1st Amendment 07/21/2021 a,
::*,. � Kevin Madok, CPA
='r Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: July 30, 2021
TO: Celia Hitchins, Sr. Administrator
Marine Resources
FROM: Pamela Hanco-c ).L.
SUBJECT: July 21" ROCC Meeting
Attached is an electronic copy of each of the following items for your(handling
K7 Amendment to Contract with American Underwater Contractors, Inc., for the
Installation and Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
K8 Amendment to Contract with Coffin Marine Services, Inc., for due Installation and
Maintenance of Aids to Navigation and 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.
KIO Amendment to Contract with Key West Harbor Services, Inc., for Installation and
Maintenance of Aids to Navigation and Regulatory Markers in Monroe County.
K11 Amendment to Contract with Underwater 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(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
i
AMENDMENT TO CONTRACT
BETN' EEN CORAL CONSTRUCTIO COMP"A1V'li`'
AND 1M'IONROE COUNTY, FLORIDA
THIS AMENDMENT TO CONTRACT is made and entered into this 2l st day of July, 2021
between Mo• nroe County Board of County Commissioners and Oral Constriction Corn,pany.
WITNESSETH
WHEREAS,on August 15,2018,the parties entered into a non-exclusive Contract(Contract)
for the installation and maintenance of aids to navigation and regulatory markers in Monroe County,
and
WHEREAS, said Contract is due to terminate on August 31, 2021; and
WHEREAS, Sectio�a 1.1.8 of"said Contract provides for, upon the mutual written consent of
the parties, one additional two (2) year term under the sarne 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 lest interest of the health, safety,
and welfare of the citizens of Monroe County and the general public;
NOW,THEREFORE,IN O SIDERATION of the mutual covenants contained herein the parties
agree to as follows:
1. The Conti-act shal l be extended for the period September 1, 202 1, through August 3 1, 2023.
2. Section 6,6 of the August 15, 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 o `Court. The request roust describe in detail the services perfonnc , the
payment amount requested, and supporting documentation, including copies of receipts from the
transfer station.
TO— Local Cove n ment Prompt Payment Act. Payment will be made according to the
Local Government Prorr�pt ayment Act. Any request for payment roust be in a form satisfactory to
the Monroe County Clerk of curt. Acceptability to the Clerk is based o enerally accepted
accounting rind les and such laws rules and regulations as may overn the Clerk's disbursal of
funds. The request roust des rile in detail the services performed, the payment amount requested,
and supporting documentati ln, including: copies of receipts From the transfer station.
3. Section 7.1.6 of the. August 15, 2018 agreement is hereby amended to read:
FROM: The Monroe I County Board of County Commissioners shall be named as Additional
Insured on all of the CC)NT ACTOR's insurance policies issued to satisfy this Contract's
requirements, except for Workers' Compensation.
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i
TO, The Monroe County!Board of County Commissioners shall be named as Additional Insured
on the CONTRACTOR's, C�'mmerciaal General Liability and Business Automobile Liability
insurance policies issued to atisfy this Contract's requirements, except for Workers'
Compensation.
4. Section T5 of the Aug ist 15, 2018 agree►r►ent is hereby amended to read:
FROM: 7.5.0 Jones Act or Watercraft Coverage Is Required
TO: 7. .0 Janes Act, Longshoremen and Watercraft Coverage is Required
FROM 7. .1 Jones Act Coverage.. Recognizing that the work governed by this contract
involves Maritime Operatio►ls, the CONTRACTOR's Workers' Compensation Insurance Policy
shall include coverage for claims subject to the Federal Jones Act (46 U. .C:,A, subsection 699)
with limits not less than $1 ►pillion_
TO: 7.5.1 Janes Act, Lo gshorenien and Watercraft Coverage. Recognizing that the work
governed by this Agreernen .. involves Maritime Operations, the CONTRACTOR's Workers'
Compensation Insurance Policy shall include coverage for claims subject to the Federal Jones Act
(46 C.S.C,A,. subsection 68 ) and the United States Longshoremen and harbor Workers (l.1SL&FI)
Act (33 U�SC sections lull-9 fl) with limits not less than 1 million. Watercraft coverage shall also
be included with limits not lass than I million.
5. Section 9 of the Augu t 15, 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 9 f this Contract or for a period of 3 years from the date of submission of
the final expenditure report n 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 �611owina 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 ONTRACTCIR, 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 CC UNTY,
TO: Maintenance of Records. CONTRACTOR shall maintain all books, records, and
documents directly pertineni to performance under this Contract in accordance with generally
accepted accounting princip es consistently applied. Records shall be retained for a period of 7
years from the termination c�f this Contract or for a period of 5 years from the date of submission of
the final expenditure report to 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 tta this Contract for public records purposes during the term of the
Contract and for four years Following the termination ofthis Contract. If an auditor employed by the
COUNTY or Monroe County Clerk of Court determines that n-conies 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 ONTRACTOR, the CONTRACTOR shall repay the monies together
with. interest calculated pur�rant to Sec. 55.03, of the Florida Statutes, running from the date the
rnonies were paid by the COUNTY.
, Section 1 1.2.9 of the I ugust 15, 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 Barth in 2 CFR
200.322. CONTRACTOR must 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 rarely 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 vale I e of the quantity acquired during the preceding fiscal year exceeded
$10,000 procuring solid waste management services in a manner that maximizes enemy and
resource recover,; and estal�l i.shing an affirmative procurement program for procurement of
recovered materials identified in the EPA guidelines.
7. Section 113 of the Auigust 1 , 2018 agreement is hereby amended to acid the following
provisions:
11.3.5 Access to Records. ontractor/Consultant and their successors, transferees, assignees, and
subcontractors acknowledgc and agree to comply with applicable provisions governing the
Department ofI-lomeland Security (DHS) and the Federal Emergency Management .Agency's
(FEv1A) access to records, ecounts, documents, information, facilities, and staff.
Contractors/Consultants Waist 1. cooperate with any compliance review or complaint investigation
conducted by DHS 2. Give DFIS access to and the right to examine and cop, records, accounts, and
other documents and source:: of information related to the: grant and pert-nit 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. Subunit: timely, complete, and
accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to
support the reports.
11,3.E 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 DIIS agency officials without specific
FEMA. approval.
11. .7 Changes to Contract: The Contractor understands and agrees that any cost resulting from a
change or modification, change carder, or constructive change of the agreement must be within the
scope of any Federal grant or cooperative agreement tkiat 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 Lave, Regulations, and Executive Orders. This is an
acknowledgement that FE A financial assistance nnay 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,
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11..3.9 No Obligation by Federal Government. The Federal Goverriment 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 part pertaining to any matter resulting from the contract.
11.3.10 Program Fraud a ad False or Fraudulent Statements or Related Acts. The contractor
acknowledges that 31 U. .C, Chap. 38 (Administrative Remedies for False Claims andStatements)
applies to the contractor's ac ions pertaining to this contract.
11.3.11 Prohibition on cer ain telecommunications and video surveillance services or
equipment as set forth in 2,CFR § 200.216. Recipients and subrecip%ents and their contractors and
subcontractors may not obligate or expend any federal hands to (l) 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 telecorn unicat]ons equipment
or services as a substantial of essential component of any system, or as critical technology as part of
any system. As described in Public Law l 15-232, section 889, covered telecommunications
equipment is telecornmunicaiions equipment produced by Huawei Technologies Company or, TF
Corporation (or any ubsidia� or affiliate of such entities.),
(1) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other-national security purposes, video surveillance
and telecornmunicatior s equipment produced by Hytera Communications Corporation,
Hangzhou 1-likvision igital Technology Company, or Dalaua Technology Company (or any
subsidiary or affiliate o�f'such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(in) Teleconn-numcati s 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. Tile COUNTY
and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
acquisition, or use of goods,r roducts, 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 include in all subawards including contracts and purchase orders for work or
ww products under federal award. For purposes of this section:
(l) ``Produced in the 11 ifted States" means, for iron and steel products, that all manufacturing;
processes, from the mi 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 polyrner-based products such as
polyvinyl chloride pip aggregates such as concrete; glass, including optical fiber; and
lurnber.
11.3.13 The Contractor is bqund 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 c f the CONTRAC:TOR'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, ovenants, conditions, and provisions of said original Contract, except
those expressly modifi d and rendered inconsistent by this Amendment, remain in full force
and effect and binding pon the parties.
9. Each party agrees that hey have authority to execute this Amendment on behalf of each party
and represents and w ants that such person has the full right and authority to fully bind such
party to the terms and bligations of this Amendment.
10. This Amendment is bi ding on the successors and assigns of the parties.
,..11NrWITNESS WHEREO the parties have executed this Contract as indicated below.
(SEAL)
• KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS
OFM N•t•..: 'w • t T', • -a UAL,"
1� Illll/ij
As Deputy Clerk Mayor Michelle Coldiron
- i`^T"'ESSE • Coral Co on Corn
I. 41AleaS By:
Print Name: Geo • e ♦s.'t u -Z, Print Name: JCr. tyon.f
2. • _ . . _. Title: ?riz5 fat,t
Print Name: 'f' - 1L__,'. se Cit. MONROE CO ATTORNEY
APP TO FORM
STATE OF r —PETER MORRIS
ASSISTANT COUNTY ATTORNEY
COUNTY OF i Date: 7/1/21
The foregoing inst ,nt s acknyywledged and attested before me ---4ay of
t-"'W 2021,by .4 LA enJ ,who i ersonally known tb me or produced
as proof of identification and did take an oath.
—Aril tI W hartitarOY
Notary 'u•Iic Seal ^~' racemulans r
• {gimp FaI 71r.an
F"YIM'M'ww ..�
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.4COR®� CERTIFICATE OF LIABILITY INSURANCE0/2021
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(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 endorsements .
PRODUCER CONTACT HOUSE
NAME:
Kelly White&Associates Insurance, LLC PrtoNE Extli 904-880 8881 ,Fvc No
P.O-Box 350909 EDDREMAIL SS: y�kell kwhiteinsurance.com
A
INSURERS AFFORDING COVERAGE NAIC#
Jacksonville FL 32235 INSURER A: Security National Insurance Company
INSURED INSURER B: 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 INSURERF: RLI Insurance Company
COVERAGES CERTIFICATE NUMBER: CORA2106100934071 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 TYPE OF INSURANCE l S R POLICY NUMBER MW POLICY
POLICY EFF DYYYY MI LTR DfYYYY LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO RENTED
X CLAIMS-MADE OCCUR PREMISES I- iEagccurrn ,$ 100,000
MED EXP(Any oneperson) $ 5,000
A X X SES179464600 10/31/2020 10/31/2021 PERSONAL xADVINJURY `>; 1,000,000
G Approved Management EN'L AGGREGATE LIMIT APPLIES PER: -7,,� GENERAL AGGREGATE $ 2,000,000
X POLICY PRO- Y��Ce ue 2,000,000
JECT LOC PRODUCTS-COMPIOP AGG
OTHER_ $
AUTOMOBILE LIABILITY 7®1 1 COMBINED SINGLE LIMIT $ 1,000 000
.<n�2.,t1............................................................-....................................:.....................................
ANYAUTO BODILY INJURY(Per person) $
B OWNED X SCHEDULED X BA4P029528 01/16/2021 01/16/2022 BODILY INJURY(Per accident} $
AUTOS ONLY AUTOS
X HIRED V NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY (Per accident
PIP $ 10,000
X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 1,000,000
C EXCESS LIAB CLAIMS-MADE AN059226 10/31/2020 10/31/2021 AGGREGATE $ 1,000,000
QEQ I I RETENTION 5 $
WORKERS COMPENSATION X S'ATUrE X T OT H ER USL&H 6006E
AND EMPLOYERS'LIABILITY Y t N
ANY PROPRIETORIPARTNERtEXECUTI'JE E L EACH ACCIDENT $ 1,000,000
D OFFICERIMEMBER EXCLUDED? Y N t A WWC3500602-20 12/12/2020 12/12/2021
(Mandatory in NH) EL-DISEASE-EA EMPLOYEE $ 1,000,000
If yes.describe under 1,000,000
DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT $
E Contractor's Pollution X 0100119011-0 06/24/2021 06/24/2022 Per Occurrence $1,000,000
Aggregate $2,000,000
F Protection&Indemnity HUL0200301 05/26/2021 05/26/2022 Per Occurrence $1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Monroe County BOCC 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).
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS.
Insurance Compliance
AUTHORIZED REPRESENTATIVE
PO Box 100085-FX
Duluth GA 30096
Oc 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD
From: karinna.,kwhiteinsurance.com
To: monroecountyfl monroecountyfl(q�,Ebixxom
CC: chelseamiyons(w,yahoo.com
Subject: Copy of Certificate for Monroe County BOCC
Date: 6/10/20216:23:12 AM
Attachment(s):
Good Morning, Attached is the Ceritifate of insurance reflecting the Contractors Pollution
coverage for 2021-2022 renewal. Please let us know if anything additional is needed. Thank you,
Karin Sprague Kelly White & Associates Insurance, LLC RO. Box 350909 Jacksonville, FL
32235 904-880-8881 x 10') 904-544-0307 c www.kwhiteinsurance.col-n The best compliment
you can give, is a referral!