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1st Amendment 03/20/2024 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 2, 2024 TO: Christine Hurley, Executive Director Monroe County Land Authority ATTN: Cynthia Guerra Acquisition Manager FROM: Liz Yongue, Deputy Clerk SUBJECT: March 20, 2024 BOCC Meeting The following item has been executed and added to the record: F2 1 st Amendment to the Agreement with Charley Toppino and Sons, Inc., for Demolition, Removal and Disposal Services, extending the end date of the term to December 14, 2025 for the Voluntary Home Buyout Program funded through CDBG-DR funds. 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 ONE TO AGREEMENT FOR DEMOIATION, REMOVAL AND DISPOSAL SERVICES FOR THE COMMUNITY BLOCK GRANT—DISASTER RECOVERY (CDBG-DR) VOLUNTARY HOME BUYOUT PROGRAM (VHBP) This Amendment ("Amendment One") is made and entered into this 20th day of March 2024 by and between MONROE COt.N,ry ("COtTN,ry-), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, through the Monroe County Board of County Commissioners ("BOCC"), AND Charley Toppino and Sons, Inc., a Corporation of the State of Florida whose address is 129 Toppino Industrial Drive, Key West, 33040, its successors and assigns, hereinafter referred to as "CONTRACTOR." WITNESSETH: WHEREAS, the Agreement for Demolition, Removal and Disposal Services for the Community Development Block Grant—Disaster Recovery(CDBG-DR)Voluntary flome Buyout Program (VI-IBP)("AGREFIMEN'r) for implementation of the Voluntary Home Buyout Program between Charley Toppino,and Sons, Inc. and the COUNTY was entered into the 15th day of June 2022 with an original termination date of June 14, 2024; and WHEREAS, the State of Florida Department of Economic Opportunity, now known as Florida Commerce ("COMMERCE"), and the Monroe County Board of Commissioners entered into a grant agreement ("GRANT AGREEMENT") for the Voluntary I-lome Buyout Program under the United States Department of Housing and Urban Development Community Development Block Grant Disaster Recover program on June 4, 2020, with a termination date of June 4, 2022; and WHEREAS,the GRANT AGRE'EMENThas been amended and extended in March 2021, February 2022 and April 2023, and the termination date of the GRANT AGR1-.1EMF1N`f' is now June 4, 2024, with a subsequent amendment to June 2025 in process; and WHEREAS, the A(3REI-',1'MENT with Charley Toppino and Sons, Inc. needs to be amended to accommodate the extended period oftime ofthe grant; and WHEREAS, it is now known how many parcels will be acquired in the Voluntary I Tome Buyout Program that will require demolition, removal and disposal services, and an additional $150,000 needs to be added to the Not to Exceed amount of the contract, raising it from $490,000 to $640,000; and WHEREAS, minor modifications to the contractor deadlines and timelines described in Article 11, Paragraph 2.1 Scope of Basic Services, Article VII, Paragraph 7.2. and Attachment A "Scope of Work and Pricing"are needed to update the schedule and sequencing of Task Orders, Quotes,Notices to Proceed and commencernent of work after permitting described in the contract; and Page 1 of 4 WHEREAS, no changes are being made to the rates that were bid as part of the original Request for Proposal (RFP). NOW 1"HEREFORE, in consideration of the mutual promises contained herein, the AGRE'l."MENT is amended as follows: Section 1. Recitals and Leaislative Intent. The Foregoing recitals, findings of fact, and statements of legislative intent are true and correct and are hereby incorporated as if fully stated herein. Section 2. The AGRE'EMENTis amended as follows: Article 1, Paragraph 1.1.9 is deleted in its entirety and replaced with the following: Article 1, Paragraph 1.1.9 The effective date of this AGREEMF`INT shall be June 15, 2022 with an original termination date of June 14, 2024. "I"he COUN"I'Y is extending this ACRE ENIF"NT for an additional eighteen (18) months at the same terms and conditions, except as amended herein. The new termination date is December 14,2025. Tile COUNTY shall have the option of extending the AGREEMENT for all additional 6 months, for a total extension of up to two (2) years, at the same terms and conditions with approval of the COUNTY's BOCC, Such extension(s) shall be in the form of a written Amendment to the AGRI-.,',EMEN'-F and shall be executed by both parties. Article VII, Paragraph 7.1.I is deleted in its entirety and replaced with the following: Article V11, Paragraph 7.1.1 The COUNTY shall pay the CONTRACTOR in current lunds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment A of the original procurement and AGRE"EMENT. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement, which is $640,000. Article 11, Paragraph 2.1 Scope of Basic Services is deleted in its entirety and replaced with the following: Article 11, Paragraph 2.1 CONTRACTOR's Scope of Basic Services consists of those described in Attachment A. The period of performance or date of completion, and performance requirements shall be included in Attachment A. In accordance with this contract, Task Orders will be issued containing a specific address or group of addresses, a description of the services to be performed at each address, the time period within which services must be performed ("Completion Date") and the estimated cost based upon the agreed upon rates for the services to be performed under this contract. The County will provide asbestos testing results and any conditions required by Florida Division of Historical Resources (SI IPO) and/or the Monroe County Historic Preservation Commission (MCPHC) with the Task Order. Within ten(10)days of receipt of a fully executed Task Order,the CONTRACTOR Page 2 of 4 must complete a site inspection and provide a written response to the COUNTY including a quote for the cost of the job in accordance with the pricing and rates set forth in this agreement,and a schedule to begin and complete the job.'I"he Contractor's written response shall be incorporated into a written Notice to Proceed issued by the COUNTY. The CONTRACTOR shall commence obtaining permits for the services provided for in this Agreement promptly upon receipt of a written Notice to Proceed from the COUNTY. Permitted field work Must be commenced within 5 to 7 days of receiving issued permits. The Notice to Proceed will be issued in accordance with the Task Order. At no time shall the CONTRACTOR commence work without written authority from the COLJNTY. CONTRACTOR should expect that services must be completed no later than 45 calendar days of the commencement of permitted field work. Article VII, Paragraph 7.2.I.D is deleted in its entirety and replaced with the following: Article VII, Paragraph 7.2.1.D Contractor shall complete all demolition activities within 45 days of the commencement of permitted field work. The remainder of terms and conditions of Article VII, Paragraph 7.2J.D. remain unchanged and continue in full force and effect. Attachment A, Scope of Work and Pricing, third paragraph is deleted in its entirety and replaced with the following: Attachment A, third paragraph Task Orders will be issued containing a specific address or group of addresses, a description of the services to be performed at each address, the time period within which services Must be performed ("Completion Date") and the estimated cost based upon the agreed upon rates for the services to be performed Linder this contract. The COUNTY will provide asbestos testing results and any conditions required by Florida Division of Historical Resources and/or the Monroe County historic Preservation Commission with the Task Order. Within ten (10) days of receipt of' a fully executed Task Order, the CONTRACTOR must complete a site inspection and provide a written response to the COUNTY including a quote for the cost of the job in accordance with the pricing and rates set forth in this agreement, and a schedule to begin and complete the job. The CONTRACTOR's written response shall be incorporated into a written Notice to Proceed issued by the COUNTY. The CONTRACTOR shall commence obtaining permits for the services provided for in this Agreement promptly upon receipt of a written Notice to Proceed from the COUNTY. Permitted field work must be commenced within 5 to 7 days of receiving issued permits. The Notice to Proceed will be issued ill accordance with the Task Order. At no time shall the CONTRACTOR cornmence work without written authority from the COUNTY. Vendors should expect that services must be completed no later than 45 calendar days of commencement of permitted field work. The remainder of terms and conditions of Attachment A remain unchanged and continue in full force and effect. Page 3 of 4 The remainder of the terms and conditions of the AGREEMENT remain unchanged by this Amendment, and continue in full force and effect. IN WITNESS WHEREOF, each party caused this Amendment One to the Agreement to be executed by its duly authorized representative. .4.,,,,,,.=,•f-7.-f*,--..,.. ( E--AI:'..1)r,j-)\ BOARD OF COUNTY ,, :y ,_ q,,,c.: ', ios'4d'Li jt.,,,,.:.-s,,,,k1 ilV,65,----,,,-,-*fi, f 1 1 it,' COMMISSIONERS -ilz„--'1 - i;M:',,, i 1 p.,1L, Wiest.C.:13' tv IN MADOK, Clerk OF MONROE COUNTY, FLORIDA„ i, ,4 By "/ 1Jh4149Y B '''''',,,:,,ci:"1:Z1:1":::•;1 rL 'Ag.-b/eputy Clerk Holly Merrill Rascliem, Mayor '-'-',-Ii':',...-----' Date: ' 1 70) 202 ti CONT ACT i MONROE COUNTY ATTORNEY 11(1 APPROVED AS TO FORM I Digitally signed by Kelly Dugan By: - 61.4.....' Kelly Dugan KELLY DUGAN ' Date.2024 0212 1331:17-05'00' i Title: ,--el?/7a ASSISTANT COUNTY ATTORNEY „,--- Date: 2/22/24 STATE OF: r z_ COUNTY OF: AC.)fsvf•OC Subscribed and sworn to (or affirmed) before me, by means of1Z ph s al resence or D online notarization, on • 2-7/2.14 (date)by (name of affiant). He/She is peJl known to me or has produced (type of identification)as identification. a. r...) NOTARY PUBLIC .• • I CD zz)c-s.i. r:::,....,.. g ON NI) Notary Pubiic State of Florida ---4,--, (-:, Michael P.Latada --<,-- .., My COITIMISsion Hl-i 138227 %.0 —;'''''' l'i?ot•fv:..1 Expires 06110/2025 Page 4 of 4 • DATE(MM/DD/YYYY) AC R"� CERTIFICATE OF LIABILITY INSURANCE 5/22/2023 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. 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: Illana Abbate Marsh &McLennan Agency LLC PHONE FAX 9850 NW 41 St Ste 100 A/c No EXt: A/C,No): E-MMiami FL 33178 ADDRESS: FLCertificates@MarshMMA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Travelers Indemnity Co of America 25666 INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623 Charley Toppino &Sons Inc. Monroe Concrete Products Inc. INsuRERc: Evanston Insurance Company 35378 PO Box 787 INSURERD:Travelers Indemnity Company 25658 Key West FL 33041 INSURER E: Travelers Property Casualty Co of Amer 36161 INSURER F: COVERAGES CERTIFICATE NUMBER:1254041898 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 MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y Y 1 DTC03202M181TIA23 5/19/2023 1 5/19/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE FxI OCCUR Irk DAMAGE TO RENTED +, PREMISES Ea occurrence $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 4, • 2,6 23.� � --„ ., -. """"" GENERAL AGGREGATE $4,000,000 X POLICY JEC LOC WAK"4� -i �",, y PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ D AUTOMOBILE LIABILITY Y Y 810ON4284482326G 5/19/2023 5/19/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident X 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 E X UMBRELLA LIAB OCCUR Y Y CUP3J6572212326 5/19/2023 5/19/2024 EACH OCCURRENCE $10,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000 DED I X I RETENTION$1 n nnn $ B WORKERS COMPENSATION Y UB4K5263662326G 5/19/2023 5/19/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Pollution MMAEV003528 2/2/2023 2/2/2025 Aggregate: 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) General Liability Aggregate applies per Project if required by written contract. E: Professional Liability Policy#MMAENV003528, Eff Dated 2/2/23-2/2/25, Limit$1,000,000 Each Act, Error Or Omission Limit,$1,000,000 Aggregate Limit. Retroactive Date:02/02/2019 Monroe County Board of County Commissioners,its employees and officials,are Additional Insured as respects General Liability and Auto Liability. General Liability is primary and non-contributory. Umbrella follows form to the underlying policies as respects to Additional Insureds.Waiver of Subrogation as respects General Liability,Auto Liability, Umbrella Liability and Workers Compensation in favor of Additional Insured.All of the above is applicable when required by written contract subject to the terms,conditions,and exclusions of the policy. 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 Commissioners (BOCC) 500 Whitehead St AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD