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2nd Amendment 10/18/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: October 30, 2017 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hancock, D.C. SUBJECT: October 18th BOCC Meeting Attached is a duplicate original of 134, Second Renewal Agreement with Master Mechanical Services, Inc. for A/C maintenance and repair services for the Upper Keys facilities, increasing hourly rates, and amending the public records language, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: Facilities vla email County Attorney vra email Finance vla email File SECOND AMENDMENT SECOND RENEWAL AGREEMENT CENTRAL A/C REPAIR SERVICES FOR UPPER KEYS FACILITIES, MONROE COUNTY, FLORIDA THIS SE AMENDME SECOND RENEWAL AGREEMENT is made and entered into this h day of Scpterift-r, 201.7, 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 MASTER MECHANICAI. SERVICES, INC., ( "CONTRACTOR "), a Florida corporation, whose address is 15181 NW 33 Place, Miami, Florida 33054. WHEREAS, the parties hereto did on November 17, 2015, enter into an agreement for central A/C repair services for the Upper Keys Facilities, Monroe County (hereinafter "Original Agreement "); and WHEREAS, on October 19, 2016, the BOCC approved the First Amendment First Renewal 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 Amendment Second Renewal 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 of the Original Agreement, the County: a. Exercises the option to renew the Original Agreement for the second of the two (2) one -year terms. This term will commence on December 01, 2017, and terminate November 30, 2018; and b. The amount shall be adjusted in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI -U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 2.1 %. 2. In accordance with Paragraph 2 of the Original Agreement, the County: a. Item 2E under Contract Amount, hourly rate for a mechanic shall increase from $51.98 to $53.07 during normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays; hourly rate for a mechanic plus helper shall increase from $96.15 to $98.17. b. Item 2E under Contract Amount, the overtime labor rate shall increase from $77.97 to $79.61 for hours not stated above, including holidays and facilities that -t - J conduct critical business; hourly rates for a mechanic plus helper shall increase from $144.24 to $147.27. 3. In accordance with Paragraph 7 of the Original Agreement, PUBLIC ACCESS shall read as follows: 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 Fla. Stat. Section 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. -2- (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- BRIAN@MONROECOUNTY FL.GOV MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 4. Except as set forth in paragraph 1 and 2 of this Second Amendment Second Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement as Amended remain in full force and effect. % WITNESS WHEREOF, the parties hereto have set their hands and seals the day and bove written. BOARD OF COUNTY COMMISSIONERS ,may : MVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA ESM By } e� C�eputy Clerk Mayor /Chair person �— ujc: M07 0E COUNTY ATTORNEY'S OFFICE Q ?) Ap,PRpVE�AST FO PCB PATRICIA EABLES g ^� ASSISTANT COUNTY ATTORNEY -3- DATE. Witnesses for CONTRACTOR: Signature P int Name Date 11 pri Ag:) ig ature I �Z 17 Prin Name Date CONTRACTOR: MASTER MECHANICAL SERVICES, INC By Print Name � �b in d n t, Print Title - ' i;� 5 Address: f tAJ 1 • rr� i arni, 3 5 Telephone Number: ;3 ©,S- _ 8' 15 — 3 w4 -4-