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2nd Amendment 12/13/2023 GJR COURfa Kevin Madok, CPA � �. o ...:,... •� Clerk of the Circuit Court&Comptroller-Monroe County, Florida yR�co�� DATE: December 15, 2023 TO: John Allen Director of Parks&Beaches A=: Suzi Rubio, Sr. Project& Budget Manager, Parks&Beaches Erika Nodal Executive Assistant FROM: Pamela G. HancocC. SUBJECT: December 13'h BOCC Meeting Attached are electronic copies of the following items for your handling: Cl 5'Amendment to Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach for die second of three (3) 1-year term extensions for services.TDC is the funding source. C5 Lease Agreement with Monroe County Sheriffs Office to provide the Monroe County Sheriffs Department with 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 die Management Agreement with YMCA for die Key Largo Community Park and Skate Park, dated November 20, 2012, amending die language regarding submission of monthly 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 die 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 SECOND AMENDMENT TO MANAGEMENT AGREEMENT FOR KEY LARGO COMMUNITY PARK AND SKATE PARK DATED NOVEMBER 20,2012 This Second Amendment to the Management Agreement dated November 20, 2012 ("Agreement") between MONROE COUNTY, FLORIDA, a political subdivision of the State of Florida ("County"), and THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF SOUTH FLORIDA, INC. ("YMCA"), for the management, operation and provision of programming at the Key Largo Community Park and Skate Park ("Key Largo Park"), is made and entered into on the 13th of December, 2023, between the parties for purposes of amending the Agreement, as follows: WITNESSETH In consideration of the covenants and conditions set forth herein, this Amendment shall revise the Agreement between the County and the YMCA as follows: WHEREAS, on November 20, 2012, the Parties entered into the Agreement for the YMCA to serve as contractor to provide management, supervision, direction, and operation services over recreational programs and facilities at the Key Largo Park, including the Skate Park; and WHEREAS, on May 18, 2016, the BOCC approved a First Amendment to the Agreement to amend the Original Agreement to remove YMCA's obligation for the management, supervision, direction, or operation of the Skate and Bike Park at the Key Largo Park, as originally contemplated between the Parties and in the Agreement; and WHEREAS, pursuant to the Original Agreement, the Clerk's Finance Department reserves the right to review reimbursement requests; 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 the Agreement; NOW THEREFORE, in consideration of the mutual promises contained herein, it is agreed as follows: 1. Paragraph 10, CONTRACT AMOUNT shall be amended and revised to add the following language: Contractor shall submit to County invoices monthly in arrears, on or before the 1 Oth day of the following month, with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Payment may be withheld for failure of Contractor to comply with a term, condition, or requirement of this Agreement. Monroe County's Fiscal Year is October 1st through September 30th. All outstanding invoices must be submitted for payment within ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 2. Exhibits A and B to the Original Agreement are hereby replaced in their entirety with Exhibits A and B that are attached to this Second Amendment, 3. Except as set forth in Paragraphs 1 through 2 of this Second 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. WHEREOF, each party caused this Amendment to the Agreement to be duly authorized representative. BOARD OF COUNTY COMMISSIONERS MADOK,CLERK OF MONROE COUNTY,FLORIDA -•a "'-4Nn���p,H'j By: By: As Deputy Clerk Mayor APPROVED AS TO FORM&LEGAL SUFFICIENCY Date: December 13,2023 Mo a ounty Attorney's Office N thaDa Mellies Archer Assistant County Attorney Witnesses for CONTRACTOR: CONTRACTOR: Signature Signature of person au onze� ^to legally bind the Corporation_.,_- cri a Date , Date ' � Z3 'i CD r Print Name Address: 9®a S Ei ,3 rLq SLci 4-L Z,to Signatu 2t3 ctsy 133L1 . 9(4aA Date Telephone Number EXHIBIT A EXPENSE REIMBURSEMENT REQUIREMENTS This document is intended to provide basic guidelines to Human Service and Community- Based Organizations, county travelers, and contractual parties who have reimbursable expenses associated with Monroe County business. These guidelines, as they relate to travel, are from the Monroe County Code of Ordinances and State laws and regulations. A cover letter (see Exhibit B) summarizing the major line items on the reimbursable expense request needs to also contain the following notarized certified statement: "I certify that the above checks have been submitted to the vendors as noted and that the attached expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source." The notary public is subject to the provisions of Chapter 117, Florida Statutes, must use a certificate in substantially the following form in notarizing a tangible or an electronic record. TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of Invoices should be billed to the contracting agency. Third party payments will not be considered for reimbursement. Remember, the expense should be paid prior to requesting a reimbursement. Only current charges will be considered, no previous balances. Reimbursement requests will be monitored in accordance with the level of detail in the contract. This document should not be considered all-inclusive. The Clerk's Finance Department reserves the right to review reimbursement requests on an individual basis. Any questions regarding these guidelines should be directed to 305-292-3534. Data Processing, PC Time, etc. The vendor invoice is required for reimbursement. Inter-company allocations are not considered reimbursable expenditures unless appropriate payroll journals for the charging department are attached and certified. Payroll A certified statement verifying the accuracy and authenticity of the payroll expense is needed. If a Payroll Journal is provided, it should include dates, employee name, salary or hourly rate, total hours worked, withholding information and paid payroll taxes, check number and check amount. If a Payroll Journal is not provided, the following information must be provided: pay period, check amount, check number, date, payee, and support for applicable paid payroll taxes. Payroll and/or fees for services requests for reimbursement shall include the supporting documentation as detailed above. The Clerk may request further documentation to verify and substantiate that the payment request for payroll and/or fees for services relates to the services provided. Postage, Overnight Deliveries, Courier, etc. A log of all postage expenses as they relate to the County contract is required for reimbursement. For overnight or express deliveries, the vendor invoice must be included. Rents, Leases, etc. A copy of the rental or lease agreement is required. Deposits and advance payments are not allowable expenses. Reproductions, Copies, etc. A log of copy expenses as they relate to the County contract is required for reimbursement. The log must define the date, number of copies made, source document, purpose, and recipient. A reasonable fee for copy expenses will be allowable. For vendor services, the vendor invoice and a sample of the finished product are required. Supplies, Services, etc. For supplies or services ordered, a vendor invoice is required. Telefax, Fax, etc. A fax log is required. The log must define the sender, the intended recipient, the date, the number called, and the reason for sending the fax. Telephone Expenses A user log of pertinent information must be remitted including: the party called, the caller, the telephone number, the date, and the purpose of the call. Travel and Meal Expenses Travel expenses must be submitted on a State of Florida Voucher for Reimbursement of Travel Expenses. Travel reimbursement requests must be submitted and will be paid in accordance with Monroe County Code of Ordinances and State laws and regulations. Credit card statements are not acceptable documentation for reimbursement. If attending a conference or meeting, a copy of the agenda is needed. Airfare reimbursement requires the original passenger receipt portion of the airline ticket. A travel itinerary is appreciated to facilitate the audit trail. Auto rental reimbursement requires the vendor invoice. Fuel purchases should be documented with paid receipts. Taxis are not reimbursed if taken to arrive at a departure point: for example, taking a taxi from one's residence to the airport for a business trip is not reimbursable. Parking is considered a reimbursable travel expense at the destination. Airport parking during a business trip is not. A detailed list of charges is required on the lodging invoice. Balance due must be zero. Room must be registered and paid for by traveler. The County will only reimburse the actual room and related bed tax. Room service, movies, and personal telephone calls are not allowable expenses. Mileage reimbursement shall be at the rate established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. An odometer reading must be included on the state travel voucher for vicinity travel. Mileage is not allowed from a residence or office to a point of departure. For example, driving from one's home to the airport for a business trip is not a reimbursable expense. Meal reimbursement shall be at the rates established by ARTICLE XXVI, TRAVEL, PER DIEM, MEALS, AND MILEAGE POLICY of the Monroe County Code of Ordinances. Meal guidelines state that travel must begin prior to 6 a.m. for breakfast reimbursement, before noon and end after 2 p.m. for lunch reimbursement, and before 6 p.m. and end after 8 p.m. for dinner reimbursement. Non-allowable Expenses The following expenses are not allowable for reimbursement: capital outlay expenditures (unless specifically included in the contract), contributions, depreciation expenses (unless specifically included in the contract), entertainment expenses, fundraising, non-sufficient check charges, penalties and fines. EXHIBIT B ORGANIZATION LETTERHEAD Monroe County Board of County Commissioners Finance Department 500 Whitehead Street Key West, FL 33040 Date The following is a summary of the expenses for (Organization name) for the time period of to _ . Check # Payee Reason Amount 101 Company A Rent $ X,XXX.XX 102 Company B Utilities XXX.XX 104 Employee A P/R ending 05/14/01 XXX.XX 105 Employee B P/R ending 05/28/01 XXX.XX (A) Total X,XXX.XX (B) Total prior payments $ X,XXX.XX (C) Total requested and paid (A + B) $ X,XXX.XX (D) Total contract amount $ X,XXX.XX Balance of contract (D-C) X.XXX.XX I certify that the above checks have been submitted to the vendors as noted and that the expenses are accurate and in agreement with the records of this organization. Furthermore, these expenses are in compliance with this organization's contract with the Monroe County Board of County Commissioners and will not be submitted for reimbursement to any other funding source. Chief Executive Officer Attachments (supporting documentation) TO BE COMPLETED BY NOTARY (in accordance with State notary requirements) State of County of The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this _day of (month), (year), by (name of officer or agent, title of officer or agent) of (name of entity). Personally Known Produced Identification: Type of ID and Number on ID (SEAL) Signature of Notary Name of Notary (Typed, Stamped or Printed) Notary Public, State of DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 04/20/2023 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 David Portuondo NAME: Brown&Brown of Florida,Inc. a/cNr o Ext: (305)714-4400 a/c,No): (305)714-4401 8825 NW 21 st Terrace E-MAIL David.Portuondo@bbrown.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Doral FL 33172 INSURERA: Nationwide Mutual Insurance Company 23787 INSURED INSURER B: RetailFirst Insurance Company 10700 YMCA of South Florida Inc INSURER C: Philadelphia Indemnity Insurance Company 18058 900 SE 3rd Ave Suite 210 INSURER D: INSURER E: Fort Lauderdale FL 3331 6-1 11 8 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 Liab/23-24 WC 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 1,000,000 MED EXP(Any one person) $ 5,000 A Y GL0000007092AT 03/31/2023 03/31/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PERGENERAL AGGREGATE $ 3,000,000 POLICY ElPRO FX LOC PRODUCTS-COMP/OPAGG $ 3,000,000 JECT: Corporal Punishment $ Included AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y BA0000007090AT 03/31/2023 03/31/2024 BODI LY I NJ U RY(Pe r accide nt) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident Uninsured motorist $ 1,000,000 UMBRELLA LIAB X 10,000,000 OCCUR EACH OCCURRENCE $ A EXCESS LAB CLAIMS-MADE Y CMB0000008898AT 03/31/2023 03/31/2024 AGGREGATE $ 10,000,000 DED I X RETENTION $ 10,000 Personal&Advertising $ $10,000,000 X WORKERS COMPENSATION STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 500'000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A 520-61182 O5/19/2023 O5/19/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 500,000 If yes,describe under 500,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Human Services Professional Liability Each Prof.Occurrence $1,000,000 A Human Services Abuse or Molestation PL0000007091AT 03/31/2023 03/31/2024 Each Abuse Conduct Lmt $1,000,000 Aggregate 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 is listed as an additional insured with respects to the general liability and auto liability.Umbrella is follow form. All coverages are subject to the policy forms,terms and conditions within each policy. iK T 11 15.23 DATE_,__,--- —. 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. 1100 Simonton Street 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 Additional Named Insureds Other Named Insureds YMCA of South Florida Additional Named Insured OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown of Florida,Inc. YMCA of South Florida Inc POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Remarks Aggregate Limit:$20,000,000 Certificate holder included as additional insured in accordance with all the policy terms,conditions,and exclusions and then only with respects to liability caused by the negligent acts or ommissions of the Named Insured. "Miami corporate office:790 NW 107Ave Miami FL 33172 ACORD 101 (2008/01) © 2008ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDITIONAL COVERAGES Ref# Description Coverage Code Form No. Edition Date Employee Benefits EBLIA Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 1,000,000 1,000,000 1,000 Ref# Description Coverage Code Form No. Edition Date Medical payments MEDPM Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 5,000 Ref# Description Coverage Code Form No. Edition Date PIP-Basic PIP Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 10,000 Ref# Description Coverage Code Form No. Edition Date Personal&Advertising Injury PIADV Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium 10,000,000 Ref# Description Coverage Code Form No. Edition Date WC&Employer's liability WCEL Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium Ref# Description Coverage Code Form No. Edition Date Premium discount PDIS Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$28,169.18 Ref# Description Coverage Code Form No. Edition Date Expense constant EXCNT Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $160.00 Ref# Description Coverage Code Form No. Edition Date TERRIOSM COV TEROR Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $2,001.44 Ref# Description Coverage Code Form No. Edition Date Experience Mod Factor 1 EXP01 Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium $1.05 Ref# Description Coverage Code Form No. Edition Date Safety Program Cr SPCR Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$6,061.60 Ref# Description Coverage Code Form No. Edition Date Drug Free Credit DRUGF Limit 1 Limit 2 Limit 3 Deductible Amount Deductible Type Premium -$14,850.93 OFADTLCV Copyright 2001,AMS Services,Inc.