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Item M1
M.1 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 November 20, 2019 Agenda Item Number: M.1 Agenda Item Summary #6117 BULK ITEM: No DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289-2805 10:45 A.M. AGENDA ITEM WORDING: Discussion and direction regarding the objectives of the Keys- Wide Mobile Vessel Pumpout Service ("Service"), and clarification and direction as to the Service's parameters regarding providing the Service to vessels located in marinas and regarding providing the Service to vessels located at private residences. ITEM BACKGROUND: The Monroe County Board of County Commissioners ("BOCC or "Board") approved a contract ("Contract") with "National Marine Waste Foundation, Inc." (whose name was later changed to "Pumpout USA, Inc.") on December 12th, 2012, to provide Keys-Wide Mobile Vessel Pumpout Service (the "Service") to recreational vessels. The Service's objectives, as outlined in the Contract, included providing the Service to anchor-outs and to live-aboards at marinas; the Contract provided no additional parameters as to which marinas could be pumped out. Later, in early 2013, Pumpout USA, Inc. ("Pumpout USA" or the "Vendor"), implemented the Service. The number of registered pumpout customers has increased over the years, with the vendor doing an excellent job at pumping out in many various types of locations throughout the Keys. The BOCC has approved several amendments (Amendment Nos. 1 through 9) to the Contract between 2013 - 2018, with each amendment indicating that the pumpout service shall be provided at no charge to all anchored recreational vessels in the waters of Monroe County within the Florida Keys. The vendor has also provided service to vessels located at marinas, but only after all anchored- out vessels are serviced, with the first priority of each of the vendor's pumpout vessels to be servicing anchored vessels. The Service has historically been funded using one or more of a combination of County Boater Improvement Funds ("County BIF"), Clean Vessel Act ("CVA") funding, and legislative appropriations. Currently, for State FY `19-20, the Service is funded exclusively by W County BIF and (22,) $750,000 of Legislative appropriations (the largest amount received by Monroe County to date (the second highest appropriation was $500,000). The recently increased total contract amount ($1,021,719.88) is only financially sustainable with legislative appropriations, and without that annual appropriation, it is expected that the contract total Packet Pg. 2122 M.1 will decrease in future years. Further, the Florida Department of Environmental Protection ("DEP") has indicated that it would need any future increase in the cost per pumpout to be based upon a competitive bid process, which may be had with the issuance of a new Request for Proposals ("RFP") for the Service. When Monroe County first began this program, the County issued a RFP in 2011, and subsequently the BOCC selected Pumpout USA and directed staff to negotiate pricing terms. To assist Monroe County with funding its Service, the state Legislature has provided funding assistance over the past five years, with the annual grant contract being managed by DEP. In early 2019, the DEP informed Marine Resources Office ("Marine Resources") staff that based on DEP's monitoring of the vendor's service activities, it was determined that Pumpout USA was providing service at some marinas which already have on-site pumpout facilities. Similar spot-check monitoring by Marine Resources staff determined that Pumpout USA had been providing the Service to vessels in marinas that already have on-site pumpout facilities. The vendor has represented to Marine Resources staff that it was providing the Service to such marinas in instances wherein the marina's pumpout was either in disrepair or `otherwise insufficient' (as to the latter, for example, vessels requesting the Service in the marina were not conveniently close enough to the marina's pumpout station, a marina's or boater's portable pumpout unit was insufficient for some reason, etc). In light of the recent Marine Resources staff and DEP-discovered issue of the Service being provided at some marinas which already have working, functional on-site pumpout facilities, and based upon the need to ensure that public dollars (both County BIF funding and State funding) are properly expended, Marine Resources staff addressed these concerns by specifying additional provisions in Amendment No. 10 to the Contract (which took effect on July 1, 2019). Contract Amendment No. 10 was reviewed and approved by Pumpout USA, with the elimination of pumping out vessels in marinas which already have an on-site pumpout facility, unless Marine Resources staff confirms that the marina's pumpout is not working (i.e., is in disrepair) or is otherwise insufficient. These provisions include allowing the Vendor to provide the County's Service to vessels in a marina if: 1) The marina does not have a pumpout facility; or 2) In an emergency wherein a marina's pumpout is in disrepair. Or, the Service may be provisionally provided in other `emergency' situations (i.e., if the marina pumpout facility in question is otherwise insufficient), but only for a limited time. Pumpout USA has, after approving Amendment No. 10 to the Contract, expressed concern as to whether it can under these parameters meet its new quota of 2,200 pump outs per month beginning on October 1", 2019 (up from the parties' previously agreed-upon quota of 1,800 pump outs per month), with particular concern regarding whether it can meet its required 2,200 pumpouts per month quota if the Marine Resources Office requires it (Pumpout USA) to follow the foregoing parameters on providing the County's Service to vessels in marinas. Packet Pg. 2123 M.1 Additionally, shortly after the parties executed Amendment No. 10 to the Contract, Marine Resources staff also learned and confirmed that Pumpout USA has been providing the County's Service to vessels located behind private residences. Because the operative Contract does not authorize the vendor to pump out vessels behind residential homes, Marine Resources staff directed the Pumpout USA to cease providing the County's Service to those vessels located behind private homes and to cease counting them in its monthly reports and invoicing to the County. In light of the above information and concerns, and to ensure that the County's payments for providing this Service can be justified as reasonable public expenditures of both State and County funding, staff is seeking clarification and direction from the BOCC regarding the Service's objectives and appropriate parameters. To assist with this discussion, Marine Resources staff has provided the following information. Marina and Pumpout Data: • There are approximately 177 marinas throughout Monroe County (97 in incorporated areas; 80 in unincorporated areas). • Currently, there are approximately 51 marinas in the Florida Keys equipped with pumpout facilities. • Pumpout USA is pumping out approximately 69 marinas throughout the Keys. At least 16 of these marinas have working, functional pumpout facilities. • There are approximately 54 marinas in unincorporated areas of the county that do not have any pumpout facility. • The County requires that all marinas with 10 slips or more, or one live-aboard slip, must provide a fixed pump out station. Further, such pumpout stations must stay in working order. In accordance with Comprehensive Plan ("Comp. Plan") Policy 202.3.1 and Comprehensive Plan 202.3.2, and in accordance with Monroe County Land Development Code ("LDC") Section 118-16, notifications apprising this requirement requiring installation of fixed pumpout stations will be going out. The goal of these Comp. Plan policies and LDC provisions are to ensure that all marinas with 10 slips or more, or with at least 1 liveaboard slip, have a pump-out station. The Florida Department of Environmental Protection administers the CVA program, in which private marinas can receive 75% funding toward making that improvement to their marina. The Service's demographics (e.g., anchor-outs, marinas, vessels behind houses, etc.), and the number of pumpouts performed in an average month are provided in attached Table 1. Staff is seeking clarification and direction from the BOCC regarding the objectives of and parameters for the Service. To assist with this discussion, Marine Resources staff has provided the following information. Staff is requesting clarification and direction from the BOCC regarding the objectives of the Service, and regarding the Service's parameters, including whether the Board wants the vendor to: Packet Pg. 2124 M.1 1. To provide free pumpout at marinas which have working, functional on-site pumpout facilities; 2. To provide free pumpouts at residential homes . Suggested Pumpout Program Objectives: • In General: The objective of the Keys-Wide Mobile Vessel Pumpout Service is to provide sewage pumpout service to vessels in areas or situations where suitable pumpout facilities are not readily available. The pumpout program shall be provided and operated in a manner that encourages boaters to properly and legally pumpout their vessel sewage in compliance with regulations of the Federal No Discharge Zone (in which Monroe County is located), and furthermore encourages marinas to become self-sufficient in the provision of pumpout services to their paying customers. The Service's first priority is anchored-out vessels. • Anchor-Outs: Based upon the knowledge that long-term anchor-outs typically do not leave their anchor or mooring to go to a shoreside pumpout facility, and often do not have a fully functioning vessel capable of safely motoring and/or navigating to a marina with a working on-site pumpout facility, pumpout services shall be provided to anchored-out vessels. • Marinas: Pumpout services may be provided to vessels in marinas in certain scenarios in which sufficient, operating pumpout facilities either do not exist or are temporarily inoperable. Monroe County encourages all marinas which have vessels to become and remain self-sufficient regarding providing on-site pumpout service to their paying customers, and as required by Comp. Plan Policies 203.3.1 and 202.3.2 and LDC Section 118-16. Until such time that all applicable marinas and marine facilities are noticed and the compliance date of these requirements are reached, the County may authorize provision of the pumpout Service to liveaboard vessels in marinas in certain scenarios as described below. • Residential Homes: Pumpout services may be provided to vessels located at residential homes. Options for Pumpout Parameters: To assist the Board with its discussion regarding which receivers of the County's pumpout Service are appropriate for said Service, and to specifically determine under which scenarios marinas may receive said service, Marine Resources staff has provided the below matrix for the Board to choose from. Staff suggestions have also been provided regarding the term of service. Packet Pg. 2125 M.1 I 111i'llig 1� l�1 11�11,,111 111111 111 I=1� I Demographic Scenario Suggested Term Notes BOCC (i n decreasing order of need) of Service Directives: Vessels are in areas or situations where suitable Anchor-Outs pumpout facilities are not readily available. Main priority 1)Anchored throughout Keys Ongoing for service. Pursuant to Comp.Plan Policy 202.3.2,facilities with 10 slips Allow vendor to or 1 liveaboard slip are pumpout,until deadline required to install on-site for installingon-site pumpouts within 12 months of pumpout stations (e.g. 1-receiving written notice of this 2)Marinas without pumpouts 2 yrs.) requirement. If the Service is continuously provided,the on-site pumpout facilitywill notlikelyget repaired. The foregoing Comp. Plan Policies and LDC provision provide for staff to send I etters to each marina,to ensure that Allow vendor to their on-site pumpouts stations pumpout,until deadline are repaired and operable. for installingon-site Short-term mobile pumpout Vessels in Marinas 3)Marinas with pumpouts in pumpout stations (e.g. 1-service may address emergency disrepair 2 yrs.) situations. 4)Marinas with a working pumpout station,and the vessel Vendor has indicated that it owners must move their boat to may be'inconvenient'for the pumpout station to pumpout. vessels to move. 5)Marinas with pumpouts that are otherwise insufficient(e.g. the marina in question's portable pumpout unit is i ns ufficient for Allow vendor to If service is continuously some reason,the marina's pumpout,until deadline provided pumpout insufficiency pumpout is located in 3'of water for i nsta I I i ng on-s ite wi I I n ot I i kel y get co r rected. and can't serve deep draft pumpout stations (e.g. 1-Short-term service can address vessels,etc.) 2 yrs.) emergency situations. 6)Marinas with full pumpout systems (i.e.aII slips are Marina has effective facility to pl umbed) Servi ce not recommende(provi de servi ce. Packet Pg. 2126 M.1 Pursuant to Comp. Plan Policy 202.3.2,facilities with 10 slips Allow vendor to or I liveaboard slip are Vessels at hotels pumpout, until deadline required to install on-site for installing on-site pumpouts within 12 months of 7)Vessels at docks accessory to pumpout stations (e.g. 1-receiving written notice of this hotels 2 yrs.) requirement. May not be applicable to Comp. Plan Policy 202.3.2,facilities Vessels at facility with 10 slips or 1 liveaboard with less than 10 slip are required to install on- slips 8)Facility is neither a marina or site pumpouts within 12 months a marinefacility(unless it has 1 of receiving written notice of liveaboard slip) this requirement. Pursuantto Comp. Plan Policy 202.3.2,facilities with 10 slips or 1 liveaboard slip are required to install on-site pumpouts within 12 months of receiving written notice of this Vessels at condo requirement. docks Inconsistent with Monroe County Code of Ordinances ("Code")Sec.26-3(b) (no docking of any live-aboard vessel in a manmade canal,basin,or cove 9)Vessels at docks accessory to that is adjacent to any condominiums To be discussed residential area). County Code of Ordinances ("Code")Sec.26-3(b) (no docking Vessels behind of any live-aboard vessel in a houses manmade canal,basin,or cove that is adjacent to any 10)Vessels behind houses To be discussed residential area). Of additional consideration is the need for the vendor to have sewage off-loading facilities available to it. The vendor's currently-used off-loading facilities that are located at marinas, are discussed further in the attached Exchange of Services Information, PREVIOUS RELEVANT BOCC ACTION: December 2012 - Approval of Contract ("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 the Service for two additional years November 2014 - Direction to send a letter to DEP-CVA requesting sufficient funding to the Contractor Packet Pg. 2127 M.1 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 June 2019 - Approval of Amendment No. 10 to the with Pumpout USA CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Clarification and direction regarding the Service's (1) objectives and(2) appropriate parameters as to where the County's mobile pumpout service should be provided. DOCUMENTATION: Initial NMWF contract PO USA Amendment No.10 Comprehensive Plan Land Development Code Table 1 Exchange of Services Information Example request-patrons at marina with plumbed pumpout system FINANCIAL IMPACT: Effective Date: Expiration Date: Total Dollar Value of Contract: Total Cost to County: Current Year Portion: Budgeted: Source of Funds: CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Grant: County Match: Insurance Required: Additional Details: Packet Pg. 2128 M.1 REVIEWED BY: Emily Schemper Completed 09/26/2019 3:38 PM Emily Schemper Skipped 09/24/2019 2:15 PM Assistant County Administrator Christine Hurley Completed 09/30/2019 3:28 PM Peter Morris Completed 09/30/2019 6:18 PM Budget and Finance Completed 10/01/2019 10:52 AM Maria Slavik Completed 10/01/2019 10:54 AM Kathy Peters Completed 10/01/2019 11:05 AM Board of County Commissioners Completed 10/16/2019 9:00 AM Packet Pg. 2129 M.1.a 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 of the State of Florida ("County" or "Board"), and Pumpout USA, Inc., a for profit corporation of the State of Florida("Contractor"). WHEREAS, the County has certain objectives as directed and established by the Board of County Commissioners, and which are consistent with, and supportive of, the federal No Discharge Zone established by the Environmental Protection Agency and discharge regulations established by the U) Florida Keys National Marine Sanctuary; and 0. WHEREAS, the County has created anchoring regulations, in coordination with the Florida Fish and 0. 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 U) 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 0 Agreement as matching funds for the CVA grant; and WHEREAS, DEP, Contractor and County are coordinating activities to be performed by Contractor to assist with funding and invoicing and are anticipating a CVA grant agreement start date of January 1, 2013 which will commence the billable quarters; NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as E follows: I. SCOPE OF SERVICES: Contractor shall be the exclusive provider of marine pumpout services for County in the unincorporated areas of the Florida Keys and shall also coordinate with County and FWC on sewage pumpout compliance within the managed anchoring zones established by the County. A detailed Scope of Services is attached as Exhibit A. II. EFFECTIVE DATE AND TERM This Agreement shall be effective on the date above. However, the 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. 2130 M.1.a 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. a� The County, in consideration of the Contractor satisfactorily performing and carrying out the 0 objectives of the County as to providing mobile pumpout service, shall pay to the Contractor up to the sum of Three Hundred Forty Thousand Two Hundred and 85/100 DOLLARS ($340,200.85) in the first 0. 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. U) The Board shall not be obligated to pay for any services or goods provided by the Contractor after the Contractor has received written notice of termination. Payment under this Agreement is contingent T upon an annual appropriation by the Monroe County Board of County Commissioners. IV. PAYMENT: 0 0 Payment will be made based on a unit price of$21.81 (Twenty-one and 81/100 Dollars) per pumpout (based on an estimated 1300 pumpouts per month) on a quarterly basis using the same schedule and quarterly dates used by DEP as follows: Z (a) To provide for start-up expenses, the first payment (of the first year) will be made at the beginning of the first quarter in advance in the amount of$98,267.11. At the end of the first quarter, Contractor shall provide a report with documentation of service provided including 1} signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, and 3) description of additional services or activities provided (as described in the Scope of Services). In the event the reported number of pumpouts and the associated cost for the number of the pumpouts performed is less than what was provided for in the pre-paid quarterly amount, the overage advanced for that quarterly amount will roll over into the next quarter as a credit to the County's next payment. (b) The second and following quarterly payments of the first year, in the amount of$80,644.58, will be made after services are rendered for that quarter and invoiced. Contractor shall provide an invoice acceptable to the Clerk, along with documentation of service provided including 1) signed monthly pumpout logs (specific to each pumpout vessel) indicating number of pumpouts 2 Packet Pg. 2131 November 20,2012 performed and volume of sewage pumped out (by service area) and a quarterly pumpout log summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to DEP for the same quarter, 3) description of additional services or activities provided (as described in the Scope of Services). If the available funds for the second quarter are more than County owes Contractor, excess funds shall rollover into the third quarter, and similarly from the third to the fourth quarter. In no event shall payment exceed the annual amount stated above. (c) Quarterly payments for the second year will be made after services are rendered for that quarter and invoiced. The first quarterly payment of the second year will be in the amount of $87,289.61. The second and following quarterly payments of the second year will be in the amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above shall apply. In no event shall payment exceed the annual amount stated above. .2 (d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as U) 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 0. 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 expiration of this contract. 0 Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk of the _ Board examines and approves the request for payment, the County shall reimburse the Contractor. The total of said reimbursement in the aggregate sum shall not exceed the annual total amount shown in Paragraph III. a Annually, the Contractor must furnish to the County the following (prior to the payment of any invoices, items (a) through (h) must be provided): E 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. 2132 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 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 of the activities herein described, subject to the terms and conditions set forth in these contract documents. Proof of such licenses and approvals shall be submitted to the County upon request. The Contractor has, and shall maintain throughout the term of this contract, appropriate licenses and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. VII. INDEPENDENT CONTRACTOR: At all times and for all purposes, the Contractor, its agents and employees are strictly considered to be independent contractors in their performance of the work contemplated hereunder. As such, the Contractor, its agents and employees shall not be entitled to any of the benefits, rights or privileges of County employees. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. VIII. STAFFING: Since this contract is a service agreement, staffing is of paramount importance. Contractor shall provide services using the following standards, as a minimum requirement: 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: 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. 2133 M.1.a 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 employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of 0. action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the 0. 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. U) The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided T for above. XII. DONATIONS AND GRANTS: 0 The Contractor shall issue receipts, keep appropriate records, and account separately for all donations and grants received by Contractor for the benefit of the pumpout service in Monroe County. Such donations or grants may be applied only to the operational mission within Monroe County unless there is documentation that the donor wanted the donation to be used for any purpose, whether in or out of the County boundaries. Susan In the case of donations solicited by third parties on behalf of the Contractor, the donating entity must make its financial records pertaining to the donated 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 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. 2134 M.1.a November 20,2012 equipment at any reasonable time. In addition, all operating supplies and any additional equipment such shall be the responsibility of the Contractor. XIV. CONTRACTOR'S ASSUMPTION OF PREMISES AND CONDITIONS: The Contractor hereby agrees that he has carefully examined the facilities and equipment provided by the County and has made investigations to fully satisfy himself that such facilities and/or equipment are suitable for this work and he assumes full responsibility therefor. The provisions of the Contract shall control any inconsistent provisions contained in the specifications. All specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. a� XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS: as U) The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and 0. equipment conveyed to, or provided for the use of, the Contractor. The Contractor shall maintain County dockage, or other facilities, and all equipment in a clean, safe and sanitary manner. XVI. NON-DISCRIMINATION: County and Contractor agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the 0 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. E 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. 2135 M.1.a November 20, 2012 timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to the Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to Contractor. In addition, the Contractor shall, at its expense, provide the County with an annual audit prepared by an independent Certified Public Accountant; said audit shall conform to generally accepted auditing standards and shall be submitted to the County within one hundred twenty (120) days following the close of the Contractor's fiscal year. The Contractor shall also allow the County to inspect the Contractor's facilities, equipment or vessels at any reasonable time. XVIII. PUBLIC RECORDS: 0. 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. 0- r- The passing, approval, and/or acceptance by the County of any defect in the services furnished by the U) 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 T 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 0 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. 2 ° XX. TERMINATION WITHOUT CAUSE: The County may tenninate this agreement without cause by providing the Contractor with written notice of termination at least thirty (30) days prior to the date of termination. Compensation shall be paid to Contractor through the end of provision of services or for the thirty (30) days, whichever is shorter. XXI. TERMINATION WITH CAUSE: The County may 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. 2136 M.1.a 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. U) 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 0. 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 CD 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 contract. XXIV. DISCLOSURE, CONFLICT OF INTEREST, AND CODE OF ETHICS: U) 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 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 to comply with the standards of conduct for public officers and employees as delineated in E Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of 0 gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. XXV. FINANCIAL RESPONSIBILITY: The Contractor shall not pledge the County's credit or 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. 2137 M.1.a November 20,2012 XXVI. NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: Monroe County Administrator and Growth Management Director and County Attorney 1100 Simonton Street 2798 Overseas Hwy. 1111 12"' St., Suite 408 Key West, FL 33040 Marathon, FL 33050 Key West, FL 33041 FOR CONTRACTOR: U) Donnie Brown, Pumpout USA 0. 1.150 Highway 83 North DeFuniak Springs, Florida 32433 XXVII. 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 U) to fulfill its obligations under this contract, nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. XXVIII. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES 0 This Agreement shall be governed by and construed in accordance with the laws of the State of Florida - applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 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: 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. 2138 M.1.a November 20,2012 XXX. AUTHORIZED SIGNATORY: The signatory for the Contractor, below, certifies and warrants that: (a) The Contractor's name in this agreement is its full name. (b) He or she is empowered to act and contract for Contractor. XXXI. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, .2 shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would 0. 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 a� g The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative U) 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. 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 c� Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 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. 2139 M.1.a 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 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, gift, or consideration. .2 XXXVII. NON-WAIVER OF IMMUNITY U) 0 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and 0. 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. XXXVIII. NON-RELIANCE BY NON-PARTIES U) U) No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or 0 entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. XXXIX. NO PERSONAL LIABILITY a No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of COUNTY in his or her individual capacity, and no member, E officer, agent or employee of COUNTY shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. XL. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 11 Packet Pg. 2140 M.1.a 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 Contractor shall furnish proof of insurance prior to execution of this Agreement by the County. Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage shall be considered a valid reason for County to terminate this Agreement. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. U) 0 If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self 0. insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR 0. may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance Program. If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. U) e 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, insurance as specified in any attached schedules, which are made part of this contract. The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached schedules. CONTRACTOR shall ensure that any and all sub-contractors maintain the same types and amounts of insurance required of CONTRACTOR. The COUNTY shall be 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 E pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. The CONTRACTOR shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance. 12 Packet Pg. 2141 M.1.a November 20,2012 The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: ® Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30) days prior notification is given to the .2 County by the insurer. U) 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. 0. 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 U) 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 T minimum: Insurance Requirement Re aired Limits 0 0 Worker's Compensation $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Recognizing that the work governed by this contract involves Maritime Operations (not to be associated wit Longshoremen's Insurance) , the Contractor's Workers' Compensation Insurance Policy shall include coveral 5 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. 2142 M.1.a 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 losses, claiming pollution or environmental impainnent, arising out of the services governed by this contract. 2 a� U) The minimum limits of liability shall be: 0 0. $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. a� Watercraft Liability $1 Million Combined Single Limit (CSL) A 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 Z • Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $1 Million Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. Monroe County and its Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 14 Packet Pg. 2143 M.1.a 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. INWITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. (SEAL) . Attest: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MO OE COUNT ' LOIDA By: By: Deputy Clerk ayor L'eorge eugent 91 cm MO OE COUNTY ATTORNEY A P �1 DASTOF RM U) U) PUMP TbSA, INC. Pu t' C� L) Y y• �- 0NESS ---A Print name: P Pant name and title: 0 By: 4 WITNESS Print name: �6�Nd,4 r a STATE OF ( l'& E COUNTY OF On this da of QV y _2 1 , before me the person whose name is subscribed above, and who produced {^ 41a identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. 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. 2144 M.1.a November 13,2012 LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Co parry) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in 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 employee." (Signs e Date: l/ Z r0 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me on �6 { (date) by 0 (name of affiant). He/She is personally known to r z me or has produced ,t r � �..�_ t_r.jz t r.p-#i �_. (type of identification) °E as identification, ` E NOTARY PUBL My Commission Expires: x 6 °a M", PEGGY A.THREADGILL }fplgry PubI1C • Stale of Florida My COnzin I xpirc5 APr •J 7t11 A Y 16 Packet Pg. 2145 M.1.a 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. Iqcn_._ &2Z &46 !7 _ of the firm of the bidder making the Proposal for the project described in the Request for Proposals for ® and that I executed the said proposal with full authority f6 do so; b. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 0 C. unless otherwise required by law, the prices which have been quoted in this bid have not 0. 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. ( i na ure) 0 Date: t 1Z STATE OF: ��/Qf'" COUNTY OF: L7zf Subscribed and sworn to (or affirmed) before me on (date) by �.1 C' ► �l IJ ; (name of affiant). .He/She is personally known to me or has produced c i $Lc c� 1x �. :t -0) (type of identification) as identification, rr nn Rf]G l ` ,��}YY PUOrJ; �LU�Y A.If�fiEAUlai{,� _'�;• �,"„ NOWY POlic Slate of Flo"" U NOTARY PUBLIC } ; My coE11E11 Fxpifes Apt 7 '01,3 :',€xE.�;; � GafnmissioEE ()[�ard<!OP 4t{ My Commission Expires: L I7 Packet Pg. 2146 M.1.a 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, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed: upon employees for drug abuse violations. > 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of 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. U) & 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 i th this firrp complies fully with the above requirements. / (SI nab�re) 0 Date:/ STATE OF: COUNTY OF: 11V�II Td Subscribed and sworn to (or affirmed) before me on �- r ri (date) by Y)Q5 Yl ( (4 x 6 tt#v r Y (name of affiant). HelShe is personally known to me or has produced r _i h" c�dV��.� ,�L � ��L to , �c. e- 0 -� _ _(type of identification) as gWiUti2n,, PEfGY A 7riRFR[?GILL e Notary P,iGllc- Stale ref Florida ^^•°�-------�—,�--fr---- �—•---:� '•'` ' " N©TARP PUBLIC My Comm F%pires Arai 7,?01 1 My Commission Expires: ( :`u. 1 t; Packet Pg. 2147 M.1.a 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 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 e '7—(Respondent's name) nor any Affiliate has been placed on the convicted vendor list within he I st 36 months. > U)CL {Si natu,r CL as Date-., r' STATE OF: � Le)&,o ,.„,,.. Us � � U) COUNTY Subscribed and sworn to(or affirmed) before me on ©�[ (date) by c� - t� (name of affiant). He/She is personally known to , me or has produced co ,� r a (type of identification) as identification. NOTARY PUBLIC My Commission Expires: „1i4111r •�4fpr"v®�y PEGGY A iF[iif ARGIL ' z t otaiv Public- state 01 Kloalda My Cnrnm FxPiios At" +'?,rt�ll,r:+, Cnurrwssiuii H 11) Packet Pg. 2148 M.1.a 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. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnit3 Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers 0 Compensation policy. 0 0. 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 U) If split limits are provided, the minimum limits acceptable shall be: $200,000 per person 0 $300,000 per occurrence .� $200,000 property damage 0 Pollution Liability $1 Million per Occurrence c 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 losses, claiming pollution or envirotunental impairmctit, arising out of the services governed by this contract. c 'rhe minimum Iitnits of liability shall be; $1 Million per Occurrence If coverage is provided on a claims made basis, an extended claims reporting period of one (1) year will be required, The Monroc County Board of County Commissioners shall be named as an Additional insured, 20 Packet Pg. 2149 M.1.a 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 endorsed to provide coverage for the legal liability of the shipowner. The mininturu limits acceptable shall be: $1 Million Combined Single Limit (CSI) U' 0 Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the 0. 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 U) appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any � litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of 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 employees, agents, respondents in any tier or other invitees, or(C) Respondent's default in respect of any of the 0 obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than 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 I expiration of the term of this Agreement or any earlier termination of this Agreement. E In the event the completion of the project(including the work of others) is delayed or suspended as a result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnify the E County from any and all increased expenses resulting from such delay. c in the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay, The first ten dollars ($10,00)of remuneration paid to the Respondent is for the indemnification provided for above, The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. RESPONDENT'S STATEMENT 21 Packet Pg. 2150 M.1.a 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 a� U) 0 CL CM CM CL U) U) A C 0 0 a C 0 Packet Pg. 2151 M.1.a EXHIBIT A Scope of Services For Mobile Vessel Pumpout Service Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of unincorporated Monroe County within the Florida Keys. The pumpout service is provided to reduce or eliminate environmental impacts associated with the illegal discharge of sewage from vessels, and further enable compliance with regulations of the federal No Discharge Zone and vessel restricted areas (i.e. Managed Anchoring Zones) in Monroe County. .2 The foIIowing sections describe the Scope of Work and Deliverables for the provision of mobile vessel pumpout service. 0. Section A: Scope of Work 1. Mobile Vessel Pumpout Service The Pumpout USA will provide mobile vessel pumpout service consisting of a minimum of six marine pumpout vessels to service (i.e. pumpout) vessels located in the U) 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 T 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 trailerable to locate to other service areas, as needed. 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 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 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. 2152 M.1.a 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 perform such services. Pumpout USA personnel shall not be employees of or have any contractual relationship with the County. U) The Contractor will provide vessel operators and a Project Manager .that has extensive experience and training in the pumpout industry. 0. 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 Managed Anchoring Zones, and to assist in identifying derelict vessels and vessels exhibiting pre-derelict conditions (as described in the County anchoring ordinance). The Pumpout Vessel Operators are employees of the contractor and duties are: ® Operate pumpout vessel on a weekly schedule within their designated service _ areas. ® Maintain a supply of identification decals and orange pumpout flags. Maintain a written daily log identifying date, miles traveled, pumpouts performed, gallons pumped from each vessel, and fuel purchased with receipt for reporting and reimbursement purposes. 3. Registration of Customers Registration forms for participation in the program will be made available online through the Pumpout USA website. Additionally, registration forms will be made available at various sporting-goods retailers, the Monroe County Marine Resources Office, various marinas, and directly from pumpout vessel operators in the service areas. Registration to participate in the program is free for recreational vessels. The participant submits his/her registration information, which will be entered into the service schedule. Upon the first visit by the pumpout vessel the pumpout vessel operator will affix the identification decal to the bow of the vessel (adjacent to the state vessel registration decal location), and attach the orange service banner to the bow rail. Packet Pg. 2153 M.1.a 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, 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 U) and the impacts of sewage discharge into the environment. These materials will be made available online through the Pumpout USA website and distributed to participating marinas, local sporting goods merchants, Monroe County Offices, and FWC where they can be accessed by vessel owners and be distributed by FWC and pumpout vessel operators. The Project Manager (or his/her designee) will also participate in, and promote clean water through this pumpout service at public gatherings, marina meetings, Fishing Clubs, g Civic Organization Meetings, Secondary Education Science Classes, etc. 5. Coordination with Coun staff and FWC Pumpout USA will identify to the FWC any derelict vessels or pre-derelict condition vessels, as well as anchored vessels that are not participating in the program or requesting 0 pumpouts. Each pumpout vessel operator will give special attention to vessels in Managed Anchoring Zones and will communicate daily to the Project Manager for FWC reporting. Section B: Deliverables 1, Monthly Pumpout Logs E 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. 2154 M.1.a 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- Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each quarter's payment, as stipulated in the contract. The invoice cost (as described in the contract) will be based on a per unit rate. a� U) 0 0. U) U) A C 0 0 LL C 0 Packet Pg. 2155 M.1.a .Ap c >( 76 s 41- a " t CL Ra g ® n G8 Mn RCN ■1® 3 E mb ti u a � r •ffi e Packet Pg. 2156 fr�cnl M.1.a tom` 3 b •c � J ��}, .✓ rs y r i = a U 4� g�yy 4 m lCi L as a r rn a \ � LL d G QI N i i3 ` 4 K to ca F 4 ` N � - Y Packet Pg. 2157 6 1111 -� M.1.a m P. Y 5 .0 V O rn U x Q J LO .F c 4 } cm Cl) cm r CL a o cnf o � � a F� o ,n Packet Pg. 2158 M.1.a L- co Im rL O C � U � C '3 a t !_ L cm G Octrx c� _ Avg O U f 4 0 ti t D '�•� t :. f7 L, P = _ J Packet Pg. 2159 M.1.a 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.ertifcate-Tea Acentria, Inc-Ft. Myers Office -PHONE-I E 4091 Colonial Blvd tAlc.No. -939-1 Q10 _ talc NoI;29 939-71.-Z-2_ Fort Myers FL 33966 E-MAIL RESS: {ntim h . --INSURER(S�FFORRING COVERAGE---.--.....-----�.._......NAICINSURED R..—..... .-- PUMPUSA-Q1----------- WSURERe: PUMPOUTU.S.A., INC INSURERC: I 1150 NVUY 83 N INSURER D De Funiak Springs FL 32433 _-- INSURER E: 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 91 CERTIFICATE MAY HE 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. :'At]Y9L�SU8R� ..__ _ __POLICY EFF r POLICY E%P-.' -- ----._. .--- - 91 TYPE OF INSURANCE 'INSR 1 WVD Pot€CY NUMBER MMlDDlYYYY MM1DDlYYYY LIMIT'S A GENERAL LIAelLITY Y EY jZOL1AT73778 12/18/2012 l211812013 4- -, I, EACH OCCURRENCE_ L81_000,000 _ °® X I _PREM S_E_Sa cu�nce� €S100,000 CO_MMERCIAL GENERAL LIABILITY of j CLA€MS-MARE jX J OCCUR ' CD — I MED EXP(Any one person) $1 D,0D0 IX 3 Marine L€ab i PERSONAL&ADV INJURY 51 000 000 i _ I GENERAL AGGREGATE 52 000,000 GEN'L AGGREGATE LIMIT APPLIES PER € I PROpUCTS-COMPIOP AGG 1$2,000 000 _._ - PRO- --- -----... -- ✓- _ X ! POLICY IFCTLOC i $ AUTOMOBILE LIABILITY _(Ea_accident�_ 5 _ i ANY AUTO BODILY INJURY(Per person) 5 - ALL OWNED 1 -I SCHEDULED €I ^2 E BODILY INJURY mm } I AUTOS 1 _€AUTOS -- (Per accident 5 ey NON-OWNED 3 \ HIRED AUTOS AUTOS i - j `t i I PROPERTY DAMAGE -I 8 - - - �,(p accfd nt UMBRELLA LIAR I p 0 I OCCUR EACH OCCURRENCE I $ I EXCESS LIAR ! `CLAIMS-MADE ? AGGREGATE 111 S DED RETENTIONS 5 VVDRKERS COMPENSATION f VVC STATI OTH I AND EMPLOYERS'LIABILITY YIN ;I ___ QRY.LI�111T;5 1 _ II-ER I ....... .__ ..._ ANYPROPR€ETORIPARTNERIEXECUT€VE I I E.L.EACH ACCIDENT ( ry I ...... OFFICEWMEMSEREXCLUDED9 NIA It yesadescnbe under EL DISEASE. ....---'--- '-----_..... ......._. .. DESCRIPTION OF OPERAT€ONS below ! ' ' E.L.DISEASE-POL€CY LIMIT . $ , q ;Vessel L'€€ability i Y Y SM00000582 12/18/2012 �1211812013 (Vessel Liab 1,000.000 Pollution Ctabjlity ( iMedical 5,OOD I I � DESCR€PTION OF OPERAT€DNS I LOCATIONS I VEHICLES lAttaeh ACORD 101,Addilional Remarks Schedule,it mom spec*is required) Cert holder is afforded additional insured coverage with regards to Marine and Vessel liability CERTIFICATE HOLDER CANCELLATION 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. 2160 M.1.a -'� PUMPOUT-01 _ MARTIN p g �+ p �+ UATE(I111YYYYI 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 end_orsement(s). PRODUCER -ICONTACT NAME: Acentria,Inc-Destin Office PHONE 4634 Guifstarr Drive _na : $5Q)650-1950 -Ex A 850 650 9288 Destin,FL 32541 ADDRESS; INSURERIS}AFFORDING COVERAGE NAIC N INSURER A:Technology Insurance Company,Inc. 42376 INSURED INSURER B: Pump Out USA INSURER C: 1150 Hwy 83 North INSURER 0: O De Funiak Springs, FL 32433 INSURER E: INSURER F: U) COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: O THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD 91 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 91 WSR TYPE OF INSURANCE LTft N WVO POLICY NUMBER AMTSUM MMIpDYlYYYY MMIODlYYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES C MISES Ea occurrence S CD � CLAIMS-MADE OCCUR MED EXP{Any one person) S PERSONAL&ADV INJURY S GENERAL AGGREGATE $ U) GEN'L AGGREGATE LIMIT APPLIES PER F PRODUCTS-COMPIOP AGG S i ( { POLICY PRO- LOC AUTOMOBILE LIABILITY I COMBINED E dent SINGLE LIMI Ea ac S ANY AUTO BODILY INJURY(Per person) $ ALL OWNED r SCHEDULED AUTOS AUTOS BODILY INJURY(Peramdenl} $ HIRED AUTOS NON-OWNED AUTOS PER ACCIDENT A E $ 0 UMBRELLA LIAR HIOCCIUR EACH OCCURRENCE S M EXCESS LIAR CLAIMS-MADE AGGREGATE g DEi� RETENTION$ S WDRKERS COMPENSATION WC STATU- CTH- AND EMPLOYERS'LIABILITY YIN X I TORY LIMITS x ER A ANY PROPRIETORIPARTNERIEXECUTIVE x TWC3336203 110112/2012 10/12/2013 'c,L.EACH ACCIDENT y 1,000,000 OFFICERIMEMBER EXCLUDED? NIA _ (Mandatory In NH) £L,DISEASE-EA EMPLOYEE S 1,000,000 Ii yes,describe under , DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT S 1,000,000 i O --I DESCRIPTION OF OPERATIONS LOCATIONS!VEHICLES(Attach ACORD tot,Additional Remarks Schedule,€f more space Ig required) 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. 2161 M.1.b ��G c°fir Kevin Madok, CPA a ' Im M� v 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. as SUBJECT: June 19'BOCC Meetings as U) Attached is an electronic copy of the following item for your handling: 0. T4 10th Amendment to the Agreement between Monroe County and Pumpout USA, Inc. 0. 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 c 30, 2020. 2 U) Should you have any questions,please feel free to contact me at (305) 292-3550. U) A d a. 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 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 2162 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: 2 a 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 0. 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 2 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 0 a� 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 o WHEREAS, Amendment No. 2 to the Agreement was approved on July 17,2013, to E 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 M extend the Agreement through January 31, 2015; and IL 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 1 of 22 Packet Pg. 2163 M.1.b 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 it the annual cost to $875,760, and reflecting the specific funding sources and levels provided directly 0 to the County from the State, including a $500,000 legislative appropriation and $180,000 in CVA grant funding; and o0. 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 r_ 0 WHEREAS, in 2019 the State provided a legislative appropriation of $750,000 to the U) 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 0 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; a. NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties have entered into this Amendment No. 10 as follows: c 2 of 22 Packet Pg. 2164 M.1.b 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 0. 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 U) 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. e 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 (n comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. IL 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. 3 of 22 Packet Pg. 2165 M.1.b 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. U) Article 3.0 Amount of Compensation and Availability of Funds. 0. 3.1 The CONTRACTOR shall not charge customers of the pumpout service for the services 0. 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 g DOLLARS and Eighty-Eight CENTS ($1,021,719.88) for one year, based on a quota of 1,800 U) 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. CD 17 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. a. If funds from FDEP or other sources cannot be obtained or cannot be continued at a level sufficient E 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 4 of 22 1Packet Pg. 2166 M.1.b 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 0. above, and keep a list of receipts/invoices for expenditures, defined as allowable in accordance with 0. 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 U) payment amount requested, and supporting documentation. A Annually, the CONTRACTOR must furnish to the County the following (prior to the payment of CD any invoices, items fA)through M must be provided): 17 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. 5 of 22 Packet Pg. 2167 M.1.b 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. 0 0. 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. U) 6.1.2 Failure to maintain coverage shall be considered a valid reason for the County to terminate this Contract. d 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 6 of 22 Packet Pg. 2168 M.1.b 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. . U) 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 0. 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: U) U) 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. IL 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 7 of 22 Packet Pg. 2169 M.1.b $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: U) • $1 million per Occurrence 0. 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) U) U) 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: d • 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: a. $1 million Combined Single Limit (CSL) E 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: S of 22 Packet Pg. 2170 M.1.b • 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. U) 0 6.2.6 If the CONTRACTOR has been approved by the Florida Department of Labor as an 0. 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 CD 17 limits prescribed above, and to any increased limits of the CONTRACTOR if so required by the d 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 E 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. (n 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. 9 of 22 Packet Pg. 2171 M.1.b 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. U) 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 0. 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 U) 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 CD C deficiencies or ambiguity in the plans and specifications provided by the COUNTY or 17 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 IL 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 e 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 10 of 22 Packet Pg. 2172 M.1.b 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 it sufficiency for the work to be done. Under no circumstances, conditions. or situations, shall this 0 Agreement be more strongly construed against the County than against the CONTRACTOR. 0. Article 12. Maintenance, Improvements, and Capital Assets. The CONTRACTOR shall be 0. 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 g County of any defect in the services furnished by the CONTRACTOR, shall not operate as a waiver U) 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. CD 17 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 0 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. E 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. 11 of 22 Packet Pg. 2173 M.1.b 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 e0. 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. U) 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: 12 of 22 Packet Pg. 2174 M.1.b 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. U) 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 a COUNTY shall immediately notify the CONTRACTOR of the request, and the CD 17 CONTRACTOR must provide the records to the COUNTY or allow the records to be d 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. 13 of 22 Packet Pg. 2175 M.1.b 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 0 in any manner with the performance of services required by this Agreement, as provided in Section 112.3I 1, et. seq., Florida Statutes. e0. 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 U) 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. d 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 Attorneya. 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. 14 of 22 Packet Pg. 2176 M.1.b 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 it COUNTY and consistent with the Contract, which approval shall be subject to such 0 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 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 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. g contractual or otherwise, with or any rights in favor of, any third party. U) 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 15 of 22 1Packet Pg. 2177 M.1.b 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 it solicitations shall be approved by each party prior to submission. 0 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 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 0 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: 0. 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 E 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, 16 of 22 Packet Pg. 2178 M.1.b 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. 2 a U) 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 0. 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: 2 23.2.1 Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all U) 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 0 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 17 of 22 Packet Pg. 2179 M.1.b 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 0. Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any 0. 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. U) 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 0 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 IL 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 E 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. 18 of 22 Packet Pg. 2180 M.1.b 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. it 23.3.2 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify 0 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 0. 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: 2 Section 216, Public Law 81-516 (33 U.S.C. Section 701b); g a� Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334; and T • 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. d 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' E 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. 19 of 22 Packet Pg. 2181 M.1.b 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 it benefits under this Contract separate and apart, inferior to, or superior to the community in general 0 or for the purposes contemplated in this Contract. 0 0. 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 0 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 IL 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 Packet Pg. 2182 M.1.b 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 0. 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 lv warrants that: U) U) (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_ a. 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 E 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. 21 of 22 Packet Pg. 2183 M.1.b BOARD OF COUNTY COMMISSIONERS •�`�� ADOK, CLERK MONROE COUNTY Deputy Clerk Mayoritylvi,66. Murphy .2 By: U.S CVM Signature: itness;(Trint ame) onnie Brown 0 CL B . On behalf of. Pumnout USA, Inc. CL Witnessgnature) CD MONROE COUNTY ATTORNEY APPROVED AS TO FORM ��-- U) U) STATE OF PETER MORRIS ASSISTANT CO NTY ATTORNEY COUNTY OF Date:mate: -I .rll it - d The foregoing instrument was acknowledged and attested before me this 05 day of u-r �n a2019, byjrc, �'.- �c«,*�c� ,who is personally known to me or produced \c��c ._'nrc�x s L. terse as proof of identification and did take an oath. (n Notary -PubTic Seal � MWACox Notary Pudlo,We of Florida C)M cu Commix W#GG 221164 0-1 704104 N �^ W oWn.expires Jar 1 f,2Q22 s��! ' 1 ace Qc c� Print Name co 22 of 22 Packet Pg. 2184 M.1.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 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 e0. vessel pumpout service. Section A: Scope of Work 1. Mobile Vessel Pumpout Service e 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. a 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 a. 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 E 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. 2185 M.1.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 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 0. such systems, and to retain on-site or reasonably nearby spare parts for such systems to 0. 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 g routine pumpout service (see "Registration of Customers" below), which shall assist in U) 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. d 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. 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 a. 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 E 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; 2of5 Packet Pg. 2186 M.1.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 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 U) performed, gallons pumped from each vessel, and fuel purchased with receipt for 0. 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 d 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 E 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 Packet Pg. 2187 M.1.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 0. 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 2 of sewage pumped out, and the number of individual vessels pumped out. U) U) 2. Quarterly Reports Pumpout USA shall submit signed and dated Quarterly Reports clearly indicating the: Q • Number of pumpouts performed by service area including: ate. actual number of 17 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 0 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 �s 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 Packet Pg. 2188 M.1.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, 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 U) Pumpout USA shall submit a signed invoice on Pumpout USA letterhead for each 0. 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. d (s a. 5 of 5 Packet Pg. 2189 .................... ............... ----------- 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 ADDITIONAL- - —INSURED,the polley(les)must be endorsed. If SUBROGATION----- 13 WAIVED,sub)ect to the terms and conditions of the policy,certain Policies may require an endorsemenL A statement on this certificate dam not confer rights to the --tWHftMft holder In III of such endorsementla). RMDI Chart Branch &Branch Ins 9 12443 San jose Blvd I!ft Jacksonville, F1 32223 IIRS Q 2L)% E NAlcr INSURED ;UREIR A., Mercury Ins 03526 PUMPOut USA MSURM 0: 1150 State Highway 83 RMURER:C; Defuniak Springs,F1 32433 1I=RERD- COVERAGES CERTIFICATE NUMBER: U) REVISION NUMBER: —THIS li'�"EER-nFY—THAT-rHEP0661 �jINSURANCE-"—USTED—HELG—WH"'I BEEN ED TO THE IN NAMED ABOVE FOR—THE P&16 PERIOD 0 INDICATED. NOTVMSTANOINIG ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT To voI THIS 91 CER71RCATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT To ALL THE TERMS, E EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSURANCE ....... COMMUl GENERAL LIABI Lum CL MS-MADE OCCUR ................................1 ............................ .......... ...................... 9ENt A00REGATE III APPUI PER: PEPWRA61.116ADVINJil S ....................... ............................................... POLICY .. .mm 0 .... AUTOMBILELABILTy ---- U) 1,000 coo AAll ALL OVI AVMS HIRED AUll �X BA09000011766 02/28/19 02/28120 BODILY INJURY(Per sizielvd) S ow","0001......... ED AUMS 1;oo" PIP ...... 10000 0 EACH S z EX IJAZ T- Till 5 VWAC3*RHKMM R2 AND EWLCMEW UABjLny 'a YSM ANY PR0Mffr1DWARTNER&jBWTM DA1'E-- j-1-L"A", (Mmillial in il MIA S OFPCMIREMBER EXMUDED? 0 ff d..&@ IN E UOINeweg—g—Eg. < FL D's4—Fi POLCY UW M 0 DESCRIPTION GFOMA70USILI)CATIONsiVEHICLES 1AC0RD1M,AdWanm1P4mmft3cr&duKj (L E CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County CommissionersT14E EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1140 Simonton St Rm 2268 ACCORDANCE Ms, Key West, F133040 AMID CORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Packet Pg. 2190 M.1.b ACODATE(MWDDIYYTII LIABILITY 11 I 171 019 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 W1; 616-975-3500 Fac,Nei: Fax616-975-067( 3940 Peninsular Drive SE Suite 100 £-MAIL 4" 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: 0 INSURER E: 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 O INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS 91 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. 91 INSR .. ... .... ... .. ..... .. LTA TYPE 0FINSURIANCE WVD POLICY NUMBER MM DDIVwa ErrMMIO� LIMITS (ABILITY UM00046315MA18A 121181201812/18/2019 0 . 00 �. EACH OCT ERar 7�'°m S 1 g000 000 COMMERCIAL MCLAIMI�SAVOE£[x ]OCCUR PREMISFs, 100,00 10,000 ...• MEe�ExPlar��k'er�t� ? $ .. . ._ ,_ �.. PERSONAL A ADV INJURY $ 1,000,000 O GEN1 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATEGA 5 . ,., 2,aao,000 °� PRc�. LIAB° POLLUTION IP . $ _ POLICYLOC XLM00000217 12118120181211812019 _A .x.. OTHER�POLLUTION 1,000,000 U) AUTOMOBILELIABILITY $ Eaa "►..�� �.....�.�.M.��........................................................................................................................................... ANY AUTO BODILY INJURY(Per p9rsan $ AUTOSOWNE ONLY AUTOSCHES BODILY BODILY INJURY&Per eccadenly..5 ERT! ................................................................. AUTOS ONLY AUTOS ONLY O F C7I DAMAGE 3 . HIRED NONdFVVhIEO i � QPsr sa n!�A UMBRELLA LIAR B ISK $ EXCESS LlA e OCCUR IMSMAOE' gY Q;"aRECiATE OCCURRENCE .... ..,. 7. 1 DIED RETENTION $ WORKE AWPROdMEMBEREXRTNE IEX N f A 6 5TA39JT£ �, ER ANYPRr,OR3 CEOM�PENSANERd£XECiIJ'rOVE AND EMPLOYERS'LIABILITY YIN (Mandatory In NH) E.L.DISEASE EA EMPLOYEE $ Ors, SCRIPTION OF OPERATIONS bedew E,L.DISEASE-POLIC Y LIMIT $ 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 Packet Pg. 2191 M.1.b 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 as 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.. 0 mm...........mm........................... Type of Insurance Policy Number Policy Policy Limits Effective Expiration ...............................................................................................................................................................................................................................................................................................................,.._................................................................................................. ....................................................................... COMMERCIAL VESSEL LIABILITY XLM0000217 12/1V2018 1211812019 1,000,000 LIABILITY DEDUCTIBLE XLM0000217 12/1812018 1211812019 1 500 .......... .....mm.................mm......................................................... mm.... L......__ 1218��019 . MEDICAL PAYMENTS XL 5,000 .. mm DESCRIPTION: 2006 23' Pump Out USA Per Schedule See Schedule U) U) L.............................................................................................................,,..............................................................................................................................,..mm..mm............................................................................................................................. .................................................................................................................. c� CANCELLATION: � SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED BELOW,BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES„ ADDITIONAL INSURED: Form CL-T Rev 1/20116 Monroe County Board of County Commissioners 1 100 Simonton Street,Room 2268 Key West,FL 33040 cos Authorized Agent: Date: October 25, 2018 A1S' MEW sy 7 ir DX WAN1cA W YES Packet Pg. 2192 2030 Comprehensive Plan Policy 202.3.1 Within one (1) year after the adoption of the 2030 Comprehensive Plan, Monroe County shall adopt and maintain regulations pertaining to docked or moored to land live-aboard vessels which: 1. prohibit living on board vessels and floating structures of any type except at marine facilities, including marinas, and within commercial fishing areas and commercial fishing special districts, with fixed pump-out facilities; and 2. require that new and existing marine facilities, including marinas, with ten slips or more, or one live-aboard slip, provide a fixed pump-out station; and .2 3. require all marinas, regardless of size, to provide signage conspicuously posted at dockage sites educating the live-aboard public about the importance of pumping out and giving clear directions to the nearest pump-out stations. [F.S. § 163.3177(6)d.2.b., e.] 0 0. E Policy 202.3.2 Existing marine facilities,including marinas,which do not have an on-site pumpout station, as identified through the Monroe County Marine Facility Survey or other best available data sources, shall be notified 2 in writing of the requirements for on-site pumpout facilities and signage (and any available funding 0 2 assistance, such as the DEP Clean Vessel Act grant program)within 18 months after the adoption of the 2030 Comprehensive Plan. Such marine facilities and marinas shall have 12 months from the written notification to provide an on-site pumpout station and associated signage. All marine facilities and a marinas which are required to provide on-site pumpout stations are required to keep those pumpout stations operational, and ensure that pumpout service is available to the patrons of those marine facilities and marinas. E 0 U E Packet Pg. 2193 Land Development Code Sec. 118-16. -Marina Pumpout Requirement. (a) New marinas. New marinas and marine facilities with ten slips or more, or one live- aboard slip, shall provide a fixed pumpout station. (b) Signage. All marinas, regardless of size, shall provide signage conspicuously posted at dockage sites educating the live-aboard public about the importance of pumping out and giving clear directions to the nearest pumpout stations. .2 (c) Existing facilities. Existing marinas and marine facilities that do not have an on-site pumpout station, as identified through the Monroe County Marine Facility Survey or U) other best available data sources, shall be notified in writing of the requirements for on- 0 site pumpout facilities and signage (and any available funding assistance, such as the E DEP Clean Vessel Act grant program) within 18 months after the adoption this Land Development Code. Such marinas and marine facilities shall have 12 months from the written notification to provide an on-site pumpout station and associated signage. All marine facilities and marinas that are required to provide on-site pumpout stations shall keep those pumpout stations operational, and ensure that pumpout service is available to the patrons of those marine facilities and marinas. .2 A 0 E 0. .2 Packet Pg. 2194 M.1.e E Sub-Area Anchor-Outs Marinas Behind Houses Condo Slips Upper Keys 203 522 65 2 ......... Middle Keys I � 0 � I 295 9,1,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4 Lower Keys I 578 ( 339 11 ( 0 ,,,,,,,,,,,—,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,',,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,—,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Totall 781 ( 1156 f 167 ( 6 37% 55% 8% 0.3% a U) 0 0. U) U) A C 0 Packet Pg. 2195 M.1.f Exchange of Services Information The Contractor, in the development of the Service over the years, has identified a number of marinas where the facility provides for sewage offloading in exchange for the Contractor providing pumpout service to all or part of the marina slips (see Table below). This `exchange of services' has been critical in providing the infrastructure necessary for the Contractor to provide effective pumpout service throughout their daily routes. There are approximately eight marinas, located strategically throughout the Keys, that have pumpout facilities and provide for sewage offloading for the Service. a U) Upper Keys 0 CL Manatee Bay Club Cross Key Pilot House Marina Oceanside CL Post Card Inn Oceanside Worldwide Sportsman Bayside Angler House Marina Bayside Middle Keys none Lower Keys NAS Boca Chica Oceanside Key West Yacht Harbor Marina Oceanside .2 Stock Island Marina Village Oceanside E 0 4- U) 0 a 4- 0 0 x Packet Pg. 2196 Bulpie6w uoissn3si(]) welsAs Inodwnd paqwnid qjIm eupew le suoiled-Isenbei qjdwBx3 :juqW43BjjV F-I CL m CL a cL OJ OJ > E E u aj > vi 0 ins CL u Cc C: M, 7 1 cr 0 M (1) 25 m E Ck x W W c �F CL W E o U-) zn D 0 as ©. > > cu > aj 2 2 E EL u E mo a) A cu —M > !Z 2 o 0 u m co 0 D t o &0 mM Ln 0 CL 0 E u 0 m Q) C: > m 'Z- CL 'D CU CL V) v m u o 0 0 10, UM u m uVrLU u) � its V) FU M UO m E Ld :E W, �_; 'S� m o m Gd Ln -0 , -1 �o ro Ln E Ln CO, ro L) cD -1 E < < V) -0 -m o 0- c . 0 MO m C� a, ru o -0 < > 00 0 C,4 m 0 n Qm, 00 u 0 E r'j x: E 0 car, LI) W 2 - 0 V) rq rt 00 > u c > C, Qj 0) Q72 0 CL z 00 IQ, Qj 0) Ln LL rr,4 om Ln Buipje6e.i uoissn3si(]) welsAs Inodwnd paqwnid qjIm eupew le suoiled-Isenbei eldwBx3 :jU8W43BjjV co N 6 CL m CL c tll .2 W CO kn U > Q) C�4 u u o > -0 E 16 = CL ti E E. fz. 7-5 0 M Q Ln 19> CU M zz 0 E A 0 > E 0 A E tw C4 o cn cc. y 'n > m (Ni a Cl) 0 0 2 =3 0 o L>S B t06 ro E CL D 0 J CD 0 'n c- 00 oc 17 m cc OJ z u 3� Z; 2 �',V� :� r� ") > CO Qj = Y < U 0 IL 00 00 " 0 0 u LA Z5 CO 00 a) as E �= C) .4 CD 0 0 f-, = �c u kn i.- Ln m Y- Ln r14 Buipje6e.i uoissn3si(]) welsAs Inodwnd paqwnid qjIm eupew le suoiled-Isenbei eldwex3 :juqW43ejjv cn CL m CL as as 71 71 CIS an ro tw ai fn, Qj 0 a) m "m (U 'o aj A E- > 0 o y A E 0 0 E 2i > r4 u 0 0 :4 w E -1 0 a, j5 > a CD -_; -!� 1-1 0 0) r� @ 0 um > v CPA u a) _6 �u m 0 o co -a E E 6 —m bl)tf� D Ln -C 0 r bt, Ll E ou m CL u oc VI C4 > bl" E 12