Loading...
HomeMy WebLinkAbout2nd Amendment 05/07/2026 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: May 8, 2026 TO: Ammie Machan, Administrative Assistant Tourist Development Council FROM: Liz Yongue, Deputy Clerk SUBJECT: April 15, 2026 BOCC Meeting The following item has been executed and added to the record: D13 2nd Amendment to Agreement with City of Key West for Beach Maintenance Multi-Year Agreement to incorporate Maintenance of Higgs Beach due to the conveyance of the property from Monroe County to the City of Key West. 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 AMENDMENT(2nd AMENDMENT)TO AGREEMENT THIS AMENDMENT to Agreement dated this day of1 41 2026, is entered into by and between the Board of County Commissioners for Monrounty(County), on behalf of the Tourist Development Council(TDC), and The City of Key West, a government agency organized and operating under the laws of the state of Florida (Grantee). WHEREAS,there was an Agreement entered into on February 19, 2020 between the parties, awarding$790,500 to Grantee for the City of Key West Beach Maintenance Multi Year Grant("Agreement"); and WHEREAS,there was a 15t amendment to the Agreement that extended the agreement through September 30, 2029; and WHEREAS,the Grantee has agreed to take ownership of 2 parcels of land (RE#s 00058800- 000000 and 00058790-000100) located at 1040 Atlantic Boulevard, Key West, Florida, 33040,within the city limits of Key West, Florida, commonly known as Higgs Beach under a separate Higgs Beach Conveyance Interlocal Agreement Between the City of Key West and Monroe County; and WHEREAS,Tourist Development Tax(TDT) revenues from District I-The City Limits of Key West(DAC 1) in accordance with F.S. 125.0104 and Monroe County Code Sec. 23-200 may be used to finance beach park facilities, or beach, channel, estuary, or lagoon improvement, maintenance, renourishment, restoration, and erosion control, including construction of beach groins and shoreline protection, enhancement,cleanup, or restoration of inland lakes and rivers to which there is public access as those uses relate to the physical preservation of the beach, shoreline, channel, estuary, lagoon, or inland lake or river; and WHEREAS,the County has utilized TDT DAC I revenues to operate and maintain Higgs Beach which has been allocated for various expenses, including beach clean-up/sand renourishment at approximately$305,815, maintenance employees'salaries at approximately$193,917; utilities such as electric,water, sewer, and trash pickup at approximately$108,900; pest control and other general repair, maintenance and operating expenses at approximately$50,000;and WHEREAS,the County desires to extend the same funding for the operation and maintenance of Higgs Beach to the City of Key West; NOW,THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amend Agreement as follows: 1. Exhibit A shall be replaced with the revised Exhibit A to add Higgs Beach. 2. Paragraph:2 of the 1 ft.Amendment of the agreement shall be revised to read•as follows• . : • . to include additional funding for Higgs Beach: • • ' ' • " : • • : • : ' : i AMOUNT O.F AG.REEMENT•AND.PAYMENT:.The Grantor shall provide.an amount not to.. ' : i exceed amount listed below per fiscal year,for•materials•and services.used to improve: ' ••: : • ' the property. .. • Add''. . • • • • • • • .. . Ito FY2026,-:Mayt.2026—.September 30,.2026 an additional a mount of. .293;767.39 • • •• ••• : Year 3-FY2027 October il 2026-September•3o,2027 1,64cL000.. • - • :• . ' •. .: Year 4 FY2028 October 1,2027-.September•30,'2028 ••$1,705,000:.• : • : • • :. .. . : • :. . Year 5.FY2029 October.T,2028—September 30,:2029. $1,775,000 • • • • •: ' : " •' : •: • • •' .'The above amounts.include the additional funding for Higgs Beach based upon the : ••:: .Cou,nty.'s.prior funding in the amount•of approximately. 658,632 for FY 27..Reimbursement.: •. •• :•• : • : • - .request Must show•thatGrantee has paid in•full for"materials and services reLating to the :.• • • : • • • • . : project prior to seekingithe.1 u0%(one"hundred.percent).reimbursement from Grantor: . • • .: . • •-Payment'request will be submitted quarterly in•an amount not-to exceed the total amount •• • :"" • • : . listed for each Fiscal•Year.•The Board:of County Commissioners and the Tourist •.• . • • . •' :Development Council:assume no liability to fund this agreement fora an amount in•excess of•:: • •• •• . : • this:!award:Monroe County's.performence and obligation.to pay under this.agreement is .• : •• i . . . • .contingent upon annual,appropriation by the BCCC.• .... .: . : : • • • : . 3.: The remaining provisions of the Agreement dated•February 19,,:2020;•as.a.mended by. : ": • •: • •:.the 1 amendment to the.agreement dated.April 17,2024,•shall remain.in full.force and • effect. • • . i . IN WITNESS WHEREOF,.the parties have set:their_hands.and.seal.on the day.and,year first . : . : i . : ,, . ,,- a written... : : : ••.. • : : ., r , . Board of County•' •Commissioners • • • ;• • ' ' • alitsi �r - .. .• . __ ___„.,. ' ) :.- .. - • .. • ' . .. ' .. - • .. • ' . ‘. • .. - • '. • - . .. - - - . ' . . . • - • :•:;:fj • .. • .. •=1C. •• ''rl• • •• • •- . . •• ....il ' ° . :VIN'-MADOK,CLERK. •. . of.Monroa.Coun " ' � � � IOW ��. ir '. •• .. ,•• . :-.7.1,7'7:::::,-17-ip • g•--..,1 .,•_.;•1 f,:',.;;,,,,,- :. -.. - . --..' . . . :'. .. ... : . '..' . . . I.:: ... .. . • :... . . : i.:. *. Ill far! 1: •..i,,,...rir':,..:. .-.?2,Z. . • :.. . . i :. .•. *.. . • . : : .• • •.. .\& _- -42...-ri,,...-wi„:,-, „;:.,,t/,,60Hot-1 .'..: . i'.: :. ... : , •• .. .'.. - :.• '. .• • v. ',41'-'. .i.v. .. i.. .-.. r,.- '. .-- : : .I.' •....71 -. • ' '..." .• - •• •-•-. -• :-• ...• .•''•..-'••-- -•,-..'-'...-P.-.PE..j:.....-••4.• '0•••10r • - • :.. . . •- .• - • •,•--•-•- •-•.---. -:---•-_-•-:---• • • - - • •• • • . •.•- • • . '- - .•• • • . •.-•. . • .• .. . ..4.,.z,.%.?•:..:c2......-••. •. • CC'':.- .•.-c=),• -••--.:. •:••.. .-. •. •.• • Deputy aerk Mayor . �v,'4 y � . : • p1VWfM • The G l''''''''''''..1‘—,•.:•:.'113. of�Key Wes . • Nam+, . .h •• • • • • , • • . 7 .A rt.:, rk • • : II. :. : /:k: - • McA.'5:-CAY::.-' -':1'''-'-'7:::'-:•-;,.,.,:,•:,,,...:..,:-,, f { I .. t '' ir !', �•d 1.r' ''rjUA+r �N. �r ..:� a "�-' N. ).--'• • 6).. �.�'(�\1' ,. `:..,.; ♦,,ti •$fit „,•• . ^, ;, �ti �, • • • MONROEC�N"YeAy�fTTOR iEY: c review ..c\ : • .f_r Legal.gSufficiency:.: . TIOlviEY 211 nd REVISED EXHIBIT A NAME OF ENTITY C hum lh6�p,�.���, NAME OF PROJECT: C I o .��a�(" I el� l l�m�i�.(..Beq(,,, III:���9��uu irh����i���i�: �o, Wift! Ye�,iil NUMBER OF SEGMENTS TO PROJECT:-1 Note:County signoff and submission for reimbursement only allowed after completion of each segment as documented in this exhibit. Grantee must apply for reimbursement utilizing the 'Application for Payment'form included within the Payment/Reimbursement Kit. Segment #:1 Desertion: Materials, equipment and labor required to: • Provide daily (approx. 365 times/year) beach cleaning/maintenance at Smathers Beach* • Provide daily (approx. 365 times/year) beach cleaning/maintenance at Higgs Beach** • Provide beach cleaning/maintenance approx. 52 times/year at Rest Beach* • Provide seaweed disposal (disposal only Total Cost: TDCportion: approx. 120 times/year) at South Beach Year 1 FY2025$ 865,000.00 Year 1 FY2025$ 865,000.00 • Beach cleaning/maintenance includes but is not limited to:Trash Year 2 FY2026$ 1,193,767.39 Year 2 FY2026$ 1,193,767.39 and debris removal, sweeping of walkovers, management of Year 3 FY2027$ 1,640,000 ; Year 3 FY2027$ 1,640,000 environmental hazards, erosion control and beach repair, Year 4 FY2028$ 1,705,000 Year 4 FY2028$ 1,705,000 coordination of all activities with the Florida Department of Year 5 FY2029$ 1,775,000 Year 5 FY2029$ 1,775,000 Environmental Protection, and notices to appropriate state agencies regarding any sea turtle nesting activity. Provide seaweed cleanup from below the high water mark and around the groins for both beaches and disposal of the seaweed. 17Tfjj ii��l. � "Beach clean up/sand renourishment, maintenance & maintenance staff costs, utilities such as electric, water, sewer, trash pickup, pest control, general repair and maintenance and operating expenses (Beach restroom supplies). i m Page 1 of 1 EXHIBIT A ................. ...... . .............................................. �,h'i c�,dleir hor hVs "m li'm of, 'R)c kaldhng) a€wM, ro^hi p1lace artd piirc,�O,frn fl f,,e Eoiriirn c,4 li"novided wNhi fcvij of segrneirvL ll�,ks sl,,oll i bot li.,xs covered ors jj Qlrff d",ft"le IN,K", corrtirvd ..................... ------- Page 2 of 1 l ® DATE(MMIDDIYYYY) AiIC40R o CERTIFICATE OF LIABILITY INSURANCE 10/3l2025 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 NAME t T Jenna Jennings World Risk Management PHONE FAX 20 N. Orange Ave., E A L 4074452414 (A/C,No):407-445-2868 Suite 500 ADD.Rws_jenna.jennin.qs_owrmlic.com Orlando FL 32801 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Public Risk Management of FL{ 11111 INSURED KEYWEST-01 INSURER B: City of Key West 1300 White Street INSURERc Key West FL 33040 INSURERS: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:146920119 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. ( m„.. .......... .............. ILT R X COMMERCIALPEOF I GENERAL LIABILITY ADDL SUBR PRM025-012A-073 NUMBER M 0 p20� I POLICY EXP LIMITS LTR TYPE OF INSURANCE � POLICY N F 1 MMJDDIYYYY 10/1/2026 EACH OCCURRENCE $1,000,000 DAMAGE TO-RENTED CLAIMS-MADE F-K OCCUR PREMISES(Ea occurrence) $1,000,000 . ........ .... , DXP(A Eny one person) $Excluded ......... PE RSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: '... GENERAL AGGREGATE $ POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: SELF INS.RETENTION $100,000 A AUTOMOBILE LIABILITY PRM025-012A-073 10/1/2025 10/1/2026 ',jEaaccident).,,,,,,,,COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ IOWNED SCHEDULED BODILY INJURY(Per accident) $ 1 AUTOS ONLY AUTOS .. HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY 9Per accidentp X APD SELF INS.RETENTION $25,000 UMBRELLA LIA7 B OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ A WORKERS COMPENSATIOPER N AND EMPLOYERS'LIABILITY Y/N PRM025-012A-073 10/1/2025 10/1/2026 X...., STATUTE ERA SIR $325,000 ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under ,,, DESCRIPTION OF OPERATIONS below iE.L.DISEASE-POLICY LIMIT $1,000,000 i I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Key West Coffee Butler Ampitheater Enhancements Ph 3 With respects to the listed coverage held by the named insured,as evidence of insurance. APPROVED BY RI&(MANA6EMEM dY DATE__15.26 ..................... WAIVER WAX YES CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners c/o Risk ACCORDANCE WITH THE POLICY PROVISIONS. Management&Monroe County TDC P.O. BOX 1026 AUTHORIZED REPRESENTATIVE Key West FL 33041 /J ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD RESOLUTION NO. 26-142 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, APPROVING THE ATTACHED "AMENDMENT (2ND AMENDMENT) TO AGREEMENT" ID #2324 CITY OF KEY WEST BEACH MAINTENANCE MULTI YEAR GRANT PROJECT WITH THE BOARD OF COUNTY COMMISSIONERS FOR MONROE COUNTY (BOCC) ON BEHALF OF THE MONROE COUNTY TOURIST DEVELOPMENT COUNCIL (TDC) TO INCORPORATE MAINTENANCE OF HIGGS BEACH DUE TO THE CONVEYANCE OF THE PROPERTY FROM MONROE COUNTY TO THE CITY OF KEY WEST; AUTHORIZING ANY NECESSARY BUDGET TRANSFERS OR AMENDMENTS; AUTHORIZING THE MAYOR TO EXECUTE NECESSARY DOCUMENTS UPON ADVICE AND CONSENT OF THE CITY ATTORNEY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in Resolution 20-020 the City entered into a Grant Award Agreement with the BOCC on behalf of the TDC for FY 2020 - FY 2024, which included an option to extend the Agreement for a five-year period; and WHEREAS, in Resolution 24-043 the Grant Award Agreement was extended for an additional five-year period beginning FY 2025 and ending FY 2029, with increases to annual funding as set forth in the negotiated 1st Amendment to the Agreement; and WHEREAS, due to the conveyance of Higgs Beach from Monroe County to the City of Key West, maintenance of Higgs Beach is being incorporated in Grant Award Agreement ID #2324; and Page 1 of 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF KEY WEST, FLORIDA, AS FOLLOWS: Section 1 : That the attached "Amendment (2nd Amendment) to Agreement" ID #2324 with the Board of County Commissioners for Monroe County, on behalf of the Tourist Development Council, for City of Key West Beach Maintenance, to incorporate maintenance of Higgs Beach due to the conveyance of the property from Monroe County to the City of Key West is hereby approved. Section 2 : That expenses will be budgeted in 109-7204-572-3400 and grant funds will be budgeted in 109-0000-337-7001 . Any necessary budget amendments or adjustments are hereby authorized. Section 3 : That the Mayor is authorized to execute any necessary documents, upon advice and consent of the City Attorney. Section 4 : That this Resolution shall go into effect immediately upon its passage and adoption and authentication by the signature of the Presiding Officer and the Clerk of the Commission. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 2 of 3 Passed and adopted by the City Commission at a meeting held this 7th day of May 2026. Authenticated by the Presiding Officer and Clerk of the Commission on 7 day of May, 2026. Filed with the Clerk on May 7 2026. Mayor Danise Henriquez YeS.... Vice Mayor Donald "Donie" Lee Yes Commissioner Lissette Carey Yes Commissioner Aaron Castillo Yes Commissioner Monica Haskell Yes Commissioner Sam Kaufman Yes Commissioner Greg Veliz Yes NISE HENRI ,Z MAYOR f ATTEST: 0' BRIEN�.. C, ... �..__. KER", ITY CLERK Page 3 of 3 e � °,�d MEMORANDUM Date: May 7, 2026 To: Honorable Mayor and Commissioners Via: Brian L. Barroso City Manager CC: Christina Bervaldi Director of Finance From: Carolyn Sheldon Senior Grants Administrator Subject: File ID 26-5345 Approving the attached "Amendment(211 Amendment)to Agreement" ID#2324 Introduction The City Manager's Office requests approval of the attached "Amendment (2nd Amendment) to Agreement" ID #2324 City of Key West Beach Maintenance Multi Year Grant Project with the Board of County Commissioners for Monroe County (BOCC) on behalf of the Monroe County Tourist Development Council (TDC) to incorporate Maintenance of Higgs Beach due to the conveyance of the property from Monroe County to the City of Key West. Authorizing any necessary budget transfers or amendments. Authorizing the Mayor to execute necessary documents upon advice and consent of the City Attorney. Back round Funding for this Agreement is through TDC bricks and mortar capital funding. Originally entered into for FY 2019—FY 2024 funding in the amount of$790,500.00 per fiscal year(Resolution 20- 020, January 22, 2020), the Agreement is in the extension period (I't Amendment) which began FY 2025 and ends FY 2029 (Resolution 24-043, March 14, 2024). The 2nd Amendment incorporates Maintenance of Higgs Beach due to the conveyance of the property. The County has utilized Tourist Development Tax (TDT) revenues from District I — The City Limits of Key West (DAC I)to operate and maintain Higgs Beach. Operations and maintenance costs total $658,632 (at approximate values) and includes $305,815 for beach clean-up/sand renourishment; $193,917 for maintenance employees' salaries; $108,900 for utilities such as electric, water, sewer, and trash pick up; and $50,000 for pest control and other general repair, maintenance, and operating expenses. Procurement With the approval of the 2"d Amendment, funding for Beach Maintenance will increase by a total of$2,503,767.39 over FY 2026 —FY 2029 and will be budgeted in the newly established Higgs Beach Fund, Revenue Account Number 1090000-3377001. Expenses will be budgeted in Expense Account Number 1097204-5723400. Funding amounts for both the 1 st Amendment (current) and the 2❑d Amendment (with Higgs Beach) are below: CURRENT 2nd AMENDMENT Additional Amount for Period of 1st Amendment Period of Higgs Beach 2nd Amendment FY Performance Contract Amount Performance Conveyance ContractAmount Year 1 FY 2025 10/1/24-9/30/25 $ 865,000.00 n/a n/a $ 865,000.00 Year2 FY2026 10/1/25-9/30/26 $ 900,000.00 5/1/26-9/30/26 $ 293,767.39 $ 1,193,767.39 Year 3 FY 2027 10/1/26-9/30/27 $ 935,000.00 10/1/26-9/30/27 $ 705,000.00 $ 1,640,000.00 Year 4 FY 2028 10/1/27-9/30/28 $ 970,000.00 10/1/27-9/30/28 $ 735,000.00 $ 1,705,000.00 Year 5 FY 2029 10/1/28-9/30/29 $ 1,005,000.00 10/1/28-9/30/29 $ 770,000.00 $ 1,775,000.00 TOTALS $ 4,675,000.00 TOTALS $ 2,503,767.39 $ 7,178,767.39 Recommendation The City Manager's Office recommends the City Commission approve the attached"Amendment (2"d Amendment) Agreement" ID #2324 with the Board of County Commissioners for Monroe County on behalf of the Tourist Development Council (TDC) for the City of Key West Beach Maintenance Multi Grant Project to incorporate Maintenance of Higgs Beach due to the conveyance of the property from Monroe County to the City of Key West.