Loading...
1st Amendment 09/20/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 26, 2023 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: September 20, 2023 BOCC Meeting The attached item has been executed and added to the record: C2 First Amendment to the contract with Brightview Landscape Services, Inc. for Ballfield Maintenance, to extend the agreement for the first of four additional one-year periods; to include a CPI-U increase of 3%; inclusion of amounts for overseeing; and amending the purchasing power of the County Administrator in the event of an emergency to match Monroe County's purchasing policy. Should you have any questions please feel free to contact me 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 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 FIRST AMENDMENT TO AGREEMENT FOR BALLFIELD MAINTENANCE - MULTIPLE LOCATIONS MONROE COUNTY, FLORIDA THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 20th day of September 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 BRIGHTVIEW LANDSCAPE SERVICES,INC.,a Florida For Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 980 Jolly Road, Suite 300, Blue Bell, PA 19422, but whose mailing address for purposes of this Agreement is 4155 East Mowry Dr., Homestead, FL 33033. WHEREAS, the parties hereto did on September 21, 2022, entered into an Agreement to provide BALLFIELD MAINTENANCE - MULTIPLE LOCATIONS; and WHEREAS, the Original Agreement term was for one (1) year and currently terminates September 20,2023. Paragraph 6 of the Original Agreement provides for up to four(4) additional one-year options for renewal; and WHEREAS,the Parties desire to extend the term of this agreement for the first of four(4) additional one-year periods with this term to commence on September 20, 2023, and terminate on September 20, 2024; and WHEREAS, additional pricing for overseeding was provided as an additional cost in the Response to the Request for Proposals; and WHEREAS, the Parties desire to list the quoted amounts for overseeding on the contract; 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) or 3%, whichever is less as of December 31 st of the previous year; and 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 four (4) optional one-year periods. This renewal shall commence on September 20, 2023, and end September 20, 2024, unless terminated earlier under Paragraph 21 of the Original Agreement. 2. 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) or 3%, whichever is less, 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, 2022, therefore,the contract amount shall be increased by 3% along with the amounts for overseeding. 3. Paragraph 5(C)of the Original Agreement,based on the three percent(3%)CPI-U increase as of December 31, 2022, is hereby amended as follows: C. Total Compensation to CONTRACTOR under this agreement shall not exceed One Hundred Fifty-Two Thousand Eight Hundred Fifteen and 38/100 dollars ($152,815.38) annually unless pre-approved additional and/ or emergency work requiring additional funds is implemented. Additional funding for overseeding is allowed and shall not exceed Six Thousand Nine Hundred Seventy and 31/100 dollars ($6,970.31). Payment for overseeding is contingent on written pre-approval by the Department Director prior to work being commenced. $1,958.44 per application at Bernstein Park, Stock Island $337.20 per application at Watson Field, Big Pine Key $1468.83 per application at Big Pine Community Park, Big Pine Key $1,689.76 per application at Harry Harris Park, Tavernier $188.42 per application at Friendship Park, Key Largo $1327.66 per application at Key Largo Community Park, Key Largo 4. The Contract payment amount ad'ustments set forth above shall be effective September 20 2023, 5. Paragraph 5(D) of the Original Agreement is hereby amended as follows: D. In the event of a major emergency maintenance service or other ballfield repairs, not contemplated herein as set forth on Exhibit " A", the County shall have the option to request from the Contractor only, a proposal/ quote for the additional emergency work. Approval of proposals shall follow the current Monroe County BOCC Purchasing Policy. 6. Except as set forth in Paragraphs 1 through 4 of this First 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. IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first ,,..---,—above written. .":„aig 0 cc-le' ., , is A ' ', BOARD OF COUNTY COMMISSIONERS .7VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA f W.j.,. ..-•.., 4\,0.4 iSfA,,, CAV By: ,Aiiii, Date: q ) zoizoz3 APPROVED AS TO FORM ac LEGAL SUFFICIENCY Monr 10 ounty Attorney's Office ,k_OAN.02...) 08/23/2023 •thane Mentes Archer Ass-tont County Attorney Witnesses for CONTRACTOR: CONTRACTOR: 1111.1111,110 441/MrAlk IP . girl Brightview Landscape Inc. 1/64A, v gnature • Signature of person authorized to legally bind the Corporation Date: al Date:8-21-23 Charles Gonzalez, VPGM Print Name -........ Address:4155 East Mowry Drive gnature Homestead, FL 33033 Date. Telephone Number ''..*) 1....... F., "Z. .;...) _ Col • ni m .=,-- ,..._,-..., crl cp • _... x; zF; -..--‹-- = m -ri 3, co ,06.7 c-D DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 09/22/2022 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 p REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. U m 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: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 Philadelphia PA Office (A/C.No.Ext): A/C.No.: a 100 North 18th street E-MAIL 15th Floor ADDRESS: _ Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 BrightView Landscape services, Inc. INSURERB: American Guarantee & Liability Ins Co 26247 980 jolly Road suite 300 Blue Bell PA 19422 USA INSURERC: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570095441812 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG47 18397 EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & condi ions $2,000,000 PREMISES Ea occurrence VIED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 N GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 v POLICY ❑X PRO- El LOC PRODUCTS-COMP/OP AGG $5,000,000 0 OTHER: o A ISA H1071333A 10/01/2022 10/01/2023 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HI RED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR AUC508596818 10/01/2022 10/01/2023 EACH OCCURRENCE $3,000,000 V EXCESS LIAB CLAIMS-MADE AGGREGATE $3,000,000 DED RETENTION A WORKERS COMPENSATION AND WLRC50687302 10/01/2022 10/01/2023 X I PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N WC - AOS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 A OFFICER/MEMBER EXCLUDED? N/A SCFC50687405 10/01/2022 10/01/2023 (Mandatory in NH) WC - WI E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000- DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC, 1100 Simonton Street, Key West, FL 33040 is included as Additional Insured in accordance with the policy provisions of the General Liability policy and Auto Liability policy. Ira r-J 2 . 2 23 2z CERTIFICATE HOLDER CANCELLATION �� °°-- ���"� _, �a, SHOULD ANY OF THI WAMM wok EXPIRATION DATE THE POLICY PROVISIONS. Monroe County BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XSL G47318397 001 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: XSL G47318397 001 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s)Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 SCHEDULE OF NAMED INSUREDS Named Insured Endorsement Number BrightView Landscapes, LLC TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement XSL I G47318397 001 10/01/2022 to 10/01/2023 10/01/2022 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The Named Insured shown in the Declarations is amended to read as follows: BrightView Landscapes, LLC BrightView Landscape Services, Inc. BrightView Tree Care Services, Inc. BrightView Golf Course Maintenance, Inc. BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. BrightView Landscape Services, Inc,dba Marina Landscape Maintenance BrightView Tree Care Services , Inc dba Urban Tree Care (formerly known as Urban Tree Care) BrightView Landscape Services, Inc. dba Girard Environmental Services BrightView Landscapes, LLC dba Cutting Edge Property Maintenance as well as any organization other than a partnership or joint venture, and over which you or your subsidiary currently maintain ownership or majority interest provided there is no other similar insurance available to that organization; and any other organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, provided: a) there is no other similar insurance available to that organization; and b) you notify us of such acquisition not later than 60 days after the end of the policy period. As respects newly acquired or formed organizations: 1. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization; and 2. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an offense committed before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past joint venture that is not shown as a Named Insured on this schedule. Authorized Agent LD-12992a (08/04) Includes copyrighted material of Insurance Services Office, Inc.with its permission Page 1 of 1 SCHEDULE OF NAMED INSUREDS Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement ISA H1071333A 10/01/2022 To 10/01/2023 10/01/2022 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIERS COVERAGE FORM AUTO DEALERS COVERAGE FORM The Named Insured shown in the Declarations is amended to read as follows: BrightView Landscapes, LLC BrightView Landscape Services, Inc. BrightView Landscape Development, Inc. BrightView Tree Care Services, Inc. BrightView Golf Maintenance, Inc. BrightView Design Group BrightView Enterprise Solutions, LLC BrightView Companies, LLC BrightView Chargers, Inc. Western Landscape Construction William A. Guthridge and Son, Inc; BrightView Tree Care Services, Inc dba Urban Tree Care (formerly known as Urban Tree Care) BrightView Landscape Services, Inc dba Girard Environmental Services (formerly known as Girard Environmental Services) BrightView Holdings, Inc. Western Landscape Construction dba Signature Landscapes BrightView Landscape Development, Inc.. dba BrightView Aquatics BrightView Landscapes, LLC dba Cutting Edge Property Maintenance Named Insured includes First Named Insured; other entities to be covered as of inception and any organization other than a partnership or joint venture, and over which you currently maintain ownership or majority interest, provided there is no other similar insurance available to that organization; and any other organization you newly acquire or form, other than a partnership or joint venture, and over which you maintain ownership or majority interest, provided: a) There is no other similar insurance available to that organization; and b) you notify us of such acquisition not later than 60 days after the end of the policy period. As respects newly acquired or formed organizations, coverage does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. No person or organization is an insured with respect to the conduct of any current or past joint venture that is not shown as a Named Insured on this schedule. Authorized Representative DA-13118a (06/14) Page 1 of 1