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2nd Amendment 05/18/2022 DATE: May 26, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: May 18th BOCC Meeting Attached are electronic copies of the following items for your handling: D4 2nd Amendment to the Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach with a CPI-U increase of 7% retroactive to April 1, 2022 and updated Federal contract provisions and/or Monroe County Ordinances and Purchasing Policy changes. TDC is the funding source. D6 One-year new Residential Lease with a County employee for Location E, Unit 1, to commence June 1, 2022 and extend through May 31, 2023. The monthly rental amount is $550.00. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File SECOND AMENDMENT TO AGREEMENTFOR PROFESSIONAL BEACH CLEANING, MAINTENANCE, AND BEAUTIFICATION HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 18th day of May 2022, 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 th (“CONTRACTOR”), a Florida limited liability company, whose address is 220 NE 13 Street, Pompano Beach, Florida 33060. WHEREAS, the parties hereto did on December 11, 2019, enter into an Agreement to provide professional beach cleaning, maintenance, and beautification, at Higgs Beach, Key West, Monroe County, Florida, (hereinafter “Original Agreement”); and WHEREAS, on July 21, 2021, the BOCC approved a First Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original Agreement and to revise some provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and WHEREAS, Paragraph 6 of the Original Agreement provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer st Price Index for all Urban Consumers (CPI-U) as of December 31 of the previous year; and WHEREAS, this Second Amendment is to amend the Original Agreement, as amended, to increase payment amounts by the annual CPI-U adjustment of seven (7%) as of December 31, 2021, pursuant to the terms of the Original Agreement; and WHEREAS, the COUNTY desires to also revise some provisions in its contracts and/or agreements to update and/or add current revisions pursuant to its Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and WHEREAS, CONTRACTOR agrees and consents to such revisions in its Original Agreement, as amended, to ensure compliance with Federal Required Contract Provisions, Monroe County Ordinances, and/or Purchasing Policy, and to increase its payment amounts; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend its Original Agreement and enter into this Second Amendment to Agreement; NOW, THEREFORE,IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1.In accordance with Paragraph 6 of the Original Agreement, the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year using the most recently published indicator. The CPI-U was seven (7%) on December 31, 2021. 2.The Contract amounts, based on the seven (7%) CPI-U increase as of December 31, 2021, in Paragraph 5.b. of the Original Agreement shall be increased and amended as follows: 1 $14,213.24per month for regular hours seven (7) days per week for cleaning, maintenance, and beautification services (which includes the fenced beachside Children’s Play Area on weekends, including equipment costs and dumping fees). $271.25 per hour for emergency cleaning, maintenance, and beautification services (ex. Post- hurricane clean-ups, including all costs associated with equipment, seaweed removal, and dumping fees). $271.25 per month for pressure cleaning the steps (5 sets once per month) into the water at Higgs Beach. $271.25 per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at Higgs Beach. $433.99 per day for a second daily service beach cleaning (optional upon Owner’s request) (ex. Excessive seaweed buildup on beach, including equipment costs and dumping fees). Total Compensation to CONTRACTOR under this Agreement for monthly cleaning, maintenance, and beautification services, the pressure cleaning services of the steps and Pavilions/Bandstands, and any second daily service beach cleaning shall not exceed Two Hundred Five Thousand Seven Hundred Thirty-four and 00/100 ($205,734.00) Dollars annually. Additional emergency work shall be performed in accordance with the rates set forth and described herein, but such work must be pre- approved. 3.The Contract payment amount adjustments set forth above shall be retroactive to April 1, 2022. 4.Paragraph 13, NONDISCRIMINATION, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 13 as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 13.NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment 2 and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339) as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix II, ¶ C, agrees as follows: 1)The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicantsfor employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2)The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3)The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee’s 3 essential job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the CONTRACTOR’S legal duty to furnish information. 4)The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representative of the CONTRACTOR’S commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5)The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6)The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7)In the event of the CONTRACTOR’S non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8)The CONTRACTOR will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 4 5.Paragraph 18, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 18, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 18.NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by CONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Beach Raker, LLC. th Facilities Maintenance Department 220 NE 13 Street, 123 Overseas Highway – Rockland Key Pompano Beach, FL 33060 Key West, FL 33040 and County Attorney th 1111 12 Street, Suite 408 Key West, FL 33040 6.Paragraph 39, Uncontrollable Circumstance, of the Original Agreement, as amended, is hereby amended to delete the current Paragraph 39, and replace it in its entirety with the following paragraph: 39.UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor’s financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under thisSection. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, 5 ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable time as the Owner’s Representative may determine. 7 Paragraph 44.2, Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708), of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.2, as set forth in the First Amendment to Original Agreement, and replace it in its entirety with the following paragraph: 44.2 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. §§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1)Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph 29 C.F.R. 5.5(b)(1), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5. (3)Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative 6 of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2). (4)Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.5 (1) through (4). 8.Paragraph 44.11, DHS Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 44.11, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 44.11 DHS Seal, Logo, and Flags. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 9.Paragraph 44.18, Compliance with Federal Law, Regulations, and Executive Order, is hereby amended to delete the current Paragraph 44.18, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 44.18 Compliance with Federal Law, Regulations, and Executive Order. 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. 10.The Original Agreement, as amended, is hereby amended to add the following as Paragraph 44.21, FEDERAL E-VERIFY SYSTEM, and shall read as follows: 44.21 FEDERAL E-VERIFY SYSTEM The Contractor shall utilize the U.S.Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 7 DATE (MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 05/03/2022 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 endorsement(s). CONTACT PRODUCER KATHY HALE NAME: FAX PHONE DTRT Insurance Group/ Loyal Clients305-451-4510305-451-7146 (A/C, No): (A/C, No, Ext): E-MAIL 12550 West Atlantic BlvdKATHY@DTRTINSURANCE.COM ADDRESS: INSURER(S) AFFORDING COVERAGENAIC # Coral SpringsFL33071INFINITY ASSURANCE INS CO39497 INSURER A : INSURED INSURER B : BEACH RAKER LLC INSURER C : 220 NE 13TH ST INSURER D : INSURER E : POMPANO BEACHFL33060 INSURER F : COVERAGESCERTIFICATE 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. ADDLSUBR INSRPOLICY EFFPOLICY EXP TYPE OF INSURANCELIMITS POLICY NUMBER LTR(MM/DD/YYYY)(MM/DD/YYYY) INSDWVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE$ DAMAGE TO RENTED CLAIMS-MADEOCCUR$ PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY$ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE$ PRO- POLICYLOCPRODUCTS - COMP/OP AGG$ JECT $ OTHER: COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY$ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNEDSCHEDULED BODILY INJURY (Per accident)$ AY50982005876400105/03/202205/03/2023 AUTOS ONLYAUTOS NON-OWNED HIREDPROPERTY DAMAGE $ (Per accident) AUTOS ONLYAUTOS ONLY $ UMBRELLA LIAB EACH OCCURRENCE$ OCCUR EXCESS LIAB CLAIMS-MADEAGGREGATE$ $ DEDRETENTION$ PEROTH- WORKERS COMPENSATION STATUTEER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT$ N / A OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE$ If yes, describe under E.L. DISEASE - POLICY LIMIT$ DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CLEANING SERVICES CERTIFICATE HOLDER IS ADDITIONAL INSURED CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. MONROE COUNTY BOCC INSURANCE COMPLIANCE AUTHORIZED REPRESENTATIVE PO BOX 100085- FX DULUTH, GA 30096 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD