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1st Amendment 06/16/2021 wu, 1 °( yiN Kevin Madok, CPA ... Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: June 22, 2021 TO: Alison Smith, Executive Assistant Planning & Environmental Resources FROM: Sally M. Abrams, D.C. SUBJECT: June 16th BOCC Meeting Attached, for your handling, is J12, Contract Amendment with Coral Construction Company for a 2-Year Extension to the Contract for the Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating Structures, and Marine Debris. Should you have any questions, please feel free to contact me at extension 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,Rorida 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 TO CONTRACT BETWEEN CORAL CONSTRUCTION COMPANY AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of June, 2021 between Monroe Co ty Board of County Commissioners and Coral Construction Company. WITNESSETH: WHEREAS, on Jul 18, 2018, the parties entered into a non-exclusive Contract (Contract) far the removal,refloating a�d/or demolition and disposal of derelict vessels, floating structures,and marine debris;and WHEREAS,said Cbntract is due to terminate on June 30, 2021; and WHEREAS,Sectio 1.1.8 of said Contract provides for,upon the mutual written consent of the parties, one additional t4'o(2)year term under the same terms and conditions;and WHEREAS,the undersigned parties desire to enter into this Amendment extending said Contract; and WHEREAS, exten$'on of said Contract is deemed in the best interest of the health, safety, and welfare of the citizens df Monroe County and the general public; NOW,THEREFORE,IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: 1. The Contract shall be Extended for the period July 1,2021,through June 30,2023. 2. Section 6.6 of the July 18,2018 agreement is hereby amended to read: FROM: Local Gove nment Prompt Payment Act. Payment will be made according to the Local Government Prompt payment Act.Any request for payment must be in a form satisfactory to the Monroe County Clerk o Court.The request must describe in detail the services performed,the payment amount requested,and supporting documentation,including copies of receipts from the transfer station. TO: Local Government Prompt Payment Act. Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the Monroe County Clerk o'Court.Acceptability to the Clerk is based on generally accented accounting principles and such laws,rules,and regulations as may govern the Clerk's disbursal of funds The request must describe in detail the services performed,the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 3. Section 7.1.6 of the Jt y 18,2018 agreement is hereby amended to read: FROM: The Monroe ounty Board of County Commissioners shall be named as Additional Insured on all of the CONT CTOR's insurance policies issued to satisfy this Contract's requirements,except for W rkers' Compensation. I of 5 TO: The Monroe County Board of County Commissioners shall be named as Additional Insured on the CONTRACTOR's Commercial General Liability and Business Automobile Liability insurance policies issued to satisfy this Contract's requirements,except for Workers' Compensation. 4. Section 7.5 of the July 18,2018 agreement is hereby amended to read: FROM: 7.5.0 Jones Actor Watercraft Coverage is Required TO: 7.5.0 Jones Act,Longshoremen and Watercraft Coverage is Required FROM: 7.5.1 Jones Act Coverage. Recognizing that the work governed by this contract involves Maritime Operatiqns,the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for maims subject to the Federal Jones Act(46 U.S.C.A. subsection 688) with limits not less than$1 million. TO: 73.1 Jones Act,Longshoremen and Watercraft Coverage.Recognizing that the work governed by this Agreemert involves Maritime Operations, the CONTRACTOR's Workers' Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act (46 U.S.C.A. subsection 683)and the United States Longshoremen and Harbor Workers(USL&H) Act(33 USC sections 901-950)with limits not less than$1 million. Watercraft coverage shall also be included with limits not ess than$1 million. 5. Section 9 of the July 18, 2018 agreement is hereby amended to read: FROM: Maintenan e of Records, CONTRACTOR shall maintain all books,records, and documents directly pertine t to performance under this Contract in accordance with generally accepted accounting princi les consistently applied.Records shall be retained for a period of 7- years from the termination f this Contract or for a period of 3 years from the date of submission of the final expenditure report in accordance with 2 CFR §200.333,whichever is greater. Each party to this Contract or its authori d representatives shall have reasonable and timely access to such records of each other party o this Contract for public records purposes during the term of the Contract and for four years ollowing the termination of this Contract.If an auditor employed by the COUNTY or Monroe Co Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor ere spent for purposes not authorized by this Contractor, or were wrongfully retained by the ONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pur uant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the C UNTY. TO: Maintenan a of Records.CONTRACTOR shall maintain all books,records, and documents directly pertine t to performance under this Contract in accordance with generally accepted accounting princi les consistently applied.Records shall be retained for a period of 7- years from the termination f this Contract or for a period of 5 nears from the date of submission of the final expenditure report in accordance with 2 CFR§200.333,whichever is greater.Each party to this Contract or its authori d representatives shall have reasonable and timely access to such records of each other party o this Contract for public records purposes during the term of the Contract and for four years following the termination of this Contract. If an auditor employed by the COUNTY or Monroe Co Clerk of Court determines that monies paid to CONTRACTOR pursuant to this Contractor ere spent for purposes not authorized by this Contractor,or were 2 of 5 wrongfully retained by the QONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pu ant to Sec. 55.03,of the Florida Statutes,running from the date the monies were paid by the C UNTY. 6. Section 11.2.9 of the Ally 18,2018 agreement is hereby amended to read: FROM: Procurement of recovered materials as set forth in 2 CFR § 200.322. TO: Compliance ith Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR ust comply with section 6002 of the Solid Waste Disposal Act, as amended,by the Resource onservation and Recovery Act. The requirements of Section 6002 include procuring only item designated in guidelines of the Environmental Protection Agency (EPA)at 40 CFR part 247 t at contain the highest percentage of recovered materials practicable, consistent with maintaining satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the valu of the quantity acquired during the preceding fiscal year exceeded S10,000;procuring solid w to management services in a manner that maximizes energy and resource recovery;and este tithing an affirmative procurement program for procurement of recovered materials identifi d in the EPA guidelines. 7. Section 11.3 of the lurk 18,2018 agreement is hereby amended to add the following provisions: 11.3.5 Access to Records: ontractor/Consultant and their successors,transferees,assignees, and subcontractors acknowledg and agree to comply with applicable provisions governing the Department of Homeland S curity(DHS)and the Federal Emergency Management Agency's (FEMA)access to records, ccounts,documents, information, facilities,and staff. Contractors/Consultants m t 1.cooperate with any compliance review or complaint investigation conducted by DHS 2. Give HS access to and the right to examine and copy records,accounts, and other documents and source of information related to the grant and permit access to facilities, personnel,and other indivi als and information as may be necessary,as required by DHS regulations and other applic ble laws or program guidance. 3. Submit timely,complete,and accurate reports to the appr priate DHS officials and maintain appropriate backup documentation to support the reports. 11.3.6 DHS Seal,Logo an Flags: Contractor shall not use the Department of Homeland Security seal(s),logos,crests, or reproduction of flags or likeness of OHS agency officials without specific FEMA approval. 11.3.7 Changes to Contra.t: The Contractor understands and agrees that any cost resulting from a change or modification, charge order,or constructive change of the agreement must be within the scope of any Federal grant cr cooperative agreement that may fund this Project and be reasonable for the completion of the Ppject. Any contract change or modification,change order or constructive change must be approved in writing by both the COUNTY and Contractor. 11.3.8 Compliance with F,deral Law,Regulations,and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract.The contractor wil comply will all applicable federal law,regulations, executive orders, FEMA policies,procedures and directives. 3 of • 11.3.9 No Obligation by Fiederal Government.The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 11.3.10 Program Fraud a d False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's a ions pertaining to this contract. 11.3.11 Prohibition on ce ain telecommunications and video surveillance services or equipment as set forth In CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors may not obli ate or expend any federal funds to (I)Procure or obtain; (2)Extend or renew a contract to procure r obtain; or(3)Enter into a contract(or extend or renew a contract) to procure or obtain equipmen , services,or systems that uses covered telecommunications equipment or services as a substantial r essential component of any system,or as critical technology as part of any system. As described i Public Law 115-232,section 889,covered telecommunications equipment is telecommuni Lions equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidi or affiliate of such entities). (i)For the purpose of ublic safety, security of government facilities,physical security surveillance of critical infrastructure,and other national security purposes,video surveillance and telecommunicatio s equipment produced by Hytera Communications Corporation, Hangzhou Hikvision igital Technology Company,or Dahua Technology Company (or any subsidiary or affiliate f such entities). (ii)Telecommunicati or video surveillance services provided by such entities or using such equipment. ----/(iii)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense,in consultation with the Director of the National Intelligence or the Dir wtor of the Federal Bureau of Investigation,reasonably believes to be an entity owned or cor trolled by,or otherwise connected to,the government of a covered foreign country. 11.3.12 Domestic prefere al for procurements as set forth in 2 CFR§200.322.The COUNTY and CONTRACTOR shout ,to the great extent practicable,provide a preference for the purchase, acquisition,or use of goods products, or materials produced in the United States(including but not limited to iron, aluminum,s eel,cement, and other manufactured products). These requirements of this section must be include in all subawards including contracts and purchase orders for work or products under federal aw .For purposes of this section: (I)"Produced in the nited States"means, for iron and steel products,that all manufacturing processes, from the in ial melting stage through the application of coatings, occurred in the United States. (2)"Manufactured products"means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum;plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber;and lumber. 113.13 The Contractor is hpund by any terms and conditions of the Federally-Funded Subaward and Grant Agreement betwelen County and the Florida Division of Emergency Management. 113.14 The CONTRACTCR shall hold the Division and COUNTY harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement,to the extent allowed and requ Fed by law. 4 of 5 8. All of the other terms, covenants,conditions, and provisions of said original Contract,except those expressly modif ed and rendered inconsistent by this Amendment,remain in full force and effect and bindins upon the parties. 9. 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. b-v 4, This Amendment is bdtding on the successors and assigns of the parties. t ESS WHEREOF,the parties have executed this Contract as indicated below. if en as. MADOK,CLERK BOARD OF COUNTY COMMISSIONERS , nn nn OF MONROE C st&XJG. kA ilsl A S As D:r,uty Cler Mayo Mice e n WITNESSJiS: Coral Co s lion Co pany I. C ' By: n / . . Print Name: GCor9C Skean,Cfc Print Name:J iLt "yaSt r,� ,J 1., d�I L 2. iaT c!- J1L_t Lair _l Title: S l Print Name: Circa .S4pmEl Z MONROE COUNTY ATTORNEY T9Y�.D as TTOFORM emir Date: s +n+ STATE OF EllOh' c„ AlOUNTY OF I Y I WI(LIC_ The foregoing insnyitwnt)vas acki pwledged and attested before me this 4 S7 day of _Final 2021,by �i{�G[3Ul �Ycell' wh nay now me or produced C as proof oridettfffication an id take an oath. • 4/N►° IICINIl1aW191p1 _ Notary t al , QmYnaieGNION _ li; EtplaNtesomay N - cr ! 5 of 5 A . � DATE IMMODIYYYYI CERTIFICATE OF LIABILITY INSURANCE 0526/2021 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require art endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement's). PRODUCER CONTACT HOUSE NAME: PHONE 904-880-8881 Kelly White&Associates Insurance.LLCFAX C No FMI INC Nol: P.O.Box 350909 AIL ADDRFRs. kelly@!kwhiteinsurance.COm INSURER(S)AFFORDING COVERAGE NAICII Jacksonville FL 32235 INSURER A: Security National Insurance Company INSURED INSURER e: Travelers Property&Casualty Company Coral Construction Company INSURER c: Nautilus Insurance Company Po Box 500582 INSURER D: Wesco Insurance Company INSURER E: Kinsale Insurance Company 38920 Marathon Shores FL 33050 INSURER F. RLI Insurance Company COVERAGES CERTIFICATE NUMBER: C0RA2105260932460 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 ANOLSUBR POLICY EFF POLICY E%P LIMITS LTR TYPE OF INSURANCE INSn WW1 POLICY NUMBER IMMODNYYYI IMMIOONTYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 DAMAOI TO PREMISES(FaEoccumncel 100,000 CLAIMS-MADE QOCCUR 5,000 MED EXP(Any one person) A X X SES1794646 00 10/31/2020 10/31/2021 PERSONAL S ADV INJURY 1,000.000 GERERL AGGREGATE LIMIT APPLIES PER' Approved Risk Manageme nt GENERAL AGGREGATE 2.000,000 POLICY ❑jEC O LOC a' Sea-WA PRODUCTS.COMPIP AGO 2,000,000 E OTHERAUTOMOBILB coo (Ea accident) LIMIT S 1,000,000 5-27-2021 ANY 0 BODILY INJURY(Per pereonl $. B —OWNED ©SCHEDULED X BA4P029528 01/16/2021 O1/162022 BODILY INJURY(Per accident) E AUTOS ONLY AUTOS PROPERTY DAMAGE X HIREDAUTOS ©NON-OWNEDE ONLY AUTOS ONLY (Per �nll E 10,000 X UMBRELLA LIAR OCCUR EACH OCCURRENCE $ 1,000,000 C EXCESS LIAR CLAIMS-MADE AN059226 10/31/2020 10/31/2021 AGGREGATE E 1,000,000 DED RETENTION S WORKERSCOMPENSATION XISTTUTE X R ' USL&H 6006F AND EMPLOYERS' PROPRIETOR/PARTNER/EXECUTIVE yIN 1000,000 ANYCER/M IETOR EXCLUDED? N/A VVVVC3500602-20 12/12/2020 12/12/2021 EL.DISEASE SE-EA ET E D OFFICER/MEMBER EL DISEASE-EA FMPLOVEEb 1.000.000 IIfs.d<oryln Nand 1.000,000 DESCRIPTION Fer E L DISEASE-POLICY LIMIT E DESCRIPTION OF OPERATIONS below , Per Occurrence 81,000,000 E Contractor's Pollution X 0100119011-0 06/24/2020 06/24/2021 Aggregate 82.000,000 F Protection&Indemnity SO0197433 05/26/2021 05/26/2022 Per Occurrence 81,000.000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Addition.'Remarks Schedule,may be attached N more span Is requlndl Monroe County Bete-are included as Additional Insured as respects General Liability and Auto Liability policies, pursuant to and subject to the policy's terms,definitions,conditions and exclusions.All as required per written contract.Waiver of Subrogation on behalf of the certificate holder as required by written contract. Longshoreman Coverage is included under Worker's Compensation.Jones Act is included under the Protection&Indemnity Liability (Watercraft Liability). CFRTIFICATE HOI DER CANCEL!ATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC Insurance Compliance AUTHORIZED REPRESENTATIVE PO Box 100085-FX Duluth GA 30096 (.111 � - I ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD