04th Amendment 01/21/2015 •
AMY HEAVILIH, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
tc: MONROE COUNTY,FLORIDA
All
•
DATE: February 13, 2015
TO: Christine Hurley, Director of
Growth Management
ATTN: Mayra Tezanos
Executive Assistant
FROM: Lindsey Ballard, D.CJ'
At the January 21, 2014, Board of County Commissioner's meeting the Board granted approval
and authorized execution of Item GI Amendment No. 4 to the Agreement between Monroe County
(County) and Pumpout USA, Inc. (Contractor) for Keys-Wide Mobile Vessel Pumpout Service which is
scheduled to expire January 31, 2015, to: 1) extend the Agreement for two months through March 31,
2015, coinciding with the expiration of the DEP Clean Vessel Act (CVA) grant agreement amendment
between CVA and Pumpout USA, 2) provide for a payment to Pumpout USA for the two months of
service in the amount of $54,870.56, and 3) require invoicing documentation as described in the
Agreement, except that the documentation shall reference two months of service rather than one quarter.
Enclosed is duplicate originals executed on behalf of Monroe County,for your handling. Should you
have any questions,please feel free to contact me.
•
cc: County Attorney
Finance
File✓
500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663
3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fox:305-289-6025
88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146
AMENDMENT NO.4 TO AGREEMENT
BETWEEN PUMPOUT USA,INC.
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO. 4 TO AGREEMENT is made and entered into this 21st day of
January, 2015, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or
"BOCC") and Pumpout USA, Inc., a for profit corporation of the State of Florida(hereinafter"Contractor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys-wide
mobile vessel pumpout service for two years, including a quota of 1300 pumpouts per month at a cost of
$21.81 per pumpout based on an annual cost in the first year of service of$340,200.85; and
WHEREAS, the County established the pumpout program initially as a free service to customers in
order to optimize utilization of the service and gain compliance with existing No Discharge Zone regulations;
and
WHEREAS, Amendment No. 1 to the Agreement was approved on March 20, 2013 providing for
deletion of Section XII. Donations and Grams, and inclusion of Attachment H- Contract Provisions and
Attachment I- Contract Regulations to conform with requirements of the Florida Department of
Environmental Protection(DEP); and
WHEREAS, Amendment No. 2 to the Agreement was approved on July 17, 2013, to eliminate the
pumpout quota and per pumpout cost due to a slow startup of service, and allow for full quarterly payments
to be made to the Contractor; and
WHEREAS, recognizing that the original Agreement expires on December 31, 2014, the Board
approved Amendment No.3 to the Agreement on December 10, 2014 to extend pumpout service one
additional month through January 31, 2015 to provide time for CVA and the Contractor to determine
potential funding levels for CVA grant funding to the Contractor for the next year, and to ensure that the
County's Agreement for service coincides with the CVA grant agreement with the Contractor which expires
January 31, 2015; and
WHEREAS, CVA has identified unused grant funding that will allow CVA to extend their
agreement with the Contractor for an additional two months through March 31, 2015; and
WHEREAS, the Contractor has requested CVA to provide the two month extension through March
31,2015; and
WHEREAS, the County desires to extend its Agreement with the Contractor for an additional two
months through March 31, 2015 to coincide with the anticipated extension of the CVA agreement with the
Contractor, during which time CVA and Contractor will continue to evaluate the proposed pumpout service
budget for the next year; and
WHEREAS, the Contractor is encouraged to identify alternate funding sources to help supplant the
CVA funding for the next grant cycle and provide for any possible shortfalls in funding;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree
as follows:
1
I. The Agreement is extended for two months, with the term beginning February I, 2015, and ending
March 31,2015.
2. Provide for a payment to the Contractor of$54,870.56.
3. Require invoicing documentation as described in the Agreement, except that the documentation shall
reference two months of service rather than one quarter.
4. The remaining provisions of the Agreement originally dated December 12, 2012, and Amendments
No. I, No. 2 and No. 3 to the Agreement not inconsistent herewith,remain in full force and effect.
IN WITNESS WHEREOF,the parties have set their hands and seal on the day and year first above
i
4.
'yY HEAVILIN,CLERK BOARD OF COUNTY COMMISSIONERS
\' — O NROE C ,,FJ,QRIDA
/
i. a� .,, Y
Deputy Clerk ayo anny L. Kolhage
WITNESSES: ,/ PUMPO A, INC.
1. i CO 4�'V�—� By:
Print Name: Ce(la6• +Lill Vi $ Prin ame: D6✓44- )447.�-g--
2. ye,.�/� (�^ 6--`- Title: 0 cc.•vim
F-i Print Name: L(4arz0 DU4e c
• ... .OE COUNTY ATTORNEY
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A''PROVEO MIN—
STATE OF / /0f2.IDR' Date: — /Fitt
COUNTY OF MDo/0 t-
eal
n this S day of 2015 , before me the person whose name is subscribed
above, and who produce w n Itd-as identification, acknowledged that he/she is the
ers�ho executed the above Con e purposes therein contained.
Notary Public -e
Print Name ' MAYRA 7EZANOS
My commission expires: - �' Notary Public-Stale cl Florida al
Mr Comm.expose May 19.2616
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EE 166590
Bonded mrcuph Nalbnal Notary Assn.
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�� CERTIFICATE OF LIABILITY INSURANCE CAaResD )
1029/2014
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 POLCIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER
IMPORTANT: N the certificate holder le an ADDITIONAL INSURED,the pollcy(Ies)mud he endorsed. If SUBROGATION IS WAIVED,subject to
Ow terra and conditions of the policy,certain policies may reyuln an endorsement A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsemenNel-
resOUCER CONTACT
Walt
Acentria,Inc. P,,,.239-939-1010 raexm•239-939-7172
4091 l Bad.#100
Fort Myers
33988 ao esses certl8rates®tlmahew.com
FL
MUMMY APMMNG COVERAGE NNCtl
INSURER A:AmTnlat North Arne ite
RAMO PUMPOUT-01 INSURER•:
Pump Out USA INSURERC:
1150 Hwy 83 North INSURERo:
De Funlak Springs FL 32433
INSURER E:
INSURER P:
COVERAGES CERTIFICATE NUMBER:1924388503 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING MY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO NHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS MD CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE/MOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
MONROE COUNTY BOARD OF COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS.
1100 SIMONTEN STREET
KEY WEST FL 33040 AVM01®RENIrsBRATNE
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01988-2014 ACORD CORPORATION. All rights reserved
ACORD 26(2014/01) The ACORD name and logo ere registered marks of ACORD
MARINE CERTIFICATE OF INSURANCE
PRODUCER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Gallagher Charter Lakes ONLY AND CONFERS NO RIGHT UPON THE CERTIFICATE
3455 East Paris SE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Grand Rapids, MI 49512 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURED: COMPANY A AFFORDING COVERAGE:
Pump Out USA TRAVELERS PROPERTY CASUALTY COMPANY OF
1150 Highway 83 North AMERICA
Defuniak Springs FL 32433-3813 Policy# ZOL-1 4T73778 & SM00000694
Policy Term: 12/18/2013 — 12/18/2014
COMPANY B AFFORDING COVERAGE:
COVERAGES:
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.
DESCRIPTION COVERAGE DEDUCTIBLE
Marine General Liability 1,000,000 2,500
Per Occurrence 1,000,000 2,500
Advertising & Personal Injury 1,000,000 2,500
Aggregate 2,000,000 2,500
- - -----Fire Legal Liability 100,000 2,500
Medical Payments 10,000 0
Pollution Liability 1,000,000 2,500
DESCRIPTION: Marine General Liability and Pollution Liability
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
NAMED BELOW, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND
UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
CERTIFICATE HOLDER:
Monroe County Board of County Commissioners
1100 Simonton Street
- Key West, FL 33040
Authorized Agent: BV v Date: December 2, 2014