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Item D07 D7 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting May 15, 2024 Agenda Item Number: D7 2023-2461 BULK ITEM: Yes DEPARTMENT: Tourist Development Council TIME APPROXIMATE: STAFF CONTACT: Maxine Pacini N/A AGENDA ITEM WORDING: Approval of 2nd Amendment to Agreement with Old Island Restoration Foundation, Inc. for the Restore and Improve Oldest House Project to amend language regarding the use of quotes. ITEM BACKGROUND: In its original grant agreement dated October 19, 2022,paragraph 2.b) (ii), required the need for three written quotes for work expected to be under $50,000. The grantee obtained three quotes for plumbing work, which was one component of the project. However, it selected the highest bidder. While the grantee provided its reasons for doing so, none were justifiable according to the Purchasing Policy. The lowest bid for the project was $45,000. In order to conform with the Purchasing Policy,paragraph 2.b) (ii) is being amended to a.) clarify that when quotes are obtained, the lowest responsible bidder shall be selected; and b.) if the Grantee chooses to use a bidder that is more than the lowest bidder, the reimbursement shall not exceed the amount of the lowest bidder. PREVIOUS RELEVANT BOCC ACTION: The BOCC approved the original agreement for this project at its October 19, 2022 meeting. It amended the agreement at its April 19, 2023 meeting, revising the termination date of the agreement and scope of services. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Amendment to change language regarding use of quotes. 1439 STAFF RECOMMENDATION: Approval DOCUMENTATION: 2882 OIRF Oldest House Insurance.pdf OIRF Oldest House Amendment 2.pdf FINANCIAL IMPACT: $45,000 CC 77040 TDC Bricks & Mortar-1 17 SC00062 - Repair And Maintenance 1440 DATE(MM/DD/YYYY) ACCOR" CERTIFICATE OF LIABILITY INSURANCE 02/07/2024 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 CONTNAME: Heather L Keller,CISR,AIAM Southernmost Insurance Agency, Inc NAME: PHONE 305-296-5052 FAX (305)296-5052 1010 Kennedy Drive A/c No Ext: A/c,No): E-MAIL C Suite 300 ADDRESS: heather southernmosrtinsurance.com Key West, FL 33040 INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: Century Surety Company A0262 INSURED Old Island Restoration Foundation, Inc. INSURERB: Associated Industries Insurance Company A0286 322 Duval St INSURERC: Key West, FL 33040 INSURER D 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 EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY A �. COMMERCIAL GENERAL LIABILITY Y CCP-1188634 12/11/2023 12/11/2024 EACH OCCURRENCE $ 2,000,000 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE $ 2,000,000 POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ Ea accident ANY AUTO j° 4 ' BODILY INJURY(Per person) $ OWNED SCHEDULED „AUTOS ONLY AUTOS * BODILY INJURY(Per accident) $ . . "" .. HIRED NON-OWNED PROPERTYDAMAGE $ ,.AUTOS ONLY AUTOS ONLY ",,�, Per accident 4.11 24 $ w. �a, UMBRELLA LAB OCCUR � -_ EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE WAMM -. AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION AWC1196061 06/26/2023 06/26/2024 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 100,000 OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County Board of County Commissioners is named as additional insured with regards to the general liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN c/o Risk Management ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 1026 Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1441 AMENDMENT TWO TO AGREEMENT THIS AMENDMENT to Agreement dated this 15th day of May 2024, is entered into by and between the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, and Old Island Restoration Foundation, Inc., a not for profit organized and operating under the laws of the state of Florida (Grantee). WHEREAS, there was an Agreement entered into on October 19, 2022 between the parties, awarding $200,000 to Grantee for the Restore and Improve Oldest House Project ("Agreement"); and WHEREAS, there was an Amendment entered into April 19, 2023 revising the termination date of the agreement to September 30, 2024 due delays in the construction process; and WHEREAS, that amendment revised Exhibit A of the Agreement outlining the scope of services for the project; and WHEREAS, that amendment required the reimbursement request for Segment 1 of the project in an amount of$50,000 must be submitted for reimbursement by September 30, 2023; and reimbursement for Segment 2 of the project in the amount of$150,000 may not be submitted until after October 1, 2023; and any references to termination date and submission of invoices shall be revised to read September 30, 2024. WHEREAS, it has become necessary to amend paragraph 2.b.),(ii) regarding the need for three written quotes for work expected to be under$50,000. NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amend Agreement as follows: 1. Paragraph 2.b.)(ii) shall be revised to read as follows: (ii) A Grantee which is a not-for-profit entity shall use procurement processes for those parts of the project to be contracted (not performed by the entity's employees) as follows. For work expected to be under$50,000, the not-for-profit shall document in the file three written quotes or a notarized statement as to why such written quotes were not feasible for the goods or services. When quotes are obtained, the lowest responsible bidder shall be selected. If the Grantee chooses to use a bidder that is more than the lowest bidder, the reimbursement shall not exceed the amount of the lowest bidder. For work expected to be $50,000 or more, a competitive bid process must be performed following Monroe County's procurement policies and procedures, unless the commodities or services will be provided by a "sole source" provider, in which case the not-for-profit must submit a notarized statement with its request for payment explaining why the vendor is the only source for the commodities or services. Refer to: https://www.monroecounty- fl.gov/DocumentCenter/View/30890/Purchasing-Policy-as-of-6-15-22 2. The remaining provisions of the agreement dated October 19, 2022 shall remain in full force and effect. Amendment#2 Oldest House Restore and Improve ID#2882 1442 IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. Board of County Commissioners Kevin Madok, Clerk of Monroe County As Deputy Clerk Mayor/Chairman MONROE COUNTY ATTORNEY 4I1PR?V4-1)AS 1-0 F CHRISTINE LIMBrRT-BARROWS ASSISTANT COUNTY ATTORNEY DATE 5]4124_.. ..................... Old Island Restoration Foundation, Inc. By: President, Print Name AND TWO WITNESSES (14 (2) ��01 'Signed 'S 16 ned (1 (2) Print Name Print Na e Date: Date: M1 �Ddj� Amendment#2 Oldest House Restore and Improve ID9 2882 1443