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Consent to Assignment 02/20/2019
GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: March 14, 2019 TO: Alice Stervou Contract Monitor FROM: Pamela G. Hancock, D.C. SUBJECT: February 20'BOCC Meeting Attached is an electronic copy of Item T5,Acknowledgment and Consent to Assignment of Agreement from EE& G Environmental Services LLC to Beach Raker LLC for professional beach cleaning at Higgs Beach, Kev West.,for vour handling. Should you have any questions,please feel free to contact me at (305) 292-3550. Thank you. cc: Facilities Supervisor Countv Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 ACKNOWLEDGEMENT AN 1 CONSENT BY MONROE COUNTY,FLORIDA OF THE ASSIGNMENT AND ASSUMPTION OF BID AWARD AGREEMENT FOR PROFESSIONAL BEACH MEANING,MAINTENANCE AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA WHEREAS, MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County") is a party to that certain Bid Award Agreement for Professional Beach Cleaning, Maintenance and Beautification Higgs Beach, Key West, Monroe County, Florida, by and between EE&G ENVIRONMENTAL SERVICES, LLC, a Florida limited liability company (the "Assignor") and County dated November 18, 2014 (the "Original Agreement"), as amended by that certain First Amendment Agreement dated January 20, 2016 (the "First Amendment"), as further amended by that certain Second Amendment First Renewal Agreement dated October 19, 2016 (the "Second Amendment"), as further:amended by that certain Third Amendment Second Renewal Agreement dated.Noveriber 14, 2017(the "Third Amendment"), as further amended by that certain Fourth Amendment :to Agreement dated December 19, 2018 (the "Fourth Amendment", together with the.Origmal.Agreement, First Amendment, Second Amendment, and Third Amendment,collectively,the "Agreement");and, WHEREAS,Assignor desire9 to assign, transfer and convey to BEACH RAKER, LLC, a Florida limited liability company(the 'Assignee")all of Assignor's rights,interests and obligations under the Agreement, and Assignee desires to accept such assignment, transfer and conveyance and to assume all of Assignor's rights, interests and obligations under the Agreement pursuant to the terms of that certain Assignment and Assumption of Bid Award Agreement for Professional Beach Cleaning,Maintenance and Beatification Higgs Beach,Key West,Monroe County,Florida, with an effective date of February 2O,,2019, (the "Assignment Agreement"); and WHEREAS, Section 12 of the Agreement requires that any assignment of the Agreement be approved in writing by County to be,effective; and, WHEREAS, County desires to approve the assignment of the Agreement by Assignor to Assignee in accordance with the;Assignment Agreement and terms hereof; NOW,THEREFORE,in consideration of the sum of Ten Dollars($10.00)and other good and valuable consideration, the:sufkiency.of which are hereby acknowledged, County hereby agrees as follows: 1. Section 12 of the :Agreement provides that the Contractor shall not assign or subcontract its obligations under the Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary.. Section 12 is to also be incorporated by reference into any assignment or subcontract with the assignee or subcontractor to comply with all of the provisions of the Agreement. ;t. 2. The Assignor and Assignee have entered into an Assignment and Assumption of Bid Award Agreement with an effective date of February 20,2019,which is attached hereto as Exhibit "A" and made a part hereof, with an assignment to Assignee of all the Assignor's rights,interests,and obligations under the Agreement as noted herein. 3. In consideration for such consent,the Assignee agrees to be bound by all the terms and conditions of the Agreement. 4. County hereby acknowledges and approves the form of the Assignment Agreement and acknowledges and consents to the assignment of the Agreement from Assignor to Assignee as set forth therein. 5. County hereby acknowledges and agrees that the Assignee shall become the "Contractor"under the Agreement for all purposes from and after the"Effective Date" of the Assignment Agreement and that the Assignor shall be released as the "Contractor"under the Agreement for all purposes from and after the"Effective Date" of the Assignment Agreement. County acknowledges Assignee's address set forth in the Assignment Agreement for purposes of notices to Contractor under Section 16 of the Agreement. '; ‘C-IN WITNESS`WHEREOF the Dailies have hereunto set their hands and seals as of the 20(11 �$) 'day of Febnii ary;2019. ' r ' L, ' v SEA 4.,�11 'ATCEST�,,•KEVIN MADOK,CLERK BOARD OF COUNTY COMMISSIONERS ',`; `-'`'', OF MONK ff CO Y, FLORIDA By: By: Deputy Clerk M:yor/ airperson Date: J/444-67. 219, 9 a c: -ter r i - c r.n - '_' rrl x i • � -n G7 EE&G ENVIRONMENTAL SERVICES. LLC, BEACH RAKER, LLC, ` , s. rn A Florida Limited Liability Company, A Florida Limited Liability Cot apany, 3:__ASSIGN. ASSIGNEE , a — ,, 1 r-- `w t t� Z:: TiT . By "r,rIF,r tetito/��'. V Title: ,V; , MONCHOE COUNTY ATE O1 NEY'$DICE PRCIVED A T ,E,AM. T rm.A PATRICIA FABLES ASSISTANT:COUNTY ATTORNEY: DATE; - L4. l ASSIGNMENT AND ASSUMPTION OF-BID AVIIAPD.AdkEitmENT FOR I'Ro Es8io kiAL-BEACH.+CLEANING,MAINTENA.NC KAND:I EAUTII{IC A`I'ION gII G :BEACH.KEY WEST,MONROE.COUNTY,FLORIDA: THIS ASSIGNMENT AND= ;SSUMPTION OF BID AWARD AGREEMENT FOR PROFESSIONAL BEACH CLEANING,. MAINTENANCE AND BEAUTIFICATION HIGGS BEACH, KEY WEST, IVIONROE; COUNTY, FLORIDA (the "Assignment") is made as of the 20th day of February 2019 (the "Effective Date") by and between EE&G ENVIRONMENTAL SERVICES,LLC;a Florida limited liability company (the "Assignor")and BEACH RAKER, LLC, a Florida.limitecl liability company(the "Assignee"). rVITNESSETH: WHEREAS, Assignor is a:party to that certain Bid Award Agreement for Professional Beach Cleaning, Maintenance and .Beautification Higgs Beach, Key West, Monroe County, Florida, by and between Assignor and.MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida(the "County") dated November 18, 2014 (the "Original Agreement"), as amended by that certain First Amendment Agreement dated January 20, 2016 (the "First Amendment"), as further amended by that certain Second Amendment First Renewal Agreement dated October 19, 2016, (the "Second Amendment"), as further amended by that certain Third Amendment Second Renewal Agreement dated November 14, 2017 (the "Third Amendment"), as further amended by that certain Fourth Amendment to Agreement dated December 19, 2018 (the "Fourth Amendment", together with the Original Agreement, First.Amendment, Second Amendment,and Third Amendment, collectively, the "Agreement");-and„ WHEREAS,. Assignor desires to assign, transfer .and convey to Assignee ail •of- Assignor's nghts, interests and:obligations "urttler llme.Agreement,,"and Assignee desires;to accept.. such assignment, transfer and conveyance and';to assume all of.Assignoz's rights, interests.and obligations:under the to the terms of thisAssignment;; Now,, THEREFORE, in'::consideration .of-the'sum "of Ten Dollars ($10 00) and Other" good and valuable Consideration,,the sufficiency of which ate'hereby aolcnowledged,'the.parties herebyagreeas follows:_ 1. Recitals: Capitalized.Terms. The recitals set forth above are true and correct in all respects and are incorporated herein by reference as if set forth herein. Capitalized terms used, but not otherwise defined herein, shall have the meaning ascribed to such terms in the Agreement. 2. Assignment. Assignor hereby assigns, transfers and conveys to Assignee all of the Assignor's rights, interests and obligations in and to the Agreement, with effect from and after the Effective Date hereof. 3. ASsuinntian: Assignee hereby accepts the assignment of Assignor's rights, interests and obligations in and to the Agreement, and, in accordance with Section 12 of the Original Agreement, agrees to assume all of Assignor's rights, interests and obligations under the 47661455.1 taiLL lT "A" Agreement and be bound by the terms and provisions of the Agreement accruing from and after the Effective Date. .4. Indemnification Assignor:shall:indemnify, defend and:.hold .Assignee and- its members,,officers,employees, agents and'.representatives har mless from and against at y:and all claims, judgments, liabilities, damages, injuries, losses, costs' -and expenses whatsoever (including attorneys' fees and court costs)_which Assignee May incur, or'which may beeleimed against-,Assignee, by reason of(i) any obligations'and responsibilities required to be performed by Assignor under the Agreement. lsttng.to.any period prior to the Effective.Date, and (xi)all liabilities of Assignor arising under'the Agreement relating to any period prior to the Effective Date. Assignee shall indemnify,defend and hold Assignor and its members,officers,employees, agents and representatives harmless from and against any and all claims,judgments, liabilities, damages, injuries, losses, costs and expenses:whatsoever (including attorneys' fees and court costs) which Assignor may,.incur, or which may be claimed against Assignor, by reason of(i) any-obligations::and responsibilities required tote performed by Assignee'.under the Agreement relating o my .period on or after the Effective Date,sand (xi)all liabilities of Assignee arising under the'Agreement=relating to any'period on or.`after theEffeetive Tate: 5 . Notice.. All notices-to be given under this.Assignment shall be 'in writing and shall be deemed givers if delivered ly hand or,sent by recognized overnight courier' to the addresses setforth below. :Such addresses may be.changed by notice given in the:same:tnanner; Assignor's Address: EF.,AG Environmental Services,LLC 68I0 Froitt.Street Key West,FL`33040 and 5751 Miami Lakes Drive East Miami Lakes, FL 33014 Attn: Carolyn Bailey Assignee's Address: Beach Raker, LLC 220 NE'13`h Street Pompano Beach, FL 33060 Attn: Steve Sterneck 6. Authority. The individuals executing this Assignment on behalf of Assignor and Assignee, respectively,hereby represent and warrant to each other that they have full power and authority to execute this Assignment and bind the Assignor and Assignee, respectively, to the obligations stated in this Assignment.': 7. Binding Effect Governing_Law: This Assignment shall be binding upon, and inure to the benefit of, the parties to this Assignment and their respective heirs, legal representatives, successors and assigns, and shall be construed in accordance with, and governed by, the laws of the State of Florida. 2 476614E5.I S. Counterparts. This Assignment may be executed in counterparts, each of which will be deemed to be an original, but all of which taken together shall constitute one and the same instrument. Counterpart signature pages transmitted by email shall be deemed to be originals for all purposes. IN WITNESS WHEREOF, Assignor and Assignee have caused this Assignment to be duly executed as of the date first above written. ASSIGNOR: EE&G ENVIRONMENTAL SERVICES, LLC, a Flori. i ite, ,bility'coy,. N me:Carol1i c _ itle: IL--den JIM- ASSIGNEE: BEACH RAKER,LLC, a Florida li, ited Iiabili . company j . By:. ',,e Gar ki s e: Stev- erneck. Title:Vice President.. 3 47661485;1 Ac D0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) ' 02/08/2019 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 pollcy(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 endoiserfient(s)., PRODUCER - CONTACT NAME; Bouchard Insurance for Frank Crum PHONE 'FAX 101 Starcrest Drive oti str.E-MAIL INC,Nod: Clearwater,FL 33758 ADDRESS: INSURERBS)AFFORDING COVERAGE .NAIL# INSURER A:American.Zurich Insurance-Company 40142 INSURED INSURERB: - FrankCrum 12,Inc.Alt.Emp:Beach Raker LLC 100 South Missouri Avenue INSURERC: Clearwater,FL 33756 INSURER!)r _ . - .. . INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER:18FL080969170 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, i4 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED Sy PAID CLAIMS. INSR TYPE OF INSURANCE ADOL SUBR - POLICY.EFF. POLICY EXP LTR nucn min POLICY NUMBER (MMIDD/YYYY) (MMIODIYYYY) LIMITS - COMMERCIALGENERALLIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTEDPREMISES.(Esoccurrence) $ " MED EXP(Any one person) S PERSONAL&ADV INJURY 5 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICYI I JEC I JLOC PRODUCTS-COMP/OP AGG S OTHER: . fi S AUTOMOBILE LIABILITY "- - 'COMBINED SINGLE LIMIT IEe'aceldent) s ANY AUTO BODILY INJURY(Per person) 5 OWNED SCHEDULED APEMEN - BODILY INJURY(Per accident) S AUTOS ONLY AUTOS BY HIRED NON-OWNED PROPERTY DAMAGE 5AUTOS ONLY AUTOS ONLY DA (PereccidenqWAI ER N/A s S • UMBRELLA LIAR .OCCUR OCCUR EACH OCCURRENCE $ EXCESS LIAR I CLAIMS-MADE AGGREGATE S DED.1 (RETENTION S - S , WORKERS COMPENSATION PER TH- AND EMPLOYERS'LIABILITY YIN X I STATUTE I E OR A OFF CEORIMEMBEREXCLUDED?ECUTIVE L N/A WC 47-58-512-07 06/01/2018 06/01/2019 E.L.EACH ACCIDENT S 1,000,000 (Mandatory In NH) L- . EL,DISEASE-E4 EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E,L.DISEASE-POLICY LIMIT S 1,000,000 Location Coverage Period: 08/09/2018 06/01/2019 „Client# B0265-FL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Beach.Raker LLC Covoregeis provlded'for 220 NE 13th St only Ihose cD-employees of,bu(iiotsubcontrectors Pompano.Beach;FL 33060 to: - .CERTIFICATE'HOLDER CANCELLATION` Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West,FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE kSP,I -1 - ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 • AC R • D CERTIFICATE OF LIABILITY INSURANCE DATEtMNJODJvYm 4.—� 02/08/2019 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 hold Or in lieu of such endorseinentfs). PRODUCER - CONTACT NAME; Loma Staab DTRT Insurance Group/Loyal Clients IIALCD.NNO EJd). (877)871-3878 rp,vc Nc):.(855)329-3878 12550 West Atlantic Blvd ADRRESS: info@dtrtinsurarice.cpm INSURER(S_AFFOROING COVERAGE NAIC-d Coral Springs FL 33071 INsuRsciA: EVANSTON INSURANCE COMPANY INSURED • INSURERS: METROPOLITAN CASUALTY{NSURANC 40169 BEACH RAKER LLC INSURERC: 220 SE 13TH ST INSURER D: • INSURERE: POMPANO BEACH FL 33060 • INSURER F: � COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: ' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE Llsibo: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 MAYBE ISSUED OR;MAY PERTAIN, THE INSURANCE AFFORDED'BY THE POLICIES,DESCRIBED HEREIN IS SUBJECT TO ALL THE t LHMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID.CLAIMS, LYR4 _TYPE OF INSURANCE INen ynmI policy WINDIER POIDSKYY F POLICYIXPI- LIMITS {MtAlDDmYY)I(Mr.VODIYYYYI 1 X 1 COMMERCIAL GENERAL LIABILITY I EACH OCCURRENCE__ S 1,000,000 i 1 CLAIMS-MADE �I OCCUR - I -PRIMISES IEaEaxurt ef* IS 1,000,000 _ MED ExP(Any one person) S 5,000 A I y y 3C08353. 05/04/2018 05/04/2019 I PERSONAL R ADV INJURY_ 1 S 1,000,000 I GEM.AGGREGATE LIMIT APPLIES PER: , 'GENERAL AGGREGATE 15 2,000,000 _X POLICY I 1 JECT I I LOC I PRODUCTS-COMP/OPAGG S 2,000,000 .OTHER: I S___— 1 AUTOMOBILE LIABIDTY i CoMUINED SINGLE LIMIT I S 1,000,000 IdE Laseidnnrl { • ANY AUTO I BODILY INJURY(Per person SI ___ OWNED SCHEDULED f"- B AUTOS ONLY X Au7o5 Y Y CA024324P2018 05/04/2018 05/04l2019;BODILY INJURY(Per accident)i S X HIRED I X 1 NON-0WNED PROPERLY DAMAGE '1- AUTOSONLY i I AUTOS ONLY P-t S1EIid0E1 .S ______ 1 IS UMBRELLA LIAB 1 OCCUR 1 I I NCH OCCURRENCE 15 1,000,000 A X EXCESS(JAB CLAIMS-MADE mk1v2eul102476 05/04/2018 05/04/2019I AGGREGATE 5 1,000,000 IJED I-I RETENTIONS I I PR/COMP OPS AGG I s 1,000,000 WORKERS COMPENSATION 1I 1 STATUTE I 10Ry,w1 AND EMPLOYERS'LIABILITY YIN I I - . ,�„_, ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICER/MEMBER EXCLUDED? +,NIA EL EACH ACCIDENT S _ (Mandatory in NH), i If yes,describe under i I I I EL.DISEASE-EA EMPLOYE S ____ DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT I S r DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) APPRO S ENT BY DATE WAIVER N/A ..... 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 EST FL 33040 W tt-,,,2 c i.--- ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD