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2nd Renewal Amendment 12/14/2016
KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 11, 2017 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanco �, O eputy Clerk SUBJECT: December 14th BOCC Meeting Attached is a duplicate original of Item C1 Second Renewal Amendment Agreement with Black Fire Protection, Inc. for "Full Maintenance - Fire Protection Systems ". Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finanf e • File ✓ • Full Maintenance Program - Fire Protection Systems SECOND RENEWAL AMENDMENT AGREEMENT FULL MAINTENANCE PROGRAM — FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA H THIS hereinafter "Second Renewal Amendment" is made and entered into this rt� day of b('celPn le , 2016, between MONROE COUNTY (hereinafter "County" or "Owner "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040 and BLACK FIRE PROTECTION, INC. ( "CONTRACTOR "), a Florida corporation, whose address is 3461 NW 75 Terrace, Lauderhill, FL 33319. WHEREAS, the parties hereto did on December 11, 2013, enter into an agreement for inspection, testing, maintenance and repairs per NFPA 25 for fire protection system4 including associated piping and equipment, located in Monroe County (hereinafter "Original Agreement "); and WHEREAS, on November 17, 2015, the BOCC approved the First Renewal Amendment Agreement; and; WHEREAS, on January 20, 2016, the BOCC approved correction of a minor scrivener's error in a Second Amendment Agreement; and; WHEREAS, the parties have found the Original Agreement as Amended to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this second renewal amendment agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 4: REPAIRS of the Original Agreement; A. Repairs for normal working hours between 8:00 a.m. and 5:00 p.m. Monday through Friday, excluding holidays, shall be $101.51 per hour for technician and shall be $177.64 per hour for technician and helper. B. Emergency service calls after hours stated above, including holidays, shall be $152.26 per hour for technician and shall be $265.95 per hour for technician and helper. C. The cost of parts (excluding freight and sales tax) shall be the manufacturers cost plus 15 %. Freight, engineering, permits, equipment and sales tax will be reimbursed at the amount charged only. The manufacturer's invoice must accompany all requests for payment for any part, which exceeds $500.00, and may be requested at the discretion of the Director, Public Works Facilities Maintenance, or his designee, for any part, regardless of the cost. Freight invoices over $500.00 must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not, and may be requested at the discretion of the Director, Public Works Page 1 of 6 Full Maintenance Program - Fire Protection Systems Facilities Maintenance, or his designee, for any freight charge, regardless of the cost associated therewith. 2. In accordance with Paragraph 5: PAYMENTS TO CONTRACTOR of the Original Agreement; A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act. Invoices for scheduled testing will be paid on a quarterly schedule in arrears. Payment will be made after completion of scheduled testing and upon submission of a proper invoice by CONTRACTOR. Payment for repairs will be made after acceptable completion of the repairs and upon submission of a proper invoice by CONTRACTOR. C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR and approval by an appropriate COUNTY representative. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. D. The following buildings will require: One Annual Inspection and flow test of the Fire Pump and (3) Three Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Monroe County Detention Center 5501 College Road $1,421.08 cost /yr. Key West, FL 33040 Harvey Government Center 1200 Truman Avenue $1,218.06 cost /yr. Key West, FL 33040 Lester Building 530 Whitehead Street $1,421.08 cost /yr. Key West, FL 33040 Monroe County Courthouse 502 Whitehead Street $1,421.08 cost/yr. Annex /Old Jail (TESTING SCHEDULED Key West, FL 33040 AROUND COURT HEARINGS) Marathon Government Annex 490 63 Street, Ocean $1,218.06cost /yr. Marathon, FL 33050 Plantation Key, Jail 53 High Point Road $1,218.06 cost /yr. Tavernier, FL 33070 Marathon Jail 3981 Ocean Terrace $1,218.06 cost /yr. Marathon, FL 33050 The following buildings will require (1) One Annual Inspection and (3) Three Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: Page 2 of 6 Full Maintenance Program - Fire Protection Systems Monroe County Main Courthouse 500 Whitehead Street $1,015.06 cost /yr. Key West, FL 33040 Monroe County Sheriff 5525 College Road $ 812.04 cost /yr. Administration Bldg. Key West, FL 33040 Dept. of Juvenile Justice Building 5503 College Road $1,421.08 cost/yr. Key West, FL 33040 Bayshore Manor 5200 College Road $ 609.02 cost /yr. Key West, FL 33040 Freeman Justice Bldg. 302 Fleming Street $1,015.06 cost/yr. Key West, FL 33040 Murray Nelson Government Center 102050 Overseas Highway $1,015.06 cost /yr. Key Largo, FL 33037 Conch Key Fire Station 10 Conch Av. $ 812.04 cost/yr. Conch Key, FL 33050 Big Pine Fire Station 390 Key Deer Blvd. $ 812.04 cost /yr_ Big Pine Key, FL 33043 Stock Island Fire Station 6180 2 Av. $ 812.04 cost /yr. Stock Island, FL 33040 WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES, PRIMARILY THE COURTHOUSES, IT MAYBE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL BUSINESS HOURS The total quarterly service amount of contract shall be Four Thousand, Three Hundred Sixty Four Dollars and Seventy Three Cents ($4,364.73) for an annual amount of Seventeen Thousand, Four Hundred Fifty Eight Dollars and Ninety Two Cents ($17,458.92). Total Compensation to CONTRACTOR for additional services and repairs under this Agreement shall not exceed $250,000.00 unless pre- approved emergency work requiring additional funds is implemented. Contractor shall submit all invoices with the Application for Payment form attached. There shall be no additional charges to the Owner for travel, mileage, meals, or lodging. 3. In accordance with Paragraph 6: TERM OF AGREEMENT of the Original Agreement; a) The County exercises the second of the three (3) one -year renewal options to renew the Original Agreement. The contract term will commence December 11, 2016, and terminate on December 10, 2017. b) The contract amount is adjusted .7% in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI -U) for all Urban Page 3 of 6 Full Maintenance Program - Fire Protection Systems Consumers as reported by the U.S. Bureau of Labor Statistics and based upon the CPI -U computation at December 31 of the previous year. 4. In accordance with paragraph 9 of the Original Agreement (Public Access), it shall be revised as follows: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: a. Keep and maintain public records that would be required by the County to perform the service. b. Upon receipt from the County's custodian of records, provide the County 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 this chapter or as otherwise provided by law. c. 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 the contract if the contractor does not transfer the records to the County. d. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. Page 4 of 6 Full Maintenance Program - Fire Protection Systems All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. e. A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, tn CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT L cv _. PHQNE# 305 - 292 -3470, BRADLEY- BRIAN(a),MONROECOUNTY- FL.GOV, >- - MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 STREET, SUITE 408, C. K WEST, FL 33040. = ,5. TMi,Second Renewal Amendment will be retroactive to December 11, 2016, which is the 4 ' r ' or contract term commencement date. LT. :-:. et as set forth in paragraph 1, 2, 3 and 4 Second Ral Amendment '-� ent, in all other respects, the terms and of con ditions set forth in the Original . nt, as amended, remain in full force and effect. I" 14 I )".; M 4 daKC. BOARD OF COUNTY COMMISSIONERS . •, CLERK OF MO ROE COUNTY, FLOIDA QQUNar� / / O / �� j �� / � p / � /� B By: M Deputy Clerk Mayor Date: i /-11`1 116 Date: 12.11'1/ l 6 Page 5 of 6 MON OE COUNTY ATTORNEY'S OFFICE VEq AS Tp! FORtvI C-L PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: p--- 11- I b Full Maintenance Program - Fire Protection Systems CONTRACTOR: BLACK FIRE PROTECTION, INC. Witnesses for CONTRACTOR: / Signature person authorized to Si nature legally bind Corporation Date: //- .2 /- / f� V_ k y\c le, o itSt <<- 11-1 t-1t. ,Z,e// ‘ �2� Printed Name and Date Print Name and T'tle Address: ,mfr'/ 4 / c9 Signature /4.% , . /,/a// Printed Name and Date Page 6 of 6 A rc DD CERTIFICATE OF LIABILITY INSURANCE 1 TE (MM /DON 6 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 Jennifer Martin NAME: Frank H. Furman, Inc. PH No.Exte (954)943 -5050 FAX 1314 East Atlantic Blvd. E-MAIL enn @ furmaninsurance.com ADDRESS: y P. 0. Box 1927 INSURER(S) AFFORDING COVERAGE NAIC # Pompano Beach FL 33061 INSURER ARockhill Insurance Company 28053 INSURED INSURER B i4APFRE Ins Co FL 34932 • Black Fire Protection Inc INSURERCAssociated Industries Ins Co Inc 23140 3461 NW 75th Terrace INSURERD: INSURER E : Lauderhill FL 33319 INSURERF: COVERAGES CERTIFICATE NUMBER:2016 Master 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 T YPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM /DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ A CLAIMS -MADE X OCCUR DAMAGE TO RENTED 100,000 PREMISES (Ea occurrence) $ X RFSCAK00070500 11/12/2016 11/12/2017 MED EXP (Any one person) $ 5,000 PERSONAL &ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY X JECT LOC PRODUCTS - COMP /OP AGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 ' (Ea accident) B ANY AUTO BODILY INJURY (Per person) $ ALLOWNED X SCHEDULED AUTOS AUTOS X 4150150011387 4/1/2016 4/1/2017 BODILYINJURY(Peraccident) $ X HIRED AUTOS X NON .OWNED PROPERTY DAMAGE $ AUTOS (Per accident) FLORIDA BASIC PIP $ 10, 000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH AND EMPLOYERS' LIABILITY Y / N STATUTE ER ANY PROPRIETOR /PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER /MEMBER EXCLUDED? N N / A C (Mandatory In NH) AWC1071539 11/12/2016 11/12/2017 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Monroe County Board of County Commissioners are listed as additional insured with respect to General Liability coverage only arising out of operations performed for them, by or on behalf of contractor, but only to the extent of damages caused by the contractor's negligence except worker's compensation and employer's liability, as per written contract. Monroe County Board of County Commissioners are listed as additional insured with respect to Automobile Liability coverage, as per written c. act. P'r'k< 1 , , D Y ' GEME T ry. G CERTIFICATE HOLDER CANCELLATION UV I • ' "'r - ^ t _ Lewinski- Monique @monroecou -�GV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CAN L LED B Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS Gato Building Room 2 -231 1100 Simonton Street AUTHORIZED REPRESENTATWE Key West, FL 33040 Dirk DeJong/JA , {4 9 . , -- - e , . DIG — © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (Omani)