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HomeMy WebLinkAbout1st Amendment 01/15/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: January 21, 2025 TO: Dr. Hanna Koch, Director Artificial Reefs Program FROM: Liz Yongue, Deputy Clerk SUBJECT: January 15, 2025 BOCC Meeting The following item has been executed and added to the record: C16 1st Amendment to the Agreement between Monroe County, FL and Biscayne Towing & Salvage, Inc. for Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef (RFP-568) to authorize Monroe County Director of Artificial Reefs Program to exercise her discretion to extend the desired deployment completion date beyond January 31, 2025, at no cost to the County, as a result of unpredictable or unfavorable weather conditions beyond the parties control. 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 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AMENDMENT NO.1 to AGREEMENT between MONROE COUNTY,FL and BISCAYNE TOWING&SALVAGE,INC. for Artificial Reef Materials Deployment to Gulfside Ten(10)Mile Reef This Amendment No. 1, made and entered into this 15thday of January , 2025, to the Agreement between Monroe County,Florida, and Biscayne Towing&Salvage,Inc. ("Contractor") for Artificial Reef Materials Deployment to Gulfside Ten (10) Mile Reef pursuant to Request for Proposals No. 568, dated October 16, 2024 ("Original Agreement"), is hereby created to fulfill the objectives of the parties as further set forth herein. WITNESSETH: WHEREAS, on October 16,2024,the parties entered into the Original Agreement pursuant to the competitive solicitation process for Artificial Reef Materials Deployment to Gulfside Ten(10) Mile Reef pursuant to Request for Proposals No. 568; and WHEREAS, the parties agreed to an ambiguous timeline for completion of the deployment, with all three (3)patch reefs deployed prior to January 31, 2025; and WHEREAS, in November 2024, one (1) of three (3) patch reefs was deployed, but since that time, sea (i.e. swell height) and wind (i.e. speed and direction) conditions have been above acceptable levels for operating large, heavy machinery and equipment on the water; and WHEREAS, since weather can be highly variable in the wintertime and somewhat unpredictable for the area of the Gulf of Mexico established for the deployment location, a longer window of time to achieve an ideal weather window for deployment is necessary; and WHEREAS, due to such inclement weather and unsafe oceanographic conditions, beyond either parry's control, it does not appear that the second and third patch reefs will be deployed by the January 31,2025 projected completion date; and WHEREAS, the parties desire and mutually agree, through this Amendment No. 1, to supersede any dates with the schedule of operations, including the preferred date of completion previous established in the Original Agreement, and grant administrative approval authority for future deadlines/timelines to the Monroe County Director of Artificial Reefs Program; and WHEREAS, the parties desire and mutually agree to amend the Original Agreement, through this Amendment No. 1, to grant discretion to Monroe County Director of Artificial Reefs Program to allow the shortest amount of time for deployment completion, while allowing for unpredictable or unfavorable weather conditions out of the parties' control; and WHEREAS, the parties hereby agree that this Amendment No. 1 does not change the contract price, nor any other term or condition existing in the agreement other than as expressly described herein; and Page 1 of 3 WHEREAS, the parties believe such flexibility in the schedule of operations and administration of the contract is in the best interests of Monroe County, Florida. NOW, THEREFORE,based on the mutual promises and covenants herein contained, and in exchange for good and sufficient consideration,the parties agree as follows: 1. The recitations referred to above are true and correct, and are hereby adopted and incorporated herein as if set forth in full. 2. Paragraph B., "Schedule of Operations," within the Contractor's Proposal dated August 22,2024,as incorporated by reference within the Original Agreement under Section 1,"The Contract Documents," specifically only the portion that sets forth dates starting from "10/17" through"11/9"is hereby deleted in order to grant discretion to Monroe County Director of Artificial Reefs Program to allow the shortest amount of time for completion of the deployment, while allowing for unpredictable or unfavorable weather conditions out of the parties' control. 3. The parties reaffirm their intent that this agreement is a Time-is-of-the-Essence agreement; however,recognize that the deployment will not be completed by the preferred deadline of January 31, 2025. 4. This agreement constitutes the entire understanding between the Contractor and the County regarding this Amendment No. 1, and all other terms and conditions of the Original Agreement, not inconsistent herewith, shall remain in full force and effect, and are incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 the day and year first above written. CONTRACTOR: BISCAYNE TO & SALVAGE,INC. By Si atlre STATE OF COUNTY OF he foregoing instrument was sworn to/affirmed and acknowledged before me by means of hysical presence or ElA�online notarization, this 3 day of �c� , 20k by v e , as President of Biscayne Towing_& Salvage, Inc., a Florida Corporation. He is personally known to me/or has produced. (type of identification)as identification. Signature of Notary Public E � 6 (Print& Stamp Coinnnissioned Name of Notary Public) W COMMISSIDN 393 EXMES:JUL 09,2025 �° 9onded throu�r 9sk S�4o lnsuranc® Page 2 of 3 AMENDMENT.NO. 1 to AGREEMENT between MONROE COUNTY,FL and BISCAYNE TONING& SALVAGE,INC. for Artificial Reef Materials Deployment to Gul sidee Ten(10)Mile Reef ef • BOARD OF COUNTY COMMISSIONERS e MONROE CQ I RIDA; Bv. r ' Mayor • '�` .., .--r•.a„am 1, -:�▪f ..ti.y Seal) t'''''4'' �t<. S!r;..a 1 .\d3 (}n•' y 4dE t>nt. fn 7ir„/ ' f�; i�� i' yesi. "^,",FI r,✓'j1 i �,c . ttost:i _ vin Madok, Clerk AO\JYylr/ P • . ': Li h jY '!! :f7 ram' J �V L�a�� • . . . _ • r• ,,,,,,-„, a,'+ A Deputy Clerk r-)• t^ ,) _ , t � Approved as-to legal form&sufficiency: �___ ��f j :.::� Digitally signed byEve M.Lewis.. EVe . evvI s.Date:2o24.i'a.2313 26:2�-0sraa,. Eve M.Lewis,Assistant County Attorney :-i �.., a. .. .. .. .. .. .. .. ,�°t ':.ate Page 3 o Client* 9655 BISCATOW AC'ORDT. (CERTIFICATE OF LIABILITY INSURANCE =0�24 DNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONIFERS 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 NIOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate Ihollder is an ADDITIONAL INSURED,the ollilcy(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 Sara Marianlli NAME: Starlkweathier&Shepley(WE) PHONE 401 596 2212 FAX 401 735 1059 QMqNnaE.xt).........................................,. , (JUC,Na): .... PO Box 549 E-MAIL . . ._ ADDRESS- smarani s,ta,rs,hep.coml Providence, RI 0290'1-0'S49 IINSURER(S)AFFORDING COVERAGE NAIL# 401 596'-2212 ,INSURER A:Travelers Plropty Casulalty Ca of America 25674 INSURED INSURER B:Florida Workers'Compensation Joint Und Biscayne Towing &Salvage, Inc INSURER C P.O. Box 432050 INSURER D Miami, FL 33243 INSURER E 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 ADDLSUBR POLICY EFF —POLICY EXP LTR TYPE OF(INSURANCE LIIMITS -------- ..... .... ..... ...... IINSR WVD,... .................POLIICY.-NUMIBER........ .(NINIJDDJYYYY).(NINIJDDJYYYY) ..... -------------------------------------------------------------- A x'.. COMMERCIAL GENERAL LIABILITY x '.....ZOL141P6378224NID 2104/20,24 02104/2025 EACH OCCURRENCE $1,000,0'0'01 DAMAGE.TO RENTED CL.AIIMS-MADE -.�. OCCUR PREMISES(Ea occurrence) $100,000 .....................: ----------- MED EXP(Any one person) $10 000 .... ......... ......... ..... PERSONAL$ADV INJURY $1,000,0'0'01 GEN'L.,AGGRIE_GATE LIMIT APPLIES PER: .GENERAL AGGREGATE $2,000,01010' PRO- POLICY JECT Q.00 ,...PRODUCTS COMPIOP AGO -$2,000,01010' ''.. ' '... - OTHER _ $ COME31hIHD SINGLC=LVMI T A 7C ANVAUrO LIABILITY x BA5251X30024 03101/2024 03101/202 IEaaccident) $1,000,000 BODILY INJURY(Per person) $ OWNED ,,,, SCHEDULED BODILY INJURY(Per accident) ,$,,,,,,,,,,,,,,,,,,,,,,,,,, '..AUTOS ONLY AU"ros HIRED NON-OWNED PROPERTY DAMAGE- 'AU V"C7S ONLY �....... AUTOS ONLY 4_(Per accident) $ UMBRELLAImm OCCUR ',.EACH OCCURRENCE $ EXCESS LIAB ---- CLAIMS-MADE AGGREGATE $ _ DED RETEIN..,TION$ ', $ B WORKERS COMPENSATION 6FR113UB6G44442624 3/21/20124 03/21/2025 � s�aTyr,� ��� AND EMPLOYERS'LIABILITY ,,,,,,,,,, ANY PROPRIEI OR/PAR INERFEXECU'TIVE YIN "E L EACH ACCIDENT $1,000,000 OFFICER/MEVBEREXCLU'DED"? „N, NIA - ---- (Mandatory in NH) ... E,I DISEASE EA EMPLOYEE $1 5000,000 If es describe under DESCRIPTION OF,OPERATIONS belovd......... E L DISEASE-POLICY LIM]1 $1 00©0',00 A IP&I ZOH14T5441424ND 2104/20,24 02104/2025 $1,000,01010, P&I ZOL141P6378224NID 02/04/20,24 02/04/20251 $15000,01010, DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) )l y I(KP'essels 2012 68 Tug Sonny ,20 argIe as an Push Boat Act Collision Towers&Salvors Liability. 0Y 1 p :T Certificate nal Insured ATIMA per terms'and conditions of conitract as DAi ... respects General I Liability and Commercial Auto. . CERTIFICATE HOLDER CANCELLATION Monroe County B(7GG SHOULD ANY'OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE. (EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Ivey West, FIL 33040 AUTHORIZED REPRESENTATIVE 19r88-201 a ACORD CORPORATION.All riglhts reserved. ACORD 25(2016/03) 11 of 1 The ACORD name and logo are registered marks of ACORD #S24'7293111M2396610 SRMI