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2nd Amendment 08/21/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 3, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: August 21, 2024 BOCC Meeting The attached item has been executed and added to the record: C2 2nd Amendment to the contract with Brightview Landscape Services, Inc. for Ballfield Maintenance, to extend the agreement for the second of four additional one-year periods; to include a contractual increase of 3%; inclusion of amounts for overseeding; and amending Paragraph 46 of the Original Agreement. 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 A.NIEI' II1"vTEN"T'TO AGREEMENT FOR BALLFIELD MAI "FE ANCE µ MULTIPLE LOCATIONS T IO MONROE, COUNTY, FLORIDA THIS 1 SECOND AMENDMENT TO AGREEMENT is made and entered into this _.......21st o day of. .._.....__August _.._ ......_ 2024, between M(IN OE C"°C7UN'I"Y, FLORID ("CC3!U TY"), a political subdivision of the State. of Florida, whose redress is 1 100 Simonton Street, Key 'hest, Florida 33040, and RRIGTIT' IT+�W LANDSCAPE CAPE TREK E , INC., Florida For Profit Corporation,, authorized to do business in time State of Florida, ("C.°C)1"1TRAC:;"1 OR"), whose principal address is 9810 ,lolly Road, Suite 300, ll"lmte Bell, PA 19422, but whose mailing address for purposes of'this Agreement is 4155 East Mowry lira, T-lornestead, WHEREAS,, the parties hereto did on September 21, 2022, enter into art Agreement t provide BAI..I.a I1`I D °AI l'1;'1! ANC E - 11w11,.31111.1 1.0C A PIONS; comma ' WHEREAS,, on Septernber 20, 2 3, the 113C7CC approved ar First Amendment to the Agreement to emend the term of"this agreement for the fzrst Or F( ur(A)additional one-year periods with the term to coni mmence on Septenmber 20, 2023, and tertninate On Sep ember 20, 20 ; and WHEREAS, the pat-ties find that it would be Mutually beriefi,c.ial to aarnend the Original Agreement as amended by file firstAmendment and enter into this Second Amendment to the Agreement to extend time term of this Agreement for the second of four (4) additional one-year periods with this term to corn mmence on September 20,2024,and terminate on September 19,202 and WHEREAS, additional pricing fbr overseeding was provided as an additional cost irm time Response to time Request for Proposals; and WHEREAS, the. Parties desire to list time cluoted amounts ror overseedinp~ on the contract; and WHEREAS, Paragraph b of"the Original Agreement provides that the contract anmount may be adjusted annually in accordance with the percentage change in the U.S. Department of C'onmrtmerce C:'on;sumner, price Index for all Urban Consumers (C IIl-1,J) or 3%, mmhic6tevei,, is less as of Decernber 31st of"the previous year; arid; WHEREAS, the U.S. Department of'" Commerce C'onsurner Price; Index for all Urban Consumers ers (CIPI-1: ) as of December 31, 2023, is ). %6; and WHEREAS, to the, Parties desire to increase payment atmmoummts by 3%, pursuant to the ternms of"the Original Agreement; WHEREAS, the County is expecting closures due to construction orcertain parks and the Parties desire to include language e addressing certain evermts, NOW, THEIIEFC3►RE, IN CONSIDERATION of the mutual parornises and covenants contained herein, it is agreed as follows: 1. 1n accordance with Paragraph h of"the Original inal Agreement, the County exercises its option to renew the agreement for the second of` four (4) optional one-year periods. This renewal shall cornnaence on September 20, 2024, and end on September 19, 20 r, unless terminated earlier under Paragraph 21 of the Original Agreement, 3, 1ra accordance with Paragraph 6 of"the Original Agreement, the contract amount may be ad®ju ted annruaily in accordance with the percentage change in the U.S. Department ol`Commerce Consumer price Index for all Urban Consurners CPI-f i1 or 3%, whichever is less, as reported by the 1,1, , Bureau of Labor Statistics at p ecernber 31 Of°tile parreVioa.us year using, the most recently published indicator, `f"1ae C;h'1 U was 3.4% on December 31„ 2023, therefore, the contract amount shall be inereased 'by „ % along with the amounts for over seeding, 3, Paragraph 3(C")of the Original Agreement, based on the three percent(3%o)CPl-U increase as of`December 31, 2023, is hereby amended and replaced as follows: Total C,om rensatioaa to C _N_'FRA.C`l'OR under this a reernent shall not exceed One T-lundr~era Fif -"even 'T hous;rand"T'hree Hundred l pne _Nine and 84/100 draliluars ' 1 '7 99.84 annually unless pre,gppto Vie, a4ditionral and/or gMKMgDSy�work requiring additional funds is urr oleniented, d litiaw,raI taclairfi1),.fcw,r overseeding.js allowed and shall not exceed seven thousand one hundred sew ent~r-r ainc and 1/100 dollars ( 7,1 .41). Payment liar overseedinyy is continae-nt on written pji-g._gp.rrwvql_ by f ar•tmentt Director �wrr tad w oc rrk�� it commenced,, p"he contractor must _flieauowri le rwwclruct s ecifucation f rr all raaonthl a lications and director approved additions. 2 0I'T19 aer ar lication at Bernstein park, Stock Island 347.32 per application at Walson 1 ield, Big ne 1 ew�� 1 5118 _Rqr at.rip%cati wn at Ilia Fling C:"wwrna unity Park, Bia Pine Key 1,740.45 per application at Harr;I larris Bark, "faycralier" 1 4.07 tier application at Friendship Park Ivey 1,wa 1,367,49 rwcr armlication at Key Laraca C°or1rraIaaraitw, Park, Key L r 4. I'lwe C,"oritraet paayrrrent anioaauwt ad.justuwierats.s t or rtlr above shall he:effect v e Sep.ternber 0, 0 4, 5 Paragraph 46 of"the Original Agreement is hereby amended and replaced as follows: Aray delay or failure of"either Party to perform its obli ations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control„ without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if' it could have been foreseen, wwras unavoidable: (aa) acts of Clod; (b) flood„ fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area ofthe Projject; (c) war, invasion, hostilities (whether Nvar is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area ofthe P'ro.ject; (d)governinent order or law in the geographic area ofthe Pro'ject, (e) actions,embargoes, or blockades in effect on or after the date of this Agreement; (1) action by any governmental authority prohibiting work in the geographic area of the Pro.ject;(each, a "Uncontrollable Circumstance"). CONI"RACTOR'S, (-JNCON'I'ROI.,I,,...A.131,,I.-" CIRCUMSTANCE Contractor's Financial inability to perf'orm, changes in cost or availability of materials, components,or services,market conditions,or Supplier actions or contract disputes will not excuse performance by Contractor under this Section, Contractor shall give COUnty written notice within 7 days of" any event or cirCUMStalICC that is reasonably likely to result in an (,Incontrollable Circumstance, and the anticipated duration of such Uncontrollable CirCUMstance, Contractor shall use all diligent ef"flons to end the Uncontrollable Circumstance, ensure that the effects of' any Uncontrollable Circunistance are minimized and resurne full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable GmUrnstance. "flie Contractor may only seek a no cost C I hange Order for SUCh reasonable time as the Owners Representative may cictermine. Ifthe duration of the Uncontrollable Circumstance with resoect to Contractor's services exte[jLlsj)a t.sevcnj7 cale[ILIqLda the Contractor cq"mggiqtioijwiV also L) ,.sus_ pen Lied. COUNTY'S RIG11'r ro SUSPI'NS10N C. SJ""R...Vj.C. 'ES _gnsion of' Services ,my become neces a situation defined as cither "force maieure/uncontrol[able circumstances" or"man-made". The Cl ountv reserves the right to sus Contractor's services for an indefinite criod of time when, dcernqd_pgM5,qry_b, the COLUItY. If the susnension is anticinated,Courav unav give Contractor written notice, via electronic mail within S 7 (lays ofa�jy ey�Lq or.Kircurnstance that is reasonabjy fikely to rtM�,ult nj_�.g�. en,�J.on of Services. and the anticirlated duration of'such Susnension of services. Lrhe Count a, will-not L ay additional cost as a resu It q. ion of Services. If the duration oft he sqAg)_Knsiqt rContractor's services extends past seven (7) calendar days, tile, Contractor compensation Nvill also, be suspended, 6. lAcept as set forth in Paragraphs I through, 5 of(his Second Arnei,idinent it) Agreernent, ill all other respects, the terms and conditions set tbrth in tile Original Agreement, as amended, remain in full force and effiect, [REMAINDER OF PAGE INTENTIONALLY LEFT BLANKI ISIGNATURE PAGE TO FOLLOW] --------------------------- • IN WITNESS WHEREOF,the parties hereto have set their hand and seals the day and year first ' above:written. S� k. ,,,,',;f:•''''''',•;,,:'.'''',..�=: �y � w\ • BOARD Op :COUN•1 Y.CO:MMISSIO:Nr:R.S �� T' ; r,fiest:`°` I V:.TN IA.D K .CLERK : OF:MON:IR.OI' COUNTY. 11,0 R:II)A 4 f�4 bi„,',#.5)-y-% ''.-27 : t11,..,;,:, y",�tn�+l.�il`.�. � w,i�N' rt,uAn�;t`,1�1. � - N , t a'• v ' : : ,, T,I111,48t--p— ;--'7,/,'"4,11' 7 0(sw.U(Yn.y. . BY" ''' r' 4 ' . ,,' 7°,$!! ' x` � Deputy Clerk : .. : : : -,.. .cis � w,a• " , Date. AL .. nFo t z 1 'a'- M APPROVE AS TO RM ac LEG SUFFICIEINCY �. .. .' am t� ourity Attorneys Office • `'. `QC) N ti�al3#Mettles Archer ,� y A s tant Gaunty Attarae Witnesses for CONTRACTOR. CONTRACTOR!, :Briglht iew l_,a.ndscape:tile. . . : /e) ioiatUre Signc1�tiire:o't�persl'i./E, .ititlz:t)i'i,ed to legally 1)..ind the corporation: Date: . . - 7' .. . Date: 8-6-24 .: Charles Gonzalez . • ;� - '111t .. -7 . 415.5:East Mowry.Dr: . Signature •/' m Ht� estead, FL 33033 3: -2 - • Date • Telephone Number �',) •'' a? j� ' DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 09/26/2023 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. U m 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: Aon Risk Services Central, Inc. PHONE (866) 283-7122 FAX (800) 363-0105 Philadelphia PA Office (A/C.No.Ext): A/C.No.: a 100 North 18th street E-MAIL 15th Floor ADDRESS: _ Philadelphia PA 19103 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A: ACE American Insurance Company 22667 Brightview Landscape services, Inc. INSURERB: American Guarantee & Liability Ins Co 26247 Location #35210 4155 E Mowry Drive INSURERC: Homestead FL 33033 USA INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570101790392 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. Limits shown are as requested LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY XSLG EACH OCCURRENCE $2,000,000 CLAIMS-MADE X❑OCCUR SIR applies per policy terns & condi ions $2,000,000 PREMISES Ea occurrence MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 rn GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 rn POLICY ❑X PRO- El LOC PRODUCTS-COMP/OP AGG $5,000,000 0 OTHER: o A Y ISA H10716561 10/01/2023 10/01/2024 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $5,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) 0 Z OWNED SCHEDULED BODILY INJURY(Per accident) 0 AUTOS ONLY AUTOS R HIRED AUTOS NON-OWNED PROPERTY DAMAGE V ONLY AUTOS ONLY Per accident B X UMBRELLA LIAB X OCCUR AUC508596819 10/01/2023 10/01/2024 EACH OCCURRENCE $3,000,000 V EXCESS LIAB CLAIMS-MADE SIR applies per policy terns & condi ions AGGREGATE $3,000,000 DED I X RETENTION A WORKERS COMPENSATION AND WLRC5068541A 10/01/2023 10/01/2024 X PER STATUTE I OTH- EMPLOYERS'LIABILITY Y/N WC - ADS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $2,000,000 A OFFICER/MEMBER EXCLUDED? N/A SCFC50685482 10/01/2023 10/01/2024 (Mandatory in NH) INC - WI E.L.DISEASE-EA EMPLOYEE $2,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $2,000,000— ti DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included as Additional Insured in accordance with the policy provisions of the General Liability and Automobile Liability Policies. Certificate Holder is included as Loss Payee with respect to the physical damage Automobile policy of covered vehicles by the Named Insured in accordance with the policy provisions. Coll/Comp $5000. I;S T 1=- 7 11.8.23 - CERTIFICATE HOLDER CANCELLATION womp 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 BOCC AUTHORIZED REPRESENTATIVE 1100 Simonton street ■ Key West FL 33040 USA ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POLICY NUMBER: XSL G47325857 001 COMMERCIAL GENERAL LIABILITY CG 20 37 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization whom you have agreed to All locations where you perform work for such include as an additional insured under a written additional insured pursuant to any such written contract, provided such contract was executed prior to contract. the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: XSL G47325857 001 Endorsement Number: TBD COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III— Limits Of Insurance: with respect to liability for "bodily injury", "property If coverage provided to the additional insured is damage or personal and advertising injury required by a contract or agreement, the most we caused, in whole or in part, by your acts or will pay on behalf of the additional insured is the omissions or the acts or omissions of those acting amount of insurance: on your behalf: 1. In the performance of your ongoing operations; 1. Required by the contract or agreement; or or 2. Available under the applicable Limits of 2. In connection with your premises owned by or Insurance shown in the Declarations; rented to you. whichever is less. However: This endorsement shall not increase the 1. The insurance afforded to such additional applicable Limits of Insurance shown in the insured only applies to the extent permitted by Declarations. law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 ADDITIONAL INSURED — DESIGNATED PERSONS OR ORGANIZATIONS Named Insured BrightView Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA H 10716561 10/01/2023 To 10/01/2024 10/01/2023 Issued By(Name of Insurance Company) ACE American Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM AUTO DEALERS COVERAGE FORM MOTOR CARRIER COVERAGE FORM EXCESS BUSINESS AUTO COVERAGE FORM Additional Insured(s): Any person or organization whom you have agreed to include as an additional insured under a written contract, provided such contract was executed prior to the date of loss. A. For a covered "auto," Who Is Insured is amended to include as an "insured," the persons or organizations named in this endorsement. However, these persons or organizations are an "insured"only for"bodily injury"or"property damage" resulting from acts or omissions of: 1. You. 2. Any of your"employees" or agents. 3. Any person operating a covered "auto"with permission from you, any of your"employees"or agents. B. The persons or organizations named in this endorsement are not liable for payment of your premium. M Authorized Representative DA-9U74c(03/16) Page 1 of 1