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Item K05 �s K.5 r`, County of Monroe �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS County �a� Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting July 21, 2021 Agenda Item Number: K.5 Agenda Item Summary #8402 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 No AGENDA ITEM WORDING: Approval of a Contract with On The Hook Marine Services, LLC, to Provide Mobile Vessel Pumpout Services To Anchored Vessels in All Five (5) Designated Service Areas Throughout the Florida Keys in an Amount Not To Exceed $535,258.80 for Twelve (12)Months of Service Commencing October 1, 2021. ITEM BACKGROUND: On April 21 st, 2021, the Monroe County Board of County Commissioners ("Monroe County", "County", "Board", or"BOCC") approved advertisement of a new Request for Proposals ("RFP")to obtain a vendor to provide Mobile Vessel Pumpout Services to anchored vessels in the attached approved service areas throughout the Florida Keys. The RFP specifically sought provision of services in five (5) distinct service areas including Key Largo, Islamorada, the Lower Keys (i.e., from Shark Key to Big Pine Key), Stock Island, and Key West. In response to this competitive solicitation, the attached one proposal was received from On The Hook Marine Services, LLC ("On the Hook" or"respondent"). A Selection Committee convened on June 22ad, 2021, to review, score, and rank the response. The Selection Committee considered this respondent's proposal to be qualified for Board consideration, and On the Hook's proposal received 120 points out of 130 available points. On the Hook has proposed, in response to the RFP, service to vessels in all of the above approved service areas at a cost of$51.27 per pump for a total annual cost of$535,258.80. The respondent's proposal indicates that service will be provided six (6) days/week(up to seven (7) days, if necessary) utilizing two primary vessels, one backup/emergency vessel and two towing vehicles. Personnel will include two qualified captains, two mates, one emergency captain/mate, an operations/maintenance manager, and two (2) administrative staff. On the Hook's proposal also indicates that it can commence service immediately utilizing existing pumpout vessels with larger vessels put into service within 30-90 days of contract execution. A detailed record of past performance, relevant business experience and understanding of the program was also provided by On the Hook. Its service in the above-referenced service areas will be free of charge to all registered vessel owners. The professional staff of the Planning& Environmental Resources Department's Marine Resource Packet Pg. 2201 K.5 Office have requested Board approval, in a separate item on the instant regular July 2021 BOCC agenda, and Board approval of the Selection Committee's ranking of the sole proposer, On the Hook, responding to the subject RFP. To that end, the staff have prepared the attached associated contract with On the Hook for Board consideration and approval. On the Hook is currently under contract with Monroe County for the provision of temporary mobile pumpout service to vessels anchored in the Upper Keys through September 30th 2021. The County is facilitating similar temporary mobile pumpout service to vessels anchored around the islands of Key West and Stock Island via an interlocal agreement entered into with the City of Key West, for City provision of that temporary pumpout service. In order to obviate any gap in these existing services, the attached draft contract with On the Hook provides for a service commencement date of October 1st, 2021. For the state fiscal year beginning July 1st, 2021 through June 30th 2022, Monroe County has received $1 million in funding from the Florida Legislature to support of this pumpout service. These funds will be utilized to defray all costs of this service through June 30th, 2022, when the funds are scheduled to expire. The attached proposed contract is for a term of twelve (12) months through September 30th, 2022. To address the funding gap in the period from July through September 2022, Monroe County intends to submit a request for continued supplemental funding to the Florida Legislature for state fiscal year 2022-2023. If no supplemental funding is provided, the Marine Resources Office has budgeted the necessary funding amount($133,814.70) in the County Boating Improvement Fund (BIF") for Monroe County's fiscal year 2021-2022 to cover this period of the contract. Marine Resources staff may also additionally, or in the alternative, seek supplemental funding from the Florida Department of Environmental Protection's ("DEP") Clean Vessel Act grant program ("CVA program"), if necessary. PREVIOUS RELEVANT BOCC ACTION: April 2021 —BOCC approval to advertise Request for Proposals ("RFP") CONTRACT/AGREEMENT CHANGES: No STAFF RECOMMENDATION: Approval DOCUMENTATION: Contract with On The Hook Exhibit A - Scope of Work Exhibit B - Service Area Maps COIs On The Hook proposal FINANCIAL IMPACT: Effective Date: October 1, 2021 Expiration Date: September 30, 2022 Packet Pg. 2202 K.5 Total Dollar Value of Contract: $535,258.80 Total Cost to County: $133,814.70 (TBD) Current Year Portion: $0 Budgeted: Yes Source of Funds: $401,444.10 (Legislative Allocation); $133,814.70 (County BIF - TBD) CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: Yes, Legislative Allocation will be administered by Grant Agreement with DEP County Match: No Insurance Required: Yes, approved & attached Additional Details: 07/01/21 NEW COST CENTER ADDED $1,000,000.00 Grant Account for Legislative Allocation 07/01/22 157-62613 - B I FEES/RETAINED VESSEL $133,814.70 Potential BIF Funding need for July-Sept 2022 Total: $1,133,814.70 REVIEWED BY: Michael Roberts Completed 06/28/2021 10:41 AM Emily Schemper Completed 06/30/2021 12:33 PM Assistant County Administrator Christine Hurley Completed 06/30/2021 12:49 PM Peter Morris Completed 06/30/2021 4:28 PM Purchasing Completed 07/01/2021 3:16 PM Budget and Finance Completed 07/02/2021 10:25 AM Maria Slavik Completed 07/02/2021 10:26 AM Liz Yongue Completed 07/02/2021 11:33 AM Board of County Commissioners Pending 07/21/2021 9:00 AM Packet Pg. 2203 K 5.a CONTRACT BETWEEN MONROE COUNTY, FLORIDA and ON THE HOOK MARINE SERVICES, LLC for MOBILE VESSEL PUMPOUT SERVICE THIS AGREEMENT is made and entered into this 21s'day of July, 2021, between the y Monroe County Board of County Commissioners and On The Hook Marine Services, LLC, a Florida- registered and incorporated for-profit corporation (hereinafter"Contractor'). WITNESSETH: 0 0. WHEREAS, Monroe County has (hereinafter"Board of County Commissioners", "BOCC", "Board", "Monroe County", or the "County") established certain objectives which are consistent with and supportive of the federally-designated No Discharge Zone and laws and regulations established by the federal and state governments of the United States and Florida; and c WHEREAS, it has been determined that it is in the best interest of the residents of the le County that a contract for mobile vessel pumpout service (hereinafter"Service" / "service") be entered into with a private provider of such service(s); and WHEREAS, the Contractor specified herein desires to provide such service(s); and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have entered into this Agreement (hereinafter "Agreement' or"Contract") as follows: Article 1.1.0 Representations and Warranties and Term of Contract 0 By executing this Contract, the CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations0. 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 manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that is 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 c his performance and with regard to those directly under his employ or authority. 1.1.4 The CONTRACTOR' services shall be performed as expeditiously as is consistent with E 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 1 Packet Pg. 2204 K.5.a and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and is not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees of the COUNTY. As an independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and . comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 0 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, 0. color, national origin, sex, age, or any other characteristic or aspect which is not job relatedCL in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. 0 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. le 1.1.8 Term of Agreement. The term of the Agreement shall commence on October 1, 2021, and end on September 30, 2022, 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. 0 A detailed Scope of Services is attached as Exhibit "A." The CONTRACTOR shall be the exclusive provider of mobile vessel pumpout services for the County in the service area(s) specified 0. in the attached Scope of Services and shall also coordinate with the County and with the Florida Fish and Wildlife Conservation Commission ("FWC") on providing and ensuring sewage pumpout compliance within the County. Only anchor-out vessels ("anchor-outs") shall receive the Service. The Service cannot be provided to, and therefore Contractor shall not serve: (11) 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; (22) 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; (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; (44) 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; 2 Packet Pg. 2205 K.5.a 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 y competent jurisdiction, or an administrative hearing officer has held is in violation of a federal, Florida, or local law, ordinance, rule, or regulation, or Comprehensive Plan objective, policy, or provision; A vessel that has been deemed to constitute a nuisance by a court of competent 0. jurisdiction or by an administrative hearing officer. CL The CONTRACTOR shall immediately report to the Marine Resources Office: 0 (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 le 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. 2 3.1 The CONTRACTOR shall not charge any fees to anchored-out vessels for the services rendered under this Agreement including, but not limited to, service fees and registration fees. In addition, all employees including pumpout vessel operators shall not accept any private compensation (including, but not limited to, tips) in connection with, or relation to, providing this 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 Five Hundred Thirty-Five Thousand Two Hundred Fifty-Eight DOLLARS and Eighty CENTS ($535,258.80) for the term of this contract, based on a quota of 870 pumpouts per month at a per unit(per pumpout) price of$51.27 for a maximum monthly compensation amount of$44,604.90. . Monthly payments will be paid based on the monthly quota being reached. If the monthly quota is E not reached, payment will be based on the number of pumpouts performed at the cost per pumpout of $51.27. Payment will not be made for pumpouts exceeding the monthly 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 3 Packet Pg. 2206 K.5.a 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. 3.2 Payment. The County shall pay the CONTRACTOR in current funds for the y CONTRACTOR's performance of authorized work. Payments (as described above) will be made monthly by the County to the CONTRACTOR. The monthly payments are based on the monthly quota indicated above, at a per unit rate of$51.27. Conditions for payment are as follows: At the end of each month, the CONTRACTOR shall provide an invoice acceptable to the 0. Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of service(s) as described in the attached incorporated Scope of Services. Monthly invoicing shall be based CL on a monthly maximum number of pumpouts in each month at the per unit rate of $51.27 per pumpout. In the event the CONTRACTOR performs fewer pumpouts than the monthly quota, c the difference shall not be made up for in other months. In the event the CONTRACTOR performs more than the applicable quota in any given month, the County shall not pay for the le 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. Construction of any putative ambiguity of this requirement shall be construed in favor of the Monroe County Board of County Commissioners. CONTRACTOR's final invoice must be received within sixty (60) days after the termination or expiration of this contract. In addition, the CONTRACTOR shall provide monthly invoicing documentation, as described above. Invoicing shall be made within fifteen (15) calendar days of the end of each month. 3.3 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the c 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): 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 4 Packet Pg. 2207 K.5.a Other reasonable reports and information related to compliance with applicable laws, contract provisions, and the scope of services that the County may request during the contract year. 3.4 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the y County's fiscal year (October 1 - September 30) by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation, and is furthermore contingent upon sufficient, continuous 0. funding to the County by the DEP and/or other sources. CL 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. c Article 5.0 Contractor's License. The CONTRACTOR shall secure, maintain and pay for any le 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. °3 By signature hereon, the CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The CONTRACTOR has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and hereby represents that it will at all times conduct its business activities in a reputable manner. 0 Article 6.1.0 Insurance 6.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance0. 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 c 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. 0 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. 5 Packet Pg. 2208 K.5.a 6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on the CONTRACTOR's Commercial General Liability and Business Automotive Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 6.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, y material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 6.2.0 General Liability Insurance 0 0. 6.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her/its own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the c 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 le named as an additional insured on all subcontractors' liability policies. Upon request of County, the CONTRACTOR shall provide such evidence of insurance required of the subcontractor. 6.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the County as specified herein, and, when requested by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 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 c minimum: Insurance Requirement Required Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee 0 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. 6 Packet Pg. 2209 K 5.a General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Q Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: 0. $200,000 per person $300,000 per occurrence a, $200,000 property damage Pollution Liability $1 million per Occurrence le Recognizing that the work governed by this Agreement involves the storage, treatment, processing, or transporting of potentially polluting material, the CONTRACTOR shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will cover and respond to bodily injury, property damage, and environmental damage caused by a discharge of wastes which are governed by this Agreement. The policy must specifically identify this contract and specify that coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in connection with, and/or related to the services governed by this Agreement. The minimum limits of liability shall be: • $1 million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required. Monroe County and its Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability $1 million Combined Single Limit (CSL) Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of this Agreement and include, at a minimum: • Injury (including death) to any Person; • Damage to Fixed or Movable Objects; • 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) 7 Packet Pg. 2210 K.5.a 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 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: c 0. • Certificate of Insurance CL or 0 • A certified copy of the actual insurance policy. le The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies upon request by the County, notwithstanding that the CONTRACTOR may have already provided a Certificate of Insurance. 6.2.4 Coverage shall be maintained throughout the entire term of the contract. 6.2.5 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 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 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 c from the fund upon request from the County. 6.2.8 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 6.2.9 The CONTRACTOR shall provide to the COUNTY certificates of insurance and/or a copy of all insurance policies including those naming the COUNTY as an additional insured and as a loss payee. The COUNTY reserves the right to require a certified copy of such policies upon request. 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. 8 Packet Pg. 2211 K.5.a All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under Federal, State, and local laws to perform such services. Article 8. Utilities. The CONTRACTOR shall be responsible for payment of any utility charges y associated with the mobile pumpout service. All utility accounts shall be held in the CONTRACTOR's name. Article 9.0 Indemnification and Hold Harmless. 0 0. 9.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, CL 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 c 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, °3 including those of any subcontractors. 9.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 9.3 In the event completion of the work assigned (to include the work of others) is delayed or0. 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 c 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. 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 Packet Pg. 2212 K.5.a 9.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 9.7 This indemnification shall survive the expiration or early termination of the Contract. Article 10. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the y County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver by the County of strict compliance with the terms of this Agreement, and specifications covering the services. Any CONTRACTOR's breach of this Agreement shall be governed by the article below on termination for cause. 0 0. 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 CL 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 c evaluations during the Contractor's normal business hours. 4- le 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 °3 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 may 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: Failure to provide pumpout services as described in this Agreement. Failure to comply with local, state, or federal rules or regulations pertaining to the operation0. of pumpout vessels or the handling and/or treatment of vessel waste. Breach of any other term, condition, or requirement of this Agreement. 0 Article 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 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 10 Packet Pg. 2213 K.5.a CONTRACTOR pursuant to this Agreement/Contract were spent for purposes not authorized by this Agreement/Contract, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. In addition, the CONTRACTOR shall, at its expense, provide the County with an annual audit, y prepared by an independent Certified Public Accountant, which shall conform to generally accepted 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. 0 0. 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 c 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 le 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 °3 with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. 0 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 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 11 Packet Pg. 2214 K.5.a requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. A request to inspect or copy public records relating to a COUNTY Contract must be made Q 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. CL 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. c The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any r- public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAWD-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. 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. 12 Packet Pg. 2215 K.5.a Upon execution of this Agreement, and thereafter as changes may require, the CONTRACTOR shall notify the County of any financial interest it may have in any and all contracts with Monroe County. County agrees that officers and employees of the County recognize and will be required to y comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 0. Article 17. Notice Requirements. Any notice required or permitted under this Agreement shall be in CL writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: c FOR MONROE COUNTY, FLORIDA: le c 0 Monroe County Administrator and Monroe County and Monroe County Attorney 1100 Simonton Street Senior Director 1111 121h St., Suite 408 °3 Key West, FL 33040 Planning & Environmental Key West, FL 33041 Resources Department 2798 Overseas Hwy. Marathon, FL 33050 FOR THE CONTRACTOR: 0 Christopher Webster 930 Truman Avenue #75 Key West, FL 33040 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 c 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 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 13 Packet Pg. 2216 K.5.a subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 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. 20.1.3 Termination (Negligence). 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 0. after five (5) days' written notification to the CONTRACTOR. CL 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 c contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or c perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Contract, CONTRACTOR represents that the execution of this Contract will 2 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. c In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. e® 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. 0 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 E this Contract; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 20.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination 14 Packet Pg. 2217 K.5.a by a court of competent jurisdiction that discrimination has occurred, this Contract automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)which prohibits 0. 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 c or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd- 3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating c to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to 2 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 c 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 terminate this Contract without liability and, at its discretion, to offset from monies owed, or e® 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 ca 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, E 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. 20.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has 15 Packet Pg. 2218 K.5.a 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. 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 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 0. 20.2.2 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program CL 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 c 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 c prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each 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 2 "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 c 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. c 0 20.2.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the e® 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 ca 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 E 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. 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 16 Packet Pg. 2219 K.5.a wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 20.2.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 0. 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 CL Environmental Protection Agency (EPA). 0 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 c implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 20.2.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an 2 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, c 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. c 0 20.2.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. 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 E participate in the performance of contracts financed in whole or in part with COUNTY funds under this Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and 17 Packet Pg. 2220 K.5.a 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. 20.3.2 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during . the term of the Contract and shall expressly require any subcontractors or subconsultants 0) performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new 0. employees hired by the subcontractor or subconsultant during the Contract term. CL 20.3.3 NRCS Regulations. NRCS administers the EWP program through the following authorities: m • 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 le • Section 382, Title III, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. Article 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 of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 0 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. 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 her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the 18 Packet Pg. 2221 K.5.a 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 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 Q particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. 0. 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 c administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and CONTRACT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall c not be subject to arbitration. The construction and interpretation of this Contract and all Monroe County Comprehensive Plan provision(s), Florida Statutes, and Monroe County Code(s) provisions shall be deferred in favor of the County and such construction and interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of 2 Monroe County. 0 Article 27. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event c 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 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. 0 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 Contract. 19 Packet Pg. 2222 K.5.a 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, 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 y 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. Article 31. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such 0. documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CL CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate, c 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 le was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Contract. Article 32. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and warrants that: (A) The CONTRACTOR's name in this Agreement is its full name. (B) He or she is authorized to act and contract on behalf of CONTRACTOR. Article 33. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. Article 34. Entire Agreement. This Agreement constitutes the entire Agreement between the0. 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. 0 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 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. 0 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. 20 Packet Pg. 2223 K 5.a (SEAL) BOARD OF COUNTY COMMISSIONERSF KEVIN , CLERK MONROE COUNTY, FLORIDA As Deputy Clerk Mayor Michelle Coldiron By: Witnes No. 1 (Print Na Christopher Webstor- 0 m .. a � a- gy; r . On beh of: Wig ess No. (Signature) On The Hook Marine Services, LLC 0 le By: MONROE C / Witne �o. 2 (Print Name) CU ; By: w Witness No. 2 (Signature) PETER MORRIS ASSISTANT COUNTY ATTORNEY STATE OF L .. 7. COUNTY OF r ktl 0 The foregoing instrument was acknowledged and attested before me.this day of rJL. 20 , by b� S1r ,who is�rsona�L� to me or produced - as proof of identification and did take an oath. OPublic lic State of Florida le, ONas Vrana ssion HH 049115 /3012024 l Notary Public—Print Name 0 21 Packet Pg. 2224 K.5.b 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): Key Largo, Islamorada, the Lower Keys (from Shark Key to Big Pine Key), Stock Island and Key West. This pumpout service is being provided by the Monroe County Board of County Commissioners ("BOCC")to vessel owners to reduce or 0. 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 L within the Florida Keys National Marine Sanctuary (the"Florida Keys No-Discharge Zone"), and Z in conformity with the BOCC's Proof of Pumpout Ordinance as authorized by Section 327.60(4), Florida Statutes. 0 le 0 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 are provided in Exhibit B. °® The following sections describe the Scope of Work and Deliverables for the provision of mobile vessel pumpout service. Section A: Scope of Work t� L Mobile Vessel Pumpout Service c 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 boundaries of the Service Area(s)in the waters of Monroe County within the Florida Keys, up to a maximum of one pumpout per week to each individual vessel served. 0 v) Vessel waste shall be offloaded and disposed of properly. The Contractor shall perform the Service in a reasonable manner,ensuring that 1)sufficient pumpouts are being provided to vessel owners and 2)pumpouts are being performed only as necessary to ensure cost reasonableness (e.g. weekly pumpouts shall not be performed for a vessel that only needs bi-weekly or monthly service). See Section IV for more clarification. It Service Areas 1 of 6 Packet Pg. 2225 K.5.b 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 with this contract shall be professionally competent, and fully qualified, authorized, and 0 permitted under all federal, State, and local laws, ordinances, rules, and regulations, to :5 CL perform such activities, duties, or services. The Contractor's personnel shall not be considered "employees" of or be understood or deemed to have any individual legal relationship or privity with, contractual or otherwise, with the Monroe County BOCC. 0 The primary duties of office personnel shall include, but shall not be limited to: Ie • Coordinating pump-out schedules; s • Registering customers for service; • Obtaining registrants' contact information and location for pump-out service; and • Acting as an accessible and responsive point of contact for the Florida Fish and Wildlife Conservation Commission ("FWC") concerning "Proof of Pumpout" of vessels located in Monroe County waters. The primary duties of field personnel shall include, but shall not be limited to: 0 t� • Operating a pumpout vessel(s)on a weekly schedule within their designated service areas; • Maintenance of an adequate supply of identification decals, monthly endorsement 2 stickers, and orange pumpout flags; and • Continuous and uninterrupted regular maintenance of a written Daily Log as specified in Section B., Part I. below. 0 IV. Registration of Customers c — cu 0 Vessel owners are required by the Contractor to register for pumpout service, which shall assist in streamlining the service through a)utilization of`identification decals' indicating participation in the Service and b) orange flags to be flown when in need of a pumpout. All such decals and flags shall be provided by the Contractor at no cost to the BOCC. w 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 E 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 2of6 Packet Pg. 2226 K.5.b 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 0 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) c. a� simply for the purpose of acquiring an identification decal. Service may also be denied if the vessel to be pumped is not properly equipped, as determined by the Contractor, to provide for a safe, secure pumpout(for example, improper deck fittings, sewage lines, etc.) 0 which may reasonably result in a sewage leak or other breakdown, danger, or malfunction. Ie 0 After the first service by the Contractor, a vessel owner/operator wishing to receive 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. The vessel owner/operator shall be required to hoist the flag again to receive subsequent pumpout service. c 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: LUThe anchored location of the vessel (latitude/longitude and anchorage name); c The registration (or documentation) number and state of registration LLJWhether the vessel owner/operator is a Monroe County resident; The size and type of the vessel; 0 The capacity of the holding tank(s) and waste outlet location(s); , The name of the vessel; �t LZJContact information for the vessel owner and/or operator including phone, email and :2 mailing address; w 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. 3of6 Packet Pg. 2227 K.5.b 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 partnership with Monroe County, the Contractor shall also provide public education 0 materials and other instructional materials to the boating community. All educational :5 materials shall primarily focus upon the importance of clean water to the environment and L public health of the Florida Keys and its residents and visitors, and the pollution impacts 0 of sewage discharge into the environment. The Contractor shall also ensure that these materials are available on its website. The Contractor may further distribute these materials 0 to facilities such as marinas, boating-related businesses, public facilities, and other Ie locations where they may be reasonably accessed by the boating public. In addition, FWC s officers and staff may also distribute these materials. 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 that are not participating in the Service or that are not requesting pumpouts. c, VIL Monitoring Devices c 6 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 activity, locations of pumpout customers and duration of pumping time. Such equipment c of monitoring device(s) shall at all times comply with Florida Statue 934.425. An 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 0 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. �t VIII. Daily Pumpout Logs x 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 C 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 4of6 Packet Pg. 2228 K.5.b 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 0 0. The Contractor shall install appropriate flow meters on all pumpout vessels to record actual :5 gallons of sewage offloaded from the pumpout vessel holding tank to the offloading L facility. The meter shall be installed on the discharge side of the pumpout vessel holding z 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 0 recorded on the Daily Pumpout Log at the completion of each offloading event with a total Ie number of gallons offloaded noted for each vessel per day of service. Saltwater flushing or s any material other than sewage shall not be included in the total number of offloaded gallons reported on the Daily Pumpout Logs. Flow meters shall be kept maintained and operable for the term of this contract. Section B: Deliverables . All deliverables below shall be submitted monthly, with the exception of Deliverable IV which shall be submitted quarterly, to the Marine Resources Office as specified in the Contract, or as requested by Marine Resources staff, for reporting and reimbursement c 76 purposes. > L Monitoring Device Data The Contractor shall submit access information (ie. log-in credentials) to the monitoring c device data. It Daily Pumpout Logs 0 v) 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. X III. Monthly Pumpout Report The Contractor shall submit a signed Monthly 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 total number of pump outs performed; 5of6 Packet Pg. 2229 K.5.b (b.) Monthly total number of in-state vessels and out-of-state vessels pumped out; (c.) Monthly total estimated volume of sewage (in gallons)pumped out; (d.)Monthly total number of gallons offloaded; (e.) Monthly total number of individual vessels pumped out; (f.) Monthly 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 contract; and 0. The service schedule for each Service Area. � CL IV. Quarterly Pumpout Report The Contractor shall submit a signed Quarterly Pumpout Report containing the following 0 information for a) each Service Area as well as b)a summary of all Service Areas provided 0 0 under this contract. s a� (k.) Quarterly total number of pump outs performed; (I.) Quarterly total number of in-state vessels and out-of-state vessels pumped out; (m.) Quarterly total estimated volume of sewage (in gallons)pumped out; (n.)Quarterly total number of gallons offloaded; (o.) Quarterly total number of individual vessels pumped out; (p.) Quarterly total number of vessels pumped out(for the entire service area and broken down by vessel location); 0 (q.) Methods and location of waste disposal utilized; (r.) Gallons of fuel used in performance of this contract; 2 (s.)Any education and outreach activities provided or performed in connection with this contract; and (t.) The service schedule for each Service Area. 0 V. Registration Info c 0 The Contractor shall submit all registration information provided on the registration form for each customer registered for service. A sample Registration Log form shall be provided by the County. �- x VI. Invoicing The Contractor shall submit to the Marine Resources Office a signed invoice on company E letterhead for each month's payment, as stipulated in the Contract. 6of6 Packet Pg. 2230 4 4 2 C CIO J C >, >N J {j Ll c 0. 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IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement c this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Jeff Searcy United Atlantic Insurance Group PA/ic°N No, Ext: (305)748-2134 Fvc No): (305)768-0250 3426 Duck Avenue E-MAIL-ADDRESS: -MAIL eff ua ADDRESS: i ikw.com @ J INSURER(S)AFFORDING COVERAGE NAIC# Key West FL 33040 INSURERA: CENTURY SURETY CO 36951 INSURED INSURER B On the Hook Marine Services, Chris Webster, Pump Out INSURERC: 930 Truman Ave#75 INSURER D: '2 INSURER E: key west FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIL 0- INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM CIL EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000/WatE O CLAIMS-MADE � OCCUR PRE DAMM SESO a occur ante $ 0 4- MED EXP(Any one person) $ le A X ARG4512789 09/04/2020 09/04/2021 PERSONAL&ADV INJURY $ O O GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICYEl PRO- � LOC PRODUCTS-COMP/OP AGG $ X OTHER: Pollution Liabilty $ $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED I .T PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY `{ _ Per accident $ UMBRELLA LIAB OCCUR '" ' EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE DATE ,°� ""`�"�9/1 /2 2 ,.,..:. ^— AGGREGATE $ DED RETENTION$ X"W-�-- $ O WORKERS COMPENSATION PER STATUTE OERH ru AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) VESSELS: PER SCHEDULE,TOTAL SCHEDULE VALUE: $17,796.00 VESSEL DEDUCTIBLE: $1,000.00 PROTECTION AND INDEMNITY/WATERCRAFT LIABILITY: LIMIT:$1,000,000.00 CSL POLLUTION LIABILITY: LIMIT:$1,000,000 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County and it's Board of County Commissioners AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2240 AGENCY CUSTOMER ID: LOC#: AC"J?" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED United Atlantic Insurance Group On the Hook Marine Services, Chris Webster, Pump Out POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance DEDUCTIBLE: $2,500.00 EXCEPT$5,000 WRECK REMOVAL O I CIL O le O O O CJ O O CJ ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 2241 Progressive COA-fAfERCIAL p0 Box 94903 Cleveland,0*44l0l 1'e00'444'44e7 Policy number: 02606608-0 Underwritten by: Progressive Express Ins Company September 15.2020 Page of l Certim������������� ��� NU�N�NN��U��~�� Ap ficate ~~N N��.~°��°���~"~~ By Certificate Holder — �--��� WAKF Nk _n��=� Additional Insured ���� M0NR0E COUNTY&ITS BOARD 0F CL COUNTY COMMISSIONERS 1100 5|M0NT0N 5T �0 KEY WEST, FL33U4U Insured / u /e °le - .?��----------------------------------'�9����gp.��—�^�.o�—,-----------------' 0N THE HOOK MARINE U5AA INS A6[YINC � SERVICES LL[ 9800FRDR[08R6H5VCN -� a) 6840 FR0NT5T 5AN ANT0N|0.TX78288 �c + E R0[KLAND KEY FL33U4U c 0 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured z� named above for the perind(s) indicated. This Certificate is issued for information purposes only. |t confers nn rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below The coverages afforded by the policies listed below are subject tn all the terms, exclusions, limitations, endorsements, and � � conditions nf these policies. � ' Policy Effective Date: Sep 17. 20U Policy Expiration Date: Sep 17. 201 msuranemvemmeW Limits ---------------------------------------------------------' Bodily Injury/Property Damage $300,000[ombined Single Limit Uni'o«��'M«torist $300',000'C{'N'o+5��a .. �rm�| Injury � �o�c o. $1�J.0Jv/VVo�e` �mp��Named |n« 8 Relative 0 Description of Location/Vehicies/Special Items Scheduled autos only ��������� ���������������������������������������������. 2004N|5SAN TITAN 1NbAAU7874N54U184 Certificate number � 25920A12608 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. .EQUEST FOR WAIVER OF JNISURANCE REQUIPEM]CNTS It is requested that the insurance requirements,as specified in the C©unty's Schedule of Insurance Requirements,,be waived or modified on the following contract. ContraetorNendon Project or Service: f r. ContraetorNendor Address&Phone : .?._.. '1. , SFry U7 {general Scope of Work: � 0 .�_ . Reason for Waiver or ' ��� n Modification: � CL Policies Waiver or a� Modification will apply to: � Signature of Contractor/Vendor: - Date: _ Appro, e Not Approved Risk hana�rementSig cure: - 1. Date•9s_ 1 � County Administrator appeal: 0 tJ Approved: Not Approved: Date. Hoard of County Commissioners appeal: Approved- Not rQ,YCd: � i) f7i�' i�1V yi1£�({ istl�s}�t 9t� it(} t}At11 t l� ...✓ - __ Packet Pg. 2243 K.5.e Proposal for Mobile Vessel Pumpout Service On The Hook Marine Services, LLC 930 Truman Avenue #75 Key West, Florida 33040 305-833-1978 0. Quinn Webster CL 0 0 le 0 0 0 2 0 0. 0 0 Packet Pg. 2244 K.S.e Table of Contents 1. Project Approach 1 I. Description of Project 2 Workplan 1 - Keyswide Service 2 Workplan 2 - Key West & Stock Island 5 Workplan 3 - Key West, Stock Island, Lower Keys 7 Workplan 4 - Upper Keys 9 0. II. Preliminary Budget 12 2. Past Performance, Qualifications, and Service Descriptions 13 I. Record of General Business Experience 13 le II. Record of Past Performance 14 III. Technical, Educational, and Training Experience 14 IV. List of Equipment/Facilities/Personnel 15 V. Sub-contractors 16 VI. Service Areas 17 VI 1. Service Period 18 Vill. Service Availability 18 IX. Pumpout Cost to Customers 18 X. Detailed Start-Up Plan 19 XI. Additional Information 19 3. References 19 0. 0 4. Staffing 19 5. Respondent's Background Information 20 6. Litigation 21 E 7. County Forms and Licenses 21 1 Packet Pg. 2245 K.5.e 1. Project Approach I. Description of Project 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 state waters surrounding the CL Florida Keys. In 2010 the NDZ was expanded to encompass all waters within the Florida Keys National Marine Sanctuary. 0 le On The Hook Marine Services, LLC (OTH) seeking to provide mobile pumpout service for Monroe County Board of County Commissioners (MCBOCC) 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 will not include pumpout services to marinas or vessels moored at shoreside locations. 0 The service is divided into five (5) Service Areas: Key West, Stock Island, Lower Keys, Islamorada and Key Largo. 2 0. 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 MCBOCC RFP Service Records (Exhibit C). Based0. on these records, as well service records from temporary pumpout services 0. le provided from December 2020-February 2021, the County has established set quotas which are outlined in the MCBOCC RFP Bid Proposal Form (Attachment J). This service will include a sufficient number of suitably equipped pumpout vessels, vessel operators, as well as management and management support staff to pump out anchored vessels located throughout the waters of the Florida Keys within Monroe County. OTH will provide required documentation of pumpouts via daily logs and required reports as specified in the MCBOCC RFP Scope of Services (Exhibit A), attached. 2 Packet Pg. 2246 K.5.e This proposal includes a detailed waste offloading/disposal plan that includes detailed information on anticipated offloading locations, operational details, and disposal methods. OTH is proposing service for the following areas: 1. Keyswide 2. Key West and Stock Island 3. Key West, Stock Island and Lower Keys 4. Islamorada and Key Largo (Upper Keys) 0. M CL Work Plan 1: Keyswide Service 0 le To include all five (5) service areas shown in the attached Service Area Maps (Exhibit B): Key West, Stock Island, Lower Keys, Islamorada and Key Largo Vessels OTH will procure and utilize two (2) Marine Boatbuilders 23' 420 Gal Pump-Kleen Pumpout vessels equipped with Edson 120ELB pump and 200-250HP Suzuki motor, suitable for pumpout operations as specified in this proposal. Vessels will be trailerable to ensure consistent reliable service. OTH has been approved to receive CVA Grant funding to fund 75% of the procurement cost of the vessels. OTH did not seek CVA Grant funding for operational expenses. The two pumpout vessels will be used full time for Keyswide service and y berthed/stored in Islamorada and Stock Island, respectively. 0. 0 OTH will maintain one currently-owned 24' Carolina Skiff vessel equipped with a Druck pump #30011, suitable for mobile pumpout operations, to be used as a back-up vessel in case of shallow water requirements, emergency, maintenance, or service of the primary pumpout vessels. OTH has been successfully operating and maintaining the Carolina Skiff since September 2020 to provide weekly pumpout service for MCBOCC in Key Largo and Islamorada (Upper Keys). E Reporting All vessels will be equipped with SeaSync boat monitors and flow meters to provide data for reporting and deliverables. All reporting will be submitted as 3 Packet Pg. 2247 K.5.e outlined in the Scope of Services (Exhibit A) provided in the MCBOCC Request for Proposal and attached. Vessel usage Key West and Stock Island service will require three work days each week. Lower Keys, Islamorada, and Key Largo will each require one work day per week to perform weekly pumpout service in the designated areas. OTH will be available 7 days per week, if necessary, to provide weekly pumpouts as needed. The scheduled pumpout days will be adjusted as necessary in the event of 0. unforeseen or weather delays. OTH has successfully provided weekly service in the Upper Keys since September 2020, adjusting the schedule as needed due to weather and unforeseen delays. 0 Vessels will be trailered and launched in various locations in the Lower Keys to le pump out the Lower Keys and Upper Keys Service areas. If weather causes delays in service, all OTH vessels can be trailered throughout the service area to maintain the posted service schedule if possible. Staff Field personnel responsibilities will include, but will 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, continuous and uninterrupted 0. regular maintenance of a written Daily Log as specified in Section B, Part I in the Scope of Services (Exhibit A). 0 OTH owner, Quinn Webster, will serve as one Pumpout Captain and backup0. Captain or Mate if needed. OTH will also employ one additional locally le experienced Pumout Captain as well as two locally experienced Pumpout Mates to accomplish weekly pumpouts Keyswide. OTH Owner, Chris Webster, will serve as backup Captain or Mate if needed. Chris Webster will also serve as Operations Manager and Maintenance Captain. He will be responsible for staff supervision and scheduling, vessel maintenance vessel service and maintenance contracting and supervision, contract compliance, and customer service. Administrative staff includes one Administrative Supervisor who will be responsible for coordinating pumpout schedules, registering customers for service, obtaining registrants' contact information and location for pumpout 4 Packet Pg. 2248 K.5.e service, acting as an accessible and responsive point of contact for the Florida Fish and Wildlife Conservation Commission (TWC") concerning "Proof of Pumpout" of vessels located in Monroe County waters, contract compliance as well as contract deliverables and CVA grant deliverables. OTH will also employ an Administrative Assistant for data processing, scheduling assistance, and customer service. Offloading 0. OTH is currently offloading waste, directly from the vessel to the shoreside pump, at the following locations and will continue to do so, as needed: 0 John Pennekamp State Park, Key Largo 0 Pilot House Marina, Key Largole 0 Worldwide Sportsman, Islamorada Boca Chica Marina, Naval Air Station Key West Stock Island Marina Village, Stock Island Garrison Bight Marina, Key West - $25 per offload c Key West City Marina - $25 per offload Estimated annual offloading fees are included in the OTH Preliminary Budget below. 0 0. Work Plan 2: Key West & Stock Island Service 0. le To include service areas shown in the attached Service Area Maps (Exhibit B) for the Key West and Stock Island Areas. Vessels OTH will procure and utilize two (2) Marine Boatbuilders 23420 Gal Pump-Kleen E Pumpout vessels equipped with Edson 120ELB pump and 200-250HP Suzuki motor, suitable for pumpout operations as specified in this proposal. Vessels will be trailerable to ensure consistent reliable service. OTH has been approved to receive CVA Grant funding to fund 75% of the procurement cost of the vessels. OTH did not seek CVA Grant funding for operational expenses. 5 Packet Pg. 2249 K.5.e The two pumpout vessels will be used for Key West and Stock Island service areas and berthed/stored in Stock Island. OTH will maintain one currently-owned 24' Carolina Skiff vessel equipped with a Druck pump #30011, suitable for mobile pumpout operations, to be used as a back-up vessel in case of shallow water requirements, emergency, maintenance, or service of the primary pumpout vessels. OTH has been successfully operating the Carolina Skiff since September 2020 to provide weekly pumpout service for ) MCBOCC in Key Largo and Islamorada (Upper Keys). 0. Reporting CL All vessels will be equipped with SeaSync boat monitors and flow meters to provide data for reporting and deliverables. All reporting will be submitted as outlined in the Scope of Services (Exhibit A) provided in the MCBOCC Request le for Proposal and attached. Vessel usage Key West and Stock Island service will require three work days each week to perform weekly pumpout service in the designated areas. OTH will be available 7 days per week, if necessary, to provide weekly pumpouts as needed. The scheduled pumpout days will be adjusted as necessary in the event of 0 unforeseen or weather delays. OTH has successfully provided weekly service in the Upper Keys since September 2020, adjusting the schedule as needed due to weather and unforeseen delays. Vessels will be trailered and launched in various locations in Key West and Stock Island, as needed. 0. 0 If weather causes delays in service, all OTH vessels can be trailered throughout le the service area to maintain the posted service schedule if possible. Staff Field personnel responsibilities will include, but will not be limited to, operating a pumpout vessel(s) on a weekly schedule within their designated service areas, E maintenance of an adequate supply of identification decals, monthly endorsement stickers and orange pumpout flags, continuous and uninterrupted regular maintenance of a written Daily Log as specified in Section B, Part I in the Scope of Services (Exhibit A). 6 Packet Pg. 2250 K.5.e OTH owner, Quinn Webster, will serve as one Pumpout Captain and backup Captain or Mate if needed. OTH will also employ one additional locally experienced Pumout Captain as well as two locally experienced Pumpout Mates to accomplish weekly pumpouts Keyswide. OTH Owner, Chris Webster, will serve as backup Captain or Mate if needed. Chris Webster will also serve as Operations Manager and Maintenance Captain. He will be responsible for staff supervision and scheduling, vessel maintenance, ) vessel service and maintenance contracting and supervision, contract 0. compliance, and customer service. Administrative staff includes one Administrative Supervisor who will be responsible for coordinating pumpout schedules, registering customers for service, obtaining registrants' contact information and location for pumpout service, acting as an accessible and responsive point of contact for the Florida Fish and Wildlife Conservation Commission (TWC") concerning "Proof of Pumpout" of vessels located in Monroe County waters, contract compliance as well as contract deliverables and CVA grant deliverables. OTH will also employ an Administrative Assistant for data processing, scheduling assistance, and customer service. Offloading 0 OTH is currently offloading waste, directly from the vessel to the shoreside pump, at the following locations and will continue to do so, as needed: Boca Chica Marina, Naval Air Station Key West Stock Island Marina Village, Stock Island 0. 0 Garrison Bight Marina, Key West - $25 per offload 0 Key West City Marina - $25 per offload Estimated annual offloading fees are included in the OTH Preliminary Budget below. Work Plan 3: Key West, Stock Island, and Lower Keys Service To include service areas shown in the attached Service Area Maps (Exhibit B) for the Key West, Stock Island, and Lower Keys Areas. 7 Packet Pg. 2251 K.5.e Vessels OTH will procure and utilize two (2) Marine Boatbuilders 23' 420 Gal Pump-Kleen Pumpout vessels equipped with Edson 120ELB pump and 200-250HP Suzuki motor, suitable for pumpout operations as specified in this proposal. Vessels will be trailerable to ensure consistent reliable service. OTH has been approved to receive CVA Grant funding to fund 75% of the procurement cost of the vessels. OTH did not seek CVA Grant funding for operational expenses. ) 0 The two pumpout vessels will be used for Key West, Stock Island, and Lower 0. Keys service areas and berthed/stored in Stock Island. OTH will maintain one currently-owned 24' Carolina Skiff vessel equipped with a Druck pump #30011, suitable for mobile pumpout operations, to be used as a back-up vessel in case of shallow water requirements, emergency, maintenance, le or service of the primary pumpout vessels. OTH has been successfully operating the Carolina Skiff since September 2020 to provide weekly pumpout service for MCBOCC in Key Largo and Islamorada (Upper Keys). Reporting = All vessels will be equipped with SeaSync boat monitors and flow meters to provide data for reporting and deliverables. All reporting will be submitted as 0 outlined in the Scope of Services (Exhibit A) provided in the MCBOCC Request for Proposal and attached. 2 Vessel usage Key West, Stock Island, and Lower Keys service will require four work days each week to perform weekly pumpout service in the designated areas. OTH will be0. available 7 days per week, if necessary, to provide weekly pumpouts as needed. le The scheduled pumpout days will be adjusted as necessary in the event of unforeseen or weather delays. OTH has successfully provided weekly service in the Upper Keys since September 2020, adjusting the schedule as needed due to weather and unforeseen delays. Vessels will be trailered and launched in various locations in Key West and Stock E Island, as needed. If weather causes delays in service, all OTH vessels can be trailered throughout the service area to maintain the posted service schedule if possible. Staff 8 Packet Pg. 2252 K.5.e Field personnel responsibilities will include, but will 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, continuous and uninterrupted regular maintenance of a written Daily Log as specified in Section B, Part I in the Scope of Services (Exhibit A). OTH owner, Quinn Webster, will serve as one Pumpout Captain and backup ) Captain or Mate if needed. OTH will also employ one additional locally 0. experienced Pumout Captain as well as two locally experienced Pumpout Mates to accomplish weekly pumpouts Keyswide. OTH Owner, Chris Webster, will serve as backup Captain or Mate if needed. Chris Webster will also serve as Operations Manager and Maintenance Captain. He will be responsible for staff supervision and scheduling, vessel maintenance, vessel service and maintenance contracting and supervision, contract compliance, and customer service. Administrative staff includes one Administrative Supervisor who will be responsible for coordinating pumpout schedules, registering customers for service, obtaining registrants' contact information and location for pumpout service, acting as an accessible and responsive point of contact for the Florida c Fish and Wildlife Conservation Commission (TWC") concerning "Proof of Pumpout" of vessels located in Monroe County waters, contract compliance as well as contract deliverables and CVA grant deliverables. 2 OTH will also employ an Administrative Assistant for data processing, scheduling assistance, and customer service. y 0 0. Offloading c OTH is currently offloading waste, directly from the vessel to the shoreside pump, at the following locations and will continue to do so, as needed: Boca Chica Marina, Naval Air Station Key West Stock Island Marina Village, Stock Island E Garrison Bight Marina, Key West - $25 per offload Key West City Marina - $25 per offload Estimated annual offloading fees are included in the OTH Preliminary Budget below. 9 Packet Pg. 2253 K.5.e Work Plan 4: Islamorada and Key Largo (Upper Keys) To include service areas shown in the attached Service Area Maps (Exhibit B) for the Islamorada and Key Largo Areas. Vessels OTH will procure and utilize one (1) Marine Boatbuilders 23' 420 Gal Pump-Kleen Pumpout vessel equipped with Edson 120ELB pump and 200-250HP Suzuki motor, suitable for pumpout operations as specified in this proposal. The vessel will be trailerable to ensure consistent reliable service. OTH has been approved to receive CVA Grant funding to fund 75% of the procurement cost of the vessel. OTH did not seek CVA Grant funding for operational expenses. le c 0 The pumpout vessel will be used for Islamorada and Key Largo service areas and berthed/stored in Islamorada. OTH will maintain one currently-owned 24' Carolina Skiff vessel equipped with a Druck pump #30011, suitable for mobile pumpout operations, to be used as a back-up vessel in case of shallow water requirements, emergency, maintenance, or service of the primary pumpout vessels. OTH has been successfully operating the Carolina Skiff since September 2020 to provide weekly pumpout service for MCBOCC in Key Largo and Islamorada (Upper Keys). 2 Reporting All vessels will be equipped with SeaSync boat monitors and flow meters to y provide data for reporting and deliverables. All reporting will be submitted as 0. outlined in the Scope of Services (Exhibit A) provided in the MCBOCC Request le for Proposal and attached. Vessel usage Key Largo and Islamorada service will require two work days each week to .. perform weekly pumpout service in the designated areas. OTH will be available 7 days per week, if necessary, to provide weekly pumpouts as needed. The scheduled pumpout days will be adjusted as necessary in the event of unforeseen or weather delays. OTH has successfully provided weekly service in the Upper Keys since September 2020, adjusting the schedule as needed due to weather and unforeseen delays. 10 Packet Pg. 2254 K.S.e Vessels will be trailered and launched in various locations in Key Largo and Islamorada, as needed. If weather causes delays in service, all OTH vessels can be trailered throughout the service area to maintain the posted service schedule if possible. Staff Field personnel responsibilities will include, but will 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, continuous and uninterrupted regular maintenance of a written Daily Log as specified in Section B, Part I in the Scope of Services (Exhibit A). 0 4- le OTH owner, Quinn Webster, will serve as one Pumpout Captain and backup Captain or Mate if needed. OTH will also employ one additional locally experienced Pumout Captain as well as one locally experienced Pumpout Mate to accomplish weekly pumpouts Keyswide. OTH Owner, Chris Webster, will serve as backup Captain or Mate if needed. Chris Webster will also serve as Operations Manager and Maintenance Captain. He will be responsible for staff supervision and scheduling, vessel maintenance, 0 vessel service and maintenance contracting and supervision, contract compliance, and customer service. 2 Administrative staff includes one Administrative Supervisor who will be responsible for coordinating pumpout schedules, registering customers for service, obtaining registrants' contact information and location for pumpout service, acting as an accessible and responsive point of contact for the Florida Fish and Wildlife Conservation Commission (TWC") concerning "Proof of c Pumpout" of vessels located in Monroe County waters, contract compliance as well as contract deliverables and CVA grant deliverables. OTH will also employ an Administrative Assistant for data processing, scheduling assistance, and customer service. Offloading OTH is currently offloading waste, directly from the vessel to the shoreside pump, at the following locations and will continue to do so, as needed: John Pennekamp State Park, Key Largo 11 Packet Pg. 2255 K.5.e Pilot House Marina, Key Largo WorldWide Sportsman, Islamorada Estimated annual offloading fees are included in the OTH Preliminary Budget below and attached. 0 0. CL 0 le c 0 0 0 2 0 0. 0 c 0 12 Packet Pg. 2256 K.5.e II. Preliminary Budget PRELIMINARY BUOGET REIMBURSIBLE EXPENSES KEY WEST& KEY WEST, KEY WEST, Expense KEYSWIDE STOCK STOCK UPPER KEYS KEYSWIDE KEY WEST& STOCK. UPPER KEYS ISLAND ISLAND, STOCK ISLAND ISLAND, N LOWER KEYS LOWER KEYS Chris Webster Operations Manager Salary...... $ 45,162.........5 39,140 5.. . 45,162.. $ 93 119 Administrative Supervisor $ 37,635 $ 30,10B $ 33,119 $ 22,581 2.1 Administrative Assistant $ 12,043 $ 8„430 $ 9,636 $ 6,022 0) Key West It Lower Keys Captain$221hour- $ 52,990 $ 39,743 $ 52,990 $ (31,200) $ (23„400) $ (31,200) $ - Key West&Lower Keys Mate$181hour" $ 43,356 $ 32,517 $ 43,356 $ $ - $ - $ - Upper Keys Captain$221hour" $ 26,495 $ 26,495 $ (15,600) $ - $ - $ (15,600).. Upper Keys Mate$181hour"' $ 21,678 $ 21,678 $ - $ - $ - $ - ' Worker's Comp $ 1,879 $ 939 $ 1,252 $ 626 Payroll Expense $ 2,129 $ 2,129 $ 2,129 $ 2,129 CL STAFF: $ 243,366 $ 153,006 $ 137,642 $ 112,649 $ (46,800) $ (23,40(1) $ (31,200) $ (15,600) EQUIPMENT ACQUISITION $ 190,851 $ 190,851 $ 190,851 $ 115„162 CVA GRANT FUNDING-EQUIPMENT $ (141,748) $ (141,749) $ (141,748) $ (84,981) 16- 0 DEPRECIATION' $ 75,902 $ 72,302 $ 72,302 $ 31,669 le 0 0 INSURANCE $ 18,900 $ 16,900 $ 16,900 $ 13,550 VESSEL MAINTENANCE(Oulsourced) $ 26,000 $ 14,500 $ 18,250 $ 11,850 $ (19,500) $ (10,875) $ (13,698) $ (8,888) r- TRUCK&TRAILER MAINTENANCE $ 5,000 $ 1,500 $ 2,500 $ 2,500 BOAT FUEL $ 42'..,120 $ 29,060 $ 28,080 $ 94,040 TRUCK FUEL $ 5,673 $ 3,782 $ 3,782 $ 4,727 BOAT LAUNCH FEES $ 1,200 $ 9,200 $ 1.,200 $ & (900) $ (900) $ (900) 0 OFFLOADING FEES $ 2,160 $ 2,160 $ 2,160 $ - $ (1,620) $ 0,620) $ (1,620) $ - 0 SEASYNC SUBSCRIPTION $ 1,080 $ 1,080 $ 1.,080 $ 720 $ (810) $ (890) $ (810) $ (540) VESSEL&TRUCK REGISTRATIONS $ 776 $ 558 $ 558 $ 478 RENT $ 21,600 $ 21,600 $ 21,600 5 14,400 INTEREST EXPENSE $ 19,020 $ 10,020 $ 10,020 $ 6,045 Consumable Boat Supplies $ 1,000 $ 500 $ 500 $ 500 $ (750) $ (375) $ (375) $ (375) 0. Personal Protective Equipment $ 1,800 $ 1,000 $ 1,200 $ 600 $ (1,350) $ (750) $ (900) $ (450) Decals&Stickers $ 1,500 $ 1,000 $ 1,000 $ 500 $ (1,125) $ (750) S (750) $ (375) 0. Outreach Materials&Registration Packets $ 800 $ 800 $ 800 $ 600 $ (600) $ (60,0) $ (600) $ (450) Website maintenance&updates $ 600 $ &00 $ 600 $ 600 $ (450) $ (45f1) $ (450) $ (450) Phones&Internet $ 2,400 $ 2,400 $ 2,400 $ 1,800 Office Supplies $ 500 $ Soo $ 500 $ 300 !y Shipping&Postage $ 550 $ 250 $ 300 $ 250 Taxes $ 3,500 $ 2,000 $ 2,000 $ 1,500 Disaster Preparation&Recovery $ 5,000 $ 5,000 $ 51000 $ 3.,000 IncedentalslUnexpected Expenses $ 10,000 $ 10,000 $ 10,000 $ 5,000 Accounting $ 5,000 $ 5,000 $ 5,000 $ 2,500 Legal is Professional $ 5,000 $ 5,000 $ 5,000 $ 5,000 Business Licenses $ 370 $ 370 $ 370 $ 370 $ (120,705) $ (63,93a) $ (82,493) $ (42,728) TOTAL BUDGET 9 YEAR.CONTRACT $ 535,220 1 $ 399,291 $ 445,74T $ 262,531 $ 414,515 $ 335,361 $ 363,255 $ 21'.9,803 #Pumps per month based on MCBOCC Quota 870 550 620 250 a70 550 620 250 COST PER PUMP $ 51-271 $ 60.50 $ 59.91 $ 87.51 F$ 39.70 $ 50.81 $ 48.82 $ 73.27 "Accelerated depreciation schedule due to short-term contract.Years 2-5 depreciation are significantly lower. "Salaries Include payroll taxes.Reimbursable salaries are calculated at$20 per hour. Cast of living and the hazardous nature of the job requires a higher hourly rate for field personnel. 13 Packet Pg. 2257 K.5.e Additional pumps beyond the total quota specified in the Preliminary Budget above and referenced elsewhere in this proposal, up to 10 additional pumps per quarter are included in this proposal. 2. Past Performance, Qualifications, and Service Descriptions I. Record of General Business Experience On The Hook Marine Services, LLC (OTH) is a locally-owned small family business started by Christopher (Chris) Webster and his son, Quinn Webster in order to provide vessel pumpout service in the Florida Keys after the county's mobile vessel pumpout contractor abruptly stopped providing service in Monroe County in June 2020. This service is necessary to keep the Florida Keys waters clean, so OTH quickly started operations and has provided this service for Monroe County under a temporary contract since October 2020. The company works closely with the County administrators with le open and transparent communication. Administrative Supervisor, Kim Stamps, created and maintains a registration database that includes online registrations and an efficient way to create schedules for field personnel. Ms. Stamps also prepares and submits accurate monthly and quarterly deliverables as required by the temporary contract, without demand, less than one week after the end of the service month. 0 Approximately 25% of the registered vessels in the Upper Keys service area do not require weekly pumps. These vessels are scheduled bi-weekly or monthly service to avoid unnecessary pumping. The customer database is updated daily by the administrative staff to ensure accurate scheduling and reliable, timely service. Customer satisfaction is a top priority for OTH and accomplishes 100% customer satisfaction y through direct and timely communication. 0. 0 OTH quickly identified the need to provide pumpout service for vessels in the Florida Keys that are not qualified to receive free pumpouts through the county program. In order to keep the Florida Keys waters clean, this service is necessary. OTH began providing fee-based pumpout service throughout the Florida Keys. Fee-based customers are commercial vessels and private vessels that are docked or anchored in areas that are not included in the free County program. Due to the experience and perseverance of the staff of OTH, the company is able to successfully provide pumpout service throughout the Florida Keys to every vessel that requests service while maintaining 100% customer satisfaction. 14 Packet Pg. 2258 K.5.e II. Record of Past Performance OTH is currently working as the Mobile Vessel Pumpout contractor for Monroe County, Florida in the Upper Keys Service Area. The original contract from September 3, 2020 has been extended twice and is currently in effect through September 30, 2021. Monroe County Administration has not informed OTH of any complaints about pumpout service performance or customer service. 0 0. Since starting pumpout operations in October 2020, OTH has pumped over 16.000 gallons of sewage from vessels registered with Monroe County for the free pumpout program, with zero customer complaints. The contact for the temporary contract with Monroe County is le c 0 Celia Hitchins Senior Administrator, Marine Resources Office Monroe County Planning & Environmental Resources Department 2798 Overseas Highway, Suite 400, Marathon, Florida 33050 Hitchins-celia@monroecounty-fl.gov - (305) 289-2505 0 No contracts have been terminated for any reason. 0 III. Technical, Educational, and Training Experience Owner/Operator, Chris Webster is one of the two owner/operators of On The Hook Marine Services, LLC since June 2020. Mr. Webster owned and operated Webster '✓ Contracting and Pro Tile Roofing, as a licensed roofing contractor 1986-2007. He was a commercial diver for Martech International, Morgan City, LA 1981-1984. His hobbies are sailing and sailboat racing, diving, and fishing. Since 2007, living in the Florida Keys on his sailboat, Mr. Webster has gained invaluable hands-on experience rebuilding, repairing, and servicing marine outboard engines and marine diesel engines. For the past year, Chris has been the primary Pumpout Captain for OTH as well as the Operations Manager and Maintenance Captain. Mr. Webster uses his personal experience living aboard a boat to provide consulting, advice, and service for boat owners needing help with vessel maintenance and repairs. Mr. Webster has used mobile pumpout service during his time in the Florida Keys and is familiar with the needs of boaters who require pumpout service as well as the importance of reliable, on-time service. 15 Packet Pg. 2259 K.5.e Quinn Webster, owner/operator of On The Hook Marine Services, LLC since June 2020, has more than 10 years experience in the underwater diving industry with a long list of underwater certifications, including but not limited to: Safe Gulf Offshore and Land Basic Safety Awareness, Confined Space Emergency, Dive Medical -AS/NZS2299, Kirby Morgan repair and maintenance technician, HAZMAT-OSHA 29 CFR 19.120 (Occupational Safety and Health Administration), and HAZWOPPER-Contaminated Water Diving Procedures (Washington Administrative Code). Quinn Webster's work experience with Taharoa Dive Company in New Zealand conducting Seabed surveys, subsea hose inspections, pressure testing and hose removal aboard the Margaret J gave him an up-close view of the underwater environment as well as experience with pumps and hoses. Mr. Webster has a varied work background including Class A hull surveys, seawall inspections, and Sea cucumber harvesting, all of which lead him to be concerned with water quality. He also worked in the construction industry as a Project Manager for Supreme Erecting/Steel Building Solutions in 2018 and 2019. Quinn le currently resides on a sailboat in the Florida Keys. His recreational time is spent in and on the water - diving, sailing, and fishing. Kim Stamps, Administrative Supervisor, graduated cum laude from University of West Florida in 2003 with a Bachelor of Science in Business Administration, Finance, and more recently in 2016, started and currently operates a tour company in Monroe County. Kim Stamps has more than 20 years of small business management experience as well as several years of vessel liveaboard experience. She used pumpout service for her liveaboard sailing vessel in 2018 and 2019, and understands the importance and necessity of reliable, timely, scheduled pumpouts. IV. List of Equipment/Facilities/Personnel 0. 0 Equipment: Two (2) Marine Boatbuilders 23' 420 Gal Pump-Kleen Pumpout vessels equipped with Edson 120ELB pump and 200-250HP Suzuki motor (one vessel for Workplan options 2, 3, and 4 above), each with a trailer One (1) 24' Carolina Skiff vessel equipped with a Druck pump #30011 and 150 hp Yamaha motor, with a trailer Two (2) Pickup Trucks with towing capabilities Three (3) Garmin GPS Chartplotters (one on each vessel) 16 Packet Pg. 2260 K.5.e Three (3) SeaSync Flow Meters and GIPS Tracking (one on each vessel) Administrative office location: 6840 Front Street, Stock Island FL 33040 Maintenance yard and vessel/trailer parking & docking: Safe Harbor 6840 Front Street, Stock Island FL 33040 0 Robbie's Marina 77522 Overseas Highway, Islamorada FL 33036 CL Vessel operators: 0 Chris Webster 0 le Quinn Webster One (1)Additional vessel Captain Two (2) vessel Mates Administrative Staff: Kim Stamps �i 0 Administrative Assistant > 2 Maintenance & Repairs: Chris Webster 0. 0 Sub-contractors listed below c V. Sub-contractors Keys Yamaha Service 5640 Laurel Ave, Stock Island FL 33040 VI. Service Area OTH would prefer to provide pumpout service to all service areas in the Florida Keys, to ensure proper pumpout service and clean waters throughout the region. 17 Packet Pg. 2261 K.5.e Should the county prefer to award a smaller service area, OTH can provide service in the following areas: Key West and Stock Island combined Key West, Stock Island, and Lower Keys combined Key Largo and Islamorada combined Separated service areas are not cost-effective. OTH has not proposed smaller service areas due to the higher per-pump cost. 0. The Lower Keys service area requires extensive travel between anchorages, launch ramps, and offloading. Therefore, it is cost-prohibitive to provide service only to this area. If combined with the Key West and Stock Island service areas, OTH can also service the Lower Keys at a non-prohibitive cost. le c 0 Islamorada and Key Largo must be combined as well, for the same reasons as the Lower Keys. In summary, the County benefits from lower cost per pump through economies of scale. OTH can provide the most cost-effective cost per pump by providing Keyswide pumpout service. 0 VII. Service Period OTH is prepared to enter into a minimum 6-month and maximum one-year contract with MCBOCC to provide pumpout service in any of the four (4) service areas proposed immediately upon notice to proceed from Monroe County. OTH will be agreeable to contract extensions as well. y 0 0. 0 Vill. Service Availability OTH will be available to provide pumpout service 7 days per week, if necessary due to c weather or unforeseen delays. OTH is also available 7 days per week for emergency waste removal. 18 Packet Pg. 2262 K.5.e Expected Weekly Service Schedule Keyswide 8-10 hours/day 6 days/week Key West & Stock Island 8-10 hours/day 3 days/week Key West, Stock Island and Lower Keys 8-10 hours/day 4 days/week 0 0. Key Largo and Islamorada 8-10 hours/day 2 days/week 0 IX. Pumpout Cost to Customers 0 There will be no costs incurred by anchored-out vessels eligible to receive this service 0 X. Detailed Start-Up Plan OTH is currently operating two (2) 24' Carolina Skiffs to perform pumpout service throughout the Florida Keys for the free pumpout program as well as fee-based pumpout service. One (1) Pump-Kleen vessel is currently available for purchase by OTH. It can be placed into service within 30 days of a signed contract with MCBOCC. The second Pump-Kleen vessel can be ordered immediately upon receipt of a signed contract. This vessel will be delivered approximately 90 days from the order date. The > manufacturer has notified OTH of possible equipment delays due to the Covid 2 pandemic. OTH will use the two Carolina Skiffs currently in use to get started and will add Pump-Kleen vessels to the working fleet as soon as they become available. 0 0. In addition to private funding, CVA Grant Funding will be used to procure the two (2) 0. Pump-Kleen vessels with trailers and equipment. The preliminary budget abovele includes acquisition costs. XI. Additional Information On The Hook Marine Services owners and staff are Florida Keys residents whose priority is to keep the waters of the Florida Keys clean. The entire staff works diligently E and tirelessly to accomplish this goal. The company supports local environmental non-profits such as Reef Relief and the staff regularly volunteers for marine and environmental clean-ups with Surfrider, Keep Key West Beautiful, and Conch Republic Marine Army. As avid sailors and divers, this work is not only important for us as individuals, but also for the community and the planet. 19 Packet Pg. 2263 K.5.e 3. References See attachments: References 1 Key Largo Princess y References 2 Pirates Cove Watersports References 3 Popeye Ventures References 4 American Sailing Acedemy References 5 Key Lime Sailing Club 0. References 6 South Dade Marina References 7 Morning Star Sailing References 8 Bungalows Key Largo References 9 Louis Rosenberg 4- le c 0 4. Staffing Field Staff: Chris Webster - 8 months Pumpout Captain experience Quinn Webster - 8 months Pumpout Mate, 3 months Pumpout Captain experience �i 0 One (1)Additional vessel Captain - minimum 60 days of documented vessel > operator/captain experience in the Service Area for which he/she will operate a 2 Pumpout Vessel Two (2) vessel Mates - minimum one year boating experience in the Florida Keys 0. Administrative Staff: c 0 Kim Stamps, Administrative Supervisor - Bachelor degree in Business Administration, 20+ years small business management experience, demonstrated reporting accuracy, demonstrated computer proficiency Administrative Assistant - minimum 3 years data processing experience, demonstrated E data processing accuracy, demonstrated computer proficiency Maintenance Captain Chris Webster, Maintenance Captain - minimum 5 years marine outboard and vessel repairs & service experience 20 Packet Pg. 2264 K.S.e Sub-contractors listed above - certified marine outboard repair & maintenance company Turn-over rate: 0 All original staff from the founding of OTH are still working for the company 0 0. 5. Respondent's Background Information See Attachment: Introductory Letter 0 On The Hook Marine Services, LLC (OTH) is a locally-owned small family business 4- started in partnership by Christopher (Chris) Webster and his son, Quinn Webster in order to provide vessel pumpout service in the Florida Keys after the county's mobile vessel pumpout contractor abruptly stopped providing service in Monroe County in June 2020. This service is necessary to keep the Florida Keys waters clean, so OTH quickly started operations and has provided this service for Monroe County under a temporary contract since October 2020. On The Hook Marine Services, LLC (OTH) started in August 2020 to provide mobile vessel pumpout services, has been in business for almost one year and is located at 0 930 Truman Ave, #75 Key West, FL 33040. It has not operated under any other name. 2 LLC Officers: Quinn Webster, Manager, Patner Christopher Webster, Authorized Member, Partner 0. 0 Q&A c 0 (i) Has the Respondent ever failed to complete work for which it has contracted? If so, provide details. NO (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. NO 21 Packet Pg. 2265 K.5.e (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. NO Monroe County Business License, Financial Statements, and CVA Grant Approval are attached in a v, separate confidential email. 6. Litigation 0 0. 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 le goods for which it has contracted? (If yes, provide details.) NO 0 II. Are there any judgments, claims, arbitration, adversarial administrative proceedings or suits or audits proceeding or suits pending or outstanding against the Respondent, or its officers, managing members, directors, or general partners? (If yes, provide details.) NO 0 III. 0 Has the person, principal of the entity, or any entity previously owned, operated or directed by any of the respondent's officers, major shareholders, managing members, or directors within the last five (5) years, been a party to any lawsuit or mediation or arbitration or adversarial administrative proceedings with regard to a contract for services, goods or construction services similar to those 0. requested in the RFP? (If yes, the Respondent shall provide a history of any past 0. or pending claims and litigation in which the Respondent is involved as a result of the provision of the same or similar services which are requested or described herein.) NO 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.) NO 22 Packet Pg. 2266 K.5.e 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. NO 0. 7. County Forms and Licenses 0 See Attachments: 0 I. Certification Regarding Debarment or Suspension (Attachment A) II. Condition of Submitting Proposal (Attachment B) III. Lobbying and Conflict of Interest Clause (Attachment C) 0 IV. Non-Collusion Affidavit (Attachment D) 0 V. Drug Free Workplace Form (Attachment E) 2 VI. Public Entity Crime Statement (Attachment F) 0 VI1. Scrutinized Companies List (Attachment G) 0. Vill. Insurance Agent's Statement (Attachment H) IX. Insurance and Indemnification Statement (Attachment 1) X. Bid Proposal Form (Attachment J) 23 Packet Pg. 2267 K.5.e 99701 Overseas Highway Phone 305/451-4655 P.O. Box 1548 Fax 305/453-9553 Key Largo, Fl. 33037 www.keylar!,2�oprincess.com June 1, 2021 Monroe County 0. Board of Commissioners James W Hendricks Key Largo Princess e Glass Bottom Boat 0 99701 Overseas Hwy Ie Key Largo, Fl. 33037 s Re: On the Hook Marine Services LLC 0 To whom it may concern; 0 U We have been dealing with Chris Webster at On the Hook Marine Services, since October of last year to handle t 0 pumpout of our holding tank, they have always provided timely and professional service. I personally think they would make a good choice to handle the countys pumpouts. 0 Sincerely, 0 James W Hendricks Jr Key Largo Princess 0 Glass Bottom Boat s adventure(a�keylaroprincess.com Packet Pg. 2268 K.5.e To: Monroe County Board of County Commissioners RE: Reference Letter for On The Hook Marine Services, LLC From: Pirates Cove Watersports at 103800 Overseas Hwy Key Largo, FL 33037 Caiti Currie pcwatersports@gmail.com 0 (305) 453-9881 CL Date of initiation of service: November 25, 2020 0 On The Hook Marine Services, LLC provides us a weekly mobile pumpout service. This 4- le service is extremely beneficial to our business as it prevents us from having to cancel trips or cut trips short in order to run and pump out at a local pump station. This, in turn, helps to keep our customers happy. They are very safe when pumping from our vessel and, by providing this service to locals, On The Hook Marine also helps to prevent illegal dumping in the water that would be detrimental to our surrounding ecosystems 0 here in the Florida Keys. 2 0 0. 0 c 0 Packet Pg. 2269 K.5.e 1Popeye ---"' Grinnell ell S1�� et o "', �ti ¢ West, Qlmr, fi„��v1e��"i���'10 *V7' Ven ures June 2. 2021 Monroe County Board of Commissioners RE: On the Hook Marine Services Dear Commissioners- 0 0. On the Hook has provided mobile pump out service for both the houseboat that is my home and for a houseboat that is anchored in Boca Chia Bay. I began using their service in January of this year and the service has been both professional and reliable. The administrative staff has always been available when needed. le I hope that you will agree to giving them a long-term contract so that they can continue to provide excellent service. If you have any questions, please contact me. Regards, 0 J. R, Fogarty Cell (305) 712-0111 76 jr@popeyeventures.com 0. 0 0 0 Packet Pg. 2270 K.5.e American Sailing Academy Key Largo, FL 33037 Paul Keever ( ) 71 .-1 0 aic7aoi.co Monroe County Board of County Commissioners : Letter of Reference for On The Hook Marine Services, LL 0 0. Dear Commissioners, CL Please Mote, our locally owned Monroe County, On The Hook marine Services Stepped up to the plats to Delp provide a desperately needed service to our ecofriendly o community when others did not. Now it is our turn to show them our support, le On The Hook Marine Services, LLC has provided noble pumpout services for American Sailing Academy si ,c,e September 2020, On The Hook and its staff ha>s ixov ded exemplary on-time, � rell bl. pul 1,x.'j service to. v ;refs PM U w�a. 'he C� 7 ;rl d r€,w �!s, :;,ok .� . `l �`1 � �s i f',-dgeable e® about the servic-e, pirovid , ra .Piar with the arey, and der"!,:nstrIate a e zi7wne concern for the cleanliness of our marine environment. The administrative staff is responsive and knowledgeable as well. Overall, this company exceeds our service expectations, — Please f° 1 t to, nontact ,€ �f you ,vv,v„_.` (i!..ts m �. °,eft : h;o° . 0 iereEy, s Paul Keever, Owner .� American Sailing Acadenny v 0 o r o U Packet Pg. 2271 K.5.e Key Lime Sailing Club and Cottages 99306 Overseas Highway Ivey Largo, FL 33037 Paul Keever ( 2) 71 -1500 pl a,ic l grn Monroe County Board of County Commissioners : Letter of Reference for On The Hook Marine Services, LL 0. Dear Commissioners, Please Note tnw our, Locally Owned Monroe County; On The Hook Marine Services, LLC c Stepped up to the plate to help provide a cdesperays!y nerd services when others had failed to 0 support our community. Now it's our turn to suppor-t therm le 0 On The 'r-Irock ML,,Ea,`ine Services, LLC has provided innobile purilpout s r iCE` s for Key Lime Sailing Club and Cottages since September 2020, On TN Mock any; its staff has prov�deo' exemplanj on-time, reliable purr pout service to vessels in our marina. The captain and crew are knowledgeable about the service provided, familiar with the area; and demonstrate a genuine concern for the cleanliness of our marine environment, The administrative staff is responsive and know!edgeat e aS WelIr Overall, this company exceed'exceed's 3 r service =?x r.Cations 0 CJ Please fee', ee to contact mie of you would like more info~ma lcn. 76 Sl cerely{, t t .. y Paul Keever, Owner 0. 0 Ivey Lirr ie Sailing Club and Cottages 0 Packet Pg. 2272 K.5.e South Cade Carina and Eco Adventures INC. 4400 S Dixie Hwy Homestead, FL 33030 Paul Keever Monroe County Board of County Commissioners RR: Letter of Deference for On The look Marine Cervices, LLC 0. Dear Commissioners, Please Note ti a". our Locally Owned Mor,roe County, can The Hook Marine Services, LLC Stepped tip to the plate to help provide a desperate°ly need services when others had failed t 0 support our community, Now it's our tarn to support them! c 0 Can The lHook Marine Sorviees, LLC has provid d mobile pUMPOUt s rvi-,es for South Dade e® Marina since Se iembar 020, C7n Thy c;?'td its staiFl has provided F-,xernpiary cn Jn-ie, reliable purripc ut seniice to vessels in our manna. The captain and crew are knowledgeable about the service provided, familiar with the area, and demonstrate a genuine concern for the cleanliness of our marine environment. The administrative staff is responsive and knowledgeable r<rs well. Overaill, this ccmpany exci rr� � . weds o��r � 0 Please f9el r.0 to ce.f of gyre, if you woJd like more inf .-mati{on. it !y, 0 76 y Paul Keever, Cviner 0. 0 South Cade Carina and Eco Adventures IC. Packet Pg. 2273 K.5.e Morning Star Sailing Charters LL 1313 Ocean Bay Drive#21 Key Large, FL 33037 Paul Keever ( 2. 714-1,50 R e r `�aol.com �, Monroe County Board of County Commissioners RE: Letter of Reference for On The Hook urine Services, LL 0. Gear Commissioners, Please Note tha" our Locally Owned Monroe County, Can The Hook Marine Services, LLC c Stepped tip to the plate to help provide a desperately need services when others had failed to 0 support our community, Now it's our turn to support them'' le 0 On The Honk Marine Services, LLC has provide d mobile py,,i nnl oh it services for Morning Star wiling `,arLer Since September° 202 r�sr The 'Hook and� its staff lea§ provided exemplary on- Sailing time, reliable pUmpout service to vessels in om.rr mzarina, The captain and crew are knowledgeable about the service provided, familiar with the area, and demonstrate a genuine concern for the cleanliness of our marine environment. The administrative staff is responsive and krmo,, ! rtg;_�ale as well. Overall, this company et�ce ds OLY w_,r,{ v ,F., E.r$a,Fmorls. 0 Pleas: r ! tre, to coot act me if YOU WUld like mm ;.e information inc Taly, e _... 6 W Paul Keever, Owner 0. c 0 Morning Star Sailing Charters LL fr Packet Pg. 2274 K.S.e Monroe County Board of County Commissioners RE: Reference Letter for On The Hook Marine Services, LLC Name and full address of your organization: Bungalows Key Largo Name of Contact Person: Johnny Munshower y E-mail address:john@redhospitality.co Telephone number: +1 (305) 395-9831 0 Date of initiation of service: October 2020 0. CL Brief summary of services provided: Prompt and professional weekly pump out services. On The Hook Marine is consistently on time c and reliable for all our pump outs needs. 4- le c 0 0 0 2 0 0. 0 c 0 Packet Pg. 2275 K.5.e Gmail Search mail Testament Inbox x W Louis Rosenberg to me From:Louis Robert Rosenberg 0. Regarding:On the Hook,LLC CL Cap tlouisrosenberg,cr icloud.com 0 599 Morris Ave, Key Largo 4434183954 le Satisfied client since September 2020 0 Please be aware that since this group's inception,they have delivered a critical service to our entire cot = On the Hook LLC is successfully delivering this function now. I suggest we continue to allow them to do It is in our common interest to control unwanted discharges and promote best practices regarding our u 5 Signed: Louis Rosenberg c Sent from my iPhone h > Hani c 0 0. 0 c 0 Packet Pg. 2276 K.5.e ON THE HOOK MARINE SERVICES LLC September, 2020 Good afternoon from On The Hook Marine Service LLC, We are a family-run business consisting of boaters, sailors, and commercial divers who strive to keep our oceans clean. We here at OTHMS would like to provide you with top-notch pump-out 0. service. Let us take the heavy load off your boat so you never have to worry. Your vessel may be eligible for FREE pump-out, and we are working with Monroe County to provide this service to you, starting the week of October 1, in the following locations: Little Basin, Windley/Wilson Key, Community Harbor, Tarpon Basin, Big Basin, Windley/OV Basin, le Buttonwood Sound, Jewfish Creek. You must register with Monroe County to receive this free service. Registered vessels will be provided an orange pumpout flag to be flown when service is requested. Service will be provided when the flag is properly displayed. A monthly endorsement sticker will be provided at service. Please visit monroecounty-fl.gov/pumpout to register your boat. If you need assistance, please call or text us at 305-833-1978 and we will help you get registered. If your boat is ineligible, we offer pump-outs for a fee on a one-time basis or on a regular schedule. You can register online at onthehookms.com/sign-up or call/text us at 305-833-1978. 0 We would like to be your full service on the hook team specializing in pumpouts throughout all of the keys with a strict scheduled system. Rest easy and never have that day of"whoops, forgot P to get that scheduled." Our vessels are meticulously recorded to be on-time, weather permitting. You can find our schedule at onthehookmarine.com. If you are not satisfied with our service, we promise to make it right. 0. 0 Call, text or email and get your vessel's pump-out needs taken care of. We are also available for le call out in the event of a holding tank emergency. Phone/Text: 305-833-1978 Email: Onthehookms@gmail.com Kind regards, Quinn Webster& Chris "Kiwi" Webster On The Hook Marine Services LLC www.onthehookmarine.com Packet Pg. 2277 K.5.e ATTACHMENT A Certification Regarding Debarment or Suspension In compliance with Agreements and grants agreements applicable under the U.S. y 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 0. 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). 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. 0 U 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. 0. W Printed Name of Representative: 0. 0 Signature/Date: —�Ll Company Name: Ln,t .ArC A` Address: City/State/Zip: SSN or EIN No: 25 Packet Pg. 2278 K.5.e ATTACHMENT B Condition of Submitting Proposal The undersigned Proposer has carefully examined all instructions, requirements, specifications, terms, and conditions of the RFP and Agreement and certifies: 1. It is a reputable company regularly engaged in providing goods and/or services necessary to meet the requirements, specifications, terms, and conditions of the RFP and Agreement. 0 2. It has the necessary experience, knowledge, abilities, skills, and resources to 0. satisfactorily perform the requirements, specifications, terms, and conditions of the RFP and the Agreement. Further, if awarded, Proposer agrees to perform the requirements, specifications, terms, and conditions of the RFP and Agreement. 0 3. All statements, information, and representations prepared and submitted in response to the RFP are current, complete, true, and accurate. Proposer acknowledges that le Monroe County Board of County Commissioners' (MCBOCC) will rely on such statements, information, and representations in selecting the successful proposer(s). 4. That the prices quoted shall be MCBOCC's pricing for the product and/or services for the time stated in the RFP. 5. It shall be bound by all statements, representations, warranties, and guarantees made in its Proposal. 6. Proposer acknowledges that the Agreement may be canceled at any time, if any conflict of interest or appearance of a conflict of interest is discovered by MCBOCC, in its sole discretion. 0 7. All purchase orders must be duly authorized and executed by MCBOCC and subject to the terms and condition of the RFP and Agreement. 01, 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 y State, Local and/or Public MCBOCC) who express an interest in participating in any Agreement that results from this RFP. Each of the piggyback institutions will issue their own purchasing documents for the goods/ services. Proposer agrees 0. 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: 1A.)o er ADDRESS: CITY STATE, ZIP: I PHONE: EMAIL: mat ' , ® e 26 Packet Pg. 2279 K.5.e ATTACHMENT LOBBYINGFLI INTEREST L SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS USE (Company) 0 warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former E County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer CL or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 0 (Signature) s Date: :: I' STATE F: t COUNTY OF: n? ro e- 0 u, Subscribed and sworn to (or affirmed) before m , by means of physical presence or 0 online 0 notarization, on �t (date) by ��+� 6A (name of affiant). He/She is personally 0 known tome or has pro 0. Q(type of f as 0 12 identification. ® Notaryublic State:966M Florida0 Castillo T564,0:iEExV:pRms m`1 t= I 0 T P LI My isi pirs: Packet Pg. 2280 K.5.e NON-COLLUSIONATTACHMENT D I I I, of the city of Key West according to law on my oath, and under penalty of perjury, depose and say that: I am Owner f the firm of On The Hook Marine Services,LLC the respondent making the Proposal for the project described in the Notice for Calling for bids for: Mobile vessel Pumpout and that I executed Fhe said r sal with full authority to 0 The prices in this bid have beenarrived t independently without collusion, consultation, communication or agreement for the purpose of restricting competition, to any matter relating to such prices with any other respondent or with anycompetitor; 4- le Unless otherwise required law, the prices whichhave been quoted in this bid have not been knowingly disclosed by the respondent and will not knowingly be disl the respondent prior to bidopening, irctl 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 restricting5, competition; and U The statements contained in this affidavit are true and correct, and made withfull knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding Agreements for said project. W ( na r f Respondent) �(Da ) y 0 STATE O F: 0. Subscribed and sworn to ( r affirmed before , s of physical presence or notarization, n (date) by 0 (name f cant). e/ is personally ,o,nlin,e to a r hasproduced (type of identification) a identification, My Commission Expires: 2 Noiary 9P ubic Expires K.5.e WORKPLACEATTACHMENT E The dersined en or in ac rdnce with Florida Statute 7.0 hereby certifies that: (Name of usine s) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, ' dispensing, possession, or use of a controlled substance is prohibited in the workplace an specifying the actions that will be taken against employees for violations of such prohibition. 0. . 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. le . Gives each employee engaged in providing the commodities or contractual services that o are under bid a copy of the statement specified in subsection (1). . 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 f, or plea of guilty s r nolo contendere to, any violation of Chapter 893 (FloridaStatutes) 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. . Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employees community, or any employee I who is so convicted. W 6. I Makes a good faith effort to continue to maintain a drug-freeworkplace through implementation of this section. 0. ' 0. 1 As the person authorized to signthe statement, I certify that this firm complies fully with above requirements. STATE OF: t °® COUNTY F: Subscribed and sworn to(or affirmed) before me, by means of physical presence or 0 online notarization, on (date) b i (name of flint). He/She is personally known to me or has prod c d (type of identification) as identification. =ommission Expires: 2 Notary Public State of Florida MY Lesion GG iWo A Castillo sin W . Exo res 1 4 Packet Pg. 2282 K.5.e ATTACHMENT IF PUBLICICRIME "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, y 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 awardedor 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 monthsfrom the date of 0. being placed on the convicted vendor list." CL 1 have read the above and state that neither on The Hook Marine Services,LLC (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. I le 0 0 ( inature °' Date: STATE F: 0 COUNTY OF: A4Un Iry 0 > Subscribed and sworn t (or affirmed) before me, by means of physical presence or 0 online notarization, on _ (date) by ` (name of ffiant). He/She is personally known to mey 0 or has produced _ - - (type of identification) as identification. 0. ell ® �t 0 0 LI My i i n Expires: 63 - 12 -cDOY I Notary Public State of Florida Sergio A Castillo My i G S0 a Expre is 03/17j2024 30 Packet Pg. 2283 K.5.e ATTACHMENT G Scrutinized Companies List VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS R � Project Description(s): Respondent Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: i ` 0. Address: City: State: Zip: 2 Phone Number: Email Address: � �: �"' � � ., � 0 Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering 0 into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the w company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725,Florida e® 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$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida 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 G6Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized o 76 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. 2 I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County W may be terminated, at the option of the County, if the company is found to have submitted a false certification 6 or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or o placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. 0. Certified By: ` , who is authorized to sign on behalf of the abov company. Authorized Si ure: Print Na e: t: Title: r Note: The ist are available at the following Department of Management Services Site: orpd>txoll aft:-B nes,;.,op t<Mow, -z;lt' .�,tl C'ra . S a 7 #r�"g= 1k`a19 ` 7t� ��` .. , D. 1rte 1 Packet Pg. 2284 DocuSign Envelope ID;3FCOED28-0035-4022-9E26-FA2ABD04OF4D Attachment INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the bidder named belo�4.T17e following deductibles apply to the corresponding policy, y POLICY DED[JCTI LES Pollution liability 0744- 1 $500 Hull and Liability 726O37 1000 for hull , $2,500 for liability 0. i CL q V Liability policies are __.X Occurrence Claims Made €, 0 ,.,. DocuSigned by: le '.. United Atlantic Insurance Group o Insurance Agency SirsatUre � BIDDERS S`T LEMENT I Understand theinsurance that will bernandator) ifa"arded thecontract and will comply in Full "ith all the re.guirernents, � � G 0 Quinn Webster,Owner Bidder's Name and •L'itic Sif atrii°e � C:ompam Narked On The Hook Marine Services,LLC 0.0. 1 le 0 32 I I I Packet Pg. 2285 K.5.e Affachment I Respondent's Insurance and Indemnification Statement Insurance Requirement Required Limits y 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 e General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: e $200,000 per person $300,000 per occurrence le $200,000 property damage Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage 0 Pollution Liability $1,000,000 per occurrence Watercraft Liability $1,000,000 Combined Single Limit Jones Act Coverage $1,000,000 Longshoremen & Harbor Workers Coverage $1,000,000 0. IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, 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. 2286 K.5.e 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 y within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. W RESPONDENT'S STATEMENT 0 0. I understand the insurance that will be mandatory if awarded the contract and will comply in frill with all the requit meats. ° L Respondent Signature 0 c 0 0 CJ 0 0 0 0. 0 c 0 34 Packet Pg. 2287 K.5.e ATTACHMENT J Bid Proposal Form Proposers Name: on The Hook Marine Services,LLC All pricing to reflect all-inclusive services on a per unit rate per pumpout. 0 Service Area Cost Pumps Total Total Per Per Proposed Proposed CL pump Month Cost Cost Quota (per month (per ear 0 Key West $60.50 400 $24,200 $290,400 c Combined with Stock Island Stock Island 150 $9,075 $108,900 Combined with Key West Lower Keys $59.91 70 $4,193.70 Combined with Key West 0 and-Rtnrk 1-gland CJ 0 I slamorada $87.51 120 $10,501.20 $126,014.40 Combined with Key Largo Key Largo $87.51 130 $11,376.30 0. 0 Combined with Islamorada 0 0 All Service Areas $51.27 870 $44,604.90 $535,258.80 35 Packet Pg. 2288