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HomeMy WebLinkAboutPark Improvements Installation Agreement between the CMB and Sunset Islands Property Owners, Inc.2.C52-b — 3y21g PARK IMPROVEMENTS INSTALLATION AGREEMENT THIS PARK IMPROVEMENTS INSTALLATION AGREEMENT (this "Agreement") is made by and between: The CITY OF MIAMI BEACH, FLORIDA, a municipal corporation, organized under the laws of the State of Florida, its successors and assigns (hereinafter referred to as the "City"), having an address of 1700 Convention Center Drive, Miami Beach, Florida 33139, and SUNSET ISLANDS PROPERTY OWNERS, INC., a Florida not -for -profit corporation, its successors and assigns (hereinafter referred to as the "Association"), having an address of 2800 Biscayne Boulevard, Suite 310, Miami, Florida 33137; and WHEREAS, the City owns and maintains that certain park site located on Sunset Island Il, located at 2600 Sunset Drive, between West 251h and West 27'h Streets, Miami Beach, Florida, bearing Miami -Dade County Property Appraiser's Office Folio No. 02-3228-001-1280 (the "Park"); and WHEREAS, the Association has offered to cause the installation, at the Association's sole cost and expense, of certain improvements within the Park, and as of the ImprovementsAcceptarice Date (as defined in Section 5, said improvements would become property of the City; and WHEREAS, the City Commission of the City of Miami Beach, Florida, is the governing body of the City and has plenary authority over the Park; and WHEREAS, the City desires to accept the Association's offer; and WHEREAS, the City and the Association mutually recognize the need for entering into this Agreement designating and setting forth the responsibilities of each party; and WHEREAS, on April 22, 2026, the Mayor and City Commission adopted Resolution No. 2026-34218, authorizing the City Manager to execute this Agreement. NOW THEREFORE, in consideration of Ten Dollars ($10.00) paid in hand, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. 2. Installation of Improvements; Cost Estimate. The improvements to be installed within the Park consist of a synthetic turfgrass lawn area and GFI receptacle and related improvements (the "Improvements"). The Association shall install (or cause to be installed) the Improvements within the Park in the location ("Site") as more particularly shown in the Site Plan included with the proposal between the HOA and Bcremin Holdings, LLC, a Florida limited liability company, d/b/a Greens Guard ("Greens Guard"), attached hereto and made a part hereof as Exhibit "A" (the "Greens Guard Proposal") and the proposal between the HOA and Genesis Automation, Inc., a Florida corporation ("Genesis"), attached hereto and made a part hereof as Exhibit "B" (the "Genesis Proposal") (the Greens Guard Proposal and the Genesis Proposal may collectively be referred to herein as the "Proposals"). A description of the scope of the work to be performed and an estimate for the costs associated with the installation of the Improvements is included in the Proposals. All costs and expenses associated with the installation of the Improvements within the Park shall be the sole obligation and responsibility of the Association. Page 1 of' 16 3. License. The City hereby acknowledges and consents to the installation of the Improvements within the Park as shown on the Site Plans attached to the Proposals. In order to perform its installation obligations under this Agreement, City grants the Association, its employees, contractors and agents, a non-exclusive license to access and enter the Park for the purpose of installing the Improvements in accordance with the Proposal. 4. Installation Requirements. In connection with the installation of the Improvements, the Association shall comply with all applicable statutes, ordinances, rules, orders, regulations and requirements of all local, state and federal agencies. Furthermore, the Association shall secure any applicable permits necessary forthe installation of the Improvements within the Park. In the event of any third -party claims for damages related to the installation of the Improvements within the Park, the Association shall provide written notice of such claim with all related facts and documents to the City. 5. Completion of Installation; City's Acceptance of Improvements. The Association shall provide written notice to the City of its completion of installation of the Improvements and payment in full of all costs and expenses related thereto, and within three (3) business days after delivery of such notice, which shall include reasonable evidence of the payment in full of all costs and expenses related to such installation, a Final Contractor's Affidavit, and any other documents reasonably requested by the City, the City shall perform an inspection to confirm that the Improvements have been installed in substantial compliance with the Proposals and this Agreement and those permits issued with respect to such installation. The Association shall promptly correct and remedy any deficiencies or defects identified by the City in connection with the foregoing inspection. Provided that the Improvements pass the forgoing inspection, the City shall deliver written notice to the Association of its acceptance of the Improvements (the delivery date of such written notice is referred to herein as the "Improvements Acceptance Date") and as of the Improvements Acceptance Date, said Improvements shall become property of the City. Following the Improvements Acceptance Date, the HOA shall have no further responsibility in connection with the installation or condition of the Improvements, and the City shall be responsible for pursuing the contractors under the Proposals in connection with any defects related to the installation of the Improvements. 6. City's Responsibilities. The City shall be solely responsible for the maintenance, repair and replacement, as needed, of the Improvements from and after the Improvements Acceptance Date. In that regard, from and after the ImprovementsAcceptance Date, the Association shall have no further obligation or responsibility for same whatsoever. Notwithstanding the City's acceptance of the Improvements, the City, at the City Manager's sole discretion, retains the right to modify or remove the Improvements at any time and for any reason, including, without limitation, in the event that the City determines that the Improvements become expensive to maintain or are otherwise no longer desirable. Insurance. (A) The Association shall maintain the required insurance in effect prior to accepting the Proposals and until the Improvements Acceptance Date. The maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage may be treated as a material breach of this Agreement, which could result in termination of this Agreement upon written notice to the Association and the Association failing to cure within five (5) business days from receipt of a request from the City. (i) Worker's Compensation Insurance for all employees of the Association as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Association be exempt from this Statute, the Association and each employee shall hold the City harmless from any injury incurred during performance of this Agreement. The exempt Association shall Page 2of16 also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this contract or (ii) a copy of a Certificate of Exemption. (ii) Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $100,000 per occurrence. (iii) Automobile Liability Insurance covering any automobile, if the Association has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $100,000 combined per accident for bodily injury and property damage. (B) Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the Association including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the Association's insurance. (C) Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services. (D) Waiver of Subrogation — The Association agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (E) Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of -A:VII or higher. If not rated, exceptions may be made formembers of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. (F) Verification of Coverage — The Association shall furnish the City with original certificates and amendatory endorsements or copies of the applicable insurance language, effecting coverage required by this Agreement. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Association's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Kindly submit all certificates of insurance, endorsements, exemption letters to our email address RiskManagement(a)_miamibeachfl.gov or via mail to: CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliance Services P.O. Box 947 M urrieta, CA 92564 Page 3 of' 16 (G) Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve the Association of its liability and obligation under this section or under any other section of this Agreement. 8. Indemnification. (A) The Association agrees to indemnify and hold harmless the City of Miami Beach and its commissioners, officers, employees, agents, and contractors (the "City Indemnified Parties") from and against any and all actions (whether at law or in equity), claims, liabilities, damages, losses and expenses, including, but not limited to, reasonable attorneys' fees (collectively, "Losses"), which may arise or be alleged to have arisen from the negligent acts, errors, omissions, or other wrongful conduct of the Association, its officers, contractors, employees and agents, or any other persons or entities directly or indirectly employed or utilized by the Association in the performance of its rights and/or obligations under this Agreement. The Association agrees to pay all such Losses and shall defend all such suits, in the name of the City Indemnified Parties, including but not limited to appellate proceedings, and shall pay all costs, judgments and reasonable attorneys' fees which may issue thereon. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Agreement or otherwise. This Section shall not be construed to require the Association to indemnify the City Indemnified Parties against the consequences of their own gross negligence. Notwithstanding anything to the contrary herein, the Association's indemnification and hold harmless obligations under this Section 8(A) shall not apply to any Losses arising out of or relating to events or circumstances occurring from and after the Improvements Acceptance Date. (B) The Association and the City specifically agree that any contractual liability of the City to the Association under this Agreement shall be limited to $1,000.00 and any tort liability shall be limited to the amounts established in Section 768.28, Florida Statutes. Nothing in this Agreement shall be deemed to be a waiver of the City's sovereign immunity under Section 768.28, Florida Statutes. (C) This Section 8 shall survive the expiration or termination of this Agreement. 9. No Interest or Estate. Except for the right of access to conduct its rights and obligations under this Agreement, this Agreement does not create in the Association any claim of any interest or estate of any kind or extent whatsoever in the Park by virtue of this Agreement. 10. No Third -Party Beneficiaries. No person or entity other than the parties to this Agreement shall be deemed a beneficiary of this Agreement. 11. Audit and Inspections. Upon reasonable verbal or written notice to the Association, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. The Association shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. Pagc4of16 12. Inspector General Audit Rights. (A) Pursuant to Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. (B) The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector General has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Association, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Association, the Association shall make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Association its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. (D) The Inspector General shall have the right to inspect and copy all documents and records in the Association's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project - related correspondence, memoranda, instructions, financial documents, construction documents, (bid/proposal) and contract documents, back -change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Association shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: (1) If this Agreement is completely or partially terminated, the Association shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and Page 5 of 16 (2) The Association shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Association, its officers, agents, employees, subcontractors and suppliers. The Association shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Association in connection with the performance of this Agreement. (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Association or third parties. 13. Conflict of Interest. The Association herein agrees to adhere to and be governed by all applicable Miami -Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami -Dade County Code, as may be amended from time to time; and by the City of Miami Beach Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. The Association covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of this Agreement. The Association further covenants that in the performance of this Agreement, the Association shall not employ any person having any such interest. 14. Association's Compliance with Florida Public Records Law. (A) The Association shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. (C) Pursuant to Section 119.0701 of the Florida Statutes, if the Association meets the definition of "Contractor" as defined in Section 119.0701(1)(a), the Association shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of this Agreement if the Association does not transfer the records to the City; (4) Upon completion of this Agreement, transfer, at no cost to the City, all public records in possession of the Association or keep and maintain public records required by the City to perform the service. If the Association transfers all Page 6of16 public records to the City upon completion of this Agreement, the Association shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Association keeps and maintains public records upon completion of this Agreement, the Association shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Association of the request, and the Association must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) The Association's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate this Agreement; (2) avail itself of the remedies set forth under this Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) If the Association fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against the Association to compel production of public records relating to the City's contract for services, the court shall assess and award against the Association the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Association unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the Association has not complied with the request, to the City and to the Association. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Association at the Association's address listed on its contract with the City or to the Association's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. (3) If the Association complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. Pagc 7 of 16 (F) IF THE ASSOCIATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE ASSOCIATION'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADO@MIAMIBEACHFL.GOV PHONE: 305-673-7411 15. E-Verify. (A) To the extent that the Association provides labor, supplies, or services under this Agreement, the Association shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, the Association shall register with and use the E-Verify system to verify the work authorization status of all newly hired employees during the term of this Agreement. Additionally, the Association shall expressly require any subcontractor performing work or providing services pursuant to this Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor. If the Association enters into a contract with an approved subcontractor, the subcontractor must provide the Association with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Association shall maintain a copy of such affidavit for the duration of this Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that the Association has knowingly violated Section 448.09(1), Florida Statutes, which prohibits any person from knowingly employing, hiring, recruiting, or referring an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, the City shall terminate this Agreement with the Association for cause, and the City shall thereafter have or owe no further obligation or liability to the Association. (2) If the City has a good faith belief that a subcontractor has knowingly violated the foregoing Subsection 15(A), but the Association otherwise complied with such subsection, the City will promptly notify the Association and order the Association to immediately terminate the contract with the subcontractor. The Association's failure to terminate a subcontract shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. (3) A contract terminated under the foregoing Subsection (13)(1) or (13)(2) is not in breach of contract and may not be considered as such. Page 8 of 16 (4) The City or the Association or a subcontractor may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (13)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates this Agreement with the Association under the foregoing Subsection (13)(1), the Association may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) The Association is liable forany additional costs incurred by the City as a result of the termination of this Agreement under this Section 15. 16. Association's Compliance with Anti -Human Trafficking Laws. The Association agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti -Human Trafficking Affidavit, containing the certification of compliance with anti- human trafficking laws, as required by Section 787.06(13), Florida Statutes, incorporated herein by reference and attached hereto as part of Exhibit "C." 17. Prohibition on Contracting with a Business Engaging in a Boycott. The Association warrants and represents that it is not currently engaged in, and will not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2-375.1(2)(a) of the City Code, the Association hereby certifies that the Association is not currently engaged in, and forthe duration of this Agreement, will not engage in a boycott of Israel, as evidenced from the signed certification incorporated herein by reference and attached hereto as part of Exhibit "C." 18. Prohibition on Contracting with an Individual or Entity Which Has Performed Services for Compensation to a Candidate for City Elected Office. The Association warrants and represents that, within two (2) years prior to the Effective Date, the Association has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2-379 of the City Code shall not apply to the following: (A) Any individual or entity that provides goods to a candidate for office. (B) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. (C) Any individual or entity which performs licensed professional services (including for example, legal or accounting services). 19. Notices. Any notice given under this Agreementmust be in writing and sent by certified United States mail, with return receipt requested, or overnight express addressed to the party for whom it is intended, at the place as specified, and the place forgiving of notice in compliance with provision of this Section. For the present, the parties designate the following as the respected places forgiving of notice: Page 9of16 To the City: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: Department of Parks, Facilities, Fleet & Beaches Director With Copy to: City of Miami Beach, Florida 1700 Convention Center Drive Miami Beach, Florida 33139 Attn: City Manager To the Association: Sunset Islands Property Owners, Inc. 2800 Biscayne Boulevard, Suite 310 Miami, Florida 33137 Attn: Robert Hertzberg, President. 20. Non-discrimination. The Association shall not discriminate against any person in performing its obligations under this Agreement because of race, color, religion, sex, gender identity or expressions, genetic information, national origin, age, disability, familial status, marital status or sexual orientation, or any other factor which cannot be lawfully used as a basis for treatment. Additionally, the Association shall comply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing, public accommodations, public services, and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. 21. Remedies. If (a) the Association defaults in any of its obligations under this Agreement, and (b) the Association fails to cure such default within fifteen (15) days following written notice and a reasonable opportunity to cure, then the City shall be entitled to seek to enjoin the default and shall have the right to invoke any rights and remedies allowed at law or in equity or by statute or otherwise with respect to such default. Each right and remedy of any party shall be distinct, separate and cumulative and shall be in addition to every right, other right or remedy now or hereafter existing at law or in equity or by statute or otherwise and any two or more, or all, of such rights and remedies may be exercised at the same time. Additionally, in the event of a default by the Association and the Association failing to cure the default within fifteen (15) days, following written notice to the Association of the default, the City Manager may, in addition to any other remedies at law or in equity, required that the Association restore the Site to its original condition within thirty (30) days from the date of the request by the City. In the event that the Association fails to restore the Site to the satisfaction of the City Manager, the City may restore the Site on behalf of the Association and the Association shall be required to pay the City the total costs paid by the City to restore or complete the restoration of the Site within ten (10) days from receipt of the invoice. 22. Governing Law; Jurisdiction; Venue; Litigation. This Agreement shall be construed and interpreted, and the rights of the parties hereto determined, in accordancewith Florida law without regard to conflicts of law provisions. The parties hereby irrevocably submit to the jurisdiction of Florida courts and federal courts located in Florida. The parties agree that proper venue for any suit concerning this Agreement shall be Miami -Dade County, Florida, or the Federal Southern District of Florida. Page 10 of 16 23. Waiver of Trial by Jury. THE CITY AND THE ASSOCIATION HEREBY MUTUALLY KNOWINGLY, WILLINGLY AND VOLUNTARILY WAIVE THE RIGHT TO TRIAL BY JURY, AND NO PARTY NOR ANY ASSIGNEE, SUCCESSOR, OR LEGAL REPRESENTATIVE OF THE PARTIES (ALL OF WHOM ARE HEREINAFTER REFERRED TO AS THE "PARTIES") SHALL SEEK A JURY TRIAL IN ANY LAWSUIT, PROCEEDING, COUNTERCLAIM OR ANY OTHER LITIGATION PROCEEDINGBASED UPON ORARISING OUT OFTHIS AGREEMENT, OR ANY COURSE OF ACTION, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS RELATING TO THIS AGREEMENT. THE PARTIES ALSO WAIVE ANY RIGHT TO CONSOLIDATE ANYACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED, WITH ANY OTHER ACTION IN WHICH A JURY TRIAL HAS NOT BEEN WAIVED. THE PROVISIONS OF THIS SECTION HAVE BEEN FULLY NEGOTIATED BYTHE PARTIES. THE WAIVER CONTAINED HEREIN IS IRREVOCABLE, CONSTITUTES A KNOWING AND VOLUNTARY WAIVER AND SHALL BE SUBJECTTO NO EXCEPTION. NEITHERTHE CITY NORTHE ASSOCIATION HAS IN ANY WAY AGREED WITH OR REPRESENTED TO THE OTHER OR ANY OTHER PARTY THAT THE PROVISIONS OF THIS SECTION WILL NOT BE FULLY ENFORCED IN ALL INSTANCES. THE PROVISIONS OF THIS SECTION SHALLSURVIVETHE EXPIRATION ORTERMINATION OF THIS AGREEMENT. 24. Severability. Should any provision of this Agreement be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of this Agreement as a whole or any part thereof, other than the provision declared to be invalid, and every other term and provision of this Agreement shall be deemed valid and enforceable to the maximum extent permitted by law. 25. Waiver. No delay or failure on the part of the City to exercise any right or remedy occurring to the City upon the occurrence of an event or violation of this Agreement shall affect any such right or remedy, held to be in abandonment thereof or preclude the City from theexercise thereof at any time during the continuance of any event of violation. No waiver of a single event of violation by the City shall be deemed to be a waiver of any subsequent event of violation. Furthermore, no waiver of any provision of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted, and any such written waiver shall only be applicable to the specific instance to which it relates. 26. Effective Date. This Agreement shall only become effective upon execution by both parties, and the "Effective Date" shall mean the date on which the City has signed this Agreement. The City shall sign last. 27. Entire Agreement. This Agreement and Exhibits which are incorporated into this Agreement in their entirety, embody the entire agreement and understanding of the parties with respect to the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. [Signatures appear on the following page(s)] Page IIof16 Elm IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the date executed by the City, which shall execute last. WITNESS: THE ASSOCIATION: SUNSET ISLANDS PROPERTY OWNERS, 111 INC., a Florida not -for -profit corporation Date: 2026 By: Roberf'Pisdgberg-sident ATTEST: THE CITY: CITY OF MIAMI BEACH, FLORIDA, a municipal corporation, organized under the laws of the State of Florida By: By: _Pju� Rafael E. Gran do, City Clerk Eric T. CarpeT City Manager Date: 2026 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION Page 12 of 16 5 LI ZJp City Attorney Dote A1 EXHIBIT "A" GREENS GUARD PROPOSAL [Attached] Page 13of16 Greens Guard 2857 SW 13th St Fort Lauderdale FL, 33312 Date: 3/26/26 Sunset Island I and II HOA Michelle Khan Sunset Dr. Miami Beach, Florida 33140 Michell ekhan(ftmail.com GREENS GUARD Project Name: Sunset Island Park Renovation Project Size: 3,300 SF Project Description: -Removal and disposal of all grass, rock, organic material, dirt to 3-4" below final grade -Compact subbase -Add landscaping weed blocking fabric -Install perimeter 2"x4" nailer board around entire perimeter (266 linear feet) -Install 3-4" of pearock gravel, level and compact within border -Install 3,300 SF of 8mm foam shock pad -Install 3,300 SF of Purchase Green Arizona Pro Spring -Seam turf and staple into perimeter boards -Add 1lb per square foot of anti -bacterial infill -Backfill exterior of border with topsoil and grass seed as needed Labor & Materials Tax $28,875.00 $2,021.25 Total $30,896.25 Greens Guard 2857 SW 13th St Fort Lauderdale FL, 33312 Proposed Layout: GREENS GUARD Greens Guard 2857 SW 13th St GREENS GUARD Fort Lauderdale FL, 33312 Pricing Includes: -All materials for installation including base materials, turf, glue, tape and all associated freight charges -Professional installation + cleanup Notes: -Any changes to project scope may incur additional charges -50% due prior to start of project as a deposit, remaining 50% of balance due immediately upon completion of project Expiration: -This pricing is guaranteed for 30 days GreensGuard to Provide: - Artificial Grass product - Purchase Green Arizona Pro Spring - Professional installation subject to customer review Customer to Provide: -Any HOA or town permitting is the responsibility of the customer, including any costs associated with permits Authorized Signature: Date: Greens d: Date: '' o - ASPHALT y' CONCRETE — o W ROADWAY 27TH STREET —� VALLEY CURB T — VARIED WIDTH PUBLIC R/W— P.B. 40, PG. 8 "SUNSGTNSLANDU• PLASTIC r 2' CONCRE SIGN JUNCTION BOK •AThY Y ON S N VALLEY CURB SEWER NANON1lF VALLEY CURB V` CLEANOUT WATER O METERS 2' CONCRETE o_ VALLEY CURB Q N ppp PREVENTER SPIGOT O PET WASI- D,180'00'pp © ®ATTON o I ° o DRIVE I �OO 4\,SJ o Q` 0 0�• 25.00' BLOC 5 25.00' 50' RADIUS POINT O IR LO Op DRIVE < 2E SET I.R.C. :g0 O p• OLB 3591 SET I.R.C. 25.00' 25.00' FOUND IRON PIPE O• LB 3591 NO I.D. 0• O O O r IRRIGATION CONTROL F v 1 VALVES With BOLLARDS TRANSFORMER ON CONC PAD J �4 1 S.E CONC. CORNER ELEV.3.79 DRIVE I O 31.62'Q--33.00'---a--35.38' I GF4 LO T 6 Z DRIVE BLOC .K 2E o 0 Ln 0) LOT I m Z 0 2 DRIVE I (n o LAT OF C � ' v b3 Z I o ANDS (3co ��(N pcm -.� 6 N7 -4SZ ��o TJT tTi p ��� mZZ yr noZ o "gym �mco oD� "r0 O rn �� cN7+ yam') zz N i 7 D DRIVE R g O m 0 n�PJ 'EE O O • T O 0 O ASPHALT --- � C CD ROADWAY Z C) Z DRIVE LO ASPHOT 7 ROJ AT Q• ® © CD BLOC CD )CK 2E m ml I� o � rn a V' WALK m 8m o O s O DRIVE _ O • O_ OANSFORMER ON CONC PAO f I DRIVE N.E. CONC, CORNER EIEV-1O87 5f RADIUSAIPOINTI. • DRIVE 25.D1 25.00' p 0• SET R.C. SET I.R.C. 25.00' LB 91 LB 3591 i 25.00' �p� ... LB3591 OT 8 BL )CK 2E o ,n f�� VALVE O /�� O WALL( a=�so•od� � IRRIGATION i 1 CONTROL `IRIIICAPON VALVE ® N 0 CTI VpuNVEOL PET WASTE p IRRIGATION CONTROL DRIVE STATION O VALVE Will .ACNROW PREVENTER —- -- I WATER 2' CONCRETE METERS VALLEY CURB N I T LECUTE RB— vALLEY aRe 0 W 25TH STREET — — ASPHALT ---Ll—VARIED WIDTH PUBLIC R/W —ROADWAY — P.B. 40, PG. 8 N Y CONCRETE f DRIVE O DRIVE DRIVE VALLEY CURB EXHIBIT "B" GENESIS PROPOSAL [Attached] Page 14of16 GENESIS Genesis Automation 2830 W State Road 84 STE 101 Fort Lauderdale, FL 33312, US 954-316-2450 Prepared By: Valerie Law 9548685110 valehe@genesisautomationinc.com Electrical Service Quote: 1828 / Date: 4/23/2026 Sunset Island Playground Rudy Eguilior 305-219-9782 Rudy. Egu illor@gisignaturehomes. com> Scope of Work This proposal represents conversations regarding your requirements for the Park at Sunset Island 2. Electrical Material Meter Can 1 ea $133.65 GE Nema 3R 125 A 12/24 Plan with Main Breaker 1 ea $253.13 Stainless Steel Unistrut 30 ft $125.55 20A GFI Receptacle -Weatherproof Assembly, Residential- 4 ea $296.03 Grade GE 1 pole 20A GFCI Breacker 4 ea $432.00 1 1/4' Schedule 40 PVC 30 ft $103.28 #6 thhn loft $12.69 #1 Thhn 140 ft $560.00 $1,916.32 Installation Labor Installer labor 16 ea $1,919.96 Quote: 1828 / Date: 4/23/2026 G ENES I S ...,. , _ .. -_ $1,919.96 Excluded (-) 1. Permits to be billed separately at face value plus runner fees Notes Summary Subtotal $1836.28 Taxes $255.80 $4,092.08 r—O 1-1 L -Ta",j -SA-1 �.-. O O US A A4 CC f 3 Notary Public State of Florida Hilary Little My Commission 11535274 1 EXpires 618/2028 1 0 /V,- C LJ/ FL, XGk,z,,,,�N TS(A," EXHIBIT "C" CITY'S AFFIDAVITS AND CERTIFICATIONS The Association shall initial each section included in this Exhibit. The act of initializing confirms the Association's review of, and agreement to, the statements contained therein. The Association shall also sign and notarize the acknowledgment at the end of this Exhibit, affirming the truth and accuracy of all initialed statements. This Exhibit must be completed by a person authorized to make the following attestations on behalf of the Association: In accordance with Section 787.06(13), Florida Statutes, incorporated herein by reference, the' undersigned, on behalf of Grantee, hereby attests under penalty of perjury that the Association does not use coercion for labor or services as defined in Section 787.06, Florida Statutes, entitled "Human Trafficking". In accordance with Section 2-375.1(2)(a) of the City Code, the Association hereby certifies that the Association is not currently engaged in, and for the duration of this Agreement, will not engage in a boycott of Israel. "Boycott of Israel" as referred to herein means engaging in refusals to deal, terminating business activities, or other similar commercial actions that are intended to limit commercial relations with persons or entities doing business in Israel or in Israeli -controlled territories, when such actions are taken: (i) in compliance or adherence to calls for a boycott of Israel, other than those boycotts to which 50 App. U.S.C. §2407(c) applies; or (ii) in a manner that discriminates on the basis of nationality, national origin, religion, or other unreasonable basis. [SIGNATURE PAGE FOLLOWS] Page 15 of 16 BY SIGNING AND NOTARIZING THIS PAGE, YOU ARE ATTESTING TO THE AFFIDAVITS AND CERTIFICATIONS IN SECTIONS 1-2 OF THIS EXHIBIT. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this Exhibit and that the punishment for knowingly making a false statement may include fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of: SUNSET ISLANDS PROPERTY OWNERS, INC., a Florida not -for -profit corporation: a�A4n — ) &'?o K), 0', ,) 46W UZ Signature of Authoriz d R resentative (Address) Name/Title: 01 State of County of SU'y-'M� The foregoing instrument was acknowledged before me by means of physical presence or ❑ online notarization, this io day of 2026_by 2_016-cn I to-q b6e-rn as ALLffinyA� irnla�� a� , of SUNSET ISLANDS PROPERTY OWNERS, INC., a Florida not - for -profit corporation, known to me to be the person described herein, or who produced 7I's as identification, and who did/did not take an oath. NOTARY PUBLIC (SiignWure) sc1jv Ovrv(-� p'"yt,"r` (Print Name) / My commission expires: ``�/ 2� ZOZCl SAVANNA JENSEN NOTARY PtSU 4TATE OF U AN 0 N06 Y40W Page 16 of 16 AMENDMENT NO. 1 TO AGREEMENT BETWEEN BCREMIN HOLDINGS, LLC D/B/A GREENS GUARD AND THE SUNSET ISLANDS PROPERTY OWNERS, INC. This Amendment No. 1 ("Amendment") to the Agreement (`Greens Guard Proposal"), by and between Bcremin Holdings, LLC, a Florida limited liability company, d/b/a Greens Guard, with its principal place of business at 2857 SW 13" Street, Fort Lauderdale, Florida 33312 ("Greens Guard") and Sunset Islands Property Owners, Inc., a Florida not -for -profit corporation, having its principal place of business at 2800 Biscayne Boulevard, Suite 310, Miami, Florida 33137 ("HOA"), is entered into this day of 20 (`Effective Date"). RECITALS WHEREAS, on April 22, 2026, the Mayor and City Commission adopted Resolution Number 2026-34218, approving a Park Improvements Installation Agreement ("Installation Agreement") between the City of Miami Beach, Florida, a Florida municipal corporation (the "City"), and the HOA, permitting the HOA to install, at the HOA's sole cost, a synthetic turfgrass lawn area (the "Improvements") at the City owned park located at 2600 Sunset Drive, Miami Beach, Florida (the 'Park"); and WHEREAS, contemporaneously with the execution of the Installation Agreement, the HOA and Greens Guard will execute a proposal agreement containing the scope of work and cost associated with the installation of the Improvements at the Park, substantially in the form incorporated herein by reference and attached hereto as Exhibit "A"("Greens Guard Proposal"); and WHEREAS, the HOA and Greens Guard wish to amend the Greens Guard Proposal to include insurance and indemnification provisions, being requested by the City in connection with the installation of the Improvements at the City -owned Park. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Greens Guard and the HOA hereby agree to amend the Greens Guard Proposal as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Agreement is hereby amended (deleted items stFUok thFeug# and inserted items underlined) as follows: (a) A new Section, entitled "Insurance" is added at the end of the Greens Guard Proposal to read as follows: Insurance: (A) Greens Guard shall maintain the below required insurance in effect while performing any work at the Park in connection with the installation of the Improvements pursuant to the Greens Guard Proposal: The maintenance of proper insurance coverage is a material element of the Greens Guard Proposal and failure to maintain or renew coverage may be treated as a material breach of the Greens Guard Proposal, which could result in withholding of payments or termination of the Greens Guard Proposal upon written notice to Greens Guard and Greens Guard failing to cure within five (5) business days from receipt of a request from the HOA. (i) Worker's Compensation Insurance for all employees of Greens Guard as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should Greens Guard be exempt from this Statute, Greens Guard and each employee hereby hold the City and HOA harmless from any injury incurred during performance of this Greens Guard Proposal. If Greens Guard is exempt, Greens Guard shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this Greens Guard Proposal or (ii) a copy of a Certificate of Exemption. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence; $2,000,000 general aggregate. Automobile Liability Insurance covering any automobile, if Greens Guard has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $100,000 combined per accident for bodily injury and property damage. (B) Additional Insured - City of Miami Beach and the HOA must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed by Greens Guard including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to Greens Guard's insurance. (C) Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services and to the HOA at the HOA's address, reflected in the first paragraph of this Amendment. (D) Waiver of Subrogation — Greens Guard agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (E) Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of -A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. (F) Verification of Coverage — Greens Guard shall furnish to the City and the HOA with original certificates and amendatory endorsements or copies of the applicable insurance language, effecting coverage required by this Greens Guard Proposal. All certificates and endorsements are to be received and approved by the City and HOA before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Greens Guard's obligation to provide them. The City and/or HOA reserve the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Kindly submit all certificates of insurance, endorsements, exemption letters to the HOA at the address reflected in the first paragraph of this Amendment and to the City at the following email address RiskManagement(a).miamibeachfl.gov or via mail to: CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 (G) Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve Greens Guard of its liability and obligation under this section or under any other section of this Greens Guard Proposal. (b) A new Section, entitled 'Indemnification" is added at the end of the Greens Guard Proposal, following the "Insurance" Section to read as follows: Indemnification: Greens Guard agrees to indemnify and hold harmless the City of Miami Beach and its commissioners, officers, employees, agents, and contractors and the HOA and its officers, employees, agents and contractor (collectively, the "Indemnified Parties") from and against any and all actions (whether at law or in equity), claims, liabilities, damages, losses and expenses, including, but not limited to, reasonable attorneys' fees, which may arise or be alleged to have arisen from the negligent acts, errors, omissions, or other wrongful conduct of Greens Guard, its officers, contractors, employees and agents, or any other persons or entities directly or indirectly employed or utilized by Greens Guard in the performance of its rights and/or obligations under this Greens Guard Proposal. Greens Guard agrees to pay all such claims and losses and shall defend all such suits, in the name of the Indemnified Parties, including but not limited to appellate proceedings, and shall pay all costs, judgments and reasonable attorneys' fees which may issue thereon. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Greens Guard Proposal or otherwise. This Section shall not be construed to require Greens Guard to indemnify the Indemnified Parties against the consequences of their own gross negligence. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Greens Guard Proposal shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Greens Guard Proposal, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR GREENS GUARD: BCREMIN HOLDINGS, LLC, A FLORIDA LIMITED LIABILITY COMPANY, D/B/A GREENS GUARD WITNESS: / By: _ �urt C-T-1 Print Name and Title Print Name and Title 6 Lsz zo l$ Date FOR HOA: WITNESS: By: LJd LC SUNSET ISLANDS PROPERTY OWNERS, INC F: ATTO/TORG\GISELMFORMSIAMENDMENTSIAMENDMENTTEMPLATE Exhibit "A" Greens Guard Proposal Greens Guard 2857 SW 13th St Fort Lauderdale FL, 33312 Date: 3/26/26 Sunset Island I and II HOA Michelle Khan Sunset Dr. Miami Beach, Florida 33140 Micheliekhan@gmail.com GREENS GUARD Project Name: Sunset Island Park Renovation Project Size: 3,300 SF Project Description: -Removal and disposal of all grass, rock, organic material, dirt to 3-4" below final grade -Compact subbase -Add landscaping weed blocking fabric -Install perimeter 2"x4" nailer board around entire perimeter (266 linear feet) -Install 3-4" of pearock gravel, level and compact within border -Install 3,300 SF of 8mm foam shock pad -Install 3,300 SF of Purchase Green Arizona Pro Spring -Seam turf and staple into perimeter boards -Add 1lb per square foot of anti -bacterial inf ill -Backfill exterior of border with topsoil and grass seed as needed Labor & Materials Tax $28,875.00 $2,021.25 Total $30,896.25 Greens Guard 2857 SW 13th St Fort Lauderdale FL, 33312 Proposed Layout: ,�4 S • f GREENS GUARD Greens Guard 2857 SW 13th St GREENS GUARD Fort Lauderdale FL, 33312 Pricing Includes: -All materials for installation including base materials, turf, glue, tape and all associated freight charges -Professional installation + cleanup Notes: -Any changes to project scope may incur additional charges -50% due prior to start of project as a deposit, remaining 50% of balance due immediately upon completion of project Expiration: -This pricing is guaranteed for 30 days GreensGuard to Provide: - Artificial Grass product - Purchase Green Arizona Pro Spring - Professional installation subject to customer review Customer to Provide: -Any HOA or town permitting is the responsibility of the customer, including any costs associated with permits Authorized Signature: Date: GreensGuard: Date: 0 5 < 2E T 6 :K 2E OT 7 )CK 2E OT 8 )CK 2E ASPHALT Y CONCRETE W 27TH STREET ANY aae _ l� — J _ —VARIED NADTH PUBLIC R/SUNserIsLANDir _ — -- �— P.B. 40. PG. 8 gDN Pusnc .uNCTM Box 2' DDNCRETE r S 2' CONCRETE VALLEY CURB 'ATHANDHOLE&lr VALLEY CURB IylEp aEANOUT METj� MET IRI(1\ 2 CONCRETE VALLEY CURB — —O" I PROEKN07W 0• N and SPIGOT OO 0•• O• 0 0• O� PET WASTE ' D,180'00'pp�• o STATION o I DRIVE ��. 25.00' LO 0 o BLOC 25.00' 50' RADIUS POINT DRIVE SET I.R.C. OLB 3591 SET I.R.C. 25.00' 25.00FOUND IRON PIPE O• LB 3591 NO I.D. 0• O O O I I rlamc"naN COI VALVES "tA BOLLAROS TRANSFORMER ON CONC PAD J I S.E. CONIC. CORNER ELEV-3.79 DRIVE O• 31.62' � i 33 00'35.38' N ,{) o o 8 m� LO "D`E BLOC z • � � o I rn i LOT m o 2 0 Tn DRIVE cn ISO o LAT OF U, ma Z c c v -Z Wv ANDS �� O vN om� m� rl m� En 8 D om � N I `� �� 0 v�22 c v�TJ LTI I m O• o "�� mzz v L �� OW , Cyr < pLLnc) c, r I AS I ALT ROADWAY �j o O U I � x 0• m oz -n o � z n 0 I Z I A Q TRANSFORMER ON CONIC PAD N.E. CONIC. CORNER EUEV-2.87 O 5A RADIUS POINT � O O 0 r�w m O rn 9,v ao 1 voD � c) z j E oo��n Sp{ULT ADWAY A NO DRIVE LO 8 BLOC at °I A �^ O WAUI I DRIVE 1 SET .R.C. SET I.R.C. V LB 91 LB 3591 I 25.00' I SET I.R.C. h,P6 O LB 3591 BL p. ROGATIONCON ROL O VALVE /�•,` ® WALK Oo0' / � p a=�Up•ooQO CONVAL�a" IRRIGAnON • O O N CONTROL OO VALVE O• PET WA57E p IRRIGAnON CONTROL wiW VANRACNFE DRIVE STAWDN LOPREVENTEU ft • —� -- I WATER METERS 7' CONCRETE VALLEY CURB 2' CONCRETE 2' VALLEY CURB W 25TH STREET ASPHALT —ROAOWAY—�— — — ---�—VARIED WIDTH PUBLIC R/W — — P.B. 40, PG. 8 - / 7' CONCRETE l DRIVE DRIVE DRIVE VALLEY CURB AMENDMENT NO. 1 TO AGREEMENT BETWEEN GENESIS AUTOMATION, INC. AND THE SUNSET ISLANDS PROPERTY OWNERS, INC. This Amendment No. 1 ("Amendment") to the Agreement ("Genesis Proposal"), by and between Genesis Automation, Inc., a Florida corporation, with its principal place of business at 2830 Marina Mile Boulevard, Suite 101, Fort Lauderdale, Florida 33312 ("Genesis") and Sunset Islands Property Owners, Inc., a Florida not -for -profit corporation, having its principal place of business at 2800 Biscayne Boulevard, Suite 310, Miami, Florida 33137 ("HOX), is entered into this day of 20 ("Effective Date"). RECITALS WHEREAS, on April 22, 2026, the Mayor and City Commission adopted Resolution Number 2026-34218, approving a Park Improvements Installation Agreement ("Installation Agreement") between the City of Miami Beach, Florida, a Florida municipal corporation (the "City"), and the HOA, permitting the HOA to install, at the HOA's sole cost, a GFI receptacle and related improvements (the "Improvements") at the City owned park located at 2600 Sunset Drive, Miami Beach, Florida (the "Park"); and WHEREAS, contemporaneously with the execution of the Installation Agreement, the HOA and Genesis will execute an Agreement containing the scope of work and cost associated with the installation of the Improvements at the Park, substantially in the form incorporated herein by reference and attached hereto as Exhibit "A" ("Genesis Proposal"); and WHEREAS, the HOA and Genesis wish to amend the Genisis Proposal to include insurance, indemnification and warranty provisions, being requested by the City in connection with the installation of the Improvements at the City -owned Park. NOW THEREFORE, in consideration of the mutual promises and conditions contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Genesis and the HOA hereby agree to amend the Genesis Proposal as follows: 1. ABOVE RECITALS. The above recitals are true and correct and are incorporated as part of this Amendment. 2. MODIFICATIONS. The Genesis Proposal is hereby amended (deleted items StFUGk thmwgI4 and inserted items underlined) as follows: (a) A new Section, entitled "Insurance" is added at the end of the Genesis Proposal to read as follows: Insurance: (A) Genesis shall maintain the below required insurance in effect while performing any work at the Park in connection with the installation of the Improvements pursuant to the Genesis Proposal: The maintenance of proper insurance coverage is a material element of the Genesis Proposal and failure to maintain or renew coverage may be treated as a material breach of the Genesis Proposal, which could result in withholding of payments or termination of the Genesis Proposal upon written notice to Genesis and Genesis failing to cure within five (5) business days from receipt of a request from the HOA. (i) Worker's Compensation Insurance for all employees of Genesis as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should Genesis be exempt from this Statute, Genesis and each employee hereby hold the City and HOA harmless from any injury incurred during performance of this Genesis Proposal. If Genesis is exempt, Genesis shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this Genesis Proposal or (ii) a copy of a Certificate of Exemption. Commercial General Liability Insurance on an occurrence basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence, $2,000,000 general aggregate. Automobile Liability Insurance covering any automobile, if Greens Guard has no owned automobiles, then coverage for hired and non -owned automobiles, with limit no less than $100,000 combined per accident for bodily injury and property damage. (B) Additional Insured - City of Miami Beach and the HOA must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed by Genesis including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to Genesis' insurance. (C) Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City of Miami Beach c/o EXIGIS Insurance Compliance Services and to the HOA at the HOA's address, reflected in the first paragraph of this Amendment. (D) Waiver of Subrogation — Genesis agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. (E) Acceptability of Insurers — Insurance must be placed with insurers with a current A.M. Best rating of -A:VII or higher. If not rated, exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. (F) Verification of Coverage — Genesis shall furnish to the City and the HOA with original certificates and amendatory endorsements or copies of the applicable insurance language, effecting coverage required by this Genesis Proposal. All certificates and endorsements are to be received and approved by the City and HOA before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Genesis' obligation to provide them. The City and/or HOA reserve the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. Kindly submit all certificates of insurance, endorsements, exemption letters to the HOA at the address reflected in the first paragraph of this Amendment and to the City at the following email address RiskManagement(aD-miamibeachfl.gov or via mail to: CERTIFICATE HOLDER MUST READ: City of Miami Beach c/o Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 (G) Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Compliance with the foregoing requirements shall not relieve Genesis of its liability and obligation under this section or under any other section of this Genesis Proposal. (b) A new Section, entitled "Indemnification" is added at the end of the Genesis Proposal, following the "Insurance" Section to read as follows: Indemnification: Genesis agrees to indemnify and hold harmless the City of Miami Beach and its commissioners, officers, employees, agents, and contractors and the HOA and its officers, employees, agents and contractor (collectively, the "Indemnified Parties") from and against any and all actions (whether at law or in equity), claims, liabilities, damages, losses and expenses, including, but not limited to, reasonable attorneys' fees, which may arise or be alleged to have arisen from the negligent acts, errors, omissions, or other wrongful conduct of Genesis, its officers, contractors, employees and agents, or any other persons or entities directly or indirectly employed or utilized by Genesis in the performance of its rights and/or obligations under this Genesis Proposal. Genesis agrees to pay all such claims and losses and shall defend all such suits, in the name of the Indemnified Parties, including but not limited to appellate proceedings, and shall pay all costs, judgments and reasonable attorneys' fees which may issue thereon. This indemnification agreement is separate and apart from, and in no way limited by, any insurance provided pursuant to this Genesis Proposal or otherwise. This Section shall not be construed to require Genesis to indemnify the Indemnified Parties against the consequences of their own gross negligence. This clause shall survive the expiration or termination of this Genesis Proposal. (c) A new Section entitled "Warranty" is hereby added to the end of the Genesis Proposal, following the "Indemnification" section: Warranty: Genesis agrees to perform all electrical work in accordance with all applicable laws. Genesis warrants all electrical work, installations, and wiring performed under this Genesis Proposal to be free from defects in workmanship under normal use for a period of one (1) year. Genesis agrees to repair or replace any defective workmanship at no additional cost to the HOA or the City of Miami Beach, upon the request of the HOA or the City of Miami Beach. 3. RATIFICATION. Except as amended herein, all other terms and conditions of the Genesis Proposal shall remain unchanged and in full force and effect. In the event there is a conflict between the provisions of this Amendment and the Genesis Proposal, the provisions of this Amendment shall govern. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK. IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their appropriate officials, as of the date first entered above. FOR GENESIS: WITNESS: By: "fx. I.LIq(Z Print Name and Title Date FOR HOA: Print Name Title 6 Tol Date I GENESIS AUTOMATION, INC., A FLORIDA CORPORATION ��1 i ✓Ice- ncs fJc� Print Name and SUNSET ISLANDS PROPERTY OWNERS, INC F: ATTO/TORG \GISELA\FORMS\AMENDMENTS\AMENDMENTTEMPLATE Exhibit "A" Genesis Proposal GENESIS Genesis Automation 2830 W State Road 84 STE 101 Fort Lauderdale, FL 33312, US 954-316-2450 Prepared By: Valerie Law 9548685110 valerie@genesisautomationinc.com Quote. 1828 / Date: 4/23/2026 Sunset Island Playground Rudy Egullior 305-219-9782 Rudy.Egu ilior@@glsignaturehomes.com> Electrical Service Scope of Work This proposal represents conversations regarding your requirements for the Park at Sunset Island 2. Electrical Material Meter Can 1 ea $133.65 GE Nema 3R 125 A 12/24 Plan with Main Breaker 1 ea $253.13 Stainless Steel Unistrut 30 ft $125.55 20A GFI Receptacle - Weatherproof Assembly, Residential- 4 ea $296.03 Grade GE 1 pole 20A GFCI Breacker 4 ea $432.00 1 1/4" Schedule 40 PVC 30 ft $103.28 #6 thhn 10 ft S12.69 #1 Thhn 140 ft $560.00 $1.916.32 Installation Labor Installer labor 16 ea $1.919.96 Quote: 1828 / Date: 4/23/2026 GENESIS $1,919.96 Excluded (-) 1. Permits to be billed separately at face value plus runner tees Notes Summary Subtotal S3.836.28 Taxes $255.80 $4,092.08 OI1SA �.J,S�,t,Ji• �'lLAML F Notary Public state of Florida Hilary Little My CommUalon HH 536274 1 W& Expires U612028 iLsAIP szt-, C� yG�c� t" 5_"j C r Ty in, ►� Docusign Envelope ID: 2231 FED9-996E-81 EB-8386-D4519F4FEOA9 MIAMIBEACH Park Improvements Installation Agreement Sunset Island Property Owners, Inc. I Parks, Facilities, Fleet and Beaches by: I John Rebar I Mark Taxis �yu�euNtxe�abu Type 1- Contract, amendment, change order, or task order resulting from a procurement -issued competitive solicitation. Type 2 - Any other contract, amendment, change order, or task order that does not result from a procurement -issued competitive solicitation. Type 3 - Independent Contractor Agreement (ICA) Type 6 - Tenant Agreement Type 4 - Grant agreements with the City as the recipient Type 7 - Inter -governmental agency agreement Type 5 - Grant agreements with the City as the grantor X Type 8 - Other: Agreement between the City of Miami Beach and the Sunset Islands Property Owners, Inc. to accept the donation of a synthetic turfgrass lawn area, including installation services. To be installed at the park located on Sunset Island 2. NA I NA I NA Grant Funded: Yes No State Federal Other: 1 NA NA Yes No 2 Yes No 3 Yes No 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed. 3. Budget approval indicates approval for the current fiscal year only. Future years are subject to City Commission approval of the annual adopted operating budget. City Commission Approved: X I Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2026-34218 C7 J April 22, 2026 If no, explain why CC approval is not required: Legal Form Approved: I x I Yes No If no, explain below why form approval is not necessary: Procurement: NA Grants: NA Kristy Bada Budget Analyst: NA Information Technology: NA Budget Director: Tameka Otto Stewart Risk Management: NA f Fleet & Facilities: NA Marc Chevalier Insurance Type: Human Resources: NA Other: Rev. 3/25 Docusign Envelope ID: 2231FE09-996E-81EB-8386-D4519F4FEOA9 WnsjMMNg0jftComp1 1. Every field must be completed. If the requested information is not applicable, enter N/A. 2. Prior to routing a document, it is advisable to confirm the authority to sign, funding/account information, risk management compliance, and controlled purchases (IT or Fleet/Facilities) with the appropriate department. 3. Attach all supporting documentation (e.g., resolutions, commission memorandums, etc.) when routing. 4. When creating the workflow in DocuSign, in addition to the department head and applicable assistant/deputy city manager, make sure the individuals (or designees) indicated in the Required Compliance Approvals section below are included in the approval path. Note that compliance approvers must approve prior to the ACM. 5. The City Manager does not need to sign the cover sheet. 6. If you have any questions, contact the Procurement Department. When routing documents for approval by the city manager, in addition to the department head and applicable city manager, make sure the following individuals (or designees) are included in the approval path, depending on each contract type. Type 1— Contract, amendment, or task order for the purchase of goods or services resulting from a competitive solicitation. • Chief Procurement Officer Office of Management & Budget Director, plus "department assigned" Budget Analyst (Except for non -monetary contracts, amendments, and consent of assignments; remove OMB) Grants Management Division Director — if the purchase is grant -funded. Controlled purchases — o Facilities and Fleet Director— if the purchase involves a "facilities' or "vehicle" item. o Information Technology Director— if the purchase involves a technology item. Type 2 — Other contracts or amendments for the purchase of goods or services not resulting from a procurement -issued competitive solicitation. • Chief Procurement Officer (Except for Bid Waivers; remove Procurement Signature) • Office of Management & Budget Director, plus "department assigned" Budget Analyst (Except for non -monetary contracts, amendments, and consent of assignments, remove OMB) • Human Resources Senior Risk Officer • Grants Management Division Director— if the purchase is grant -funded. • Controlled purchases — o Facilities and Fleet Director — if the purchase involves a "facilities" or "vehicle" item. o Information Technology Director— if the purchase involves a technology item. Type 3 — Independent Contractor Agreements • Human Resources Director • Office of Management & Budget Director, plus "department assigned" Budget Analyst • Note: ICAs must include a resume of the individual selected. Type 4 — Grant agreements when the City is the recipient. • Grants Management Division Director Type 5 — Grant agreements when the City is the grantor. • As appropriate, depending on the grant type. Type 6 — Tenant agreements • Facilities and Fleet Director Type 7 — Inter -governmental agency agreement • Chief Financial Officer Type 8 — Other (e.g., scholarships, utilities, educational initiatives, etc.) • Office of Management & Budget Director, plus "department assigned" Budget Analyst For any other type, contact the Procurement Department for assistance. Rev. 3/25