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2nd Amendment 07/19/2017Kevin Madok, CPA r Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: August 2, 2017 TO: Rich Jones, Sr. Administrator Marine Resources FROM: Pamela Han k, .C. SUBJECT: July 19th BOCC Meeting Attached is a duplicate original, of each of the below, for your handling. I9 Amendment No.2 between Monroe County and Blue Water Marine Services, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. I10 Amendment No.2 between Monroe County and Coffin Marine Services, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. I11 Amendment No.2 between Monroe County and Lower Keys Marine Towing and Salvage, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. I13 Amendment No.2 between Monroe County and ASAP, Inc., providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off- premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating structures exhibiting off - premises marine signs. Should you have any questions, please feel free to contact me at extension 3130. cc: County Attorney Finance File ✓ KEY WEST MARATHON . PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305- 289 -6027 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305- 852 -7145 AMENDMENT NO.2 TO CONTRACT BETWEEN BLUE WATER MARINE SERVICES, INC. AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 19th day of July, 2017 between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC ") and Blue Water Marine Services, Inc. WITNESSETH: WHEREAS, on June 19, 2013, the parties entered into a non - exclusive Contract (Contract) for three years for the removal and disposal of derelict vessels, floating structures, and marine debris; and WHEREAS, the Contract was amended on May 18, 2016, extending the Contract for an additional two -year term through June 30, 2018; and WHEREAS, the Contract provides for removal and disposal of derelict vessels, floating structures and marine debris; and WHEREAS, the County desires to utilize the Contract to also provide for the removal and disposal of vessels which are not deemed derelict as applicable; and WHEREAS, the County desires to utilize the Contract to also provide for the removal, covering, or dismantling of off - premises signs on vessels or floating structures as applicable, and to provide for the removal, disposal, relocation and storage of vessels and floating structures displaying off - premises signs as applicable; and WHEREAS, the undersigned parties desire to enter into this Amendment No.2 including the above described provisions; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: The June 19, 2013 Contract is amended as follows: Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and carry out in a professional and proper manner the project including certain duties as described below. Duties consist of retrieval, removal, refloating and /or demolition and disposal of derelict vessels, floating structures and marine debris. Duties may also include 1) removal and disposal of non - derelict vessels, as applicable, and 2) to cover, remove and /or dismantle off - premises marine signs from vessels or floating structures, and, or to remove and dispose of, or relocate and store off- premises marine signs, or vessels or floating structures with off - premises marine signs, as applicable. This includes proper reclamation and disposal of associated hazardous waste and cooperation with law enforcement where needed to properly preserve evidence using photographs and other methods of preservation as directed by law enforcement. The project will be made up of individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end including the scheduling, labor, monitoring, providing necessary equipment and reporting progress to the County designee in the Marine Resources Office. When a vessel, off - premises marine sign, derelict vessel, floating structure or marine debris is identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details shall include, but not be limited to the location of the job, the nature of the debris, the size of the vessel or floating structure, whether the vessel or floating structure is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of the job and the time needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign the particular job. At no time will any CONTRACTOR be authorized to undertake a job without the express authorization of the COUNTY, in the form of a Task Order. In the event of an emergency job, such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the same day as the pricing request in order to expedite the job. The CONTRACTOR will provide all necessary and adequate equipment to complete the task including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTOR shall be responsible for the job site at all times during the work. CONTRACTOR is required to have active licenses required to fulfill the requirements of each particular job. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. It is the CONTRACTOR's responsibility to ensure that he removes the correct vessel, floating structure, or marine debris. Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall take representative photographs including the exterior (capturing any unique or identifying features such as registration numbers or name) and interior (if applicable) at the initial site. Representative photographs shall be taken during the removal and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of the CONTRACTOR, it is not safe to do so. Photographs should be properly dated, indicate the name of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY with invoicing. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. 2. All of the other terms, covenants, conditions, and provisions of said original Contract and subsequent Amendments, 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) 3 WHEREOF, the parties have set their hands and seal on the day and year Deputy Clerk *Name: w CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor /Chairman s I,na�vla 2.� D We Print Name: ��r� �eD STATE OF Blue Water Man ices, Inc: 3 0 '*t ° By: :z F= Print Name: 4,�/ �/!L O mo G) rn o C") c� S/W'e /77" o Title: Idl7 '< C-) Z n �'^•� o r MONROE COUNTY ATTORNEY � O AS TO*ORM Oa re: COUNTY OF I� � — & On this /,�� day of r 2017, before me the person whose name is subscribed above, and who produced " C� ,V as identification, acknowledged that he/ a is the pers ho executed the above Contract for the purposes therein contained. Y Print Name My commission expires: x 'wa-1 Seal MASSIELROMERO ;•, ltAY P .. Notary public -State of Florida Commission M GG 67775 �y • ` My Comm. Expires Jan 30, 2021 5 NatonalNoUryAssn. 4 Client#: 9682 BLUEWAT ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 1 6/16/2017 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 endorsement(s). PRODUCER Starkweather & Shepley (WE) Insurance, Inc. NAME: Linda J. Wagner PHONE 4015962212 401 -431 -9661 AIC No Ext : A/C No E -MAIL Iwa ner starshe ADDRESS: g p• CO PO Box 549 INSURER(S) AFFORDING COVERAGE NAIC # Providence, RI 02901 -0549 INSURER A: Travelers 25674 INSURED Blue Water Marine Services, Inc 14100 South West 256th Street, Ste 14 Homestead, FL 33032 INSURER B: GEN'L AGGREGATE LIMIT APPLIES PER: INSURER C $2,000,000 INSURER D PRODUCTS - COMP /OPAGG INSURER E OTHER: INSURER F : $ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POUC EFF POLICY EXP LTR INSR WVD POLICY NUMBER MM / DD MM/DD /YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY ZOL14T7985116ND 12/20/2016 1212012017 EEACH $1 , 000,000 CLAIMS -MADE OCCUR PREMISES Ea ence $100 1 000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $1 1 000 1 000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PR CT LOC O- POLICY JE PRODUCTS - COMP /OPAGG $1,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED P OPE $ HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? � NIA (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A P & I ZOL14T7985116ND 2120/2016 12/20/2017 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached K more space is required) P & I includes Jones Act, Collision, Towers & Salvors Liability Vessels: 1994 26' Silvership, 2003 24' Sea Ark, 2000 26' Silvership, 2001 27' Silvership, 2003 2 ' , AGEMEPIT Progressive Tug, 1997 28' Silverhsip, 2008 25' Catamaran and 2010 60' x 25' Barge. AP ED K Certificate Holder is included as Additional Insured ATIMA. y WAI Monroe County Board Of Commissioners Marine Projects Section 5100 College Road Key West, FL 33040 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 *440Ca. 9. (, o- 9. S A ACORD 25 (2014101) 1 of 1 #S968974/M894953 ©1988 -2014 ACORD CORPORATION. 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