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2nd Amendment 09/20/2023
GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 27, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: September 20, 2023 BOCC Meeting The following item has been executed and added to the record: C10 2nd Amendment to Agreement with Tower Pest Control, Inc. for Pest Control- Lower Keys, Monroe County, Florida, to apply a CPI-U increase of 3%, effective October 1, 2023. Funding is Ad Valorem, Parks and Beaches Fund 147, and TDC. The annual contract amount shall not exceed $43,340.00. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 i . SECOND AMENDMENT TO AGREEMENT FOR PEST CONTROL - LOWER KEYS MONROE COUNTY, FLORIDA This Second Amendment to Agreement for Pest Control, Lower Keys, is made and entered into this 20th day of September 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 TOWER PEST CONTROL, INC., a Florida Profit Corporation,authorized to do business in the State of Florida,("CONTRACTOR"),whose address is 7760 West 20 Ave., Bay 14, Hialeah, Florida 33016. WHEREAS, on September 21, 2022, the parties entered into an Agreement for Pest Control — Lower Keys ("Original Agreement") for the CONTRACTOR to provide pest control services for the Lower Keys Facilities owned by Monroe County; and WHEREAS,on March 22, 2023, the Board of County Commissioners("BOCC")approved the First Amendment to the Original Agreement, which deleted and added locations for monthly pest control; and 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. 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 or 3%, whichever is less, and provides for three (3) optional one-year renewal periods to extend the term of the agreement; and WHEREAS, this Second Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of three percent (3%), which was the lesser increase, effective October 1, 2023; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to enter into this Second Amendment to the Original Agreement to provide for the annual CPI-U adjustment of three percent (3%), pursuant to the terms of the Original Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree to amend the Original Agreement as follows: 1 s� 1. In accordance with Paragraph 6 of the Original Agreement, 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 on December 31 of the previous year or 3% whichever is less. The CPI-U on December 31, 2022, was 6.5%,therefore the annual CPI-U increase shall be three percent (3%), effective as of October 1, 2023. 2. Paragraphs 5, C.and D., CONTRACT SUM AND PAYMENTS TO CONTRACTOR,of the Original Agreement, shall be amended to reflect the CPI-U increase,as follows: C. The cost of labor used by the contractor to fulfill the obligation of the Contract will be included in the following amounts of: FACILITY ADDRESS FREQUENCY TREATMENT Higgs Beach Dog Park 1000 Atlantic Blvd.,Key West Monthl $15COST y 4,50 West Marteuo 1100 Atlantic Blvd.,Key West Monthly $257 50 Bernstein Park 6751 5121 St.,Stock Island Monthly $154.50 Wilhelmina Harvey Park 360 Ave F.,Big Coppitt Quarterly $103.00 Pine Channel Nature Park 29550 Overseas Hwy., Big Pine Monthly $97.85 Big Pine Community Park 31009Atlantis Rd., Big Pine Monthly $309 00 Watson Field Dog Park 30150 South St.,Big Pine Monthly $154 50 Gato Building 1100 Simonton St., Key West Monthly $123.60 Harvey Government Center 1200 Truman Ave., Key West Monthly $97.85 Historic Courthouse 500 Whitehead St., Key West Monthly $97 85 Jefferson Browne(Ind.Old 502 Whitehead St.,Key West Monthly $97 85 Jail Lester Building 530 Whitehead St.,Key West Monthly $97.85 Freeman Justice Center 302 Fleming St.,Key West Monthly $97.85 Key West Library 700 Fleming St., Key West Monthly $61 80 Bayshore Manor 5200 College Road, Stock Monthly $97.85 Island County Attorney Offices 1111 12th St.,Suite 408, Monthly $41.20 Key West Public Defender Office#310 1111 12th St.,Suite 310, Monthly $41.20 Kev West Big Pine Key Library 213 Key Deer Blvd.,Big Pine Monthly $41.20 Key Blue Heron Community Center 30451 Lyttons Way,Big Pine Monthly $36.05 Big Pine DMV 247 Key Deer Blvd.,Big Pine Monthly $30.90 Comrnlssionef Lincoln Office 243 Key Beer Blvd.,Big Pine Monthly $30.90 Stock Island Fire Station#8 5655 MacDonald Ave.,Stock Monthly $46.35 bland Big Pine Key Fire Station#13 390 Key Deer Blvd.,Big Pine Monthly $46.35 Big Coppitt Key Fire Station#9 28 Emerald Dr.,Big Coppitt Monthly $46.35 Sugarioef Key Fire Station# 17097 Overseas Hwy., Monthly $46.35 10 Sugarloaf Key Cudjoe Key Fire Station#11 22352 Overseas Hwy.,Cud jve Monthly $46.35 Ke 2 k 2 Public Works Trailers and 123 Overseas Highway, Monthly $46.35 Fleet Garage @ Rockland Key Rockland Key Site Key West DMV 3304 N.Roosevelt Blvd.,Key Monthly $41.20 West I Total Annual Cost for Facilities Maintenance for eighteen (18) Locations, twenty- three (23) Buildings Is Fifteen Thousand Seven Hundred Fifty-nine and 00/100 ($15,759.00) Dollars. Total Annual Cost for Parks and Beaches for seven(7) Locations,three(3) Buildings Is Thirteen Thousand Nine Hundred Forty-six and 201100 ($13,946.20) Dollars. Facilities Maintenance and Parks and Beaches Departments shall be invoiced separately. There shall be no additional charges to the County for travel, mileage, meals, or lodging. D. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Forty-three Thousand Three Hundred Forty and 001100 ($43,340.00) Dollars, unless pre-approved work requiring additional funds is implemented. 3. Except as set forth in Paragraphs 1 through 2 of this Second Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] i 3 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Second Amendment to Agreement on the day and year first written above and shall be deemed an original contract. ,,,,,,-;--;.:::,(-3.1::--3...,\ Itl' Gi.g 23 BOARD OF COUNTY COMMISSIONERS �y i'' 5' .'r)(4 tio #: KEVIN MADOK, CLERK OF MON/R110) OUNTY, FLORIDA As eputy lerk ayor Date: Q 12o) . 07-)3 "`Cr' '.Witnesses for CONTRACTOR: CONTRACTOR:TOWER PEST o u„ CONTROL, INC. c� C:::: CIL Z ))1‘4 .\ = -- r ! - , ,. By: RGncifCo Toc(e Ow ---1 er' 21/y\Vc2-44 Signature of person authorized to Signature legally bind CONTRACTOR Date: t 1 Io l 202 3 I-1z`2:0t 1SS\LCI. tZ curruTco VW( Q(CcidcM Date Print Name Print Name and Title 02nrif-4,3i2Aq Address:11104 VJ, 20 R. Signature tLy 1 q 1-40IeO1n, -\ 33o\Lo Telephone Number: 30 s in^3`6b8 111101,3 Q 1iuW 'coCf(. Date Print Name MONROE COUIfTY ATTOANETS OFFICE 2,,P6EvEDftS TO FORh" 4 PATRICIA EASLES ASSISTA13,9 8 y0FINEY DATE: _ I TOWERPE001 APAS UALINI ACORO"° CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) `64 7/20/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Amanda Pasqualini NAME: Riemer Insurance Group,Inc. PHONE FAX 754 202-0883 P O Box 250 (A/C,No,Ext): (A/C,No): Hallandale,FL 33008 E-MAIL apasqualini@riemerinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Im erium Insurance Company 35408 INSURED INSURER B:InfinityAuto Insurance Company 11738 Tower Pest Control,Inc. INSURER C:TechnologyInsurance Co. 42376 7760 West 20th Ave, Bay 14 INSURER D: Hialeah, FL 33016 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR IICGLO795602 7/22/2023 7/22/2024 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X 509820061744001 7/21/2023 7/21/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS-MADE IICEX0102002 7/22/2023 7/22/2024 AGGREGATE $ 4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER TWC4276158 7/22/2023 7/22/2024 1,000,000 ANY PROPRIETOR/ R/EXECUTIVE ❑ X E.L.EACH ACCIDENT $ EXCLUDED? OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) T EL DISEASE-EA EMPLOYEE $ D 1,000,000 yes,describe under ltrtG -E.L. DESCRIPTION OF OPERATIONS below `I ,".,.. E.L.DISEASE-POLICY LIMIT $ 1,000,000 B why" _X _. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Pest Control Operations Monroe County Board of County Commissioners,its employees and officals is included as Additional Insured with respects to General Liability&Auto Liability,Waiver of Subrogation with respects to the General Liability&Workers Compensation,applies as required by written contract,subject to policy terms,conditions and exclusions with regards to the Named Insured's operations. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count Board of Count Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD