Item H3 BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: December 10, 2014 Division: Growth Management
Bulk Item: Yes X No Department: Marine Resources Office
Staff Contact Person/Phone #: Richard Jones/289-2805
AGENDA ITEM WORDING: Approval of Amendment No. 3 to the Agreement between Monroe
County (County) and Pumpout USA, Inc. (Contractor) for Keys-Wide Mobile Vessel Pumpout Service
which is scheduled to expire December 31, 2014, to: 1) extend the Agreement for one month through
January 31, 2015, coinciding with the expiration of the DEP Clean Vessel Act grant agreement
between CVA and Pumpout USA, 2) provide for a payment to Pumpout USA for the one month of
service in the amount of $27,435.27, and 3) require invoicing documentation as described in the
Agreement, except that the documentation shall reference one month of service rather than one quarter.
ITEM BACKGROUND: The Board approved an Agreement with Pumpout USA on December 12,
2012 (attached), to provide Keys-wide mobile vessel purnpout service in the unincorporated areas of
the Florida Keys, As staff described at the September 17, 2014, BOCC meeting, tile County
Agreement expires December 31, 2014. At that time staff indicated that it would come back to the
Board with an amendment to the Agreement to extend the service for two additional. years, as provided
f"or in the Agreement.
As described in the Agreement, tile Contractor is required to secure sufficient funding from the CVA
Program to help defray the total cost of the service to the County. The CVA Program has granted
$539,748 (1" year) and $436,752 (2"d year) over the past two years of operation to the Contractor. '['he
Current funding cycle with CVA ends January 31, 2015, and the Contractor is applying for funding; for
the next funding cycle. However, recent communications by Marine Resources staff with the CVA
Administrator indicate that the current funding level to the Contractor may be cut in half in the next
year due to an increase in grant applications and a potential shift in funding from operational costs to
equipment costs. Based on the concern of inadequate funding from CVA, the BOCC at its November
18, 2014, meeting approved sending a letter to the CVA Program requesting that CVA provide
sufficient funding for the program over the next year otherwise the pumpout program may be at risk of
being discontinued.
Based oil the current County Agreement expiring December 31, 2014, and the need to identify the
funding level which will be awarded by CVA to the Contractor, staff has provided Amendment No. 3
to the Agreement 1) extending the service for one additional month, through January 31, 2015,
coinciding with the expiration of the current CVA grant, 2) providing for payment to Pumpout USA
for one month of service in the amount of$27,435.27 (based on the cost of$329,223.35 in the second
year of service), and 3) requiring invoicing documentation as described in the Agreement, except that
the documentation shall reference one month of service rather than one quarter. Staff will continue
coordinating with the Contractor and CVA, to determine if sufficient funding will be awarded by
CVA. If sufficient funding is provided, Staff anticipates returning to the Board at its January 2015
meeting to amend the Agreement to extend the service for an additional two year term.
PREVIOUS RELEVANT BOCC ACTION:
December 2012- Approval of Agreement with Pumpout USA
March 2013- Amendment No. 1 to the Agreement with Pumpout USA
July 2013- Amendment No. 2 to the Agreement with Pumpout USA
September 2014- Direction to amend the Agreement extending service for two additional years
November 2014- Direction to send a letter to CVA requesting sufficient funding to the Contractor
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
Approval of Amendment No. 3
TOTAL COST: $27,435.27 INDIRECT COST: BUDGETED: Yes X No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:— $27135.27 SOURCE OF FUNDS: BIF Fund 157- 62613
REVENUE PRODUCING: Yes No X MOUNT PER MONTH $27,435.27 - Year nZa
X _A/PurcAl/ng X Risk ManagerneXil '-�'-"
APPROVED BY: County Atty— �Ihj 0
DOCUMENTATION: Included X Not Required.,--
DISPOSITION: AGENDA ITEM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Pumpout USA, Inc. Contract #
Effective Date: 1/1/2015
Expiration Date: 1/31/2015
Conti-act Purpose/Description:
Approval of Amendment No. 3 to the Agreement between Monroe County and Pumpout
USA, Inc. for Keys-Wide Mobile Vessel Pumpout Service which is scheduled to expire on
December 31, 2014, to: 1) extend the Agreement for one month through January 31, 2015,
coinciding with the expiration of the DEP Clean Vessel Act grant agreement between CVA and
Pumpout USA, 2) provide for a payment to Purnpout USA in the amount of$27,435.27, and 3)
require invoicing documentation as described in the Agreement, except that the documentation
shall reference one month of service rather than one quarter,
Contract Manager: Richard Jones 2805 Growth Management/II
(Name) (Ext.) (Department/Stop 9)
for B OCC meeting on 12/10/2014 Agenda Deadline: 11/21/2014
CONTRACT COSTS
Total Dollar Value of Contract: $ 27,435.27 Current Year Portion: $ 27,435.27
Budgeted'? Yes® No F-1 Account Codes: 157-62613-530340-
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes[-] No[]
Risk Management ��JYCSF] NoFj- I-s-L01 L11—
O.M.B./Purchasing ti AD 14 YesE No[d 4e
U
County Attorney Yes[:] No�/ sto—
Comments:
AMENDMENT NO. 3 TO AGREEMENT
BETWEEN PUMPOUT IJSA, INC.
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO. 3 TO AGREEMENT is made and, entered into this 10th day of
December, 2014, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or
"BOCC") and Pumpout USA, Inc,, a for profit corporation of the State of Florida(hereinafter"Contractor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys-wide
mobile vessel purnpout service for two years, including a quota of 1.300 purnpouts per month at a cost of
$21,81 per purnpout based on an annual cost in the first year of service of$340,200.85; and
WHEREAS, the County established the purnpout program initially as a free service to customers in
order to optimize utilization of the service and gain compliance with existing No Discharge Zone regulations;
and
WHEREAS, Amendment No. I to the Agreement was approved on March 20, 2013 providing for
deletion of Section X11. Donations and Grants, and inclusion of Attachment H- Conti-act Provisions and
Attachment I- Contract Regulations to conform with requirements of the Florida Department of
Environmental Protection (DEP); and
WHEREAS, Amendment No. 2 to the Agreement was approved on July 17, 2013, to eliminate the
pumpout quota and per pumpout cost due to a slow startup of set-vice, and allow for full quarterly payments
to be made to the Contractor., and
WHEREAS, the Agreement expires December 31, 2014; and
WHEREAS, the County recognizes the public benefit of continuing to provide mobile vessel
pumpout service; and
WHEREAS, the Agreement requires sufficient funding from the DIP Clean Vessel Act (CVA)
Program to the Contractor to help defray the total cost of the service; and
WHEREAS, the Conti-actor's current funding agreement with CVA expires January 31, 2015, and
CVA staff has indicated a potential reduction in funding for the next funding cycle to the Contractor frorn
$436,752 to approximately $200,000 and such a reduction in funding may put the pumpout program at risk
of being discontinued; and
WHEREAS, the BOCC on November 18, 2014, approved sending a letter to the CVA Program
asking that sufficient funding be awarded to the Contractor to allow the pumpout program to continue; and
WHEREAS, in the interim period during which CVA considers the award amount to Puinpout USA
for the next funding cycle, the County desires to extend the Agreement to provide service for one month,
expiring January 31, 2015, which will ensure temporary continuation of the pumpout service and payment to
the Contractor from both the County and CVA; and
WHEREAS, based on sufficient award of funding by CVA to Pumpotit USA for the next ftinding
cycle, the County anticipates considering Amendment No. 4 to the Agreement to extend set-vice for an
additional two year period at the January 2015 BOCC meeting;
I
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree
as follows:
L The Agreement is extended for one month, with the term beginning January 1, 2015, and ending
January 31, 2015.
2, Provide for a payment to the Contractor of$27,4 35.27.
3. Require invoicing documentation as described in the Agreement, except that the documentation shall
reference one month of service rather than one quarter.
4. The remaining provisions of the Agreement originally dated December 12, 2012, and Amendments
No. I and No. 2 to the Agreement not inconsistent herewith,remain in full force and effect.
IN WITNESS WHEREOF,the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: AMY IIEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Deputy Clerk Mayor Danny L. Kolhage
WITNl SES: PIJMPOLJT USA, INC.
I By:
Print Name: Print Name:
2. Title:
Print Name:
,A
A To pop S
STATE OF BY
COUNTY OF
On this day of 201.,.,_,, before me the person whose name is subscribed
above, and who produced as identification, acknowledged that he/she is the
person who executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires: Seal
2
November 20,2012
AGREEMENT
for
KEYS-WIDE, MOBILE VESSEL PUMPOUTSERVICE
between
MONROE COUNTY AND NATIONAL MARINE WASTE FOUND.A,riON, INC.
THIS AGREEMENT (Agreement) is entered into this I 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 Purnpout USA, Inc., a for profit corporation of the
State of Florida("Conti-actor").
WHEREAS, the County has certain objectives is 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
Florida Keys National Marine Sanctuary; and
WHEREAS, the County has created anchoring regulations, in coordination with the Florida Fish and
Wildlife Conservation Commission (FWQ 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; all(]
WHEREAS, Contractor desires to provide such services; and
WHEREAS, the Contractor has applied for a Clean Vessel Act (CVA) Program grant through the
Florida Department of Environmental Protection (DEP) and needs a portion of the funds from this
Agreement as matching funds for the CVA grant; and
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
follows:
1. SCOPE OF SERVICES:
Contractor shall be the exclusive provider of niarine purnpout 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 manage(] anchoring zones established by the County. A detailed
Scope of Set-vices is attached as Exhibit A.
Ii. EFFECTIVE DATE AND TERM
This Agreement shall be effective oil the date above. I-lowever, the terra of the Agreement shall be for
two years from tile effective date of the term of the CVA grant agreement between Contractor and
DEP. It is anticipated that this date will be January 1, 2011 In the event the conditions of the CVA
grant are not completed and the grant awarded, County his no obligation to pay the first quarterly
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.
111, AMOUNT OF COMPENSATION AND AVAILABILITY OF FUNDS,
Contractor shall not charge customers of the pumpout service lot-its services.
The County, in consideration of the Contractor satisfactorily pert6ri-ning and carrying out the
objectives of the County as to providing mobile purripout 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
year and Three Hundred Twenty-Nine Thousand Two Hundred Twenty Three and 12/100 DOLLARS
($329,223.35) in the ��irnt
tonsible for any payment or funding of this
Agreement unless the CVA between DEP arid 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.
The Board shall riot 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
upon an annual appropriation by the Monroe County Board of County Commissioners.
IV. PAYMENT:
Payment will be made based on a unit price of$21.81 (Twenty-one and 8 1/100 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:
(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 purnpouts 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 toll 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 purnpout logs (specific to each pumpout vessel) indicating number of pumpouts
2
November 20, 2012
performed and volurne of sewage pumped out (by service area) and a quarterly punlpout log
summarizing the pumpouts provided, 2) copy of signed request for reimbursement submitted to
DEP for die 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 snore 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 tile
amount of $80,644.58 and the invoicing requirements indicated in sections (a) and (b) above
shall apply, Ili no event shall payment exceed the aralual amount stated above,
(d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as
described tinder the Scope of Work attached, If tile cost to the County for the number of
purnpouts performed in a quarter exceeds the funds available for that quarter the contractor is still
obligated to perform the excess pumpouts at no extra charge to the County.
(c) 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.
Payment shall be made pursuant to the Local Government Prompt Payment Act. After the Clerk of the
Board examines and approves the request R)r payment, the County shall reimburse the Contractor. The
total of said reimbursement in the aggregate suill shall not exceed the annual total amount shown in
Paragraph 111.
Annually, the Contractor must furnish to the County the following (prior to the payment of any
invoices, items (a) through (h) must be provided)!
a. List of the Contractor's Board of Directors. For each board member please indicate when
elected to serve and the length of term of service; if Contractor is a sole proprietorship give name
of owner(s) and length of ownership-,
b. If corporation, evidence of annual election of officers and directors;
c. Organization's Policies and Procedures Manual which must 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
C. Other reasonable reports and information related to compliance with applicable laws, contract
provisions and the scope of services that the County may request during the contract year.
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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
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 that it will at all times conduct its business activities in
a reputable manner.
VII, INDEPENDENTCONTRACTOR:
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 jUdgrnent 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 fbilowing standards, as a minimum requireniclit:
A. The Contractor shall provide at its own expense all necessary personnel to provide the
services under this contract. 'fhe 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
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, (ij) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect
to, or sustained by, any indemnified party by reason of. or in connection with, (A) any activity of
CONTRACTOR or any of its employees, agents, contractors in any tier or other invitees during the
term of this Agreement, (B) the negligence or willful misconduct of CONTRACTOR or any of its
employees, agents, contractors in any tier or other invitees, or (C) CONTRACTOR'S default in respect
of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise ftorn the intentional or
sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees,
agents, contractors; or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of
action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the
terra 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 Contractors
failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from
any and all increased expenses resulting ftorn such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided
for above,
XII. DONATIONS AND GRANTS:
The Contractor shall issue, receipts, keep appropriate records, and account separately for all donations
and grants received by Contractor for the benefit of the purnpout 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 put-pose, whether in or out of
the County boundaries. Susan.
In the case of donations solicited by third parties off behalf of the Contractor, the donating entity must
make its financial records pertairfirIg to the donated funds available to representatives of the Contractor
and the County during regular business hours (Monday through Friday, 9:00 a.m. to 5:00 pmi,
excluding holidays) in order to insure that all monies collected on behalf of the Contractor are it) fact
donated to the Contractor for the benefit of the Keys-Wide Mobile Vessel Purnpout Service if) 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 EQTJIPMENT:
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 PUMPOLIA,
Service in "as is" condition, and the Contractor shall allow the County to inspect said facilities and
5
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 lie 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 tile County than against the Contractor.
XV. MAINTENANCE, IMPROVEMENTS AND CAPITAL ASSETS:
The Contractor shall be responsible for the maintenance, repairs and upkeep of facilities and
equipment conveyed to, or provided for the use of, the Contractor. The Contractor shall maintain
County(lockage, or other facilities,and all equipment in a clean, safe and sanitary manner.
XV1. 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 (PI, 88-352) which prohibits
discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the
basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which
prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss, 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug
Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment
and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
alcohol abuse or alcoholism; 7) The Public Health S cice Act of 1912, ss. 523 and 527 (42 USC ss.
690dd-3 and 290ec-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 Ol" BOOKS AND FAC,'ILI'FIES/AUDIT/ACCOUN'rfNG:
Contractor shall keep and maintain all books, records,and documents directly pertinent to perfon-nance
Linder this Agreement in accordance with generally accepted accounting principles consistently
applied. Each party to this Agreement or their authorized representatives shall have reasonable and
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Noveinber 20, 2012
timely access to such records of each other party to this Agrcernent. 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 See. 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 Conti-actor shall also allow the County to inspect the Contractor's facilities, equipment or vessels
at any reasonable time.
XVIII, PUBLIC RECORDS.-
The Contractor shall comply with the Public Records laws of the State of Florida, subject to any
provisions providing exemption from disclosure.
XIX BREAC14 OFTERMS BY CONTRACTOR:
The passing, approval, and/or acceptance by the County of any defect in the services furnished by the
Contractor, shall not operate as a waiver by the County of strict compliance with the terms of this
Contract, and specifications covering the services, Any Contractor breach of this agreement shall be
governed by the article below on tennination for cause.
The Contractor agrees that the County Administrator may designate representatives to visit any
facilities or offices utilized by the Contractor periodically to inspect Contractor's maintenance of
vessels and equipment. The Contractor agrees that the County Administrator may designate
representatives to visit the facilities or offices periodically to conduct random open file evaluations
during the Contractor's normal business hours.
XX TERMINATION WITHOUT CAUSE:
The County may terminate this agreement without cause by providing the Contractor with written
notice of terniination, at least thirty (30) days prior to the date of tent-nination. Compensation shall be
paid to Contractor through the end of provision of services or for the thirty (30) (lays, 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 ofthe
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 livcaboards 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 wastc.
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November 20,2012
c. Breach of any other term, condition or requirement of this agreement,
XXTI. ASSIGNMENT:
The Conti-actor shall not assign or subcontract its obligations under this agreement, except in writing
and with the prior written approval of the Board of County Commissioners of Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Board may deem
necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and
any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless
expressly provided for therein, such approval shall in no manner or event be deemed to impose any
additional obligation upon the board.
XXIII. COMPLIANCE WITH I.,AW:
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 contract,.
XXIV. DISCLOSURE, CONFLICT OF IN`I`ER EST,AND CODE OF I.-,THICS:
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 ally
manner with the performance of services required by this contract, as provided in Sect
112.311, et. seq., Florida Statutes.
13. UPOD 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 all contracts with Monroe
County.
C. COUNTY agrees that officers and employees of the COUNTY recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated in
Section 112.3 13, Florida Statutes, regarding, but not limited to, solicitation or acceptance of
gifts; doing business with one's agency; unauthorized compensation; misuse of public position,
conflicting employment or contractual relationship: and disclosure or 'use of certain
information.
XXV. FINANCIAL RESPONSIBILITY:
The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any
contract, debt, obligation, judgment, lion, or any forril, 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
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. I I H 12"' St., Suite 408
Key West, FL 33040 Marathon, FL 33050 Key West, Ft.. 33041
FOR CONTRACTOR:
5Q Highway 83 North
DeFuniak Springs, Florida 32433
XXVII. TAXES:
The County is exempt frorn 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 tinder this contract, nor is the (_,'ontractor authorized to use the County's Tax
Exemption Number in securing Such materials. The Conti-actor 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
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 Agreetrient 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 pal-ties specifically waive their light 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 ill excess of the threshold
ailiount provided in Section 287.017, F.S. for CA,rFGORY TWO for a period of 36 months from the
date of being placed on the convicted vendor list. (CATEGORY TWO: $35,000.00).
9
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 terins, covenants, conditions and provisions of this Agreement,
,;hall not be affected thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the
enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would
prevent the accomplishment of the original intent of this Agreement. The COUNTY and
CONITRACTOR 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
J'he COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement, or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,
investigative, and out-of-pocket `expenses, as an award against the non-prevailing party, and shall
include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
XXXIII. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and
assigns.
XXXIV. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by
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 C ONTRACTOR specifically agree that no party to this
Agreement shall be required to enter into any arbitration proceedings related to this Agreement,
10
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 firm, other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award or making of this
Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage,
gift, or consideration.
XX,XVIf. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation of the COUNTY and
the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be
deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by
the COUNTY be required to contain any provision for waiver.
XXXVIII. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the
CC. LINTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority
to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or
entities, have cntiticrnents or benefits tinder this Agreement separate and apart, inferior to, or superior
to the community in general or for the put-poses contemplated in this Agreement.
XXXIX. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deerned to be a covenant or agreement of any
member, officer, agent or employee of COUNTY in his or her individual capacity, and no member,
officer, agent or employee of COUNTY shall be liable personally on this Agreement or be subject to
any personal liability or accountability by reason of the execution of this Agreement.
XL. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as art
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.
I I
November 20,2012
XLL 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.
XLIL 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,
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-
insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR
may be required to submit a Letter of Authorization issued by the Department of Labor and a
Certificate of Insurance, providing details on the CONTRACTOR'S Excess Insurance program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate Of Insurance will be required.
In addition, the CONTRACTOR may be required to submit updated financial statements from the fund
upon request frorn the County.
a) General Insurance Requirements for Other CONTRACTORS and Subcontractors:
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 named as an additional
imsured on all subcontractors' liability policies. Upon request of COUNTY, CONTRACTOR shall
provide such evidence of insurance required of the subcontractor.
The CONTRACTOR will not be permitted to commence work governed by this contract (including
pre-staging of personnel and material) until satisfactory evidence of the required insurance has been
furnished to the COL NTY 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
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
County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as relieving
the CONTRACTOR from any liability or obligation assumed under this contract or imposed by law,
The Monroe County Board of County Commissioners, its employees and officials will be included as
"Additional Insured" on all policies, except for Workers' Compensation,
b) INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN CGUNTY AND
CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain the
following insurance. Coverage shall be maintained throughout the life of the contract and include, as a
minimum:
Insurance Reguirenient Required Limits
Worker's Compensation $100,000 Bodily In,j ury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily lnjury by Disease, each employee
Recognizing that the work governed by this contract involves Maritirric Operations (not to be associated with
Longshoremen's Insurance) , the Contractor's Workers' Compensation Insurance Policy shall include coverage
for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than$1 Million.
The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity
Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers'
Compensation policy.
General Liability $300,000 Combined Single I,imit
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 minii-num, limits acceptable shall be:
13
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, treatirient, 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, clairning pollution or environmental impairment, arising out of the services governed by this
contract.
The minimum limits of liability shall be:
$1 Million per Occurrence
If coverage is provided on a claims made basis, air extended claims reporting period of one (1) year
will be required,
Monroe County and its Board of County Conurrissioners shall be named as an Additional Insured.
Watercraft Liability $1 Million Combined Single Limit (CSL)
Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft
Liability Insurance with terms no loss restrictive than those found in the standard "American Institute
Hull Clauses" (June 2, 1.977 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
• Costs Associated with the Removal of Wrecked Vessels
• Contractual Liability with Respect to this Contract
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel", it shall be
endorsed to provide coverage for the legal liability of the shipowner.
The MiDiMUD-1 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
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 tile same manner as this agreement.
,IN WJTNE SS 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 f(.,)r the other
counterparts, be deemed an original contract.
(SEAL)
Attest: AMA'HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF OE I- A
2ge 'neugent'
_j
y
Deputy Clerk aer
MON OECOUNTY ATTORNEY
A"P 0V--D AS TO F RM
PUMP
SA, INC.
By: By:
N .-SS
Print narne: Lin
Print name and title:
—IL
By:
WITNESS
Print name: G4M.w. r
STATE OF
COUNTY OF
On this. 'I'CLday of 10, betbre me the person whose name is subscribed above,
and who produced 012ciitification, acknowledged that he/she is the person who
executed the above Contract for the purposes therein contained.
0�arypu lie
Print 14Ac STEPHAME ALFNo
MY COMMSION#EE 24991
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My commission expii Seal
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15
Novenitier 13,2012
LOBBYING AND CONFLICT OF I.NTERESI' CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Cothpany)
"—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
its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of
any fee, commission, percentage, gift, or consideration poi to the former County officer or
employee." ZZ
(Signs p e
STATE OF: Date:
COUNTY OF:-1191 IAI
Subscribed and sworn to (or affirmed) before me on (date) by
)fv� o -41TI (name of affiant). He/She is personally known to
me or has produced J-� eL 4 cl.
(type of identification)
as identification,
ci� ,z/
NOTARY PUBUI
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PEGGY A,THREAGGILL
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November 13,2012 10
NON-COLLUSION AFFIDAVIT
-)A V7r of the city of according to law on my
oath, and under penalty of perjury, depose and say that
a. tmm '&/I of the firm of
the bidder making the
Proposal for the project gibed in the Request for Proposals for
and that I executed the said
proposal with full authority(6 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;
C. unless otherwise required by law, the prices which have been quoted in this bid have riot
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.
(�Iqnalure)
Date.
STATE OF:
f14 le �-*7 7J
COUNTY OF 1,V41-7ZI
Subscribed and sworn to (or affirmed) before me on '��, .(dalte) by
r) V V (name of affiant). He/She is personally known to
me or has produced 1 (type of identification—�(s '�_X
as identification,
=7 �_7�' It
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97
Novembor 13,2012
DRUG-FREE WORKPLACE FORM
T, un ersqne vendor In ccorclance with Florida Statute 287.087 hereby certifies that'.
1,P) 7?
(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
working on the commodities or contractual services that are Linder bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
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.
6. 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, I cedi ti this flap complies fully with the above
requirements.
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on c,r (date) by
C's (name of affiant). He/She is personally known to
rn _41e or has produced I L, (type of identification)
as eritificatian,
ry A GriiLj
14,
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Nomnbu f 3, 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
(Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within he I st 36 months,
Date:°'
STATE 017:
COUNTY OF:
Subscribed and sworn to(or affirmed) before me on I*).& c) (date) by
A 6 1") (name of aff lent), HefShe is personally known to
me or has produced Z )L,A- (type of identification)
as identification,
14'L
NOTARY PUBLIC"'
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19
No VC111 her 13,2012
Respondent's Insurance and Indernnificatlon Statement
Insurance Reguirement Retinired Limits
Worker's Coniperisation $100,000 Bodily InJury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease,each employee
Recognizing that the work govemed by this contract involves Maritime Operations, the Contractor's Workers
Compensation Insurance Policy shall include coverage for claims sub ect to the Federal Jones Act (4(
s U.S.C.A. subsection 688) with limits not less than$I Million. j
The Contractor shall be permitted to provide.forics Act Coverage through a separate Protection and lndemnit5
Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers
Compensution policy.
(Jeneral Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 pet-occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
It'split limits are provided, the minimum limits acceptable sliall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability $1 Million per Occurrence
RecogniAng that the work governed by this contract involves the storage, treatment, processing, or
transpoiling 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 SPCCif Ically identify this contract and specify that coverage will extend to aII
losses, claiming pollution or crrvironniental impairment, arising out of the set-vices governed by this
contract.
The minimum limits of liability shall be:
$1 Million pet-Occurrence
If coveragc is provided on a claims made basis, ,in 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
November 13,2012
WWercraft Liability $1 Million Combincd Single Limit (CST)
Prior to the commencerticnt of work governed by this contract, the Contractor shall obtain Water Craft
Liability Insurance with terms no less restrictive than those 150LInd in the standard "Aincrican Institute
[lull Clauses" (June 2, 1977 edition), Coverage shall be maintained throughout the life of the contract
wid include, as a mininium:
• Injury (including death)to any Person
• Damage to Fixed or Movable Objects
• Costs Associated Nvith 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 rnininann limits acceptable shall be:
$1 Millioii Combined Single Limit (CSI,)
Coverage provided by a Protection and Indemnity Club (P&T) shall be subject to the approval of the
County.
The Monroe County Board of County Coniruissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements,
-INDEMNIFIC6TION AND HQI-D 'A PS EQR QQN LTANT,9 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
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
obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes
of action, litigation, proceedings, costs or expense's 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
expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project(including the work of others)is delayed or suspended as a result of
the Respondent's failure to purchase or maintain the required insurance, the Respondent shall indemnity the
County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all
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.
RESPONDEMPS ST IIHIVIENT
21
Noveinlxr 13,2012
1 understand the insurance that will be mandalory if awarded the contract and will cornp4y in NO with all the
requirements.
Respondent jOature
EXHIBIT
Scope of Services
For
Mobile "vessel Plimpout Service
Pumpout USA will provide mobile vessel pumpout service to vessels located throughout areas of
unincorporated Monroe County within the Florida Keys. The punipout 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.
The following sections describe the Scope of Work and Deliverables for the provision of mobile
vessel pumpout service,
Section A: Scope of Worli
1. Mobile Vessel P"n out Service
The Pumpout USA will provide mobile vessel pumpout service consisting ofa minimum
of six marine pumpout vessels to service (i.e, pumpout) vessels located in the
unincorporated areas of Monroe County. Each of these six marine purnpOLIt Vessels Will
work 8 hours per day, 5 business days per week in the areas designated on the attached
Mobile Pumpout Service Coverage Mali (Attachment 1). Each pumpout vessel placed
into service will be capable of servicing up to twelve vessels per day and each will be
trailerable to locate to other service areas, as needed.
The pumpout service, provided at no charge to all recreational vessels in the
unincorporated waters of Monroe County within tile 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 PLIMPOUt 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 located 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 tile
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 tile 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
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 purnpout stations
located throughout the Keys, and when necessary hauled out by licensed haulers,
2. St La ftip
Pumpout USA, at its own, expense, will provide all personnel required to perform this
contract and all personnel engaged in performing services under this contract shall be
Fully qualified, and, if required, to be authorized or permitted under State and local law to
perform such services. Pumpout USA personnel shall not be employees of or have any
contractual relationship with the County,
The Contractor will provide vessel operators and a Project Manager that has extensive
experience and training in the PUMPOLIt industry.
The Project Manager will maintain an office at Mote Marine Laboratories in SUrninerland
Key and his/her primary duties will include:
• Coordinating pump-out schedules
• Registering Customers for service
• Obtaining registrants' contact information and location for pump-out service
• Contact point for FWC concerning "Proof of Purnpout" 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 Purnpout 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. Readstration 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 PLIMPOLIt vessel operators in the service areas. Registration to
participate in the program is free for recreational vessels. The participant submits his/her
registration information, which will be entered into the service schedule, Upon the first
visit by the pumpout vessel the pumpout vessel operator will affix the identification decal
to the bow of the vessel (adjacent to the state vessel registration decal location), and
attach the orange service banner to the bow rail.
A service schedule for each pumpout vessel placed in service will be made available oil
the Pumpout USA website. The registration forms provided on the website will request,
the mooring location of the vessel (fat/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
and the impacts of sewage discharge into the environt-netit. 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,
Civic Organization Meetings, Secondary Education Science Classes, etc.
5. Co
ordination wjt -Coqq„y 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
pumpouts. Each PLIMPOUt 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. Monthiv Pumpout Logs
Signed monthly pumpout logs will be Submitted, specific to each pumpout vessel and
broken down by service area, indicating the number of pumpouts performed, volume of
sewage pumped out, and number of individual vessels pumped out,
2. Quarterly Reports
Pumpout USA will submit signed, notarized quarterly reports showing:
• Number of pumpouts performed in each service area (including number of Out Of
state vessels) and total for the Keys
• Gallons of sewage pumped from each service area and total for the Keys
• Total number of individual vessels pumped out
• The routes and locations of the purnpout vessels
• Gallons of fuel used in support of prograrn
• Education and outreach activities
3. 1 n 'C in
- r
Purripout USA will submit a signed invoice on Purnpout 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 pet,unit rate,
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CERTIFICATE T E F LIABILITY INSURANCE
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DUES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. T141S 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 + " cetT.,eam
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a, Inc Ft, Myers Office PHONE...-
4091 Colonial
Blvd -
Fort Myers Fir 33965 �QKgs
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1150 HWY 53 N w.9 _.
De Funiak Springs FL 32433 INSURER„D
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COVERAGES CERTIFICATE NUMBER:3245,17120 REVISION NUMBER:
THIS IS TO CERTIFY THAT TIME POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH "THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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�EACH GI OCCURRENCE S1,000,000
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DESCRIPTION OF OPERATVDNSI LOCATIONS VEHICLES lANach ACORD 101,,Addllianat Remarks Schedwe, T more space is required)
Cert holder is afforded additiona6 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.
1109 Simonton St, Roorn 2258
Key IJVP,St FL 33040 AUTHORIZED REPRESENTATIVE
0 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010/06) The ACORD name and logo are registered marks of ACORD
PUMPOUT-01 MARTIN
CERTIFICATE OF LIABILITY INSURANCE
— ___ J' 11912013
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICW1:EWOC66�T-H-1i
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.
L INSURED,the pollcy(io�LLs)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[lots of such ondorsoment(s).
PRODUCER CONTACT
AME:
Acontrla,Inc-Dentin Office NHN.d.,--E-----
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4634 Gutfstarr Drive t. N �(850)1650-1950
. lrq_g�� _1............
Destin,FL 32541 ADDRESS:
IN U E�)AFFORDING COVERAGE NAIC,N is
A Jechnoloff Insurance ny,Inc. 42376
INSURED
INSURER Is.
Pump Out USA INSURER C:
1150 Hwy 83 North INSURER 0:
Do Funlak Springs,FL32433
_LLNSURfiRJE;
E NUMBER REVISION NUMBER:
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THIS IS TO CERTIFY THAT (,Iii�07 INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER�_O_D'_
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL'rHE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
N&ff X15rx SUISR, "Lr'V_0F7_0 OL icy Ends --------------
_�TR OF INSURANCE ,NM, yyyD, �ICY Nq��BER_ M!M�LAMWqD1YYYYJ, LINTS
GENERAL LIABILITY
EACH OCCURRENCE
COMMERCIAL GENERALLIABIUly TYAWu-r'T0"AENTFrJ-'
CLAIMS MADE OCCUR MEO EXP(Ary one person} S
PERSONAL I..LTLI 1v.J
GENERAL AGGREGATE
GEWL AGGREGATE LIMIT APPLIES PER: PRCDU,C IS-CON Plop A-�G
F9LICY PRO.
AM.UTOMOBILE LIABILITY _= �01147 DINI(T—,"
ANY AUTO
ALL OV%EO ...... SCHEDULED BODILY INJURY�Petpemon)
AUTOS AUTOS 'i&�I_LY'N4VRY�Pei acvdai,4) s
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KREDAUTCS AVIOS
UMBRELLA LIAO
OCCUR EACHOCCuRRENCE
EXCESS LIAR CLAIMS MADE ------------
AGGRFGArE
_��DRK_E'pi COMPENSATION U
AND EMPLOYERS'LIAO LITY TEILY giJ '��0_
A ANY PrIOPRIETORMARTNERJEX5CUTIVE YIN X TWC3336203 1011212012 1011212013 1 �z R
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OFFtCEMMEMSER EXCLUDED?
(Mandatory In NH) 1,000,000
If yes,descrte Under
DESCRIPTION OF OPERATIONS be0ow E,L DISEASE E L.DISEASE:EA J1,000,000
-------------------------
-----------
OF'OPERATIONS_1UOCAT0NS IV00CLES(Attach ACORD tOl,AdditIonal Remarks Scbedolt,it nwre space Is requir"
81
------------ -------------
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERFD IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Board of Monroe County Commissioners AUTHEIRIZEDREPRESENTA71VE
t100 Simonton St
Room 2268
J�p,y.WpA,,FL'3.3040
0 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25(2010I05) The ACORD name and logo are registered marks of ACORD
AMENDMENT NO.I TO AGREEMENT
BETWEEN PUMPOUT USA, INC.
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT NO.1 TO AGREEMENT is made and entered into this 20th day of March,
2013, between Monroe County Board of County Commissioners (hereinafter"COUNTY" or "BOCC") and
Pumpout USA,Inc.,a for profit corporation of the State of Florida (hereinafter"Contractor").
WITNESSETH:
WHEREAS, the parties entered into an Agreement on December 12, 2012, to provide Keys-wide
mobile vessel pumpout service; and
WHEREAS, the Agreement requires the Contractor to secure a grant agreement with the Florida
Department of Environmental Protection(DEP)Clean Vessel Act Program; and
WHEREAS, a grant agreement between the Contractor and DEP was executed on January 31, 2013,
and
WHEREAS, regulations of the DEP grant program require certain provisions to be included in the
DEP grant agreement;and
WHEREAS, DEP has requested the County to amend its Agreement with Pumpout USA to provide
for these provisions; and
WHEREAS, these provisions do not materially alter any other provisions of the Agreement;
NOW,THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree
as follows:
1. Section XII. DONATIONS AND GRANTS of the Agreement dated December 12, 2012„ is hereby
deleted,
1 Attachment H: Contract Provisions and Attachment 1: Regulations are hereby attached as exhibits to
the Agreement dated December 12, 2012, and are hereby part of the Agreement
3. The above Sections 1. and 2. shall be retroactive to December 12,2012.
4. The remaining provisions of the Agreement dated December 12, 2012, not inconsistent herewith,
remain in full force and effect.
Remainder of this Page Intentionally Left Blank
SFRPC ILA Amendment 1-28-2013
IN WITNESS WHEREOF,the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK BOA OF COUNTY COMMISSIONERS
OF MONROE COUNTY,FLORIDA
Deputy Clerl Maya George Neut;ent
WITNESSES: PUMPOUT TJSAr'INC.
Y
o
Print Nang; C_M _w
Title
Print Narne:7Uln,1 i'JI
STATE OF
COUNTY OF
On this 1_:;4:!�._., day of_ ,7r` rt 4 t. 201 ,� before me the person whose name is subscribed
above, and who produced as identification, acknowledged that he/she is the
person who executed the above Contract for the purposes therein contained.
w,
Notary Public
Print Name
My commission expires: Seal
+2 xoR011
MY COMMISSION#Ef 11723
EXPIRES:Octubw4,2014
i✓IN
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O
SFR.PC ILA Amendment 1-25-2013
AWACHMENTH
Contract Provisions
All contracts awarded by a recipient, including small purchases, shall contain the following provisions as
applicable:
1, Equal Employment Opportunity - All contracts shall contain a provision requiring compliance
with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O.
11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as
supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity,Department of Labor,"
2. Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and
subgrants in excess of$2000 for construction or repair awarded by recipients and subrecipients
shall include a provision for compliance with the Copeland"Anti-Kickback" Act (18 U.S.C, 874),
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"). The Act provides that each contractor or subrecipient shall be
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 is otherwise entitled.
The recipient shall report all suspected or reported violations to the Federal awarding agency,
3. Davis-Bacon Act, as amended (40 'U.S.C. 276a to a-7) - When required by Federal program
legislation, all construction contracts awarded by the recipients and subrecipients of more than
S2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7)
and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards
Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction").
Under this Act,contractors shall be required to pay wages to laborers and mechanics at a rate not
less than the minimum wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors shall be required to pay wages not less than once a week. The recipient
shall place a copy of the current prevailing wage determination issued by the Department of Labor
in each solicitation and the award of a contract shall be conditioned upon the acceptance of the
wage determination, The recipient shall report all suspected or reported violations to the Federal
awarding agency,
4, Contract Work Hours and Safety Standards Act (40 U.S.C. 327,333) - Where applicable, all
contracts awarded by recipients in excess of$2000 for construction contracts and in excess of
$2500 for other contracts that involve the employment of mechanics or laborers shall include a
provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety
Standards Act(40 U.S.C. 327-333),as supplemented by Department of Labor regulations(29 CFR
part 5). Under Section 102 of the Act, each contractor shall be required to 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 I V, times the basic rate of pay for all hours worked in excess of 40 hours in the work week.
Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic
shall 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.
5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the
Federal Government and the recipient in any resulting invention in accordance with 37 CFR part
401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Finns Under
Government Grams, Contracts and Cooperative Agreements," and any implementing regulations
issued by the awarding agency,
DEP Agreement No. MVXXX Attachment H,Page I of 3
6, Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of$100,000
shall contain a provision that requires the recipient to agree to comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401 et seq.)and
the Federal Water Pollution Control Act as amended(33 U.S.C. 1251 et seq.). Violations shall be
reported to the Federal awarding agency and the Regional Office of the Environmental Protection
Agency(EPA).
7. Byrd Anti-Lobbying Amendment(31 U.S.C. 1352) -Contractors who apply or bid for an award
of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier shall 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 recipient.
8. Debarment and Suspension (E.Os 12549 and 12689) - No contract shall be made to parties
listed on the General Services Administration's List of Parties Excluded from Federal Procurement
or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and
Suspension,"This list contains the names of parties debarred,suspended,or otherwise excluded by
agencies, and contractors declared ineligible under statutory or regulatory authority other than
E,O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the
required certification regarding its exclusion status and that of its principal employees.
9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and
Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h-3(e)) - Contracts and
subgrants of amounts in excess of$100,000 shall contain a provision that requires the recipient to
agree to comply with all applicable standards,orders or regulations issued pursuant to Section 508
of the Federal Water Pollution Control Act, as amended(33 U.S.C. 1368) and Section 1424(c)of
the Safe Drinking Water Act (42 U.S.C. 300h-3(e)). Violations shall be reported to the Federal
awarding agency and the Regional Office of the Environmental Protection Agency(EPA).
M Compliance with all Federal statutes relating to nondiscrimination-These include but are not
limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits
discrimination on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age
Discrimination Act of 1975, as amended (42 U.S.C. 6101-6107), which prohibits discrimination
on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L, 92-255), as
amended,relating to nondiscrimination on the basis of drug abuse;(e)the Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as
amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections
523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as
amended,relating,to confidentiality of alcohol and drug abuse patient records, (g)Title Vill of the
Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific
statute(s)made;and, (i)the requirements of any other nondiscrimination statute(s)that may apply,
IL Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) that provide for fair and
equitable treatment of persons displaced or whose property is acquired as a result of Federal or
federally assisted programs. These requirements apply to all interests in real property acquired for
project purposes regardless of Federal participation in purchases.
12. Compliance with the provisions of the Hatch Act(5 U.S.C. 1501—1508 and 7324—7328)that
limit the political activities of employees whose principal employment activities are funded in
whole or in part with Federal funds.
OOP Agreement No.MVXXX,Attachment H,Page 2 of 3
13, Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) that requires recipients in a special
flood hazard area to participate in the program and to purchase flood insurance if the total cost of
insurable construction and acquisition is$10,000 or more.
14. Compliance with environmental standards which may be prescribed to the following: (a)
institution of envirortmental quality control measures under the National Environmental Policy
Act of 1969 (P1. 91-190) and Executive Order 11514; (b) notification of violating facilities
pursuant to E.O. 11738; (c)protection of wetlands pursuant to E.O. 11990;(d)evaluation of flood
hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with
the approved State management program developed under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451 et seq,); (f) conformity with Federal actions to State (Clean Air)
Implementation Plans under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C.
7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking
Water Act of 1974, as amended(P.L. 93-523); and(h)protection of endangered species under the
Endangered Species Act of 1973,as amended(P.L. 93-205).
15, Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to
protecting components or potential components of the national wild and Scenic rivers system,
W Compliance with Section 106 of the National Historic Preservation Act of 1966,as amended
(16 U.S.C. 470), R.U. 11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.).
17. Compliance with P.L. 93-348 regarding the protection of human subjects involved in research,
development,and related activities supported by this award of assistance.
18. Compliance with the Laboratory Animal Welfare Act of 1%6 (P.L. 89-544, as amended, 7
U.S.C.2131 et seq.)pertaining to the care,handling,and treatment of warm blooded animals held
for research,teaching,or other activities supported by this Agreement.
19. Compliance with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C.4801 et seq.)that
prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
20. Compliance with the mandatory standards and policies relating to energy efficiency that are
contained in the State energy conservation plan issued in accordance with the Energy Policy and
Conservation Act(Pub. L. 94-163,89 Star, 871).
21, Compliance with the Drug Free Workplace Act. The recipient shall comply with the provisions
of the Drug-Free Workplace Act of 1988 (Public Law 100-690,Title V, Sec. 5153,as amended by
Public Law 105-85, Div. A, Title VIII, Sec. 809, as codified at 41 U.S.C, § 702) and DoC
Implementing regulations published at 43 CFR Part 43, "Governmentwide Requirements for
Drug-Free Workplace (Financial Assistance)"published in the Federal Register on November 26,
2003,68 FR 66534),which require that the recipient take steps to provide a drug-free workplace,
22. Compliance with the Buy American Act (41 U.S,C. 10-10c) By accepting funds under this
Agreement, the Grantee agrees to comply with sections 2 through 4 of the Act of March 3, 1933,
popularly known as the "Buy American Act." The Grantee should review the provisions of the
Act to ensure that expenditures made under this Agreement are in accordance with it. It is the
sense of the Congress that,to the greatest extent practicable,all equipment and products purchased
with funds made available under this Agreement should be American-made.
23. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) By
accepting funds under this Agreement,the Grantee agrees to implement the requirements of(g)of
section 106 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.&C.
7104(g).
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agrecinent No.MVYXX,Attacilinent 14,Page 3 of 3
ATTACHMENT I
REGULATIONS
Formal regulations concerning administrative procedures for Department of Interior(DOI) grants appear
in Title 43 of the Code of Federal Regulations. The following list contains regulations and Office of
Management and Budget Circulars which may apply to the work performed under this Agreement.
General
43 C.F.R. 17 Nondiscrimination in federally assisted programs of the DOI
Grants and Other Federal Assistance
43 C.F.R. 12 Subpart C- Uniform administrative requirements for grants and cooperative
mLeements to state and local 12vernments
43 C.F.R. 12 Subpart F-Uniform administrative requirements for grants and agreements with
institutions of higher education,hospitals and other nonprofit organizations
43 G.F.R. 18 New restrictions on lobo in
43 C.F.R. 43 Government wide requirements for drug-free workplace
Othee•Federal Regulations
2 C,F,R. 1400 Suspension and Debarment
48 CTA Irinciples and Procedures
Office of Management and Budget Circulars
A-21 (2 CFR 220) Cost Principles for Educational Institutions
A-87 (2 CFR 225) Cost Principles for State, Local, and Indian Tribal Governments
A-122 (2 CFR Cost Principles for Non-Profit Organizations
230)
A-133 Audit R5juirements
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Agreeincnt No.MVXXX,Attachment 1,Pap I of I
AMENDMENT NO. 2 TO AGREEMENT
for
KEYS-WIDE MOBILE VESSEL PUMPOUT SERVICE
between
MONROE COUNTY AND PUMPOUT USA, INC.
THIS AMENDMENT NO. 2 TO AGREEMENT (Amendment No. 2) is made and entered
into this 17 1h day of July, 2013, between the Monroe County Board of County Commissioners
(County) and Pumpout USA, Inc., a for profit corporation of the State of Florida(Contractor),
WITNESSETH:
WHEREAS, Contractor is the provider of mobile vessel pumpout service for unincorporated
Monroe County, in accordance with the Keys-Wide Mobile Vessel Pumpout Service Agreement
(Agreement)effective December 12, 2012 for a two year period; and
WHEREAS, the pumpout service is a new program provided to boaters by the County, and as
such, the Contractor is encountering logistical and utilization issues typical of a start-up program;
and
WHEREAS, the Agreement provides for a quota of 1300 pumpouts per month/3900 per quarter
to be performed, for compensation of quarterly payments totaling$340,200.85 in the first year of
the Agreement; and
WHEREAS, service commenced February 1, 2013, and since then, the Contractor has phased-in
pumpout coverage and steadily increased the number of monthly pumpouts: 94 in February, 204
in March, 460 in April, 752 in May; and
WHEREAS, the Contractor has not yet developed the customer base required to meet the quota
of 3900 pumpouts per quarter, particularly due to start-up of operations, the off season, fewer
anchored vessels to be pumped out, and vessel owners' awareness of the pumpout program; and
WHEREAS, the Contractor was provided an advance payment of $98,267.11 for the first
quarter, but has not received payment for the second quarter due to not meeting the pumpout
quota for the first two quarters; and
WHEREAS, a revision of the Agreement will allow the Contractor to continue pumpout service
by eliminating the quota and per-pumpout payment, and providing payment for the second
quarter(April-June 2013) in the amount of$80,644.58 and for following quarters, with a follow
up evaluation of a year's worth of service to occur in January, 2014 to determine a logical quota,
and
WHEREAS, Contractor has secured a Department of Environmental Protection Clean Vessel
Act grant to help offset the costs of the program and provides expense and service
documentation to DEP without a quota for payment;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties
have entered into this Amendment No. 2 and agree as follows:
1. Section IV, PAYMENT shall read as follows:
Payment will be made on a quarterly basis using the same schedule and quarterly dates used by
DEP as follows:
(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).
