Loading...
08/17/2005 Contract Clellllllhe Cimul clun Danny L. Kolhage Phone: 295-3130 Fax: 295-3663 Memorandum To: Tim McGarry, Growth Management Director Attn: Mayra Tezanos, Executive Assistant Isabel C. DeSantif, V Deputy Clerk }? From: Date: Monday, September 12, 2005 At the August 17, 2005 Regular EOCC meeting, the following item was approved: Award of bid and authorized execution of a Contract for Services between Monroe County and PumpOutUSA for purchase and delivery ofa Sanitary Waste Pump-out Vessel in the amount of$100,495.00. Enclosed please find a duplicate original for your handling. Should you have any questions, please do not hesitate to contact me. Cc: County Attorney Finance File CONTRACT FOR SERVICES THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the COUNTY, and PumpOutUSA, 1150 Highway 83 North, Defuniak Springs, Florida 32433 hereafter CONTRACTOR. Section 1. Scope. The CONTRACTOR and the COUNTY, for the consideration named agree that Contractor shall provide County with a Sanitary Waste Pump-out Vessel and Trailer which meets the specifications contained in Exhibit A, attached hereto and incorporated herein by reference. Otherwise, all services requested services respective of delivery and training win be provided as described in the Request for Bids package provided as Exhibit B. Section 2. Acceptance of Product. Delivery of the Sanitary Waste Pump-out Vessel and Trailer must be made by the CONTRACTOR at the sole cost and responsibility of the CONTRACTOR, to a location in Monroe County, the Florida Keys specified by the COUNTY. Upon delivery of the Sanitary Waste Pump-out Vessel and Trailer by the CONTRACTO~ the COUNTY will inspect the Sanitary Waste Pump-out Vessel and Trailer with a representative of the CONTRACTOR to review operability and function of all equipment on the vessel and trailer. The COUNTY will receive a minimum of one day's training by the CONTRACTOR on boat and boat equipment operation. Such training will include time on the water and a test of the boat and equipment under running conditions. After such review and training on the vessel, with confirmation from the Director of Marine Resources, the COUNTY win accept the Sanitary Waste Pump-out Vessel and Trailer. The COUNTY will provide a verbal followed by a written acceptance of the vessel and trailer. Acceptance by the COUNTY will constitute the ability of the CONTRACTOR to invoice the COUNTY for full payment in accordance with Section 3 below. Section 3. Payment. The total value of the Contract for completion and delivery of the Sanitary Waste Pump-out Vessel is $100,495.00. The COUNTY shall pay the CONTRACTOR 500/0 ($50,000.00) upon confirmation that fiberglass molds have been set and poured for the hull of the pump-out vessel and within 30 days of Contract approval and signing. Payment of the remaining 50% ($50,495.00) owed to the CONTRACTOR will be paid after delivery, review of Pump-out Vessel the Sanitary Waste Pump-out Vessel and Trailer I and all components, a field test of the vessel, and staff education on use of the vessel, as specified in Exhibit A of this Contract. The CONTRACTOR will provide an invoice for the first 50 percent payment and for the final payment. The COUNTY will process each invoice from the CONTRACTOR within 30 days of receipt. Section 4. Contract Termination. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the COUNTY terminates this Contract because of the CONTRACTOR's failure to perform, then the COUNTY must pay the CONTRACTOR the amount due for all work satisfactorily completed as determined by the COUNTY up to the date of the CONTRACTOR's failure to perform but minus any damages the COUNTY suffered as a result of the CONTRACTOR's failure to perform. The damage amount must be reduced by the amount saved by the COUNTY as a result of the Contract termination. If the damages owed by the CONTRACTOR exceed the amount that the COUNTY owes the CONTRACTOR for work completed, then the CONTRACTOR is liable for any additional amount necessary to adequately compensate the COUNTY up to the amount of the Contract pnce. Section 5. Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk detennines 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 Sec. 55,03, FS, running from the date the monies were paid to CONTRACTOR. Section 6. Employees Subject to County Ordinance Nos. 010 and 020-1990. The CONTRACTOR warrants that it has not employed, retained, or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance 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, in its discretion, may Pump-out Vessel tenninate 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 fonner COUNTY officer or employee. Section 7. Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract 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 perfonn work as a contractor, supplier, subcontractor, or CONTRACTOR under 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 the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 8. Insurance. None Required. All liabilities rest with the CONTRACTOR prior to acceptance of the Sanitary Waste Pump.-out Vessel and Trailer by the COUNTY. Section 9. Communication Between Parties. All communication between the parties should be through the following individuals or their designees: MONROE COUNTY CONTRACTOR George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Trent Rogers PumpOutUSA 1150 Highway 83 North DeFuniak Springs, Florida 32433 Section 10. Goveming Law, Venue, Interpretation, Costs, and Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be perfonned entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Section 11. Conflicting Interpretations. The County and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a tenn oftbis Agreement by or between any of them Pump-out Vessel the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Section 12. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 13. 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 party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Section 14., Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 15. Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 16. Claims for Federal or State Aid. The 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 Agreement; provided that ail applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Pump-out Vessel Section 17. 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 no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 18. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. Section 19. Nondiscrimination. COUNTY and CONTRACTOR 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 party, effective the date of the court order. COUNTY or CONTRACTOR 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2. Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685- 1686), which prohibits discrimination on the basis of sex; 3. Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4. The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits 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; Pump-out Vessel 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 patent records; 8. Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing~ 9. The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability~ 10. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age~ 11. Any other non-discrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. Covenant of No Interest. COUNTY and CONTRACTOR 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 Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. Code of Ethics. 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. Section 22. No SolicitationlPayment. The COUNTY and CONTRACTOR 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 Agreement 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 Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to Pump-out Vessel terminate this Agreement 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. Section 23. Public Access. The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other 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 this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. Non-Waiver of Immunity. Notwithstanding he provisions of Sec. 286.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement 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. Section 25. 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 Agreement within the tenitoriallimits 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 tenitoriallimits of the COUNTY. Section 26. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement 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. Section 27. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or Pump-out Vessel entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR 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 Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. Section 28. Attestations. CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement, Section 29. 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 Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. Execution in Counterparts. This Agreement 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 Agreement by singing any such counterpart. Section 31. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. Indemnify/Hold Harmless. CONTRACTOR agrees to indemnify and save COUNTY harmless from and against all claims and actions and expenses incidental thereto, arising out of damages or claims for damages resulting from the negligence of CONTRACTOR, its agents, or employees while CONTRACTOR is completing activities under this Contract. However, CONTRACTOR shall not be liable for any claims, actions or expenses which arise from the negligent or intentional acts or omissions of the COUNTY, its agents or employees. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Section 33. Standard of Care. All Services performed by the CONTRACTOR pursuant to this Agreement shall be subject to the standards, protocols and field procedures developed for each Pump-out Vessel Order and will be performed using that degree of skill and care ordinarily exercised under similar conditions by reputable members of the CONTRACTOR'S profession practicing in the same or similar locality at the time the Services are performed. However, to the extent that project-specific written procedures or specifications are incorporated into an Order, the Services shall be performed in accordance with such procedures or specifications. No other warranty, express or implied, is made or intended. Section 34. The effective date of this Contract will be upon completion of signature by both parties. IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly aut~.e.~ntative. '~~.(~{ ~"=.~< Z~"'-'~~'1" ~~NYL. KOLHAGE, CLERK j(,';" 1.,/ ~.~~~ '~, ., d. ...."."" ,"..'..'. v. > ~..". ...... .:" ,','. ~~~:mp~ty Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA ~)J~ >n ~~ By Mayor/Chairman CJ 'i .. ~--:: ~-,.,.. '. ~: --.l (3 ..... l,L C) . I."': . , . ,.. " w ~.