10th Amendment 06/19/2019 ��G c°fir Kevin Madok, C A
a
' Im
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Clerk rat the Circuit Court& Comptroller Monroe County, Florida
DATE: June 26, 2019
TO: Rich Jones, Sr. Administrator
Marine Resources
Planning& Environmental Resources
FROM: Pamela Hancock, D.C.
SUBJECT: June 19'BOCC Meetings
Attached is an electronic copy of the following item for your handling:
T4 10th Amendment to the Agreement between Monroe County and Pumpout USA, Inc.
for Kevs-Wide Mobile Vessel Pumpout Service in the amount of$1,021,719.88 ($750,000.00
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.
Should you have any questions,please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUJILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Paint Road
Key West,(Florida 33040 Marathon,Florida.33050 Plantation Key,Florida 330,70 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-85 -7145
AMENDMENT NO. 10 TO AGREEMENT
BETWEEN PUMPOUT USA,INC.
AND MONROE COUNTY, FLORIDA
for
KEYS-WIDE MOBILE VESSEL PUMPOUT SERVICE
THIS AMENDMENT NO. 10 TO AGREEMENT is made and entered into this 19th day
of June, 2019, between Monroe County Board of County Commissioners (hereinafter the"County"
or the "Board") and Pumpout USA, Inc., a for profit corporation of the State of Florida(hereinafter
"Contractor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide
Keys-wide mobile vessel pumpout service (the "Service") for two years, including a quota of 1,300
pumpouts per month, at a cost of$21.81 per pumpout in the first year; and
WHEREAS, the County 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
the existing No Discharge Zone regulation(s) applicable to state waters within the Florida Keys
National Marine Sanctuary pursuant to Code of Federal Regulations Part 140; and
WHEREAS, Amendment No. 1 to the Agreement was approved on March 20, 2013,
deleting Section XII ("Donations and Grants"), and including Attaclunent H ("Contract
Provisions") and Attachment I ("Regulations") as requested by the Florida Department of
Environmental Protection (FDEP), which had a separate agreement with the Contractor for the
pumpout service to Monroe County; and
WHEREAS, Amendment No. 2 to the Agreement was approved on July 17,2013, to
eliminate the quota and per pumpout cost due to a slow startup of service, and to allow for full
quarterly payments to be made to the Contractor; and
WHEREAS, Amendment No. 3 to the Agreement was approved on December 10, 2014, to
extend the Agreement through January 31, 2015; and
WHEREAS, Amendment No. 4 to the Agreement was approved on January 21, 2015, to
extend the Agreement through March 31, 2015; and
WHEREAS, Amendment No. 5 to the Agreement was approved on March 18, 2015,
extending the pumpout service for an additional two-year(2-year) period, establishing a rate of
$21.10 per pumpout, establishing a not-to-exceed annual cost of$379,800 based on an increased
quota of 1,500 pumpouts per month, and requiring an annual audit of the Statement of Revenues
and Expenses associated with the Agreement with Monroe County; and
WHEREAS,the FDEP in August 2015 directed its Clean Vessel Act ("CVA") Program to
provide future grants directly to the County rather than to the Contractor, therefore providing
uniformity in working with counties throughout the state to build sustainable pumpout programs.
using Monroe County's pumpout program as a model; and
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WHEREAS, Amendment No. 6 to the Agreement was approved on November 17, 2015,
providing for up to $729,800 for the Service, extending the Service through October 31, 2016, and
reflecting the specific funding sources and levels provided directly to the County from the State,
including a $100,000 legislative appropriation and $187,500 in CVA grant funding; and
WHEREAS, Amendment No. 7 to the Agreement was approved on August 17, 2016,
providing for Service through June 30, 2017, and reflecting the specific funding sources and levels
provided directly to the County from. the State, including a $500,000 legislative appropriation and
$172,350 in CVA grant funding; and
WHEREAS, Amendment No. 8 to the Agreement was approved on September 20, 2017,
providing for Service through June 30, 2018, increasing the quota to 1,800lmonth, and increasing
the annual cost to $875,760, and reflecting the specific funding sources and levels provided directly
to the County from the State, including a $500,000 legislative appropriation and $180,000 in CVA
grant funding; and
WHEREAS, Amendment No. 9 to the Agreement was approved on July 18, 2018,
providing for Service through June 30, 2019, and reflecting the specific finding sources and levels
provided directly to the County from the State, including a $277,650 legislative appropriation and
$180,000 in CVA funding; and
WHEREAS, in 2019 the State provided a legislative appropriation of $750,000 to the
County to help offset the cost of the County's Service for one year from July 1, 2019, through June
30, 2020; and
WHEREAS, the County desires to continue the Service provided by the Contractor at a
total annual cost of $1,021,719.88, based on 1,800 pumpouts per month in the first quarter of
service, and an increase in that quota to 2,200 pumpouts per month in the remaining three quarters
of service, and recognizes the benefit of receiving funding from the State which may provide for
73% of the cost of the Service for one year; and
WHEREAS, the Agreement between the County and the Contractor requires amendment in
order to provide for changes in funding sources and to the terms of the Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein,
the parties have entered into this Amendment No. 10 as follows:
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Article 1.1.0 Representations and Warranties and Term of Contract
By executing this Amendment(hereinafter the"Amendment," "Contract," or"Agreement"), the
CONTRACTOR 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 CONTRACTOR'S duties
hereunder have been fully satisfied.
