Amendment 06/16/2021 artCt°^�` i Kevin Madok, CPA
Clerk of the Circuit Court& Comptroller— Monroe County, Florida
DATE: June 23, 2021
TO: Alice Steryou
Contract Monitor
FROM: Sally M. Abrams, D.C.
SUBJECT: June 16th 2021 BOCC Meeting
Attached, for your handling, is an electronic copy of Item.110, an Amendment to the
Contract with Lower Keys Marine Towing and Salvage, Inc.,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.
Item Jl I An Amendment to the Contract with Underwater Engineering Services, Inc.
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 lice to contact me at ext. 3550. Thank you.
cc: Facilities Supervisor
County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTHBUILDING
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 TO CONTRACT
BETWEEN LOWER KEYS MARINE TOWING AND SALVAGE, INC.
AND MONROE COUNTY,FLORIDA
THIS AMENDMENT TO CONTRACT is made and entered into this 16th day of June,
2021 between Monroe County Board of County Commissioners and Lower Keys Marine Towing and
Salvage, Inc.
WITNESSETH:
WHEREAS, on July 18, 2018, the parties entered into a non-exclusive Contract (Contract)
for the removal,refloating and/or demolition and disposal of derelict vessels,floating structures,and
marine debris;and
WHEREAS,said Contract is due to terminate on June 30,2021; and
WHEREAS,Section 1.1.8 of said Contract provides for, upon the mutual written consent of
the parties,one additional two (2)year term trader the same terms and conditions; and
WHEREAS,the undersigned parties desire to enter into this Amendment extending said
Contract; and
WHEREAS, extension of said Contract is deemed in the best interest of the health, safety,
and welfare of the citizens of 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 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 of 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 of Court. Acceptability to the Clerk is based on generally accepted
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 July 18, 2018 agreement is hereby amended to read:
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FROM: The Monroe County Board of County Commissioners shall be named as Additional
Insured on all of the CONTRACTOR's insurance policies issued to satisfy this Contract's
requirements,except for Workers' Compensation.
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 Act or 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 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 688)
with limits not less than$I million.
TO: 7.5.1 Jones Act,Longshoremen and Watercraft Coverage.Recognizing that the work
governed by this Agreement 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 688)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 less than$1 million.
5. Section 9 of the July 18,2018 agreement is hereby amended to read:
FROM: Maintenance of Records.CONTRACTOR shall maintain all books,records, and
documents directly pertinent to performance under this Contract in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a period of 7-
years from the termination of 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 authorized representatives shall have reasonable and timely access to such
records of each other party to 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 County Clerk of Court determines that monies paid to CONTRACTOR
pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were
wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together
with interest calculated pursuant to Sec. 55.03,of the Florida Statutes,running from the date the
monies were paid by the COUNTY.
TO: Maintenance of Records. CONTRACTOR shall maintain all books,records,and
documents directly pertinent to performance under this Contract in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for a period of 7-
years from the termination of this Contract or for a period of 5 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 authorized representatives shall have reasonable and timely access to such
records of each other party to this Contract for public records purposes during the term of the
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Contract and for four years following the termination of this Contract. If an auditor employed by the
COUNTY or Monroe County Clerk of Court determines that monies paid to CONTRACTOR
pursuant to this Contractor were spent for purposes not authorized by this Contractor, or were
wrongfully retained by the CONTRACTOR,the CONTRACTOR shall repay the monies together
with interest calculated pursuant to Sec. 55.03,of the Florida Statutes,running from the date the
monies were paid by the COUNTY.
6. Section 11.2.9 of the July 18, 2018 agreement is hereby amended to read:
FROM: Procurement of recovered materials as set forth in 2 CFR § 200.322.
TO: Compliance with Procurement of recovered materials as set forth in 2 CFR§
200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as
amended,by the Resource Conservation and Recovery Act. The requirements of Section 6002
include procuring only items designated in guidelines of the Environmental Protection Agency
(EPA)at 40 CFR part 247 that contain the highest percentage of recovered materials practicable,
consistent with maintaining a satisfactory level of competition,where the purchase price of the item
exceeds$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000;procuring solid waste management services in a manner that maximizes energy and
resource recovery; and establishing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
7. Section 11.3 of the July 18,2018 agreement is hereby amended to add the following
provisions:
11.3.5 Access to Records: Contractor/Consultant and their successors, transferees,assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security(DHS)and the Federal Emergency Management Agency's
(FEMA) access to records,accounts,documents,information,facilities, and staff.
Contractors/Consultants must 1. cooperate with any compliance review or complaint investigation
conducted by DHS 2. Give DHS access to and the right to examine and copy records, accounts, and
other documents and sources of information related to the grant and permit access to facilities,
personnel, and other individuals and information as may be necessary, as required by DHS
regulations and other applicable laws or program guidance. 3. Submit timely, complete, and
accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
113.6 DHS Seal,Logo and Flags:Contractor shall not use the Department of Homeland Security
seal(s),logos, crests, or reproduction of flags or likeness of DHS agency officials without specific
FEMA approval.
11.3.7 Changes to Contract: The Contractor understands and agrees that any cost resulting from a
change or modification, change order,or constructive change of the agreement must be within the
scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable
for the completion of the Project.Any contract change or modification,change order or constructive
change must be approved in writing by both the COUNTY and Contractor.
113.8 Compliance with Federal Law, Regulations,and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund all or a portion of the
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contract.The contractor will comply will all applicable federal law,regulations, executive orders,
FEMA policies,procedures,and directives.
113.9 No Obligation by Federal 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 and False or Fraudulent Statements or Related Acts.The contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)
applies to the contractor's actions pertaining to this contract.
11.3.11 Prohibition on certain telecommunications and video surveillance services or
equipment as set forth in 2 CFR§200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to(1)Procure or obtain;(2)Extend or
renew a contract to procure or obtain; or(3)Enter into a contract(or extend or renew a contract)to
procure or obtain equipment,services,or systems that uses covered telecommunications equipment
or services as a substantial or essential component of any system,or as critical technology as part of
any system.As described in Public Law 115-232,section 889,covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation(or any subsidiary or affiliate of such entities).
(i)For the purpose of public safety, security of government facilities,physical security
surveillance of critical infrastructure,and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hilcvision Digital Technology Company,or Dahua Technology Company (or any
subsidiary or affiliate of such entities).
(ii)Telecommunications 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 Director of the Federal Bureau of Investigation,reasonably believes to be
an entity owned or controlled by,or otherwise connected to,the government of a covered
foreign country.
113.12 Domestic preference for procurements as set forth in 2 CFR§200.322.The COUNTY
and CONTRACTOR should,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,steel,cement,and other manufactured products). These requirements of
this section must be included in all subawards including contracts and purchase orders for work or
products under federal award. For purposes of this section:
(1) `Produced in the United States"means, for iron and steel products,that all manufacturing
processes, from the initial 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.
11.3.13 The Contractor is bound by any terms and conditions of the Federally-Funded Subaward
and Grant Agreement between County and the Florida Division of Emergency Management.
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11.3.14 The CONTRACTOR 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 required by law.
8. All of the other terms,covenants,conditions,and provisions of said original Contract,except
those expressly modified and rendered inconsistent by this Amendment, remain in full force
and effect and binding 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.
eJ� . i,�''Amendment is binding on the successors and assigns of the parties.
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ALP. 1 SS WHEREOF,the parties have executed this Contract as indicated below.
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KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS
i OF MONROMMPANTX,ELO$[QA—
ti : Aoams 1eO
(iii Bo
Deputy Clerk Mayor Michelle Colduonon
WI SS Lower Ke M ' owing and Salvage,Inc.
Print e: ISA \\/AOw`YSO`A Print Name: tA&Jutt f eosb"-)---
2. A Title: �.�-1
Pant Name: AD'41, h A oai r t S e,ct MONROE COUNTY
NTYW. ATTORNEY
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STATE OF f, ILO A.D
COUNTY OF qO N 9..i.) 6 -
The foregoing instrument was acknowledged and attested before me this Zq day of;:,:'. NJ _
MOAtA 2021,by 1lA �1+/U e, ,C o is personally k Mtn m ac produced
f as proof of identification and did take. oath.`,';
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ACO CERTIFICATE OF LIABILITY INSURANCE DATE
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THIS CERTIFICATE IS ISSUED AS 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 INSURERS',AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT. R the Certificate holder Is an ADDITIONAL INSURED,the pollcy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and condigois 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 endoreemende).
CT Jordan Delmante
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Marshall&Sterling,Inc �EPRONE (MI PRE NaY (B45)4e5-7e04
110 Main Street ADDRESS ibelmonte®marM811SterIng.o301
IN WREIIISIAFFORONG COVERAGE new il
Poughkeepsie NY 12601 IRSURERA: StarNet Insurance C Mpany 40045
INSURED INSURERS:
Lower Keys Marine Tovnng&Salvage Inc. INSURERC:
DBA TowEoatUS Big Pine Key INSURER D:
PO BOX431 B54 INSURER!: _
Big Pine Key FL 33043 INWIRERF:
COVERAGES CERTIFICATE NUMBER: C12112295023 REVISION NUMBER:
THIS IS TO CF 11FY THAT TIE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDRION OF ANY CONTRACT OR OTHER DOCUMENT VATH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL DIE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
MP rases RANCE D PouCY NUMBER (MWDLDYYYY) (SEN Y En EDD(YY�
LW NS NW UNITS
C0aERCM!ffNERAL IIANLRY EACH OCCURRENCiniciAtw
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1,000,000
CWS6NADE OIXLOR PREMISE-51Ea[N,LrWO ml 2,SOD
)( Marine General Liablityl MEDExP Mynrepnml 500
A - Marina Operators Legal Liability Y BOUMM210242 01(31/2021 01/31/2022 PERsoNAL&Ace INJURY
—
n£MAGGREGATE OMIT APPLIES PER GENERAL AGGREGATE 2,000,000
Pour❑,P,Ec"GT n La I
4 Approved Risk Managerrent PRODUCTS-CWPAY AGO
OTHER: �/'/"
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DESCRIPTION OF OVERARMS;LOCAT NSIVEHICLES NCpN IB1.AM1WwW Renews YleduN,an be saws x nenepm Sr.ynM)
MOTMB County BOCC is an addional Insured,if reailred by a wtmen contRC1.
'SP-23 PSI Form including liabilities to crew under the Merchant Maine Act of 1920(the'JanesARO is provided under the Protection&Indemnity,a don
o'Prolec ion&In emnity sect On of the policy provides'Polygon Exclusion Buyback A caverage^
"Protection&Indemnity sepbn of policy provides VS Longshoreman and Harbor Workers Act Coverage"
"'Alain General Liability section of Nor policy provides'Pollution Limitation Endorsement coverage.—
CERTIFICATE HOLDER CANCELLATION
SHOULDANT OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC Insurance Compliance ACCORDANCE WITH THE POLICY PROVISIONS.
PO Box 100005-EX
AUTHORIZED LFRESENTATIVE
Duluth CA 30095 ft—t-Jam.
1
6198E-2015 ACORD CORPORATION. All lights reserved.
ACORD 26(2016103) The ACORD name and logo are registered marks of ACORD
CI CW A021011
CERTIFICATE OF INSURANCE
This certificate is issued for informational purposes only. It codifies that the policies listed in this document have
been issued to the Named Insured. It does not grant any rights to any party nor can It be used, In any way,to modify
coverage provided by such policies.Mention of this certificate does not change the teens,exclusions or conditions
of such policies.Coverage Is subject to the provisions of the policies, including any exclusions or conditions, regard-
less of the provisions of any other contract,such as between the certificate holder and the Named Insured.The limits
shown below are the limits provided at the policy inception.Subsequent paid claims may reduce these limits.
Certificate Holder Named Insured:
MONROE COUNTY BOARD OF COMMISSIONERS LOWER KEYS MARINE TOWING b SALVAGE
2798 OVERSEAS HWY INC
MARATHON, FL 33050-4277 PO BOX 431854
BIG PINE KEY FL 33043-1854
Automobile Liability
InnserName: Allstate Insurance Company
Policy Number. 64 8161419
1-Any Auto 2-Owned Autos Only 3-Owned Pdv.Pass.Autos Only
4-Owned Autos Other Thanpdv. 5-Owned Autos Subject to Na X 8-Owned Autos Subject too Compulsory UM Law
•Pass.Autos Only Fault
X 7-Spedfcally Described Autos iX 8-Hired Autos Only X 9-Non-owned Autos Only
----- Po&y-ENective Date: 04-28-2021 PaticyEp(mtion Dale: 09-28-2022
Limits Of 3 1,000,000 Combined Single Limit(each accident)
Insurance: &Per Person BIPerAcddent PD Per Accident
Desoiptlon of OperetensiLmationsfYehidestEndomemenbISpecial Provisions
Approved Risk Management
use
5-d-2n71
Interested Party Type: ADDITIONAL INSURED - OTHER
THIS CERTIFICATE DOES NOT GRANT ANY COVERAGE OR(OGHTS TO THE CEXIIFICATE HOLDER
IF THIS CERTIFICATE INDICATES THAT THE CERTIFICATE HOLDER IS AN AD DITIONAL INSURED,THE POLICY(IES)
M UST EITHER BE ENDORSED OR CONTAIN SPECIFIC LANGUAGE PROVIDING THE CERTIFICATE HOLDER WITH
ADDITIONAL INSURED STATUS.THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED ONLY TO THE EXTENT
INDICATED M SUCH POLICY IANGUAGE OR ENDORSEMENT.
Producer
MaK AGENCY INC
Authorized representative:
Date:34-26-21
Includes copyrighted material of Insurance Services Office,Inc.,with its permission
CI CW A021011 Allstate insurance Company Page 1 of 1
Car to Copy
20 Ira P4inon
MONROE COUNTY,FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements,as specified in the County's Schedule of Insurance
Requirements,be waived or modified on the following contract.
Connlacmr/Vendor: L saff&J‘Ct\ lS VNA,zi,t_(our �/sf7 fr S AZWIS"ct _1? 4
Project or Service: CA'rake--T UUS�c-\3
Addrss&Phone �� e '*•3
Adders&Phoned: ` ]?
G, ctc(" c., Fi , 3lc$ 3
General Scope of Work: Of-t't Qs(� VG"SSE S 0Ont:S
Reason for Waiver or iJE 1} 42F IA SL. A _Q__'SD fuES A - —IIsE ARE
Modification: raa,\\y cruse° 4 r _ .,ram r _t6c:.<<
p Perstrukismss, S%wYTf t eat--Corn) /uoN-
-eia h \fmala fnr yyrMla2 -,^,Qc aMtr 1
Policies Waiver or
Modification will apply to: K 11 ,,E //._.
Signature of Conlractodvendor. ..�G sn-,(aadZ _—
Dam: 12-30-2020 Approvedo�e X Not Approved
Risk Management Signature: ///� L �
Dale:
County Administrator appeal:
Approved: _., Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administrative Instruction 7500.7
104