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5th Amendment 12/08/2021 J�J`Sc URre�l Kevin Madok, CPA 1��,�.. ::= Clerk of the Circuit Court&Comptroller—Monroe County, Florida 41`1% ; DATE: December 15, 2021 TO: Cheryl Sullivan, Senior Specialist Solid Waste Department FROM: Pamela G. Hanco • . . SUBJECT: December 8th BOCC Meeting Attached is an electronic copy of the following item for your handling: C5 5th Amendment to Agreement with Government Services Group, Inc. to extend the contract, for Solid Waste Special Assessment Support Services, for an additional five years. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: Property Appraiser Tax Collector 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 FIFTH AMENDMENT TO AGREEMENT (Consulting Services for Monroe County Solid Waste Assessment Support) This Amendment to Agreement is made and entered into this 8th day of December 2021 between MONROE COUNTY, a political subdivision of the State of Florida, hereafter 'COUNTY," and GOVERNMENT SERVICES GROUP, INC., a corporation of the State of Florida, hereafter "CONSULTANT" in order to amend the agreement between the parties dated September 20, 2006, as amended on November 19, 2008, June 17, 2009, March 21, 2012 and November 22, 2016, as follows; 1. Section 7.1 of Article VII COMPENSATION, is hereby amended to read as follows:. '71 CONTRACT :SUM The COUNTY shall pay to the CONSULTANT in current funds for the CONSULTANT'S performance of this Agreement the sum of $30,000 per fiscal year for work performed in Fiscal Years 2021-22, 2022-23, 2023-24, 2024-25 and 2025-26 to fund solid waste services for Fiscal Years 2022-23, 2023-24, 2024-25, 2025-26 and 2026-27, to be paid in quarterly payments of$7,500, in accordance with Section 7.2." 2. Section 7.2 of Article VII COMPENSATION is hereby amended to read as follows;. 7.2 PAYMENTS $7,500.00 January 2022 $7,500.00 March 2022 7,500.00 April 2022 $7,500.00 September 2022 $7,500.00 January 2023 $7,500.00 March 2023 $7,500.00 April 2023 $7,500.00 September 2023 $7,500.00 January 2024 $7,500.00 March 2024 $7,500.00 April 2024 7,500.00 September 2024 $7,500.00 January 2025 $7,500,00 March 2025 $7,500.00 April 2025 $7,500.00 September 2025 $7,500.00 January 2026 $7,500.00 March 2026 $7,500.00 April 2026 $7,500.00 September 2026" 1 3. The fees and costs section of Appendix B is hereby amended to read as follows:. FEES AND COSTS For the services provided by the CONSULTANT, the lump sum fee for professional services for the proposed scope of services is $30,000 per fiscal year for work performed in Fiscal Years 2021-22, 2022-23, 2023-24, 2024-25 and 2025-26 to fund solid waste services for Fiscal Years 2022-23, 2023-24, 2024-25, 2025-26 and 2026-27, The lump sum fees are due and payable on a quarterly basis, asfollows: Payment Schedule 25% of lump sure fee January 2022, 2023, 2024, 2025 and 2026 25%+7 of lump sum fee March 2022, 2023, 2024, 2025 and 2026 25% of lump sum fee June 2022, 2023, 2024, 2025 and 2026 25% of lump sum fee September 2022, 2023, 2024, 2025 and 2026 In addition to the lump sum fee provided herein, the COUNTY hereby authorizes and agrees to pay the CONSULTANT a fee of $1.44 per parcel, depending on the number of accessible parcels of property with the County, due and payable at the time of the adoption of the preliminary assessment resolution, for producing and mailing the statutorily required first class notices for residential rate increases, however, the total fee for this services shall not exceed $50,000 per year. The lump sum fee for professional services does not include any on-site visits by representatives of CONSULTANT. On-site meetings (together with any actual costs associated therewith) may be arranged at our standard hourly rates. Project status meetings may be arranged through scheduled telephone conferences in lieu of on-site visits." 4. section 2.7 WRITTEN NOTICE shall be amended to read as follows:. Any notices sent by the parties shall be deemed to have been duly served if delivered in person to the individuals and addresses listed below or if delivered or sent by first class mail certified return receipt or by courier with proof of delivery. All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. The correspondence shall be directed to: 2 Cheryl Sullivan Director of Solid Waste Management 1100 Simonton Street Room 2 231 Key West Florida 33040 Notice to the CONSULTANT shall be delivered to: Sandi Walker Government Services Group Inc 1500 Mahan Dr Ste 250 Tallahassee FL 32308 5. Section 6.1 PERSONNEL shall be amended to read as follows: The CONSULTANT shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement the parties anticipate that the following named individuals will perform those functions as indicated; NAME FUNCTION Xavier Rodriguez Mgmt./Data Analyses/Programming Sandi Walker Project Management and Oversight David Jahosky Project Oversight So long as the individuals named above remain actively employed or retained by the CONSULTANT they shall perform the functions indicated next to their names If they are replaced CONSULTANT shall notify COUNTY of the change immediately. 