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1st Amendment 05/22/2019 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: June 3, 2019 TO: Rhonda Haag, Director Sustainability& Projects Lindsey Ballard, Aide to the County Administrator FROM: Pamela G. Hancock, D.C. SUBJECT: Mav 8'/Mav 22' BOCC Meetings Attached are electronic copies of the following items for your handling: Mav 8�/Item C3: Contract with Adventure Environmental, Inc. the top ranked vendor for marine debris removal services for plugged and non-plugged canals in an amount of$200,000.00; funded by grants LP44073, LP44074 and SDO05 from the Florida Department of Environmental Protection. Mav 22'/ Item U1: Amendment No. 1 to the Contract with Adventure Environmental, Inc. for marine debris removal services for plugged and non-plugged canals, to lower the bonding limits to reflect the contract amount. Should you have any questions,please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT NO. 1 TO THE AGREEMENT FOR MARINE DEBRIS REMOVAL AS A RESULT OF HURRICAN IRMA BETWEEN MONROE COUNTY BOARD OF COUNTY COMMISSIONERS AND ADVENTURE ENVIRONMENTAL,INC. This Amendment No.1 to the Agreement for Marine Debris Removal as a Result of Hurricane Irma("Agreement")is made and entered into on May 22,2019 by and between Monroe County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY" through the Monroe Board of County Commissioners ("BOCC") and Adventure Environmental, Inc., its successors and assigns, hereinafter referred to as "CONTRACTOR" (collectively hereinafter referred to as the `Parties"). WITNESSETH: WHEREAS, on May 8, 2019, the Parties entered into the Agreement, by which the CONTRACTOR agreed to provide marine debris removal and related services as defined in the Scope of Services contained in Article II and Attachment A to the Agreement,which services shall collectively be referred to as the"Project";and WHEREAS, Article VII of the Agreement specifies that the maximum amount of compensation to be paid to the CONTRACTOR under the Agreement is $200,000.00,and WHEREAS, Section 255.05, Florida Statutes,provides that person entering into a formal contract with any county for a public work is required to furnish a payment and performance bond with a surety insurer authorized to do business in the state, and Section 255.05(1)(g)1. further states that the amount of the bond shall equal the contract price; and WHEREAS, Section 10.2.1 of the Agreement currently requires the CONTRACTOR to furnish a payment bond in the amount of one million dollars ($1,000,000.00), and Section 10.2.2 requires the CONTRACTOR to furnish a performance bond in the same amount, which is more than the contract price; and WHEREAS, the Parties agree to modify the amount of the bonds to be provided by the CONTRACTOR to make the amount of bonding coverage equal to the contract price, thus 1 requiring the CONTRACTOR to furnish a performance and payment bond in the amount of $200,000, or separate performance and payment bonds in the amount of$200,000 each; 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 10.2.1 of the Agreement, Payment and Performance Bonds are revised from One Million Dollars ($1,000,000.00)to Two Hundred Thousand Dollars ($200,000.00). As a result, Paragraph 10.2.1 is revised in its entirety and replaced to read as follows: 10.2 PAYMENT AND PERFORMANCE BONDS 10.2.1 The Proposer shall be required to furnish a payment bond equal to Two Hundred Thousand Dollars ($200,000.00) or the Task Order cost, whichever is higher, prior to issuance of the contract. The bond must be issued by an A rated surety company doing business in the State of Florida. 2. Paragraph 10.2.2 is unchanged and will require the CONTRACTOR to furnish a performance bond in the amount of$200,00.00. 3. In all other respects, the provisions of the Agreement remain unchanged and in full force and effect. [THE BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK.] 2 il. ,Fr- • SS WHEREOF, each party has caused this Agreement to be executed by its duly ,r'`' ,...I'll , presentative on the day and year indicated. '': ." i ; : MONROE t_, _' COUNTY BOARD OF l• ? it COUNTY COMMMISSIONERS % 'fG; • 4� ->m Madok, Clerk ,/ ;:lieedfrel..... By: �"' i.' By: / Deputy Clerk • Date: ra 2,1' iv t 1 Ai ADVENTURE ENVIRON �cc n ri i i n�� � . O • z ° SEALm � By: By: • �o:.tG ���,,=cam; 'TNESS �i`/.t FL0119„0`\�� ��iintttttttt " Print name: CI-vr.,)1 a fi\\,,. Colt/" Print name and title: n 1� By: 426:4_, L L.Le., r = rn WITNESS , t : o CO CDC-)• i0 Print name: I CA cry VrZ�' C 1-& i }ht APPROVED AS TO FORM: MONROE COUNTY ATTORNEY'S OFFICE Digitally signed by Cynthia L.Hall DN:cn=Cynthia L.Hall, adiagei • ' ' o=Monroe County BOCC,ou, • email=hall- cynt h i a@ m o n ro a co u my-fl.g ov, c=US Date:2019.05.13 14:35:58-04'00' II 3