3rd Amendment 12/07/2022 COURr.
Kevin Madok, cpA
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: December 27, 2022
TO: Kevin G \N'llson, PE
Assistant Count}'Administrator
ATTN: Suzanne Rubio
Executive Administrator
FROM: Panicla G. Hanco(�,
SUBJECT: December 7' 130CC Mee6iig
Attached is an electronic copy of the following item for your handling:
C14 3rd Amendment to Agreement "ridi Beach Raker, 1,1,C, for Beacli Cleaning,
Mai'i-iteriance, and Beautification at Hids Beach for term renewal widi updated contract
provisions. TDC is die funding source.
Should you liavc any questions please feel free to contact nic 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 3300 Marathon, Florida 33050 Plantation Key, Florida 33070
THIRD AMENDMENT TO AGREEMENT FOR
PROFESSIONAL BEACH CLEANING, MAINTENANCE,AND BEAUTIFICATION
HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA
THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 7th day
of December 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 ("CONTRACTOR"), a Florida limited liability company,
whose address is 220 NE 131h 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, on May 18, 2022, the BOCC approved a Second Amendment to Agreement to
increase payment amounts by the annual CPI-U adjustment of 7% as of December 31, 2021,
pursuant to the terms of the Original Agreement and to revise other 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, the Original Agreement term was for three (3) years and currently terminates
on December 31, 2022. The Original Agreement provides for up to three (3) additional one-year
renewals; and
WHEREAS, the Parties desire to extend the term for an additional one-year period with the
term to commence on January 1, 2023, and terminate on December 31 2023; and
WHEREAS, the new Parks and Beaches Department has now assumed monitoring of this
contract rather than the Facilities Maintenance Department, which had monitored the contract in the
past. The COUNTY, therefore, desires to update Paragraph 18, NOTICE REQUIREMENT, of the
Original Agreement, as amended, to correct the address for notice to the County; 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
WHEREAS, CONTRACTOR agrees to extend the term of the Original Agreement and
correct the Notice provision as to the County's address; and
WHEREAS, the parties have found the Original Agreement, as amended, to be mutually
beneficial; and
1
WHEREAS, the parties find that it would be mutually beneficial to amend its Original
Agreement and enter into this Third 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 County exercises its option to
renew the agreement for the first of three (3) optional one-year periods. This renewal shall commence
on January 1, 2023, and ends upon December 31, 2023, unless terminated earlier under Paragraph 20 of
the Original Agreement.
2. 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.
Parks and Beaches Department 220 NE 131h Street,
102050 Overseas Highway Pompano Beach, FL 33060
Key Largo, FL 33037
and
County Attorney
1111 121h Street, Suite 408
Key West, FL 33040
3. Paragraph 44.17, Domestic Preference for Procurements, of the Original Agreement, as
amended, is hereby amended to delete the current paragraph 44.17, as set forth in the Original
Agreement, and replace it in its entirety with the following paragraph:
44.17 Domestic Preference for Procurements as set forth in 2 CFR §200.322 The
COUNTY and CONTRACTOR should, to the greatest extent practicable, provide a
preference for the purchase, 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:
2
(1) "PrwxJuced its the United States" means, for hron and steel products, that 0
mr a nufacturin Ilprocesses, firom the initial melting stage thirough the application of coathlV,
oc,curred in the United States. (2)"Manufactured products" means items and construction
rnateriapis cornposed in whole or in part of non-ferrous metals such as alurninurn;pW%tiQs andl
polymer-based pn3ducts, such as F.m yvinyl chloride pipe;aggregates such as concrete;gims,
including optical fiber;and Wnwber.
4, Except as set forth in Paragraphs I thirough 3 of this Third Amendment to Agreement, in aH
other inspects,the terms and conditions set forth in the Original Agreement,as arnended,remain in
NU force and effect.
'HEREOF,the parties hereto have set their hands and seat the day and year first
BOARD 0J."'CoLiNTYCOMMISSIONERS
ADOK,CLEIRK, OF MONIME "')I pN I'Y, FLOWDA
By:
As Depuky Clerk, ayor
W itne sin es for CONTRACTOR- CONTRACTOR�
BEACH RAKER,LLC
-Signature Sqnature of person authorized to
kgafly bind the Corporation
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Print Name
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