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1st Amendment 07/21/2021 Kevin Madok, CPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: July 30, 2021 TO: Celia I litcltins, Sr.Administrator Marine Resources FROM: Pamela Hanco°Cdl9'.`'. SUBJECT: July 21" BOCC 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. KS Amendment to Contract with Collin Marine Services, Inc., for the 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. K II Amendment to Contract with Ifndensater 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) 292-3.550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 50o 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 KEY WEST HARBOR 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 Key West Harbor Services, Inc. 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 July 31, 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 August 1, 2021, through August 31, 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 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 August 15, 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. 1 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 August 15, 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 limits not less than $1 million. Watercraft coverage shall also be included with limits not less than $1 million. 5. Section 9 of the August 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 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 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 2 of 5 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 August 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 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 August 15, 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. 3 of 5 11.3.9 No Obligation by Federal Government. The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor, or any other parry 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 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. 4of5 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. (SEAL) ' KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS OF MON t: oI'TY, •-a t. thelle dCu""ar As Deputy Clerk Mayor Michelle�Idt���-' WITNP,§SES: Key West arbor S ices, Inc. - ✓r `/Lt L By: ( - Print Nam • SE7 <4-4/212- Print Nar Scan Mot' _ {j� es 2. Title: 1 its( l y —_ : Print Name:IleS/26162140 MOANPRPOE CO T�O FORM i~ v c J L r D c STATE OF 'Rd✓ 14.-a- — -7 PETER MORRIS ASSISTANT COUNTY/ /21ATTORNEY COUNTY OF ML4/IIOC Date:T 694/I'' �iL e foregoing instrument was acknowledged and attested before me this day of to ( 2021,by Stain A-{OYfA... ,who is personally known to me or produced as proof of identification and did take an oath. /h- ^; xoury WeilcC6GierofyFlorida O .i.. 'nb Se Commission l GG)a99W •g _ My Comm.Expires Oct Fa,2022 R IondM through National Notary Ann. 5 of 5 Client#: 10751 KEYW DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 05/26/2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MICHAEL HANSSON NAME: SERRES,VISONE&RICE, INC PHONE FAX HONE No,Ext:212 349-3500 (vc,No): 2126085367 120 BROADWAY-SUITE 1330 E-MAIL ADDRESS: 212-349-3500 INSURER(S)AFFORDING COVERAGE NAIC# New York, NY 10271 INSURER A:GREAT AMERICAN INSURANCE COMPANY INSURED INSURER B:AMERICAN LONGSHORE MUTUAL ASSOC.,LTD KEY WEST HARBOR SERVICE, INC. INSURER CPROGRESSIVE INSURANCE COMPANY D/B/A TOW BOAT US KEY WEST INSURER D: P.O. BOX 413 INSURER E KEY WEST, FL 33041 INSURER F COVERAGES CERTIFICATE NUMBER: 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 CONTRACTOR 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X OMH185438503 08/24/2020 08/24/2021 EACH OCCURRENCE $1,000,000 CLAIMS-MADE �OCCUR Approved PickManagement PREMISES(E.occurrence) s50,000 X Marine Form c> MED EXP(Any one person) $5,000 �L PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT LOC ®27®2d21 PRODUCTS-COMP/OPAGG $1,000,000 OTHER: X OMH185438503 08/24/2020 08/24/2021 Jones Act $1,000,000 C AUTOMOBILE LIABILITY X 083644209 12/20/2020 12/20/2021 COEaMBINED ccidentS INGLE LIMIT $500r 000 a ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident Uninsured Mo $500,000 A UMBRELLA LIAB OCCUR X X OMH1854438603 08/24/2020 08/24/2021 EACH OCCURRENCE $1 000 000 X EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION X ALMA0192604 01/24/2021 01/24/2022 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Marine Package X X OMH185438503 08/24/2020 08/24/2021 Hull: $198,000 P&I: $1 MM Hull: $5,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Certificate Holder is included as an Additional Insured. Coverages Included: Hull, P&I,Towing,Salvage, Diver's Liability,Jones Act Coverage, Commercial Auto, Workers Compensation, USL&H, Excess Liability, &General Liability. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE "All ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S73988/M73620 MTH