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1st Amendment 06/19/2013AMY REAVIIIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER MONROE COUNTY, FLORIDA DATE: June 26, 2013 TO: Judy Clarke, PE Director of Engineering ATTN. Tina Losacco FROM: Pamela G. Hanc c , . C. At the June 19, 2013, Board of County Commissioners meeting, the Board granted approval and authorized execution of the following: Item C32 Rider for existing contract between Monroe County and ADT Security Services, Inc. to assign contract to the company known as Tyco Integrated Security, LLC which has merged with ADT Security Services, Inc. Enclosed is a copy for your handling. ✓ C33 Amendment 1 to the Agreement between Tyco Integrated Security LLC to extend the substantial completion date. _ Enclosed is a duplicate original for your handling. Item C34 Agreement for Traffic Signal Maintenance Agreement with Keys Energy Services, Inc (KEYS) to provide certain repair and replacement services for traffic signal lighting. This agreement will replace and supersede the prior written agreement dated December 2000 and all amendments pertaining to stated agreement. The maintenance portion of the contract is paid with FDOT funds. Enclosed is a duplicate original for you handling. Item C35 Board granted approval of Fourth Amendment of the Contract for Temporary Pigeon Key Ferry Service, extending the termination date to June 30, 2014. Enclosed is a duplicate original for your handling. Should you have any questions, please do not hesitate to contact our office. cc: County Attorney Finance File ✓ 500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305 - 295 -3130 Fax: 305 -295 -3663 3117 Overseas Highway, Marathon, FL 33050 Phone: 305 -289 -6027 Fax: 305 -289 -6025 88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305 - 852 -7146 AMENDMENT 1 TO THE AGREEMENT BETWEEN MONROE COUNTY BOCC AND TYCO INTEGRATED SECURITY LLC FOR DUCK KEY SECURITY PROJECT THIS AMENDMENT 1 to the AGREEMENT is entered into this 114 day of 2013 between Monroe County, whose address is 1100 Simonton Street, Room 2 -216 Key West, Flo ' 33040, hereafter the "COUNTY" and Tyco Integrated Security LLC, hereafter "TYCO" a Corporation of the State of Florida, whose address is 1501 Yamato Road, Boca Raton, FL. 33431. WHEREAS, on the 21 day of March, 2012 an agreement with ADT Security Services, Inc. was executed authorizing the Consultant to provide all equipment, supplies and necessary labor to install a video surveillance (video) and /or access control ( "Access ") systems or equipment and low voltage cable, hereinafter referred to individually or collectively as the "equipment" for the Duck Key Security Project to be substantially completed within 90 days of the commencement date specified in the Notice to Proceed; and WHEREAS, due to scheduling complication between utilities, agencies and third -party contractors the Consultant was unable to complete all the requirements of the agreement by the substantial date; and WHEREAS, the COUNTY finds the extension of job duration and completion date for this project reasonable: NOW THEREFORE, in consideration of the mutual promises contained herein, the COUNTY and TYCO agree to amend the Agreement to state the following: 1. The sentence in paragraph 2 that reads: The Contractor shall achieve Substantial Completion of the Installation not later than 90 days after the date of commencement. a. Shall be amended to read: The Contractor shall achieve Substantial Completion of the Installation not later than June 30, 2013. 2. Paragraph 38 is amended to include: Notice Requirements: Any notice required under this agreement shall be in writing and hand delivered or mailed postage prepaid, to the other party by certified mail, return receipt requested, to the following: TYCO Integrated Security, LLC Monroe County Engineering Services 10785 Marks Way Miramar, FL. 33025 -3976 1100 Simonton St. # 2 -216 Key West, FL. 33040 3. FORCE and EFFECT. In all other respects the Agreement dated March 21, 2012 approved at the Monroe County BOCC meeting on March 21, 2012 remains in full force and effect [remainder of page Intentionally left blank; signature page to follow] Page 1 of Z Tyco Amend Extend Contract DRAFT 06 -2013 In WITNESS WHEREOF each parry hereto has caused this contract to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS OF MO; a4yor/ OUNTY, FLORI BY: �. Ch rman (SEAL) Attest Amy Heavilin, CLERK B 11C Deputy Clerk MONROE COUNTY ATTORNEY APPROVED AS TO FORM: - CHRIST . INE M. LIMBERT- BARROWS ASSISTANT COU TY ATTORNEY Date TYCO INTEGRATED SECURITY LLC BY: >'�f G ,tf ed Representative TITLE: �v�,v7"s Witness: `1 Print Nam Witness: Print Name: I AA e '47.� [remainder of page intentionally left blank] � c � rri c- L M .. CD C I -- w CD Page 2 of 2 Tyco Amend Extend Contract DRAFT 06 -2013 rri .. CD w CD Page 2 of 2 Tyco Amend Extend Contract DRAFT 06 -2013 Tyco Integrated Security LLC (formerly known as ADT Security Services, Inc.) Appendix to IRS Form W -9 This appendix to the attached IRS Form W -9 provides an explanation for the use and reporting of the name and Federal Employer Identification Number (FEIN) for Tyco Integrated Security LLC ( "TycolS "). During 2012, a series of transactions were executed by Tyco International, Ltd., the ultimate, indirect parent company of TycolS, in order to separate into three, independent publicly traded companies. Among the transactions completed, ADT Security Services, Inc. was converted to a limited liability company under Delaware law and then changed its name to Tyco Integrated Security LLC, effective June 30, 2012. As a result of this transaction, TycolS remains the same legal entity as ADT Security Services, Inc. ( "ADT ") and, accordingly, retains the same FEIN as assigned by the Internal Revenue Service to ADT; specifically, 58- 1814102. However, because TycolS is now classified as a single member limited liability .company, the IRS will treat it for federal income tax purposes as a disregarded entity. Disregarded entities do not file their own separate income tax returns but are included with federal income tax filings by the first single member parent corporation, which in the case of TycolS is Tyco Fire & Security (US) Management, Inc. Tyco Fire & Security (US) Management, Inc. has been assigned the FEIN of 80- 0706067 by the IRS. Since IRS Form W -9 requires the name and FEIN of the company as will be shown on our federal income tax return, the name of Tyco Fire & Security (US) Management, Inc. appears on the first line of the W -9, and the name of TycolS appears on the second line. (As the IRS General Instructions on Form W -9 make clear, the name on Line 1 "should never be a disregarded entity. ") Because TycolS continues to be a valid legal entity conducting business in its own name with all the rights, privileges and powers of the former company (i.e., ADT Security Services, Inc.), the name and FEIN on line two is applicable for all purposes for which you may intend to use this Form W -9. Specifically, FEIN 58- 1814102 remains an accurate 'identifier' reference for Tyco Integrated Security LLC. Further, while our research reveals it is not necessary, for IRS reporting purposes, for you to issue a Form 1099 for payments made to TycolS in the ordinary course of business, you may issue and file 1099s in the name of Tyco Integrated Security LLC, under FEIN 58- 1814102, if your internal policies and procedures so require. Please feel free to contact us if you have any questions. Form W -9 Request for Taxpayer ( Give Form to (Rev. December 2011) Identification Number and Certification the requester. Department of the Treasury Do not send to Internal Revenue Service the IRS. Name (as shown on your income tax return) Tyco Fire & Security (US) Management, Inc Business name /disregarded entity name, lf differentfrom above Tyco Integrated Security LLC FEIN 58- 1814102 (a disregarded entity for federal income tax 1. Tyco Integrated Security LLC is treated as the same entity for state law purposes (Del. Revised Code Title 8, Chapter 1, Section 266(h)) and continues to be a valid legal entity with all the rights, privileges and powers of the former corporation (i.e. ability to conduct business in its own name). Z The Appendix to IRS Form W -9 is for general information purposes and is not intended to provide tax advice. Please consult your company's tax professionals. • A a CERTIFICATE OF LIABILITY INSURANCE DATE (P DONWYI 6/12/2013 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 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 Bhavua Chauhan NAME. Marsh USA Inc. (NC Ha BM Marsh 345-8735 yC RCT (212) 998-8852 1166 Avenue of the Americas LAIC.MA L New Volk,NY 10036 ADDRESS Please see bottom of 2nd page _ _ INSURER(S)AFFORDING COVERAGE NAIC•. INSURER A: Commerce 8 Industry Ins Co. _19410 INSURED INSURER B: Illinois National Insurance Co. 23817 Tyco Integrated Security LLC. INSURER C: Nat'l Union Fire Ins Co.of Pittsburgh,PA .19445 1501 Vamaro Se INSURER 0: New Hampshire Ins.Co. '23841 ad Boca Raton,FL 33431 I United States I COVERAGES CERTIFICATE NUMBER: 8-A REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTEDD BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINGANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO WHICH THIS CERTIFICATE MAYAYBBE ISSUEDDOR 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. NM ADDLISUMI --- - POLICY EFF -POLICY EXP LW TYPE OF INSURANCE INSR I YAM POLICY NUIMER (I.MODNYYYI IMMODNYYYI LIMITS D GENERAL LABILITY X GL 7146417(Primary GL) 9/2/32012 10/1/2013 EACH OCCURRENCE $10Cg00040 DAMAG€TdAFRTE6- X COMMERCIAL GENERAL LABILITY _PREMISES(Ea occurrent ) $1,00000000 CLAIMS-MADE X OCCUR MED EXP(An/one person) $1000300 OWNER'BdeOXTMCTORB PROT PER50 La WINJVRY $1,000,00000 I I I GENERAL AGGREGATE $2,000.000.00 GENtGE AGGREGATE LIMIT APPLIES PER. I PRODUCTS•C 0 COMP/OP $2,000,0000 A I POLICY 7 I LOC -- c _ AUTwnans LIABILITY CA 3447245 (All Other Slates) 9/282012 10/1/2013 (Ea aCce er,n LIMIT $ $1,000,000.00 C X ANY AUTO CA 3447251(MA) 9282012 10/1/2013 BODILY INJURY(Per person) $ C ALL OWNED 1 SCHEDULED . CA 3447254 (VA) 9/282012 10/12013 -. D AUTOS -_AUTOS ED Ter CA 3447252M(NH)(PBry AL) 908)2012 101/2013 BODILY INJURY(Per accident) $ KMIREO AUTOS X PROPERTY DAMAGE--- 1AU er YW WW9 $ -.. NEW HAMPSHIRE(CSL) $ 3250.000.1X UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE PRODUCTS- S 1I DED I I RETENTIONS NEW HAMPSHIRE(CSL) $ WORKERS COMPENSATION I WC 043464663(FL) y2&2o12 10/1/2013: % WC STATU- OTH. AND EMPLOYERS LIABILITY YIN WC 043464672(MI) TORYIIMIT4 _EH. A B ANY PROPRIETOR/PARTNERIEXECUTIVE WC 043464662(CA) 9I282012 10/1/2013 EL EACH ACCIDENT $ $2.000,000.00 C I OFFICERMEMBER EXCLUDED' N NIA 19/28/2012 I10/12013 - p (MentlMery In NH) WC 043464661(All Olher States) 9/28/2012 '11ry12013 EL DISEASE-EAEMPLOYEES $2000,000.00 p yee Ceunpe upper WC 043484873(MN) 9/28/2012 I1N12013 I DESCRIPTION OF OPERATIONS belowEL.DISEASE-POLICY LIMIT S $2,000.000.00 • • DESCRIPTION OF OPERATIONS/L ATIONSIVEHICLFS(Attach ACORO 101,AdTNns Remna Schedule,If more I/paters required) Job Number: 03 Customer Number: 03661 Town Number: 122 Please refer to attached ACORD 101 for further relrarks_ \YI IV CERTIFICATE HOLDER CANCELLATION Monroe County BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1100 Simonton St THE EXPRATION DATE THEREOF, NOTICE WILL BE DELIVERED M Room#2-216 ACCORDANCE WITH THE POLICY PROVISIONS. Key West,FL 33040 United States AUTHORIZE)REPRESENTATIVE ..,44 1.00 aedea1 MARSH JSP BC.LrY I el'''A cMm cw, 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER LOC t Acciit o' ADDITIONAL REMARKS SCHEDULE Page 2 of S. AGENCY NAMEOINSURED Marsh USA Inc Tyco Integrated Security LLC. POLICY NUMBER 1501 Yamato Road Boca Raton,FL 33431 Linked States CARRIER NAC EFFECT1E DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE REGARDING POLICIES OF INSURANCE: Insurer Policy Number(e) Effective Date(s) Expiration Date(s) D WC 0434646/4 (MA, ND, OH, WA, Ni, WY) 9/28/2012 10/1/2013 D WC 0434646/5 (CP,GA,PA,SC) 9/28/2012 10/1/2013 REGARDING NOTICE OF CANCELLATION TO CERTIFICATE HOLDERS: This endorsement modifies the notice of cancellation of insurance provided hereunder: Should any of the above described policies be cancelled, other than for non-payment of premium, before the expiration date thereof, 30 days advice of cancellation will be delivered to certificate holders in accordance with the policy endorsements. All other terms and conditions of this policy remain unchanged. REGARDING ADDITIONAL INSURED STATUS: in accordance with the policy provisions, Monroe County BOCC is included ncluded asu additional insured under this policy, as a result of any contract or agreement entered into by the named insured and Monroe County BOCC. Other Additional Insureds: Monroe County BOCC FOR QUESTIONS REGARDING THIS CERTIFICATE OF INSURANCE CONTACT: GILBERT BURGESS (Email: gburgesaratyco.com Phone: 954-266-5134) TINS CERTIFICATE OF INSURANCE WAS GENERATED AND DELIVERED BY EXIGIS RNkWwb&mLCerbl ffis® Bushes NORMS Automation ter Went Mamymsnl.Insurance,and Trade Finance To Yam what EXIGIS an de br your busmen vsil exge.mmor call 800.928 1963 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORO name and logo are registered marks of ACORD