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Item J7
J7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting June 18, 2025 Agenda Item Number: J7 2023-4142 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner N/A AGENDA ITEM WORDING: Approval to Waive Competitive Solicitation Requirements in Accordance with the Monroe County Code and Purchasing Policy and to Award a Contract to On the Hook Marine Services LLC to Provide Monroe County with Temporary Mobile Pumpout Vessel Service(s) in the Not-to-Exceed Amount of$246,606.00 for a Term Commencing June 18, 2025, Through No Later Than September 30, 2025, while the State of Florida ("State"), through the Florida Department of Environmental Protection ("FDEP"), Continues to Seek Proposals for the State, Through FDEP, to Provide Keys-Wide Mobile Pumpout Service(s). ITEM BACKGROUND: The Florida Department of Environmental Protection ("FDEP") selected On the Hook Marine Services LLC ("On the Hook") as the highest scored and ranked proposer in response to a competitively solicited Request of Proposals ("RFP") for Mobile Vessel Pumpout Services for Monroe County. On or about November 23, 2021, FDEP entered into a contract with On the Hook to provide Mobile Vessel Pumpout Services in Monroe County, as described in Attachment 3 ("Scope of Work") to Contract ES008. The contract between FDEP and On the Hook is in effect until June 30, 2025. On or about June 12, 2024 the Florida Legislature enacted Chapter 2024-231, Laws of Florida (the "General Appropriations Act" or"GAA"), "providing moneys for the annual period beginning July 1, 2024, and ending June 30, 2025", which was approved by the Governor. The Florida Legislature awarded $650,000 to the FDEP Mobile Vessel Pumpout Services for Monroe County pursuant to Line Item No. 1843 from the GAA for FY 24-25. The $650,000 awarded to the FDEP Mobile Vessel Pumpout Services for Monroe County("FDEP's Monroe County Mobile Vessel Pumpout Program") will not fully fund the anticipated program costs for FY 24-25. Monroe County has budgeted Boating Improvement Funds (BIF) to fund this agreement to ensure that there is no interruption in services that are provided under the FDEP's Monroe County Mobile Vessel Pumpout Program. 1961 FDEP is in the process of competitively soliciting a new Request of Proposals ("RFP") for Mobile Vessel Pumpout Services for Monroe County but will not have a new contract in place prior to the June 30, 2025 contract expiration between FDEP and On the Hook. It is in the interest of the residents of and visitors to the County that a contract for mobile vessel pumpout services utilizing the pricing under the FDEP's competitively bid contract for substantially the same services be entered into with On the Hook for the provision of said services and activities from the time that the FY 24-25 Legislative allocation is exhausted until the effective date of a new contract issued by the Florida Department of Environmental Protection(FDEP) for the provision of services under this program, corresponding with the commencement of the State's new fiscal year and the allocation of FDEP program funding. A contract for Temporary Mobile Vessel Pumpout Services is provided for Board approval. PREVIOUS RELEVANT BOCC ACTION: September 2024 —Approval of Final Budget for Fiscal Year 2025 (Resolution 294-2024) INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: GPJ 6.9.25 - Risk approval subject to submission of current COI before BOCC meeting. GPJ to follow up with planning 6/20 if COI not previously received. STAFF RECOMMENDATION: Approval. DOCUMENTATION: On the Hook Pumpout Temp Service 2025 (Rev.).pdf FINANCIAL IMPACT: Effective Date: June 18, 2025 Expiration Date: September 30, 2025 Total Dollar Value of Contract: up to $246,606.00 Total Cost to County: up to $246,606.00 Current Year Portion: up to $246,606.00 Budgeted: Yes 1962 Source of Funds: County Boater Improvement Funds (Cost Center 62613) CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: n/a Revenue Producing: No If yes, amount: Grant: N/A County Match: N/A Insurance Required: Yes, will be provided upon contract approval Additional Details: 1963 CONTRACT BETWEEN MONROE COUNTY, FLORIDA and ON THE HOOK MARINE SERVICES, LLC for TEMPORARY MOBILE VESSEL PUMPOUT SERVICE THIS AGREEMENT is made and entered into this 181h day of June, 2025 between the Monroe County Board of County Commissioners (hereinafter"Board of County Commissioners", "BOCC", "Board", "Monroe County", or the"County") and On The Hook Marine Services, LLC, a Florida-registered and incorporated for-profit corporation (hereinafter "Contractor", "Consultant", or"On the Hook"). WHEREAS, the Florida Department of Environmental Protection (FDEP) currently operates the Mobile Vessel Pumpout Program in Monroe County; and WHEREAS, FDEP selected On the Hook as the highest scored and ranked proposer in response to their competitively solicited Request of Proposals ("RFP")for Mobile Vessel Pumpout Services for Monroe County i and entered into a contract on or about November 23, 2021 for Mobile Pumpout services, as more particularly described in Attachment 3 ("Scope of Work") to said contract by and between FDEP and On the Hook; and WHEREAS, the duration of the term of said contract by and between FDEP and On the Hook is in effect until June 30, 2025; and WHEREAS, on or about June 12, 2024, the Florida Legislature enacted Chapter 2024-231, Laws of Florida(the "General Appropriations Act" or"GAA"), "providing moneys for the annual period beginning July 1, 2024, and ending June 30, 2025", which was approved by the Governor; and WHEREAS, the Florida Legislature awarded $650,000 to the FDEP Mobile Vessel Pumpout Services for Monroe County pursuant to Line Item No. 1843 from the GAA for Fiscal Year (FY) 24-25; and WHEREAS, the $650,000 awarded to the FDEP Mobile Vessel Pumpout Services for Monroe County ("FDEP's Monroe County Mobile Vessel Pumpout Program") will not fully fund the anticipated program costs for FY 24-25; and WHEREAS, the FDEP is in the process of competitively soliciting a new Request of Proposals ("RFP") for Mobile Vessel Pumpout Services for Monroe County but will not have a new contract in place prior to the June 30, 2025 contract expiration between FDEP and on the Hook. WHEREAS, it has been determined that it is in the best interest of the residents of the County that a contract for temporary mobile vessel pumpout service (hereinafter"Service" / "service")be entered into with a private provider of such service(s); and Also known as"RFP 2022006". 1964 WHEREAS, Monroe County has Boater Improvement Funds (BIF) that can be utilize to fund this agreement to ensure that there is no interruption in services that are provided under the Mobile Vessel Pumpout Program in Monroe County; and WHEREAS, the Contractor specified herein desires to provide such service(s); and NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have entered into this Agreement(hereinafter"Agreement" or"Contract") as follows: WITNESSETH Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses,permits, or other authorizations necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties hereunder have been fully satisfied. 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as part of this Contract will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.4 The CONTRACTOR's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of Tasks expressly assigned by the COUNTY. In providing all services pursuant to this Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees of the COUNTY. As an independent contractor the CONTRACTOR shall provide independent,professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 1965 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring,promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. 1.1.7 The effective date of this Contract shall be June 18, 2025, following approval by the Monroe County Board of County Commissioners and execution by the Mayor. 1.1.8 Term of Contract. This Contract shall commence on June 18, 2025, and shall terminate on the earlier of: September 30, 2025; or If the following occurs sooner than September 30, 2025: The effective date of a new contract issued by the Florida Department of Environmental Protection (FDEP) for the provision of services under this program, corresponding with the commencement of the State's new fiscal year and the allocation of FDEP program funding, unless earlier terminated in accordance with the provisions of this Contract. Article 2.0 Scope of Services. The CONTRACTOR shall do,perform, and carry out in a professional and proper manner the Scope of Services described below. A detailed Scope of Services is attached as Exhibit A. The CONTRACTOR shall be the exclusive provider of mobile vessel pumpout services under this agreement for the County in the service area(s) specified in the attached Scope of Services and shall also coordinate with the County and with the Florida Fish and Wildlife Conservation Commission ("FWC") on providing and ensuring sewage pumpout compliance within the County. 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation,promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR. 2.2 Notice Requirement. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Contract shall be in writing and hand delivered or mailed,postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: To the COUNTY: Monroe County Board of County Commissioners Marine Resources Office Attn: Senior Administrator- Marine Resources 2798 Overseas Highway, Suite 410 Marathon, FL 33050 1966 With a Copy To: Monroe County Attorney's Office 1111 12th Street, Suite 408 Key West, FL 33040 For the CONTRACTOR: Quinn Webster On the Hook Marine Services LLC 930 Truman Avenue 475 Key West, FL 33040 However, if COUNTY requests a price quotation(s) from the CONTRACTOR the request and response thereto may be accomplished by electronic mail ("e-mail"). Selection of the CONTRACTOR by the COUNTY and the terms of the individual job may be accomplished by e-mail notification with a Task Order(D authorizing the work to be completed, and(Q signed by the COUNTY prior to the commencement of the work. Furthermore, a Notice of Termination may be accomplished by e-mail, but shall be immediately formalized in writing by the parry seeking to terminate and sent to the other party by certified mail, return receipt requested. Article 3.0 Amount of Compensation and Availability of Funds. 3.1 The CONTRACTOR shall not charge any fees to anchored-out vessels for the services rendered under this Agreement including, but not limited to, service fees and registration fees. In addition, all employees including pumpout vessel operators shall not accept any private compensation (including, but not limited to, tips) in connection with, or relation to,providing this service. The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as to providing mobile vessel pumpout service, shall pay to the CONTRACTOR the rates listed in Attachment 1, up to a maximum of$61,651.60 per month. 3.1.5. Total Not to Exceed Amount. The total not-to-exceed amount of compensation under this contract shall be no more than $246,606.00. Notwithstanding any other provision of this contract, or any other part,provision, or text thereof, the total not-to-exceed amount of compensation under this contract shall be no more than $246,606.00. 3.1.75. The Board shall not be obligated to pay for any services or goods provided by the CONTRACTOR after the CONTRACTOR has received written notice of termination. Payment under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 3.2 Payment. The County shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of authorized work. Payments (as described above)will be made monthly by the County to the CONTRACTOR. Conditions for payment are as follows: 1967 (A)At the end of each month, the CONTRACTOR shall provide an invoice acceptable to the Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of service(s) as described in the attached incorporated Scope of Services. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. (B)Consulting, lobbying,travel and lodging are specifically excluded from payment.Payment shall be made only for services provided (i.e., individual pump outs) and there are no reimbursable items. County funds — whether derived from boating improvement funds/monies, or derived from state or federal funding agreements/sources — cannot be used for lobbying or consulting. Construction of any putative ambiguity of this requirement shall be construed in favor of the Monroe County Board of County Commissioners. (C)CONTRACTOR's final invoice must be received within sixty (60) days after the termination or expiration of this contract. In addition, the CONTRACTOR shall provide monthly invoicing documentation, as described above. Invoicing shall be made within fifteen (15) calendar days of the end of each month. The payments under this agreement shall not exceed $61,651.60 per month. 3.3 Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. The request must describe in detail the services performed, the payment amount requested, and supporting documentation. Annually, the CONTRACTOR must furnish to the County the following (prior to the payment of any invoices, items LAI through M must be provided): LAI List of the CONTRACTOR's Board of Directors. For each board member please indicate when elected to serve and the length of term of service; if the CONTRACTOR is a sole proprietorship,provide name of owner(s) and duration of ownership; If a corporate entity or similar business organization, evidence of annual election of officers and directors; (C,) If a corporate entity, the entity's Articles of Incorporation and Bylaws; The entity's Policies and Procedures Manual, which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; (E,) Cooperation with County monitoring visits that the County may request during the contract year; and (F,) Other reasonable reports and information related to compliance with applicable laws, contract provisions, and the scope of services that the County may request during the contract year. 3.4 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the County's fiscal year(October 1 - September 30)by the COUNTY's Board of County 1968 Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation. The Budget shall not exceed $61,651.60 per month. Article 4.0 Renewal. The County shall have the option to renew this Agreement based on funding availability and in the discretion of the Monroe County Board of County Commissioners. Article 5.0 Contractor's License. The CONTRACTOR shall secure, maintain and pay for any permits and licenses necessary to operate pumpout vessels and associated equipment and infrastructure. It is the CONTRACTOR's responsibility to maintain all permits and licenses that may be required. By signature hereon, the CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The CONTRACTOR has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and hereby represents that it will at all times conduct its business activities in a reputable manner. Article 6.1.0 Insurance 6.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County from any and all increased expenses resulting from such delay. 6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate this Contract. 6.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 6.1.4 Delays in the commencement or completion of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 6.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. 1969 6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on the CONTRACTOR's Commercial General Liability and Business Automotive Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 6.1.7 All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 6.2.0 General Liability Insurance 6.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract (including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at his/her/its own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. The CONTRACTOR shall ensure that any and all sub-contractors maintain the same types and amounts of insurance required of CONTRACTOR. The CONTRACTOR shall be named as an additional insured on all subcontractors' liability policies. Upon request of County, the CONTRACTOR shall provide such evidence of insurance required of the subcontractor. 6.2.2 The CONTRACTOR will not be permitted to commence work governed by this Contract (including pre-staging of personnel and material)until satisfactory evidence of the insurance required by this Contract has been furnished to the County as specified herein, and, when requested by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 6.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY. Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: Insurance Requirement Required Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee Recognizing that the work governed by this Agreement involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject 1970 to the Federal Jones Act(46 U.S.C.A. subsection 688) and the United States Longshoremen and Harbor Workers (USL&H) Act(33 USC Sections 901-950)with limits not less than $1 million. The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Pollution Liability $1 million per Occurrence Recognizing that the work governed by this Agreement involves the storage, treatment, processing, or transporting of potentially polluting material, the CONTRACTOR shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will cover and respond to bodily injury,property damage, and environmental damage caused by a discharge of wastes which are governed by this Agreement. The policy must specifically identify this contract and specify that coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in connection with, and/or related to the services governed by this Agreement. The minimum limits of liability shall be: $1 million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required. Monroe County and its Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability $1 million Combined Single Limit(CSL) Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of this Agreement and include, at a minimum: 1971 • Injury (including death)to any Person; • Damage to Fixed or Movable Objects; • Costs Associated with the Removal of Wrecked Vessels; and • Contractual Liability with Respect to this Agreement. If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the ship-owner. The minimum limits acceptable shall be: $1 million Combined Single Limit(CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies upon request by the County, notwithstanding that the CONTRACTOR may have already provided a Certificate of Insurance. 6.2.4 Coverage shall be maintained throughout the entire term of the contract. 6.2.5 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 6.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. 6.2.7 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. 1972 6.2.8 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of insurance for subcontractors. 6.2.9 The CONTRACTOR shall provide to the COUNTY certificates of insurance and/or a copy of all insurance policies including those naming the COUNTY as an additional insured and as a loss payee. The COUNTY reserves the right to require a certified copy of such policies upon request. Article 7. Staffing. Since this contract is a service agreement, staffing is of paramount importance. CONTRACTOR shall provide services using the following standards, as a minimum requirement: LAIThe CONTRACTOR shall provide at its own expense all necessary personnel to provide the services under this Agreement. The personnel shall not be employees of or have any contractual relationship with the County. All personnel engaged in performing services under this Agreement shall be fully qualified, and, if required, to be authorized or permitted under Federal, State, and local laws to perform such services. Article 8. Utilities. The CONTRACTOR shall be responsible for payment of any utility charges associated with the mobile pumpout service. All utility accounts shall be held in the CONTRACTOR's name. Article 9.0 Indemnification and Hold Harmless. 9.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind (1) arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR in the performance of the CONTRACT, or(2) arising out of, related to, or in connection with the willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of the Contract, including those of any subcontractors. 9.2 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Contract. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. 1973 9.3 In the event completion of the work assigned (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the COUNTY or CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 9.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be entitled to damages for delay. 9.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. 9.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 9.7 This indemnification shall survive the expiration or early termination of the Contract. Article 10. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver by the County of strict compliance with the terms of this Agreement, and specifications covering the services. Any CONTRACTOR's breach of this Agreement shall be governed by the article below on termination for cause. The CONTRACTOR agrees that the County Administrator may designate representatives to visit any facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator may designate representatives to visit the facilities or offices periodically to conduct random open file evaluations during the Contractor's normal business hours. Article 11. Termination Without Cause. The County may terminate this Contract without cause by providing the CONTRACTOR with written notice of termination at least fourteen(14)calendar days prior to the date of termination. Compensation shall be paid to the CONTRACTOR through the end of provision or services or for the fourteen(14)days,whichever is shorter. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement 1974 Article 12. Termination with Cause and Remedies. In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with fifteen (15) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2- 721 et al. of the Monroe County Code. In addition to all the terms set forth herein, the County may terminate this Agreement for cause if the CONTRACTOR shall default in the performance of any of its obligations under this Agreement. Bases for default shall include, but is/are not limited to, the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15) calendar days after the County provides the CONTRACTOR with written notice of said default: (AA)Failure to provide pumpout services as described in this Agreement. Failure to comply with local, state, or federal rules or regulations pertaining to the operation of pumpout vessels or the handling and/or treatment of vessel waste. Breach of any other term, condition, or requirement of this Agreement. (D)For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or(2)maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes, are met. 1975 Termination (Negligence). In the event the CONTRACTOR shall be found to be negligent in any aspect of the service or work, the COUNTY shall have the right to terminate the Contract after five (5) days' written notification to the CONTRACTOR. Article 13. Maintenance of Records and Right to Audit. The CONTRACTOR shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records directly pertinent to performance under this Contract as are necessary to document the performance of this Agreement/Contract and expenses as incurred and in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 10 years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333,whichever is greater. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. Each parry to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other parry to this Contract during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to the CONTRACTOR pursuant to this Agreement/Contract were spent for purposes not authorized by this Agreement/Contract, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the COUNTY. In addition, the CONTRACTOR shall, at its expense,provide the County with an annual audit, prepared by an independent Certified Public Accountant, which shall conform to generally accepted auditing standards, of the Statement of Revenues and Expenses associated with this Agreement with Monroe County, and which shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities, equipment, or vessels at any reasonable time. Right to Audit Availability ofRecords. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in County's or 1976 the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract document(all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten (10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. Article 14. Public Access and Public Records Compliance. The CONTRACTOR must comply with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records,papers, letters, or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. The CONTRACTOR is encouraged to consult with its advisors about Florida's public records laws in order to comply with this provision. Pursuant to Section 119.0701, Florida Statutes, and the terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the COUNTY. 1977 (4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the Contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY Contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the Contract's maintenance of records and/or public access and public compliance provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of said provision(s)by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, GAELAN JONES AT PHONE# 305-292-3470 JONES-GAELAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Article 15. Compliance with Law. In providing all services pursuant to this Agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. The CONTRACTOR shall 1978 possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. Article 16. Disclosure, Conflict of Interest, and Code of Ethics. The CONTRACTOR represents that it, its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this Agreement, as provided in Section 112.311, et. seq., Florida Statutes. Upon execution of this Agreement, and thereafter as changes may require, the CONTRACTOR shall notify the County of any financial interest it may have in any and all contracts with Monroe County. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. Article 17. Notice Requirements. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other parry by certified mail, returned receipt requested, to the following: FOR MONROE COUNTY, FLORIDA: Monroe County Administrator and Monroe County and Monroe County Attorney 1100 Simonton Street Senior Director 1111 121h St., Suite 408 Key West, FL 33040 Planning & Environmental Key West, FL 33041 Resources Department 2798 Overseas Hwy. Marathon, FL 33050 FOR THE CONTRACTOR: Quinn Webster 930 Truman Avenue 475 Key West, FL 33040 Article 18. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the CONTRACTOR authorized to use the County's Tax Exemption Number in securing such materials. The CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 1979 Article 19. Financial Responsibility. The CONTRACTOR shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. Article 20.1.0 Miscellaneous 20.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior express written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each parry hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other parry. 20.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third parry. 20.1.25 COUNTY FORMS. By signing this Agreement, CONTRACTOR has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement and Vendor Certification Regarding Scrutinized Companies List as set forth in more detail in this Agreement. 20.1.3 Public Entities Crimes/Convicted Vendor. The CONTRACTOR/CONSULTANT certifies and agrees that CONTRACTOR/CONSULTANT nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to 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. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, CONTRACTOR/CONSULTANT or subcontractor under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for 1980 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR/CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing,CONTRACTOR/CONSULTANT further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR/CONSULTANT has been placed on the convicted vendor list. CONTRACTOR/CONSULTANT will promptly notify the COUNTY if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 20.1.4 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Contract. Any conditions imposed as a result of funding that effect this Project/Scope of Work will be provided to each party. 20.1.5 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s.3601 et seq.), as amended, 1981 relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix H,¶ C, agrees as follows: 1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 1982 4) The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the contractor's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance;provided,however,that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. 20.1.6 Code of Ethics. By signing this Agreement, the CONTRACTOR/CONSULTANT warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,percentage, 1983 gift, or consideration paid to the former County officer or employee. 20.1.7 DRUG-FREE WORKPLACE. CONTRACTOR/CONSULTANT in accordance with Florida Statute 287.087 hereby certifies that CONTRACTOR/CONSULTANT shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign the Agreement certifies that CONTRACTOR/CONSULTANT complies fully with the above requirements. 20.1.8 Vendor Certification Regarding Scrutinized Companies Lists. The CONTRACTOR/CONSULTANT agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of CONTRACTOR/CONSULTANT, I hereby certify that the company identified above as "CONTRACTOR/CONSULTANT" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of 1984 Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site: http://www.dms.myflorida.com/business operations/state Durchasinz/vendor information/con vi cted_suspended_di scriminatory_complaints_vendor_lists 20.1.9 Non-Collusion Affidavit. CONTRACTOR/CONSULTANT by signing this Agreement, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONTRACTOR/CONSULTANT, the bidder making the Proposal for the project described in the Scope of Work and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person,partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 20.2.0 No Solicitation/Payment. The CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 20.2.1 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 1985 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission,percentage, gift, or consideration paid to the former COUNTY officer or employee. 20.2.2 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. 20.2.3 Requirement to Use E-Verify. In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 20.2.4 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to: 20.2.5 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 20.2.6 Davis-Bacon Act, as Amended(40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback" Act(40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is 1986 prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R.pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 20.2.7 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a 1987 standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1)the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1). (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph29 C.F.R. § 5.5 (b)(2). (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1)through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1)through (4). 1988 20.2.8 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that"funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 20.2.9 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387, as Amended). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants of amounts in excess of$150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The contractor agrees to report each violation to the COUNTY and understands and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 20.3.0 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a"covered transaction" (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management(SAM), in accordance with the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension) SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.&ov. Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at C.F.R. §180.940) or disqualified (defined at C.F.R. §180.935). the contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 1989 20.3.1 Byrd Anti-Lobbying Amendment(31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If award exceeds $100,000, the attached certification must be signed and submitted by the Contractor to the COUNTY. 20.3.2 Compliance with Procurement of recovered materials as set forth in 2 CFR§ 200.323. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. 20.3.3 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications 1990 Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 20.3.4 Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and CONTRACTOR should, to the great extent practicable,provide a preference for the purchase, acquisition, or use of goods,products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 20.3.5 Other Federal Requirements. 20.3.6 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 20.3.7 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Contract. The DBE requirements of applicable federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Contract. 20.3.8 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors or subconsultants performing work or providing services pursuant to the Contract to likewise utilize the U.S. 1991 Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor or subconsultant during the Contract term. 20.3.9 NRCS Regulations. NRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title I11, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624. 20.4.0 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities,personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 20.4.1 DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 20.4.2 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 20.4.3 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 20.4.4 No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry pertaining to any matter resulting from the contract. 20.4.5 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 1992 20.4.6 The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management. 20.4.7 Uncontrollable Circumstance. Any delay or failure of either Parry to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Parry's control, without such Parry's fault or negligence and that by its nature could not have been foreseen by such Parry or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. 20.4.8 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. Article 21. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Article 22. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Article 23. Legal Obligations and Responsibilities -Non-Delegation of Constitutional or Statutory Duties. This Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except 1993 to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida Constitution, state statute, and case law. Article 24. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Article 25. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Contract. Article 26. Governing Law,Venue, Interpretation, Costs and Fees. This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and CONTRACT agree that venue shall lie in the 161h Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Article 27. Attorney's Fees and Costs. The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any parry relative to the enforcement or interpretation of this Contract, the prevailing parry shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Article 28. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Contract or by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. 1994 Article 29. Cooperation. In the event any administrative or legal proceeding is instituted against either parry relating to the formation, execution,performance, or breach of this Contract, COUNTY and CONTRACTOR agree to participate, to the extent required by the other parry, in all proceedings, hearings,processes, meetings, and other activities related to the substance of this Contract or provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that no parry to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Article 30. Severability. If any term, covenant, condition or provision of this Contract(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The COUNTY and CONTRACTOR agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Article 31. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Contract have been duly authorized by all necessary County and corporate action, as required by law. Article 32. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their respective legal representatives, successors, and assigns Article 33. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Contract. Article 34. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Contract and will not be used in the interpretation of any provision of this Contract. Article 35. Execution in Counterparts. This Contract may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Contract by signing any such counterpart. 1995 In Witness Whereof, the parties have executed this contract as indicated below. (SEAL) KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA As Deputy Clerk James K. Scholl, Mayor ASS ST ANT COUNTY AITORNE.Y crea:._,_ 6/9/25____ WITNESSES: On the Hook Marine Services, Inc. 1. By: Print Name: Print Name: 2. Title: Print Name: STATE OF COUNTY OF The foregoing instrument was acknowledged and attested before me this day of 2025, by who is personally known to me or produced as proof of identification and did take an oath. Notary Public Seal 1996 MONROE COUNTY TEMPORARY MOBILE VESSSEL PUMPOUT SERVICE Scope of Work EXHIBIT A 1. Scope of Work The Contractor shall provide mobile vessel sewage pumpout services to anchored-out vessels service areas (zones)throughout waters of the Florida Keys within Monroe County,Florida as outlined in Exhibit B,Pumpout Service Area Map. This pumpout service is being provided by Monroe County 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 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, and management and management support staff to pumpout anchored vessels located throughout the waters of the Florida Keys within Monroe County and provide required documentation of pumpouts via daily logs and required reports. A detailed waste offloading/disposal plan shall be used that includes detailed information on anticipated offloading locations,operational details, and disposal methods. 2. Definitions In this Contract,the following terms shall be defined as set forth below: 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. Clean Vessel Act(CVA) -In 1992, the Clean Vessel Act was signed into law to reduce water pollution 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. GPS Monitoring Device- an electronic monitoring device on a vessel that shows the location of the pumpout vessel and/or trucks working.Using software,it tracks the location,gallons pumped,run-time, and logs the activity. 3. Contractor Responsibilities a. Deliverables. The Contractor shall provide the following deliverables: 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 B,Pumpout Service Area Map. The Service shall be provided at no charge to all anchored vessels located within the boundaries of the Pumpout Service Area Map(Exhibit B),in the waters of Monroe County within the Florida Keys,up to a maximum of one pumpout per week to each individual vessel served. 1997 Vessel waste shall be offloaded and disposed of properly. Refer to Exhibit C, Service Records and Maps,for disposal locations. The Contractor shall perform the service in a reasonable manner, ensuring that 1) sufficient pumpouts are being provided to vessel owners and 2)pumpouts are being performed only as necessary to ensure cost reasonableness(e.g.weekly pumpouts shall not be performed for a vessel that only needs bi-weekly or monthly service). 2. Service Areas(Zones) The Contractor shall provide services in the geographic regions as outlined in Exhibit B,Pumpout Service Area Map. The service areas are: Key West, Stock Island,Lower Keys,Marathon, Islamorada, and Key Largo. Each Service Area contains multiple anchorage areas. 3. Staffing The Contractor shall, at its own expense,provide all office and field personnel and staff required or reasonably necessary to perform and complete all duties and obligations required under this contract. 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 relationship or privity with, contractual or otherwise,with Monroe County. The primary duties of office personnel shall include,but shall not be limited to: • Coordinating pumpout schedules; • Registering customers for service; • 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 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; • Maintenance of an adequate supply of identification decals,monthly endorsement stickers, 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. 4. Registration of Customers Vessel owners are required to register for pumpout service with the Contractor,which shall assist in streamlining the service through a)utilization of`identification decals'indicating participation in the Service and b) orange flags to be flown when in need of a pumpout. All such decals and flags shall be provided by the Contractor at no cost to Monroe County. 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 Monroe County for the Contractor's use as Exhibit D. The Contractor shall submit to the Department all registration information as provided on the sample registration form (Exhibit D) for each customer registered for service. Upon online registration, Monroe County shall be provided an auto-generated copy of the completed form via email by the Contractor. Registration forms shall also be made available directly from the Contractor's field personnel in each area of service. Additionally, the Contractor may also provide registration forms at various marine facilities throughout Monroe County. The Contractor 1998 shall be responsible for creating and entering the registration information into a registration log for submittal to Monroe County. Registration to participate in the service shall be free for participants. Each participant must submit his or her registration information to the Contractor,which shall be entered into the service schedule by the Contractor. Upon the first service by the Contractor's pumpout vessel to the serviced vessel, field personnel shall a)provide an orange pumpout flag to the vessel owner/operator explaining the requirements for displaying the flag to receive service and b) affix the identification decal to the bow of the serviced vessel, adjacent to the location of its state vessel registration decal or waste pumpout location. An identification decal may not be provided to a vessel owner or affixed to a vessel unless it has been serviced by the Contractor's pumpout vessel, and service shall not be provided to any vessel (which does not have sewage to be pumped) simply for the purpose of acquiring an identification decal. Service may also be denied if the vessel to be pumped is not properly equipped, as determined by the Contractor, to provide for a safe, secure pumpout(for example,improper deck fittings, sewage lines, etc.)which may reasonably result in a sewage leak or other breakdown, danger, or malfunction. 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 confirm that service was received. The vessel owner/operator shall be required to hoist the flag again to receive subsequent pumpout service. The Contractor shall ensure that a service schedule for each service area is continuously available for access by the public on the Contractor's website. The registration forms provided on said website shall contain: • 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; • The capacity of the holding tank(s) and waste outlet location(s); • The name of the vessel; • Contact information for the vessel owner and/or operator including phone, email and mailing address; • A point of contact listed for the vessel; • Anticipated service need(e.g... only once,weekly,biweekly or monthly); and • Vessel use category(e.g.year-round local liveaboard vs.transient cruiser). The registration form must be signed by the vessel owner and/or its operator and must expressly authorize the Contractor to pumpout the participating vessel and to board the participating vessel to 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. 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 1999 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. The Contractor shall also ensure that these materials are available on its website and provide the following link to the Monroe County website: litt��://was w.moruroecot.t n� �f'!.g,22v l,!l p!2I.q. The 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. 6. Coordination with the Florida Department of Environmental Protection,Monroe County staff and FWC The Contractor shall, at any and all times requested by the Florida Department of Environmental Protection,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 devices shall be kept maintained and operable for the term of this contract. The Contractor shall make the monitoring data accessible for review by Monroe County by submitting access information(i.e. log-in credentials)for the monitoring device data account. 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 Monroe County for the Contractor's use as Exhibit E. 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; • The total number of in-state and out-of-state vessels served; • 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 pump. If a vessel requests service but no sewage is pumped, this service shall not be included in the total number of pumps and will not be compensated for payment unless beyond the control of the Contractor. All service calls and pumpouts shall be recorded with any applicable notes on the daily pumpout log, Exhibit E. 2000 9. 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. • Monthly and Quarterly total number of pumpouts performed; • Monthly and Quarterly total number of in-state vessels and out-of-state vessels pumped out; • Monthly and Quarterly total estimated volume of sewage (in gallons)pumped out; • 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 • The service schedule for each service area. b. Invoicing. At the end of each month, the Contractor shall submit to Monroe County'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 made only for Services provided(i.e.,individual pumpouts) and there are no reimbursable items. 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. Invoicing shall be made within fifteen(15) calendar days of the end of each month. The Contractor shall not charge any fees to anchored-out vessels for the services rendered under this Contract including,but not limited to, service fees and registration fees. In addition,pumpout vessel operators shall not accept any tips for providing this service. 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 9(b) - Invoicing above. 4. Monroe County's Responsibilities Monroe County'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,Monroe County 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 Price Sheet(Exhibit F).Payment will be based on the number of pumpouts performed at the cost per pumpout as indicated on the Price Sheet. 2001 Exhibit B—Pumpout Service Area Maps ---------------------------------------------------------- Pumpo�ut Service Areas 16 Ca Pumpout Service Areas Service Area Islamorada Key Largo Lower Keys Stock Island Key,West Marallurn ................................... 2002 i N f I u Iouuuuu I 13 4.0 w Y � i I IIII YV'r I ul Y �' ru E0 /�♦ Ir/P `" 1 r, f>t/rry���'o�r���Ji � 11 ��� j W �l� f f� f I 1 CL / � f , f i r i mi a f f� fig '« t, N VI / / 1 / r! r r I'! uuliiiiiuuuuuu uuuuuuiiiiPuuuum i11 'in, v Y- 1 LIII i f Cl) Nei' % M r fi / Il / J� ✓f L �, ," i Il i Ilf' , y %� ✓��%/ref � ��' /iri ��� �„" Iwl / 1 1I � h r V ii I � ;�l/yam, ,�; ��➢ �y / �/ ',f � � ���//%�i,;% �� / / rr ;rGf � af Age f' r / r, i r r J r, r i r If , �Ei �/�/� �(� ....... ,_ /'%/'//f/���/rill��"'" � � �7�� iwA ��. 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Sam 044 'i d� i Mgt �I w L r l 4z Jlua ✓, � PAW, xv a9pc�d¢ 100% Imagery dater.'1713V/17—newer loo m Exhibit C Service Records and Maps Primary Anchorages in the Florida Keys with Number and Location of Anchored Vessels receiving Mobile Vessel Pumpout Service 6-16-2020 Overview The Monroe County Mobile Vessel Pumpout Service is provided to vessel owners throughout the Florida Keys as a means of reducing or eliminating the adverse environmental impacts associated with the illegal discharge of sewage into the federally designated No-Discharge Zone. The Service's first priority is providing service to anchored-out vessels. This report provides information on the number and locations of anchored-out vessels that currently receive pumpout service by Monroe County's Contractor. In addition, nearby shoreside pumpout facilities (including current cost per pumpout-subject to change without notice) are provided on the following maps for reference. This report is based on best available data from pumpout logs for the month of June 2019. This period is 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. Number of Proximity to Region (Service Area) Primary Anchorages Anchored Nearest Shoreside Vessels Pumpout Facility Serviced (in miles)* Wisteria 42 2 Fleming Key 55 1 Lower Keys Cow Key(North) 10 <1 (Key West to Stock Island) Cow Key(South) 12 2 Boca Chica Basin 20 4 SUBTOTAL 139 Sugarloaf Sound 5 22 Lower Keys Niles Channel 2 14 (Sugarloaf to Big Pine Key) Newfound Harbor 9 14 Koehn Basin 2 8 SUBTOTAL 18 Middle Keys N/A N/A N/A Little Basin 4 <1 Big Basin 4 <1 Windley (Wilson Key) 3 4 Upper Keys Windley (OV Basin) 6 3 Community Harbor 9 <1 Buttonwood Sound 3 10 Tarpon Basin 5 5 Jewfish Creek 8 6 SUBTOTAL 42 *dependent on vessel draft and mast height restrictions. Nearest facility may not be appropriate for all vessel- 2015 cfl 0 N i�0/l; i/d '��ii�/%f ��, " �� ����,yy ,,f,,,, �� rpf Y° d,"1 I7�j� �� ��� p�i I/y� rr �n✓1 uy I d " nn w � � eC i N � y Ills �,..,,�•,` (( �! IP f °�qI �I O ti 0 N o �Gt m r M P� y 7 aa� lr ° 1 ►M Y�� I �qq p'� p wd m a w, Frl �i imr °V r, i � ru n � d F /�- X 1 e p Y Q ,U) 97 CU > CA o jr o �I a co T- 0 N 4 ii ff o- r% we!m V „w 1� GA fA'! � rr V �lJl Oi y p 1, f f� Y� W •�I � /f ID r% (1)i ��y r J / 0 0 N y, r u� an in �. SIC] (1) o > ar 0 d a) sue. 12 o � Q ) 5 us c U) ©a �u m •o �rv�l�l�l��l��l � f f �j Tavernier and Key Largo Anchorages v1 ,t✓i Jewfi h6 Cr Tarps Buttonwood Sound (3 vessels) i ,t ommunity� (9 vessels) a. 2020 Mobile Vessel Pumpout Service Sample Registration Form Exhibit D Remainder of page intentionally left blank 2021 Mobile Vessel Pumpout Service SAMPLE REGISTRATION FORM Registration Information: Please complete the following required information to request temporary mobile vessel pumpout services provided by the Contractor on behalf of Monroe County. Services are anticipated 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 when service is requested. This flag shall be flown from a visible location aboard the vessel. Service will be 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. A weekly service schedule will be made available at—Contractor's/ink_. Every effort will be made to provide 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 stations are also available throughout Monroe County. A list of available shoreside facilities can be found at TBD. For more info, please contact or First Name Last Name: Mailing Address, City, State, Zip Email Address (optional) Phone Contact Name (if different from above) Contact Phone (if different from above) Are you a Monroe ❑ Yes Vessel Registration Number County Resident? ❑ No (or USCG Documentation Number) Registration: ❑ In-State ❑ Out-of-State Vessel Make/Model: Vessel Type: ❑ Sail Vessel ❑ Power Length: Vessel Name: (If none, enter "No Name") 2022 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"WW) ❑ Big Basin ❑ Niles Channel ❑ Windley/Wilson Key ❑ Newfound Harbor ❑ 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 El Only Once El Seasonal Local Liveaboard anticipate El Weekly El Transient Cruiser needing service: ElBi-Weekly Vessel Use: ❑ Recreational Use/Non Liveaboard ❑ Monthly ❑ Commercial Use ❑ Other- Please specify: Special Notes/Additional Information: 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 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. • 1 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. • Service will not be provided to a vessel that does not have sewage to be pumped, and I will not receive a monthly 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 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 provision of the service pursuant to their reliance upon the truth and accuracy of this executed Registration Form. • 1 understand the above terms, and authorize Department of Environmental Protection, Monroe County and Contractor's personnel to perform pumpout services aboard my vessel. Signature Date mm/dd/yyyy 2023 Sample Daily Pumpout Log Exhibit E DAILY PUMPOUT LOG DATE PAGE_OF CAPTAIN MATE(S) CAPTAIN'S SIGNATURE TIME IN TIME OUT TOTAL HOURS 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 5 IN / OUT 6 IN / OUT 7 IN / OUT 8 IN / OUT 9 IN / OUT 10 IN / OUT 11 IN / OUT 12 IN / OUT 13 IN / OUT 14 IN / OUT 15 IN / OUT 16 IN / OUT 17 IN / OUT 18 IN / OUT 19 IN / OUT 20 IN / OUT 21 IN / OUT 22 IN / OUT 23 IN / OUT 24 IN / OUT 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. 2024 Price Sheet Exhibit F 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, up to a maximum of$61,651.50 per month. Service Area (Zone) Fixed Price (Per pumpout) Key West $53.50 Stock Island $53.50 Lower Keys $72.50 Marathon $53.50 Islamorada $53.50 Key Largo $53.50 2025