Item T4 ,41 BOARD OF COUNTY COMMISSIONERS
County of Monroe k ,, Mayor David Rice, District 4
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The Florida Keys
Mayor Pro Tem Sylvia J. Murphy, District 5
t =^ ca = Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Summary #4604 1 '�
ADD ON DAY OF MEETING
BULK ITEM: Yes DEPARTMENT: Sustainability
TIME APPROXIMATE: STAFF CONTACT: Rhonda Haag (305) 453 -8774
N/A
AGENDA ITEM WORDING: Approval to enter into a 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; to modify the
amount of the bond; and approval for the County Administrator to execute the Amendment and
future documents.
ITEM BACKGROUND: This item allows the bond amount to be modified from $25 Million to
$17 Million. The revised amount more realistically reflects the cumulative amount of anticipated
task orders that are active at any one time. Active Task Orders will not exceed $17 Million
cumulative at any time.
PREVIOUS RELEVANT BOCC ACTION:
05/16/18: Discussion and direction and retroactive approval to submit a Request for Proposals
(RFP) for marine debris removal and related services, which will be used to perform work funded by
a grant in the amount of $45.8 million from the United States Department of Agriculture (USDA)
Natural Resources Conservation Service (NRCS), Emergency Watershed Protection (EWP)
program, if awarded, to cover removal of marine debris created by Hurricane Irma from canals and
nearshore waters in unincorporated Monroe County, City of Marathon and Village of Islamorada,
with a 25% County match.
07/18/18: Approval to enter into a contract with the #1 ranked vendor, Adventure Environmental,
Inc., in an amount not to exceed $35 Million, for removal of marine debris created by Hurricane
Irma from canals in unincorporated Monroe County, City of Marathon and Village of Islamorada;
also, authority to negotiate and enter into a contract with the next highest vendor(s), in rank order, if
necessary.
CONTRACT /AGREEMENT CHANGES:
Lowers amount of payment /performance bond from $25 million to $17 million
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Amendment No. 1 (2)
FINANCIAL IMPACT:
Effective Date: August 15, 2018 Expiration Date: N/A
Total Value of Amendment: $0
Total Dollar Value of Original Contract: Not to exceed $35,000,000
Total Cost to County: N/A Current Year Portion: N/A
Budgeted: N/A
Source of Funds: N/A CPI: No
Indirect Costs: Staff Time to manage the work
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: N/A
Additional Details: N/A
REVIEWED BY:
Rhonda Haag Completed 08/07/2018 5:31 PM
Cynthia Hall Completed 08/07/2018 5:54 PM
Budget and Finance Completed 08/07/2018 7:14 PM
Maria Slavik Completed 08/08/2018 8:14 AM
Kathy Peters Completed 08/08/2018 9:27 AM
Board of County Commissioners Pending 08/15/2018 9:00 AM
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
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 ",
WITNES SETH:
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.
1
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
2. 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:
Deputy Clerk
Date:
ADVENTURE ENVIRONMENTAL INC.,
By: By:
WITNES S
Print name: Print name and title:
By:
WITNES S
Print name:
2