6. Section 9.5 TERMINATION shall be amended to read as follows: Either party hereto may terminate this Agreement upon giving seven 7 days written notice to the other in the event that such other party substantially fails to perform its material obligations set forth herein The COUNTY may terminate this Agreement without cause upon giving seven 7 days written notice to the CONSULTANT If the COUNTY utilizes this provision the termination shall supersede any obligation under paragraph 9.15. Termination expenses shall be paid and shall include all expenses until date of termination and any additional services required in order to stop performance of services subject to audit for verification. For Contracts of any amount, if the County determines that the 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 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. For Contracts of $1,000,000 or more, if the County determines that the Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, 3 or been engaged in business operations in Cuba or Syria„ the County shall have the option of (1) terminating the Agreement after it has given the 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. 7. Section 9.14 CLAIMS FOR FEDERAL OR STATE AID shall be amended to read as follows: CONSULTANT 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. Any conditions imposed as a result of funding that effect the Project will be provided to each party. 8. Section 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS shall be amended to read as follows: COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR and COUNTY Representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 9. Section 9.17 NONDISCRIMINATION shall be amended to read as follows: CONSULTANT and COUNTY agree 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. CONSULTANT and COUNTY agree 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 ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 172 (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 197 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; )Title VI I of the Civil 4 Rights Act of 1968 (42 USC s.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 s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. 10.Section 9.29 of Article IX MISCELLANEOUS shall be amended to add the following: 10.29 E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 11, In all other respects, the original agreement between the parties dated September 20, 2006, as amended on November 19,2008, June 17, 2009, March 21, 2012 and November 22, 2016, remains in full force and effect. Remainder of Page Intentionally Left Blank 5 *It?' a, HEREOF, the parties have hereunto set their hands and seal, e •. a first written above. =ems._ BOARD OF COUNTY % } 49 COMMISSIONERS stz. IN MA K, CLER OF MONROE , F A ROOT COUNT �fi � By: k By: As Deputy Clerk Mayor Attest: GOVERNMENT SERVICES GROUP, INC. 45:41. By: ( )a►k Title: d Witness n ,A Pe er5 MONROE COUNTY ATTORNEY efdas&PIMI CHRISTINE LIMBERT•BARROWS ASSISTANTCOUNTY ATTORNEY DATE. 10/19/21 rn CD rn c.1 3V ITt 'l7 6 -'� ANSERAD-01 MDONOVAN CERTIFICATE OF LIABILITY INSURANCE DAT2/7/2D/Y 1 /7/2021 �•� 1 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ames&Gough PHONE 8300 Greensboro Drive (A/C,No,Ext): (703)827-2277 FAX No):(703)827-2279 Suite 980 E-MAIL-ADDRESS:admin@amesgough.com McLean,VA 22102 INSURERS AFFORDING COVERAGE NAIC# INSURERA:National Fire Insurance Company of Hartford A(XV) 20478 INSURED INSURER B:Continental Insurance Company A XV 35289 Government Services Group,Inc INSURER C:American Casualty Co of Reading, PA A XV 20427 1500 Mahan Drive INSURERD:Evanston Insurance Company 35378 Tallahassee,FL 32308 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MWDD/YYYY MWDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 7011411355 10/26/2021 1/17/2023 rl DAMAGE TO RENTED 1,000,000 X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 15,000 A proved Risk Management PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 4"')'i �" `� I GENERAL AGGREGATE $ 2,000,000 POLICY�X JECT � LOC f j' � ��I K ��"' '" PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: 12-8-2021 $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 7011411369 10/26/2021 1/17/2023 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE 7011652381 10/26/2021 1/17/2023 AGGREGATE $ 10,000,000 DED X RETENTION$ 10,000 $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N 7011411372 10/26/2021 1/17/2022 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Professional Liab. MKLV7PL0004397 10/26/2020 1/17/2022 Per Claim/Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC shall be included as additional insured with respects to General and Auto Liability where required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street RM 2-231 Key West,FL 33040 AUTHORIZED REPRESENTATIVE r�_reG� `�nnczxcrre-l� ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD