Item M1 M.1
Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS
�� Mayor David Rice,District 4
The Florida Keys � Mayor Pro Tem Craig Cates,District 1
y Michelle Coldiron,District 2
James K.Scholl,District 3
Ij Holly Merrill Raschein,District 5
County Commission Meeting
July 20, 2022
Agenda Item Number: M.1
Agenda Item Summary #10668
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner (305) 289-2805
N/A
AGENDA ITEM WORDING: Approval of an Interlocal Agreement Between Monroe County and
the Florida Department of Environmental Protection (FDEP) Providing $274,500 in Boating
Improvement Funds to Support FDEP's Mobile Vessel Pumpout Services for Monroe County (FDEP
Contract No. ES008).
ITEM BACKGROUND: The Florida Legislature awarded $1,000,000 for July 1, 2021,
through June 30, 2022, to the Florida Department of Environmental Protection("FDEP" or
"State") for Mobile Vessel Pumpout Services for Monroe County. FDEP thereafter competitively
solicited, by issuing a Request for Proposals ("RFP"), for the provision of Mobile Vessel Pumpout
Services (the "mobile pumpout service")for Monroe County. On the Hook Marine Services, LLC
("On the Hook"), the highest scoring and top-ranked respondent to the State's RFP, was
subsequently selected by FDEP to provide mobile pumpout service.
FDEP and On the Hook accordingly, in November 2021, entered into FDEP Contract No. ES0008 to
provide the mobile pumpout service. That contract, currently running up to and including June 30,
2022, is additionally renewable for up to three (3) additional renewal years.
The Florida Legislature has most recently awarded $300,000 to the FDEP for Mobile Vessel
Pumpout Services for Monroe County, pending final approval by the governor, for July 1, 2022,
through June 30, 2023. That appropriation is $274,500 less than the cost of the mobile pumpout
service under Contract No. ES0008. In order to support this critical public service, the
professional staff of the Planning and Environmental Resources Department's Marine
Resources Office propose to respond to FDEP's request for local financial assistance to it (i.e.,
to the State) in the amount of$274,500 from the County Boating Improvement Fund.
PREVIOUS RELEVANT BOCC ACTION:
N/A
CONTRACT/AGREEMENT CHANGES:
Yes
Packet Pg. 1147
M.1
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
ILA Between Monroe County and FDEP for Mobile Vessel Pumpout Services
Contract ES008 for RFP 2022006 On the Hook Marine Services LLC
FINANCIAL IMPACT:
Effective Date: Upon execution
Expiration Date: June 30, 2023
Total Dollar Value of Contract: $274,500
Total Cost to County: $274,500
Current Year Portion: $68,625
Budgeted: yes
Source of Funds: County BIF 62613 530340
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: no If yes, amount:
Grant: no
County Match: n/a
Insurance Required: no
Additional Details:
None
REVIEWED BY:
Michael Roberts Completed 05/26/2022 5:06 PM
Emily Schemper Completed 05/27/2022 11:33 AM
Peter Morris Completed 05/27/2022 1:09 PM
Purchasing Completed 05/27/2022 1:20 PM
Budget and Finance Completed 05/31/2022 8:55 AM
Brian Bradley Completed 05/31/2022 11:03 AM
Lindsey Ballard Completed 05/31/2022 11:38 AM
Board of County Commissioners Completed 06/15/2022 9:00 AM
Packet Pg. 1148
M.1.a
INTERLOCAL AGREEMENT 0
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this
day of , 2022, between Monroe County, a political subdivision of the
State of Florida ("BOCC", `Board', "Monroe County", or the "County") and the
State of Florida- Department of Environmental Protection("FDEP" or"DEP").
0
WITNESSETH
WHEREAS, the Monroe County BOCC constitutes the local legislature of
unincorporated Monroe County, Florida, and
a�
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 0
CL
("NDZ") by the United States Environmental Protection Agency ("EPA"); and CL
WHEREAS, on February 20, 2013, the BOCC adopted Monroe County 0
Ordinance No. 009-2013 establishing regulations including but not limited to �
proof of pumpout within Managed Anchoring Zones, which was approved by the LO
Florida Fish and Wildlife Conservation Commission ("FWC") in compliance with
the Pilot Program for Anchoring and Mooring ("Pilot Program"), established by CL
E
the FWC under the authority provided by Florida Statute § 327.4105; and
a�
WHEREAS, the FWC Pilot Program expired on July 1, 2017, in U)
accordance with Florida Statute § 327.4105; and >
2
WHEREAS, Monroe County Ordinance No. 009-2013 expired
concurrently with the expiration of the FWC Pilot Program; and 0
0-
WHEREAS, Florida Statute § 327.60(4), effective July 1, 2017, authorizes
enactment and enforcement of proof of pumpout requirements and/or regulations;
and
WHEREAS, FDEP selected On the Hook Marine Services LLC ("On the 0
Hook") as the highest scored and ranked proposer in response to a competitively 0
solicited Request of Proposals ("RFP")for Mobile Vessel Pumpout Services for
Monroe Countyi and on or about November 23, 2021, DEP entered into a contract 2
with On the Hook to provide Mobile Vessel Pumpout Services in Monroe County, 9=
as more particularly described in Attachment 3 ("Scope of Work")to said contract
by and between DEP and On the Hook; and
WHEREAS, the duration of the term of said contract by and between
FDEP and On the Hook is to continue until June 30, 2022, renewable for up to u
three (3) additional renewal years; and
c�
Also known as"RFP 2022006".
1 of 7
Packet Pg. 1149
M.1.a
WHEREAS, on or about June 1, 2021, the Florida Legislature enacted
Chapter 2021-36, Laws of Florida (the "General Appropriations Act"), "providing
moneys for the annual period beginning July 1, 2021, and ending June 30, 2022";
and
0
4-
0-
WHEREAS, on or about June 2, 2021, the governor of Florida approved
the General Appropriations Act ("GAA") for"Fiscal Year 2021-2022" ("FY 21-
22"); and
WHEREAS, following enactment and approval, the GAA for FY 21-22 E
was filed in the Office of the Secretary of State of Florida on or about June 2, 2
2021; and
c�
WHEREAS, the Florida Legislature awarded $1,000,000 to the FDEP
a�
Mobile Vessel Pumpout Services for Monroe County pursuant to Line Item No.
1562 from the GAA for FY 21-22; and 0
WHEREAS, the $1,000,000 awarded to the FDEP Mobile Vessel Pumpout
Services for Monroe County ("FDEP's Monroe County Mobile Vessel Pumpout
d
Program") is, as part of the GAA for FY 21-22, set to expire on June 30, 2022; and U)
0
2
WHEREAS, the State of Florida through FDEP operates this free and
critical mobile vessel pumpout program throughout the Florida Keys and requires
funding assistance from the Monroe County BOCC to continue FDEP's Monroe 0
County Mobile Vessel Pumpout Program; and E
E
WHEREAS, FDEP's Monroe County Mobile Vessel Pumpout Program 6
provides a valuable service to the public; and
a�
WHEREAS, the Monroe County BOCC desires to supportively assist
FDEP's request for local financial assistance; and
0
WHEREAS, the Monroe County BOCC finds that this interlocal
agreement("ILA" or"Agreement") is necessary and in the interest of the public U-
health, safety, and welfare;
NOW THEREFORE, in consideration of the mutual promises and
covenants herein contained, it is agreed between MONROE COUNTY BOARD U
OF COUNTY COMMISSIONERS and the FLORIDA DEPARTMENT OF 0
0
ENVIRONMENTAL PROTECTION 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. 00
Section 2. Authority to Enter Into Interlocal Agreement. This
Agreement is entered into pursuant to Section 163.01, Florida Statutes (the
"Florida Interlocal Cooperation Act of 1969")
Section 3. Representations and Warranties. By executing this
2of7
Packet Pg. 1150
agreement, the County represents and warrants to the Florida Department of
Environmental Protection:
3.1 The County shall provide a not-to-exceed amount of$274,500, from
the BOCC's County Boating Improvement Fund("County BIF"), use of which
shall be exclusively confined to payment to On the Hook Marine Services LLC, as 4-
compensation for rendering the State of Florida Department of Environmental
Protection's Mobile Vessel Pumpout Services, pursuant to and in accordance with
FDEP Contract No. ES008 currently in force by and between FDEP and On the
Hook, which was procured under DEP Solicitation No. 2022006.
3.2 The Monroe County BOCC's payment to FDEP shall be in current
funds, and consulting, lobbying, travel and lodging are specifically excluded from
what the BOCC's payment to FDEP may be used for.
3.3 The Florida Department of Environmental Protection shall
exclusively confine utilization of the immediately above-referenced funding 0
assistance offered by the County to payment to On the Hook Marine Services
LLC, as compensation for rendering the State of Florida Department of
Environmental Protection's Mobile Vessel Pumpout Services, pursuant to and in
accordance with FDEP Contract No. ES008 currently in force by and between U)
FDEP and On the Hook, which was procured under DEP Solicitation No. 0
2022006.
a�
Section 4. Effective Date and Term. 0
0.
4.1 This Agreement shall become effective upon execution by both
parties.
4.2 Funding. The parties agree that the County's responsibility
under this Agreement is to provide funding only. as
;E
4.3 Budget. FDEP 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 0
this Agreement in the County's fiscal year(October 1 - September 30) by the 0-
County's Board of County Commissioners. The budgeted amount may only be a
modified by an affirmative act of the BOCC. This Agreement is contingent upon
an annual appropriation by the Board of County Commissioners, and is
furthermore contingent upon sufficient, continuous funding to the County by the
State of Florida and/or other sources. 0
U
0
4.4 The parties shall be bound by this ILA upon the Agreement's
mutual execution by both parties. The end-date ("completion date") of this ILA
shall be Friday, June 30, 2023.
a�
Section 5. 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 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 ("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 of the
3 of 7
Packet Pg. 1151
Default Notice's issuance. In the event the defaulting party fails to effectuate the
cure(s) required by the Default Notice, the defaulting party shall be automatically
deemed to be in uncured default hereunder, and the non-defaulting party shall have
the right, but shall not be obligated, to terminate this Agreement. If such
termination is elected, the party electing termination of this Agreement shall
provide a written Notice of Election to Terminate, and this Agreement shall 4-
0-
automatically terminate on the date said forth in the Notice of Election to
Terminate.
Section 6. Liability. The sole purpose and objective of this ILA is
for Monroe County to provide monies to the State of Florida Department of
E
Environmental Protection for the Florida Department of Environmental Protection
to utilize as payment to continue the FDEP's Monroe County Mobile Vessel
d
Pumpout Program, and neither party assumes any liability, damages, costs or
expenses of the other in connection with, in relation to, or arising out of, the 0
Florida Department of Environmental Protection's Mobile Vessel Pumpout
Services. 4-
0
Section 7. Breach of Terms. The passing, approval, and/or
acceptance by one party of any defect in act or action by the other, shall not
operate as a waiver by the first party of strict compliance with the terms or
provisions of this Agreement. U)
0
Section 8. Notices. All notices, requests, demands, elections,
consents, approvals, and communications hereunder must be in writing and
addressed as follows, or to any other address which either party may designate to
the other party by mail: CL
If to Monroe County: Roman Gastesi, Jr. 0-
County Administrator
Monroe County
1100 Simonson Street
Key West, Florida 33040
With copies to: Robert B. Shillinger, Esq.
Monroe County Attorney 4-
Monroe County Attorney's Office W
1111 12th Street, Suite 408 LL
Key West, Florida 33041
and
Brittany Burtner U
Senior Administrator 0
Monroe County Marine Resources Office 0
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
If to FDEP: Brenda Leonard
2600 Blair Stone Road, MS-235
Tallahassee, Florida 32399-3000
With a copy to: Kimberly Stamps
On the Hook Marine Services
930 Truman Avenue 975
Key West, Florida 33040
4of7
Packet Pg. 1152
M.1.a
Any notice required or provided for by this Agreement, 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 9. Regulatory Powers.Nothing contained herein shall be '0
0-
construed as waiving either parry's regulatory approval or enforcement of rights or
obligations.
Section 10. In the event of any adversarial administrative proceedings or
litigation arising out of this Agreement, each party hereby knowingly, irrevocably,
a�
voluntarily, and intentionally waives its right to trial by jury. This Agreement shall 2
be construed in accordance with and governed by the laws of this state. Exclusive
venue for any litigation, adversarial administrative proceeding(s), or mediation
arising out of this Agreement, shall be in the 161h Judicial Circuit in and for
Monroe County, Florida. This Agreement is not subject to arbitration.
4-
0
Section 11. Entire Agreement/Modification/Amendment.
0
11.1 Entire Agreement. This writing contains the entire Agreement of
the parties and supersedes any prior oral or written representations. No
representations were made or relied upon by either party, other than those U)
expressly set forth herein.
a�
11.2 Amendment/Modification. No agent, employee, or other
representative of either party is empowered to modify or amend the terms of this 0
0.
Agreement, unless executed with the same formality of this document.
Section 12. Access to Records. Both parties shall comply with all public
records and records retention requirements mandated by Florida Constitution U)
Article I, Section 24, and Chapter 119, Florida Statutes, and shall keep such >
records as are necessary to document the performance of the Agreement, and give 2
access to these records at the request of the County, the State of Florida, the 0
federal government, or authorized representatives of such government bodies.
Notwithstanding any other provision of this Agreement, either party may 0-
unilaterally cancel and terminate this ILA for failure or refusal of the other to a
allow access by an authorized representative of the other party to any records
pertaining to this ILA. The term "records" shall include, but is not limited to, any
and all documents, books, data (electronic and hard copy), and/or papers that
directly result from this Agreement. 0
U
IF THE PUBLIC AGENCY, FLORIDA DEPARTMENT 0
OF ENVIRONMENTAL PROTECTION, HAS QUESTIONS 0
REGARDING THE APPLICATION OF CHAPTER 119,
FLORIDA STATUTES, TO ITS DUTIES TO PROVIDE PUBLIC
RECORDS RELATING TO THIS AGREEMENT, CONTACT
THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY
AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY
ATTORNEY'S OFFICE 1111 12TH STREET, SUITE 408, KEY
WEST, FL 33040.
5 of 7
Packet Pg. 1153
M.1.a
Section 13. Non-Assignability. This Agreement shall not be assignable by
either party unless such assignment is first approved by both parties.
Section 14. Duty to Cooperate. The parties agree to cooperate with each
other in all processes, meetings, and other activities related to the substance of this 4-
ILA.
Section 15. Severability. If any term, covenant, condition or provision of
this ILA (or the application thereof to any circumstance or person) shall be
a�
declared invalid or unenforceable to any extent by a court of competent E
jurisdiction, the remaining terms, covenants, conditions and provisions of this 2
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
fullest extent permitted by law unless the enforcement of the remaining terms,
covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this ILA. The County and City agree to 0
reform the ILA to replace any stricken provision with a valid provision that comes
as close as possible to the intent of the stricken provision.
Section 16. Survival of Provisions. Any terms or conditions of this U)
Agreement that require acts beyond the date of the term of the Agreement, shall 0
survive termination of the Agreement, shall remain in full force and effect unless
and until the terms or conditions are completed and shall be fully enforceable by
either party. 0
0.
Section 17. Authority. Each party represents and warrants to the other 0-
that the execution, delivery and performance of this Agreement have been duly 6
authorized by all necessary governmental and/or corporate action, as required by
law.
0
Section 18. Section Headings. Section headings have been inserted in
this ILA as a matter of convenience of reference only, and it is agreed that such 0
section headings are not a part of this ILA and will not be used in the W
interpretation of any provision of this Agreement. U-
Section 19. Execution in Counterparts. This ILA 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 U
parties hereto may execute this ILA by signing any such counterpart. 0
0
0
In Witness Whereof, the parties have executed this Agreement as
indicated below.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.]
E
c�
6of7
Packet Pg. 1154
M.1.a
L-
BOARD OF COUNTY COMMISSIONERS OF 0
MONROE COUNTY, FLORIDA w
By:
Mayor
(SEAL)
ATTEST: Kevin Madok, Clerk APPROVED AS TO FORM AND
LEGAL SUFFICIENCY BY:
BY:
Deputy Clerk MONROE CCUNTY ATTORNEY
,-RpVED 41,S TOf
CL
CL
Assistant Monroe County Attorney U)
c2
0
0.
STATE OF FLORIDA - DEPARTMENT OF E
ENVIRONMENTAL PROTECTION
a�
U)
U)
Secretary or Designee - Signature as
0
Secretary or Designee -Print Name 0
0-
Date:
Approved as to Form and Legality by FDEP
Attorney
0
U
By (Signature): 0
0
0
E
c�
7of7
Packet Pg. 1155
M.1.b
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
STANDARD CONTRACT
CONTRACT NO. ES008 0
This Contract is entered into between the Florida Department of Environmental Protection(Department)and On the Hook 0
Marine Services LLC,6840 Front Street,Key West,Florida 33040(Contractor),a Limited Liability Company. 0-
NOW,THEREFORE,the parties agree as follows:
1. Scope of Work.
The Contractor shall provide Mobile Vessel Pumpout Services,as described more fully in Attachment 3, Scope of Work,
which was procured under DEP Solicitation No.2022006.
2. Duration.
a. Term. The Contract shall begin on the date of execution and continue until June 30,2022,unless otherwise terminated.
b. Renewals.This Contract may be renewed for up to three(3)renewal years.
3. Contract Managers. E
4-
Department's Contract Manager Contractor's Contract Manager 0
Name: Brenda Leonard Name: Kimberly Stamps >
0
or successor or successor
CL
Address: 2600 Blair Stone Road,MS-235 Address: 930 Truman Avenue 475 CL
Tallahassee,Florida 32399-3000 Key West,Florida 33040 U
Phone: 850-245-2847 Phone: 850-225-6292
Email: lirF rac a 6 F art<lpcl la clF s, l�lF p:C�a Email: otallroF::li 21ti1 1 ..(1a 1na:nilxom
0
0
-Remainder of page intentionally left blank-
a�
c°14
c14
c14
CL
00
ca9
0
U
ca9
Contract No.ES008
Packet Pg. 1156
M.1.b
4. Attachments and Exhibits.
The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby d�
incorporated by reference:
0
N Attachment 1: Standard Terms and Conditions for Competitively Procured Contracts L-
N Attachment 2: Special Terms and Conditions CL
N Attachment 3: Scope of Work
N Attachment 4:Public Records Requirements
N Attachment 5:Price Sheet
❑ Attachment 6: Technology Standards des
❑ Attachment 7: Contractor's Proposal(RFPs Only)
❑ Attachment 8: Contractor's BAFO(ITNs Only)
❑ Additional Attachments(if necessary):
N Exhibit A: General Contract Conditions-PUR 1000 0
N Exhibit B: Subcontractor Utilization Report Form
❑ Exhibit C: Contractor Affidavit/Release of Claims Form E
4-
❑ Exhibit D: Quality Assurance Requirements for Contracts 0
❑ Exhibit E: Advance Payment Terms and Interest Earned Memo
L-
N Additional Exhibits(if necessary): CL
Exhibit F:Pumpout Service Area Map <
Exhibit G: Sample Daily Pumpout Log
Exhibit H: Mobile Vessel Pumpout Service Sample Registration Form
Exhibit L Service Records and Maps
e�
2
5. Compensation. .
a. As consideration for the services rendered by Contractor under the terms of this Contract,the Department shall pay the
Contractor on a fixed unit rate basis up to a maximum of$1,000,000.00 for the completion of services as specified in the
Scope of Work. E
b. The Department shall not reimburse the Contractor for any costs incurred in the performance of this Contract.
0
0
IN WITNESS WHEREOF,this Contract shall be effective on the date indicated above or the last date signed below,
whichever is later.
ON THE HOOK MARINE SERVICES LLC FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION
c°1`4
Leslie Reed Digitally signed by Leslie Reed C1`4
By: �� - By: Date:2021.11.2313.45:28-05'00' N
(Authorized Signature) Secretary or Designee CL
November 16, 2021 0
00
Date Signed Date Signed
6/S
Christopher Webster
Print Name and Title of Person Signing Print Name and Title of Person Signing
0
U
FEID No.F85-2427234
a�
❑ Additional signatures attached on separate page.
Contract No. ES008 2 of 2
Rev.9/25/2020
Contract No.ES008
Packet Pg. 1157
M.1.b
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Standard Terms and Conditions for Competitively Procured Contracts
0
ATTACHMENT 1
1. Entire Agreement.
This Contract,including any Attachments and Exhibits referred to herein and/or attached hereto,constitutes the entire
agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements,whether
written or oral, with respect to such subject matter. Any terms and conditions included on Contractor's forms or
invoices shall be null and void. E
2. Contract Administration. 2
a. Order of Precedence. If there are conflicting provisions among the documents that make up the Contract, the 0
d
order of precedence for interpretation of the Contract is as follows:
i. Standard Contract
ii. Attachments other than Attachment 1,in numerical order as designated in the Standard Contract
iii. Attachment 1, Standard Terms and Conditions
iv. The Exhibits in the order designated in the Standard Contract
b. All approvals,written or verbal,and other written communication between the parties,including all notices,shall
be obtained by or sent to the parties' Contract Managers. All written communication shall be by electronic mail,
U.S.Mail,a courier delivery service,or delivered in person. Notices shall be considered delivered when reflected L
by an electronic mail read receipt,a courier service delivery receipt,other mail service delivery receipt,or when C.
receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered <
delivered at the earliest delivery time. U
c. If a different Contract Manager is designated by either party after execution of this Contract,notice of the name ®a
and contact information of the new Contract Manager will be submitted in writing to the other party and U)
maintained in the respective parties'records.A change of Contract Manager does not require a formal amendment
or change order to the Contract.
d. This Contract may be amended only by a written agreement between both parties.Amendments shall be based on
availability of funding.A change order may be used when there is 0
(1)a change in the subcontractor or approval of subcontractors;
(2)changes in deliverables due dates that do not change the overall Contract term or increase in the deliverable 2
price or Contract amount;or 0
(3)changes in the price of an individual deliverable in cost reimbursement Contract when the overall Contract
amount does not change. 0
All other changes shall be done through a formal amendment.
e. There is no minimum amount of work guaranteed as a result of this Contract. Any and all work assigned will be 0
at the sole discretion of the Florida Department of Environmental Protection("Department"). W
f. The Department reserves the right to suspend or terminate any portion of this Contract or any other contract with Q
the Department,if the Department and Contractor(or any of its affiliates or authorized subcontractors)are adverse c14
in any litigation, administrative proceeding or alternative dispute resolution. The suspension may last until such c14
adverse relationship is resolved either by agreement or by final non-appealable order of a court. CL
g. All days in this Contract are calendar days unless otherwise specified.
3. Contract Duration. 0
a. Term. The term of the Contract shall begin and end on the dates indicated in the Standard Contract, unless 00
extended or terminated earlier in accordance with the applicable terms and conditions. Q
b. Renewals. Any renewals provided under the Contract must meet the requirements of Section 287.058(1)(g), W
Florida Statute(F.S.),which is incorporated herein by reference. If the Standard Contract indicates renewals are i
available, the Contract may be renewed for those timeframe(s). All renewals are contingent upon satisfactory
performance by Contractor. Renewals may be for the entire period or in increments.
0
4. Deliverables. U
The Contractor agrees to render the services or otherwise provide deliverables as set forth in Attachment 3, Scope of
Work and as otherwise set forth in this Contract. The services and/or deliverables shall be delivered in accordance
with the schedule and at the pricing outlined in the Contract.Deliverables may be comprised of activities that must be
completed prior to the Department making payment on that deliverable.
Contract No.ES008
Packet Pg. 1158
M.1.b
5. Performance Measures. 0
The Contractor warrants that:(1)the services will be performed by qualified personnel; (2)the services will be of the L-
kind and quality described in the Scope of Work; (3)Any and all such equipment,products or materials necessary to 0
perform these services, or requirements shall be supplied by the Contractor; (4)the services will be performed in a CL
w
professional and workmanlike manner in accordance with industry standards and practices; (5)the services shall not
infringe upon the intellectual property rights,or any other proprietary rights,of any third party;and(6)its employees,
subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes for work
done at the Department or other location(s).The Department reserves the right to investigate or inspect at any time to
determine whether the services or qualifications offered by the Contractor meet the Contract requirements.
Notwithstanding any provisions herein to the contrary,written acceptance of aparticular deliverable does not foreclose 0
Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery.
6. Acceptance of Deliverables.
a. Acceptance Process. All deliverables must be received and accepted in writing by the Department's Contract
Manager before payment.If the Department's Contract Manager does not accept the deliverables within 30 days
of receipt,they will be deemed rejected.
b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Scope of
Work,as incomplete,inadequate,or unacceptable due,in whole or in part,to the Contractor's lack of satisfactory 0
performance under the terms of this Contract.Failure to fulfill the applicable technical requirements or complete
all tasks or activities in accordance with the Scope of Work will result in rejection of the deliverable and the 0
associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made CL
acceptable to the Department in accordance with the Contract requirements. The Department,at its option,may <
allow additional time within which the Contractor may remedy the objections noted by the Department. The U
Contractor shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a
reasonable timeframe.The Contractor's efforts to correct the rejected deliverables will be at the Contractor's sole U)
expense. The Contractor's failure to make adequate or acceptable deliverables after a reasonable opportunity to 0
do so shall constitute an event of default.
7. Financial Consequences for Nonperformance.
a. Withholding Pam In addition to the specific consequences explained in the Scope of Work and/or Special 0
Terms and Conditions, the State of Florida(State)reserves the right to withhold payment when the Contractor E
has failed to perform/comply with provisions of this Contract. None of the financial consequences for 2
nonperformance in this Contract,as more fully described in the Scope of Work,shall be considered penalties. -119
b. Corrective Action Plan. If the Contractor fails to correct all the deficiencies in a rejected deliverable within the 0
specified timeframe,the Department may, in its sole discretion,request that a proposed Corrective Action Plan X
(CAP)be submitted by the Contractor to the Department. The Department request that the Contractor specify the
outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than a
sixty (60)calendar days. 0
i. The Contractor shall submit a CAP within ten(10)calendar days of the date of the written request
from the Department. The CAP shall be sent to the Contract Manager for review and approval. cv
c14
Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Contractor in Q
writing whether the proposed CAP has been accepted. If the CAP is not accepted,the Contractor CL
shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to
submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified
above may result in the Department's termination of this Contract for cause as authorized in this "-
00
Contract.
ii. Upon the Department's notice of acceptance of a proposed CAP,the Contractor shall have ten(10)
calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP
by the Department does not relieve the Contractor of any of its obligations under the Contract. In
the event the CAP fails to correct or eliminate performance deficiencies by Contractor, the
Department shall retain the right to require additional or further remedial steps,or to terminate this 0
t3
Contract for failure to perform. No actions approved by the Department or steps taken by the
Contractor shall preclude the Department from subsequently asserting any deficiencies in
performance. The Contractor shall continue to implement the CAP until all deficiencies are E
corrected. Reports on the progress of the CAP will be made to the Department as requested by the U
Department's Contract Manager.
Contract No.ES008
Packet Pg. 1159
M.1.b
iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the 0
performance of the Contract as specified by the Department may result in termination of the
Contract. 0
8. Payment.
a. Payment Process.Subject to the terms and conditions established by the Contract,the pricing per deliverable,and 0
the billing procedures established by the Department,the Department agrees to pay the Contractor for services CL
rendered in accordance with Section 215.422, F.S. Contractor shall submit invoices to the Department within
thirty (30) days after the date of the Department's written acceptance of each interim deliverable or the final
deliverable specified in the Scope of Work. Invoices and the appropriate documentation shall be submitted via 3:
email to the Department's Contract Manager. Contractor's failure to submit invoices within this timeframe may
result in forfeiture of retainage suspension or termination of remaining work,or the Contractor's forfeiture of any E
unpaid balance for such deliverables.
b. Vendor Rights. A Vendor Ombudsman has been established within the Department of Financial Services. The �y
duties of this individual include acting as an advocate for Contractors who may be experiencing Problems in
obtaining timely payment(s)from state agencies. The vendor Ombudsman may be reached at(850)413-5516.
c. Taxes. The Department is exempted from payment of State sales and use taxes and Federal excise taxes. The
Contractor,however,shall not be exempted from paying any taxes that it is subject to,including State sales and
use taxes, or for payment by the Contractor to suppliers for taxes on materials used to fulfill its contractual E
obligations with the Department. The Contractor shall not use the Department's exemption number in securing 0
such materials.The Contractor shall be responsible and liable for the payment of all its FICA/Social Security and ra
other taxes resulting from this Contract. 0
d. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by the Department CL
pursuant to the Scope of Work shall be submitted to the Department in sufficient detail for a proper pre-audit and
post-audit to be performed.The Contractor shall only invoice the Department for deliverables that are completed U
in accordance with the Scope of Work.
e. Multiple Payment Request.Contractor's submitted invoice shall represent a full account of the work done during U)
each invoice period, and include all fees and costs claimed for work done during that period. Department's 0
payment of an invoice shall constitute full payment and a final settlement of all of Contractor's claims for services
provided during the invoice period. No subsequently asserted claims or invoices for services performed during a
previously invoiced period will be payable by the Department.
f. Interim Payments. Interim payments may be made by the Department, at its discretion, if the completion of °
deliverables to date have first been accepted in writing by the Department's Contract Manager.
g. Final Payment Request. A final payment request should be submitted to the Department no later than sixty (60) �
calendar days following the completion date of the Contract to ensure the availability of funds for payment. 0
However,all work performed pursuant to the Scope of Work must be performed on or before the completion date X
of the Contract.
h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Contract is C
contingent upon an annual appropriation by the Legislature. Authorization for continuation and completion of 0
work and any associated payments may be rescinded,with proper notice, at the discretion of the Department if
the Legislature reduces or eliminates appropriations. cv
c14
i. Interest Rates.All interest rates charged under the Contract shall be calculated on the prevailing rate used by the Q
State Board of Administration. Interest payments of less than$1 will not be issued unless Contractor requests 0-
such payment. To obtain the applicable interest rate, please refer to:
http://www.myfloridacfo.corn/Divisioli/AANendors/def,lult.htm.
j. Limitation on Pam Contractor shall not be compensated for services performed prior to execution of this "-
00
Contract,for services performed following its expiration,termination,or suspension,nor for services that exceed
the funding amount specified herein or in any amendment to this Contract. It is the Contractor's responsibility to
know when the authorized compensation amount of the Contract will be reached. Contractor shall not perform,
nor be compensated for,any services beyond the services described in the Scope of Work.
9. Documentation Required for Cost Reimbursement Contracts.
If Cost Reimbursement is authorized in the Standard Contract,the following conditions apply.To be eligible for 0
U
reimbursement,costs and supporting documentation must be in compliance with laws,rules,and regulations
governing agreements for services,including,but not limited to,the Reference Guide for State Expenditures,which
can be accessed at the following web address:
https://www jnyfloridacfo.com/Divisiorn/AA/Manuals/documents/ReferenceGuideforStateExpenditures d£ U
Contract No.ES008
Packet Pg. 1160
M.1.b
Invoices for cost reimbursement shall be supported by an itemized listing of expenditures by category (salary,travel 0
expenses,etc.). Supporting documentation must indicate that the item was paid and indicate the date of service.
0
10. Preferred Pricing Clause.
If this Contract incorporates the PUR 1000, section 4.(b), and it is applicable, or other preferred pricing clause,the 0
Contractor must submit an affidavit, at least annually, attesting that Contract is in compliance with the preferred- CL
w
pricing clause.
11. Retainage.
The following provisions apply if the Department withholds retainage under this Contract:
a. The Department reserves the right to establish the amount and application of retainage on the work performed a
under this Contract up to the maximum percentage described in Attachment 2, Special Terms and Conditions.
Retainage may be withheld from each payment to Contractor, pending satisfactory completion of work and
approval of all deliverables.
b. The Department reserves the right to withhold payment of retainage for Contractor's failure to respond to or
ra
correct identified deficiencies within the timeframe stipulated in the Scope of Work.The Department shall provide
written notification to Contractor of identified deficiencies and the Department's intent to withhold retainage.
Contractor's failure to rectify the identified deficiency within the timeframe stated in the Department's notice will
result in forfeiture of retainage by Contractor. E
c. If Contractor fails to perform the requested work,or fails to perform the work in a satisfactory manner,Contractor 0
shall forfeit its right to payment for the work and the retainage called for under the entire Scope of Work. Failure
to perform includes,but is not limited to,failure to submit the required deliverables or failure to provide adequate 0
documentation that the work was actually performed. CL
d. No retainage shall be released or paid for incomplete work while this Contract is suspended. <
e. Except as otherwise provided above, Contractor shall be paid the retainage associated with the work,provided U
Contractor has completed the work and submits an invoice for retainage held in accordance with the invoicing
procedures under this Contract. U)
12. Insurance. 0
a. Proof of Insurance. Upon execution of this Contract,the Contractor shall provide the Department documentation
demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of
any work under this Contract. Upon receipt of written request from the Department,the Contractor shall furnish
the Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- E
insured authorization,or other certification of self-insurance.
b. Deductibles. The Department shall be exempt from,and in no way liable for,any sums of money representing a
deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the 0
Contractor providing such insurance.
c. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason,
or if Contractor cannot get adequate coverage,the Contractor shall immediately notify the Department of such a
cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide 0
proof of such replacement coverage within ten(10)days after the cancellation of coverage.
d. Insurance Requirements for Sub-Contractors.Department shall not be liable to any subcontractor for any expenses �
or liabilities incurred under any subcontract,regardless of whether the Department has approved such subcontract Q
or subcontractor. Any subcontracts made under or in performance of this Contract must include the same CL
conditions specified in this Contract, and shall include a release of any rights, claims or liabilities against the
Department. The level of insurance to be carried by subcontractors performing work under this Contract shall be
at the discretion of Contractor. 4-
00
13. Termination.
a. Termination for Convenience. When it is in the State's best interest,the Department may, in its sole discretion,
terminate the Contract in whole or in part by giving thirty (30) days written notice to the Contractor. The
Department shall notify the Contractor of the termination for convenience with instructions as to the effective
date of termination or the specific stage of work at which the Contract is to be terminated. The Contractor must
submit all invoices for work to be paid under this Contract within thirty (30) days of the effective date of 0
t3
termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of
termination.
a�
b. Termination for Cause. The Department may terminate this Contract if any of the events of default described in E
the Events of Default provision below occur or in the event that the Contractor fails to fulfill any of its other U
obligations under this Contract. If, after termination, it is determined that the Contractor was not in default, or
Contract No.ES008
Packet Pg. 1161
M.1.b
that the default was excusable,the rights and obligations of the parties shall be the same as if the termination had 0
been issued for the convenience of the Department.The rights and remedies of the Department in this clause are
in addition to any other rights and remedies provided by law or under this Contract. 0
c. Contractor Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination, L_
unless otherwise directed by the Department, the Contractor shall not furnish any service or deliverable on the 0
date, and to the extent specified, in the notice. However,the Contractor shall continue work on any portion of CL
the Contract not terminated. If the Contract is terminated before performance is completed,the Contractor shall
be paid only for that work satisfactorily performed for which costs can be substantiated. The Contractor shall not
be entitled to recover any cancellation charges or lost profits.
d. Continuation of Prepaid Services.If the Department has paid for any services prior to the expiration,cancellation,
or termination of the Contract,the Contractor shall continue to provide the Department with those services for
which it has already been paid or, at Department's discretion, Contractor shall provide a refund for services that 0
have been paid for but not rendered. 0
e. Transition of Services Upon Termination,Expiration,or Cancellation of the Contract. If services provided under
the Contract are being transitioned to another provider(s),the Contractor shall assist in the smooth transition of U
Contract services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to 2
cooperate with the new provider(s),however additional requirements may be outlined in the Scope of Work. The
Contractor shall not perform any services after Contract expiration or termination,except as necessary to complete E
the transition or continued portion of the Contract,if any. 0
14. Step-in Rights.
If the Contractor is in material breach of its obligation to perform any of the services under the Contract and fails to 0
remedy such breach within ten(10)days after written notice of the breach from the Department,the Department, at C,
C,
its sole discretion, shall have the right to"step-in"(i.e.perform the work itself)or hire another contractor to perform <
these services. Contractor shall be liable to the Department for any fees or expenses that the Department may incur U
in exercising its step-in rights or securing a substitute provider to assume completion of those services.
15. Notice of Default. U)
If the Contractor defaults in the performance of any covenant or obligation contained in the Contract,including, any 0
of the events of default, the Department shall provide notice to the Contractor and an opportunity to cure that is
reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time
certain for correcting the failure. The notice will also provide that, should the Contractor fail to perform within the 0
time provided,the Contractor will be found in default,and the Department may terminate the Contract effective as of E
the date of receipt of the default notice. 2
16. Events of Default Subject to the Notice of Default Provision. -119
Provided such failure is not the fault of the Department or outside the reasonable control of the Contractor, the 0
following non-exclusive list of events,acts,or omissions,shall constitute events of default. M
a. The commitment of any material breach of this Contract by the Contractor,including failure to timely deliver a
material deliverable,failure to perform the minimal level of services required for a deliverable,discontinuance of C
the performance of the work, failure to resume work that has been discontinued within a reasonable time after 0
notice to do so,or abandonment of the Contract;
b. Failure to maintain adequate progress,thus endangering the performance of the Contract; �
c. Failure to honor any term of the Contract; Q
d. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking CL
the certificate of authority granted to the Contractor by a state or other licensing authority;
e. Failure to pay any and all entities,individuals, and furnishing labor or materials, or failure to make payment to
any other entities as required by this Contract; "-
00
f. Failure to comply with a preferred-pricing clause required by this Contract,if any,at the Department's discretion;
g. Failure to maintain the insurance required by this Contract;
h. One or more of the following circumstances, uncorrected for more than 30 calendar days unless, within the
specified 30-day period, the Contractor (including its receiver or trustee in bankruptcy) provides to the
Department adequate assurances, reasonably acceptable to the Department, of its continuing ability and
willingness to fulfill its obligations under the Contract: 0
U
i. Entry of an order for relief under Title 11 of the United States Code;
ii. The making by the Contractor of a general assignment for the benefit of creditors;
iii. The appointment of a general receiver or trustee in bankruptcy of the Contractor's business or E
property; and/or
Contract No.ES008
Packet Pg. 1162
M.1.b
iv. An action by the Contractor under any state insolvency or similar law for the purpose of its 0
bankruptcy,reorganization,or liquidation.
i. Events of Default that Result in Immediate Termination. 0
a. The commitment of any material misrepresentation or omission in any materials,or discovery by the Department �
of such,made by the Contractor in this Contract or in its response to the solicitation; 4-
b. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the CL
w
Immigration and Nationality Act; and
c. Department's good faith belief that failure to comply with the Employment Eligibility Verification requirements
of this Contract has occurred.
17. Indemnification.
a. The Contractor shall be fully liable for the actions of its agents,employees,partners,or subcontractors and shall
fully indemnify, defend, and hold harmless the Department and its officers, agents, and employees, from suits, 0
actions,damages,and costs of every name and description arising from or relating to: 0
i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in
part by Contractor, its agents, employees,partners, or subcontractors; provided,however,that the
Contractor shall not indemnify for that portion of any loss or damages proximately caused by the
negligent act or omission of the Department;
ii. the Contractor's breach of this Contract or the negligent acts or omissions of the Contractor. E
b. The Contractor's obligations under the preceding paragraph with respect to any legal action are contingent upon 0
the Department giving the Contractor(1)written notice of any action or threatened action; (2)the opportunity to
take over and settle or defend any such action at Contractor's sole expense; and(3) assistance in defending the 0
action at Contractor's sole expense. C,
C,
c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to <
Contractors that are governmental entities: Each party hereto agrees that it shall be solely responsible for the U
negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a
waiver by either party of its sovereign immunity or the provisions of Section 768.28,F.S.Further,nothing herein U)
shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter 0
arising out of any contract or this Contract.
d. No provision in this Contract shall require the Department to hold harmless or indemnify the Contractor,insure
or assume liability for the Contractor's negligence,waive the Department's sovereign immunity under the laws 0
of Florida,or otherwise impose liability on the Department for which it would not otherwise be responsible. Any E
provision,implication or suggestion to the contrary is null and void.
18. Limitation of Liability.
The Department's liability for any claim arising from this Contract is limited to compensatory damages in an amount 0
no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in M
compliance with the terms of the Contract. Such liability is further limited to a cap of$100,000.
Unless otherwise specifically enumerated in the Contract,purchase order,or task order,Department shall not be liable a
to another for special,indirect,punitive,or consequential damages,including lost data or records(unless the contract 0
or purchase order requires the Contractor to back-up data or records), even if the party has been advised that such
damages are possible. Department shall not be liable for lost profits, lost revenue, or lost institutional operating �
savings. The Department may,in addition to other remedies available to them at law or equity and upon notice to the Q
c14
Contractor,retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages,
penalties,costs and the like asserted by or against them. The Department may set off any liability or other obligation
of the Contractor or its affiliates to the Department against any payments due the Contractor under any contract with
the State. 00
19. Remedies.
All rights and remedies provided in this Contract are cumulative and not exclusive of any other rights or remedies that
may be available to the Department, whether provided by law, equity, statute, in any other agreement between the
parties or otherwise. Department shall be entitled to injunctive and other equitable relief, including,but not limited
to, specific performance,to prevent a breach,continued breach or threatened breach of this Contract. No remedy or
election hereunder shall be deemed exclusive. A failure to exercise or a delay in exercising, on the part of the 0
U
Department,any right,remedy,power or privilege hereunder shall not operate as a waiver thereof,nor shall any single
or partial exercise of any right,remedy,power or privilege hereunder preclude any other or further exercise thereof or
the exercise of any other right, remedy, power or privilege. The Department may, in addition to other remedies
available to it at law or in equity and upon notice to the Contractor,retain such monies from amounts due Contractor
Contract No.ES008
Packet Pg. 1163
M.1.b
as may be necessary to satisfy any claim for damages,penalties,costs and the like asserted by or against it.Nothing 0
in this Contract shall be construed to make the Contractor liable for force majeure events.
20. Ownership of Documents. 0
All plans, specifications,maps, computer files,databases and/or reports prepared or obtained under this Contract, as L-
well as data collected together with summaries and charts derived therefrom, shall become the property of the 0
Department upon completion or termination of this Contract,without restriction or limitation on their use, and shall CL
be made available upon request to the Department at any time during the performance of such services and/or upon
completion or termination of this Contract. Upon delivery to the Department of said document(s), the Department
shall become the custodian thereof in accordance with Chapter 119,F.S. Contractor shall not copyright any material
and products or patent any invention developed under this Contract.
21. Statutory Notices Relating to Unauthorized Employment and Subcontracts.
a. The Department shall consider the employment by any Contractor of unauthorized aliens a violation of Section
274A(e) of the Immigration and Nationality Act. If the Contractor/subcontractor knowingly employs
unauthorized aliens,such violation shall be cause for unilateral cancellation of this Contract.The Contractor shall
be responsible for including this provision in all subcontracts with private organizations issued as a result of this
Contract.
b. Pursuant to Sections 287.133 and 287.134, F.S., the following restrictions apply to persons placed on the
convicted vendor list or the discriminatory vendor list: E
i. Convicted Vendors. A person or affiliate who has been placed on the convicted vendor list 0
following a conviction for a public entity crime may not submit a bid,proposal,or reply on a contract
to provide any goods or services to a public entity; may not submit a bid,proposal, or reply on a 0
contract with a public entity for the construction or repair of a public building or public work; may CL
not submit bids,proposals,or replies on leases of real property to apublic entity;may not be awarded <
or perform work as a Contractor, supplier, subcontractor, or consultant under a contract with any U
public entity;and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017,F.S.,for CATEGORY TWO for a period of 36 months following the U)
date of being placed on the convicted vendor list. 0
ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the
construction or repair of a public building or public work;may not submit bids,proposals,or replies E
on leases of real property to a public entity; may not be awarded or perform work as a contractor,
supplier, subcontractor,or consultant under a contract with any public entity; and may not transact
business with any public entity. 0
iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator X
vendor list following a conviction or being held civilly liable for an antitrust violation may not
submit a bid,proposal,or reply on any contract to provide any good or services to a public entity; a
may not submit a bid,proposal,or reply on any contract with a public entity for the construction or 0
repair of a public building or public work;may not submit a bid,proposal,or reply on leases of real
property to a public entity; may not be awarded or perform work as a Contractor, supplier, �
subcontractor,or consultant under a contract with a public entity;and may not transact new business Q
c14
with a public entity. CL
iv. Notification. The Contractor shall notify the Department if it or any of its suppliers,subcontractors,
or consultants have been placed on the convicted vendor list,the discriminatory vendor list,or the
antitrust violator vendor list during the life of the Contract.The Florida Department of Management "00
Services is responsible for maintaining the discriminatory vendor list and the antitrust violator
vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or
antitrust violator vendor list may be directed to the Florida Department of Management Services,
Office of Supplier Diversity,at(850)487-0915.
22. Employee Eligibility.
Effective January 1,2021,Contractor is required to use the U.S.Department of Homeland Security's E-Verify system 0
t3
to verify the employment eligibility of all employees used by the Contractor under this Contract,pursuant to Section
448.095, F.S. Also, the Contractor shall include in related subcontracts, if authorized under this Contract, a
a�
requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E-Verify
system to verify employment eligibility of all employees used by the subcontractor for the performance of the Work.
The subcontractor must provide the Contractor with an affidavit stating that the subcontractor does not employ,
Contract No.ES008
Packet Pg. 1164
M.1.b
contract with, or subcontract with an unauthorized alien. The Contractor shall maintain a copy of such affidavit for
the duration of the Contract. If the Department has a good faith belief that a subcontractor knowingly violated
§448.095(1), F.S. and notifies the Contractor of such, but the Contractor otherwise complied with this statute, the 0
Contractor shall immediately terminate the contract with the subcontractor. L-
23. Compliance with Federal,State and Local Laws. 0
a. The Contractor and all its agents shall comply with all federal, state and local regulations, including, but not 0-
w
limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration
requirements. The Contractor shall include this provision in all subcontracts issued as a result of this Contract.
b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be 3:
excluded from participation in;be denied the proceeds or benefits of,or be otherwise subjected to discrimination
in performance of this Contract.
c. This Contract shall be governed by and construed in accordance with the laws of the State.
d. Any dispute concerning performance of the Contract shall be processed as described herein. Jurisdiction for any �y
damages arising under the terms of the Contract will be in the courts, and venue will be in a court of competent
ra
jurisdiction,in Leon County,Florida. Except as otherwise provided by law,the parties agree to be responsible
for their own attorney fees incurred in connection with disputes arising under the terms of this Contract.
24. Scrutinized Companies.
a. Contractor certifies that it and its subcontractors are not on the Scrutinized Companies that Boycott Israel List. E
Pursuant to Section 287.135, F.S.,the Department may immediately terminate this Contract at its sole option if 0
the Contractor or its subcontractors are found to have submitted a false certification; or if the Contractor,or its
subcontractors are placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of 0
Israel during the term of the Contract.
b. If this Contract is for more than one million dollars,the Contractor certifies that it and its subcontractors are also <
not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran U
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section
287.135, F.S. Pursuant to Section 287.135,F.S.,the Department may immediately terminate this Contract at its U)
sole option if the Contractor,its affiliates,or its subcontractors are found to have submitted a false certification; 0
or if the Contractor,its affiliates,or its subcontractors are placed on the Scrutinized Companies that Boycott the
Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the
Contract. °
c. As provided in Subsection 287.135(8),F.S.,if federal law ceases to authorize these contracting prohibitions then
they shall become inoperative. �
25. Lobbying and Integrity. 0
The Contractor agrees that no funds received by it under this Contract will be expended for the purpose of lobbying M
the Legislature or a State agency pursuant to Section 216.347,F.S.,except that pursuant to the requirements of Section
287.058(6),F.S.,during the term of any executed agreement between the Contractor and the State,the Contractor may C
lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation 0
regarding that agreement.The Contractor shall comply with Sections 11.062 and 216.347,F.S.
26. Record Keeping. �
The Contractor shall maintain books,records and documents directly pertinent to performance under this Contract in Q
accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The
Department,the State,or their authorized representatives shall have access to such records for audit purposes during
the term of this Contract and for five (5)years following the completion date or termination of the Contract. In the
event that any work is subcontracted,the Contractor shall similarly require each subcontractor to maintain and allow "00
access to such records for audit purposes. Upon request of the Department's Inspector General,or other authorized
State official, the Contractor shall provide any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's
business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The
Contractor shall retain such records for the longer of: (1)three years after the expiration of the Contract; or(2)the
period required by the General Records Schedules maintained by the Florida Department of State (available at: 0
U
http://dos.my florida.com/library-archives/records-management/general-records-schedules/).
27. Audits.
a. Inspector General. This Contract is subject to a post performance audit by the Department's or State's Inspector E
General.The Contractor understands its duty,pursuant to Section 20.055(5),F.S.,to cooperate with the Inspector U
General in any investigation, audit, inspection, review, or hearing regarding the Contract. The Contractor will
d
Contract No.ES008
Packet Pg. 1165
M.1.b
comply with this duty and ensure that its Subcontracts issued under this Contract,if any,impose this requirement,
in writing,on its sub-Contractors.
b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect 0
work being performed under this Contract,with reasonable notice and during normal business hours, including
by any of the following methods: 0
i. Contractor shall provide access to any location or facility on which Contractor is performing work, CL
or storing or staging equipment,materials or documents;
ii. Contractor shall permit inspection of any facility, equipment, practices, or operations required in
performance of any work pursuant to this Contract; and,
iii. Contractor shall allow and facilitate sampling and monitoring of any substances,soils,materials or
parameters at any location reasonable or necessary to assure compliance with any work or legal
requirements pursuant to this Contract. 0
c. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, �y
the Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs
to the Contract pursuant to State and Federal guidelines (including cost allocation guidelines). The Department U
may also request a cost allocation plan in support of Contractor's multipliers (overhead, indirect, general
administrative costs, and fringe benefits). The Contractor must provide the additional proof within thirty (30)
calendar days of such request. E
28. Conflict of Interest. 0
The Contractor covenants that it presently has no interest and shall not acquire any interest which would conflict mi
any manner or degree with the performance of services required. 0
29. Independent Contractor. CL
The Contractor is an independent contractor and is not an employee or agent of the Department. d
30. Subcontracting. t3
a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed
solely by the Contractor and may not be subcontracted or assigned without the prior written consent of the U)
Department. 0
b. The Department may, for cause,require the replacement of any Contractor's employee, subcontractor,or agent.
Shall cause, includes technical or training qualifications, quality of work, change in security clearance, or non-
compliance with an applicable Department policy or other requirement.
c. The Department may, for cause, deny access to the Department's secure information or any facility by any E
Contractor employee,subcontractor,or agent.
d. The Department's actions under paragraphs b. or c. shall not relieve the Contractor of its obligation to perform
all work in compliance with the Contract.The Contractor shall be responsible for the payment of all monies due 0
under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities M
incurred under any subcontract and the Contractor shall be solely liable to the subcontractor for all expenses and
liabilities incurred under any subcontract. a
e. The Department supports diversity in its procurement program and requests that all subcontracting opportunities 0
afforded by this Contract embrace diversity enthusiastically. The award of subcontracts should reflect the full
diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting �
opportunities may be obtained by contacting the Office of Supplier Diversity at(850)487-0915. Q
f. The Contractor shall not be liable for any excess costs for a failure to perform,if the failure to perform is caused CL
by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of
both the Contractor and the subcontractor(s), and without the fault or negligence of either, unless the
subcontracted products or services were obtainable from other sources in sufficient time for the Contractor to "-
00
meet the required delivery schedule.
31. Improvements to Real Property.
If any state funds are provided under this Contract for the purchase of or improvements to real property,the Contractor
shall grant to the state a security interest in the property equal to the amount of state funds provided for at least five
(5)years from the date of purchase or the completion of the improvements,unless otherwise provided by law.
32. Guarantee of Parent Company. 0
t3
In the event the Contractor is sold during the period the Contract is in effect,the Contractor agrees that it will be a
requirement of sale that the new parent company guarantee all of the obligations of the Contractor.
33. Headings.
The headings contained herein are for convenience only, do not constitute a part of this Contract and shall not be
deemed to limit or affect any of the provisions hereof.
d
Contract No.ES008
Packet Pg. 1166
M.1.b
34. Interpretation of Contract. 2
a. Where appropriate:the singular includes the plural and vice versa;references to statutes or regulations include all Z
statutory or regulatory provisions consolidating,amending or replacing the statute or regulation referred to;unless 0
otherwise indicated references to Rules are to the adopted rules in the Florida Administrative Code; the words �
"including," "includes" and "include" shall be deemed to be followed by the words "without limitation"; unless 0
otherwise indicated references to sections, appendices or schedules are to this Contract;words such as "herein," w
"hereof'and"hereunder" shall refer to the entire document in which they are contained and not to any particular
provision or section; words not otherwise defined which have well-known technical or construction industry
meanings,are used in accordance with such recognized meanings;references to Persons include their respective
successors and assigns and,in the case of Governmental Persons,Persons succeeding to their respective functions
and capacities; and words of any gender used herein shall include each other gender where appropriate.
b. Contractor acknowledges and agrees that it has independently reviewed this Contract with legal counsel,and that 0
it has the requisite experience and sophistication to understand,interpret and agree to the particular language of 0
the terms. Accordingly, if an ambiguity in(or dispute regarding the interpretation of)this Contract shall arise, <
the Contract shall not be interpreted or construed against the Department,and,instead,other rules of interpretation U
and construction shall be used. If the Contract is competitively procured, the Contractor further acknowledges
and agrees that it had the opportunity and obligation,prior to submission of its Response,to review the terms and
conditions of this Contract and to bring to the attention of the Department any conflicts or ambiguities contained
4-
therein. 0
35. Modifications Required by Law.
Department reserves the right to revise this Contract to include additional language required by Federal agency(ies) 0
or other sources awarding funding to the Department in support of this Contract,if applicable,and to include changes 0.
0.
required by Florida law or Administrative Code rule changes. <
36. Survival. U
The respective obligations of the parties,which by their nature would continue beyond the termination or expiration
of this Contract, including without limitation, the obligations regarding confidentiality, proprietary interests, and U)
public records,shall survive termination,cancellation,or expiration of this Contract. 0
37. Third Parties.
The Department shall not be deemed to assume any liability for the acts,failures to act or negligence of the Contractor,
its agents, servants, and employees. The Contractor shall not disclaim its own negligence to the Department or any
third party. This Contract does not and is not intended to confer any rights or remedies upon any person other than °
the parties. If the Department consents to a subcontract, the Contractor will specifically disclose that this Contract
does not create any third-party rights.Further,no third parties shall rely upon any of the rights and obligations created
under this Contract. 0
38. MFMP Transaction Fee X
a. The State through the Department of Management Services (DMS), has instituted MyF loridaMarketP lace
(MFMP), a statewide e-procurement system. Pursuant to Section 287.057(22)(c), F.S., all payments shall be a
assessed a Transaction Fee which the Contractor shall pay the State unless exempt pursuant to Rule 60A-1.031, 0
Florida Administrative Code(F.A.C.).
b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when �
possible,be automatically deducted from payments to the Contractor. If automatic deduction is not possible,the Q
cN
Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031,F.A.C. By submission of these reports and
corresponding payments,the Contractor certifies their correctness. All such reports and payments shall be subject
to audit by the State or its designee.
c. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)if "-
00
such item(s)is/are returned to the Contractor through no fault,act,or omission of the Contractor. Notwithstanding
the foregoing, a Transaction Fee is non-refundable when an item is rejected, returned, or declined, due to the
Contractor's failure to perform or comply with specifications or requirements of this Contract.
d. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and
recovering re-procurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS THAT
ARE DELINQUENT IN PAYING TRANSACTION FEES MAY BE EXCLUDED FROM CONDUCTING 0
U
FUTURE BUSINESS WITH THE STATE.
39. Compensation Report.
If this Contract is a sole-source,public-private agreement or if the Contractor,through this agreement with the State, E
annually receive 50%or more of their budget from the State or from a combination of State and Federal funds,the
Contractor shall provide an annual report,including the most recent IRS Form 990,detailing the total compensation
Contract No.ES008
Packet Pg. 1167
M.1.b
for the entities'executive leadership teams.Total compensation shall include salary,bonuses,cashed-in leave,cash 0
equivalents,severance pay,retirement benefits,deferred compensation,real-property gifts,and any other payout.
The Contractor must also inform the Department of any changes in total executive compensation between the annual 0
reports.All compensation reports must indicate what percent of compensation comes directly from the State or L_
Federal allocations to the Contractor. 0
40. Execution in Counterparts. W
This Contract, any amendments, and/or change orders related to the Contract,may be executed in counterparts, each
of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic
Signature Act of 1996,electronic signatures,including facsimile transmissions,may be used and shall have the same
force and effect as a written signature.
41. Warranty of Authority to Sign.
Each person signing this Contract warrants that he or she is duly authorized to do so and to bind the respective party
to the Contract.
d
c�
E
4-
0
0
CL
CL
U
U)
0
c2
0
0
C14
cN
cN
CL
00
c�
0
U
E
c�
Contract No.ES008
Packet Pg. 1168
M.1.b
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Special Terms and Conditions 0
ATTACHMENT 2 0
CL
These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and
Conditions,Attachment 1.Where in conflict,these more specific terms shall apply.
1. Insurance.
Required Coverage. At all times during the Contract the Contractor,at its sole expense,shall maintain insurance E
coverage of such types and with such terms and limits described below. The limits of coverage under each policy 2
maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the 0
Contract. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida.
Additional insurance requirements for this Contract may be required elsewhere in this Contract,however the
minimum insurance requirements applicable to this Contract are:
a. Commercial General Liability Insurance.
The Contractor shall provide adequate commercial general liability insurance coverage and hold such 4-
liability insurance at all times during the Contract. The Department,its employees,and officers shall be 0
named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for >
each occurrence and$500,000 policy aggregate.
CL
b. Commercial Automobile Insurance. C,
If the Contractor's duties include the use of a commercial vehicle,the Contractor shall maintain automobile <
liability,bodily injury,and property damage coverage. Insuring clauses for both bodily injury and property U
damage shall provide coverage on an occurrence basis. The Department,its employees,and officers shall
be named as an additional insured on any automobile insurance policy. The minimum limits shall be as U)
follows: �?
$200,000/300,000 Automobile Liability for Company-Owned Vehicles,if applicable
$200,000/300,000 Hired and Non-owned Automobile Liability Coverage
c. Workers' Compensation and Employer's Liability Coverage.
The Contractor shall provide workers' compensation,in accordance with Chapter 440,F.S.,and employer's
liability insurance with minimum limits of$100,000 per accident,$100,000 per person,and$500,000
policy aggregate. Such policies shall cover all employees engaged in any work under the Contract.
d. Other Insurance. 0
None.
2. Payment and Performance Bonds.
There are no bonds required under this Contract.
3. Liquidated Damages. �
There are no liquidated damages under this Contract. �
0-
4. Retainage.
No retainage is required under this Contract. 0
00
5. MFMP Transaction Fee.
Pursuant to Rule 60A-1.031,Florida Administrative Code,the Contractor is required to pay the MFMP Transaction W
Fees for payments made pursuant to this Contract. y
6. Quality Assurance Requirements.
There are no special Quality Assurance requirements under this Contract. U
7. Subcontracting.
a. Contractor shall not subcontract any work under this Contract without the prior written consent of the
Department's Contract Manager.Department reserves the right to reject any proposed subcontractor based upon
the Department's prior experience with subcontractor,subcontractor's reputation,or the Department's lack of
Contract No.ES008
Packet Pg. 1169
M.1.b
adequate assurance of performance by subcontractor. Contractor agrees to be responsible for the fulfillment of
all work elements included in any subcontract and agrees to be responsible for the payment of all monies due
under any subcontract. 0
b. Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any �
subcontract,regardless of whether the Department has approved such subcontract or subcontractor. Contractor 0
shall be solely liable to its subcontractor(s)for all expenses and liabilities incurred under any subcontract.Any CL
subcontracts made under or in performance of this Contract must include the same conditions specified in this
Contract,with the exception of insurance requirements(paragraph contained herein),and shall include a release
of any rights,claims or liabilities against the Department.The level of insurance to be carried by subcontractors 3:
performing work under this Contract shall be at the discretion of Contractor.
c. If subcontractors are used,the Contractor shall complete and submit Exhibit B, Subcontractor Utilization Report E
Form(Subcontractor Report)with each invoice.Failure to provide Subcontractor Report with an invoice shall 0
result in a delay in processing the invoice for payment.
d. Contractor shall pay all subcontractors and vendors under this Contract within seven(7)working days from the
date of receipt of payment from the Department,excluding the final payment.If the Contractor receives less
than full payment from the Department for the services or goods of the subcontractors or vendors,the
Contractor shall pay subcontractors and vendors in at least the same proportion as that paid by the
Department.Penalties for non-compliance and provisions for legal assistance for subcontractors are included in E
Subsection 287.0585(1),F.S. 0
e. Contractor shall submit lien waivers or other documentation of payment from each subcontractor or supplier
with each invoice where subcontractors or suppliers performed during the previous invoice period. 0
CL
CL
8. Personnel Changes. <
The Contractor may remove its personnel assigned to perform under this Contract and substitute other qualified U
personnel. Any removals or replacements by Contractor shall be at no additional cost to the Department.
U)
9. Intellectual Property.
a. The Contractor's intellectual property rights that preexist this Contract will remain with the Contractor.
a�
Intellectual property rights to all property created or otherwise developed by Contractor specifically for the
Department will be owned by the State through the Department.
b. If the Contractor fails to provide,or no longer can provide,a deliverable or service under the Contract that
contains or otherwise utilizes intellectual property controlled by the Contractor,the Contractor shall grant the
Department a royalty-free,paid-up,nonexclusive,perpetual license to use,modify,reproduce,distribute, 0
publish or release to others,such Contractor-controlled intellectual property solely for use in connection with 0
the deliverables or services under the Contract. a�
c. This ownership interest and the rights conferred under this section will continue after the expiration or
termination of the Contract. 0
d. Notwithstanding the foregoing language,the Contractor's workpapers prepared or developed under this c�
Contract are the exclusive property of the Contractor,but Contractor shall permit Department access and review
of workpapers upon Department's request.
c14
10. Additional Terms. CL
None.
0
00
c�
0
t3
c�
Contract No.ES008
Packet Pg. 1170
M.1.b
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Scope of Work as
0
ATTACHMENT 3
0
1. Scope of Work
The Contractor shall provide mobile vessel sewage pumpout services to anchored-out vessels in five (5)
service areas throughout waters of the Florida Keys within Monroe County, Florida as outlined in Exhibit
F,Pumpout Service Area Map. This pumpout service is being provided by the Florida Department of
Environmental Protection to vessel owners to reduce or eliminate the adverse environmental impacts
associated with the illegal discharge of sewage into the waters of the Florida Keys,which under federal
a�
law prohibits discharging sewage into waters within the Florida Keys National Marine Sanctuary(the <
"Florida Keys No-Discharge Zone"), and in conformity with Monroe County Board of County
Commissioners (BOCC)Proof of Pumpout Ordinance as authorized by Section 327.60(4), Florida
Statutes, ("mobile pumpout service", "mobile pumpout service operations", or"Service'T'service").
The Service should include a sufficient number of suitably equipped pumpout vessels,vessel operators, 0
and management and management support staff to pumpout anchored vessels located throughout the >
waters of the Florida Keys within Monroe County and provide required documentation of pumpouts via
Cl
daily logs and required reports. C,
A detailed waste offloading/disposal plan shall be used that includes detailed information on anticipated U
offloading locations,operational details, and disposal methods.
U)
2. Definitions 0
c�
In this Contract, the following terms shall be defined as set forth below: 0
No Discharge Zone (NDZ)—The United States Environmental Protection Agency in 2002 established a
No Discharge Zone ("NDZ") for state waters surrounding the Florida Keys. In 2010 the NDZ was
expanded to encompass all waters within the Florida Keys National Marine Sanctuary.
0
Clean Vessel Act(CVA) - In 1992, the Clean Vessel Act was signed into law to reduce water pollution X
by prohibiting vessels from discharging raw sewage into fresh water or coastal saltwater. The act
established a federal grant program, administered by the U.S. Fish and Wildlife Service,to fund sewage
disposal facilities. 0
GPS Monitoring Device-an electronic monitoring device on a vessel that shows the location of the c14
pumpout vessel and/or trucks working.Using software,it tracks the location,gallons pumped,run-time, Q
and logs the activity. 0-
3. Contractor Responsibilities
a. Deliverables. The Contractor shall provide the following deliverables: 4-
Q
1. Mobile Vessel Pumpout Service
The Contractor shall provide the Service which shall provide a suitable number of marine pumpout
vessels and service hours/days to provide approximately 500 pumpouts per month for the pumpout
service area outlined in Exhibit F,Pumpout Service Area Map. 0
U
The Service shall be provided at no charge to all anchored vessels located within the boundaries of
the Pumpout Service Area Map(Exhibit F),in the waters of Monroe County within the Florida E
Keys,up to a maximum of one pumpout per week to each individual vessel served.
Contract No.ES008
Packet Pg. 1171
M.1.b
Vessel waste shall be offloaded and disposed of properly. Refer to Exhibit I, Service Records and
Maps,for disposal locations.
a�
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 0
2
necessary to ensure cost reasonableness (e.g.weekly pumpouts shall not be performed for a vessel L_
that only needs bi-weekly or monthly service). 4-
0-
2. Service Areas
The Contractor shall provide services in the geographic regions as outlined in Exhibit F,Pumpout
Service Area Map. The five (5) service areas are: Key West, Stock Island, Lower Keys, Islamorada,
and Key Largo. Each Service Area contains multiple anchorage areas.
3. Staffing 0
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. U
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 permitted under all federal, State, and local laws, ordinances,
rules, and regulations,to perform such activities, duties, or services. The Contractor's personnel
shall not be considered"employees"of or be understood or deemed to have any individual legal 0
relationship or privity with, contractual or otherwise,with the Department. CL
d_
The primary duties of office personnel shall include,but shall not be limited to: U
• Coordinating pumpout schedules;
• Registering customers for service; U)
• Obtaining registrants' contact information and location for pumpout 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
a�
Monroe County waters.
The primary duties of field personnel shall include,but shall not be limited to:
• Operating a pumpout vessel(s) on a weekly schedule within their designated service areas; 0
• Maintenance of an adequate supply of identification decals, monthly endorsement stickers, X
a�
and orange pumpout flags; and
• Continuous regular maintenance of written daily pumpout log to ensure they are filled out
entirely in a concise,readable format for review. c�
4. Registration of Customers c14
c14
Vessel owners are required to register for pumpout service with the Contractor,which shall assist in C14
streamlining the service through a)utilization of`identification decals' indicating participation in the U_
Service and b) orange flags to be flown when in need of a pumpout. All such decals and flags shall L_
be provided by the Contractor at no cost to the Department. 4-
00
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 ensure is available
and accessible to the public at all times. A sample registration form is provided by the Department
for the Contractor's use as Exhibit H. The Contractor shall submit to the Department all registration 0
information as provided on the sample registration form (Exhibit H) for each customer registered for U
service. Upon online registration, the Department 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 registration forms at various marine facilities throughout Monroe County. The Contractor
d
Contract No.ES008
Packet Pg. 1172
M.1.b
shall be responsible for creating and entering the registration information into a registration log for
submittal to the Department. 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 0
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. W
An identification decal may not be provided to a vessel owner or affixed to a vessel unless it has
been serviced by the Contractor's pumpout vessel, and service shall not be provided to any vessel
(which does not have sewage to be pumped) simply for the purpose of acquiring an identification 0
decal. Service may also be denied if the vessel to be pumped is not properly equipped, as determined
by the Contractor, to provide for a safe, secure pumpout(for example,improper deck fittings,
sewage lines, etc.)which may reasonably result in a sewage leak or other breakdown, danger, or
malfunction. cis
After the first service by the Contractor, a vessel owner/operator wishing to receive subsequent
pumpout services shall display (i.e.hoist) the orange pumpout flag when service is requested in
order to receive pumpout service. The Contractor shall not pumpout 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 CL
confirm that service was received. The vessel owner/operator shall be required to hoist the flag again
to receive subsequent pumpout service. U
The Contractor shall ensure that a service schedule for each service area is continuously available for U)
access by the public on the Contractor's website. The registration forms provided on said website
shall contain:
a�
• The anchored location of the vessel(latitude/longitude and anchorage name); -
• The registration(or documentation)number and state of registration;
• Whether 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); X
a�
• The name of the vessel;
• Contact information for the vessel owner and/or operator including phone, email and mailing
address; ct�
• A point of contact listed for the vessel;
C14
• Anticipated service need(e.g... only once,weekly,biweekly or monthly); and c14
• Vessel use category(e.g.year-round local liveaboard vs. transient cruiser). �
U_
The registration form must be signed by the vessel owner and/or its operator and must expressly L_
authorize the Contractor to pumpout the participating vessel and to board the participating vessel to 4-
00
facilitate performance of a pumpout,if necessary.
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. 0
U
5. Public Education
The Contractor shall continuously maintain a website in support of the pumpout service. In addition,
the Contractor shall develop and provide registration packets in support of the pumpout service. In
partnership with Monroe County,the Contractor shall also provide public education materials and
d
Contract No.ES008
Packet Pg. 1173
M.1.b
other instructional materials to the boating community. All educational materials shall primarily
focus upon the importance of clean water to the environment and public health of the Florida Keys
and its residents and visitors, and the pollution impacts of sewage discharge into the environment. 0
The Contractor shall also ensure that these materials are available on its website and provide the
g County i i�� ://w�ww.morroro�;co urroty i1, , v/)t,"ny, t; . The 0
following link to the Monroe Coun website:
Contractor may further distribute these materials to facilities such as marinas,boating-related
businesses,public facilities, and other locations where they may be reasonably accessed by the "-
boating public. In addition,FWC officers and staff may also distribute these materials. W
6. Coordination with the Department,Monroe County staff and FWC
The Contractor shall, at any and all times requested by the Department,Monroe County or FWC,
identify to the requestor any occupied vessels that are not participating in the service or that are not
requesting pumpouts.
7. Monitoring Devices
The Contractor shall install appropriate GPS monitoring devices 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 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 0
devices shall be kept maintained and operable for the term of this contract. The Contractor shall CL
make the monitoring data accessible for review by the Department and Monroe County by <
submitting access information(i.e. log-in credentials)for the monitoring device data account. U
8. Daily Pumpout Logs
The Contractor shall complete and submit 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 is provided by the
Department for the Contractor's use as Exhibit G. The log shall include the service area/anchorage
area, date of service,vessel location,vessel registration number,vessel name,in/out of state
registration, estimated gallons pumped per vessel, and offloading location. The following items shall
be totaled at the bottom of each pumpout log:
• The total number of pumps; 0
• The total number of in-state and out-of-state vessels serve; X
a�
• The total estimated volume of sewage pumped; and
• The total number of offloaded gallons indicated by the flow meter data as specified 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 um If a vessel requests service but no cN
g p p pump. q CN
sewage is pumped,this service shall not be included in the total number of pumps and will not be C14
compensated for payment unless beyond the control of the Contractor.All service calls and U_
pumpouts shall be recorded with any applicable notes on the daily pumpout log, exhibit G. L_
0
4-
00
9. Flow Meters
The Contractor shall install appropriate flow meters on all pumpout vessels to record actual gallons
w
of sewage offloaded from the pumpout vessel holding tank to the offloading facility. The meter shall
be installed on the discharge side of the pumpout vessel holding tank for accurate readings. The
readings from these flow meters shall be recorded on the daily pumpout log for accurate reporting
purposes. The flow meter reading shall be recorded on, the daily pumpout log at the completion of U
each offloading event with a total number of gallons offloaded noted for each vessel per day of
service. Saltwater flushing or any material other than sewage shall not be included in the total
number of offloaded gallons reported on the daily pumpout log. Flow meters shall be kept
maintained and operable for the term of this contract.
d
Contract No.ES008
Packet Pg. 1174
M.1.b
10. Quarterly Pumpout Report
The Contractor shall submit a signed quarterly pumpout report containing each service area as well
as a summary of all service areas provided under this Contract.
