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5th Amendment 11/20/2019 �COVRta�111 Kevin Madok, CPA �'�3 ��•t.= Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: December 10, 2019 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc� �l�.C. SUBJECT: November 20th BOCC Meeting Attached is an electronic copy of the following item for your handling: F9 5th Amendment to Agreement with Beach Raker, LLC, for professional beach cleaning at Higgs Beach, Key West, for extension of the current term on month-to-month basis; not to exceed six months;pending the award of a new contract under the Request for Proposals. TDC is the funding source. Should you have any questions, please feel free to contact me at (305) 292-3550. cc: Facilities Supervisor County 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 FIFTH AMENDMENT TO AGREEMENT PROFESSIONAL BEACH CLEANING,MAINTENANCE,AND BEAUTIFICATION HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into this 20th day of November, 2019, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BEACH RAKER, LLC ("CONTRACTOR"), a Florida Limited Liability Company, whose address is 220 NE 13th Street,Pompano Beach,Florida 33060. WHEREAS, on November 18, 2014, the County entered into an agreement with EE&G Environmental Services, LLC, to provide professional beach cleaning, maintenance, and beautification services at Higgs Beach,Key West, Monroe County, Florida,_including the children's_ fenced play area/beach side on weekends (Saturdays and Sundays) (hereinafter "Original Agreement"); and WHEREAS, on January 20, 2016, the BOCC approved the First Amendment Agreement, and; WHEREAS, on October 19, 2016, the BOCC approved the Second Amendment First Renewal Agreement, and; WHEREAS, on November 14, 2017, the BOCC approved the Third Amendment Second Renewal Agreement; and WHEREAS, on December 19, 2018, the BOCC approved the Fourth Amendment to Agreement; and WHEREAS, on February 20, 2019, the BOCC approved the Consent to Assignment of Agreement from EE&G Environmental Services, LLC, to Beach Raker, LLC, for professional beach cleaning at Higgs Beach,Key West;and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the current term of the Original Agreement, as amended, terminates on November 30,2019; and WHEREAS, the parties find that it would be mutually beneficial to enter into this Fifth Amendment to Agreement to extend the term on a month-to-month basis, not to exceed six (6) months pending the award of a contract under the Request for Proposals (RFP), which was advertised on September 23,2019; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. In accordance with Paragraph 4 of the Original Agreement,TERM OF AGREEMENT,this extension of the term shall commence on December 1,2019, on a month-to-month basis,not to exceed six(6)months, pending the award of a contract under the Request for Proposals(RFP). The contract amount for Professional Beach Cleaning, Maintenance, and Beautification,Higgs , Beach,shall remain at Eleven Thousand Eight Hundred Two and 90/100 ($11,802.90)Dollars per month. Except as set forth in paragraph 1 of this Fifth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, shall remain in full force and effect. , - IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year ,,,,t ,-1fit7},,,,,,c, ti b, written. a Es„,,,,, ,, aj k_,4 ,v 'Zi:,tkl+. Lys E`A , BOARD OF COUNTY COMMISSIONERS b ' {% IN MADOK,CLERK OF MONROE COUNTY, FLORIDA __- __ 4 5t* 'A nor r,,,,,,, cy t h'3RAE.v^3T - ,, .,x Y°c..toao+n-ems%-'n B Y By:• _ Deputy Clerk _.:_. M.,or .._ a Date:. 11 �'14A- a al z�1 9 Date: (U.44'"6" l'°i I fir-, rrt r� ;: CD CD "Ti CONTRACTOR: c_` BEACH RAKER, LLC ._ L Witnesses for CONTRACTOR: , ,.� .. �.�''"�— Signature o erson authorized to Signa' legally bind orporation Date: /0/4)//q - ±y„,t-,,l- Dil\Nrs inlilz, Geoo,)ti___L-.__:lg). _-.s_.__4r_,_,_ res,clei Printe _Name and Date , Pnnt Name and Title "ct,;,eri .----1----7 Address: 720 k C3•711- Sk r-\-?.) p cL_ Signature Telephone Number tf,91-rtex 4rt,�(3 C20-117Ctle2_/0/ 1g Printed Name and Date MO OE COUNTY ATTORNEY'S OFFICE XIZP�iOVED ASO .0 M PATRICIA FABLES ASSISTANT cOUIITY ATTORNEY DATE: 11; AC R CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/18/2019 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 holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bouchard Insurance for Frank Crum PHONE FAX 101 Starcrest Drive (A/C,No,Ext): (A/C,No): E-MAIL Clearwater,FL 33758 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B: FrankCrum 12,Inc.Alt.Emp:Beach Raker LLC 100 South Missouri Avenue INSURER C: Clearwater,FL 33756 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:19FL080969170 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) S MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATEPRO- S POLICY JECT JECT LOC A RISK PRODUCTS-COMP/OP AGG $ OTHER: MEA1T $ AUTOMOBILE LIABILITY SY COMBINED SINGLE LIMIT S (Ea accident) ANY AUTO DA BODILY INJURY(Per person) $ OWNED SCHEDULED - -' —— -- - ------ BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS ,p/ AHIRED UTOS ONLY AO WAIVER a/Pq� YES PROPERTY PROPERTY DAMAGE AUTOS ONLY $ r (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION Mum EMPLOYERS'LIABILITY Y/N X STATUTE ER A OFFCER/MEMBEREXCLUDED?ECUTIVE N/A WC47-58-512-08 06/01/2019 06/01/2020 E.L.EACH ACCIDENT 5 1,000,000 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEEJI $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I$ 1,000,000 Location Coverage Period: 06/01/2019 06/01/2020 Client# B0265-FL DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Coverage is provided for Beach Raker LLC only those co-employees 220 NE 13th St of,but not subcontractors 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 I / ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and loao are registered marks of ACORD AC(O CERTIFICATE IFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 06/18/2019 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 holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Lorna Staab ONE DTRT Insurance Group/Loyal Clients tact.No,Ext): (877)871-3878 (AArc,No): (855)329-3878 12550 West Atlantic Blvd A info@dtrtinsurance.com DREDRESS: nfo dtrtinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Coral Springs FL 33071 INSURER A: EVANSTON INSURANCE COMPANY 35378 INSURED INSURER B: METROPOLITAN CASUALTY INSURANC 40169 BEACH RAKER LLC INSURER C: 220 NE 13TH ST INSURER D: INSURER E: POMPANO BEACH FL 33060 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBRw POLICY NUMBER POLICY EFF POLICY EXP LIMITS (MMIDD/YYYY! (MMIDD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TCLAIMS-MADE X OCCUR PREMISESO(Ea occurRENTErence) $ 1,000,000 MED EXP(Any one person) $ 5,000 A y y MKLV2PBC000265 05/04/2019 05/04/2020 PERSONAL BADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG 5 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ B OWNED Xv/ SCHEDULED Y Y CA024324P2019 05/04/2019 05/04/2020 BODILY INJURY(Per accident) $ AUTOS ONLY ^ AUTOS XHIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S 1,000,000 A X EXCESS LIAB CLAIMS-MADE MKLV2EUL103297 05/04/2019 05/04/2020 AGGREGATE $ 1,000,000 DED I RETENTIONS PR/COMP OPS AGG $ 1,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y I N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A APP D ' ISK ftiCxEMENT (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ ( I WAiv YES— DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) ADDITIONAL INSURED AND WAIVERS OF SUBROGATION APPLY ONLY IF REQUIRED BY WRITTEN CONTRACT AND AS PER THE POLICY TERMS AND CONDITIONS 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 �� e�--KEY WEST FL 33040 ��/,? %�1 t ` ' l'l' Gt� 1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD