2nd Amendment 03/17/2021 . ;!, Kevin Madok, CPA
C...41 )0
y4. Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE April 14, 2021
TO: Alice Steryou
Contract Monitor
1
FROM: Pamela G. Hanco<!'7.C.
SUBJECT: March 17'h BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C9 2nd Amendment to Agreement with Sub-Zero, Inc.,for lower Keys HVAC
Maintenance& Service, Mr a 1.496 CPI-l1 increase. Funding is ad valorem.
Should you have any questions please feel free to contact me at (305) 292-3550.
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 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
SECOND AMENDMENT TO AGREEMENT FOR
LOWER KEYS HVAC MAINTEANCE AND SERVICE
MONROE COUNTY,FLORIDA
This Second Amendment to Agreement is made and entered into this 17th day of March,
2021, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the
State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and SUB-
ZERO, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6003 Peninsular
Ave.,No. 5, Key West, Florida 33040.
WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for
Central Air Conditioning Maintenance and Repair Services to County Lower Keys Facilities
(hereinafter"Original Agreement"); and
WHEREAS, the parties hereto did on May 20, 2020, enter into a First Amendment to
Agreement to revise the maintenance of records provision, non-discrimination, and termination
clauses in its contracts and/or agreement to update and/or add current revisions pursuant to its
ordinances and/or Federal required contract provisions; and
WHEREAS, this Second Amendment is to amend the Original Agreement to increase
payment amounts by the annual CPI-U adjustment of 1.4%as of December 31, 2020,pursuant to
the terms of the Original Agreement and to update and/or add current revisions pursuant to
County ordinances and/or Federal required contract provisions; and
WHEREAS, the Contractor agrees and consents to such revision in the Original
Agreement to increase the annual payments for the CPI-U adjustment and to add other updated
contract provisions;and
WHEREAS, the parties have found the Original Agreement, as amended to be mutually
beneficial; and
WHEREAS,the parties find it would be mutually beneficial to amend its Agreement and
enter into this Second Amendment to Agreement; and
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below,the parties agree as follows:
1. Paragraph S.D. of the Original Agreement is hereby amended pursuant to the annual
CPI-U adjustment of 1.4%as of December 31, 2020, as follows:
a. In Paragraph S.D. under Contract Amount, the hourly labor rate for a mechanic
shall increase from $88.00 to$89.23 and the hourly labor rate for a mechanic plus
helper shall increase from $129.00 to $130.81, during normal working hours of
8:00 am to 5:00 pm, Monday through Friday, excluding holidays, with an
effective date of April 1, 2021;
b. In Paragraph S.D. under Contract Amount, the overtime labor rate for a mechanic
shall increase from $105.00 to $106.47 and the hourly rate for a mechanic plus
helper shall increase from $140.00 to $141.96, for hours other than the normal
working hours as stated above, including holidays, with an effective date of April
1, 2021.
2. In accordance with Paragraph 6 of the Original Agreement, the annual CPI-U
adjustment, is amended as follows:
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 and
the labor rates shall thereby be adjusted 1.4% based upon the CPI-U computation
on December 31, 2020, with an effective date of April I, 2021.
3. The Original Agreement is hereby further amended to include the following
identified as Paragraph 43, FEDERAL CONTRACT REQUIREMENTS,
Paragraphs 43.17,43.18, 43.19, 43.20,and 43.21, to include the following Federal
Required Contract Provisions, if applicable:
43. FEDERAL CONTRACT REQUIREMENTS
43.17 Prohibition on certain telecommunications and video surveillance services or equipment
as set forth in 2 CFR 6 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1)Procure or obtain; (2) Extend
or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a
contract) to procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i)For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or
any subsidiary or affiliate of such entities).
(ii)Telecommunications or video surveillance services provided by such entities or using
such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the government of a covered foreign
country.
43.18 Domestic preference for procurements as set forth in 2 CFR 6200.322 The
COUNTY and CONTRACTOR should, to the great extent practicable, provide a
preference for the purchase, acquisition, or use of goods, products, or materials produced
in the United States (including but not limited to iron, aluminum, steel, cement, and other
manufactured products). These requirements of this section must be included in all
2
subawards including contracts and purchase orders for work or products under federal
award. For purposes of this section:
(I) "Produced in the United States" means, for iron and steel products, that all
manufacturing processes, from the initial melting stage through the application of
coatings, occurred in the United States. (2)"Manufactured products" means items and
construction materials composed in whole or in part of non-ferrous metals such as
aluminum; plastics and polymer-based products such as polyvinyl chloride pipe;
aggregates such as concrete; glass, including optical fiber; and lumber.
43.19 Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only.
The contractor will comply will all applicable federal law, regulations, executive orders,
FEMA policies, procedures,and directives.
43.20 No Obligation by Federal Government. The Federal Government is not a party to
this contract and is not subject to any obligations or liabilities to the COUNTY/non-
Federal entity, contractor, or any other party pertaining to any matter resulting from the
contract.
43.21 Program Fraud and False or Fraudulent Statements or Related Acts. The
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False
Claims and Statements)applies to the contractor's actions pertaining to this contract.
4. Except as set forth in Paragraphs I through 3 of this Second Amendment to
Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as
amended, remain in full force and effect.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
3
• TNESS WHEREOF, the parties hereto have set their hands and seals the day and year
ya ve written.
BOARD OF COUNTY COMMISSIONERS
•o °= EVIN MADOK, CLERK OF MONROE A
.- "•y:• By:
�Dgeeputy lerk �nM�ayor� 0
Date: y"I4 - tZ 1i Date: ' "�°"`^^'� i7 HYI
Witnesses for CONTRACTOR: CONTRACTOR: SUB-ZERO, INC.
Signatufe of Person authorized to
Signature legally bind SUB-ZERO, INC.
Printed Name: /oAA ,7 ^,tct Date: rl — e- ZI
ytr)711D1/ Y�'( FL- t12-oro 541- 7t3pla (� 3
to Print Name and Ti le�j
/ -"" LatVI.-�/ Address: Y/X'YJ� Y?WIMk--)�(A/.Nt? tlV
Signature
Printed Namel)VC (-A 141 e�d f 1057 i/c1C1 9 U
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Date
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CERTIFICATE OF LIABILITY INSURANCE I 12/28/2020
Producer: Plymouth Insurance Agenc This Certificate is baled as a matter of Information only and confers no
2739 U.S. Highway 19 N. rights upon the Certiforc Holder. This CertinoM does not amend,extend
Holiday, FL 34691 or alter the coverage afforded by the ponder below.
(727)938-5562 Insurers Affording Coverage NAIL#
Insured: South East Personnel Leasing, Inc. & Subsidiaries Insurer A: Lion Insurance company I1075
2739 U.S. Highway 19 N. Insurer e:
Holiday, FL 34691 Insurer C.
Insurer D:
Insurer E:
Coverages
The policies of insurance listed below have lean issued to the insured named above for the policy period indicated. Notwilnamndlne any requirement,lent,me n of any contract or other document
wire respect m wnicn mid remneate maybe landed or may pertain,the rnsmmice afforded by late policies described herein is°upeot toad me terms,exclusions,and condnions of such policies Aggregate
limits shown may have been reduced by paid claims.
INSR ADDL Policy Effective Policy Expiration
LTR INSRD Type of Insurance Policy NLlnter Date Dale Limits
(MM/DDm') (MM/DDm')
GENERAL LIABILITY Eam Occurrence a
Commercial General Liability
co
Claims Made El Occur Approvld Risk Management
//,KR..0 L. 5 / Aii Darnel. '°d premises(EArnc )
Med Ere g
General aggregate limit applies per. Personal Ativ Injury ;
General Agwe ale $
Policy ❑Protect ❑ LOC 2 22_•2021
Products-Comp/op Aim S
AUTOMOBILE LIABILITY Combined Single Lim II
Any Auto (EA Accident) E
All Owned Autos Bodily injury
dAmos Boer Pemmq y
Hired AutosSootily Injury
�Nm-0wned Autos Ion Accident) s
Property Damage
(Per Accident) r
EXCESS/UMBRELLA LIABILITY each Occurrence
R Occur El
Daims Made Aggregate
A Workers Compensation and WC 71949 01/01/2021 01/01/2022 XI WC Stator tadia �OTTH-
Employers'Liability
Any propretor/patlner/execufve
officer/member
EL Each Accident SISUe,ppp
excluded? NO
IfYes.describe under special provisions below. EL.Disease-Fa Employee atpod,opo
E.L.Disease-Policy Limits SI.O00.000
Other Lion Insurance Company Is A.M.Best Company rated A(Excellent). AMB#12616
Descriptions of Operations/LocationsNehicles/Excluslons added by Endorsement/Special Provisions:
Client ID: 8467-001
Coverage only
applies to active employee(s)of South East Personnel Leaving,Inc.&Subsidiaries that are leased to the following"Client Company':
Sub-Zero,Inc
Coverage only applies to interim incumN by South East Personnel Leasing,Inc.&Subsidlarla active employee(s),while wohing In:FL.
Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity.
A list of the active employee(s)leased to the Client Company can be obtained by faxing a request to(727)937-2138 or email mtificatesOlioninsurancecompany.com
Prated Nine:
ISSUE 12-28-20(SS)
CERTIFICATE HOLDER CANCELLATIONsewn Dam:3fa/SOL3
MONROE COUNTY BOCC Should any of the above described policies be cancelled before the e)Oahon date thereof,me issuing
INSURANCE COMPLIANCE insurer will endeavor lomul 30 days written notice to the certificate holder named to theq bid failure to
do so shall impose no obligation or liability of any kind upon the insurer,ds agents Or repesenatiws
P.O.BOX 100085-FX
DULUTH, GA 20096 fl „r.,xad- 7 --a--- _
From: sstoll@lioninsurancecompany.com
To: SubZeroBrenda@gmail.com SubZeroBrenda@gmail.com
CC: monroecountyf@Ebix.com
Subject: Lion Certificate of Insurance For: MONROE COUNTY BOCC
Date: 12/28/2020 6:34:32 AM
Attachment(s):
DO NOT REPLY TO THIS EMAIL. REPLY TO AND SEND
ALL FUTURE REQUESTS TO
CERTIFICATES@LIONINSURANCECOMPANY.COM
ONLY.
RESPONSES OR CERTIFICATE REQUESTS SENT TO
EMAIL ADDRESSES OTHER THAN
CERTIFICATES@LIONINSURANCECOMPANY.COM
MAY BE DELAYED OR GO UNPROCESSED.
This electronic communication is confidential and protected by legal privileges and work product
immunities. If you are not the intended recipient, do not use or disseminate the information
contained in this electronic communication. Receipt of this electronic communication by anyone
other than the intended recipient is not a waiver of attorney-client or work product privileges. If
you have received this electronic communication in error, please notify the sender immediately
and permanently delete the original and any copies or printouts thereof.
Client*:66055 SUBZE
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATEDIHOWTTYTI
12/15/2020
THIS CERTIFICATE IS ISSUED AS 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 AFFOROEO 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:II tin certificate holder ban ADDITIONAL INSURED,IRA policy(in)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the twins and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the cenifcate holder In Bets of such ndornmengs).
PRODUCER eta Amanda Lisenbey
AElsure dba Ouifshore Ins-SF ZyNE
4100 Goodish.Rd N 6SYaNN eFE:Est 239 6595867 I jAC,xak 239 213.2803
Naples,FL 34103 ADOR aliseisenbeyeguifahoreinsurance.Gom
239261-3846 RISORENiI COVERAGE nuts
RO ER A:Southern-Owners Ma,nnar,c. 10190
INSURED
Sub Zero,Inc. Daum S:Owners IISNrsna 1B988
6003 Peninsular Avenue$5 INSURER e:
Key Weal,FL 33040 INSURER DI
INSURER E:
WeuRTRr:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TORE INSURED NAMED ABOVE FOR THE POLICYPERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITIONOF N.Y CONTRACTOR OTHER DOCUMENT AWN RESPECT TO WHICH THIS
CERTIFICATE ANY BE ISMIEO OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIED HEREM IS SUBJECT TO ALL THE TERMS.
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AND CONDITIONS OF SUCH POLICIES. WATS SHOWN MAY HAVE BEEN HEOIICED BY PND CLAIMS.
[jR TYPE OF WBYMNCF POLICY WHOM POLICY EFS POLICY ESP
A X COMYFAGALOEMEA4yAYYtt rN/O/2020OMITTI IMW➢01202YYM WITS
X X 20144775 12/102020 12/102021 EACHoccu RENCE 51,000,000
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A x UMSELLADw X OCCUR 5310466301 12/10202012/10/2021 entroccuurce $5,000,000
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Monroe County BOCC is listed as additional Insured with regards to general liability only as
required by written contract on a primary non contributory basis per form 55373 0517 including completed
operations per form 55091 0517 and Waiver of Subrogation per form CG2404 0509.Additional Insured with
regards to Auto Liability only as required by written contract per form 58504 0115 and Waiver of
Subrogation per form 58583 0115.Umbrella follows form.
CERTIFICATE HOLDER CANCELLATION
Monroe County BOCC MtW LD ANY OF THE ABOVE DEBCRIBED POLICIES BE CANCELLED BEFORE
PO 100085-FX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROV1SIONS.
Duluth,GA 30096
AUTIO D REPRESENTATIVE
I ^b Ws�
ACORD 85(201NM) 1 011 The ACORD name and01938-2015 ACORD CORPORATION.All rights reamed
*51631217Rd153D727 HOD are registered marks of ACORD
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