1st Amendment 07/21/2021 Kevin Madok, CPA
3t.
'q .. ;- Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: July 30, 2021
TO: Celia Hitchins, Sr. Administrator
Marine Resources
FROM: Pamela Hancoj).C.
SUBJECT': July 21'130CC Meeting
Attached is an electronic copy of each of die following items for your handling:
K7 Amendment to Contract with American I lnderwater Contractors, Inc., for the
Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
K8 Amendment to Contract with Collin Marine Services, Inc., for the Installation and
Maintenance of Aids to Navigation mid Regulatory Markers in Monroe County.
K9 Amendment to Contract with Coral Construction Company for the Installation and
Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
K 10 Amendment to Contract With Key West Harbor Services, Inc., for Installation and
Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
Kl 1 Amendment to Contract with I fnderwater Engineering Services, Inc.,for the
Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
Should you have any questions please feel free to contact me at (30.5) 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 TO CONTRACT
BETWEEN COFFIN MARINE SERVICES,INC.
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO CONTRACT is made and entered into this 21 st day of July,
2021 between Monroe County Board of County Commissioners and Coffin Marine Services, 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 under 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 maygovern 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:
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.
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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 $1 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 Iimits 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 parry 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
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
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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.
11.3.6 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.
11.3.8 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
contract. The contractor will comply will all applicable federal law, regulations, executive orders,
FEMA policies,procedures, and directives.
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11.3.9 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 CIaims 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 Hikvision 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.
11.3.12 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.
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.
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•
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.
10. This Amendment is binding on the successors and assigns of the parties.
;IN WITNESS WHEREOF, the parties have executed this Contract as indicated below.
rt
(SEAL) `
KUVINMADOK,CLERK BOARD OF COUNTY COMMISSIONERS
OF MONRO=
rs—
As Deputy Clerk Mayor Miche e Co diro
WITNES S: �^ Coffin Mar' e/f�r�'ic/es, ^c.
I. N ` l / n By. Qlw( V"
Print Name4rsm M �lL Print ame: o U
2. 1:4eonnokg, H q/YVi"1'I ✓r CP Title: - I i'e c,A cutPrint Name: '(ffolt/t- Nano ah MONROE CO ATTORNEY
APP TO FORM - `
STATE OF !-rr
/19-1 7/ dQ PETER MORRIS 'c: .
{{77 O ASSISTANT COUNTY ATTORNEY--: -
COUNTY OF/®/1}/ ✓}- Date: 7/1/21 -l`- w 2.
/'The foregoing instrumenj was acknoyvl dged and attested before me this 61 Vday 6f n c
/,r/r�i 2021, by Jj�61 V) en -ti- , who is personally known to me or produced
as proof of identification and did-take an oath.
Notary Public Seal ieni .. VANESSA HEDRICK
MY COMMISSION 4 0H49119
‘a EXPIRES'.October 06.2024
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ACn DATE 1/7/2021W)
`/ CERTIFICATE OF LIABILITY INSURANCE gq,p7,2gp,
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)ies)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 an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER CONTACT HOUSE
FAX No'
Kelly White&Associates Insurance,LLG PHONE 904-880-8881 FAX
P.O.Box 350909 ADDRESS: kelly@kwhiteinsurance.com
INSURERS)AFFORDING COVERAGE ANC it
Jacksonville FL 32235 INSURER A: RLI Insurance Co AM Best A+XI 13056
INSURED INSURER R: Travelers Property 8 Casualty Company
Coffin Marine Services,Inc INSURER C:
PO Box 430538 INSURER D: Everest National Insurance Company
INSURER E: Great American Insurance Company 16691
Big Pine Key FL 33043 INSURER F-
COVERAGES CERTIFICATE NUMBER: COFF21042709051004 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 T RMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IY EAR
ADDLINSD WBR POLIPOLICY NUMBER IMMIDCY EFF DIYYYYI IMMIODIYYYYI LIMIT
LTR TYPE OF
GENERAL LIABILITY
INSD WVD 1,000.000
X COMMERCIAL GENERAL EACH OCCU RRENCE
DREMSES RENTED 50.000
CLAIMS.MADE nOLCVR PREMISES( occurren'el
occvrtenr'el
X P&I Including Jones Act MED EXP I.Any one person) 5,000
A X Salvors Liability X MRP0200000 09/23/2020 09/23/2021 PERSONAL P.AOV INJURY 1,000.000
G�EML AGGREGATE LIMIT APPLIES PER' GENERAL AGGREGATE 2,000,000
n I POLICY ❑;Co- I LOC Approved Risk/ Manaement PRODUCTS-COMPIOP AGO 1,000,000
OTHER. °l2L � Pretection&Indemnity S1,000,000
„ -"BiLE LA22IDTY- COMBINED SINGLE LIMIT 1,000000
(Ea accident)
X ANY AUTO 4-28-2021 BODILY INJURY(Per person)
B OWNED SCHEDULED X BA4902R108 08/17/2020 08/17/2021 BooILY INJURY(Per accident)
AUTOS ONLY _AUTOS
"HIRED NNONOWNEDPROPERTY DAMAGE
XAUTOS ONLY XAUTOS ONLY er acOdenu
Personal Injury 10,000
UMBRELLA LAB OCCUR EACH OCCURRENCE
EXCESS LIAR CLAIMS-MADE AGGREGATE
DED RETENTIONS y
WORKERS COMPENSATION X PERTUTE X [p H :P
' {ILI}lyA
4$K&H'
AND EMPLOYERS'UABILITY YIN EL EACH ACCIDENT S 1,000.000
D OOFFICER/MEMBER PROPRIETOR/PARTNER/EXECUTIVE NIA 9700000381-201 12/21/2020 12/21/2021 1,000,000
Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S
DESCRIPTION OF OPERATIONS below E.L.DII yes.cleambe underISEASE•POLICY LIMIT S 1,000,WO
Per cc Schedule $1.000,000
E Vessel Pollution 0MH1440763 09/23/2020 09/23/2021
DESCRIPTOR OF OPERATIONS I LOCATIONS I VEHICLES (ACORD I DI,Additional Remarks Schedule,may W at-Wawa H mon apace Is nqul,ed)
Certificate Holder is listed as Additional Insured as required per written contract.
CFRTIFICATE HOLDER CANCELI ATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DEUVERED IN
Monroe County BOCG ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Highway AUTHORIZED REPRESENTATIVE
Ste 420
Marathon FL 33050 (.---j I,a,+l x\ :ham
I
O 1988-2015 ACORD CORPORATION. All Tights reserved.
ACORD 25 I2016/03) The ACORD name and logo are registered marks of ACORD