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Item J11 J.11 i�` County of Monroe �y,4 ' ?, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `_ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting June 16, 2021 Agenda Item Number: J.11 Agenda Item Summary #8298 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505 No AGENDA ITEM WORDING: Approval of an Amendment to the Contract with Underwater Engineering Services, Inc. for a 2-Year Extension to the Contract for the Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures, and Marine Debris. ITEM BACKGROUND: The Monroe County Board of County Commissioners ("BOCC or"County") approved a contract with Underwater Engineering Services, Inc. ("UESI") on July 18, 2018, for services relating to the removal, refloating and/or demolition and disposal of derelict vessels, floating structures and marine debris. This contract is due to expire on June 30, 2021. The contract amendment extends the term for two (2)years under the same terms and conditions as the subject contract; this amendment provides for the subject contract to be extended for the period July 1, 2 02 1, through June 30, 2 02 3. The contract amendment is attached for Board approval. PREVIOUS RELEVANT BOCC ACTION: July 2018 —Approval of Contract with UESI CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approval DOCUMENTATION: Amendment Original Contract_2018 COI—Risk approved Packet Pg. 1403 J.11 FINANCIAL IMPACT: Effective Date: July 1, 2021 Expiration Date: June 30, 2023 Total Dollar Value of Contract: N/A Total Cost to County: N/A Current Year Portion: N/A Budgeted: Yes Source of Funds: Boating Improvement Funds CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes, approved by Risk Additional Details: None None REVIEWED BY: Emily Schemper Completed 05/26/2021 4:08 PM Assistant County Administrator Christine Hurley Completed 05/28/2021 8:42 AM Peter Morris Completed 06/01/2021 1:05 AM Purchasing Completed 06/01/2021 10:18 AM Budget and Finance Completed 06/01/2021 11:16 AM Maria Slavik Completed 06/01/2021 11:41 AM Liz Yongue Completed 06/01/2021 12:31 PM Board of County Commissioners Pending 06/16/2021 9:00 AM Packet Pg. 1404 AMENDMENT TO CONTRACT BETWEEN UNDERWATER ENGINEERING SERVICES,INC. AND MONROE COUNTY,FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of June, 2021 between Monroe County Board of County Commissioners and Underwater Engineering Services, Inc. WITNESSETH: WHEREAS, on July 18, 2018, the parties entered into a non-exclusive Contract (Contract) for the removal, refloating and/or demolition and disposal of derelict vessels,floating structures,and marine debris;and WHEREAS, said Contract is due to terminate on June 30,2021; and WHEREAS, Section 1.1.8 of said Contract provides for, upon the mutual written consent of the parties,one additional two (2)year term under the same terms and conditions; and WHEREAS,the undersigned parties desire to enter into this Amendment extending said LU Contract;and WHEREAS, extension of said Contract is deemed in the best interest of the health, safety, e and welfare of the citizens of Monroe County and the general public; NOW,THEREFORE,IN CONSIDERATION of the mutual covenants contained herein the parties 2 agree to as follows: 2 1. The Contract shall be extended for the period July 1,2021,through June 30, 2023. 2. Section 6.6 of the July 18, 2018 agreement is hereby amended to read: FROM: Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. The request must describe in detail the services performed,the E payment amount requested, and supporting documentation, including copies of receipts from the transfer station. TO: Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act.Any request for payment must be in a form satisfactory to the Monroe County Clerk of Court. Acceptability to the Clerk is based on generally accepted accounting_principles and such laws,rules, and regulations as ma govern the Clerk's disbursal of funds.The request must describe in detail the services performed,the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 3. Section 7.1.6 of the July 18, 2018 agreement is hereby amended to read: 1 of 5 Packet Pg. 1405 J.11.a FROM: The Monroe County Board of County Commissioners shall be named as Additional Insured on all of the CONTRACTOR's insurance policies issued to satisfy this Contract's requirements,except for Workers' Compensation. TO: The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements, except for Workers' Compensation. 4. Section 7.5 of the July 18,2018 agreement is hereby amended to read: FROM: 7.5.0 Jones Act or Watercraft Coverage is Required TO: 7.5.0 Jones Act,Longshoremen and Watercraft Coverage is Required FROM: 7.5.1 Jones Act Coverage.Recognizing that the work governed by this contract involves Maritime Operations,the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) with limits not less than$1 million. TO: 7.5.1 Jones Act,Longshoremen and Watercraft Coverage. Recognizing that the work governed by this Agreement involves Maritime Operations,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)and the United States Longshoremen and Harbor Workers(USL&H) Act(33 USC sections 901-950)with limits not less than $1 million. Watercraft coverage shall also be included with limits not less than$1 million. 5. Section 9 of the July 18,2018 agreement is hereby amended to read: 2 FROM: Maintenance of Records. CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7- years from the termination of this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333,whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the E Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. TO: Maintenance of Records. CONTRACTOR shall maintain all books, records,and documents directly pertinent to performance under this Contract in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of 7- years from the termination of this Contract or for a period of 5 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333,whichever is greater. Each party to this Contract or its authorized representatives shall have reasonable and timely access to such records of each other party to this Contract for public records purposes during the term of the 2of5 Packet Pg. 1406 J.11.a Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by this Contractor,or were wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03,of the Florida Statutes,running from the date the monies were paid by the COUNTY. 6. Section 11.2.9 of the July 18, 2018 agreement is hereby amended to read: FROM: Procurement of recovered materials as set forth in 2 CFR § 200.322. TO: Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amended,by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 7. Section 11.3 of the July 18,2018 agreement is hereby amended to add the following provisions: 11.3.5 Access to Records: Contractor/Consultant and their successors,transferees,assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the 2 Department of Homeland Security (DHS)and the Federal Emergency Management Agency's 2 (FEMA)access to records, accounts,documents, information, facilities, and staff. Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation conducted by DHS 2. Give DHS access to and the right to examine and copy records,accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 11.3.6 DHS Seal,Logo and Flags: Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific FEMA approval. 11.3.7 Changes to Contract: The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project.Any contract change or modification,change order or constructive change must be approved in writing by both the COUNTY and Contractor. 11.3.8 Compliance with Federal Law, Regulations,and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the 3 of 5 Packet Pg. 1407 J.11 a contract. The contractor will comply will all applicable federal law,regulations, executive orders, FEMA policies, procedures, and directives. 11.3.9 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor,or any other party pertaining to any matter resulting from the contract. 11.3.10 Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. 11.3.11 Prohibition on certain telecommunications and video surveillance services or equipment as set forth in 2 CFR§200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2)Extend or renew a contract to procure or obtain;or(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment,services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i)For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure,and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. (iii)Telecommunications or video surveillance equipment or services produced or provided by 2 an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. 11.3.12 Domestic preference for procurements as set forth in 2 CFR§200.322. The COUNTY and CONTRACTOR should,to the great extent practicable,provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not E limited to iron, aluminum, steel, cement,and other manufactured products).These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (1)"Produced in the United States"means,for iron and steel products,that all manufacturing processes, from the initial melting stage through the application of coatings,occurred in the United States. (2) "Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete;glass, including optical fiber; and lumber. 11.3.13 The Contractor is bound by any terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management. 4 of 5 Packet Pg. 1408 `J.11.a 11.3.14 The CONTRACTOR shall bold the Division and COUNTY harmless against all clairns of whatever nature arising out of the CONT1'RACTOR's performance of work under this Agreement,to the extent allowed and required by law. 8. All of the other terms, covenants, conditions, and provisions of said original Contract, except those expressly modified and rendered inconsistent by this Amendment, remain in fail force and effect and binding upon the parties. 9. E'ach party agrees that they have authority to execute this Amendment on behalf of each party and represents and warrants that such person has the full right and authority to fully bind such party to the terms and obligations of this Amendment. 10. This Amendment is binding on the successors and assigns of the parties. IN WITNESS WHEREOF, the parties have executed this Contract as indicated below. c (S[--'A L) x KEVIN MADOK, CLERK BOARD OF COUNTY COMMISSIONERS � OF MONROE COUNTY, FLORIDA � 0 Deputy Clerk Mayor Michelle Coldiron y .r WITNESSES: Underwat r En i coring Services, Inc, 2 i. By: W Print Name: Andrew Conn Ilv Print N me: Kenneth Griffin 2 > f--_ ,T Title: President Print Name 13ob l3eganoiJ MONFlOFF COUNTY ATTORNEY E AP FED T Clt '. STATE OF Florida COUNTY OF St. Lucie The foregoing instrument was acknowledged and attested before me this 27th day of May 2021, by Kenneth Griffin , who is personally known to me or produced as proof of identification and did take an oath. Y e ��✓ :s rau$ TBNAM.PETERSON N 'tart' Prl13l IC Seal �I { ':. Notary Ptjb�k-S€ate of Fn 7 my Comm, �€xpires Nov 2,2022 Bonded through National Notary Assn. 5of5 Packet Pg. 1409 DATE(I J.1(1I.0 A�® CERTIFICATE OF LIABILITY INSURANCE 2/26/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI: CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE.' BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement of this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: JEFF KOZARSKY PG Genatt Group LLC PHONE FAX 3333 NEW HYDE PARK RD A/C No Ext: 516-869-8788 A/C,No:1-516-706-2973 SUITE 409 ADDE-MRESS: JKOZARSKY@GENATTGRP.COM NEW HYDE PARK NY 11042 INSURER(S)AFFORDING COVERAGE NAIL# INSURERA: Great American Insurance Company 16691 INSURED INSURERB: Commerce& Industry Insurance Company 19410 Underwater Engineering Services, Inc. INSURERC: Endurance American Insurance Company 10641 3306 Enterprise Road Suite 203 INSURERD: New York Marine&General Insurance Company 16608 .� Fort Pierce FL 34982 INSURERE: LLJ INSURER F: COVERAGES CERTIFICATE NUMBER:1462431351 REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOI INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI: CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY OMH8915785 2/28/2021 2/28/2022 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR Approved Risk Management w th Attach ents PREMISES Ea occurrence $100,000 X Contractual Liab MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 O GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 RO- POLICY jECT LOC 4-9-2021 PRODUCTS-COMP/OP AGG $2,000,000 y OTHER: $ W A AUTOMOBILE LIABILITY CAP3035751 2/28/2021 2/28/2022 COMBINED SINGLE LIMIT $1,000,000 Ea accident )( ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident .„,. X $1,000 COMP X $1,000 COLL $ D )( UMBRELLALIAB X OCCUR ML2021MEE00205 2/28/2021 2/28/2022 EACH OCCURRENCE $4,000,000 > OMX10004639807 2/28/2021 2/28/2022 O EXCESS LABCLAIMS-MADE AGGREGATE $4,000,000 DED X RETENTION$1, nnn $ g WORKERS COMPENSATION WC33464099 2/28/2021 2/28/2022 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 1 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Maritinn Endt/Jones Act WC33464099 2/28/2021 2/28/2022 Limit $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) (F) HULL POLLUTION-GREAT AMERICAN INS.CO. POLICY#OMH3491629 02/28/21-2/28/22$5,000,000 LIMIT (G)P&I/HULL LIABILITY-GREAT AMERICAN INS. CO. POLICY#OMH8915912 02/28/21-2/28/22$1,000,000 LIMIT US LONGSHORE&HARBOR WORKERS ACT COVERAGE IS PROVIDED UNDER FORM NUMBER WC000106A (H)INLAND MARINE-XL SPECIALTY INSURANCE COMPANY POLICY#UM00083574MA21A 02/28/21-2/28/22$500,000 FOR LEASED/RENTED EQUIPMENT$1,000 DEDUCTIBLE-REPLACEMENT COST (1) PROFESSIONAL LIABILITY, POLICY#PUNDE000421,CARRIER: LLYODS OF LONDON,TERM:02/28/21-2/28/22$1,000,000 EACH CLAIM,$1,000,OC AGGREGATE See Attached... CERTIFICATE HOLDER CANCELLATION 30 day notice applies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 2798 Overseas Highway, Suite 400 AUTHORIZED REPRESENTATIVE Marathon FL 33050 A 4 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1410 AGENCY CUSTOMER ID: LOC#: AC"J?" ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED PG Genatt Group LLC Underwater Engineering Services, Inc. 3306 Enterprise Road POLICY NUMBER Suite 203 Fort Pierce FL 34982 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE RE: Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures and Marine Debris Additional Insured Status Encompasses General Liability,Automobile& Umbrella Coverage as required by written contract.Waiver of Subrogation Status Encompasses General Liability,Automobile, Umbrella and Workers Compensation Coverage as required by written contract.Monroe County is included as ^� additional insured as required by written contract. N x O CJ O T) I tJ ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 1411