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4th Amendment 11/22/2016KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 12, 2017 TO: Cheryl Sullivan, Senior Specialist Solid Waste Department FROM: Pamela G. HancoWXeputy Clerk SUBJECT: November BOCC Meeting Attached is a duplicate original of Item F29 4' Amendment with Government Services Group to extend the contract for solid waste special assessment support services for an additional 5 years. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File✓ FOURTH AMENDMENT TO AGREEMENT (Consulting Services for Monroe County Solid Waste Assessment Support) This Amendment to Agreement is made and entered into thisc day of November, 2016 between MONROE COUNTY, a political subdivision of the State of Florida, hereafter "COUNTY," and GOVERNMENT SERVICES GROUP, INC., a corporation of the State of Florida, hereafter "CONSULTANT" in order to amend the agreement between the parties dated September 20, 2006, as amended on November 19, 2008, June 17, 2009 and March 21, 2012, as follows: 1. Section 7.1 of Article VII COMPENSATION, is hereby amended to read as follows: 7.1 CONTRACT SUM The COUNTY shall pay to the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement the sum of $30,000 per fiscal year for worked performed in Fiscal Years 2016 -17, 2017 -18, 2018 -19, 2019 -20 and 2020 -21 to fund solid waste services for Fiscal Years 2017 -18, 2018 -19, 2019- 20, 2020 -21 and 2021 -22, to be paid in quarterly payments of $7,500, in accordance with Section 7.2." 2. Section 7.2 of Article VII COMPENSATION is hereby amended to read as follows: 7.2 PAYMENTS $7,500.00 January 2017 $7,500.00 March 2017 $7,500.00 April 2017 $7,500.00 September 2017 $7,500.00 January 2018 $7,500.00 March 2018 $7,500.00 April 2018 $7,500.00 September 2018 $7,500.00 January 2019 $7,500.00 March 2019 $7,500.00 April 2019 $7,500.00 September 2019 $7,500.00 January 2020 $7,500.00 March 2020 $7,500.00 April 2020 $7,500.00 September 2020 $7,500.00 January 2021 $7,500.00 March 2021 $7,500.00 April 2021 $7,500.00 September 2021 " 3. Section 9.21 of Article IX MISCELLANEOUS is hereby amended to read 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: (1) Keep and maintain public records that would be required by the County to perform the service. (2) 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. (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 the contract if the contractor does not transfer the records to the County. (4) 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. 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. (5) 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, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY - BRIAWMONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 4. The fees and costs section of Appendix B is hereby amended to read as follows: FEES AND COSTS For the services provided by the CONSULTANT, the lump sum fee for professional services for the proposed scope of services is $30,000 per fiscal year for work performed in Fiscal Years 2016 -17, 2017 -18, 2018 -19, 2019 -20 and 2020 -21 to fund solid waste services for Fiscal Years 2017 -18, 2018 -19, 2019 -20, 2020 -21 and 2021 -22. The lump sum fees are due and payable on a quarterly basis, as follows: Payment Schedule 25% of lump sum fee January 2017, 2018, 2019, 2020 and 2021 25% of lump sum fee March 2017, 2018, 2019, 2020 and 2021 25% of lump sum fee June 2017, 2018, 2019, 2020 and 2021 25% of lump sum fee September 2017, 2018, 2019, 2020 and 2021 In addition to the lump sum fee provided herein, the COUNTY hereby authorizes and agrees to pay the CONSULTANT a fee of $1.35 per parcel, depending on the number of accessible parcels of property with the County, due and payable at the time of the adoption of the preliminary assessment resolution, for producing and mailing the statutorily required first class notices for residential rate increases; however, the total fee for this services shall not exceed $50,000 per year. The lump sum fee for professional services does not include any on -site visits by representatives of CONSULTANT. On -site meetings (together with any actual costs associated therewith) may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled telephone conferences in lieu of on -site visits." 5. In all other respects, the original agreement between the parties dated September 20, 2006, as amended on November 19, 2008, June 17, 2009 and March 21, 2012, remains in full force and effect. NHEREOF, the parties have hereunto set their hands and seal, ?ar first written above. BOARD OF COUNTY COMMISSIONERS E COUNTY CLERK OF MONROE COUNTY, FLORIDA 4 itness By. Chairman GOVERNMENT SERVICES GROUP, INC. Title: Senior Vice President cr_ MONROE. COUNTY ATTORNEY c r% a� PPR VEDAS TO FORM: �. CHRISTINE M. LIMBERT- BARROWS ASSISTANT ATTORNEY COUNTY Date -- r - C. GOVERN OP ID: JZ CERTIFICATE OF LIABILITY INSURANCE 0111" TMs 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 11w cerdNcMe holder is an ADDITIONAL 1NSUREQ the poiky(ies) must be endorsed. If SUBROGATION IS WAIVED, sub)ed to the tams and ONWHIons of the policy, certain polkdes may re"Im an endorsement A statement on this cerNNcate does not confer dots to the certificate holder in Ileu of such endorsemen s . I NAaIe John R. Nvlen. Jr. Kathy Undsay 1500 Mahan Or., #M Tallahassee, FL 32308 Phoenix Insurance Went COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: I17ES IS TO UCHITWIT TFIAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD WWATED. 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, UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. . Ta TYPE OF INSISIANCE I POLICY NUNaHt LIMITS B X NMMlRCUL 0lNBrAL LIABILITY EACH OCCURRBICE I s 2,000,G CLAIMSMADE Q OCCUR X M7621HB02 11/0112018 11MIM7 PREMISES Es 15 300,0 MED E XP JAW am pMw) Is 5,0 PERSONAL 6 ADV INJURY IS 2,000,0 GE1L AGGREGATE LIMIT APPLIES PER. POLICY 0 � ❑ Lac GENERAL AGGREGATE I s 4,000, ROTHM PRODUCTS • COMPIOP AGO I s 4,000; — I I Emp Ben. Is 2,000, AUMMOINLELABUff COMBIN SI I S awNn 1,000,0 C X my µITO X 189800 OSM11 2018 0910112017 BODILY mmy (Par pmw) Is ALL OWNED SCHEDULED AUTOS AUTOSoWNEn BODILY INJURY (Par awmem 1 S NON MRED AUTOS AUTOS i S 1 s X UMBRlI I A LIAR 1X1 OCCUR OCCU RRENCE I' 10,000,6 E Ex�LVS CLAIMS-MAOE 11101/2018 11/01/2017 AGGR AGGREGATE s 10,000, I CUP2431Y914 DE1 I X I RETOMONS 5r000 S AND IIMPLOYSIW LIAINUTY A ANYPII OPRIETOR ,PARTNERRItECUTTIE YIN RM28042302 03/1712010 03/17/2017 �S OFFICERAAEMEIEREXCLDED7 NIA U EL. EACH ACCIDENT 1,000,0 y'% I " , , D I OPFAATXNlS bebw E.L. OMEASE • EA EMPLOYES S 1,000,0 B Crime EL. DISEASE . POLICY UMIT i S 1,000,0 7521H802 ILHRYM26 1110112018 11/01/2017 Crime 50,0 0 ROF 0811212018 M1212M7 PROF 5,000,0 DESCRIPTION OF OPMATIONS I LOCATIONS! VSIICLES (ACORD III. Addle" Rammbe SCWUS , may be SVA&Ad IT Mm epeo N requMOedl w CERTIFICATE HOLDER CANCELLATION MOCOKE2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE NTH THE POLICY PROVISIONS. Solid Waste Management 1100 Simonton Street, RM 2-231 A11TH0 RSITATIVE Key West, FL 33040 01988 2014 ACORD CORPORATION. AN rights reserved. ACORD 25 (2014101) The ACORD name and 1090 are registered marts of ACORD