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 CONTRACTOR warrants that the documents prepared as
part of this Contract will be adequate and sufficient to document costs in a manner that is
acceptable for reimbursement by government agencies, therefore eliminating any additional
cost due to missing or incorrect information.
1.1.3 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to
his performance and with regard to those directly tinder his employ or authority.
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 Tasks expressly assigned by the
COUNTY. In providing all services pursuant to this Contract, 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 hereafter adopted. Any
violation of said statutes, ordinances, rules or regulations shall constitute a material breach
of this Contract and shall entitle the COUNTY to terminate this contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
1.1.5 At all times and for all purposes under this Contract the CONTRACTOR is an independent
contractor and is not an employee of the COUNTY. No statement contained in this Contract
shall be construed so as to find the CONTRACTOR or any of his/her employees,
subcontractors, servants, or agents to be employees of the COUNTY. As an independent
CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and
comply with all federal, state, and local statutes, ordinances, rules and regulations applicable
to the services to be provided.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of race, creed,
color, national origin, sex, age, or any other characteristic or aspect which is not job related,
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.
1.1.7 The effective date of this Contract shall be the last day on which this Contract is signed by
both of the parties.
1.1.8 Term of Amendment. The term of the Amendment shall be for one-year commencing on
July 1, 2019, and ending on Jenne 30, 2020, unless terminated earlier under the terms of the
Contract, as amended. However, the Amendment is contingent upon sufficient, continuous
funding to the County by the FDEP and/or other sources. If the applicable FDEP (or other)
funding agreement is cancelled or becomes insufficiently funded, this amended Agreement
is also void, unless the parties amend it in the same manner as it was originally approved.
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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 within Monroe County and shall also coordinate with the
County and with the Florida Fish and Wildlife Conservation Commission ("FWC") on providing
and ensuring sewage pumpout compliance within the County. A detailed Scone of Services is
attached as Exhibit "A."
2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall, without
additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the
work product of the CONTRACTOR.
Article 3.0 Amount of Compensation and Availability of Funds.
3.1 The CONTRACTOR shall not charge customers of the pumpout service for the services
rendered under this amended Agreement.
The County, in consideration of the CONTRACTOR satisfactorily performing and carrying out the
objectives of the County as to providing mobile vessel pumpout service, shall pay to the
CONTRACTOR up to the sum of One Million Twenty One Thousand Seven Hundred and Nineteen
DOLLARS and Eighty-Eight CENTS ($1,021,719.88) for one year, based on a quota of 1,800
pumpouts per month during the first quarter of service and 2,200 pumpouts per month during the
remaining three quarters of service, all at a per unit (per pumpout) price of$40.54444, as indicated
below.
Quarter I - 1,800 pumpouts/month (5,400/quarter) at $40.54444 = $218,939.98
Quarter 2-2,200 pumpouts/month (6,600/quarter) at $40.54444 =$267,593.30
Quarter 3 -2,200 pumpouts/month (6,600/quarter) at $40.54444 = $267,593.30
Quarter 4---2,200 pumpouts/month (6,600/quarter) at $40.54444=$267,593.30
Quarterly payments will be paid based on the quarterly quota being reached. If the quarterly quota is
not reached, payment will be based on the number of pumpouts performed 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
to allow for continued reimbursement of expenditures for services specified herein, this Agreement
may be terminated immediately at the option of the Board by written notice of termination delivered
to the CONTRACTOR. The Board shall not be obligated to pay for any services or goods provided
by the CONTRACTOR after the CONTRACTOR has received written notice of termination.
Payment under this amended Agreement is contingent upon an annual appropriation by the Monroe
County Board of County Commissioners.
3.2 Payment. The County shall pay the CONTRACTOR in current funds for the
CONTRACTOR's performance of authorized work. Payments (as described above) will be made
quarterly by the County to the CONTRACTOR. The quarterly payments are based on the quarterly
quotas indicated above, at a per unit rate of$40.544444. Conditions for payment are as follows:
L,�JAt the end of each quarter, the CONTRACTOR shall provide an invoice acceptable to the
Monroe County Clerk of Court (hereinafter the "Clerk"), along with documentation of
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service(s) as described in the attached incorporated Scope of Services. Quarterly invoicing
shall be 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 be made up for in other quarters. In the event the CONTRACTOR
performs more than the applicable quota in any given quarter, the County shall not pay for
the additional pumpouts.
Travel and Iodging are specifically excluded from payment. Payment shall be made only for
services provided (i.e., individual pumpouts) and there are no reimbursable items.
LQ CONTRACTOR's final invoice must be received within sixty (60) days after the
termination or expiration of this contract.
In addition, the CONTRACTOR shall provide quarterly invoicing documentation, as described
above, and keep a list of receipts/invoices for expenditures, defined as allowable in accordance with
FDEP Clean Vessel Act guidelines. Invoicing shall be made within fifteen (15) calendar days of the
end of each quarter.
3.3 Local Government Prompt Payment Act. Payment will be made according to the Local
Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the
Monroe County Clerk of Court. The request must describe in detail the services performed, the
payment amount requested, and supporting documentation.
Annually, the CONTRACTOR must furnish to the County the following (prior to the payment of
any invoices, items fA)through M must be provided):
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 the CONTRACTOR is a sole
proprietorship, provide name of owner(s) and duration of ownership;
(B),If a corporate entity or similar business organization, evidence of annual election of officers
and directors;
If a corporate entity, the entity's Articles of Incorporation and Bylaws;
nThe 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;
MI Cooperation with County monitoring visits that the County may request during the contract
year; and
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.
3.4 Budget. The CONTRACTOR 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 COUNTY's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of the
COUNTY's Board of County Commissioners. The COUNTY's performance and obligation to ply
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, and is
furthermore contingent upon sufficient, continuous funding to the County by the DEP and/or other
sources.
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Article 4.0 Renewal. The County shall have the option to renew this Agreement for an additional
one year period.
Article 5.0 Contractor's License. The CONTRACTOR shall secure, maintain and pay for any
permits and licenses necessary to operate pumpout vessels and associated equipment and
infrastructure. It is the CONTRACTOR's responsibility to maintain all permits and licenses that
may be required.
By signature hereon, the CONTRACTOR warrants that it is authorized by law to engage in the
performance of the activities herein described, subject to the terms and conditions set forth in these
contract documents. Proof of such licenses and approvals shall be submitted to the County upon
request. The CONTRACTOR has, and shall maintain throughout the term of this contract,
appropriate licenses and approvals required to conduct its business, and hereby represents that it
will at all times conduct its business activities in a reputable manner.
Article 6.1.0 Insurance
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
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.
6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate
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.
6.1.4 Delays in the commencement or completion of work, resulting from the failure of the
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
assessments shall be imposed as if the 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
as relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed by law.
6.1.6 The Monroe County Board of County Commissioners shall be named as Additional Insured
and as a Loss Payee on all of the CONTRACTOR's insurance policies issued to satisfy this
Contract's requirements, except for Workers' Compensation.
6.1.7 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
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own expense, insurance as specified in the attached schedules,which are made part of this Contract.
The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the
attached schedules. The CONTRACTOR shall ensure that any and all sub-contractors maintain the
same types and amounts of insurance required of CONTRACTOR. The CONTRACTOR shall be
named as an additional insured on all subcontractors' liability policies. Upon request of County, 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
required by this Contract has been furnished to the County as specified herein, and, when requested
by the County and/or where otherwise applicable, the CONTRACTOR shall provide proof of
insurance for all approved subcontractors.
6.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI
or better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty (60)
days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written
by an insurer acceptable to the County and shall be in a form acceptable to the COUNTY.
Prior to the commencement of work governed by this Contract, the CONTRACTOR shall obtain
and maintain General Liability insurance. Coverage shall be continuously maintained and include.
at a minimum:
Insurance Reuuirement Required Limits
Worker's Compensation $100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Recognizing that the work governed by this Agreement involves Maritime Operations (not to be associated
with Longshoremen's Insurance) , the CONTRACTOR's Workers' Compensation Insurance Policy shall
include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) with limits not
less than $1 million.
The CONTRACTOR shall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, insofar as the coverage provided is no less restrictive than would have been provided by
a Workers' Compensation policy.
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall
be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Veoicle 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
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$200,000 property damage
Pollution Liability $1 million per Occurrence
Recognizing that the work governed by this Agreement involves the storage, treatment, processing,
or transporting of potentially polluting material, the CONTRACTOR shall purchase and maintain,
throughout the life of the contract, Pollution Liability Insurance which will 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 must specifically identify this contract and specify that
coverage will extend to all losses, claiming pollution or environmental impairment, arising out of, in
connection with, and/or related to the services governed by this Agreement.
The minimum limits of liability shall be:
• $1 million per Occurrence
If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year
will be required.
Monroe County and its Board of County Commissioners shall be named as an Additional Insured.
Watercraft Liability $1 million Combined Single Limit (CSL)
Prior to the commencement of work governed by this Agreement, the CONTRACTOR shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the standard
"American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout
the life of this Agreement and include, at a minimum:
• Injury (including death) to any Person;
• Damage to Fixed or Movable Objects;
• Costs Associated with the Removal of Wrecked Vessels; and
• Contractual Liability with Respect to this Agreement.
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall
be endorsed to provide coverage for the legal liability of the ship-owner.
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 and
as a Loss Payee on all policies issued to satisfy the above requirements.
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 COUNTY, as satisfactory evidence of the required
insurance, either:
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• A Certificate of Insurance
or
A certified copy of the actual insurance policy.
The CONTRACTOR must provide a certified copy of the/its actual insurance policy or policies
upon request by the County, notwithstanding that the CONTRACTOR may have already provided a
Certificate of Insurance.
6.2.4 Coverage shall be maintained throughout the entire term of the contract.
6.2.5 Coverage shall be provided by a company or companies authorized to transact business in
the state of Florida.
6.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of
Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance
Program.
6.2.7 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.
6.2.8 The CONTRACTOR shall require its subcontractors to be adequately insured at least to the
limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the
COUNTY during the term of this Contract. The COUNTY will not pay for increased limits of
insurance for subcontractors.
6.29 The CONTRACTOR shall provide to the COUNTY certificates of insurance and/or a copy
of all insurance policies including those naming the COUNTY as an additional insured and as a loss
payee. The COUNTY reserves the right to require a certified copy of such policies upon request.
Article 7. Staffing. Since this contract is a service agreement, staffing is of paramount importance.
CONTRACTOR shall provide services using the following standards, as a minimum requirement:
LA)The CONTRACTOR shall provide at its own expense all necessary personnel to provide the
services under this Agreement. The personnel shall not be employees of or have any
contractual relationship with the County.
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. Utilities.The CONTRACTOR shall be responsible for payment of any utility charges
associated with the mobile pumpout service. All utility accounts shall be held in the
CONTRACTOR's name.
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Article 9.0 Indemnification and Hold Harmless.
9.1. The CONTRACTOR covenants and agrees to hold harmless the COUNTY/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 M 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 fQ arising out of, related to, or in connection with the
willful non-performance of the CONTRACTOR. The CONTRACTOR shall be solely responsible
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.
9.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere within this Contract. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that he
shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and
shall further defend any claim or action on the COUNTY's behalf.
9.3 In the event completion of the work assigned (to include the work of others) 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 delays. Should any claims be asserted against the COUNTY by virtue of any
deficiencies or ambiguity in the plans and specifications provided by the COUNTY or
CONTRACTOR, the CONTRACTOR agrees and warrants that the CONTRACTOR shall hold the
COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend
any claims or action on the COUNTY's behalf
9.4 The 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
any portion of the services specified in this Contract. The CONTRACTOR 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.
plan, supporting data, and other documents prepared or compiled under its obligation for this
project, and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR
and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall
be chargeable to the CONTRACTOR.
9.6 The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere in this Contract.
9.7 This indemnification shall survive the expiration or early termination of the Contract.
Article 10. 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
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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 CONTRACTOR'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 and equipment provided by the County and has
made investigations to fully satisfy itself that such facilities and/or equipment are suitable for this
work and it assumes full responsibility therefor. The provisions of this Agreement shall control any
inconsistent provisions contained in the Scope of Work. The Scope of Work has been read and
carefiilly considered by the CONTRACTOR, who understands the same and agrees to their
sufficiency for the work to be done. Under no circumstances, conditions, or situations, shall this
Agreement be more strongly construed against the County than against the CONTRACTOR.
Article 12. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be
responsible for the maintenance, repairs, and upkeep of facilities and equipment conveyed to, or
provided for the use of, the CONTRACTOR. The CONTRACTOR shall maintain County dockage,
or other facilities, and all equipment in a clean, safe, and sanitary manner.
Article 13. Breach of Terms by Contractor. The passing, approval, and/or acceptance by the
County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver
by the County of strict compliance with the terms of this Agreement, and specifications covering
the services. Any CONTRACTOR's breach of this Agreement shall be governed by the article
below on termination for cause.
The CONTRACTOR agrees that the County Administrator may designate representatives to visit
any facilities or offices utilized by the CONTRACTOR periodically to inspect CONTRACTOR's
maintenance of vessels and equipment. The CONTRACTOR agrees that the County Administrator
may designate representatives to visit the facilities or offices periodically to conduct random open
file evaluations during the Contractor's normal business hours.
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 shall be paid to the CONTRACTOR through the end of
provision or services or for the thirty (30) days, whichever is shorter.
Article 15. Termination with Cause. In addition to all the terms set forth herein, the County may
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
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:
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 fhe operation
of pumpout vessels or the handling and/or treatment of vessel waste.
Breach of any other term, condition, or requirement of this Agreement.
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Article 16. Maintenance of Records. The CONTRACTOR shall comply with all public records
and records retention requirements mandated by Section 24, Article I, 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
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision shall be
deemed a material breach of this Contract and the COUNTY 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 provisions shall
survive any termination or expiration of the Contract. Each party to this Contract or its authorized
representatives shall have reasonable and timely access to such records of each other party to this
Contract during the term of the Contract and for four years following the termination of this
Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines
that monies paid to the CONTRACTOR pursuant to this Agreement/Contract were spent for
purposes not authorized by this Agreement/Contract, or were wrongfully retained by the
CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes. running from the date the monies were paid by the
COUNTY.
In addition, the CONTRACTOR shall, at its expense. provide the County with an annual audit,
prepared by an independent Certified Public Accountant, which shall conform to generally accepted
auditing standards, of the Statement of Revenues and Expenses associated with this Agreement with
Monroe County, and which shall be submitted to the County within one hundred twenty (120) days
following the close of the Contractor's fiscal year.
The CONTRACTOR shall also allow the County to inspect the CONTRACTOR's facilities,
equipment, or vessels at any reasonable time.
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 I, of the Florida Constitution. The COUNTY and the CONTRACTOR shall
allow and permit reasonable access to, and inspection of, all documents, records, papers, letters, or
other "public record" materials in its possession or under its control subject to the provisions of
Chapter 119,Florida Statutes, and made or received by the COUNTY and CONTRACTOR in
conjunction with 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
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 COUNTY 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 119.0701, Florida Statutes, and the terms
and conditions of this contract, the CONTRACTOR is required to:
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LD Keep and maintain public records that would be required by the COUNTY to perform the
service.
Upon receipt from the COUNTY'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.
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
Contract term and following completion of the Contract if the CONTRACTOR does not
transfer the records to the COUNTY.
LL Upon completion of the Contract, transfer, at no cost, to the COUNTY all public records in
possession of the CONTRACTOR or keep and maintain public records that would be
required by the COUNTY to perform the service. If the CONTRACTOR transfers all public
records to the COUNTY upon completion of the contract, the CONTRACTOR shall destroy
any duplicate public records that are exempt or confidential and exempt from public records
disclosure requirements. If the CONTRACTOR keeps and maintains public records upon
completion of the Contract, the CONTRACTOR shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the COUNTY,
upon request from the COUNTY's custodian of records, in a format that is compatible with
the information technology systems of the COUNTY.
A request to inspect or copy public records relating to a COUNTY Contract must be made
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
CONTRACTOR must provide the records to the COUNTY or allow the records to be
inspected or copied within a reasonable time.
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
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
the public records to the COUNTY or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The CONTRACTOR shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119 FLORIDA STATUTES TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT,,CONTACT THE CUSTODIAN OF
PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN MONROECOUNTY-FL.GOV MONROE
COUNTY ATTORNE_Y_'S OFFICE_1111 12TH Street,-SUITE 408,KEY
WEST, FL 33040.
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Article 18. Compliance with Law. In providing all services pursuant to this Agreement,the
CONTRACTOR shall abide by all statutes, ordinances, rules, and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of
this Agreement and shall entitle the Board to terminate this contract immediately upon delivery of
written notice of termination to the CONTRACTOR. The CONTRACTOR shall possess proper
licenses to perform work in accordance with these specifications throughout the term of this
Agreement.
Article 19. Disclosure, Conflict of Interest, and Code of Ethics.
The CONTRACTOR represents that it, its directors, principals and employees, presently
have no interest and shall acquire no interest, either direct or indirect, which would conflict
in any manner with the performance of services required by this Agreement, as provided in
Section 112.3I 1, et. seq., Florida Statutes.
Upon execution of this Agreement, and thereafter as changes may require, the
CONTRACTOR shall notify the County of any financial interest it may have in any and all
contracts with Monroe County.
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
Article 20. Notice Requirements. Any notice required or permitted under this Agreement shall be
in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested,to the following:
FOR COUNTY:
Monroe County Administrator and Monroe County and Monroe County Attorney
1100 Simonton Street Senior Director 1111 12"' St., Suite 408
Key West, FL 33040 Planning& Environmental Key West, FL 33041
Resources Department
2798 Overseas Hwy.
Marathon, FL 33050
FOR CONTRACTOR:
Donnie Brown, Pumpout USA
1150 Highway 83 North
DeFuniak Springs, Florida 32433
Article 21. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The
CONTRACTOR shall not be exempted by virtue of the County's exemption from paying sales tax
to its suppliers for materials used to fulfill its obligations under this Agreement, nor is the
CONTRACTOR authorized to use the County's Tax Exemption Number in securing such materials.
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The CONTRACTOR 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 not pledge the County's credit or
make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any
form of indebtedness. The CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this Agreement.
Article 23.1.0 Miscellaneous
23.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract its obligations
under this Contract, except in writing and with the prior express written approval of the
COUNTY and consistent with the Contract, which approval shall be subject to such
conditions and provisions as the COUNTY may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or
subcontractor shall comply with all of the provisions of this Contract. Subject to the
provisions of the immediately preceding sentence, each party hereto binds itself, its
successors, assigns and legal representatives to the other and to the successors, assigns and
legal representatives of such other party.
23.1.2 No Third-Party Beneficiaries. Nothing contained herein shall create any relationship.
contractual or otherwise, with or any rights in favor of, any third party.
23.1.3 Termination.
LA, In the event the CONTRACTOR shall be found to be negligent in any aspect of the
service or work, the COUNTY shall have the right to terminate the Contract after five
(S) days' written notification to the CONTRACTOR.
The COUNTY may cancel this Contract without cause by giving the CONTRACTOR
sixty (60) days' written notice of its intention to do so.
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
work, may not submit bids on Ieases 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 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted vendor list.
By signing this Contract, CONTRACTOR 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
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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.
23.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall be, and
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
solicitations shall be approved by each party prior to submission.
23.1..6 Non-Discrimination. CONTRACTOR and COUNTY 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 Contract
automatically terminates without any finrther action on the part of any party, effective the
date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and
Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These
include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which
prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4)The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol
and drug abuse 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) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended
from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe
County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
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.
23.1.7 No Solicitation/Payment. The 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 of the 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,
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or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
23.1.8 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 COUNTY officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of
Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this Contract without liability and may also, in its discretion, deduct
from the Contract or purchase price, or otherwise recover the full amount of any fee,
commission, percentage, gift, or consideration paid to the former COUNTY officer or
employee.
23.1.9 Covenant of No Interest. CONTRACTOR and COUNTY covenant that neither presently
has any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Contract, and that only interest of each is to perform
and receive benefits as recited in this Contract.
23.2.0 Federal Contract Requirements. The CONTRACTOR and its subcontractors must follow
the provisions as set forth in Appendix II to Part 200, as amended, including but not limited to:
23.2.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all
contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3
must include the equal opportunity clause provided under 41 CFR 60-1.4(b).
23.2.2 Davis-Bacon Act, as Amended (40 U.S.C. 3141-3148). When required by Federal program
legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities
must comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by
Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to
Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
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
acceptance of the wage determination. The COUNTY must report all suspected or reported
violations to the Federal awarding agency. The contractors must also comply with the Copeland
"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
subrecipient 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. The COUNTY must report all suspected or reported violations to the Federal
awarding agency.
23.2.3 Contract Work Hours 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 the
employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented
by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
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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.
23.2.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets
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
work under that "finding agreement,"the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any
implementing regulations issued by the awarding agency.
23.2.5 Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act
(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
Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of
the Environmental Protection Agency (EPA),
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
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that
implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989
Comp., P. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties
debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under
statutory or regulatory authority other than Executive Order 12549.
23.2.7 Byrd Anti-Lobbying Amendment (31 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
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any
Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.
23.2.8 Procurement of recovered materials as set forth in 2 CFR § 200.322.
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.
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23.3.1 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
COUNTY that DBE's, 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. The DBE requirements of applicable federal and state laws and regulations apply to
this Contract. The COUNTY 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
basis of race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Contract.
23.3.2 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by the CONTRACTOR
during the term of the Contract and shall expressly require any subcontractors or subconsultants
performing work or providing services pursuant to the Contract to likewise utilize the U.S.
Department of Homeland Security's E-Verify system to verify the employment eligibility of all new
employees hired by the subcontractor or subconsultant during the Contract tern.
23.3.3 NRCS Regulations. NRCS administers the EWP program through the following authorities:
• Section 216, Public Law 81-516 (33 U.S.C. Section 701b);
Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and
• Section 382, Title III, 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
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
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.
Article 25. Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws. ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the COUNTY, when performing their respective functions under
this 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
outside the territorial limits of the COUNTY.
Article 26. Legal Obligations and Responsibilities - Non-Delegation of Constitutional or
Statutory Duties. This 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 th9reof 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.
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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
her 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. Non-Reliance by Nan-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 claim or
entitlement to or benefit of any service or program contemplated hereunder, and the
CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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 Contract separate and apart, inferior to, or superior to the community in general
or for the purposes contemplated in this Contract.
Article 29. Governing Law, Venue, Interpretation, Costs and Fees. This Contract shall be
governed by and construed in accordance with the laws of the State of Florida applicable to
contracts made and to be performed entirely in the State. In the event that any cause of action or
administrative proceeding is instituted for the enforcement or interpretation of this Contract,
COUNTY and CONTRACT agree that venue shall lie in the 16"' .Judicial Circuit, Monroe County.
Florida, in the appropriate court or before the appropriate administrative body. This Contract shall
not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this
Contract shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
Article 30. Atoorney'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 Contract, 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.
Article 31. Adjudication of Disputes or Disagreements. The 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
may be provided by this Contract or by Florida law. This provision does not negate or waive the
preceding provisions of this Contract concerning termination or cancellation.
Article 32. Cooperation. In the event any administrative or legal proceeding is instituted against
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
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 COUNTY and CONTRACTOR 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 Truth in Negotiation. CONTRACTOR agrees to execute such
documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an
Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Contract by
CONTRACTOR 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,
complete, and current at the time of contracting. The original contract price and any additions
thereto shall be adjusted to exclude any significant sums by which the agency determines the
contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other
factual unit costs. All such adjustments must be made within one year following the end of the
Contract.
Article 35. Authorized Signatory. The signatory for the CONTRACTOR, below, certifies and
warrants that:
(A)The CONTRACTOR's name in this Agreement is its full name.
(B)He or she is authorized to act and contract on behalf of CONTRACTOR.
Article 35. Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Contract have been duly authorized by all necessary County and corporate
action, as required by law.
Article 37. 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_
Article 38. Binding Effect. The terms, covenants, conditions, and provisions of this Contract shall
bind and inure to the benefit of the COUNTY and CONTRACTOR and subcontractors and their
respective legal representatives, successors, and assigns
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
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 parties hereto may execute this Contract by
signing any such counterpart.
In Witness Whereof; the parties have executed this Contract as indicated below.
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•
7,7%-i..?,
INc
4BOARD OF COUNTY COMMISSIONERS
'* • *.'0.- ADOK, CLERK MONROE COUNTY
6_,,,,,,,,,,,44,,,4_,
Deputy Clerk Mayor ylvi J. Murphy
By:V 1 1 cue LI. eti Signature:
itness t'rint ame) onnie Brown
B . U 4On behalf of: Pumpout USA, Inc.
Witness( ignature)
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
STATE OF F\oc- &.__ PETER MORRIS
ASSISTANT CO NTY ATTORNEY
COUNTY OF L 1lam Date: �j �,/fr - r—
The foregoing instrument was acknowledged and attested before me this j day of
. ,ura2019, by jr.nc,-,-� --jc c1 ,who is personally known to me or produced
\c-1c 'nrctx _sLe_ se. as proof of identification and did take an oath.
C.9c 3 -"ICJJ-.
Notary Public Seal TONYA COX x c— r--
,A Notary Public,State or Florida - 1
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Print Name M,. . = c-,
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22 of 22
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
with the illegal discharge of sewage from vessels, and further enable compliance with regulations
of the federal No Discharge Zone and the Proof of Pumpout Ordinance in Monroe County
authorized under Section 327.60(4), Florida Statutes.
The following sections describe the Scope of Work and Deliverables for the provision of mobile
vessel pumpout service.
Section A: Scope of Work
1. Mobile Vessel Pumpout Service
Pumpout USA 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
within the Florida Keys. The Service will be provided 8 hours per day, 5 business days
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.
The pumpout service shall be provided at no charge to all anchored recreational vessels in
the waters of Monroe County within the Florida Keys (up to once per week). Pumpout
USA may also provide service to 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 D the pertinent
marina does not have a pumpout facility, or 21 in an emergency, which shall be limited to
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
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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
emergency pumpout service to such marina(s). During the period in which the Contractor
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
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
words, the marina facility should be self-sufficient with regard to vessel sewage waste
disposal and/or treatment).
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
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.
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
haulers.
2. Staffing
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,
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;
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• 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
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
reporting and reimbursement purposes.
3. Registration of Customers
Registration forms for participation in the program shall be made available online
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
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
sewage to be pumped) simply for the purpose of acquiring an identification decal.
A service schedule for each pumpout vessel placed into service shall be made available
on the Pumpout USA website. The registration forms provided on said website shall
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
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
1. Monthly Pumpout Lomas
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
of sewage pumped out, and the number of individual vessels pumped out.
2. Quarterly Reports
Pumpout USA shall submit signed and dated Quarterly Reports clearly indicating the:
• Number of pumpouts performed by service area including: ate. actual number of
pumpouts performed, bb. 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 Le.) the method of waste disposal. A summary
shall also be provided clearly stating each quarter's total number of pumpouts
performed, each quarter's total number of instate and out-of-state vessels pumped
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.
• 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
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.
4 of 5
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, Lc,.) the monthly total volume of sewage pumped in gallons, M.
the monthly total number of individual vessels pumped out, and fe.) methods of
waste disposal utilized during the month.
4. Invoicing
Pumpout USA shall submit a signed invoice on Pumpout USA letterhead for each
quarter's payment, as stipulated in the Contract. The invoice cost (as described in the
Contract) shall be based upon a per unit rate.
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
pumpout program for State FY'20.
5 of 5
................... ............... ----------- .........
AC<>RbF DATE�rmmwwy
ki CERTIFICATE OF LIABILITY INSURANCE 101117/2019 m
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON FM NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
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CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOIES NOT CONS ITIUM A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REP-RESENTATIrVE-OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT. If the toholder Is an A DDM R-AL—INSURED,the polley(les)must be endorsed. If SUBROGATION jg-WAIVED,
subject to
the terms and conditions of the policy,certain Policies may require an endorsement A statement on this certificate dam not confer rights to the
--tWHftMft holder In III of such endorsamentla).
RMIKICER
Chart
Branch &Branch Ins ELag
12443 San jose Blvd I!ft
Jacksonville, F1 32223 IPRUPRMLk�Q 111IOVEWE NAIcr
INSURED xrsDR>RA., Mercury Ins 03526
PUMPOUt USA MSURI
1150 State Highway 83 111 C;
Defuniak Springs,F1 32433
COVERAGES CERTIFICATE NUMBER: INSURERE:
REVISION.NUMBER:
—fHlSli'�"EER-nFY—THAT-r�EP0661 �jINSURANCE-"USTED—HELO—WHI HAVE ISSUED TO THE IN NAMED ABOVE FOR THE p&-IaFp�ERIDD
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SUEDOR MAY PERTAIN.THE INSURANCE AFFORDED BY THEDESRIBE HEREIN IS SUBJECT TO ALL THE TERMSEXCLUSIONS ANDNDI OF SUCH PES-LIMITS SHOWN MAY 1WlYaHAVE BEEN REDUCED fry PAID CLAIMS. ---1 1.11.. .URANCE
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County CommissionersT14E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
1144 Simonton St Rm 2268 ACCORDANCE
Key West, F133040 AMID
CORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
ACO a DATE(MWDDNYYY)
CERTIFICATE LIABILITY INSURANCE 1/17/2019
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 PHONEW19 616-975-3500 FAtUc N®: Fax616-975-0670
3940 Peninsular Drive SE Suite 100 £-MAIL
AaoR£ss:
Grand Rapids,MI 49546-6107 INSURERS AFFORDING COVERAGE NAIC0
INSURERA:XL S eclat Insurance Company_.
INSURED INSURER e
Pump Out USA
INSURER C
1150 Highway 83 North INSURERD:
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„
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR .. ... .... ..... ...... ...... .. ..... ..
LTA TYPE 0FINSURANCE
WVDPOLICY NUMBER MM DDrVwaf FF Map Y LIMITS
A COMMERCIAL GENERAL LIABILITY UM00046315MA18A 121181201812/18/2019 EACH OCCURRENCE s 1,000,000
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OTHER�PO PRO.. LOC XLM00000217 12/18/20181211812019 � I _. _" .. C"OMPFOP.Asc S 2,000,000
1,000,000
AUTOMOBILELIABILITY M IN IN L LIMIT $
ANY AUTO BODILY INJURY(Per p9rsani $
OWNED SCHEDULED BODILY INJURY&Per eccadenlp..5.........................................................................
AUTOS ONLY AUTOS
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DESCRIPTION OF OPERATIONS I LOCATIONS I 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
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.....
.8..13....................................................C........O.. M..PANY..B AFFORDING COVERAGE:
..................................................... . m._..........................................................................................
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..
Type of Insurance Policy Number EffectivPolicy E olic raton Limits
...............................................................................................................................................................................................................................................................................................................,.._................................................................................................. .......................................................................
COMMERCIAL VESSEL LIABILITY XLM0000217 12/1V2018 1211812019 1,000,000
LIABILITY DEDUCTIBLE XLM0000217 12/1812018 1211&112019 '�' 500
.............................................................
MEDICAL PAYMENTS XLM0000217 I?�i8 2018 1218�2019 5,000
DESCRI mm. mm mm....
PTION:
2006 23' Pump Out USA Per Schedule See Schedule
CAN........E............................�................................. ........,,..............................................................................................................................,..................................................................................................................................... ..........................................................................................................................................
C ELATION:
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING
COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW,BUT FAILURE
TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR
REPRESENTATIVES,.
ADDITIONAL INSURED: Form CL-T Rev 1/20116
Monroe County Board of County Commissioners
1 100 Simonton Street,Room 2268
Key West,FL 33040
Authorized Agent: Date: October 25, 2018
nis MEW
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