Item T11 I�`�
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
-Me Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w Mike Forster,District 5
County Commission Meeting
September 15, 2021
Agenda Item Number: T.11
Agenda Item Summary #8597
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
N/A
AGENDA ITEM WORDING: Approval of Amendment No. 3 to the Inter-Local Agreement(ILA)
between Monroe County and the City of Key West Extending the ILA through December 31, 2021,
to Ensure Continued Mobile Vessel Pumpout Service to Anchored Vessels in the Key West and
Stock Island Service Areas.
ITEM BACKGROUND: At the July 15, 2020, meeting of the Monroe County Board of County
Commissioners ("BOCC", "Board", "Monroe County", or the "County"), the Board approved an
Interlocal Agreement("ILA" or the "agreement")with the City of Key West("City")for temporary
mobile pumpout service to anchored vessels in the (attached) Key West and Stock Island service
areas. Monroe County's temporary pumpout service became necessary after the County's prior
contract with a previous pumpout contractor, Pumpout USA, Inc., expired.
The BOCC on January 20, 2021, directed the professional staff to negotiate with the City for
continued temporary mobile vessel pumpout service ("Temporary Service" or the"service")while
Monroe County sought a new long-term vendor(s) contract(s). The City offered to provide the
service for an additional four(4) months through June 30, 2021.
The BOCC on February 17, 2021, approved Amendment No. 1 (attached) to the ILA; the BOCC on
June 16, 2021, approved Amendment No. 2 (attached)to the ILA, amending the agreement to extend
the service through September 30, 2021, to allow for additional process time.
Monroe County prepared, issued, and duly advertised a revised Request for Proposals ("RFP")in
April 2021 to procure a vendor who would, under contract with the Monroe County BOCC, provide
mobile pumpout service.
On June 22, 2021, the Monroe County Selection Committee for the County's revised RFP convened
and selected the sole proposal received, a proposal submitted by On the Hook Marine Services, LLC
("On the Hook"), and the Monroe County Selection Committee assigned On the Hook a score of 120
points out of a maximum of 130 points attainable under Monroe County's revised RFP.
On July 21, 2021, the Monroe County BOCC approved the Selection Committee's selection of On
the Hook to provide mobile pumpout services throughout Florida Keys waters.
However, in July 2021, the Florida Department of Environmental Protection ("FDEP" or"DEP")
notified the professional staff of the Monroe County Planning and Environmental Resources
Department's Marine Resources Office that FDEP (i.e., the State of Florida through the DEP)
intends to itself provide the operative mobile pumpout service in the waters of the Florida Keys,
utilizing the mobile pumpout service funding that the Florida Legislature had earlier, during its 2021
legislative session, appropriated for such mobile pumpout service for state fiscal year 2021-2022.
For these reasons, a subsequent BOCC contract for Keys-wide mobile pumpout service with On the
Hook has not proceeded.
The FDEP is now in the process of procuring a vendor to provide the FDEP's mobile pumpout
service in the waters of the Florida Keys, with a tentative competitive solicitation award date
anticipated to be approximately mid-October 2021. However, the start date of the FDEP's mobile
pumpout service is not yet known to the County, and will not be known by the County until the
occurrence of the FDEP's selection and award of a contract to a vendor to provide the FDEP's
mobile pumpout service.
As such, the FDEP's commencement of its FDEP mobile pumpout service is not anticipated to begin
prior to the expiration of date of the Temporary Service. Therefore, to avoid a service gap, the
professional staff are recommending approval of this three (3)month extension of the ILA to
December 31, 2021, for continued service. The cost for this additional period of service is a not-to-
exceed amount of$76,740 ($25,580/month).
Funding for this Temporary Service between October 1 and December 31, 2021, is anticipated to be
reimbursed by FDEP; however, until such time, funds from the County's Boating Improvement
Fund will be temporarily utilized to cover this funding gap.
This third amendment to the ILA with the City to provide continued service through December 31,
2021, has been provided for Board approval.
PREVIOUS RELEVANT BOCC ACTION:
July 2020 —Approval of Interlocal Agreement("ILA")with City of Key West
January 2021 —Direction to Negotiate with the City for Continued Service Under the ILA
February 2021 —Approval of Amendment No. 1 to the ILA
June 2021 - Approval of Amendment No. 2 to the ILA
CONTRACT/AGREEMENT CHANGES:
Yes
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Amendment 3
Amendment 2
Amendment 1
Original ILA
FINANCIAL IMPACT:
Effective Date: 8/5/2020
Expiration Date: 12/31/2021
Total Dollar Value of Contract: NTE $25,580 per month ($76,740 for 3 additional months)
Total Cost to County: TBD (anticipated funding from FDEP; BIF as backup source)
Current Year Portion: $0
Budgeted: Yes
Source of Funds: TBD (BIF as backup source)
CPI: No
Indirect Costs: No
Estimated Ongoing Costs Not Included in above dollar amounts: two (2) temporary, full-time
pump out workers @ $27/hr
Revenue Producing: No If yes, amount:
Grant: TBD
County Match: No
Insurance Required: No
Additional Details:
10/01/21 157-62613 - B I FEES/RETAINED VESSEL $76,740.00
To be reimbursed by State Grant 125-63631
REVIEWED BY:
Emily Schemper Completed 09/09/2021 2:56 PM
Peter Morris Completed 09/09/2021 4:01 PM
Purchasing Completed 09/09/2021 4:04 PM
Budget and Finance Completed 09/09/2021 4:05 PM
Maria Slavik Completed 09/09/2021 7:23 PM
Liz Yongue Completed 09/10/2021 9:33 AM
Board of County Commissioners Pending 09/15/2021 9:00 AM
AMENDMENT NO. 3 TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KEY WEST, FLORIDA
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO. 3 TO THE INTERLOCAL AGREEMENT BY AND
BETWEEN THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
("MONROE COUNTY", `BOCC", OR THE "COUNTY") AND THE CITY OF KEY WEST
("CITY"), as amended, is made and entered into this 15th day of September, 2021, by and between
Monroe County and the City.
WHEREAS, from 2013 through June 2020, the Monroe County BOCC provided and
operated a mobile pumpout service to registered vessels in Florida Keys waters; and
WHEREAS, since June 2020, the Monroe County BOCC has established two temporary
mobile pumpout services through agreement(s) with, inter alia, the City of Key West, for mobile
vessel pumpout service(s) in, inter alia, Key West and Stock Island service area(s); and
WHEREAS, the City and County entered into that certain Interlocal Agreement ("ILA" or
the "Agreement") on or about August 5, 2020, for temporary mobile vessel pumpout service for the
Key West and Stock Island service area(s) (hereinafter"services" or the"service"); and
WHEREAS,the services commenced on August 27,2020,which established a service period
through and including February 26, 2 02 1; and
WHEREAS, that certain Amendment No. 1 to the ILA was approved on February 17, 2021,
and effectuated extension of the Agreement through and including June 30, 2021, while the Monroe
County BOCC procured a vendor who would, under contract with the County, provide mobile
pumpout service; and
WHEREAS, that certain Amendment No. 2 to the ILA was approved on June 16, 2021, and
effectuated extension of the Agreement through and including September 30, 2021, to provide
additional process time for Monroe County; and
WHEREAS,Monroe County drafted,prepared, issued, and duly advertised a revised Request
for Proposals ("RFP")in April 2021 to procure a vendor who would,under contract with the County,
provide mobile pumpout service; and
WHEREAS, on June 22, 2021, the Monroe County Selection Committee for the County's
revised RFP convened and selected the sole proposal received, a proposal submitted by On the Hook
Marine Services, LLC, and the Monroe County Selection Committee sitting in review of said
proposal, assigned On the Hook Marine Services, LLC, a score of 120 points out of a maximum of
130 points attainable under Monroe County's revised RFP; and
WHEREAS, in July 2021, the Florida Department of Environmental Protection ("FDEP" or
"DEP")notified the professional staff of the Monroe County Planning and Environmental Resources
Department's Marine Resources Office that FDEP (i.e., the State of Florida through the FDEP)
intends to itself provide the operative mobile pumpout service in the waters of the Florida Keys,
utilizing the mobile pumpout service funding that the Florida Legislature had earlier, during its 2021
legislative session, appropriated for such mobile pumpout service for state fiscal year 2021-2022; and
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WHEREAS, accordingly, the FDEP is now in the process of procuring a vendor to provide
the FDEP's mobile vessel pumpout service in the waters of the Florida Keys, with a tentative
competitive solicitation award date anticipated to be approximately mid-October 2021; and
WHEREAS,as such,the start date of the FDEP's mobile vessel pumpout service is not known
by Monroe County or the City of Key West, and will not be known by Monroe County or the City of
Key West until the occurrence of the FDEP's selection and award of a contract to a vendor to provide
the FDEP's mobile pumpout service; and
WHEREAS, Monroe County and the City of Key West deem that it in the interest of the
public health, safety, and welfare of the residents of and visitors to Monroe County and City of Key
West, to extend this ILA, as amended, through and including December 31, 2021, in order to ensure
City-County coverage of an otherwise approaching gap in service while the start date of the FDEP's
coming mobile pumpout service remains pending to commence; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged by the parties herein, Monroe County and the City of Key West hereby agree as
follows:
1. The foregoing recitals are true and correct and are hereby incorporated as if fully set forth
herein.
2. The operative Interlocal Agreement between Monroe County and the City of Key West, as
amended, is hereby made a legally effective part of this Third Amendment, except as
expressly amended by this Amendment No. 3 to the operative ILA, as amended.
3. Section 3. of the operative ILA, as amended,is hereby amended to add the following sentence:
"This Agreement shall be extended through December 31, 202L"
4. All other terms, covenants, conditions, and provision of the operative ILA, as amended,
except those expressly modified and rendered inconsistent by this third amendment to the
operative Agreement, as amended, remain in full force and effect and binding upon the
parties.
In Witness Whereof, the parties have executed this Amendment No. 3 to the above-referenced
Interlocal Agreement, as amended, as indicated below.
(SEAL) BOARD OF COUNTY COMMISSIONERS
KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
As Deputy Clerk Mayor Michelle Coldiron
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CITY OF KEY WEST, FLORIDA
Patti McLauchlan, City Manager
Date:
APPROVED AS TO FORM AND
(SEAL) LEGALITY FOR THE USE AND
RELIANCE OF CITY OF KEY WEST,
ATTEST: Cheri Smith, City Clerk FLORIDA ONLY:
BY: BY:
Clerk TITLE:
MONROECO AO
APP TO FOR
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: 9/8/21
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Kevin Madok, CPA
Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: June 21, 2021
TO: Alison Smith, Executive Assistant
Planning & Environmental Resources
FROM: Sally M. Abrams, D.C.
SUBJECT: June 16th BOCC Meeting
Attached, for your handling, is J2, Contract Amendment No. 2 to the Inter-Local
Agreement(ILA) between Monroe County (County) and the City of Key West(City)
Extending the ILA through September 30, 2021 to Ensure Continued Mobile Vessel Sewage
Pump Out Service to Anchored Vessels in the Key West and Stock Island Service Areas.
Should you have any questions,please feel free to contact me at extension 3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305.289-6027 305-852-7145 305-852-7145
AMENDMENT NO.2 TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KEY WEST,FLORIDA
AND MONROE COUNTY,FLORIDA
THIS AMENDMENT NO.2 TO THE INTERLOCAL AGREEMENT("Agreement")is
made and entered into this 16" day of June 2021, between Monroe County Board of County
Commissioners (hereinafter"MONROE COUNTY"or the"COUNTY") and the City of Key West,
Florida(hereinafter"CITY").
WHEREAS,the parties entered into an Agreement on August 5,2020,for temporary mobile
vessel pumpout service for the Key West and Stock Island service area (herein "service" or
"services"};and
WHEREAS, services commenced on August 27, 2020 which established a service period
through February 26, 2021;and
WHEREAS, Amendment No. 1 to the Agreement was approved on February 17, 2021, to
extend the Agreement through June 30, 2021 while MONROE COUNTY continued to seek a long-
term vendor for mobile pumpout services in the waters of the Florida Keys; and
WHEREAS,it is deemed in the interest of the health,safety,and welfare of the general public
to extend this Agreement through September 30, 2021 in order to have continued services while
MONROE COUNTY continues to seek a long-term vendor for mobile pumpout services throughout
waters of the Florida Keys;and
NOW, THEREFORE, in consideration of the mutual covenants and obligations contained
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged,the undersigned parties agree as follows:
I. The recitals contained herein are true and correct and are hereby incorporated as if fully set
forth herein.
2. The Agreement between the parties is made a legally effective part of this Second
Amendment,except as expressly amended under this Amendment No. 2.
3. Section 3 is hereby amended by adding the following sentence:
"This Agreement shall be extended through September 30,2021."
4. All of the other terms,covenants,conditions, and provision of the Agreement dated July 15,
2020,except those expressly modified and rendered inconsistent by this Agreement,remain
in full force and effect and binding upon the parties.
THIS SPACE INTENTIONALLY LEFT BLANK
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In Witness Whereof,the parties have executed this Amendment No.2 to the above-referenced
ment as indicated below.
s '
e
� BOARD OF COUNTY COMMISSIONERS
1NADOK,CLERK OF MONROE COUNTY FL+ORIRIDA
kIIA"I'll
1
s Dep Clerk MayoAic*
41eokUoA
MONROE CO ATTORNEY T F KEY WEST,FLORIDA
A TO FORM
--� Patti McLauchlin,Int City Manager
PETER MORRIS � �� r -�� _
AS5lSTANT COUNTY ATTORNEY Date:
Date: 611121
APPROVED AS TO FORM AND
(SEAL) LEGALITY FOR THE USE AND
RELIANCE OF CITY OF KEY WEST,
ATTEST: = ty lerk FLORIDA ONLY:
BY
BY: :
George Wallace,Assistant City Attorney
h
L�
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5 ......
Kevin M adok, cPA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: April 22, 2021
TO: Celia Hitcliins, Sr, Administrator
Marine Resources
FROM: 1'auneia Hance .. I.
SUBJECT: February 17 BOCC Meeting
A[taclied is an electronic copy of[lie follo%ving item for your liandling:
K9 1st Ainerximent to [lie Inter-IAxal Agreement_ (II AJ betriveen Monroe County arid
[lie Laity of Key West extending the II?1 dirougli Junc 30, 2021 to ensure continued mobile vessel
sewage punrpout service to ancliored vessels in the Key West acid Stock Island Ser%ice Areas.
Should you leave any questions please feel free to contact me at (30.5) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Paint Road
Key West,Rorida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
AMENDMENT NO. I TO INTERLOCAL AGREEMENT
BETWEEN THE CITY OF KEY WEST,FLORIDA
AND MONROE COUNTY,FLORIDA
THIS AMENDMENT NO. 1 TO THE INTERLOCAL AGREEMENT("Agreement")is
made and entered into this I" day of February 2021, between Monroe County Board of County
Commissioners(hereinafter"MONROE COUNTY"or the"COUNTY")and the City of Key West,
Florida(hereinafter"CITY").
WHEREAS,the parties entered into an Agreement on August 5,2020,for temporary mobile
vessel pumpout service for the Key West and Stock Island service area (herein "service" or
"services");and
WHEREAS,the Agreement is currently due to expire on February 27,2021; and
VAUREAS, Section 3.3 of the lLA allows for a renewal option; and
WHEREAS,it is deemed in the interest of the health,safety,and welfare of the general public
to extend this Agreement through June 30,2021 in order to have continued services while MONROE
COUNTY continues to seek a long-term vendor for mobile pumpout services throughout waters of
the Florida Keys; and
NOW, THEREFORE, in consideration of the mutual covenants and obligations containM
herein, and other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged,the undersigned parties agree as follows:
1. The recitals contained herein are true and correct and are hereby incorporated as if fully set
forth herein.
2. The Agreement between the parties is made a legally effective part of this First Amendment,
except as expressly amended under this Amendment No. 1.
3. Section 3 is hereby amended by adding the following sentence:
"This Agreement shall be extended through June 30,2021."
4. All of the other terms,covenants,conditions,and provision of the Agreement dated July 15,
2020,except those expressly modified and rendered inconsistent by this Agreement,remain
in full force and effect and binding upon the parties.
THIS SPACE INTENTIONALLY LEFT BLANK
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In Witness Whereof,the parties have executed this Amendment No. I to the above-referenced
ent as indicated below.
a
== BOARD OF COUNTY CUMfflSSIONERS
VA
MADOK,CLERK OF MONROE A
As Deputy Cie& Mayor Michelle Ca diron
MONROECQ' YATrOnNEY 4: -
APPROVEDT, O
APP •70 FORM
�ss�srncapu ATTORNEY OMS aty ger AS TO FORM AND
LEGALITY FOR THE USE AND
RELIANCE OF CITY OF KEY WEST,
"A en Smith, CI ORIDA ONLY:
erk George Wallace,Assistant City Attorney
x
_ C.
Z of Z
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT (hereinafter"Agreement")is entered into as of this
15th day of July 2020, between Monroe County, a political subdivision of the State
of Florida (hereinafter "Monroe County" or "County") and the City of Key West, a
municipal corporation organized and existing under the laws of the State of Florida
(hereinafter "City of Key West"or"City").
WITNESSETH:
WHEREAS, the Board of County Commissioners is the legislative body of Monroe
County, Florida; and
WHEREAS, the waters surrounding the Florida Keys of Monroe County, Florida, are
situated within the boundaries of the Florida Keys National Marine Sanctuary and have, since
2001, been designated a federal No Discharge Zone by the United States Environmental
Protection Agency; and
WHEREAS, Monroe County Comprehensive Plan Objective 203.3.1, Monroe County
Comprehensive Plan Policies 202.3.1-202.3.2, and Monroe County Land Development Code
Section 118-16, require that all marinas and marine facilities must have on-site pumpout
systems, and that all marinas and marine facilities must have on-site pumpout systems
("systems"or"facilities"), and that all such pumpout facilities stay in working order; and
WHEREAS, it has been determined that it is in the interest of the residents of and
visitors to the County that an interlocal agreement for vessel pumpout services be entered into
with the City for the provision of such service(s); and
WHEREAS, the City desires to provide such service(s); and
WHEREAS, the Board finds that this interlocal agreement (hereinafter "ILA" or
"Agreement") is necessary to advance the County's valid health, safety, and welfare police
power interests;
NOW THEREFORE, in consideration of the mutual promises and covenants herein
contained, it is agreed between the COUNTY and the CITY as follows:
Section 1. Recitals and Legislative Intent. The foregoing recitals and statements of
legislative intent are true and correct and are hereby incorporated as if fully stated herein.
Section 2. Representations and Warranties. By executing this Agreement, the City
represents and warrants to the County:
2.1 The City shall maintain all necessary licenses, permits, or other authorizations
necessary for the provision of this service until its duties hereunder have been
fully satisfied.
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The City shall prepare all documentation required by this Agreement in such a manner that they
will be accurate, coordinated, and adequate for use in veritdrig work completed and associated
costs and shall be in conformity and comply with all applicable law, codes, and regulations
2.2 In providing all services pursuant to this Agreement, the City 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.
At the discretion of each party, any violation by the other party of applicable
statutes, ordinances, rules or regulations all constitute a material breach of this
Agreement and shall entitle the first party to terminate this Agreement
immediately upon delivery of written notice of termination to the other,
2.3 The City shall not be considered an "employee" of the County, or shall the
County be considered an "employee" of the City. No statement contained in this
Agreement shall be construed so as to find the City or any of its employees,
subcontractors, servants, or agents to be employees of the County, or vice versa.
Each party shall provide its independent, professional judgment and comply with
all federal, state, and local statutes, ordinances, rules and regulations applicable to
the service to be provided.
2.4 The City and County shall not discriminate against any person on the basis of
race, creed, national origin, sex, age, or any other characteristic or aspect which is
not job related, in its recruiting, hiring, promoting, terminating, or any other area
affecting employment under this Agreement or with the provision of services or
goods under this Agreement.
Section 3. Effective Date and Term.
3.1 This Agreement shall become effective on execution by both parties. However,
this Agreement is contingent upon sufficient, continuous funding to the County by
the Florida Department of Environmental Protection (hereinafter "I'DEP") and/or
other sources, If the applicable FDEP (and/or other) funding agreement(s) is/are
cancelled or becomes insufficiently funded, this ILA is also void, unless the
parties amend it in the same manner as it was originally approved,
3.2 The parties shall be bound by this ILA upon the Agreement's mutual execution by
of parties. The end-date ("completion date") of this ILA shall bete day
immediately following completion of six (6) calendar months from the date (day)
on which the City corarriences the mobile pumpout service at the direction of the
County Administrator in consultation with the City Manager. The mobile
pumpout service shall continue for six (6) full months from that date (the "date of
commencemen-C).
3.3 wal® The parties have the option to renew this Agreement for an additional six
(6)month term.
Section 4. Default. In the event of failure of compliance by either party hereto with any
of its material obligations to the other party as provided herein, such action shall constitute a
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default under this Agreement. Upon such default,the non-defaulting party shall provide to the
defaulting party a written Notice of such default,which Notice (a"Default Notice") shall state in
reasonable detail the actions the defaulting party must take to cure the same. The defaulting party
shall cure any such default within thirty(30)days following the date oft e Default Notice.
Notwithstanding the provisions of this Section. If any such default by the defaulting party
remains uncured at the conclusion of any specified thirty(30) day cure period, and if the nature
of the defaulting party's obligations are such that more than thirty(30)days is required toeffect
the cure,then the defaulting party shall not be in default hereunder and the non-defaulting party
shall not have the right to exercise its termination rights granted herein as a result of any such
default, if the defaulting party commences the cure within the applicable cure period and
thereafter diligently pursues the cure to completion of performance, In the even the defaulting
party fails to affect any required cure as provided for herein,the defaulting party shall be deemed
to be in uncured default hereunder, and the non-defaulting party shall have the right,but shall not
be obligated,upon written Notice to the defaulting party, to terminate this Agreement. If such
Notice is given,this Agreement all terminate on the date set forth in the Notice and the parties
shall be relieved of all rights and obligations hereunder, except for any rights and obligations that
expressly survive termination.
Section 5. To the extent permitted by law and subject tote provisions and monetary
limitations of Florida Statutes § 768.28,the County and City do hereby agree to defend,
indemnify and hold the other, its officers, agents or employees,harmless from and against any
and all liability, damages, costs or expenses(including reasonable attorney's fees, costs, and
expenses at the administrative,trial and appellate levels) arising from,related to, or in
connection with the acts or emissions of the respective party or any third-party vendor contracted
by the respective party in connection with this Agreement.
® 6. Sc2pLof Services.
6.1 The City and County employees shall do, perforin, and carry out in a professional
and proper manner,the Scope of Services described below,
6.2 The City and County employees shall utilize a pumpout sticker system to assist
Florida Fish and Wildlife Conservation Commission (hereinafter "FWC") in
assuring anchored vessels are not discharging sewage into marine sanctuary (NDZ)
waters. Upon the first service byte Pumpout Vessel to the Serviced Vessel, the
Pumpout Vessel Captain shall affix the identification decal (indicating the month
and year of the pumpout) to the bow of the serviced vessel, adjacent to the location
of its state vessel registration decal. An identification decal may not be provided to a
vessel owner or affixed to a vessel unless it has been serviced by the City's Pumpout
Vessel, and service shall not be provided to any vessel(which does not have sewage
to be purnped) simply for the purpose of acquiring an identification decal, Service
may also be denied if the vessel to be pumped out is not properly equipped, as
determined by the City, to provide for a safe, secure purnpout (for example,
improper deck fittings or improper sewage lines, etc.) which may reasonably result
in a sewage leak or other breakdown, danger, or nialluriction. Each time a purnpout
is conducted upon a new calendar month, a new on and year identification deal
shall be affixed to the vessel.
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6.3 Upon the first service by the Pumpout Vessel to the Serviced Vessel, the Pumpout
Vessel Captain shall also provide an orange pumpout flag to the vessel
owner/operator. After the first service, a vessel owner/operator wishing to receive
subsequent pumpout service shall display the orange pumpout flag when service
is requested in order to receive pumpout service. The City shall not pump out a
vessel that does not display the orange pumpout flag even if the vessel is
registered for routine service. A weekly service schedule shall be made available
on the City's website so vessel owners know when to expect service in their area.
Pumpouts may be performed based on a weekly service schedule providing a
maximum of one pumpout per week per individual vessel.
6.4 The parties agree that the marine pumpout service areas contemplated and
encompassed by the scope of services herein.
6.5 The County shall hire two temporary full-time (40 hours/5 days per week) marine
pumpout workers to assist the City's Pumpout Vessel Captains in conducting
pumpouts. These staff will be supervised by City staff and must adhere to the
County's performance standards. The County staff members shall also assist the
City's pumpout operations in the City's mooring fields in order for City to be able to
provide its assistance with the County pumpouts. City will not be compensated by
County for the pumpouts in the City mooring fields.
6.6 If either of the County hired temporary full time marine purnpout workers behavior
violate City performance standards, the City Pump Out Vessel Captains shall notify
the City Port Authority Director and the County Senior Marine Resources
Admiridstrator. 'The County shall investigate the report according to County
Employee policy for discipline,up to and including termination.
6-3 The City shall commence the mobile pumpout service contemplated herein at the
direction of the County Administrator or his designee, in consultation with the City
Manager or his designee.
6.8 Rgjjj_L=. The City shall submit daily pumpout logs tote Monroe County
Planning and Environmental Resources Department's Marine Resources Office
Senior Administrator on a monthly basis, which shall be specific to each pumpout
vessel,pumpout vessel captain, and service area. The daily to shall include:
The date of service;
The name and registration number of each vessel pumped; and
The number of gallons of sewage pumped out for each vessel.
The City shall ensure that the volume of sewage pumped out shall be totaled
at the bottom of each pumpout log. It may also be necessary to provide
additional documentation for State requirements, such as method of disposal.
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6.9 Authorized Work EligLble,for C2Mlac qsation.
6.9.1 The City shall only pump-out anchored out vessels (i.e., "anchor-outs") in
the areas specified in Exhibit"A." delineating certain are around Wisteria
Island,Fleming Key,Cow Key Channel,and Boca Chica Basin.
6.9.2 The County shall pay the City$25.58 per pumpout, fora maximum of 1,000
pumpouts per month,billed quarterly.
6.9.3 Not-to-Exceed Amount. This Agreement's total not-to-exceed amount per
month shall be $25,580; this Agreement's total not-to-exceed amount per
quarter shall be $76,740; this Agreement's total not-to-exceed six-month
amount shall be$153,480.
Section 7. Notwithstanding the provisions of Florida Statutes § 768.28,the participation of
the City and the County in this Agreement and the acquisition of any insurance, including but not
ted to any conimercial 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 agreement or contract entered into by the County or City
be required to contain any provision for waiver.
Section 8. Amount of Compensation and Availability of Funds.
8.1 The City shall not charge customers of the purnp outs ervice for the service(s)
rendered under this Agreement.
8.2 Eamen .
8.2.1 The County shall pay the City in for the City's perforinante of authorized work.
82.2 Consulting, lobbying, travel and lodging are specifically excluded from payment.
Payment shall be made only for services provided and there are no reimbursable
items.
8.2.3 County payment to the City will be made after services are rendered and the City
sends Monroe County an invoice. The invoice shall describe in detail the services
performed,the payment amount requested, and supporting documentation, and must
include: L&I The invoice date; M. The agreement number, if applicable-, fQ
Date(s)of Service;M. Documentation of number of purnpouts performed.And(E.)
Daily Logs.
8.2.4 Budget. The City 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 Agreement
in the County's fiscal year (October 1 - September 30) by the County's Board of
County Commissioners. The budgeted amount may only be modified by an
affirmative act of the County's Board of County Commissioners. The County's
performance and obligation to pay under this Agreement is contingent upon an
annual appropriation byte Board of County Commissioners and the approval of
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the Board members at the time of Agreement initiation, and is furthermore
contingent upon sufficient, continuous funding to the County by FDEP and/or
other sources.
Section 9. Contractor's License.
9.1 The City shall secure,maintain and pay for any pen-nits and licenses
necessary to operate pumpout vessels and associated equipment and
infrastructure. It is the City's responsibility to maintain all pennits and
licenses that may be required. By signature hereon,the City 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 Agreement
documents. Proof of such licenses and approvals shall be submitted to the
County upon request. The City has, and shall maintain throughout the to of
this Agreement, appropriate licenses and approvals required to conduct its
business, and hereby represents that it will at all times conduct its activities in
a reputable manner.
9.2 To the extent required by law in connection with the County's two temporary
fidl-time(40 h0urs/5 days per week)marine purnpout workers,the County shall
secure,maintain, and pay for any necessary permits and licenses, and itshall
be the County's responsibility, regarding its two temporary full-time marine
pumpout workers, to maintain all permits and licenses that may be required.
By signature hereon, the County warrants that it is authorized by law to
engage in the performance of the activities herein described, subject tothe
terms and conditions set forth in these Agreement documents. Proof of such
licenses and approvals shall be submitted tote City upon request. The
County has, and shall maintain throughout the term of this Agreement,
appropriate licenses and approvals required to conduct its business, and
hereby represents that it will at all times conduct its activities in a reputable
manner.
Section 10. Staffing. Staffing is of paramount importance. Each party shall provide at
its own expense all necessary personnel to provide the services under this Agreement. One
party's personnel shall not be employees of or have any contractual relationship with the other.
Section 11. Utilities.The City shall be responsible for payment of any utility charges
associated with the mobile purepout service.
Section 12. Indemnification and Hold Harmless.
12.1 To the extent allowed by law and subject tothe Sovereign immunity limits of
Section 768.28 Florida Statutes he City covenants and agrees to hold
harmless the County, and its officers and employees, from liabilities,
damages,losses, and costs, including but not limited to, all fines, suits,
claims,demands, actions, costs,obligations, and attorney's fees, or liability
of any kind W arising out of,related to, or in connection with the
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negligence,recklessness, or intentional wrongful conduct of the City,
subcontractor(s), and other persons employed or utilized by the City in the
performance of the Agreement,or Q arising out of, related to,or in
connection with the willful non-performance of the City.
12.2 To the extent allowed by laws and subject tote Sovereign immunity limits
of Section 768.25 Florida Statutes the County covenants and agrees to hold
harmless the City,and its officers and employees, from liabilities, damages,
losses, and costs, including but not limited to, all fines, suits,claims,
demands, actions,costs, obligations, and attorney's fees, or liability of any
kind LIJ arising out of,related to, or in connection with the negligence,
recklessness, or intentional wrongful conduct of the County,
subcontractor(s), ® other persons employed or utilized by the County in the
performance aft e Agreement, or Q arising out of,related to, or in
connection with the willful non-performance of the County,
Section 13. Breach of Terms.The passing,approval, and/or acceptance by one party
of any defect in the services furnished by the other, shall not operate as a waiver by the first party
of strict compliance with the terms of this Agreement, and specifications covering the services.
The breach by either party of this Agreement shall be governed by the section(s)below on
termination for cause.
Section 14. Termination Without Cause.Each party may terminate this Agreement
without cause by providing the other with written notice of tennination at least thirty(30) days
prior to the date of termination. Authorized compensation shall be paid tothe other through the
end of provision or services or for the thirty(30)days, whichever is shorter,
Section 15. Termination with Cause. In addition to all the terms set forth herein,
each party may terminate this Agreement for cause if the other shall default in the performance
of any of its obligations under this Agreement.
Section 16. Maintenance of Records.Each party shall comply with all public records
and records retention requirements mandated by Section 24,Article 1, 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 Agreement as are necessary
to document the performance of this Agreement 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 Agreement or ors period of 3 years from the date
of submission of the final expenditure report in accordance with 2 CFR § 200.333,whichever is
greater, Each party shall have the right to unilaterally cancel this Agreement upon violation of
this provision by the other. Failure of one party to abide by the terms oft is provision shall be
deemed a material breach oft °s Agreement. This provisions shall survive any termination or
expiration of the Agreement. Each party to this Agreement or its authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement during
the term of the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the County or Monroe County Clerk of Court determines that monies paid
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tothe City pursuant to this Agreement were spent for purposes not authorized by this Agreement,
or were wrongfully retained by the City,the City shall repay the monies together with interest
calculated pursuant to Florida Statutes § 55.03,running from the date the monies were paid by
the County.
Section 17. Public Access and Public Records Compliance.The parties must
comply with all Florida public records laws,including but not limited to Chapter 119, Florida
Statutes and Section 24,Article 1, oft e Florida Constitution. The parties shall each allow and
permit reasonable access to, and inspection of, all documents, records,papers, letters, or other
"public record"materials in its possession or under its control subject to the provisions of
Chapter 119,Florida Statutes, and made or received by the County and City in connection with
this Agreement and related to Agreement perforinance. Either party has the right to unilaterally
cancel this Agreement upon violation of this provision by the other. This provision shall survive
any termination or expiration of the Agreement.
Each party is encouraged to consult with its advisors about Florida's public records laws in order
to comply with this provision. Pursuant to Section 119.070 1,Florida Statutes, and the terms and
conditions oft °s Agreement, each party is required to:
Keep and maintain public records that would be required by the other to perform the
service contemplated hereunder.
Upon receipt from one party's custodian of records, confirm receipt of public records
requests and provide 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 Agreement is and following expiration, tennination, and/or completion oft e
Agreement if one party with sole possession of records related to this Agreement does not
transfer such records to the other party.
Upon completion of the Agreement,transfer, at no cost, to the other party all public
records in possession of the first party or keep and maintain public records that would be
required by the other party to perform the service. If one party transfers all public records
to the other upon completion of the Agreement, that party shall destroy any duplicate
public records that are exempt or confidential and exempt from public records disclosure
requirements. If one party keeps and maintains public records upon completion of the
Agreement,that party shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided tothe other party,upon request from
the other party's custodian of records, in a format that is compatible with the information
technology systems oft e other party.
A request to inspect or copy or obtain public records relating to a County Agreement
must be made directly to the County,but if the County does not possess the requested
records,the County shall immediately notify the City oft e request, and the City must
provide the records to the City or allow the records to be inspected or copied within a
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reasonable time.
A request to inspect or copy or obtain public records relating to a City Agreement must
be made directly to the City,but if the City does not possess the requested records,the
City shall immediately notify the County oft e request, and the County must provide the
records to the City or allow the records to be inspected or copied within a reasonable time.
If one party does not comply with the other's request for records,that first party shall enforce the
Agreement's maintenance of records and/or public access and public compliance provisions,
notwithstanding the its option and right to unilaterally cancel this Agreement upon violation of
said provision(s)by the other. A party who fails to provide the public records to the other, or on
behalf of the other as set forth herein,pursuant to a valid public records request within a
reasonable time, may be subject to penalties under Florida Statutes § 119. 0.
The neither party shall transfer custody, release,alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
Section 18. Compliance with Law.in providing all service pursuant to this
Agreement, each party shall abide by all statutes, ordinances,rules, and regulations pertaining to,
or regulating the provisions of, such service, including those now in effect and hereinafter
adopted. Amy violation by one party of said statutes,ordinances,rules, and regulations shall
constitute a material breach of this Agreement and shall entitle the other party to terminate this
contract immediately upon delivery of written notice of termination to the first.
Section 19. Disclosure,.Conflict of Inte rest,,and Code of Ethics.
LAJEach party represents that it, its officers 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.
jffi Each party agrees that its officers and employees recognize and will be required to
comply with the standards of conduct for public of 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,
Section ® Notice Re Any notice required or permitted under this
Agreement shall be in writing and hand delivered or mailed,postage prepaid,tothe other party
by certified mail,returned receipt requested, to the following:
FOR MONROE COUNTY,FLORIDA:
Roman Gastesi,Jr.
County Administrator
Monroe County Historic Gato Bldg.
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110 Simonton Street
Key West, Florida 33 040
With copies to:
Robert B. Shillinger, Esq.
Monroe County Attorney
1111 121bSt., Suite 408
Key West,FL 330
and
Emily Schemper
Senior Director-Monroe County Planning&Envtl. Resources Department
2798 Overseas Hwy.
Marathon,FL 33050
If to CITY:
Gregory W. Veliz
City Manager
City of Key West
P.O.Box 1409
Key West, Florida 3 3 041
With a copy to:
Shawn Smith, Esq.
City Attorney
City of Key West
P.O. Box 1409
Key West,FL 33041
Any Notice required by this Agreement to be given or made within a specified period of time, or
on or before a date certain, shall be deemed to have been duly given if sent by certified mail,
return receipt requested,postage and fees prepaid; hand delivered; or sent by overnight delivery
service.
Section 21. No Third-Partv Beneficiaries.Nothing contained herein shall create any
relationship, contractual or otherwise,with or any rights in favor of, any third party.
® 22. Claims for State or Federal Aid. Each party agrees that each shall be,
and is, empowered to apply for, seek, and obtain federal and state fimds to further the purpose of
this Agreement;provided that all applications,requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
Section 23. kEjyjjtges and Immunities.
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23.1 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 oft e County, when
performing their respective functions under this Agreement 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.
23.2 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 tothe activity of officers,
agents, or employees of any public agents or employees of the City,when
performing their respective functions under this Agreement within the
territorial limits oft e City shall apply to the same degree® extent to the
performance of such functions and duties of such officers, agents, volunteers,
or employees outside the territorial limits aft e City.
Section 24. Regulatory Powers.
24.1 Nothing contained herein shall be construed as waiving either party's
regulatory approval or enforcement rights or obligations as it may relate to
regulations of general applicability, which may govern the Agreement.
24.2 Nothing herein shall be deemed to create an affirmative duty of either party
to abrogate its sovereign right to exercise its police powers and governmental
powers by approving or disapproving or taking any other action in
accordance with ordinances, rules and regulations, federal laws and
regulations and state laws and regulations.
Section 25. 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 the
County or City in his or her individual capacity, and no member, officer, agent or employee of
the County or City shall be liable personally in connection with this Agreement or be subject to
any personal liability or accountability by reason aft e execution of this Agreement.
Section 26. Governing..Law,Venue,Interpretation, Costs and Fees.This
Agreement shall be governed by and construed in accordance with the laws oft e State of
Florida applicable to ILAs made and to be performed entirely in the State. In the event that any
cause of action or administrative proceeding is instituted for the enforcement or interpretation of
this ILA, the parties agree that venue shall lie ® the 16 Judicial Circuit,Monroe County,
Florida, in the appropriate court or before the appropriate administrative body. This ILA shall not
be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
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Section 27. Attorneys Fees and Costs.To the extent allowed by law and subject to
the Sovereign Immunity limits of Chapter 768.28 the County and City agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this ILA,the prevailing party shall be entitled to reasonable
attorneys' fees and costs, and out-of-pocket expenses, including the fees and expenses of any
paralegals,legal assistants and law clerks, and including fees and expenses charged for
representation at administrative,trial and appellate levels.
Section 28. Adjudication of Disputes or Disagreements.The County and City 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 Agreement and,to the extent not covered by this Agreement,by general
law. This provision does not negate or waive the preceding provisions of this ILA concerning
termination or cancellation.
Section 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
ILA,the County and City 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
ILA or provision of the service under this Agreement.
Section 30. Non-Assignability. This Agreement shall not be assignable by either party
unless such assignment is first approved by both parties.
Section 31. Independent Contractor.
31.1 The City and its employees,volunteers, agents,vendors and subcontractors
shall be and remain independent contractor and not agents or employees of
the County with respect to all of the acts and services performed by and
under the terms of this Agreement. This Agreement shall not in any way be
construed to create a partnership, association or any other kind of joint
undertaking,enterprise or venture between the parties.
31.2 The County and its employees,volunteers, agents,vendors and
subcontractors shall be and remain independent contractor and not agents or
employees of the City with respect to all of the acts and services performed
by and under the terms of this Agreement. This Agreement shall not in any
way be construed to create a partnership, association or any other kind of
joint undertaking, enterprise or venture between the parties.
Section 32. Severabilit '. If any term, covenant, condition or provision of this ILA(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 Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this ILA shall be valid and shall be enforceable to the
12 of 14
by l the t of the rennining conditions
of �' , t of the
mVinal
intent o f this ILA.The County and city agree to rd=&a UA to replan Y
with a provision as c1 as possible to of ProviSKdsion.
provision
on 33. Survival
o of provisions_ of Y orconditionsof either °
surviveof the
Agreemcn% dIAH remain in full km and effect unless and uniff the tums or conditions am
compleW and shall be fidlY anfornable by either
Sparty represats and warrants to the other
execution,delivery aW Performance of this Agreenient have beezi duly authorized by all
necessarY County and corporate °on,as by law.
Section 35 Fag 11 MAZWUA�This ILA constitutes the entim Agreement between,
.
the County and the City 'the Wmces contemplated herem.Any ammimenu or revimons to
this IIA must be in writing and be executed in the wane manner as this Agramea
Section36. _ on s. S 'on h ° mthis ILAas a
matter Of wnvmwm of refimence oWy,and it is agmad that such Wchon headings are not a Pad
of this IIA and will not be used in&a intmpretafion of any puvision of thisAgrement
Section 37. : tlon lY o 1,This IIA maybe executed in imynumber of
of which shall be re as an ofi&A aU of which tal=to
constitute one and*e Sam insttument and any of the parties hwdo may=acute this HA by
signing my such cowitaqwt
In Witmess Wha*K the parties have cxwuW this Agreement
as indicated below.
ti
4
BOAR]) cOUNTy COMMISSIONERS O
DOX, CLERK O Hillers
O A
As Deputy '1
TO
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13 of 1
CITY OF Y ST RIDA�,.-—
roe. riz, City er
Date: ,
APPROVED AS TO FORM AND
(SEAL) LEGALITY FOR THE USE AND
RELIANCE OF CIT F:y .F KEY WEST,
ATTL" r : r,"Clieri Smith ity.Ch FLORIDA ONL
BY:
Clerk Shawn Smitlf,
14 of 14
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