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Item I10BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: February 16, 2011 Division: Growth Management Bulk Item: Yes X No _ Department: Planning & Environmental Resources Staff Contact Person/Phone #: Rich Jones /289 -2805 AGENDA ITEM WORDING: Approval of contract extension with Bluewater Marine Services, Inc. to provide derelict vessel and marine debris removal services for an additional two years. ITEM BACKGROUND: The Board approved a three year contract for derelict vessel and marine debris removal with Bluewater Marine Services, Inc. on March 19, 2008 which is due to expire on March 18, 2011. The contract provides for a two year extension. It is anticipated that the cost will be approximately $60,000 per year, depending on the amount of work. PREVIOUS RELEVANT BOCC ACTION: March 2008- Approval of contract with Bluewater Marine Services, Inc CONTRACT /AGREEMENT CHANGES: Two year extension STAFF RECOMMENDATIONS: Approval TOTAL COST: Approx. $60,000 /yr INDIRECT COST: BUDGETED: Yes X No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: 0 SOURCE OF FUNDS: BIF fund 157 REVENUE PRODUCING: Yes No APPROVED BY: County Atty X - L DOCUMENTATION: Included X AMOUNT PER MONTH Year X Risk Management X Not Required DISPOSITION: AGENDA ITEM # Revised 7/09 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Bluewat Mar. S ervices Contract # Effective Date: 3/19/11 Expiration Date: 3/18/13 Contract Purpose/Description: Approval of contract extension with Bluewater Marine Services, Inc. to provide derelict vessel and marine debris removal services for an additional two years. Contract Manager: Richard Jones 2805 Planning & Env. Resources /11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 2/16/2011 Agenda Deadline: 2/1/2011 CONTRACT COSTS Total Dollar Value of Contract: $ — 120,000 Current Year Portion: $ — 60,000 Budgeted? Yes® No ❑ Account Codes: 157- 62520 - 530340 - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date In Division Director �ft Changes Neede Yes❑ N Date Out / — At L Risk Management Yes❑ N O.M.B./Purchasin 7r " g Yes ❑ N County Attorney `I ® Yes❑ N I Comments: UMB t�orm Revised 2/27 /01 MCP #2 AMENDMENT TO CONTRACT BETWEEN BLUEWATER MARINE SERVICES, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of February, 2011 between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC ") and Bluewater Marine Services, Inc. WITNESSETH: WHEREAS, the parties entered into a non - exclusive Contract (Contract) on March 19, 2008 for the removal and disposal of vessels and marine debris; and WHEREAS, the Contract terminates on March 18, 2011; and WHEREAS, Section 3 of the Contract allows for one additional two year term upon mutual agreement of the parties; and WHEREAS, it is deemed in the best interest for the health, safety, and welfare of the citizens of Monroe County and the general public to extend this Contract in order to remove and dispose of vessels and marine debris; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: The Contract shall be extended for the period March 19, 2011 through March 18, 2013. 2. The remaining provisions of the Contract dated March 19, 2008, not inconsistent herewith, remain in full force and effect. Remainder of page intentionally left blank Signature page to follow IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk WITNESSES: 1. Print Name: 2. Print Name: STATE OF COUNTY OF Mayor /Chairman On this q day of fQn 2011, before me the person whose name is subscribed above, and who produced ('—'LbL— 320 8o17 JX 4(ZVD as identification, acknowledged that he /she is the person who executed the above Contract for the purposes therein contained. �� 4/ r Notary Public l,Lt I Low , MARIA P. QUIGLEY Print Name ' Commission # DD 847238 Expires February 2, 2013 My commission expires: amij a�.enN ti..so.eroaes�me r MONROE COUNTY CONTRACT FOR REMOVAL, REFLOATING AND /OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS THIS CONTRACT is made and entered into this le of Zoo�by MONROE COUNTY ( "COUNTY"), a political subdivision of the State of Flori a, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida, 33050, and Bluewater Marine Services Inc. ( "CONTRACTOR "), whose address is 14100 SW 25_6 Street STE 14, Homestead FL 33032 Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner the project including certain duties as described below. Duties consist of retrieval, removal, refloating and /or demolition and disposal of marine debris. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s) or marine debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring, providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. When a derelict vessel or debris is identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel, whether the vessel is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. At no time will any CONTRACTOR be authorized to undertake a job without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the same day as the pricing request in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the task including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTORS shall be responsible for the job site at all times during the work. CONTRACTORS are required to have active licenses required to fulfill the requirements of each particular job and are required to attach copies of any and all licenses, including an occupational license as Exhibit "A" to this Contract. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. CONTRACTOR shall take photographs of all sides and interior of any vessel, the contents of the vessel, any personal effects in the vessel and any unique or identifying features of the vessel prior to any work on the vessel at the initial site and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of its supervisor, it is not safe to do so. Photographs should be properly dated, the name and address of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. Section 2. COUNTY'S RESPONSIBILITIES COUNTY shall do the following: 2.1 Provide all available data and location as to the COUNTY'S requirements for Task Order to the CONTRACTOR. Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning the Task Order. 2.2 Furnish to the CONTRACTOR all existing information pertinent to the work. The CONTRACTOR may rely upon such information and services provided by the COUNTY, with the understanding that the information may be changed at the time the CONTRACTOR arrives on the scene of the work. 2.3 Approve a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TERM OF CONTRACT This Contract shall commence on March 19, 2008, and terminate on March 18, 2011, unless terminated earlier under the terms of this Agreement. COUNTY and CONTRACTOR shall have the option to renew this Agreement for one additional two year term under the same terms and conditions as this contract, exercisable by mutual agreement upon written notice given at least Thirty (30) days prior to the end of the initial term. The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written authority from the COUNTY. Section 4. COMPENSATION The compensation available to the CONTRACTOR under this agreement is to be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS, and the necessities of the individual job. The CONTRACTOR is responsible for evaluating the request for removal and responding in writing with a quotation for the job, a description of the job, the time the CONTRACTOR can begin the job and the time necessary to complete the job. It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer station. CONTRACTOR shall include, in any quotation, the cost of disposal at an approved dump site. CONTRACTOR shall be required to provide a receipt along with any invoice for the work. The billing rates of the CONTRACTOR for a particular job shall be determined and agreed to by the CONTRACTOR and the COUNTY in a written Task Order prior to the authorization to commence the work. CONTRACTOR agrees that it will not be entitled to damages for delay of the completion of the job from whatever cause. COUNTY may grant additional time to conclude a task, if required. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 5.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS 7.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific assignment. Where available, the authorization shall refer to the name of the vessel, and its location. 7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the spec written consent of the COUNTY'S representative. If subcontractors are approved it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job.. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be delivered or mailed to the addresses as follows: To the COUNTY: Monroe County Board of County Commissioners Go Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Attention: Division Director To the CONTRACTOR: Bill Hicks, Director Bluewater Marine Services, Inc. 14100 SW 256'" Street STE 14 Homestead, FL 33032 However, if COUNTY requests a price quotation(s) from CONTRACTOR the request and response may be done by fax or e-mail. Selection of CONTRACTOR by COUNTY and the terms of the individual job may be done by e-mail but must be immediately formalized in writing as a Task Order signed by the COUNTY prior to the commencement of the work. Any Notice of Termination may be done by e-mail but shall be immediately formalized in writing by the party seeking Termination and sent to the other party by certified mail. Section 9. RECORDS CONTRACTOR shall 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 four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the moneys were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 010 -1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. Section 11. CONVICTED VENDOR A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under 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 of the Florida Statutes, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. 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 appropriate court or before the appropriate administrative body in Monroe County, Florida. Both parties waive their rights to a trial by jury. Section 13. 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. Section 14. 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, and court costs, as an award against the non - prevailing party, and shall include attorney's fees, and court costs, in appellate proceedings. 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. Section 15. 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. Section 1$. 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. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. The parties agree that this Agreement is not subject to arbitration. Section 18. 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. Section 19. NONDISCRIMINATION 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: Title VII of the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national origin; 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; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 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; 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; Title•Vill 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; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that the only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, 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. Section 22. 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. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. 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. Section 25. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. 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. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement attached to this Contract as COMPOSITE EXHIBIT B. Section 29. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 30. 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. Section 31. 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. Section 32. INSURANCE POLICIES 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 fund upon request from the County. 32.1 General Insurance Requirements for Other CONTRACTORS and Subcontractors As a pre - requisite of the work governed, or the goods supplied under this contract (including the pre- staging of personnel and material), the CONTRACTOR shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. 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. Delays in the commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory evidence of 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 commenced on the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory evidence. 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. 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 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. 32.2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Bodily Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $50,000 Property Damage An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS Recognizing that the work governed by this contract requires the use of vehicles, the CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. 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 fund upon request from the County. 32.5 ADDITIONAL INSURANCE A) Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Jones Act and /or Longshoremen and Harbor Workers Compensation Insurance with limits sufficient to respond to the applicable state and /or Federal statutes. B) Pollution Coverage with minimum limits of $9,000,000. Section 33. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract, including those of any subcontractors. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR, or his subcontractor. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his /her employees, subcontractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi - public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. In Witness Whereof, the parties have executed this contract as indicated below. (SM) DANNY L. 80111AGE, CLEM D5Puty CI Secretary Print Name Or Two Witnesses Print Name .U' //¢ i Print Name BOARD OF COUNTY COMMISSIONERS MONROE CO TY Charies °Sonny" ccoy, , Mayor B ER A NE RVICE INC. PrintTif a d Name: Date: 3 of 3 U Q 0 b C6 fV w %0 Iff r•.j f77 f' .y i `T EXHIBIT A Copies of Licenses: Occupational License Other Licenses � a Nim 2006 OCCUPATIONAL LKOM TAX 2007 TAXIMa FIRST-CLASS 140 W. FLAGM ST. UUM� COMM - SUM OF FLORIDA WWWAS S. 30,2007 U.S. POSTAC MZF MW IM DISK AYED A PLACM OF KNIRGIM AlIAW, PAID FL PURSUANT TO COUNTY rmm CHAPTER $A- ART. ealo PERSIrr NO 406496-0 RENEWAL LCMEND. '" WW " MMME 424279-8 SERVICES INC 14100 SW 256 ST 14 33032 UNIN DADE COUNTY Ow il " LIEWATER MARINE SERVICES INC EMPLOYEE/S ' 2PrKAMBOAT SERVICE 8 REPAIR n= AN 0;;AlXVZ Wnft TAX ONLY. 00OWT poem us r I = TO AgOorcm LAM OF TW COUIM OR cmr& . um DO NOT FORWARD W=w Tm W 1 6'.'=' 5 BI T W. THO IS WT BLUEWATER MARINE SERVICES INC "OK COLE D MURRAY 14100 SW 256 ST 14 mmmm=. HOMESTEAD FL 33032 COLLECTOIL 09/01/2006 60MR90408 0 too *am Iww" own= MIAM! -DADS COUNTY 2006 OCCUPATIONAL LICENSE TAX 2007 FIRST -CLASS TAX COLLECTOR WANII -DADS COUNTY - STATE OF FLORIDA 140 W. IFLAGLER S7 EXPIRES SEPT. 30, 2007 U.S. POSTAGE 14th FLOOR MUST BE DISPLAYED AT PLACE OF BUSINESS PAID MlAMF, FL 33130 PURSUANT TO COUNTY CODE CHAPTER BA - ART. 9 & 10 MIAMI FL PERMIT NO. 231 '883632 -2 RENEWAL B �BLUEWER I MA LICENSE NO. 541758 -9 RIME SERVICES INC 14100 SW 256 ST 14 33032 UNIN DADE COUNTY O WNER MARINE SERVICES INC se,,prAW TRATIVE S 15 AN OCCUPATIONAL i ONLY. IT 0069 NOT FU" THE LICENSEE TO KATE ANY EIt18TMO 6ULATORY OR ZOMNO 08 OF THE COUNTY OR 8�t1tP'1 R DOES r fT rRE MY R. Tm M NOT A RTNRCATION OF THE �9MtE'S Q UALtRCA. 2= RBCErvE LwOAOE Wwrr T TAX LtECrtM: 09/01/2006 60060000407 000075_ p0 r.. , 1 I'"> v tr o SEE OTHER SIDE OFFICE EMPLOYEES DO NOT FORWARD BLUEWATER MARINE SERVICES INC COLE MURRAY PRESIDENT 14100 SW 256 ST 14 MIAMI FL 33032 111111 11111 1 111111111111111111111117111 !111111111111 C� t ' ZUU6 - 20! 1 1 - 41- 1 4.) MARI TOW11NG & SALVAi =r '1'1400 OVERSEAS HW'I 1 jS LIU - COUNTY OF MONROE BLUE WATER MARINE SERVICES MURRAY COLE & AVINS AIYPY 14100 SW 256TH ST #14 HOINESTEAD F L 33p3 DANISE D. HENRIQUEZ TAX COLLECTOR PO BOX 1129, KEY WEST FL 33041 -1125 c 0000000000 0000002200 0000471430075367 1001 7 SEf u (J m.... a1 v� [� u N �mHYi "L2 . 01 VMM ., m. s m W LL O 6 H t+) d Ill r is p df �� �1 x i m Iab Mary Alt 0� Auk a Gt z Ella b zw � ] o Q g r oo v O � U � Q F- . z, o w � O h 0 N m le e Lei Q ao Q� v i i 4f 9 O All AO 1 00 J ANN I r if Vii; '�j ro Oak I it W i I CT I it 0 0 O L-E 0 w w z w o a N z Go _R M H cn a a 0 M a M W ►rr Q � V W O a � On � m w p O w U A � co rA Q. H c TM O Al- I-r 4 1 - 00 O O ci CU CL NOR I C-) i = 0 0 E"A qll!� 4—=4 0 c� 0 -In W �o o� oa A� �o 0 1:1 b� PW_ CL.] I 0171 UW 3 4t 1 �r• N i; :1 L . ' ° / O =1 U EL � I W Q p . t) Y r . z D r: I I p 0 LL O U CO LL LLJ D () .2 ' p E E f ` d A� , W 0 z U � � c o � O V ° o � N � 'G 4. � ° a � r U O a 3 oa o Z cD Y W O m � c W 7 8 J Q Z o LU M z LLI O v F- L W CO z W J VII �.. O Cl) 00 U U Cl) Q W co 0 O LL s z H Z � O w Y- � a f�H Q S y o r� � w O on o � W •� w O V w b t7 W �1 d� � O o� al q Q F M t r 0 V-7 V) LLJ Lu a. z A :2 Ick Op CW) z co z r"d T— 0 w u 0 cu J — z zj c .5 rn LU w < > z ui (D z ui < 0 0 UJ z ui cn Z w CM co D 0 z cr, tdl. COMPSITE EXHIBIT B Required Forms: Public Entity Crime Statement Ethics Statement Drug -Free Workplace Statement Insurance Documentation SWORN STATEMENT UNDER ORDINANCE NO. 1"04990 MONROE COUNTY, FLORIDA 14r.111&3•:►_ 1i 2/ �"� l<./LV1Je JQ. /VLelcS I I STATE OF: t vi e��'� COUNTY OF: - Subsabed and sworn to (or affirmed) before me on 3 C; a (date) by To la �- << �> (name of affiant). (k�She Is persorally known to me or te produced z�c ; 1) V, vx-v C.i (type at Identification) as kiendfkabon. s a •' A. Otero CmM1180M 9 DD44 Expirm �25 ti� ��1 ��► August 16, 200- OTARY PUBLIC My Commission Ems: -26- I, _ of the city of t _ according to law on my oath, and under penalty of perjury, depose and say that 1. I am _ _ of the firm of T144. tjr.4- the bidder making the Proposal for the proms devAbed in the Reauest for Proposals for proposal with ful authority to do so; and that 1 executed the said 2. the prices In this bid have bean arrived at independently am wHhout c, consultation. communication or agreement for the purpose of reshic ft comp "ll n n. as to any matter rek tg to such prices with any other bidder or with any competitor, 3. unless oth erwis e required by law, the prices which have been quoted In this bid have not been knowingly d eclosed by the bidder and will not knowingly be diedoeed by the bidder prior to bid opening, directly or Indirectly, to any other bktder or to any competitor; and 4. no attempt has been made or will be made by the bidder to khduoa any other person. partnership or corporation to submit, or not to submit, a bid fair the purpose of restricng competition; 5. the stalsomft contained In this affidavit are true and oonec rend made with full knowledge that Monroe County rues upon the tnaih of the statements owtolned in this affickr t In aw ding conbhacts fbr said project. STATE OF: ✓i de COUNTY OF: �-1 i �...•,.; 1�^,c A Subscribed and sworn to (or affimied) before me on C A A ' S' (date) by I c.ck&l (name of aifiant). He/She is personally known to me or has resod„ (type of Identification) as Win. �'`" A�� Carmen A. Otero • �7 Comnrission # OD445259 09 '�oF c+� E August i 2oo�ogis NOrAW PUBLIC -27- My Commission Expires: i4•b`� --- Klk&1-4111'-Au� The undersIgIned vendor In accordance wflh Florida Statute 287.087 hereby certifies that (Name of Business) As the person wilhorized to sign the stetwneM above requirerrmft STATE OF: - t /0 �- - - I GWW that this Ian WMpII98 My With the 'rey Date: COUNTY OF: Subscribed and morn to (or affirmed) before me on I JAYL-&((� 3--ij !�)elds r (date) by ZOHO (name of afflant). He/She is personally known to me or has prodtKmd- Oe" L/c s--,e 7 .1-- - (type as klendlicaUm. — ( z d, ' - *Fly P NOTARY PUBLIC --p 0"5 C armen A. Otero k . * COMMINion 9 DD445259 �Vl Expku At#gust 16, 2000 Mly Commission E)Vhw 0 . TMrFam-Iftowsp 10 nq.� 1 1 -28- 4 1 Ifi ! `A person or alil who has been pinced on the convicted vendor list folbwing a conviction for puble entity crime may not a bid on a contnat to provids any goods or swvioss to a pub6c shy. may not submit a bid on a contract with a public erMy for the construc don or repair of a pubic or pubNc work, may not submit bids on leases of property to public entity, may not be - or perform work as a CONTRACTOR. suppler, subcontractor, or wwarded CONTRACTOR under a contract with any public entity, and may not tra sac business with any pubic entity in excess of the dvashoid amount provided In Section 287.017. for CATEGORY TWO fora period of 36 months fro the date of bed placed on tZ7,cf, vendor fst.' I have mad the above and state that neither espo rxdenYs creme) nor any Afftlate has been placed on the convicted vendor list whin the last 38 months. (Signature) M": 1 1 .� STATE OF: k - r 1 0 C COUNTY OF: Vtici.rbl-: br --e Subbed and sworn to (or of amed before me on (date) by �� �l c!' - �j'1 (name of afflant). He/She is personals known to me or has produced (type tion) as identification. NNE WO PUBLIC /� My Commission Expires: -29- r'I1e..40. aAR7 RLUPWAT ACOR CERTI OF LIABILITY INSURANCE 2/ 19107 PRODUCER Starkweather & Shepley I• ' 'rence, Inc. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. lox 294 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Westerly, RI 02891 INSURERS AFFORDING COVERAGE NAIC 0 DuwREO INSURERA: St. Paul Fire & Marine Blue Water Marine Services, Inc 14100 South West 256th Street, Ste 14 Homestead, FL 33032 00SURERS: 12120107 12120/08 EAI E _ $1 INSURER C: IN D• INSURER E: COVERAGES THE POLICIES OF MURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOISREM ENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOGUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 011101 TYP O F e1B41RAlICE - - - POLICY NUIIIBER - - - L81TTS A GM ERALLIABILITY OH06900651 12120107 12120/08 EAI E _ $1 CBLMERC►AL GENERAL. LrABamr TO vr€7i "" s50 00 ---- MANS MADE QX OCCUR _ MED R9 - one_ _�eaun s5 - PERSOKAL a AM INJURY $1 GENERIILAGGREGATE $2 000 . GE+L AGGREGATE LII,Wr APPLIES PEk PRODUC 8 - COMPIOP AGO S1.000.000 - POLICY I= AUTOMOS0.6 LIASSM NY AAUro COMBBIEDSNGLE LWr MI s �. ALL OVOIED AUTOS BODILY WOURY i SCHEDULED AUTOS (Per p-) - HIRED AUTOS BO Y MOH47MAOD AUTOS PROPERTY DOAVAE GARAGE LIA RJ Y AUTO ONLY - EA ACCOEfT i ANYALRO OTMERTHAN EA ACC f AUTO ONLY. AGO i MCCOSSAINCRIELLA UA80M EACH OOCII-AR f OCCUR 0 CLAIMS WIDE -- AG KYE i f OEDUCi1BLE f _ -. Rk MM__ f - - - - - - -- - - -- - i YYORIi0t6 Co1�E11MTRHi AND 'Milo AT_LL EMPLOYERS' LIAB6tiY E.L. EACt1 A NI i ANY PROPRIETORIP� -- EX 7 E.L. DISEASE - EA EIw#%xffEE i S de�aes ads - - - �L- OISFJIS POL ICY49AR' f A OTMM P & I OH08900851 12120107 12/20/08 $1,000,000 OESCRIPTI II OF OPERATIONS / LAGATIONS I VENIO MI EXCLUSIONS ADDED BY ENOORSEMQIT I SPECIAL PRDVIBIOIIe 'Except 10 days for non - payment of premium P&I Includes Jones Act, CoUlalon, Towel's & Salmi's 11abli ty Vessels: 2008 2V Metal Shark, 1994 26' Sitv9ership,1998 25' Madison. 1990 25' Bay Kat, 2000 45' Madison, 1999 55' Madison, 2000 2S Sltvership, 2001 28' Sltvership,1998 25' (See Attached Descriptions) Monroe County hoard Of Commissioners Marine Projects Section 5100 College Road Key West, FL 33040 ACORD 231200110811 of 3 NS180183/M180166 SNOM.D ANY OF THE ABOVE POLICIES BE CANCELLED SW ORE THE EKPIRATION DATE THEREOF, THE ES WG RISURER MSLL DWAVOR TO MML �1n DAYS YEAR LEN NOTICE TO THE CERTIFICATE HOLDER NAIatD TO THE LEFT. BUT PAIW RE TO 00 30 SHALL WPOSB NO OBLIGATION OR LIABILITY OF ANY MD UPON THE VOWU R. ITS AGEHT8 OR LJW 0 ACORD CORPORA71ON 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. m.uew 40171LYVUVOr 2 of 3 #31S013311011ti0156 DESCRIPTIONS (Continued from Page 1) Silvership, 2003 2W Harbor tug, 2003 2 Sea Arc and 2004 20' Sea Are Cr Holder is Included as Additional Insured AtIMA. AMS 25.3 (200710a) 3 or 3 iFulaulawmlauloo c T ACORD CERTIFICATE OF LIABILITY INSURANCE OA TEE ' TM CERIVWATE M NSUED AS A MATTER OF INFORMATM g ghepby ONLY AND CONFERS NO ROM UPON THE CERTIFICATE frLC. HOLDER. THIS CERTIFICATE DOES NOT EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLK'.ES BELOW. PO Box 294 WeNsily, RI 02991 WWRERS AFFORDING COVERAGE NAIL 0 swum mwm A: GREAT AW ERICM POLLUTION Blue Waber No ho services. Mc INSURER 14100 South West 250Mf Strew4 Ob 14 INSURMC: HonNW6ea4 FL 33032 INSURER a INSURER E w�c�vww THE POUCES OF U MNWACE LISTED BELOW HAVE BEEN ORlIED TO THE el&IRM NAIIED ABOVE FOR THE POLICY PERIOD INDICATED. NOAWrH$TANMW ANY RE( IT, TERNS OR CONDITION OF ANY CONTRACT OR OTHER OOCIHMEKi WITH REWW I TO WHICH THIS CERTWATE MAY BE ISSI.IED OR MAY PERTH , THE WIRANDE AFFORDED BY THE POLICE$ DRICROW HEREIN IS SUBJECT 7O ALL THE TEVA 979 MMONS AND CONDITIONS OF SUCH FCUCES. AGGRIGr1TE WITS SHOWN MAY HAVE BEEN RBDU M BY PAD CLAaAS eBMI�tCVL GENERAL LIABILITY -- -. CLAms MADE M OCCUR GEW AOOREOATE UWT APPLES PEI: ANYAUTO ALL a MMED A" SCHEOUL ED AUTOS HEED AUTOS NONIOWNEO MnOB AM LIABIRM ANY AUTO OCCUR L__I CLAMS MADE f I PERSONIL. a ADV INIIMY IS T COMBINED MOLE UMIT B Me BODILY INJURY ` FPOpm wl BODLYINAMY f FPOIPdr FRO PERF Y q _ OTHER THAN AUTO ONLY: EACH OCCU RRENCE OO�BISATIDIIAND ...v ..r 6T/ 11111! LUeLLRY - ANY PROPREr ORNARf1 E>�lJTNE EL EACH ACCIDENT : OFiICERA E7(OLIMEDT E.L DISEASE - EA EWLOM i gym draw uldl► - - -- - EL DISEASE - POLICY " Uff f A OTHER POLLUTION 3491214041 04108!07 04108^00 SIA09A00 DwalrrlDNOPaPea. TDNerLOCA7IONerva +recLesrawluwola - r ePEDIALPILDIISNIIIS 'Except 10 days for nan paylim 1 of pnnlpan Vameb:1994 20' 80vereNo.19M W Il mdbm;1908 259" SB v#Wdp; 2000 259" BBvw* Mp; 200120' N"nft ; 2003 20' Ttp Harbor: 2005 2S Metal Shark Monroe County Board of Comedesloners Marine Project Section 5100 _ Raod conew Key West, FL 33040 25 (M/W 1 of 2 5183525 1 ANY OP 7 M AMM DESCp M CANCEUM OEMRS THE MX MA7UDN WEE. TNEMOMOINSIMBt1MI .L®IDeAVOR70NUM 2W DAYS11IRfTTEIU TO TIM CERTIFICATE HOLDS NAW TO TM LEFT. BW PAA.tM lrO DO SO SHALL ND OBUOATIDN OR LIABLJTY OF ANY IUND UPON TIE RIBUML RS AOENTS OR DMG 0 ACORD CORPORATION 1980 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this csrtlflcate does not confer rights to the certificate holder In lieu of such andorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized restive or producer, and the certificate holder, nor does it aBirmetivvely or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 254 (2001110th 2 of 2 M RIAM WAllstate. Y""hVwdhaw'. CERTIFICATE OF INSURANCE A' TATE INDEMNITY COMPANY Hk = OFFICE - NORTHBROOK, IL WW2 hereby certifies that the following insurance is In force: POLICYHOLDER POLICY NUMBER SLUEWATER MARINE SERVICE 049826888 BAP DBA TOW BOAT US S DADE 14100 SW 256 STE 14 HOMESTEAD, FL 330324MM The person or organization designated below Is described in the policy as: MONROE CNTY RISK MAN 1100 SIMONTON STREET KEY WEST, FL 33040-3110 Coverages designated are afforded as stated below: LIABILITY: $500,000 EACH ACCIDENT AS THEIR INTEREST MAY APPEAR EFFECTIVE DATE OF CERTIFICATE 02/02/08 POLICY PERIOD 02/02!06 TO 02/02/09 AT 12:01 A.M. STANDARD TIME LIENHOLDER (Loss Payable Clause) X ADDITIONAL INTERESTED PARTY ADDITIONAL INSURED CERTIFICATE HOLDER To the person or orgon stated above: This policy, as respects the interest of the loss payee, additional interested party. additional insured or certificate holder named herein, may be cancelled by the Company during the policy period by giving such person or organization 10 days, or whatever longer period of time prescribed by state law. Proof of such mailing is deemed sufficient proof of such notice. This Certificate of Insurance neither affirmatively nor negatively amends, extends or afters the coverage referred to above. afforded by the policy Bfi11880 PAGE 1 OF 1 ( 6U114" C m P. a 0 0 A � v z h x s aw, "0 c z fi � to n 0 o z y rA � zy s 9 9r 0 ch M z 81 W r� J' 2 :a> x z }� 1 ZA fi Z i :1 ' li v �• pf ..T._t I = :_ :c l m r z n m �n c A 9 0 0 D N m M m U .S. Urdtad States ENDORSEMENT TO LICENSE Coast Guard Aff Serial No. Issue 1162713 3 TODD ALEXANDER SEEDS MARINER #: 2301009 DATE: 13- DEC -2007 MASTER OF STEAM OR MOTOR VESSELS OF NOT MORE THAN 100 GROSS REGISTERED TONS (DOMESTIC TONNAGE) UPON NEAR COASTAL WATERS. FOR DOMESTIC VOYAGES ONLY THE HOLDER OF THIS LICENSE MEETS THE STCW 1995 REGULATIONS WITHOUT FURTHER ENDORS�ISNP. AUTHORIZED TO ENGAGE IN COMMERCIAL ASSISTANCE TOWING. (THIS LICENSE . EXPIRES 06 JUNE 2 012 .) --- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - KEARMYSVILLE, j D C. STALFORT, CAPT, USCG Port COMMANDING OFrrczR, NATIUNAL MARITIME CENTER CG -899 (Rev 03/04)