(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 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). 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.
(d) The parties acknowledge that Contractor is obligated to perform all pumpouts requested as
described under the Scope of Work attached.
(e) Travel and lodging are specifically excluded from payment or reimbursement.
(f) Contractor's final invoice must be received within sixty (60) days after the termination or
expiration of this contract. In the event of termination of services, Contractor shall be paid
pro rata based on the time that services were provided,upon invoicing as described above.
2
Payment shall be made pursuant to the Local Government Prompt Payment Act.
Annually, the Contractor must furnish to the County the following (prior to the payment of any
invoices, items (a) through (e)must be provided):
a. List of the Contractor's Board of Directors. For each board member please indicate
when elected to serve and the length of term of service; if Contractor is a sole
proprietorship give name of owner(s) and length of ownership;
b. If corporation, evidence of annual election of officers and directors;
c. Organization's Policies and Procedures Manual which must 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
c. 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, including financial reports.
2. Exhibit A— Scope of Services is amended as follows:
Section B. 3. Invoicing
Pumpout USA will submit a signed invoice on Pumpout USA letterhead for each
quarter's payment, as stipulated in the contract.
3. County shall provide a slip for Contractor's pumpout boat at the Murray Nelson Government
Center in Key Largo.
4. The parties will evaluate the Contractor's performance,payment provisions and compensation
terms in January, 2014. Any changes will be by written agreement between the parties.
S. All of the other terms of the Agreement dated December 12, 2012, not inconsistent herewith,
remain in full force and effect.
Remainder of Page Intentionally Left Blank
Signature Page to Follow
3
ITNESS WHEREOF the parties hereto have executed this Agreement on the day and data
.tten above in four (4) counterparts, each of which shall, without proof or accounting for
0t counterparts, be deemed an original contract.
MY H:EAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS
OF MO N 0E COUNTY, FLORIDA
By: —RTj4A04) By:
Deputy ler Mayor/Chairman
PUMP UT USA, INC.
Witness
Print name: Print name and title: 0 -
By: ss
'� ! ��
Print name: r � I/L a VAIL 01/11-
STATE OF F(OPLID4.
COUNTY OFJ�jb
On this[5t day of Q1Y 20l'�, before me the person whose name is subscribed
above, and who produced PIfOOL A&M-ir -as ident cat'on �o;iledged that he/she is the
person who executed the above Contract for th�ufposes cron contained.
Notary Public
Print NameM +^
My commission expires: � ,,�.�r".,, MAYRA TEIANOS S' l _C7 �.
s NcitAry Public-State o1 Florida
• My%;omm,Expires May 19,2016 7 r
=., Commission#EE 160590 --
' °ww; 4*~ Bonded Through Naltonal Notary Assn.
,. C)
Q
09
MONROE COUNTY aFMNEY ,
APPRO T ,,
4 Date:
.41 C>RL� CERTIFICATE OF LIABILITY INSURANCE F I>ATE(MMIDDtYYYY)
1 10/29/2014
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 policy(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
ACentrla, Inc. PHONE
HON_....w_ I
4091 Colonial Blvd.#100 -aAIC,140,.Extl.239-939 101CJ ._....__ _ .......... w..... l C. 239 939 7172
AX
E-MAIL certificates timshaw.cam
Fart Myers FL 33966 ADCkRESS...... ..__ _._...__._ ... ..._..
IFdSURERISI AFFORDING CCYyEf2AGE NAIC#
_. ___.._.. .. ............. _ _......_ ..... _ INSURER n:AmTrust North America
_._ _. _._. _.ry... .. u...__._.. _.. ._...
INSURED F U M PO UT-01 INSURER B
Purnp Out USA
1150 Hwy 83 North
De Funiak Springs FL 32433 INSI1RERo
INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: 1924389503 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W"dBTH 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.
1NSIt..,,,.,,.,... -- _........
LTR TYPE OP INSURANCE INSD WVVD POLICY NUMBER MMIDDfYYYY MEFF MIDDffY'YYY LIMITS
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE. -$r1AMA�UB�.•"r(7 rCENTED ..
CLAIMS-MADE � �OCCUR
-------------------
MLD EXP(A ry one persa s)
PERSONAL&ADV INJURY $
GEN L AGGREGA r E LIMI"r APPLIES PER. �.....
PRO- GENERAL AGGREGATE $
POUCY ._ PR - LOC AID E11-0y ISK EMENT
F ROOLU Ts OOMP/OPT AGG $
O rf-IE R:
Pv' r $
AUTOMOBILE LIABILITY '.. 0
J COMBINED SINGLE LIMI I-
ANY AUTO �.. w BODILY
ILY INJURY
-... (Perpersrrrcal $
ALL.OWNED _ SCHEDULED `...... -..- .. _. _.............�. ....... .____��. ...._._ ----
OS J AUTOS WAIVER A,,.,-°wYEs_ ... I3'ODpt.YINJURY(Per accident) $
....... HIREDAU'IOs _.._ NON-OWNED r1PtOPE`krY DAMAGE .... "...'.. ._�..mm.".. ---
AUTOS (Per accident) ..
$
UMBRELLA LIAR OCCUR EACH OC-URRENCE S
EXCESS LIAR M AGG(GGATE S
_ CLAVS MADE.....
OED RETENTION$ $
q WORKERS COMPENSATION y WWC3109427 10/1212014 10/12/2p15 PER
AND EMPLOYERS'LIABILITY Y-/� STATgJTE F.R
ANY PROPRIE'tORFPAR'rNERfEXECUTIVE r _,.,.
OFPICERIMEMBER EXCLUDED? I -..I N/A E.L.LAGI i ACCIDENT $"I CIt1I1 pop
(Mandatory In NH) E:L DISEASE EA EMPLOYE ' $1,000,OC7DNM ... _'.,
If yy�es describe under _ _............. _....
OF::SCRIP1ION OF OPERATIONS b.ilow E L DISEASE POLICY LIMIT $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is rcgulred'i
OwnerslOfficers Excluded from Workers Compensation Benefits:Vernie Brown
THE WORKERS COMPENSATION INCLUDES A WAIVER OF SUBROGATION, FORM(WC000313)
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 COMMISSIONERS ACCORDANCE WITH THE POLICY PROVISIONS,
1100 SIMONTEN STREET
KEY WEST FL 33040 AUTHORIZED REPRESENTATIVE
cJ 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD