3rd Amendment 09/15/2021 ,,CAURtf`11
l:.,,--�,a�. 's Kevin Madok, CPA
, : 14, Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: October 26, 2021
TO: Celia Hitchins, Sr.Administrator
Marine Resources
FROM: Pamela G. HancoEC.
SUBJECT: September 15'h BOCC Meeting
Attached is an electronic copy of the following item for your handling.
T11 3rd Amendment to the Interlocal 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.
Should you have any questions please feel free to contact me at(305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH 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.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 cilia,Key West and Stock Island service atea(s);and
WHEREAS,the City and County entered into that certain Interloca1 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"servicee or the"service");and
WHEREAS,the services commenced on August 27,2020,which established a service period
through and including Februtuy 26,2021;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 ptunpout 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 31,2021."
4. All other terms,covenants,conditions,and provision of the operative LA,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
.... pN"�Lr 0 '0�earties.
r .
,')` ,\In itneO,Whereof,the parties have executed this Amendment No.3 to the above-referenced
r ;i ' 2. -Interioc meet,as amended,as indicated below.
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1 (SEAL)' BOARD OF COUNTY COMMISSIONERS ,�,
"C YlN OK,CLERK OF MONROE COUNTY FLORIDA " i
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As Deputy Clerk Mayor Miche e Co dnnn c?- cn .(.
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el ' OF KEY WEST,FLORIDA
1 •F"—e--4*,
Patti 1cLauc Ilm,City Manager
Date: 17)/>/-2-I)7 —ii
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APPROVED AS TO FORM AND
(S l'i•I -.7.-It--;-P';),, ..,:-_-,--- i LEGALITY FOR THE USE AND
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RELIANCE OF CITY OF KEY WEST,
t fil.i4,,:X1 ,)
AT -7.S:iinFV:,:giTlffSn th,City Clerk FLORIDA ONL
Clerk TITLE: C 1 rr
MONROE.CQY ATTORNEY
API:_! t TO FORM
./......,,,,
PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: 918/21
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