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7th Amendment 10/16/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 25, 2024 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The attached item has been executed and added to the record: C1 7th Amendment to Agreement with Beach Raker, LLC, for Beach Cleaning, Maintenance, and Beautification at Higgs Beach for the third and final of three (3) additional 1- year term extensions for services. TDC funded Current Year Portion: $167,748.39. 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 SEVENTH AMENDMENT TO AGREEMENT FOR PROFESSIONAL BEACH CL " "ION HIGGS BEACH KEY WEST MONROE COUNTY,1, A, RJDA THIS SEVENTH AMENDMEN'r TO AGREEMENT is made and entered into this 16th day of October 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is I l 00 Simonton Street, Key West, Florida 33040, and EACH RAKER, LLC ("CONTRACTOR""), a Florida limited liability company, whose address is 220 NE 13"' Street, Pompano Beach, Florida 33060, WHEREAS, the parties hereto did on December I L, 2019, enter into an Agreernent 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 Aniendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPI-LJ adJustrnent of 1.4% as of December 31, 2020, Pursuant W the terms of the Original Agreement and to revise sorne 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, ern May 18, 2022, the BBC C approved a Second Amendment to Agreement to increase payment amounts by the annual CP1-U adjustment of'7% as of December 3 1. 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 tile Agreerrient to arnend the Original Agreement to increase payment amounts by the annual CP14J adJustrnent of'6.5% as of December 31. 2022, pursuant to the terms of the Original Agreement and to revise son-ie provisions in its contracts and/or agreernents to update and/or add current revisions pursuant to its Ordinances, Purchasing Policy, and/or Federal Required Contract provisions; and WHEREAS, on December 13, 2023, the BOCC approved a Fifth Amendment to the Agreement to exercise the County's option to renew the Agreem.ent 1`or the second of three (3) optional one-year periods, commencing on January 1., 2024, and terminate on December 31. 2024; and WHEREAS, on March 20, 2024, the BOCC approved a Sixth Amendment to the Agreement to arnend the Original Agreement to increase payment amounts by the annual CPM.] ad.justnient of 3.4% as of December ')],, 2023, pursuant to (lie terms of the Origi Ila] Agreement- and WHEREAS, the Original Agreement provides for up to three (3) additional one-year renewals; and WHEREAS, the Parties desire to extend the term for the third of three year I-year extension for services to commence on January 1, 2025. and Len-nina-te on December 31, 2025; and WHEREAS, CONTRACTOIZ agrees to extend the term of the Original Agrcernent, 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 OrighW Agreeinent and any related amendments, and enter into this Seventh Arnendment to Agreenrient, NOW, THEREFORE, IN CONS 1. of the 111LItUal promises and covenants contained herein. it is agreed as follows: I. In accordance with Paragraph 6 of the Original Agreement, the County, exercises its option to renew the agreement for the third of three (3) optional one-year periods, This renewal shall commence on January 1, 2025, and end on December 31, 202- , Unless ternihialed earlier under Paragraph 20 of the 6riginal Agreement. 2. Except as set forth in Paragraph 1 of this Seventh Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement,, as aniended, remain in full force and effect. ISIGNATURES NEXT PAGE] 2 TN• WITNESS WHEREOF,, the panties hereto b:a�fe set hey a:tl:os and seals the day.and . . . y • •q• aG:"'ram'�.L,��'�'� �` '"h, * � y R? '' �w \+ `n; '' • ; . • D O F C 01,31\11-c. (_() i 4 I I(.s' • :, . • ' • 1 @� 1 F S.t?i :'`�4Jt'IK3 S..G MA Kr;��LE ..rl. .. F..41 1-i. • , .. • � F��`'.��� � � � � : � '• • 1- 1 , •-,;;,- ,‘...,, ___,\.i.',.gitq,1,,, • • . • . . .. . . . ti �„;7r'u`�Z :S 4•ET-,,,,',„r�s �����v .. . . . ,,,,,,,,,\,-74F-44,,,,l,,:,!::::,..,,..---;---.--:,,.. rt;,,..;'-3,_74c,,,,',,cizix!c.,,,,...,./'',..3-;./,..ki , .• . • . * . . '... - ' • ' . - ," a)W • . • - pk—eir'. & ' - • • • • 11 .. is C,�r r•:cL ..T+ _,�,yl°�r�;6' .. .. .. • .. ''° ,tea,`�.,;.. � - .r^'. .` � ..� .. r:'F;F°,•d: r°A-sl5e �.w t leia.1. v4a rc.' �FCS.:. APPROVE.AS TO F.ORDI ac LEGA,5t1F'IC1EI ' .: . .o rcce'Count�.ttorney's(Mice. • ': tO1j2_tT2q w . '. fir..:::�.• _ . Nittlialia i ones Archer.• . • •: ii •: sssEA�E CQ�i�Eg Attaray ..Witnesses'For C.00 TRAC I;' 1 .:. :C NT A T . :4 . • • : .; AC1-I RAKER..L C.. • r Vie.. kA .C.-Et‘i ke.c,/c._. Slarta -�. . . legally bind,the` of pot at.o N • Date: 6/2-- 24).'"Z- f. . • • • Date-: -*Lt-1. 4-' v i•.:1::‘. .• . 1 ; . . C.,..fr. ` '` VI.. 1 '4• 4 . . r Pint l a. .' . : ' . . . ikddres- :1;-C.' t-..'c k 4c — c.1 • • • • . .. • Sign itut e '. . . 5r"".w-" "tik. • t4 . . . . • . i.,-.'-':. ,--,..;-----• ,,,,"- k.--z•c---,. •64;A:f_t,--,, ..," 'kl-1-i'L 3,,34q,,,,* : (1.-'1, • • . . • -l Date .. :, Feke13ahoite No:-nib :�` . n • . : • h.„.�...ti a�.+I r .. . _ 'i.. x r wr i • BEACRAK-01 ACORO"° CERTIFICATE OF LIABILITY INSURANCE D TE 11/30/20YYYY) 23 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 ADDRESS:rbrawner@plastridge.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:James River Insurance Company 12203 INSURED INSURER B BEACH RAKER,LLC INSURERC: 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 REUBR ��ppD;;QQULLICED BY PAID CLAIMS. INSR EXP LTR TYPE OF INSURANCE AINSD SWVD POLICY NUMBER MM�DY/YYYY MM/DDPLICY/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE F11-1 OCCUR Y Y 000975863-4 12/1/2023 12/1/2024 DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: APPROVED BY RISK MANAGEMENT GENE AGGREGATE $ 2,000,000 JECT t / rn/ r� "- PRODUCTS-COMP/OPAGG $ 2,000,000 POLICY LOC BY X `l— X OTHER:per project agg capped at$3m DATE ED AUTOMOBILE LIABILITY WAIVER N/A YES Ee S accciden INGLE LIMIT $ 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 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 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(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MMIDDNYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 1_0 1�i 706(,76I"2024y) 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 INSURERS}, AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollicy(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 endorsemerl PRODUCER CONTACT NAME: Marsh McLennan Agency, LLC-Bouchard Region PHONE t FAX 101 North Starcrest Drive 1AIQ,No,E.fl: (727)447-6481 (A/C,Not: E-MAIL Clearwater, FL 33765 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# ----------------------------------------------------------------------------------------------------------------------- INSURER A: American Zurich Insurance Company 40142 INSURED INSURER B: FrarkCrum 12,Inc.Alt.Ernp:Beach Raker LLC 100 South Missouri Avenue INSURER C: Clearwater,FL 33756 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:24FL080969170 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PEFIOD 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE POLICY.......ZO NUMBER MMlDDtYYYYJMMM2D= LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE D OCCUR PREMISES(Ea-occurrence)---- $ APPROVED BY RISK MANAGEMENT MED EXP(Any one person) $ B PERSONAL&ADA INJURY $ GEN'L.AGGREGATE LIMIT APPLIES PER DATE 617/2024 GENERAL.AGGREGATE $ PRO- POLICY LOC WAIVER N/A YES PRODUCTS-COMP/OP AGO $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ _(Ea accident) 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)____________________- $ UMBRELLA LAB CLAIMS-MADE EACH OCCURRENCE $ J EXCESS LB CLAIM -MADE AGGREGATE $ 77--_ DE CD WORKERS COMPENSATION T AND EMPLOYERS'LIABILITY YIN 7777E I I ER ANYPROPRIETOR/PARTNE:R/E:XECUTIVE: F---- E.L.EACH ACCIDENT $ 1,000,000 A OFFI CER/MEMBER EXCLUDED? NIA VVC 47-58-512-13 06/01/2024 06/01/2025 (Mandatory in NH) L 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: 06/01/2024 06/01/2025 Client# B0265-FL DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Coverage is provided for Beach Raker LLC only those co-employees 220 NE 13th St of,but not subcontractors Pompano Beach, FL 33060 to CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Key West, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE "d 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/031 The ACORD name and logo are reuistered marks of ACORD A�" CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYW) 05/01/2024 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 po icy(ies)must 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: Certificate Department DTRT Insurance Group,Inc PHONE 954-772-8232 A/C,No,Ext: (AIC,No): ADDRESS: kathycdtrtinsurance.com 12550 W Atlantic Blvd, Coral Springs, FL 33071 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: INFINITY ASSURANCE INS CO INSURED INSURER B: INFINITY ASSURANCE INS CO 39497K BEACH RAKER LLC INSURER C: 220 NE 13TH ST INSURER D: INSURER E: Pompano beach FL 33060 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. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑ OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOC PRODUCTS-COMP/OP AGG $ JECT OTHER: $ AUTOMOBILE LIABILITY Co accident) $ 1000000 tEaANY AUTO BODILY INJURY(Per person) $ A ALL OWNED SCHEDULED AUTOS X AUTOS y 50007232601 05/03/2024 05/03/2025 BODILY INJURY(Per accident) $ NON-OWNED ODAMAGE $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LIAB OCCUR .. , EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE A t 6K, AGGREGATE $ DED RETENTION$ �� $ WORKERS COMPENSATION m 562 OTH- AND EMPLOYERS'LIABILITY �,/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ � """"'""—""""""'""" E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A I ' ®""""' "' "'"� W„ (Mandatory in NH) �,_,, E.L.DISEASE-EA EMPLOYEE $ If yes,describe under WAMM DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) 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 St AUTHORIZED REPRESENTATIVE Key West FL 33040-3110 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD