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2nd Amendment 10/18/2017Kevin Madok, CPA « Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: October 25, 2017 TO: Rich Jones, Sr. Administrator Marine Resources FROM: Pamela Hanc , . . SUBJECT: September 27th BOCC Meeting Enclosed is a duplicate original of Item H1, re -approved Amendment No.2 with Adventure Environmental, Inc., that was approved at the July 19, 2017 Board of County Commissioners meeting, due to a scriveners error with the Amendment No.2 (one missing page), for your handling. Should you have any questions, please feel free to contact me at extension 3130. cc: County Attorney Finance File ✓ KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 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 50 High Point Road Plantation Key, Florida 33070 305-852-7145 AMENDMENT NOI TO CONTRACT BETWEEN ADVENTURE ENVIRONMENTAL, 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 Adventure Environmental, 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: 1. The June 19, 2013 Contract is amended as follows: Section 1. SCOPE OF SERVICES The CONTRACTOR shall do, perform and cant' 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 uniqhu initiator es tifyine. Representative features such as registration numbers or name) and interior (if applicable) photographs shall be taken during the removal and again at the dump site prior to demolition. The CONTRACTOR shall not be required tdoake interior photos so. Photographs hou d be properly d ed, indof the vessel if, in the best icate ate the the CONTRACTOR, ment of it is not safe to name of the person taking the photographs, and a complete set of the photographs shall be voicing. Photographs are considered to be an integral part of the provided to the COUNTY with in 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 2 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. 3. 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) IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS ATTEST: KEVIN CLERK OF NROE COUNTY, FLORIDA Clerk Print Name: A e'� ' � ref STATE OF COUNTY Mayor/Chairman � o/ t q� ti o� 7 MONROE COUNTY ATTORNEY AP_A.S.TQAQBW Date: On thi day of�l�, 2017, before me the person whose name is subs tb d b ve, and who produced -- ' L as identification, acknowledged tha e/ he the person who executed the above Contract for the purposes therein contained. Not 1C "N• ANTHONY A COLARUSSO Notary Public - State of Florida y omm. xpires Aug 16, 2018 f Commission # FF 133078 Print Name '•�. „�• My commission expires: 4 Seal c--; t f*7 r- t� —n oca z� = rn o r � ADVEN-3 OP ID: NR .44COR0 �� CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/29/2017 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 BUTLER, BUCKLEY, DEETS INC. 6161 BLUE LAGOON DR., STE 420 MIAMI, FL 33126 William S. Bodenhamer CONTACT NAME: BILL BODENHAMER PHONE 305-262-0086 Nc No:305-262-0187 ac No Ext ADDRESS: BBODENHAMER@BBDINS.COM INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Progressive Express Ins. Co. INSURED ADVENTURE ENVIRONMENTAL INC 12895 SW 87 AVE MIAMI, FL 33176 INSURER B: Atlantic Specialty InSUranceCO INSURERC: INSURER D : INSURER E : 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 LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DDNYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY V Y RI MANAGEM NT PREMISES Ea occurrenENTRY ce $ CLAIMS-MADE1:1 OCCUR BY , MED EXP (Any one person) $ PERSONAL & ADV INJURY $ _ DATE GENERAL AGGREGATE $ y' Nf YES— GEN'L AGGREGATE LIMIT APPLIES PER: WAIV11 - PRODUCTS - COMP/OP AGG $ $ POLICY PRO LOC AUTOMOBILE LIABILITY EOMaBBIINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A ANY AUTO X 03515746-7 06/11/2017 06/11/2018 X ALL OWNED SCHEDULED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE PER ACCIDENT $ X H RT DSAUTOS X NON -OWNED AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE WC STATU- OTH- TORY LIMITS I I ER E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ B MARITIME EMPLOYERS B5JH24550 01/21/2017 01/21/2018 BI 1,000,00 LIABILITY BI BY ACC 1,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 30 DAYS NOTICE OF CANCELLATION EXCEPT FOR NON PAYMENT OF PREMIUM 10 DAYS NOTICE. ONROE COUNTY BOCC IS LISTED AS ADDITIONAL INSURED WITH REGARD TO AUTO LIABILITY. rFRTIPICATP wr11 nF:p CONCFLL_OTION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE MONROE COUNTY BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MARINE RESOURCES OFFICE 2798 OVERSEAS HWY #420 AUTHORIZED REPRESENTATIVE MARATHON, FL 33030 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ADVEN-1 OP ID: GB ACCORD' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) Fos127/2017 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 Accessible Marine Insurance 1145 Robert E Lee Blvd CONTACT NAME, John W. Fisk Company PoHiCDNo EXt ; 504-486-5411 A,X No): 504-482-1475 New Orleans, LA 70124 Eric S. Green E-MAIL insure@jwfisk.com ADDRESS: �J INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:ROckhlll Insurance Company _ INSURED Adventure Environmental Inc. INSURER B: Great American Ins. Company 22136 Greg Tolpin 12895 SW 87th Ave. wsuRERc: INSURER D : Miami, FL 33176 INSURER E : 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 LTR TYPE OF INSURANCE DDL INSD UBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MMIDD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,00 CLAIMS -MADE n OCCUR X X ENVP007681-04 01I09/2017 01/09/2018 DAMAGE TO RENTED PREMISES Ea occurrence $ 50,00 MED EXP (Any one person) $ 5,00 PERSONAL & ADV INJURY $ 2,000,00 AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 GEN'L PRO JECT ❑ LOC POLICY 7 PRODUCTS - COMP/OP AGG $ 2,000,00 $ OTHER: AUTOMOBILE LIABILITY MBINED SLIMIT EaCOaccident $INGLE BODILY INJURY (Per person) $ ANY AUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS AUTOS PROPERTY DAMAGE Per accident $ NON -OWNED HIRED AUTOS r AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED I I RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ B Cont. Equipment IMP 5305782-01 01/26/2017 01/26/2018 Scheduled 432,96 B Hull/P&I Liability OMH841008-05 10/12/2016 10/12/2017 P&I Limit 1,000,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Certificate holder shown as additional insured with waiver of subrogation in their favor as required by written contract as respects insured's State of FL CGC: 1506411 D AGEMENT operations. A a4ER State of FL CUC: 1223905 BY W�G{ QL�I/►�y. " WAN A S_„_ r 1=PTIFIrATF I-IOI nFR CANCELLATION MONRO05 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. Marine Resources Office AUTHORIZED REPRESENTATIVE 2798 Overseas Hwy, #420 Marathon, FL 33050 41-z4lvlt0 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD ADVEN-1 PAGE 2 NOTEPAD INSURED'S NAME Adventure Environmental Inc. OP ID: GB Date 06/27/2017 tractors Pollution Liability: ims Made regate Limit: 2,000,000 h Contractors Pollution Condition Limit: 2,000,000 ofessional Liability: gregate Limit: 2,000,000 ch Professional Services Incident Limit: 2,000,000 General Liability Conditions: eductible Liability Endorsement xclusion - Testing or Consulting Errors and Omissions otal Pollution Exclusion Endorsement dditional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization xclusion-Violation of Statutes that Govern Emails, Fax, Phone Calls or ther Methods of Sending xclusion - Punitive or Exemplary Damages mended Waiver of Subrogation xclusion - Engineers, Architects or Surveyors xclusion - Exterior Insulation and Finish Systems xclusion - Professional Services rimary/Non-Contributory Coverage -Blanket - When req. by written contract dditional Insured - Managers or Lessors of Premises oxic Drywall Exclusion ndependent and/or Subcontractor Restriction tractors Pollution Liability (Claims -Made) Conditions: itional Insured - Owners, Lessees or Contractors (Broad Wording) nded Waiver of Subrogation is Drywall Exclusion fessional Liability Conditions: or Terrorism Exclusion itional Insured - Owners, Lessees or Contractors & Machinery / Protection & Indemnity: rms and Conditions applicable to All Sections: verability rms and Conditions applicable to Hull: I. Coastwise and Inland Hull Clauses liberage Damage (Pollution Hazard) gines & Machinery - ACV / Limited Perils Only Lay Up Warranty Release to Tower Warranty aworthiness Clause tal Loss Hull Premium Earned Clause soel Stability CERTIFICATE OF LIABILITY INSURANCE Date 6/27/2017 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. Holiday, FL 34691 rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the policies below. 1 (727) 938-5562 Insurers Affording Coverage NAIC # Insured: South East Personnel Leasing, Inc. & Subsidiaries 2739 U.S. Highway 19 N. Insurer A: Lion Insurance Company 11075 Insurer B: Insurer C: Holiday, FL 34691 Insurer D: Insurer E: Coverages 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. Aggregate limits shown may have been reduced by paid claims. INSR LTR ADDL INSRD Type of Insurance Policy Number Policy Effective Date Policy Expiration Date Limits (MM/DD/YY) (MM/DD/YY) GENERAL LIABILITY Each occurrence $ Commercial General Liability Claims Made ❑ Occur Damage to rented premises (EA occurrence) Med Exp Personal Adv Injury $ General aggregate limit applies per: Policy ❑Project ❑ LOC General Aggregate Products - Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) $ Any Auto Bodily Injury All Owned Autos (Per Person) Scheduled Autos Bodily Injury Hired Autos Non -Owned Autos (Per Accident) Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑ Claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2017 01/01/2018 X I WC Statu- OTH- Employers' Liability tory Limits ER E.L. Each Accident $1,000,000 Any proprietor/partner/executive officer/member E.L. Disease - Ea Employee $1,000,000 excluded? NO If Yes, describe under special provisions below. E.L. Disease -Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A- (Excellent). AMB # 12616 Descriptions of Operations/Locations[Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 80-65-323 Coverage only applies to active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that are leased to the following "Client Company": Adventure Environmental, Inc. Coverage only applies to injuries incurred by South East Personnel Leasing, Inc. & Subsidiaries active employee(s',, while working in: FL. Coverage does not apply to statutory employee(s) or independent contractor(s) of the Client Company or any other entity. A list of the active employee(s) leased to the Client Company can be obtained by faxing a request to (727) 937-2138 or by calI*B Project Name: INCLUDES USL & H. GREGORY J. TOLPIN, LICENSE NUMBERS CGC1506411 & CUC1223905 AS QUALIFIER. ISSU 6ENT At 3 2010 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY COMMISIONERS Should any of the above described policies be cancelled before the expiration date thereof, the issuing ATTN: MARINE RESOURCES OFFICE insurer will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to do so shall impose no obligation or liability of any kind upon the insurer, its agents or representatives. 2798 OVERSEAS HIGHWAY #420 MARATHON, FL 33030 v