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Item C05 C.5 County of Monroe P W ;� w 1rJ� BOARD OF COUNTY COMMISSIONERS r,�� Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 Ij David Rice,District 4 County Commission Meeting February 15, 2023 Agenda Item Number: C.5 Agenda Item Summary #11554 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval of a Fourth Amendment to Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance & Service, for a one (1) year renewal, an annual 6.5% CPI-U increase, and update certain contract provisions. Funding is Ad Valorem. ITEM BACKGROUND: On March 21, 2019, the BOCC approved a Bid Award Agreement for Lower Keys HVAC Maintenance & Services with Sub-Zero, Inc. There was an initial three (3) year term beginning April 1, 2019, which terminated on March 31, 2022, with the option to renew for an additional two (2) one-year periods. On May 20, 2020, the BOCC approved a First Amendment to revise the contract maintenance of records provision, non-discrimination, and termination clauses, and to update and/or add current revisions pursuant to its ordinances and/or Federal Required Contract Provisions. The contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers (CPI-U) as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year, but there was no increase in 2020 due to COVID-19 resulting in County reduced revenues. On March 16, 2022, the BOCC approved a Third Amendment, with an annual CPI-U increase reflecting the CPI-U on December 31, 2021, of 7%. This Fourth Amendment seeks approval to increase payments to the Contractor by an annual CPI-U increase of 6.5% based on the CPI-U on December 31, 2022. Based on this annual adjustment, this Fourth Amendment provides for Sub-Zero'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 $95.48 to $101.68 and for a mechanic plus helper from $139.97 to $149.06. The overtime labor rates, for hours not stated above, including holidays, shall increase for a mechanic from $113.92 to $121.32 and for a mechanic plus helper from $151.90 to $161.77. The annual adjustment shall be effective on April 1, 2023. The Parts cost plus of twenty percent (25%) will remain the same. This Fourth Amendment also exercises the option to renew the agreement term for the second of two optional, one-year renewals with the new term to commence on April 1, 2023, and terminate on March 31, 2024. This is the last allowable renewal on this contract. This is the last allowable renewal for this contract. The first paragraph of Paragraph 10, Hold Harmless, Indemnification, Insurance, and Defense, is also updated to comply with State or County contract provisions. Staff seeks Packet Pg. 228 C.5 approval of the Fourth Amendment. Staff seeks approval of the Fourth Amendment. PREVIOUS RELEVANT BOCC ACTION: March 16, 2022 BOCC approved a Third Amendment to Agreement with a CPI-U increase reflecting the CPI-U on December 31, 2021, of 7%. The agreement also renewed the term for an additional year with the new term to commence on April 1, 2022, and terminates on March 31, 2023. Additionally, the Amendment added or modified certain contract provisions to comply with County ordinances or policies, Florida statutes, and Federal required contract provisions. March 17, 2021 BOCC approved a Second Amendment to Agreement to revise the contract maintenance of records provision, non-discrimination, and termination clauses, and to update and/or add current revisions pursuant to its ordinances and/or Federal Required Contract Provisions and provided the CPI-U on December 31, 2021 increase of 1.4%. May 20, 2020 BOCC approved a First Amendment to Agreement to revise the contract maintenance of records provision, non-discrimination, and termination clauses, and to update and/or add current revisions pursuant to its ordinances and/or Federal Required Contract Provisions. Due to COVID- 19 resulting in County reduced revenues. there was not an annual CPI-U increase in 2020. March 21, 2019 BOCC approved an RFP Bid Award Agreement for Lower Keys HVAC Maintenance & Services with Sub-Zero Inc. with an initial three (3) year term beginning April 1, 2019, and terminating on March 31, 2022. The County shall had an option to renew for an additional two (2) one-year periods. CONTRACT/AGREEMENT CHANGES: Fourth Amendment to Sub-Zero Agreement for a CPI-U increase of 6.5%, renewal of one-year term, and update contract provisions, STAFF RECOMMENDATION: Approval DOCUMENTATION: 02-15-2023-fourth ammendment-Sub Zero-partial exec 3rd Amendment 03 16 2022-SubZero-Exec 03-17-2021 C-9 MT 7886 2nd Amendment Sub Zero Executed 1 st Amendment 05/20/2020 Packet Pg. 229 C.5 03/21/2019 Agreement GL-Auto-COI-expires 12-10-2023-Sub Zero-Exec 0 1-0 1-2024-WC-COI-Sub Zero-Exec FINANCIAL IMPACT: Effective Date: 4/01/2023 Expiration Date: 3/31/2024 Total Dollar Value of Contract: $120,000.00/year—annual CPI-U increase of$7,800.00 Total Cost to County: Annual CPI-U increase of$7,800.00 Current Year Portion: $63,900.00 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: The Fourth Amendment includes the second optional one-year renewal, a CPI-U increase for December 31, 2022, is 6.5% with new rates effective 4/01/2023. The new one- year renewal will commence on 04/01/2023 and terminate on 03/31/2024. Contract provisions were also updated. 03/21/19 001-20501 - FACILITIES MAINTENANCE $5,850.00 03/21/19 101-20505 - CORRECTION FACILITIES $1,300.00 03/21/19 147-20503 - UNINC PARKS & BEACHES $650.00 Total: $7,800.00 REVIEWED BY: William DeSantis Completed 01/24/2023 2:22 PM Patricia Eables Completed 01/30/2023 6:12 PM Purchasing Completed 01/31/2023 10:00 AM Budget and Finance Completed 01/31/2023 10:10 AM Brian Bradley Completed 01/31/2023 10:13 AM Lindsey Ballard Completed 01/31/2023 11:05 AM Board of County Commissioners Pending 02/15/2023 9:00 AM Packet Pg. 230 FOURTH AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE 0 MONROE COUNTY, FLORIDA N .0 This Fourth Amendment to Agreement is made and entered into this 15th day of February, 2023, 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. 06 WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for U HVAC Maintenance and Service to County's Lower Keys Facilities (hereinafter "Original >< Agreement"); and X U) 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 0 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 E WHEREAS, the parties hereto did on March 17, 2021, enter into a Second Amendment E to Agreement 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 0 Federal required contract provisions; and X 0 WHEREAS, the parties hereto did on March 16, 2022, enter into a Third Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI- U adjustment of (seven) 7% as of December 31, 2021, to renew the Original Agreement for an CL i 0 additional one-year period, and add or modify additional provisions and certain Federal required Contract Provisions, pursuant to the terms of the Original Agreement; and N WHEREAS, paragraph 6 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. E 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 E E December 31 of the previous year, and provides for two (2) optional one-year renewal periods to extend the term of the agreement; and WHEREAS, the parties also desire to amend only the first paragraph of Paragraph 10 of M the Original Agreement, as amended, to add and/or update provisions of that paragraph to bring NQ it current with certain County or State required contract provisions; and N LO N Q WHEREAS, this Fourth Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of six and five tenths percent E (6.5%) as of December 31, 2022, to exercise the last option to renew the Original Agreement for an additional one-year period, and to add or update certain contract provisions; and Packet Pg. 231 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 Original Agreement and enter into this Fourth Amendment to Agreement to provide for the annual CPI-U 6 adjustment of six and five tenths percent (6.5%) as of December 31, 2022, pursuant to the terms N of the Original Agreement, to renew the Agreement for the second of two (2) optional one-year renewals, and to add or update certain contract provisions; .2 NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants LO set forth below, the parties agree as follows: 06 1. Paragraph 5.D., Payments to Contractor, of the Original Agreement is hereby amended U pursuant to the annual CPI-U adjustment of six and five tenths percent (6.5%) as of December 31, 2022, as follows: X a. In Paragraph 5.D. under Contract Amount, the hourly labor rate for a mechanic shall increase from $95.48 to $101.68 and the hourly labor rate for a mechanic plus helper shall increase from $139.97 to $149.06, during normal working hours 0 of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays, with an effective date of April 1, 2023. E b. In Paragraph 5.D. under Contract Amount, the overtime labor rate for a mechanic E shall increase from $113.92 to $121.32 and the hourly rate for a mechanic plus helper shall increase from $151.90 to $161.77, for hours other than the normal working hours as stated above, including holidays, with an effective date of April 0 1, 2023. X 0 All other provisions of Paragraph 5 D., not changed herein, remain the same. CL 2. In accordance with Paragraph 6 of the Original Agreement, the annual CPI-U adjustment, i 0 is amended as follows: N 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 E be based upon the CPI-U computation at December 31 of the previous year and the labor rates shall thereby be adjusted six and five tenths percent (6.5%) based E upon the CPI-U computation on December 31, 2022, with an effective date of E April 1, 2023. 3. In accordance with the Original Agreement, Paragraph 6, Term of Agreement, the N Q County shall exercise its option to renew the Original Agreement for the second of two (2) N LO optional one-year periods. This one (1) year renewal term shall commence on April 1, 2023, and N ends upon March 31, 2024, unless terminated earlier under Paragraph 20 of the Original Q Agreement. E 4. The first paragraph only of Paragraph 10, HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE, of the Original Agreement, as amended, is hereby amended to 2 Packet Pg. 232 delete the current first paragraph of Paragraph 10, as set forth in the Original Agreement and replace it in its entirety with the following first paragraph: 10. HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in N this agreement, the Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and .2 against (i) any claims, actions or causes of action, (11) any litigation, > administrative proceedings, appellate proceedings, or other proceedings relating W to any type of injury (including death), loss, damage, fine, penalty or business 06 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 U connection with, (A) any activity of the Contractor or any of its employees, >< X agents, contractors or other invitees during the term of this Agreement, (13) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub- contractors or other invitees, or (C) the 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 E County or any of its employees, agents, contractors or invitees (other than the E Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability 0 shall be as set forth in the insurance requirements included in Paragraph 10 herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of X 0 this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. CL i 0 All other subsequent paragraphs, after this initial first paragraph, currently contained within N Paragraph 10 of the Original Agreement, as amended, remain the same. E 5. Except as set forth in Paragraphs I through 4 of this Fourth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, E remain in full force and effect. E N Q CN [REMAINDER OF PGE INTENTIONALLY LEFT BLANK] LO [SIGNATURE PAGE TO FOLLOW] CN Q E 3 Packet Pg. 233 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. N .0 (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA .2 By: By: 06 Deputy Clerk Mayor U Date: 0 Witnesses for CONTRACTOR: IONTRACTOR: SUB-ZERO, INC. E E Signature of perso/lad'u'lorized to Signature legally bind SUB-ZERO, INC. C, Printed Name: Date: Date Print Title J LT CL I Address: 0 0�),c c4c 4) N Signature Printed Name:?,,)iz,u Telephone Number E Date E E cn CN Q CN LO CN Q MONROE COUNV ATrORNEY'S OFFICE ED^S TO E PATRICIA EABLES ASSIS`ANT fOO/�W2Y ATTORNEY DATE: 4 Packet Pg. 234 GV�S COURTq c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN if DATE: March 18, 2022 TO: Alice Stervou Contract Monitor FROM: Liz Yongue, Deputy Clerk 06 SUBJECT: March 16'BOCC Meeting d Attached are copies of the following items for your handling: X C2 211d Amendment to Agreement with Air Mechaiiical& Sel-NIlice Corp. for Chiller Maintenance and Sel-N11ice iii Monroe Comity, for a 7% CPI-U nicrease, clarifying ductwork and pipiiig insulation repair and replacement work rates,renew for the first of two optional one-year renewals, and update contract provrisions. Ftuiduig is ad valorem. C4 3rd Amendment to Agreement with Sub-Zero, Inc.,for Lower Kevs HVAC Maintenance& Sel-N11ice,for a one-year renewal, a 7% CPI-U nicrease, and changes to contract �E provrisions. Ftuiduig is ad valorem. 0 Should you have any questions please feel free to contact me at (305) 292-3550. U- c� x 0 CN cN cN i i E E cc: Cotulty Attorney Finance a� File E c� 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. 235 THIRD AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, F1,ORIDA N This, Third Amendment to Agreement is made and entered into this 16th day of March, 2022, 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. ("("ONTRACTOR"), a Florida corporation, whose address is 6003 Peninsular 06 Ave.,No, 5, Key West, Florida 33040, WHEREAS, the parties, hereto did on March 21, 2019, enter into an Agreement for U 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 ten-nination 0 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 E WHEREAS, the: parties hereto did on March 17, 2021, enter into a Second Amendment E to Agreement to amend the Original Agreement to increase payment amounts by the annual CPl- U adjustment of 1,4% as of December 31, 2020, pursuant to the terms of the Original 0 Agreement, and to update and/or add current revisions pursuant to County ordinances and/or Federal required contract provisions; and x W i 0 WHEREAS, this Third Amendment to Agreement is to amend the Original Agreement N to increase payment amounts by the annual CPI-U adjustment of(seven) 7% as of December 31, 2021, to renew the Original Agreement for an additional one-year period, and add or modify en additional provisions and certain Federal required Contract Provisions, pursuant to the termsof N N Q the Original Agreement; and C14 WHEREAS, the Contractor agrees and consents to such revision in the Original Agreement; and E WHEREAS, the parties have found the Original Agreement, as amended to be mutually beneficial; and E WHEREAS, the parties find it would be mutually beneficial to amend its Original M Agreement and enter into this Thi rd.Amendment to Agreement; and E NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows- 1. Paragraph 5.D., Payments to Contractor, of the Original Agreement is hereby amended pursuant to the annual CP1-U adjustment of seven (7%) as of December 31, 2021, as follows: Packet Pg. 236 a. In Paragraph 5.D. under Contract Amount,, the hourly labor rate for a mechanic shall increase from $89.23 to $95.48 and the hourly labor rate for a mechanic plus, helper shall increase from $13,0.81 to $,1391.97, during normal working hours of 8.00 am to 5:00 pm, Monday through Friday, excluding holidays, with an 6 effective date of April 1, 2022, N b. In Paragraph 5.D. under Contract Amount, the overtime labor rate for a mechanic shall increase from $106.47 to $113.92 and the hourly rate for a mechanic plus .2 helper shall increase from $141.9,6 to $151.90, for hours other than the normal 2.1 0) working hours as stated above, including holidays, with an effective date of April (n 06 1, 2022. All other provisions of Paragraph 5 D., not changed herein, remain the: same, U 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 0 change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for a all Urban Consumers as, reported by the U.S. Bureau of Labor Statistics, and shall 0 E be based upon the CPT-U computation at December 3:1 of the previous year and the labor rates shall thereby be adjusted seven (7%): based upon the CPI-U E computation on December 31, 2021, with an effective date of April 1, 2022. 3. In accordance with the Original Agreement, Paragraph 6, Term of AZreement, the 0 County shall exercise its option to renew the Original Agreement for the: first of two (2) optional one-year periods. This, one (1): year renewal option shall commence on April 1, 2022, and ends X W I upon March 31, 2023, unless terminated earlier under Paragraph 20 of the Original Agreement. 0 N 4. Paragraph 13, NONDISCR.IMINATION, of the Original Agreement, as amended, Is W I hereby amended to delete the current paragraph 13 as set forth in the Original Agreement, and N N replace it in its entirety with the following paragraph: 13. NONDISCRIMINATION/EOVAL EMPLOYMENT OPPORTUNITY CONTRACTOR 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 E competent jurisdiction that discrimination has occurred, this, Agreement automatically terminates, without any further action of the art of any party, p E effective the date of the court Order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as, applicable, relating to nondiscrimination. This include but are not limited to: 1) E Title VII of the Civil Rights Act of 1964, (PL 88-352) which prohibits, discrimination on the basis, of race, color or national origin;, 2) Title IX of the Fducation Amendment of 1972, as amended (20 USC s,s. 1681-1683, and 1685- 16 6), 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 FPacket Pg. 237 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 N nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss,. 523 and 527 (42 USC s:s. 690dd-3 and 290:ee-3:), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) 'ritle VIII of Civil Rights, Act of 1968 (42 USC s. et seq.), as amended, relating M to nondiscrimination in the sale, rental or financing of housing; 9) The Americans 06 with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time,, relating to nondiscrimination of the basis of disability; 10) Monroe U County Code Chapter 14, Article 11, which prohibits discrimination on the basis, of M race, color, sex, religion, 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, to, or the 0 subject matter of this Agreement, E During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, E 19,64-19,65 Comp., p. 31391) as, amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Etnplo�yinent Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract 0 Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix 11, 11 C, agrees as,follows- X W 0 1) The CONTRACTOR will riot discriminate against any employee or applicant N for employment because of race, color, religion, sex, sexual, orientation, gender identity, or national origin. The CONTRACTOR will take affirmative C14 action to ensure that applicants are: employed, and that employees are treated N Q N equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising;, layoff or E termination; rates of pay or other fornis of compensation; and selection for E training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. E 2) The CONTRACTOR will, in all solicitations, or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all, qualified < applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation I Packet Pg. 238 1 em: loyce or applicant or another employee or applicant. This provision shall not apply to instances, in which an employee, who has access to the compensation information of other employees, or applicants as a part of such employee's essential job functions, discloses the compensation of such other 6 employees or applicants to individuals who do not otherwise have access to N such information,, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including,an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. (n 06 4) The CONTRACTOR. will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract U or understanding, a notice to be provided advising the said labor union or workers' representative of the CONTRACTOR'S commitments under this M U) section, and shall post copies, of the notice in conspicuous places available to employees and applicants for employment, 5) The CONTRAcrOR- will comply with all provisions of Executive Order 0 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, E and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the 0 Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. X W i 7) In the event of the CONTRACTOR'S non-compliance with the 0 0 nondiscrimination clauses of this contract or with any of the said rules, N .0 regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for CN further Government contracts or federally assisted construction contracts in CN Q CN accordance with procedures authorized in Executive Order 11246 of (01 September 24, 1965, and such other sanctions may be imposed and remedies, I invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,, or order of the Secretary of Labor, or as otherwise provided E by law. 8,) The CONTRACTOR will include the portion of the sentence immediately E preceding paragraph (1) and the provision of paragraphs (1) through (8) in < every subcontract or purchase order unless, exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order H 246 of September 24, 1965,1 so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such E action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering Packet Pg. 239 agency the CONTRACTOR may request the United States to enter into such litigation to protect the: interests of the United States,. 5. Paragraph 18, NOTICE REQUIREMENT of the Original Agreement, as amended, is 7 0- hereby amended to delete the current paragraph 18, as set forth in the Original Agreement, and 0) replace:it in its entirety with the following paragraph: N 18. NOTICE REQUIREMENT .2 All written correspondence to the COtJNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any written notices or (n correspondence required or permitted under this Agreement shall be sent by 06 United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same U as set forth herein until changed in writing in the manner provided in this X paragraph. Notice is deemed received by CONTRACTOR when hand delivered U) by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: 0 FOR COUNTY: FOR CONTRACTOR:� E Monroe County Sub-Zero, Inc. Facilities Maintenance Department 6003 Peninsular Avenue E 1,23 Overseas Highway—Rockland Key Key West, FL 33040 < Key West, FL 33040 a and 0 County Attorney 1h x I I 11 12 Street, Suite 408 W Key West, FL 33040 0 N 6. Paragraph 20, TERMINATION, of the Original Agreement, as amended, is hereby 9 amended to add subparagraph F as follows,, with all other provisions of Paragraph 20, A thr CNough CN Q E, to remain the same: CN M 20. TERMINATION F. For Contracts, of $1,0:00,000 or more, if the: County determines that the E 'a Contractor/Consultant submitted a false certification under Section 287.13:5(5),, Florida Statutes, or if the Contractor/Consultant has been E placed on the Scrutinized Companies with Activities, in the Sudan List, the Scrutinized Companies, with Activities, in the [ran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, the E 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 287.1325,(4), Florida Statutes, are net. Packet Pg. 240 T Paragraph 25, ADJUDICATION OF DIli u'rES OR DISAGREEMENTS, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 25, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph. 25. ADJUDICATION OF DISPU7'ES OR DISAGREEMENTS, 6 COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of N 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 .2 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 06 Agreement or by Florida law, This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of paragraphs 13 or 20 concerning termination or cancellation. U U) Paragraph 37, PUBLIC ENTI,ry CRIME INFORMATION STATEMENT, of the Original Agreement, as: amended, is hereby amended to delete the current paragraph 37, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 0 37. PUBLICE ENTITY CRIME INFOR. MATION STATEMENT E "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, proposal, or reply on E a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply 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 0 property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and X W may not transact business with any public entity in excess of the threshold amount I 0 L_ provided in Section 287,017, Florida Statutes, for CAT EGORY Two for a period 0 N of thirty-six (361) months from the date of being placed on the convicted vendor list." N N Q 9. Paragraph 43.1, Clean Air Act (42 U,S.C. §§7401-7671q.),. and the Federal Water CNI Pollution Control .............A-ct (33 U S.C. §125�1-1387_,_4 zy jjjjeA, of the Original Agreement, as M amended, is hereby amended to delete the current paragraph 431.1 as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following E paragraph: 43.1 Clean Air Act (42 U.&Q. §§1401-7671q.) and the Federal Water E Pollution Control Act (33 US.C. �125_1-1_387, as ameA �d_._Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 US.C. §§7401-767]q) and the Federal Water Pollution Control Act, as amended (33, U.S.C. 125,1- E 1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§,1251-1387), as amended, applies to Contracts, and subgrants, of amounts in excess of $,150,000. The 6 Packet Pg. 241 contractor agrees to include these requirements in each subcontract exceeding $1 0,000 financed in whole or in part with Federal assistance provided by FEMA/Fcderal agency. The Contractor agrees to report each violation to the COUN17Y, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to N FEMA/F'ederal Agency and the appropriate EPA Regional Office, .2 10. Paragraph 43.2, Travis-Bacon_Act as amended 40 of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.2, as set forth in 06 the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: U 43.2 Davis-Macon Act, as amended (40 U`.S.C. I > 4 t.-3j 4& . When required U) by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction 0 contracts in excess of$2,000, for the construction, alteration, or repair (including painting and decorating) of public buildings or public works, awarded by non- E Federal entities must comply with the Davis-Bacon Act, (40 U.S.C. 3141-3144 and 3146-3148), as supplemented by Department of Labor regulations, (29 CFR E Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), In accordance with the statute, CONTRACTORS: must be required to pay wages to laborers and mechanics at a 0 rate not less than the prevailing wages, specified in:, a wage determination made by the Secretary of Labor, In;, addition, CONTRACTORS must be required to pay X W I wages riot less than once a week. If applicable, the COUNTY must place a copy 0 of the current prevailing wage deter-nination issued by the Department of Labor N in each solicitation (attached hereto as Exhibit "A - Revised" to Original Agreement and made a part hereof), The decision to award a contract or N subcontract must be conditioned upon the acceptance of the t i i wage deter-nna CN 9 on. Q The COUNTY must report all suspected or reported violations to the Federal 1 W awarding agency. V-I When required by Federal program legislation, which includes Emergency E Management Preparedness Grant Program, Homeland Security Grant Program,, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, E Port Security Grant Program and Transit Security Grant Program (it does not < apply to other FEMA grant and cooperative agreement programs, including the 'a Public Assistance Program), the CONTRACTORS, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, E must also comply with the Copeland "Anti-kickback" Act (40 U.&C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants, from, the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion,, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal wAln-rd III(x Packet Pg. 242 agency. The CONTRACTOR shall comply with 18 U.S.0 74, 40 U.S.C. § 3145, and the requirements of 29 CIA. pt. 3 as may be applicable, which are incorporated by reference into this contract. 1) Contractor. The CONTRAcTOR shall comply with 18 U&C. §874, 40 0 U .C. § 3145, and the requirements of 2 C,F.R.. Part 3 as may be 0 N applicable, which are incorporated by reference into this contract. ii) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 06 prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii), Breach. A breach of the contract clauses above may be grounds for U termination of the contract, and for debarment as a contractor and M subcontractor as provided in 29 C.F.R. 5.12. Additionally, in accordance with the regulation, each contractor and 0 subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti- 'a Kickback Act and the Davis Bacon Act during the preceding 'weekly payroll period. The report shall be delivered by the contractor or subcontractor, within E seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building 0 or work. X III 11. Paragraph 43.3, Contract Work Hours and...5Afety Stqq_o_qrds Act U.S.C. 701- 1 0 3M, of the Original Agreement, as amended, is hereby amended to delete the current N paragraph 43.3, as set forth in the First Amendment to Original Agreement, and replace it in its entirety with the following paragraph: N N Q 43,.3 Contract Work Hours and Safety Standards Act_,L4()LJjI,3.(I §§3701-.3708 CNI . ..... . W Where applicable, which includes all FEMA grant and cooperative agreement programs,, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. .§§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR E Part 5). Under 40 U.S.0 3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of E forty (40) hours. Work in excess of the standard work, week is permissible provided that the worker is compensated at a rate of not less than one and a half M times the basic rate of pay for all hours worked in excess of forty (40) hours in the work, week. The requirements of 40 U.S.C. 3704 are applicable to construction E work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous,. These requirements do not apply to the purchases of supplies or materials, or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. Packet Pg. 243 (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is, employed on such work to work in excess 0 of forty hours, in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of N pay for all hours worked in excess of forty hours, in such workweek. W 1 (2) Violation; liability for unpaid wages; liquidated damages. In the event of any 0 .2 violation of the clause set forth in paragraph(b)(1) of 29 C.F.R. §5.5, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages, In addition, such contractor and subcontractor shall be liable to 06 the United States, (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated U damages. Such liquidated damages shall be computed with respect to each > individual laborer or mechanic, including watchmen and guards, employed in U) violation of the clause set forth in paragraph 29 C.F.R. 5,5(b)(l), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of 0 the overtime wages required by the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, E (3:) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative E of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime 0 contractor, or any other federally-assisted contract subject to the Contract Work flours, and Safety Standards Act, which is held by the same prime X contractor, such sums as may be determined to be necessary to satisfy any W 0 liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2), N (4)Subcontracts. The contractor or subcontractor shall insert in any I I N subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1) through (4) N and also a clause requiring the subcontractors to include these clauses in any N lower tier subcontracts, The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 CYR 5.5 (1) through(4), E 12, Paragraph 43.,5,, Debarment and Suspension Executive Orders 125149 andj2689), of the E Original Agreement, as amended, is hereby amended to delete the current paragraph 43,.5, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the M following paragraph: E 43.5 Debarment and Suspension (Executive Orders 12549 andjZ689 . A contract award under a "covered transaction" (see 2 C.F.R., §180:.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.. Part 180 that implement Executive Orders 12549 (3, CFR part 198,6: Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F'.R. Part 3000 Packet Pg. 244 (Nonprocurement Debarment and Suspension). SAM Exclusions contains, the names: of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www �y�.samgo -6 � ............. Contractor L- is required to verify that none of the contractor's principals (defined at 0 N 2 CYR §180.9'3 or its affiliates (defined at 2 CTR §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §1 8,0.935). The contractor must comply with 2 CYK pt. 18:0, subpart C and 2 CY.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material W 06 representation of fact relied upon by the COUNTY, If it is later determined that the contractor did not comply with 2 C.F.R. pt. 18,0, subpart C and 2 C.F.R. pt. 2 3000, subpart C, in addition to remedies available to the COUNTY, the Federal U Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to: comply with the U) requirements of 2 C.F.R. pt. 180, subpart C and 2 CYR. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder Or Proposer further agrees to include a provision 0 requiring such compliance in its lower tier covered transactions. E 13. Pararaph 435, Debarment and SpMen jqcutive Orders 12549 and 26U9 , of the L_ .__L E Original Agreementg ,.as amended, is bereb on Ex :y amended to delete the current paragraph 43,.5, as set forth in the First Amendment to the Original Agreement, and replace it in its, entirety with the following paragraph: 0 43.5 Debarment and........Sus q on (E.xecutive Orders 12549 and.. 126U..9 . A .............................. X W contract award under a "covered transaction" (see 2 C.F.R. §.180.220) must not be i 0 made to parties listed on the government wide exclusions in the System for N Award Management (SAID), in accordance with the OMB guidelines, at 2 C.F.R. Part 18,0 that implement Executive Orders 12549 (3 CFR part 1986 Cornp., p. 18,9) and 12689 (3 CFR part 1989 Comp., p. 23,5), "Debarment and Suspension"' N N and the Department of Homeland Security's regulations, at 2 C.F.R. Part 3000 C41 (Nonprocurement Debarment and Suspension), SAM Exclusions contains the T- names of parties debarred, suspended, or otherwise excluded by agencies,, as, well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at ww wa.s-q—M.gov E 'a Contractor is required to verify that none of the contractor's, principals ((defined at 2 C.F.R. §180.9351); or its affiliates (defined at 2 C.F.R. §18:0.905) are excluded E (defined at 2 C.F.R. §180.940:) or disqualified (defined at 2 C.F.R. §18,0.9135). The contractor must comply with 2 CYR pt. 180, subpart C and 2 C.F.R. pt. 30001" subpart C, and must include a requirement to comply with these regulations in, any lower tier covered transaction it enters into. This certification is a material E representation of fact relied upon by the COUNTY. if it is later determined that the contractor did not comply with 2 C.F.R. pt. 18,0, subpart C and 2 CYR pt. 3000, subpart C, in addition to, remedies available to the COLNTY, the Federal Government may pursue available remedies, including but not limited to: suspension and/or debarment. Bidders or Proposers agree to comply with the requirements, of 2 C.F.R. pt. 18,0, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise Packet Pg. 245 from this offer, The Bidder or Proposer further agrees to -include: a provision requiring such compliance in its lower tier covered transactions. 14. Paragraph 43.6, yjd Anti-Lobby.ing Amendr pnt 31 U.S.C._j..L......... ............. of the Original Agreement, as amended,, is hereby amended to delete the current paragraph 43.6, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 43.6 Byrd Anti-Lobbying Amendmpnt 31 U.S.C. 2 . CONTRACTORS ............ 0 L_ that apply or bid for an award exceeding $10:0,000 must file the required 0) N certification, Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other 06 award covered by 31 US.0 13152. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal U award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit "B" to, Original Agreement U) and made a part hereof, must be signed and submitted by the Contractor to the County. 0 15. Paragraph 43.7, Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322, of the Original Agreement, as amended, is hereby amended to delete:the current E paragraph 43.7, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph, E 43,.7 "fit r i liance with Procurement of Recovered Materials as set forth in 2 CYK §200.322. CONTRACT 60 OR must comply with Section 02 of the Solid 0 Waste disposal Act, as, amendment by the Resource Conservation and Recovery Act. Tbe requirements of Section 600!2 include procuring only items designed in X W guidelines of the Environmental Protection Agency (EPA) at 40 CYK Part 247 1 0 that contain the highest percentage of recovered materials practicable, consistent N with maintaining a satisfactory level of competition, where the purchase price of the item exceeds, $10,000 or the val6c of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management N N services in a manner that maximizes energy and resource recovery; and CN establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired E 1. Competitively within a timefirame providing for compliance with the contract performance schedule; E 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web-site, E li,ttp:s://www.ep:a.gov/smm/comprehensive-procuremeiit-guideliiie-cpg-prograni. Packet Pg. 246 The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste 'Disposal Act. 16. Paragraph 43.13, D14S Seal, Logo, and Flags, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 43.13, as set forth in the First Amendment to the Original Agreement, and replace it in its entirety with the following paragraph: 4 .13 MIS_Seal Logo and Flays. Contractor shall not use the Department of' Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of N DHS, agency officials without specific FEMA pre-approval. The Contractor (n shall include this provision in any subcontracts. .2 IT Paragraph 43.14, Compliance with Federal Law, Regulations, and Executive Order, of 06 a the Original Agreement is hereby amended to delete the current Paragraph 43.14, as set forth in 2 the First Amendment to the Original Agreement, and replace it in its entirety with the following U paragraph: X U) 43.14 Co 1 arid Executive Order, This, is Bane with Federal La.wK, R �e an acknowledgement that FEMA financial assistance may be Used to fund a]I or a 0 portion of`the contract The contractor will comply will all applicable federal law, 3: p 0 regulations, executive orders, FEMA policies, procedures, and directives, E I& Paragraph 44, of the Original Agreement, as amended, is hereby amended to delete the current Paragraph 44, as set forth in the First Amendment to the Original Agreement, and replace E it in its entirety with the following, paragraph, 0 44. The Contractor is bound by the terms and conditions of the Federally- U Funded S,ubaward and Grant Agreement between County and the Florida 0 X Division of Emergency Management (Division) found at the following W 0 link on the Monroe County webpage and incorporated by reference. 11qp,//)yLALw.mqnr(j coup -fl_.&o depi i:4,ptagLeet,11eLpt N - 19. The Original Agreement, as amended, is hereby amended to add the following as CN CN Q Paragraph 47, ETHICS Cl.,AUSE, and shall read as follows: C14 47. ETHICS CLAUSE "CONTRACTOR warrants that it had not employed, retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition E of Section 2 of Ordinance No. 0,10-1990 or any County officer or employee in E violation of Section 3 of Ordinance No. 020-19901. For breach or violation of this provision the County may, in its discretion,, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee," E 12 Packet Pg. 247 20. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 48, UNCONTROLLABLE CIRCUMSTANCE, and shall read as follows: 48. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this N Agreement will be excused to the extent that the delay or -failure was caused (n directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if .2 it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in W the geographic area of the Project; (c) war, invasion, hostilities, (whether war is 06 declared or not), terrorist: threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area U of the Project; (e) actions, embargoes, or blockades in effect on or after the:date of > this A reement; (f): action by any governmental authority prohibiting work in the 9 U) geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions: or 0) contract disputes will not excuse performance by Contractor under this Section. 3:0 Contractor shalt give County written notice within seven (7) days of any event or Circumstance that is, reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. E Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and E resume full perfon-nance: under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only seek additional time at no cost to the County as the Owner's Representative 0 may determine, X W i 0 21. The Original Agreement, as amended, is hereby amended to add the following as 0 N Paragraph 49, E-VERIFY S,�YF.F,�.M,and shall read as follows,: CN CN 49. E-VERIFY SYSTEM CN Beginning January 1, 2021, in accordance with Fla. Stat. Sec. 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 E of the Contract and shall expressly require any subcontractors performing work or providing services, pursuant to the Contract to likewise utilize the U.S. E Department of Homeland Security's F-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 4i a subcontractor does not employ, contract with, or subcontract with an unauthorized 0 E alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., See. 448,095. Packet Pg. 248 C.5.b 22. Except as set forth in Paragraphs 1 through 21 of this Third 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. TNESS WHEREOF, the parties hereto have set their hands and seals the day and year rst e written. 00 23 U BOARD OF COUNTY COMMISSIONERS ,1 VIN MADOK, CLERK OF MONR;07 RIDA 'p�`NYY T�✓N By: U As eputy ,1 rk Mayor V) Date: 1511 t0 170.2z Date: 3 j 1 L 1ZG2Z 0 jPrinted s for CONTRACTOR: CONTRACTOR: SUB-ZERO, INC. �d Signa re f per'so a 1iorized to e legally bind SUB-ZERO, INC. a e: Date: -*/LL-�02Z Date Print Name and Title Addresskawl P;_ elate - Signature Printed Name: I t��L —0� q2�3 Telephone Number � Date E ``anti►►+,u,,,,,�� ,.��Ry p��.,, � „ � `" 2/2112026 �N� �� ' MOfiiROE CEw�ATTO�EV St�F4CE � U' Samanth — _ a Yeoman _ C, PATRIC%t"ABLES my commission ASStSTATIOF�tdEY CO � FfF!231833 DATE: 117 Packet Pg. 249 C.5.b EXHIBIT "A - REVISED n DAVIS BACON WAGE STATEMENT 06 E E 0 x 0 CN CN CN w cn a 0 E E cn E u 15 Packet Pg. 250 2/2e/22. 11:41 PM aAM.00, "General Decision Number: FL20220022 02/25/2022 Superseded General Decision Number: FL20210022 State: Florida Construction Type: Building County: Monroe County in Florida. = BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis-Bacon Act are generally � required to pay at least the applicable minimum wage rate LO � required under Executive Order 14026 or Executive Order 13658. � Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself' but do not apply to contracts subject only to the Davis-Bacon Related Acts' 5c including those set forth at 29 [FK 5.1(a)(2)-(60). applicableJIf the contract is entered Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. Irenewed or extended (e.g., an 1 . The contractor must pay loption is exercised) on or I all covered workers at the applicable wage rate listed on this wage determination, if it is higher) for all hours 0 spent performing on the contract in 2022. JIf the contract was awarded onl . Executive Order 13658 1 lor between January 1, 2015 andl generally applies to the Icontract is not renewed or The contractor must pay alll lextended on or after January covered workers at least I -- —g- rate —listedl N| on this wage determination, 1 W if it is higher) for all I hours spent performing on I �n that contract in 2022. The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the E Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this �n wage determination' the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at °~ https://www.dol.gov/agencies/whd/government-contracts. Modification Number Publication Date 0 01/07/2022 1 01/14/2022 2/28/22, 11:41 PM SAM.gov 2 02/25/2022 ELECO349-003 09/01/2021 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 37.61 11.72 ---------------------------------------------------------------- ENGI0487-004 07/01/2013 Rates Fringes OPERATOR: Crane cis All Cranes Over 15 Ton Capacity. . . . . . . . . . . . . . . . . . . .$ 29.00 8.80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and Under. . . . . . . . . . . . . . . . . . . . . . .$ 22.00 8.80 ---------------------------------------------------------------- U IRONO272-004 10/01/2021 > Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 26.00 14.16 ---------------------------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 20.21 12.38 E ---------------------------------------------------------------- SFFLO821-OO1 12/31/2021 0 Rates Fringes c� SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 30.63 21.09 0 SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct I Installation). . . . . . . . . . . . . . . . . . . .$ 23.50 12.18 ---------------------------------------------------------------- * SUFL2OO9-059 05/22/2009 Rates Fringes E CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 5.07 E CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 ** 0.00 E LABORER: Common or General. . . . . .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete). . . . . . . . .$ 9.58 ** 0.00 https:Hsam.gov/wage-determination/FL20220022/2 Packet Pg. 252 2/28/22, 11:41 PM SAM.gov C.5.b OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 2 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . .$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. U ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher �e minimum wage under Executive Order 14026 ($15.00) or 13658 ($11.25) . Please see the Note at the top of the wage 0 determination for more information. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave E for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. 0 Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at C14I https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification E and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers https:Hsam.gov/wage-determination/FL20220022/2 Packet Pg. 253 2/2e/22. 11:41 PM aAM.00, A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ^^SU^^ or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification' which in this example would be Plumbers. 0198 indicates the local union number or district council number � where applicable' i.e.' Plumbers Local 0198. The next number' N 005 in the example' is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate' which in this example is July l' 2014. Union prevailing wage rates are updated to reflect all rate u� changes in the collective bargaining agreement ([BA) governing J� this classification and rate. Survey Kate Identifiers > :c Classifications listed under the ''''SU''" identifier indicate that w no one rate prevailed for this classification in the survey and �e the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey' it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which E these classifications and rates are based. The next number' 007 in the example' is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion o U_ date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Kate Identifiers N Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those Q classifications; however' 100% of the data reported for the w| classifications was union data. EXAMPLE: UAVG-0H-0010 W | 08/29/2014. UAVG indicates that the rate is a weighted union �n average rate. 0H indicates the state. The next number' 0010 in the example' is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of < each year, to reflect a weighted average of the current negotiated/[BA rate of the union locals from which the rate is based. ---------------------------------------------------------------- _ WAGE DETERMINATION APPEALS PROCESS l. ) Has there been an initial decision in the matter? This can be: 2/2e/22. 11:41 PM aAM.00, * an existing published wage determination ^---------~ * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters' initial contact' including requests for summaries of surveys' should be with the Wage and Hour National Office because National Office has responsibility for � the Davis-Bacon survey program. If the response from this N initial contact is not satisfactory' then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here' initial contact should be with the Branch of Construction Wage Determinations. Write to: u� � Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor > 200 Constitution Avenue' N.W. M Washington' D[ 20210 � 2.) If the answer to the question in l.) is yes' then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 [FK Part 1.8 and 29 [FK Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue N W E ' . . Washington' D[ 20210 The request should be accompanied by a full statement of the o interested party's position and by any information (wage payment data, project description' area practice material' etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable' an interested party may appeal directly to the Administrative N Review Board (formerly the Wage Appeals Board) . Write to: CN CN Administrative Review Board Q U.S. Department of Labor w| 200 Constitution Avenue' N.W. | Washington' D[ 20210 M 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DE[ISI0" ~� � M C.5.b 2 EXHIBIT "B" 0 en 06 BYRD ANTI-LOBBYING CERTIFICATION u CN CN CN w cn a 0 E E cn E 16 Packet Pg. 256 C.5.b APPENDIX A. 44 C.F.R. PART 18 - CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements N The undersigned certifies, to the best of his or her knowledge and belief, that: 2 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the 2.1 undersigned, to any person for influencing or, attempting to influence an officer or employee of an agency, a Member of Congress,ess, an officer or employee of Congress, or an 06 employee of a Member of Congress in connec on with the awarding of any Federal contract,the m aka ng of any Federal grant, the making of any Federal loan,the entering into of any cooperadve agreement, and the extension, continuuadon, renewal, amendment, or modificadon of any Federal contract, grant, loan, or c<.operadve agreement. U) 2 If any funds ether than Federal appropriated funds have been paid or-will be paid to any person for influencing or,attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee 0 of a Member of Congress in connec on with this Federal contract, grant, lean, or cooperadvc agreement, the undersigned shall complete and submit Standard Form L f,, "Disclosure Form to Report Lobbying," in accordance with its instruucdons. � a� 3. The undersigned shall require that the language of this certilncadonbe included in the award documents for all suu.bawards at all triers (including subcontracts, � subgrants, and contracts under grants, loans, and c<.operadve agreements) and that all 0 subrecipients shall certify and disclose accordingly. TNs certificadon is a material � representadon of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certlficadon is a prerequisite for making or entering into I this transaction imposed by section l352, tutle 3l, 1.7.S. Code. Any person who fails to lisle the required certnfication shall be subject to a civil penalty of not less than $l 0,000 and � not more than $100,000 for each such failuure. N N The Contractor, certifies or affirms the truthfulness and CNi accuracy of each statement of its certification and disclosure, if any. In addition, i the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. E E Signature of Contractor's Authorized Official Name and Title of Contractor's Authorized Official Date c� P,igc, II 02 d o f ll_0 Packet Pg. 257 DISCLOSIURE OF LOBBYING ACTWITIES CCEMME71,MM FOPIUM DrI'IInSB,LCJBBYMM,a ACTMUTESPU&SUAIrrDI 31JUS CA351, L Type of Federal Action. I. Status,offedex-dActiou: I Report Type: ❑a conlract 3,init,at 0 b gran b. Luirialawmd b UMIEMIJ ChZM@e r. cooplffluffvv agseeulw. C. po,..t-awwd N d, 1AIM For Material Claw Omh,-: a. [am Tanraraee 'Fen 0 -7 ' �oar . — 2017P f �invmmce date of IM.7 report I. Nameamd Address DfRepoTfimgImt&,, S. If Repealing Emfity im No-41 is Submvxrdec .2 EnteT Xmn*mid�kddres.s of Pnme,-. ElZrime E-1SdbmwFLr&,e Tier_ Lf knomm 06 CAugressiona!]District.,,if Qmoum Comgressionir', RA DutT ,Lf knom u< 6. Fedum]DepartmembAgmucy: Federal Pro jTam.NamelDewripficen: > U) CFDA Number,LE'a"licable Feder,m,]Ac,tiamiNu!!mber,iftnoThm: 9. Award Ammoamt uf hmowm: 0 10. a. ".Mme azdAddresz,of Lobby Embty b. Indhi&uIs,Performing Semces (inchLdmf �,U mishm,iduaL last name,&wname,Ml� and is if&ffereal Erom No�I 0a) E riaat Mame,finvnaum,MIJ E (azlarh Comlimi--Mozi mpce=y' 0 IL Amieumt caf'Psymf(mi(,hwKk ad]ffixtappiNi 13. Typ*af Ppmeni Olwck all Ohm apPly')' ❑n c rahl ❑ -ed F—I a, ret kmr pla., F—I b. one-mane fie x w 12.. Form of Paymecut(Oeck Al that apply)- C, cou= Sijon I 0 F—I a, cash d. rmtfllgear5m F—] b im-hind, eras': natwe e deferred N vakA f O&EFspauh, 14., BneiDes,criptiam cf'SernCeS PP.rfOTM&d oz to be performed and Date(i)dSurke,bacludJmg CN or memb,@T"s costa cted,fir Pzymemi Indicated in Item 11: CN C14 coulm' 'Intim,St eetrj)if Mecessmry) 19. Coutimowbom Sh*,@.I(o oftached: 'Yes ❑ No F-I 16. hf6muadau rKmit1ad tL-mSh this�form vi,,vz&ia.mzgd,by Tid,&.K U,S.C" Sectica L312 The dis-fwa,oari®of lcbkm-mg E Sipahze: mHmrz u. L e tar ire cox k,,a tuiaclon PrMI N73ME, E mpamd,to CcupQvi ate-Lmum]Lv xuixLU b&a7ah,3V&,Lr 9 kM.,iFQc6au Tide: &,�,k'vum a3a bv1,Aj;zt tom chil PQMIrhe afmict kq"I"LM SUND'u"C'for N'O.° Date: Autherized fw Loral Reprodixh,m Fecle rml U7,e Ouly": 'Sim i2ffd,Form,-LLL ca 2-6ic KART I�COUIN7Y Flage, II 03 d u fll.06 I Packet Pg. 258 C.5.b INSTRUCTIONS FOR COMPLETION OF SF—LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352.The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered N Federal action.Attach a continuation sheet for additional information if the space on the form is inadequate.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and a Budget for additional information. <y 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, U previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District ifknown.Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify t) the tier of the subawardee, e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,ifknown. 0 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,ifknown. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, E the application/proposal control number assigned by the Federal agency).Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. �y (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last X Name,First Name and Middle Initial(M1). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity 0 (item 10).Indicate whether the payment has been made(actual)or will be made(planned).Check all boxes that apply.If this b0 is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. N 13. Check the appropriate box. Check all boxes that apply. Ifother,specifynature. N 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the �I date(s)of any services rendered.Include all preparatory and related activity not just time spent in actual contact with Federal T_ officials.Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that M were contacted. 15. Check whether or not a continuation sheet(s)is attached. as 16. The certifying official shall sign and date the form,printhis/hername title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including time for reviewing instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of E information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project M 4i (0348-0046),Washington,D.C.20503. SF-LLL-Instructions Rev.06-04- 90«ENDID> E 2-6d PART 21COUNTY Packet Pg. 259 C I ie nt#: 66055 S U BZE C.5.b ACORDTM CERTIFICATE OF LIABILITY INSURANCE DAT/0 12109l2021 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Amanda Lisenbey Acrisure dba Gulfshore Ins-SF PHONE 239 659-8867 FAX 239 213-2803 A/C,No Ext: A/C,No 4100 Goodlette Rd N E-MAIL Naples, FL 34103 ADDRESS: y@g alisenbe ulfshoreinsurance.com INSURERS)AFFORDING COVERAGE NAIC# 239 261-3646 Southern-Owners Insurance 101902.1 0 INSURER A: ° INSURED INSURER B:Owners Insurance 18988 Sub Zero, Inc. INSURER C 6003 Peninsular Avenue#5 06 Key West, FL 33040 INSURER D INSURER E: INSURER F: L) 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS f) 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 INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY X X 2014477520 12/10/2021 12/10/2022 EACH OCCURRENCE $1,000,000 0 CLAIMS-MADE 4 OCCUR PREMISESOEaoccurr nce $300,000 Approved Risk Management MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 E GEN'L AGGREGATE LIMIT APPLIES PER: �(�" �i.,h L"h )� �'""°� """`Pt GENERAL AGGREGATE $2,000,000 � PRO- POLICY ^I JECT LOC � PRODUCTS-COMP/OP AGO $2,000,000 OTHER: 12-22-21 $ B AUTOMOBILE LIABILITY X X 5310466300 12/10/2021 12/10/202 (CEO aB,ideS n1INGLE LIMIT $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ O OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE U X AUTOS ONLY X AUTOS ONLY Per accident $ a A x UMBRELLA LIAB X OCCUR 5310466301 12/10/2021 12/10/2022 EACH OCCURRENCE $5 00O 000 0 EXCESS LIAB CLAIMS MADE AGGREGATE $5 00O 000 DED I X RETENTION$10000 $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I IER (714 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ N OFFICERIMEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ III If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ �3I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) E 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 E 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 c' Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN PO Box 100085-FX ACCORDANCE WITH THE POLICY PROVISIONS. Duluth, GA 30096 AUTHORIZED REPRESENTATIVE ed ©1988-2015 ACORD CORPORATION.All ri hts reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD Packet Pg. 260 #S1753016/M 1752945 AH L18 CERTIFICATE OF LIABILITY INSURANCE 2/2 C.5.b Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIL# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 Insurer C: Insurer D: Insurer E: Coverages 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 U 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. Aggregate , limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LO LTR INSRD Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY) GENERAL LIABILITY Each occurrence Commercial General Liability Damage to rented premises(EA Claims Made11 Occur occurrence) Med Exp U) Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑Project ❑ LOC Approved isk Management Products-Comp/OpAgg 0 AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) a.a Any Auto ds Bodily Injury All Owned Autos 12-22- 1 (Per Person) � Scheduled Autos Hired Autos Bodily Injury Non-Owned Autos (Per Accident) Property Damage (Per Accident) 0 EXCESS/UMBRELLA LIABILITY Each Occurrence cy Occur ❑Claims Made Aggregate Deductible I O A Workers Compensation and x I WC Statu- OTH- Employers'Liability WC 71949 01/01/2022 01/01/2023 tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 LO excluded? NO E.L.Disease-Ea Employee $1,000,000 N If Yes,describe under special provisions below. E.L.Disease-Policy Limits 1 $1,000,000 C!I W Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 Cn Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 84-67-001 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Sub-Zero,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s;,while working in: FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. E 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 certificates@lioninsurancecompany.com Project Name: in ISSUE 12-23-21 (KILT) E U Be in Date:3 5 2012 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY PUBLIC WORKS Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. 3583 S.ROOSEVELT BLVD. ^^ KEY WEST, FL 33040 Packet Pg. 261 C.5.c Kevin Maduk, CPA .�" Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: April 14, 2021 TO: Alice Stery-ou Contract Monitor U FROM: Pamela G. Hanco . .C. U) SUBJECT: Mardi 17" 130CC Meeting Attaclie(l is an electronic copy oI the following item for your liandling: 0 C9 2nd Amendment to Agreement wid1 Sub-Zero, Iric.,for I-c)wcr Keys HVAC Maintenance& Service, fir a 1.4%CPI-1 l increase. Funding is ad vidorem. a E Slxould you lrave any questions please feel free to contact me at (305) 292-3.5.50. 0 c� x i 0 i E E CN i W 00 00 c) i cc: facilities Super►isor CN County Attorney cN Finance File E KEY WEST MARATHON PLANTATION KEY PKIROTH 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 PI 305-294-4641 305-289-6027 305-852-7145 3051 Packet Pg. 262 C.5.c SECOND AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY,FLORIDA , 2 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 06 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. U WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for U) Central Air Conditioning Maintenance and Repair Services to County Lower Keys Facilities (hereinafter"Original Agreement"); and 0 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 E 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 c� 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 of contract provisions;and WHEREAS, the parties have found the Original Agreement, as amended to be mutually en beneficial; and � E 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: i 00 00 1. Paragraph 5.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: i a. In Paragraph 5.D. under Contract Amount, the hourly labor rate for a mechanic Ui shall increase from $89.00 to$89.23 and the hourly labor rate for a mechanic plus N helper shall increase from $129.00 to $130.81, during normal working hours of C14 8:00 am to 5:00 pm, Monday through Friday, excluding holidays, with an effective date of April 1, 2021; b. In Paragraph 5.D. under Contract Amount, the overtime labor rate for a mechanic E shall increase from $105.00 to $106.47 and the hourly rate for a mechanic plus 1 Packet Pg. 263 C.5.c 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 06 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 U 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 1, 2021. X 3. The Original Agreement is hereby further amended to include the following identified as Paragraph 43, FEDERAL CONTRACT REQUIREMENTS, 0 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 § 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, 0� 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 Wi surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, E Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). E (ii)Telecommunications or video surveillance services provided by such entities or using such equipment. i 00 (iii) Telecommunications or video surveillance equipment or services produced or provided by w 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 UI country. c� 43.18 Domestic 2reference for procurements as set forth in 2 CFR 200.322 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 E c� 2 Packet Pg. 264 C.5.c subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: 6 (1) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of en coatings, occurred in the United States. (2)"Manufactured products" means items and 0 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. 06 43.19 Compliance with Federal Law Re ulations 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, X FEMA policies, procedures,and directives. 43.20 No Obli ation b i 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- o Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 43.21 Pro am Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False E Claims and Statements)applies to the contractor's actions pertaining to this contract. 0 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. i 0 i E E [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] CNN W 00 00 U i cN cN M E c� 3 Packet Pg. 265 C.5.c TNESS WHEREOF, the parties hereto have set their hands and seals the day and year ue written. -. BOARD OF COUNTY COMMISSIONERS • '-- `�' EVIN MADOK, CLERK OF MONROE A06 n Y By: c) Deputy berk Mayor Date: Date. 17, 2+x t 0 Witnesses for CONTRACTOR: CONTRACTOR: SUB-ZERO, INC. Signa a of erson au rued to Signature legally bind SUB-ZERO, INC. o Printed Name: q_- Date: z, WX to Print Name and Title o� 0 Address: �9, Y Signature Printed Name:'&C +f' � Telephone Number —J Date cN i W 00 00 3 + � x rz x cN t+1TRIC1A5I1gL�8 -- � �sr t�s an U 4 Packet Pg. 266 C.5.c CERTIFICATE OF LIABILITY INSURANCE 12/28/2020 Producer: Plymouth Insurance Agenc This Certificate Is issued as a matter of Information only and confect no 2739 U.S. Highway 19 N. rights upon the certificate Holder. This Certificate does not amend,extend 0 Holiday, FL 34691 or alter the coverage afforded by the policies below. (727)938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc, & Subsidiarie Insurer A: Lion Insurance Company to 2739 U.S. Highway 19 N. InsurerB: c� Holiday, FL 34691 insurerC: Insurer D: Insurer E: 06 Coverages the policies a insurance listed below have an issued to the insure named above for the policy period indicated. it alanding any requirement,term or condition o any contract mother document win respect 10 which this cerhflcate may be issued or may pertain,the rnsurance afforded by the polldor,described harem is subject to all the terms,exclusions,and conditions of such limits shown may have been reduced b policies. Aggregate y y paid claims. INSR ADDL Policy Effective Policy Expiration LTR INSRD Type of Insurance Policy Nu rntw Date Dale Limits tc (MMIDDIYY) (MMIDd1YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises[EA Claims Made ❑ occur Apprtav d Risk Manag men# accurterce) 0 Walt 4z I Med EVi PU aggregate limit applies per: Personal Adv Injury Policy Project LOC General Aggregate ❑ ❑ 222-2021 Products-Cornp1Op AggTOMOBILE LIABILITY Combined Single Lima Any Auto (EA Accident) ' All Owned Autos bodily Injury 0 Scheduled Autos (Per person) Hired Autos Bodily Injury Non-Owned Autos (Per Accident) U Property Damage 0 x (Per Acc ident) 0 EXCESSIUMBRELLA LIABILITY Each Occurrence 0 Occur ❑C'aims Made Aggregate Deductible to A Workers Compensation and WC.71949 01/01/2021 01101=22 x wC Statu- TOER TH- Employers'Liability 10 Limits Any proprietorlpartnarlexecutive aMcerlmember E.L.Each Accident S1.000,000 excluded? wo E.L.Disease-Ea Employee V.ow.wo 0 tFYes,describe under special provisions below. E.L.Disease-Policy t.imits $1.000.000 Other Lion Insurance Company is A.M.Best Company rated A(Excellent). AMB#12616 C14 Descriptions of Operations/LocationeNehicles!ExclusIons added by Endorsaent/Speclal Provisions: m Client ID: 84-67-001 WI Coverage only applies to active employees)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": 00 00 Sub-Zero,Inc. h" Coverage ant annIiec to i niiiries incumed by South East Personnel Leasing,Inc.&Subsidiarles active employee(S),while working In:FL. Coverage does not apply to statutory employee(s)or independent contractors ❑f the client Co� ( ] mpany 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 certificatesO lion insure ncecompany.corn L I) Project Name: I ISSUE 12-28-20(SS) C°J C®t a a CERTIFICATE HOLDER in Dade:3 5 2012CANCELLATION MONROE COUNTY BOCC Should an of the above described y policies be cancelled before the expirahon date thereof,the issuing � INSURANCE COMPLIANCE insurer will endeavor to mail 3Qdays written notice to the ceoilicate tMdiernaed to the left,Wl failure to do to shall impose no obligation or liability of any kind upon the insurer,Ins agemnts or representatives. i7.0.eox 100085-FX DULUTH. GA M096 Packet Pg. 267 C.5.c From: sstoll@lioninsurancecompany.com To: SubZeroBrenda(ftmail.com SubZeroBrenda@gmail.com CC: monroecountyfl@Ebix.com Subject: Lion Certificate of Insurance For: MONROE COUNTY BOCC Date: 12/28/2020 6:34:32 AM Attachment(s): 06 U DO NOT REPLY TO THIS EMAIL. REPLY TO AND SEND ALL FUTURE REQUESTS TO E CERTIFICATES LIONINSURANCECOMPANY.COM E ONLY. 0 RESPONSES OR CERTIFICATE REQUESTS SENT TO EMAIL ADDRESSES OTHER THAN CERTIFICATES@ LION INSURANCECOMPANY.COM MAY BE DELAYED OR GO UNPROCESSED. E E N This electronic communication is confidential and protected by legal privi 00 leges and work product immunities. If you are not the intended recipient, do not use or disseminate the and 00 _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 Ui and permanently delete the original and any copies or printouts thereof. V- N c� Packet Pg. 268 C.5.c Client#:66053 SURE ACORD. CERTIFICATE OF LIABILITY INSURANCE r OATE(lsM✓DarYYYY, 12115l202Q THIS CERTIFICATE;IS ISSUED AS A NATTER 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. L' IMPORTANT:If the certHkms holder Is an ADDITIONAL INSURED,the policypes)must have ADDITIONAL INSURED proyisions or be endorsed, If SUBROGATION IS WAIVED,subject to the terms and condition e1 the Polley,certain pollcias may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In lieu of Such andorsemen"s). PPIDDUCER E; Amanda Usenbey Acrisure dba Gulfshore Ins-SF 9= 4100 Goodlette Rd N :239 559.8867 Jim.No 239 213.2803 Naples,FL 34103 L . alisenbe ulfshoreinsurance.com U 239 261-3646 W&WE =APPORDING COVERAGE NAIL r < IIISIIRER A:Ssuthem-0wners 1ASUranCe 1019D INSURED Sub Fero,Inc. PosuRER a.Owners Insurance 18988 6003 Peninsular Avenue 05 RnsvRERc` Key West,FL 33040 RNSUW 0: INSURER E: INSURER F; O 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 PERIO(I � INDICATED. NQTVWTHSTAWt)ING ANY REOUIREMENT, TERN{OR CONDIYK)H OF ANY CONTRACT OR OTHER DOCUMENT YHTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SVBJECT TO ALL T ExCLUS HE TERMS. PM iON4 AND CONDITIONS OF SUCH POLICIES. LIA1IT5 SHOM MAY HAVE SEEN REDUCED BY PAID CLAIMS. TYPE OF MI$URANCE Awk sum POLICY NUMaER POLICY EFF POLICY E IIMIT3 A X CO►IMERCtAI GENERAL LIAsuTY X X 20144775 21fQ12Q20 12110/2021 EACRIOCCURRENCE s1 000000 C{AINSdNAGE D OCCUR NnEO Approved Risk Management S300000 IlG�udZ +Ilea EE-em one 610000 e PERSONAL s AOV WAUR y S1,000,000 GENT AG13RE0AlE UWAPPLIES PER POLICY a ECT LCC 2-22-2021 GENERAL AGGREGATE S2 OQD O0Q PRODUCTS-COUP"AGO s2 00i1000 OineN: 8 L5 g AUTCILOBIE LIA9ILrfY X X 5310466300 1/14/2020 1111412Q2 s 1 000 000 X ANY AUTO l.ISODR.Y INAMY rw pomp) i I MD ONLY O AL17pS ONLY BODILY INJURY M&F maidWO S X A=ONLY X IV0'F I:D AUTOS ONLY E ¢ S A X uNaMLA LMa X OCCUR5310466301 2/101202Q 1 2/1 012 02 eAcnoco-mmmCE $5 000 000 I EXCESS LIAS CLArM�MAOE , DED X R N 1OQ00 AGGREGATE S5 DOD 0DD � vmftERS COMPENSATION s ASO UIIPpLOOYY7EpRV LLIA6TILM PER OTlM OFFiGE1WlTuaCR ExCLiJGFO7� ❑ N 1A - � ILL EACH ACCI➢ENT s llLarlllleorr in NNI ,._ EA-AXSEAW•t:A ENPLaA'EE S D PT1DN OPERA Oalr,Ir E.L.DISEASE•POLICY LL T 5 C®1 ( 00 DESCRIPTION OF DPS RATIONS 1 LGCATIDNS I veHIcl.Ee fAR:ORD 144, 00 AlddWenol RamNka aehWW8.pay YI ra+ellld Her q d n CF) Monroe County SOCC 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$5091 0517 and Waiver of Subrogation perform CG2404 0509.Additional Insured with regards to Auto Liability only as required by written contract per form 38504 0115 and Waiver of �I Subrogation per form U583 0115.Umbrella follows fomt. CN CN CERTIFICATE HOLDER I CANCELLATION Monroe County BDCC SHOULD ANY OF THE ABOVE 0E3CRIBE0 POLICIES BE CANCELLED BEFORE PO Sox 100085-FX THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE W t" THE POLICY PROVRSIOMS. Duluth,GA 30096 AUTxORUEo REFREaENTATwe L' A 1988-201 SAC ORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and loge are registered marks of ACORD f1516312171N1163Q727 AHL18 Packet Pg. 269 C.5.d cu�MPr� Kevin Madok, CPA f the Circuit Court& Comptroller—Monroe County,• .,.� Clerk o p Florida DATE: June 22, 2020 TO: Alice Steryou Contract Monitor 0 FROM: Pa-nrcla G. flans .C. 2 SLTBJEC,T: May 20' B(-)CC Meeting 06 Attached is an electronic copy of the following item [c7r your handling: U C 1 1 st Amendment to Agreement with Sub-Zero,Inc., for Lower Keys HVAC Maintenance & Service,to revise certain contract provisions,and to add Federal Provisions. Funding is ad valorem. U' Should you have any questions please feel free to contact me at (305) 292-3550. 0 0 0 E 0 cN cN cN LO 0 E 0 E U) V_ 0 E c� cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH 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 Packet Pg. 270 FIRST AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA This First Amendment to Agreement is made and entered into this 20th day of May, 2020, 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- 0 L_ ZERO, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6003 Peninsular 0 Ave., No. 5, Key West, Florida 33040. N WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for .2 Central Air Conditioning Maintenance and Repair Services to County Lower Keys Facilities 2.1 (hereinafter "Original Agreement"); and 06 WHEREAS, County desires to revise the maintenance of records provision, non- discrimination, and termination clauses in its contracts and/or agreement to update and/or add U current revisions pursuant to its ordinances and/or Federal required contract provisions; and > U) WHEREAS, Contractor agrees and consents to such revisions in its Original Agreement to correct errors and ensure compliance with the Maintenance of Records, Non-Discrimination, and Termination clauses, and compliance with Federal Required Contract Provisions 0 requirements; and E WHEREAS, the parties have found the Original Agreement to be mutually beneficial and; E WHEREAS, the parties find it would be mutually beneficial to amend its Agreement and enter into this First Amendment to Agreement; and 0 NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: LO 1. Paragraph 8, MAINTENANCE OF RECORDS, of the Original Agreement, LO shall be amended as follows: E 8. MAINTENANCE OF RECORDS E Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this agreement or for a period of five (5) years from the E submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. 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 ten-n of the Agreement and for five (5) 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 by I Packet Pg. 271 the Contractor, 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 Contractor. Ej�ht t o Audit i t Availability of'Recordy. 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 6 instructions, bidders list, etc.); original estimates; estimating work sheets; N 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 06 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 U judgment have any hearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as X "Records") shall be open to inspection and subject to audit and/or reproduction by U) Owner's representative and/or agents of Owner or the County Clerk. 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 0 computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts E through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7) E years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies 0 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 CN calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies C14 Q C14 to the Contractor. The Right to Audit provisions survive the terminal* LO were pal termination or expiration of this Agreement. E 'a 2. Paragraph 10, HOLD HARMLESS, INDEMNIFICATION,DEFENSE AND INSURANCE, of the Original Agreement, shall be amended to include the following paragraph E as the fifth paragraph within Paragraph 10: U) V- FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold E harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. 2 Packet Pg. 272 This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. 3. Paragraph 13, NONDISCRIMINATION, of the Original Agreement, is hereby amended to include the following Federal Required Contract provisions, if applicable: 13. NONDISCRIMINATION/EQUAL EMPLOYMENTOPPORTUNITY A. CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination N by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any farther action of the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local 06 ordinances, as applicable, relating to nondiscrimination. This include but are not limited to: o Title VII of the Civil Rights Act of 1964 (PL 88-352) which U prohibits discrimination on the basis of race, color or national origin; 2) Title > X IX of the Education Amendment of 1972, as amended (20 USC ss. 1681- U) 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), 0 which prohibits discrimination on the basis of handicaps; 4) The Age -J Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which E prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to E nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 0 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol U- abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and Q CN Q 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality C14 Q of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of CN LO 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of E 'a 1990 (42 USC s. 12 101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code E Chapter 14, Article 11, which prohibits discrimination on the basis of race, U) V- color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination E provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal EmplQyinent Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., 1). 339) as amended by Executive Order 11375, Aniending Executive Order 11246 Relating to Equal Eniployment Opportunity, and implementing regulations at 41 C.F.R. 3 Packet Pg. 273 Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix 11, 11 C, agrees as follows: 1) The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, N demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, 06 notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. U 2) The CONTRACTOR will, in all solicitations or advertisements for employees > M placed by or on behalf of the CONTRACTOR, state that all qualified U) applicants will receive consideration for employment without regard to race, � color, religion, sex, sexual orientation, gender identity, or national origin. 0 3) The CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because Such employee or applicant has inquired about, discussed, or disclosed the compensation of the E employee or applicant or another employee or applicant. This provision shall E not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions, discloses the compensation of such other 0 j U- employees or applicants to individuals who do not otherwise have access to Q N Q such information, unless such disclosure is in response to a formal complaint N Q or charge, in furtherance of an investigation, proceeding, hearing, or action, CN LO including an investigation conducted by the employer, or is consistent with the CONTRACTOR'S legal duty to furnish information. E 4) The CONTRACTOR will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract E or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the CONTRACTOR'S commitments under section 202 of Executive Order 11246 of September 24, E 1965, and shall post copies of the notice in conspicuous places available to a employees and applicants for employment. 5) The CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, 4 Packet Pg. 274 and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the CONTRACTOR'S non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may N be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. . 8) The CONTRACTOR will include the portion of the sentence immediately M preceding paragraph (1) and the provision of paragraphs (1) through (7) in 06 every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive U Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The CONTRACTOR will take such U) action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance; provided, however, that in the event a 0 contractor becomes involved in, or is threatened with, litigation with a -j subcontractor or vendor as a result of such direction by the administering agency the CONTRACTOR may request the United States to enter into such E litigation to protect the interests of the United States. E 4. Paragraph 20, TERMINATION, of the Original Agreement, is hereby deleted and the following paragraph is replaced in its entirety as Paragraph 20, which includes the 0 following Federal Required Contract Provisions, if applicable: U- 20. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect LO of service, the COUNTY shall have the right to terminate this Agreement after seven (7) days' written notification to the CONTRACTOR. E B. Either of the parties hereto may cancel this Agreement without cause by giving E the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon U) ten-nination. C. Termination for Cause and Remedies: In the event of breach of any contract E terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seven (7) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the 5 Packet Pg. 275 breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY 0 L_ reserves all rights available to recoup monies paid under this Agreement, 0 N including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2- 721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon ninety (90) days' notice to CONTRACTOR. If 06 the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY U shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY X U) exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under 0 _j this Agreement, including the right to sue for breach of contract and Including the right to pursue a claim for violation of the County's False Claims Ordinance, E 'a located at Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County determines E 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 0 Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the Q option of (1) terminating the Agreement after it has given the N Q Contractor/Consultant written notice and an opportunity to demonstrate the N Q N agency's determination of false certification was in error pursuant to Section,. LO 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. E 5. The Original Agreement is hereby amended to include the following identified as E Paragraph 43, FEDERAL CONTRACT REQUIREMENTS, Paragraphs 44, 45, and 46, to include the following Federal Required Contract Provisions, if applicable: E 43. FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix 11 to Part 200, as amended, including but not limited to: 6 Packet Pg. 276 43.1 Clean Air Act (42 U.S.C. W401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387). CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) as amended, applies to Contracts and subgrants of amounts in excess of$150,000.00. 43.2 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant N Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security .2 Grant Program, all prime construction contracts in excess of$2,000, for the construction, alteration, or repair (including painting and decorating) Of public buildings or public works, awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. 3141-3 144 and 3 146-3 148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally U Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS > must be required to pay wages to laborers and mechanics at a rate not less than the U) prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage deterrmnation 0 issued by the Department of Labor in each solicitation (attached hereto as Exhibit "A" and made a part hereof). The decision to award a contract or subcontract must be E conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by E Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security 0 Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also CN comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by CN Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on. N LO Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, E completion, or repair of public work, to give up any part of the compensation to which he E or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The CONTRACTOR shall comply with 18 U) V_ U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. E i) Contractor. The CONTRACTOR shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii) Subcontracts. The CONTRACTOR. or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The 7 Packet Pg. 277 prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 111) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 43.3 Contract Work Hours and Safety Standards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. _§§3702 and 3704, as supplemented 0 L_ 0 by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, N each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work .2 week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work 06 and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These U requirements do not apply to the purchases of supplies or materials or articles ordinarily > X available on the open market, or contracts for transportation or transmission of intelligence. 43.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award 0 _j meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit E organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the E recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing 0 regulations issued by the awarding agency. CN 43.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract N award (see 2 CFR §180.220) must not be made to parties listed on the government wide CN LO exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 E Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or E otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. U) V_ 43.6 Byrd Anti-Lobbying Amendment (31 U.S.C. U352). CONTRACTORS that E apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any 8 Packet Pg. 278 Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 43.7 Compliance with Procurement of Recovered Materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value N of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affinnative procurement program for procurement of recovered materials identified in the EPA guidelines, 06 Other Federal and/or FEMA Requirements (as applicable): 9= U 43.8 Americans with Disabilities Act of_ 1990, as amended ADA The < > CONTRACTOR will comply with all the requirements as imposed by the ADA, the U) regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 43.9 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E- 0 Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the ten-ri of the Contract and shall expressly require any E 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 E the employment eligibility of all new employees hired by the subcontractor during the Contract term. 0 43.10 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR CN acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Q Statements) applies to the CONTRACTOR'S actions pertaining to this contract. NQ N LO LO 43.11 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable E provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, E information, facilities, and staff. Contractors/Consultants must: (L) Cooperate with any compliance review or complaint investigation conducted by DHS; (2.) Give DHS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and pen-nit access to facilities, personnel, and other E individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and (3.) Submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 43.12 Federal Government not a party to contract. CONTRACTOR actmowledges that the Federal Government is not a party to this contract and is not subject to any obligations 9 Packet Pg. 279 or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 43.13 Department of Homeland Security_ The CONTRACTOR shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. 43.14 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. L- The CONTRACTOR will comply will all applicable federal law, regulations, executive 0 0 orders, FEMA policies, procedures, and directives. N 43.15 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part W with COUNTY funds Linder this Agreement. The DBE requirements of applicable federal 06 and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the U performance of this Agreement. In this regard, all recipients and contractors shall take all > X necessary and reasonable steps in 'accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts, including but not limited to 2 C.F.R. §200.321. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, 0 national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. E 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, E WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. 0 §200.321, the CONTRACTOR. shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area CN firms are used whenever possible: CN b. Affirmative steps must include: CN LO i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; E Ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; E III Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; iv. Establishing delivery schedules, where the requirement permits, E which encourage participation by small and minority businesses, and women's business enterprises; V. Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. vi. Requiring the Prime contractor, if subcontractors are to be let, to take affirmative steps listed in paragraph (I.) through (v.) of this section. 10 Packet Pg. 280 43.16 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 44. The Contractor is bound by the terms and conditions of the Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Emergency 0 L- Management (Division) found at the following link on the Monroe County web page: 0 c'.p1gs.coni/Bids.,--is. x'.'QatlQ=18. N 45. The Contractor is bound by all applicable local, County, State, and Federal laws .2 and regulations. 46. The CONTRACTOR shall hold the Division and County harmless against all 06 claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extent allowed and required by law. U U) 6. Except as set forth in Paragraphs I through 5 of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as 0 amended, remain in full force and effect, E E 0 N a CN a CN LO LO [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] E E U) V- E 11 Packet Pg. 281 C.5.d IN.WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year _.a first ahove-written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEWN MADOK, CLERK OF MONROE C N FLORIDA By: By: cs a5 Deputy Clerk MaY � 06 Date:_ 'y rwI �—o -o'_-- Date: ?.n --.o -2•v U CONTRACTOR: SUB-ZERO, INC. C Witnesses for CONTRACTOR.: f E Sign tore oY person auth zed to t�rlature legally hind SUB-ZERO, INC. Printed Nan �C Date: - 0 CN Date Print Name and itle CN _ !! LL r Address: A V, Y''� Ul) Signature Printed Name:ki Telephone Number U.CD � LU c%j WNFM Cmwm ATrOMEY'S OFFICE C� 3 13 �R! PATIMM EABLB ASSISTANT DATES �Vl� 12 Packet Pg. 282 C.5.d 2 EXHIBIT "A" 06 Davis Bacon Wage Determination E E 0 CN CN CN LO E U) V- E 13 Packet Pg. 283 C.5.d "General Decision Number: FL20200022 01/03/2020 Superseded General Decision Number: FL20190022 State : Florida Construction Type : Building County: Monroe County in Florida. 2 BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . U Note : Under Executive Order (EO) 13658, an hourly minimum wage of $10 . 80 for calendar year 2020 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded � (and any solicitation was issued) on or after January 1, 2015 . If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10 . 80 per hour (or the applicable wage rate listed on this wage determination, if it is higher) 0 for all hours spent performing on the contract in calendar year 2020 . If this contract is covered by the EO and a c� c� classification considered necessary for performance of work on c� LO the contract does not appear on this wage determination, the ` contractor must pay workers in that classification at least E the wage rate determined through the conformance process set forth in 29 CFR 5 . 5 (a) (1) (ii) (or the EO minimum wage rate, E if it is higher than the conformed wage rate) . The EO minimum U) wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts E c� entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5 . 1 (a) (2) - (60) . Additional information on contractor requirements and worker protections 14 Packet Pg. 284 C.5.d under the EO is available at www.dol .gov/whd/govcontracts . Modification Number Publication Date 0 01/03/2020 * ELEC0349-003 09/02/2019 Rates Fringes06 ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . . $ 35 . 36 12 . 77 ---------------------------------------------------------------- U ENGI0487-004 07/01/2013 > U) Rates Fringes 0 OPERATOR: Crane All Cranes Over 15 Ton E Capacity. . . . . . . . . . . . . . . . . . . . $ 29 . 00 8 . 80 Yard Crane, Hydraulic Crane, Capacity 15 Ton and 0 Under. . . . . . . . . . . . . . . . . . . . . . . $ 22 . 00 8 . 80 ---------------------------------------------------------------- c^+i IRON0272-004 10/01/2019 LO c� LO Rates Fringes E IRONWORKER, STRUCTURAL AND E REINFORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 49 11 . 99 U) V- ---------------------------------------------------------------- PAIN0365-004 08/01/2019 E c� Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . . $ 20 . 21 11 . 28 ---------------------------------------------------------------- 15 Packet Pg. 285 C.5.d SFFL0821-001 01/01/2019 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . . $ 28 . 38 19 . 44 ---------------------------------------------------------------- SHEE0032-003 12/01/2013 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . . $ 23 . 50 12 . 18 ---------------------------------------------------------------- SUFL2009-059 05/22/2009 Rates Fringes � CARPENTER. . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 08 5 . 07 E CEMENT MASON/CONCRETE FINISHER. . . $ 12 . 45 0 . 00 0 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . . $ 9 . 94 0 . 00 c� c� LABORER: Common or General . . . . . . $ 8 . 62 0 . 00 LO c� LO LABORER: Pipelayer. . . . . . . . . . . . . . $ 10 . 45 0 . 00 OPERATOR: Backhoe/Excavator. . . . . $ 16 . 98 0 . 00 E V- OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . . $ 9 . 58 0 . 00 E c� OPERATOR: Pump. . . . . . . . . . . . . . . . . . $ 11 . 00 0 . 00 PAINTER: Roller and Spray. . . . . . . $ 11 . 21 0 . 00 16 Packet Pg. 286 C.5.d PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 27 3 . 33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . . $ 14 . 33 0 . 00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . . $ 14 . 41 3 . 61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . . $ 8 . 00 0 . 15 06 ---------------------------------------------------------------- U WELDERS - Receive rate prescribed for craft performing > operation to which welding is incidental . U) ---------------------------------------------------------------- Note : Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017 . If this 0 contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours c� c� they work, up to 56 hours of paid sick leave each year. c� LO Employees must be permitted to use paid sick leave for their ` own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other E health-related needs, including preventive care; or for reasons U) resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic E c� violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol .gov/whd/govcontracts . Unlisted classifications needed for work not included within 17 Packet Pg. 287 C.5.d the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5 . 5 (a) (1) (ii) ) . ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the 2 cited type (s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , > a survey rate (weighted average rate) or a union average rate (weighted union average rate) . 0 Union Rate Identifiers A four letter classification abbreviation identifier enclosed E in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were 0 prevailing for that classification in the survey. Example : PLUM0198-005 07/01/2014 . PLUM is an abbreviation identifier of cN CD cN the union which prevailed in the survey for this CD cN LO classification, which in this example would be Plumbers . 0198 ` indicates the local union number or district council number E where applicable, i .e . , Plumbers Local 0198 . The next number, 005 in the example, is an internal number used in processing E the wage determination. 07/01/2014 is the effective date of the U) V- most current negotiated rate, which in this example is July 1, 2014 . E c� Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate . 18 Packet Pg. 288 C.5.d Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates . Example : SULA2012-007 5/13/2014 . SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates . LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. 0 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers 0 Classification (s) listed under the UAVG identifier indicate that no single majority rate prevailed for those N N classifications; however, 1000 of the data reported for the Q N LO classifications was union data. EXAMPLE : UAVG-OH-0010 ` 08/29/2014 . UAVG indicates that the rate is a weighted union average rate . OH indicates the state . The next number, 0010 in the example, is an internal number used in producing the wage E determination. 08/29/2014 indicates the survey completion date U) for the classifications and rates under that identifier. E c� A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 19 Packet Pg. 289 C.5.d ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an initial decision in the matter? This can be . * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling > U) On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2 . ) and 3 . ) should be followed. 0 With regard to any other matter not yet ripe for the formal c� c� process described here, initial contact should be with the c� LO Branch of Construction Wage Determinations . Write to: ` E Branch of Construction Wage Determinations Wage and Hour Division E U. S . Department of Labor U) 200 Constitution Avenue, N.W. Washington, DC 20210 �E c� 2 . ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1 . 8 and 29 CFR Part 7) . Write to: 20 Packet Pg. 290 C.5.d Wage and Hour Administrator U. S . Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party' s position and by any information (wage payment data, project description, area practice material, etc. ) that the requestor considers relevant to the issue . 2 3 . ) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: > U) Administrative Review Board U. S . Department of Labor � 200 Constitution Avenue, N.W. Washington, DC 20210 E 4 . ) All decisions by the Administrative Review Board are final . 0 --------------------------------------------------------------- c� c� END OF GENERAL DECISION c� TV LO E E U) It- 4i E c� 21 Packet Pg. 291 SUBZE-1 C.5.d ,acoRo` CERTIFICATE OF LIABILITY INSURANCE DATE( `—� 01/03/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THI; CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[ 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 of this certificate does not confer rights to the certificate holder in lieu of such endorsements. PRODUCER 305-294-7696 CONTACT NAME: Atlantic Pacific-Key West PHONE 305-294-7696 FAX 305-294-7383 1010 Kennedy Dr,Suite 203 (A/C,No,EXt): (A/C,No): Key West, FL 33040 E-MAIL chernandez@apins.com Richard Horan 0- INSURERS AFFORDING COVERAGE NAIC# INSURER A:Allstate 19232 INSURED INSURER B:FCCI Insurance Co. 10178 Sub Zero Inc. 6003 Peninsula Ave#5 INSURER C 7 Key West,FL 33040 INSURER D n 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 PERIO[ INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI; CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERM: EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDTYPE OF INSURANCE INSD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'808'� CLAIMS-MADE � OCCUR X GL100034786-01 01/02/2020 01/02/2021 DAMAGET Eaoccu RENTEante $ 100" 5 MED EXP(Anyone person) $ ' PERSONAL&ADV INJURY $ 1'800" GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ "W a, POLICYEl JEC 2T LOC PRODUCTS-COMP/OP AGG $ '000'1 OTHER: $ E A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO X 060486391 11/14/2019 11/14/2020 BODILY INJURY Perperson) $ 1,000,E X OWNED AUTOS ONLY AUTOS BODILY BODILY INJURY Per accident $ 1'��'� X AUTOS ONLY X AUUTOS ONLY PROPER accidenDAMAGE $ 1 000 1 $ 0 UMBRELLA LB AP LL EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE 9 h AGGREGATE $ CJ DED RETENTION$ 6/1/2 O 2 O $ N WORKERS COMPENSATION ""'� `"— PER OTH- -1... AND EMPLOYERS'LIABILITY YIN CN wV �^ STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ - k._. =— E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A LO (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under Approved as to G cSc AL E.L.DISEASE-POLICY LIMIT $DESCRIPTION OF OPERATIONS below only E DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) LIC#cacO49249 CAI It- c� CERTIFICATE HOLDER CANCELLATION MONROE3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORI Monroe Count THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED II y ACCORDANCE WITH THE POLICY PROVISIONS. Board Of County Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 292 Da CERTIFICATE OF LIABILITY INSURANCE 6116 C.5.d Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. InsurerB: Holiday, FL 34691 InsurerC: Insurer D: Insurer E: Coverages 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date Date (MM/DD/YY) (MM/DD/YY) . 2.1 GENERAL LIABILITY Each Occurrence Commercial General Liability LO Damage to rented premises(EA 06 Claims Made Occur occurrence) Med Exp L) General aggregate limit applies per: Personal Adv Injury > General Aggregate Policy ❑Project ❑ LOC U) Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury 0 All Owned Autos _J (Per Person) A Scheduled Autos a Hired Autos Bodily Injury Non-Owned Autos (Per Accident) ISM Property Damage (Per Accident) By EXCESS/UMBRELLA LIABILITY 6�16�2 0 2 QQ _d,�-,�� Each Occurrence A. -, � Occur ❑Claims Made WAKFI Aggregate U Deductible t14 A Workers Compensation and WC 71949 01/01/2020 01/01/2021 X I WC Statu- OTH- Q Employers'Liability tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 84-67-001 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": , Sub-Zero,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s;,while working 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 certificates@lioninsurancecompany.com Project Name: ISSUE 03-15-16(TLD).REISSUE 03-30-17(KR).REISSUE 01-10-18(BP)REISSUE 01-23-19(AR). REISSUE 06-16-20(PH) Be in Date:3/5/2012 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to BOARD OF COUNTY COMMISSIONERS do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. 1100 SIMONTON ST KEY WEST, FL 33040 'Bc!a�'` r_ f r3 „-•� �,-.®'_. Packet Pg. 293 C.5.e pGV.t COUgTQ°o Kevin Madok, CPA qY A 3i 4 Clerk of the Circuit Court&Comptroller— Monroe County, Florida DATE: April 15, 2019 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc .C. c� SUBJECT: March 21"BOCC Meeting 06 Attached is an electronic copy of each of the below items for your handling. U 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. U) 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. 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. E 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. 0 C16 1st Amendment to Agreement with Stockton Maintenance Group, Inc. for Lower 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. cCN T_ cN M c� 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 Pla 0 305-294-4641 305-289-6027 305-852-7145 30 Packet Pg. 294 C.5.e AGREEMENT FOR LOWER 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"),apolitical subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West,Florida 33040,and SUB-ZERO, INC.,a Florida Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6003 Peninsular Ave.,No. 5, Key West, Florida 33040. c� WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit "A"; and 06 WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit"A"; and U WHEREAS,it serves a legitimate public purpose for CONTRACTOR to perform the work X 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: 0 1. THE AGREEMENT The Agreement consists of this document,the Request for Proposals("RFP")documents,exhibits, and any addenda only. 2. SCOPE OF WORK: 0 The Scope of Work shall include, but not be limited to, all work and /or services shown and listed in Exhibit"A",which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The 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 or proper for performing and completing the Scope of Work, unless otherwise specifically ' stated. CN cN See Exhibit"A" 3. Personnel c� Communication between the County Representative and the Contractor's personnel is very 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 l Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 295 C.5.e trained in all appropriate safety regulations,including but not limited to,OSHA regulations and all other applicable local, State and Federal regulations. Uniforms are preferred for Contractor's personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 6 4. Background Checks/Finger Printing Contractor employees must consent to Level One background checks and the results are to 2.1 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 06 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 U 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 solely responsible for the pay,worker's 0 compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; 0 B. Fingerprints; C. Local Records check: D. Prior employment check;and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriffs ' Office ("MCSO") facilities. Background checks on such personnel will be IV- conducted by the MCSO. N 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 E 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 2 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 296 C.5.e 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) 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 annual appropriation by the Board of County Commissioners. County shall pay in 06 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 U 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 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-five percent (25 %) 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 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: $88.00 per hour, mechanic $129.00 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $105.00 per hour,mechanic $140.00 per hour,mechanic plus helper 3 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 297 $140.00 per hour, mechanic plus helper Parts Cost Plus: Twenty-five percent (25%) of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). 0 Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. 2 Refrigerants evacuation and disposal shall be a part of the Contractor's rate, and 2.1 shall not be billed as an additional item. Contractor shall provide all Refrigerants LO 06 weight and compliance reports as per EPA refrigerant recycling regulations under Section 608 of the Clean Air Act and any amendments. ' U Contractor shall submit itemized invoices in writing. There are no additional costs for travel, mileage, meals, or lodging. 0 E. Total Compensation to CONTRACTOR under this Agreement shall not exceed ONE HUNDRED TWENTY THOUSAND AND 00/100 ($120,000.00) Dollars annually, unless pre-approved emergency work requiring additional funds is implemented. 6. TERM OF AGREEMENT 0 This three (3) year Agreement shall commence on April 01, 2019, and ends upon March 31, 2022, unless terminated earlier under paragraph 19 of this Agreement. The County shall have the option to renew this Agreement for up to an additional two (2) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30).days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of N three (3) years. N 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 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 298 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. 06 Right to Audit. ° Arailability of Records. The records of the parties to this Agreement relating to the Project,which U 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 to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment E 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 E inspection and subject to audit andlor reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead 0 computations, observing vendor and supplier payments,,, 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. 9. PUBLIC RECORDS COMPLIANCE N V- N Contractor must comply with Florida public records laws,, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article 1 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 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 299 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. c� (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 06 that does not exceed the cost provided in this chapter or as otherwise provided by law. E (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 U contract term and following completion of the contract if the contractor does not transfer the M 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 0 completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract,the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made 0 directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by N the Contractor. A Contractor who fails to provide the public records to the County or pursuant to N a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody,release,alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law.IF THE CONTRACTOR HAS 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- BRIANQ,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112TH STREET, SUITE 408,KEY WEST,FL 33040. 6 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 300 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 2.1 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) 06 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 U its employees,agents,contractors,or invitees(other than Contractor). The monetary limitation of liability under this Agreement shall be not less than$1 miIlion per occurrence pursuant to Section 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 0 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 the Contractor shall hold the County harmless and shall indemnify it from all losses occurring 0 thereby and shall further defend any claim or action on the County's behalf. , The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification 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. N It- 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 Iimits 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 limitsi and $100,000.00 bodily injury by disease,each employee. 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 7 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 301 hired vehicles. If single limits are provided, the minimum acceptable limits are S200.000.00 per person, 300.000.00 per occurrence, and S200.000.00 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 2.1 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 06 insurance with respect to the County, its officials, employees,agents, and volunteers. ° U MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 11.NON-WAIVER OF IMMUNITY 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 the County be required to contain any provision for waiver. 12. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Contractor is an independent contractor and c 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. 2, 13.NONDISCRIMINATION c� 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 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 8 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 302 C.5.e 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 6 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 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 06 14.ASSIGNMENT/SUBCONTRACT U Contractor shall not assign or subcontract its obligations under this agreement to others, except in X 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 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 In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of 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 limited 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. V- N V- 16. DISCLOSURE AND CONFLICT OF INTEREST N 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 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 9 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 303 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 2.1 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 06 terms of this contract. U 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 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: Monroe County Sub—Zero, Inc. Facilities Maintenance Department 6003 Peninsular Ave.,No. 5 E 3583 South Roosevelt Blvd. Key West, FL 33040 Key West, FL 33040 0 and County Attorney 1111 12"'Street, Suite 408 Key West, FL 33040 N 19.TAXES IV- N 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. 20. TERMINATION A. The County may terminate this Agreement with or without cause prior to the commencement of work. 10 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 304 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. C. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) 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 2.1 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 06 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 U 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 before the appropriate administrative body in Monroe County,Florida. 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 N circumstance or person) shall be declared invalid or unenforceable to any extent by a court of N 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 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, l 1 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 305 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. 2.1 26. COOPERATION 06 In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to U participate, to the extent required by the other party, in all proceedings, hearings, processes, 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. 0 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 28. AUTHORITY 0 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. 30. PRIVILEGES AND IMMUNITIES 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 activity of officers, agents, or employees of any public agents or employees of the County, when 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. 12 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 306 C.5.e 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. 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 06 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, U or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under X 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 0 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 this Agreement. 35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded CN as an original, all of which taken together shall constitute one and the same instrument and any of N the parties hereto may execute this Agreement by signing any such counterpart. 36. SECTION HEADINGS 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 13 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 307 C.5.e 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 0 convicted vendor list." 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County. Therefore, this 2.1 agreement is not to be construed against either party on the basis of authorship. 06 39. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract U agreement. U) 40. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds 0 on which this Agreement is dependent are withdrawn,this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 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. 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. E c� [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 308 IN WITNESS WHEREOF; each party has caused this Agreement to be executed by its duly representative. �Y Y 0- f r• BOARD OF COUNTY COMMISSIONERS VIN MADOK, CLERK OF MONR CO , FLORIDA By: By: Deputy Clerk N19yor 06 Date: a 21 z°i 9 Date:_u y l Z/, 241 9 U Witnesses for CONTRACTOR: CONTRACTOR: X O INC. 0 tno 4L& Signature o person thorize o Signature legally bind CONTRACTOR act Date: r L9 r ate Print Name Print Name and itle Address:m?, LU)i? Ul jZ V' Si nature Telephone Number ' /sfCN Date Print Name N cri W .z MONROE COUNTY ATTORNEY'S OFFICE p APPROVEEI AS TO .0� LL- i --� PATRICIA EABLES !i r p ASSISTANT 00 A RNEY ,mot .cc rl. QATE• .�.aja ZCL. 15 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 309 C.5.e EXHIBIT "A" SPECIFICATIONS: A) Routine repairs and maintenance of all County maintained central air conditioning units in the Lower 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, 06 upon award of the contract,shall provide a contact person and phone number for building and equipment access. U 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. 0 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 E manufacturer plus twenty-five percent (25%) to fulfill the obligations of the contract. Freight,equipment rental,tax amounts,and services supplied by others shall be reimbursed E 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, whether the part is under warranty or not.There are no additional costs for travel,mileage, _ meals, or lodging. E) In the event of a major component failure or system breakdown,the County,when deemed as an emergency situation, shall have the option to request from the Contractor only, a 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 Q 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. E c� SCOPE OF WORK: A) The facilities are located throughout the Lower Keys. Buildings to be serviced shall include,but shall not be limited to,the following: 16 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 310 MONROE COUNTY COURTHOUSE Jackson Square Complex, 500 Whitehead Street, Key West MONROE COUNTY COURTHOUSE ANNEX,a/k/a/JUDGE JEFFERSON B. BROWNE COURTROOM COMPLEX Jackson Square Complex, 502 Whitehead Street,Key West (including 1986 Jail Addition) J.LANCELOT LESTER JUSTICE BUILDING INCLUDING CLERK'S RECORDS STORAGE FACILITY Jackson Square Complex, 530 Whitehead Street, Key West KEY WEST LIBRARY(MAY HILL RUSSELL LIBRARY) 700 Fleming Street, Key West FREEMAN JUSTICE CENTER 302 Fleming Street, Key West 06 GATO BUILDING 1100 Simonton Street,Key West U HARVEY GOVERNMENT CENTER 1200 Truman Avenue, Key West TAX COLLECTOR/DMV OFFICES 3439 South Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 5501 College Road,Key West, 0 SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION 5655 McDonald Avenue, Stock Island,Key West E BERNSTEIN PARK COMMUNITY CENTER 6751 Fifth Street, Stock Island, Key West BAYSHORE MANOR 0 5200 College Road, Key West BIG COPPITT FIRE STATION 28 Emerald Dr., Big Coppitt Key SHERIFF'S SUB-STATION U.S. Highway 1, Cudjoe Key BIG PINE KEY FIRE STATION 390 Key Deer Blvd., Big Pine Key CN BIG PINE KEY LIBRARY CN Big Pine Key Shopping Center,Big Pine Key BIG PINE PARK COMMUNITY CENTER 31009 Atlantis Drive, Big Pine Key E c� 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. 17 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 311 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. 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. x. Install all parts and materials in compliance with the standards of good workmanship with prior County approval. A General repair of all existing equipment HVAC equipment. xii. Provision of necessary equipment and supplies to perform all repairs in a timely and 06 professional manner. xiii. Detailed tickets to include but not limited to: work performed,start and end times, U building location, units serial number,and a list of parts or refrigerant used. U) Corrective Maintenance Necessary repairs for deficient or inoperable devices, such as those found during the course of 0 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 0 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 percentage indicated in the bid form that are used in the repair of all County maintained E 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 ' materials, whether the part is under warranty or not, freight invoices must accompany requests for payment. ii. The County, from time to time, may request additional installations or services from the Proposer. Request from the County for additional equipment installations and services, 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 weight and compliance reports as per EPA Refrigerant recycling regulations under section 608 of the Clean Air Act and Amendments. 18 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 312 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 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 addressing any issues. 2 Random inspections shall be performed by County Representatives from the Facilities 2.1 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 06 such deficiencies shall result in a prorated deduction from the monthly invoice. ° U U) 0 E 0 E N N E c� 19 Lower Keys HVAC Mainteance and Service Agreement Packet Pg. 313 �^ SUBZE-1 A` ®- Q/YYYY) (MMfD ATE CERTIFICATE OF LIABILITY INSURANCE DATE 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 15 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 endorsements. PRODUCER 305-294-7696 cT Atlantic Pacific-Key West PHONE 305-294-7696 Fax 1010 Kennedy Dr,Suite 203 (AIC,No,Ext: (AIC,Ne 305-294-7383 Key West,FL 33040 ADpAIE s:c ernandez aapins.com --J Richard Horan INSURERS)AFFORDING COVERAGE NAIC# INSURER A:Allstate INSURED Sub Zero Inc. 6003 Peninsula Ave#5 INSURER e:FCCI Insurance Co. 10178 Key West,FL 33040 INSURER C: C5 INSURER D: n INSURER E: INSURER F COVERAGES CERTIFICATE UMBER: 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, L) EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR NSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP POLICY NUMBER LIMITS B X COMMERCIAL GENERAL LIABILITY 1,000,000 U) LOWNED �'�y�� EACH OCCURRENCE g r CLAIMS-MADE I x OCCUR Y GL100034785-01 01/02/2019 01/02/2020 DAMAGE TO RENTED g 100,000 MED EXP An one person) 5,000 PERSONAL&ADV INJURY g 1,000,000 EGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 O ❑ACTLOC PRODUCTS-COMPIOPAGG 2000000 LIABILITY COMBINED SINGLE LIMITANY a ars)�O Y 050485391 11/14/2018 11/14/2019 BODILY INJURY Per erson $ 1,000,000ONLY AUTOSULEDQ� QQEEppBODILY INJURY fPer accident g1,()0(),000ONLY X ANUTOS pNLY PROPERTY DAMAGE 1,000,000 Per acGtlent g S UMBRELLA LIAB H OCCUR EACH OCCURRENCE g EXCESS LIAR CLAIMS-MADE a AGGREGATE pR V GE ENT O gLL DED RETENTION S — WORKERS COMPENSATION AND EMPLOYERS'LIABILITY YIN WAIVE N/A ES PERTUTE OTH-A ER ANY PROPRIETORIPARTNER/EXECUTIVE E.L.EACH ACCIDENT g OFFICER/MEMBER EXCLUDE07 ❑ N I A (Mandatory in NH) If yyes,describe under E.L.DISEASE-EA EMPLOYEE DESCRIP ION OF pPERATIONS below E L DISEASE-POLICY LIMIT CD DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) N LIC#cacO49249 —. Tn CD RTIFICATE HOLDERA CELL TON MONROE3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Board Of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE �G ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Packet Pg. 314 r C.5.e t -- Date CERTIFICATE OF LIABILITY INSURANCE .. 1/23/2019 p Producer: PlynlOgth Insurance Agency This Certificate Is issued as a matter of Information only and confers no 2739 U.S.Highway 19 N. rights upon the Coftiflrsto Holder. This Certificate does not amend,extend ? Holiday, FL 34691 or alter the coverage afforded by the policies below. 938-5562 Insurers Affording Coverage NAIC# insured. SOUth E isf•Personnel Leasing, Inc. &Subsidiaries In^uFarA Lion Insurance Company` 11075 2739 US:Highway 19 N. Incurar 8: Holiday,FL 34691 irisurclr c! Insurer D. i Insurer E: Coverages { Tn8 pellcras of IrtSumnca;listod bato�vhavu tsean ususd,lo,the MSurcd narnad above or the_ is period InAcatod-No;V.ithatarf ilu� fin any'regulremagt,term or;toncleon or any contraG or omerdomiment. aAd rospact to whch Ih)s1c,"6014 may be Issued or may y th V ICmlts sdraixn - Y y pertain,if>e insurance afforded b the olicies described herein is subject to nli the terms,extluslone,and conditions or such policies.Aggregate may hava,been reduced by paid claims, i INSR ADDL -' `:Pol!cy'Effectve Pollcy;Expirhtfli'I Limits - - LTR INSRD Type of Insurance Policy Number Date Date to (ty MICID(YY) {(yl(�11pD/YY) ENERAL LIABILITY Eaen Occurrence z Commercial General Liability *~ Damage to rented premises(EA Claims Made ® Occur occurrence) ; L) -.. _ Med Exp .. _ - .. General aggregate limit applies per: Personal Adv Injury U) PP��ccr Policy Project ® LOC General Aggregate _ - Products-ComptOp Ago AUTOMOBILE LIABILITY Combined Single Limit Any Auto (EA Accident) O All Owned Autos �n X:nAGF_,4E11T Bodily Injury .Scheduled Autos AP (Par Parson) i Hired Autos IY Bodily Injury Non-Owned Autos n- (Per Acddenl) _ W`1 ,fir. AiVEP N/P� Property Damage Y S v.-— (Per Accident EXCESS/UMBRELLA LIABILITY Each Occurrence Oaur ®claims Made O Aggregate LL Deductible A Workers Compensation and WC 71949 01/01/2019 01/01/2020 X VJC Statu- OTH- Employers'Liability ld -Cirnils Efi E Any proprietor/partner/execuilve officerimember E.L.Each Accident St,o00,t100 excluded? NO E.L.Disease-Ea Employes S1,o0o,CC9 r1istof es,describe under special provisions below. E.L.Disease-Policy Limits S1,g00,000 0) Other Lion Insurance Cornpati is A.M.Best.Company rated A Excellent).,AMB#'.12616. CI ions of Operations/Locations/Vehicies/Exclusions added by Endorsement/Special Provislons: N n a les to active employee(s) Client ID: 84-57-001 ty ppl ployee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": nty applies to inJurfes Incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s),while working In:FL. oes not apply t0 statutory Y ry employee(s)or independent contractor(s)of the Client Company or any other entity. active employee(s)leased to the Gient Company can be obtained by faxing a request to(727)937-2138 or emall certificates@lioninsurancecompany.com ojec ame: � ISSUE 03-15-16(TLO).REISSUE 03-30-17(KR).REISSUE 01-10-18(BP)REISSUE 01-23-19(AR) ` ` CERTIFICATE HOLDER - - - - �liecun Date:`3 S 2412 _ "" CANCELLATION - IVIUNH0E COUNTY StaFuid any of d e"bbovo descrlbed,poliaar ba canxiiad 156Fs a the eipmradon loth inuri of 1M Issuing BOARD OF COUNTY COMMISSIONERS Incurar will,endeavor to maii 30 days mitten ndtice to the oenincate hoida�named to Ike laa but railure to da so malt Imposa no obligation or liability of any Idnd upon the Insurer.Its agents or representalive.. 1100 SIMONTON ST KEY WEST, FL 33040 Packet Pg. 315 Client#: 66055 SUBZE ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(M 12/14/2022 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE FAX vc,No,Ext:239 435 7150 (vc,No): 239 213 2803 4100 Goodlette Rd N E-MAIL tmarkee@gulfshoreinsurance.com Naples, FL 34103 ADDRESS: g INSURER(S)AFFORDING COVERAGE NAIC# .2 239 261-3642.1 6 INSURER A Southern-Owners Insurance 10190 INSURED INSURER B:Owners Insurance 18988 LO Sub Zero, Inc. INSURER C 06 6003 Peninsular Avenue#5 Key West, FL 33040 INSURER D: INSURER E: L) 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 U) 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 ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY O A �( COMMERCIAL GENERAL LIABILITY X X 2023122014477522 12/10/2022 12/10/202 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESO a occur°nce $300,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED SINGLE LIMIT B AUTOMOBILE LIABILITY X X 5310466300 12/10/2022 12/10/202 CO 1 000 000 O Ea accident r r X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per accident LU $ 0- A X UMBRELLA LIAB X OCCUR 5310466301 12/10/2022 12/10/2023 EACH OCCURRENCE $5 000 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 . DED I X RETENTION$10000 ,14 PER OTH- $ j WORKERS COMPENSATION AND EMPLOYERS'LIABILITY Y/N "� ,,,, STATUTE ER N ANY PROPRIETOR/PARTNER/EXECUTIVE a E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A h ^�°°�""'""° (Mandatory in NH) .� .4 ,. �. E.L.DISEASE-EA EMPLOYEE $ - If yes,describe under , DESCRIPTION OF OPERATIONS below I� �., -.^�^, w ".., E.L.DISEASE-POLICY LIMIT $ C14 WAW ° U) n x DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) 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 O 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 E Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE U y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD I Packet Pg. 316 #S1895130/M1891464 TKM21 Da CERTIFICATE OF LIABILITY INSURANCE 12/1 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurer6: Holiday, FL 34691 InsurerC: Insurer D: Insurer E: Coverages 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 b the policies described herein is subject to all the terms,exclusions,and conditions of such policies. Aggregate P Y Y P Y P 1 P limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration U LTR INSRD Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY) Limits , GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA Claims Made ❑ Occur occurrence) ' Med Exp I) Personal Adv Injury > General aggregate limit applies per: General Aggregate Policy ❑Project ❑ LOC Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) 0 Any Auto Bodily Injury All Owned Autos 'T (Per Person) Scheduled Autos Hired Autos y +�"'" .�� ,„„ Bodily Injury. - (Per Accident) 0p Non-Owned Autos �y�y,q17!77" 4 . 23 Property Damage 9>.A II E— ,�.�,,,,,,� ..tea, (Per Accident) WAM Ill EXCESS/UMBRELLA LIABILITY Each Occurrence 0 Occur ❑Claims Made Aggregate U Deductible X LU A Workers Compensation and X I WC Statu- OTH- I Employers'Liability WC 71949 01/01/2023 01/01/2024 tory Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. LO E.L.Disease-Policy Limits $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 U Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 84-67-001 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Sub-Zero,Inc. C®1 Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s) ,while working 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 emailing a request to certificates@Iioninsurancecompany.com Project Name: ISSUE 12-16-22(BP) E U Begin Date:3 5 2012 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. 1100 SIMONTON STREET - r KEY WEST, FL 33040 Packet Pg. 317