received by the
County Attorney's Office within seventy-two (72) hours or three (3) business
days, whichever is less, after the posting of the notice of decision or intended
decision on DemandStar or posting of the Notice of Decision or Intended E
Decision on the Monroe County Board of County Commissioners' (BOCC)
agenda, whichever occurs first. Additionally, a formal written protest must be
submitted in writing and must be received by the County Attorney's Office
seventy-two (72) hours or three (3) business days prior to the Board of County
Commissioner's meeting date in which the award of contract by the Board of
County Commissioners will be heard. The only opportunity to address protest
claims is before the BOCC at the designated public meeting in which the
agenda item awarding the contract is heard. In accordance with the Rules of
Debate as set forth in the Monroe County Board of County Commissioners
14
Packet Pg. 2356
K.9.b
Administrative Procedures, the Bidder/Respondent/Proposer that filed the
protest is responsible for providing the Clerk with his/her name and residence
prior to the agenda item to award the contract being called in order to preserve
their 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 BOCC decision to award the
contract is final and at their sole discretion. Failure to timely protest within the
times and in the manner prescribed herein shall constitute a waiver of the ability
to protest the award of contract, unless the BOCC determines that it is in the
best interest of the County to do so. The filing of a protest shall not stop the )
solicitation, negotiations, or contract award process, unless it is determined that
it is in the best interest of the County to do so. 0.
12. Proposal Submission Requirements and Disqualification of CL
Respondents
0
a. MCBOCC reserves the right to reject any or all proposals, to waive
informalities in the proposals and to re-advertise for proposals. 0.
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
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.
i
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 'i
interests of the County. Responses which contain modifications, are 0.
incomplete, unbalanced, conditional, obscure, or which contain
additions not requested or irregularities of any kind, or which do not
0.
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
your Response may result in immediate disqualification of your
Response.
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
15
Packet Pg. 2357
K.9.b
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.
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 0.
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
public entity.
V. Lobbying and Conflict of Interest Clause. Any person
submitting a proposal in response to this invitation must 0.
execute the enclosed Lobbying and Conflict of Interest Clause
and submit it with his/her proposal. Failure to complete this An
form in every detail and submit it with the proposal may result
in immediate disqualification of the proposal.
0
e. The County does not assume any responsibility for errors or
misinterpretations resulting from the Respondent's use of incomplete
sets of RFP documents.
f. 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.
0.
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
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
16
Packet Pg. 2358
K.9.b
the Agreement.
14. Evaluation Criteria
a. Response Format:
i. 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
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 0.
anticipation of presenting the information orally or in a
demonstration, since oral presentations or demonstrations
may not be solicited. Each Respondent must submit adequate
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:
A. Cover Page
i
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.
B. Tabbed Sections 0.
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 proposed service for each Service Area.
II. Provide a preliminary budget for each Service Area. The budget shall be
itemized for specific costs such as personnel (including rates of pay), operations,
and administrative costs. If services can be provided for all Service Areas, a budget
shall also be specified for this level of service. The proposed budget shall be based
on a proposed number of pumpouts per month at a specified unit rate per pumpout
17
Packet Pg. 2359
K.9.b
(e.g. XX number of pumpouts/month at $XX per pumpout) for each Service Area.
A Bid Proposal Form (Attachment J) must also completed and submitted with the
proposal. This form, as well as the Draft Contract (Attachment K), outline the quota
for the number of pumpouts per month for each Service Area that have been
established by the County for compensation. The Respondent shall specify how
additional demand beyond the quota(s) would be handled. Evaluation points will be
allocated based on overall lowest pricing as well as consideration of lowest pricing
for each service area.
Tab 2. Past Performance, Qualifications, and Service Description. W
I. Record of general business experience including any outstanding 0.
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.
II. Record of materially relevant past performance and professional
accomplishments including a description of similar work in progress and/or 0.
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
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.
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
0.
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 and flow meters), 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.
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Packet Pg. 2360
K.9.b
VI. Service area. List the proposed service area(s)where service can be provided.
Monroe County prefers the service be provided by a single Respondent for all
Service Areas but may consider assigning contracts to multiple
Respondents/Contractors for one or more Service Area(s). If services cannot be
provided for a specific Service Area(s), the Respondent shall clarify the reason that
services are not proposed. Additional points will be assessed for proposals that
offer service to all Service Areas.
VI I. Service period. Describe the proposed term of service, or service
period(s). As previously indicated, 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 0.
discretion.
VI I I.Service availability. Describe the proposed availability of pumpout service (i.e.
number of hours/days per week), frequency of pumpouts, etc.
0
IX. Pumpout cost to customers. There shall be no costs incurred by anchored 0.
-
out vessels to receive this Service. However, please note that the County has no
prohibitions for the vendor to charge vessels at shoreside facilities (i.e. marinas)
and other locations outside the scope of this Service.
X. Provide a detailed start-up plan, including anticipated date of commencement
of proposed service, and/or additional costs or phasing of service.
2
XI. Additional Information: Provide any additional pertinent information that would
be helpful in the consideration of your response.
Tab 3. References FL
i
Each Respondent shall provide at least five (5) references for which the Respondent has
provided the same or similar services during the past three (3) years. It is preferred that 'lei
'
the references are from state or local governments, but private industry clients may also 0.
be used as references. Each reference shall include, at a minimum:
0
Name and full address of reference organization 0.
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.
Tab 4. Staffing
19
Packet Pg. 2361
K.9.b
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.
b. If particular staff with certifications and qualifications directly related to this proposal
are to be used for the performance of services under the contract, if awarded, specify
the names, proposed job titles, and qualifications of said personnel.
c. If any of the staff shall be comprised of volunteers, specify the following: The duties
which will be carried out by volunteers, the number of volunteers, and a mechanism )
for assurance that sufficient staff (total employees and volunteers) will be available
daily to fulfill all of the responsibilities of the Vendor. 0.
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?)
0
e. Describe your turn-over rate or list the length of time each current employee has been 0.
with the organization.
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
the strengths of the firm/team as it relates to this service.
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.
N
c. There shall be submitted the number of years the Respondent has been in business,
0.
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.
e. There shall be submitted a list of the officers, managing members, and directors of the
Respondent.
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:
20
Packet Pg. 2362
K.9.b
(i) Has the Respondent ever failed to complete work for which it has contracted? If
so, provide details.
(ii) Has the Respondent been a party within the last five years to a lawsuit or arbitration
or adversarial administrative proceedings? If so, provide details.
(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.
0
0.
(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
h. Provide information regarding any professional or operational permits and licenses 0.
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.
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.)
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? 'lei
'
(If yes, provide details.) 0.
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 0.
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
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
the County in connection with a contract to provide services, goods or construction
services? (If yes, provide details.)
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Packet Pg. 2363
K.9.b
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 0)
all professional and occupational licenses:
I. Certification Regarding Debarment or Suspension (Attachment A) 0.
11. 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)
VI 1. Scrutinized Companies List (Attachment G) 0.
VIII. Insurance Agent's Statement (Attachment H)
IX. Insurance and Indemnification Statement (Attachment 1)
X. Bid Proposal Form (Attachment J)
0
b. Evaluation Criteria (Factors)
Following the receipt of responses, the Selection Committee will meet in a
publicly noticed meeting and evaluate the responses based on the criteria
and point total below. The contract shall be awarded based on the
following criteria:
i
1. Detailed Proposed Project Approach and Business Plan:
Total points available for this criterion = 15 CL
2. Detailed Proposed Budget:
0
0.
Total points available for this criterion = 40
3. Detailed Record of General Business Experience:
Total points available for this criterion = 10
4. Detailed Record of Past Performance-and Experience with Similar
Projects:
Total points available for this criterion = 15
5. Technical Expertise, Educational, and Training Experience of the
Proposer and Its Staff and/or Any Anticipated Subcontracted Staff:
22
Packet Pg. 2364
K.9.b
Total points available for this criterion = 10
6. Equipment, Facilities, and Personnel to Be Used for the Service:
Total points available for this criterion = 10
7. 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(s), and Location of Proposer and/or Its 0)
Staff and/or Sub-Contractors within the Florida Keys:
0
0.
Total points available for this criterion = 10
CL
8. Ability to Start Immediately Upon Notice to Proceed from Monroe
County:
0
Total points available for this criterion = 10 0.
9. Bonus Points for Service Proposed for All Service Areas:
Total points available for this criterion = 10
Finalist Presentations (if applicable, see note below):
0
Note: MCBOCC may or may not elect to have a presentation. This decision will be
made by MCBOCC after review of the scores. If there is no clear winner, the highest
ranked 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.
i
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
direction of the Board of County Commissioners. The County, upon
selection of respondent/s and approval of the Board of County 0.
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.
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,
23
Packet Pg. 2365
K.9.b
qualifications, funding acquisition, and other factors deemed relevant.
e. The County also reserves the right to reject the response of a
Respondent who has previously failed to perform properly or to
complete contracts of a similar nature on time.
f. The recommendations of the County Administrator or his designee, will
be presented to the Board of County Commissioners of Monroe County,
Florida, for final awarding or otherwise. .
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
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
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.
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0.
0.
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K.9.b
ATTACHMENT 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:
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.
0
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). 0)
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.
2
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: 'lei
CL
Signature/Date: /
0.
Company Name: CL
Address:
City/State/Zip:
SSN or EIN No:
25
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K.9.b
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.
2. It has the necessary experience, knowledge, abilities, skills, and resources to
satisfactorily perform the requirements, specifications, terms, and conditions of the
0.
RFP and the Agreement. Further, if awarded, Proposer agrees to perform the
requirements, specifications, terms, and conditions of the RFP and Agreement. CL
3. All statements, information, and representations prepared and submitted in response
to the RFP are current, complete, true, and accurate. Proposer acknowledges that
Monroe County Board of County Commissioners' (MCBOCC) will rely on such
statements, information, and representations in selecting the successful proposer(s). 0.
4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the 0)
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.
i
❑ 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 i
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.
VENDOR LEGAL NAME:
AUTHORIZED SIGNATURE: DATE:
PRINT NAME: TITLE:
ADDRESS: CITY, STATE, ZIP:
PHONE: EMAIL:
26
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K.9.b
ATTACHMENT C
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
n 2
(Company) W
"...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 CL
provision the County may, in its discretion, terminate this Agreement without liability and may also, in
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration paid to the former County officer or employee."
0
CL
(Signature)
Date:
0
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on
i
N
(date) by (name of affiant). He/She is personally
'lei
CL
known to me or has produced (type of identification) as
identification.
0.
CL
NOTARY PUBLIC
My Commission Expires:
27
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K.9.b
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
I, of the city of according
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 2
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 0.
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
2
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 Agreements for said project.
i
N
(Signature of Respondent) (Date)
i
0.
STATE OF:
COUNTY OF: 0.
CL
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 to me or has produced (type of identification) as
identification.
NOTARY PUBLIC
My Commission Expires:
28
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K.9.b
ATTACHMENT E
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
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.
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
drug abuse violations.
0
3. Gives each employee engaged in providing the commodities or contractual services that 0.
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 polo 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.
N
6. Makes a good faith effort to continue to maintain a drug-free workplace through
0.
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
0.
above requirements.
CL
STATE OF:
COUNTY OF:
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 to me or has produced (type of
identification) as identification.
NOTARY PUBLIC
My Commission Expires:
29
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K.9.b
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
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." 0.
CL
I have read the above and state that neither (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
0
0
CL
(Signature)
Date: >
0
STATE OF: c
COUNTY OF: �--
Subscribed and sworn to (or affirmed) before me, by means of ❑ physical presence or ❑ online
notarization, on (date) by
i
(name of affiant). He/She is personally known to me
i
or has produced (type of identification) as identification.
0
0.
NOTARY PUBLIC
My Commission Expires:
30
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K.9.b
ATTACHMENT G
Scrutinized Companies List
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):
Respondent Vendor Name:
Vendor FEIN:
Vendor's Authorized Representative Name and Title:
Address: 0.
City: State: Zip: CL
:5
a�
Phone Number:
0
Email Address:
c
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering CL
""
into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the "-
company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida
Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from
bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of 51,000,000 >
or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies M
with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida 0
Statutes, or is engaged in business operations in Cuba or Syria.
As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in
the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel
List or engaged in a boycott of Israel and for Projects of S 1,000,000 or more is not listed on either the Scrutinized �--
Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum
Energy Sector List, or engaged in business operations in Cuba or Syria. z
I understand thatpursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject ®i
company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County
may be terminated, at the option of the County, if the company is found to have submitted a false certification W
or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or a.�
placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities U-
in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria.
Certified By: who is authorized to 0
sign on behalf of the above referenced company. E
Authorized Signature: CL
Print Name:
Title:
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business operations/state purchasing/vendor information/convict
ed suspended discriminatory complaints vendor lists
31
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K.9.b
Attachment H
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below.The following deductibles apply to
the corresponding policy,
POLICY DEDUCTIBLES
0
0.
CL
Liability policies are Occurrence Claims Made 0
0
CL
Insurance Agency Signature
BIDDERS STATEMENT
0
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all 2
the requirements. 0.
Bidder's Name and Title Signature
i
Company Name: N
i
CL
0.
CL
32
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K.9.b
Attachment I
Respondent's Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease,policy limits
$100,000 Bodily Injury by Disease, each
employee v)
0
General Liability $300,000 Combined Single Limit E
If split limits are provided, the minimum limits
acceptable shall be:
$200,000 per person 0
$300,000 per occurrence
$200,000 property damage
c.
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits
acceptable shall be:
$200,000 per person
$300,000 per occurrence c
$200,000 property damage
0
Pollution Liability $1,000,000 per occurrence
Watercraft Liability $1,000,000 Combined Single Limit
i
Jones Act Coverage $1,000,000
Longshoremen & Harbor Workers Coverage $1,000,000 CL
U-
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS 0.
E
The CONTRACTOR covenants and agrees to indemnify,hold harmless and defend Monroe County, its commissioners, CL
officers, employees, agents and servants from any and all claims for bodily injury, including death,personal injury, and
property damage,including property owned by Monroe County, and any other losses,damages, and expenses of any kind,
including attorney's fees,court costs and expenses,which arise out of,in connection with,or by reason of services provided
by the CONTRACTOR or any of its Subcontractor(s)in any tier,occasioned by the negligence, errors,or other wrongful
act or omission of the CONTRACTOR, including its Subcontractor(s) in any tier,their officers, employees, servants or
agents.
In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the
CONTRACTOR's failure to purchase or maintain the required insurance,the CONTRACTOR shall indemnify the County
from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by
virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR,the CONTRACTOR
33
Packet Pg. 2375
K.9.b
agrees and warrants that CONTRACTOR shall hold the County harmless and shall indemnify it from all losses occurring
thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars($10.00)of remuneration paid to the CONTRACTOR is consideration for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere
within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT )
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the 0
requirements. E
CL
Respondent Signature
0
CL
c�
0
2
i
cv
CL
0
0.
CL
34
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K.9.b
ATTACHMENT J
Bid Proposal Form
Proposers Name:
All pricing to reflect all-inclusive services on a per unit rate per pumpout.
Service Area Cost Pumps Total Total
Per Per Proposed Proposed 0.
pump Month Cost Cost
Quota (per month (per ear
0
Key West 400
0
4-
CL
Stock Island 150
0
Lower Keys 70 >
Islamorada 120
i
cv
i
Key Largo 130
0
0.
All Service Areas 870
35
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K.9.b
Attachment K
Draft Contract
CONTRACT
BETWEEN MONROE COUNTY, FLORIDA
and for w
MOBILE VESSEL PUMPOUT SERVICE
THIS AGREEMENT is made and entered into this day of , 2021, between the
Monroe County Board of County Commissioners and a -registered and
incorporated non-profit/for-profit corporation (hereinafter"Contractor').
CL
WITNESSETH:
0
WHEREAS, Monroe County has (hereinafter"Board of County Commissioners", "BOCC",
"Board", "Monroe County", or the "County") established certain objectives which are consistent with c
and supportive of the federally-designated No Discharge Zone and laws and regulations establishedCL
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 c
WHEREAS, the Contractor specified herein desires to provide such service(s); and
2
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the
parties have entered into this Agreement (hereinafter"Agreement" or"Contract") as follows:
Article 1.1.0 Representations and Warranties and Term of Contract
i
By executing this Contract, the CONTRACTOR makes the following express representations and
warranties to the COUNTY: ®i
CL
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. 0.
1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a CL
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 E
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
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.
36
Packet Pg. 2378
K.9.b
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
and shall entitle the COUNTY to terminate this contract immediately upon delivery of written
notice of termination to the CONTRACTOR.
1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent
contractor and is not an employee of the COUNTY. No statement contained in this Contract 0)
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
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable CL
to the services to be provided.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, c
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 CL
this Contract or with the provision of services or goods under this Contract.
1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by
both of the parties.
1.1.8 Term of Agreement. The term of the Agreement shall commence on and
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.
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 CL
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 0.
compliance within the County.
CL
Only anchor-out vessels ("anchor-outs") shall receive the Service. The Service cannot be provided
to, and therefore Contractor shall not serve:
A vessel that due its illegal anchoring, illegal mooring, location, or use, is in violation of
federal, Florida, or local laws, ordinances, rules, or regulations, as determined by a local,
state, or federal agency;
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;
37
Packet Pg. 2379
K.9.b
(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;
A vessel that is facilitating, enabling, promoting, supporting, or sustaining a structure or
land use that the Planning & Environmental Resources Department or Code Compliance
Department has or have determined violates a provision of the Monroe County Code(s)
or Monroe County Comprehensive Plan;
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
0.
federal, Florida, or local law, ordinance, rule, or regulation, or Comprehensive Plan
objective, policy, or provision; CL
(77) A vessel that has been deemed to constitute a nuisance by a court of competent
jurisdiction or by an administrative hearing officer.
0
The CONTRACTOR shall immediately report to the Marine Resources Office: CL
(1) If it gains actual or constructive knowledge, or has credible reason to believe, that any vessel
it is requested to service or any vessel it observes in the course of its performance of this
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.
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. CL
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 0.
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 CL
service.
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
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 $ _ $
38
Packet Pg. 2380
K.9.b
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.
If funds from FDEP or other sources cannot be obtained or cannot be continued at a level sufficient
to allow for continued reimbursement of expenditures for services specified herein, this Agreement
may be terminated immediately at the option of the Board by written notice of termination delivered
to the CONTRACTOR. The Board shall not be obligated to pay for any services or goods provided
by the CONTRACTOR after the CONTRACTOR has received written notice of termination. Payment
under this Agreement is contingent upon an annual appropriation by the Monroe County Board of
County Commissioners. 0.
3.2 Payment. The County shall pay the CONTRACTOR in current funds for the CL
CONTRACTOR's performance of authorized work. Payments as described above will be made
p Y ( )
quarterly by the County to the CONTRACTOR. The quarterly payments are based on the quarterly c
quotas indicated above, at a per unit rate of$ Conditions for payment are as follows:
4-
CL
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
be made only for services provided (i.e., individual pumpouts) and there are no reimbursable
items. County funds — whether derived from boating improvement funds/monies, or derived
from state or federal funding agreements/sources—cannot be used for lobbying or consulting. ®I
Construction of any putative ambiguity of this requirement shall be construed in favor of the
Monroe County Board of County Commissioners.
Ile i
CL
CONTRACTOR's final invoice must be received within sixty (60) days after the termination or
expiration of this contract.
0
In addition, the CONTRACTOR shall provide quarterly invoicing documentation, as described above.
Invoicing shall be made within fifteen (15) calendar days of the end of each quarter. CL
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
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):
39
Packet Pg. 2381
K.9.b
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;
If a corporate entity, the entity's Articles of Incorporation and Bylaws;
The entity's Policies and Procedures Manual, which must include hiring policies for all 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,
contract provisions, and the scope of services that the County may request during the
contract year. 0.
3.4 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not CL
obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the
County's fiscal year (October 1 - September 30) by the COUNTY's Board of County Commissioners. c
The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County
Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent
CL
upon an annual appropriation by the Board of County Commissioners and the approval of the Board
members at the time of Contract initiation, and is furthermore contingent upon sufficient, continuous
funding to the County by the DEP and/or other sources.
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 ®i
performance of the activities herein described, subject to the terms and conditions set forth in these
contract documents. Proof of such licenses and approvals shall be submitted to the County upon
request. The CONTRACTOR has, and shall maintain throughout the term of this contract, i
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.
0
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
insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses
resulting from such delay.
6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate
this Contract.
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.
40
Packet Pg. 2382
K.9.b
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.
6.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed
as relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed by law.
6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured
and as a Loss Payee on the CONTRACTOR' Commercial General Liability and Business
Automotive Liability insurance policies issued to satisfy this Contract's requirements, except for 0.
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 c
given to the County by the insurer.
0
6.2.0 General Liability Insurance
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 ®I
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. i
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)
days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written
by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY.
Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and
maintain General Liability insurance. Coverage shall be continuously maintained and include, at a
minimum:
Insurance Requirement Required Limits
41
Packet Pg. 2383
K.9.b
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this Agreement involves Maritime Operations, the CONTRACTOR'.,
Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Ac
(46 U.S.C.A. subsection 688) and the United States Longshoremen and Harbor Workers (USL&H)Act (33
USC Sections 901-950)with limits not less than $1 million.
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 °'
Workers' Compensation policy.
0
0.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person c
$300,000 per occurrence
$200,000 property damage 0.
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 c
0
$200,000 property damage >
Pollution Liability $1 million per Occurrence
Recognizing that the work governed by this Agreement involves the storage, treatment, processing,
or transporting of potentially polluting material, the CONTRACTOR shall purchase and maintain,
throughout the life of the contract, Pollution Liability Insurance which will cover and respond to bodily
injury, property damage, and environmental damage caused by a discharge of wastes which are
governed by this Agreement. The policy must specifically identify this contract and specify that
coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in
connection with, and/or related to the services governed by this Agreement.
The minimum limits of liability shall be: 0.
• $1 million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year E
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
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
42
Packet Pg. 2384
K.9.b
the life of this Agreement and include, at a minimum:
• 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.
The minimum limits acceptable shall be:
$1 million Combined Single Limit (CSL)
0.
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the
County.
The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire c
term of the Contract and any extensions specified in the attached schedules. Failure to comply with
these provisions may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or >
• A certified copy of the actual insurance policy.
The 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.
cv
6.2.4 Coverage shall be maintained throughout the entire term of the contract.
i
6.2.5 Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
0
0.
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
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 E
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
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
43
Packet Pg. 2385
K.9.b
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.
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:
The CONTRACTOR shall provide at its own expense all necessary personnel to provide the
services under this Agreement. The personnel shall not be employees of or have any
contractual relationship with the County.
0
0.
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 CL
such services.
0
Article 8. Utilities. The CONTRACTOR shall be responsible for payment of any utility charges
associated with the mobile pumpout service. All utility accounts shall be held in the CONTRACTOR's
CL
name.
Article 9.0 Indemnification and Hold Harmless.
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, ®I
including those of any subcontractors.
9.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for theCL
i
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
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 CL
further defend any claim or action on the COUNTY's behalf.
9.3 In the event completion of the work assigned (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purchase or maintain the required
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
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.
44
Packet Pg. 2386
K.9.b
9.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for
any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of
any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be
entitled to damages for delay.
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.
9.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance 0.
requirements contained elsewhere in this Contract.
CL
9.7 This indemnification shall survive the expiration or early termination of the Contract.
0
Article 10. 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
CL
by the County of strict compliance with the terms of this Agreement, and specifications covering the
services. Any CONTRACTOR's breach of this Agreement shall be governed by the article below on
termination for cause.
The CONTRACTOR agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's
maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator
may designate representatives to visit the facilities or offices periodically to conduct random open file
evaluations during the Contractor's normal business hours.
Article 11. 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 ®I
or services or for the thirty (30) days, whichever is shorter.
Article 12. Termination with Cause. In addition to all the terms set forth herein, the County mayCL
i
terminate this Agreement for cause if the CONTRACTOR shall default in the performance of any of
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: CL
Failure to provide pumpout services as described in this Agreement.
Failure to comply with local, state, or federal rules or regulations pertaining to the operation
of pumpout vessels or the handling and/or treatment of vessel waste.
Breach of any other term, condition, or requirement of this Agreement.
Article 13. Maintenance of Records. The CONTRACTOR shall comply with all public records and
records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and
Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records
directly pertinent to performance under this Contract as are necessary to document the performance
of this Agreement/Contract and expenses as incurred and in accordance with generally accepted
45
Packet Pg. 2387
K.9.b
accounting principles consistently applied. Records shall be retained for a period of 7 years from the
termination of this Contract or for a period of 3 years from the date of submission of the final
expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The COUNTY shall
have the right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provisions shall survive any
termination or expiration of the Contract. Each party to this Contract or its authorized representatives
shall have reasonable and timely access to such records of each other party to this Contract during
the term of the Contract and for four years following the termination of this Contract. If an auditor
employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to the
CONTRACTOR pursuant to this Agreement/Contract were spent for purposes not authorized by this 0.
Agreement/Contract, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall
repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, CL
running from the date the monies were paid by the COUNTY.
0
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
CL
auditing standards, of the Statement of Revenues and Expenses associated with this Agreement
with Monroe County, and which shall be submitted to the County within one hundred twenty (120)
days following the close of the Contractor's fiscal year.
The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities,
equipment, or vessels at any reasonable time.
Article 14. Public Access and Public Records Compliance. The CONTRACTOR must comply
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
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 ®I
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 beCL
i
deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision
in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all
attorney's fees and costs associated with that proceeding. This provision shall survive any
0.
termination or expiration of the Contract.
CL
The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws in
order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms
and conditions of this contract, the CONTRACTOR is required to:
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
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by
46
Packet Pg. 2388
K.9.b
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
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY.
Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records that would be required
by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to
the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If the CONTRACTOR keeps and maintains public records upon completion of 0.
the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public
CL
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.
0
A request to inspect or copy public records relating to a COUNTY Contract must be made CL
directly to the COUNTY, but if the COUNTY does not possess the requested records, the
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
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
may be subject to penalties under Section 119.10, Florida Statutes.
i
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.
'lei
0.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
0.
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- E
BRIAN(cD-MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL
33040.
Article 15. Compliance with Law. In providing all services pursuant to this Agreement, the
CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
47
Packet Pg. 2389
K.9.b
Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of
this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper
licenses to perform work in accordance with these specifications throughout the term of this
Agreement.
Article 16. Disclosure, Conflict of Interest, and Code of Ethics.
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.
0.
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 CL
contracts with Monroe County.
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
CL
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
Article 17. Notice Requirements. Any notice required or permitted under this Agreement shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
FOR MONROE COUNTY, FLORIDA:
Monroe County Administrator and Monroe County and Monroe County Attorney
1100 Simonton Street Senior Director 1111 121h St., Suite 408 ®I
Key West, FL 33040 Planning & Environmental Key West, FL 33041
Resources Department
2798 Overseas Hwy. i
Marathon, FL 33050
FOR THE CONTRACTOR:
0.
Article 18. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax to
its suppliers for materials used to fulfill its obligations under this 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 19. Financial Responsibility. The CONTRACTOR shall not pledge the County's credit or
make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any
form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation
48
Packet Pg. 2390
K.9.b
or indebtedness that would impair its ability to fulfill the terms of this Agreement.
Article 20.1.0 Miscellaneous
20.1.1 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
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 0.
representatives of such other party.
CL
20.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship,
contractual or otherwise, with or any rights in favor of, any third party. c
0
20.1.3 Termination. CL
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)
days' written notification to the CONTRACTOR.
0
The COUNTY may cancel this Contract without cause by giving the CONTRACTOR
sixty (60) days' written notice of its intention to do so.
20.1.4 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on
the convicted vendor list following a conviction for public entity crime may not submit a bid on
contracts to provide any goods or services to a public entity, may not submit a bid on a
contract with a public entity for the construction or repair of a public building or public work,
may not submit bids on leases of real property to public entity, may not be awarded or
perform work as a contractor, supplier, subcontractor, or consultant under a contract with anyCL
i
public entity, and may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
0.
By signing this Contract, CONTRACTOR represents that the execution of this Contract will CL
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Contract and recovery of all monies paid hereto, and
may result in debarment from COUNTY's competitive procurement activities.
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
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
49
Packet Pg. 2391
K.9.b
vendor list.
CONTRACTOR will/shall promptly notify the COUNTY if it or any
subcontractor or subconsultant is formally charged with an act
defined as a "public entity crime" or has been placed on the
convicted vendor list.
20.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is,
empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Contract; provided that all applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
0.
20.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no
CL
discrimination against any person, and it is expressly understood that upon a determination
by a court of competent jurisdiction that discrimination has occurred, this Contract
automatically terminates without any further action on the part of any party, effective the date
of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include CL
but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL
92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act
of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse
or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-
3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient
N
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 i
Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time,
relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13,
Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national
origin, ancestry, sexual orientation, gender identity or 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.
20.1.7 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
employee working solely for it, to solicit or secure this Contract and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Contract. For the breach or
violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to
50
Packet Pg. 2392
K.9.b
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.
20.1.8 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,
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. 0.
20.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently L
has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Contract, and that only interest of each is to perform
and receive benefits as recited in this Contract.
CL
20.2.0 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:
20.2.1 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 c
must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
20.2.2 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, i
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
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
awarding agency.
20.2.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where
51
Packet Pg. 2393
K.9.b
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
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
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.
0.
20.2.4 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 L
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research work
under that "funding agreement," the recipient or subrecipient must comply with the requirements of
37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms 0.
Under Government Grants, Contracts and Cooperative Agreements," and any implementing
regulations issued by the awarding agency.
20.2.5 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 c
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-
1387). Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
20.2.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see
2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989CL
i
Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible
under statutory or regulatory authority other than Executive Order 12549.
0.
20.2.7 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
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
20.2.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
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20.2.9 Other Federal Requirements.
20.3.0 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.
20.3.1 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
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 0.
opportunity to participate in the performance of this Contract. In this regard, all recipients and
CL
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
contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the
basis of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Contract. CL
20.3.2 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eli eligibility of all new employees hired b the CONTRACTOR during
Y Yg� YY g
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. c
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
20.3.3 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
i
• 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. i
Article 21. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the
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 0.
of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any
provision for waiver. E
Article 22. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of any
public agents or employees of the COUNTY, when performing their respective functions under this
Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the
performance of such functions and duties of such officers, agents, volunteers, or employees outside
the territorial limits of the COUNTY.
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Article 23. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or
Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by any participating entity, in which case the
performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract 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.
Article 24. 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 0.
her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable
CL
personally on this Contract or be subject to any personal liability or accountability by reason of the
execution of this Contract.
Article 25. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or CL
entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR
and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or
employee of either shall have the authority to inform, counsel, or otherwise indicate that any
particular individual or group of individuals, entity or entities, have entitlements or benefits under this
Contract separate and apart, inferior to, or superior to the community in general or for the purposes
contemplated in this Contract.
Article 26. 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,
N
Florida, in the appropriate court or before the appropriate administrative body. This Contract shall
not be subject to arbitration. The construction and interpretation of this Contract and all MonroeCL
i
County Comprehensive Plan provision(s), Florida Statutes, and Monroe County Code(s) provisions
shall be deferred in favor of the County and such construction and interpretation shall be entitled to
great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal. Mediation
proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida
Rules of Civil Procedure and usual and customary procedures required by the circuit court of CL
Monroe County.
Article 27. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event
any cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
expenses in appellate proceedings.
Article 28. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree
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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
satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may
be provided by this Contract or by Florida law. This provision does not negate or waive the
preceding provisions of this Contract concerning termination or cancellation.
Article 29. 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
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 0.
Contract.
Article 30. 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, CL
condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent
permitted by law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Contract would prevent the accomplishment of the original intent of this Contract.
The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
0
Article 31. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such >
documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by
CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates �--
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 ®i
was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs.
All such adjustments must be made within one year following the end of the Contract.
CL
Article 32. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and
warrants that:
0
0.
(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 33. Authority. Each party represents and warrants to the other that the execution, delivery E
and performance of this Contract have been duly authorized by all necessary County and corporate
action, as required by law.
Article 34. 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.
Article 35. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall
bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their
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respective legal representatives, successors, and assigns.
Article 36. Section Headings. Section headings have been inserted in this Contract as a matter of
convenience of reference only, and it is agreed that such section headings are not a part of this
Contract and will not be used in the interpretation of any provision of this Contract.
Article 37. Execution in Counterparts. This Contract may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken together shall
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. 0.
(SEAL) BOARD OF COUNTY COMMISSIONERS OF
KEVIN MADOK, CLERK MONROE COUNTY, FLORIDA
0
As Deputy Clerk Mayor Michelle Coldiron
0.
By: Signature:
Witness No. 1 (Print Name) [Name]
By: On behalf of:
Witness No. 1 (Signature) [Name] c
0
By:
Witness No. 2 (Print Name)
By:
Witness No. 2 (Signature)
i
cv
STATE OF
i
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
Notary Public— Print Name
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Exhibit "A."
Scope of Services
for
Mobile Vessel Pumpout Service
The Contractor shall provide the Mobile Vessel Pumpout Service (the "Service")to anchored-out
vessels located in the following Service Area(s): . This pumpout
service is being provided by the Monroe County Board of County Commissioners ("BOCC") to .2
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
discharging sewage into waters within the Florida Keys National Marine Sanctuary (the "Florida 0.
Keys No-Discharge Zone"), and in conformity with the BOCC's Proof of Pumpout Ordinance as �
authorized by Section 327.60(4), Florida Statutes. L
The primary purpose and objective of the Service is providing mobile pumpout service to c
anchored-out vessels in the Service Area(s) listed above. Boundary maps for each Service Area
12
are provided in Exhibit B. CL
The following sections describe the Scope of Work and Deliverables for the provision of mobile
vessel pumpout service.
Section A: Scope of Work 0
L Mobile Vessel Pumpout Service
The Contractor shall provide the Service consisting of a suitable number of marine
pumpout vessels and service hours/days to provide sufficient service in the proposed
service area(s).
0
The Service shall be provided at no charge to all anchored vessels located within the 0
boundaries of the Service Area(s)in the waters of Monroe County within the Florida Keys, U
up to a maximum of one pumpout per week to each individual vessel served.
Vessel waste shall be offloaded and disposed of properly.
X
LU
The Contractor shall perform the Service in a reasonable manner,ensuring that 1)sufficient
pumpouts are being provided to vessel owners and 2)pumpouts are being performed only E
as necessary to ensure cost reasonableness (e.g. weekly pumpouts shall not be performed c,
for a vessel that only needs bi-weekly or monthly service). See Section IV for more
clarification.
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.
III. Staffing
The Contractor shall, at its own expense, provide all office and field personnel and staff
required or reasonably necessary to perform and complete all duties and obligations
required under this contract, and all personnel and staff engaged in performing activities,
duties, or services pursuant to this contract or in the performance of activities associated .2
with this contract shall be professionally competent, and fully qualified, authorized, and
v)
permitted under all federal, State, and local laws, ordinances, rules, and regulations, to
perform such activities, duties, or services. The Contractor's personnel shall not be 0.
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. L
The primary duties of office personnel shall include, but shall not be limited to: c
• Coordinating pump-out schedules;
• Registering customers for service; U_
• 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.
0
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;
• Maintenance of an adequate supply of identification decals, monthly endorsement
stickers, and orange pumpout flags; and c
• Continuous and uninterrupted regular maintenance of a written Daily Log as
specified in Section B., Part I. below.
0
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IV. Registration of Customers ,
e(
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 w
participation in the Service and b) orange flags to be flown when in need of a pumpout. All LU
such decals and flags shall be provided by the Contractor at no cost to the BOCC.
Registration forms for participation in the Service shall be made available online through
a website hosted by the Contractor, which the Contractor shall continuously maintain and C
ensure is available and accessible to the public at all times. Monroe County shall supply
the Contractor a sample Registration Form for use. Upon online registration, the County
shall be provided an auto-generated copy of the completed form via email by the
Contractor. Registration forms shall also be made available directly from the Contractor's
field personnel in each area of service. Additionally, the Contractor may also provide
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registration forms at various marine facilities throughout Monroe County. The Contractor
shall be responsible for entering the registration information into a Registration Log for
submittal to Monroe County. Registration to participate in the Service shall be free 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
a) provide an orange pumpout flag to the vessel owner/operator explaining the
requirements for displaying the flag to receive service and b) affix the identification decal
to the bow of the serviced vessel, adjacent to the location of its state vessel registration
decal or waste pumpout location. An identification decal may not be provided to a vessel
owner or affixed to a vessel unless it has been serviced by the Contractor's pumpout vessel,
and service shall not be provided to any vessel (which does not have sewage to be pumped) 0.
simply for the purpose of acquiring an identification decal. Service may also be denied if
the vessel to be pumped is not properly equipped, as determined by the Contractor, to
provide for a safe, secure pumpout(for example, improper deck fittings, sewage lines, etc.)
which may reasonably result in a sewage leak or other breakdown, danger, or malfunction.
c
After the first service by the Contractor, a vessel owner/operator wishing to receive 0.
subsequent pumpout service shall display (i.e. hoist)the orange pumpout flag when service
is requested in order to receive pumpout service. The Contractor shall not pump out a
vessel that does not display the orange pumpout flag even if the vessel is registered
for routine service. The Contractor shall be responsible for lowering the pumpout flag at
the completion of the service so the vessel owner can confirm that service was received. 0
The vessel owner/operator shall be required to hoist the flag again to receive subsequent
pumpout service. 2
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
LUThe anchored location of the vessel (latitude/longitude and anchorage name); 0
The registration (or documentation) number and state of registration U
v)
LLJWhether the vessel owner/operator is a Monroe County resident; '
The size and type of the vessel;
The capacity of the holding tank(s) and waste outlet location(s);
The name of the vessel; w
LZJContact information for the vessel owner and/or operator including phone, email and
mailing address; E
LUA point of contact listed for the vessel;
(9.)Anticipated service need (e.g.. only once, weekly, biweekly or monthly); and
10. Vessel use category (e.g. year round local liveaboard vs. transient cruiser)
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.
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For each new month of Service, the vessel owner/operator shall be provided a monthly
endorsement sticker to be adhered to the identification decal as an acceptable proof of
pumpout for compliance with Monroe County's Proof of Pumpout Ordinance.
V. Public Education
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 .2
partnership with Monroe County, the Contractor shall also provide public education 0)
v)
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 0.
public health of the Florida Keys and its residents and visitors, and the pollution impacts �
of sewage discharge into the environment. The Contractor shall also ensure that these L
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
12
officers and staff may also distribute these materials. CL
VI. Coordination with County staff and FWC
The Contractor shall, at any and all times requested by Monroe County and at any and all
times requested by the FWC, identify to the FWC or Monroe County any occupied vessels 0
that are not participating in the Service or that are not requesting pumpouts. 76
2
VII. Monitoring Devices
The Contractor shall install appropriate GPS monitoring devices (e.g. SeaSync Marine) on
all pumpout vessels (and pumpout trucks, as applicable) for remote tracking of activities.
The monitoring device shall track the location of each pumpout vessel, pumpout vessel 0
activity, locations of pumpout customers and duration of pumping time. Such equipment 0
of monitoring device(s) shall at all times comply with Florida Statue 934.425. An U
associated data software service shall be 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. w
VIII. Daily Pumpout Logs E
The Contractor shall complete a Daily Pumpout Log for each day of service per pumpout
vessel and must be signed by the Pumpout Captain. A sample Daily Pumpout Log will be
provided by Monroe County for the Contractor's use. The log shall include the service
area, date of service, vessel location, vessel registration number, vessel name, in/out of
state registration, estimated gallons pumped per vessel, and offloading location. The
following items shall be totalled at the bottom of each pumpout log: 1)the total number of
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pumps,2)the total number of in-state and out-of-state vessels served, 3)the total estimated
volume of sewage pumped, and 4) the total number of offloaded gallons indicated by the
flow meter data (as specified in Section IX below). The number of gallons pumped per
vessel must be rounded to the nearest whole number and be based on the average rate of
flow of the pumpout vessel's pump. If a vessel requests service but no sewage is
pumped, this service shall not be included in the total number of pumps and will not
be compensated for payment.
IX. Flow Meters .
The Contractor shall install appropriate flow meters on all pumpout vessels to record actual
gallons of sewage offloaded from the pumpout vessel holding tank to the offloading 0.
facility. The meter shall be installed on the discharge side of the pumpout vessel holding
tank for accurate readings. The readings from these flow meters shall be recorded on the
Daily Pumpout Logs for accurate reporting purposes. The flow meter reading shall be
recorded on the Daily Pumpout Log at the completion of each offloading event with a total
number of gallons offloaded noted for each vessel per day of service. Saltwater flushing or
any material other than sewage shall not be included in the total number of offloaded 0.
gallons reported on the Daily Pumpout Logs. Flow meters shall be kept maintained and
operable for the term of this contract.
Section B: Deliverables
0
All deliverables below shall be submitted quarterly to the Marine Resources Office as
specified in the Contract, or as requested by Marine Resources staff, for reporting and 0
reimbursement purposes.
L Monitoring Device Data
The Contractor shall submit access information (ie. log-in credentials) to the monitoring 0
device data.
0
U
II. Daily Pumpout Logs '
The Contractor shall submit Daily Pumpout Logs,which shall be specific to each pumpout
vessel,pumpout vessel captain, and service area as outlined in Section A,Part VIII above. w
III. Quarterly Pumpout Report E
The Contractor shall submit a signed Quarterly Pumpout Report containing the following
information for a) each Service Area as well as b)a summary of all Service Areas provided
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
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pumped out;
(c.) Monthly and Quarterly total estimated volume of sewage (in gallons)pumped out;
(d.)Monthly and Quarterly total number of gallons offloaded;
(e.) Monthly and Quarterly total number of individual vessels pumped out;
(f.) Monthly and Quarterly total number of vessels pumped out (for the entire service
area and broken down by vessel location);
(g.) Methods and location of waste disposal utilized;
(h.) Gallons of fuel used in performance of this contract;
(i.) Any education and outreach activities provided or performed in connection with this .2
contract; and
v)
The service schedule for each Service Area.
0
0.
IV. Registration Info :5
c.
The Contractor shall submit all registration information provided on the registration form .0
for each customer registered for service. A sample Registration Log form shall be provided
by the County.
V. Invoicing
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.
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X. I K.9.d'
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
Keys as a means of reducing or eliminating the adverse environmental impacts associated with the illegal
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. �
2
This report is based on best available data from pumpout logs for the month of June 2019. This period is a
considered"off-season" for vessels at anchor. Therefore, these numbers are conservative and anticipated to 20
be higher during the winter months when activity is greater. 0
a.
Number of Proximity to
Re ion Primary Anchora es Anchored Nearest Shoreside 0
g y g Vessels Pumpout Facility
Serviced (in miles)*
Wisteria 42 2 0
Lower Ke s Fleming Key 55 176
y Cow Key (North) 10 <1
(Key West to Stock Island) 0
Cow Key (South) 12 2 0
Boca Chica Basin 20 4 �--
SUBTOTAL 139'
Sugarloaf Sound 5 22 0
Lower Keys Niles Channel 2 14
(Sugarloaf to Big Pine Key) Newfound Harbor 9 14
Koehn Basin 2 8
0
SUBTOTAL 18
Middle Keys N/A N/A N/A U
Little Basin 4 <1 _
Big Basin 4 <1
Windley(Wilson Key) 3 4
Upper Keys Windley(OV Basin) 6 3
Community Harbor 9 <1
Buttonwood Sound 3 10
Tarpon Basin 5 5
Jewfish Creek 8 6
SUBTOTAL 42
GRAND TOTAL 199
*dependent on vessel draft and mast height restrictions. Nearest facility may not be appropriate for all vessels.
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