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4th Amendment 09/15/2021 ��pwwap +', Kevin Madok, CPA .....-�. •sc= Clerk of the Circuit Court&Comptroller—Monroe County, Florida. DATE: September 28, 2021 TO: Celia Hitchins, Sr. Administrator Marine Resources Apr r FROM: Pamela Hanc. .C. j SUBJECT: September 15th BOCC Meeting Attached is an electronic copy of the following item for your handling: T10 4th Amendment to the Contract with On The Hook Marine Services LLC for Temporary Mobile Vessel Pumpout Services in the Upper Keys for an extension of two additional months through November 30, 2021, for a new total contract value of$174,978.16(increase of $24,996.88). 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 PIC/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 NO.4 TO CONTRACT BETWEEN ON THE HOOK MARINE SERVICES,LLC AND MONROE COUNTY,FLORIDA THIS AMENDMENT TO CONTRACT is made and entered into this 15th day of September 2021,between Monroe County Board of County Commissioners(hereinafter"MONROE COUNTY" or the"COUNTY") and On The Hook Marine Services,LLC(hereinafter"CONTRACTOR"). WHEREAS, the parties entered into a contract ("Agreement" or "Contract") on September 3, 2020, for temporary mobile vessel pumpout service exclusively for the Upper Keys (hereinafter the"service","services", or"program")with a service period through January 31,2021; and WHEREAS,Amendment No. 1 to the Contract was approved on January 20,2021,to extend the Contract through February 27, 2021 while MONROE COUNTY continued to seek a long-term vendor for mobile pumpout services in the waters of the Florida Keys; and WHEREAS,Amendment No.2 to the Contract was approved on February 17,2021,to extend the Contract through June 30,2021; and WHEREAS, Amendment No. 3 to the Contract was approved on June 16, 2021, to extend the Contract through September 30,2021; and WHEREAS,extending the expiration date of the Contract exceeded the threshold in Monroe County Purchasing Policy for competitive solicitations necessitating MONROE COUNTY to waive this provision which was approved by the COUNTY during its regular meeting of January 20,2021; and WHEREAS, the COUNTY was notified by the Florida Department of Environmental Protection (FDEP) that it intends to provide mobile vessel pumpout services in Monroe County for the state fiscal year 2021/2022 with funding provided by the Florida Legislature; WHEREAS,the FDEP is currently seeking a vendor to provide these services with a tentative award date in mid-October and,therefore, a service start date will not be known until such time; WHEREAS,the COUNTY desires to extend this Contract through November 30,2021,while FDEP determines the future of the service; NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,the undersigned parties agree as follows: 1. The recitals contained herein are true and correct and are hereby incorporated as if fully set forth herein. 2. The Agreement between the parties is made a legally effective part of this Fourth Amendment, except as expressly amended under this Amendment No.4. 3. Section 1.1.8 is hereby amended by revising the following sentence: FROM: "This Agreement shall be extended through September 30, 2021." 1 of TO: "This Agreement shall be extended through November 30,2021." 4. Section 3.1 is hereby amended as follows: FROM: The County, in consideration of the CONTRACTOR satisfactorily'performing and carrying out the objectives of the County as to/for providing temporary mobile vessel pumpout service for the Upper Keys, shall pay to the CONTRACTOR the sum of up to $149,981.28 DOLLARS for the term of this contract,based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)price of$76.21 per vessel pumped out. TO: The County,in consideration of the CONTRACTOR satisfactorily performing and carrying out the objectives of the County as to/for providing temporary mobile vessel pumpout service for the Upper Keys, shall pay to the CONTRACTOR the sum of up to $174,978.16 DOLLARS for the term of this contract,based on a minimum target quota of 164 pumpouts per month at a per unit(per pumpout)price of$76.21 per vessel pumped out. 5. All of the other terms, covenants,conditions,and provision of the Contract dated September 3,2020, except those expressly modified and rendered inconsistent by this Contract,remain in full force and effect and binding upon the parties. THIS SPACE INTENTIONALLY LEFT BLANK 2 of In Witness Whereof, the parties have executed this Amendment No. 4 to the above-referenced Contract as indicated below. n V r` 7x C'', ti r,>,� r ly;'�j)i=:k u c(SEAL). ? ,7 BOARD OF COUNTY COMMISSIONERS q%KEVIN MA))+OK, CLERK OF MONR : . , . ! DA 604 %Oki eill,t? As Deputy Clerk Mayor Michelle Coldiron MONROE CO ATTORNEY APP TO FORM On behalf of: On The Hook Marine Services, LLC . PETER MORRIS B ASSISTANT COUNTY ATTORNEY Christopher Webster, Owner Dater • By: 4 4 la i p' Signa Witness(Print ame) By t rn (0litHai,eI Signature: Witness(Print Name) STATE OF: I961a6L COUNTY OF: Iktn roe, Subscribed and sworn to (or affirmed)before me, by means of t 4ysical presence or❑ online notarization,on q 8 l2o2 I (date)by Chv Sf9�hci ,1. 1Neicefe r (name of affiant). He/She is personally known to me or has produced n(_ (type of identification) as identification.c i P��,lc1'U I��e NOTARY P LIC z _, My Commission Expires: 2)a-1 JaoaS W c... LL -,- u ell% MICHELLE RALEY ,... C:! -"=L..i ' EXPMEg:August 27.2025 I Cf) t. t-- 3 of ACOR" CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 08/24/2021 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 endorsement(s). PRODUCER CONTACT Jeff Searcy United Atlantic Insurance Group ACNE. Ext: (305)748-2134 a/c No): (305)768-0250 3426 Duck Avenue E-MAIL-ADDRESS: -MAIL e uai ADDRESS: jeff@uaigkw.com C g INSURER(S)AFFORDING COVERAGE NAIC# Key West FL 33040 INSURERA: CENTURY SURETY CO 36951 INSURED INSURER B On the Hook Marine Services, Chris Webster, Pump Out INSURER 7 930 Truman Ave#75 INSURER D: INSURER E: key west FL 33040 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 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MWDD/YYYY MWDD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000/waterci DAMAGE TO CLAIMS-MADE � OCCUR PREMISES (E.occurrDence) $ MED EXP(Any one person) $ A X ARG4512789 09/04/2021 09/04/2022 PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY jECT � LOC PRODUCTS-COMP/OP AGG $ X OTHER: "P Pollution Liabilty $ $1,000,000 AUTOMOBILE LIABILITY A I COMBINED SINGLE LIMIT $ SK Ea accident ANY AUTO By OWNED SCHEDULED -"- BODILY INJURY(Per person) $BODILY INJURY(Per accident) $ """�"' AUTOS ONLY AUTOS . 2 5 . 2 O 21 HIRED NON-OWNED ��" - PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident WOW -G—`" $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) VESSELS: PER SCHEDULE,TOTAL SCHEDULE VALUE: $17,796.00 VESSEL DEDUCTIBLE: $1,000.00 PROTECTION AND INDEMNITY/WATERCRAFT LIABILITY: LIMIT:$1,000,000.00 CSL POLLUTION LIABILITY: LIMIT:$1,000,000 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. 1100 SIMONTON STREET AUTHORIZED REPRESENTATIVE KEY WEST FL 33040 ° ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC"J?o ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED United Atlantic Insurance Group On the Hook Marine Services, Chris Webster, Pump Out POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance DEDUCTIBLE: $2,500.00 EXCEPT$5,000 WRECK REMOVAL ACORD 101 (2008/01) ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Dlgimlty signed by Jatlyn Flatt Jaclyn Flatt pate,'..'..'op.fl6g­-us" 08125/2021 00 Policy number: 026066081 Underwritten by: 41-Progressive Express Insurance Co. Certificate of Insurance Certificate Holder Insured Agent Additional Insured Monroe County and its board of county ON THE HOOK MARINE USAA INS AGCY INC commissioners SERVICES LLC 9800 FRDRCKSBRG HSVCW 1100 Simonton S 930 TRUMAN AVE#75 SAN ANTONIO TX78288 Key West, Florida 33040 KEY WEST FL 33040 (800)531-8722 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period(s)indicated.This certificate is issued for information purposes only. It confers no rights upon the certificate holder and does not change,alter,modify,or extend the coverages afforded by the policies listed below.The coverages afforded by the policies listed below are subject to all the terms,exclusions,limitations,endorsements,and conditions of these policies. Policy Effective Date: Policy Expiration Date: 09/17/2021 09/17/2022 Insurance covera®®(s) Ltrnits Bodily Injury Property Damage LiabilitylResidual Bodily Injury 300 Combined Single Limit Liability coverage UninsuredlUnderinsured Motorist Bodily Injury coverage 300 Combined Single Limit,Non-stacked Personal Injury Protection coverage $10,000 wl work comp-Named insured and relative Comprehensive coverage $1,000 Deductible Collision coverage $1,000 Deductible Description of Location/VehicleslSpecial Items Scheduled autos only 2004 Nissan Titan 1 N6AAO7B74N540184 Bodily Injury Property Damage Liability/Residual Bodily Injury Liability coverage 300 Combined Single Limit/ UninsuredfUnderinsured Motorist Bodily Injury coverage 300 Combined Single Limit,Non-stacked/Personal Injury Protection coverage$10,000 w/work comp-Named insured and relative/ Comprehensive coverage$1,000 Deductible/Collision coverage $1,000 Deductible 2004 Boat Trailer Bodily Injury Property Damage Liability/Residual Bodily Injury Liability coverage 300 Combined Single Limit/Personal Injury Protection coverage$10,000 wt work comp-Named insured and relative Certificate number 23721 MTGO81 Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. ... ,.: Form 5241(10102)