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Item J07
} J.7 `, 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.7 Agenda Item Summary #8294 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 No AGENDA ITEM WORDING: Approval of an Amendment to the Contract with Adventure Environmental, Inc. for a 2-Year Extension to the Contract for the Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures, and Marine Debris. ITEM BACKGROUND: The Monroe County Board of County Commissioners ("BOCC" or"County") approved a contract with Adventure Environmental, Inc. ("Adventure") on August 15, 2018, for services relating to the removal, refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. This contract is due to expire on June 30, 2021. The contract amendment extends the term for two (2)years under the same terms and conditions as the subject contract; this amendment provides for the subject contract to be extended for the period July 1, 2 02 1, through June 30, 2 02 3. The contract amendment is attached for Board approval. PREVIOUS RELEVANT BOCC ACTION: August 2018 —Approval of Contract with Adventure Environmental, Inc. CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment Original Contract_2018 Auto COI—approved by Risk GL COI approved by Risk Packet Pg. 1253 J.7 Workers Comp COI approved by Risk FINANCIAL IMPACT: Effective Date: July 1, 2021 Expiration Date: June 30, 2023 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds: Boating Improvement Funds CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes, approved by Risk Additional Details: None None REVIEWED BY: Emily Schemper Completed 05/26/2021 4:04 PM Assistant County Administrator Christine Hurley Completed 05/28/2021 8:41 AM Peter Morris Completed 06/01/2021 12:28 AM Purchasing Completed 06/01/2021 10:12 AM Budget and Finance Completed 06/01/2021 11:15 AM Maria Slavik Completed 06/01/2021 11:39 AM Liz Yongue Completed 06/01/2021 12:05 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 1254 AMENDMENT TO CONTRACT BETWEEN ADVENTURE ENVIRONMENTAL, INC. 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 and Adventure Environmental, Inc. WITNESSETH: WHEREAS, on August 15,2018,the parties entered into a non-exclusive Contract(Contract) for the removal, refloating and/or demolition and disposal of derelict vessels, floating structures, and marine debris; and E C WHEREAS, said Contract is due to terminate on June 30, 2021; and w WHEREAS, Section 1.1.8 of said Contract provides for, upon the mutual written consent of the parties, one additional two (2)year term under the same terms and conditions; and WHEREAS, the undersigned parties desire to enter into this Amendment extending said Contract; and c WHEREAS, extension of said Contract is deemed in the best interest of the health, safety, and welfare of the citizens of Monroe County and the general public; w NOW,THEREFORE,IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: t� 1. The Contract shall be extended for the period July 1, 2021, through June 30, 2023. 2. Section 6.6 of the August 15, 2018 agreement is hereby amended to read: .2 2 FROM: Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. The request must describe in detail the services performed, the E payment amount requested, and supporting documentation, including copies of receipts from the transfer station. TO: Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. Acceptability to the Clerk is based on _generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 3. Section 7.1.6 of the August 15, 2018 agreement is hereby amended to read: FROM: The Monroe County Board of County Commissioners shall be named as Additional Insured on all of the CONTRACTOR'S insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 1 of 5 Packet Pg. 1255 TO: The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 4. Section 7.5 of the August 15, 2018 agreement is hereby amended to read: FROM: 7.5.0 Jones Act or Watercraft Coverage is Required TO: 7.5.0 Jones Act, Longshoremen and Watercraft Coverage is Required E FROM: 7.5.1 Jones Act Coverage. Recognizing that the work governed by this contract 2 involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) L1° a� with limits not less than $1 million. TO: 7.5.1 Jones Act, Longshoremen and Watercraft Coverage. Recognizing that the work governed by this Agreement involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) and the United States Longshoremen and Harbor Workers (USL&H) Act(33 USC sections 901-950)with limits not less than $1 million. Watercraft coverage shall also be provided with limits not less than $1 million. w 5. Section 9 of the August 15, 2018 agreement is hereby amended to read: FROM: Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7- years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333, whichever is greater. Each party to .2 this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR E pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. E TO: Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7- years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333, whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were 2 of 5 Packet Pg. 1256 wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 6. Section 11.2.9 of the August 15, 2018 agreement is hereby amended to read: FROM: Procurement of recovered materials as set forth in 2 CFR § 200.322. TO: Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable 2 consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded a� $10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 7. Section 11.3 of the August 15, 2018 agreement is hereby amended to add the following provisions: c 11.3.5 Access to Records: Contractor/Consultant and their successors, transferees, assignees, and °' X subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation t� conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and .2 accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 11.3.6 DHS Seal, Logo and Flags: Contractor shall not use the Department of Homeland Security .E seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 11.3.7 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the COUNTY and Contractor. 11.3.8 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,procedures, and directives. 3 of 5 Packet Pg. 1257 11.3.9 No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry pertaining to any matter resulting from the contract. 11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 11.3.11 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend or renew a contract to procure or obtain; or(3) Enter into a contract(or extend or renew a contract)to E procure or obtain equipment, services, or systems that uses covered telecommunications equipment 2 or services as a substantial or essential component of any system, or as critical technology as part of � any system. As described in Public Law 115-232, section 889, covered telecommunications a� equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety, security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such °' X equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be t� an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 11.3.12 Domestic preference for procurements as set forth in 2 CFR§200.322. The COUNTY .2 and CONTRACTOR should, to the great extent practicable,provide a preference for the purchase acquisition, or use of goods,products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or E products under federal award. For purposes of this section: (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. E (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 11.3.13 The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management. 11.3.14 The CONTRACTOR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR's performance of work under this Agreement, to the extent allowed and required by law. 4of5 Packet Pg. 1258 8. All of the other terms, covenants, conditions, and provisions of said original Contract, except those expressly modified and rendered inconsistent by this Amendment, remain in full force and effect and binding upon the parties. 9. Each party agrees that they have authority to execute this Amendment on behalf of each party and represents and warrants that such person has the full right and authority to fully bind such party to the terins and obligations of this Amendment. 10. This Amendment is binding on the successors and assigns of the parties. IN WITNESS WHEREOF, the parties have executed this Contract as indicated below. C (SEAL) `> KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor Michelle Coldiron WITN 'S �. Adve It re E vir nm 7tal,Inc. 0 1. By: _ } { Print ame: s -'A Print Name: �``} ns 2. Title: [ `{ 0 Print Name: POE COUNTY ATTORNEY y Alp VET B STATE OF ElOV7 Date: COUNTY OF VVC, The foregoing instrument was acknowledged and attested before me this day of E 2021, by O who is personally known to me or produced as proof of identification and did take an oath. 03 Not iy Pu eal ns ;o1Y pU'•., KELLY J GRACiE ?, '= Notary Public•State of Florida �` Commission N GG 303588 o� My Comm.Expires Feb 19,2023 Bonded through National Notary Assn. 5 of 5 Packet Pg. 1259 o f Kevin Madok, cpA �u a Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: September 11, 2018 TO: Alison Smith, Executive Assistant Planning & Environmental Resources, Stop 26 FROM: Pamela Hancock, D.C. SUBJECT: August 15�'BOCC Meeting Attached are the folloNy-ing hvo items, from the above-mentioned meeting, for your 'a handling: K1 Contract jN71th Adventure Environmental, Inc. for Removal, Refloating and/or e Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris. Flectronic cOpV OnIV .N K6 Contract jN71th Undenvater Engineering Sen'Ices, Inc. for Installation and Maintenance 2 of Aids to Navigation and Regulatory Markers in Monroe County. Duplicate origlhal coming to you through courier, Should you have any questions,please feel free to contact me at extension 3130. co T- CD cv i cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKJROTH BUILDING 500Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-85 Packet Pg. 1260 MONROE COUNTY CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS This Contract is made and entered into this day of "O[R�J& by the MONROE COUNTY BOARD OF COUNTY COMMISSIONERS (° OUNTY"), a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and ADVENTURE ENVIRONMENTAL, INC. ("CONTRACTOR"), whose address is 160 Georgia Avenue, 2 Tavernier, FL 33070. Article 1.1.0 Representations and Warranties and Term of Contract By executing this Contract, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations necessary to act as CONTRACTOR for the COUNTY until the CONTRACTOR'S duties hereunder have been fully satisfied. LU 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a manner that they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and 0 comply with all applicable law, codes, and regulations. The CONTRACTOR warrants that the documents prepared as part of this Contract will be adequate y and sufficient to document costs in a manner that is acceptable for > reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information. 1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with `o regards to his performance and those directly under his employ. T- N i 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 U Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this Contract and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent contractor and not an employee of the COUNTY. No statement contained in this Contract shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants, or agents to be employees 1 of 23 Packet Pg. 1261 of the COUNTY. As an independent contractor the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 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 2 services or goods under this Contract. Lu 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. 1.1.8 Term of Contract. This Contract shall commence on July 1, 2018, and terminate on June 30, 2021, unless terminated earlier under the terms of this Contract. The COUNTY and CONTRACTOR shall have the option to renew this Contract for one additional 2-year term under the same terms and conditions as this Contract, exercisable by mutual agreement upon written notice given at least thirty (30) days prior to the end of the initial term. Lu The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced upon written notice from the COUNTY and the work 0 shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless modified in a signed document, by the y mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall > be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written authority from the COUNTY. co Article 2.0 Scope of Services. The CONTRACTOR shall do, perform, and carry out in T_ CD a professional and proper manner the Scope of Services described below. SCOPE OF SERVICES 0 Duties consist of retrieval, removal, refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. Duties may also include (1) Removal and disposal of non-derelict vessels, as applicable, and (2)To cover, remove and/or dismantle off-premises marine signs from vessels or floating structures, and, or to remove and dispose of, or relocate and store off-premises marine signs, or vessels or floating structures with off-premises marine signs, as applicable. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine debris located on the land or in 2 of 23 Packet Pg. 1262 the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring, providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. When a vessel, off-premises marine sign, derelict vessel, floating structure or marine debris is identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel or floating structure, whether the vessel or floating structure is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be U aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. In the event of a tie on the low quote, the County may, M not accept the quotes received and issue another invitation for Quotes, or (2) communicate with the respective quote-responding contractors to see if any would allow a tying contractor to be awarded the job. At no time y will any CONTRACTOR be authorized to undertake a job without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the same day as the pricing request in order to expedite the job. 0 The CONTRACTOR will provide all necessary and adequate equipment to complete the y task including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTOR shall be responsible for the job site at all times during the work. co T_ CD CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. It is the CONTRACT.OR's responsibility to ensure that he removes the correct vessel, floating structure, or marine debris. Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall take representative photographs including the exterior (capturing any unique or identifying features such as registration numbers or name) and interior (if applicable) at 3 of 23 Packet Pg. 1263 the initial site. Representative photographs shall be taken during the removal and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of the CONTRACTOR, it is not safe to do so. Photographs should be properly dated, indicate the name of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY with invoicing. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic LU beverages before or during the job will constitute cause for immediate termination of the contract. 2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without additional compensation, promptly correct any errors,omissions; deficiencies, or conflicts in the work product of the CONTRACTOR. 2.2 Notice Requirement. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required LU or permitted under this Contract shall be in writing and.hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, to the following: To the COUNTY: Monroe County Board of County Commissioners y Marine Resources Office � Attn: Senior Administrator- Marine Resources 2798 Overseas Highway, Suite 410 Marathon, FL 33050 co For the CONTRACTOR: T_ CD i Gregory Tolpin Adventure Environmental, Inc. 160 Georgia Avenue c Tavernier, FIL 33070 However, if COUNTY requests a price quotation(s)from the CONTRACTOR the request and response thereto may be accomplished by electronic mail ("e-mail"}. Selection of the CONTRACTOR by the COUNTY and the terms of the individual job � may be accomplished by e-mail notification with a Task Order(1) authorizing the work to be completed, and (2) signed by the COUNTY prior to the commencement of the work. 4 of 23 Packet Pg. 1264 Furthermore, a Notice of Termination may be accomplished by e-mail, but shall be immediately formalized in writing by the party seeking to terminate and sent to the other party by certified mail, return receipt requested. Article 3.0 County's Responsibilities 3.1 The COUNTY shall provide full information regarding requirements for the fulfillment of authorized Task Order(s) issued to the CONTRACTOR, with the understanding that the site conditions to which such information pertain or relate may be subject to change. 3.2 The COUNTY shall designate a representative to act on its behalf with respect to LU said issued Task Order(s). 3.3 Approve a schedule for the completion of individual Task Order(s) mutually- agreeable to both the CONTRACTOR and the COUNTY. 3.4 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the work performed or N non-conformance with this Contract. Written notice shall be deemed to have been duly served if sent pursuant to Paragraph 2.3. 3.6 The COUNTY's review of any documents prepared by the CONTRACTOR shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy,_ y adequacy, fitness, suitability, o coordination of its work product. Article 4.0 Authorization of Work Assignments, Subcontractors 4.1 All assignments of work shall be authorized in a signed Task Order inco �-- accordance with the COUNTY'S policy prior to any work being conducted by the T_ CD CONTRACTOR. 4.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work 0 to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Contract. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific assignment. Where available, the authorization shall refer to the name of the vessel, .. and its location. 4.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this Contract without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written 5 of 23 Packet Pg. 1265 consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Contract. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the specific written consent of the COUNTY'S representative. If subcontractors are approved it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job. r_ Article 6.0 Indemnification and Hold Harmless 5.1 The CONTRACTOR covenants and agrees to hold harmless the COUNTY/Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's fees, or liability of any kind M 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 M arising out of, related to, or in connection with N the willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible and answerable for any and all accidents or injuries to persons or property LU arising out of its performance of the Contract, including those of any subcontractors. 5.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the 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 y 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. co T_ CD 6.3 In the event completion of the work assigned (to include the work of others) is" delayed or suspended as a result of the"CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the COUNTY or CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY's behalf. 5.4 The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of any portion of the services specified in this Contract. The CONTRACTOR agrees that it shall not be entitled to damages for delay 6 of 23 Packet Pg. 1266 5.5 The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. r_ 6.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere in this Contract. LU 5.7 This indemnification shall survive the expiration or early termination of the Contract. Article 6.0 Compensation 6.1 Payments. The compensation available to the CONTRACTOR under this Contract shall be determined by the COUNTY on the basis of price quotations received N from approved CONTRACTORS and the necessities of the individual job(s). The r_ CONTRACTOR is responsible for evaluating the request for removal and responding in LU writing with a quotation for the job, a description of the job, the amount of time by which the CONTRACTOR can begin the particular job, and the time necessary to complete that particular job. 6.2 For its assumption and performances of the duties, obligations, and y responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. All invoices must meet NRCS standards and requirements. 2 W (A) If the CONTRACTOR's duties, obligations, and responsibilities are materially a co changed by amendment to this Contract after execution of this Contract, T_ CD compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B)As a condition precedent for any payment due under this Contract, the 0 CONTRACTOR shall timely submit proper invoices for services and work properly rendered and reimbursable expenses due hereunder. The CONTRACTOR's invoice shall describe with reasonable particularity the service rendered. The CONTRACTOR's invoice shall be accompanied by such .. documentation or data in support of expenses for which payment is sought at which the COUNTY may require. 6.3 It shall be the CONTRACTOR's responsibility to pay any and all disposal fees at a transfer station(s) or other licensed disposal facility or recycling center. In addition to the foregoing invoice requirements, the CONTRACTOR is required to provide the COUNTY with a disposal receipt along with any invoice(s) for associated or otherwise 7 of 23 Packet Pg. 1267 related specified work. 6.4 The billing rates of the CONTRACTOR for a particular job shall be determined and mutually agreed upon in writing, by and between the CONTRACTOR and the COUNTY, in a written Task Order prior to COUNTY authorization for the CONTRACTOR to commence the work. 6.6 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of such work. 6.6 Local Government Prompt Payment Act. Payment will be made according LU to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non- County federal and/or state government agencies, incurred by the CONTRACTOR in N the interest of the work include the following expenses: (A)Reimbursable expenses including transportation (excluding airfare), lodging, meals and incidentals are included in hourly rates shown approved by the COUNTY and CONTRACTOR for each discretely identified position. (B)Cost of reproducing maps or drawings or other materials used in performing the y scope of services. (C)Postage and handling,of reports. (Q)AII other expenses are non-reimbursable. co T_ CD 6.8 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 each fiscal year (October 1 - September 30) by the COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative 0 act of the COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation, and its duration, and its duration and approval of NRCS and receipt of funds by NRCS. Article 7.1.0 Insurance 7.1.1 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 8 of 23 Packet Pg. 1268 to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 7.1.2 Failure to maintain coverage shall be considered a valid reason for the COUNTY to terminate this Contract. 7.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 0 7.1.4 Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of the insurance required under this LU Contract, shall not extend deadlines specified in this Contract, and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time. 7.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law. .2 7.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured on all of the Contractor's insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 0 7.1.7 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 y prior notification is given to the County by the insurer. 7.2.0 General Liability Insurance 7.2.1 As a pre-requisite of the work governed, or other goods supplied under this co Contract (including the pre-staging of personnel and material), the CONTRACTOR shall T_ CD obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRACTOR shall require all subcontractors to obtain insurance.consistent with the attached schedules. 0 7.2.2 The CONTRACTOR will not be permitted to commence work governed b this p 9 Y Contract (including pre-staging of personnel and material) until satisfactory evidence of the insurance required by this Contract has been furnished to the COUNTY as specified herein, and where applicable the CONTRACTOR shall provide proof of insurance for all .. approved subcontractors. 7.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better;that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation 9 of 23 Packet Pg. 1269 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. 7.2.4 Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall be continuously maintained and include, at a minimum: (A)Premises Operations (B)Bodily Injury Liability (C)Expanded Definition of Property Damage The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: (A)$200,000 per Person N (B)$300,000 per Occurrence (C)$200,000 Property Damage An Occurrence Form policy is,preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this Contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months (12) following the acceptance of work by the y County. - - � The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. co The CONTRACTOR shall maintain the insurance required by this Contract throughout T- CD the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. c The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: • Certificate of Insurance or • A certified copy of the actual insurance policy. 10 of 23 Packet Pg. 1270 The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. 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. 7.3.0 Vehicle Liability Insurance Requirements 7.3.1 Recognizing that the work governed by this Contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: • $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: c (A)$200,000 per Person (B)$300,Q04_per Occurrence y (C)$200,000 Property Damage > The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. W co 7.4.0 Workers' Compensation Insurance Requirements T_ N i 7.4.1 Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. U 7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: (A)$100,000 Bodily Injury by Accident (B)$500,000 Bodily Injury by Disease, policy limits (C)$100,000 Bodily Injury by Disease, each employee (D)Employer's Liability- Statutory limits 7.4.3 Coverage shall be maintained throughout the entire term of the contract. 11 of 23 Packet Pg. 1271 7.4.4 Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 7.4.5 If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. 0 7.4.6 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 U updated financial statements from the fund upon request from the County. 7.6.0 Jones Act or Watercraft Coverage is Required 7.5.1 Prior to commencement of work governed by this Contract, the CONTRACTOR shall obtain Jones Act and/or Longshoremen and Harbor Workers Compensation Insurance with limits sufficient to respond to the applicable state and/or Federal statutes. 2 X • Pollution Liability Coverage with minimum limits of$1,000,000. The COUNTY shall be named as an additional insured with respect to the 0 CONTRACTOR's liabilities hereunder. 7.5.2 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. co 7.5.3 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a CD CD copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. 0 U Article 8. Termination. Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen days' (15) notice to the CONTRACTOR. Article 9. Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7-years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other 12 of 23 Packet Pg. 1272 party to this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. Article 10. Public Access and Public Records Compliance. CONTRACTOR must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Florida Constitution. The COUNTY and U CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision y shall be deemed a material breach of this Contract and the COUNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the Contract. 0 The CONTRACTOR is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision.Pursuant to F.S. 119.0701 and the y terms and conditions of this contract, the CONTRACTOR is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY co with a copy of the requested records or allow the records to be inspected or T- copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Contract term and following completion of the Contract if the CONTRACTOR does not transfer the records to the COUNTY. (4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records that would be required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements..If the CONTRACTOR keeps and maintains public records upon completion of the the. the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be 13 of 23 Packet Pg. 1273 provided to the COUNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. (5) A request to inspect or copy public records relating to a COUNTY Contract must be made directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the CONTRACTOR must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. 0 If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the public records Contract provisions in accordance U with the Contract, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of this provision by the CONTRACTOR. A CONTRACTOR who fails to provide the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE ca CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 306-292-3470 BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street..SUITE 408, co W T_ KEY WEST, FL 33040. CD Article 11.1.0 Miscellaneous 0 11.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior written approval of the COUNTY and consistent with the Contract, which approval shall be subject to such conditions and provisions as the COUNTY may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Contract. Subject to the provisions of the immediately preceding sentence, each 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. 11.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any 14 of 23 Packet Pg. 1274 relationship, contractual or otherwise;with or any rights in favor of, any third party. 11.1.3 Termination. (A)In the event the CONTRACTOR shall be found to be negligent in any aspect of the service or work, the COUNTY shall have the right to terminate the Contract after five (5) days' written notification to the CONTRACTOR. 0 (B)The COUNTY may cancel this Contract without cause by giving the CONTRACTOR sixty (60) days' written notice of its intention to do so. U 11.1.4 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 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 consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold Uj 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. 0 By signing this Contract,CONTRACTOR represents that the.execution of this y 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. co In addition to the foregoing, CONTRACTOR further represents that there has CD CD been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether U CONTRACTOR has been placed on the convicted vendor list. CONTRACTOR will 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. 11.1.5 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. 15 of 23 Packet Pg. 1275 11.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Contract automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local � ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 y 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, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may `o apply to the parties to, or the subject matter of, this Contract. r- N i 11.1.7 Code of Ethics. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, U regarding, but not limited to, solicitation or acceptance of gifts; doing business With one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 11.1.8 No Solicitatloh/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 16 of 23 Packet Pg. 1276 or resulting from the award or making of this Contract. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Contract without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 11.1..9 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990.The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. 11.2.0 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Contract, and that only interest of each is to perform and receive benefits as recited in this Contract. LU 11.2.1 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow the provisions as set forth in Appendix If to Part 200, as amended, including 0 but not limited to: 11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR > Part 60, all contracts that meet the definition of"federally assisted construction contract 2 in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). co 11.2.3 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by T_ CD Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.G. 3141-3144, and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision.to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti-Kickback"Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole 17 of 23 Packet Pg. 1277 or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 11.2.4 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 .2 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 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. 11.2.5 Rights to Inventions Made Under a,Contract or Agreement. if the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization.regarding the substitution of padi:g , assignment or performance y 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. co `o T- CD 11.2.6 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution CNI Control Act(33 U.S.C. 1261-1387, as Amended). Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water �i Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 0 11.2.7 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 implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 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 statutory or 18 of 23 Packet Pg. 1278 regulatory authority other than Executive Order 12549. 11.2.8 Byrd Anti-Lobbying.Amendment(31 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the U non-Federal award. 11.2.9 Procurement of recovered materials as set forth in 2 CFR § 200.322. 11.3.0 Other Federal Requirements. 11.3.1 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. 11.3.2 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_apportunty to participate i n_the performance.of contracts financed in whole,or y in part with COUNTY funds under this Contract. The DBE requirements of applicable > federal and state laws and regulations apply to this Contract. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws co and regulations to ensure that the DBE's have the opportunity to compete for and T_ 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. 0 11.3.3 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. 11.3.4 NRCS Regulations. MRCS administers the EWP program through the following authorities: • Section 216, Public Law 81-516 (33 U.S.C. Section 701b); 19 of 23 Packet Pg. 1279 • 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. Article 12. Non-Waiver of immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Article 13. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. LU Article 14. 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-the-extent-of-actual-and-timely-performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is not intended to, 2 nor shall it be construed as, authorizing the delegation of the constitutional or statutory 2 duties of the COUNTY, except to the extent permitted by the Florida Constitution, state W statute, and case law. co CD Article 15. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to ca any personal liability or accountability by reason of the execution of this Contract. Article 16. 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. 20 of 23 Packet Pg. 1280 Article 17. Governing Law, Venue, Interpretation, Costs and Fees. This Contract shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Contract, COUNTY and CONTRACT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This Contract shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. U Article 18. 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 expenses in appellate proceedings. X LU Article 19. 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 0 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 y by Florida law. This provision does not negate or waive the preceding provisions of this Contract concerning termination or cancellation. Article 20. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or co breach of this Contract, COUNTY and CONTRACTOR agree to participate, to the T_ 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 U Contract. Article 21. Severability. If any term, covenant, condition or provision of this Contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants,conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The COUNTY and 21 of 2 Packet Pg. 1281 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 22. The County must approve all of Contractor's subcontractors prior to their providing service. Contractor will not use a subcontractor or material supplier to whom the County reasonably objects. Contractor will supply the County a list of local -� individuals and firms under contract. All contractors and subcontractors will operate in strict accord with local, State, and Federal laws governing the type of work to be E performed. Article 23. Authority and Binding Effect. 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. The terms, covenants, conditions, and provisions of this Contract shall bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their respective legal representatives, successors, and assigns Article 24. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was y 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 25. Section Headings and Execution in Counterparts. Section headings have co been inserted in this Contract as a matter of convenience of reference only, and it is T_ 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. This Contract may be executed in any number of counterparts, each of which shall be regarded as an original, all of which ether shall constitute one and the same instrument and any of the parties e o xecute this Contract by signing any such counterpart. t ereof, the parties have executed this Contract as indicated below. BOARD OF COUNTY COMMISSIONERS E °Gr i K, CLERK MONROE C UN r7.eputy;tferk. David Rice, Ma r ' ..._By i By: 22 of 23 1#i MA0 COUNTY ATFORNEY =-camco Date. - Packet Pg. 1282 By: By: ess Si ature) B /�C Print name and title: lir It t N By: % On behalf of: Adventure Environmental Inc. Wi nes 1Signature) By: Witness (Pfint Name) STATE OFI COUNTY OF ns The foregoing instrument was acknowledged and attested before me this 9' day of ca -T,j 2018, by P I r_,� who is personally known to me y oduced as proof of identification and did take an oath. JORGE L.DELF1 W Notary Public-State of e= CommisS1on;GG fl9SOSS CD of My Comm,Expires Jun Florida20,2021 I No a TlicSeal 0 Print N me 0 23 of 23 Packet Pg. 1283 _ram- ADVEN-1 CERTIFICATE OF LIABILITY INSURANCE o7ro DATE(MMfDDlYY IDDIYY 912018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING iNSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poticy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Accessible Marine Insurance NAME: Accessible Marine Insurance 1145 Robert E Lee Blvd IPA C N E,d:504-486-5411 FAX No:604482-1475 New Orleans,LA 70124 E-MAIL ail ami-ins.com Eric S.Green aDDREss:gail@ami-ins.com NASC# INSURER A:Rockhill Insurance Company INSURED Adventure Environmental Inc. INSURERS:Great American ins.Company 22136 O Greg 2895 SWi87th Ave. INSURER C: Miami,FL 33176 INSURER 0: UJ INSURER E- 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 PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE POLICY NUMBER MMIDDY EFF MN[fDD CY EXP LIMITS LTR A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 O CLAIMS-MADE 1XI OCCUR Y Y ENVP007681-05 0110912018 01/09/2019 DAMAGE TO RENTE PREMI 50 00 �+ SES Ea occurrence) $ r....,_.....-_—., MED EXP(Any one person) $ 5,00 PERSONAL&ADV INJURY $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,00 POLICY PEO LOD PRODUCTS-COMP/OP AGG $ 2,000,00 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident) _ ANYAUTO BODILY INJURY(Per person) $ W ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ N AUTOS AUTOS APMROD BY =(,E $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS BY Per accident $ U UMBRELLA LIAB HOCCUR EACH OCCURRENCE $ �4EXCESS UAS CLAIMS-MADE WAIVER W Y AGGREGATE $ DED RETENTION$ $ W WORKERS COMPENSATION PER OTH. AND EMPLOYERS'LIABILITY Y f N STATUTE ER __ CD r ANY PROPRIETORIPARTNERIEXECUTIVE [--] E.L.EACH ACCIDENT $ C44 I OFFICERfMEMBER EXCLUDI NIA (Mandatary In NH) E.L.DISEASE-EA EMPLOYE $ if yes,describe under cu DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ ¢ B Cont Equipment IMP 5305782-02 01/26/2018 01126/2019 Scheduled 432,9E B Hull/P&I Liability OMH841008-06 10/12/2017 10/1212018 P&I Limit 1,000,0( DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate holder shown as additional insured with waiver of subrogation In their favor as required by written contract as respects insured's operations. State of FL CGC: 1506411 State of FL CUC:1223905 CERTIFICATE HOLDER CANCELLATION MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Marine Resources Office 2798 Overseas Hwy,#420 AUTHORIZED REPRESENTATIVE Marathon,FL 33050 24 � O 19888-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 1284 J.7.b' NOTEPAD Adventure Environmental Inc. ADVEN-1 PAGE 2 lNSURED'S NAME OP ID:GB Date 07/0912018 Contractors Pollution Liability: Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Professional Liability: Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 C O Commercial General Liability Conditions: Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions Total Pollution Exclusion Endorsement Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Exclusion-Violation of Statutes that Govern Emails, Fax, Phone Calls or Other Methods of Sending Exclusion - Punitive or Exemplary Damages Amended Waiver of Subrogation O Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems � Exclusion - Professional Services Primary/'Non-Contributory Coverage-Blanket - When req. by written contract Additional Insured - Managers or Lessors of Premises Toxic Drywall Exclusion O Separation of Insureds Independent and/or Subcontractor Restriction O CJ Contractors Pollution Liability (Claims-Made) Conditions: Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation Toxic Drywall Exclusion Professional Liability Conditions: War or Terrorism Exclusion .-. Additional Insured - Owners, Lessees or Contractors co r cV I O O U Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severability Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses O Deliberage Damage (Pollution Hazard) Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause ' Vessel Stability Packet Pg. 1285 J.7.b' NOTEPAD Adventure Environmental Inc. ADVEN-1 PAGE 3 tNSURED'S NAME OP ID:GB Date 0710912018 Terms and Conditions applicable to P&I: SP-38 Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion Special Operations Exclusion C O Hull & Machinery / 3rd Party Protection & Indemnity (8) Sectional Barges Agreed Value: $60,000 3rd Party P&I: $1,000,000 Policy Number: OMH 4016648-00 Policy Period: 07/02/2018 to 09/30/2018 Terms/Conditions (Hull & Machinery) AI Coastwise and Inland Hull Clauses Boom Clause - Named Perils / Weight Overload O Deliberate Damage (Pollution Hazard) No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability O O Terms/Conditions (3rd Party P&I) : Z SP-38 y Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Lift Exclusion Liability Limitation No Release to Tower Warranty .-. P&I Crew - Crew is Excluded co Punitive J Exemplary Damages Exclusion Special Operations Exclusion tV AI/LP: ¢� Mobro Marine, Inc. P. O. Box 986 Green Cove Springs, FL 32043 O U O Packet Pg. 1286 ADVEN4 DATE "CERTIFICATE OF LIABILITY INSURANCE 0710912018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT BILL BODENHAMER BUTLER,BUCKLEY,DEETS INC. 6161 BLUE LAGOON DR.,STE 420 (PAH/814., Ext.305-262-0086 IF c Ne:305-262-0187 MinimMIAM S. oden ADDRESS:BBODENHAMER BBDINS.COM William S.Bodenhamer INSURERS AFFORDING COVERAGE NAIC# INSURERA:Progressive Express Ins.Co. m INSURED ADVENTURE ENVIRONMENTAL INC INSURERB:Atlantic Specialty InsuranceCO 12895 SW 87 AVE MIAMI,FL 33176 INSURERC: INSURER D INSURER E: 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 PERIOD > INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INSR TYPE OF INSURANCE POLICY NUMBER MM1DDY EFF MMIDPOLICDY EXP LTR LIMITS GENERAL LIABILITY EACH OCCURRENCE $ DA AGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ N CLAIMS-MADE DOCCUR MED EXP(Any one person) $ X PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ ru GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICYF71 PE O LOC $ O AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,001 (-� Ea accident $ A ANY AUTO X 03515746-8 06111/2018 06/1112019 BODILY INJURY(Per person) $ N X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS H RED AUTOS Ix NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT) no 1 $ 2 UMBRELLA LIAB OCCUR HBY EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE 1 AGGREGATE $ DED RETENTION$ DATE $ W WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N tNAIV,A SOBY t IJ ZITS_._.___ER,._ _�._�_� CD CD ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA I (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S ¢ B MARITIME EMPLOYERS B5J1124550 01121/2018 0112112019 BI 1,000,001 LIABILITY BI BY ACC 1,000,001 U DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CD 30 DAYS NOTICE OF CANCELLATION EXCEPT FOR NON PAYMENT OF r PREMIUM IO DAYS NOTICE. MONROE COUNTY BOCC IS FISTED AS ADDITIONAL INSURED WITH REGARD TO AUTO LIABILITY. O CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN MARINE RESOURCES OFFICE ACCORDANCE WITH THE POLICY PROVISIONS. 2798 OVERSEAS HWY#420 MARATHON,FL 33030 AUTHORIZED REPRESENTATIVE William S.Bodenhamer ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Packet Pg. 1287 Date CERTIFICATE OF LIABILITY INSURANCE 2/8/2018 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727)938-5562 1 Insurers Affording Coverage NAIL# Insured; South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurer B: Holiday, FL 34691 InaurerC: Insurer D: Insurer E: Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR ADDL I Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence Commercial General Liability Damage to rented premises(EA Claims Made Occur occurrence) $ Mad Exp Personal Adv Injury General aggregate limit applies per: Policy ❑Project ❑ LOC General Aggregate O Alff N0 1FilS Products-Comp/Op Agg AUTOMOBILE LIABILITY ' Combined Single Limit �� (EA Accident) $ uJ Any Auto ...,...,.�„ Bodily injury All Owned Autos IVAltlER WA4 YE (Per Person) ¢ Scheduled Autos Bodily Injury O Hired Autos U Non-Owned Autos (Per Accident) $ Z to Property Damage (Per Accident) $ U EXCESS/UMBRELLA LIABILITY Each Occurrence 2 Occur ❑Claims Made Aggregate W Deductible co A Workers Compensation and WC 71949 01101/2018 01/01/2019 X WC Statu- OTH- T_ Employers'Liability tory Limits ER CD tV Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 O U Other Lion Insurance Company is A.M.Best Company rated A(Excellent). AMB#12616 Descriptions of Operations/Locations/Vehicies/Exclusions added by Endorsement(Special Provisions: Client ID: 80-65-323 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": 0 Adventure Environmental,Inc, Coverage only applies to injuries Incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or by calling(727)938-5562. Project Name: GREGORY J.TOLPIN,LICENSE NUMBERS CGC1506411&CUC1223905 AS QUALIFIER.ISSUE 01-28-16(AF)REISSUE 02-08-18(RK) Be in Date 3 15 2010 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurerwill endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to BUILDING DEPT. do so shall impose no obligation or liability oof'any 'kind duupon the insurer,its agents or representatives. OVERSEAS HWY,STE.30D MAR MARATHON, FL 33050 Packet Pg. 1288 BUTLER BK<LE`!DEETS CClri9l FIN',141. 6161 BLUE LAGOON #;420 M11Akil!.FL 33126 1-305-262-0086 Policy number. 03515746-6 Undennrritten by. Progressive Express Ins C"p4ry June 16,2020 Page 1 of 3 C Certificate Certificate Bolder Additional Insured l„IONROE COUF1Tr BOCC INSUR 10E COKiPLI,ANCE PO BOX 100085-FX' � DELUTH,GA 30096 2 Insured Agent/Surplus Lines Broker Uj ................................................................................................................................................................................................... ADVENTURE EN'VIROHK4EI1T4L BUTLER BUCKLEY DEETS IIJC 6161 BLUE LAGOONr420 160 GEORGIA 4�,JE 1,414 ,11,R 33126 � TAVERNIER., FL 33070 t.� This document certifies that insurance policies identified held+,v have been issued by the designated insurer to the insured W named above for the period(s) indicated. This Certificate is issued for information purposes only. It confers no rights upon 2 the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed belovv. The coverages afforded by the policies listed belo,P,, are subject to all the terms, exclusions, limitations, endorsements,and conditions of these policies. Polio, Effective Date: Jurr 11: 2020 Policj Expiration Date: Jun 11, 2021 Insurance coverage(s) Limits BodilU lnjuryy,/Propertd Damage $1,000,000 Combined Single Limit............... ....... ......................... . .... ... .. ........................... ............. Uninsured Motorist 11,000,000 CSL Non-Stacked . .................................................................................................................. ............ .................. Personal Injury Protection $`'�0,000 4rglfiorkers Comp -Named Insd &Relative ............................................................................................................................................................................ Emplovers Non-Cmned A..uto BIPD $1,000,000 Combined Single Limit .... ... ................................ ................................................................................................................................ U Hired auto Bodily Irijury/Property Damage $1,000,000 Combined Single Limit Description of Location/Ve icies/Specia9 Items Scheduledautos only....................................................................................................................................... E 2011 CHEVROLETSUBURBAIA C1500/ IGNSKKE31BR382272 Comprehensive $''';000 Ded Collision $'';000 Ded ............................................................................................................................................................................. 2014 CHEVROLET SILVERADO C2500 IGCICVCG7EF187484 Medical Pa+,,ments $5,000 Comprehensive $ :000 Ded Collision $11:000 Ded ............................................................................................................................................................................. 2002 11101"T80 1 NKDLT9X:12J894497 Medical Payments $5,000 ..............:............................................................................................................................................................. 2015 CHEVROLETSILVERADO C2500 1GC2CUEGIF7541060 Medical Paymerits $5,000 Approved Risk Management with attachments Policy number. 03515746-6 ?age 2 of 3 Comprehensive $1000 Ded Collision $"II,000 Ded ............................................................................................................................................................................ 201'CHE'VROLETSILv`ERADO C2500 1GCIKXEG3HF1047I5 I'dedical Payments $5,000 Comprehensive $1,000 Ded Collision $ ,000 Ded 2 ................................ ............................... ............... ............................... ........................................................... 2017 CHEVROLET SILVERADO C2500 1GCIKUEGOHF207993 kiledical Payments $5,000 Comprehensive $1,000 Ded Collision $ ,000 Ded ............................................................................................................................................................. 2018 CHEVROLET 2500 HD IGC1KUEGX1FI34539 > k4edical Payments $5,000 Comprehensive $1,000 Ded Collision $11,000 Ded ............................................................................................................................................................................ 2014 PTRB 388 1NPi1VX4EXSED226224 k4edical Payments $5,000 Comprehensive $1,000 Ded Collision $ ,000 Ded Uj .._.._..................................................................._........................................... ......................._........... 2006 INTL 740 1 HTV�`CAAIA 161370901 k4edical Payments $5,000 Comprehensive $1 000 Ded 0 Collision $',000 Ded � 2009 CHE'V`ROLETSILVERA.DO C3500 1GB1C74K99E105480 y P;Iedical Payments $5,000 Comprehensive $^,000 Ded Collision $1,000 Ded � ............................................................................................................................................. 2019 CHEVROLET K2500 IGCIKTEYOKF1I2991 Idedical Payments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded 2019 CHEVROLET SUBURBAN CI 5001 IGNSKIKICKR262447 I�Aedical Payments $5:000 � Comprehensive $"000 Ded Collision.............................. ....... .^';000 Ded...................................................................................... 2020 CHEVROLETSILVERA.DO C2500 IGC4YPEY7LFI0SS87 i [�,tledical Payments $5;000 Comprehensive $''1;000 Ded � 0 Collision $1,000 Ded .........I.......I...I................... .......................................................................................................................... 2020 CHEi1ROLET SILVERADO C2500 IGC4YPEYOLF154498 Medical Pa±,,ments $5,000 Comprehensive $1,000 Ded Collision $1,000 Ded Policy number. 03515746-6 ?age 3 of 3 Certificate number 16820A.12746 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term � cancellation. 0 Fo nS24 (IQA02, > e( CJ c� CJ -", ADVEN-1 J.7.d ,4co�ro. CERTIFICATE OF LIABILITY INSURANCE DATE` �•� 01/07/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIEI BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEI 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 endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 504486-5411 CONTACT Accessible Marine Insurance Accessible Marine Insurance PHONE FAX 1145 Robert E Lee Blvd (A/C,No,Ext):504-486-5411 (A/C,No):504-482-1475 New Orleans,LA 70124 ADDRESS:gall ami-ins.com Eric S.Green INSURERS AFFORDING COVERAGE NAIC# INSURERA:Capitol Specialty Ins. Company m INSURED INSURER B:Great American Ins.Company 22136 Adventure Environmental Inc. Greg Tolpin INSURER C:StarNet Insurance Company 160 Georgia Avenue Tavernier,FL 33070 INSURER D INSURER E: 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 PERIO1 INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: 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 DDL UBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,1 .N CLAIMS-MADE Xrl OCCUR EV20190209-03 01/09/2021 01/09/2022 DAMAGE TO RENTED 50 X X PREMISES Ea occurrence $ MED EXP(Any one person) $ 5,1 Approved Risk Management with atte chments PERSONAL&ADV INJURY $ 2,000,1 UJ GEN'L AGGREGATE LIMIT APPLIES PER: i)'�� � / � GENERAL AGGREGATE $ 2,00011 O X POLICY JECT1:1 LOC Y ,[,�, PRODUCTS-COMP/OPAGG $ 2,000,1 OTHER: $ O AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO 3-2-2021 BODILY INJURY Perperson) $ N OWNED SCHEDULED N AUTOS ONLY AUTOS BODILY INJURY Per accident $ > HIRED NON-OWNED PROPERTY DAMAGE ¢, AUTOS ONLY AUTOS ONLY Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ � WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER 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 $ C M.E.L. X BOUM-A-20-2110 08/15/2020 08/15/2021 M.E.L. 1,000,1 0. B Hull/P&I Liability OMH841008-09 10/12/2020 10/12/2021 P&1 Limit 1,000,1 a. I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) (, Certificate holder shown as additional insured with waiver of subrogation in their favor as requried by written contract as respects insured's operations. CERTIFICATE HOLDER CANCELLATION MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Insurance Compliance P. O. Box 100085-FX AUTHORIZED REPRESENTATIVE Duluth,GA 30096 _/y „ 11�9/� ACORD 25(2016103) ©1988°-'20�15'ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1292 NOTEPAD Adventure Environmental Inc. ADVEN-1 PA J.7.d INSURED'S NAME OP ID: GB Date 01/07/2021 Contractors Pollution Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-03 Policy Period: 01/09/21 - 01/09/2022 Claims Made Aggregate Limit: 2,000,000 Each Contractors Pollution Condition Limit: 2,000,000 Blanket Additional Insured/ Waiver of Subrogation Professional Liability: Insurer: Rockhill Insurance Company Policy#: EV20190209-03 Policy Period: 01/09/21 - 01/09/2022 Aggregate Limit: 2,000,000 Each Professional Services Incident Limit: 2,000,000 C O Commercial General Liability Conditions: Deductible Liability Endorsement Exclusion - Testing or Consulting Errors and Omissions > Total Pollution Exclusion Endorsement Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization ¢. Exclusion-Violation of Statutes that Govern Emails, Fax, Phone Calls or Other Methods of Sending Exclusion - Punitive or Exemplary Damages O Amended Waiver of Subrogation N Exclusion - Engineers, Architects or Surveyors Exclusion - Exterior Insulation and Finish Systems Exclusion - Professional Services Primary/Non-Contributory Coverage-Blanket - When req. by written contract uj Additional Insured - Managers or Lessors of Premises Toxic Drywall Exclusion Separation of Insureds Independent and/or Subcontractor Restriction O U Contractors Pollution Liability (Claims-Made) Conditions: y Additional Insured - Owners, Lessees or Contractors (Broad Wording) Amended Waiver of Subrogation Toxic Drywall Exclusion Professional Liability Conditions: War or Terrorism Exclusion Additional Insured - Owners, Lessees or Contractors tt7 O I Hull & Machinery / Protection & Indemnity: Terms and Conditions applicable to All Sections: Severability Terms and Conditions applicable to Hull: A. I. Coastwise and Inland Hull Clauses U Deliberage Damage (Pollution Hazard) Engines & Machinery - ACV / Limited Perils Only No Lay Up Warranty No Release to Tower Warranty Seaworthiness Clause Total Loss Hull Premium Earned Clause Vessel Stability Additional Insured as respects P&I Packet Pg. 1293 ! NOTEPAD Adventure Environmental Inc. ADVEN-1 PA J.7.d INSURED'S NAME OP ID: GB Date 01/07/2021 Terms and Conditions applicable to P&I: SP-38 Form Collision Clause including Tow & Extended Tower's Liability Collision Liability - P&I Extension Diving & Swimming Exclusion Food & Beverage Exclusion Health Hazard Exclusion Liability Limitation No Release to Tower Warranty P&I Crew Exclusion: Notwithstanding anything contained in the Protection and Indemnity Clauses herein to the contrary, it is understood and agreed that this Company shall not be liable for any loss, expense or claim to employees of the Assured, members of the crew, contractors or subcontractors Punitive/Exemplary Damages Exclusion W Special Operations Exclusion C O Contractor's Equipment: Policy No. : IMP 5305782-03 Policy Period: 01/26/2020 to 01/26/2021 - Owned Equipment $75,000 > - Leased/Rented Equipment any one item limit $200,000 - Leased/Rented Equipment all items limit $400,000 M.E.L. -Maritime Employers Liability Coverage Form -Transportation, Wages, Maintenance & Cure O -Notice of Cancellation: 30 days (except 10 days of nonpayment of premium) N -Death on the High Seas Clause -In Rem Liability -Blanket Waiver of Subrogation uj O U Z U tt7 > O I U J O Packet Pg. 1294 Da CERTIFICATE OF LIABILITY INSURANCE 3/1/ J.7 e Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 InsurerC: Insurer D: Ca Insurer E: 0) Coverages The policies of insurance listed below have been issued to the insured named above for the policy period indicated. Notwithstanding any requirement,term or condition of any contract or other document 2 with respect to which this certificate may be issued or may pertain,the insurance afforded by the policies described herein is subject to all the terms,exclusions,and conditions of such policies. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Date Limits LTR INSRD Type of Insurance Policy Number Date (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability A p p r o v d R i S k M a n a g e m e n t Damage to rented premises(EA Claims Made ❑ Occur occurrence) ``J' Med Exp General aggregate limit applies per: 3-2-2021 Personal Adv Injury N General Aggregate Policy ❑Project ❑ LOC Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Hired Autos Bodily Injury t/g (Per Accident) Non-Owned Autos Property Damage 2 (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence W Occur ❑Claims Made Aggregate t/g Deductible A Workers Compensation and WC 71949 01/01/2021 01/01/2022 X I WC Statu- OTH- Employers'Liability tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 > excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits 1 $1,000,000 I Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 80-65-323 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": O tJ Adventure Environmental,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working in:FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email certificates@lioninsurancecompany.com Project Name: INCLUDES USL&H.ISSUE 03-01-21 (KILT) 0) U Be in Date:3/15/2010 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to INSURANCE COMPLIANCE do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. P.O.BOX 100085-FX -- 3 DULUTH, GA 30096 .r - Packet Pg. 1295