0
• Monthly and Quarterly total number of pumpouts performed; L_
0
• Monthly and Quarterly total number of in-state vessels and out-of-state vessels pumped out; 4-
• Monthly and Quarterly total estimated volume of sewage (in gallons)pumped out; W
• Monthly and Quarterly total number of gallons offloaded;
• Monthly and Quarterly total number of individual vessels pumped out;
• Monthly and Quarterly total number of vessels pumped out(for the entire service area and
broken down by vessel location);
• Methods and location of waste disposal utilized;
• Gallons of fuel used in performance of this Contract;
• Any education and outreach activities provided or performed in connection with this Contract;
and cis
• The service schedule for each service area.
a�
b. Invoicing. At the end of each month, the Contractor shall submit to the Department's Contract
Manager a signed invoice on company letterhead, along with documentation of services(s)received.
Consulting, lobbying, travel, and lodging are specifically excluded from payments.Payments shall be 0
L_
made only for Services provided(i.e.,individual pumpouts) and there are no reimbursable items. C,
CL
Contractor's final invoice must be received within sixty(60) days after the termination or expiration ..,,,
of this Contract. The Contractor shall provide monthly invoicing documentation, as described above. U
Invoicing shall be made within fifteen(15) calendar days of the end of each month.
U)
0
The Contractor shall not charge any fees to anchored-out vessels for the services rendered under this 2
Contract including,but not limited to, service fees and registration fees. In addition,pumpout vessel 0
operators shall not accept any tips for providing this service.
E
c. Completion Criteria and Date. The Contractor shall complete all Services prior to the expiration of
the Contract. Any pending invoices must be submitted in accordance with Section 3(b) - Invoicing
-119
above. 0
0
4. Department's Responsibilities
The Department's Contract Manager will be responsible for reviewing deliverables to determine if they
conform to the Scope of Work and accepting or rejecting deliverables for payment of invoices, as
appropriate. Upon approval of deliverables, the Department shall pay the Contractor for the deliverables
submitted on monthly invoices. The monthly invoices shall be based on the per unit rate listed in the Q
Price Sheet.Payment will be based on the number of pumpouts performed at the cost per pumpout as 0-
indicated on the Price Sheet.
0
00
c�
0
c,
c�
Contract No.ES008
Packet Pg. 1175
M.1.b
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Public Records Requirements
ATTACHMENT 4
0
1. Public Records Access Requirements.
a. If the Contract exceeds$35,000.00,and if the Contractor is acting on behalf of the Department in its performance of services 4-
under the Contract,the Contractor must allow public access to all documents,papers,letters,or other material,regardless of the W
physical form,characteristics,or means of transmission,made or received by the Contractor in conjunction with the Contract
(Public Records),unless the Public Records are exempt from section 24(a)of Article I of the Florida Constitution or section
119.07(1),F.S.
b. The Department may unilaterally terminate the Contract if the Contractor refuses to allow public access to Public Records as
required by law.
2. Additional Public Records Duties of Section 119.0701,F.S.,If Applicable.
If the Contractor is a"contractor"as defined in section 119.0701(1)(a),F.S.,the Contractor shall:
d
a. Keep and maintain Public Records required by the Department to perform the service.
b. Upon request,provide the Department with a copy of requested Public Records or allow the Public Records to be inspected or
copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119,F.S.,or as otherwise provided by
law.
c. A Contractor who fails to provide the Public Records to the Department within a reasonable time may be subject to penalties -
under section 119.10,F.S. ra
d. 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 C,
CL
Contractor does not transfer the Public Records to the Department.
e. Upon completion of the Contract,transfer,at no cost,to the Department all Public Records in possession of the Contractor or U
keep and maintain Public Records required by the Department to perform the service.If the Contractor transfers all Public
Records to the Department upon completion of the Contract,the Contractor shall destroy any duplicate Public Records that are
U)
exempt or confidential and exempt from Public Records disclosure requirements. If the Contractor keeps and maintains Public
Records upon completion of the Contract,the Contractor shall meet all applicable requirements for retaining Public Records.All
Public Records stored electronically must be provided to the Department,upon request from the Department's custodian of Public
Records,in a format specified by the Department as compatible with the information technology systems of the Department.
These formatting requirements are satisfied by using the data formats as authorized in the Contract or Microsoft Word,Outlook,
Adobe,or Excel,and any software formats the Contractor is authorized to access.
f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC X
RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S
CUSTODIAN OF PUBLIC RECORDS AT:
Telephone: (850) 245-2118
Email ��tibl �°..: fl v„c s(�),Flo �c1aDE � c�� CN
Mailing Address: Department of Environmental Protection
ATTN: Office of Ombudsman and Public Services
Public Records Request
3900 Commonwealth Boulevard, MS 49 00
Tallahassee, Florida 32399
0
U
E
Contract No.ES008
Packet Pg. 1176
M.1.b
State of Florida
Department of Environmental Protection
Price Sheet
On the Hook Marine Services LLC 0
Attachment 5
0
4-
CL
The Contractor's fixed price per pumpout is an all-inclusive rate to provide the services as specified in the
Scope of Work. The Contractor will be paid for services actually rendered.
INITIAL CONTRACT TERM
Service Area Fixed Price o
(Per pumpout)
Key West $ 52.00 -
Stock Island $ 52.00 >
0
Lower Keys $ 70.00 CL
CL
Islamorada $ 52.00
Key Largo $ 52.00 U
U)
0
c2
RENEWAL CONTRACT TERM
Service Area Fixed Price
(Per pumpout)
0
0
Key West $ 53.50
Stock Island $ 53.50
Lower Keys $ 72.50 0
Islamorada $ 53.50
Key Largo $ 53.50 CN
cN
CL
00
c�
0
U
E
c�
Contract No.ES008
Packet Pg. 1177
M.1.b
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
General Contract Conditions-PUR 1000
EXHIBIT A
0
Contents
0
1. Definitions.
2. Purchase Orders.
3. Product Version.
4. Price Changes Applicable only to Term Contracts.
5. Additional Quantities.
6. Packaging.
a�
7. Inspection at Contractor's Site.
8. Safety Standards. �y
9. Americans with Disabilities Act.
10. Literature.
c�
11. Transportation and Delivery.
12. Installation.
13. Risk of Loss.
14. Transaction Fee. 0
15. Invoicing and Payment.
16. Taxes. 0
17. Governmental Restrictions. CL
18. Lobbying and Integrity. <
19. Indemnification. U
20. Limitation of Liability.
21. Suspension of Work. U)
22. Termination for Convenience.
c�
23. Termination for Cause.
24. Force Majeure,Notice of Delay,and No Damages for Delay.
25. Changes.
26. Renewal.
27. Purchase Order Duration.
28. Advertising.
0
29. Assignment. 0
30. Antitrust Assignment
31. Dispute Resolution.
32. Employees,Subcontractors,and Agents.
33. Security and Confidentiality.
34. Contractor Employees, Subcontractors,and Other Agents.
35. Insurance Requirements. �
36. Warranty of Authority. Q
37. Warranty of Ability to Perform.
38. Notices.
39. Leases and Installment Purchases.
40. Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE). 4-
00
41. Products Available from the Blind or Other Handicapped.
42. Modification of Terms.
43. Cooperative Purchasing.
c�
44. Waiver. �
45. Annual Appropriations.
46. Execution in Counterparts. 0
47. Severability. U
c�
Contract No.ES008
Packet Pg. 1178
M.1.b
1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are
also defined:
(a) "Contract"means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will
be the Customer and Contractor.
0
(b) "Customer"means the State agency or other entity identified in a contract as the party to receive commodities or contractual 2
services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual 0
instrument from the Contractor under the Contract. The"Customer"may also be the"Buyer"as defined in the PUR 1001 if it
meets the definition of both terms.
(c) "Product"means any deliverable under the Contract,which may include commodities,services,technology or software. 3:
(d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written
purchase order,electronic purchase order,procurement card,contract or other authorized means).
2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall
not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contractor solicitation
number,shall be placed by the Customer directly with the Contractor,and shall be deemed to incorporate by reference the Contract 2
and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order
form,confirmation,or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for E
services within the ambit of section 287.058(1)of the Florida Statutes shall be deemed to incorporate by reference the requirements 6
of subparagraphs(a)through(f)thereof. Customers shall designate a contract manager and a contract administrator as required by ra
subsections 287.057(15)and(16)of the Florida Statutes. 0
C,
3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the CL
product at the time of the order,unless the Customer specifically requests in writing an earlier model or version and the contractor L)
is willing to provide such model or version.
U)
4. Price Changes Applicable only to Term Contracts.If this is a term contract for commodities or services,the following provisions 0
apply.
a�
(a) Quantity Discounts.Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers a�
should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State
Customers shall document their files accordingly.
(b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for 0
substantially the same or a smaller quantity of a product outside the Contract,but upon the same or similar terms of the Contract, M
then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price.
(c) Sales Promotions.In addition to decreasing prices for the balance of the Contract term due to a change in market conditions,a
Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit Q
to the Contract Specialist documentation identifying the proposed(1) starting and ending dates of the promotion, (2)products 2
involved, and (3) promotional prices compared to then-authorized prices. Promotional prices shall be available to all Q
Customers. Upon approval,the Contractor shall provide conspicuous notice of the promotion. CL
(d) Trade-In.Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between
the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, 0
and to keep accurate records of the process. For State agencies,it may be necessary to provide documentation to the Department 22
of Financial Services and to the agency property custodian pursuant to Chapter 273,F.S.
w
(e) Equitable Adjustment.The Customer may,in its sole discretion,make an equitable adjustment in the Contract terms or pricing
if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace,that is,by circumstances
that satisfy all the following criteria:(1)the volatility is due to causes wholly beyond the Contractor's control,(2)the volatility 0
affects the marketplace or industry,not just the articular Contract source of supply, 3 the effect on pricing or availability of t)
� n', J p pp y (-) p g y
supply is substantial,and(4)the volatility so affects the Contractor that continued performance of the Contract would result in
a substantial loss.
c�
Contract No.ES008
Packet Pg. 1179
M.1.b
5. Additional Quantities.For a period not exceeding ninety(90)days from the date of solicitation award,the Customer reserves the
right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two
at the prices submitted in the response to the solicitation.
6. Packaging. Tangible product shall be securely and properly Packed for shipment, storage, and stocking in appropriate, clearly
labeled, shipping containers and according to accepted commercial practice,without extra charge for packing materials, cases,or 0
other types of containers. All containers and packaging shall become and remain Customer's property. L_
0
4-
7. Inspection at Contractor's Site.The Customer reserves the right to inspect,at any reasonable time with prior notice,the equipment
or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they a
are adequate and suitable for proper and effective Contract performance.
8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure,operation by connection
to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and
approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires,at a minimum,identification 0)
marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of
device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels;the Underwriters
Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas
Association for gas-operated assemblies. In addition,all items furnished shall meet all applicable requirements of the Occupational 2
Safety and Health Act and state and federal requirements relating to clean air and water pollution.
E
9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually,hearing, 65
or other physically impaired individuals.
0
10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user
manuals,price schedules,catalogs,descriptive brochures,etc.
11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. J
Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A U)
Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. 0)
Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension.
a�
12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required a)
locations at no additional charge,unless otherwise designated on the Contract or purchase order. Contractor's authorized product ,
and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be
of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally
unsound. Installation includes the furnishing of any equipment,rigging,and materials required to install or replace the product in 00
the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by X
Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the E
Contractor shall promptly restore the structure or site to its original condition. Contractor shall perform installation work so as to
cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion 0
of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with Q
everything in satisfactory repair and order.
Q
13. Risk of Loss. Matters of inspection and acceptance are addressed in s.215.422,F.S. Until acceptance,risk of loss or damage shall 0-
remain with the Contractor. The Contractor shall be responsible for filing,processing,and collecting all damage claims. To assist
the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering
carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's
Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises ES
within ten days after notification or rejection. Upon rejection notification,the risk of loss of rejected or non-conforming product en
shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by
the Contractor,and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer
for costs and expenses incurred in storing or effecting removal or disposition of rejected product.
0
14. Transaction Fee. The State of Florida has instituted MyFloridaMarketP lace, a statewide eProcurement System ("System"). U
Pursuant to section 287.057(23),Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent(1.0%),
which the Contractor shall pay to the State,unless exempt pursuant to 60A-1.032,F.A.C.
c�
For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be
automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the <
Contract No.ES008
Packet Pg. 1180
M.1.b
Transaction Fee pursuant to Rule 60A-1.031(2),F.A.C. By submission of these reports and corresponding payments, Contractor
certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee.
Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s)if such item(s)are
returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee
is non-refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with 0
specifications or requirements of the agreement.
0
Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering
reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING
TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT
SERVICES'VENDOR LIST AS PROVIDED IN RULE 60A-1.006,F.A.C.
15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate
vendor identification number. The State may require any other information from the Contractor that the State deems necessary to 0
verify any purchase order placed under the Contract. �y
At the State's option,Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management 76
Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions 2
processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network(ASN)
in one of the following mechanisms—EDI 810,cXML,or web-based invoice entry within the ASN.
4-
0
Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for 76
payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. p
Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The
Customer is responsible for all payments under the Contract. A Customer's failure to pay,or delay in payment,shall not constitute <
a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. U
16. Taxes.The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not U)
pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this
paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract
or purchase order.
17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration
of the material,quality,workmanship or performance of the products offered under the Contract,the Contractor shall immediately
notify the Customer in writing,indicating the specific restriction. The Customer reserves the right and the complete discretion to
accept any such alteration or to cancel the Contract at no further expense to the Customer. 0
X
18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor a
shall not, in connection with this or any other agreement with the State, directly or indirectly (1)offer, confer, or agree to confer
any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, O
other exercise of discretion, or violation of a known legal duty,or 2 offer, give,or agree to give to anyone any gratuity for the Q
benefit of,or at the direction or request of,any State officer or employee. For purposes of clause(2),"gratuity"means any payment �
of more than nominal monetary value in the form of cash,travel,entertainment,gifts,meals,lodging,loans,subscriptions,advances, cD
deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other
authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the
Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or
financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such 0
records for the longer of(1) three years after the expiration of the Contract or (2) the period required by the General Records 22
Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.corn/librag-archives/records-
manae ement/general-records-schedules). The Contractor agrees to reimburse the State for the reasonable costs of investigation W
incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms
of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor.
Such costs shall include,but shall not be limited to: salaries of investigators,including overtime;travel and lodging expenses; and t0
expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in
the Contractor's suspension or debarment.
a�
19. Indemnification. The Contractor shall be fully liable for the actions of its agents,employees,partners,or subcontractors and shall cu
fully indemnify,defend,and hold harmless the State and Customers,and their officers,agents,and employees,from suits,actions,
damages,and costs of every name and description,including attorneys' fees,arising from or relating to personal injury and damage
Contract No.ES008
Packet Pg. 1181
M.1.b
to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or
subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately
caused by the negligent act or omission of the State or a Customer.
Further,the Contractor shall fully indemnify,defend,and hold harmless the State and Customers from any suits,actions,damages,
and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a 0
trademark,copyright,patent,trade secret or intellectual property right,provided,however,that the foregoing obligation shall not 2
apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products ,0-
in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit,or in the w
Contractor's opinion is likely to become the subject of such a suit,the Contractor may at its sole expense procure for the Customer
the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify
or otherwise secure the Customer the right to continue using the product,the Contractor shall remove the product and refund the
Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties.
a�
The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or 0
Customer giving the Contractor(1)written notice of any action or threatened action, (2)the opportunity to take over and settle or "M
defend any such action at Contractor's sole expense, and(3)assistance in defending the action at Contractor's sole expense. The <
Contractor shall not be liable for any cost, expense,or compromise incurred or made by the State or Customer in any legal action
without the Contractor's prior written consent,which shall not be unreasonably withheld.
20. Limitation of Liability.For all claims against the Contractor under any contract or purchase order,and regardless of the basis on
which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the 6
greater of$100,000,the dollar amount of the contract or purchase order,or two times the charges rendered by the Contractor under 76
the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. 0
Unless otherwise specifically enumerated in the Contract or in the purchase order,no party shall be liable to another for special, �
indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the U
Contractor to back-up data or records),even if the party has been advised that such damages are possible. No party shall be liable
for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies U)
available to them at law or equity and upon notice to the Contractor,retain such monies from amounts due Contractor as may be
necessary to satisfy any claim for damages,penalties, costs and the like asserted by or against them. The State may set off any
liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract
with the State. a�
E
L_21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order,
at any time,when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the
particulars of suspension. Examples of the reason for suspension include,but are not limited to,budgetary constraints,declaration 0
of emergency, or other such circumstances. After receiving a suspension notice,the Contractor shall comply with the notice and
shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall a
either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or
purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 0
22. Termination for Convenience. The Customer,by written notice to the Contractor,may terminate the Contract in whole or in part �
when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any cD
product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. cCL
L
The Contractor shall not be entitled to recover any cancellation charges or lost profits.
23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to(1)deliver the product within the time 4-
specified in the Contract or any extension,(2)maintain adequate progress,thus endangering performance of the Contract,(3)honor CMD
any term of the Contract,or(4) abide by any statutory,regulatory,or licensing requirement. Rule 60A-1.006(3),F.A.C.,governs en
the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults
of subcontractors at any tier,the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from
events completely beyond the control,and without the fault or negligence,of the Contractor. If the failure to perform is caused by
the default of a subcontractor at any tier,and if the cause of the default is completely beyond the control of both the Contractor and t0
the subcontractor,and without the fault or negligence of either,the Contractor shall not be liable for any excess costs for failure to
perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the
required delivery schedule. If, after termination, it is determined that the Contractor was not in default, or that the default was
excusable,the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the
Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law
or under the Contract.
Contract No.ES008
Packet Pg. 1182
M.1.b
24. Force Majeure,Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from
its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and
the delay is due directly to acts of God,wars,acts of public enemies,strikes,fires,floods,or other similar cause wholly beyond the
Contractor's control,or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available
to the Contractor. In case of any delay the Contractor believes is excusable,the Contractor shall notify the Customer in writing of 0
the delay or potential delay and describe the cause of the delay either(1)within ten(10)days after the cause that creates or will
create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or(2) if delay is not ,0-
reasonably foreseeable,within five(5)days after the date the Contractor first had reason to believe that a delay could result. THE 0-
FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO
DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages,
other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in ,
the Contract price or payment of any kind from the Customer for direct,indirect,consequential,impact or other costs,expenses or
damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or
hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes
described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the '0-
Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to <
Customers,in which case the Customer may(1) accept allocated performance or deliveries from the Contractor,provided that the
Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or(2)purchase from other
sources(without recourse to and by the Contractor for the related costs and expenses)to replace all or part of the products that are LE
the subject of the delay,which purchases may be deducted from the Contract quantity,or(3)terminate the Contract in whole or in E
part. 0
25. Changes. The Customer may unilaterally require,by written order, changes altering, adding to, or deducting from the Contract
specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable CL
adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments
require the written consent of the Contractor,which shall not be unreasonably withheld. If unusual quantity requirements arise,the U
Customer may solicit separate bids to satisfy them.
U)
26. Renewal.Upon mutual agreement,the Customer and the Contractor may renew the Contract,in whole or in part,for a period that 0
may not exceed 3 years or the term of the contract,whichever period is longer. Any renewal shall specify the renewal price, as set
forth in the solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory
performance evaluations and subject to availability of funds. 0
E
L
27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor
no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those
orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business 0
on the last day of the state term or agency contract's term shall be considered void.
0
Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the
performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single
delivery/performance,and shall survive the termination of the Contract.
C14
Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such Q
extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for cCL
L
delivery 30 days after receipt of order(ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after U_
expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing
notifies the ordering office within ten(10)calendar days of receipt of the purchase order that Contractor will not accept the extended 0
delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the 22
ordering entity within ten(10)calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule,
or it shall be considered withdrawn.
c�
The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration
of the state term or agency contract by more than twelve months. However,if an extended pricing plan offered in the state term or t0
agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum
duration of purchase orders reflecting such pricing plans and renewals.
Timely purchase orders shall be valid through their specified term and performance by the Contractor,and all terms and conditions
of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the
termination of the Contract.
Contract No.ES008
Packet Pg. 1183
M.1.b
Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract
expires prior to the effective date of the renewal.
28. Advertising. Subject to Chapter 119, Florida Statutes,the Contractor shall not publicly disseminate any information concerning
the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press 0
release or other promotional material, identifying the Customer or the State as a reference, or otherwise linking the Contractor's
name and either a description of the Contract or the name of the State or the Customer in any material published,either in print or ,0-
electronically,to any entity that is not a parry to Contract, except potential or actual authorized distributors, dealers,resellers, or 0-
service representative.
29. Assignment.The Contractor shall not sell,assign or transfer any of its rights,duties or obligations under the Contract,or under any
purchase order issued pursuant to the Contract,without the prior written consent of the Customer.In the event of any assignment,
the Contractor remains secondarily liable for performance of the contract,unless the Customer expressly waives such secondary
liability.The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 0
30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice,overcharges resulting
from antitrust violations are in fact usually borne by the State of Florida. Therefore,the contractor hereby assigns to the State of
Florida any and all claims for such overcharges as to goods,materials or services purchased in connection with the Contract. 2
31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract
manager,who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive 65
unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative 76
hearing. The Customer's decision on the petition shall be final,subject to the Contractor's right to review pursuant to Chapter 120 0
of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to CL
pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution
procedures outlined in Chapter 120. U
Without limiting the foregoing,the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall U)
be the appropriate state court in Leon County,Florida; in any such action,Florida law shall apply and the parties waive any right 0)
to jury trial.
a�
32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the a�
Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor ,
shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors,or agents performing
work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all
controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the 00
Contractor shall cooperate in,a security background check or otherwise assess any employee,subcontractor,or agent furnished by M
the Contractor. The State may refuse access to,or require replacement of, any personnel for cause, including,but not limited to,
technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or
other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the O
Contract. The State may reject and bar from any facility for cause any of the Contractor's employees,subcontractors,or agents. Q
C14
33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States,State of Florida Q
and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained 0-
by the Contractor or its agents, distributors,resellers, subcontractors, officers or employees in the course of performing Contract U_
work,including,but not limited to,security procedures,business operations information,or commercial proprietary information in L_
the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is 4-
publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the 22
State's or Customer's confidential information,or material that is otherwise obtainable under State law as a public record. To insure en
confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this
paragraph shall survive the Contract.
34. Contractor Employees,Subcontractors,and Other Agents.The Customer and the State shall take all actions necessary to ensure t0
that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include,but
are not limited to, ensuring that Contractor's employees, subcontractors,and other agents receive benefits and necessary insurance
(health,workers'compensations,and unemployment)from an employer other than the State of Florida.
c�
35. Insurance Requirements. During the Contract term,the Contractor at its sole expense shall provide commercial insurance of such a
type and with such terms and limits as maybe reasonably associated with the Contract. Providing and maintaining adequate insurance <
Contract No.ES008
Packet Pg. 1184
M.1.b
coverage is a material obligation of the Contractor. Upon request,the Contractor shall provide certificate of insurance. The limits of
coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations
under the Contract.All insurance policies shall be through insurers authorized or eligible to write policies in Florida.
36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the
respective parry to the Contract. 0
37. Warranty of Ability to Perform. The Contractor warrants that,to the best of its knowledge,there is no pending or threatened 0
action,proceeding,or investigation,or any other legal or financial condition,that would in any way prohibit,restrain,or diminish
the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on a
the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes,or on any similar list maintained by any
other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is
compromised in any manner during the term of the Contract.
38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air 0
courier service,or by personal delivery to the agency designee identified in the original solicitation, or as otherwise identified by �
the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may
notify the other,in writing,if someone else is designated to receive notice.
c�
39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer(as defined in Section 17.001,F.S.)is required
for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount E
established by section 287.017 of the Florida Statutes. 0
40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following 0-
statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or
required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes
(PRIDE)in the same manner and under the same procedures set forth in section 946.515(2)and(4)of the Florida Statutes; and for U
purposes of the Contract the person,firm,or other business entity carrying out the provisions of the Contract shall be deemed to be ®a
substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the U)
products it offers is available at http://www.pridefl.com. 0
2.1
41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be 0
included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of,or required to carry out, a�
this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to
Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(1) and(2), Florida
Statutes; and for purposes of this contract the person,firm,or other business entity carrying out the provisions of this contract shall
be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional 00
information about the designated nonprofit agency and the products it offers is available at 1-ittp-://www.resp�gctoffloridl.o . X
0
42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties,which terms and conditions
shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon
mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon Q
the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be 2
valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional Q
terms to product upon delivery (e.g.,attachment or inclusion of standard preprinted forms,product literature,"shrink wrap"terms CL
accompanying or affixed to a product,whether written or electronic)or by incorporating such terms onto the Contractor's order or
fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of
documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed
00
modification to terms and conditions.
43. Cooperative Purchasing.Pursuant to their own governing laws,and subject to the agreement of the Contractor,other entities may W
be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the
agreement between Customer and Contractor,and Customer shall not be a parry to any transaction between the Contractor and any
other purchaser. 0
U
4i
State agencies wishing to make purchases from this agreement are required to follow the provisions of s.287.042(16)(a),F.S.This
statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and
in the best interest of the State.
Contract No.ES008
Packet Pg. 1185
M.1.b
44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be
deemed a waiver of the Customer's right thereafter to enforce those rights,nor shall any single or partial exercise of any such right
preclude any other or further exercise thereof or the exercise of any other right.
45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual
appropriation by the Legislature. 0
L-
46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which 0
shall constitute but one and the same instrument. 0-
47. Severability. If a court deems any provision of the Contract void or unenforceable,that provision shall be enforced only to the
extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect.
0
c�
E
4-
0
0
Cl
Cl
U
U)
0)
c2
0
0
0
c°14
c14
c14
CL
00
c�
0
U
E
c�
Contract No.ES008
Packet Pg. 1186
je30jJ04Uj 10 f noadd ) -1-1 saoimaS auijeW3100H 044O O J01 800S3e4u0 WOW43 n.
a co
T
T � T
OTHER NON-PROFIT d
o �
w 51%OR MORE MINORITY
O COMMUNITY SERVED v
51%OR MORE MINORITY o 0.
U O OFFICERS
BOARD IS 5 1%OR MORE a�
MINORITY
U A SERVICE-DISABLED VETERAN
o W AMERICAN WOMAN
WA NATIVE AMERICAN
UASIAN/HAWAIIAN
•� A Q HISPANIC
W A AFRICAN AMERICAN
O M w SERVICE-DISABLED VETERAN Q
AMERICAN WOMAN o
w W NATIVE AMERICAN
Q
0
c p ASIAN/HAWAIIAN
.4 t c w U HISPANIC 142
2
A H o V AFRICAN AMERICAN
94 � . w
O w o e �� P.RRLD.E.
wA O NON-PROFIT ORGANIZATION
O g4 ~ ;� 3 F+ v'
o W U GOVERNMENTAL AGENCY
n SMALL BUSINESS(FEDERAL)
O c o N U SMALL BUSINESS(STATE)
W NON-MINORITY u
F-� ;
� o �- F � 0w
� dUV � A U
� F+
'cn aa � H
� � M
CFy CC CC)cn
iU�r
cn
= w w
cn
�1 �
� cncn
Q A F U
O �
U o w �3 Z � O w
o ova Z wUAp. UIn
w
� ., U o
o o W a
A U �
State of Florida
Department of Environmental Protection
0
Pumpout Service Area Map
0
CL
Exhibit F w
Remainder of page intentionally left blank-
E
4-
0
0
CL
CL
u
U)
0
.2
0
0
X
0
w
C14
C14
Q
C14
CL
U-
0
00
Q
Q
(n
w
cu
0
u
E
Contract No.ES008
Packet Pg. 1188
IeOOIA04UI 10 f noadd ) -1-1 saoimaS auijeW3100H 04490O O JOI SOOS3e4uOD WOW43eW rn
co
r � r
i a
Vhe
m
C� a
70 �
cn z
i Y � N
d o J o
O G� v� 0 o
Q v — Y J cn
w
oc,
L
Q
V
O
0
0
W
0
z
U
H
O
U
IeOOIA04UI 10 f noadd ) -1-1 SOOIAJOS OUIJeW3100H 04490O O JOI SOOS33 a uO WOWWe44CL
� ('J1 y,//T of/��'% /. fJ'!'/ / /rr//r'G%%✓%J///io//� r//r r% I,� � � I rv� im w�,�*w„r .I. �
Iu U'r�
■� e
' z
r
f
o uiml
III,�O V
�� VVVo ° iwWII
v
O �� N2 iiiiiJ�i �I II YV'rl{ul IIIfSm, � 3 � Q:
I III Y
, �u Iq„�IIIIIIIIIII
i
r rry ' ,�71gV� ls)��%�J���ll���li��� H/�%�r� �������������� f'�/ %k�» ry��� ,1„ � ,o ,' rN,,; � ,�"✓
r
a
I
o,
r
r
t fr
IeOOIA04UI 10 f noadd ) -1-1 SOOIAJOS OUIJeW3100H 04490O O JOI SOOS33 a uO o OWW 4-0
IN �
i
u�
frr 4 �
e
u
i
e / � f
f
i
r
i
mi
a
r
f� fig
1,
f OOIA04UI 10 f noadd ) -1-1 SOOIAJOS OUIJeW3100H 044UO 90O O JOI SOOS3M41IJOD WOW43 c*4
CL
ri, I CL
LIII
i
f CIO
% M
r
fi
/
Il i Ilf'
rii
r
y
%� ✓��%/ref � '
I
I �
� h r V
ii I � ;�l/yam, ,�; ��➢ �y / �/ '�f � � ���//%�i,;% ��
/
/
r,
/,.. ✓w/ ��10%rid/i/� ,/ w� /, /w �i,,�I /r,, w r,,
r
r,
IeOOIA04UI 10 f noadd ) -1-1 SOOIAJOS OUIJeW3100H 04490O O JOI SOOS33 a uO WOWWe44
cn
1
0
�U
»; r
p
0.
l;
r,
i
ar
s
4UI 10 f noadd ) -1-1 SOOIAJOS OUIAeWMOOH 04490O O JOI SOOS3e4uOD WOW43e44V v
CL
a
I
IMF
IIIIIIIII
n
(A
4.0
SIN f'
J O I
i
/
I
f
V
r
I
/
w «
II
/
/
1 /
I
I
f /
r
f /
/
„
,o
/
1
o ,1f
f
/
r
r
Y
1f
/
� u/
/ oe i
i
/ w
/
1 /
/
f
/ >
l
r
io i t/
,
/
L / /
/
f
/ I
,
/
/
/
1
r
%r
%//� ;/caFl� '��I��(�4S1�fV�VI�iiIm,IM➢�° Imflil m � i Pr(�l11�{{� '
f �OIA04UI 10 f noadd ) -1-1 SOOIAJOS OUIJeWMOOH 044UO 90O O JOI SOOS3e4uOD WOWWe44 �
0.
l � �/' rp ✓ v h r�;
i
7 �
1
min
ti111N E
UZI-
4.0
rr �(
y.
w
fit`III II ' i
r
O
L
J
tJ �
f �OIA04UI 10 f noadd ) -1-1 SOOIAJOS OUIJeWMOOH 044UO 90O O JOI SOOS3e4uOD WOW43e44V cc
a
d
cn
4.0
M I
0
0.
0
...........
v
e
J
f �OIA04UI 10 f noadd ) -1-1 SOOIAJOS OUIJeWMOOH 044UO 90O O JOI SOOS3e4uO WOW43 r-
r
r„ d
L R
Q
Cl)
4.0
m
O
0.
E0
tlhiiVl�
u �
J f/ffff%��
lff f/
off�f f/f J
fi
� f
f
M.1.b
State of Florida
Department of Environmental Protection
Sample Daily Pumpout Log
as
Exhibit G
0
0
DAILY PUMPOUT LOG DATE PAGE OF CL
CAPTAIN MATE(S) CAPTAIN'S SIGNATURE
a
TIME IN TIME OUT TOTAL HOURS
as
E
as
LOCATION VESSEL VESSEL NAME IN/OUT GALLONS NOTES '
REG # OF STATE PUMPED
VESSEL
1 IN / OUT
2 IN / OUT
3 IN / OUT
4 IN / OUT
0
5 IN / OUT CL
CL
6 IN / OUT
7 IN / OUT
8 1 IN / OUT
�s
9 IN / OUT
10 IN / OUT as
as
11 IN / OUT E
a
12 IN / OUT
13 IN / OUT
0
14 IN / OUT as
15 IN / OUT
16 IN / OUT
17 IN / OUT
04
04
18 IN / OUT CD
CL
19 IN / OUT
20 IN / OUT
0
21 IN / OUT 00
CD
CD
22 IN / OUT
23 IN / OUT i
24 IN / OUT
0
25 IN / OUT
TOTAL: PUMPS* IN-STATE OUT-OF-STATE GALLONS OFFLOADED**
OFFLOADING LOCATION:
*Pumpouts with zero gallons (i.e. where no sewage was collected)shall not be included in Total Pumps.
**Gallons Offloaded shall be based on flow meter data during offloading, not estimated collected gallons per vessel.
Contract No.ES008
Packet Pg. 1198
State of Florida
Department of Environmental Protection
Mobile Vessel Pumpout Service
Sample Registration Form 0
0
Exhibit H 0-
w
Remainder of page intentionally left blank
E
76
4-
0
76
0
CL
CL
u
U)
0
.2
0
0
X
0
w
CN
CN
Q
CN
CL
U-
0
00
Q
Q
(n
w
0
u
E
Contract No.ES008
Packet Pg. 1199
M.1.b
Mobile Vessel Pumpout Service
SAMPLE REGISTRATION FORM
Registration Information: 0
Please complete the following required information to request temporary mobile vessel pumpout services
provided by the Contractor on behalf of the Department of Environmental Protection. Services are anticipated 0
to be provided from through . Services will be available to anchored vessels in the following
anchorages: Little Basin, Big Basin, Windley/Wilson Key, Windley/OV Basin, Community Harbor, Buttonwood
Sound, Tarpon Basin and Jewfish Creek, Sugarloaf Sound, Niles Channel, Newfound Harbor, Koehn Basin,
Wisteria, Fleming Key, Cow Key (North), Cow Key (South), Boca Chica Basin..
Registered Vessels Information:
Once an application is received, your vessel will be registered for service. Upon first service, a monthly
endorsement sticker will be placed on the vessel and you will be provided an orange pumpout flag to be flown
76
when service is requested. This flag shall be flown from a visible location aboard the vessel. Service will be u
provided only when the pumpout flag is properly displayed. For each new month of service thereafter, a new
endorsement sticker will be placed on the vessel. This sticker shall serve as documentation for compliance with
the Monroe County Proof of Pumpout Ordinance 015-2017. 0
76
A weekly service schedule will be made available at Contractor's link . Every effort will be made to provide
0
your vessel with a routine, weekly pumpout service if requested. However, weather, safety or other scheduling
considerations cannot guarantee that you will be provided service on a routine schedule. Shoreside pumpout !S
stations are also available throughout Monroe County. A list of available shoreside facilities can be found at L)
TBD.
U)
0
For more info, please contact or
First Name Last Name:
Mailing Address,
City, State, Zip 0
Email Address (optional) Phone
C4
Contact Name (if different from above) Contact Phone (if different from above) cN
cN
Are you a Monroe ❑ Yes Vessel Registration Number 0
County Resident? ❑ No (or USCG Documentation Number) 00
Registration: ❑ In-State
❑ Out-of-State
Vessel Make/Model:
❑ Sail Vessel 0
Vessel Type:
❑ Power Length:
Vessel Name: E
(If none, enter "No Name")
Contract No.ES008
Packet Pg. 1200
M.1.b
Holding Tank Capacity: Waste Outlet Location: ❑ Starboard
(Gallons) ❑ Port
Vessel Location/Anchorage*: GPS Latitude (if known): GPS Longitude (if known):
❑ Little Basin ❑ Sugarloaf Sound Format DMS (e.g. 24°34'18.07" N) DMS Format(e.g. 81°48'38.75"W )
❑ Big Basin ❑ Niles Channel
❑ Windley/Wilson Key ❑ Newfound Harbor 0
❑ Windley/OV Basin ❑ Little Basin Detailed Location Description:
❑ Community Harbor ❑ Wisteria
❑ Buttonwood Sound ❑ Fleming Key
❑ Tarpon Basin ❑ Cow Key N ❑ S ❑
❑ Jewfish Creek ❑ Boca Chica Basin
*NOTE:only vessels anchored in these locations
will be considered for pumpout service at this time
❑ Year Round Local Liveaboard
❑ Only Once ❑ Seasonal Local Liveaboard
anticipate
❑ Weekly ❑ Transient Cruiser
needing service: Vessel Use:
❑ Bi-Weekly ❑ Recreational Use/Non Liveaboard
❑ Monthly ElCommercial Use 0
76
ElOther- Please specify: >
0
Special Notes/Additional Information:
U
U)
2
Registration Acknowledgment:
• 1 understand that it is my responsibility to ensure this vessel and all waste valves are in the proper position for waste
collection.
• 1 understand that I will not receive mobile pumpout service unless I display the orange pumpout flag indicating a request
for pumpout services.
• 1 understand that weather and other scheduling and health or safety considerations may impact receiving pumpout 0
services.
• 1 understand that the Department of Environmental Protection, Monroe County and Contractor will not for any reason in
connection with or in relation to the provision of the service be responsible or liable for any damages including but not
limited to vessel defects or improper installation of holding tank systems.
• I understand that the Department of Environmental Protection, Monroe County and Contractor's services personnel may
need to board this vessel, if necessary, to perform the service. CN
• Service will not be provided to a vessel that does not have sewage to be pumped, and I will not receive a monthly Q
CN
endorsement sticker if services have not been provided.
• Service may be denied for any reason including but not limited to if the vessel is not properly equipped to provide for a
safe, secure pumpout as determined by the pumpout vessel operator.
• By executing this Registration Form, I attest that I am legally authorized to authorize provision of the service by the 00
Department of Environmental Protection, Monroe County and Contractor , and that I assume all liability, and shall
indemnify and hold harmless the Department of Environmental Protection, Monroe County and Contractor for the LO
provision of the service pursuant to their reliance upon the truth and accuracy of this executed Registration Form. c�
• 1 understand the above terms, and authorize Department of Environmental Protection, Monroe County and Contractor's
personnel to perform pumpout services aboard my vessel.
0
U
Signature Date mm/dd/yyyy E
c�
Contract No.ES008
Packet Pg. 1201
M.1.b
State of Florida
Department of Environmental Protection
Service Records and Maps
Exhibit I o
0
Primary Anchorages in the Florida Keys
with Number and Location of Anchored Vessels receiving Mobile Vessel Pumpout Service
6-16-2020
Overview
The Monroe County Mobile Vessel Pumpout Service is provided to vessel owners throughout the Florida
Keys as a means of reducing or eliminating the adverse environmental impacts associated with the illegal
discharge of sewage into the federally designated No-Discharge Zone. The Service's first priority is
providing service to anchored-out vessels.
This report provides information on the number and locations of anchored-out vessels that currently receive
4-
pumpout service by Monroe County's Contractor. In addition, nearby shoreside pumpout facilities o
(including current cost per pumpout-subject to change without notice) are provided on the following maps
for reference. C,
CL
This report is based on best available data from pumpout logs for the month of June 2019. This period is U
considered"off-season" for vessels at anchor. Therefore, these numbers are conservative and anticipated to
be higher during the winter months when activity is greater. U)
2
2.1
Number of Proximity to
LO
Region (Service Area) Primary Anchorages Anchored Nearest Shoreside �
Vessels Pumpout Facility
Serviced (in miles)*
Wisteria 42 2 0
Fleming Key 55 1 0
Lower Keys Cow Key(North) 10 <1
(Key West to Stock Island) Cow Key(South) 12 2
Boca Chica Basin 20 4
SUBTOTAL 139
N
Sugarloaf Sound 5 22 N
Lower Keys Niles Channel 2 14 c-
(Sugarloaf to Big Pine Key) Newfound Harbor 9 14
Koehn Basin 2 8 0
SUBTOTAL 18 00
Middle Keys N/A N/A N/A
LO
Little Basin 4 <1 W
Big Basin 4 <1
Windley (Wilson Key) 3 4
Windley (OV Basin) 6 3 U
Upper Keys Community Harbor 9 <1
Buttonwood Sound 3 10 E
Tarpon Basin 5 5 0
Jewfish Creek 8 6
SUBTOTAL 42
* f vessel draft and mast height restrictions. Nearest facility may not be appropriate
Packet Pg. 1202
IeOOIA04UI 10 f noadd ) -1-1 saoimaS auijeW3100H 04490O O JOI SOOS3e4uOD WOW43eW m
,a o
N
T T
n.
Q�
J4
Ell
el
'��ii�/%f ��, " �� ����,yy ,,f,,,, �� rpf Y� d,"1 I7�j� �� ��� p�i I�N rr �n✓1
uy
I
d "
nn
w � �
eC
i
N �
y
Ills �,..,,�•,` (( �!
IP f °�qI
CN
00
�y O
W
O o
U
ly
Q
O
U
IeOOIA04UI 10 f noadd ) -1-1 saoimaS auijeW3100H 04490O O JOI SOOS3e4uOD WOW43eW v
,a o
N
T T
n.
Q�
U
�Gt m r M
P�
y 7 aa� lr
° 1
p l -
CA
o
jr
►M Y�� I �qq p'� p
wd
m
a w,
Frl �i imr
°V r,
i
� ru
n � d
F /�-
X
97 CU
o �I
U
ly
Q
O
U
IeOOIA04UI 10 f noadd ) -1-1 saoimaS auijeW3100H 04490O O JOI SOOS3e4uOD WOW43eW o
,a o
cm C
N
T T
n.
Q�
4x
ii
wM
ff o-
i
r% we!m
V
„w 1�
GA
fA'!
� rr
V U)
G/ SIN. a)
�lJl Oi y
Q >
0)
p
f
f�
Y�
AP
T
W •�1 � /f
r% ��y i
r
L�l
J
U
ly
Q
O
U
je3OjJ04Uj 10 f noadd ) -1-1 saoimaS auijeW3100H 04490O O aO 0 e4uO WOW43 to
,a o
N
T T
n.
Q�
" n.
ni
p
ff
r
u�
an cn
o > Ur �;
0
d a)
sue.
00
o �
Q
5
c �
•orvlllll ar as
w
U
ly
Q
O
U
M.1.b
Tavernier and Key Largo Anchorages
Iw 0
0-
Cr
esel �
1f f'' rr E
fiJ L35
4 4—
7 0
Buttmnwoc
(3 veels � 'r,,° ���!�+� 0
C.
CL
U
U)
a)
c�
,t
0
CommunityH �br
Q
c14
CL
0
� 1
00
r� Q
w
c�
0
U
c�
Contract No.ES008
Packet Pg. 1207