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Item I1BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 17, 2014 _ Division: Growth Management Bulk Item: Yes _ No X Department: Marine Resources Office Staff Contact Person/Phone #: Richard Jones/289-2805 AGENDA ITEM WORDING: A report to the Board, providing documentation associated with the annual audit requirement described in Sec. XVII of the December 12, 2012 Agreement with Pumpout USA (Contractor) as amended on March 20, 2013 and again on July 17, 2013, including an Agreed Upon Procedures Report and an Independent Accountants' Compilation Report, detailing reporting procedures performed by the accountant and the revenue and expenses incurred by the Contractor for the operation of the mobile vessel pumpout service in 2013. ITEM BACKGROUND: The Board approved an Agreement with Pumpout USA on December 12, 2012 (Attachment No. 4), to provide keys -wide mobile vessel pumpout service in the unincorporated areas of the Keys. The Agreement provided for quarterly payments based on a per -unit pumpout price of $21.81 with a quota of 1300 pumpouts per month. Given the fact this was a start-up operation and it took several months to gain interest amongst the liveaboard boaters, as of July 2013 the Contractor had not met the 1300/month quota and the Board approved Amendment No. 2 to the Agreement (Attachment No. 5) deleting the pumpout quota and associated per -unit price to allow full payment to the Contractor, and directed the County Clerk's Office to perform an evaluation of the Contractor's performance over its first year of service (January -December 2013) in early 2014. At the March 2014 BOCC meeting the Board received the evaluation on the Contractor's performance from the County Clerk's Office (Attachment No. 7). Based on the number of pumpouts reported, the average cost of a pumpout in that time period was $40.41. Further, the Growth Management Division Director, Christine Hurley, utilized the Clerk's report to demonstrate that the monthly pumpouts increased with a corresponding decrease in price per pumpout (Attachment No. 8). At that meeting the Board mentioned the audit requirement described in Sec. XVII of the Agreement, and indicated the need for staff to evaluate that audit when received. The Contractor's independent accounting firm Carr, Riggs & Ingram, LLC. (Accountant) submitted a report to the County on May 30, 2014. Growth Management staff, the County Attorney's Office and the Senior Director of Strategic Planning have met several times over the last several months to discuss the audit requirements of the Agreement. Staff has recognized that the audit requirement in the initial Agreement was based on the original intent of the Contractor to perform pumpout service as a non-profit entity (initially National Marine Waste Foundation), in which case an audit would have been appropriate. However, based on the Contractor's business extending well beyond the provision of pumpout service to Monroe County, it would be un-necessary and overburdening for the Contractor to provide an audit of the entire business known as Pumpout USA. Further, staff recognizes that the primary intent of the Board, in regard to an audit, is to review the revenues and expenses of the Contractor in order to evaluate the value of the pumpout services provided within Monroe County. Based on coordination with the Contractor's Accountant, staff has provided as backup documentation two reports submitted by the Accountant, including an Agreed Upon Procedures Report (Attachment No. 1) and an Independent Accountants' Compilation Report (Attachment No. 2). Also provided is a Pumpout Service Summary (Attachment No. 3) describing monthly/quarterly pumpout totals and per - unit cost to the County, as well as the Contractor, for services provided in 2013 and the first two quarters of 2014. Staff will discuss the various documents during the report to the Board. Also, the term of the Agreement is for two years (ending December 31, 2014), and the County has the option to renew the Agreement for two additional two-year periods. Staff will seek direction on renewal of the Agreement. PREVIOUS RELEVANT BOCC ACTION: December 2012- Approval of Agreement with Pumpout USA March 2013- Amendment No. 1 to the Agreement with Pumpout USA July 2013- Amendment No. 2 to the Agreement with Pumpout USA CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Discuss and advise on Agreement renewal TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # Attachment No. 1 Carr, Riggs & Ingram, LLC A 1113 Mahan Drive CRI RIG63 ` I N G RA M Tallahassee, FL 32308 CPAs and Advisors (850) 878-8777 (850) 878-2344 (fax) www.cricpa.com INDEPENDENT ACCOUNTANTS' REPORT ON APPLYING AGREED -UPON PROCEDURES July 21, 2014 To the management of Pumpout USA, Inc. and Monroe County officials We have performed the procedures enumerated below, which were agreed to by Pumpout USA, Inc., and Monroe County officials, solely to assist you with respect to the accounting records of Pumpout USA, Inc., for the year ended December 31, 2013. Pumpout USA, Inc.'s management is responsible for the company's accounting records. This agreed -upon procedures engagement was conducted in accordance with attestation standards established by the America Institute of Certified Public Accountants. The sufficiency of these procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the procedures described below either for the purpose for which this report has been requested or for any other purpose. Our procedures and findings are as follows: I. We selected a sample of invoices and the underlying expense records provided by Pumpout USA, Inc., as it pertains to the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. ("the Agreement"). We tested the clerical accuracy of these sampled invoices without exception. 2. For the sampled invoices, we examined the labor rates used and traced them into the executed agreement without exception. 3. For the sampled invoices, we examined the labor hours reported and traced them into the hourly logs maintained by management of Pumpout USA, Inc. without exception. 4. For the sampled invoices, we traced a sample of labor hours reported into the weekly payroll service reports provided by a third party payroll service without exception. 5. For the sampled invoices, we selected a sample of direct expenses reported and vouched the costs to original receipts without exception. 6. We agreed total salaries and related payroll costs per the general ledger of Pumpout USA, Inc. to the W-2's and payroll recaps for 2013 within an immaterial difference of approximately $1,200. We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion on the accounting records. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of Pumpout USA, Inc. and Monroe County officials and is not intended to be and should not be used by anyone other than those specified parties. r Carr, Riggs & Ingram, LLC Attachment No. 2 C A R R RIRIGGS & CINGRAM July 21, 2014 Carr, Riggs & Ingram, LLC 1713 Mahan Drive Tallahassee, FL 32308 (8501878-8777 (8501818-2344 f lax) INDEPENDENT ACCOUNTANTS' COMPILATION REPORT wwLv-crlrPa,com To Captain Donald Brown, Stockholder Pumpout USA, Inc. Defuniak Springs, Florida We have compiled the accompanying schedule of revenues and expenses associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. for the year ended December 31, 2013. We have not audited or reviewed the accompanying schedule of revenues and expenses associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. and, accordingly, do not express an opinion or provide any assurance about whether the schedule of revenues and expenses associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. is in accordance with accounting principles generally accepted in the United States of America. Management is responsible for the preparation and fair presentation of the schedule of revenues and expenses associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the schedule of revenues and expenses associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of a schedule of revenues and expenses associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the schedule of revenues and expenses associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. r Carr, Riggs & Ingram, LLC Pumpout USA, Inc. Schedule of Revenues and Expenses Associated with the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. Year ended December 31 Revenue Monroe County $ 340,201 State of Florida 381.048 Total revenue 721 Expenses Advertising 12,073 Auto and truck expense 18,279 Bank Fees 2,959 Boat Shipping 5,612 Consulting 3,700 Credit card fees 261 Depreciation 48,755 Education 36,612 Employee benefits expense 5,503 Fuel 37,918 Insurance 29,153 Interest 2,893 Office 81 Other 5,560 Professional 15,156 Rent 31,914 Repairs and maintenance 68,530 Salaries and related taxes 239,445 Sewage Disposal 4,740 Storage/Docking 3,781 Supplies 268 Taxes 1,402 Travel and entertainment 7,551 Utilities 2,743 Total expenses 584,889 Net income $ 136,360 Note: Depreciation is calculated on the straight line basis using historical cost and estimated useful lives ranging from five to ten years. During the year ended December 31, 2013, the Company purchased $391,253 of equipment used in accordance with the agreement noted above, of which $48,755 was depreciated in the current period. The remainder of the cost, $342,498, is expected to be expensed over the remaining lives of the equipment. See independent accountants' compilation report. -2- "pout :Service Summary Quarterly Payment Pumpout USA Cost to Service Month Number of Cost per Pumpout p p Monthly Payment that would have been due Difference Revenue* Pumpout USA Vendor per Pumpouts based on Amendment. No. 2 according to initial from County and Expenses * Agreement CVA Pumpout 2013 Monroe County Pumpout USA January 0 $32,775.70 $32,755.70 February 94 $348.46 $32,755.70 March 204 $160.56 $32,755.70 1st Quarter Total 298 $329.76 $98,267.11 $6,499.38 $91,767.73 April 467 $57.56 $26,881.53 May 746 $36.03 $ 26, 881.53 June 776 $34.64 $26,881.53 2nd Quarter Total 1989 $40.58 $80,644.58 $43,380.09 $37,264.49 July 697 $38.56 $26,881.53 August 807 $33.31 $26,881.53 September 961 $27.97 $26,881.53 3rd Quarter Total 2465 $32.72 $80,644.58 $53,761.65 $26,882.93 October 1232 $21.82 $26,881.53 November 2013 1106 $24.30 $26,881.53 December 2013 1329 $20.22 $26,881.53 4th Quarter Total 3667 $21.99 $80,644.58 $79,977.27 $667.31 County $340,201 Year Total- 8419 Avg. Cost- $40.41 Total Cost- $340,200.85 CVA $381,048 $584,889 Avg.- $69.47 2014 Monroe County Pumpout USA January 1365 $21.32 $29,096.54 February 1420 $20.49 $29,096.54 March 1337 $21.76 $29,096.54 1st Quarter Total 4122 $21.18 $87,289.61 $87,289.61 $0 April 1481 $18.15 $26,881.53 May 1279 $21.01 $26,881.53 w June 1729 $15.55 $26,881.53 � Irt 2nd Quarter Total 4489 $17.96 $80,644.53 $80,644.58 $0 p 6 Mo. Total- 8611 Avg. Cost- $19.50 Total Cost- $167,934.19 not yet available o * denotes revenues and expenses as identified in the Independent Accountant's Compilation Report provided by Carr, Riggs & Ingram, LLC w Attachment No. 4 November 20, 2012 AGREEMENT for KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE between MONROE COUNTY AND NATIONAL MARINE WASTE FOUNDATION, INC. THIS AGREEMENT (Agreement) is entered into this I Zti, day of , 2012, by and between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida ("County" or `Board"), and Pumpout USA, Inc., a for profit corporation of the State of Florida ("Contractor"). WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with, and supportive of, the federal No Discharge Zone established by the Environmental Protection Agency and discharge regulations established by the Florida Keys National Marine Sanctuary; and WHEREAS, the County has created anchoring regulations, in coordination with the Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program, which include requiring vessel owners in managed anchoring zones to provide proof of sewage pumpout; and WHEREAS, it has been detennined that it is in the best interest of the residents of and visitors to the County that a contract for vessel pumpout services be entered into with a private provider of such services; and WHEREAS, Contractor desires to provide such services; and WHEREAS, the Contractor has applied for a Clean Vessel Act (CVA) Program grant through the Florida Department of Environmental Protection (DEP) and needs a portion of the funds from this Agreement as matching funds for the CVA grant; and WHEREAS, DEP, Contractor and County are coordinating activities to be performed by Contractor to assist with funding and invoicing and are anticipating a CVA grant agreement start date of January 1, 2013 which will commence the billable quarters; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: I. SCOPE OF SERVICES: Contractor shall be the exclusive provider of marine pumpout services for County in the unincorporated areas of the Florida Keys and shall also coordinate with County and FWC on sewage pumpout compliance within the managed anchoring zones established by the County_ A detailed Scope of Services is attached as Exhibit A. II. EFFECTIVE DATE AND TERM This Agreement shall be effective on the date above. However, the tenn of the Agreement shall be for two years from the effective date of the term of the CVA grant agreement between Contractor and DEP. It is anticipated that this date will be January 1, 2013. In the event the conditions of the CVA grant are not completed and the grant awarded, County has no obligation to pay the first quarterly November 20, 2012 payment until such completion, and will make the first payment if all conditions are completed by February 1, 2013 for the first quarter of the calendar year. County and Contractor may amend this date if necessary by separate amendment approved by the Board of County commissioners. In the event the grant agreement with DEP is not executed this Agreement is void. No work shall commence under this Agreement until execution of the CVA grant agreement. The Agreement is subject to continuous funding by DEP of the CVA grant. If the CVA grant is cancelled or becomes unfunded this Agreement is also cancelled, unless the parties amend it in the same manner as it was originally approved. The term of this agreement shall be renewable in accordance with Section V. III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. Contractor shall not charge customers of the pumpout service for its services. The County, in consideration of the Contractor satisfactorily performing and carrying out the objectives of the County as to providing mobile pumpout service, shall pay to the Contractor up to the sum of Three Hundred Forty Thousand Two Hundred and 85/100 DOLLARS ($340,200.85) in the first year and Three Hundred Twenty -Nine Thousand Two Hundred Twenty Three and 12/ 100 DOLLARS ($329,223.35) in the second year. County is not responsible for any payment or funding of this Agreement unless the CVA grant between DEP and Contractor is executed and funded. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination. Payment under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. IV. PAYMENT: .Payment will be made based on a unit price of $21.81 (Twenty-one and 81/100 Dollars) per pumpout (based on an estimated 1300 pumpouts per month) on a quarterly basis using the same schedule and quarterly dates used by DEP as follows: (a) To provide for start-up expenses, the first payment (of the first year) will be made at the beginning of the first quarter in advance in the amount of $98,267.11. At the end of the first quarter, Contractor shall provide a report with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, and 3) description of additional services or activities provided (as described in the Scope of Services). In the event the reported number of pumpouts and the associated cost for the number of the pumpouts performed is less than what was provided for in the pre -paid quarterly amount, the overage advanced for that quarterly amount will roll over into the next quarter as a credit to the County's next payment. (b) The second and following quarterly payments of the first year, in the amount of $80,644.58, will be made after services are rendered for that quarter and invoiced. Contractor shall provide an invoice acceptable to the Clerk, along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts November 20, 2012 performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, 3) description of additional services or activities provided (as described in the Scope of Services). If the available funds for the second quarter are more than County owes Contractor, excess funds shall rollover into the third quarter, and similarly from the third to the fourth quarter. In no event shall payment exceed the annual amount stated above. (c) Quarterly payments for the second year will be made after services are rendered for that quarter and invoiced. The first quarterly payment of the second year will be in the amount of $87,289.61. The second and following quarterly payments of the second year will be in the amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above shall apply. In no event shall payment exceed the annual amount stated above. (d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as described under the Scope of Work attached. If the cost to the County for the number of pumpouts performed in a quarter exceeds the funds available for that quarter the contractor is still obligated to perform the excess pumpouts at no extra charge to the County. (e) Travel and lodging are specifically excluded from payment or reimbursement. (f) In the event the amount owed by the County to Contractor is less than the amount available in any particular quarter the remaining funds shall be rolled over to the next quarter and will be available for payment in the next quarter. Unspent funds cannot be rolled over from one contract year to the next. Unspent funds shall belong to the County at the end of the contract term. (g) Contractor's final invoice must be received within sixty (60) days after the termination or expiration of this contract. Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk of the Board examines and approves the request for payment, the County shall reimburse the Contractor. The total of said reimbursement in the aggregate sum shall not exceed the annual total amount shown in Paragraph III. Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (h) must be provided): a. List of the Contractor's Board of Directors. .For each board member please indicate when elected to serve and the length of term of service; if Contractor is a sole proprietorship give name of owner(s) and length of ownership; b. If corporation, evidence of annual election of officers and directors; c. Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; d. Cooperation with County monitoring visits that the County may request during the contract year; and e. Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. November 20, 2012 V. RENEWAL: The County shall have the option to renew this agreement after the original term, for two additional two-year periods. VL CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate purnpout vessels and associated equipment and infrastructure. It is the Contractor's responsibility to maintain all permits and licenses that may be required. By signature hereon, the Contractor warrants that it is authorized by law to engage in the perform nance of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. VII. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgrnent and shall assume professional responsibility for the services to be provided. VIII. STAFFING: Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: A. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. B. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. IX. UTILITIES: The Contractor shall be responsible for payment of any utility charges associated with the mobile pumpout service. All utility accounts will be held in the Contractor's name. X. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. 4 November 20, 2012 XI. INDEMNIFICATION REQUIREMENTS: Notwithstanding any rniniinum insurance requirements prescribed elsewhere in this agreement, the CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that maybe asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees during the tern of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the tern of this Agreement, this section will survive the expiration of the tern of this Agreement or any earlier termination of this Agreement. In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. XII. DONATIONS AND GRANTS: The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor for the benefit of the pumpout service in Monroe County, Such donations or grants may be applied only to the operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any purpose, whether in or out of the County boundaries. Susan In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated funds available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 p.m,, excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of the Keys -Wide Mobile Vessel Pumpout Service in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing requirement, then the Contractor may not accept any donations from that entity. XIII. FACILITIES AND EQUIPMENT: The Contractor hereby accepts the use of any County facilities (e.g. dockage), equipment or infrastructure that may be provided for use in conjunction with the Keys -Wide Mobile Vessel Pumpout Service in "as is" condition, and the Contractor shall allow the County to inspect said facilities and November 20, 2012 equipment at any reasonable time. In addition, all operating supplies and any additional equipment such shall be the responsibility of the Contractor. XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS; The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy himself that such facilities and/or equipment are suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and equipment conveyed to, or provided for the use of, the Contractor. The Contractor shall maintain County dockage, or other facilities, and all equipment in a clean, safe and sanitary manner. XVI, NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. XVII. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and November 20, 2012 timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55,03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels at any reasonable time. XVIII. PUBLIC RECORDS: The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XIX. BREACH OF TERMS BY CONTRACTOR: The passing, approval, and/or acceptance by the County of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Any Contractor breach of this agreement shall be governed by the article below on tennination for cause. The Contractor agrees that the County Administrator may designate representatives to visit any facilities or offices utilized by the Contractor periodically to inspect Contractor's maintenance of vessels and equipment. The Contractor agrees that the County Administrator may designate representatives to visit the facilities or offices periodically to conduct random open file evaluations during the Contractor's normal business hours. XX. TERMINATION WITHOUT CAUSE: The County may terminate this agreement without cause by providing the Contractor with written notice of termination at least thirty (30) days prior to the date of termination. Compensation shall be paid to Contractor through the end of provision of services or for the thirty (30) days, whichever is shorter. XXI. TERMINATION WITH CAUSE: The County may tenminate this agreement for cause if the Contractor shall default in the perfonnance of any of its obligations under this agreement. Default shall include the occurrence of any one of the following events and same is not corrected to the satisfaction of the County within fifteen (15) days after the County provides the Contractor with written notice of said default: a. Failure to provide pumpout services to liveaboards as described in this contract. b. Failure to comply with local, state, or federal rules or regulations pertaining to the operation of pummpout vessels or the handling and/or treatment of vessel waste. November 20, 2012 c. Breach of any other term, condition or requirement of this agreement. XXII. ASSIGNMENT: The Contractor shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board 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 agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XXIII. COMPLIANCE WITH LAW: In providing all services pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the contractor. The contractor shall possess proper licenses to perform work in accordance with these specifications throughout the tenn of this contract. XXIV. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfori-nance of services required by this contract, as provided in Sect 112311, et. seq., Florida Statutes. B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and all contracts with Monroe County, C. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not Iimited 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. XXV. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or mare it a guarantor of payment or surety for any contract, debt, obligation, judgment, Iien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. November 20, 2012 XXVI. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and Growth Management Director and County Attorney 1100 Simonton Street 2798 Overseas Hwy. 1111 12"' St., Suite 408 Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041 FOR CONTRACTOR: Donnie Brown, Purnpout USA _ 1150 Highway 83 North _ DeFuniak Springs, Florida 32433 XXVII. TAXES: The County is exempt frown payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. XXVIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts inade and to be perforined entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to arbitration. XXLX. PUBLIC ENTITY CRIME STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for 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 amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being; placed on the convicted vendor list. (CATEGORY TWO: $35,000.00). 9 November 20, 2012 XXX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name. (b) He or she is empowered to act and contract for Contractor. XXXI. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXXII. ATTORNEY'S FEES AND COSTS The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. XXXIII. BINDING EFFECT The terns, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. XXXIV. AUTHORITY Each party represents and warrants to the other that the execution, delivery and perfornance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. XXXV. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no parry to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 10 November 20, 2012 XXXVI. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. XXXVII. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. XXXVIII. NON -RELIANCE BY NON-PARTIES No _person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. XXXIX. 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 COUNTY in his or her individual capacity, and no member, officer, agent or employee of COUNTY shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. XL. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. H11 November 20, 2012 XLI. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. XLIL INSURANCE POLICIES Contractor shall furnish proof of insurance prior to execution of this Agreement by the County. Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage shall be considered a valid reason for County to terminate this Agreement. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. 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. 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 find upon request from the County. a) General Insurance Requirements for Other CONTRACTORS and Subcontractors: As a pre -requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. CONTRACTOR shall ensure that any and all sub -contractors maintain the same types and amounts of insurance required of CONTRACTOR. The COUNTY shall be named as an additional insured on all subcontractors' liability policies. Upon request of COUNTY, CONTRACTOR shall provide such evidence of insurance required of the subcontractor. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre -staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. 12 November 20, 2012 The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: Certificate of Insurance or • A Certified copy of the actual insurance policy, The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non -renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 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 unposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as "Additional Insured" on all policies, except for Workers' Compensation. b) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the following insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: Insurance Requirement Required Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Recognizing that the work: governed by this contract involves Maritime Operations (not to be associated with Longshoremen's Insurance) , 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) with limits not less than $1 Million. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: 13 November 20, 2012 $200,000 per person $300,000 per occurrence $200,000 property damage Pollution Liability S 1 Million per Occurrence Recognizing that the work governed by this contract involves the storage, treatment, processing, or transporting of potentially polluting material, the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which wilt respond to bodily injury, property damage, and envirommental damage caused by a discharge of wastes which are governed by this contract. The policy must specifically identify this contract and specify that coverage will extend to all losses, claiming pollution or environmental impairment, arising out of the services governed by this contract, The minimum limits of liability shall be: $1 Million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required. Monroe County and its Board of County Commissioners shall be named as an Additional Insured. Watercraft Liability $1 Million Combined Single Limit (CSL) Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with terns no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a miniinuin: • Injury (including death) to any Person • Damage to Fixed or Movable Objects • Costs Associated with the Removal of Wrecked Vessels • Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $1 Million Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. Monroe County and its Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 14 November 20, 2012 XLIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. IN WMTNESS WHEREOF the parties hereto have executed this Agreement on the day and date first Whtten above'`in four (4) counterparts, each of which shall, without proof or accounting for the other counteiparts, be`deelned an original contract. (SEAL) Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS Y Q OF MO OE COUNTYILOIDA B 1 �."� By: Deputy Clerk'Mayor 6earge eugent M0)N OE COUNTY ATTORNEY A P OV 0 A5 TO F RM 1 PUMP T`USA, INC. By: C9 CA Print name and title: WITNESS Print name: Af Vk &A t L_.. 9Ae- r STATE OF V COUNTY OF{�(i,� On this -.'�Lday of l l' "2 1 Obefore me the person whose name is subscribed above, and who produced ila�entification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. o y Pu lie Print Name = ' � ....� SUPRME ALFQRQ my C"M"11 1 11 N # FE 24991 My commission expires: Seal 3, e; ,;O= EXPIRES: seVW6-r9, 2014 flyty♦ 15 Novenitier 13, 2012 LOBBYING AND CONFLICT OF INTEREST CLAUSE ETHICS CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA :�A , /A/f"-, -- "...warrants that helit has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No, 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration pei to the former County officer or employee." Date STATE OF., COUNTY OF:-&w Subscribed and sw orn to (or affirmed) before (date) by V) _ (name of affiant). He/She is personally known to me or has produced A , A r. j"— s r , .>i -�Y (type of identification) as identification, ^` NOTARY PUBL My Commission Expires: j . am/ 16 E EE AUGILL� of ikoridaIW fS t 7 2014sL r 1,10 November 13, 20I2 ON-COLLUSIOi� I, ) tf S&6:?61 .r-C of the city of o according to law on my oath, and under penalty of perjury, depose and say that a. I am_._,..� L,A A�-�of the firm of the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority do so; b, the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; G. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d, no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. STATE OF: COUNTY OF the statements containedt in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. J Date: Subscribed IIandsworn to (or affirmed) before me on - � 0 o a. (date) by C f i�1.rJc"!; ' 1- �1__1 1 -�'f „ I ! LL,r. (name of affiant). HelShe is personally known to me or has produced � �-.. ` (� s as identification. o4c,irPaj �,' PEGGY A. THRkANIIU r�• ` ' Nowy �'�,blie • stale of Flotilla Co hiy Gomm fxplres Any 77nta ifM i(IS'•`'CoInqJJ$ Stoll tl Lc. c.t[ Jc _ r,-n 2 �1 (type of identification) --44 NOTARY PUBLIC'--'L My Commission Expires 17 N'ovcnibcr 13, 2012 Theundersigned ve ers ;,Iv + (Name of Business) DRUG -FREE WORKPLACE FORM ordance with Florida Statute 287.087 hereby certifies that: 1, Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition, 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1), 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. /7 As the person authorized to sign the statement, I requirements. A STATE OF Date: To complies fully with the above Subscribed and sworn to (or affirmed) before me on �I - (� c� / (date) by _)Cs 0 C aY o tr 1 y l ! (name of affiant). He/She is personally known to me or has produced e- iv 1 I)t-k C.�-1_.- (type of identification) as jen&Ati n PEGGY A THREADGILL 7, a Notary P011c - Stale (if Florida My Comm Fx0res Apr P. 2014 I �i,�su•e f _ 'A -NOTARY PUBLIC My Commission Expires: '��• r l' 18 November 13, 2ot2 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287 017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor fist," I I have read the above and state that neither dN Ci/5_G'• ,dAA&tAI (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within fhe I�st 36 months. (S STATE OF: (J COUNTY OF: _r� Subscribed and sworn to (or affirmed) before me on by ti,'1 �`� � t ,� rul n •� _ (name of affiant), He/She is personally known to me or has produced - ` Ec'9 �L� '.�' /`yL LLLi ct� �_ (type of identification) as identification. NOTARY PUBLIC My Commission Expires: ��r '7, pEGGY A. TNTTEADGILL '�• �`+� pOtary F;rnlle Stale 01 Flalda a• � '8 MY rDtfl[il Fxp[t65 Ate' ^(11t .'� r Ctivi+e[Ssmu N 1311 `��+Ai i,ii,•�•,• 19 Novemher 13, 2012 Respondent's Insurance and Indemnification Statement Insurance Regtflrement Regnired Limits Worker's Compensation $100,000 Bodily Injury by ,Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each ewployee Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (4( U.S.C,A. subsection 688) with limits not less than $1 Million. The Contractor shall be permitted to provide .Ioncs Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workcrs Compensrtion policy. General Liability $300,000 Combined Single Limit If split limits arc provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Vehicle liability $300,000 Combined Single Limit If'split limits are provided, the; nlinimurn limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property claniage Pollution Liability $I Million per Occurrence Recognizing that the work governed by this contract involves the storage, treatment, processing, or transpoirting of potentially polluting material, the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property danrage, and environmental da►nage caused by a discharge: of wastes which are governed by this contract. The policy must spceiiically identify this contract and specify that coverage will extend to all losses, claiming pollution or cnvirornliental impairment, arising out of the services governed by this contract. The minimmn limits of Liability shall be: $1 Million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required, The Monroe County Hoard of County Commissioners shall be named as an Additional Insured. 20 November 13, 2012 Watercraft Liability $1 Million Coinhined Single Limit (CST.) Prior to the commenccinent of work governed by this contract, the Contractor shalt obtain Water Craft Liability Insurance with terms no less restrictive than those: found in tilt`, standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a ininini-rim: • Injury (including death) to any Person • Damage to Fixed or Movable Objects • Casts Associated with the Removal of Wrecked Vessels • Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The winintium limits acceptable shrill be: $1 Million Combined Single Linlit (CSi Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. Tlie Monroe County Board of Coutlty Commissioners shall be ilanicd as Additional Insured oil all policies issued to satisfy the above requirements, INDEMNIFICATION AND HOLD HARMLESS FOR CONSUL _TA NT§j AND SUBCONSULTANTS Notwithstanding any minimum Insurance requirements prescribed elsewhere In this agreement, the Respondent covenants and agrees that he shall defend, indemnify and .hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (I) any claims, actions or causes of action, (H) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, Initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (S) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in any tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it undertakes under the terms of. this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or orriisslons of the COUNTY or any of its employees, agents, contractors or invitees (other than RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project (including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. In the event the work under this Agreement Is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10,00) of remuneration paid to the Respondent 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 agreement. RESPONDENT'S STATEMENT 21 November 13, 2012 I understand the insurance that wilt be mandatary it avaarded the contract and will comply in full with all the requirements. _-- I I; - III �-.I, .j/ate�- Respondent Syg ature' pate EXHIBIT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of unincorporated Monroe County within the Florida Keys. The pumpout service is provided to reduce or eliminate environmental impacts associated with the illegal discharge of sewage from vessels, and further enable compliance with regulations of the federal No Discharge Zone and vessel restricted areas (i.e. Managed Anchoring Zones) in Monroe County. The following sections describe the Scope of Work and Deliverables for the provision of mobile vessel pumpout service. Section A: Scope of Work Mobile Vessel Pumpout Service The Pumpout USA will provide mobile vessel pumpout service consisting of a minimum of six marine pumpout vessels to service (i.e. pumpout) vessels located in the unincorporated areas of Monroe County. Each of these six marine pumpout vessels will work 8 hours per day, 5 business days per week in the areas designated on the attached Mobile Pumpout Service Coverage Map (Attachment 1)_ Each pumpout vessel placed into service will be capable of servicing up to twelve vessels per day and each will be trailerable to locate to other service areas, as needed. The pumpout service, provided at no charge to all recreational vessels in the unincorporated waters of Monroe County within the Florida Keys (up to once per week), will be provided to anchored -out vessels. Pumpout USA may also provide service to vessels at marinas (with priority given to marinas without pumpout facilities), but only after all anchored -out vessels are serviced. The first priority of each pumpout vessel (if services are phased -in) will be servicing anchored vessels located in established Managed Anchoring Zones, as identified in the attached County anchoring ordinance (Attachment 2), Pumpout USA. will provide service to vessels anchored in Managed Anchoring Zones, whether registered for pumpout service or otherwise, in accordance with the frequency described in the County anchoring ordinance. Pumpout USA will also provide as -needed pumpout service to vessels located outside of Managed Anchoring Zones, whether registered for pumpout service or otherwise. If the County anchoring ordinance establishing the Managed Anchoring Zones expires, Pumpout USA will provide service throughout unincorporated Monroe County on an as -needed basis. Vessel owners will be encouraged by County and Pumpout USA to register for routine pumpout service (see Registration of Customers below), which will assist in streamlining the service through the utilization of `identification decals' indicating participation in the pumpout program and orange flags to be flown when in need of a pumpout (decals and flags to be provided by Pumpout USA). Vessel waste will be offloaded and properly disposed of utilizing fined pumpout stations located throughout the Keys, and when necessary hauled out by licensed haulers. 2. StaffinQ Pumpout USA, at its own expense, will provide all personnel required to perform this contract and all personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. Pumpout USA personnel shall not be employees of or have any contractual relationship with the County. The Contractor will provide vessel operators and a Project Manager .that has extensive experience and training in the pumpout industry. The Project Manager will maintain an office at Mote Marine Laboratories in Summerland Key and his/her primary duties will include; • Coordinating pump -out schedules • Registering customers for service • Obtaining registrants' contact information and location for pump -out service • Contact point for FWC concerning "Proof of Pumpout" of vessels located in Managed Anchoring Zones, and to assist in identifying derelict vessels and vessels exhibiting pre -derelict conditions (as described in the County anchoring ordinance). The Pumpout Vessel Operators are employees of the contractor and duties are: • Operate pumpout vessel on a weekly schedule within their designated service areas. • Maintain a supply of identification decals and orange pumpout flags. • Maintain a written daily log identifying date, miles traveled, pumpouts performed, gallons pumped from each vessel, and fuel purchased with receipt for reporting and reimbursement purposes. 3. Registration of Customers Registration forms for participation in the program will be made available online through the Pumpout USA website. Additionally, registration forms will be made available at various sporting -goods retailers, the Monroe County Marine Resources Office, various marinas, and directly from pumpout vessel operators in the service areas. Registration to participate in the program is free for recreational vessels. The participant submits his/her registration information, which will be entered into the service schedule. Upon the First visit by the pumpout vessel the pumpout vessel operator will affix the identification decal to the bow of the vessel (adjacent to the state vessel registration decal location), and attach the orange service banner to the bow rail. A service schedule for each pumpout vessel placed in service will be made available on the Pumpout USA website. The registration forms provided on the website will request the mooring location of the vessel (gat/long), registration number and state, size and type of the vessel, the name of the vessel, and a point of contact for the vessel. The registration form must be signed by the vessel owner and/or captain and allows the Pumpout USA pumpout vessel operator pet -mission to pumpout the participating; vessel and board the vessel, if necessary. 4. Public Education Pumpout USA will develop a website, public education materials, instructional materials, marketing materials, and registration packets in support of the mobile vessel pumpout service program. All educational materials will focus on the importance of clean water and the impacts of sewage discharge into the environment. These materials will be made available online through the Pumpout USA website and distributed to participating marinas, local sporting goods merchants, Monroe County Offices, and FWC where they can be accessed by vessel owners and be distributed by FWC and pumpout vessel operators. The Project Manager (or his/her designee) will also participate in, and promote clean water through this pumpout service at public gatherings, marina meetings, Fishing Clubs, Civic Organization Meetings, Secondary Education Science Classes, etc. S. Coordination with County staff and FWC Pumpout USA will identify to the FWC any derelict vessels or pre -derelict condition vessels, as well as anchored vessels that are not participating in the program or requesting pumpouts. Each pumpout vessel operator will give special attention to vessels in Managed Anchoring Zones and will communicate daily to the Project Manager for FWC reporting. Section B: Deliverables 1. Monthly Pumpout Logs Signed monthly pumpout logs will be submitted, specific to each pumpout vessel and broken down by service area, indicating the number of pumpouts performed, volume of sewage pumped out, and number of individual vessels pumped out. 2. Quarted y.Reports Pumpout USA will submit signed, notarized quarterly reports showing: • Number of pumpouts performed in each service area (including number of out of state vessels) and total for the Keys • Gallons of sewage pumped from each service area and total for the Kcys • Total number of individual vessels pumped out • The routes and locations of the pumpout vessels • Gallons of fuel used in support of program • Education and outreach activities 3. Invoicing Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each quarter's payment, as stipulated in the contract. The invoice cost (as described in the contract) will be based on a per unit rate. Mobile Pumpout Service Coverage Map Keys -Wide Area Data Source: Monroe County - Marine Resources - G1S Land Municipality Jurisdictional Waters Mobile Pumpout Service Coverage Map Key West Area Garrison Bight Mooring Field (excluded) , Key West Harbor L S Data Source: Monroe County - Marine Resources - GIS 4w 41�1'- Mobile Pumpout Service Coverage MjP4 Villar ,6 Islamorada Area o Vi 75 Monroe County - Marine Resources - GIS 90 La n d Municipality Jurisdictional Waters Mobile Pumpout Service Coverage Map Marathon and Key Colony Beach Areas 2 0 50 w L S Data Source: Monroe County - Marine Resources - GIS Land Municipality Jurisdictional Waters CERTIFICATE OF LIABILITY INSURANCE DATEIMMIDDIYYYY) r,,./20,3 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 pollcyties) must be endorsed. If SUBROGATION IS WAIVED, su4ject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate holder In lieu of such endorsements . PRODUCER CONTACT _NAME: Acentria, inc - Ft. Myers Office PHONE - Faxv- 4091 Colonial Blvd IAIc No. uq:239-9 9-1010 Fort Myers FL 33966 aD RIL s: {�timsh ORDINGCOUERAGE i NAiCp �.--------- _.._.—...._—_--------._...._ INSURER A: nk—1 36161 INSURED PUMPUSA-01 INSURE Re -- .. --- — —_—......--------._... - PUMPOUTU.S.A., INC INsuRER C� 1 1150 HWY 83 N De Furliak Springs FL 32433 INSURFRD: -------- .,,...._,,.._._.._.-_._..........-.L- COVERAGES CERTIFICATE NUMBER--4OAr'.1-317n 0C1/IQtr1AI K]"Aaaccl. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEO TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT €WTH 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 CONOITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY 5%P LTR TYPE of INSURANCE IN R l ViVD POLICY NUMBER i MMIDONYYY E MM DnNYYY I LIMITS A GENERAL Y jY ZOL14T73T78 11211812012 1211812013 EACHOCCURRENCE I51.00A,000 ---I COMMERCIALENELIAOILITY '-tiAMAGYO�RNTE6 i CLAIMS -NAPE I I OCCUR r I MEDEXP(Anyone Marino i erson 151D 000 IX , Liail PERSONAL & ADV INJURY 5i,000,000 I � GENERAL AGGREGATE 1 52,000,000 OWL AGGREGATE LIMIT APPLIES PER, I — k PRODUCTS_- COMPIOP AGG 52 000 y ?X-- POLICY I ! PRO - ! LOC l k I - . ✓- 000 5 __.__ __,._................... i AUTOMOBILE LIABILITY (Ea l ANY AUTO !� BODILY INJURY (Perpersoni I s �5 1ALL OwNEO l SCHEDULED .I i....__AUTOSAUFOS HIRED AUTCS AUTOS I 4z ----------.—..- - e ._; r! I- (PPReOr PeRcEcideYglbAMAGrE a cc ........-.-.-..--..._.... ___..... 5 UMeRELLALIAB I CCCURLAIMS-MADE r k r 1 EACHQCCURRENCE 5 EXCESS UAB f ---- -- 4 AGGREGATE - I - -- S l l DED RETENTIONS i5 RKERS COMPENSATIONjj LIABILITY ! Y! N I ANY P UT{VE DO CER/LOYE ER EX ABILITY 'l I � I N I A ! i i j V,CSTA IT IDTR•I 1 _. _TORY. LIMITS_(_ ER_J_ i E.L. EACH ACCIDENT ..... ...... k$ lory In NHl IMaI E( 4S, desrnbe under I r E L, DISEASE EA FMPLOYE --._ - - _- —__ s DESCRIPTION OF OPERATIONS helaa I I ' II E L DISEASE - POLICY LIMITS A !Vessel Liabilityty IIY Pollution Liab111ty ! �Y SM00000582 1211812012 �12/1812013 Vessel Lab1,OOO,p00 e I i i j i !Medical 5,000 DESCRIPTION OF OPERA71 DNS I LOCATIONS I VERICL ES IAIIAch ACORD 401, Additional Remarks Schedule, if more space is required) Cert holder is afforded additional insured coverage with regards to Marine and Vessel liability r rr r�,n r ti, r-�v�u �rti I:Hr1k ML ..W I IVn Monroe County Board of County Commissioners 1100 Simonton St, Room 2268 Key West FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORI2ED REPR£SENTATiVE V 1968-201U AGORI7 CORPORATION. All rights reserved, ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD PUMPOUT-01 MARTIN �•��,' '`�• CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDWYYYYI 119/2013 _ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIIICATE 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 poilcy(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 certlflcate does not confer rights to the certificate ho€dor In lieu of such endorsement(s). PRODUCER Acentria, Inc - Destin Office '4634 Guifstarr Drive Destln, FL 32541 CONTACT NAME: PHONE we No: 850 650 92$$ ArC No Ext :(850 ) 650-1950 ( ) ADDRESS: INSURERIS) AFFORDING CCVERAGE NAIC X INSURER A:Teehnology Insurance Company, Inc. 42376 INSURED INSURER 8: INSURER C- Pump Out USA 1150 Hwy 83 North De Funiak Springs, FL 32433 INSURER D: INSURER E € INSURER F : L.V VGrtAUro L tm E iFiuA I E 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 PER(OD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1N9R LTR TYPE OF INSURANCE N POLICY NUMBER EFF MtOiElDOYIYYYY) tAhVt]EVYYxYY LIMITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑ OCCUR -JFr6-R PRREMI5Mi SES Ea oceurrence $ MED EAP (Any one person) S PERSONAL a ADV INJURY S GENERALAGSREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER' PRO- POLICY 71 LOC PRODUCTS -COMP/OP AGG S s ( -` \ AUTOMOBILE LIA13LITY 1 !� Ea acridont EN LI 1 S BODILY INJURY (Per pamon) 5 ANY AUTO ALLO'ANED SCHEDULED AUTOS AUTOS NON-CINNE D HIREDAUTOS AUTOS - '� •` 1 l BODILY INJURY (Per acadml) $ PERACCIOENT E S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS UAG CLAIMS -MAD€. AGGREGATE S DFO RETENTION$ S A WDRKERS COMPENSATION AND EhMPLOYER5' LIABILITY y t N ANY PROPRIETORlPARTNERfEXECUTIvE CFrICERrMEM8ER EXCLUDED? N f A X TVVC3336203 10/12/2012 10/12/2013 X WC S7A7U• X OTH- T RY LI ITS R E,L.EACHACCIDENT —. 5 1,000,00a E L. DISEASE - EA EMPLOYEE 5 1 ,000,000 (Mandatory In NH) It yes, deso to under E.L. DISEASE-POLICYLIMIT S 1,000,000 DESCRIPTION OF OPERATIONS below — DESCRIPTION OF OPERATfONS t LOCATIONS t VEHICLES (Attach ACORD te9, Additional Rema" Sched0e, if more space Is requfravdl I I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE SMITH THE POLICY PROVISIONS. Board of Monroe County Commissioners AUTHORIZEDREPRESENTAnVE Room Simonton St 1 (I � l , Room 2268 fl!] Kev West. FL 33040 ACORD 25 (2010105) © 1988-2010 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD All rights reserved. Attachment No. 5 AMENDMENT NOA TO AGREEMENT BETWEEN PUMPOUT USA, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT NO.1 TO AGREEMENT is made and entered into this 20th day of March, 2013, 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; and WHEREAS, the Agreement requires the Contractor to secure a grant agreement with the Florida Department of Environmental Protection (DEP) Clean Vessel Act Program; and WHEREAS, a grant agreement between the Contractor and DEP was executed on January 31, 2013; and WHEREAS, regulations of the DEP grant program require certain provisions to be included in the DEP grant agreement; and WHEREAS, DEP has requested the County to amend its Agreement with Pumpout USA to provide for these provisions; and WHEREAS, these provisions do not materially alter any other provisions of the Agreement; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree as follows: Section XII. DONATIONS AND GRANTS of the Agreement dated December 12, 2012, is hereby deleted. 2. Attachment H: Contract Provisions and Attachment 1. Regulations are hereby attached as exhibits to the Agreement dated December 12, 2012, and are hereby part of the Agreement 3. The above Sections 1, and 2. shall be retroactive to December 12, 2012. 4. The remaining provisions of the Agreement dated December 12, 2012, not inconsistent herewith, remain in full force and effect. Remainder of this Page Intentionally Left Blank SFRPC ILA Amendment 1-28-2013 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: AMY HEAVILIN, CLERK Deputy Clerk WITNESSES: Print/ ame: 1� �10A 2. Print Name: m'-l"J''XL", STATE OF ti COUNTY OF BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayof George Neugent PUMPOUT,OSN, INC. By: Print Name: (A� Title: (N c On this 1 )4day of 201 before me the person whose name is subscribed above, and who produced as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public Print Name My commission expires: Seal MENDY L. MILLER M -OMASSS�011 # Ef 1 1723 yr YCOM&ISSION#EEI1723 E RES, 0 XPIRES: OcWber 4, 2014 ------------------- -Aq"()E C011NTY ATTORNEY 'PPROVEQ AS FORM 1Date: SFRPC ILA Amendment 1-28-2013 2 ATTACHMENT H Contract Provisions Alt contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti -Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti -Kickback° Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by .Loans or Grants from the United States"). The Act provides that each contractor or subrecipient shall be 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 is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a-7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U,S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to 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 I % times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 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, DEP Agreement No, MVXXX, Attachment H, Page l of 3 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq,) and the Federal Water Pollution Control fact as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti -Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall 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 shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549, Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and subgrants of amounts in excess of S100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C, 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S-C. 6101-6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title V111 of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (i) the requirements of any other nondiscrimination statute(s) that may apply. 11. Compliance with the requirements of Titles I1 and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501-1508 and 7324 -- 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. DEP Agreement No. MVXXX, Attachment H, Page 2 of 3 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 1 I988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 e€ seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 15, Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.D. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et $eq.). 17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18, Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C, 4801 et seq.) that prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 20, Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 21. Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions of the Drug -Free Workplace Act of 1988 (Public Law 100-690, Title V, Sec. 5153, as amended by Public Law 105-85, Div. A, Title V111, Sec. 809, as codified at 41 U.S.C. § 702) and DoC Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for Drug -Free Workplace (Financial Assistance)" published in the Federal Register on November 26, 2003, 68 FR 66534), which require that the recipient take steps to provide a drug -free workplace, 22. Compliance with the Buy American Act (41 U.S.C. 10a-10c) By accepting funds under this Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933, popularly known as the "Buy American Act." The Grantee should review the provisions of the Act to ensure that expenditures made under this Agreement are in accordance with it. It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement should be American -made. 73. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By accepting funds under this Agreement, the Grantee agrees to implement the requirements of (g) of section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(g). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MVXXX, Attachment H, Page 3 of 3 ATTACHMENT I REGULATIONS Formal regulations concerning administrative procedures for Department of Interior (DOI) grants appear in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work erformed under this A eement. General 43 G.F.R. 17 Nondiscrimination in federally assisted 2rograms of the DOI Grants and Other Federal Assistance 43 C.F.R. 12 Subpart C - Uniform administrative requirements for grants and cooperative agreements to state and local overnments 43 C.F.R. 12 Subpart F - Uniform administrative requirements for grants and agreements with institutions of hi her education, hospitals and other nonprofit organizations 43 C.F.R. 18 New restrictions on lobbying 43 C.F.R. 43 Government wide requirements for drug -free workplace Other Federal Regulations 2 C.F.R. 1400 Sus ension and Debarment 48 C.F.R. 31 Contract Cost Principles and Procedures Office of Management and Budget Circulars A-21 (2 CFR 220) Cost Principles for Educational Institutions A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments A-122 (2 CFR 230) Cost Principles for Non -Profit Organizations A-133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. MVXXX, Attachment I, Page { of I Attachment No. 6 AMENDMENT NO.2 TO AGREEMENT for KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE between MONROE COUNTY AND PUMPOUT USA, INC. THIS AMENDMENT NO. 2 TO AGREEMENT (Amendment No. 2) is made and entered into this 171h day of July, 2013, between the Monroe County Board of County Commissioners (County) and Pumpout USA, Inc., a for profit corporation of the State of Florida (Contractor). WITNESSETH: WHEREAS, Contractor is the provider of mobile vessel pumpout service for unincorporated Monroe County, in accordance with the Keys -Wide Mobile Vessel Pumpout Service Agreement (Agreement) effective December 12, 2012 for a two year period; and WHEREAS, the pumpout service is a new program provided to boaters by the County, and as such, the Contractor is encountering logistical and utilization issues typical of a start-up program; and WHEREAS, the Agreement provides for a quota of 1300 pumpouts per month/3900 per quarter to be performed, for compensation of quarterly payments totaling $340,200.85 in the first year of the Agreement; and WHEREAS, service commenced February 1, 2013, and since then, the Contractor has phased -in pumpout coverage and steadily increased the number of monthly pumpouts: 94 in February, 204 in March, 460 in April, 752 in May; and WHEREAS, the Contractor has not yet developed the customer base required to meet the quota of 3900 pumpouts per quarter, particularly due to start-up of operations, the off season, fewer anchored vessels to be pumped out, and vessel owners' awareness of the pumpout program; and WHEREAS, the Contractor was provided an advance payment of $98,267.11 for the first quarter, but has not received payment for the second quarter due to not meeting the pumpout quota for the first two quarters; and WHEREAS, a revision of the Agreement will allow the Contractor to continue pumpout service by eliminating the quota and per-pumpout payment, and providing payment for the second quarter (April -June 2013) in the amount of $80,644.58 and for following quarters, with a follow up evaluation of a year's worth of service to occur in January, 2014 to determine a logical quota; and WHEREAS, Contractor has secured a Department of Environmental Protection Clean Vessel Act grant to help offset the costs of the program and provides expense and service documentation to DEP without a quota for payment; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties have entered into this Amendment No. 2 and agree as follows: 1. Section IV. PAYMENT shall read as follows: Payment will be made on a quarterly basis using the same schedule and quarterly dates used by DEP as follows: (a) To provide for start-up expenses, the first payment (of the first year) will be made at the beginning of the first quarter in advance in the amount of $98,267.11. At the end of the first quarter, Contractor shall provide a report with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly purnpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, and 3) description of additional services or activities provided (as described in the Scope of Services). (b) The second and following quarterly payments of the first year, in the amount of $80,644.58, will be made after services are rendered for that quarter and invoiced. Contractor shall provide an invoice acceptable to the Clerk, along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, 3) description of additional services or activities provided (as described in the Scope of Services). In no event shall payment exceed the annual amount stated above. (c) Quarterly payments for the second year will be made after services are rendered for that quarter and invoiced. The first quarterly payment of the second year will be in the amount of $87,289,61. The second and following quarterly payments of the second year will be in the amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above shall apply. In no event shall payment exceed the annual amount stated above. (d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as described under the Scope of Work attached. (e) Travel and Iodging are specifically excluded from payment or reimbursement. (t) Contractor's final invoice must be received within sixty (60) days after the termination or expiration of this contract. In the event of termination of services, Contractor shall be paid pro rata based on the time that services were provided, upon invoicing as described above. Payment shall be made pursuant to the Local Government Prompt Payment Act. Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (e) must be provided): a. List of the Contractor's Board of Directors. For each board member please indicate when elected to serve and the length of term of service; if Contractor is a sole proprietorship give name of owner(s) and length of ownership; b. If corporation, evidence of annual election of officers and directors; c. Organization's Policies and Procedures Manual which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; d. Cooperation with County monitoring visits that the County may request during the contract year; and e. Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year, including financial reports. 2. Exhibit A — Scope of Services is amended as follows: Section B. 3. Invoicing Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each quarter's payment, as stipulated in the contract. 3. County shall provide a slip for Contractor's pumpout boat at the Murray Nelson Government Center in Key Largo. 4. The parties will evaluate the Contractor's performance, payment provisions and compensation terms in January, 2014. Any changes will be by written agreement between the parties. 5. All of the other terms of the Agreement dated December 12, 2012, not inconsistent herewith, remain in full force and effect. Remainder of Page Intentionally Left Blank Signature Page to Follow 3 o have executed this Agreement on the day and date :ach of which shall, without proof or accounting for contract. BOARD OF COUNTY COMMISSIONERS OF 7XY7: COUNTY, FLORIDA By_14" �) 4-1116 Mayor/Chairman By: S if -n -. } , L Witness Print name: s a Print name and title: dladJ`Qd-k-- By:C94061—Al CAG' ess � Ga rn L 0.^. Print name: 01 U'' STATE OF P(OPLID +4 COUNTY OF I_r[O -Q.i'� �1 On this day of 01 201-,N, before me the person whose name is subscribed above, and who produced pt.OL &"7> _I as dentificlon�kojvledged that he/she is the person who executed the above Contract for the pu�poses crein contained. Notary Public Print Name" My commission expires: MAYRA TEZAN05 S 1 w c 4f lop Notary PufjNt - State at Florida >� C _ * • = My Comm. Expires May 19, 2016 — , Commission # EE 168590 �• Sanded Through National Notary Assn. C q O am 1:3 MONROE COUNTY RNEY A APPROVE$�,� T F RM 4 Date: - a Attachment No. 7 Clerk's Analysis of Payments to Pumpout USA, Inc. pursuant to Amendment 2 to the Agreement for Keys -Wide Mobile Vessel Pumpout Service between Monroe County and Pumpout USA, Inc. On December 12, 2012, the Monroe County Board of County Commissioners approved a two year agreement with Pumpout USA, Inc, for Keys -Wide Mobile Vessel Pumpout Services commencing January 1, 2013. Payment terms of the agreement are based on 1300 pump outs per month at a unit price of $21.81 per pump out. Two amendments were made to this agreement. The first amendment to this agreement was approved by the Monroe County Board of County Commissioners March 20, 2013. This amendment provided for deletion of Section X11. Donations and Grants, and 'inclusion of Attachment H-Contract Provisions and Attachment I - Contract Regulations to conform with requirements of the Florida Department of Environmental Protection (DEP). The second amendment to this agreement was approved by the Monroe County Board of County Commissioners on July 17, 2013. This amendment provides for continued quarterly payments, but deletes the required monthly pump out quota of 1,300 pump outs and the associated per unit pump out price of $21.81. The amendment also provides for a slip for the Contractor's pump out boat at the Murray Nelson Government Center in Key Largo, and provides for evaluation of the Contractor's performance in January 2014. The amount paid under the contract amendment for calendar year 2013 was $340,200.85. The total pump outs for calendar year 2013 was 8,419. Therefore the actual price per pump out paid to the Contractor by Monroe County, amounts to $40.41 per pump out. This represents a unit cost of 85% more than the original agreement unit price. The total pump outs performed in 2013, (8,419) amounts to approximately 54% of the number of pump outs (15,600) required by the original agreement prior to the amendments. If Monroe County would have paid the Contractor based on the original agreement at a unit price of $21.81 per pump out, Monroe County would have paid the Contractor $183,618.39 for pump outs performed. According to the terms of the original agreement Monroe County paid an additional $156,592.46 for pump outs not performed. The existing contract amount for calendar year 2014 is $329,223.35. If the 2014 total annual pump outs are similar to the 2013 total pump outs and the 2014 contract amount is paid in the same manner as 2013, the actual unit price per pump out paid will be approximately $38.73. This represents a unit cost of 79% more than the original agreement unit price. Submitted by: Pamela Limbert Sellers, CFE Director of Internal Audit Clerk of the Circuit Court and Comptroller January 2013 February 2013 March 2013 2013 First Quarter Total April 2013 May 2013 June 2013 2013 Second Quarter Total July 2013 August 2013 September 2013 2013 Third Quarter Total October 2013 November 2013 December 2013 2013 Fourth Quarter Total 2013 Annual Total Analysis of 2013 Pumpout Service from Pumpout USA, Inc. Number of Pumpouts Performed 0 94 Q 298 467 746 776 1989 697 807 961 2465 1232 1106 1329 3667 8419 Quarterly Payment that would have been due according to orginal Agreement using unit Quarterly Payment price of $21.91 aer hased on Contract Pumpout using actual Amendment 2 pumpouts performed Difference $98,267.11 $6,499.38 $91,767.73 $80,644,58 $43,380.09 $37,264,49 1 $80,644.58 $53,761.65 $26,882.93 $80,644.58 $79,977.27 $667.31 $340,200.85 $183,618.39 $156,582.46 Analysis of 2013 Pulnpout Service from Pumpout USA, Inc. Quarterly, Payment that ould nave been due according to orginal A reement using unit Number of Quarterly Payment, price of $21.81 per Pumpouts `FC'T based on Contract pumyout using actual Service Month Performed �"mbpo�t� Amendment 2 um uts performed Difference January 2013 0 A32.p-5.7 _ 32. 7.-'5rS,r74 February 2013 94 3AICY. Akfa ,-74 Marmh 20I3 204 If�i.S 2 `7.6 - 2013 First Quarter Total .298 $98,267.11 $6,499.38 $91,767.73 April 2013 467 1&,$g1,53 May 2013 746 ,b3 2G1 g�\ ,53 June 2013 77 3Ak . 2G 8 t S 3 2013 Second (quarter Total 1989 $80,644.58 $43,380.09 $37,264.49 Julx 2013 697 38 ..54, zf d'S'L ,s 3 August 2013 807 AL33,3V A 2 , gg k .53 Se ternber 2013 961 2- ? A-7 2.(0 $8 i .63 2013 Third Quarter Total 2465 $80,644.58 $53,761.65 $26,882.93 October 2013 1232 47-l.'8Z e4,gg t •5 3 November 2013 1106 4 ZA,30 L.63 December 2013 1329 Z v. 2� Z� f $8 ,2-3 2013 Fourtb Quarter Total 3667 $90,644.58 $79 977.27 $667.31 2013 Annual Total 8419 5340.200.85 S153.618.39 S15l,_Sf ..AA Attachment No. 8 s of C 0 0 L Cu 0 to � O C � Q L C: • C)C: L CO � L i--+ m Q D a--� �` ;� ° Q1 E O ai LA a. -0v fa aJ a� > O �, : t E O *' ° Qj o �' O . o 0 .� o r Q 1 +� +, E O o Q O �O "' ,� O ra cn w M `-' Q vi Q E 7 Q _0� 4--+ O0 E E X O +O O p v, C _O +� cn O 0 Q- cn Ul Q 4� Q c Q 0 0 }' o L O E L O A ° I- L Qi + Q [B Ln `6 o U +' � _ O QJ U O_ � N' O O Q 4- E O O `� O � cn ass 4-' 4--+ E E Cn� O � A ° 'O v N `� ° Q L C ! 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