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Item T05 T.5 County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 The Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting March 17, 2021 Agenda Item Number: T.5 Agenda Item Summary #7879 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of a Second Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance & Service, for an annual CPI-U adjustment of 1.4% for the year ending 2020. Funding is Ad Valorem. ITEM BACKGROUND: On March 21, 2019, the BOCC approved a Bid Award Agreement with Master Mechanical for the Upper Keys HVAC Maintenance and Service. There was an initial three (3)year term beginning April 1, 2019, which terminates on March 31, 2022. The County shall have an option to renew for an additional two (2) one-year periods. On July 15, 2020, the BOCC approved a First Amendment to increase the annual agreement amount by $30,000.00, from $50,000.00 to $80,000.00, and amend the Maintenance of Records provision in paragraph 8 of the original Agreement to update the provision and/or correct errors pursuant to County ordinances. This Second Amendment seeks approval of an annual CPI-U increase of 1.4% as of December 31, 2020. Based on this annual adjustment, this Second Amendment provides for Master Mechanical's regular hourly rates during normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays, to increase for a mechanic from $72.00 to $73.01, and a mechanic plus helper will increase from $127.00 to $128.78. The overtime hourly rates for hours not stated above, including holidays, will increase for a mechanic from $98.00 to $99.37, and the hourly rate for a mechanic plus helper shall increase from $165.00 to $167.31. The annual adjustment shall be effective on April 1, 2021. The Parts cost plus of twenty percent(20%) will remain the same. There was not an annual CPI-U increase in 2020 due to COVID-19. PREVIOUS RELEVANT BOCC ACTION: July 15, 2020 The BOCC approved a First Amendment Agreement with Master Mechanical for the Upper Keys HVAC Maintenance and Service, to increase the annual agreement amount by $30,000.00, from $50,000.00 to $80,000.00, and amend the Maintenance of Records provision in paragraph 8 of the original Agreement to update the provision and/or correct errors pursuant to County ordinances. Packet Pg. 3314 T.5 March 21, 2019 The BOCC approved a Bid Award Agreement with Master Mechanical for the Upper Keys HVAC Maintenance and Service, with an initial three (3) year term with an option to renew for an additional two (2) one-year periods. CONTRACT/AGREEMENT CHANGES: Second Amendment Agreement for an annual CPI-U increase of 1.4% STAFF RECOMMENDATION: Approval. DOCUMENTATION: Second Amendment- Master Mechanical 3-17-21 (vendor executed legal stamped) 1st Amendment 07/15/2020 Upper Keys HVAC Award AGREEMENT_Master Mechanical FINANCIAL IMPACT: Effective Date: 04/01/2021 Expiration Date: 03/31/22 Total Dollar Value of Contract: CPI-U Increase of 1.4%, $1,120.00 annually. Total Cost to County: CPI-U Increase of 1.4%, $1,120.00 annually. Current Year Portion: $1,120.00 increase Budgeted: Yes Source of Funds: Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: CPI-U adjustment of 1.4% as of December 31, 2020. There was not an annual CPI-U increase in 2020 due to COVID-19. 07/15/20 001-20501 - FACILITIES MAINTENANCE $910.00 03/17/21 101-20505 - CORRECTION FACILITIES $140.00 03/17/21 147-20503 - UNINC PARKS & BEACHES $70.00 Total: $1,120.00 REVIEWED BY: Packet Pg. 3315 T.5 Patricia Eables Completed 03/09/2021 10:51 AM William DeSantis Completed 03/09/2021 11:25 AM Purchasing Completed 03/09/2021 1:29 PM Budget and Finance Completed 03/09/2021 4:20 PM Maria Slavik Completed 03/09/2021 5:18 PM Liz Yongue Completed 03/09/2021 5:41 PM Board of County Commissioners Pending 03/17/2021 9:00 AM Packet Pg. 3316 T.S.a SECOND AMENDMENT TO AGREEMENT UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 17th day of March, 2020, 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 MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florida corporation, whose address is 15181 NW 33 Place, Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for HVAC 0 Maintenance and Service for the County's Upper Keys Facilities, (hereinafter `.`Original ) Agreement"); and :6 WHEREAS, the parties hereto did on July 15, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount by Thirty Thousand and 001100 ($30,000.00) Dollars, from Fifty Thousand and 00I100 ($50,000.00) Dollars to Eighty Thousand and 001100 ($80,000.00) Dollars, and revise the Maintenance of Records provision; and WHEREAS, Paragraph G of the Original Agreement, as amended, provides that the Contract amount may be adjusted annually 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 I.,abor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. cv WHEREAS, the parties have found the Original Agreement, as amended, to be mutually r� beneficial; and , WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement and enter into this Second Amendment to Agreement to provide for the annual CPI-U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original Agreement; and NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I. Paragraph 5. of the Original Agreement, shall be amended as follows: D. The cost of labor used by the Contractor to fulfill the obligation of the Contract, will be increased as follows: the hourly rate for a mechanic shall increase from $72.00 to$73.01, and the hourly rate for a mechanic plus helper shall increase from $127.00 to $128.78, during normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays. ) Packet Pg. 3317 T.S.a The overtime labor hourly rate shall increase from $98.00 to $99.37 for a mechanic, and the hourly rates for a mechanic plus helper shall increase from $1.65.00 to $167.31, for hours not stated above, including holidays, with an effective date of April 1, 2021. 2. Paragraph 6 of the Original Agreement states the Contract amount may be adjusted annually 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 and shall be based upon the CPI-U computation at December 31 of the previous year. The CP.I- U adjustment for December 31,2020, was 1.4%, and the effective date of the change in hourly � rates shall become effective on April 1, 2021. 3. Except as set forth in Paragraphs I and 2 of this Second Amendment to Agreement, in all 0 other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. EV WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. (SEAI,) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE. COUNTY, FLORIDA By: By: As Deputy Cleric Mayor 0 Date: Date: cv Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. 2 Si stature eff person authorized to gnature legally bind CONTRACTOR Date:.. 1 °� l lJ f'�1 1 ✓ t I t , m 1 '�a t D d t � C��k_r� ���"L 1t ate Print Name Print Name and Title Address: -0 �3 P-/ Sig r a ure 0 e- Telephone Number . Da e Print Name MONROE COUNTY ATTORNEY'S OFFICE � VED) Tt9 t RM PATRICIA MLES -2- ASSIST 3iCttf {}21ATTRNEY 0ATE: _ , Packet Pg. 3318 counr� Kevin Madok, cPa AleClerk of the Circuit Court&Comptroller—Monroe County, Florida CL DATE: July 17, 2020 ca 0 TO: Alice Steryou Contract Monitor 2 FROM: Pamela f r. Hanco SUBJECT: July 15" BOCC Meeting At.taclied is an electronic copy of die following item for your handling: C 1 G V Amendment to Agreement with Master Mechanical Services, Inc.,for t Jpper 06 Keys HVAC Maintenance& Service,to increase the annual compensation amount.by $30,000.00; and revise Maintenance of'Records provision. Funding is ad valorem. Should you lrave any questions please feet fret to contact me at (305) 292-35 50. c cv LO cv r. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway M20 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305 Packet Pg. 3319 FIRST AMENDMENT TO AGREEMENT _ UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA ca 0 THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 15th day 2 T�DM of July, 2020, 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 MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florida corporation, whose address is 1511 NW 33 Place, Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for HVAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, Paragraph S.F. of the Original Agreement provides that the total compensation to the Contractor shall not exceed Fifty Thousand and 00/100 ($50,000.00) Dollars annually, unless pre-approved emergency work requiring additional funds is implemented; and WHEREAS, there has been unanticipated repairs and/or emergency work at various locations, exhausting the annual compensation amount for this year with three (3) remaining summer months; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Thirty Thousand and 00/100 ($30,000.00), from.Fifty Thousand and 00/100 ($50,000.00) Dollars to Eighty Thousand and 00/100 ($80,000.00) Dollars; and WHEREAS, County also desires to revise the Maintenance of Records prevision of the Original Agreement to update the provision and/or add or correct errors pursuant to its ordinances, and WHEREAS, Contractor agrees and consents to such revisions in its Original Agreement to update the provision and/or add or correct errors and ensure compliance with the Maintenance 0 of Records provision; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and LO T WHEREAS, the parties find it would be mutually beneficial to amend its Original N- Agreement and enter into this First Amendment to Agreement, and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 5.E., Payments to Contractor, of the Original Agreement, shall be amended as follows: t Packet Pg. 3320 E. Total Compensation to CONTRACTOR under this Agreement shall not exceed EIGHTY T14OUS AND AND 00/100($80,000, 0)Dollars annually,unless pre-approved emergency , work requiring additional funds is implemented. CL 0 2. Paragraph 8, Maintenance of Records,of the Original Agreement,shall be amended as follows: r 8. MAINTENANCE OF RECORD Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the terra of the Agreement and for four(4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid � to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. Right to Audit. Availability Q,f'Records, The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps,bidding instructions,bidders list,etc,);original estimates; estimating work sheets;correspondence;change order files(including documentation covering, negotiated settlements);backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends, any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk, a Owner or County Clerk may also conduct verifications such as, but not limited to, counting `) employees at the job site, witnessing the distribution of payroll, verifying payroll cv computations, overhead computations, observing vendor and supplier payments, LO miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and � contractors' representatives. All records shall be kept for seven (7) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The Right to Audit provisions survive the termination or expiration of this Agreement. Packet Pg. 3321 3. Except as set forth in Paragraphs I and 2 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended,remain CL full force and effect. NESS WHEREOF,the parties hereto have set their hands and seals the day and year first tten. I BOARD OF COUNTY COMMISSIONERS � EVIN MADOK,CLERK OF MONROE COUNTY, FLORIDA «,.. By: As Deputy Clerk yor Date: iS �'°�.,' Date: 06 Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. r 5ign re of person authorized to ignatu legal y bind CONTRACTOR Date: 2 Izo xte Print Name Print Name and Title Address:15(9( !V ki a P1 Egnature 5 5-300%A to an R Telephone Number Date Print Name CD cv CD cv LO cm c3 � t,_r C-- - MONROE COUNTY ATTORNEYS OFFICE PAT RIC[A EaLES ASSIST CO RN DATE: -3 - Packet Pg. 3322 ACIORIDO® CERTIFICATE OF LIABILITY INSURANCE 3/0/20'o' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 O REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to r 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 endomement(s). PRODUCER NAM RSC Insurance Brokerage, Inc. PHONE (305)446-2271 FAx No: 3350 S Dixie Hwy AD�: certificates6kahn-carlin.com