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5th Amendment 12/13/2023
c�R aogft' Kevin Madok, cPA •..::.,• Clerk of the Circuit Court&Comptroller- Monroe County, Florida y�E coo DATE: December 15, 2023 TO: John Allen Director of Parks&Beaches ATTN: Suzi Rubio, Sr. Project& Budget Manager, Parks&Beaches Erika Nodal Executive Assistant FROM: Pamela G. HancoC. SUBJECT: December 13''BOCC Meeting Attached are electronic copies of the following items for your handling: Cl 5'Amendment to Agreement witli Beach Raker, LLC,for Beach Cleaning, Maintenance, and Beautification at Higgs Beach for the second of diree (3) 1-year term extensions for services.TDC is the funding source. C5 Lease Agreement with Monroe County Sheriffs Office to provide die Monroe County Sheriffs Department wide 149.6 sq. ft. of office space for one (1) year at Bernstein Park on Stock Island, Key West, FL.This agreement shall be retroactive to August 15, 2023. C6 2'Amendment to the Management Agreement with YMCA for die Key Largo Community Park and Skate Park, dated November 20, 2012, amending die language regarding submission of mondily invoices and to provide for clarification of the process of submission of invoices and payment. C14 Contract with the lowest responsive and responsible bidder, Sport Surfaces, LLC for the Key Largo Pickleball Installation Project to install 10 new Pickleball courts. The $398,000 project is funded by District 3 Impact Fees and ARPA funds. 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 FIFTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL BEACH CLEANING:,.MA1N.TENA.NCE�AND BEAU�TIFIC�ATTQ�N HIGG ORIDA THIS FIFTH AMENDMENT TO AGREEMENT is made and entered into this 131th day of December 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is I 100 Simonton Street, Key West., Florida 33040, and BEACH RAKER, LLC ("CONTRACTOR"), a Florida. limited liability company', whose address is 220 NE 13t" 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 Agreernent 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, 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; and WHEREAS, on April 19, 2023, the BOCC approved a Fourth Amendment to the Agreertient to amend the Original Agreement to increase payment arnounts by the annual CPI-U adjustment of 6.5% as of December 31, 2022, 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, the Original Agreement provides for' Lip to three (_3)) additional one-year renewals; and WHEREAS, the Parties desire to extend the term for the second of three year 1-year extension for services to commence on January 1. 2024, and terminate on December 31, 2024; and WHEREAS, CONTKACTOR agrees to extend the term 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 ainend its Original Agreement and any related amendrnents,, and enter into this Fifth Amendment to Agreement; I NOW, THEREFORE, JN 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 second of three (3) optional one-year periods. This renewal shall commence_on January 1, 2024, and end upon December 31, 2024,unless terminated earlier under Paragraph 20 of the Original Agreement. 2. Except as set forth in Paragraphs 1 of this Fifth Amendment to Agreement, in all other respects,'the terms and conditions set forth in the Original Agreement, as amended; remain in fiill- force and effect. ' SS WHEREOF, the,parties hereto have set their hands and seals the day and year firs a e t.ig 23 BOARD OF COUNTY COMMISSIONERS s MADOK, CLERK OF MONROE COUNTY,FLORIDA 4't' Ja �Oor °°4niv Y: By: As Deputy Clerk Mayor APPROVED AS TO FORM h LEGAL SUFFICIENCY Date: December 13,2023 Mom a onnty Attomey's OINoe 11 D]MM D th.H.MMW Amhu Asp tent County Attomey Witnesses for CONTRACTOR: CONTRACTOR: r BEACH RAILER,LLC c7) "' CT d =L :Signature �Jgnattir&-.uro&son authorized to legally bind the Corporation o '? CA Date: Date: l t.- 2 - 2-0-2-.3 544-114'A Sed�ue.�ZL Print Name Address: i% 3- Signature Date Telephone Number 2 DATE(MMIDDIYYYY) ACOR" CERTIFICATE OF LIABILITY INSURANCE `....,.-� 09/05/2023 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 HE DTRT Insurance Group/Loyal Clients AICONNo Ext: 305-451-4510 FAX No): 305-451-7146 12550 West Atlantic Blvd ADDRESS: KATHY@DTRTINSURANCE.COM INSURER(S)AFFORDING COVERAGE NAIC# Coral Springs FL 33071 INSURER A: INFINITY ASSURANCE INS CO 39497 INSURED INSURER B: 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 ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER MM DDNYYY MM DD POLICY EFF POLICY EXP LTR LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1A AGE TOCLAIMS-MADE OCCUR PREM SESOEa oNcurrDence $ 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 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED V SCHEDULED X 509820058764001 05/03/2023 05/03/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED 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 YIN ICY )�"tl STATUTE ER ...— -.. ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ A E.L.EACH ACCIDENT $ 7 OFFICER/MEMBER EXCLUDED NIA7 m--._,,,�..,�. (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under "xyft '" DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I 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. 1111 12th ST,SUITE 408 AUTHORIZED REPRESENTATIVE KEY WEST FL 33040 ©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 09/05/2023 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:23FLO80969170 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 AUTOS ONLY AUTOS ( ,� BODILY INJURY(Per person) $ ' OWNED SCHEDULED r )�" .., BODILY INJURY(Per accident) $ HIRED NON-OWNED "'�""�' PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY DATE--------:.6 23„_,,,,,,,,„„�,.,,,,,�,.w.,,�,�.�mm Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER A NYPROPRI ETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑ N/A WC 47-58-512-12 06/01/2023 06/01/2024 (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: 06/01/2023 06/01/2024 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 BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1111 12th Street, Suite 408 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 11/30/2023Y) 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 Company 12203 INSURED INSURER B: 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 ADDL SUBR P ICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER M D/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE j OCCUR Y Y 000975863-4 12/1/2023 12/1/2024 PREMI ES( RENTED 100 000 PREMISES Ea occurrence) $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENERA-AGGREGATE $ 2,000,000 L71 jECPOLICY LOC ., 2,000,000 X per project agg capped at$3m OTHER: DATE AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT WAIVER N/A YES 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 12/1/2023 12/1/2024 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ 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) Operations: Beach Cleaning and Raking ADDITIONAL INSURED(s):The Certificate Holder is listed as additional insureds when required by written contract. WAIVER OF SUBROGATION: Above Policies include a waiver of subrogation in favor of the additional insured(s)entities listed. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street 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