1st Amendment 03/20/2024 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: April 2, 2024
TO: Christine Hurley, Executive Director
Monroe County Land Authority
ATTN: Cynthia Guerra
Acquisition Manager
FROM: Liz Yongue, Deputy Clerk
SUBJECT: March 20, 2024 BOCC Meeting
The following item has been executed and added to the record:
F2 1 st Amendment to the Agreement with Charley Toppino and Sons, Inc., for
Demolition, Removal and Disposal Services, extending the end date of the term to December 14,
2025 for the Voluntary Home Buyout Program funded through CDBG-DR 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
AMENDMENT ONE TO AGREEMENT FOR DEMOIATION, REMOVAL AND
DISPOSAL SERVICES FOR THE COMMUNITY BLOCK GRANT—DISASTER
RECOVERY (CDBG-DR) VOLUNTARY HOME BUYOUT PROGRAM (VHBP)
This Amendment ("Amendment One") is made and entered into this 20th day of March
2024 by and between MONROE COt.N,ry ("COtTN,ry-), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, through the Monroe
County Board of County Commissioners ("BOCC"),
AND
Charley Toppino and Sons, Inc., a Corporation of the State of Florida whose address is 129
Toppino Industrial Drive, Key West, 33040, its successors and assigns, hereinafter referred to as
"CONTRACTOR."
WITNESSETH:
WHEREAS, the Agreement for Demolition, Removal and Disposal Services for the
Community Development Block Grant—Disaster Recovery(CDBG-DR)Voluntary flome Buyout
Program (VI-IBP)("AGREFIMEN'r) for implementation of the Voluntary Home Buyout Program
between Charley Toppino,and Sons, Inc. and the COUNTY was entered into the 15th day of June
2022 with an original termination date of June 14, 2024; and
WHEREAS, the State of Florida Department of Economic Opportunity, now known as
Florida Commerce ("COMMERCE"), and the Monroe County Board of Commissioners entered
into a grant agreement ("GRANT AGREEMENT") for the Voluntary I-lome Buyout Program
under the United States Department of Housing and Urban Development Community
Development Block Grant Disaster Recover program on June 4, 2020, with a termination date of
June 4, 2022; and
WHEREAS,the GRANT AGRE'EMENThas been amended and extended in March 2021,
February 2022 and April 2023, and the termination date of the GRANT AGR1-.1EMF1N`f' is now
June 4, 2024, with a subsequent amendment to June 2025 in process; and
WHEREAS, the A(3REI-',1'MENT with Charley Toppino and Sons, Inc. needs to be
amended to accommodate the extended period oftime ofthe grant; and
WHEREAS, it is now known how many parcels will be acquired in the Voluntary I Tome
Buyout Program that will require demolition, removal and disposal services, and an additional
$150,000 needs to be added to the Not to Exceed amount of the contract, raising it from $490,000
to $640,000; and
WHEREAS, minor modifications to the contractor deadlines and timelines described in
Article 11, Paragraph 2.1 Scope of Basic Services, Article VII, Paragraph 7.2. and Attachment
A "Scope of Work and Pricing"are needed to update the schedule and sequencing of Task Orders,
Quotes,Notices to Proceed and commencernent of work after permitting described in the contract;
and
Page 1 of 4
WHEREAS, no changes are being made to the rates that were bid as part of the original
Request for Proposal (RFP).
NOW 1"HEREFORE, in consideration of the mutual promises contained herein, the
AGRE'l."MENT is amended as follows:
Section 1. Recitals and Leaislative Intent. The Foregoing recitals, findings of fact, and
statements of legislative intent are true and correct and are hereby incorporated as if fully stated
herein.
Section 2. The AGRE'EMENTis amended as follows:
Article 1, Paragraph 1.1.9 is deleted in its entirety and replaced with the following:
Article 1, Paragraph 1.1.9 The effective date of this AGREEMF`INT shall be June 15,
2022 with an original termination date of June 14, 2024. "I"he COUN"I'Y is extending this
ACRE ENIF"NT for an additional eighteen (18) months at the same terms and conditions,
except as amended herein. The new termination date is December 14,2025. Tile COUNTY
shall have the option of extending the AGREEMENT for all additional 6 months, for a total
extension of up to two (2) years, at the same terms and conditions with approval of the
COUNTY's BOCC, Such extension(s) shall be in the form of a written Amendment to the
AGRI-.,',EMEN'-F and shall be executed by both parties.
Article VII, Paragraph 7.1.I is deleted in its entirety and replaced with the following:
Article V11, Paragraph 7.1.1
The COUNTY shall pay the CONTRACTOR in current lunds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and shown in
Attachment A of the original procurement and AGRE"EMENT. The maximum amount due
to CONTRACTOR shall not in any event exceed the spending cap in this Agreement,
which is $640,000.
Article 11, Paragraph 2.1 Scope of Basic Services is deleted in its entirety and replaced with
the following:
Article 11, Paragraph 2.1
CONTRACTOR's Scope of Basic Services consists of those described in Attachment A.
The period of performance or date of completion, and performance requirements shall be
included in Attachment A. In accordance with this contract, Task Orders will be issued
containing a specific address or group of addresses, a description of the services to be
performed at each address, the time period within which services must be performed
("Completion Date") and the estimated cost based upon the agreed upon rates for the
services to be performed under this contract. The County will provide asbestos testing
results and any conditions required by Florida Division of Historical Resources (SI IPO)
and/or the Monroe County Historic Preservation Commission (MCPHC) with the Task
Order. Within ten(10)days of receipt of a fully executed Task Order,the CONTRACTOR
Page 2 of 4
must complete a site inspection and provide a written response to the COUNTY including
a quote for the cost of the job in accordance with the pricing and rates set forth in this
agreement,and a schedule to begin and complete the job.'I"he Contractor's written response
shall be incorporated into a written Notice to Proceed issued by the COUNTY. The
CONTRACTOR shall commence obtaining permits for the services provided for in this
Agreement promptly upon receipt of a written Notice to Proceed from the COUNTY.
Permitted field work Must be commenced within 5 to 7 days of receiving issued permits.
The Notice to Proceed will be issued in accordance with the Task Order. At no time shall
the CONTRACTOR commence work without written authority from the COLJNTY.
CONTRACTOR should expect that services must be completed no later than 45 calendar
days of the commencement of permitted field work.
Article VII, Paragraph 7.2.I.D is deleted in its entirety and replaced with the following:
Article VII, Paragraph 7.2.1.D
Contractor shall complete all demolition activities within 45 days of the commencement of
permitted field work.
The remainder of terms and conditions of Article VII, Paragraph 7.2J.D. remain
unchanged and continue in full force and effect.
Attachment A, Scope of Work and Pricing, third paragraph is deleted in its entirety and
replaced with the following:
Attachment A, third paragraph
Task Orders will be issued containing a specific address or group of addresses, a
description of the services to be performed at each address, the time period within which
services Must be performed ("Completion Date") and the estimated cost based upon the
agreed upon rates for the services to be performed Linder this contract. The COUNTY will
provide asbestos testing results and any conditions required by Florida Division of
Historical Resources and/or the Monroe County historic Preservation Commission with
the Task Order. Within ten (10) days of receipt of' a fully executed Task Order, the
CONTRACTOR must complete a site inspection and provide a written response to the
COUNTY including a quote for the cost of the job in accordance with the pricing and rates
set forth in this agreement, and a schedule to begin and complete the job. The
CONTRACTOR's written response shall be incorporated into a written Notice to Proceed
issued by the COUNTY. The CONTRACTOR shall commence obtaining permits for the
services provided for in this Agreement promptly upon receipt of a written Notice to
Proceed from the COUNTY. Permitted field work must be commenced within 5 to 7 days
of receiving issued permits. The Notice to Proceed will be issued ill accordance with the
Task Order. At no time shall the CONTRACTOR cornmence work without written
authority from the COUNTY. Vendors should expect that services must be completed no
later than 45 calendar days of commencement of permitted field work.
The remainder of terms and conditions of Attachment A remain unchanged and continue
in full force and effect.
Page 3 of 4
The remainder of the terms and conditions of the AGREEMENT remain unchanged by this
Amendment, and continue in full force and effect.
IN WITNESS WHEREOF, each party caused this Amendment One to the Agreement to
be executed by its duly authorized representative.
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( E--AI:'..1)r,j-)\ BOARD OF COUNTY
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Wiest.C.:13' tv IN MADOK, Clerk OF MONROE COUNTY, FLORIDA„
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By "/ 1Jh4149Y B
'''''',,,:,,ci:"1:Z1:1":::•;1 rL 'Ag.-b/eputy Clerk Holly Merrill Rascliem, Mayor
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Date: ' 1 70) 202 ti
CONT ACT i MONROE COUNTY ATTORNEY
11(1
APPROVED AS TO FORM
I Digitally signed by Kelly Dugan
By:
- 61.4.....' Kelly Dugan
KELLY DUGAN
'
Date.2024 0212 1331:17-05'00'
i
Title: ,--el?/7a
ASSISTANT COUNTY ATTORNEY
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Date: 2/22/24
STATE OF: r z_
COUNTY OF: AC.)fsvf•OC
Subscribed and sworn to (or affirmed) before me, by means
of1Z ph s al resence or D online notarization, on
• 2-7/2.14
(date)by
(name of affiant). He/She
is peJl known to me or has produced
(type of identification)as identification.
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NOTARY PUBLIC .•
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(-:, Michael P.Latada --<,--
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l'i?ot•fv:..1 Expires 06110/2025
Page 4 of 4 •
DATE(MM/DD/YYYY)
AC R"� CERTIFICATE OF LIABILITY INSURANCE 5/22/2023
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: Illana Abbate
Marsh &McLennan Agency LLC PHONE FAX
9850 NW 41 St Ste 100 A/c No EXt: A/C,No):
E-MMiami FL 33178 ADDRESS: FLCertificates@MarshMMA.com
INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Indemnity Co of America 25666
INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623
Charley Toppino &Sons Inc.
Monroe Concrete Products Inc. INsuRERc: Evanston Insurance Company 35378
PO Box 787 INSURERD:Travelers Indemnity Company 25658
Key West FL 33041 INSURER E: Travelers Property Casualty Co of Amer 36161
INSURER F:
COVERAGES CERTIFICATE NUMBER:1254041898 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 MM/DD
A X COMMERCIAL GENERAL LIABILITY Y Y 1 DTC03202M181TIA23 5/19/2023 1 5/19/2024 EACH OCCURRENCE $2,000,000
CLAIMS-MADE FxI OCCUR Irk DAMAGE TO RENTED
+, PREMISES Ea occurrence $300,000
MED EXP(Any one person) $10,000
PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: 4, • 2,6 23.� � --„ ., -. """"" GENERAL AGGREGATE $4,000,000
X POLICY JEC LOC WAK"4� -i �",, y PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY Y Y 810ON4284482326G 5/19/2023 5/19/2024 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
E X UMBRELLA LIAB OCCUR Y Y CUP3J6572212326 5/19/2023 5/19/2024 EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED I X I RETENTION$1 n nnn $
B WORKERS COMPENSATION Y UB4K5263662326G 5/19/2023 5/19/2024 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? ❑ N/A
(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
C Pollution MMAEV003528 2/2/2023 2/2/2025 Aggregate: 5,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
E: Professional Liability Policy#MMAENV003528, Eff Dated 2/2/23-2/2/25, Limit$1,000,000 Each Act, Error Or Omission
Limit,$1,000,000 Aggregate Limit. Retroactive Date:02/02/2019
Monroe County Board of County Commissioners,its employees and officials,are Additional Insured as respects General Liability and Auto Liability. General
Liability is primary and non-contributory. Umbrella follows form to the underlying policies as respects to Additional Insureds.Waiver of Subrogation as respects
General Liability,Auto Liability, Umbrella Liability and Workers Compensation in favor of Additional Insured.All of the above is applicable when required by
written contract subject to the terms,conditions,and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners (BOCC)
500 Whitehead St AUTHORIZED REPRESENTATIVE
Key West FL 33040
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