O INSURE S AFFORDING COVERAGE NAIL i f8 Miami FL 33133 INSURER A:National Trust Insurance Cc 20141 O INSURED INSURER B:Infinity Assurance Insurance Company 39497 Master Mechanical Services Inc INSURERC:FCCI Insurance Cc 10178 15181 N(4 33 Place INSURER D.Federal Insurance Company 20291 us INSURER E Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL2033055204 REVISION NUMBER; O 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, 06 EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE EO OCCUR PREMISES E8 oavnance i 200,D00 X OL100041840-02 3/31/2020 3/31/202L MED EXP one on $ 10,000 PERSONAL 6 ADV INJURY 3 1,000,000 GEN'LAGOREGATE LIMMAPPLIES PER: GENERALAGGREGATE 3 2,000,000 POLICY�JECT EI LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (I)EeeaddeM ; 1,000,000 0) B I ANYAUTO BODILY INJURY(Per peraan) $ ALL OWNED SCHEDULED AUTOS AUTOS X 509820045985001 3/31/2020 3/31/2021 BODILY INJURY(Per atddenl) $ NON-OWNED PROPERTY DAMAGE A HIREDAUTOS % AUTOS P M S $ UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LUIB CLAIMS•MADE AGGREGATE $ DIED RETENTION $ WORKERS COMPENSATION � PER ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE Y❑NIA E.L.EACH ACCIDENT S 2,000,000 OFFC WmnC�EME HR EXCLUDED? 001-MC20A-72097 3/32/2020 3/31/2021 (� ry ) E.L.DISEASE-EA EMPLOYEE S 2,000,000 If yes,dewkbe under 0 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Leased/Rented Equipment 0668-21-83-ZCZ 3/31/2020 3/31/2021 Unll $100,000 Dedudmla $1,000 CD N DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be rihched N more apses In required) CV The Certificate Holder, its employees and officials are Additional Insured with respects to General n Liability and Auto Liability as required by written contract. I �:" CD ay G3 :L4 28/2020DIATE— u�« -- WANSR CERTIFICATE HOLDER CANCELLATIOI �4__. E SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE N The Monroe County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Board of County Comissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street #2-284 Key West, FL 33040 AUTNORIM REPRESENTATIVE Christian/GENFLO 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 3323 pcJR covgra oo '�'.GJ.c O L Kevin Madok, CPA oN�Eco�. Clerk of the Circuit Court&Comptroller—Monroe County, Florida 06 DATE: April 15, 2019 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc C. SUBJECT: March 21' BOCC Meeting Attached is an electronic copy of each of die below items for your handling. C2 Agreement with Sub-Zero, Inc., in an annual amount not to exceed$120,000.00, for Lower Keys HVAC Maintenance& Service. Funding is ad valorem. C3 Agreement with Master Mechanical Services, Inc., in an annual amount not to exceed $70,000.00, for Middle Keys HVAC Maintenance & Service. Funding is ad valorem. 0 C12 Agreement with Master Mechanical Services, Inc., in an annual amount not to '✓ exceed $50,000.00, for Upper Keys HVAC Maintenance& Service. Funding is ad valorem. 2 C14 Agreement with Air Mechanical and Service Corp., in an annual amount not to exceed $220,000.00, for Chiller Maintenance & Service in Monroe County. Funding is ad valorem. y C16 1 st Amendment to Agreement with Stockton Maintenance Group, Inc. for Lower i Keys Janitorial Services to add janitorial services at the Department of Juvenile Justice Building, second floor, in the monthly amount of$8,052.43. Funding is ad valorem. Should you have any questions, please feel free to contact me at(305) 292-3550. Thank you. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plan 305-294-4641 305-289-6027 305-852-7145 305- Packet Pg. 3324 LS.c AGREEMENT FOR UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY,FLORIDA This Agreement is made and entered into this 21 st day of March,2019,between MONROE COUNTY,FLORIDA("COUNTY"),a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., a Florida Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"),whose address is 15181 NW 33 Place,Miami, FL 33054. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit"A and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit"A'; and WHEREAS,it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in attached Exhibit"A"for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document,the Request for Proposals("RFP")documents,exhibits, 2 and any addenda only. 2. SCOPE OF WORK: The Scope of Work shall include, but not be limited to, all work and 1 or services shown and listed in Exhibit"A",which is attached hereto and made a part hereof. The Contractor i is required to provide a complete job as contemplated by this Scope of Work. The Z LU Contractor shall furnish all labor,supervision,materials,power,tools,equipment,supplies, permits, if any are necessary, and any other means of construction or work necessary orLU proper for performing and completing the Scope of Work, unless otherwise specifically stated. See Exhibit"A" 3. Personnel Communication between the County Representative and the Contractor's personnel is very e' important. Therefore, the Contractor must assure that at least one(1) of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations,including but not limited to,OSHA regulations and all other applicable local, State and Federal regulations. 1 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3325 LS.c Uniforms are preferred for Contractor's personnel however; photo identification cards are 06 required, which shall clearly identify personnel as employees of the Contractor. This 0) requirement shall apply upon entering County property and at all times while on duty. a. Background Checks/Finger Printing Contractor employees must consent to Level One background checks and the results are to v, be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse `personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be 0 solely responsible for the pay, worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law ru enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check: D. Prior employment check; and i E. Criminal History check z are required of Contractor's personnel that will enter Monroe County Sheriffs Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who,in the judgment of MCSO,poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees,who previously completed the background check is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) 2 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3326 hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. Payments to Contractor A. County's performance and obligation to pay under this agreement, is contingent upon an y annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted 0 accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. '✓ C. The County shall pay the actual cost of parts, materials and refrigerants, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer plus twenty percent(20%)to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, equipment rental amounts, and services supplied °' by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that i require shipping or transportation of parts whether the part is under warranty or not. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $ 72.00 per hour, mechanic $ 127.00per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $98.00 per hour,mechanic $165.00 per hour, mechanic plus helper 3 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3327 f T.S.c Parts Cost Plus: Twenty percent (20 %) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. Refrigerants evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. Contractor shall provide all Refrigerants weight and compliance reports as per EPA refrigerant recycling regulations under Section 608 of the Clean Air Act and any amendments. Contractor shall submit itemized invoices in tivriting. There are no additional costs for travel, mileage, meals, or lodging. 0 E. Total Compensation to CONTRACTOR under this Agreement shall not exceed Fifty Thousand and 00/100 ($50,000.00) Dollars annually, unless pre-approved emergency work ru requiring additional funds is implemented. 6. TERM OF AGREEMENT This three(3) year Agreement shall commence on April 1, 2019, and ends upon March 31, 2022, unless terminated earlier under paragraph 19 of this Agreement. i The County shall have the option to renew this Agreement for up to an additional two(2)one-year LU periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice LU given at least thirty(30)days prior to the end of the initial term.Unless the context clearly indicatesLU otherwise, references to the"term"of this Agreement shall mean the initial term of three(3)years. The Contract amount may be adjusted annually 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 and shall be based upon the CPI-U computation at December 31 of the previous year. 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 4 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3328 LS.c 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting W evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment . have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to,counting employees at y the job site, witnessing the distribution of payroll; verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special i charges, verifying information and amounts through interviews and written confirmations with LU employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven(7)years after Final Completion. 9. 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 5 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3329 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., Sec. 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 Iaw. (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 U) exempt or confidential and exempt from public records disclosure requirements. If the Contractor ru 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 v, 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. LU LU LU 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,_rclease,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 OUESTIONS 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- BRIANnu,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STREET, SUITE 408,KEY WEST,FL 33040. 6 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3330 • LS.c 10. HOLD HARMLESS,INDEMNIFICATION,DEFENSE, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of,or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement,except to the extent the claims,actions,causes of action, litigation,proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees,agents, contractors,or invitees (other than Contractor). The monetary limitation of liability under this Agreement shall be not less than$1 million per occurrence pursuant to Section 0 725.06, Florida Statutes. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of 2 this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such °' delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that i the Contractor shall hold the County harmless and shall indemnify it from all losses occurring LU thereby and shall further defend any claim or action on the County's behalf. LU The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification LU provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. 7 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3331 COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S300.000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are S200.000.00 per person, S300.000.00 per occurrence, and S200,000.0 property damage. Coverage shall include all owned vehicles, all non-owned vehicles,and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than S500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested.Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees,agents,and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. a 11.NON-WAIVER OF IMMUNITY 2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by y the County be required to contain any provision for waiver. i 12. INDEPENDENT CONTRACTOR LU At all times and for all purposes under this agreement Contractor is an independent contractor and LU not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 13. NONDISCRIMINATION Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972, as amended(20 USC §§ 1681-1683,and 8 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3332 LS.c 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps;4)The Age Discrimination Act of 1975, as amended(42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;8)Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color,sex, religion,national origin, ancestry,sexual orientation,gender identity or expression,familial status or age;and I 1)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 14.ASSIGNMENT/SUBCONTRACT " 0 Contractor shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe -- County,which approval shall be subject to such conditions and provisions as the Board may deem ru necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 15. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS i In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of Z the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not Iimited to, the immigration laws of the Federal and State government. Any violation of said statutes,ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 16. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it,its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing 9 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3333 LS.c business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person,other than a bona fide employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company,corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission,percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift,or consideration. 17. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 18. NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt ru requested, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: FOR COUNTY: FOR CONTRACTOR: y Monroe County Master Mechanical Services, Inc. Facilities Maintenance Department 15181 NW 33 Place 3583 South Roosevelt Blvd. Miami, FL 33054 Key West, FL 33040 and County Attorney 1111 12"' Street, Suite 408 Key West, FL 33040 19.TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract;.nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes,or payments of withholding, related to services rendered under this agreement. W 10 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3334 LS.c 20. TERMINATION A. The County may terminate this Agreement with or without cause prior to the commencement of work. B.The County and Contractor may terminate this Agreement for cause with seven(7)days' notice to Contractor. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. ca C. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. D. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 21. GOVERNING LAW,VENUE,AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or y before the appropriate administrative body in Monroe County, Florida. i 22. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 23. SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The E 11 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3335 County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 24. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each-of County and Contractor. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. 26. COOPERATION 0 In the event any administrative or legal proceeding is instituted against either party relating to the W formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, ru meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the i benefit of County and Contractor and their respective legal representatives, successors, and assigns. 28. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 29. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 34. PRIVILEGES AND IMMUNITIES 12 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3336 LS.c All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the 06 activity of officers, agents, or employees of any public agents or employees of the County,when 0) performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity,in which case the performance may be offered in satisfaction of the obligation or responsibility. Further,this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. E 32. NON-RELIANCE BY NON-PARTIES Non-Delegation of Constitutional or Statutory Duties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party 0 claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, '✓ or employee of either shall have the authority to inform, counsel, or otherwise indicate that any 2 particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of U this Agreement. 35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 36. SECTION HEADINGS 13 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3337 LS.c Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 37. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County. Therefore, this agreement is not to be construed against either party on the basis of authorship. 0 39. INCORPORATION OF RFP DOCUMENTS U) The terms and conditions of the RFP documents are incorporated by reference in this contract ru agreement. 40. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an y annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn,this Agreement is terminated and the County i has no further obligation under the terms of this Agreement to the Contractor beyond that already LU incurred by the termination date. LU LU 41. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. y 42. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. 14 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3338 LS.c IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS MADOK, CLERK OF MONRO O , FLORIDA By:Tw - eputy Clerk M or � � Date: '�Yn" a/L'C ' Date: a/1.t� Z�c Z° l - Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. 2 '4indCONTRACTOR of person authorized to c, i nature Date: 3/� ILI y JPmoq AntICL Resi'den+ Date 4 4PintNaame Print Name and Title Address:L519I Al 0 33 P1• mIat4t, FL 330' LU Lu Signature 3ocd(- Telephone Number Date Print Name Lad. - L f'- MONROE COUNTY ATTORNEY'S OFFICE �. i ` PpRQVEq AS TOFOIJM 0 li.- i-w PATRICIA EABLES Q fY ASSIST CO ATTORNEY is,t CJ DATE: 15 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3339 LS.c EXHIBIT "A" SPECIFICATIONS: A) Routine repairs and maintenance of all County maintained central air conditioning units in the Upper Keys area.Bidder shall also provide two (2)preventative maintenance tune-ups per year,per HVAC unit. B) The Contractor shall be available twenty-four(24)hours per day,three hundred sixty-five (365) days per year. The Contractor shall be at the site of the Air Conditioning System malfunction within four (4) hours of verbal, written, or text notification by County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. C) The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County maintained central air conditioning units so that such emergency repairs will be completed within forty-eight(48)hours of notification by the County. D) The County shall pay the actual cost of parts,materials,and refrigerants,excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the 2 manufacturer plus twenty percent(20%) to fulfill the obligations of the contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts, y whether the part is under warranty or not.There are no additional costs for travel,mileage, meals, or lodging. LU i E) In the event of a major component failure or system breakdown, the County,when deemed LU as an emergency situation, shall have the option to request from the Contractor only, a LU proposal/quote for replacement equipment in an amount that could exceed Five Thousand and 00/100 Dollars($5,000).Any proposal over$5,000,up to and including$10,000,must be approved and signed by the Division Director and/or the County Administrator. Any proposal over $10,000, up to and including $49,999.99, must be approved and signed by the Division Director and the County Administrator. ca SCOPE OF WORK: A) The facilities are located throughout the Upper Keys. Buildings to be serviced shall include, but shall not be limited to,the following: 16 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3340 GOVERNMENT CENTER/COURTHOUSE Highpoint Road, Plantation Key COUNTY OFFICES—SOCIAL SERVICES & CODE ENFORCEMENT Highpoint Road, Plantation Key CARPENTER SHOP Key Heights Drive, Plantation Key SENIOR CITIZEN CENTER/AARP Highpoint Road, Plantation Key COURTROOM B Government Complex,Plantation Key SHERIFF'S OFFICES—FIRST APPEARANCE U.S. 1 Highway, Plantation Key, Former Mobile Trailer JERRY ELLIS BUILDING GOVERNMENTAL CENTER COMPLEX 88800 Overseas Highway, Plantation Key SPOTTSWOOD STATION 88770 Overseas Highway, Plantation Key PLANTATION KEY DETENTION FACILITY/JAIL 53 Highpoint Road,Plantation Key TAVERNIER FIRE STATION Marine Avenue,Tavernier 0 KEY LARGO LIBRARY U.S. 1 Highway, MM101, Tradewinds Shopping Center, Key Largo '✓ ISLAMORADA LIBRARY 2 MM81.5 Bayside, Islamorada ROTH BUILDING 48 Highpoint Road, Plantation Key MONROE COUNTY COMMUNICATION BUILDING Key Heights Drive, Plantation Key MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER i 102050 Overseas Highway, Key Largo z FACILITIES/ROADS& BRIDGES COMPLEX Magnolia St, Key Largo Requirements of a Successful Proposer i. Perform routine HVAC maintenance to ensure the County's Air Conditioning and Heating Systems are working correctly. ii. Perform planned and unplanned service and repairs. iii. Provide HVAC installation services. iv. Maintain current business and contractor licenses to perform all HVAC repairs and maintenance for the term of the agreement. V. Have demonstrated years of experience in providing HVAC service for large facilities. vi. Secure all permits and arrange for HVAC inspection,as required by County Code. vii. Perform all work in compliance with Monroe County Building Codes and Florida Law. 17 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3341 • LS.c viii. Only use new parts and materials that are first grade products from a licensed supplier. ix. Shall obtain County approval of all parts and materials prior to installation. 06 x. Install all parts and materials in compliance with the standards of good workmanship 0) with prior County approval. xi. General repair of all existing equipment HVAC equipment. xii. Provision of necessary equipment and supplies to perform all repairs in a timely and professional manner. xiii. Detailed tickets to include but not limited to: work performed,start and end times, building location, units serial number, and a list of parts or refrigerant used. y Corrective Maintenance Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection or preventative maintenance, or have failed during operation, will be provided. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used. i. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County Air Conditioning Systems so that such emergency repair will be completed within forty-eight (48) hours of notification by the County. The W County shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others, and equipment rental), plus 2 percentage indicated in the bid form that are used in the repair of all County maintained Air Conditioning Systems. Manufacturer's invoice must accompany all requests for payment.All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or y materials whether the part is under warranty or not, freight invoices must accompany requests for payment. LU i ii. The County, from time to time, may request additional installations or services from the LU Proposer. Request from the County for additional equipment installations and services, LU not specifically listed in the Agreement from the Proposer are not subjected to the bidding process and must be approved by the County Administrator. iii. Refrigerants- Refrigerant evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. Contractor shall provide all Refrigerants ca weight and compliance reports as per EPA Refrigerant recycling regulations under section 608 of the Clean Air Act and Amendments. iv. Window Units- Window units are not part of the maintenance agreement. Supervision and Inspection of Work Sufficient supervisory personnel shall be provided and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed,as specified. To ensure that any 18 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3342 problems which may arise will be taken care of promptly, the Contractor will maintain a twenty- four(24)hour telephone contact seven (7) days per week for the receipt of any complaints and/or 06 addressing any issues. 0) Random inspections shall be performed by County Representatives from the Facilities Maintenance Department administering the contracts. Deficiencies shall be corrected within a twenty-four(24)hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in prorated deduction from the monthly invoice. 0 LU LU LU 19 Upper Keys HVAC Mainteance and Service Agreement Packet Pg. 3343 LS.c Aco" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) `� 3/1/2019 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 2 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 06 certificate holder in lieu of such endorsement(s). 0) PRODUCER NAME: Risk Strategies Company PoHrc No Ext: (305)446-2271 FAX, No: 3350 S Dixie Hwy ADDRESS:Certificates@kahn-carlin.com INSURERS AFFORDING COVERAGE NAIC a 0(B Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURERB:MOnroe Guaranty Insurance Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33'Place INSURER D:Federal Insurance Company 20281 (n INSURER E: Miami FL 33054 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1832960074 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY MM/DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 I- DAMAGE TO RENTED 100,000 0) A CLAIMS-MADE �OCCUR PREMISES Ea occurrence $ X GL00116388 3/31/2018 3/31/2019 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ 2,non,000 U POLICY [fl PRO FX�LOC PRODUCTS-COMP/OPAGG $ 2,000,DOC 0) OTHER: $ _W AUTOMOBILE LIABILITY COM BINED SINGLE LIMIT $ 1,000,000 Ea accident U B Ix ANYAUTO BODILY INJURY(Per person) $ cu AUTOS AUTOS XALL OWNED SCHEDULED CA 100024142 3/31/2018 3/31/2019 BODILY INJURY(Per accident) $NON-OWNED PROPERTY DAMAGEHIREDAUTOS X AUTOS Per accident $ $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 3 4,000,OOC A EXCESS LIAB CLAIMS-MADE UMB 100024143 3/31/2018 3/31/2019 AGGREGATE $ 4,000,OOC (B DEL) I X I RETENTION$ 0 $ WORKERS COMPENSATION X PER I AND EMPLOYERS'LIABILITY YIN STATUTE ERH I® ANY PROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,OOC UJ OFFICER/MEMBER EXCLUDED? C (Mandatory in NH) 001WC1BA72097 3/31/2018 3/31/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,00C If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00C LE D Leased/Rented Equipment 06642183ECE 3/31/2018 3/31/2019 Limit 100,00C Deductible 1,OOC DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Auto Liability when required by written contract. APPRO GEMEI`)T_ DATE WAIVE N A, Y 0) CERTIFICATE HOLDER CANCELLATION 0) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/LISCAN �[S z`y ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 3344 • ' LS.c ACOO®® 4/10/2018Y) CERTIFICATE OF LIABILITY INSURANCE DATE / oie 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 2 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 t) the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the 06 certificate holder in lieu of such endorsement(s). 0) PRODUCER NAME: Risk Strategies Company PHONE (305)446-2271 FaC A/C No Ext: AIC,No 3350 S Dixie Hwy E-MAIL s: Certificates@kahn-carlin.com ADDRE INSURERS AFFORDING COVERAGE NAIC R Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURER B:Monroe Guaranty Insurance Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Company 20281 W INSURER E: W Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1832960074 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 CONTRACTOR 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,00C r- A CLAIMS-MADE ❑X OCCUR DRE ES IF occurrence) 100,00C PREMISES Ea occurrence S X GLOO116388 3/31/2018 3/31/2019 MED EXP(Any one person) S 5,OOC PERSONAL&ADV INJURY S 1,000,00C r GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S 2,000,OOC U POLICY JEo a LOC PRODUCTS-COMP/OPAGG S 2,000,00 ) OTHER: S _W AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,00C Ea accident B Ix ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS X CA 100024142 3/31/2018 3/31/2019 BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE HIREDAUTOS X AUTOS Per accident S S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,OOC N A EXCESS LIAB CLAIMS-MADE UMB 100024143 3/31/2018 3/31/2019 AGGREGATE $ 4,000,02C DED I X I RETENTION S 0 S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,00L LU C OFFICER/MEMBER EXCLUDED? NIA ❑ (Mandatory in NH) 001WClBA72097 3/31/2018 3/31/2019 E.L.DISEASE-EA EMPLOYEE S 11000100C If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,00C D Leased/Rented Equipment 06642183ECE 3/31/2018 3/31/2019 Limit 100,000 Deductible 11 0 0 C DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Contract: Middle Keys HVAC Maintenance and Service tJ The Certificate Holder is Additional Insured with respects to general Liability and Auto Liability when required by written contract. BY'R VM GE(4)EhIT WAIVE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Rey West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/LISCAN ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 3345 LS.c ACC)R ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES O 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 6 certificate holder in lieu of such endorsement(s). O PRODUCER CONTACT NAME: tt3 Risk Strategies Company PVHc Nc Ext: (305)446-2271 ac No: 3350 S Dixie Hwy E-MAIL Certificates@kahn-carlin.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Co 20141 CJ INSURED INSURERB:Monroe GuarantV Ins Cc 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Company 20281 INSURER E Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1932808223 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE WVOPOLICY NUMBER MM/DD MM/DDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY fy EACH OCCURRENCE $ 1,000,00 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100,00 PREMISES Ea occurrence $ X GL100041840-01 3/31/2019 3/31/2020 MED EXP(Any one person) $ 10,00 PERSONAL&ADV INJURY S 1,000,00 0 U GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S 2,000,00 W POLICY�PEt° Fx1 LOC PRODUCTS-COMP/OPAGG S 2,000,00 `'"' OTHER: $ U AUTOMOBILE LIABILITY Ee accident)SINGLE LIMIT S 1,000,00 ' B X ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED CA100024142-01 3 31/2019 3/31/2020 BODILY INJURY Per accident S AUTOS AUTOS X / ( ) � X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident S S � X UMBRELLA LAB X OCCUR EACH OCCURRENCE S 4,000,00, cu A EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,00, DED I X I RETENTION S 10,000 UME100024143-01 3/31/2019 3/31/2020 S �I WORKERS COMPENSATION X I PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER 11.1 ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT S 1,000,m OFFICER/MEMBER EXCLUDED? N/A C (Mandatory in NH) 001-WC19A-72097 3/31/2019 3/31/2020 E.L.DISEASE-EA EMPLOYEE S 1,000,00, UJ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,00, ±ttted Equipment 0664-21-83-ECE 3/31/2019 3/31/2020 Limit $100,001 Deductible $1,001 E cu DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The Certificate Holder, its employees and officials are Additional Insured with respects to General Liability and Auto Liability as required by written contract. R PP RC v i A JAGEMf I�1! DAN y WAIVER N/A' YES_ J � CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Monroe County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Board of County Comissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street #k2-284 O Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/STEDEL /S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 3346 LS.c ACC) CERTIFICATE OF LIABILITY INSURANCE 73/28/2019 E(MM/DDIYYYY) 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 6 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company PHONE. Ext: (305)446-2271 'FAX 3350 S Dixie Hwy E-MAIL Certificates@kahn-carlin.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Cc 20141 INSURED INSURERB:Monroe Guaranty Ins Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place N INSURER D:Federal Insurance Company 20281 INSURER E Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1932808223 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTED 100,001 A CLAIMS-MADE X OCCUR PREMISES Ea occurrence S X GL100041840-01 3/31/2019 3/31/2020 MED EXP(Any one person) $ 10,001 PERSONAL&ADV INJURY S 1,000,00, U GENI AGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S 2,000,00, 0) [flPRO- `) POLICY JECT LOC PRODUCTS-COMP/OPAGG S 2,000,00, OTHER: S t8 U AUTOMOBILE LIABILITY ECOM a c EDISINGLE LIMIT $ 1,000,001 B X ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED CA100024142-01 3 31/2019 3/31/2020 BODILY INJURY Per accident S AUTOS AUTOS X / ( ) � X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,001 (B A EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,00( DED TXTRETENTION S 10,000 UMB100024143-01 3/31/2019 3/31/2020 S �I WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ERUJ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,001 OFFICER/MEMBER EXCLUDED? ❑ N I A C (Mandatory in NH) 001-WC19A-72097 3/31/2019 3/31/2020 E.L.DISEASE-EA EMPLOYEE S 1,000,001 LU LU If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,001 D Leased/Rented Equipment 0664-21-83-ECE 3/31/2019 3/31/2020 Limit $100,001 Deductible $1,001 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Upper Keys HVAC Maintenance and Service . The Certificate Holder is Additional Insured with respects to G%rff�1�U' lit '\ Auto Liability when required by written contract. g'y tL�.V d' ( IV EMiG)y y 'NAIVER N/At YEt IJ ' 11 � CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/STEDEL ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 3347 LS.c ACC)® . CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES O 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 6 certificate holder in lieu of such endorsement(s). O PRODUCER CONTACT NAME: t8 Risk Strategies Company PHONE (305)446-2271 FAx A/C No.Ext, A/C No): 3350 S Dixie Hwy - E-MAIL Certificates@kahn-carlin.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Co 20141 CJ INSURED INSURERB:MOnroe Guaranty Ins Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Company 20281 INSURER E: Miami FL 33054 INSURER F: 0) COVERAGES CERTIFICATE NUMBER:CL1932808223 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 CONTRACTOR 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF IN POLICY NUMBER (MM/DD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY a) EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X❑ PREMISESS OCCUR DAMAGE REMISES 100,000 PREMI Ea occurrence S X GL100041840-01 3/31/2019 3/31/2020 MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY S 1,000,000 0 GEN'LAGGREGATELIMITAPPLIES PER; \I�; L�' VCi � �I GI:MFNT GENERALAGGREGATE S 2,000,000 a PRO-EC LOC D AI �� 1 PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: WAVLN N/Ai _ YES."_.' l $ U AUTOMOBILE LIABILITY (Ea accident) LIMIT S 1,000,000 ' X tt3 B ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CA100024142-01 3/31/2019 3/31/2020 BODILY INJURY Per accident S AUTOS AUTOS X ( ) � X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident) $ S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,000 DED I X I RETENTION S 10,000 UMB100024143-01 3/31/2019 3/31/2020 S �I WORKERS COMPENSATION ER _ AND EMPLOYERS'LIABILITY Y/N X STATUTE EERHUJ ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 C OFFICER/MEMBER EXCLUDED? / (Mandatory in NH) 001-WC19A-72097 3/31/2019 If yes,descdhe under ❑ NA 3/31/2020 E.L.DISEASE-EA EMPLOYEE S 1,000,000 LLI DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Leased/Rented Equipment 0664-21-83-ECE 3/31/2019 3/31/2020 Limit $100,000 Deductible $1,000 22 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Contract: Middle Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Auto Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board Of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street O Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/STEDEL ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Packet Pg. 3348