-: c. ::!: ~- ct - r , ,'''' . .".," ... :':J " " N ,:..:> CJ , W I.. - ~c tel ., n.. ...J C) l,.,! W c:, r,..... en .',- .,~'" '. '''.~ Lr' ) C PumpOut USA ByWK~ Title C- € <9 Pump-out Vessel Exhibit A PumpOutUSA Sanitary Waste Pump-out Vessel Contract Specifications Vessel Len h Draft Power Train Fuel Tank Ca adt Steering 27 feet < 3 ft. full 200 HP Evinrude E Tech 45 allons Hydraulic Steering H draulic Trim Tabs Center Console w T To Recessed Deck / Self Bailin -150 s . ft. Standard /w bacldn lates Heav dut 2,000 h 4 bow/stern! - ort/starboard Prvided All-around fenders & Poll balls Danforth w/ line Panel Radio Com ass Instruments Fused Instrument Panel VHF Radio Included Depth Finder GPS Chart Plotter Included 500 gallon Tank gage and overfill wamin Gas powered peristaltic pump w/ auto start feature Pum Housin 50 ft. inlet hose 1 12 " dia. 50 ft. outlet hose 2" dia. Quick disconnect Deck adapters Clear-hose monitor 90 de ree ball valve S are tire Skids Bolts and connections Li ts Winch Duel Torsion Dro axels and cross members Low Profile - 15" Disc Brakes w / stainless steel cali rs Mounted / alvanized Skids Stainless Wate roof Electric Axel Tires Brakes c " - ~' ~ I II I 'i. I lIt; ~ ~I. .... .. IJI~ ~2' ... ~I!J -. I ~ <J JII~!~I;!I!I~~i li!g~ E ~ Bii~,...i~Bt';,.Ii8i' ....e,l:. ~I ::J E ! ~ ~ II S 12 f!" ~ rB ~.,I fi,$8u.. ~! ... Q. .................... ~ '52!1 ! ~.J~lil II f.11 '2!i ~liil~..IIEI! ~ I ~ ~af~E31I~la~JII~~z~d~ N .................... - GI " o :E E o U to E lJ) 0 ~ u ~ ~ o ("j ("j <:j" ..c N c: ~ ("j l.- e 0 ...J :p Z u... It) ("j (/)' E 00 Ol L.. f"".. f"".. U'.l >- .!::: .- ~ 0 00 U'.l ro I.- 10 00 00 CU ~ D.. E c: 10. lJ) GJ 0 0 "C ..cU) Q) I.- 1-4 I I Q) C N N "C Ol ~ U to I.- ~ ..., 0 ro .- Q) (/) U 0'\ 0'1 10 J: .- C (/) s::. 00 E ro It) 00 - c 0 E ..., Q. I I 10 Q:JIo- (/) 0 c: GJ 0 >< 0 .... l.f) u... .... Q) ~ ..0 e - l.f) l.f) U'.l ...-l Q) U (/) Q) GJ 00 Ill( 00 0 0 cu ro :J 5 u .... ...-l CJ) U U. Q. - LLI Exhibit B Sanitary Waste Pump-out Vessel Request for Bid Specifications Request for Bids Specifications Sanitary Waste Pump-out Vesse) and Trailer Monroe County Department of Marine Resources wishes to purchase a Sanitary Waste Pump-out Vessel and Trailer with instruments and accessories noted in the Specifications below. The vessel purchased will be utilized along the coastal waters of Monroe County, Florida - the Florida Keys, primarily in the Key Largo area. The Vessel must be sea-worthy for the types of weather typical of the area (20 mile range - Plantation Key to upper Key Largo). The Vessel must be easily loaded and transported for potential frequent highway transport from Plantation Key to Mile Marker 106 Key Largo. PomD-out Vesse. SDecifications Boat . Vessel length . Draft . Power Train . Speed with load . Large Capacity Fuel Tank . Hydraulic steering . Hydraulic trim tabs . Center Console wI T-Top or pilot house wI removable windows . Flush Deck . Self Bailing . Below Deck Storage Capability wI large diameter drain holes . Rail on all sides and bow wI backing plates . Heavy duty bilge Pump automatic I manual . Commercial grade cleats fore I aft & bow I stern . Dock lines . All-round fenders & large poly balls . Anchor, chain, and rope Range 25-30 feet (Flexible) Max. 2 Feet Full Load Min. 140-200 HP 4 stroke Outboard Engine (twin engines an option) 15-20 MPH (13-17 Knots) 50-100 Gallons Negotiable item Preferable 120-200 CF Negotiable Heavy Duty 1,000 2,000 GPH Danforth Waste storage & Management System Specifications . Waste tank wI tank gauge & overfill warning 400-1,000 Gallons wI mm. 1 W' Diameter Vent . Gas powered peristaltic pump wi auto start feature (No pull start) · Pump Housing or cover . Standard Hoses 50 Feet Inlet @ I W' Diameter 50 Feet Outlet @ 2" Diameter Quick disconnect Deck adapters Clear hose monitor 900 ball valve Freshwater System Specifications . Fresh water pump w/ small tank wash down only . Hose 150-300 GPH / - 25 gallon tank 25-30 feet Instrument Specifications . Fused Instrument panel . VHF Radio . Compass . Depth finder . GPS Chart plotter color display w/ detailed local navigation charts provided . Navigation lights Garmin GPS Map IS2C preferred Safety Equipment Specifications All USCG required safety equipment Pump-out Vessel Trailer Specifications . Must accommodate weight w/ ease . Heavy-duty frame . Dual torsion axel(s) . Drop Axels & Cross Members . Low profile rims / tires Both loading and highway travel Aluminum / stainless Shallow water ramp access - Negotiable item . Removable Spindles (bearings) · Independent braking system equivalent) . Spare tire w mount Stainless . Rollers or skids . Bolts / other connectors . Waterproof lights . Aluminum storage box . Electric winch Disc brakes/stainless calipers (or Galvanized / Mount - Aluminum / Negotiable item Stainless Negotiable item Instruction, Training, and Warranties · Review and familiarization with the pump-out vessel and all associated equipment upon delivery · Minimum one (1) day training on the operation of the vessel and all equipment including an on the water test of the vessel and all equipment. · Transfer of second party warranties on all installed equipment and provision of first party warranties on all material provided directly by the successful bidder (2 to 5 years first-party warranty preferable - on-site as needed for regular or emergency maintenance, with an option for extension or future retrofit of vessel).