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HomeMy WebLinkAbout3rd Amendment 08/20/2025 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: August 26, 2025 TO: John Allen, Director Parks & Beaches Tammy Acevedo Budget& Contract Specialist Erika Nodal Executive Assistant FROM: Liz Yongue, Deputy Clerk SUBJECT: August 20, 2025 BOCC Meeting The attached item has been executed and added to the record: C2 3rd Amendment to the contract with Brightview Landscape Services, Inc. for Ballfield Maintenance, to extend the agreement for the Third of four additional one-year periods; to include an Annual CPI-U increase of 2.9%. 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 THIRD AMENDMENT TO AGREEMENT FOR BALLFIELD MAINTENANCE -MULTIPLE LOCATIONS MONROE COUNTY, FLORIDA THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this 20th day of August 2025, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and BRIGHTVIEW LANDSCAPE SERVICES,INC., a Florida For Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose principal address is 980 Jolly Road, Suite 300, Blue Bell, PA 19422, but whose mailing address for purposes of this Agreement is 4155 East Mowry Dr., Homestead, FL 33033. WHEREAS, on September 21, 2022, Contractor entered into an agreement with the County in which Contractor agreed to provide the County with ballfield maintenance at multiple locations for a one-year term (the"Agreement"); WHEREAS, paragraph 5(c) of the Agreement states "Total Compensation to Contractor under this Agreement shall not exceed One Hundred Forty-eight Thousand Three Hundred Sixty-four and 45/100 dollars ($148,364.45) annually, unless pre-approved additional and/or emergency work requiring additional funds is implemented;" WHEREAS, paragraph 6 of the Agreement states in pertinent part that the "County shall have the option to renew this Agreement for up to an additional four (4) one-year periods, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term;" WHEREAS, paragraph 6 of the Agreement also states in pertinent part that the "Contract amount may be adjusted annually in accordance with the percentage change in the U.S.Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, at December 31 of the previous year;" WHEREAS, on September 20, 2023, the BOCC approved a First Amendment to the Agreement that extended the term thereunder for the first of four (4) additional one-year periods, commencing on September 20, 2023, and terminating on September 19, 2024, including a CPI-U increase of 3%; WHEREAS, on August 21, 2024, the BOCC approved a Second Amendment to the Agreement that extended the term thereunder for the second of four (4) additional one-year periods, commencing on September 20, 2024, and terminating on September 19, 2025, including a CPI-U increase of 3%; WHEREAS, the parties find that it would be mutually beneficial to enter into this Third Amendment to the Agreement to further extend the term thereunder for the third of the four (4) additional one-year periods, commencing on September 19, 2025, and terminating on September 19, 2026; and 1 of 3 WHEREAS, this Third Amendment would also amend the total compensation due to Contractor under paragraph 6 of the Agreement by applying the annual minimum CPI-U adjustment, which was 2.9% as of December 31, 2024. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. The County exercises its option to renew the agreement for the third of four (4) optional one- year periods. This renewal shall commence on September 19, 2025, and ends upon September 19, 2026, unless terminated earlier under Paragraph 21 of the Original Agreement. 2. Paragraph 5(c) of the Agreement shall be adjusted to reflect the 2.9% CPI-U increase, and amended as follows: Total Compensation to CONTRACTOR under this agreement shall not exceed One Hundred Sixty-Nine Thousand Three Hundred Fifty-Two and 06/100 dollars ($169,352.06) annually which includes the original contract amount with a contractual increase of 2.9% ($4,564.60) and the overseeding cost with an increase of 2.9% increase ($7,387.62). Additional overseeding per application as shown below must be pre-approved. $2,075.69 per application at Bernstein Park, Stock Island $357.39 per application at Watson Field, Big Pine Key $1,556.77 per application at Big Pine Community Park, Big Pine Key $1,790.92 per application at Harry Harris Park, Tavernier $199.70 per application at Friendship Park, Key Largo $1,407.15 per application at Key Largo Community Park, Key Largo 3. The Contract payment amount adjustments set forth above shall be effective September 19, 2025. 4. Except as set forth in Paragraphs 1 through 4 of this Third Amendment to Agreement, in all other respects,the terms and conditions set forth in the Original Agreement, as amended,remain in full force and effect. 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A: . . . •• • • • • • "''O . .. + f1. .. ,3 .• ' . • .. . . . i.,,....i,;,•,000.• •:. •••-..- .• • :• • .• i.• .•- - •.i • :• • . •. . .• •• • •• :. s•- • •.• • s' .s•fi'.,:),.p • -- -.f.sai. .••• .•-' :. •• • •.,•-.:• - :• . .: •. •• H ...... • - : '.: --. • • : i..Dovit:l.: Z/7/20-2 . ,:':: -. . . :.• .'..• - --:: •. .. : .- ..... i':' ... ... .:.l ... ... i i .: •. :.• : . ,:-.1or„..7: .... •,iik7-. •• :.e.t.i..-• :.... .•... : : ., . . . .. .. . . . .. ..-i • • • ,,?• 3 of3 . DATE(MM/DD/YYYY) A o CERTIFICATE OF LIABILITY INSURANCE 09/20/2024 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 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 16th 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:570108270372 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 XSLG47 17551 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 n GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 POLICY ❑X PRO- El LOC PRODUCTS-COMP/OP AGG $5,000,000 0 OTHER: o A Y ISA H10719999 10/01/2024 10/01/2025 COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY $5,000,000 Ea accident X ANY AUTO A' la 'T BODILY INJURY(Per person) Z OWNED SCHEDULED 0Y_. w _ ..„a —�^' BODILY INJURY(Per accident) a) AUTOS ONLY AUTOS 10.1 NON-OWNED DAT ,..., 0-•5 ,Z4-�...�."'m'-- PROPERTY DAMAGE V HIRED AUTOS Per accident ONLY AUTOS ONLY WA ­ B X UMBRELLA LIAB X OCCUR Y ZAU508596820 10/01/2024 10/01/2025 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 WLRC72633660 10/01/2024 101011202 5 X I 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 sCFC72633702 10/O1/2024 10/Ol/2025 (Mandatory in NH) WC - 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— DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners, 1100 Simonton Street, Key West, FL 33040 is included as Additional Insured in accordance with the policy provisions of the General Liability, Automobile Liability and Umbrella Liability Policies. 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 AUTHORIZED REPRESENTATIVE Commissioners 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 G47317551 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 G47317551 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" g 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 contractor 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 BrlghtVlew Landscapes, LLC Endorsement Number TBD Policy Symbol Policy Number Policy Period Effective Date of Endorsement I SA H 10719999 10/01/2024 To 10/01/2025 10/01/2024 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