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Item C05 C5 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tern Holly Merrill Raschein,District 5 Michelle Lincoln,District 2 James K.Scholl,District 3 m' David Rice,District 4 Board of County Commissioners Meeting October 18, 2023 Agenda Item Number: C5 2023-1542 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval of a Sixth Amendment to Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance to include additional locations, update addresses on some current locations, and to add and/or update a contract provision to allow for the option of Equipment Replacement and Installation by seeking a proposal only from the Contractor in accordance with the current Monroe County Purchasing Policy. Funding is Ad Valorem. ITEM BACKGROUND: On March 21, 2019, the BOCC approved a RFP 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. On March 17, 2021, the BOCC approved a Second Amendment to increase payment amounts by an annual CPI-U increase of 1.4% as per the Agreement and to update and/or add other revisions pursuant to County ordinances and/or Federal required contract provisions. Due to COVID-19 resulting in County reduced revenues, there was no annual CPI-U increase in 2020. On March 16, 2022, the BOCC approved a Third Amendment which increased payments by an annual CPI-U increase of 7%, renewed the agreement term for one (1) year year with a new term that commenced April 1, 2022, and terminated on March 31, 2023, and updated certain contract provisions. On February 15, 2023, the BOCC approved a Fourth Amendment which increased payments 6.5%, exercised the last one-year renewal with the new term commencing on April 1, 2023, and terminating on March 31, 2024, and updated additional contract provisions. On March 22, 2023, the BOCC approved a Fifth Amendment to update certain contract provisions and to specifically include provisions required by the American Rescue Plan Act (ARPA) Funding Agreement enabling staff to proceed with projects to be funded by ARPA and utilize its current contractor for these projects under its current 294 Agreement. Staff seeks approval of this Sixth Amendment to include or update additional locations and to update provisions which allow for the option of seeking a proposal/quote from the Contractor only for Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy. PREVIOUS RELEVANT BOCC ACTION: March 22, 2023 BOCC approved a Fifth Amendment to Agreement to update and include certain provisions required by the ARPA Funding Agreement to allow staff to utilize its current contractor on these projects and to update additional contract provisions. February 15, 2023 BOCC approved a Fourth Amendment to Agreement to increase payment amounts by the annual CPI-U adjustment of 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. March 16, 2022 BOCC approved a Third Amendment to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of 7% as of December 31, 2021, to renew the term for an additional one-year period, and add or modify additional provisions and certain Federal required Contract Provisions,pursuant to the terms of the Original Agreement. March 17, 2021 BOCC approved a Second Amendment to increase payment amounts by the annual CPI-U of 1.4% as of December 31, 2020, and to update and/or add current revisions pursuant to County ordinances and/or Federal Required Contract Provisions. May 20, 2020 BOCC approved a First Amendment to revise the 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 a 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, with the option to renew for an additional two (2) one-year periods. CONTRACT/AGREEMENT CHANGES: The Sixth Amendment with Sub-Zero, Inc., seeks to include other locations at the Cudjoe Fire Station #11, Big Pine Commissioner District Two Office, Big Pine Community Senior Center, a County-owned Big Pine Residential House, and the Rockland Key Complex consisting of Facilities Maintenance, Carpenter Shop, Roads & Bridges, Sign Shop, and Fleet Department, correct addresses for some locations, and to update contract provisions to obtain a proposal/quote solely from the Contractor Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy. STAFF RECOMMENDATION: Approval DOCUMENTATION: 10-1 8-2023-Sixth Amendment-Sub Zero-Partial Exec 03-22-2023-Fifth Amendment-Sub Zero Inc Exec 295 03-21-2019—Bid Award Agreement LK HVAC—SubZero—Exec 2022 12 C01 GL AL exp 12.10.23 signed.pdf 2022 12 C01 WC exp 1.1.24 Signed.pdf FINANCIAL IMPACT: Effective Date: 10/18/2023 Expiration Date: 3/31/2024 Total Dollar Value of Contract: $120,000.00/year Total Cost to County: $120,000/year Current Year Portion: $60,000.00 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: This Sixth Amendment updates contract provisions to allow staff to seek proposals/quotes from only the Contractor for Equipment Replacement and Installation, adds other locations, and updates addresses of some current locations. 296 SIXTH AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE MONROE COUNTY, FLORIDA This Sixth Amendment to Agreement is made and entered into this 18th day of October, 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 11.00 Simonton Street, Key West, Florida 33040, and SUB- ZERO, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6003 Peninsular Ave., No. 5, Key West, Florida 33040. WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for HVAC Maintenance and Service to County's Lower Keys Facilities (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on May 20, 2020, enter into a First Amendment to Agreement to revise the maintenance of records provision, non-discrimination, and termination clauses in its contracts and/or agreement to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the parties hereto did on March 17, 2021, enter into a Second Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CP1- U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original Agreement, and to update and/or add current revisions pursuant to County ordinances and/or Federal required contract provisions; and WHEREAS, the parties hereto did on March 16, 2022, enter into a Third Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of seven percent (7%) as of December 31, 2021, to renew the Original Agreement for an 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 WHEREAS, the parties hereto did on February 15, 2023, enter into a Fourth Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CP1- U adjustment of six and five tenths percent (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 WHEREAS, the parties hereto did on March 22, 2023, enter into a Fifth Amendment to Agreement to amend the Original Agreement to add and/or update provisions to bring it current with certain County, State or Federal required contract provisions and particularly the Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement awarded to Monroe County in 2022; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to include or update additional locations and to add and/or update provisions to allow for the option of Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy approved by the Board of County Commissioners; and 297 ------------ 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 Sixth Amendment to Agreement to include the Cudjoe Fire Station #11, Big Pine Commissioner District Two Office, Big Pine Community Senior Center, a County owned Big Pine Key Residential House, and the Rockland Key Complex consisting of Facilities Maintenance, Carpenter Shop, Roads and Bridges, Sign Shop, and Fleet Department, as additional locations, to correct the address on some locations, and to add or update certain contract provisions as set forth herein; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. The section titled, SPECIFICATIONS, Paragraph E, in Exhibit "A", of the Original Agreement, as amended, is hereby amended to delete Paragraph E, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: E) In the event an HVAC System or any of its major components or parts need to be replaced or repaired due to a major component failure or system breakdown, the County shall have the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto. Approval of such proposals/quotes shall follow the current Monroe County Purchasing Policy. 2. The section titled, SCOPE OF WORK, Paragraph A, in Exhibit "A", of the Original Agreement, as amended, is hereby amended to delete Paragraph A, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: A) The facilities are located throughout the Lower Keys. Buildings to be serviced shall include, but shall not be limited to, the following: 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 GATO BUILDING 1100 Simonton Street, Key West 2 298 HARVEY GOVERNMENT CENTER 1200 Truman Avenue, Key West TAX COLLECTOR/DMV OFFICES 3304 North Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 5501 College Road, Key West SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION 5655 McDonald Avenue, Stock Island, Key West BERNSTEIN PARK COMM:UNITY CENTER 6751 Fifth. Street, Stock. Island, Key West BAYSHORE MANOR 5200 College Road, Key West BIG COPPITT FIRE STATION #9 28 :Emerald Drive, Big Coppitt Key ROCKLAND KEY COMPLEX- FACILITIES MAINTENANCE, CARPENTER SHOP, ROADS & BRIDGES, SIGN SHOP,AND FLEET DEPARTMENT 123 Overseas Hwy., Rockland Key SHERIFF'S SUB-STATION 20950 Overseas Hwy, Cudjoe Key CUDJOE FIRE STATION #1.1 22.352 Overseas Hwy, Cudjoe Key BIG PINE KEY FIRE STATION#13 390 Key Deer Blvd., Big Pine Key BIG PINE KEY LIBRARY Big Pine Key Shopping Center, Big Pine Key COMMISSIONER DISTRICT TWO OFFICE Big Pine Key Shopping Center, Big Pine Key BIG PINE KEY COMMUNITY SENIOR CENTER Big Pine Key Shopping Center, Big Pine Key BIG PINE PARK COMMUNITY CENTER 31009 Atlantis Drive, Big Pine Key COUNTY OWNED RESIDENTIAL HOUSE 701 Sands Road, Big Pine Key All other provisions of Paragraph A of the Scope of Work remain the same. 3. :Except as set forth in Paragraphs 1 and 2 of this Sixth 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 PGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW) 3 299 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: Witnesses for CONTRACTOR: TRACTOR: SUB-ZERO, INC. Signat'hKe' Signature of person jh thorized to legally bind SUB-ZERO, INC. Printed Name:1 CeJ Date:. 51 -ot Date Print Name and Tifle Address: Signature r e_- Printed Name: _. pe t Sep Telephone Number Date MONRM COUNTY ATTORNEY'$OFFICE 20_11T_OQ4� PATRICLA EABLES A *T T' 4 300 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: April 14, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: March 22, 2023 BOCC Meeting The following item has been executed and added to the record: T3 5th Amendment to Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance to add or update certain contract provisions Funding is Ad Valorem. 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 301 cz_ FIFTH AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE MONROE COUNTY, FLORIDA This Fifth Amendment to Agreement is made and entered into this 22nd day of March, 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. WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for HVAC Maintenance and Service to County's Lower Keys Facilities (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on May 20, 2020, enter into a First Amendment to Agreement to revise the maintenance of records provision, non-discrimination, and termination clauses in its contracts and/or agreement to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the parties hereto did on March 17, 2021, enter into a Second Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CP1- U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original Agreement, and to update and/or add current revisions pursuant to County ordinances and/or Federal required contract provisions; and WHEREAS, the 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 CP1- 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 additional provisions and certain Federal required Contract Provisions, pursuant to the terms of the Original Agreement; and WHEREAS, the parties hereto did on February 15, 2023 enter into a Fourth Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CP1- U adjustment of six and five tenths percent (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 WHEREAS, the parties desire to amend the Original Agreement, as amended, to add and/or update provisions to bring it current with certain County, State or Federal required contract provisions and particularly the Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement awarded to Monroe County in 2022; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and 302 WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement and enter into this Fifth Amendment to Agreement to add or update certain contract provisions; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the Original Agreement is hereby amended to include the following: 1. The first paragraph of Paragraph 8, MAINTENANCE OF RECORDS, as set forth in-the Original Agreement, as amended, is hereby amended to delete the first paragraph and replace it in its entirety with the following paragraph: 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. Records shall be retained as applicable for 1) a period of five (5) years after all funds have been expended or returned to the Department of the Treasury, whichever is later; or 2) a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR §200.33, if applicable, 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 term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by the County or County 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 the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid by the Owner. Further, the Contractor is subject to the following: 1.) The Contractor shall maintain records and financial documents sufficient to evidence compliance with Section 602(c), Treasury's regulations implementing that section, and guidance issued by the Department of the Treasury regarding the foregoing. 2) The Department of the Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of the Contractor in order to conduct audits or other investigations. All other subsequent paragraphs, after this initial first paragraph, currently contained within Paragraph 8 of the Original Agreement, as amended, remain the same. 2. Paragraph 10, HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE, of the Original Agreement, as amended, shall be amended to include the following paragraph, positioned after the two paragraphs of the FDEM Indemnification, as the sixth paragraph within Paragraph 10: United States Department of the Treasury Indemnification 2 303 To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the United States Department of the Treasury 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. 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 sovereign immunity of the United States or the County. 3. Paragraph 13, NONDISCRIMINATION / EQUAL EMPLOYMENT OPPORTUNITY, of the Original Agreement, as amended, is hereby amended to add the following as the last paragraph of Paragraph 13 as follows: Title VI of the Civil Rights Act of 1964. The Conti-actor and any subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 4. Paragraph 43.18, Domestic Preference for Procurements as set forth in 2 C.F.R. §200.322, of the Original Agreement is hereby amended to delete the current Paragraph 43.18, as set forth in the Second Amendment to the Original Agreement, and replace it in. its entirety with the following paragraph: 43.18 Domestic Preference for Procurements as set forth in 2 C.F.R. §200322. The COUNTY and CONTRACTOR should, to the greatest 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 subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: (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 coatings, occurred in the United States. (2) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 3 304 5. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 43.22, Energy Efficiency, under the section as noted below, and shall read as follows: Other Federal and/or FEMA Requirements (as applicable) 43.22 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act P.L. 94-163; 42 U.S.C. §§6201— 422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation.Plan adopted pursuant thereto. 6. The Original Agreement, as amended, is hereby amended to add the following as Paragraph 50, and shall read as follows: 50. The Contractor shall be bound by the terms and conditions of the applicable Federally-Funded Coronavirus State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury (hereinafter "ARPA Funding Agreement") attached hereto and made a part of the Original Agreement, as amended, as Attachment A. 7. The Original Agreement, as amended, is hereby amended further to add the following Paragraph 51, Additional Federal and/or Department of the TreasuKY Requirements, as applicable, as related to the ARPA Funding Agreement, and shall read as follows: 51. Additional Federal, and/or Department of the Treasury Requirements (as applicable): The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: 51.1 Conflicts of Interest. The Contractor understands and agrees it must maintain a con fl i et-of-interest interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict-of-interest policy is applicable to each activity funded under this award as set forth in Attachment A. The Contractor and subcontractors must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 51.2 Remedial Actions. In the event of the Contractor's noncompliance with section 602 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 602(c) of the Act regarding the use of funds, previous payments shall be subject to recouprnent as provided in section 602(e) of the Act and any additional payments may be subject to withholding as provided in sections 602(b)(6)(A)(ii)(Ill) of the Act, as applicable. 4 305 51.3 Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury financial assistance may be used to ftind all or a portion of the contract. The Contractor agrees to comply with the requirements of section 602 of the Act, regulations adopted by Treasury pursuant to section 602(f) of the Act, and guidance issued by Treasury regarding the foregoing. The Contractor also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and the Contractor shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. Federal regulations applicable to this Department of Treasury award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this award an subject to such exceptions as may be otherwise provided by Treasury. Subpart F—Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and Systern for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Pail 170,1 pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 10 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 51.4 I-latch Act. The Contractor agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal 5 306 employment is in connection with an activity financed in whole or in part by this federal assistance. 51.5 False Statements. The Contractor understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy. 51.6 Publications. Any publications produced with funds from the federal award as set forth in Attachment A must display the following language: "This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 51.7 Debts Owed the Federal Government. a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor is finally determined to be authorized to retain under the terms of this award as set forth in Attachment A; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to Sections 602(e) and 603(b)(2)(D) of the Act and have not been repaid by Contractor shall Constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by Contractor. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Contractor knowingly or improperly retains funds that are a debt as defined in Paragraph 14(a) of the federal award as set forth in Attachment A. Treasury will take any actions available to it to collect such a debt. 51.8 Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to the Contractor or third persons for the actions of Contractor or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of services funded under the federal award as set forth in Attachment A or any other losses resulting in any way from the performance of services pursuant to any contract, or subcontract under this award. b. The acceptance of these funds provided by the federal award as set forth in Attachment A by the Contractor does not in any way establish an agency relationship between the United States and the Contractor. 51.9 Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, the Contractor may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or 6 307 grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. The Contractor shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 51.10 Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), The Contractor should adopt and enforce on-the-job seat belt policies and programs for its employees when operating company- owned, rented, or personally owned vehicles and encourage its subcontractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented, or personally owned vehicles. 51.11 Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Contractor should encourage its employees, subrecipients, and subcontractors to adopt and enforce policies that ban text messaging while driving, and the Contractor should establish workplace safety policies to decrease accidents caused by distracted drivers. All other terms and conditions of the Original Agreement, dated March 21, 2019, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 7 308 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ,is' BOARD OF COUNTY COMMISSIONERS ' � t �1t�t✓et: � IN MADOK, CLERK OF MONRO UNTY, FLORIDA V� By: r s D puty Clerk May& 40� J.C^P , •�a i1WTY Date: 3 2Z Z,G2-3 Witnesses for CONTRACTOR: ONTRACTOR: SUB-ZERO,INC. A LiQ 4 J � Signature of personifithorized to Signature I legally bind SUB ,ERO, INC. Printed Name: re6 L- Dater A_ Date Print Name and Tit f (y Address: o s �, �(g ature Printed Name: jj�,A t Jt_70.e Z4- 3 ' j Telephone Number � Date rri c=)4 C4, MONROE COUNTY ATTORNEY'S OFFICE T-( WEDXT% Q►� ..s sir �1 PATRICIA EABLES ASSIST p� ATTORNEY nA . 3 1 �1r23 __-- _ l 309 ATTACHMENT A CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS FINANCIAL ASSISTANCE AGREEMENT 9 310 Oki B Apprw,ed No. 1505-0271 Expiration Date I 1�30/2021 U.S. I7FII,'k'I'MENJ'1'01'"I'HE'I'RLASt,�IZY C',OR(I)NAVIRUS STAIT AND LOC,r1L FISCAL RE(.OVFRY 171,"NI)S Recipient name and address- DUNS Number 073876757 Monroe C'ount,v Board ofCornmissioners Taxpayer Identification Nurnbcr:596000749 1100 Simonton Street, Room 2-213 Assistance Listing Number and'fide: 21.027 Key West,Florida 33040 Sections 602(b,)and 003(b)of the Social Security Act(the Act)as added by section 9�)O t ofthe American Rescue Plan Act, Pub L.. No. 117-2(March 11,202 1)authorizes the Department cifthe Treasury(Treasury)to make Payments to certain recipients fron)the Ccironavirus Suite Fiscal Recoven'Fund and the Coronavirus Local Fiscal Recoveiry Fund, Recipients hereby agrees,as a condition to reCCiVing Such payment frorn Tre&qury, agrees to are terns attached hereto. Recipient: "'i"y signed by Time Boan Date:2022.08,02 09:11:02 Tina Boan 04'00' Authorized Representative Signature(above) Authorized Reproseritative Name: Tina Boan Authorized Ike presentative Tale, Senior 7)trcctol Bulger FuLwice Date Signed: U S. Department of the Treastu y: ALIthorized Representative Signature(above) Authorized Representative Murre: Jacob Lcibenluft Authorized Representative Ti tie: Chiel'Recoverr()fficej-,(_)[Ice OfReCoVerN Programs Date Signed: Mari 14,2021 PAPER,WORK The irdbunation cot lected wil I be used for the L!S.Goe ernrnent lie)process requests for suppKirl "Thor estunated kn den amovwted with this(,,Oectiarl of infurnationis 1,5niinutespe response Comments ft)rreduoingthi,hurden should bednected to the Office of 116%ac,,Tran narenc,and Rec olds,Department of the I'teaqui,,,j SX)pot y h,ania `,ve,N W,Washington D.0 20220.DO NOT e,ervj the S fono to fit is addl-ess..1,n apne,,,ma!not coxhictorsponscw,and a is not required Lo re'spond to,a coNection of I nj',.,4j21at1o1 I wless it displays a vatid control nunber assigned by 01,113, 10 311 ............ U.S.DEPARTMENT OFIAIE TREASURY (_70RONAVIRUS STATE FISCAL RECOVERY FUI�D AWARD TERMS AND CONDITTONS a, Recipient uriderst,,,irids and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c)and 603(c)of the Social Security Act(die Act)and'Treasury's regulations implementing that section and guidance. 1), Recipient will detennine prior to engaging in any pr(JeCt using this assistance that it has the institutional,,managerial,and financial capability to ensure proper planning,management,and completion of such project. 1 3 , The period of performance for this award begins on the date hereof and ends on Decemlv, ,r 31,2026,As set forth in Treasury's implementing reg-ulatiorts,Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and ends on December 31,2024, 3 ;a on Recipient agrees to comply with any reporting obligations,established by'freasury,as it relates to this award. 4 Maintenance of and Access to Recorl', a. Recipient shall maintain records and financial document,sufficient to evidence compliance with sections 602(c)and 603(c),Treasury's regulations implementing those sections,and guidance regarding the eligible uses of funds. b. 'The'treasury Office of Inspector General and the Government Accountability Office,or their authorized representatives, shall have the right of access to records(electronic and otherwise)of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five(5)years after all funds have been expended or returned to Treasury,whichever is later. i pu,�- Cs s Pre-award costs,as defined in 2 CY,R_ §200.458,may no)t be paid with funding from this award. 6.Achri inistrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7,Cost ShaLIEZ.Cost sharing or matching funds are not required to be provided by Recipient. 9 (".'anflicis ofInterest.,Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200 318(c)and that such conflict of interest policy is applicable to each activity funded under this award.Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity,as appropriate,,my potential conflict of interest affecting the awarded furick in accordance with 2 CY,R.§200.111 a.. Nvith Annficabie Law and Regulations, a, Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(t)and 603(t)of the Act,and guidance issued by Treasury regarding the foregoing Recipient also agrees to,comply with all other applicable federal statutes,regulations,and executive orders,and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include,without limitation,the following: 1. Uniform Administrative Requirements,Cost Principles,and Audit Requirement,;for]iederal Awards,2(..,,F,R,Part 200,other than such provisions is Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by'freasury. Subpart F--Audit Requirements of the Umfonn Guidance, implementing the Single Audit Act,shall apply to this award, ii, Universal Identifier and System for Award Management(SA.NA.),2 C.F.R.Part 25,pursuant to which the award term set forth in Appendix A to 2 C.F.R Part 25 is hereby incorporated by reference, in. Reporting Subaward and Executive Compensation Information, 2 C.F.R,Part 170,pursuant to,which the award term set forth in Appendix A to 2 C.F.R.Part 170 is hereby incorporated by reference. iv OMR,Guidelines to Agencies on(3overrimentwide DeNurnerit and Suspension(Nonprocurement),2 C.F,R. Pail 180, including the requirement to include a term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 CER.Part 180,subpart.13)that the award is subject to 2 CY. R.Part 180 anolTreasury's implementing regulation at 31 C.F.R.Part 19. ll 312 v. Recipient Integrity and Perfon-nance Matters,pursuaritto which the award term set forth in 2 C.F.R.Part 200, Appendix X11 to Part 200 is hereby incorporated by reference. vi. Goverrinientwide Requirements for Drug-Free Workplace,31 CF,R Part 20. vu. New Restrictions on Lobbying,31 C,F.R.Part 21. viii. Uniform Relocation Assistance arid Real Property Acquisitions Act of 1970(42 U,S.C.§§4601-4655)and implementing regulations. ix Generally applicable federal environmental laws and regulations c Statutes and regulations prohibiting discrimination applicable to this award,include,without limitation,the following: i. Title VI of the Civil Rights Act of 1964('42 U.S.(",§§20(K)d et seq.)and Treasury's implementing regulations at 31 C.FR.. Part 22 which prohibit discrimination on the basis of race,color,or national origin under programs or activities receiving federal financial assistance, ii. 'I fie Fair Housing Act,Title VIll of the Civil Rights Act of 1968(42 U.S.(- §§3601 et seq.),which prohibits discrimination in housing on the basis of race,color,religion,national origin,,sex familial status,or disability-, iii. Section 504 of the Rehabilitation Act of 1973„as amended(29 U&C, §794), which prohibits discrimination on the hasis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination.Act of 1975,as arnended(42 US.Cl. §§6101 et seq.).and Treasury's implementing regulations at 31 C.F.R.Fart 23,which prohibit discrimination on die basis of age in programs or activities receiving federal financial assjstancen and v. Title 11 of the Americans with Disabilities Act of 1990,as amended(42 U&C §§ 12101 et seq),which prohibits discrimination on the basis of disability under programs,activities,and services provided or made available by state and local governments or instrumentalities or agencies thereto. In the event of Recipient's noncompliance with sections 602 and 603 of the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirements,Treasury may impose additional conditions on the receipt oaf subsequent tranche of future award funds,if any,oi-take other available remedies as set forth in 2 C.F.R. §200.339.In the case of violation of sections 602(c)or 603(c)of the Act regarding,the use of funds,previous payments shall be subject to recoupment as provided in sections 602(e)and 603(e)of the Act, I I flat ch Act,Recipient agrees to comply,as applii cable,with requirements of the Hatch Act(5 U.S.0 §§ 1501-1508 and 7324-7328),which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12.False Statonf,�- Recipient understands that making false statenients or claims in connection with this award is a violation of federal law and may result in criminal,civil,or administrative sanctions„including fines,imprisonment,civil damages and penalties,debarment from participating in federal awards or contracts,and/or any other remedy available by law. 13,Publican mL Any publications produced with funds from this award must display the following hmguage:"This project[is being][wasf supported,in whole or in part,by federal award nuniber[enter project FAIN]awarded to Monroe County Board of Commissioners by the U,S.Department of the Treasury."' a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally detcrin ined to be authorized to retain under the terms of this award;(2)that arc,determ ined by the Treasury Office of Inspector General to have been misused,or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(c)and 603(c)of the Act and have riot been repaid by Recipient shall constitute a debt to the federal government. li. Any debts determined to be owed the federal government must be paid promptly by Recipient A debt is delinquent if it has riot been paid by the date specified in Treasury's initial written demand for payment,unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt,is defined in paragraph 14(a). Freasury will take any actions available to it to collect such a debt. 12 313 ----------- I i Disclaimer a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death,bodily injury,property damages„or any other losses resulting in any way from the performance of this award or any tether losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in.any way establish an agency relationship between the United States and Recipient, 16 Protections for lh'histiclalcawers. a. 1n accordance with 41 'U.S.C, §4712„Recipient may not discharge,demote„or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below,information that the employee reasonably believes is evidence of gross m ism anagement of a federal contract or grant,a gross waste of federal funds,an abuse of authority relating to a federal contract or grant,a substantial and specific;dander to public health or safety,or a violation of law,rule,,or regulation related to a federal contract(including the;competition for or negotiation of a contract)or grant. b. The list of persons and entities referenced in the paragraph above includes the following. i. A member of Congress or a representative of a committee of Congress; r`i. At)Inspector General, iii The Governmcnt.Accountability Office, iv. .A"treasury employee responsible for contract or grant oversight or manage.ntent; v. An authorized official of the Department of Justice or other law enforcement agency; v i. A court;or grand jury;or vii. A mm igemerat official or other employee of Recipient,contractor,or subcontractor who has the responsibility to investigate„discover,or address inisconduct. c. Recipient:shall i.nfor a its employees in writing;of the rights and remedies provided under this section,in the predominant native language of the workforce. 17. In;r asiraa aut min the United,Sualt Pursuant to Executive Order 1:3043,tit F'R 19217(Apr, 18, 1997),Recipient should encourage its contractors to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned,rented or personally owned vehicles. I f1 R d r Dirty Text Ve s,,zapiro Whiled Purstatant to Executive,girder 13513,74 FR 51225(Oct. 6,7009)„recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text rnessag*ing while driving„and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 13 314 OMB Approved No. 1505-0271 1^.xpiration Date: 11/30/2021 ASSURANCE OF COMPTAANCE WITH CIV11,W.Gi-rrS REQLIREMENTS ASSURANCE OFTFLE CIVIL,RIGHTS A(.,T'OF 1964 As a condition of receipt of federal financial assistance from the Department.of the Treasury,the Monroe County:Board of (-oramissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistance may include federal grants,loan:,and contract,;to provide assistance to the recipient's licneficiaries,the use or rent of Federal larid, or property at below market value,Federal training,a loan of Federal personnel,subsidies,and other arrangements with the intention of providing assistance.Federal financial assistance does not encompass contracts of guarantee or insurance,regulated prograrns,licenses,procurement contracts by assist h Federal government at market value,or programs that provide direct benefits. This assuranceaf)plies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights ReStOTation Act of 1997 provides that the provisions of this assurance apply to all of the recipient's progrimis, services arid activities,so long as any portion of the recipient's program(s)is federally assisted in the manner proscribed above I. Recipient ensures its current and future compliance with Title VI of the(7ivil Rights Act of 1964,as amended,which prohibits exclusion from participation,denial of the benefits of,or sulk ection to discrimination under programs and activities receiving federal funds,of`any person in the United States on the ground of race,color,or national origin(42 U.S.C. §20(od et seq.).,as implemented by the Department of the Treasury Title V.1 regulations at 31 CFR Part.22 and other pertinent executive orders such as Executive Order 13166r directives;circulars;policies;memoranda and/or guidance documents. 1 Recipient acknowledges that Executive(")rder 13166,"Improving Access to Services for with Limited English Proficiency,"seeks to improve access to federally assisted programs and activities for individualsArlio,because.of national origin,havel.imited English proficiency(1,EP).Recipient understands that,denying a person access to its programs, .service-,,and activities because of L,EP is form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the'freaSMY'S implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's directives,to ensure that I.EP persons have meaningful access to its prognuns,set-vices,and activities.Recipient understands and agrees that meaningful access may entail providing language assistance services,including oral interpretation and written translation where necessary,to ensure effective communication in the Recipient's programs,services,and activities, 3. Recipient agrees to consider the need for language services for 1,F,,P persons during development of applicable budgets and when conducting programs,services and activities.As a resource,the Department of the Treasury has published its L,E,P guidance at 70 FR 6(..)67.For more information on LEP,please visit ttr,)-,-//w,,w _a a. 4. Recipient acknowledges and agrees that compliance with this assurance constitutes a Condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors,transferees and assignees;for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees,contractors,subcontractors,successors, transferees,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to Title V1 and its regulations between the Recipient,and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-grantee, contractor,subcontractor,successor transferee,and assignee shall comply with Title VI of the CAWRighu Act ol'1964, which prohibia recipients of&dcralfinancial assistance from 6wcludingftom a program or acnvjty, ciepzYing benefits oil'or otherwise discrnniriatii�against a person on the basis qfrace, color; or national ongin(42 ().&C.§2000detseq.), as implemented kv the Department raf the Treasury's Title V1 regulation Y,31 CPR Part 22, which are,herein incorporatl&by riy,erence and nuide apart ql'this contract for agreement). .Title T,7 also includes protection to persons with "Limited English Pr qficiency"in any'program or activity receivingftderal financial assistance, 42 U.S.0.. §2000d elseq., as implemented bY the Depannient of 1he Treasiny'!Z Title T,7 regulations, 31 CRR Part 2Z and herein inew,porate,d by re.jerence and made a part qfthis contract or agreement. 6 Recipient understands arid agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury,this assurance obligates the Recipient,or in the case of a subsequent transfer-,the transferee,for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar sery ices or benefits.If any 14 315 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property, T Recipient shall cooperate in any enforcement or compliance review activities by the Department of theTreasur-y of the aforementioned obligations. F,nforcement may include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result from these actions, That is,the Recipient,shall comply with information requests, on-site compliance reviews,and reporting requirements. 8. Recipient shall maintain a complaint.log and inform the Department of the Treasury of`any complaints of discrimination or) the grounds of race,color,or national origin,and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide,upon request,a list of all such reviews or proceedings based on the complaint,pending or completed,including outcome,Recipient also must inform the Department ofthe Treasury if Recipient has received no complaints under Title V[_ 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of"fide VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding.If the Recipient settles a case or matter alleging such discrimination,the Recipient must provide documentation of the settlement.IT Recipient has not been the subject of an),court or administrative agency finding of discrimination,please so state. M If the Recipient makes SUb-awards to other agencies or other entities,the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients. The LJmted States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing,in this document alters or limits the federal enforcement measures that the United States may take in older to address violations of this document or applicable federal law Under penalty of"perjury„the undersigned official(s)certifies that he/she has read kind understood its obligations as herein described,that any information submitted m,conjuriction with this assurance docurnerttL'S accurate and complete,and that th Recipient is in comphan,$'A h the aforementioned nctridiscrinlination requirements. Recipient Tina Boan 2L2 �q(" (J Signature of Authorized Official: PAPEAWORK P&DUCTION AC NOUCE. The infortnation collected will be used for the U.S.GovernInent to process requests l6rsu1q)ort.The esurtrated burden a"ociata(l wall t1a,collection of infointrition is 15 unnates per response.C''ontruelds concerning the accuracy of this barden estimate atul suggestions for re(lucing this burden shoald Le directed to tlie Office of Privacy,Transparency and Records,Departinerl of theTreassury,1500 Pennsylvania Ave.,N.W.,Washingion,17 C 20=0.DO NOT send the form to this a(kiress,An agency may not condact or sponsor,and a Person is not required to respond to,a collection ofinfornadion antess it displays aralici control number asRigned by C)MB. 15 316 Date CERTIFICATE OF LIABILITY INSURANCE 12/16/2022 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 1 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 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 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(MM/DD/YY) Date(MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA Claims Made ❑ Occur occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑Project ❑ LOC Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos �. Scheduled Autos (Per Person) irk Hired Autos � ^' �, Bodily Injury Non-Owned Autos By 1 „.... 4 �2 3 (Per Accident) �� . Property Damage .� (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate Deductible A Workers Compensation and x I WC Statu- OTH- 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. 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 emailing a request to ce rtif icates@ lion insurancecompany.corn Project Name: ISSUE 12-16-22(BP) Be in 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. KEY WEST, FL 33040 317 pOV.t OOURr'OO 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. SUBJECT: March 21"BOCC Meeting Attached is an electronic copy of each of the below items for your handling. C2 Agreement with Sub-Zero, Inc., in an annual amount not to exceed $120,000.00, for Lower Keys HVAC Maintenance& Service. Funding is ad valorem. C3 Agreement with Master Mechanical Services, Inc., in an annual amount not to exceed $70,000.00, for Middle Keys HVAC Maintenance& Service. Funding is ad valorem. 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. 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. 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. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florid? 11^70 305-294-4641 305-289-6027 305-852-7145 305-852-7145 318 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. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit "A"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit"A"; and WHEREAS,it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in attached Exhibit"A"for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document,the Request for Proposals("RFP")documents,exhibits, and any addenda only. 2. SCOPE OF WORK: 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. See Exhibit"A" 3. Personnel 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 319 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. 4. Background Checks/Finger Printing Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s)of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees,and shall be solely responsible for the pay,worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; 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 conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who,in the judgment of MCSO,poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees,who previously completed the 2 Lower Keys HVAC Mainteance and Service Agreement 320 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 accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted 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 321 $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). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. Refrigerants evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. Contractor shall provide all Refrigerants weight and compliance reports as per EPA refrigerant recycling regulations under Section 608 of the Clean Air Act and any amendments. Contractor shall submit itemized invoices in writing. There are no additional costs for travel, mileage, meals, or lodging. 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 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 three (3) years. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 4 Lower Keys HVAC Mainteance and Service Agreement 322 8. MAINTENANCE OF RECORDS Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. Right to Audit. Arailability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit 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 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 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 323 associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701, and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are 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 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 the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody,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 324 10. HOLD HARMLESS, INDEMNIFICATION,DEFENSE,AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,. Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A)any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement,except to the extent the claims,actions,causes of action,litigation,proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees,agents,contractors,or invitees(other than Contractor). The monetary limitation of liability under this Agreement shall be not less than$1 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 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 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. 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 325 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 restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees,agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 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 not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 13.NONDISCRIMINATION Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC §§ 1681-1683,and 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 326 of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse;6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;8)Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion,national origin, ancestry,sexual orientation,gender identity or expression,familial status or age;and 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. 14.ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall be subject to such conditions and provisions as the Board may deem 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. 16. DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it,its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing 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 327 Agreement and that it has not paid or agreed to pay any person, company,corporation,individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement,without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 17.NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 18.NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt 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 3583 South Roosevelt Blvd. Key West, FL 33040 Key West, FL 33040 and County Attorney 1111 12"'Street, Suite 408 Key West, FL 33040 19.TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials.Contractor shall be responsible for any and all taxes,or payments of withholding,related to services rendered under this agreement. 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 328 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 in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 21. GOVERNING LAW,VENUE,AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or 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 circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The 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 329 the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. 26. COOPERATION , 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 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. 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 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 330 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 claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 36. SECTION HEADINGS 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 331 public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County. Therefore, this agreement is not to be construed against either party on the basis of authorship. 39. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 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 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 Lower Keys HVAC Mainteance and Service Agreement 332 IN WITNESS WHEREOF; each party has caused this Agreement to be executed by its duly representative. �Y Y f oar• BOARD OF COUNTY COMMISSIONERS VIN MADOK, CLERK OF MONR CO , FLORIDA By:�a.r+- By: Deputy Clerk yor Date: a 216 Z°i 9 Date:_ Z!, s't q Witnesses for CONTRACTOR: CONTRACTOR: XO,INC. - Signature o person thorize o Signature legally bind CONTRACTOR Date: L9 ate Print Name Print Name and itle Address:m?, LU) Si nature _ rZ�05 2c3d dq2LjT2 Telephone Number Date Print Name cri LU .z MONROE COUNTY ATTORNEY'S OFFICE ct: APPROVED AS TO; .O� c PATRICIA EABLES CC !irp ASSISTANTCOU ARNEY ,mot .q ►. QATE• .�.7- �ze . 15 Lower Keys HVAC Mainteance and Service Agreement 333 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, upon award of the contract,shall provide a contact person and phone number for building and equipment access. C) The CONTRACTOR shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County maintained central air conditioning units so that such emergency repairs will be completed within forty-eight (48) hours of notification by the County. D) The County shall pay the actual cost of parts,materials,and refrigerants,excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the 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 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 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. 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 334 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 GATO BUILDING 1100 Simonton Street,Key West 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, SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION 5655 McDonald Avenue, Stock Island,Key West BERNSTEIN PARK COMMUNITY CENTER 6751 Fifth Street, Stock Island, Key West BAYSHORE MANOR 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 BIG PINE KEY LIBRARY Big Pine Key Shopping Center,Big Pine Key BIG PINE PARK COMMUNITY CENTER 31009 Atlantis Drive, Big Pine Key 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 335 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 professional manner. xiii. Detailed tickets to include but not limited to: work performed,start and end times, building location, units serial number,and a list of parts or refrigerant used. Corrective Maintenance Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection or preventative maintenance, or have failed during operation, will be provided. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used. i. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County Air Conditioning Systems so that such emergency repair will be completed within forty-eight (48) hours of notification by the County. The 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 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 336 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. Random inspections shall be performed by County Representatives from the Facilities Maintenance Department administering the contracts. Deficiencies shall be corrected within a twenty-four(24)hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice. 19 Lower Keys HVAC Mainteance and Service Agreement 337 �^ 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. INSURER e:FCCI Insurance Co. 10178 6003 Peninsula Ave#5 Key West,FL 33040 INSURER C: INSURER D: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP LIMITS B I X COMMERCIAL GENERAL LIABILITY immighryYyyi 1 000,000 EACH OCCURRENCE g r CLAIMS-MADE OCCUR Y GL100034785-01 01l02/2019 01/02/2020 DAMAGE TO RENTED g 100,000 MED EXP An one person) 5,000 OWN PERSONAL&ADV INJURY g 1,0001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 2,000,000 POLICY❑JECT LOC PRODUCTS-COMP/OPAGG 2,000,000 OTHER: A AUTOMOBILE LIABILIri COMBINED SINGLE LIMIT a ars)danIl g ANY AUTO Y 050485391 11/14/2018 11/14/2019 BODILY INJURY Per arson $ 1,000,000 X A TOS ONLY SCHEDULED II Q� QQ EEp BODILY INJURY[Per accident) $AUTOS 1,000,000 X AT OS ONLY X AA8P6 pNLY PROPERTY r acGtlent AMAGE 1,000,000 Pe g UMBRELLA LIAR H OCCUR g EACH OCCURRENCE g EXCESS LIAR CLAIMS-MADE a pR V GE ENT AGGREGATE g DEL) RETENTION S WORKERS ND EMPLOYERS LIABILITY YIN WAIVE N/A ES PERTUTE OTH- ANY PROPRIETORlPARTNER/EXECUTIVE(Ma I ER nOFII EXCLUDE07 ❑ N/A E.L.EACH ACCIDENT g (Mandatory in NH) If Eyes,describe under E.L.DISEASE-EA EMPLOYEE DSCRIP ION OF pPERATIONS below E L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) LIC#cac049249 RTIFICATE HOLDER A 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 338 P i I -- Date CERTIFICATE OF LIABILITY INSURANCE .. 1/23/2019 p Producer: PlynIOLIth 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 istPersonnel Leasing, Inc. &Subsidiaries In^uFarA UonlruuranceCompany` 11075 2739 US:Highwway 19 N. Incurier 8: Holiday,FL 34691 irisurcir c! Insurer D. i Insurer E: Coverages Tne PrJlcas of I1ilrr,7nca;listad batMvhave tsean ususd,tD,the MSurrd named above fof the_ is period InAtatod-No:vdU+btanding ary'repulrcmcryt,ler/rtor,Li:rhditton of any cbnbaC ar othertlrtcum�nt. a'Aot rsispaq to whsh Y'ds;osriifita(ry ma be Issued or may y V p ICmlts siloixn _ Y y pertain,the insurance afforded b the olicies described herein is subject to nli the terms,exclusions,and conditions or ouch policies.Aggregate may heve,been reduced by paid claims, i r INSR ADDL :Policy'Effective Pollcy;ExpirOtfli't Limits - LTR INSRD Type of Insurance Policy Number Date Date (MMJDD[YY) {(ylpU.DD/YY) GENERAL LIABILITY Each Occurrence z I Commercial General Liability Damage to rented premises(EA Claims Made ® Occur occurrence) ; -.. _ Mad Exis .. General aggregate limit applies per: Personal Adv Injuryli PP��ccr Policy Project ® LOC General Aggregate _ Products-ComptOp Ago AUTOMOBILE LIABILITY Combined Single Limit Any Auto (EA Accident) All Owned Autos p n�t�� Bodily Injury .Scheduled Autos Y,A� r'x�tr-MEINT (Pm Person) I Hired Autos eY Bodily Injury Non-Owned Autos n- (Per Accident) Alk" Nit Properly Damage Y �.�.--- (Per ACdtlenn EXCESS/UMBRELLA LIABILITY Each Occurrence Ocar ®claims Made Aggregate Deductible A Workers Compensation and WC 71949 01/01/2019 01/01/2020 X o'c Statu- OTH- Employers'Liability to Limits- ER Any proprietor/partner/execuilve oHlcerimember E.L.Each Accident stpoo.0oo excluded? NO If Yes,describe under special provisions below. E.L.Disease-Ea Employes si,000,oco E.L.Disease-Policy Limits S1,J)DO.000 Other" Lion Insurance corn' balify is A.M.Best.Company rated A Excellenk).,AMB#'.126i6. Descriptions of Operations/Locations/Vehicies/Exclusions added by Endorsement/Special Provislons: a on applies to active employee(s) Client ID; 84 57-001 .Coverage ty pPl ployee(s)of South East Personnel Leasing,Inc.�Subsidiaries that are leased to the following"Client Company"; �ui%ZQrg'Y°sic. Coverage only applies to inJurfes 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 emall 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) ` CERTIFICATE HOLDER - - - - �=orp�'-_'*- egln Datsr3 S 2412 _ "" CANCELLATION - MUNHPE COUNTY Should any of the"atgvo descrlbed,poliaar be canxiiad 66Fsate ihuri of 1tm IssuingBOARD OF COUNTY COMMISSIONERS Incurarillendeavortomaii 30 days mitten notice to the oened m the lati but liailure todo so cnait Impose no obligation or liability of any Idnd upon tnts or representalive..1100 SIMONTON ST KEY WEST, FL 33040 339 Client#: 66055 SUBZE DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 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 239 435 7150 FAX 239 213 2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Southern-Owners Insurance 10190 INSURED INSURER B:Owners Insurance 18988 Sub Zero, Inc. INSURER C 6003 Peninsular Avenue#5 Key West, FL 33040 INSURER D: 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 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 A X COMMERCIAL GENERAL LIABILITY X X 2023122014477522 12/10/2022 12/10/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa 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 B AUTOMOBILE LIABILITY X X 5310466300 12/10/2022 12/10/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ A X UMBRELLA LIAB X OCCUR 5310466301 12/10/2022 12/10/2023 EACH OCCURRENCE $5 OOO 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION$10000 $ W AND EMPLOYERS'LIABILITY ORKERS COMPENSATION '1r4 STATUTE EORH PER Y/N +"„ ANY PROPRIETOR/PARTNER/EXECUTIVE N a "" E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) „. .4 ,. �. E.L.DISEASE-EA EMPLOYEE $ If yes,describe under �' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ WAW ° . 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 regards to Auto Liability only as required by written contract per form 58504 0115 and Waiver of Subrogation per form 58583 0115. Umbrella follows form. CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 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 reserv-1 ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 340 #S1895130/M1891464 TKM21 Date CERTIFICATE OF LIABILITY INSURANCE 12/16/2022 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 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(MM/DD/YY) Date(MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA Claims Made ❑ Occur occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑Project ❑ LOC 'T Products-Comp/Op Agg 1r4 AUTOMOBILE LIABILITY '° Combined Single Limit (EA Accident) Any Auto "^^' .r1 6 � ,� W C" o. :i.l v Bodily Injury All Owned Autos I� .r ...... mow, . — m (Per Person) Scheduled Autos WAW Hired Autos Bodily Injury (Per Accident) Non-Owned Autos Property Damage (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate Deductible A Workers Compensation and X I WC Statu- OTH- Employers'Liability WC 71949 01/01/2023 01/01/2024 for 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 i 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 emailing a request to ce rtif icates@ lion insurancecompany.com Project Name: ISSUE 12-16-22(BP) 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. KEY WEST, FL 33040 341