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Item J6
J.6 Coty f � ,�� ,' BOARD OF COUNTY COMMISSIONERS �� Mayor David Rice,District 4 The Florida Keys � Mayor Pro Tem Craig Cates,District I y Michelle Coldiron,District 2 James K.Scholl,District 3 Ij Holly Merrill Raschein,District 5 County Commission Meeting June 15, 2022 Agenda Item Number: J.6 Agenda Item Summary #10661 BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Brittany Burtner (305) 289-2805 N/A AGENDA ITEM WORDING: Approval of a $297,843.00 Task Order to Coffin Marine Services, Inc., for the Removal and Disposal of a Derelict Vessel, Funded by an Interlocal Agreement with the Village of Islamorada. ITEM BACKGROUND: Task Order No. 2022-CMS-220 is for the removal and disposal of the 100-foot barge and crane in Cowpens Anchorage (FWC21ON0009805) at a total project cost of $297,843.00. This project is funded by an Interlocal Agreement ("ILA") with the Village of Islamorada ("Village") for derelict vessel removal services that was approved by the Board of County Commissioners ("BOCC", "Board", or "County") at the Board's April 20, 2022, public meeting. The Monroe County Planning and Environmental Resources Department's Marine Resources Office routinely hires marine contractors for the removal and disposal of derelict vessels. To provide for a competitive bid process for the hiring of qualified marine contractors, particularly in view of the potential to expend over $50,000 cumulatively to an individual marine contractor within a twelve- month period, the BOCC at its February 21, 2018, public meeting directed the Marine Resources Office's professional staff to advertise a Request for Qualifications ("RFQ") in order to qualify vendors (i.e., to pre-qualify marine contractors to remove and dispose of derelict vessels). The BOCC later approved seven vendors at the Board's June 20, 2018,public meeting. Prior to execution of agreements/contracts with individual pre-qualified marine contractors to complete individual derelict vessel removal and disposal jobs (i.e., tasks), the Marine Resources Office sends out an Invitation for Quotes to the pre-qualified marine contractors (i.e., the marine contractors pre- qualified under the above-referenced RFQ)to provide quotes to perform and complete the individual derelict vessel removal/disposal jobs. The low quoting vendor/pre-qualified marine contractor is awarded the job and the Marine Resources Office issues it a Task Order thereto. Per the County's Purchasing Policy, the professional staff of the Marine Resources Office are requesting Board approval to issue this Task Order in the amount of $297,843.00 to Coffin Marine Services, Inc., to remove the above-referenced 100-foot barge and crane in Cowpens Anchorage. Packet Pg. 1973 J.6 PREVIOUS RELEVANT BOCC ACTION: June 2018 —Approval of selection of seven (7)firms for `Removal of Derelict Vessels and Marine Debris in Monroe County' including: Adventure Environmental, Inc., American Underwater Contractors, Inc., Arnold's Auto& Marine Repair, Inc., Coffin Marine Services, Inc., Coral Construction Company, Lower Keys Marine Towing & Salvage, Inc., and Underwater Engineering Services, Inc. August 2018 —Approval of a contract with Coffin Marine Services, Inc. July 2021 —Approval of a 2-year contract extension with Coffin Marine Services, Inc. April 2022—Approval of an ILA with the Village of Islamorada in connection with derelict vessel removal services. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval. DOCUMENTATION: Kl_Islamorada ILA Task Order --- 100-Ft. Barge-and-Crane -- Cowpens Anchorage - FWC21ON0009805 Coffin_Derelict Vessel executed contract_thru 6-30-2023 2022 05 COI Coffine Marine Signed_approved by Risk FINANCIAL IMPACT: Effective Date: Upon Execution Expiration Date: 09/30/2022 Total Dollar Value of Contract: $297,843 Total Cost to County: $0 Current Year Portion: $0 Budgeted: No Source of Funds: Interlocal Agreement with Village of Islamorada CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: N/A If yes, amount: Grant: No County Match: No Insurance Required: Yes Additional Details: Village of Islamorada will obtain purchase order and pay vendor upon satisfactory completion of work. 05/18/22 NEW COST CENTER ADDED $90,862.00 Packet Pg. 1974 J.6 OMB will set up grant account 05/18/22 157-62520 - BOATING IMPROVEMENT $30,288.00 Total: $121,150.00 REVIEWED BY: Michael Roberts Completed 05/25/2022 4:30 PM Emily Schemper Completed 05/27/2022 9:57 AM Peter Morris Completed 05/27/2022 12:36 PM Purchasing Completed 05/27/2022 1:17 PM Budget and Finance Completed 05/31/2022 8:56 AM Brian Bradley Completed 05/31/2022 11:04 AM Lindsey Ballard Completed 05/31/2022 11:52 AM Board of County Commissioners Pending 06/15/2022 9:00 AM Packet Pg. 1975 Clerk of the Circuit Court& Comptroller— Monroe County, Florida DATE: April 28, 2022 TO: Brittany Burtner, Sr. Administrator Marine Resources FROM: Liz Yongue, Deputy Clerk 0 SUBJECT: April 20th BOCC Meeting U) U) Attached is an electronic copy of the following executed item. c2 Kl Interlocal Agreement between the Monroe County Board of County a� Commissioners and the Village of Islatuorada for Derelict Vessel Removal SerNrices with Florida Keys Stewardshipn Act funding provided by the Florida Department of Environmental Protection. "- Should you have any questions please feel free to contact me at (305) 292-3550. U) 4- 0 0 CL CL cc: County Attorney 0 Finance E File U) E c� KEY WEST MARATHON PLANTATION KEY PK/ROTH BUJILDING 5010 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 330,70 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 1976 J.6.a INTERLOCAL AGREEMENT BETWEEN MONROE COUNTY, FLORIDA,AND ISLAMORADA,VILLAGE OF ISLANDS, FLORIDA, FOR DERELICT VESSEL REMOVAL SERVICES THIS INTERLOCAL AGREEMENT (Agreement) is entered into as of this 20th day of April , 2022, between the Board of County Commissioners of Monroe County, Florida, a political subdivision of the State of Florida("COUNTY" or"BOCC") and Islamorada, Village of Islands, a municipal corporation of the State of Florida("CITY" or "VILLAGE"). WITNESSETH: > 0 WHEREAS, the COUNTY conducts derelict vessel removal services throughout waters 0 of the Florida Keys of Monroe County including within the various municipalities; and U) 0 WHEREAS, the COUNTY utilizes pre-qualified marine contractors for these services > who have specialized equipment,personnel and expertise for these technical services; and 0 WHEREAS,the COUNTY is authorized to conduct said services within the Florida Keys National Marine Sanctuary ("FKNMS")pursuant to FKNMS Letter of Authorization 42019-001- 0 Al; and WHEREAS, in 2018,the VILLAGE received Florida Keys Stewardship Act funding from -119 U) the Florida Department of Environmental Protection("FDEP")via Grant Agreement No. LP44052 ("Grant") for Hurricane Irma-related marine debris and sediment removal from canals located 4- within the VILLAGE; and 0 0 WHEREAS, the VILLAGE executed Amendment No. 5 to this Grant with FDEP on or about November 23, 2021,to expand the work/scope of said project to include work to removal of non-Hurricane Irma derelict vessels (Task 4)within the canals and nearshore waters of the Village of Islamorada through an Interlocal Agreement with Monroe County; and WHEREAS, the Grant also specifies that the VILLAGE shall also provide project 0 management (Task 3) for the above-referenced work including overseeing the VILLAGE's E cu activities thereto and managing the marine debris site; and i WHEREAS, the Grant provides funding in the amount of$305,299.46 for non-hurricane related derelict vessel removal and$33,922.16 in non-hurricane related project management to the VILLAGE for services performed between July 1, 2018 —March 31, 2024; and c� WHEREAS, the VILLAGE has requested to partner with the COUNTY in connection with provision of derelict vessel removal services, by utilizing the COUNTY'S existing contracts with pre-qualified marine contractors in order to render its own derelict vessel removal services under the County's letter of authorization from the FKNMS to conduct said services and activities thereto; and 1of12 Packet Pg. 1977 J.6.a WHEREAS, it has been determined that it is in the interest of the residents of and visitors to the County that an interlocal agreement for derelict vessel removal services be entered into with the VILLAGE for the provision of said services and activities thereto; and WHEREAS,the COUNTY shall be responsible for initiating the competitive procurement for services from its pre-qualified marine contractors in the form of Invitations for Quotes and awarding work via Task Order to the lowest bid as outlined in Resolution No. 194-2021; and WHEREAS, the VILLAGE shall be and is responsible for encumbering funds and direct payment of invoices to the hired/selected pre-qualified marine contractors with funding provided by the Grant; and 0 0 WHEREAS, the COUNTY finds that this interlocal agreement (hereinafter "ILA" or "Agreement") is necessary to advance a valid public purpose, including but not limited to the U) COUNTY's valid health, safety, and welfare police power interests; > 2 NOW THEREFORE, in consideration of the mutual promises and covenants herein 2 contained, it is agreed between the COUNTY and the VILLAGE as follows: 0 Section 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated as if fully stated herein. -119 Section 2. Term. 2.1 The term of this Agreement shall run from the date on which the Agreement is 0 executed by both the Parties ("Effective Date"), and shall continue in full force and effect through the Task No. 4 End Date of March 31, 2024, as specified in FDEP Agreement No.LP44052 and up to and including October 31,2024,unless subject to earlier unilateral termination by Monroe County, or unless otherwise subject to earlier termination by one or the other parry as provided elsewhere herein (cumulatively, "Term"). Section 3. Payment and Scope of Services. 3.1 The VILLAGE shall directly provide, issue, and make any and all payments Ai to any and all pre-qualified marine contractors for derelict vessel removal services rendered in connection with this ILA or FDEP Grant Agreement No. LP44052. The VILLAGE shall make such direct provision, issuance, or E making of any and all such payments, in accordance with the written direction of the COUNTY Marine Resources Office Senior Administrator. The VILLAGE shall not be entitled to receive from the COUNTY, and the COUNTY is not obligated to pay to the VILLAGE, or any natural or legal person, any costs, damages, fees, expenses, or monies claimed, invoiced, or incurred with respect to any derelict vessel removal services or activity/work thereto rendered by any natural or legal person in connection with this ILA or FDEP Grant Agreement No. LP44052. 2of12 Packet Pg. 1978 J.6.a 3.2 The COUNTY shall be responsible for initiating the competitive procurement for services from its pre-qualified marine contractors in the form of Invitations for Quotes and awarding work via Task Order to the lowest bid as outlined in Monroe County Resolution No. 194-2021.Upon selection of low bidder by the COUNTY,the COUNTY shall forward the competitive solicitation documents and the quote for services to the VILLAGE. The VILLAGE shall promptly encumber the necessary funds and provide the COUNTY with a copy of the purchase order upon which the COUNTY will issue a Task Order to the hired contractor granting the authorization to proceed. Upon completion of services and approval of the work by the COUNTY, the COUNTY shall forward the contractor's invoice packet to the VILLAGE for payment processing. The COUNTY shall be responsible for all coordination of activities with law enforcement. The VILLAGE's payments shall be made in accordance with the Local Government Prompt Payment Act. Invoices and requests for payment U) must be in a form satisfactory to the Clerk. Payment invoices/requests must describe in detail the services performed and the payment amount. .a 2 3.3 The VILLAGE shall be responsible for debris monitoring services as specified in FDEP Grant Agreement No. LP44052. 0 3.4 The COUNTY will specify in Task Orders that the hired contractor shall 0 adhere to the terms and conditions specified in FDEP Grant Agreement No. U) LP44052 including coordination with the VILLAGE for required project monitoring services. Section 4. Termination and Default. > 0 CL 4.1 The COUNTY is entitled to unilaterally terminate this ILA, with or without � cause, and shall not be required to provide written notice in advance thereof. In addition, as provided herein, the Agreement may be terminated by the VILLAGE, with or without cause, upon thirty (30) days' written notice to the COUNTY. The Agreement may also be terminated by mutual written agreement of the parties. The VILLAGE shall remain liable for all compensation,payment, M and monies claimed for any and all work performed in connection with this Ai Agreement up to and including the date of termination, including any vendor termination fees that may apply. This Agreement is subject to and conditional upon funding provided by FDEP. In the event that funding from the FDEP is E withdrawn,reduced, altered, or limited in any way after the Effective Date of this Agreement but prior to completion of the Agreement, the COUNTY may terminate the Agreement, subject to renegotiation, at the discretion of the COUNTY,under new funding limitations and conditions. 4.2 In the event of any failure of compliance by either party hereto with any of its material obligations to the other parry as provided for herein such action shall constitute a default under this Agreement. 3of12 Packet Pg. 1979 J.6.a 4.3 Upon any such default,the non-defaulting parry shall provide to the defaulting parry a written Notice of such default, which Notice ("Default Notice") shall state in reasonable detail the actions the defaulting parry must take to cure the same. 4.4 The defaulting parry shall cure any such default, within 30 days following the date of the Default Notice. 4.5 Notwithstanding the provisions of this Section, if any such default by the defaulting parry remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting parry's obligations are such that 0 more than 30 days is required to effect cure,then the defaulting parry shall not be in default hereunder and the non-defaulting parry shall not have the right to exercise its termination rights granted herein as a result of any such default, if U) the defaulting parry commences cure within the applicable cure period and > thereafter diligently pursues cure to completion of performance. 2 4.6 In the event the defaulting parry fails to affect any required cure as provided for herein, the defaulting parry shall be deemed to be in uncured default 0 hereunder, and the non-defaulting parry shall have the right, but shall not be obligated, upon written Notice to the defaulting parry, to terminate this 0 Agreement. � 4.7 If such Notice is given, this Agreement shall terminate on the date set forth in 4- the Notice and the parties shall be relieved of all rights and obligations 0 hereunder, except for any rights and obligations that expressly survive termination. C, C, Section 5. Hold Harmless and Indemnification. 5.1 The VILLAGE agrees to hold harmless the COUNTY and its officers and employees, from liabilities, damages, losses, fees, and costs, including but not limited to, all fines, suits, claims, demands, actions, costs, obligations, and E attorney's fees, or liability of any kind, arising out of, related to, or in U) connection with this ILA, including but not limited to the negligence, recklessness, or intentional wrongful conduct of any person or parry engaged in any derelict vessel removal services arising out of, related to, or in u connection with this ILA, including but not limited to the work or activities of c� any subcontractors. 5.2 To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes,the VILLAGE, to the extent of the COUNTY'S potential liability pursuant to section 768.28,Florida Statutes, does hereby agree to defend, indemnify and hold the COUNTY, its officers, agents,or employees,harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and appellate levels) arising from the acts or omissions of the 4of12 Packet Pg. 1980 J.6.a VILLAGE or any third parry vendor contracted by the VILLAGE in connection with this Agreement. Section 6. Notices. 6.1 All notices, requests, demands, elections, consents, approvals and other communications hereunder mustbe in writing and addressed as follows,or to any other address which either parry may designate to the other parry by mail: If to Monroe County: Roman Gastesi, Jr. County Administrator Monroe County Historic Gato Building 1100 Simonton Street U) U) Key West, Florida 33040 > 2 With copies to: Robert B. Shillinger, Esq. Monroe County Attorney Monroe County Attorney's Office 0 1111 121h Street, Suite 408 as P.O. Box 1026 0 Key West, Florida 33041-1026 � Emily Schemper Senior Director, Monroe County Planning and 0 Environmental Resources Department C/O Celia Hitchins CL Senior Administrator, Monroe County Marine Resources C. d Office 2798 Overseas Highway Marathon, FL 33050 And electronically to: Celia Hitchins, Senior Administrator, Monroe County 0 Marine Resources Office, at: ...tcl„z4is If to VILLAGE: Maria Bassett Acting Village Manager/Finance Director Islamorada, Village of Islands 86800 Overseas Highway Islamorada, FL 33036 With a copy to: Roget V. Bryan, Esq. Village Attorney Islamorada, Village of Islands 86800 Overseas Highway Islamorada, FL 33036 5of12 Packet Pg. 1981 J.6.a Section 7. Regulatory Powers. 7.1 Nothing contained herein shall be construed as waiving either parry's regulatory approval or enforcement rights or obligations as it may relate to regulations of general applicability, which may govern the Agreement. 7.2 Nothing herein shall be deemed to create an affirmative duty of either parry to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with ordinances, rules and regulations, federal laws and regulations and state laws and regulations. 0 Section 8. Attorneys' Fees and Waiver of Jury Trial. U) U) 8.1 In the event of any litigation arising out of this Agreement,the prevailing parry > shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees 2 and expenses charged for representation at both the trial and appellate levels. 0 8.2 In the event of any litigation arising out of this Agreement, each parry hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial 0 by jury. � Section 9. Governing Law. 4- 0 9.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation or mediation CL arising out of this Agreement shall be in the 161h Judicial Circuit in and for C Monroe County, Florida. This Agreement is not subject to arbitration. Section 10. Access to Records and Audits. 10.1 The VILLAGE shall comply with all public records and records retention requirements mandated by Section 24, Article I, of the Florida Constitution 2 and Chapter 119, Florida Statutes, and shall keep such records as are necessary Ai to document the performance of the Agreement and expenses as incurred, and give access to these records at the request of COUNTY, the State of Florida, the Federal Government, or authorized agents and representatives of said E government bodies. The VILLAGE shall also provide access to the personal property reports, permits, and equipment purchased or utilized under this Agreement. It is the responsibility of VILLAGE to maintain appropriate records in accordance with generally accepted accounting principles consistently applied to insure a proper accounting of all funds and expenditures. Records shall be kept for a period of five (5) years following execution of this Agreement. The VILLAGE understands that it shall be responsible for repayment of any and all audit exceptions which are identified by the Auditor General for the State of Florida, the Clerk of Court for Monroe 6of12 Packet Pg. 1982 J.6.a County, the Board of County Commissioners for Monroe County, or their agents and representatives. The COUNTY shall bill VILLAGE for the amount of the audit exception and VILLAGE shall promptly repay any audit exception. However, COUNTY warrants and represents that it has full authority to fund the services and work described herein under the terms and conditions specified herein. The COUNTY and VILLAGE shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and VILLAGE in conjunction with this Agreement; and the COUNTY has the right > to unilaterally cancel this Agreement upon violation of this provision by VILLAGE. a� 10.2 The COUNTY may cancel this Agreement for refusal by the VILLAGE, or U) any party or person involved in the services or work thereto contemplated > herein, to allow access by the County Administrator or his designee to any Records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 0 L- 10.3 The term "public records" and "records" shall be the same as such term has been defined in Chapter 119, Florida Statutes, including but not limited to any 0 documents,books, data(electronic or hard copy),papers and financial records that result from the VILLAGE's performance of the services and work thereto contemplated herein. 10.4 If the inspection or audit discloses that COUNTY funds paid to the VILLAGE under this Agreement were used for a purpose not authorized by this Agreement, then the VILLAGE must refund the funds improperly spent with < interest calculated pursuant to Section 55.03, Florida Statutes, with interest < running from the date the COUNTY paid the improperly spent funds to the VILLAGE. This paragraph will survive the termination of this Agreement. 0 10.5 The COUNTY and VILLAGE shall allow and permit reasonable access to, and M inspection of, all documents, records, papers, letters, or other "public record" `ii materials in its possession or under its control subject to the provisions of � Chapter 119, Florida Statutes, and made or received by the COUNTY and VILLAGE in conjunction with and in connection with this Agreement and related to Agreement performance. The COUNTY has the right to unilaterally cancel this Agreement upon violation of this provision by the VILLAGE. Failure of the VILLAGE to abide by the terms of this provision shall be deemed a material breach of this Agreement and the COUNTY may enforce the terms of this provision in the form of an adversarial administrative proceeding or court action and shall, as a prevailing party, be entitled to reimbursement of all attorneys' fees and costs associated with such proceeding(s) or action(s). This provision shall survive any termination or expiration of the Agreement. 7of12 Packet Pg. 1983 J.6.a 10.6 The VILLAGE is encouraged to consult with its counsel regarding the Florida Public Records Act in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this Agreement, the VILLAGE is required to: (1) Keep and maintain public records that would be required by the COUNTY to perform the service. (2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed 0 the cost provided in this chapter or as otherwise provided by law. a� (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as > authorized by law for the duration of the Agreement term and following completion of the Agreement if the VILLAGE does not transfer the records to the COUNTY. 0 (4) Upon completion of the Agreement, transfer, at no cost, to the COUNTY all public records in possession of the VILLAGE or keep and maintain 0 public records that would be required by the COUNTY to perform the -119 service. If the VILLAGE transfers all public records to the COUNTY upon completion of the Agreement, the VILLAGE shall destroy any duplicate 4- public records that are exempt or confidential and exempt from public 0 records disclosure requirements. If the VILLAGE keeps and maintains public records upon completion of the Agreement, the VILLAGE shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY,upon request from the COUNTY's custodian of records, in a format that is compatible with the information technology systems of the COUNTY. 0 (5) A request to inspect or copy public records relating to a COUNTY E Agreement must be made directly to the COUNTY, but if the COUNTY A does not possess the requested records the COUNTY shall immediately P q � Y � notify the VILLAGE of the request, and the VILLAGE must provide the records to the COUNTY or allow the records to be inspected or copied within a reasonable time. c� If the VILLAGE does not comply with the COUNTY's request for records the COUNTY shall enforce the public records Agreement provisions in accordance with the Agreement, notwithstanding the COUNTY's option and right to unilaterally cancel this Agreement upon violation of this provision by the VILLAGE. If the VILLAGE fails to provide public records to the COUNTY or pursuant to a valid public records request from a third-parry within a reasonable time may be subject to penalties under Chapter 119, 8of12 Packet Pg. 1984 J.6.a Florida Statutes, the COUNTY has the right to unilaterally terminate this Agreement. The VILLAGE shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE VILLAGE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VILLAGE'S DUTY TO PROVIDE PUBLIC > 0 RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(&,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 0 Section II. Non-Assignability a� 11.1 This Agreement shall not be assignable by either parry unless such assignment -119 is first approved by both parties. U) Section 12. No Third-Party Beneficiaries. - 12.1 Nothing contained herein shall create any relationship, contractual or 0 otherwise, with or any rights in favor of, any third parry. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-parry claim or entitlement to or benefit of any service or program contemplated hereunder, and the VILLAGE and the COUNTY agree that neither the VILLAGE nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity 2 or entities, have entitlements or benefits under this Agreement separate and Ai apart, inferior to, or superior to the community in general or for the purposes �e contemplated in this Agreement. Section 13. Non-Waiver of Immunity. 13.1 Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the VILLAGE and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the VILLAGE or COUNTY be required to contain any provision for waiver. 9of12 Packet Pg. 1985 J.6.a Section 14. Privileges and Immunities. 14.1 All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 0 Section 15. a� 15.1 The VILLAGE and its employees, volunteers, agents, vendors, and similar U) natural or legal persons, shall be and remain independent VILLAGE and not > agents or employees of the COUNTY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement ' shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. 0 Section 16. Severability. -119 16.1 If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining 0 terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent < permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and VILLAGE agree to reform the Agreement to replace any stricken provision 0 with a valid provision that comes as close as possible to the intent of the E stricken provision. A i Section 17. Survival of Provisions. 17.1 Any terms or conditions of either this Agreement that require acts beyond the E date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either parry. Section 18. Waiver. 18.1 The failure of either parry to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the 10 of 12 Packet Pg. 1986 J.6.a terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. Section 19. Funding. 19.1 The parties agree that the VILLAGE'S responsibility under this Agreement is to provide funding. Section 20. Authority. 20.1 Each parry represents and warrants to the other that the execution, delivery and 0 performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. a� U) U) Section 21. Section Headings. 2 21.1 Section headings have been inserted in this Agreement as a matter of .2 convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any 0 provision of this Agreement. Section 22. Execution in Counterparts. -119 U) 22.1 This Agreement may be executed in any number of counterparts,each of which shall be regarded as an original, all of which taken together shall constitute one 4- and the same instrument and any of the parties hereto may execute this 0 Agreement by signing any such counterpart. 0 CL CL Section 23. Entire Agreement/Modification/Amendment. 23.1 This writing contains the entire Agreement of the parties and supersedes any prior oral or written representations. No representations were made or relied upon by either parry, other than those that are expressly set forth herein. 23.2 No agent, employee, or other representative of either parry is empowered to 2 modify or amend the terms of this Agreement, unless executed with the same formality as the parties' preceding duly-executed Agreement. E c� [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] 11 of 12 Packet Pg. 1987 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as indicated below;. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,FLORIDA BY: 23 M yor a ` ice 0 g • : Kevin Madok, Clerk APPROVED AS TO FORM AND ° 4. •`° LEGAL SUFFICIENCY: > 4ONSOE,COUNTY.ATTORNEY BY:: _ _4- i=ED S M'FQ J s Deput Jerk Date 4/4/22 0 == ISLAMORADA, VILLAGE OF ISLANDS, FLORIDA f f ; CO - C` Mari Basse , A tit ;VILLAGE Manager w - Date: 0 APPROVED AS TO FORM AND - > (SEAL) LEGALITY FOR THE USE AND RELIANCE OF ISLAMORADA, ATTEST: Stephanie Conde,Acting Village Clerk VILLAGE OF ISLAND�4-PUPA;. ONLY: BYAAmt ._ BY: Clerk Roge, cyan E E c� 12 of 12 Packet Pg. 1988 J.6.b County of Monroe Planning&Environmental Resources Departments \, Board of County Commissioners: U) Marathon Government 3 � Mayor David Rice,District 4 a 798 Overs H is Highway,Suite 400 j„ ' Mayor Pro Tem Craig Cates,District 1 !� .2 Marathon,FL 33050 Michelle Coldiron,District 2 ) ,a James Scholl District(305 d� Voice: 289-2500 F^� FAX: (305)289-2536 �' Holly Merrill Raschein,District 5 ltty°�NPr' rV" ��y1q°ptl We strive to be caring,professional,and fair Task Order #2022-CMS-220 For the Removal of Derelict Vessel/s and/or Marine Debris 4- 0 Date: May 25, 2022 0 Coffin Marine Services,Inc. is hereby authorized to proceed with the removal and disposal of the 100' barge with COL- crane in Cowpens Anchorage (FWC2 I ON0009805). < LO 00 The County agrees to pay the proposed cost of$297,843.00 upon completion of the work and receipt of an invoice, 6 complete disposal receipt, and photographs. Z The completion of the work shall be in accordance with the following schedule: N Routine Removal X Environmental Threat-vessel should be disposed of by September 30, 2022 0 Hazard to Navigation Imminent Threat to Public Safety General Requirements: Contractor shall provide notification to the investigating officer at least 24-48 hours a prior to the start of removal activities. Any anchors/mooring devices, or other appurtenances associated with the vessel, shall also be removed. The awarded contractor shall dispose of vessels and marine debris at any of three 0 Monroe County Solid Waste transfer stations or other certified waste management facility. County transfer stations require engines to be separated from the vessel. The vessel can contain no fuel or fuel tanks. All fluids should be drained from the engine,which will be visually inspected by the transfer station for acceptance.Engines, batteries, fuel, and fuel tanks (or other hazardous materials) shall be properly disposed of(transfer stations have a separate facilities/containers for engines, fuel, etc.). Any recyclable materials may be taken to a recycling center or licensed scrap yard. If asbestos is present, further coordination with DEP and the Marine Resources office will be required prior to removal. Please note that any vessels or debris that requires `processing' (e.g. crushing/compacting that is not contained) may require coordination with DEP. Work shall comply with all County, State and Federal regulations. The Contractor shall contact the Marine Resources Office immediately if circumstances arise in which the work cannot be completed according to the above indicated schedule, in which case other arrangements may be necessary. It is understood that weather may delay removal efforts; however,the Contractor's work load or logistical issues will not be considered'good reason'for delays. All documents required for payment(including invoices,photographs showing removal/disposal and complete disposal/recycling tickets) 0 shall be submitted electronically to the Marine Resources Office. The photographs shall document the condition of the vessel prior to removal, the removal process, and the final disposition of the vessel. Additional Requirements: E c� The contractor shall adhere to the Removal Plan submitted and approved for this vessel. Packet Pg. 1989 J.6.b The contractor shall notify the Marine Resources Office of the anticipated start and end dates of work prior to commencement of work and coordinate with staff and/or law enforcement for on-site observation of removal activities, as needed. U) a� Contractor shall also adhere to all terms and conditions in Grant Agreement 4LP44052 including, but not limited i to the following: • The Village (and/or it's subcontractor) shall provide project management/monitoring of the removal activities. Therefore, the contractor shall coordinate with Village and/or its subcontractors for on-site a� observation of removal activities. -119 U) 4- 0 David Rice, Mayor 0 CL MC)h9ROE CO"L ATTORNEYAF W . FORM CL LO PETER MOSSY a 00 ASSISTANT COUNTY ATTORNEY Date: . _5/27/22 T_ c14 U 0 c� U) CL 0 U U Ur U) c� Packet Pg. 1990 J.6.c Kevin Madok, CPA Court&Comptroller— Monroe County,Clerk v#the Circuit p tY, Florida 0 DATE: June 22, 2021 TO: Alison Smith, Executive Assistant Planning& Environmental Resources FROM: Sally M. Abrams, L .C. SUBJECT: June 1 Gth BOCC Meeting -119 Attached, for your handling, is item Jb, Contract Amendment with Coffin Marine Services, Inc. for a 2-Year Extension to the contract for the removal, refloating and/or 0 demolition and disposal of derelict vessels, floating structures, and marine debris. 0 Should you have any questions, please feel free to contact me at extension 3550. N N CC; County Attorney Finance i File 0 c� c� X U) U) c2 0 U E c� 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 Rorida70 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 1991 J.ti.c AMENDMENT TO CONTRACT BETWEEN COFFIN MARINE SERVICES,INC. AND MONROE COUNTY,FLORIDA 0 THIS AMENDMENT TO CONTRACT is made and entered into this kith day of June, 2021 between Monroe County Hoard of County Commissioners and Coffin Marine Services,Inc. WITNESSETH: > 2 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 4- WHEREAS,the undersigned parties desire to enter into this Amendment extending said o Contract; and CL WHEREAS, extension of said Contract is deemed in the best interest of the health, safety, CL and welfare of the citizens of Monroe County and the general public; c� c� 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. i c� 2. Section 6.6 of the July 18,2018 agreement is hereby amended to read: c� 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 trade 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 re ulations as ma 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. 0 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. 1 of S Packet Pg. 1992 J.6.c 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' o 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 c, TO: 7.5.0 Jones Act,Longshoremen and Watercraft Coverage is Required 0 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) -119 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 CONTRACTOWs Workers' o cu 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. N 5. Section 9 of the July 18,2018 agreement is hereby amended to read: N 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 CU 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 c 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. 2 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 55 years from the date of submission of U 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 2of5 Packet Pg. 1993 J.6.c 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. > 0 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. U) 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 19,2018 agreement is hereby amended to add the following 0 provisions: CL CL 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 N !Department of Homeland Security(DHS)and the Federal Emergency Management Agency's N (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 DFIS 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 D145 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 c support the reports, c� 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. U) 11.3.7 Changes to Contract, The Contractor understands and agrees that any cost resulting from a 2 change nr 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. U 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 Packet Pg. 1994 J.6.c 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 COU1*ITYlnon-federal entity, contractor,or any other party pertaining to any matter resulting from the contract. 0 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. U) 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 o and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company,or Dahua Technology Company(or any CL CL subsidiary or affiliate of such entities). (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. N (iii)Telecommunications or video surveillance equipment or services produced or provided by C' 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, c� 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 whale or in pan 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. o U 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 Packet Pg. 1995 J.6.c 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. o 0 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 hind such U) party to the terms and obligations of this Amendment. > 2 is Amendment is binding on the successors and assigns of the parties, SS WHEREOF,the parties have executed this Contract as indicated below. -119 MADOK,CLERK BOARD OF COUNTY COMMISSIONERS � OF MONROE �_ � AlOYNAS _ , ra As DepUty Clerk May r Mic e e a n CL W f TNESS: Coffin M e vic 1* CN 1� M By: rn iSlYl Print Name Print acne; o - cfJ 2. � 1/Y IY�-� Title: C y c� Print Name:—1�5 r llda�, r+a.n n Ak M40NROE CODNTM O ATT ORNEY 0 ' � r STATE: OF Date:[IGi_ _. COUNTY OF The foregoing mstru en was nkno 1 dged and attested before me this V day of 2021, by ,V who is personally known to me or produced as prod o i entification and iU take an oath. VANESSA HEDRICK Notary Public Seal nor r.oMissinv 111149739 poq L p M1 F.7CYllu 5:Uctabei a6,2024 L)- E Tl n, S of 5 Packet Pg. 1996 J.6.c _ 7 4 Ca'R� CERTIFICATE OF LIABILITY INSURANCE PATE[MM70b1YYYY} 0412712021 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[ias)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 0 this certificate does not confer rig hts to the certificate holder In Itou of such endorsements. PRODUCER CONTACT HOUSE 0 NAME: W Kelly White&Associates Insurance,LLC PHONE 904-880-8881 we No: P.O.Box 350909 ADDRIESS, kelly@kwhiteinsurance.com U) INSURERS AFFORDING COVERAGE NAIC X Jacksonville FL 32235 INSURER A: RLI Insurance Co AM Best A+XI 13056 INSURED INSURER 9: Travelers Property&Casualty Company 2 Coffin Marine Services,Inc INSURER C P 0 Box 430538 INSURER D: Everest National Insurance Company INSURER E: GreatAmerican Insurance Company 16691 0 4— Big Pine Key FL 33043 6SURER 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. NOTVATHSTANDING 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, U) D EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER MM DCD7YYYY MMI OY EFF YNYYY D EXP LTR LIMITS x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1.000,000 0 CLAIMS-MADE �OCCUR 1MAG a occ rr $ 50,000 OL X P&I including Jones Act ME EXP An one person) $ 5,000 0 A X Salvors Liability X MRF 0200000 0912312p20 09/23/2021 PERSONAL 8 AOV INJURY $ 1,000.000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2.000,000 x POLICY ❑JECT LOC Approved RiskMar1a9@rnQrl_t PRODUCTS-COMPIOPAGG S 1,000,000 yw, OTHER: cC3'C!I �;6 ProtectionWirdemnity $ $1,000,000 Q AiiTOrnOaiL'c LinoiLiTY— COMBINED SINGLE LIMIT $ 1,000,000 N IX ANYAUTO 4-28-2021 BODILY INJURY(Per person) $ C%BOWNED SCHEDULE❑ X BA4902R108 08/17/2020 08/17/2021 BODILY INJURY[Per occident] $ AUTOS ONLY AUTOS HIRE❑ NON-OWNE❑ PPROPERTnDAMAGE g AUTOS ONLY x AUTOS ONLY Personal Injury $ 10,000 °I UMBRELLA LIAR OCCUR EACH OCCURRENCE $ U D EXCESS UAB HCLAIMS-MAOE AGGREGATE $ DE❑ I RETENTION$ _ $ 0 WORKERS COMPENSATION X PTAT TE }C OR H AND EMPLOYERS'LIABILITY Y I N ANY PROPRIETORIPARTNERIEXECUTIVE ❑ OFFICEWMEMSER EXCLUDED N 7 A 9700004381-201 121211202Q 12/21/2021 E.L.EACH ACCIDENT 8 1,000,000 I Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,OOl1,t)OQ it yes,describe under E.L.DISEASE-POLICY LIMIT S 1-000-000 DESCRIPTION OF OPERATIONS below Per cc Schedule $1.000,000 E Vessel Pollution OMH1440763 09/23/2020 09/23/2021 0 U) DESCRIPTION OF OPERATIONS I LOCATIONS 7 VEHICLES (AC OR 101,Additional Remarks Schedule,may W attached if more space to req ulre d) .2 Certificate Holder is listed as Additional Insured as required per written contract. I 0 L3 0 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. U 2798 Overseas Highway AUTHORIZED REPRESENTATIVE Ste 420 Marathon FL 33050 01988-2015 ACORD CORPORATION. All rights reserved. ACORD 25�2016103) The ACORD name and logo are registered marks of ACORD Packet Pg. 1997 FDATE(P J.6.d ACORD® CERTIFICATE OF LIABILITY INSURANCE 05/24/2022 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 ACNE. Ext: 904-880-8881 a/c No: 1622 Hickman Road E-MAIL kelly@kwhiteinsurance.com (D ADDRESS: y� INSURER(S)AFFORDING COVERAGE NAIC# qb Jacksonville FL 32216 INSURERA: RLI Insurance Co AM Best A+XI 13056 INSURED INSURERB: Travelers Property&Casualty Company 36161 Coffin Marine Services, Inc INSURERC: P O Box 430538 INSURER D: Everest National Insurance Company 10120 ass INSURER E: Water Quality Insurance Syndicate (D Big Pine Key FL 33043 INSURER F: COVERAGES CERTIFICATE NUMBER: COFF22052408342288 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 qb 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. -119 INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence $ 50 DOQ X P&I including Jones Act MED EXP(Any oneperson) $ 5,000 A X Salvors Liability X X MRP0200000 09/23/2021 09/23/2022 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERAL AGGREGATE $ 2,000,000 CL X PRO POLICY ❑ ❑ JECT LOC B'Y'�, , PRODUCTS-COMP/OP AGG $ 1 000 000 OTHER: DATE 4/24/2022 Protection&I nde m nity $ $1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1 OQD 000 ' 24 WAVER.N/A_YES._ Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED BA4902R108 08/17/2021 08/17/2022 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ (D AUTOS ONLY AUTOS ONLY Per accident Personal Injury $ 10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ CL EXCESS LIAB CLAIMS-MADE AGGREGATE $ I DED I RETENTION$ $ WORKERS COMPENSATION X STATUTE X FOR H Includes USL&H AND EMPLOYERS'LIABILITY Y/N cm ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 D OFFICER/MEMBER EXCLUDED? N/A 9700000381-211 12/21/2021 12/21/2022 1'000'000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Per co Schedule $1,000,000 E Vessel Pollution 55-83732 09/23/2021 09/23/2022 O DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 70 Certificate Holder is an Additional Insured with respects General Liability as per form (Blanket Additional Insured/Waiver of Subrogation)OMGL 624(11/07) and Auto Liability,with respects to insureds operations as required by written contract. Protection & Indemnity is proof of Jones Act coverage required by 04 law. USL&H coverage is provided under Workers Compensation policy. 04 04 (D CERTIFICATE HOLDER CANCELLATION E 0 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. Marine Resources Office AUTHORIZED REPRESENTATIVE 2798 Overseas Highway Ste.420 Marathon FL 33050s �- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1998 Policy Number: MRP0200000 RLI Insurance Comp THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED(S) & WAIVER OF SUBROGATION (BLANKET) U) It is agreed that this Policy will include, as an Additional Insured, any person or organization, but only to the extent that you are obligated by a "written contract" to include them as Additional Insured(s) and only with respect to work and/or > operations performed by you or on your behalf. L' The inclusion of an Additional Insured does not in any way extend the type of coverage afforded by the Policy, nor does it increase the limits of liability under the Policy. It is further agreed that we waive any right of recovery we may have against any person or organization because of payments we make for"bodily injury"or"property damage" arising out of"your work"with that person or organization, but 119 only to the extent that you are obligated by a "written contract" to provide such waiver of rights of recovery and only with U) respect to "your work"or to your premises or the premises you use. 4- 0 0 CL CL A 0 CL CL i 0 U U CN cN cN 4i c� OMGL 624 (11/07) Page 1 of 1 INSURED Packet Pg. 1999