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1st Amendment 05/18/2016AMY REAVILIN, CPA CLERK Of CIRCUIT COURT &COMPTROLLER xaxrtoE coutm, FLORIDA DATE: July 29, 2016 TO: Mayte Santamaria Senior Director, Planning and Environmental Resources ATTN. • Rich Jones, Sr. Administrator/Marine Resources FROM: Cheryl Robertson Executive Aide to the Clerk of Court & Comptroller C At the May 18, 2016 Board of County Commissioner's meeting the Board granted approval and execution of the following Item 18Approval of Amendment to Contract (Amendment) between the Monroe County Board of County Commissioners (County) and Upper Keys Marine Construction, Inc. to provide derelict vessel, floating structure and marine debris removal services for an additional two year term. Enclosed is a duplicate original of the above -mentioned for your handling. Should you have any questions, please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305-295-3130 Fax: 305-295-3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305-289-6027 Fox: 305-289-6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852-7145 Fax. 305-852-7146 r� AMENDMENT TO CONTRACT BETWEEN UPPER KEYS MARINE CONSTRUCTION, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 18th day of May, 2016 between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and Upper Keys Marine Construction, Inc. WITNESSETH: WHEREAS, on June 19, 2013, the parties entered into a non-exclusive Contract (Contract) for the removal and disposal of derelict vessels, floating structures, and marine debris; and WHEREAS, said Contract is due to terminate on June 30, 2016; and WHEREAS, Section 3 of said Contract provides for, upon the mutual written consent of the parties, one additional two year term under the same terms and conditions; and WHEREAS, the undersigned parties desire to enter into this Amendment extending said Contract to remove and dispose of derelict vessels, floating structures, and marine debris; and WHEREAS, extension of said Contract to remove and dispose of derelict vessels, floating structures, and marine debris is deemed in the best interest of the health, safety, and welfare of the citizens of Monroe County and the general public; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: The Contract shall be extended for the period July 1, 2016, through June 30, 2018. 2. 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 full force and effect and binding upon the parties. Each 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. 4. This Amendment is binding on the successors and assigns of the parties. Remainder of page intentionally left blank Signature page to follow IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. HEAVILIN, CLERK RIM, LOM Clerk 7.29-�� WITNESSES: Print Name: 2. 2 Print Name: ..��/ i. STATE OF FlQt- 0, COUNTY OF mop rot BOARD OF COUN Y COMMISSIONERS OF MONROE C O IDA Mayo hai Upper y By: .- Print Name: Title: /,V MOAPP� E VED AS TD FORM PETER MORRIS ASSISTANTam= Y �' On this day of YI i 2016, before me the person whose name is subscribed above, and who produced On was U WYE, as identification, acknowledged that he/she is the person who executed the above Contract for the purposes therein contained. Notary Public �Cl�1Gi l C� ,Br�rv� Print Name My commission expires: 2 RCANDICE BROWNMY COMMISSION# FF109632EXPIRES: July 31, 2018 Seal Al ® . /`i`./ CERTIFICATE OF LIABILITY INSURANCE DATE,/YYYY) 016 6/13/2016 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 Arthur J. Gallagher Risk Management Services, Inc. 8333 NW 53rd Street Suite 600 CONTACT NAME: PHONE FAX No E-MAIL Miami FL 33166 INSURERS AFFORDING COVERAGE NAIC # INSURERA:United States Fire Insurance Com an 21113 INSURED Upper Keys Marine Construction, Inc. INSURER B :Everest National Insurance Com an 10120 INSURER C : echnology Insurance Com an , Inc 42376 INSURER D : PO Box 2790 Key Largo, FL 33037 INSURER E INSURER F : MBER 135670400 REVISION NuMt3tF(: COVERAGES CERTIFICATE NU CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. 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. INSRAUDESUOR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY 8351009019 2/9/2016 2/9/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $50,000 CLAIMS -MADE �X OCCUR MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 X POLICYFil PRO LOC JECT OTHER: B AUTOMOBILE LIABILITY CF4CA00664161 5/1/2016 5/1/2017 Ea accident IN E LIMIT$1,000,000 BODILY INJURY (Per person) $ X ANY AUTO VIED Y ISK AGEMENT BODILY INJURY (Per accident) $ x ALL OWNED X SCHEDULED AUTOS NON -OWNED B�/ PROPERTY DAMAGE Per accident $ X HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR WAIVER N/A Y ..._ EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I RETENTION $ H $ C WORKERS COMPENSATION TWC3547068 4/1/2016 4/1/2017 X STATUTE ER E.L. EACH ACCIDENT $500,000 AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N / A E.L. DISEASE - EA EMPLOYE $500,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - POLICY LIMIT $500,000 If yes, describe under DESCRIPTION OF OPERATIONS below A Protection & Indemnity 8351009019 2/9/2016 2/9/2017 P&I 1,000,000 Hull seeschedule Hull DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an Additional Insured as respects General Liability and Auto as per form GAI2298 (01/01)Blanket Additional Assured/Waiver of Subrogation required by contractProtection & Indemnity is proof of Jones Act coverage required by law Maritime Employers Liability: $1,000,000 Limit. Jones Act is provided. USL & H coverage is provided FICA I t MULUtK Monroe County BOCC 2798 Overseas Highway Ste. #420 Marathon FL 33050 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W l`J00-LU-I9 NI+VRN %0WRr%J F 1IVI - 11y11w 1cac..`... ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD DATE (MMIDD/YYYY) %`C)REP CERTIFICATE OF LIABILITY INSURANCE 6/13/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS BELOW CERTIFICATE THIS CERTIFICATE FOF INSURANCE DOESIRMATIVELY OR NOT LCONSTITUTE A CONTRACT BETWEEN Y AMEND, EXTEND OR ALTER THE OTHER ISSUINAGE G NSURER(S)TORDED BY HE POLICIES 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 PRODUCER krthur J. Gallagher Risk Management Services, Inc. 3333 NW 53rd Street Suite 600 Miami FL 33166 PHONE FAX A E-MAIL INSURERS AFFORDING COVERAGE NA INSURERA:United States Fire Insurance Com an 21113 INSURED Upper Keys Marine Construction, Inc. PO Box 2790 Key Largo, FL 33037 INSURERB:Everest National Insurance Com an 10120 INSURER C :Technolo Insurance Company, Inc 42376 INSURER D : INSURER E : _ COVERAGES CERTIFICATE NUIVItstK: lacw(u-rvv ...-..-•—•- .-_.-._____ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YVYY MMIDDIYYYY LTR A x COMMERCIAL GENERAL LIABILITY CLAIMS -MADE DI OCCUR 8351009019 2/9/2016 2/9/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $50,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GENERAL A EGATE '00(Mo GEN'L X I AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO LOC JECT El OTHER: PRODUCTS - P/OP AGG 000� SINLitr7LIMITt�. B AUTOMOBILE LIABILITY CF4CA00664161 5/1/2016 5/1/2017 GOTINED Ea accident r�'i-+ '000, BODILY INJURYVbr person) $ X ANY AUTO X ALL OWNED X SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS AUTOS BODILY INJUR ereccident) ._.. $ PROPERTY DA Per accident w $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURR EkPI r AGGREGATE $�/� DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBER EXCLUDED? N NIA TWC3547068 4l1/2016 4I1I2017 PEA X STATUTE ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYE $500,000 (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Protection & Indemnity 8351009019 2/9I2016 2/9/2017 E.L. DISEASE - POLICY LIMIT $500,000 P&I 1,000,000 seesc Hull seeschededule A Hull DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Certificate Holder is an Additional Insured as respects General Liability and Auto as per form GA12298 (01/01)Blanket Additional Assured/Waiver of Subrogation required by contractProtection & Indemnity is proof of Jones Act coverag requi*bMantime Employers Liability: $1,000,000 Limit. Jones Act is provided. USL & H coverage is provided APP EDMENT WAI !,CC I I A Monroe County BOCC 2798 Overseas Highway Ste. #420 Marathon FL 33050 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �f r„non once ernvn rnRPnROTIAN_ All riahts reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD