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Item J04
J.4 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: J.4 Agenda Item Summary #8264 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 N/A AGENDA ITEM WORDING: Approval of Amendment No. 3 to the Contract with 'On The Hook Marine Services LLC' for Temporary Mobile Vessel Pumpout Services in the Upper Keys for an Extension of Three (3) Additional Months through September 30, 2021 for a new total Contract Value of$149,981.28 (increase of$37,495.32). ITEM BACKGROUND: At the June 17, 2020, Monroe County Board of County Commissioners ("Board", "BOCC", "Monroe County" or the "County") meeting, the Board directed staff to identify a vendor to provide Temporary Mobile Vessel Pumpout Services ("Temporary Service") for vessels anchored in the Upper Keys. The Temporary Service was requested by the Board following the expiration of the County's contract with Pumpout USA, Inc. for Keys-wide Mobile Vessel Pumpout Service ("Keys-wide Service"). Staff received an unsolicited proposal from On The Hook Marine Services, LLC ("On The Hook") to provide this Temporary Service and on September 3, 2020, a subsequent contract was executed (attached). The BOCC on January 20, 2021, approved an extension (attached) of the contract term for an additional month (i.e., through February 27, 2021); the BOCC also waived the $50,000 competitive solicitation threshold outlined in Chapter 3 of the Purchasing Policy. The BOCC on February 17, 2021, approved an extension (attached) of the contract term for an additional three (3) months (i.e., through June 30, 2021). A competitive solicitation process to seek a new, long-term service provider is currently underway and commencement of this/these service(s) is not anticipated to begin prior to the expiration date of the subject Temporary Service. Therefore, staff is requesting a three (3) month extension to this contract to provide services through September 30, 2021. This extension will increase the total contract value from $112,485.96 to $149,981.28. Packet Pg. 1141 J.4 Funding for this Temporary Service will be reimbursed by an allocation provided to Monroe County by the Florida Legislature that will be available starting on July 1st. A separate contract with the Florida Department of Environmental Protection ("FDEP") for disbursement of these funds will be provided to the Board at a later date. A contract amendment for Temporary Service through September 30th with On the Hook is provided for Board approval. PREVIOUS RELEVANT BOCC ACTION: June 2020 —Direction to Identify a Vendor to Provide Temporary Services for the Upper Keys September 2020 —Contract with On The Hook to provide Temporary Services in the Upper Keys January 2021 —Approval of Amendment No. 1 February 2021 —Approval of Amendment No. 2 CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval DOCUMENTATION: Draft Amendment 3 Amendment 2 Amendment 1 Original Contract FINANCIAL IMPACT: Effective Date: July 1, 2021 Expiration Date: September 30, 2021 Total Dollar Value of Contract: $149,981.28 Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds: Legislative Allocation/FDEP Grant Agreement(TBD) CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: Yes, FDEP Grant Agreement for Legislative Allocation County Match: No Insurance Required: Yes,previously provided and still active Packet Pg. 1142 J.4 Additional Details: 02/17/21 157-62613 - B I FEES/RETAINED VESSEL $37,495.32 To be reimbursed by Legislative Allocation REVIEWED BY: Emily Schemper Completed 05/27/2021 2:50 PM Assistant County Administrator Christine Hurley Completed 05/28/2021 8:43 AM Peter Morris Completed 06/01/2021 12:12 AM Purchasing Completed 06/01/2021 8:24 AM Budget and Finance Completed 06/01/2021 8:27 AM Maria Slavik Completed 06/01/2021 8:28 AM Liz Yongue Completed 06/01/2021 9:24 AM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 1143 AMENDMENT NO. 3 TO CONTRACT BETWEEN ON THE HOOK MARINE SERVICES, LLC AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of June 2021 between Monroe County Board of County Commissioners (hereinafter "MONROE COUNTY" or the "COUNTY") and On The Hook Marine Services, LLC (hereinafter"CONTRACTOR"). 0 WHEREAS, the parties entered into a contract ("Agreement" or "Contract") on September 0. 3, 2020, for temporary mobile vessel pumpout service exclusively for the Upper Keys (hereinafter � the "service", "services", or"program")with a service period through January 31, 2021; and WHEREAS,Amendment No. 1 to the Contract was approved on January 20, 2021,to extend the Contract through February 27, 2021 while MONROE COUNTY continued to seek a long-term vendor for mobile pumpout services in the waters of the Florida Keys; and WHEREAS,Amendment No.2 to the Contract was approved on February 17,2021,to extend 0. the Contract through June 30, 2021; and WHEREAS, extending the expiration date of the Contract exceeded the threshold in Monroe 0 le County Purchasing Policy for competitive solicitations necessitating MONROE COUNTY to waive 0 this provision which was approved by the COUNTY during its regular meeting of January 20, 2021; s a� and WHEREAS, the COUNTY desires to extend this Contract through September 30, 2021, while MONROE COUNTY continues to determine the future of the service; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby 0 acknowledged, the undersigned parties agree as follows: 0 c 1. The recitals contained herein are true and correct and are hereby incorporated as if fully set forth herein. 2. The Agreement between the parties is made a legally effective part of this Third Amendment, except as expressly amended under this Amendment No. 3. 3. Section 1.1.8 is hereby amended by revising the following sentence: E FROM: "This Agreement shall be extended through June 30, 2021." e( TO: "This Agreement shall be extended through September 30, 2021." 4. Section 3.1 is hereby amended as follows: a FROM: The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as to/for providing temporary mobile vessel C pumpout service for the Upper Keys, shall pay to the CONTRACTOR the sum of up to $112,485.96 DOLLARS for the term of this contract, based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)price of$76.21 per vessel pumped out. 1 of 2 Packet Pg. 1144 TO:The in comiderafim of the CONTRACrOR satidaam-*p�ipg and O"ft out the • ves J.4.a pumpout service for the UpM Key.%shall pay to the CONTRACWR the sum ofTapto SH93WIS DOLLARS for ft toma ofthis cumbaml,based an aminiurarn target quota of 164 p=pxft per nxm&at a per unit(per puropoil)price of$7621 per vessel pumped out y . W in fidl furce and effect and bhuEng upon the parties. 0. parties have executed this Ammdmm No. (SEAL) BOARD OF COUNTY COMIMMONIMS COUNTY, FLORIDA 0 0. _ --- As DqmAy Clexk Mayor Michelle Coldnon. le 0 0 MONROE COUNTY ATTORNEYm P VW T ` 4dne - - - — _. Date:akidopbor Webster 2 By: Signature: x Witness(Print Nme) STATE OF The fixegaiing instrument was acknowledged and aftmlbd befim me this—L-7 day of E by v 14 who L2021 is perwmak Imown to me or as Proof of and did Ww an oadL NOWY Pubic to Elliot Thom Vrana • My cojnm"ion HH G49116 a oza Packet Pg. 1145_ 45.*11 u�r� =?Yr Kevin Madok, CPA ' Clerk of the Circuit Court& Comptroller—Monroe County, Florida c " DATE: February 23, 2021 TO: Celia I litcliins, Sr. Administrator 0. Marine Resources M CL FROM: Pamela Ilancc. •&- SUBJECT: February 17'BOCC Meeting Attaclied is an electronic copy of the following item for your handling. 0 K8 2nd Amendment to the Contract%%i li 0n The Hook Marine Services 1J'C for 0. 'remporary Mobile Vessel Pumpout Services in the IJpper Keys for an extension of four additional monllis, for a new total contract value of $112,485.9G (increase of $49,993.76). le 0 Sliould you have any questions please feel free to contact me at (30.5) 292-3550. e 0 L) 0 c x r9 cv cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Paint Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Kft Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 1146 AMENDMENT NO.2 TO CONTRACT BETWEEN ON THE HOOK MARINE SERVICES, LLC AND MONROE COUNTY,FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 171'day of February 2021,between Monroe County Board of County Commissioners(hereinafter"MONROE COUNTY" . or the"COUNTY") and On The Hook Marine Services, LLC (hereinafter"CONTRACTOR"). W WHEREAS, the parties entered into a contract ("Agreement" or "Contract") on September 0. 3, 2020, for temporary mobile vessel pumpout service exclusively for the Upper Keys (hereinafter the"service", "services", or"program") with a service period through January 31, 2021; and CL WHEREAS,Amendment No. 1 to the Contract was approved on January 20,2021,to extend the Contract through February 27, 2021 while MONROE COUNTY continued to seek a long-term vendor for mobile pumpout services in the waters of the Florida Keys; and WHEREAS,extending the expiration date of the Contract exceeded the threshold in Monroe County Purchasing Policy for competitive solicitations necessitating MONROE COUNTY to waive 0. this provision which was approved by the COUNTY during its regular meeting of January 20, 2021; and 0 le WHEREAS, the COUNTY desires to extend this Contract through June 30, 2021, while MONROE COUNTY continues to determine the future of the service/program; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned parties agree as follows: e 1. The recitals contained herein are true and correct and are hereby incorporated as if fully set forth herein. 0 2. The Agreement between the parties is made a legally effective part of this Second Amendment,except as expressly amended under this Amendment No. 2. 3. Section 1.1.8 is hereby amended by revising the following sentence: FROM: "This Agreement shall be extended through February 27, 2021." "'- N TO: "This Agreement shall be extended through June 30,2021." 4. Section 3.1 is hereby amended as follows: FROM: The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as to/for providing temporary mobile vessel pumpout service for the Upper Keys, shall pay to the CONTRACTOR the sum of up to e $62,492.20 DOLLARS for the term of this contract,based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)price of$76.21 per vessel pumped out. 1 of 2 Packet Pg. 1147 • J.4.bl TO: The County, in consideration of the CONTRACTOR satisfactorilyperforming and carrying out the objectives of the County as to/for providing temporary mobile vessel pumpout service for the Upper Keys,shall pay to the CONTRACTOR the sum of up to $112,485.96 DOLLARS for the term of this contract,based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)price of$76.21 per vessel pumped out. S. All of the other terms,covenants,conditions,and provision of the Contract dated September 3,2020,except those expressly modified and rendered inconsistent by this Contract,remain in full force and effect and binding upon the parties. 0. n Witness Whereof,the parties have executed this Amendment No. 2 to the above-referenced CL s indicated below. 5l BOARD OF COUNTY COMMISSIONERS �•, OK,CLERK OF MOI I A% 10 ry v As Deputy C erlc Mayor Michelle Coldiron 0 C On behalf of: On The Hook Marine•services,LLC .; rM -- - w Christopher Webster h -a Title(Print) ��2J rt� �C•r� c iz SZ •- By:,SLAck L0 In S , �v(A _ � Signature: � ..1 Witness(Print Name) �be- �` �f�Ll1qu Signature: fitness(Print Name) STATE OF W N COUNTY OF 21 X Joregoing instrument w�s acknowledged and attested before me this day of 2021,by who is personally known to me or produced n f as proof of identification and did take an oath. ... R4�ERT LI:W15 KEYT,]R Notary blic Seal { r -srnedF+�� a commission i GG 1427% } r MyComm.Expires Sep� il2M]'�•.,....,,. IeMed MrouC�kauerrl IAIry1Np 2 of 2 Packet Pg. 1148 Kevin Madok, CPA . . • _ Clerk of the Circuit Court& Comptroller Monroe County, Florida DATE: January 22, 2021 TO: Celia Hitchins, Sr. Administrator Marine Resources 0. M CL FROM: Pamela Hanco . .C. SUMECT: January 20" BOCC Meeting Attaclied is an electronic copy ol'the following item for your liandling: 0 .16 1"Amendment to Contract with On The Hook Marine Services I1,C for 0. Temporary Mobile Vessel Pumpout Services in die C"pper Keys to extend die Contract for one additional niondi for a new Contract.Value of'$62,492.20;and waiver of the $50,000.00 competitive solicitation diresliold outlined in Cliapter 3 of die Monroe County Purcliasing Policy. 0 0 Should you leave any questions please feel free to contact me at. (30.5) 292-35 i0. 0 L) 0 0 x r9 cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway M20 Overseas Highway 50 High Pant Road Ivey West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 1149 J.4.c AMENDMENT NO. 1 TO CONTRACT BETWEEN ON THE HOOK MARINE SERVICES,LLC AND MONROE COUNTY,FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 206 day of January ) 2021,between Monroe County Board ofCounty Commissioners(hereinafter"MONROE COUNTY" or the"COUNTY')and On The Hook Marine Services,LLC(hereinafter"CONTRAC OW). 0. WHEREAS,the parties entered into a contract{"Agreement"or"Contracel on September 3, 2020, for temporary mobile vessel pumpout service exclusively for the Upper Keys {herein "service"or"services');and WHEREAS,the Contract is currently due to expire on January 31,2021;and WHEREAS,it is deemed in the interest of the health,safety,and welfare of the general public to extend this contract in order to have temporary services for one (1) additional month while MONROE COUNTY continues to seek a long-term vendor for mobile pumpout services throughout E waters of the Florida Keys;and 0 WHEREAS,extending the expiration date of the contract exceeds the threshold in Monroe County Purchasing Policy for competitive solicitations;and e WHEREAS, it is deemed in the best interest of the County to waive Purchasing Policy to ensure continued temporary services; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the undersigned parties agree as follows: 0 1. The recitals contained herein are true and correct and are hereby incorporated as if fully set forth herein. o 0 2. The Agreement between the parties is made a legally effective part of this First Amendment, except as expressly amended under this Amendment No. 1. LU 3. Section 1.1.8 is hereby amended by adding the following sentence: "This Agreement shall be extended through February 27,2021." ;. Section 3.1 is hereby amended as follows: FROM:The County,in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as to/for providing temporary mobile vessel pumpout service for the Upper Keys,shall pay to the CONTRACTOR the sum of up to $49,993.76 DOLLARS for the term of this contract,based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)price of$76.21 per vessel pumped out. TO:The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as tdfor providing temporary mobile vessel pumpout service for the Upper Keys,shall pay to the CONTRACTOR the sum of up to 1 of 2 Packet Pg. 1150 J.4.c $62,492.20 DOLLARS for the berm of this contract,based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)price of$76.21 per vessel pumped out. 5. All ofthe other terms,covenants,conditions,and provision ofthe Contract dated September 3,2020,except those expressly modified and rendered inconsistent by this Contract,remain in full force and effect and binding upon the parties. O 0. Witness Whereof the parties have executed this Amendment No. l to the above-referenced as indicated below. lip f�r BOARD OF COUNTY CONMSSIONERS K,CLERK OF MONIt , As Deputy Clerk Mayor Michelle Coldiron 0 le MONROE C ATTORNEY O APP To FORM O On behalf of On ThylQok Marine Services.LLC perm MIL ASSISTANT COUNTY ATTORNEY " oats: Christopher Webster Title(Print): U f-e 133r a signature: Witness(Print Nanrmef N) o {\] By; f1 1['"} Signature: - Witness(Print Name) - r; STATE OF G.. � ' COUNTY OF OPr W �g instrument was acknowledged and attested before me this day of ,� b b who is personally known to me or produced as proof of identification and did take an oath, No ublic eal JESMY COMM SSION�376 „ EXPIRES:July 13,2 24 2 of 2 Packet Pg. 1151 Kevin Madak, CPA Irk of the Circuit Court&Comptroller—Monroe County,Clerk P Florida DATE; September 23, 2020 � TO: Celia Hltcliins, Sr. Administrator 0. Marine Resources FROM: Painela Hanco4�-C. y SLTBJF=: Sepember 3'° BO)CC Meeting Attaclied is an electronic copy of the lollo►ving item for your liandling: 0 0. D 1 Contract with On The Hook Marine Services 11,C for temporary mobile pump W out vessel services to vessels anchored in the Upper Keys Pump Out Service Area from October 1, 2020 dirougli January 31, 2021 in the amount.of'$49,993.76 wliile Monroe County continues to le seek proposals for keys-wide mobile pump out service(s). Slioulrl you have any questions please feel free to contact ine at (305) 292-35504 0 U 0 LU r9 0 ce County Attorney Finance m File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 overseas Highway 88820 Overseas Highway 50 High Pant Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 1152 J.4.d AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN ON THE HOOK MARINE SERVICES LLC AND MONROE COUNTY, FLORIDA, FOR TEMPORARY MOBILE PUMPOUT SERVICE THIS AGREEMENT is made and entered into this 3rd day of September 2020, between the Monroe County Board of County Commissioners and ON THE HOOK MARINE SERVICES LLC, a Florida-incorporated and registered for-profit corporation(hereinafter"Contractor"). W WITNESSETH: 0. WHEREAS, Monroe County has (hereinafter"Board of County Commissioners", "BOCC", CL "Board", "Monroe County", or the"County") established certain objectives which are consistent with and supportive of the federally-designated No Discharge Zone and laws and regulations established by the federal and state governments of the United States and Florida; and 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 exclusively for the Upper 0 Keys' (hereinafter"Service" /"service")be entered into with a private provider of such service(s); E and Z 0 WHEREAS, the Contractor specified herein desires to provide such service(s); and 0 0 NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have entered into this Agreement(hereinafter"Agreement" or"Contract") as follows: Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, the CONTRACTOR makes the following express representations and 2 warranties to the COUNTY: 0 U 0 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. u X 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a LU .0 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 2 part of this Contract will be adequate and sufficient to document costs in a manner that is 0 acceptable for reimbursement by government agencies, therefore eliminating any additional U, cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to his performance and with regard to those directly under his employ or authority. 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 'By executing this Contract,the parties agree that the term"Upper Keys" shall be construed as the bayside anchorages identified in the Service Area Maps(Attachment A)to the Scope of Work(Exhibit A)attached. 1 of 25 Packet Pg. 1153 J.4.d abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereafter adopted. Any violation of said statutes, ordinances, rules or 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 is not an employee of the COUNTY. No statement contained in this Contract v) shall be construed so as to find the CONTRACTOR or any of his/her employees, 0 subcontractors, servants, or agents to be employees of the COUNTY. As an independent E CONTRACTOR the CONTRACTOR shall provide independent,professional judgment and CL comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 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. 0 E 1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by both of the parties. 0 le 1.1.8 Term of Agreement. The term of the Agreement shall commence on October 1, 2020, and c c end on January 31, 2021, unless terminated earlier under the terms of the Contract. a) However, the Agreement is contingent upon sufficient, continuous funding to the County by the Florida Department of Environmental Protection (FDEP) and/or other sources. If the applicable FDEP (or other) funding agreement is cancelled or becomes insufficiently funded, this Agreement is also void, unless the parties amend it in the same manner as it was originally approved. Article 2.0 Scope of Services. The CONTRACTOR shall do,perform, and carry out in a 0 professional and proper manner the Scope of Services described below. c A detailed Scone of Services is attached as Exhibit "A." The CONTRACTOR shall be the exclusive provider of mobile vessel pumpout services 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 w Fish and Wildlife Conservation Commission ("FWC") on providing and ensuring sewage pumpout compliance within the County. Only anchor-out vessels ("anchor-outs") shall receive the Service. The Service cannot be provided to, and therefore Contractor shall not serve: t� A vessel that due its illegal anchoring, illegal mooring, location, or use, is in violation of federal, Florida, or local laws, ordinances, rules, or regulations, as determined by a local, state, or federal agency; A vessel that is rented, leased, sub-leased, assigned, or subject to any other form of booking or occupancy agreement for tenancies of less than 28 days duration; e( A vessel that is advertised for rental, lease, sub-lease, assignment, or any other form of booking or occupancy agreement for tenancies of less than 28 days duration; 2 of 25 Packet Pg. 1154 J.4.d (44) A vessel that is held out for rental, lease, sub-lease, assignment, or any other form of booking or occupancy agreement for tenancies of less than 28 days duration; A vessel that is facilitating, enabling,promoting, supporting, or sustaining a structure or land use that the Planning&Environmental Resources Department or Code Compliance Department has or have determined violates a provision of the Monroe County Code(s) or Monroe County Comprehensive Plan; v) A vessel that the Monroe County Code Compliance Special Magistrate, a court of competent jurisdiction, or an administrative hearing officer has held is in violation of a 0 federal, Florida, or local law, ordinance, rule, or regulation, or Comprehensive Plan :5 CL objective,policy, or provision; (77) A vessel that has been deemed to constitute a nuisance by a court of competent jurisdiction or by an administrative hearing officer. The CONTRACTOR shall immediately report to the Marine Resources Office: (1) If it gains actual or constructive knowledge, or has credible reason to believe, that any vessel 0. it is requested to service or any vessel it observes in the course of its performance of this contract is being rented, leased, sub-leased, assigned, or subject to any other form of booking or occupancy agreement for tenancies of less than 28 days,or if such vessel is being advertised 4- or held out to that effect; and 0 (2) If it gains actual or constructive knowledge, or has credible reason to believe, that any vessel it is requested to service or any vessel it observes in the course of its performance of this contract is in violation of any federal, Florida, or local law, ordinance, rule, or regulation. 0 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. 0 U Article 3.0 Amount of Compensation and Availability of Funds. c 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,pumpout vessel operators shall not accept any tips for providing this service. .� The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as to/for providing temporary mobile vessel pumpout service for the Upper 2 Keys, shall pay to the CONTRACTOR the sum of up to $49,993.76 DOLLARS for the term of this 0 contract, based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout) price of$76.21 per vessel pumped out. Payments of$12,498.44 will be paid monthly based on the CONTRACTOR meeting the minimum .. monthly target quota of 164 pumpouts. If the monthly quota is not reached,payment will be based on the number of pumpouts performed at the cost per pumpout of$76.21. Payment will not be made for pumpouts exceeding the monthly quota. 2 Based upon historical service averages derived from the County's pumpout service dating from June 2019 which estimates the average number of vessels receiving routine,weekly service in the Service Area is 42 vessels.For purposes of clarity, 164 pumpouts is equivalent to 10%below a median monthly target quota of 182 pumpouts. 3 of 25 Packet Pg. 1155 J.4.d If funds from FDEP or other sources cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this Agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the CONTRACTOR. 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 0 CONTRACTOR's performance of authorized work. Payments (as described above) will be made E monthly by the County to the CONTRACTOR. The monthly payments are based on the monthly CL quotas indicated above, at a per unit rate of$76.21. Conditions for payment are as follows: (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. Monthly invoicing shall be based on the payment provisions outlined in Article 3.1 above. 0 E (B)Consulting, lobbying, travel and lodging are specifically excluded from payment. Payment shall be made only for services provided (i.e., individual pumpouts) and there are no 0 reimbursable items. 0 0 (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. 3.3 Local Government Prompt Payment Act. Payment will be made according to the Local 0 Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the U Monroe County Clerk of Court. The request must describe in detail the services performed, the payment amount requested, and supporting documentation. The CONTRACTOR must furnish to the County the following (prior to the payment of any invoices, items(A)through E)must be provided): (A)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, the entity's Articles of Incorporation and Bylaws; (C) 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; Cooperation with County monitoring visits that the County may request during the E effectiveness of the contract; and 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. 4 of 25 Packet Pg. 1156 J.4.d 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 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 .2 Commissioners and the approval of the Board members at the time of Contract initiation, and is furthermore contingent upon sufficient, continuous funding to the County by the DEP and/or other sources. 0 0. Article 4.0 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 0 contract documents. Proof of such licenses and approvals shall be submitted to the County upon E 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 0 will at all times conduct its business activities in a reputable manner. 0 0 Article 5.1.0 Insurance 5.1.1 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. 0 U 0 5.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate this Contract. 5.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 5.1.4 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 U assessments shall be imposed as if the work commenced on the specified date and time. 5.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed 0 as relieving the CONTRACTOR from any liability or obligation assumed under this contract or a� imposed by law. E 5.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all of the CONTRACTOR's insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 5 of 25 Packet Pg. 1157 J.4.d 5.1.7 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. 5.2.0 General Liability Insurance 5.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract 0) (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. 0 The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the E attached schedules. The CONTRACTOR shall ensure that any and all sub-contractors maintain the c- 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. 5.2.2 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 0 required by this Contract has been furnished to the County as specified herein, and, when requested E by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for all approved subcontractors. 0 le c 5.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI c 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 2 and maintain General Liability insurance. Coverage shall be continuously maintained and include, 0 at a minimum: Uc 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 (not to be associated with Longshoremen's Insurance) , the CONTRACTOR's Workers' Compensation Insurance Policy shall 0 include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) with limits not E 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 'E 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 6 of 25 Packet Pg. 1158 J.4.d $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 W $300,000 per occurrence $200,000 property damage 0 E 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 0 coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in E connection with, and/or related to the services governed by this Agreement. Z 0 The minimum limits of liability shall be: 0 0 • $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. 2 0 Watercraft Liability $1 million Combined Single Limit(CSL) U c Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain .2 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 w the life of this Agreement and include, at a minimum: • 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 0 be endorsed to provide coverage for the legal liability of the ship-owner. a� 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. 7 of 25 Packet Pg. 1159 J.4.d Monroe County and its Board of County Commissioners shall be named as Additional Insured and as a Loss Payee on all policies issued to satisfy the above requirements. 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 .2 been reinstated or replaced. The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required 0 insurance, either: E a. • Certificate of Insurance or a, • A certified copy of the actual insurance policy. 0 The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies 0. upon request by the County, notwithstanding that the CONTRACTOR may have already provided a Certificate of Insurance. 0 5.2.4 Coverage shall be maintained throughout the entire term of the contract. 0 5.2.5 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 5.2.6 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 2 Labor and a Certificate of Insurance,providing details on the CONTRACTOR'S Excess Insurance 0 Program. c 5.2.7 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. w 5.2.8 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. %� 5.2.9 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. a� Article 6. 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: The 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. 8 of 25 Packet Pg. 1160 J.4.d (B)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 7. 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 .2 CONTRACTOR's name. cu Article 8.0 Indemnification and Hold Harmless. c0. 8.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County CL 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 0 willful non- 0. performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible 0 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. 0 le c 8.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the c indemnification provided for above. 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. 2 0 8.3 In the event completion of the work assigned (to include the work of others) is delayed or U c 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 u deficiencies or ambiguity in the plans and specifications provided by the COUNTY or LU x 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. 8.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for U 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. 8.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, E 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 of 25 Packet Pg. 1161 J.4.d 8.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. 8.7 This indemnification shall survive the expiration or early termination of the Contract. Article 9. Facilities and Equipment. The CONTRACTOR hereby accepts the use of any County .2 facilities (e.g., dockage), equipment, or infrastructure that may be provided for use in conjunction � with the Mobile Vessel Pumpout Service in"as is" condition, and the CONTRACTOR shall allow the County to inspect said facilities and equipment at any reasonable time. In addition, all operating 0 supplies and any additional equipment shall be the sole responsibility of the CONTRACTOR. E c. Article 10. Contractor's Assumption of Premises and Conditions. The CONTRACTOR hereby agrees that it has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy itself that such facilities and/or equipment are suitable for this work and it assumes full responsibility therefor. The provisions of this Agreement shall control any inconsistent provisions contained in the Scope of Work. The Scope of Work has been read and carefully considered by the CONTRACTOR, who understands the same and agrees to their 0 sufficiency for the work to be done. Under no circumstances, conditions, or situations, shall this E Agreement be more strongly construed against the County than against the CONTRACTOR. Z 0 Article 11. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be 0 responsible for the maintenance, repairs, and upkeep of facilities and equipment conveyed to, or s provided for the use of, the CONTRACTOR. The CONTRACTOR shall maintain County dockage, or other facilities, and all equipment in a clean, safe, and sanitary manner. Article 12. 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 2 the services. Any CONTRACTOR's breach of this Agreement shall be governed by the article 0 below on termination for cause. U 0 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 u maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator x LU may designate representatives to visit the facilities or offices periodically to conduct random open file evaluations during the Contractor's normal business hours. Article 13. Termination Without Cause. The County may terminate this Contract without cause by providing the CONTRACTOR with written notice of termination at least thirty(30) days prior to U the date of termination. Compensation shall be paid to the CONTRACTOR through the end of ru provision or services or for the thirty (30) days, whichever is shorter. Article 14. Termination with Cause. 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 E 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) days after the County provides the CONTRACTOR with written notice of said default: Failure to provide pumpout services as described in this Agreement. 10 of 25 Packet Pg. 1162 J.4.d 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. Article 15. Maintenance of Records. The CONTRACTOR shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida Constitution, .2 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 0 accounting principles consistently applied. Records shall be retained for a period of 7 years from the E termination of this Contract or for a period of 3 years from the date of submission of the final c. 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 provisions shall 0 survive any termination or expiration of the Contract. Each party to this Contract or its authorized E representatives shall have reasonable and timely access to such records of each other party to this Contract during the term of the Contract and for four years following the termination of this 0 Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines 0 that monies paid to the CONTRACTOR pursuant to this Agreement/Contract were spent for s 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. The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities, 2 equipment, or vessels at any reasonable time. 0 U 0 Article 16. 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 .2 Section 24, Article I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall u allow and permit reasonable access to, and inspection of, all documents, records,papers, letters, or x 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 U 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 �s reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. a� 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: Keep and maintain public records that would be required by the COUNTY to perform the service. 11 of 25 Packet Pg. 1163 J.4.d 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. Ensure that public records that are exempt or confidential and exempt from public records c, 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 v) transfer the records to the COUNTY. 0 0. Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in :5 CL 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, 0 upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. Z 0 A request to inspect or copy public records relating to a COUNTY Contract must be made le directly to the COUNTY, but if the COUNTY does not possess the requested records, the s 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 c c, the public records to the COUNTY or pursuant to a valid public records request within a reasonable 0 time may be subject to penalties under Section 119.10, Florida Statutes. r- .2 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. w IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS 0 RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Article 17. 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 12 of 25 Packet Pg. 1164 J.4.d 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 possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. Article 18. Disclosure, Conflict of Interest, and Code of Ethics. .2 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 0 in any manner with the performance of services required by this Agreement, as provided in E Section 112.311, et. seq., Florida Statutes. c. 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 0 comply with the standards of conduct for public officers and employees as delineated in E 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 0 position, conflicting employment or contractual relationship; and disclosure or use of certain 0 0 information. s a� Article 19. Notice Requirements. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed,postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR MONROE COUNTY, FLORIDA: 0 Monroe County Administrator and Monroe County and Monroe County Attorney U I100 Simonton Street Senior Director 1111 12th St., Suite 408 Key West, FL 33040 Planning & Environmental Key West, FL 33041 � Resources Department u 2798 Overseas Hwy. x Marathon, FL 33050 FOR THE CONTRACTOR: ON THE HOOK MARINE SERVICES LLC C/O CHRISTOPHER WEBSTER 930 TRUMAN AVE #43 KEY WEST, FL 33040 0 Article 20. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The E 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. 13 of 25 Packet Pg. 1165 J.4.d Article 21. 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 22.1.0 Miscellaneous .2 22.1.1 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 0 COUNTY and consistent with the Contract, which approval shall be subject to such E conditions and provisions as the COUNTY may deem necessary. This paragraph shall be c. 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 party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 0 22.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship, E contractual or otherwise, with or any rights in favor of, any third party. 0 22.1.3 Termination. In the event the CONTRACTOR shall be found to be negligent in any aspect 0 of the service or work, the COUNTY shall have the right to terminate the Contract after five s (5) days' written notification to the CONTRACTOR. 22.1.4 Public Entities Crimes/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 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 2 work, may not submit bids on leases of real property to public entity, may not be awarded or 0 perform work as a contractor, supplier, subcontractor, or consultant under a contract with U 0 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 CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. u X By signing this Contract, CONTRACTOR represents that the execution of this Contract will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. 0 U In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined �s 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 has been placed on the convicted E vendor list. CONTRACTOR will/shall promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 14 of 25 Packet Pg. 1166 J.4.d 22.1.5 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;provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 22.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no .2 discrimination against any person, and it is expressly understood that upon a determination � by a court of competent jurisdiction that discrimination has occurred, this Contract automatically terminates without any further action on the part of any party, effective the 0 date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and E Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These c- 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) 0 which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment E 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 0 Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the 0 basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and s 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. 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 may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, 2 color, sex, religion, national origin, ancestry, sexual orientation, gender identity or 0 expression, familial status or age; 11)Any other nondiscrimination provisions in any Federal U or state statutes which may apply to the parties to, or the subject matter of, this Contract. c 22.1.7 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 U 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. 22.1.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The E 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 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, 15 of 25 Packet Pg. 1167 J.4.d commission,percentage, gift, or consideration paid to the former COUNTY officer or employee. 22.1.9 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 .2 and receive benefits as recited in this Contract. 0) v) 22.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow 0 the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited to: E a. 22.2.1 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). 22.2.2 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 0 must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144, and 3146-3148) as supplemented by E 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, 0 contractors must be required to pay wages to laborers and mechanics at a rate not less than the 0 prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, s contractors must be required to pay wages not less than once a week. 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 2 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole 0 or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or U 0 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. w 22.2.3 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 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 E 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. 22.2.4 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 16 of 25 Packet Pg. 1168 J.4.d 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. .2 22.2.5 Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of$150,000 0 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air E Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. c. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 22.2.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (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 180 that 0 implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189) and 12689 (3 CFR part 1989 E Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under 0 statutory or regulatory authority other than Executive Order 12549. 0 0 22.2.7 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 2 also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any 0 Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. U 0 22.2.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. 22.2.9 Other Federal Requirements. LU x 22.3.0 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. 0 U 22.3.1 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 �s 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 E 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. 17 of 25 Packet Pg. 1169 J.4.d 22.3.2 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. 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. .2 22.3.3 NRCS Regulations. NRCS administers the EWP program through the following authorities: 0 0. • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); E c. • Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and • Section 382, Title III, 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. 22.3.4 The CONTRACTOR, by executing all of the attachments to this Contract, all of which are hereby incorporated into this Contract as if fully stated herein, hereby attests that all of his 0 statements and affirmances therein are true and correct based upon his personal knowledge. Z 0 Article 23. Non-Waiver of Immunity.Notwithstanding the provisions of Section 768.28, Florida le Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the 0 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 24. 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 U 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. X Article 25. 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 to 2 the extent of actual and timely performance thereof by any participating entity, in which case the 0 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 26. 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 <t liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. 18 of 25 Packet Pg. 1170 J.4.d Article 27. 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. 0 0. Article 28. Governing Law,Venue, Interpretation, Costs and Fees. This Contract shall be E governed by and construed in accordance with the laws of the State of Florida applicable to c. 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 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. The construction and interpretation of this Contract and all Monroe County Comprehensive Plan provision(s), Florida Statutes, and Monroe County Code(s)provisions 0 shall be deferred in favor of the County and such construction and interpretation shall be entitled to E great weight in adversarial administrative proceedings, at trial, bankruptcy, and on appeal. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with 0 the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit 0 court of Monroe County. s a� Article 29. 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 Contract, 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 2 expenses in appellate proceedings. 0 U 0 Article 30. 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. Article 31. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution,performance, or breach of this Contract, COUNTY U 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 Contract or provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. E Article 32. 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 19 of 25 Packet Pg. 1171 J.4.d 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 33. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such .2 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 0 and other factual unit costs supporting the compensation pursuant to the Contract are accurate, E complete, and current at the time of contracting. The original contract price and any additions c- 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. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and 0 warrants that: E (A)The CONTRACTOR's name in this Agreement is its full name. 0 (B)He or she is authorized to act and contract on behalf of CONTRACTOR. 0 0 Article 35. 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 36. Entire Agreement. This Agreement constitutes the entire Agreement between the County and the CONTRACTOR for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this 0 Agreement. Uc Article 37. 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. LU x Article 38. 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. 0 U Article 39. 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. a� In Witness Whereof, the parties have executed this Contract as indicated below. 20 of 25 Packet Pg. 1172 a BOARD OF COUNTY COMMISSIONERS OF ADOK,CLERK MONROE COUNTY, FLORIDA � ad. �De As puty lerk Mayor Heatb6r Ca&Aers MONROE cojuVry ATTORNEY 0) APPFOrr,DA5 TO FARM PETER MORRIS 0. BTAw , �d1TMKV By: Signature: owlCL Witness (Print Name) CHRISTOPHER WEBSTER By: On behalf of: On The Hook Marine Services LLC Witne Signature} 0 kk r STATE OF l00 C�(5- COUNTY OF 0 �] 0 0 The foregoing instrument was acknowledged and attested before me this VIL4�y of 20 by r , who is personally known to me or produced 0 u F�,()L� _ as proof of identification.and did take an oath. _ 0 Y MIA CASTILLO 0 0 Notary Public Seal sir MY COMMISSION k GG214281 U r�aa11 EXPIRES!June 12.2022 0 Print Name 0 0 3 ►� r r �, tO7 r" r "V G] C— 21 of 25 c' Packet Pg. 1173 J.4.d ATTACKINIENT A LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) :5 a. "...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, gift, or consideration paid to the former County officer or 0 employee." . .... ..a... c (Signature) e m Date: �+ Zo _ STATE OF: COUNTY OF: 0 Subscribed and sworn to (or affirmed)before me, by means of physical presence or Elonline 0 notarization, on �� e (date) by "' "� �} �� (name of affiant). He/She is personally known to me or has produced - (type of identification) as 2 identification. LU W k I MIA CASTILLO NOTARY PUBLIC c =atARv PU�c (.� my COMMISSION#GG214281 I XPIRES:June I 2022 My Commission Expires: �� �,r=` , IJ6 %9 22 of 25 Packet Pg. 1174 J.4.d ATTACI-I ENT B NON-COLLUSION AFFIDAVIT I, JA'�Jel w",6�" of the city of according to law on my oath, and under penalty of perjury, depose and'say that: I am _- P r 51 of the firm of_ i) o, ._ lea ! ��C> l cF� _ the respondent making the Propo 1 for the project described i the Notice f r Calling for bids for: � ,t t t4.1Pt9 6 c and that I executed the said proposal with full aut ority to do CL 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 respondent or with any competitor; Unless otherwise required by law, the prices which have been quoted in this bid have not been 0. knowingly disclosed by the respondent and will not knowingly be disclosed by the respondent prior E to bid opening, directly or indirectly, to any other respondent or to any competitor; and 0 4- le No attempt has been made or will be made b the respondent to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; and a� 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 Agreements for s Wd project. (Signature of Respondent) (Date) 0 STATE OF: � � COUNTY OF: ` 2 � PERSON LLY APPEARED BEFORE ME, the undersigned authority, 011ost"'"I 'r who, after first being sworn by m , (name of individual signing) affixed his/her signature in the space provided above on this 0-- day of )ejj 20 J NOTARY PUBLICf) , My Commission Expires: k._ o _ 1 �o<� MIA CASTILL0 _ MY COMMISSION#GG214281 EXPIRES:,Tune 12,2022 U 23 of 25 Packet Pg. 1175 J.4.d ATTACHI ENT C DRUG-FREE WORKPLACE FORM The unde signed vendo in accordance with Florida Statute 287.087 hereby certifies that: 1 o o I Flo t�n �e ' i c-& _5 L C (Name of Business) 1. Publishes a statement notifying employees that the unlawful manufacture, distribution, dispensing, 0 0. possession, or use of a controlled substance is prohibited in the workplace and specifying the actions E that will be taken against employees for violations of such prohibition. CL 2. Informs employees about the dangers of drug abuse in the workplace, the business's 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. Gives each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 0. E 4. In the statement specified in subsection (1), notifies 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 s 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. Imposes 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. 0 U 6. Makes a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. STATE OF 4� (Signature of R spondent) 2 COUNTY OF _ 0()( V a_t`�. Date CJ PERSONALLY APPEARED BEFORE ME,the undersigned authority, g, who, after first being sworn by me,(name of individual signing)affixed his/her signature in the space provided above on this t day of— - 1209 — E My commission expires: NOTARY PUBLIC �� "'�a<<, MIA CASTILLO My COMMISSION#G6214281 oa �� °2occoP° EXPIRES June 12,2022 24 of 25 Packet Pg. 1176 J.4.d ATTACHMENT D PUBLICENTITY CRIME STATEMENT "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 v) 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, or CONTRACTOR under a 0. contract with any public entity, and may not transact business with any public entity in excess of the L threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither [�� , :' 5 C. (Respondent's name)nor any Affiliate has been placed on the convicted vendor list within the last 36 months. , 0 0 (Signature) e 0 0 Date: 2- .. W 0 STATE OF: COUNTY OF: 0 U Subscribed and sworn to (or affirmed) bef re me, by means of physical presence or ❑ online notarization on r� �, a d ( (date) by j (name of affiant). He/She is personally known to me or has produced (type of identification) as identification. On 2p'�`�"pie<c IvI1�t CASTiLt,O NOTARY PUBLIC h1Y COMp41s510N'!GG214281 _� � � d . F�o�° exp�[z�s lone�2,aoa? My Commission Expires: 1 0 c, 25 of 25 Packet Pg. 1177 J.4.d Exhibit "A." Scope of Services for Temporary Mobile Vessel Pumpout Service for the Upper Keys v) The Contractor shall provide the Temporary Mobile Vessel Pumpout Service for the Upper Keys 0 (the"Service")to anchored-out vessels located exclusively in the bayside anchorages of the Upper E Keys as shown on the attached Service Area Maps (Attachment "A"). This pumpout service is CL being provided by the Monroe County Board of County Commissioners ("BOCC") 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 the BOCC's Proof of Pumpout Ordinance as , authorized by Section 327.60(4), Florida Statutes. 0. The primary purpose and objective of the Service is providing temporary mobile pumpout service to anchored-out vessels in the bayside anchorages of the Upper Keys. 0 le The following sections describe the Scope of Work and Deliverables for the provision of mobile 0 vessel pumpout service. Section A: Scope of Work 0 I. Mobile Vessel Pumpout Service The Contractor shall provide the Service consisting of a suitable number of marine pumpout vessels and service hours/days to provide sufficient service in the proposed U service area. c The Service shall be provided at no charge to all anchored vessels in the Service Area, up to a maximum of one pumpout per week to each individual vessel served. LU Vessel waste shall be offloaded and disposed of properly. The Contractor shall perform the Service in a reasonable manner,ensuring that 1) sufficient 2 pumpouts are being provided to vessel owners and 2)pumpouts are being performed only 0 as necessary (e.g. no pumpouts performed for a few gallons of sewage from a 25 gallon U sewage tank) to ensure cost reasonableness. See Section IV for more clarification. E II. Service Areas The Contractor shall provide the Service in the geographic regions as outlined in the attached Service Area Maps (Attachment"A"). 1 of 4 Packet Pg. 1178 J.4.d III. 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, and all personnel and staff engaged in performing activities, i� duties, or services pursuant to this contract or in the performance of activities associated v) with this contract shall be professionally competent, and fully qualified, authorized, and 0 permitted under all federal, State, and local laws, ordinances, rules, and regulations, to E perform such activities, duties, or services. The Contractor's personnel shall not be CL considered "employees" of or be understood or deemed to have any individual legal relationship or privity with, contractual or otherwise, with the Monroe County BOCC. The primary duties of office personnel shall include, but shall not be limited to: • Coordinating pump-out schedules; • Registering customers for service; 0 • Obtaining registrants' contact information and location for pump-out service; and E • Acting as an accessible and responsive point of contact for the Florida Fish and Wildlife Conservation Commission ("FWC") concerning "Proof of Pumpout" of 0 vessels located in Monroe County waters. 0 0 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 and uninterrupted regular maintenance of a written Daily Log as 2 specified in Section B., Part I. below. 0 0 IV. Registration of Customers c Vessel owners are required by the Contractor to register for pumpout service, which shall assist in streamlining the service through a)utilization of`identification decals' indicating w 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 the BOCC. Registration forms for participation in the Service will be provided by Monroe County. The Contractor will be responsible for entering the registration information into a t� Registration Log for monthly submittal to Monroe County and utilize the service requests in development and implementation of a service schedule. The Contractor shall provide the service schedule information to all registered customers and to Monroe County for public distribution. Registration forms shall also be made available directly from the Contractor's field personnel in each area of service. Registration to participate in the Service shall be E free for participants. Each participant must submit his or her registration information to Monroe County, 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 2 of 4 Packet Pg. 1179 J.4.d shall J provide an orange pumpout flag to the vessel owner/operator and � affix the identification decal to the bow of the serviced vessel, adjacent to the location of its state vessel registration decal. An identification decal may not be provided to a vessel owner or affixed to a vessel unless it has been serviced by the 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 v) the vessel to be pumped is not properly equipped, as determined by the Contractor, to 0 Provide for a safe, secure pumpout(for example, improper deck fittings, sewage lines etc.) E which may reasonably result in a sewage leak or other breakdown, danger, or malfunction. CL After the first service by the Contractor, a vessel owner/operator wishing to receive subsequent pumpout service shall display the orange pumpout flag when service is requested in order to receive pumpout service. The Contractor shall not pump out a vessel that does not display the orange pumpout flag even if the vessel is registered , for routine service. 0 0. The registration form must be signed by the vessel owner and/or its operator and will expressly authorize the Contractor to pump out the participating vessel and to board the participating vessel to facilitate performance of a pumpout, if necessary. le 0 0 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. V. Public Education The Contractor shall distribute any necessary public education materials regarding the Service to the boating community as directed by Monroe County. The Contractor may U 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 Q public. In addition, FWC officers and staff may also distribute these materials. X VI. Coordination with County staff and FWC LU .0 The Contractor shall, at any and all times requested by Monroe County and at any and all times requested by the FWC, identify to the FWC or Monroe County any occupied vessels that are not participating in the Service or that are not requesting pumpouts. 0 c, Section B: Deliverables All deliverables below shall be submitted monthly to the Marine Resources Office as .. specified in the Contract, or as requested by Marine Resources staff, for reporting and reimbursement purposes. 3 of 4 Packet Pg. 1180 J.4.d I. Daily Pumpout Logs The Contractor shall submit Daily Pumpout Logs, provided by Monroe County, which shall be specific to each pumpout vessel, pumpout vessel captain, and service area. The Contractor shall ensure that the Daily Pumpout Logs are contemporaneously filled out in � entirety in a concise, readable format for review and approval by Monroe County. v) 0 II. Monthly Pumpout Report E The Contractor shall submit a signed Monthly Pumpout Report containing the following information: (a.) Total number of pump outs performed; (b.) Total number of in-state vessels and out-of-state vessels pumped out; (c.) Total volume of sewage (in gallons)pumped out; (d.) Total number of individual vessels pumped out (eliminating any duplicate 0 records for repeat service of the same vessel in the given month); E 0 a. for the entire service area, and b. broken down by major anchorages 0 (e.) Methods and location of waste disposal utilized. Ie 0 III. Registration Info The Contractor shall submit all registration information through submittal of a completed Registration Log form(which shall be provided by Monroe County). IV. Service Schedule 0 The Contractor shall submit a schedule of service for public distribution by Monroe U County. c c V. Invoicing The Contractor shall submit to the Marine Resources Office a signed invoice on company -a letterhead for each month's payment, as stipulated in the Contract. 0 4 of 4 Packet Pg. 1181 f �wr is owl, 0 owl CL owl a 00 0. E 0 ���1114Ut r to i 1 bA [[[I 0 tcc 0 y 0 en 0 # fWIF U OC tip ��` �• .N 120 .CD CO G7 " E 1 t � Packet Pg. 1182 ATTACHMENT PAGE 2 J.4.d Tavernier and Key Largo Anchorages \cti yr ` Jfikr 0 CL Trpr 8asi Buttonwo (3 ves 0 4- e i c k " L) 0 Communit aS , t= � a g vessels .E+ .:.„ Packet Pg. 1183 Progressive COA-fAfERCIAL p0 Box 94903 Cleveland,0*44l0l 1'e00'444'44e7 Policy number: 02606608-0 Underwritten by: Progressive Express Ins Company September 15.2020 Page of l 0. Certim������������� ��� NU�N�NN��U��~�� Ap ficate ~~N N��.~°��°���~"~~ G� By 9/15/2020 Certificate Holder — E--��� WAKF n��=� _~ Additional Insured ��� M0NR0E COUNTY&ITS BOARD 0F COUNTY COMMISSIONERS 0. 1100 5|M0NT0N 5T � + KEY WEST, FL33U4U � !?����� ���gp|��.u�^�.o���'.0N THE HOOK MARINE U5AA INS A6[yINC o � SERVICES LL[ 9800FRDR[08R6H5VCN a) 6840 FR0NT5T 5AN ANT0N|0.TX78288 �c E R0[KLAND KEY FL33U4U c � 0 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the perind(s) indicated. This Certificate is issued for information purposes only. |t confers nn rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject tn all the terms, exclusions, limitations, endorsements, and 0 � conditions of these policies. �0 ---------------------------------------------------------' Policy Effective Date: Sep 17. 2U2U Policy Expiration Date: Sep 17. 2U21 msuranemvemme($ Limits ---------------------------------------------------------'Bodily Injury/Property Damage $300,000[ombined Single Limit �Xum U'i—'��.�o�.----------------.�3J�.OJ�.C{.�'+5��a Unraueg �o�n� UU.uUU�S-Non��c�g ---------------------------------------------------------' Personal Injury Protection $1U.UUUv/VVorkeaComp Named |nu]&Relative Description of Location/Vehicies/Special Items Scheduled autos only 0 ���� ' 2UU4N|55AN TITAN 1NbAAU7874N54U184 — Certificate number 25920A12608 0 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. FDA�TEP .�'4.d I ,acoizo® CERTIFICATE OF LIABILITY INSURANCE 09/09/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. TH CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorse If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement c this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Jeff Searcy United Atlantic Insurance Group A/CNNo Ext: (305)748-2134 A/c No): (305)768-0250 0) 3426 Duck Avenue E-MAIL eff uai kw.com ADDRESS: ) @ g ¢, INSURER(S)AFFORDING COVERAGE NAIC# Key West FL 33040 INSURERA: CENTURY SURETY CO 36951 INSURED INSURER B CL On the Hook Marine Services, Chris Webster, Pump Out INSURER 7 N 930 Truman Ave#75 INSURER D INSURER E: key west FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIC INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD/YYYY MWDD/YYYY E X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000/watE I® DAMAGE TO RENTED L_ CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ MED EXP(Any one person) $ A X ARG4512789 09/04/2020 09/04/2021 PERSONAL&ADV INJURY $ O GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ a) POLICY❑ PRO LOC PRODUCTS-COMP/OP AGG $ JECT X OTHER: Pollution Llabllty $ $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ¢' OWN A UTOS ONLY AUTOS ED SCHEDULED BODILY INJURY(Per accident) $ "r' HIRED NON-OWNED ISK PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY `{ _ Per accident UMBRELLA LIAB OCCUR '" ' EACH OCCURRENCE $ O EXCESS LIAB CLAIMS-MADE , q _ 9/1 /2 2 ,.,..: �°�^^—""`�"^ AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ M U DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) VESSELS: PER SCHEDULE,TOTAL SCHEDULE VALUE: $17,796.00 O VESSEL DEDUCTIBLE: $1,000.00 PROTECTION AND INDEMNITY/WATERCRAFT LIABILITY: _ LIMIT:$1,000,000.00 CSL _ POLLUTION LIABILITY: LIMIT:$1,000,000 CERTIFICATE HOLDER CANCELLATION O SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFOF THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED ¢ ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County and it's Board of County Commissioners AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1185 J.4.d AGENCY CUSTOMER ID: LOC#: AC"J?" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED United Atlantic Insurance Group On the Hook Marine Services, Chris Webster, Pump Out POLICY NUMBER U CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS O THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, 0. FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance CIL DEDUCTIBLE: $2,500.00 EXCEPT$5,000 WRECK REMOVAL O 0. O le O O a) O O O r9 O U ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1186 JIMMY PATRONIS CHIEF FINANCIAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION U ** CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW** ) NON-CONSTRUCTION INDUSTRY EXEMPTION c 0. This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law. EFFECTIVE DATE: 9/21/2020 EXPIRATION DATE: 9/21/2022 PERSON: CHRISTOPHER WEBSTER EMAIL: CHRIS.ONTHEHOOK@GMAIL.COM FEIN: 852427234 BUSINESS NAME AND ADDRESS: 0 ON THE HOOK MARINE SERVICES LLC 0. 930 TRUMAN AVE#43 le KEY WEST, FL 33040 SCOPE OF BUSINESS OR TRADE: °3 Boat Livery Boats Under 15 Boat Livery-Boats Under 15 Boat Livery-Boats Under 15 Tons Tons Tons IMPORTANT:Pursuant to subsection 440.05(14),F.S.,an officer of a corporation who elects exemption from this chapter by filing a certificate of election under O this section may not recover benefits or compensation under this chapter.Pursuant to subsection 440.05(12),F.S.,Certificates of election to be exempt issued under subsection(3)shall apply only to the corporate officer named on the notice of election to be exempt and apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to subsection 440.05(13),F.S.,notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate U no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01230850 QUESTIONS?(850)413-1609 r9 O 0 CJ O Packet Pg. 1187 , tRlijltt )�V¢g�titr £ t 3s s t >t tt,r� t f t. l( ff>} AA J �F d {li t� l¢i t)tslvftar�j 7� £ �� t1!tt117�I t i i �£ tCt}lSl�I r t' stCt£ri1��1JCj713t�£t�f��\£i41f �s ` 1 REQUEST FOR NVAIVER OF INSURANCE Q E,,N ' It is requested that the insurance requirements,as specified in the ount 's Schedule of Insurance Requirements, be waived or ruddified.on the following contract. CantractorNendor 0 '> Project or Service: E CL Contractcrl" 'endor y Address&Phone. c � General Scope ofWork: 0 0 Reason for Waiver or �r. � Modification: c Policies Waiver or Modification will apply to; 0 Signature of gontractor,Vendor; ca c bate; '1 zev Appro Not Approved Risk oa `ernent Sid tore: ` . .. LLJ Date. County Administrator appeal; � Approved: Not Approved; Date; £ ' t Board of,courity Con s~sioners appeal., ® pprov & Not..o�'��3T�'1���; � {��1,1ti£s� tt`�`- �b���.{�������?£-,,4t =1t fit,�� .. !n ,_m����, � Cb 4 l +s•. { f t£ r t v _- t I . 1188 -