08th Amendment 09/27/2017AMENDMENT NO.8 TO AGREEMENT
BETWEEN PUMPOUT USA, INC.
AND MONROE COUNTY, FLORIDA
for
KEYS -WIDE MOBILE VESSEL PUMPOUT SERVICE aq+1
THIS AMENDMENT NO. 8 TO AGREEMENT is made and entered into this :Vth day of
September, 2017, between Monroe County Board of County Commissioners (hereinafter "County" or
"Board") 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 (Service) for two years, including a quota of 1,300 pumpouts per month at a
cost of $21.81 per pumpout in the first year; and
WHEREAS, the County established the pumpout program initially as a free service to customers in
order to optimize utilization of the service and gain compliance with existing No Discharge Zone regulations;
and
WHEREAS, Amendment No. 1 to the Agreement was approved on March 20, 2013, deleting
Section XII Donations and Grants, and including Attachment H- Contract Provisions and Attachment I-
Regulations as requested by the Florida Department of Environmental Regulations (DEP) which had a
separate agreement with the Contractor for the pumpout service to Monroe County; and
WHEREAS, Amendment No. 2 to the Agreement was approved on July 17, 2013, to eliminate the
quota and per pumpout cost due to a slow startup of service, and allow for full quarterly payments to be made
to the Contractor; and
WHEREAS, Amendment No. 3 to the Agreement was approved on December 10, 2014, to extend
the Agreement through January 31, 2015; and
WHEREAS, Amendment No. 4 to the Agreement was approved on January 21, 2015, to extend the
Agreement through March 31, 2015; and
WHEREAS, Amendment No. 5 to the Agreement was approved on March 18, 2015, extending the
pumpout service for an additional two year period, establishing a rate of $21.10 per pumpout, establishing a
not to exceed annual cost of $379,800 based on an increased quota of 1,500 pumpouts per month, and
requiring an annual audit of the Statement of Revenues and Expenses associated with the Agreement with
Monroe County; and
WHEREAS, the DEP in August 2015 directed its Clean Vessel Act (CVA) Program to provide
future grants directly to the County rather than the Contractor, therefore providing uniformity in working
with counties throughout the state to build sustainable pumpout programs, using Monroe County's pumpout
program as a model; and
WHEREAS, the Board approved DEP (CVA) Agreement MV -174 in the amount of $250,000 and
DEP Agreement No.S0901 in the amount of $100,000 at the November 17, 2015 BOCC meeting to help
offset the cost of the Service; and
WHEREAS, Amendment No. 6 to the Agreement was approved on November 17, 2015, providing
for up to $729,800 for the Service, extending the Service through October 31, 2016 and reflecting the
specific funding sources and levels provided directly to the County from the State; and
WHEREAS, Amendment No. 7 to the Agreement was approved on August 17, 2016, providing for
Service through June 30, 2017 and reflecting the specific funding sources and levels provided directly to the
County from the State, including a $500,000 legislative appropriation and $172,350 in CVA grant funding;
and
WHEREAS, in 2017 the State has provided another legislative appropriation of $500,000 to the
County to help offset the cost of the County's Service for one year from July 1, 2017 through June 30, 2018;
and
WHEREAS, the DEP CVA Program is providing grant funding in the amount of $180,000 to help
offset the cost of the County's Service for one year from July 1, 2017 through June 30, 2018; and
WHEREAS, the two State funding sources may provide for most of the cost of the Service of up to
$680,000 for one year from July 1, 2017 through June 30, 2018; and
WHEREAS, the Contractor has requested that: 1) the monthly quota to be increased to 1,800
pumpouts which increases the annual cost to $875,760; 2) the quarterly pumpout payment be based on the
aggregate of the three individual months up to the quarterly amount of $218,940; and 3) that the Contractor
be allowed to pumpout within incorporated areas; and
WHEREAS, the County desires to continue the Service provided by the Contractor, at a total annual
cost of $875,760 (based on and increased quota of 1,800 pumpouts per month), and recognizes the benefit of
receiving funding from the State which may provide for 78% of the cost of the Service for one year; and
WHEREAS, the Agreement between the County and the Contractor requires amendment in order to
provide for changes in funding sources, and the terms of the Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have
entered into this Amendment No.8 as follows:
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I. SCOPE OF SERVICES:
Contractor shall be the exclusive provider of mobile vessel pumpout services for County in all areas
of the Florida Keys within Monroe County and shall also coordinate with County and Florida Fish
and Wildlife Conservation Commission (FWC) on sewage pumpout compliance within the County.
A detailed Scope of Services is attached as Exhibit A.
II. EFFECTIVE DATE AND TERM
This Amendment (amended Agreement) shall be effective on the date above. The term of the
Amendment shall be for one year, commencing on July 1, 2017 and ending on June 30, 2018.
However, the Amendment is contingent upon sufficient, continuous funding to the County by the
DEP and/or other sources. If the applicable DEP (or other) funding agreement is cancelled or
becomes insufficiently funded, this amended Agreement is also void, unless the parties amend it in
the same manner as it was originally approved. The term of this amended Agreement shall be
renewable in accordance with Section V. The Contractor shall comply with the provisions of
Attachments G and H, consistent with the grant requirements of the CVA Program.
III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS.
Contractor shall not charge customers of the pumpout service for the services rendered under this
amended Agreement.
The County, in consideration of the Contractor satisfactorily performing and carrying out the
objectives of the County as to providing mobile vessel pumpout service, shall pay to the Contractor
up to the sum of Eight Hundred Seventy -Five Thousand Seven Hundred and Sixty DOLLARS
($875,760) for one year, based on a quota of 1800 pumpouts per month. Quarterly payments will
be paid based on the monthly quota being reached for each month of the three month period,
however if severe, emergency weather related circumstances beyond the control of the Contractor
occur (e.g. hurricane or other acts of nature) causing less than 1800 pumpouts in each month to be
performed, the quarterly payment may be based on the aggregate number of pumpouts equaling at
least 5400 pumpouts in that quarter.
If funds from DEP or other sources cannot be obtained or cannot be continued at a level sufficient
to allow for continued reimbursement of expenditures for services specified herein, this Agreement
may be terminated immediately at the option of the Board by written notice of termination delivered
to the Contractor. If Contractor fails to submit at least $60,000 in quarterly "allowable expenses"
during the effective term of this Agreement, this Agreement may be terminated immediately at the
option of the Board by written notice of termination delivered to the Contractor. For the purpose of
subsequent construction or interpretation of the aforesaid term "allowable expenses ", an "allowable
expense ", shall be deemed to constitute such an expense upon the determination of DEP pursuant to
any applicable CVA grant agreement between the County and DEP. 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 amended Agreement is contingent upon
an annual appropriation by the Monroe County Board of County Commissioners.
IV. PAYMENT:
Payments of up to $218,940 (Payment) will be made quarterly by the County to the Contractor. The
quarterly payments are based on a quota of 1,800 pumpouts per month, at a per unit rate of
$40.544444. Conditions for payment are as follows:
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(a) At the end of each quarter, Contractor shall provide an invoice acceptable to the Monroe
County Clerk of Court (hereinafter "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, and 2) description of additional
services or activities provided (as described in the Scope of Services). Quarterly payments
shall not exceed $218,940 based on 5,400 pumpouts per quarter. Quarterly invoicing shall be
based on a monthly maximum of 1,800 pumpouts at the per unit rate of $40.544444 per
pumpout. In the event the Contractor performs fewer than 1,800 pumpouts in any given
month, the difference shall not be made up for in other months in the same quarter (except in
the case of severe, emergency related circumstances beyond the control of the Contractor; e.g.
hurricane or other acts of nature), or in other months in other quarters. In the event the
Contractor performs more than 1,800 pumpouts in any given month, the County shall not pay
for the additional pumpouts (unless applied towards the aggregate for the quarterly total as
described in Section III above).
(b) Travel and lodging are specifically excluded from payment. Payment shall be made only for
services provided (i.e., individual pumpouts) and there are no reimbursable items.
(c) Contractor's final invoice must be received within sixty (60) days after the termination or
expiration of this contract.
In addition, the Contractor shall provide quarterly invoicing documentation, as described and
required in the attached DEP agreement /s with the County, including a list of receipts /invoices for
expenditures, defined as allowable in accordance with DEP CVA guidelines. Invoicing shall be
made within 15 calendar days of the end of each quarter.
Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk
examines and approves the request for payment, the County shall make payment to the Contractor.
Annually, the Contractor must furnish to the County the following (prior to the payment of any
invoices, items (a) through (f) 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,
provide name of owner(s) and duration of ownership;
b. If corporate entity, evidence of annual election of officers and directors;
c. If corporate entity, the corporate entity's Articles of Incorporation and Bylaws;
d. 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;
e. Cooperation with County monitoring visits that the County may request during the contract
year; and
f. 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.
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V. RENEWAL:
The County shall have the option to renew this Agreement for an additional one and a half year
period.
VI. CONTRACTOR'S LICENSE:
The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate
pumpout vessels and associated equipment and infrastructure. It is the Contractor's responsibility
to maintain all permits and licenses that may be required.
By signature hereon, the Contractor warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in these
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 hereby represents 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 Contractor shall at all times exercise independent, professional
judgment 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 Agreement. The personnel shall not be employees of or have any
contractual relationship with the County.
B. All personnel engaged in performing services under this Agreement shall be fully
qualified, and, if required, to be authorized or permitted under Federal, State, and local
laws to perform such services.
IX. UTILITIES:
The Contractor shall be responsible for payment of any utility charges associated with the mobile
pumpout service. All utility accounts shall be held in the 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.
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XI. INDEMNIFICATION REQUIREMENTS:
Notwithstanding any minimum 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 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 Contractor or any of its employees, agents, contractors in any tier or other invitees during
the term 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 term of this Agreement, this section shall survive the expiration of the term 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. 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 equipment at any reasonable time. In addition, all operating supplies and any
additional equipment shall be the responsibility of the Contractor. The County shall provide a slip
for Contractor's pumpout boat at the Murray Nelson Government Center in Key Largo.
XIII. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS:
The Contractor hereby agrees that it has carefully examined the facilities and equipment provided
by the County and has made investigations to fully satisfy itself that such facilities and/or
equipment are suitable for this work and it assumes full responsibility therefor. The provisions of
this Agreement shall control any inconsistent provisions contained in the Scope of Work. The
Scope of Work has been read and carefully considered by the Contractor, who understands the same
and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or
situations, shall this Agreement be more strongly construed against the County than against the
Contractor.
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XIV. 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.
XV. NON - DISCRIMINATION:
County and Contractor agree that there shall 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.
XVI. 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 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, F.S., 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, which shall conform to generally accepted auditing
standards, of the Statement of Revenues and Expenses associated with this Agreement with Monroe
County, and which shall be submitted to the County within one hundred twenty (120) days
following the close of the Contractor's fiscal year.
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The Contractor shall also allow the County to inspect the Contractor's facilities, equipment, or
vessels at any reasonable time.
XVII. PUBLIC RECORDS:
The Contractor shall comply with the public records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XVIII. BREACH OF TERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the County of any defect in the services furnished by
the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of
this Agreement, and specifications covering the services. Any Contractor breach of this Agreement
shall be governed by the article below on termination 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.
XIX. 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.
XX. TERMINATION WITH CAUSE:
In addition to all terms set forth above and preceding this section, the County may terminate this
Agreement for cause if the Contractor shall default in the performance 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 Agreement.
b. Failure to comply with local, state, or federal rules or regulations pertaining to the
operation of pumpout vessels or the handling and/or treatment of vessel waste.
c. Breach of any other term, condition, or requirement, of this Agreement.
XXI. 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.
XXII. 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 term of this Agreement.
XXIII. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS:
A. The Contractor represents that it, its directors, principals and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this Agreement, as provided in Section
112.311, et. seq., Florida Statutes.
B. Upon execution of this Agreement, and thereafter as changes may require, the Contractor
shall notify the County of any financial interest it may have in any and all contracts with
Monroe County.
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 limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
XXIV. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for
any contract, debt, obligation, judgment, lien, or any form of indebtedness. The Contractor further
warrants and represents that it has no obligation or indebtedness that would impair its ability to
fulfill the terms of this Agreement.
XXV. 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 Monroe County and
1100 Simonton Street Senior Director-
Key West, FL 33040
Planning & Environmental
Resources Department
2798 Overseas Hwy.
Marathon, FL 33050
Monroe County Attorney
1111 IV" St., Suite 408
Key West, FL3 04i
33040
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FOR CONTRACTOR:
Donnie Brown, Pumpout USA
1150 Highway 83 North
DeFuniak Springs, Florida 32433
XXVI. TAXES:
The County is exempt from 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 Agreement, nor is the Contractor authorized to use the
County's Tax Exemption Number in securing such materials. The Contractor shall be responsible
for any and all taxes, or payments of withholding, related to services rendered under this
Agreement.
XXVII. 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 made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the
Sixteenth Judicial Circuit in and for Monroe County, or otherwise 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.
XXVIII. 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).
XXIX. 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 authorized to act and contract on behalf of Contractor.
XXX. 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
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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 this Agreement to replace any stricken provision with a valid
provision that comes as close as possible to the intent of the stricken provision.
XXXI. 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 County, if it prevails, 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.
XXXII. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
assigns.
XXXIII. AUTHORITY
Each party represents and warrants to the other that the execution, delivery, and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by
law.
XXXIV. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, County and Contractor agree to
participate, to the extent required by the other party, in all proceedings, hearings, processes,
meetings, and other activities related to the substance of this Agreement or provision of the services
under this Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
XXXV. 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.
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XXXVI. 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.
XXXVII. 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.
XXXVIII. 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.
XXXIX. 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.
XL. 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.
XLI. 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 this Agreement, and failure to maintain
coverage shall be considered a valid reason for the 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
12
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of
Insurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. In
addition, the Contractor may be required to submit updated financial statements from the fund upon
request from the County.
a) General Insurance Requirements for Other Contractors and Subcontractors:
As a pre- requisite of the work governed, the Contractor shall obtain, at its own expense, insurance
as specified in any attached schedules, which are made part of this Agreement. 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 Contractor 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 Agreement (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 Agreement
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 Agreement 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.
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 Agreement.
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 Agreement or imposed 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.
13
b) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this Agreement, the Contractor shall obtain the
following insurance. Coverage shall be maintained throughout the life of this Agreement 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 Agreement 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, insofar 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:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability
$1 million per Occurrence
Recognizing that the work governed by this Agreement involves the storage, treatment, processing,
or transporting of potentially polluting material, the Contractor shall purchase and maintain,
throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury,
property damage, and environmental damage caused by a discharge of wastes which are governed
by this Agreement. The policy must specifically identify this contract and specify that coverage
will extend to all losses, claiming pollution or environmental impairment, arising out of the services
governed by this Agreement.
The minimum limits of liability shall be:
$1 million per Occurrence
14
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 Agreement, the Contractor shall obtain Water
Craft Liability Insurance with terms no less restrictive than those found in the standard "American
Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of
this Agreement and include, at a minimum:
• Injury (including death) to any Person;
• Damage to Fixed or Movable Objects;
• Costs Associated with the Removal of Wrecked Vessels; and
• Contractual Liability with Respect to this Agreement.
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel ", it shall 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.
XLII. 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.
Remainder of Page Intentionally Left Blank
15
IN WITNESS WHEREOF the parties hereto have executed this Amendment No.8 to this
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
MADOK, CLERK
,- Deputy Clerk
r
By:
Prin
By:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor
1 44")9 - 4.1
PUMPOUT A, INC.
By:
Print name and official title: Oc�-
Print name: /7 -/ PW- XU//"r /.(-C— _ " - n
CD M
�l Sri da. ° STATE OF o c-) o
COUNTY OF W al mac, = m
On this Zb day of AU U SI 201Z, before me the person whose nape is stj&criPmd
above, and who swore an oa produced Dr Lt �� as identification, and swore an
oath that he is tie person who executed the above Agreement for the purposes therein contained.
In blic
Print Name
My commission expires: g 9J 070
�`' "'•'% JACQUELINE K SCOTT
MY COMMISSION 6 GG 31876
'' er Iyr•
Seal EXPIRES: September 25, 2020
" "'�"
MONROE COUNTY ATTORNEY
/I n. APPROVED AS TO FARM:
CHRISTINE LIMBERT- BARROWS
ASSISTANT COUNTY AVORNEY
DATE:
16
EXHIBIT A
Scope of Services
For
Mobile Vessel Pumpout Service
Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of
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 the Proof of Pumpout
Ordinance in Monroe County authorized under F.S. 327.60(4).
The following sections describe the Scope of Work and Deliverables for the provision of mobile
vessel pumpout service.
Section A: Scope of Work
1. Mobile Vessel Pumpout Service
Pumpout USA will provide mobile vessel pumpout service (Service) consisting of a
minimum of four active marine pumpout vessels, and three backup pumpout vessels, to
service (i.e. pumpout) recreational vessels located in the waters of Monroe County within
the Florida Keys. The Service will be provided 8 hours per day, 5 business days per
week. Each pumpout vessel placed into service will be capable of servicing 25 -50
vessels per day and each will be trailerable to locate to other service areas, as needed.
The pumpout service will be provided at no charge to all anchored recreational vessels in
the waters of Monroe County within the Florida Keys (up to once per week). 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 will be servicing anchored vessels.
Vessel owners will be encouraged by the 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 fixed pumpout stations
located throughout the Keys, and when necessary hauled out by licensed haulers.
In addition, the Contractor shall adhere to, and provide for, items described in the "Tasks
/ Deliverables" included in the associated DEP /CVA Agreement (attached).
2. Staffing
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 Pumpout Vessel Captains and a Maintenance Captain, as
well as a Project Manager that has extensive experience and training in the pumpout
industry.
The Project Manager will maintain an office 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.
The Pumpout Vessel Captains and Maintenance Captain 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 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 (lat/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 Captain permission 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
Captains.
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.
5. Coordination with County staff and FWC
Pumpout USA will identify to the FWC any anchored vessels that are not participating in
the program or requesting pumpouts.
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. Quarterly 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 Keys;
• Total number of individual vessels pumped out;
• Number of in -state and out -of -state 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.
In addition to the above described reporting and invoicing requirements, the Contractor will
provide all receipts, invoices and other applicable documents as described in the body of the
Agreement, and as required by the DEP funding agreements associated with, and referenced in
the Agreement (and attached).
CERTIFICATE OF COMME MAR INE LIABILITY INSURA
PRODUCER:
I Gallagher Charter Lakes
TI [IS CERTIFICATE DOES NOT AMEND. EXTEND OR AL TER THE
3457 East Faris SF:
COVERAGE AFFORDED 131' 11 POLICIES BELOW'.
OW'.
Grand Rapids, MI 49512
INSURED:
COMPANY A AFFORDING COVERAGE:
Pump Out tJSA
XL Specialty Insurance Company
1 150 Highway 83 North
[7efuniak Spring FI, 12433 -3 813
CO MPANY B AFFORDING COVERAGE:
COVERAGES:
rl HS IS TO CERTIFY THAT 'rHI POLICIES
OF INS[ LISTED BELOW HAVE BEEN ISSUED 1 THE INSIJRED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERiNI OR CONDITION OF ANY CONTRACT OR
OTHER DOCUMENT WIT] I RESPECT w WHICH I HIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. BY ISSUANCE OF TII[S �
E.NDORSE:MENT. 'THE COMPANY DOES
NOT WAIVE, ITS RICH IT OF SUBROGATION. THE COVERAGE AFFORDED BY THIS
ENDORSEMENT SHALL ARISE OUT OF LIABILITY THAT RESTS SOLELY WITH THE INSURED. THE INSURANCE AFFORDED BY TI IE
POLICIES DE'SCRIBEI) HEREIN IS SUBJt3cT TO ALL THE MRI%dS, EXCLUSIONS, ANT) CONDITIONS OF SUCH POLICIES.
_.._._ ....._......
Type of Insurance
_._ __.._. _.
Policy Policy Limits
Policy Number
Expiration
I Effective
CON VESSEL LIABILITY
XLV9.0000217
12!18/2016
12/18/2017
1,000,000
MEDICAL PAYMENTS
XLM0000217
12/18/2016
12/18/2017
—
5,000
_
_..._..._...___.._ .... ........... _..._....... _.. ...... _._..
DESCRIPTION:
2006 23' Pump Out USA
_ —_____ __._.._..__..__.........._............... _ ..... _ ........ .._..._...................
Per Schedule See Schedule
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATIVES.
ADDITIONAL INSURED: Form CL -7: Rev 1120/16
Monroe County Board of County Commissioners
1100 Simonton Street, Room 2268
Key West, FL 33040
Authorized Agent:
Date: July 25, 2017
APP
' TED Y_ ISK
By
{C I
WAIVER N /A�_ YE:S—
APPR ED SK EIVIENT
BY
WAIVER N/A __ Y A
CERTIFICATE OF COMMERCIAL MARINE LIABILITY INSURANCE
PRODUCER:
Gallagher Charter Lakes
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER TI
3455 East Paris SE
COVERAGE AFFORDED BY THE POLICIES BELOW.
Grand Rapids, MI 49512
.......... .......... ....... . . .. .........
INSURED:
' COMPANY A AFFORDING COVERAGE:
Pump Out USA
XL Specialty Insurance Company
1150 Highway 83 North
Defuniak Springs FL 32433-3813
COMPANY B AFFORDING COVERAGE: ............. .
COVERAGES:
THIS IS TO CERTIFY THArTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUFDTO THE INSURED NAMED ABOVE
FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION 01: ANY CONTRAC1 OR
OTHER DOCUMENT WITH REspi-'Ic rTo WH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. BY ISSLIANCL OF THIS
ENDORSEMENT. 'riiE COMPANY DOES NOT WAIVE ITS RIGIITOF SUBROGATION. '] COVERAGE. AFFORDED BY THIS
ENDORSEMENT SHALL ARISE OUT OF LIABILITY THAT RESTS SOLELY WITIITIIE INSURED. I'IIE INSURANCE AI'.I-'ORDEDBY']'[-IE
POLICIES DESCRIBED IfER.I-.'IN IS StJBJEC'I"FOAI,I,'f'lll EXCLUSIONS. AND CONDITIONS OF SUCH POLICIES.
Limits
Type of Insurance Policy Number Policy Policy Effective 1
Expira
L
1 8
COMMERCIAL VESSEL LIABILITY XLN40000217 616) 12/18/201 7 1,000, 0 00
. .... . - --- ----- --
RE TS XLNI0000217 ... ... . .......... .. 12/18/2016 12/18/2017 5.000
ff4 . ........ . . ..........
.
DESCRIPTION:
2006 23' Pump Out USA Per Schedule S ee S c h e d u I e
- ............................................ . ........... - ........... -- . ... . ....... .............. ... .. .. .... .
CANCELLATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING
COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW, BUT FAILURE
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATIVES.
ADDITIONAL INSURED: Form CL-7: Rev 1/20/16
State of Florida Dept. of Environmental Protection
3900 Commonwealth Blvd.
Florida 32399
- Tallahassee,
Authorized Agent: Date: July 25, 2017
APP D SAKAGEMO -
"AGEM,-,�
BY_
DATE
WAIVER N/A YE
A 4 PV B *A MENT
By
TE
WAIV NA Y S—
XL Specialty Insurance Company
ADDITIONAL INSURED
This endorsement forms a part of:
Policy Sym. and No.: XLM0000217
Issued To: Pump Out USA
Effective on and after: 12/18/2016 to 12/18/2017
Agent: Gallagher Charter Lakes
Liability Limit: $ 1,000,000
It is hereby mutually understood and agreed that under PART B: LIABILITY COVERAGE of this policy,
Monroe County Board of County Commissioners,
1100 Simonton Street, Room 2268, Key West, FL, 33040
State of Florida Dept, of Environmental Protection,
3900 Commonwealth Blvd. Tallahassee Florida 32399
is an additional insured on this policy, but only as their interest may appear in the vessel described herein and for the
liability arising out of the negligence of the insured, per the terms and conditions of the policy. It is further agreed that the
additional insured is named as such for the purpose of bodily injury and property damage liability in connection with the
insured's ownership, operation and maintenance of the Insured Vessel(s).
By issuance of this endorsement, the company does not waive its right of subrogation. The coverage afforded by this
endorsement shall arise out of liability that rests solely with the insured. In the event of non - renewal or cancellation of
this policy, the additional insured shown above shall receive ten (10) days written notice prior to any such termination
from the company.
All other terms and conditions remain unchanged.
GALLAGHER CHARTER LAKES
3455 East Paris Ave SE
Grand Rapids, MI 49512
Form CL -7: Rev 1/20/16