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Item T4
T.4 G BOARD OF COUNTY COMMISSIONERS County of Monroe Mayor Sylvia Murphy,District 5 The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1 �pw° Michelle Coldiron,District 2 Heather Carruthers,District 3 David Rice,District 4 County Commission Meeting June 19, 2019 Agenda Item Number: T.4 Agenda Item Summary #5692 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289-2805 N/A AGENDA ITEM WORDING: Approval of Amendment No. 10 (Amendment) to the Agreement between Monroe County (County) and Pumpout USA, Inc. (Contractor) for Keys-Wide Mobile Vessel Pumpout Service (Pumpout Service)in the amount of$1,021,719.88 ($750,000 from State of Florida legislative appropriation and $271,719.88 from Boating Improvement Funds), contingent upon receipt of Legislative grant funding for the term July 1, 2019, through June 30, 2020. ITEM BACKGROUND: The Board of County Commissioners (BOCC) approved an Agreement with the Contractor on December 12, 2012 (see attached Original Agreement), to provide pumpout service beginning January 1, 2013, with a quota of 1,300 pumpouts per month, with a condition of additional funding assistance to the Contractor from the Florida Department of Environment (FDEP). The Agreement has been amended as follows: • Amendment Nos. 1 through 5 referencing sufficient, continuous funding from both the County's Boating Improvement Fund and from the State, directly to the Contractor, to provide for the total cost of the pumpout service. • Amendment No. 6, referencing FDEP funding that has been provided directly to the County to help offset the annual cost of the County's pumpout program of $729,800. The State Legislature provided $100,000, and $379,800 was provided by BIF. • Amendment No. 7 provided for extending the service through State FY'16 with a quota of 1,500 pumpouts per month. The State Legislature provided $500,000, and $57,450 was provided by BIF. • Amendment No. 8 provided an increased annual service cost to $875,760, and increased the monthly quota to 1,800 pumpouts. The State Legislature provided $500,000, and $195,760 was provided from BIF. • Amendment No. 9 provided for a continuation of the service for one year with the same quota and annual cost. The State Legislature provided $277,650, and $418,110 was provided from BIF. • Proposed Amendment No. 10 for FY'20 only: The State Legislature provided has provided $750,000, and $271,719.88 is being provided from BIF. Packet Pg. 2073 T.4 Due to the June 30, 2019, expiration of Amendment No. 9 to the Agreement, and in order to maintain uninterrupted service, it is necessary to amend the Agreement to continue the County's pumpout service for an additional year. Pumpout USA, Inc., has indicated a need to replace or maintain pumpout vessels, engines and equipment in the upcoming year. In its 2019 Session, the State Legislature appropriated funding for the pumpout service in the amount of$750,000 (for one year) to help offset the program cost for the next State fiscal year starting July 1, 2019, and continuing through June 30, 2020. The funding contract is being written and managed by FDEP, which requires that the County's contract with Pumpout USA, Inc., be executed prior to the Legislative funding contract going forward. As discussed at the January 2019 BOCC meeting, Pumpout USA, Inc., has continued to increase the number of pumpouts performed and staff suggested a possible increased quota to better reflect the level of work being performed, therefore ensuring that the Contractor is able to provide for necessary maintenance and/or replacement of pumpout vessels and equipment in the upcoming year of service. Staff has coordinated with the Contractor and is proposing an increase in the FY'20 quota from 1,800 to 2,200, at the current rate of$40.54444 per pumpout. The current quota (1,800) and cost per quarter ($218,939.98) would remain the same in the first quarter (July 2019 through September 2019), then would increase to a quota of 2,220 per month for FY'20 at the current rate of$40.5444 in quarters two through four as indicated below. Quarter Quota Rate (cost per pumpout) Quarterly Cost Quarter 1 1800 $40.54 $218,939.98 Quarter 2 J 2200 .l $40.54 $267,593.30 . Quarter 3 2200 $40.54 $267,593.30 . Quarter 4 2200 $40.54 $267,593.30 Total annual cost $1,021,719.88 Based upon the total contract amount and the $750,000 grant agreement, the cost to the County is $271,719.88 (26% of the overall contract cost). Amendment No. 10 is provided for Board approval. This amendment is contingent upon receiving sufficient, continuous funding from the State (i.e., the $750,000 Legislative grant). In order to assist in expediting the execution of the pending FDEP $750,000 grant contract, staff anticipates utilizing Resolution No. 267-2007 to allow the County Administrator to sign and approve the FDEP grant contract as soon as it is finalized by the FDEP. Summary of the Vessel Pumpout Program Success The Pumpout Program has operated continuously since January 2013, and the one millionth gallon Packet Pg. 2074 T.4 of sewage was pumped out in December of 2016. The current pumpout quota of 1,800/month was established in September 2017. Subsequent to Hurricane Irma in September 2017 (during which pumpout requests dwindled due the number of sunken and displaced liveaboard vessels), pumpout numbers rebounded in October 2017, and have exceeded the current quota for the past year. Number of Puam pouats 3000 2500 2000 1500 1000 500 0 May June July Aug Sept Oct Nov Dec. Jan ]Feb March A r11 2018 2019 Sewage Removed (gall.) 45000 40000 35000 30000 25000 20000 15000 10000 5000 0 May June July Aug Sept Oct Nov Dec. Jan ]Feb March April 2018 2019 PREVIOUS RELEVANT BOCC ACTION: December 2012 - Approval of Agreement with Pumpout USA March 2013 - Approval of Amendment No. 1 to the Agreement with Pumpout USA July 2013 - Approval of Amendment No. 2 to the Agreement with Pumpout USA September 2014 - Direction to amend the Agreement extending service for two additional years November 2014 - Direction to send a letter to CVA requesting sufficient funding to the Contractor December 2014 - Approval of Amendment No. 3 to the Agreement with Pumpout USA January 2015 - Approval of Amendment No. 4 to the Agreement with Pumpout USA March 2015 - Approval of Amendment No. 5 to the Agreement with Pumpout USA November 2015 - Approval of Amendment No. 6 to the Agreement with Pumpout USA August 2016 - Approval of Amendment No. 7 to the Agreement with Pumpout USA September 2017 - Approval of Amendment No. 8 to the Agreement with Pumpout USA July 2018 - Approval of Amendment No. 9 to the Agreement with Pumpout USA Packet Pg. 2075 T.4 CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Amendment No. 10 DOCUMENTATION: Pumpout USA- Amendment No. 10 Attachment A- Scope of Work Original Agreement for pumpout service Certificates of Insurance FINANCIAL IMPACT: Effective Date: July 1, 2019 Expiration Date: June 30, 2020 Total Dollar Value of Contract: $1,021,719.88 Total Cost to County: $271,719.88 Current Year Portion: $31,439.98 Budgeted: Yes Source of Funds: 157-62613 and DEP (Legislative) grant account CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: Yes County Match: N/A Insurance Required: Yes Additional Details: OMB will establish the grant account when $750,000 DEP grant is approved 07/01/17 NEW COST CENTER ADDED $750,000.00 DEP grant acct to be created 07/01/17 157-62613 - B I FEES/RETAINED VESSEL $271,719.88 Total: $1,021,719.88 REVIEWED BY: Peter Morris Completed 06/11/2019 12:21 PM Cheryl Cioffari Completed 06/11/2019 12:36 PM Assistant County Administrator Christine Hurley Completed 06/11/2019 12:54 PM Budget and Finance Completed 06/11/2019 1:03 PM Packet Pg. 2076 T.4 Maria Slavik Completed 06/11/2019 1:11 PM Kathy Peters Completed 06/11/2019 1:12 PM Board of County Commissioners Pending 06/19/2019 9:00 AM Packet Pg. 2077 AMENDMENT NO. 10 TO AGREEMENT BETWEENPUMPour USA,INC. .AND MONROE COUNTY, FLORIDA. for KEYS-WIDEMOBILE VESSEL Pum.pour SERVICE THIS AMENDMENT O. 10 TO A(xREEMENT is made and entered into this 19th day of.h,ine, 2019, between Monroe County .Board of County Commissioners (hereinafter the "County" or the "'Board") and Pump out 1JSA, Inc., a for profit corporation of the State of Florida (hereinafter E 0 "Clontractor"). 2 WITNESSETH: M WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide 0 IL .Keys wide mobile vessel pumpout service (the "Service"') for two years, including a quota of 1,300 0 pumpouts per month, at a.cost of$21.81 per purnpout in the first year; and Q 17 0 Z WHEREAS, the County initially established the SUbject pumpout program as a free service to customers in order to optimize utilization of the service and to gain and ensure compliance with E 'a the existing No Discharge Zone regulation(s) applicable to state waters within the Florida Keys National Marine Sanctuary pursuant to Code offederal Regulations Part 140; and E 4- WHEREAS, Amendment No. I to tine Agreernent was approved on March 20, 2013, 0 deleting SectionXII ("Donations and Grants"), and including Attachment 11 ("Conti-act > 0 Provisions"') and Attachment I ("Regulations") as requested by the Florida Department of Environmental Protection (FDEP), which had a separate agreement with the Contractor for th.e < purnpout service to Monroe County; and Q Ir- 6 WHEREAS, Amendment No. 2 to theAgreernent was approved on July 17, 2013, to Z eliminate the quota and per purnpout cost due to a slow startup of service, and to allow for full quarterly payments to be made to the Contractor; and E E WHEREAS, Ai nendment No. 3 to the Agreement was approved on December 10, 20 14. to extend the .Agreement through January 31, 2015; and WHEREAS, Amendment No.. 4 to the Agreement was approved on January 21., 2015, to 0 extend the Agreement through March 31, 2015; and 0. E WHEREAS, Amendment No. 5 to the Agreement was approved on March 18, 2015, IL extending the purnpout service for an additional two year(2--year) period, establishing a rate of E $2 1.10 per purnpout, establishing a.not-to exceed annual cost of$379,800 based on an increased quota of 1,500 pump outs per month, arid requiring an annual audit of the Statement of.Revenues and Expenses associated with the Agreement withMonroe County; and < WHEREAS, the FDEP in August 2015 directed ivs Clean Vessel Act ("CVA") Program to provide future grants directly to the County rather than to the ontractor, therefore providing uniformity i n work n ig with counties throuhou gt tine o b e state tiC fild sustainable pump out programs, using Mori.roe County's pumpout program as a model; and I of 22 Packet Pg. 2078 WHERY1 S, 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, including a $100,000 legislative appropriation and $187,500 in CVA grant funding; and WHERE AS, Amendment No. 7 to the Agreement was approved on August 17, 20M 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 M $172,350 in CVA grant funding; an 0d E WHEREAS, Amendment No. 8 to the Agreement was approved on September 20. 2017, providing for Service through June 30, 2018, increasing the quota to 1,800/rnonth, and increasing cas the annual cost to $875,760, and reflecting the specific funding sources and levels provided directly M to the County from the State, including a $500,000 legislative appropriation and $180,000 in CVA 0 grant Funding-- and 0 WHEREAS, Amendment No. 9 to the Agreement was approved on July 18, 2018, 0 z providing for Service through June 30, 2019, and reflecting the specific funding sources and levels M provided directly to the County from the State, In a $277,650 legislative appropriation an 0d E $180,000 in CVA funding; and 'a M 0 E WHEREAS, in 2019 the State provided a legislative appropriation of $750,000 to the 4- County to help offset the cost of the County's Service for one year from July 1, 2019, through June 0 1� 30, 2020; and > 0 WHERE,AS, the County desires to continue the Service provided by the Contractor at a < total annual cost of $1,021,719.88, leased on 1,800 purnpouts per month in the first quarter of CD Ir- service, and an increase in that quota to 2,200 pumpouts per month in the remaining three quarters 6 z of service, and recognizes the benefit of receiving :funding from the State which may provide for M 731y"o of the cost of the Service for one year; and 0 E 'a M WHEREAS,the Agreement between the County and the Contractor requires amendment in 0 E order to provide for changes in funding sources and to the terms of the Agreement, NOW, THEREFORE, IN CONS IDERA,riON of the mutual covenants contained herein, M the parties have entered into this Amendment No. 10 as follows: 0 0. E (L 4i M 0 E 2 of 22 Packet Pg. 2079 Article LLO Representations and Warranties and Term. of Contract By executing this Amendment (hereinafter tine "Amendment," "Contract," or"'Agreement"), the I CONT RACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits, or other authorizations necessary to act as CONTRACTOR for the COUNTY until the CON,rRACTOR'S duties heretander have been filly satisfied. E 1.1.2 The CONTRACTOR shall prepare all documentation required by this Contract in such a. manner that.they will be accurate, coordinated, and adequate for use in verifying work completed and associated costs and shall be in conformity and comply with all applicable law, codes, and regulations. The CONTRA.CmR warrants that the documents prepared as (n pail: of this Contract will be adequate and sufficient to document costs in a manner that is 0 acceptable for reimbursement by government agencies, therefore eliminating any additional a. 0 cost due to missing or incorrect information, 0 1.1.3 The CONTIUCTOR assumes full responsibility to the extent allowed by law with regard to z his performance and with regard to those directly under his employ or authority. E 1.1.4 The CONTRAcTOR's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of'rasks expressly assigned by tile E C01JNTY. In providing all services pursuant to this Contract, the CONTRACTOR. shall < 4- abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the 0 1� provisions of such services, including those now in effect and hereafter adopted. Any > 0 violation of"said statutes, ordinances, rules or regulations shall constitute a material breach CL of this Contract and shall entitle the COUNTY to terminate this contract immediately upon < delivery of written.notice of termination to the CONTRACTOR. CD It- 1-1.5 At all tinies and for all puil')oses under this Contract the CONTRACTOR is an independent 6 z contractor and is not an employee of the COLYNTY. No statement contained in this Contract r_ shall be construed so as to find the CONTRACTOR or any of his/her employees, 0 E subcontractors, servants, or agents to be employees of the COMTY, As an independent CONTRACTOR the CONTRAC'll OR.. shall provide independent, professional judgment and E comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. 1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, 0 color, national origin, sex, age, or any other characteristic or aspect which is not job related, 0. E in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this Contract or with the provision of services or goods under this Contract. LL7 The effective date of this Contract shall be the last day on which this Contract is signed by E both of the parties. 1.1.8 Term of Amendinent. "I"he term of the Amendment shall be for one-year commencing on July 1, 2019, and ending on June 30, 2020, unless terminate(I earlier under the terms of the Contract, as amended. However, the Arnendrnent is contingent upon sufficient, continuous .funding to the (:,ounty by the FDEP and/or other sources. If the applicable F.DEP (or other) fi,tnding agreement is cancelled or becomes insufficiently funded., this amended Agreement is also void, unless the parties amend it in the say-ne manner as it was originally approved. 3 of 22 1 Packet Pg. 2080 Article 2.0 Scope of Services.,, The CONTRACTOR shall do, perform, and carry out in a professional and proper manner the Scope of Services described below. The CONTRACTOR shall be the exclusive provider of mobile vessel pumpout services for the County in all areas of the Florida Keys witifin Monroe County and shall also coordinate with the County and with the Florida Fish and Wildlife Conservation Commission("FWC"') on providing and ensuring sewage purnpout compliance within the County. A detailed Sc e of Services is 21 -0 11—INIce-s attached as Exhibit "A." E 0 2.1 Correction of Errors, Omissions, Deficiencies., The CONTI cTOR shall, without 2 additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CON'Ll"Z-ACTOR. Article 3.0 Amount of Compensation and Availability of Funds. 0 a. 0 3.1 'The CON'rRACTOR shall not charge customers of the pumpout service for the services rendered under this amended Agreement, 0 z 'rhe County, in consideration of the CONTRACTOR satisftictorily perl"orming and carrying out the E objectives of tire County as to providing mobile vessel punipout service, shall pay to the CONTRACTOR up to the sum of One Million Twenty One Thousand Seven Hundred and Nineteen E DOLLARS and Eighty-Eight CENTS ($1,021,719.,88) for one year, used on a quota of 1,800 4- PUMPOUtS per morith during the first quarter of service wid 2,200 pumpouts per month during the 0 remaining three quarters of service, all at a per unit (per pump out) price of$40,54-444,, as indicated 0 below. Quarter 1 1,800 pumpouts/month (5,400/1quarter) at $40,54444 $218,939u98 Quarter 2 - 2,200 pumpouts/month (6,600/quartef) at $40.54444 $267,59330 6 z Quarter 3 2,200 pumpouts/month (6,600/quarter) at $40.5444.4 $267,59330 Quarter 4 , 2,200 purnpouts/morith (6,600/'quarter) at. $40.54444 $267,593.30 E Quarterly payments will be paid used on the quarterly quota being reached. If the quarterly quota is E not reached, payment will be based on the number of purnpouts perfbrmed at the cost per pumpout of$40.54444. Payment will not be made for pumpouts exceeding the quarterly quota. If funds from FDEP or other sources cannot be obtained or cannot be continued at a level sufficient 0 to allow for continued reimbursement of expenditures for services specified herein, this Agreement 0. E may be terminated immediately at the option of the Board by written notice of termination delivered IL to the CONTRAC,rOR. The Board shall not be obligated to pay for any services or goods provided by the CON'rRACTOR after the CONTRACTOR has received Aq'itten notice of termination. E Payment under this amended Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. 3.2 Payment. 'rhe County shall pay the CONTRACTOR in current funds for the CONTRAcTOR's performance of auttiorized work, Payments (as described above) will be made quarterly by the County to the C I ONTRACTOR. 'The quarterly payments are based on the quarterl y quotas indicated above, at a per unit rate of$40,5444-44. Conditions for pa,.�,mient are as follows. (AJAt the end of each quarter, the C'ON,mACTOR shall provide an invoice acceptable to the Monroe County Clerk. of Court (hereinafter the "Clerk"), along with docurrientation of 4 of 22 1 Packet Pg. 2081 service(s) as described in the attached incorporated Scope of Services. Quarterly invoicing shall The based on a quarterly maximum of 1,800 pumpouts in the first quarter and 2,200 pumpouts per month in subsequent quarters at the per unit rate of$40.54444 per pumpout. In the event the CONTRACTOR performs fewer pumpouts than the quarterly quotas, the difference shall not lie made up :for in other quarters. In the event the CONTRACTOR performs more than the applicable qtiota. in any given quarter, the County shall not pay for the additional pumpouts. ffll'rravel and lodging are specifically excluded from payment. Payment shall be made only for E 0 services provided (i.e., individual punipouts) and there are no reimbursable items, 2 t )CONTRACTOR's firial invoice must be received within sixty (60) days of the termination or expiration of this contract. M 0 IL In addition, the CONTRAC.".TOR shall provide quarterly invoicing documentation, as described 0 Q above, and keep a list of receipts/invo ices for expenditures, defined as allowable in accordance with 17 0 FDEP Clean Vessel Act guidelines. Invoicing shall be made within fifteen (15) calendar days of the z end of each quarter. E 'a 3.3 Local Government Prompt .payinent Act., Payment will be made according to the Local Government Prompt Payment Act, Any request for payment niust be in a form satisfactory to the E Monroe County Clerk of Court. The request must describe in detail the services performed, the 4- payment arnount requested, and supporting documentation, 0 0 Annually, the CONTRACTOR.must furnish to the County the following (prior to the payment of any invoices, items (A).through fE) must be provided): (AlList of the CONTRACTOR's Board of Directors. For each board member please indicate 6 z when elected to serve and the length of term of service; if the C 0NTRAC,r0R is a sole proprietorship, provide name of owner(s) and duration of ownership- (j.3 E If a corporate entity or similar business organization, evidence of annual election of officers and directors-, E If a corporate entity, the entity's Articles of Incorporation and Bylaws; fll. The entity's Policies and Procedures Manual, which must include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; M ffi,Cooperation with County monitoring visits that the County may request: during the contract 0 year; and 0. E M Other reasonable reports and information related to compliance with applicable laws, a. contract provisions, and the scope of services that the County may request during the contract year. E 3.4 Bmud get. The COWRACTOR may not be entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this Contract in the < County's fiscal year (October I - September 30) by the C01JNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissi 9 ners.. The COUNTY's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of Contract initiation, anal us furthermore contingent upon sufficient, continuous funding to the County by the DEP and/or other sources. 5 of 22 1 Packet Pg. 2082 Article 4.0 Renewal. The County shall have the option to renew this Agreerrient for an additional one year period. Article 5.0 Contractor's Lice nse. The CONTRACTOR shall secure, maintain and pay for any permits and licenses necessary to operate pumpout vessels and associated equipment and infrastructureAt is the CONTRACTOR's responsibility to maintain all permits and licenses that may be required. By signature hereon, the CON TIZAcToR warrants that it is authorized by law to engage in the E 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 0 will at all times conduct: its business activities in a reputable manner. a. 0 Article 6.1all Insurance 0 Z 6.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Contract is in effect. In the event the completion of authorized work is delayed E or suspended as a result of the CONTRACTOR..'s failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the County ftorn any and all increased expenses E resulting from such delay. 4- 0 6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate 0 this Contract. 6.1.3 The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this Contract. 6 Z 6 1.4 Delays in the commencement or completion of work., resulting from the failure of the E CONTRACTOR to provide satisfactory evidence of the insurance required under this Contract, shall not extend deadlines specified in this Contract, and any penalties and failure to perform E assessments shall be imposed as ifthe work commenced on the specified date and time. 6.1.5 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed :D as relieving the CONTRACTOR from any liability or obligation assumed under this contract or 0 imposed by law. 0. E IL 6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured and as a I....oss Payee on all of the CC)NTRACTOR's insurance policies issued to satisfy this C 1 E ontract's requirements, except for Workers" Compensation. 61.7 All insurance policies must specify that they are not subject to cancellation, non renewal, material change, or reduction in coverage unless a minimum of thirty (30) days prior notification is given to the County by the insurer. 6.2.0 General Liability Insurance 6.2.1 As a pre-requisite of the work governed, or other goods supplied under this Contract (including the pre staging of'personnel and material), the CONTRACTOR shall obtain, at his/her/its 6 of 22 1 Packet Pg. 2083 own expense, insurance as specified in the attached schedules, which are made part of this Contract. The CONTRAC,rOR shall require all subcontractors to obtain insurance consistent witi-i the attached schedules, The CONTRAC,rOR shall ensure that any and all sub-contractors maintain the same types and amounts of insurance required of CONTRAcTo.R. The CONTRACTOR shall be named as an additional insured on all subcontractors' liability policies. Upon request of County, the CONTRACTOR shall provide such evidence of insurance required of the subcontractor, 6.2.2 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 insurance E required by this Contract has been furnished to the County as specified herein, and, when requested 2 by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of insurance for all approved subcontractors, 0 6.2.3 'rhe coverage provided herein shall be provided by an insurer with an.A.M. Best rating of VI IL or better, that is licensed to business in the State offlorida and that has an agent for service of 0 process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) Q 17 0 days' notice to the County prior to any cancellation of said coverage, Said coverage shall be written Z by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY. E 'a Prior to the commencement of work governed by this Contract, (lie CONTRACTOR shall obtain and maintain General Liability ifISUrance. Coverage shall be continuously maintained and include. E at a minimum: 4- 0 1� Insurance Rot RkErnent geqgLired,.Li inits > 0 Worker's Compensation $100,000 Bodily Injury by Accident < $500,000 Bodily Injury by Disease, policy limits Q Ir- $100,000 Bodily Injury by Disease, each employee 6 Z Recognizing that.the work governed by this Agreement involves Maritime Operations (not to be associated 5 E with Longshoremen's Insurance) , the CONTRACTOR.5 s Workers' Compensation Insurance Policy shall 'a include coverage for claims subject to the Federal Jones Act (46 US.C.A. subsection 688) with limits not 5 E less than $1 million. "rhe CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection and :D Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by '= 0 a Workers' Compensation policy. 0. E General Liability $300,000 Combined Sin9 le Limit If split limits are provided, the minimum limits acceptable shall E be- $200,000 per person $300,000 per occurrence < 200.000 property damage Vehicle Lability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence 7 of 22 1 Packet Pg. 2084 $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,ttie CON"rRAcrold shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will cover and respond to bodily injury, property damage, and environmental damage caused by a discharge of wastes which are governed by this Agreement. The policy niu.st specifically identify this contract and specify that E 4) coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in 2 connection with, and/or related to the services governed by this .Agreernent. The minimum limits of liability shall be: :D 0 a. $1 million per Occurrence 0 Q 17 If coverage is provided on a clairns made basis, an extended clairns reporting period of one (1) year 0 Z will be required. E Monroe County and its Board of County Commissioners shall be named as an Additional Insured. E Watercraft Liability $1 million Combined Single Limit (CSI...,) < 4- 0 Prior to the commencement of work governed by this Agreement, the CONTRAC"FOR shall obtain � Water Craft Liability Insurance with terms no less restrictive than those .found in the standard 0 "American Institute [lull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout 0. the life ofthis Agreement and include, at a minimum: • Injury (including death) to any Person; • Damage to Fixed or M ovab 6le Objects; Z • Costs Associated with time removal of Wrecked Vessels- and • Contractual Liability with Respect to this Agreement. E If the policy obtained states that coverage applies for the "Acts or Omissions ofa Vessel", it shall E be endorsed to provide coverage for the legal liability of the ship-owner. ,rhe minin-rurn limits acceptable shall bey (n $1 million Combined Single 1,imit (CSI...,) 0 0. E Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. IL Monroe County and its Board of County Commissioners shall be named as Additional Insured and E as a I...oss Payee on all policies issued to satisfy the above reqtfirements. The CONTRACTOR shall maintain the insurance required by this Contract throughout the entire term of the Contract and any extensions specified in the attached schedules. Failure to comply with these provisions may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. The CONTRACTOR shall provide, to the COIJN"rY, as satisfactory evidence of the required insurance, either: 8 of 22 Packet Pg. 2085 • A Certificate of Insurance or • A certified copy of the actual insurance policy. The CONTRACTOR must provide a certified copy oath/its actual insurance policy or policies upon request by the County, notwithstanding that the CONTRACTOR may have already provided a Certificate of Insurance. E 6.2.4 Coverage shall be maintained throughout the entire term of the contract. 6.2.5 Cover-age shall be provided by a company or companies authorized to transact business in (n :D the state of Florida. 0 IL 0 (,2 6 If the CONTRACTOR.has been approved by the Florida Department of Labor as an authorized self-insurer, the COUNTY shall recognize and lion or the CON'rRACTOR'S status„ 'rh 0 Z CONTRACTOR may be required to submit a Letter ofAt,ithorization issued by the Department of r_ Labor and a Certificate ofInsurance, providing details on the CIONRACTOR T 'S Excess Insurance 0 E Program, E 6.2 7 If the CONTI CTOR participates in a self-insurance fund, a. Certificate of Insurance will < 4- be required. In addition, the CONTRACTOR may be required to submit updated financial 0 1� statements from the fund upon request f Cu rorn the onty. > 0 6.2.8 The CONTRACTOR shall require its subcontractors to lie adequatelyinsured at least to the limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the coi NTY during the term of this Contract. The COI JNTY will not pay for increased limits of 6 insurance for subcontractors. Z 6.2.9 The CONTRAC JOR. shall provide to the COIJNTY certificates of insuurancc and/or a copy E 'a of all insurance policies including those naming the COLNTY as an additional insured and as a loss payee. The COUNTY reserves the right to require a certified copy of such policies upon request. E Article 7. Staffing Since this contract is a. service agreement, staffing is of paramount importance, (n CONTRACTOR..shall provide services using the following standards, as a minimum requirement: 0 0. (A E )The CONTI CTGR 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 a. contractual relationship with the County. E (RI.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. Article 8. I.Rilities. The CONTRACTOR shall be responsiblefor payment of any utility charges associated with the inobile purnpout service. .A.11 utility accounts shall be held in the CONTRACTOR's name, 9 of 22 Packet Pg. 2086 Article 9.0 Indemnification and Hold Harmless. 9 1. The CONTRACTOR covenants and agrees to hold harmless the COLJN'I'Y/.Monroe County and Monroe County Board of County Commissioners, and its officers and employees, from liabilities, damages, losses, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and attorney's .fees, or liability of any kind J1.) arising out of, related to, or in connection with the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR, subcontractor(s), and other persons employed or utilized by the CONTRACTOR In the performance of the CONTRACT, or arising out of, related to, or in connection with the E .1 4) willful non.-performance of the CON"rRAJOR. The CONTRACTOR shall be solely responsible 2 and answerable for any and all accidents or injuries to persons or property arising Out Of its performance of the Contract, including those of any subcontractors. 0 9.2 'The first ten dollars ($10.00) of remuuneration paid to the CONTRACTO.R is for the IL indemnification provided .for above, 'The extent of liability is in no way limited to, reduced, or 0 lessened by the insurance requirements contained elsewhere within this Contract., Should any claims 0 be asserted against the COUNTY by virtue of any deficiency or arribiguity in the plans and Z specifications provided by the CONTRAc"I-OR, the CONTRAETOR agrees and warrants that he shall hold the COUNTY harmless and shall indemnify him frorn all losses occurring thereby and E shall fin-ther defend any claini or action on the COIJNTY's behalf. E 9.3 In the event completion of the work assigned (to include the work of others) is delayed or 4- suspended as a result of the CONTRA.CTOR's failure to purchase or maintain the required 0 insurance, the CONTRACTOR shall iridemnify the C0t.JNT`Y .from, any and all increased expenses 0 resulting from such delays. Should any claims be asserted against the COIJ.NTY by virtue of any deficiencies or ambiguity in the plans and specifications provided by the COLJNTY or < CONTRACTOR, the CON'r.RA.c,rOR agrees and warrants that:the CONTRACTOR shall hold the CD COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend 6 Z any claims or action on the COUNTY's behalf. E 9.4 Ti.,e CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY, for whatever cause, during the progress of E any portion of the services specified in this Contract. 'The CONTRACJOR agrees that it shall not be entitled to damages for delay 9.5 'The CONTRACTOR shall be responsible for the completeness and accuracy of its work, 0 plan, supporting data, arid other documents prepared or compiled under its obligation for this 0. E project, and shall correct at its expense all significant errors or omissions therein which may be IL disclosed. The cost of the work necessary to correct those errors attributable to the CONTRAETOR and any damage incurred by the COLJNTY as a result of additional costs caused. by such errors shall E be chargeable to the CONTRAcrOR, 9.6 'The extent. of liability is in no way limited to, reduced, or lessened by the insurance < requirenients contained elsewhere in this Contract. 9.7 This indemnification small survive the expiration or early termination of the Cqntract, Article 1.0. Facilities and Equip meet. CONTRAcTOR hereby accepts the use of any Count5/ 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 CONTRAcrOR 1.0 of 22 1 Packet Pg. 2087 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 sole responsibility of the CONTRACTOR. Upon the written permission of the County's County Administrator, the County may provide a slip for CONTRAcrOR's pumpout boat at the Murray Nelson Government Center in .Key Largo. Article 11. Contractor's Assumption of Premises and Conditions. The CONTRACTOR hereby agrees that it has carefully examined the facilities arid equipment provided by the County and has niade investigations to ftilly satisfy itself that such facilities and/or equipment are suitable for this E work and it assumes full responsibility therefor. The provisions of this Agreement shall control any 2 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 :D 0 Agreement be more strongly construed against the County than against the CON,mACTOR. (L 0 Article 12. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be responsible for the maintenance, repairs, and upkeep of facilities and equipment con 0veyed to, or z provided for the use of, the CON'r.RACToR. The CONTRACTOR. shall maintain County dockage, or other facilities, and all equipment in a clean, safe, and sanitary manner, E Article 13. Breach of Terms by Contractor. The passing, approval, and,lor acceptance by the E County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver 4- by the County of strict compliance with the terms of this Agreement, and specifications covering 0 the services. Any CONTRAC,rOR.'s breach of this Agreement shall be governed by the article 0 below on termination fbr cause. The CONTRACT OR agrees that the County Administrator may designate representatives to visit any facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's 6 z maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator r- may designate representatives to visit the facilities or offices periodically to conduct random open 0 E file evaluations during the Contractor's normal business hours, E Article .14. Termination Without Cause. The County may terminate this Contract without cause by providing the CONTRACTOR with written notice of termination at least thirty (30) days prior to the date of termination. Compensation stiall be paid to the CONTRACTOR through the end of :D provision or services or for the thirty (30) days, whichever is shorter, 0 0. E Article 15. Termination with Cause. In addition to all the terms set forth herein, the County may a. terminate this Agreement for cause if the CONTRACTOR shall default in the performance of any of its obligations under this Agreement.. Bases for default shall include, but is/are not limited to, the E 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: CA)Failure to provide pumpout services to live-aboards as described in this Agreement. 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.. Breach of any other term, condition, or requirement of this Agreement. H of 22 1 Packet Pg. 2088 Article .16. Maintenance of Records. The CONTRACTOR shall comply with all public records and records retention requirements mandated by Section 24, Articlel, of the Florida Constitution, and Chapter 119, Florida Statutes, and shall maintain and keep all books, documents, and records directly pertinent to performance under this Contract as are necessary to document the performance of this Agreement/Contract and expenses as incurred and in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7 years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR § 200.333, whichever is greater. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by the E CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be 2 deenied a material breach of this Contract and tine C0LJNTY may enforce the terms of this provision in the form ofa court proceeding and shall, as a prevailing party, be entitled to reimbursement of all allorney's fees and costs associated with that proceeding. This provisions shall 0 survive any termination or expiration of the Contract. Each party to this Contract or its authorized Q. representatives shall have reasonable and timely access to such records of each other party to this 0 Contract during the term of the Contract and for four years following the termination of this 0 Contract, If an auditor employed by the C01J-NTY or Monroe County Clerk of Court determines Z that monies paid to the CON,rRACTOR purstiant to this Agreement/Contract were spent for purposes riot authorized by this Agreernent/Contract, or were wrongfully retained by the E CONTRACTOR, the CONTRAcTOR shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the r-nonies were paid by the E COUNTY. 4- 0 In addition, the CONTRACTOR shall, at its expense, provide the County with an annual audit, 0 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. 6 Z r- Tine CONTRACTOR shall also allow the County to inspect the CONTRAcTOR's facilities, 0 E equipment, or vessels at any reasonable time, E Article 17. Public Access and Public Records Compliance. The CONTRACTOR must comply with all Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article 1, of the Florida Constitution. "rhe COUNTY and the CONTRACTOR. shall :D allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or 0 other"public record" materials in its possession or under its control subject to the provisions of 0. E Chapter 119, Florida Statutes, and made or received by the C01 JNTY and CONTRACTOR in a. conjunction with and in connection with this Contract and related to Contract performance. The COUNTY shall have the right to unilaterally cancel this Contract upon violation of this provision by E the CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be deemed a material breach of this Contract and the CO UNTY may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to < reimbursement of all attorney's fees and costs associated with that proceeding, This provision shall survive any termination or expiration of the Contract., The CONTRAcTOR is encouraged to consult with its advisors about Florida's public records laws In order to comply with this provision. Pursuant to Section 119.070 1, Florida Statutes, and the terms and conditions of this contract, the CONTRACTOR is required to: 12 of 22 1 Packet Pg. 2089 Keep and maintain public records that would be required by the COUNTY to perform the service. Upon receipt from the CO(JNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. fD Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the E 0 Contract term and following completion of the Contract if the CONTRACTOR does not 2 transfer the records to the COUNTY. �41 Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in :D possession of the CONTRACTOR.or keep and maintain public records that would be 0 (L required by the CO(JNTY to perform the service, lithe CONTRACTOR transfers all public 0 records to the COUNTY upon completion of the contract, the CONTRACTOR. shall destroy Q 17 any duplicate public records that are exern t or confidential and exempt from public records 0 p Z disclosure requirements, If the CONTRACTOR.keeps and maintains public records upon completion ofthe Contract, the CONTRACTOR. shall meet all applicable requirements for E 'a retaining public records., All records stored electronically must be provided to the COLJNTY, upon request from the COUNTY's custodian of records, in a format that is compatible with E the information technology systems of the COtJNTY. < 4- 0 L5). A request to inspect or copy public records relating to a COUNTY Contract must be made 0 directly to the COUNTY, but if the COUNTY does not possess the requested records, the COUNTY shall immediately notify the CONTRACTOR of the request, and the COfi TRACTOR.must provide the records to the (-20UNTY or allow the records to be inspected or copied within a reasonable time. 6 Z If the CONTRACTOR does not comply with the COUNTY's request for records, the COUNTY shall enforce the Contract's maintenance of records and/or public access and public compliance E provisions, notwithstanding the COUNTY's option and right to unilaterally cancel this Contract upon violation of said provision(s) by the CONTRACTOR, A CONTRACTOR.who fails to provide E the public records to the COUNTY or pursuant to a valid public records request within a reasonable time may be sulZject to penalties under Section 119.10, Florida Statutes. The CONTRACTOR shall not transfer custody, release. alter, destroy or otherwise dispose of any 0 public records unless or otherwise provided in this provision or as otherwise provided by law. 0. E IF THE CONTRACT E APPLICATION OF CHAPTER 119,_FLORIDA STATU ES TQTHE CONTRACTOR'SDUTYTO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT- CONTACT THE CUSTODIAN OF PUBLICRECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-BRIAN OE CO UNTY ATTORNE Y'S OFFICE 1.111. 12TH Street S UITE 408 KEY WEST FL 3.3040. 13 of 22 Packet Pg. 2090 Article 18. Compliance withLaw., 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. "pine CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. E Article 19. Disclosure, Conflict of Interest, and Code of Eth ics. f The CON,mACTOR 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 0 (L Section 112.3 11, et. seq., Florida Statutes. 0 Q 17 LB)Upon execution of this Agreement, and thereafter as changes may require, the 0 Z CON'mAcrOR shall notify the County of any financial interest it may have in army and all contracts with Monroe County. E County agrees that officers and employees of the County recognize and will be required to E comply with the standards of conduct for public officers and employees as delineated in 4- Section H 2.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of 0 1� gifts; doing business with one's agency- unauthorized compensation; misuse of public > 5 0 position, conflicting employment or contractual relationship- and disclosure o[ use of certain information, Article 20. Notice Requirements. Any notice required or permitted under this Agreement shall be 6 Z in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: E FOR COUNTY- E Monroe County Administrator and Monroe County and Monroe County Attorney 1100 Simonton Street Senior Director I I 11 12"' St., Suite 408 Key West, FL 33040 Planning & Environmental Key West, FL 33041 0 Resources Department 0. E 2798 Overseas Hwy. Marathon, FL 33050 E FOR CONTRAcrOR: Donnie Brown, Pumpout I JSA < 1150 Highway 83 North DeFuniak Springs, Florida 32433 Article 21. ,raxes. The County is exempt .frorn payment of Florida State Sales and LJse 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. 14 of 22 1 Packet Pg. 2091 The CONTRAC TOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. Article 22. Financial Responsibility. The CONTRACTOR shall riot 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 turther warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this Agreement. Article 23.1.0 Miscellaneous E 23.1.1 Successors and Assigns. 'rhe CON'rRACTOR shall not assign or subcontract its obligations under this Contract, except in writing and with the prior express written approval of the COIJNTY and consistent with the Contract, which approval shall be subject to such :D 0 conditions and provisions as the COUN'ry may deem necessary., 'niis paragraph shall be a. incorporated by reference into any assi I gnment or subcontract and any assignee or 0 subcontractor shall comply with all of the provisions of this Contract. Subject to the 0 provisions of the immediately preceding sentence, each party hereto binds itself, its z successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. E 23.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any reWionship, E contractual or otherwise, with or any rights inEavor of, any third party. 4- 0 1� 23.1.3 Termination. > 0 (A)ln the event the CONTRACTOR shall be found to be negligent in any aspect of the service or work, the COUN'ry shall have the right to terminate the Contract after five (5) days" written notification to the CON'rRAcTOR. 6 z (BJThe COUNTY may cancel this Contract without cause by giving the CONTRACTOR E sixty (60) days" written notice of its intention to do so. E 23.1.4 Public Entities Crimes/Convicted Vendor. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public 0 work, may riot submit bids on leases of real property to Public entity, may not be awarded or E 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 of the Florida Statutes, for CA"rEGORY E TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Contract, CON'rRACTOR represents that the execution of this Contract will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Contract and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined 15 of 22 1 Packet Pg. 2092 by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether CONTRACTOR.has been placed on the convicted vendor list. CONTRACTOR will/shall promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a public entity crime" or has been placed on the convicted vendor list. E 0 23.1.5 Claims for Federal Aid. CONTRACTOR and COUNJ'Y agree that each shall be, and 2 CD is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of < this Contract; provided that all applications, requests, grant proposals, and funding cis solicitations shall be approved by each party prior to submission. 0 IL 23.1.6 Non-Discrimination. CONTRACTOR and COUNTY agree that there will be no 0 discrimination against any person, and it is expressly understood that upon a determination 0 by a court of competent jurisdiction that discrimination has occurred, this Contract z automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR.or COUNTY agrees to comply with all Federal and E Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of 1964 (131, 88-352) which E prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the 4- 0 Education Amendment of 1972, as amended (20 USC ss. 16814683, and 1685-1686), which � prohibits discrimination on the basis of sex- 3) Section 504 of the Rehabilitation Act of > 0 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 andTreaLment Act and`l 972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug 6 z abuse- 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, I reatment and Rehabilitation Act of 1970 (pia 91-616), as amended, relating to nondiscrimination on the E 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 E and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) "I"he 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 ot'disability; 10) Monroe 0 County Code Chapter 13, Article V1, which prohibits discrimination on the basis of face, 0. E color, sex, religion, national origin, ancestry, sexual orientation, gender identity or a. expression, familial status or age- 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Contract. E 23.1.7 No Solicitation/Payment. "rhe CONTRACTOR and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Contract, For the breach or violation ofthe provision, the CONTRACTOR.agrees that the COUNTY shall have the right to terminate this Contract without liability and, at its discretion, to offset From monies owed, 16 of 22 1 Packet Pg. 2093 or otherwise recover, the full aniount of such fee, commission, percentage, gift, or consideration. 23A.8 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COLJNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 0 10-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation ofthis provision the COUNTY may, in its discretion, terminate this Contract without liability and may also, in its discretion, deduct E from the Contract or purchase price, or otherwise recover the full amount of any fee, 2 commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. M 0 23.1.9 Covenant of NoInterest. CON,rRACTOR and COU-NTY covenant tha( neitlier presently a. 0 has any interest, and shall not acquire any interest, which would conflict in any manner or Q degree with its performance tinder this Contract, and that only interest of each is to perform 17 an C 0d receive benefits as recited in this ontract, z 23.2 0 Federal Contract Requiremguts. The CONTRACTOR and its subcontractors must fi.)flow E the provisions as set forth in Appendix 11 to Part 200, as amended, including but not limited to: E 23.2.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all 4- 0 contracts that meet the definition and`"federally assisted construction contract" in 41 CFR Part 60 13 must include the equal opportunity clause provided under 41 CFR 60-1.4(b). 0 23.2.2 Davis-Bacon Act, as Amended (40 U.S.C. 3.14.1-3148). When required by Federal program legislation, all prit-ne construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon .Act (40 U.&C 3141-3144, and 3146-3148) as supplemented by 6 z Department of Labor regulations (29 CFR Part. 5, "Labor Standards Provisions Applicable to r_ Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, 0 E contractors must be required to pay wages to laborers and mechanics at. a.rate not less than tile prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, E contractors must be required to pay wages not less than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the M acceptance of the wage determination. The COUNTY must report all suspected or reported 0 violations to the Federal awarding agency. The contractors must also comply with the Copeland 0. E "anti.-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"'), As required by the Act, each contractor or E subrecipien( is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Tile COUNTY must rep ort. all suspected or reported violations to the Federal awarding agency. 23.2.3 Work.11ours and Safety Standards Act(40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the COUNTY in excess of$100,000 that involve tile employment of mechanics or laborers must comply with 40 U.S.C, 3702 and 3704, as supplemented lay .Departrent of Labor regulations (29 CF.R Part 5). Under 40 U`.&C. 3702 of theAU, each 17 of 22 1 Packet Pg. 2094 contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of-not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work In surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. E 0) 23.2.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets 2 the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research :D 0 work under that "funding agreement,"the recipient or subrecipient must comply with the IL requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and 0 Q Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any 17 0 implementing regulations issued by the awarding agency. Z 23.2.5 Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act E (33 U.S.C. 1251-1387, as Amended). Contracts and subgrants of amounts in excess of$150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air E Act (42 [J.&C 7401.-7671q) and the Federal Water Pollution Control Act as amended (33 U.,&C. 4- 125 1-13 87). Violations must be reported to the Federal awarding agency and the Regional Office of 0 the Environmental Protection Agency (EPA). > 0 23.2.6 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the Systern for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that 6 Z implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 Cal part 1989 r_ Corn prop., . 235), "Debarment and Suspension." SAM Exclusions contains the names of parties 0 E debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. E 23.2.7 Byrd Anti-Lobbying Amendment (3.1 U.S.C. 1352). Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for 0 influencing or attempting to influence an officer or employee of any agency, a member of Congress, 0. E officer or employee of Congress, or an employee of a member of Congress in connection with a. obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must r_ also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any 0 E Federal award. Such disclosures are forwarded from tier, to tier up to the non-Federal award. 23.2.8 Procurement of recovered materials as set forth in 2 CFR § 200.321 23.2.9 Other Federal Requirements. 23.3.0 Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR.pursuant thereto. 18 of 22 1 Packet Pg. 2095 23.3.1 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Contract. Thel)BE requirements of applicable federal and state laws and regulations apply to this Contract. The CO(JNTY and its CONTRACTOR.agree to ensure that DBE's have the opportunity to participate in the performance of this Contract. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the E basis of race, color, national origin or sex in the award and performance of contracts, entered 2 pursuant to this Contract, 23.3.2 The CONTRACTOR shall utilize the U.S.. Department of Homeland Security's E.-Verify M 0 system to verify the employment eligibility of all new employees hired by the CONTRACTOR a. during the term of the Contract and shall expressly require any subcontractors or subconsultants 0 performing work or providing services pursuant to the Contract to likewise utilize the U.S., 0 .Department of Homeland Security's E-Verify system to verify the employment eligibility of all new Z employees hired by thk: subcontractor or subconsultant during the Contract term. E 'a 23.3.3 NRCS Regulations, NRCS administers the EWP program through the following authorities: • Section 21.6, Public Law 81-516 (33 U.S.C. Section 7016); E 4- • Section 403 offitle IV of the Agricultural Credit Act of 1978, Public Law 95-334; and 0 0 • Section 382, Title 111, of the 1996 Farm Bill Public Law 104-127; and • Codified rules for administration of the EWP program are set forth in 7 CFR 624 Article 24. Non-Waiver of Immunity.Notwithstanding the provisions of Section 768.28, .Florida 6 Z Statutes, the participation of the CONTRACTOR and the COUNTY in this Contract and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local E 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 E contain any provision for waiver. Article 25. Privileges and Immunities. All of the privileges and immunities from liability, M exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' 0 compensation, and other benefits which apply to the activity of officers, agents, or employees of 0. E any public agents or employees of tine COUNTY, when performing their respective functions under this Contract within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees E outside the territorial limits of the COUNTY. Article 26. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or < Statutory Duties. 'rhis Contract is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Contract is not intended to, 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. 19 of 22 1 Packet Pg. 2096 Article 27. 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 tier individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Contract or be subject to any personal liability or accountability by reason of the execution of this Contract. Article 28. I n.-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Contract to enforce or attempt to enforce any third-party clairn or entitlement to or benefit of any service or program contemplated hereunder, and the E CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY or 2 any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Contract separate and apart, inferior to, or superior to the community in general :D 0 or for the purposes contemplated in this Contract. a. 0 Article 29. Governing Law, Venue, Interpretation, Costs and Fees. This Contract shall be 0 governed by and construed in accordance with the laws of the State of Florida applicable to z contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted I.br the enforcement or interl.)retation of this Contract, E COUNTY and CONTRA(IT agree that venue shall lie in the 10' Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. 'nis Contract shall.E riot be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this 4- 0 Contract shall be in accordance with the Florida Rules of Civil Procedure and usual arid customary procedures required by the circuit court of Monroe County, 0 Article 30. Attorney's Fees and costs. 'rhe COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Contract,, the prevailing party shall be entitled to reasonable 6 attorneys fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- z prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket E expenses in appellate proceedings. E Article 31. Adjudication of Disputes or.Disagreenients. 'rhe 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 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 0 may be provided by this Contract or by Florida law. This provision does not negate or waive the 0. E preceding provisions of this Contract concerning termination or cancellation. Article 32. Cooperation In the event any administrative or legal proceeding is instituted against E either party relating to the formation, execution, performance, or breach of this Contract, 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 Contract or provision of the services under this Contract. COUNTY and CONTRACTOR specifically agree that no party to this Contract shall be required to enter into any arbitration proceedings related to this Contract. Article 33. Severability., If any term, covenant, condition or provision of this Contract (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any 20 of 22 1 Packet Pg. 2097 extent by a court of competent,jurisdiction, the remaining terms, covenants, conditions and provisions of this Contract, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Contract shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Contract would prevent the accomplishment of the original intent of this Contract. The COUN'rY and CON'rRAC'rOR agree to reform the Contract to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision.. Article 34. Attestations and ,rruth in Negotiation. CONTRACTOR agrees to execute such E documents as COUNTY may reasonably require, including a PublicEntity Crime Statement, an Ethics Statement, and a Drug.-Free Workplace Statement. Signature of this Contract by CONTR.Acrot�.shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Contract are accurate., 0 complete, and current at the time of contracting. The original contract price and any additions (L thereto shall be adjusted to exclude any significant sums by which the agency determines the 0 contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other 0 factual unit costs. All such adjustments must be made within one year following the end of the Z Contract, E 'a Article 35. Authorized Signatory. The signatory for the CONnAcrOR, below, certifies and warrants that: E 4- (A)The CON'rRACTOR's narrie in this Agreement is its full name. 0 1� (B)He or she is authorized to act and contract on behalf off`CONTRAct-OR. > 0 Article 36. Authority. Each party represents and warrants to the other that the execution, delivery < and performance of this Contract have been duty authorized by all necessary County and corporate Q action, as required by law, 6 Z Article 37. Entire Agreement. This Agreement constitutes the entire Agreement between the E County and the CON'r]RACTOR 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 E Agreement. Article 38. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall :D bind and inure to the benefit of the COUN'rY arid CONTRACTOR and subcontractors and their 0 respective legal representatives, successors, and assigns 0. E Article 39. Section Headings. Section headings have been inserted in this Contract as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this E Contract and will not be used in the interpretation of any provision of this Contract. Article 40. Execution in Counterparts. This Contract 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 paities hereto may execute this Contract by signing any such counterpart, In Witness Whereof" the parties have executed this Contract as indicated below. 21 of 22 1 Packet Pg. 2098 T.4.a (SEAL) BOARD OF COUNTY COMMISSIONERS Deputy Clerk Mayor Sylvia J. Muurpnpny E By: ... _._._..� Signature: „ . � 0 By: ..._.... On behalfof. Pu Wp,ut.lJS.., Inns _._.� Witness (Signature) z MONROE COUNT" AI-1 ORNE APPROVED., AS T O FORM ASSISTANT NI > COLJII,�'FY OF The foregoing instrument aas acknowledged and attested before nee this day of d ...........2019, by _w who is personally nally known to me or produced as proof of identification and did take an oath. � (s Notary Public Saud 0. IL Print Name 22 of 22 Packet Pg. 2099 T.4.b Exhibit "A." Scope of Services For Mobile Vessel Pumpout Service Pumpout USA, Inc. ("Pumpout USA" or the "Contractor") shall provide mobile vessel pumpout service to vessels located throughout areas of Monroe County within the Florida Keys. The pumpout service is provided to mitigate, reduce, or eliminate environmental impacts associated E with the illegal discharge of sewage from vessels, and further enable compliance with regulations 2 of the federal No Discharge Zone and the Proof of Pumpout Ordinance in Monroe County authorized under Section 327.60(4), Florida Statutes. The following sections describe the Scope of Work and Deliverables for the provision of mobile a. vessel pumpout service. Section A: Scope of Work c 1. Mobile Vessel Pumpout Service Pumpout USA shall provide mobile vessel pumpout service (the "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 1� within the Florida Keys. The Service will be provided 8 hours per day, 5 business days 0 per week. Each pumpout vessel placed into service shall be capable of servicing 25-50 vessels per day and each shall be trailerable to locate and relocate to other service areas, as needed. 0 The pumpout service shall be provided at no charge to all anchored recreational vessels in 0 the waters of Monroe County within the Florida Keys (up to once per week). Pumpout 0. USA may also provide service to recreational vessels at marinas, but only after all anchored-out vessels are serviced. The first priority of each pumpout vessel shall be servicing anchored recreational vessels. Marinas may be serviced if 11 the pertinent marina does not have a pumpout facility, or Q in an emergency, which shall be limited to E the circumstance of when a marina has a pumpout, but that/its pumpout is in disrepair and not functioning. Whether or not additional similar situations at a given marina constitutes such a permissible "emergency" depends exclusively upon the County granting express written permission to Pumpout USA to pumpout a given marina.. However, service to marinas with pumpouts in disrepair and not functioning may only be provided to such marina(s) for a limited period of time; the County's written directive to Pumpout USA for Pumpout USA to cease pumping out such marina(s) shall be complied with by Pumpout USA at all times. Marina owners and/or managers wishing to have one or more vessels at his/her/its marina pumped out by the Contractor must coordinate with the Monroe County Marine Resources Office ("Office" or"Marine Resources") and must obtain said Office's express written approval of such emergency pumpout service, which may be approved by 1 of 5 Packet Pg. 2100 T.4.b said Office for a limited period of time (e.g., one month) while the marina is having the pumpout facility duly repaired and brought back into functional operation. Marine Resources staff shall determine if and for how long a marina may be provided such emergency service, based upon consideration of the facts giving rise to the marina facility's lack of adequate on-site pumpout service and the anticipated, reasonable timeline for necessary repairs to be completed at the marina facility. The Contractor may only pumpout marinas having on-site pumpouts/on-site pumpout facilities after the Marine Resources Office has coordinated with the marina facility owner and/or manager and said Office grants its express written approval to the Contractor to provide temporary E emergency pumpout service to such marina(s). During the period in which the Contractor 2 is providing such emergency pumpout service the Contractor shall monitor the status of such marina's pumpout facility repairs and shall provide that information to the County as part of its quarterly invoicing requirement(s) under this Contract and Scope of Services. Monroe County encourages all marinas to have pumpout systems, maintain a such systems, and to retain on-site or reasonably nearby spare parts for such systems to ensure that the marina's customers have necessary sewage disposal provisions (in other 17 words, the marina facility should be self-sufficient with regard to vessel sewage waste z disposal and/or treatment). E Vessel owners shall be encouraged by the County and by Pumpout USA to register for routine pumpout service (see "Registration of Customers" below), which shall assist in �E streamlining the service through the utilization of `identification decals' indicating a - vessel owner's/a vessel's participation in the pumpout program. All such decals shall be provided by Pumpout USA. 0 Vessel waste shall be offloaded and properly disposed of utilizing fixed pumpout stations located throughout the Keys, and, when necessary, shall be hauled out by licensed 0 haulers. 3: 0 2. Staffing 0 Pumpout USA, at its own expense, shall provide all personnel required or reasonably necessary to perform all requirements and obligations under this contract and all personnel engaged in performing services under this contract shall be fully qualified, and, E if required, shall be fully authorized or permitted under federal, 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 shall provide Pumpout Vessel Captains and a Maintenance Captain, as well as a Project Manager who has extensive experience and training in the marine pumpout industry. The Project Manager shall maintain an office and his/her primary duties shall include, but shall not be limited to: • Coordinating pump-out schedules; 2 of 5 Packet Pg. 2101 T.4.b • Registering customers for service; • Obtaining registrants' contact information and location for pump-out service; and • Acting as an accessible and responsive point of contact for the Florida Fish and Wildlife Conservation Commission ("FWC") concerning "Proof of Pumpout" of vessels located throughout Monroe County waters. The Pumpout Vessel Captains and Maintenance Captain shall be employees of the Contractor, and his/her/their duties shall include, but shall not be limited to: • Operating a pumpout vessel(s) on a weekly schedule within their designated E service areas; • Maintenance of an at all times adequate supply of identification decals; and • Maintenance of a written daily log identifying date, miles traveled, pumpouts performed, gallons pumped from each vessel, and fuel purchased with receipt for 0 reporting and reimbursement purposes. . 0 3. Registration of Customers 0 z Registration forms for participation in the program shall be made available online a through the Pumpout USA website. Additionally, registration forms will be made available at the Monroe County Marine Resources Office, at various marinas throughout the county, and directly from Pumpout USA's pumpout vessel operators in the approved areas of service. Registration to participate in the program shall be free for recreational 0 vessels. The participant must submit his or her registration information, which shall be entered into the service schedule by Pumpout USA. Upon the first visit/service by Pumpout USA's pumpout vessel, the pumpout vessel operator shall affix the identification decal to the bow of the serviced vessel, adjacent to the location of its state vessel registration decal. Service shall not be provided to vessels (which do not have 0 sewage to be pumped) simply for the purpose of acquiring an identification decal. 0 A service schedule for each pumpout vessel placed into service shall be made available c on the Pumpout USA website. The registration forms provided on said website shall �s request the mooring location of the vessel (latitude and longitude), 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 its captain and must expressly allow Pumpout USA's Pumpout Vessel Captain permission to pumpout the participating vessel and to board the participating vessel, if necessary. 4. Public Education Pumpout USA shall develop a website, public education materials, instructional materials, and registration packets in support of the County's mobile vessel pumpout service program. All educational materials shall primarily focus upon the importance of clean water and the impacts of sewage discharge into the environment. Such materials shall be made available online through the Pumpout USA website and may be distributed to participating marinas, local sporting goods merchants, Monroe County government 3 of 5 Packet Pg. 2102 T.4.b centers and/or Monroe County government offices, and by the FWC where they may be accessed by vessel owners, and may be distributed by FWC officers, FWC staff, and by Pumpout USA's Pumpout Vessel Captains. The Project Manager or his or her designee shall participate in, and promote, clean water through this pumpout service at public gatherings (e.g., marina meetings, fishing clubs, Civic Organization Meetings, and the like). 5. Coordination with County staff and FWC Pumpout USA shall identify to the FWC any anchored vessels that are not participating in the program or requesting pumpouts. Section B: Deliverables a. 0 1. Monthly Pumpout Logs d Signed monthly pumpout logs shall be submitted, specific to each pumpout vessel and broken down by service area, indicating the number of pumpouts performed, the volume �E of sewage pumped out, and the number of individual vessels pumped out. E 2. Quarterly Reports - Pumpout USA shall submit signed and dated Quarterly Reports clearly indicating the: 0 0. • Number of pumpouts performed by service area including: (a.) actual number of pumpouts performed, (b.) number of in-state vessels and out-of-state vessels pumped out, (c.) volume of sewage pumped out (in gallons), (d.) the number of individual vessel pumped out, and (e.) the method of waste disposal. A summary shall also be provided clearly stating each quarter's total number of pumpouts 0 performed, each quarter's total number of in-state and out-of-state vessels pumped 0 out, each quarter's total volume of sewage pumped out (in gallons), and each quarter's total number of individual vessels pumped out. • A list of all marinas serviced with clear written or typed working status noted, of any pumpout facilities on site. �E • Gallons of fuel used in support of program. • The Contractor's detailed report of actual program expenditures for each quarter. Total actual expenditures reported shall be cumulative. The format of the expenditure report must follow the form of the Contractor Estimated Detailed Line E Item Program Budget. • Education and outreach activities performed/provided. • Samples of individual vessel pumpout logs. • A copy of program's actual total costs (expenditures)per detailed line item. 4of5 Packet Pg. 2103 T.4.b 3. Monthly Reports Pumpout USA shall provide to the County the following monthly reports: • Signed Monthly Pumpout Log Summary Reports containing the following information for each named Area of Service: (a.) Monthly total number of pump outs performed, (b.) the monthly total number of in-state vessels and out-of-state vessels pumped, (c.) the monthly total volume of sewage pumped in gallons, (d.) , the monthly total number of individual vessels pumped out, and (e.) methods of E waste disposal utilized during the month. 4. Invoicing cas Pumpout USA shall submit a signed invoice on Pumpout USA letterhead for each a. quarter's payment, as stipulated in the Contract. The invoice cost (as described in the 0 Contract) shall be based upon a per unit rate. Q 17 In addition to the above-described reporting and invoicing requirements, the Contractor shall retain all receipts, invoices and other applicable documents in adherence with Florida Department of Environmental Protection's (FDEP) Clean Vessel Act grant funding policy, as the DEP may request such documentation as part of the associated legislative grant funding for the 4- pumpout program for State FY'20. c 0 0 0 0 5of5 Packet Pg. 2104 T.4.c November 20,2012 AGREEMENT for KEYS-WIDE MOBILE VESSEL, PUMPOUT SERVICE between MONROE COUNT' AND NATIONAL MARINE WASTE FOUNDATION, INC. THIS AGREEMENT (Agreement) is entered into this 12ta day of , 2012, by and between the Board of County Commissioners of Monroe County, Florida, a political subdivision 0 of the State of Florida ("County" or "Board"), and Pumpout USA, Inc., a for profit corporation of the State of Florida("Contractor"). WHEREAS, the County has certain objectives as directed and established by the Board of County a. Commissioners, and which are consistent with, and supportive of, the federal No Discharge Zone established by the Environmental Protection Agency and discharge regulations established by the 17 Florida Keys National Marine Sanctuary; and WHEREAS, the County has created anchoring regulations, in coordination with the Florida Fish and Wildlife Conservation Commission (FWC) Pilot Program, which include requiring vessel owners in managed anchoring zones to provide proof of sewage pumpout; and WHEREAS, it has been determined that it is in the best interest of the residents of and visitors to the County that a contract for vessel pumpout services be entered into with a private provider of such services; and I- CL CL WHEREAS, Contractor desires to provide such services; and WHEREAS, the Contractor has applied for a Clean Vessel Act (CVA) Program grant through the Florida Department of Environmental Protection (DEP) and needs a portion of the funds from this Agreement as matching funds for the CVA grant; and 0. WHEREAS, DEP, Contractor and County are coordinating activities to be performed by Contractor to assist with funding and invoicing and are anticipating a CVA grant agreement start date of January 1, 2013 which will commence the billable quarters; 0 NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as 2 follows: I. SCOPE OF SERVICES: a Contractor shall be the exclusive provider of marine pumpout services for County in the unincorporated areas of the Florida Keys and shall also coordinate with County and FWC on sewage pumpout compliance within the managed anchoring zones established by the County. A detailed Scope of Services is attached as Exhibit A. II. EFFECTIVE DATE AND TERM This Agreement shall be effective on the date above. However, the teen of the Agreement shall be for two years from the effective date of the term of the CVA grant agreement between Contractor and DEP. It is anticipated that this date will be January 1, 2013. In the event the conditions of the CVA grant are not completed and the grant awarded, County has no obligation to pay the first quarterly 1 Packet Pg. 2105 T.4.c November 20,2012 payment until such completion, and will make the first payment if all conditions are completed by February 1, 2013 for the first quarter of the calendar year. County and Contractor may amend this date if necessary by separate amendment approved by the Board of County commissioners. In the event the grant agreement with DEP is not executed this Agreement is void. No work shall commence under this Agreement until execution of the CVA grant agreement. The Agreement is subject to continuous funding by DEP of the CVA grant. If the CVA grant is cancelled or becomes unfunded this Agreement is also cancelled, unless the parties amend it in the same manner as it was originally approved. The term of this agreement shall be renewable in accordance with Section V. III. AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS. Contractor shall not charge customers of the pumpout service for its services. IL The County, in consideration of the Contractor satisfactorily performing and carrying out the CD objectives of the County as to providing mobile pumpout service, shall pay to the Contractor up to the 17 sum of Three Hundred Forty Thousand Two Hundred and 85/100 DOLLARS ($340,200.85) in the first year and Three Hundred Twenty-Nine Thousand Two Hundred Twenty Three and 12/100 DOLLARS ($329,223.35) in the second year. County is not responsible for any payment or funding of this Agreement unless the CVA grant between DEP and Contractor is executed and funded. If funds cannot be obtained or cannot be continued at a level sufficient to allow for continued reimbursement of expenditures for services specified herein, this agreement may be terminated immediately at the option of the Board by written notice of termination delivered to the Contractor. CL The Board shall not be obligated to pay for any services or goods provided by the Contractor after the CL Contractor has received written notice of termination. Payment under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. ° IV. PAYMENT: U) 0 Payment will be made based on a unit price of$21.81 (Twenty-one and 81/100 Dollars) per pumpout 0. (based on an estimated 1300 pumpouts per month) on a quarterly basis using the same schedule and quarterly dates used by DEP as follows: 4- (a) To provide for start-up expenses, the first payment (of the first year) will be made at the beginning of the first quarter in advance in the amount of$98,267.11. At the end of the first 1� quarter, Contractor shall provide a report with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, and 3) description of additional services or activities provided (as described in the Scope of Services). In the event the reported number of pumpouts and the associated cost for the number of the pumpouts performed is less than what was provided for in the pre-paid quarterly amount, the overage advanced for that quarterly amount will roll over into the next quarter as a credit to the County's next payment. (b) The second and following quarterly payments of the first year, in the amount of$80,644.58, will be made after services are rendered for that quarter and invoiced. Contractor shall provide an invoice acceptable to the Clerk, along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts 2 Packet Pg. 2106 November 20,2012 performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, 3) description of additional services or activities provided (as described in the Scope of Services). If the available funds for the second quarter are more than County owes Contractor, excess funds shall rollover into the third quarter, and similarly from the third to the fourth quarter. In no event shall payment exceed the annual amount stated above. (c) Quarterly payments for the second year will be made after services are rendered for that quarter 0 and invoiced. The first quarterly payment of the second year will be in the amount of CD C $87,289.61. The second and following quarterly payments of the second year will be in the amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above (n shall apply. In no event shall payment exceed the annual amount stated above. a. (d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as CD 17 described under the Scope of Work attached. If the cost to the County for the number of pumpouts performed in a quarter exceeds the funds available for that quarter the contractor is still obligated to perform the excess pumpouts at no extra charge to the County. 0 (e) Travel and lodging are specifically excluded from payment or reimbursement. (f) In the event the amount owed by the County to Contractor is less than the amount available in any particular quarter the remaining funds shall be rolled over to the next quarter and will be > available for payment in the next quarter. Unspent funds cannot be rolled over from one contract year to the next. Unspent funds shall belong to the County at the end of the contract term. (g) Contractor's final invoice must be received within sixty (60) days after the termination or 2 expiration of this contract. U) Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk of the 0. Board examines and approves the request for payment, the County shall reimburse the Contractor. The total of said reimbursement in the aggregate sum shall not exceed the annual total amount shown in Paragraph III. Annually, the Contractor must furnish to the County the following (prior to the payment of any E invoices, items (a) through (h) must be provided): a. List of the Contractor's Board of Directors. For each board member please indicate when elected to serve and the length of term of service; if Contractor is a sole proprietorship give name of owner(s) and length of ownership; b. If corporation, evidence of annual election of officers and directors; c. Organization's Policies and Procedures Manual which inust include hiring policies for all staff, drug and alcohol free workplace provisions, and equal employment opportunity provisions; d. Cooperation with County monitoring visits that the County may request during the contract year; and e. Other reasonable reports and information related to compliance with applicable laws, contract provisions and the scope of services that the County may request during the contract year. 3 Packet Pg. 2107 November 20,2012 V. RENEWAL: The County shall have the option to renew this agreement after the original term, for two additional two-year periods. VI. CONTRACTOR'S LICENSE: The Contractor shall secure, maintain and pay for any permits and licenses necessary to operate E puinpout 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 M of the activities herein described, subject to the terms and conditions set forth in these contract a. 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 17 approvals required to conduct its business, and that it will at all times conduct its business activities in d a reputable manner. VII. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VIII. STAFFING: a Since this contract is a service agreement, staffing is of paramount importance. Contractor shall U) provide services using the following standards, as a minimum requirement: 0. A. The Contractor shall provide at its own expense all necessary personnel to provide the services under this contract. The personnel shall not be employees of or have any contractual relationship with the County. B. All personnel engaged in performing services under this contract shall be fully qualified, and, if required, to be authorized or permitted under State and local law to perform such services. IX. UTILITIES: a The Contractor shall be responsible for payment of any utility charges associated with the mobile pumpout service. All utility accounts will be held in the Contractor's name. X. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 4 Packet Pg. 2108 T.4.c November 20,2012 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 (ill) 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 (n 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 a 0 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 will 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. a XII. DONATIONS AND GRANTS: 0 The Contractor shall issue receipts, keep appropriate records, and account separately for all donations 0. and grants received by Contractor for the benefit of the pumpout service in Monroe County. Such donations or grants may be applied only to the operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any purpose, whether in or out of the County boundaries. Susan In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated fiends available to representatives of the Contractor and the County during regular business hours (Monday through Friday, 9.00 a.m. to 5:00 p.m., excluding holidays) in order to insure that all monies collected on behalf of the Contractor are in fact donated to the Contractor for the benefit of the Keys-Wide Mobile Vessel Pumpout Service in Monroe County. If a prospective donating entity is unwilling or unable to comply with the foregoing 0 requirement, then the Contractor may not accept any donations from that entity. XIII. FACILITIES AND EQUIPMENT. The Contractor hereby accepts the use of any County facilities (e.g. dockage), equipment or infrastructure that may be provided for use in conjunction with the Keys-Wide Mobile Vessel Pumpout Service in "as is" condition, and the Contractor shall allow the County to inspect said facilities and 5 Packet Pg. 2109 T.4.c November 20,2012 equipment at any reasonable time. In addition, all operating supplies and any additional equipment such shall be the responsibility of the Contractor. XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy himself that such facilities and/or equipment are suitable for this work and he assumes full responsibility therefor. The provisions of the Contract E shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and d 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. E XVI. NON-DISCRIMINATION: E County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits . discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which 0. 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 0 alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on the bases of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. XVII. INSPECTION OF BOOKS AND FACILITIES/AUDIT/ACCOUNTING: Contractor shall keep and maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and 6 Packet Pg. 2110 TAc November 20, 2012 timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by 0 an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. (n The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels at any reasonable time. d XVIII. PUBLIC RECORDS: The Contractor shall comply with the Public Records laws of the State of Florida, subject to any provisions providing exemption from disclosure. XIX. BREACH OF TERMS BY CONTRACTOR. - The passing, approval, and/or acceptance by the County of any defect in the services furnished by the Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and specifications covering the services. Any Contractor breach of this agreement shall be governed by the article below on tennination for cause. ° The Contractor agrees that the County Administrator may designate representatives to visit any facilities or offices utilized by the Contractor periodically to inspect Contractor's maintenance of CL vessels and equipment. The Contractor agrees that the County Administrator may designate representatives to visit the facilities or offices periodically to conduct random open file evaluations during the Contractor's normal business hours. XX. TERMINATION WITHOUT CAUSE: E The County may tenninate this agreement without cause by providing the Contractor with written l� notice of termination at least thirty (30) days prior to the date of termination. Compensation shall be paid to Contractor through the end of provision of services or for the thirty (30) days, whichever is shorter. XXI. TERMINATION WITH CAUSE: The County may 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 contract. 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. 7 Packet Pg. 2111 T.4.c November 20,2012 c. Breach of any other term, condition or requirement of this agreement. XXII. ASSIGNMENT: The Contractor shaII 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 assigninent or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. XXIII. COMPLIANCE WITH LAW. a. 0 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 0 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 0 contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. XXIV. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS: A. The Contractor represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the perfonnance of services required by this contract, as provided in Sect 112.311, et. seq., Florida Statutes. 0 91 B. Upon execution of this contract, and thereafter as changes may require, the Contractor shall notify the County of any financial interest it may have in any and aII contracts with Monroe County. C. COUNTY agrees that officers and employees of the COUNTY recognize and will be required E 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. XXV. FINANCIAL RESPONSIBILITY: E The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, Iien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 8 Packet Pg. 2112 T.4.c November 20,2012 XXVI. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and Growth Management Director and County Attorney 1100 Simonton Street 2798 Overseas Hwy. 1111 12"' St., Suite 408 (n Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041 a. FOR CONTRACTOR: Donnie Brown, Pumpout USA d 1150 Highway 83 North DeFuniak Springs, Florida 32433 XXVII. TAXES: 4- 0 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 contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all < taxes, or payments of withholding, related to services rendered under this agreement. 0 a XXVIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES U) This Agreement shall be governed by and construed in accordance with the laws of the State of Florida 0. 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 0 appropriate court or before the appropriate administrative body in Monroe County, Florida. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. Both parties specifically waive their right to a trial by jury. This Agreement is not subject to arbitration. XXIX. PUBLIC ENTITY CRIME STATEMENT: E A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a response on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S. for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00). 9 Packet Pg. 2113 T.4.c November 20,2012 XXX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name. (b) He or she is empowered to act and contract for Contractor. XXXI. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any (n 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, a. 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 17 enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. XXXII. ATTORNEY'S FEES AND COSTS - The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. U) 0 0. XXXIII. BINDING EFFECT The terns, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. XXXIV. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by 0 law. XXXV. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 10 Packet Pg. 2114 T.4.c November 20,2012 XXXVI. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or finn, 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 CD C COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset frorn monies owed, or otherwise recover, the full amount of such fee, commission, percentage, :s gift, or consideration. 0 XXXVII. NON-WAIVER OF IMMUNITY d 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 0 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. 4- 0 XXXVIII. NON-RELIANCE BY NON-PARTIES > 0 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 0 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 0. to the community in general or for the purposes contemplated in this Agreement. XXXIX. NO PERSONAL LIABILITY 0 No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any 0 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. a XL. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an E 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. 11 Packet Pg. 2115 T.4.c November 20,2012 XLI. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. XLII. INSURANCE POLICIES a Contractor shall fiiish proof of insurance prior to execution of this Agreement by the County. l 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. IL Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. d 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 a may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. 0 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. 0 a) General Insurance Requirements for Other CONTRACTORS and Subcontractors: e As a pre-requisite of the work governed, the CONTRACTOR shall obtain, at his/her own expense, 0 insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached 0. schedules. CONTRACTOR shall ensure that any and all sub-contractors maintain the same types and amounts of insurance required of CONTRACTOR. The COUNTY shall be nained as an additional insured on all subcontractors' liability policies. Upon request of COUNTY, CONTRACTOR shall provide such evidence of insurance required of the subcontractor. The CONTRACTOR will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. a The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. 12 Packet Pg. 2116 T.4.c November 20,2012 The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: ® Certificate of Insurance or • A Certified copy of the actual insurance policy. E 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 IL County by the insurer. CD 17 The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving d 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. b) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR 0 Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the following insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: 2 ° Insurance Requirement Re aired Limits 0 0. Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits CL $100,000 Bodily Injury by Disease, each employee Recognizing that the work governed by this contract involves Maritime Operations (not to be associated wit Longshoremen's Insurance) , the Contractor's Workers' Compensation Insurance Policy shall include coveral 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 Indemnil ° Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Worker ° Compensation policy. General Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: 13 Packet Pg. 2117 T.4.c November 20,2012 $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 contract involves the storage, treatment, processing, or transporting of potentially polluting material, the Contractor shall purchase and maintain, throughout the life of the contract, Pollution Liability Insurance which will respond to bodily injury, property damage, and environmental damage caused by a discharge of wastes which are governed by this contract. The policy must specifically identify this contract and specify that coverage will extend to all (n losses, claiming pollution or environmental impainnent, arising out of the services governed by this contract. a. 0 The minimum limits of liability shall be: $1 Million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required. 4- 0 Monroe County and its Board of County Commissioners shall be named as an Additional Insured. 0 Watercraft Liability $1 Million Combined Single Limit (CSL) Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with tenns no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a minimum: 0 • Injury(including death) to any Person • Damage to Fixed or Movable Objects • Costs Associated with the Removal of Wrecked Vessels • Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be 0 endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $1 Million Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. Monroe County and its Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 14 Packet Pg. 2118 T.4.c November 20, 2012 XLIII. ENTIRE AGREEMENT This agreement constitutes the entire agreement between the County and the Contractor for the services contemplated herein. Any amendments or revisions to this agreement must be in writing and be executed in the same manner as this agreement. 0 IN`VVIT'NESS WHEREOF the parties hereto have executed this Agreement on the day and date first 1 written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) a. 0 Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MO OE COUNT ' LOIDA By: 94� By: Deputy Clerk ayor L'eorge eugent MON OE COUNTY ATTORNEY fl P �1DASTOF RM 0 PUMP T`USA, INC. CL P" 'POA L) y y. _ -MESS it as U) Print name: P Print name and title: /d,C � �' < By: L U'V. WITNESS Print name: r STATE OF ( l'& COUNTY OFF� 1'`kI/ On this da of QV y _21 , before me the person whose name is subscribed above, and who produced {^ 41a identification, acknowledged that he/she is the person who 0 executed the above Contract for the purposes therein contained. A71� otary Pu lic • .r tin�tr i a?`• ��`'� S7E HME ALFOAp Print Name A =k :'; MY COMMISSION#EE 24991 My commission expires: Seale • 9 ,.,°, iwN+ EXPIAFS:September 9,2014 15 Packet Pg. 2119 T.4.c November 13,2012 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Co pang) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former IL County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in o its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration pai to the former County officer or 0 employee." /. 4- 0 (Signs e 0 Date: STATE OF: COUNTY OF: r) Subscribed and sworn to (or affirmed) before reon ' - r16 �6 { (date) by 0. (name of affiant). He/She is personally known to lL me or has produced ,t r � �..�_ t_r.jzt r.p-#i �_. (type of identification) 4- as identification, NOTARY PUBL My Commission Expires: �A one a i' � J PEGGY A.THREADGiLL uolgry Public • Stale of Florida My Cpnun I xp cr ,,Apr 'J 7DlA Y ,; P' Cnis;uu5�r u 151 .1ti0( 16 Packet Pg. 2120 T.4.c November 13,2012 NON-COLLUSION AFFIDAVIT (, gf&LdA of the city of according to law on my oath, and under penalty of perjury, depose and say that 01 a. I _._ / ;/ .�/'? . of the firm of the bidder making the Proposal for the project 6scribed in the Request for Proposals for ® and that I executed the said cas proposal with full authority f6 do so; a. b. the prices in this bid have been arrived at independently without collusion, consultation, o communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 17 C. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and d. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; e. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. a ( i na ure) U' 0. Date: o STATE OF: ��/Qf'" COUNTY OF: �, E Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). He/She is personally known to me or has produced xLc �� 1 c. a _ c` � ��-�� (type of identification) as identification. ,��}YY PUOrJ; PLrr GGY A.IHRf]G fiEAU(allL _'r;• �,"„ NOWY POlic Slate of Flo"" NOTARY PUBLIC } ; 349y GpEllEll Fxpifes Apt? # ()[)ar-Vlok, o t{ My Commission Expires: L I7 Packet Pg. 2121 T.4.c Nownbor 13,2012 DRUG-FREE WORKPLACE FORM Th ul ndersigned vendor in ccordance with Florida Statute 287.087 hereby certifies that: 1. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, E dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee M assistance programs, and the penalties that may be imposed: upon employees for drug abuse violations, IL 3. Give each employee engaged in providing the commodities or contractual services that are CD under bid a copy of the statement specified in subsection (1). 17 4. In the statement specified in subsection (1), notify the employees that, as a condition of e working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty 0 or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no � later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. & Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. / As the person authorized to sign the statement, l rti thrrrp complies fully with the above requirements. V) (SI naare) / CL e Date: Sr i Z CL STATE OF: COUNTY OF: 11V�I Td Subscribed and sworn to (or affirmed) before me on �- r fi (date) by Y)Q5 Yl ,(, x 0 tt#v r Y (name of affiant). HelShe is personally known to a me or has produced r _i h" X dV��.� ,�L � ��L to , �c. e- 0 -� _ _(type of identification) as f is tin ; PEGGYA 7HREADGILL j 1 fin' i X< W- (... e Nolafy 1`011e� stale,if Florida -- —* --fr--- ----:� '•'` ' " NOTARY PUBLIC My Comm Frpires Ar11 7,?01 t My Commission Expires: ( :`u. 1 t; Packet Pg. 2122 T.4.c November 13, 2012 PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any E public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted vendor list within h�I st 36 months. o 0 (Si nat r' Date-., c r 7T 4- 0 STATE OF _� �,�ID ,. 0 COUNTY OF: ( ) (date) by as Subscribed and sworn to or affirmed before me on ��- .�.C� � ©�[ �..� � (name of affiant). He/She is personally known to me or has produced 0'J 3�� � 'f�c .c e , — f�� �, z 91 o (type of identification) as identification. NOTARY PUBLIC'-" E My Commission Expires: ,„1i4111, •�4fpr 'v®�y PEGGY A iF[iif ADGILI a ' z t otaiv Public- state 01 Kloalda My Comm FXP1105 At" 4i 11) Packet Pg. 2123 T.4.c Noveniher 13,2012 i Respondent's Insurance and Indemnification Statement Insurance Reguirement Regnired Limits Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease,each employee Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (4( U.S.C.A. subsection 688) with limits not less than $l Million. M The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnit3 o Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers Compensation policy. 17 General Liability $300,000 Combined Single Limit � If split limits arc provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence $200,000 property damage Vehicle Liability $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $200,000 per person $300,000 per occurrence 0 $200,000 property damage U) Pollution Liability $1 Million per Occurrence 0. Recognizing that the work governed by this contract involves the storage, treatment, processing, or CL 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 4) contract. The; policy must specifically identify this contract and specify that coverage will extend to all 0 losses, claiming pollution or envirotunental impairmctit, arising out of the services governed by this contract. 'rhe minimum Iitnits of liability shall be; a $1 Million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year c will be required, The Monroc County Board of County Commissioners shall be named as an Additional insured, 20 Packet Pg. 2124 T.4.c November t3,2012 Watercraft Inability $1 Million Combined Single Limit (CSL) Prior to the cotnmencement of work governed by this contract, the Contractor shalt 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 the contract and include, as a minimum: • Injury (including death) to any Person � • Damage to Fixed or Movable Objects • Casts Associated with the Removal of Wrecked Vessels • Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be (n endorsed to provide coverage for the legal liability of the shipowner. IL The mininturu limits acceptable shall be: o $1 Million Combined Single Limit (CSI) d Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. � INDEMNIFICATION AND H LD HARMLESS FOR CONSQLTANTS AND SUBCONSULTANTS Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Respondent > covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and o appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any CL CL 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 c connection with, (A) any activity of Respondent or any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Respondent or any of its U) employees, agents, respondents in any tier or other invitees, or(C) Respondent's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes o CL 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 CL RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event the completion of the project(including the work of others) is delayed or suspended as a result of 0 the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the County from any and all increased expenses resulting from such delay. in the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all a increased expenses resulting from such delay, The first ten dollars ($10,00)of remuneration paid to the Respondent is for the indemnification provided for above, The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained 0 elsewhere within this agreement. RESPONDENT'S STATEMENT 21 Packet Pg. 2125 T.4.c November 13,2012 1 understand the insurance that wilt be mandatory if awarded the contract and will comply in full with all the requirements. Respondent Sig,atura Date C 0 IL CM d C 0 C 0 4- 0 0 CL CL U) 0 CL CL - 0 C 0 CM - 4i C 0 Packet Pg. 2126 T.4.c EXHIBIT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of unincorporated Monroe County within the Florida Keys. The pumpout service is provided to reduce or eliminate environmental impacts associated with the illegal discharge of sewage from (n vessels, and further enable compliance with regulations of the federal No Discharge Zone and vessel restricted areas (i.e. Managed Anchoring Zones) in Monroe County, IL 0 The foIIowing 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 4- 0 The Pumpout USA will provide mobile vessel pumpout service consisting of a minimum of six marine pumpout vessels to service (i.e. pumpout) vessels located in the unincorporated areas of Monroe County. Each of these six marine pumpout vessels will work 8 hours per day, 5 business days per week in the areas designated on the attached Mobile Pumpout Service Coverage Map (Attachment 1). Each pumpout vessel placed into service wiII be capable of servicing up to twelve vessels per day and each will be tra'lerable to locate to other service areas, as needed. 0 0. The pumpout service, provided at no charge to all recreational vessels in the unincorporated waters of Monroe County within the Florida Keys (up to once per week), will be provided to anchored-out vessels. Pumpout USA may also provide service to vessels at marinas (with priority given to marinas without pumpout facilities), but only after all anchored-out vessels are serviced. The first priority of each pumpout vessel (if E services are phased-in) will be servicing anchored vessels Iocated in established Managed Anchoring Zones, as identified in the attached County anchoring ordinance (Attachment 2). Pumpout USA will provide service to vessels anchored in Managed Anchoring Zones, whether registered for pumpout service or otherwise, in accordance with the frequency described in the County anchoring ordinance. Pumpout USA will also provide a as-needed pumpout service to vessels located outside of Managed Anchoring Zones, whether registered for pumpout service or otherwise. If the County anchoring ordinance establishing the Managed Anchoring Zones expires, Pumpout USA will provide service throughout unincorporated Monroe County on an as-needed basis. Vessel owners will be encouraged by County and Pumpout USA to register for routine pumpout service (see Registration of Customers below), which will assist in streamlining the service through the utilization of`identification decals' indicating participation in the Packet Pg. 2127 T.4.c 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. 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 :s perform such services. Pumpout USA personnel shall not be employees of or have any IL contractual relationship with the County. CD The Contractor will provide vessel operators and a Project Manager .that has extensive 17 experience and training in the pumpout industry. The Project Manager will maintain an office at Mote Marine Laboratories in Summerland Key and his/her primary duties will include: ® Coordinating pump-out schedules ® Registering customers for service o Obtaining registrants' contact information and location for pump-out service > ® Contact point for FWC concerning "Proof of Pumpout" of vessels located in 0 Managed Anchoring Zones, and to assist in identifying derelict vessels and vessels exhibiting pre-derelict conditions (as described in the County anchoring ordinance). ° The Pumpout Vessel Operators are employees of the contractor and duties are: ® Operate pumpout vessel on a weekly schedule within their designated service 0. areas. ® Maintain a supply of identification decals and orange pumpout flags. Maintain a written daily log identifying date, miles traveled, pumpouts performed, gallons pumped from each vessel, and fuel purchased with receipt for reporting and reimbursement purposes. 3. Registration of Customers Registration forms for participation in the program will be made available online through the Pumpout USA website. Additionally, registration forms will be made available at various sporting-goods retailers, the Monroe County Marine Resources Office, various marinas, and directly from pumpout vessel operators in the service areas. Registration to participate in the program is free for recreational vessels. The participant submits his/her registration information, which will be entered into the service schedule. Upon the first visit by the pumpout vessel the pumpout vessel operator will affix the identification decal to the bow of the vessel (adjacent to the state vessel registration decal location), and attach the orange service banner to the bow rail. Packet Pg. 2128 T.4.c 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 operator 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, IL 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 CD 17 and the impacts of sewage discharge into the environment. These materials will be made d available online through the Pumpout USA website and distributed to participating marinas, local sporting goods merchants, Monroe County Offices, and FWC where they 0 can be accessed by vessel owners and be distributed by FWC and pumpout vessel operators. The Project Manager (or his/her designee) will also participate in, and promote clean water through this pumpout service at public gatherings, marina meetings, Fishing Clubs, > 0 Civic Organization Meetings, Secondary Education Science Classes, etc. 5. Coordination with Coun staff and FWC it Pumpout USA will identify to the FWC any derelict vessels or pre-derelict condition 0 vessels, as well as anchored vessels that are not participating in the program or requesting pumpouts. Each pumpout vessel operator will give special attention to vessels in 0. Managed Anchoring Zones and will communicate daily to the Project Manager for FWC reporting. 0 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 Packet Pg. 2129 T.4.c Total number of individual vessels pumped out a The routes and locations of the pumpout vessels e Gallons of fuel used in support of program Education and outreach activities 3. fnvoicinp- 0 Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each CD quarter's payment, as stipulated in the contract. The invoice cost (as described in the contract) will be based on a per unit rate. IL d C 0 C 0 4- 0 0 CL U) 0 CL CL - 0 C 0 a 4i C 0 0 Packet Pg. 2130 T.4.c .Ap c x d C � U 41- 2 J r IL d.- " t V ( 4 C 1�49 g ® n i® � "•mb u r � d� .ffi e Packet Pg. 2131 fry c n l TAc oil: tom` 3 0 b JI CL INS to J qq�g� r r T, .V a) �„ M r o >► O �ay1 W LL w N i K a gin; Sign, oil —WO A&MOV OWN 4� 1 � •` �"� ° - Y Packet Pg. 2132 6 1111 -� T.4.c m P. Y V O Q � U J ! en ID w CL i L a. G m 0 V CDf 0 •� ■ AT co `w a a o LO r --mot - x d Packet Pg. 2133 T.4.c L- co G O Q cm � C Am CD M S � � L t � W G8 a� CLQ 5 cv to cm cm O � O V O s c L, P = _ J Packet Pg. 2134 T.4.c CERTIFICATE OF LIABILITY INSURANCEF19/2013 DATEIMMIDDIYIYY} THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsements. PRODUCER CONTACT NAM __......C.ertlfcate-Tea Acentria, Inc-Ft. Myers Office PHON E�E 4091 Colonial Blvd )Arc.No.Ex�23�-939-1 Q10 _ talc No1;29 939-71.-Z.2_ Fort Myers FL 33966 E-MAIL { tirnsh INSURER(S�FFORRINGCOVERAGE NAICR _ _�— �. INSURERA: a�j�rs Property �6161 � INSURED PUMPUSA-01 INSURERG: = Q PUMPOUTU.S.A., INC INSURERC: 1150 HWY 83 N INSURER D: De Funiak Springs FL 32433 ---- - _ -- --- --- __. --- INSURER E: IL INSURER F: COVERAGES CERTIFICATE NUMBER:324517120 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD O INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 0 A€SY9L�SU8R� 41CY EFF r POLICY EXP-.' __ ----._. .--- - TYPE of INSURANCE 'INSR 1 WVD POLICY NUMBER MMIDDlYYYY) (MMIDDrYYYYI LIMITS A GENERAL LtAetLITY Y !Y ZOL14T7377812I18I2012 !211812013 �`PEACH OCCURRENCE REtv1 SES�a o�unence S1,000 000 q3 r COMMERCIALGENERALL€ABIL€TY {-- $ 4 --- } 100,000 -- 1 j CLAWS-MADE IX OCCUR MED EXP(Any one person) $1 D,0D0 t IX , Marine L€ab `PERSONAL&ADV INJURY i S1,OOD 000 ..-- --- -- GENERAL AGGREGATE_ `$2 000.000 -...... > _ .._ GENT AGGREGATE LIMIT APPLIES PER'. € (_PRODUCTS-COMPADPAGG I$2,000000 ..._ — ✓ __._-.._.. 'X ! POLICY 1 i LOC 5 _ i AUTOMOBILE LIABILITY ANY AUTO i I i BODILY INJURY{Per person) ALL OWNED 1 --1 SCHEDULED I _J AUTOS 1 _€AUTOS ( 'i BODILY cident} 5 I LY INJURY(Per ac€ NON-OWNED PROPERTY DAMAGE -I 8 "- - ....._ HIRED AUTOS ;AUTOS i i I ('js i (Per accident S UMBRELLA EXCESSLIABAB 1 I I EACH OCCURRENCE _ _ $ 0 f OCCUR € I _. _._._.._ iCL AGGREGATE DED RETENT€ONS - 5 E CLAIMS-MADE _....... _.. 5 � WDRKERS COMPENSATION f WC STATU OTH I AND EMPLOYERS LIABILITY YIN ;I ' __- TQR.Y_LIMITS 1 -_i-ERz I ...... ._.. ..._ ANYPROPR€ETORIPARTNERIEXECUT€VE I I E.L.EACH ACCIDENT ( ry I ----- �+ OFFICERIMEMBEREXCLUDED? N!A It yesadescnbe under i E L.DISEASE-EA EMPLOYE$ DESCRIPTION OF OPERAT€ONS below ! ' t E.L.DISEASE-POL€CY LIMIT . $ q )Vessel L'€€ability iY Y SMOODO0582 12/18I2012 l211812013 Vessel Liab 1,000,000 Pollution Ctabjlity { i Medical 5,000 I DESCR€PTION OF OPERAT€DNS I LOCATIONS I VEHICLES lAttaeh ACORD 101,AddWonal Remarks Schedule,it mom space is required) Cert holder is afforded additional insured coverage with regards to Marine and Vessel liability a CERTIFICATE HOLDER CANCELLATION i SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St, Roam 2268 Key West FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 2135 T.4.c -'� PUMPOUT-01 _ MARTIN p g �+ p �+ UATE(I111 Wl) CERTIFICATE OF LIABILITY INSURANCE I 1/9/2013 THIS CERTIFICATE (S ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the poitcy(les)must be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Acentria,Inc-Destin Office PHONE� n 4fi34 Guifstarr Drive : $5Q 650-1950 A 850 650 9288 Destin,FL 32541 ADDRESS: INSURERIS}AFFORDING COVERAGE NAIC# CD INSURER A:Technology Insurance Company,Inc. 42376 INSURED INSURER B: Pump Out USA INSURER C: 1150 Hwy 83 North INSURER 0: IL Do Funiak Springs, FL 32433 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, QS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W SRAMTSUM LTft TYPE OFINSURANCE N WVO POLICY NUMBER MMIpDYlYYYY MMIOD/YYYY LIMITS GENERAL LIABILITY EACH OCCU R RE NCE $ COMMERCIAL GENERAL LIABILITY PREMISES Eaaccurrence S 4- CLAIMS-MADE 0OCCUR MED EXP{Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE $ O GEN'L AGGREGATE LIMIT APPLIES PER F PRODUCTS-COMPIOP AGG S 91 POLICY PRO- T LOC AUTOMOBILE LIABILITY ,! r COMBINED SINGLELIMI Ea acrJdent S ag ANY AUTO BODILY INJURY(Per person) $ O ALL OWNED SCHEDULED AUTOS AUTOS / BODILY INJURY(Peramdenl} $ , HIREDAUTOS AQ Q-oSWNED Y PERT AMA E $ U) �1 PER ACCIDENT i UMBRELLA LIAR O HOCCUR EACH OCCURRENCE S 91 EXCESS LIAR CLAIMS-MADE AGGREGATE g DEi� RETENTION$ S WDRKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY YIN x TORY LIMITS x ER A ANY PoCERIMEMBERIPARTNERiE ECUTIVE� NIA x TWC3336203 110112/2012 10/12/2013 E.L.EACHACCIDENT y 1,000,000 (Mandatory In NH) E L, Ii yes,describe under DISEASE-EA EMPLOYEES 1 r00U,000 — E DESCRIPTION Or OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 2 I _ DESCRIPTION OF OPERATIONS I LOCATIONS!VEHICLES(Attach ACORD tOt,Additional Remarks Schedule,€f more space Is required) a I f CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. E Board Of Monroe County Commissioners AUTHORIZED REPRESENTATIVE _ 1 t100 Simonton St Room 2268 Key West.FL 33040 r ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Packet Pg. 2136 .................... ............... ----------- AC40PR mmw�wy ki CERTIFICATE OF LIABILITY INSURANCE —[M—TE W . 101117/2019 m THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORM REP-RESENTATIVE-OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the toholder Is an A DWM_R-AL—INSURED,the poffey(les)must be endorsed. If SUBROGATION----- 13 WAIVED,sub)ect to the terms and conditions of the policy,C&Il2i"policies may require an endorsement A statement on this certificate dam not confer rights to the --twitiftIlift holder In then of such endorsementla). RMIKICER Chi lqe Branch &Branch Ins E9 12443 San jose Blvd ,18cksoi F1 32223 IKS Q 2L)% E —AM-6 Mercury Ins 03526 PUMPOUt USA MSUREFt 0: E 1150 State Highway 83 11=11i C; Defuniak Springs,F1 32433 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: --fHlSli'�"EER-nFY—THAT-r�EP0661 '��iINSURANCEUSTED_8ELQ_WH'HAVE BEEN ISSUED TO THE IN NAMED ABOVEFOR THE POLICY PERIOD M INDICATED. NOTVMSTANOING ANY REQUIRDIENT.TERM OR CONDITION OF ANY COMRACT OR OTHER DOCUMENT Vill RESPECT To voilcH THIS 0 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS, (L EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. W 0 ;NSURl 1.11......... COMMUCIll GEMMIAL LIAll MS-1l OCCUR .......... 0 ...................... ,=7 ego %; w", .......................... .1 ............................ Ill EXP S, ...................... q.ENt AGWi LIMIT APPLIES PER: ............... ............................................... E GENERAL AGGREGATE S POLICY E AUTOMBILELIABILITy -L I I WAZLI1 All 3 1,000 000 4— ALL OVNED 0 3100000 AUMS 02/28/ig ()2n8120 soll INJURY Per awl�X BA09000011766 HIRED All AUMS > 0 ...... CL 9.0OCCUR 00 MH EX UAB OCCURi................ S TAGGREGATE 5 - AND EUPLOYEW UAl a ANY PROPMETORIPARTHEREXECUrM YIN OFPCMIMEll EXCLUDE137 ❑MIA (m"dill in il N H diiiiiiiii urodiff y asEASE EA Ell 6 U) AL , N T Q_T Wft_1"11, DISEASE-POLICY LILIff 0 U) ........... DFISCRPTT10INGFOPRIll LOCATIONS I VEHICLES 1AC011011M.AdMmkIPAl .2 E CER11FICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE L Monroe County Board of County Commissioners 714E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1140 Simonton St Rm 2268 ACCORDANCE Ms, Key West, F133040 All CORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 2137 T.4.d ACODATEIMWDDIYYTII LIABILITY El/17/2019I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this cartlficate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Gallagher Charter Lakes PHONE HHOOE W1; 616-975-3500 Fac,Nei: Fax616-975-067[ 3940 Peninsular Drive SE Suite 100 £-MAIL 4" AaoREss: Grand Rapids,MI 49546-6107 INSURERS AFFORDING COVERAGE NAIC0 INSURERA:XL Special Insurance Company_. INSURED INSURER e Pump Out USA INSURERC., 1150 Highway 83 North INSURERD: CD INSURER£ Defuniak Springs FL 32433 INSURERF: COVERAGES CERTIFICATE NUMBER REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN„ THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS„ O EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. UMBER ..m� Mw _ MMIaD LIMITS .... POLICY N... _ INSR POLICY EFF POLICY E11P LTA TYP60FINSURANCE A COMMERCIAL GENERAL LIABILITY UM00046315MA18A 121181201812/18/2019 EACH OCCURRENCE s 1,000,000 �. . .. ..,. r m S... .._0 . CLAIMS � x OCCUR I .wAEanISES, 00 00 1�10,00 a� 0 ...• Mse+�ExP lar��k'er�t� .)mm �mm... . ._ ,_ _.. 1,000,000 -a GEN'L AGGREGATE LIMITAPPLIE� pR99yqTpNE PAdsrs2000,000 w I ,s PER: fa PRO A POLICY OLLUTION LIA C XLM00000217 12/18/20181211812019 sx oTHEn P JECr � 2,000,000 OLLUT ,000,000 AUTOMOBILELIABILITY M IN INI�L LIMIT $ 3 OWNEDANY AUT O SCHEDULED BODILY INJURY&Per erca�dsnly..5 U .................................................................. L_ HIRED AUTOS ONLY Peae sv n! u AUTOS WPR47PERTYDAMAGE $ AUTOS ONLY AUTOS ONLY S. UMBRELLA uA6 OCJ„ ''],OCCUR NBt EXCESS LlA CLAIMS 13Y7 O .. RETENTB ON S S 188 WORKERS COMPENSATION B -' PER OTH AND EMPLOYERS'LIABILITY ER. YIN TF_- S .. 5YA39JTE N f A E.L EACH AL I ICIENT O OFF M datoryln H)EX RUIJEO7EOIlJrI�E E,L,O�I�EASE..EAEMPLOYEES U) yy 4) DE dev.,ribe under SCRIPTION OF OPERATIONS Wow E,L.DISEASE-POLICY LIMIT+ ll � ........ .. DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space is required) LIABILITY COVERAGE IS EXTENDED TO INCLUDE CREW LIABILITY(JONES ACT)AT A LIMIT OF$1,000,000 SUBJECT TO A$5,000 DEDUCTIBLE CERTIFICATE HOLDER CANCELLATION Additional Insureds: Monroe County Board of Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St., Rm 2268, Key West„FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. State of Florida,Dept of EPA 3900 Commonwealth Blvd.Tallahassee„FL 32399 AUTHORIZED REPRESENTATIVE 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 2138 T.4.d CERTIFICATE OF COMMERCIAL MARINE LIABILITY INSURANCE .................................................................................................................................................... ..... PRODUCER: ........................................................................................................................................................... Gallagher Charter Lakes THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 3940 Peninsular Drive SE,Ste 100 COVERAGE AFFORDED BY THE POLICIES BELOW. Grand Rapids,MI 49546-6107 INSURED: COMPANY A AFFORDING COVERAGE: Pump Out USA XL Specialty Insurance Company 1150 Highway 83 North Defuniak _............................................S.....p.r.i..... w...........................................3.2.4.....3......3......-...3.....813 COMPANY B AFFORDING COVERAGE: COVERAGES: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,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. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS,AND CONDITIONS OF SUCH POLICIES.. mm.w... Policy .... Policy a. Type of Insurance Policy Number Effective Expiration Limits COMMERCIAL VESSEL LIABILITY XLM0000217 12/1V2018 1211812019 1,000,000 0 LIABILITY DEDUCTIBLE XLM0000217 12/1812018 12118,2019 �'S�...0 00 PTION mm 00021 12/1812018 ,..mm0..0MEDICAL PAYENTS mm µ ..DESCRIITIT 2006 23' Pump Out USA Per Schedule See Schedule mm.....mm.............................................................................................................................. ......................................................................................................................................... CANCELLATION: o 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 o TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES,. ADDITIONAL INSURED: Form CL-T Rev 1/20116 Monroe County Board of County Commissioners 1 100 Simonton Street,Room 2268 Key West,FL 33040 U) 4- 0 U) Authorized Agent: Date: October 25, 2018 trs A1S' ,MEW sy DAi WAPJW W Y!S Packet Pg. 2139