1st Amendment 08/15/2018MEMORANDUM
OFFICE OF THE COUNTY ATTORNEY
1111 12"'Street, Suite 408, Rey West, FL 33040
Phone (305) 292-3470/Fax (305) 292-3516
TO: Gabi West
Executive Administrator
FROM: Abra Campo;_
Executive Administrator
DATE: August 21, 2018
SUBJECT: Adventure Environmental Amendment 1 (8/15/18; Item T4/4604)
Enclosed for execution by the County Administrator, one (1) original Amendment No. 1 to a
contract with Adventure Environmental, Inc., for removal of marine debris created by Hurricane
Irma from canals in unincorporated Monroe County, City of Marathon and Village of
Islamorada.
Upon execution please scan me a copy and forward original to Pam Hancock at the Clerk's
Office.
Thank you for handling.
County ®f Monroe
The Florida Keys
Monroe County
Board of County Commissioners
Office of the County Administrator
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 205
Key West, FL 33040
(305) 2924441— Phone
(305) 2924544 - Fax
To: Pam Hancock
Deputy Clerk
From: Gabi West
Executive Administrator
Date: August 22, 2018
r BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tern Syl-6a J. Murphy, District 5
_ Danny L. Kolhage, District I
George Neugent, District 2
Heather Carruthers, District 3
MEMORANDUM
Subject: Adventure Environmental Amendment 1(08/15/18; Item T4/4604).
Enclosed for execution, one (1) original Amendment No. 1 to a contract with Adventure Environmental,
Inc., for removal of marine debris created by Hurricane Irma from canals in unincorporated Monroe
County, City of Marathon, and Village of Islamorada.
Thank you.
AMENDMENT NO. 1
TO THE
AGREEMENT FOR
MARINE DEBRIS REMOVAL
AS A RESULT OF HURRICANE IRMA
This Amendment NO. 1 to that Agreement ("Agreement") made and entered into on
August 15, 2018 by and between Monroe County, a political subdivision of the State of
Florida, hereinafter referred to as "COUNTY," through the Monroe County Board of County
Commissioners (`BOCC"), and Adventure Environmental, Inc. , its successors and assigns,
hereinafter referred to as "CONTRACTOR",
WITNESSETH:
WHEREAS, CONTRACTOR has agreed to provide marine debris removal and related
services, and/or dredging and/or trucking services, which services shall collectively be referred to
as the "Project"; and
WHEREAS, the parties agree to modify the amount of the bond to be provided by the
CONTRACTOR to more realistically reflect the amount of bonding coverage needed for active
Task Orders;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and CONTRACTOR agree as follows:
1. The bond limits in Paragraph 7.1 of the Agreement, Contract Sum, are revised from $25
Million to $17 Million. As a result, Paragraph 7.1 is revised in its entirety and replaced to
read as follows:
ARTICLE VII
COMPENSATION
7.1 CONTRACT SUM
The Contract Sum shall not exceed Thirty Five Million Dollars ($35,000,000.00) unless
amended by formal approval of the Monroe County BOCC. Monroe County does not
guarantee any minimum quantities in this contract. Monroe County reserves the right to
cancel this contract at any time when the County feels it is in the best interest to so for the
County. No charges shall be incurred by the County other than products or services that
were ordered, provided and agreed upon by the COUNTY.
The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown in the
Pricing Schedule in Attachment B.
The cumulative sum of active Task Orders issued by the County at no time shall exceed the
$17 Million bond limits of the CONTRACTOR. As Task Orders are successfully
completed, new Task Orders may be issued, as long as the cumulative total of active Task
Orders does not exceed the $17 Million bonding limit.
Paragraph 10.2 in the Agreement, Payment and Performance Bonds, and sub-
paragraphs 10.2.1 and 10.2.2, are revised in its entirety and replaced with the following:
10.2 PAYMENT AND PERFORMANCE BOND:
The Contractor shall furnish a payment and performance bond in the amount of $17 million
prior to issuance of the contract. The bond must be issued by an A rated surety company
doing business in the State of Florida. The bond shall serve as a guarantee for the faithful
performance of the contract (including guarantee and maintenance provisions) and the
payment of all obligations thereunder. The contract is subject to the provisions of F.S.
255.05, which are incorporated by reference herein.
3. In all other respects, the provisions of the Agreement remain unchanged and in full
force and effect.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year indicated.
(SEAL) MONROE COUNTY
Attest: Kevin Madok, Clerk
By: By: li
Deputy Clerk Roman Gastesi, County Administrator
Date:
ADVENTURE ENVIRONMENTAL INC.,
Rn
Print nand andtitle`—Ore�y Tolpin, VP
By: A 0 !�k
WITNESS
Print name: Paul Lawry