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4th Amendment 04/19/2023 FOURTH AMENDMENT TO ACC REEMENIJU PROFESSIONAL BEACH CLEA GR AINTENANLEANDEALI CIF CAT HIGGS RIDA THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this 19th day of April, 2023, 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 13'h 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 amend the Original 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, on December 7, 2022, the BOCC approved a Third Amendment to Agreement to exercise the County's option to renew the agreement for the first of three (3) optional one-year periods, commencing on January 1, 2023, and terminating on December 31 2023,update the Notice address provision for the County,and update a Federal contract provision; 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 Price Index for all Urban Consumers (CPI-U)as of December 31"of the previous year;and WHEREAS,this Fourth Amendment is to amend the Original Agreement, as amended, to increase payment amounts by the aimual CPI-U adjustment of six and one half percent (6.5%) as of December 31, 2022, pursuant to the terms of the Original Agreement;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 Fourth 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 six and one half(6.5%) on December 31 , 2. The Contract amOUnts, based on the six and one half(6.5%) CF1l-U increase as of December 31, 2022, in Paragraph S.b. of the Original Agreement shall be increased and amended as folly:ws: $15 137.10 per inonth for regular hours seven (7) days per week for cleaning, maintenance, and , beautification services (which inctudes the fenced beachside Children's Play Area on weekends, including equipinent costs and dumping fees). j288.88 per hour, fbr emergency cleaning, maintenance, and beautification services (ex. Post- hurricane Clea.11-UPS. including all costs associated with equipment, seaweed rerno-val, and durnping fees). $288.88 per mouth for pressure cleaning the steps (5 sets once per month) into the water at Higgs Beach, �a288. per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at CP Higgs Beach, �462.210 per day for a second daily service beach cleaning (optional upon Owner's request) (ex. Excessive seaweed buildup on beach, including equipment costs and durnping fees), Total Compensation to CON'T.RACTOR under this Agreement for monthly cleaning, maintenance, and beautification services, the pressure cleaning services of the steps and Pav i I ions/Band stands, and any second daily service beach cleaning shall not exceed Two Hundred Nineteen Thousand One Hundred Six and 71/100 ($219,106.71) 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 adjustaients set forth above shall be effective April 1, 2023. 4. The Original Agreement. as arnended., is hereby amended to add the following as Paragraph. 44.22, Energy Efficiencyand shall read as follows: 44.22 Energy Efficiency. If applicable, Contractor Nvill comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 US C. §§6201-6422) and with all mandatory standards and policies relating to ener9 y efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. 5. Except as set forth in Paragraphs I through 4 of this fourth Amendment to Agreement, in all other respects., the terms and conditions set forth in the Original Agreement. as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFTBLANKI ISIGNATURE PAGE TO FOLLOW] 2 ACOR" CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYYY) 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). PRODUCER CONTACT NAME: KATHY HALE DTRT Insurance Group/Loyal Clients A/CNN Ext: 305-451-4510 A/c No: 305-451-7146 ML 12550 West Atlantic Blvd ADDRESS: KATHY@DTRTINSURANCE.COM INSURER(S)AFFORDING COVERAGE NAIC# Coral Springs FL 33071 INSURERA: INFINITY ASSURANCE INS CO 39497 INSURED INSURER B BEACH RAKER LLC INSURER 7 220 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 SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE1:1 OCCUR .APPROVED BY RISK MANAGEMENT PREMISES Ea occurrence) ccurrence $ By �-t MED EXP(Any one person) $ DATE i PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NIA YES GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC i PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y 509820058764001 05/03/2022 05/03/2023 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS XHIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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 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. 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 DATE(MM/DD/YYYY) AC "R" CERTIFICATE OF LIABILITY INSURANCE 08/03/2022 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). PRODUCER CONTACT NAME: Bouchard Insurance for FrankCrum PHONE FAX 101 StarcrestDrive A/c No Ext: A/C No: E-MAIL Clearwater, FL 33758 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: American Zurich Insurance Company 40142 INSURED INSURER B: FrankCrum 12,Inc.Alt.Emp:Beach Raker LLC 100 South Missouri Avenue INSURER C 7 Clearwater,FL 33756 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:22FLO80969170 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 LIMITS LTR INSD WVD POLICY NUMBER MM/DD/YWY MM/DD/YWY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO CLAIMS-MADE OCCUR PREMISES Ea oND currence $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ PRO- ❑ JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO .: ,T BODILY INJURY(Per person) $ 0 OWNED SCHEDULED -'� * BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED „,„, PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY -- Per accident , � 8 4 . 22 $ UMBRELLA LIAB OCCUR —­ EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE N - AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ N/A WC 47-58-512-11 06/01/2022 06/01/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 Location Coverage Period: 06/01/2022 06/01/2023 Client# B0265-FL DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Beach Raker LLC Coverage is provided for 220 N E 13th St only those co-employees of,but not subcontractors Pompano Beach, FL 33060 to: CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners(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 '"' . G ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and loao are reaistered marks of ACORD B EAC RAK-01 �►co�ro,,, CERTIFICATE OF LIABILITY INSURANCE D TE 11/29/2022Y) 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: Plastridge Insurance Agency PHONE 808-6665 FAx 820 NE 6th Avenue (A/C,No,Ext): (561) (A/C,No):(561)276-5244 Delray Beach,FL 33483 E-MAIL rbrawner@plastridge.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:James River Insurance Co. 12203 INSURED INSURERB: Economy Preferred Insuance Company 38067 BEACH RAKER,LLC INSURER C7 220 SE 13th St INSURER D: Pompano Beach,FL 33060 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 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 NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE j OCCUR 000975863 12/1/2022 12/1/2023 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ Y Y MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JECT PRO- El ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE 000975883 12/1/2022 12/1/2023 AGGREGATE $ DED RETENTION$ Aggregate $ 1,000,000 WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) APPROVED BY RISK MANAGEMENT Operations: Beach Cleaning and Raking BY„ r The Certificate Holder is also listed as Additional Insured&Blanket Waiver of Subrogation as required by written DATE contract is included on General Liability&Business Auto Policy. WAIVER N/A YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED Y WITHIN 30 DAYS NOTICE. 1111 12th Strett, Suite 408 Key West, FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD