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6th Amendment 03/20/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 2, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: March 20, 2024 BOCC Meeting The attached item has been executed and added to the record: C1 6th Amendment to the Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach for a CPI-U increase of 3.4%, effective April 1, 2024. TDC is the funding source. 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 SIXTH AMENDMENT Tel AGREEMENTFOR PROFESSIONAL BEACH CLEANING MAINTENANCE, AND BEAUTIFICATION IBIS II THIS SIXTH AMENDMENT TO AGREEMENT is made and entered into this 20th day of March 2024, 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 1h Street,, Pornpano 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 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 Agreement to arnend the Original Agreement to increase payment amounts by the annual CPI-LJ 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, oil December 13, 2023. the BOCC approved a Fifth Amendment to the Agreement to exercise the County's option to renew the Agreement for the second of three (3) optional one-year periods, commencing on January 1, 2024 and terminate oil December 31, 2024; and WHEREAS, 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 Consurner Price Index for all Urban Consumers (CPI-U) as of December 3 1 st of the previous year; and WHEREAS, Paragraph 6 or 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 st of the previous year; and WHEREAS, this Sixth Amendment is to amend the Original Agreement, as amended, to increase payment an-iounts by the annual CPI-U adjustment of three and one fourth percent (3.4%) as of December 31, 2023, pursuant to the terms of the Original Agreement, as amended; and WHEREAS, the parties find that it Would be Mutually bene-ficial to amend its Original .Agreement and enter into this Sixth 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 (CM-U) as reported by the U.S. Bureau of tabor Statistics at December 31 of the previous year using the most recently published indicator, The CPl- U was three and one fourth (3.4%) on December 31, 2023. 2. The Contract amounts, based on three and one -fourth (3.4%) CPI-LJ increase as of December 31, 2023, in Paragraph 5.b. of the Original Agreement, as amended, shall be increased and amended as follows: $15 651.76 per month for regular hours seven (7) days per week cleaning, maintenance, and beautification services (which includes the fenced beachside Children's Play Area oil weekends (including equipment costs and dumping fees), $29 .70 per hoar for emergencies (ex. Post-hurricane clean-ups, including seaweed removal, equipment costs, and dumping fees). S298.70 per month for pressure cleaning the steps (five (5) sets once per month) into the water at Higgs Beach, $298.70 per month for pressure cleaning the two (2) Pavilions/Bandstands (twice per month) at Higgs Beach. 5477.91 per day for a second daily service beach cleaning (optional upon Owner's request) (including excessive seaweed buildup, equipment costs, and dumping fices), not to exceed 60 days. Total Compensation to CONTRACTOR under this Agreement for monthly cleaning, maintenance, and beautification services, the pressure cleaning services of the steps and Pavilions/Bandstands, and any second daily service beach cleaning shall not exceed Two Hundred Twenty-Three Thousand Six Hundred Sixty-Four and 52/100 ($223,664.52) Dollars annually. Additional emergency work shall be performed in accordance with the rates set forth and described herein, but such work must be pre-approved in writing, 3. The Contract payment amount adjustments set forth above shall be effective April 1, 2024, 4. Except as set forth in Paragraph I through 3 of this Sixth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as arnerided, remain in full force and effect. 2 ................. ................... I"N WITNESS WHEREOF, the parties hereto have set their bands and seals the:•day and year'first. above written. 5r(SXL) \ A11�e��// y^)' BOAR OF COUNTY COMMISSIONERS . } ��'-�:.- "J Attest. .' IN MADOK, CLERK' OF MONROE COUNTY,:FLORIDA 7 y r�. 1/r F ,,33 figld 4:-Vii;..: 1:I ,-$:--t',ii:, ::,:::::k'k,' y • : : . , 1 4 E e 1 E rdd a:s•'1 4. ,_ J. . �"'�~a? � �'�'�� i � 1 fat,��4 f�'l � ilk k4µ.,1,.�za�...c ....'� \x T-F/fli f." •. y`. z:::'S ti: yt• ti3 B. f` ^ri r . # : . o, : .: . i. . . . fir t . L:'f '�t�,,.:�,A f Depu-y"C... lerk. . Mayor v � � �'�Q 2, APPROVED AS TO FORM 85 LEGALSUFFICIENCY : .Date:. 2 0. . . untyAttorney's Office . • Monr e o N thalia Mellies Archer: . s As taut County Attorney Witnesses:for CONTRACTOR: OR; NT.RA.0 T� BEACH RAKER, LLC . .,, 7;. ..>e::?.x. ,---. i . .:,„1,eittlik, ls ,..1 :. : : : i : . . . i anature Signs- - o f person authorized to. lega lly •ind the Corporation . . Date... - .4 Date: c . I-1 ' ' : s 6 e.At-A-E)-Q. .i---:, c--A?Ls-2- --Z-77)..:..., . : : . . I Pint Name an'e Address:: 2;.2"0 Signature 1-0.,,:uk -) vo l'.ca_,k ii----L._ --S-So L L) -1_Q -2_ '‘,--\ - - , .,--*, , ,-) . : . . I r'L .,.. --z.....-7. — : : : . . i 4(cl.. -7- `•-. .(c.p -:,-- :- .(A Q : . . .: : : : Date Telephone Number : . ...,3 `nl .-e;.r . �r"4 CD - a,#'. 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 1a . PER OTH- AND EMPLOYERS'LIABILITY { tlMrT STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN `.^ ` e E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ NIApy ...�V' - (Mandatory in NH) w� - E.L.DISEASE-EA EMPLOYEE $ If yes,describe under WAM 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 B EAC RAK-01 ACORO"° 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 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 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: GENERAL AGGREGATE $ 2,000,000 POLICY X JECT1:1 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 X OTHER:per project agg capped at$3m 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 12/1/2023 12/1/2024 AGGREGATE $ 1,000,000 DED X RETENTION$ 0 $ AND EMPLOYERS'LIABILITY y � STATUTE OERH WORKERS COMPENSATION a Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE '" """�'""""�^' E.L.EACH ACCIDENT $ OF EXCLUDED. (Mandatory in NH) N/A E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 4 DESCRIPTION OF OPERATIONS below T w--- E.L.DISEASE-POLICY LIMIT $ !� 3 7 24�// WAMM fr --. Y 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 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 ( V BODILY INJURY(Per person) $ ' OWNED SCHEDULED 7 ""' BODILY INJURY(Per accident) $ HIRED NON-OWNED � "'�"'"""""" " PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY I'A.i 9 6.23 Per accident $ 4Y $ WAN" NA 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