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Item C18 C18 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting April 17, 2024 Agenda Item Number: C 18 2023-2356 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Ratification of prior approval of agenda item C.12. on the March 20, 2024, BOCC meeting, approving the Seventh Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance and Service, to extend the term of the Agreement on a month-to-month basis for a period not to exceed six (6) months pending the advertising of a Request for Proposals (RFP) and award of a contract. An incorrect Amendment was attached to the March item with the correct Amendment now attached for ratification. Funding is Ad Valorem and Fines and Forfeitures. ITEM BACKGROUND: When the BOCC approved agenda item C.12. on March 20, 2024, for a Seventh Amendment to Agreement of Master Mechanical Services, Inc. (Master Mechanical), for Upper Keys services, the wrong Amendment was attached to the item. There were two items on the March agenda for Master Mechanical with one being for the Middle Keys services and the other for the Upper Keys. Staff inadvertently attached the Middle Keys Amendment to agenda item C.12, when it should have attached the Upper Keys' Amendment. The Seventh Amendment extends the term of the Upper Keys Original Agreement on a month-to-month basis pending the advertising of an RFP and the award of a contract and to update other provisions to bring the Agreement current with certain County, State, or Federal contract provisions. Staff has attached the correct Seventh Amendment to this item and seeks approval now to ratify this Seventh Amendment for the Upper Keys services by Master Mechanical. The history of this contract is noted below in previous BOCC action. PREVIOUS RELEVANT BOCC ACTION: March 20, 2024 BOCC approved a Seventh Amendment extending the term, which terminates on March 31, 2024, on a month-to-month basis not to exceed six (6) months pending the advertising of an RFP and the award of a contract and updated provisions to bring the Agreement current with certain 1136 County, State, or Federal contract provisions. The wrong Amendment was inadvertently attached for the Middle Keys Amendment though. September 20, 2023 BOCC approved a Sixth Amendment to update certain contract provisions to 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. June 21, 2023 BOCC approved a Fifth Amendment to Agreement to add and/or update certain contract provisions to bring it current with County, State, or Federal required contract provisions and particularly provisions to comply with the Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement(ARPA Funding Agreement) awarded to Monroe County in 2022. February 15, 2023 BOCC approved a Fourth Amendment for the last optional one-year renewal with an annual CPI-U increase of 6.5% and updated the first paragraph of Paragraph 10 of the Agreement to comply with State and/or County contract provisions. The one-year renewal term commenced on April 1, 2023, and terminates on March 31, 2024. March 16, 2022 BOCC approved a Third Amendment for an annual CPI-U increase of 7% based on the CPI-U as of December 31, 2021, and exercised the first of two options to renew the agreement term for one (1) year, which commenced on April 1, 2022, and terminated on March 31, 2023. Additional contract provisions updated the Agreement pursuant to County policies or ordinances and/or Florida statutes. March 17, 2021 BOCC approved a Second Amendment to Agreement to increase the payment to the Contractor by an annual CPI-U increase of 1.4% as of December 31, 2020. July 159 2020 BOCC approved a First Amendment to increase the annual agreement amount from $50,000.00 to $80,000.00 and amend the Maintenance of Records provision in Paragraph 8 of the original Agreement to update the provision and/or correct errors pursuant to County ordinances. March 21, 2019 BOCC approved a Bid Award Agreement with Master Mechanical for the Upper Keys HVAC Maintenance and Service, with an initial three (3)year term with an option to renew for an additional two (2) one-year periods. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: The wrong Seventh Amendment was attached to the agenda item on March 20, 2024, when the BOCC approved a Seventh Amendment extending the term, which terminates on March 31, 2024, on a month- to-month basis not to exceed six (6) months pending the advertising of an RFP and the award of a contract and to update provisions to bring the Agreement current with certain County, State, or Federal contract provisions. The correct Seventh Amendment has been attached hereto and COI has been updated. STAFF RECOMMENDATION: Approval DOCUMENTATION: 03-20-2024-Seventh Amendment-UK Master Mechanical (Final legal stamped)Partial Exec.pdf 09-20-2023-Sixth Amendment -C22_Master Mechanical(Upper Keys)-Exec.pdf 06-21-2023-C-17-Fifth Amendment -UK Master Mechanical-Exec.pdf 1137 2-15-2023 Fourth Amendment-UK Master Mechanical.pdf 03-16-2022-Third Amendment-UK Master Mechanical-Exec.pdf 03-17-2021—Second Amendment-Item T5—MT 7879—UK Master Mechanical—Exec.pdf 07152020—C-16—MT 7060—First Amendment to Agreement- Master Mechanical U K Lipper eys_Exec.pdf 032119—Bid Award-UK HVAC Award AGREEMENT—Exec Master Mechanical.pdf COI-2024-2025-UK Master Mechanical-Exec.pdf FINANCIAL IMPACT: Effective Date: 04/01/2024 Expiration Date: Not to exceed six (6) months - 09/30/2024 Total Dollar Value of Contract: $85,200.00 Annually Total Cost to County: $85,200.00 Annually Current Year Portion: $42,600.00 Budgeted: Yes Source of Funds: Ad Valorem CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: No County Match: N/A Insurance Required: Yes Additional Details: The wrong Seventh Amendment attachment was included in the March agenda item, which has now been corrected, along with the updated COI. 1138 0) M SEVENTH AMENDMENT TO AGREEMENT UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY,FLORIDA THIS SEVENTH AMENDMENT TO AGREEMENT is made and entered into this 20th day of March, 2024, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("Contractor"), a Florida corporation, whose address is 15181 NW 33 Place, Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for HVAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on July 15, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount by Thirty Thousand and 00/100($30,000.00) Dollars, from Fifty Thousand and 00/100 ($50,000.00) Dollars to Eighty Thousand and 00/100 ($80,000.00) Dollars, and to revise the Maintenance of Records provision of the Original Agreement; and WHEREAS,the parties hereto did on March 17, 2021,enter into a Second Amendment to Agreement to provide for the annual CPI-U adjustment of one and four tenths percent (1.4%) as of December 31, 2020, pursuant to the terms of the Original Agreement; and WHEREAS, the parties hereto did on March lb, 2022, enter into a Third Amendment to Agreement to amend its Original Agreement, as amended, to add or update contract provisions, renew the agreement for the first of two (2)optional renewals, and to provide for the annual CPI- U adjustment of seven percent(7%)as of December 31,2021,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 CPI- U adjustment of six and five tenths percent (6.51/o) as of December 31, 2022, to exercise the Iast 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 June 21, 2023, enter into a Fifth Amendment 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 hereto did on September 20,2023, enter into a Sixth Amendment to Agreement to amend the Original Agreement 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 - 1- 0 WHEREAS, the current term of the Original Agreement terminates on March 31, 2024, and the County desires to extend the term of the Original Agreement oil a month-to-month basis pending the advertising of a Request for Proposals ("RFP") and the award of a new contract and to update other provisions of the Agreement; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Tile County hereby amends Paragraph 6, TERM OF AGREEMENT, of the Original Agreement, as amended, to extend the term on a month-to-month basis for a period not to exceed six(6)months pending the advertising of an RFP and award of a new contract,with the term to commence April 1, 2024. 2. Paragraph 20, TERMINATION, of the Original Agreement, as amended, is hereby amended to include the following paragraph in its entirety as Sub-paragraph 20. E.: F. For Contracts of$1,000,000 or more: (1) if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately 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 187.135(5)(a), Florida Statutes, or (2) maintaining the Agreement at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. (2) if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement,or(2)maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. All other provisions of Paragraph 20 as set forth in the Original Agreement, as amended, remain the same. 3. Paragraph 37, PUBLIC ENTITY CRIME INFORMATION STATEMENT, of the Original Agreement,as amended, is hereby amended to delete the current Paragraph 37, as set forth therein, and replace it in its entirety with the following paragraph: 37. PUBLIC ENTITY CRIME STATEMENT -2- d "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and 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." 4. Paragraph 43, ETHICS CLAUSE, of the Original Agreement, as amended, is hereby amended to delete the current IParagraph 43, as set forth in the Third Amendment, and replace it in its entirety with the following paragraph; 43. ETHICS CLAUSE "CONTRACTOR warrants that it had not employed, retained,or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 0104990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion,terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." 5. Paragraph 46, F), Compliance with Recovery of Recovered Materials as set forth in 2 _CFR 4200.3222 of the Original Agreement, as amended, is hereby amended to correct the citation in the heading of this paragraph by deleting the current heading of Paragraph 46.F) and replacing it with the corrected heading of"Compliance with Recovery„of Recovered Materials as set forth in 2 CFR 200.323". All other provisions of Paragraph 46. F) remain the same. 6. Except as set forth in Paragraphs I through 5 of this Seventh Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] -3- C14 IN WITNESS WHEREOF, the parties hereto have set their hands and seats the day and year first above written, (SEAL) BOARD 017COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date. Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SE ES, INC, Signature of person authorized to Signature legally bind CONTRACTOR Date: Date Print Name Print Name and Title Address: /S Date Print Name Te I eph o n e'Number MONROE COUNTY ATTORNEY'S Of ME 7P VEIDMTO 0 FA PATRIC]IA EABLES ASSI[STANT GOUNIY ATTORNEY DATE: ____1�/_2024 -- _4- GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 25, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: September 20, 2023 BOCC Meeting The following items have been executed and added to the record: C21 6th Amendment to Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance and Service 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. C22 6th Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance and Service, 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. 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 1143 SIXTH AMENDMENT TO AGREEMENT UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA THIS SIXTH AMENDMENT TO AGREEMENT is made and entered into this 20th day of September, 2023, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("Contractor"), a Florida corporation,, whose address is 15181 NW 33 Place, Miami, Florida 3,3054, WHEREAS,the pat-ties hereto did on March 21,2019, enter into an Agreement for HVAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto, did on July 15, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount byThirtyThousand and 00/100($30,000.00) Dollars, frorn Fifty Thousand and 00/100 ($50,000.00) Dollars to Eighty Thousand and 00/100 ($80,000,00) Dollars, and to revise the Maintenance of Records provision of the Original Agreement; and WHEREAS,the parties hereto did on March 17, 2021, ente►° into a Second Amendment to Agreement to provide for the annual CPl-U adjustment of 1.4%as of December 31,2020,pursuant to the terms of the Original Agreement; and WHEREAS, the parties hereto did on March 16, 2022, enter into a Third Amendment to Agreement to, amend its Original Agreement, as amended, to add or update contract provisions, renew the agreement for the first of two (2) optional renewals, and to provide for the annual CPl- U adjustment of 7% as of December 31, 2021, 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 CPJ- U adjustment of six and five tenths percent (6,5%) as of December 31, 2022, to exercise the ➢ast 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 June 21, 2023, enter into a Fifth Amendment 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 desire to amend the Original Agreement, as amended, 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 1144 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 add or update certain contract provisions as set forth herein; NOW THEREFORE,IN CONSIDERATION of the muutuali promises and covenants set forth below, the parties agree as follows: 1. The section titled SPECIFICA'"VIONS, 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 I-IVAC 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 Po�licy. 2. Except as set forth in Paragraph I 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 PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 1145 i I IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS r ,• EVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA uary As Wputy Clerk M Date: �'20 I7027 Witnesses for CONTRACTOR: CONTRACTOR: MASTER M ICAL SERVICES, INC. Signature of person authorized to ignature legally bind CONTRACTOR Date: 60123 (6612-3 c�s 6* C"� �v�G. -trio, Pima.— Pa w'wr e Pr' ame Print Name and Title 1 Address: l S l 8t /11 ci 33 P 1. Si i ure Date Print Name Telephone Number MONROE COUNTY ATTORNEY'S gFE1Ge P agVEDA8 TO fOR I ASSISTANT ATTORNEY rT1 r A3E: 8 g� S. _ . . ., -3— 1146 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 03/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: RSC Insurance Brokerage,Inc. pHONE (305)446-2271 FAx A/C No Exf: A/C,No): 9350 S Dixie Hwy E-MAIL MIA-Certificates@Risk-Strategies.com ADDRESS: Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA: National Trust Insurance Co 20141 INSURED INSURER B: FCCI Insurance Co 10178 Master Mechanical Services Inc INSURER C: Federal Insurance Co 20281 15181 NW 33 Place INSURER D: INSURER E: Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2333037266 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 MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000 MED EXP(Any one person) $ 5,000 A Y GL100041840-05 03/31/2023 03/31/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y CA1506488-00 03/31/2023 03/31/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LAB CLAIMS-MADE UMB1506488-00 03/31/2023 03/31/2024 AGGREGATE $ 4,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A WC0100067854-03 03/31/2023 03/31/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractor's Equipment Scheduled Equip. $115,298 C 0664-21-83-ECE 03/31/2023 03/31/2024 Leased/Rented Equip. $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract:Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Commercial Automobile when required by written contract. A )' 'a, ' . , CERTIFICATE HOLDER CANCELLATION d��i _ ""'23 ___ SHOULD ANY OF TF THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 " @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1147 CO Kevin Mad.ok, CPS► o o ...:.... . Clerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: June 22, 2023 TO: William DeSantis, Director Facilities Maintenance ATTN: Clu issy Collins Executive Administrator FROM: Pamela G. Hancol". SUBJECT: June 21"BOCC Meeting Attached are electronic copies of the following items for your handling: C16 5'n Amendment to Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance and Service, to update certain contract provisions, and specifically to include American Rescue Plan Act(ARPA) provisions. Funding is Ad Valorem. C17 5'h Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance and Service, to update certain contract provisions and specifically to include American Rescue Plan Act (ARPA) 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 8.8770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 1148 FIFTH AMENDMENT TO AGREEMENT UPPER KEYS HVAC MAINTEANCE AND, SERVICE MONROE COUNTY, FLORIDA THIS,FIFTH AMENDMENT TO AGREEMENT is made and entered into this 21 st day of June, 2023, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("Contractor"), a Florida corporation, whose address is 1.5181 NW 33 Place, Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for 11VAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on July 15, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount by Thirty Thousand and 0�0/1 00 ($30,000.00) Dollars, from Fifty nousand and 00/100 ($50,000.00) Dollars to Eighty Thousand and 00/100 ($80,000.00) Dollars, and to revise the Maintenance of Records provision of the Original Agreement; and WHEREAS,the parties hereto did on March 17, 2021, enter into a Second Amendment to Agreement to provide for the annual CPI-U,adjustment of 1.4%as of December 31,20�20,pursuant to the terms of the Original Agreement; and WHEREAS, the parties hereto did on March 16, 2022, enter into, aThird Amendment to Agreement to amend its Original Agreement, as amended, to add or update contract provisions, renew the agreement for the first of two (2) optional renewals, and to provide for the annual CP1- U ad.justment of 7% as of December 31, 2021, 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 CPl- 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 1149 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 parties agree as follows: 1. The two paragraphs of Paragraph 8, MAINl.'ENANCE OF RECORDS and RIGHT TO AUDIT, of the Original Agreement, as amended, is,hereby amended to delete both paragraphs of Paragraph 8, as set forth in the Original Agreement and replace it in its entirety with the following paragraphs: 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. 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. RIGHT TO AUDIT' Availability qf.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); back charge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance -2- 1150 rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk")to substantiate charges related to this agreement,and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations tinder or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. "Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll 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 ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or Clerk determines that monies 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 Sec. 55.03 of the Florida Statutes, running from the date the monies were paid to Contractor. The right to audit provisions survive the termination or expiration of this Agreement. 2. The third paragraph of Paragraph 10, HOLD HARMLESS, INDEMNIFICATION, DEFENSE, AND INSURANCE, of the Original Agreement, as, amended, is hereby amended to delete in its entirety the sentence which reads, "The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above." Then the following paragraph shall be inserted as the third paragraph of Paragraph 10, as previously amended: United States file p Artment of the Treasui:y Indemnification 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, NONDISCIUMINATION,_of the Original Agreement, as amended, is hereby deleted in its entirety and replaced with the following: 13. NONDISCRIMfNATION[EQUAL EMPLOYMENT OPPORTUNITY -3- 1151 The Contractor and County agree that there will he 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-,1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination out the basis of disability; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(P,L 9'2-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) 'rhe 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, ss. 523 and 527 (42 USC ss, 690dd-3 and 290ce-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 s. 36011 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 19901 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, 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. During the performance of this Agreement, the Contractor, in accordance with Equal EMployment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375,Amending Executive Order 11246 Relating to E.qual Emplovnient Qpl)ortunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract COITIpliance Programs, Equal Employment Opportunity, Department of Labor), �g 2 C.F.R. Part 200, Appendix 11, J[C, agrees as follows: 1) The Contractor will not discrin-iinate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin, The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available -4- 1152 to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee, who has access to the compensation information of other employees or applicants as a part of such employee's essential Job functions, discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or Understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the Contractors commitments under section 202 of Fxecutive Order 11246 of September 24, 1965, and shall post cop�ies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will perinit, access, to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses, of this contract or with any Of Such rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1.965, and such other sanctions may be imposed and remedies invoked as, 1153 provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provision of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-cornpliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result Of Such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States. Title VI of the Civil..,Fights_Act of 1964., The Contractor 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 frown excluding froin 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 Cl"R 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. The Original Agreement, as amended, is hereby amended further to add the following Paragraph 46, FEDERAL CONTRACT REQUIREMENTS as applicable,, and particularly as related to the ARPA Funding Agreement, and shall read as follows- 46. FL,DERAI, CONTRACT RE,QUIREi MENTS The Contractor and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R, §200.326 Contract provisions and Appendix 11 to C.F.R. Part 200, as amended, including but not limited to: A) Clean Air Act (42 U.S.C. §§7401-7671g.) and the Federal Water Pollution Control Act (33 I[J.S.C-_§_§125t-_1387). Contractor agrees to comply with all applicable standards, order-,, or regulations issued pursuant to the Clean Air Act, as amended, (42 U.S.C, §§740�1-7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. §§1251-1387) and will report violations to the Department of the Treasury and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Mr Act(42 U.S.C. §§7401-7671q)and the Federal Water Pollution Control Act(33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $100,000,00, The Contractor agrees, to include these requirements in cach subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the -6- 1154 American Rescue Plan Act funding, The Contractor agrees to report each violation to the County, understands, and agrees that the County will, in turn, report each violation as required to assure notification to the Department of Treasury/Federal Agency and the appropriate EPA Regional Office. B) Contract Work Hours and Safely Standards Act (40 U.S.C. §§3701-3708 . Where applicable, which includes all Federal grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each Contractor Must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 tJ,S,C. §3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases Of Supplies 01' materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of laborers or mechanics shall require or pert-nit any such laborer or mechanic in any workweek in which fie or she is, employed on such work to work in excess of forty hours in Such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-,half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for imlmid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph(b)(1)of this section, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done tinder contract for the District of Columbia or a territory,to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph (b)(1) of' this section, in the sum of $27 for each calendar clay on which such individual was required or permitted to, work in excess of the standard workweek of forty hours without payment of the Overtime wages required by the clause set forth in Paragraph (b)(1) of 29 C.F.R. §5.5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall, upon its own action or upon written request of an authorized representative of the Department of Labor,withhold or cause -7- 1155 to be withheld fron-i any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in Paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, Paragraphs (b)(1) through (4), and also a. clause requiring the subcontractors to include these clauses in any lower tier subcontracts. 1-1 he prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R.. §5.5, Paragraphs (1)through (4). Q Rights to Inventions Made Under a Contract or Agreement. If the 1,ederal award meets the definition of"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assigni-nent or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. D) Debarment and Suspension (Executive Orders 1254,9 and 12689) A contract award under a"covered transaction" (see 2 CFR §180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R.Part 180 that implement Executive Orders 12549 (3 C.F.R. Part 1986 Comp., p. 189) and 12689, (3 C.F.R. Part 1989 Comp., p. 235)�, "Debarment and Suspension"and the Department of Homeland Security's regulations at 2 C.F.R.Part 3000(Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www,saiii.gov. Contractor is required to verify that none of the contractor's principals(defined at 2 C.F.R. §180.935)or its affiliates (defined at 2 C.F.R. §1 80.905) arc excluded (defined at 2 C.F.R. §180.940)or disqualified (defined at 2 C,F,R. §180,935), The Contractor must comply with 2 C.F.R-pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did no,t comply with 2 C.F.R. pt. 180�, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 CYR. pt. 180, subpart C and 2 1156 C.F.R.Pt. 3000,subpart C while this offer is valid and throughout the period of any Contract that may arise from this offer.'rhe Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions, including that the award is subject to 2 C.F.R. Part 180 and the Department of the Treasury's implementing regulation at 31 C.F.R. Part 19. E) Byrd Anti-Lobbying Amendment(31 U.S.C. §1352). Contractors that apply or bid for an award exceeding $1 O0,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant of'any other award covered by 31 U.S.C. § 1352. Each tier inust also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Attachment B and made a part hereof, must be signed and submitted by the Contractor to the County. F) Compliance with Procurement of Recovered Materials as set forth in 2 CFIR 200.322. The Contractor Must Comply With Section 60�O�2 of the Solid Waste Disposal Act, as amended,by the Resource Conservation and Recovery Act.The requirements,of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded$10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials, identified in the EPA guidelines, In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, ,t.Rov/smm/compreliensive-proCLirej'netit-gu deline-cp-g-mop-roam, The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. -9- 1157 G) Prohibition on certain telecommunications and video surveillance services or eg uipment as set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors inay not obligate or expend any federal-funds to (1) Procure or obtain; (2) Extend or renew a contract to, procure or obtain; or (3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment services,or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecornmunications equipment is telecommunications equipment produced by 14uawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate Of Such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure,, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, 11angzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (H) Telecommunications or video surveillance services provided by such entities or using such equipment. (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to,the government of a covered foreign country. H) Domestic Preference for Procurements as set forth W 2 C.F.R. §200.322. 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 it-on, aluminum, steel, cement, and other manufactured products). These requirements of this, section must be included in all subaw,ards 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, 1) Copeland"Anti-Kickback"Act(2 C.F.R.200,Appendix 11(D);40 U.S.C. §3145). This section applies if the contract is in excess oj',$2,000 andpertains to cyan strucHon or rel-mir, andfirther, if required by Federal program legislation, Contractor shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. §3145), as supplemented by Department of Labor regulations (29 GFR. Part 3), "Contractors and Subcontractors on Public Building _10- 1158 or Public Work Financed in Whole or in Part by Loans or Grants frorn the United States"). The Act provides in part that Contractor shall be prohibited frorn inducing, by ally means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which it is otherwise entitled. The County shall report all suspected or reported violations to the Department of the Treasury. 5. The Original Agreement, as amended, is hereby amended further to add the following as Paragraph 47, Other Federal and/or Department of the Treasury Requirements (as applicable), and shall read as follows: 47. Other Federal and/or Department of the Treasury lzequirements (as applicable) Section 602(b) of the Social Security Act (the Act), as added by Section 9901 of the American Rescue Plan Act (ARPA), Pub. L. No. 117-2 (March 11, 021), auttlorizes the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus I...Ocal Fiscal Recovery Fund (Fiscal Recovery Funds), Monroe County shall not enter into a Contract or make any distributions of funds to Contractor using monies from the Fiscal Recovery Funds absent Contractor's agreement and adherence to each term and condition contained herein. The Contractor and its sub-contractors must follow the provisions set forth herein, as applicable, including but not limited to: A) Americans with Disabilities Act of 1990 (ADA), as amended. The Contractor will comply with all the requirements, as, imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. B) Disadvantaged Business, Enterprise: (DBE) Policy a!Ld Obligation. It is the policy of'the County that DBEs, as defined in C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds, under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below), applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the basis of race, color, national origin, or sex in award and performance of contracts, entered pursuant to this Agreement. C.F.R. § 200,321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPI.JJS AREA FIRMS 1159 a. If the Contractor,with the funds authorized by this Agreement, seeks to subcontract goods or services then, in accordance with 2 CYR §200�.321, the Contractor shall take the following affirmative steps to assure that minority businesses, wornen's business enterprises, and labor surplus area firms are used whenever,possible. b, Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and wornen's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business,enterprises; (5) Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraph (1) through (5) of this section. Q Access to Records. Contractor and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the access to records, accounts, documents, information, facilities and staff by the United States Department of the Treasury. Contractors must: (1) Cooperate with any compliance review or complaint investigation conducted by the Department of the Treasury; (2) Give the Department of the Treasury access to and the right to examine and copy records, accounts,, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by the Department of the Treasury regulations and other applicable laws or program guidance;and(3)Submit timely,complete,and accurate reports to the appropriate Department of the Treasury officials and maintain appropriate backup documentation to support the reports. D) Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of theagreernent Must be within the scope of any Federal grant or cooperative agreement that may ftuld this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. E) Executive Compensation. As required by 2 CER. Part 170, Appendix A, the Contractor must report the names and total compensation of its five most highly compensated executives and the names and total compensation of the five most highly compensated executives of its subcontractors for the preceding completed fiscal year if: 1160 (a) the total federal funding authorized to date under the award funding this Agreement equals or exceeds $30,000.00 as defined in 2 C.F.R.. §170,320; (b) the Contractor received 80 percent or more of its gross revenues from, federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as provided by 2 C.F.R. §170,320 (and subcontracts); (c) the Contractor received $25,000,,000.00 or more in annual gross revenues from federal procurement contracts (and subcontracts) and federal financial assistance subject to the Transparency Act, as defined in 2 C.F.R. §170.320 (and subcontracts); and (d)the public does not have access to information about the compensation of the executives through periodic reports filed under Section 13(a) or 15(d) of the Securities Exchange Act of 19'34(15 U.S.C. 78m(a), 78o(d)) or Section 6104 of the Internal Revenue Code of 1986. To determine if the public has access to the compensation information, see U.S. Security and E.xcharige Commission total compensation filings at httpL//w!Axy.sec,goy/answerg/execomp.htm. L - c- p F) No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, contractor or any other party pertaining to any matter resulting from the contract. G) Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative remedies for False Claims and Statements) applies, to the Contractor's actions pertaining to this contract, 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. H) The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to, verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 1) The Contractor will be bound by the terms and conditions of the Federally Funded State & Local Fiscal Recovery Fund Financial Assistance Agreement between the County and the United States Department of Treasury attached hereto as Attachment A and made a part of this Agreement. J) The Contractor shall hold the United States and County harmless against all claims of whatever nature arising out of the Contractor's performance of work tinder this Agreement, to the extent allowed and required by law. 1161 K) Energy Efficiency. If applicable, the Contractor will comply with the Energy Policy and Conservation Act(P.L. 94-163; 42 U.S.C. §§6201-6422)and with all mandatory standards and policies relating to energy efficiency and the provisions of the state Energy Conservation Plan adopted pursuant thereto. L) Conflicts of Interest, The Contractor understands and agrees it must maintain a conflict- of-interest policy consistent with 2 CYK § 200.31 8(c) and that such conflict-of-interest policy is applicable to each activity funded under the federal 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. M) 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 recoupment as provided in Section 602(c) of the Act and any additional payments may be subject to withholding as provided in Sections 602(b)(6)(A)(ii)(111) of the Act, as applicable. N) Compliance with Federal Law, Regulations and Executive Orders. This is an acknowledgment that Department of the Treasury (Treasury) financial assistance will be used to fund the contract only. The Contractor agrees to comply with the requirements of Sections 602 and 603 of the Act, regulations adopted by 'Treasury pursuant to Sections 602(f)and 603(o 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 and 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. iL Universal Identifier and System 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. 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, - 14- 1162 iv. OMB Guidelines to Agencies on Goverturientwide Debarment and Suspension (Nonprocurerrient), 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 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 tile award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Government-wide Requirements for Drug-Free Workplace 31 C.F.R. Part 20�. vii. New Restrictions, on Lobbying, 3,1 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 tJ,S.C. §§ 4601-4655) ,and implementing regulations. ix. Generally applicable federal environmental laws and regulations. 0) Hatch Act. The Contractor agrees to comply,as applicable,with requirements of the Hatch Act(5 1J.S.C. §§ 15 01-1508 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. P,) 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 riumber [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the rreasury." Q) Debts, Owed the Federal Government. a. Any funds paid to the Contractor (1) in excess of the amount to which Contractor is tinalty determined to be authorized to retain under tile 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 roust be paid promptly by Conti-actor. 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. 1163 R) 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 all agency relationship between the United States and the Contractor. S) 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 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 of 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: E 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. I') Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr, 18, 1997), the Contractor is encouraged to 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 ernployees when operating company-owned, rented, or personally owned vehicles. - 16- 1164 -U) 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. 6. Except as set forth in Paragraphs I through 5 of this Fifth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE 110 FOLLOW] 1165 ESS WHEREOF,the parties hereto have set their hands and seals the day and year first ® v n. e . + 'a BOARD OF COUNTY COMMISSIONERS .o s MADOK, CLERK OF MONROE COUNTY,FLORIDA ` � y tti �Qhy COUNSV By. As Deputy Clerk Mayor Pro Tem Date: Tune 21, 2023 Witnesses for CONTRACTOR: CONTRACTOR: MAST - -HANICAL SERVICES, ignature of peison au orized to Si ature legally bind CONTRACTOR Date:. COJS 113 k123 J%AKn RhV-rel. !LfCO ate Print Name Print Name and Title )) n Address:/SIP/ A I.IJ-33- nature le Date T Print Name Telephone Number M MONROE:000NTY ATTORNEY'S OFFICE c z VCwDA TOpORM° .. , �� = rn � :PATRIGIA�LlS..._.. � -ASSISTANT COUNN ATTORNO PATE: 6/2/2023_.._ G►9 -18- 1166 ATTACHMENT CORONA'VIRUS STATE AND LOCAL FISCAL.RECOVERY FUNDS FINANCIAL ASSISTANCE AGrRL,Ii.M14 NT -19- 1167 OMB Approved No. 1505-0271 EM)irulion.Dite: I U30,12021 U)RONAVI RUS STATFAND LOCAL FISCAL RECOVFIRY FUNDS Recipient name and address: DUNS NUmber:073876757 Monroe Comity Board of Commissionem Taxpayer Ideatification NUmber:596000749 1100 Simonton Street, Room 2-213 Assistance Usting Number and Title:21,027 Key West,Florida 33040 Sections 6102(b)and 603(b)of the Social Security Act(the Act)its added by section 9901 of the American Rescue Phoi Act,Pub, L. No. 117-2(March 11,2021)authorizes the Department of the Treasury(Treasury)to make payownts to curtain rocipicnts from the Corortavirus State Fiscal Recovers,l,und and the Coronavints Local Fiscal Recovery Fund. Recipients hereby agrees,as a condition to reociving such payment froth Treasury,agrees to the terms atiacbed berets. Recipient: li,I1,11,sit n,,l by Irt, B,,n Tina B,olan Date:2022.08,02 09A 1:02 -04'00' Aulhorind Representative Signature(Itbovc) Authorized Representative Name: Tina Boan Authorized Representative Title: Senior Director Budget&Finance Datc signed: U.S.Department Authorized Representative Signature(above) Authorized Representative Naow Jacob LeibelIlLift Authorized Representative Title: Chief Recovery Officer,Office of Recovcry Programs Date Signed: NItty 14,2021 PAPERWORK REDUCTiON ACTNOTICE The information col tooted will be used for the t I,�'Gm el nineril to promss requLms for quptx)m The estimated burden associated with this cal loot ion of hiformati(in is 15 minutes per response,Comments ooncerning the accuracy of(I iis burden estinuiteand soggestions,for roduming thus burden shouki k,-directed to the Office of Privacy,T'ramparency arid Reoords,I)Lputwlent of tile Treasury,I 50OPemnylvaisia Ave.,N.W.,Wishingeon,D.C.20220,DO NOT send the fonn to this address,An agency imy not coriducIorsponsor,and a person is not required to rospond to,a Collection If'informatiol I 111fless it distAys I%a I ki control munbor assigned by WAB. -20- 1168 'U.N.DEPARTMENT OFTHETREASURY CORONAVIRUS STATE FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS a. Recipient understands and agrees that the funds disbursed under this award may only he used in cornpliance with sections 602(c)and 603(c)of the Social Security Act(the.Act)and Treasury's regulations implementing that section and guidance, b. Recipient will determine prior to engaging in any project using this assistance that it has the:institutional,managerial,arid financial capability to ensure proper planning,management,and completion of such project. 1 Period of Performance The period of performance for this award begins on the date hereof and ends on Doceni her 31,2026,As set forth in Treasiuy's implementing regulations,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.Reporting.Re6pientagrees to comply with any reporting obligations established by'rreasury,as it relates to this award. 4.h/laintemance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence cornpliatice with sections 602( and 603(c),T'i-easury"sregulatioiig implementing those sections,arid guidance regarding the eligible uses of funds, b. The Treasury Office of Inspector General and the Goveniment.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. S.Pre-award Costs.Pre-award costs,as defined in 2 C.F.R.§200.458,may not be paid with funding from this award. _0_Adajtr.iistrnnveCostq Recipient may use funds provided under this award to cover both direct Land indirect costs 7,Qgst Sha_ljpg.Cost sharing or matching funds are not required to be provided by Recipient. �,CQnflicta QflnjQrQst.Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. 2W.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,LuTreusury or the pass-through entity,as appropriate,any potential conflict of interest affecting the awarded fund.,;in accordance with 2 CY.R.§200.112. 9.Compliance with Al2plicablo Law and Rggui4i6ous 9. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act,regulations adopted by Treasury pursuant to sections 602(f)and 603(f)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.-, j. Uniforru 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 and subject to such exceptions as may be otherwise provided by Treasury.Subpart F -Audit Requirements of the Uniform Guidance,, implementing the Sin&Audit Act,shall apply to this award. ii. Universal Identifier and System for Award:Management(SA",2 CYK Part 25,pursuant to which the award term get forth in Appendix A to 2 C.F.R.Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information,2 CYR.Part M,pursuant to which the award term set forth in Appendix A to 2 C.F.R.Pat-[170 is hereby incorl)orated by reference. iv, OIN/M Guidelines to Agencies on Cloverrunentwidt Deb2nnentand Suspension(Nonpiocru'enient),2 CYR.Part 180,including the requirement to include q term or condition in all lower tier covered transactions(contracts and subcontracts described in 2 C.F'.R.Part 180,sublyart B)that the award is subject to 2 C.B.R.Part 180 arid Treasury's implementing regulation at 31 C.F.R.Part 19. 21 - 1169 v. Recipient Integrity andPerfon-nance N[atters,purquant to which the award term set forth in C,FK Part200, Appendix XII to Part 2�00 is hereby incorporated by reference. vi. Goverrinwritwide Requirements for Drug-Frey Wolklelace,31 C.F.R.Part 20. vu. 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 c. Statutes and regulations prohibiting discrimination applicable to this award,include,witboutfimitation,the,following: i. Title VI of the Civil Rights Act of"1964(42 U.S.C.§§2000d et seq.)and Treasury's implementing regulations at 31 C.F.R.Part 22,which prohibit discrimination on the basis of race„color,or national origin under programs or activities receiving federal financial assistance; ii. The Fair Housing Act,Title A1111 of the Civil Rights Act of 1968(42 U,S,C,§§3601 et seq.),which prohibits discrinturation,in housing on the basis of race,color,religion,national origin,sex,faniflial status,or disability; iii. Section 504 of the Rehabilitation Act of 1973,as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disability under any prograni or activity receiving federal financial assistancc, iv. The Age Discrimination Act of 1975,as amended(42'U.S.C.§§6101 et seq.),and Treasury's implementing regulations at 3,1 CY.R-Part 23,which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance-,and v. Title 11 of the Americans with Disabilities Act of 1990,as amended(42 US.C. §§ 12101 et seq.),which prohibits discrimination on the basis of disability under programs,activities,and service.,;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 off the Act,other applicable laws, Treasury's implementing regulations,guidance,or any reporting or other program requirementsTrea5ury may oupose additional conditions on the receipt of 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 violation of sections 602(c)or 603(c)of the Act regarding the use of funds,previous payments shall be subject to recoupinent as provided in sections 602(e)and 603(e)or the Act. 11.1IRtch Act,Recipient agrees to comply,as applicable,with requirements of the Hatch Act(5 U&C. §§1501-1508 and '7324-7328),which lituit certain political activiticsof State or local govenunent employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance, 12.False Statements.Recipient understands that making false statements or claims in connection with this award is 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,Publications.Any publications produced with funds from this award 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 Ivionrot County Board of Commissioners by the US,Department of the Treasury," 14,Debts Owed the Federal Government. a. Any funds paid to Recipient(1)in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award,(2)that are determined by the Treasury Office of Inspector General to have been inisused-,or (3)that are determined by Treasury to be subject to a repayment obligation pursuant to sections 602(e)and 603(e)of the Act and have not.been repaid by Recipient shall constitute a debt to the federal governnient. b. Any debts determined to be owed the federal government must be paid promptly by Recipient.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 Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt 22- 1170 ,�,� l7isclaiaaaer a The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient cr 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 this award or,any contract, or subcontract under this award. b. The acceptance of this award by Recipient sloes not in any way establish an agency relationship between the United States and Recipient. 16 Protections for Mlhistlelalmgo a. In accordance with 41 U.S.C.§471.2,Recipient niay 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 employc;e reasonably believes is evidence of gross mismanagement 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 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 Govcrmuent(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. Recipient shall inform its employees in writing of the.rights and remedies provided under this section,in the predominant native language of the workforce. 17 Increasing eat 1 t11> rd ifae United States.Pursuant to Executive Order 13043,621`'R 19217(Apr.. 18, 19917)„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. 18,Reducirt;`l'eut hdv=uging While T7riving,Pursuant to lixecutive Order 13513,74I«.R 51225(Oct,f,2009),Recipient should encourage its employees,subrecipients,and contractors to adopt and enforce policies that ban text messaging while driving,and. Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. - 23- 1171 01VIB Approved No. 1505-0271 Expiration Date:11130/2021 ASSURANCE OF COMPLIANCE NVITH CIVIL RIGMS REQUIREMENTS ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF! 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury,the Monroe County Board of Commissioners(hereinafter referred to as"the Recipient")provides the assurances stated herein.The federal financial assistancc may include,federal grants,loans and contracts to provide assistance to the recipient's beneficiaries,the use or rent of Federal land 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 programs,licenses,procurement contracts by the Federal government at market value,or progranis that provide direct benefits. This assurance applies to all federal financial assistance from or funds made available through the DCP2r1ment of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities,so long as any portion of the recipient's progr9ra(s)is federally assisted in the manner proscribed above. L Recipient ensures its current and future,compliance with Title VI of the Civil Rights Act of 1964,as amended,which prohibits exclusion From participation,denial of the benefits of,or subjection to discrimination tinder 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. §2000d et seq.),as implemented by the,Department of the Treasury Title V1 regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166-,directives;circulars;policies;memoranda and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166,"Improving Access to Services for Persons with Limited English Proficiency,"seeks to improve access to federally assisted programs andactivifies far individuals who,because of national origin,have Limited English proficiency(LEP).Recipient understands that denying person access to its programs, services,Eric]activities because of LEP is a form of national origin discrimination prohibited tinder Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations.Accordingly,Recipient shall initiate reasonable steps,or comply with the Department of the Treasury's'directives,to ensure that LEP persons have meaningful ,access to its prograins,services,and activities.Recipient understands and agrees that meaningful access may entail providing Iiingtnige 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 LEP persons during development of applicable budgets and when conducting programs,services and activities.Asa resource,the Department of the Treasury has published its LEI' guidance at 10 FR 6067.For more information on LEP,please visit hU1/www Jell,Vov, 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, transferces,and assignees to comply with assurances 1-4 above,and agrees to incorporate the following language in every contract or agreement subject to'Title VI and its regulations between the Recipient and the Recipient's sub-grantees, contractors,subcontractors,successors,transferees,and assignees: The sub-granlee, contractor,subconlractor,successor,transferee,and assignee sh all comply willy Title T,7 of the Civil Rights Act of 1964, stihich prohibits;-ecil)ient.Tnffedet-cil financial assistance from e.icchidingfiorii,,jprog;,Qnt or activity,denying benefits of or othenvise discriminating against a person on the basis of race,color, or national origin(42 US,C.§2000d et seq.),as implemented by the Deparlmeni of the Tivasiay's Title V1 regulations,31 CFR Part 22, which are herein incorporated 7)),reference and maele a part of this coidract(or agreement). Title H also includes protection to persons with "LimitedEnglish Proficiency"in any l2rogram or activity rece fidngfederalfinancial assistanc(,42 US.C,§2000d et se q.,as implemented by the Department of the Treasury's Mle N regulation,% 31 CFR Part 22 rind herein incwl)oratedby reference and viade a part of this contract or agreement. 6. Recipient understancls,and agrees that if any real property or structure is provided or ini proved 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 fora purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If any - 24- 1172 personal property is provided,this assurance obligates the Recipient for the period during which it retains ownership or possession of the property; 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations.Enforcement inay include investigation,arbitration,mediation,litigation,and monitoring of any settlement agreements that may result froin these actions.That is,the Recipient shall comply with information requests, on-site compliance reviews,and reporting requirements. S. Recipient shall maintain q complaint log and inform the Department of the Treasury of any comphrims of discrimination on 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 DepaTtment of the Treasury if Recipient has received no complaints under Title VI.. 9, Recipient must provide documentation of an administrative.agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance,including any voluntary compliance or other agreements between the Recipient and the adin inistrative agency that made the finding,.If the Recipient settles a case or matter alleging such disedin ination,the Recipient must provide documentation of the settlement.If Recipient has not been the subject of any court or administrative, agency finding of discrimination,please so state. 10. If the Recipient makessub-awards to other agencies or other entities,the recipient is responsible for ensuring that sub-recipients also comply with Title V1 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 flie civil rights compliance of soli-recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document. and nothing in this document afters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of pmjuty,the undersigned official(s)certifies that lie/she has read and understood its obligations as here 8'any information submitted in conjunction with this assurance docurn ent.is accurate and complete,and lvs(Fit_n't 1 in comphatice with the aforementioned nondiscrimination requirements. r ,P,91 c e is ce P., Date an Signature of Authorized.Official: PAPERWORK REDUCT1()N ACT NOUCT. The rifornunion collected will lie insect for the U.S.covenuncrit to process requests for support,The estimated burden associated wiffi this collection of infounation is 15 ininutes per response.Comments concerning the accuracy of Uns burden estijnate and.suggestions for reducing t1du burden should be directed to tile Office ofPAwcy,Talusparericy and Records,Department of Ole Treasury,1500 Pennsylvania Ave.,N.W.,Wwhington,D.C.20220.DO NOT send tile forin to Us address.Ail agency MAY not C(ulducL or sponsor,and a person is nor required to respond to,a collection ofinforrnation unless it displays a valid control rounbar assigned by OMB. - 25- 1173 ATTACHMENT BYRD ANTI-LOBBYING CERTIFICATION (as applicable) 26_ 1174 APPENDIX A, 44 C.,F'.,R. PART 18 — CERTIFICATION REGARDING LOBBYING (To be submitted with each bid or offer exceeding $100,000) Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigined certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with, the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the enitering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person, for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or,cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions, 3. The undersigned shall require that the language of this certification be included in the award documents for all subawairds at all tiers (including subcontracts, subgrants, and contracts, under grants, loans, and cooperative agreements) and that all subrecipients, shall certify and disclose accordingly. This certification is a material representation of fact upon which;, reliance was placed when this transaction was made or entered into. Submission of thins certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to civil penalty of not less than $10,000 and not more than $100,,0001 for each such failure. The Conitractor, erifis or affirms the truthfulness and accuracy of each, statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap, 38, Administrative Remedies for False Claims and Statements, apply to, this certif' 9 a 61 F�S'�csure, if iy. 7ignature of Contra6i®rri-Ku—ihorized Official Name and Title of Contractor's Authorized Official Date - 27- 1175 DISCLOSURE OF LOBBYiNZG ACMUTIES COMPLETE MIS FOrW TO DISCLOSE 7:OBB1rDTGACr1"t=9 Ptw8t7A-NTTCJ 3 a U&C,1352 1. Type of Federal Acdow- 2. Stitw of Federal Action: 3. Report r)-P, a.contract =h�bWaflu"appricaton =a,LriliflL b. grant b. initial award b. material charge L. coomaiM agreewew E, post-award d. IBM Tar Material Change Only'. e, Loan parartlee year TaarrET— f. loan hnsurarre date oaf last report_ 4 Name and Address Of RepDrfiag Entity IFReportingEntity ijuNa,4isSnbawardee, Fvter Name and Ad dress of Prime- Rime 121UIAWAI(he Tier if knoum XCC4L4�n.1 C&A (A's CaWessionn]Distrw(if know Congressional Dis-Wct, Dwn 6- Federal DeparimanUAgency: 7- Federal Program N ascriptim: CFDA N7l err,if appkable a. Federal,Actiov Number;,ifkno%w 9- ward ' mount,if knawm 10. a. Ngme and Address of Lobby Enfify Iudh Is Performing Skes (incladixig -idun m- (If iDdhidual'3a54 DAME,first name, I afteis if different from No.10a) Ilast rswm'fiat any,MI) (adach C -linuation Sheex(s)if neces;wy) 111- AmauntafPay3nezkt(ch*&all flmf, ply) 19. TY of Paympat(chKh,.A that apply) Elartuat PIRTIM4 F-1 a. retainer ❑ b, ante-do w*fee 12- For of Payment(check all f tapply): c' commis:3011 a. ra&h d. civingent fee ❑ b. iD-kind, specik" MtUTe e deferred value f other,apecify 14- Brief De5cdp1d%nDf enices PprfGrme,d aTta be performed and Wte(g)of Service,including officer(s),Pmplqy .s),.,or membeir(s.)comWed,for PaymeutIndirsted in Item 11: I (atlach Contmuntim Sbeetfs)if upcessat)i) I& CDUtivagtion Sheets)offached.: YP5 F1 N41 ❑ 0 I& Inkmation r,;qvm-Ad 6waghtis form is raihuizodby Mt1R3,1U.',C.SavdCU,1311 Pis&u.Aomg cd1cbb,)-ioS rU.3-UMnt to 31 U.S.C.n52. 71L.i91WMZ4Va'AU bi? rv,patadtoCcagp;�sum�aawmll7y and wMibr,n�'bLQF,-,.r FWir imxpodiom p Psi c u a fils tra fi5a Few s l Title:, 0.1f r), di;ctosw%�aU boi.,doJint in n chit pgmaLV of not Wis 65n S I G'rOD aad wl mero thm SIN,GCO fwwA surl faii-mv. TFle?bDne No �431V atr Authorized for Local Raproibxtfon Slandwd Form-LLL 2-6c PART ZfCOUPITY - 28- 1176 INSTRUCTIONS FOR COMPLETION OFSI,'-I,I,J,, DISCLOSURE OF LOBBYING ACTIVITIES This disOosurc fora shall be completed by the reporting entity,whether subawardec or prune Federal recipient,at the initiation or receipt of covered Federal action or inateriat change toprevious filing pursuant to title 31 U.S.C.section 1352. Thefilingol'a form is required for such payment or agreement to inake payment to,lobbying entity for influencing or attempting to nifluence an officer or employee of any ,agency,a Member of Congress an officer or employee ofCongress or an employee of a Member of Congress in connection with a covered Fedcralae6on. Attach a continuation sheet for additional information il'the space on the form is inadequate, Completcall hens that apply for berth the initial filing and material change report. Refer to the implementing guidance published by the Office ofManagentent and Budget for additional information. 1, ldcntily the type of cowered Federal action for which lobbying activity is.and/oar has been secured to influence, the outcome ofa covered Federal action. 2. Identify the Identify the status ofthe covered Federal action. 3. Identify the appropriate,cl assi fit cat i oil 0 fth is report. Ift1liSiSa follow-up lreportteaLusedbya material change to due ulfOUrnatiOn previously reported,enter the year and quarter in which the change cocurred. Enter the date ofthe last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code ofthe reporting entity. Include Congressional District it' known. Check Ilse approp6ate c%ssifi cation ofthe reporting entity that designates if it is or expects to be a prime orRibamrard recipient. Identify the tier ofthe SLibawaTdee,e.g.,the first subawardee ofOic prime is the first tier. Subawardsu-iChldc but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing,the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code offlic prime Federal recipient. Include COugfCSSiolial District,if known. 6, Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency riante,rfknown For example,Department offransporlation,United States ('cast Guard. 7. Enter the Federal program name or description for the covered Federal action(itern 1). If known,enter the 17A atalogof Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. S. Enter the most appropriate Federal identifying number available for the Federal,action identification in item I (c'8" Request far PFOPOSRI i(RFP)number,Invitation for Bid(lFB)number,grant announcement number,(be contract grant"or I can award number,bet,the appI icatioiVpi oposal control mint her assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. Fora covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Fedend arnounL of the award/loan commitments for the prime entity identified in itern 4 or 5. M (a)Enter the full name,address,city,state and zip code ofthe lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. (b)Enter the full narnes ofthe individual(s)performing services and include frill address Wdifferent from l0,(a). Enter Last Marne,First Narne and Middle Initial(MI). 11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(item 4)to the lobbying entity(item l 0). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. Ifthrs is a material change report,enter the curnula6vc mount ofpayineni made or planned to be rna& 12. Check the appropriate box. Check all boxes that apply. It'payment is made through an in-kind contribution, specify the nature and value ofthciii-kindpayment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature 14. Provide a speci fie and detailed description ofthe services that the lobbyist has performed or will be expected to perform and the date(s)of any services tendered. Include all preparatory and related activity 11o1just time spent in actual contact with Federal officials. Identify the Federal officer(s)or eniployce(s)contacted or the officer(s) ernployec(s)orMernbCT(S) Of Congress that were contacted. 15. Check whether or not,,tcoiitinL[ati011sliect(s)isattached. 16. "I'lic cerli lying officia➢shall sign and date the form,print his/her name title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response,including(irric for reviewing instruction,searching existing data sources,gathering and nraurrtaining the data needed,and completing and icviewing the collection of information. Send continents regardi i ig the burden estimate ate or any other aspect of this is collection of information, inClUding9uggcstionsfor reducing this burden,to,the Office ofManagenient and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-11-1.-Instructions Rev.06-04- 9WENDM) - 29- 1177 DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 03/30/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: RSC Insurance Brokerage,Inc. pHONE (305)446-2271 FAx A/C No Exf: A/C,No): 9350 S Dixie Hwy E-MAIL MIA-Certificates@Risk-Strategies.com ADDRESS: Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA: National Trust Insurance Co 20141 INSURED INSURER B: FCCI Insurance Co 10178 Master Mechanical Services Inc INSURER C: Federal Insurance Co 20281 15181 NW 33 Place INSURER D: INSURER E: Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2333037266 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 MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000 MED EXP(Any one person) $ 5,000 A Y GL100041840-05 03/31/2023 03/31/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y CA1506488-00 03/31/2023 03/31/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LAB CLAIMS-MADE UMB1506488-00 03/31/2023 03/31/2024 AGGREGATE $ 4,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A WC0100067854-03 03/31/2023 03/31/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractor's Equipment Scheduled Equip. $115,298 C 0664-21-83-ECE 03/31/2023 03/31/2024 Leased/Rented Equip. $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract:Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Commercial Automobile when required by written contract. a ' )' 'a, 23 CERTIFICATE HOLDER CANCELLATION ^" SHOULD ANY OF TF THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 " @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1178 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: March 6, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: February 15th BOCC Meeting The following items have been executed and added to the record: C6 4th Amendment to Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance & Service, for a one (1)year renewal, an annual CPI-U increase of 6.5%, and update certain contract provisions. Funding is Ad Valorem. C7 4th Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance & Service, for the last one-year renewal, an annual CPI-U adjustment of 6.5%, and 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 1179 FOURTH AMENDMENT TO AGREEMENT UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this 15th day of February, 2023, between MONROE COUNTY (hereinafter "County"' or "Owner"),, a political subdivision of the State of Florida, whose address is, I 100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("CONTRACTOR."), a Florida corporation, whose address is, 15181 NW 33 Place, Miami, Florida 33054. WHEREAS, the parties hereto did on March 21,2019', enter into all Agreement for HVAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on July 15, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount by Thirty Thousand and 00/100 ($30,000.00) Dollars, frorn Fifty Thousand and 00/100 ($50,000.00) Dollars to Eighty Thousand and 00/10�0 ($80,000.00) Dollars, and revise the Maintenance of Records provision; and WHEREAS,the parties hereto did on March 17, 202 1, enter into a Second Amendment to Agreement to,provide for the annual CPI-U adjustment of 1.4%as of December 31,2020,pursuant to the terms of the Original Agreement; and WHEREAS, the parties hereto did on March 16, 2022, enter into a Third Amendment to Agreement to amend its Original Agreement, as amended, to add or update contract provisions, renew the agreement for the first of two (2) optional one-year renewals, and to provide for the annual CPI-U adjustment of 7% as of December, 31, 20211, pursuant to the terms of the Original Agreement; and WHEREAS, paragraph 6 of the Original Agreement, as amended, provides that the contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index(CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December. 31 of the previous year, and provides for two, (2) optional one-year renewal periods to extend the term of the agreement; and WHEREAS, the parties also desire to amend only the first paragraph of Paragraph 10 of the Original Agreement, as amended, to add and/or update provisions of that paragraph to bring it current with certain County or State required contract provisions; and WHEREAS, this Fourth Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CP,I-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 all additional one-year period, and to add or update certain contract provisions; WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and 1180 WHEREAS, the parties find it would be: mutually beneficial to amend its Original Agreement and enter into this f'ourth Amendment to Agreement to provide for the annual CPI-U adjustment of six and five tenths percent (6,5%) as of December 31, 2022, pursuant to the terms of the Original Agreement, to renew the Agreement for the second of two (2) optional one-year renewals, and to add or update certain contract provisions; NOW THEREIN ORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1, Paragraph 5., Payments to Contractor, of the Original Agreement, shall be amended as follows: D. The cost of labor used by the Contractor to fulfill the obligation of the Contract, will be increased as follows: the hourly rate for a mechanic shall increase fi-oun $78.12 to $83.1.9, ,and the hourly rate for a mechanic Plus helper shall increase from $137.79 to $446.74, during normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays, with an effective date of April 1, 2023. The overtime labor hourly rate shall increase from $106.33 to S113.24, for a mechanic, and the hourly rates for a mechanic plus helper shall increase from $179.02 to $190.6-5, for hours not stated above, including holidays, with an effective date of April 1, 2023. 2. Paragraph 6 of the Original Agreement, as amended, states 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. The: CTI-IJ adjustment for December 31, 2022, was six and five tenths pet-cent (6.5%), and the effective date of the change of hourly rates shall become effective on April 1, 2023. 3. In accordance with Paragraph 6 of the Original Agreement, as arriended,the County exercises its option to renew the Original Agreement for the second of two,(2)optional one-year periods. This renewal term shall commence on April 1, 2023, and ends upon March 31, 2024, unless terin inated earlier under Paragraph 20 of the Original Agreement. 4. The first paragraph only of Paragraph 10, HOLD HARMLESS, INDEMNIFIC LXrION, DEFENSE,AND INSURANCE, of the Original Agreement, as amended, is hereby amended to delete the current first paragraph of Paragraph 10,as set forth in the Original Agreement and replace it in its entirety with the following first paragraph: 10. HOLD HARMLESS, INDEMNIFICATION, DEFENSE,AND INSURANCE Notwithstanding any ininimurn insurance requirements prescribed elsewhere in this agreement, the 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 -2- 1181 sustained by, any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees,or(C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than$1 million per occurrence pursuant to Section 725.06,Florida Statutes, r I'he limits of liability shall be as set forth in the insurance requirements included in Paragraph 10 herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. All other subsequent paragraphs, after this initial first paragraph, currently contained within Paragraph 10 of the Original Agreement, as amended, remain the same. 5. Except as set forth in Paragraphs I through 4 of this Fourth Amendment to Agreement, in all other respects,the terms and conditions set forth in the Original Agreement,as amended,remain in full force and effect. [REMAINDER OF PGE INTENTIONALLY LEFT BLANK] ISIGNATURE PAGE TO FOLLOW] 1182 i a IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above,Written. F. 0 � ' BOARD 0 UNTY CO MISSIONERS MADOK, CLERK OF MO OUNT O A By: 7 O rls'bepu Clerk Mayor Date: ZI I S I2cr7- Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECI-IANICAL SERVICES, i i Sign re of person authorized to ale legal y bind CONTRACTOR i Date: Date nt Na Print Name and Title R'k Address: l�!�J a1 uS d33 P! Signature , FL 33654 ate Print Name dos-�25 300� Telephone Number - _ cr7 v1 c� MpNaog 06UN Y A�'r6Ii�6%vFkt V9D}t5T0 PATRfOIA MLES.. ' ASSISTANT GfJliN7Y ATTORNEY D{�TI=t 1 f 2614023 -4- 1183 DATE(MM/DDYYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 3/31/2022 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: RSC Insurance Brokerage, Inc. NCO NN Ext: (305)446-2271 qc No: 3350 S Dixie Hwy E-MAILss: RSCcertrequest@risk-strategies.com ADDRE INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURER B:National Union Fire Insurance Co 19445 Master Mechanical Services Inc INSURERc:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Co 20281 INSURER E: Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL2233165453 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 MAYBE 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. NSR POLICYPOLICY EFF LTR YW TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DD Y YW MMDD Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE A CLAIMS-MADE ❑OCCUR PREMSESORNTE EaEo curDrence $ 100,000 X GL100041840-04 3/31/2022 3/31/2023 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 1 PECT � LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY APPROVED BY RISK MANAGEMENT COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ SCHED AUTOS OWNED AUTOSULED X DATE 4W 02 a BODILY INJURY(Per accident) $ F1NON-OWNED Nhl/wV' r& fA» ti"E PROPERTY DAMAGE $ HIRED AUTOS AUTOS ��n��r ,. Per accident UMBRELLA LAB N OCCUR EACH OCCURRENCE $ 1,000,000 B X EXCESS LABCLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION $ EBU 020790573 3/31/2022 3/31/2023 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C (Mandatory in NH) WC010006785402 3/31/2022 3/31/2023 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Leased/Rented Equipment 0664-21-83-ECE 3/31/2022 3/31/2023 Limit $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Auto Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE R Ins. Brokerage/STEB - "" � �• z__,ra.. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD 1184 INS025(201401) 74/1/2022 (MMIDDIYYYY) A111 CCOR" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mire a Cabrera NAME:HOE FAX LANSAT LIABILITY INSURANCE GROUP tPAICN, No, Ext: 561 417-6164 (A/C,No: 120 N Federal Hwy Ste 308 ADDRESS: zlansat allstate.com Lake Worth, FL 33460 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Allstate INSURED INSURER B Master Mechanical Services Inc INSURERC: 15181 NW 33rd Place INSURER D INSURER E MIAMI FL 33054 FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED APPROVED t9Y4 FUSK MANAO CKHT PREMISES Ea occurrence $ Bh1 MED EXP(Any one person) $ DATE PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: WAVER NOA, YE'I$ GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOG 11�� JECT PRODUCTS-COMP/OP AGO $ OTHER: $ AUTOMOBILE LIABILITY Ee accident)SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ 1,000,000 OWNED X AUTOS ONLY AUTOSULED Y 648956047 3/31/2022 3/31/2023 BODILY INJURY(Per accident) $ 1,000,000 HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident) ccident $ 100 000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Upper Keys HVAC Maintenance and Service The certificate holder is Additional Insured with respects to Auto Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commisioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West, FL 33040 !�= 2QiLC� ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1185 GV�S COURTg c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: March 18, 2022 TO: Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: March 16'BOCC Meeting Attached are copies of the following items for your handling: C5 3rd Amendment to Agreement with Master Mechaiiical Sel-NIlices, Inc.,for Middle Keys HVAC Maintenance &Sel-N11ice,for a one-year renewal, an aiuival CPI-U increase of 7%, and update contract provrisions. Ftuiduig is ad valorem. C6 3rd Amendment to Agreement with Master Mechaiiical Sel-NIlices, Inc.,for Upper Keys HVAC Maintenance &Sel-N11ice,for a one-year renewal, an aiuival CPI-U adjustment of 7%, and to update contract proNrisions. Fiinduig 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 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? limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1186 THIRD AMENDMENT TO AGREEMENT UPPER I<1,YS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA THIS THIRD AMENDMENT TO AGREEMENT is made and entered into this l6th day of March, 2022, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florida.corporation, whose address is 15181 NW 33 Place, Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for I IVAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on July 15, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount by Thirty Thousand and 00/100 ($30,000.00) Dollars, from Fifty Thousand and 00/1.00 ($50,,000.0�0) Dollars to Eighty Thousand and 00/100 ($80,000.00) Dollars, and revise the Maintenance of Records provision; and WHEREAS,the parties hereto did on March 17, 2021, enter into a Second Amendment to Agreement to provide for the annual CPI-U adjustment of 1.4%as of December 31,2020,pursuant to the terms of the Original Agreement; and WHEREAS, paragraph 6 of the Original Agreement, as arnended, provides that the contract amount may be adjusted annually in accordance with the percentage change in. the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CP,I-U computation at December 31 of the previous year, and provides for two (2) optional one-year renewal. periods to extend the term of the agreement; and WHEREAS, the parties also desire to amend the Original Agreement, as amended, to update and/or add current revisions pursuant to County Ordinances and/or other required contract provisions; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement and enter into this Third Amendment to Agreement to provide for the annual CPI-U adj ustinent of seven percent (7%) as of December 31, 202 1, pursuant to the terms of the Original Agreement,to renew the Agreement for the fist of two (2) optional one-year renewals, and to add or update the contract provisions; NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1187 I. Paragraph 5., Payments to Contractor, of the Original Agreement,, shall be amended as follows: D. The cost of labor used by the Contractor to fulfill the obligation of the Contract, will be increased as follows: the hourly rate for a mechanic shall increase from $73.01 to$78.12, and the hourly rate for a mechanic plus helper shall increase from $128.78 to $137.79, during normal working hours of 8:00 am to 5:00 prn, Monday through Friday, excluding holidays, with an effective date of April 1, 2022. The overtime labor hourly rate shall increase from $99.37 to $106.33 for a mechanic, and the hourly rates for a mechanic plus helper shall increase from $1.67.31 to $179.02, for flour's not stated above, including holidays, with an effective date of April 1, 2022. 2. Paragraph 6 of the Original Agreement states the Contract amount may be adjusted annually in accordance with the percentage change in the 'U.S. Department of Commerce Consumer Price Index(CP,I-tJ)for all Urban C011SLU-ners 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.The CPI- U adjustment for December 31, 2021, was seven percent (7%),, and the effective date of the change in hourly rates shall become effective on April 1, 2022. 3. In accordance with Paragraph 6 of the Original Agreement, as amended, the County exercises its option to renew the Original Agreement for the first of two (2) optional one-year periods. This renewal term shall commenee on April 1, 2022, and ends upon March 31, 2023, unless terminated earlier Linder Paragraph 20 of the Original Agreement. 4. Paragraph 18, NOTICE REQIJBEI�"1�1`+YT of the Original Agreement, as amended, is hereby amended to delete the current paragraph 18, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 18. NOTICE RE OVIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the COTRACTOR. Any written notices or correspondence required or permitted Linder this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid, or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the mariner provided in this paragraph. Notice is deemed received by C ONTRACTOR when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Master Mechanical Services, Facilities Maintenance Department Inc. 123 Overseas Highway—Rockland Key 15181 NW 33 Place Key Wes[, FL 33040 Miami, Ft, 33054 and -2- 1188 County Attorney 1.111 121" Street, Suite 408 Key West, FL 33040 5. Paragraph 25, ADJUDICATION OF DISPUTES OR DISAGREEMENTS, of the Original Agreement, as amended, is hereby amended to delete the current paragraph 25, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 25. ADJIJDICATION OF DISPUTES OR DISAGIMEMENTS 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 the parties. The CONTRACTOR and COUNTY representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the pat-ties, 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. This provision does not negate or waive the provisions of paragraphs 13 or 20 concerning termination or cancellation. 6. Paragraph 37, PUBLIC ENTITY CRIME INFORMATION STATEMENT, of the Original Agreement, as amended, is hereby amended to delete the Current paragraph 37, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 37. PUBLICE,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, proposal, or reply on a contract to provide any goods or services to a public entity,,may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287,017, Florida Statutes, for CATE GORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list." 7, The Original Agreement,as amended,is hereby amended to add the following as Paragraph 43, ETHICS Q A.USE and shall read as follows: 43. ETHICS CLAUSE "CONTRACTOR warrants that it had not employed,retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010�-1990 or any County officer or employee in .violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or 3- 1189 otherwise recover the full amount of any fee, cornmission, percentage, gift, or consideration paid to the former County officer or employee." 8. The Original,Agreement,as amended,is hereby amended to add the following as Paragraph 44, UNCONTROLLABLE CIRCUMSTANCE,and shall read as follows: 44. UNCONTROLLABLE CIRCUMSTANCE Any delay or-failure of either Party to perform its obligations Linder this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negl4zence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f.) action by any governmental authority prohibiting work in the Reomraphic area of the Project; (each, a "Uncontrollable Circumstance"), Contractor's financial inability to Perform, chan�cs in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall fzive County written notice within seven (7) days, of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance, Contractor shall use all diluent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an tJncontrollable Circumstance. The Conti-actor may only seek additional time at no cost to the County as the Owner's Representative may determine. 9. The Original Agreement,as amended, is hereby amended to,add the following as Paragraph 45, E-VERIFY SYSTEM, and shall read as follows: 45. E-VERIFY SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat. See. 448.095, the Contractor and any subcontractor shall register with and shall utilize the tJ,S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Ally subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec. 448.0�95. -4- 1190 to Except as set forth in Paragraphs I "through 9 of this Third Amendment to:Agreement, in all,other respects,thcJerms and conditions set'.forth in the.Orig'iital;Agreement,a"s.amended, I force and effect:: ESS WHEREOF,.the parties hereto..hawset'their hands and sealsahe- day.,and,year'fiist itten. g BOARD.OF COUNTY CbMMISSIONERS EVIN MADOK,:CLERK OF MONK, "f DA �rPP4y M rn�J��o y: . Deputy tleiic Mayor Date: �3 1 1 LO 202Z Date: 3 I I l Q 12GZ2 Witnesses for ONTRACT.OR: CONTRACTOR: MASTER ME- SERVICES, Signa e,.of.person-authorized to: ignature legally bind CONTRACTOR Date:MCWCA + 2 e24 to Print Name Print Name and TitleA.` Address: 1,!�1 el AJ uU11 �3 P I. Signature p fAl auMa . L 33Os'q Date Priilt Name Telephone Number ty1pNR0E CQLINTY^VEQ'ATf4R}VEV;'S OFFIC, ; PA .,TF1+01AAi.�s;'. ASSfS7A N7YAT{ARN�Y '�> T` _v -5- 1191 EIMMIDD CERTIFICATE OF LIABILITY INSURANCE OA 3/29/202121",} - 3/29/ TMIS 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 INSURERS),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER NAME: RSC Insurance Brokerage, Inc. PHONoE {305}446-22?1 Atc No: 3350 S Dixie Hwy ADDARESS:MIA-certificates@risk-strategies.com INSURER(S)AFFORDING COVERAGE NAIC 9 Miami Lr'L 33133 INSURER A:National Trust Insurance Co 20141 INSURED €NSURERB:FCCI Insurance Co 10178 Master Mechanical Services Inc INSURER C:National Union Fire Ins Co 19445 15181 NW 33 Place INSURERD:F'CCI Insurance Co 10178 INSURER E:Federal Insurance Co m an 20281 Miami FL 33054 LINSURERF: COVERAGES CERTIFICATE NUMBER:CL2132 902745 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 MAYBE 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. ENSR ADDLTYPE OF INSURANCE INSD S BR POLICY NUMBER MM@DIYYYYY MMIDWY YY LIMITS EXP LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMA E T R N 100,000 A CLAIMS-MADE OCCUR PREMISES Ea occurrence $_ X CL100041840-03 3/31/2021 3/31/2022 MED EXP{Any ono rson} $ 10,000 PER$DNAL�aDV INJURY $ 1,0oo,00D Approved Risk Manage ent GEN'LAGGREGATE LIMITAPPLIES PER: ,�� GENERAL AGGREGATE $ 2,000,000 JE T �LOC �l V. 6 , PRODUCTS•COMPJOP AGG S2,000,000 POLICY M . Kr OTHER: $ AUTOMOBILE LIABILITY - - COMBINED 3 L MI $ 1,000,000 dent B X ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CA10006826900 3/31/2021 3/31/2022 BODILY INJURY(Fu stccident} $ AUTOS AUTOS X --- NON-OWNED PROPERTY DAMAGE $ X HIREDAUTOS Ix AUTOS r act) nil $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 C X EXCESS LIAR CLAIMS-MADE AGGREGATE $ 1,000,000 BED RETENTION BE 060740597 3/31/2021 3/31/2022 $ WORKERS COMPENSATION X STR ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERtEXECUT€VE Y�NiA E.L.EACH ACCIDENT $ 1,000,000 OFFICENMD (Mandatory In EREXCLUDFO? NC010006765401 3/31/2021 3/31/2022 F.L.DISEASE,EA EMPLOYEE _$ 1 000,000 (Mandatory In NH} €f yos,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 FI Leased/Rented Equipment 0664-21-83-EC£ 3/31/2021 3/31/2022 Limit $100,000 Deductible $1,000 .I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Contract: Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Auto Liability when required by written contract. i CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key west) FL 33{)40 AUTHORIZED REPRESENTATIVE ,r RSC Ins. Brokerage/M =tx� r�rwc art. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS026(201401) 1192 From: customerservice@certsonline.com From: From: customerservice@certsonline.com Subject: Upload Via Web 05-05-2021Attachment(s):05_05_2021_COI 2021_2022_Master Mechanical.pdf Client Name: Monroe County Florida;Vendor Number: FX00000299;Vendor Name: Master Mechanical-MK;Document Uploaded By: Jaclyn Flatt Risk Management/Certified Paralegal ;Date Uploaded: 5/5/2021 10:23:59 AM ;Comment: Current COI. Expires 3.31.2022 1193 r` Kevin Madvk, CPA Clerk of the Circuit Court& Comptroller—Monroe County, Florida DATE: March 18, 2021 TO: Alice St.eryou Contract Monitor FROM: Paincla G. Hanco�.l�.C. SUBJECT: March 17"' BOCC Meeting Attached is an electronic copy of each of the follo"ing items li)r your Handling: T.5 2nd Amendment to Agreement with Master Mechanical Services, Inc.,for 1?pper Keys HVAC Maintenance&Service, for an annual CPI-1I adjustment of 1.496 for the year ending 2020. Funding is ad valorem. T6 2rid Amendment to Agreerent with Master Mechanical Services, Inc.., for Middle Keys IIVAC Maintenance& Service,for an annual CPI-1' increase of 1.4%for the year ending 2020. Due to COVID-19 there ►vas not a CPI-1I increase in 2020. Funding is ad valorein. should you have any questions please feel free to contact me at (305) 292-3550. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point(load Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,FWdi 1194 305-294-4641 305-289-6027 305-852-7145 305-852-7145 SECOND AMENDMENT TO AGREEMENT UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 17th day of March, 2020, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florida corporation,whose address is 15181 NW 33 Place,Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for HVAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on July 15, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount by Thirty Thousand and 001100($30,000.00) Dollars, from Fifty Thousand and 001100 ($50,000.00) Dollars to Eighty 'Thousand and 001100 ($80,000.00)Dollars,and revise the Maintenance of Records provision;and WHEREAS, Paragraph 6 of the Original Agreement, as amended, provides that the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index(CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the previous year. 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 Second Amendment to Agreement to provide for the annual CPI-U adjustment of 1.4%as of December 31, 2020, pursuant to the terms of the Original Agreement; and NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 5. of the Original Agreement,shall be amended as follows: I). The cost of labor used by the Contractor to fulfill the obligation of the Contract, will be increased as follows: the hourly rate for a mechanic shall increase from$72.00 to$73.01,and the hourly rate for a mechanic plus helper shall increase from $127.00 to $128.78, during normal working hours of 8:00 am to 5:00 pm, Monday through Friday,excluding holidays. -t- 1195 The overtime labor hourly rate shall increase from $98.00 to $99.37 for a mechanic, and the hourly rates for a mechanic plus helper shall increase fi•om $165.00 to$167.31, for hours not stated above, including holidays,with an effective date of April 1,2021. 2. Paragraph 6 of the Original Agreement states 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 CPl-U computation at December 31 of the previous year.The CPI- U adjustment for December 31,2020, was 1.4%,and the effective date of the change in hourly rates shall become effective on April 1,2021. 3. Except as set forth in Paragraphs I and 2 of this Second Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement.,as amended, remain in full force and effect. �9 ITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first l �ab ritten. 1c�{ BOARD OF COUNTY Whd ISSIONERS `� _.. ► _ EVN MA]OK, CLERK l , B Y � y• As Deputy Clerk Mayor Date: t? 2-0 11-1 Date: Mdtie. 1 1 Zo L! 3 c Witnesses for CONTRACTOR: CONTRACTOR: MASTER MEC14ANICAL SERVICES, :f INC. CO Si ature of person authorized to LIP nature legally bind CONTRACTOR a -_ -Su ay-J ��w rJ� - Sec f4cx ► IZY Date Print Name Print Name and Title Address;_ ISM 1 N",� 3 ' Sig a ure 3e3 a t Telephone Number *Dae Print Name MOWM COUNTY AT KRIEYS OFFICE lta�►S'IO PASROA EI LES -2- ANSTAfMATTOMV DATE: 1196 AE9R CERTIFICATE OF LIABILITY INSURANCE 3J30/2020 IM CERTIFICATE IS ISSUED AS A HATTER OF MFORMAMM ONLYAND CONFERS NO MMTS UPON TM CERTIFICATE HOLDER TENS CERTIFICATE DOES NOT AFFIRMTIVELY OR MEGATNlLYAMEND,EKI D OR ALTER THE COVERAGE AFFOR M SY TH1r POUCIE; BPLOYII. THIS CEr1MFICATE OF INStlRANCE DOES NOT CONSTITUTE A CONTRACT MErMEEN THE=UMQ JNMM W( AUTMDIt MO REPRESEM ME OR PROOUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the car1111ests hadw Is an ADOMM INSU Ims]must be endorsed. N KMROQAT1ON IS VAUVED,subject to the forme and oondtlons of the popsy,ceetaln pokles may nq°In an endorwns t. A etMeamd on this ow0cats does not mWkw rights t0 ills cardlesle holder In Ilsu of such endarsement(s PI100NEaR ASC Insurawn brokerage, Inc. Mpmdm (309)446-2271 PA>< 3350 8 Di:ie llrry DAMAWLoartilicateaEkahn-aarlia.om imam MMMM aorenAsa Irie>aIl n 33133 enmralA onal Trust: IusaEnn2g Cc 20141 VA&tse: uriai assnr 39497 13191 Neahanieal serviwe Inc C:FC= Ynmcanee 10170 si81 Ilir ]3 mace IMUM 2MVMIZ 20201 ralla+la a- Miaali n 33054 rAtllasR P: COVER"N CERTIFICATE NUMBOL-CL2033055204 RE11M M NUMBM- THIS Ifs TO CERTIFY THAT THE POLICIES OF MBURIANCE LISTED B!1 KAVE MN tesuou TO THE INSURED NAMEDABOVE FORTHE POLICY PERIOD INDICATED.N0TWMJ5TANDMk3ANyREQIW&MENT,TERM OR czNof m OFANY OONTRACf OR OTHER DOCUMENT WITH RESPECTTO WHICH THHI CERTIFICATE MAY SE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLHCIEB DEBCMED HEREIN to SUFJECT TOALL THE TERMS, EMUSIONB AND CONDITIONS OF SUCH POLIUM L1MIli SHOWN WAY HAVE BEEN REDUCED BY FMID CLAIAiS. TMEORelaYnANCi Leaie x ear aCW 0aNa1tALNWILITY EACH OC 0 1,aa0,00e A CL#A!-MCE F1100MM 0 100,000 x 3/31/303v 3/31/2021 Ian m W,eAe = 10,000 P9100NAL 4 ADY MasrY 1,000,000 ewNLAGORESATE UfArT APPLIES PER: 4ErNRALAGOMM3 : 21000,660 POLICY❑x W 0 LOC PR00UL7a.CONPA7PAO0 � 2,008,000 t AU}OKOBUILjWINUM : 1,veo,avv b Ix ANTAUIIC saDe,Y MAIRY O''erPMM4�OWNE° w EOx 30la3004ape001 3/31/f0;e 3h1/20t1 DOaa.YMannOW 1-r,-1 3 NO.1DAuroe x AUra a Inman LIAe OCCUR MM OCCUMVINCE $ fI700M I" aAwrr.w►oE AOMMMI Tt _ VMF4 alre COm voux aN = 3 Ae0�eL0Yaaa LIAa1LIrY YIN ANr EL EACH ACCIDENT 1 6 000 L, 0fp13AeaRa71C1J10E0T NIA Rpeal 001-ar�0ir�2H7 3/u13030 3111/le11 E1 Wdw .DISEASE,EA 1 000 a08 OF Qp6RADDp4bWw &L DIeEAfE•POMY UM 3 1,000,000 n Eereee1la*nhed lyYlpbent Oiih:L-e7-aGa 3/31/2020 3►31/1011 Lhe $100,000 oaralePTION aP oPNxATIOMa ILo0A1101N1lalaaLse(AOeab1KAalelemN Nrepp edep&w,"beamed"Roma apme Ir,.e,3,ee) ft* Certificate 1101dsr, its ealplayeea and officials are Additieaal insured with respec" t0 general IdAbility and Auto Liability as repaired by written contract. T SK BY � 4�2$/2Q2Q CERTIFICATE MOLDER CANCELLATIO1 WANN ISHOULAANY OF THIASM 0E0Cd1ME0 PO1 w CANCELLED BEFORE 'i'M Monroe County THE MXPMT10M VAT1I TIMMEaF,NOTRIE IYILL M CIMLMMED IN Board of Conaty CONLiseiosers A00ORDAMCM OI M THE POLICY PROMON& 1100 Simonton Street #3-284 Key Ilaat, IrL 33040 AurNalaaDReP114MWOMM Christian/GENno iSSII-M4 ACORD CORPORA N. AN rights raserwd. ACORD 23(Molf'01) The ACORD name and k po are registared marks of ACORD INS025 M4DN1 1197 QOUR „mow r+� �: Kevin Madok, cPA . Ale.:GClerk of the Circuit Court&Comptroller—Monroe County, Florida DATE: July 17, 2020 TO: Alice Steryou Contract Monitor FROM: Pamela f r. Hanco*X14 SUBJECT: July 15" BOCC Meeting At.taclied is an clectronic copy of die following item for your handling: C 1 G V Amendment to Agreement with Master Mechanical Services, Inc.,for t Jpper Keys HVAC Maintenance& Service,to increase the annual compensation amount.by $30,000.00; and revise Maintenance of'Records provision. Funding is ad valorem. Should you lrave any questions please feet fret to contact me at (305) 292-35 50. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PKIROTH BUILDING 500 Whitehead Street 3117 Overseas Highway M20 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1198 FIRST AMENDMENT TO AGREEMENT UPPER KEYS HVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 15th day of July, 2020, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florida corporation, whose address is 15 181 NW 33 Place, Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for HVAC Maintenance and Service for the County's Upper Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, Paragraph S.F. of the Original Agreement provides that the total compensation to the Contractor shall not exceed Fifty Thousand and 00/100 ($50,000,00) Dollars annually, unless pre-approved emergency work requiring additional funds is implemented; and WHEREAS, there has been unanticipated repairs and/or emergency work at various locations, exhausting the annual compensation amount for this year with three (3) remaining summer months; and WHEREAS, the parties find it' would be mutually beneficial to increase the annual agreement amount by Thirty Thousand and 00/100 ($30,000.00), from Fifty Thousand and 00/100 ($50,000.00) Dollars to Eighty Thousand and 00/100($80,000.00) Dollars; and WHEREAS, County also desires to revise the Maintenance of Records provision of the Original Agreement to update the provision and/or add or correct errors pursuant to its ordinances; and WHEREAS, Contractor agrees and consents to such revisions in its Original Agreement to update the provision and/or add or correct errors and ensure compliance with the Maintenance of Records provision; and WHEREAS, the parties have found the Original Agreement to be mutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement and enter into this First Amendment to Agreement, and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 5.E., Payments to Contractor, of the Original Agreement, shall be amended as follows: 1199 E. Total Compensation to CONTRACTOR tinder this Agreement shall not exceed EIGHTY T14OUSAND AND 00/100($80,000,00)Dollars annually,unless pre-approved emergency work requiring additional funds is implemented. 2. Paragraph 8, Maintenance of Records,of the Original Agreement,shall be amended as follows- 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, or were wrongfully retained, 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. Availability 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 or the Monroe County Office of the Clerk of court and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's or the County Clerk's reasonable 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 and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk, Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll 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. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. The Right to Audit provisions survive the termination or expiration of this Agreement, 1200 3. Except as set forth in Paragraphs I and Z of this First Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended,remain full force and effect. NESS WHEREOF,the parties hereto have set their hands and seals the day and year first tten. I BOARD OF COUNTY COMMISSIONERS EVIN MADOK,CLERK OF MONROE COUNTY, FLORIDA «.,.. As Deputy Clerk yor �/ Date: 7�-v Date: r Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. dc r—P-,C.4� �r 5ign re of person authorized to ignatuk—==--� legal y bind CONTRACTOR Date: 2 Izo A A ate Print Name Print Name and Title Address:15(9( AW 88 P1. Egnature 36 5 Z 5- --�OoA to Z -w wy Telephone Number Date Print Name N � W C-- - MONROE COUNTY ATTOORNEY'S OFFICE PAT RIC[A EaLES ASSISTANT OOL AFRNI DATE: -3 - 1201 A�® CERTIFICATE OF LIABILITY INSURANCE 3/0/20'o' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endomement(s). PRODUCER NAM RSC Insurance Brokerage, Inc. PHONE (305)446-2271 FAx No: 3350 S Dixie Hwy AD�: certificates6kahn-carlin.com INSURE S AFFORDING COVERAGE NAIL i Miami FL 33133 INSURER A:National Trust Insurance Cc 20141 INSURED INSURER B:Infinity Assurance Insurance Company 39497 Master Mechanical Services Inc INSURERC:FCCI Insurance Cc 10178 15181 UK 33 Place INSURER D.Federal Insurance Company 20281 INSURER E Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL2033055204 REVISION NUMBER; THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE E0 OCCUR PREMISES E8 oavnance i 100,D00 X OL100041840-02 3/31/2020 3/31/2021 MED EXP one on $ 10,000 PERSONAL 6 ADV INJURY 3 1,000,000 GEN'LAGOREGATE LIMMAPPLIES PER: GENERALAGGREGATE S 2,000,000 POLICY�JECT EI LOC PRODUCTS-COMPIOPAGG $ 2,000,000 OTHER: $ AUTOMOBILE I-U,BILMY COMBINED SINGLE LIMIT $ 1,000,000 Es eaddent B I ANYAUTO BODILY INJURY(Per peraan) $ ALOWNED SSHEEDULED 509820045985001 3/31/2020 3/31/2021 BODILY INJURY(Per acddenl) $ AUTOSNON-OWNED PROPERTY DAMAGE OS X A HIREOAUTOS N AUTOS P M > $ UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LUIB CLAIMS•MADE AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION PER ER AND EMPLOYERS'LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT S 2,000,000 C WmOFFICER/MEMBER EXCLUDED? 001-MC20A-72097 3/32/2020 3/31/2021 (� ry ) E.L.DISEASE-EA EMPLOYEE S 2,000,000 If yes,dewkbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Leased/Rented Equipment 0668-21-83-RC[ 3/31/2020 3/31/2021 Unll $100,000 Dedudmle $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Add8lonal Remarks Schedule,may be rihched N more apses In required) The Certificate Holder, its employees and officials are Additional Insured with respects to General Liability and Auto Liability as required by written contract. 4/28/2020 CERTIFICATE HOLDER CANCELLATIOI WAPMR '*X SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Monroe County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Board of County Comissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street #2-284 Key West, FL 33040 AUTNORIM REPRESENTATIVE Christian/GENFLO 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) 1202 e°�R couRre po Kevin Madok, CPA Clerk of the Circuit Court&Comptroller—Monroe County, Florida NEE coUN 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 die 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 1 st 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, oomn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1203 AGREEMENT FOR UPPER 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"),a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., a Florida Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"),whose address is 15181 NW 33 Place,Miami, FL 33054. 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 1 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 trained in all appropriate safety regulations,including but not limited to,OSHA regulations and all other applicable local, State and Federal regulations. 1 Upper Keys HVAC Mainteance and Service Agreement 1204 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. a. 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 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) 2 Upper Keys HVAC Mainteance and Service Agreement 1205 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 percent(20%)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: $ 72.00 per hour, mechanic $ 127.00per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $98.00 per hour,mechanic $165.00 per hour, mechanic plus helper 3 Upper Keys HVAC Mainteance and Service Agreement 1206 i Parts Cost Plus: Twenty percent (20 %) 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 tivriting. There are no additional costs for travel, mileage, meals, or lodging. E. Total Compensation to CONTRACTOR under this Agreement shall not exceed Fifty Thousand and 00/100 ($50,000.00) 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 1, 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 Upper Keys HVAC Mainteance and Service Agreement 1207 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. Availability 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 and/or 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 I 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 Upper Keys HVAC Mainteance and Service Agreement 1208 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 Iaw. (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 othertivise 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- BRIANnu,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STREET, SUITE 408,KEY WEST,FL 33040. 6 Upper Keys HVAC Mainteance and Service Agreement 1209 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 million 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 limits 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 limits, and $100,000.00 bodily injury by disease, each employee. 7 Upper Keys HVAC Mainteance and Service Agreement 1210 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 hired vehicles. If single limits are provided, the minimum acceptable limits are S200.000.00 per person, S300.000.00 per occurrence, and S200,000.0 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 8 Upper Keys HVAC Mainteance and Service Agreement 1211 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 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 I 1)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 Iimited 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 9 Upper Keys HVAC Mainteance and Service Agreement 1212 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 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 Master Mechanical Services, Inc. Facilities Maintenance Department 15181 NW 33 Place 3583 South Roosevelt Blvd. Miami, FL 33054 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. 10 Upper Keys HVAC Mainteance and Service Agreement 1213 20. TERMINATION A. The County may terminate this Agreement with or without cause prior to the commencement of work. 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 sixty (60) 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 11 Upper Keys HVAC Mainteance and Service Agreement 1214 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, 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. 34. PRIVILEGES AND IMMUNITIES 12 Upper Keys HVAC Mainteance and Service Agreement 1215 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. 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 13 Upper Keys HVAC Mainteance and Service Agreement 1216 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 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. 14 Upper Keys HVAC Mainteance and Service Agreement 1217 IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative. BOARD OF COUNTY COMMISSIONERS MADOK, CLERK OF MONRO O , FLORIDA By: �4�-'1�0-1 eputy Clerk M or Date: V" lAA CA 21 ?'°l q Date: t Ia" Z�c ZO l cl Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. Signa a of person authorized to i nature legal bind CONTRACTOR Date: J—/�� 44Pi JPmn � Resi'den+ Date Name Print Name and Title Address:L519I Al 0 % 3 P1. MIat.l;c FL 33aS� Signature 305- ems-a- + I Telephone Number 19 Date Print Name Lai . - L f'- MONROE COUNTY ATTORNEY'S OFFICE PpRQVEq A5 TOFO M 4ti r z 0 i -w PATRICIA EABLES AWSTANT CO ATTORNEY Q fY is!CJ DATE: Ick 15 Upper Keys HVAC Mainteance and Service Agreement 1218 EXHIBIT "A" SPECIFICATIONS: A) Routine repairs and maintenance of all County maintained central air conditioning units in the Upper 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 percent(20%) 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 Upper Keys. Buildings to be serviced shall include, but shall not be limited to,the following: 16 Upper Keys HVAC Mainteance and Service Agreement 1219 GOVERNMENT CENTER/COURTHOUSE Highpoint Road, Plantation Key COUNTY OFFICES—SOCIAL SERVICES & CODE ENFORCEMENT Highpoint Road, Plantation Key CARPENTER SHOP Key Heights Drive, Plantation Key SENIOR CITIZEN CENTER/AARP Highpoint Road, Plantation Key COURTROOM B Government Complex,Plantation Key SHERIFF'S OFFICES—FIRST APPEARANCE U.S. 1 Highway, Plantation Key, Former Mobile Trailer JERRY ELLIS BUILDING GOVERNMENTAL CENTER COMPLEX 88800 Overseas Highway, Plantation Key SPOTTSWOOD STATION 88770 Overseas Highway, Plantation Key PLANTATION KEY DETENTION FACILITY/JAIL 53 Highpoint Road,Plantation Key TAVERNIER FIRE STATION Marine Avenue,Tavernier KEY LARGO LIBRARY U.S. 1 Highway, MM101, Tradewinds Shopping Center, Key Largo ISLAMORADA LIBRARY MM81.5 Bayside, Islamorada ROTH BUILDING 48 Highpoint Road, Plantation Key MONROE COUNTY COMMUNICATION BUILDING Key Heights Drive, Plantation Key MURRAY E. NELSON GOVERNMENT AND CULTURAL CENTER 102050 Overseas Highway, Key Largo FACILITIES/ROADS& BRIDGES COMPLEX Magnolia St, Key Largo 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. 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. 17 Upper Keys HVAC Mainteance and Service Agreement 1220 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. xi. 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. 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 18 Upper Keys HVAC Mainteance and Service Agreement 1221 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 prorated deduction from the monthly invoice. 19 Upper Keys HVAC Mainteance and Service Agreement 1222 A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/D°nryY) 3/1/2019 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Risk Strategies Company PAHro NNo Ext: (305)446-2271 FAX, No: 3350 S Dixie Hwy ADDRESS:Certificates@kahn-carlin.com INSURERS AFFORDING COVERAGE NAIC 0 Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURERB:MOnroe Guaranty Insurance Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33'Place INSURER D:Federal Insurance Company 20281 INSURER E: Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1832960074 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 SUBR POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE POLICY NUMBER MMIDDIYYYY MM/DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO' A CLAIMS-MADE Fx_]OCCUR PREMISES Eao cuDence $ 100,000 X GL00116388 3/31/2018 3/31/2019 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE $ 2,000,000 POLICY [fl PRO [_X]LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 0 accident B Ix ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS XCA 100024142 3/31/2018 3/31/2019 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIREDAUTOS X AUTOS Per accident $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 A EXCESS LIAB CLAIMS-MADE UMB 100024143 3/31/2018 3/31/2019 AGGREGATE $ 4,000,000 DEL) I X I RETENTION$ 0 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETORIPARTNER/EXECUTIVE NIA E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? C (Mandatory in NH) 001WC18A72097 3/31/2018 3/31/2019 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ 1,000,000 D Leased/Rented Equipment 06642183ECE 3/31/2018 3/31/2019 Limit 100,000 Deductible 1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Auto Liability when required by written contract. APPRO GE(VIEI`}T BY DATECt,('(�� WAIVE N A, Y CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/LISCAN �[S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) - The ACORD name and logo are registered marks of ACORD INS025(201401) 1223 ATE ACOO CERTIFICATE OF LIABILITY INSURANCE D 4/10/20 8Y) 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Risk Strategies Company PHONE (305)446-2271 Fax A/C No Ext: AIC,No 3350 S Dixie Hwy E-MAADDRESS: Certificates@kahn-carlin.com INSURERS AFFORDING COVERAGE NAIC N Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURER B:Monroe Guaranty Insurance Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Company 20281 INSURER E: Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1832960074 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 ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDDIYYYY MM/DDIYYYY X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence S X GLOO116388 3/31/2018 3/31/2019 MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERALAGGREGATE S 2,000,000 POLICY JEo a LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY COMaccident BINED SINGLE LIMIT Ea $ 1,000,000 B Ix ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS XCA. 100024142 3/31/2018 3/31/2019 BODILY INJURY(Per accident) S NON-OWNED PROPERTY DAMAGE HIREDAUTOS X AUTOS Per accident S S X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 A EXCESS LIAB CLAIMS-MADE UM13 100024143 3/31/2018 3/31/2019 AGGREGATE $ 4,000,000 DED I X I RETENTION S 0 S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 C OFFICER/MEMBER EXCLUDED? ❑NIA (Mandatory in NH) 001WClBA72097 3/31/2018 3/31/2019 E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Leased/Rented Equipment 06642183ECE 3/31/2018 3/31/2019 Limit 100,000 Deductible 1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Contract: Middle Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to general Liability and Auto Liability when required by written contract. APR VM/A OEMENT BY DAT WAIVE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/LISCAN 7'JcS C ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) 1224 ACC)R ® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 3/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company pHHc Nc Ext: (305)446-2271 aC No: 3350 S Dixie Hwy E-MAIL Certificates@kahn-carlin.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURERB:Monroe GuarantV Ins Cc 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Company 20281 INSURER E: Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1932808223 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 MAYBE 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 SUBRPOLICY EXP LTR TYPE OF INSURANCE WVOPOLICY NUMBER MMDIDY EFF MM/DDNYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ X GL100041840-01 3/31/2019 3/31/2020 MED EXP(Any one person) $ 10,000 Vaccident)_ &ADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GGREGATE S 2,000,000 POLICY�PRO �LOC -COMP/OPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY EaSINGLE LIMIT S 1,000,000 B X ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED CA100024142-01 3 31/2019 3/31/2020 BODILY INJURY Per accident S AUTOS AUTOS X / ( ) X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident S S X UMBRELLA LAB X OCCUR EACH OCCURRENCE S 4,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,000 DED I X I RETENTION S 10,000 UME100024143-01 3/31/2019 3/31/2020 S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN I STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OF EXCLUDED? 17 N I A C (Mandatory in NH) 001-WC19A-72097 3/31/2019 3/31/2020 E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 ±tt ted Equipment 0664-21-83-ECE 3/31/2019 3/31/2020 Limit $100,000 Deductible $1,0 0 0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) The Certificate Holder, its employees and officials are Additional Insured with respects to General Liability and Auto Liability as required by written contract. R PPR�v i A JAGEMf I�1! CAA I O WAIVER N/A' YES_ J CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The Monroe County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Board of County Comissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street #k2-284 Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/STEDEL /S ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) 1225 ACC) CERTIFICATE OF LIABILITY INSURANCE 73/28/2019 E(MM/DDNYYY) 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 be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company n/cNN Ext: (305)446-2271 'FAX 3350 S Dixie Hwy E-MAIL Certificates@kahn-carlin.com ADDRESS: INSURERS AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Cc 20141 INSURED INSURERB:Monroe Guaranty Ins Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Company 20281 INSURER E: Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1932808223 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 SUBR LTR TYPE OF INSURANCEINSD WVD POLICY NUMBER MMI DY EFF MMID�Y EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100,000 A CLAIMS-MADE X OCCUR PREMISES Ea occurrence S X GL100041840-01 3/31/2019 3/31/2020 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S 2,000,000 POLICY [fl jEO [7X LOC PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: S AUTOMOBILE LIABILITY O a INEDISINGLE LIMIT $ 1,000,000 (EaB X ANYAUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED CA100024142-01 3 31/2019 3/31/2020 BODILY INJURY Per accident S AUTOS AUTOS X / ( ) X X NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS Per accident S $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,000 DED X RETENTION S 10,000 UMB100024143-01 3/31/2019 3/31/2020 S WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICERIMEMBER EXCLUDED? ❑ N I A C (Mandatory in NH) 001-WC19A-72097 3/31/2019 3/31/2020 E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Leased/Rented Equipment 0664-21-83-ECE 3/31/2019 3/31/2020 Limit $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to G%rff�1�U' lit '\ Auto Liability when required by written contract. g'y r t`L-IV- 3 (' IV ENJ'Pq WAIVER N/At .. IJ CERTIFICATE HOLDER CANCELLATION 11 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/STEDEL ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) 1226 �1 '4��® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 3/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 be endorsed. if SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company PHONE (305)446-2271 FAx A/C No.Ext, A/C No): 3350 S Dixie Hwy - E-MAIL ADDRESS: Certificates@kahn-carlin.com INSURERS AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURERB:MOnroe Guaranty Ins Co 32506 Master Mechanical Services Inc INSURERC:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Company 20281 INSURER E: Miami FL 33054 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1932808223 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF IN POLICY NUMBER (MM/DD MM/DD LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X❑ PREMISESS OCCUR DAMAGE REMISES 100,000 PREMI Ea occurrence S X GL100041840-01 3/31/2019 3/31/2020 MED EXP(Any one person) S 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER; AP:❑ i L�' VCi � i �I GEMFNT GENERALAGGREGATE S 2,000,000 X PRO- X BY POLICY JECT LOC VAIL� PRODUCTS-COMP/OPAGG S 2,000,000 OTHER: UV"IVLN N/Ai _ YES __ $ AUTOMOBILE LIABILITY OaBINEDtSINGLE LIMIT S 1,000,000 (Ea cB X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED CA100024142-01 3/31/2019 3/31/2020 BODILY INJURY Per accident S AUTOS AUTOS X ( ) X E NON-OWNED PROPERTY DAMAGE HIREDAUTOSAUTOS Per accident) $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 4,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE S 4,000,000 DED I X I RETENTION S 10,000 UMB100024143-01 3/31/2019 3/31/2020 1 S WORKERS COMPENSATION PER _ 10 AND EMPLOYERS'LIABILITY Y/N X STATUTE EERH ANY PROPRIETOR/PARTNER/EXECUTIVE EACH ACCIDENT OFFICER/MEMBER EXCLUDED? ❑ N/A S 1,000,000 C (Mandatory in NH) E.L.001-WC19A-72097 3/31/2019 3/31/2020 E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D Leased/Rented Equipment 0664-21-83-ECE 3/31/2019 3/31/2020 Limit $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Contract: Middle Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Auto Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE M Christian/STEDEL ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) 1 227 DATE(MM/DD/YYYY) A`COR" CERTIFICATE OF LIABILITY INSURANCE 03/29/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: RSC Insurance Brokerage,Inc. PHONE (305)446-2271 FAX A/C No Ext: A/C,No): 9350 S Dixie Hwy E-MAIL MIA-Certificates@Risk-Strategies.com ADDRESS: Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA: National Trust Insurance Co 20141 INSURED INSURER B: FCCI Insurance Co 10178 Master Mechanical Services Inc INSURER C: National Union Fire Insurance Co of Pittsburgh PA 19445 15181 NW 33rd Place INSURER D: Federal Insurance Co 20281 INSURER E: Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2432937382 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE 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 MAYBE 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 POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGESOEa occurrrence $ 100,000 MED EXP(Any one person) $ 5,000 A Y GL100041840-06 03/31/2024 03/31/2025 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑X PECT ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 : $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y CA100083839-01 03/31/2024 03/31/2025 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 4,000,000 C X EXCESS LIAB CLAIMS-MADE EBU 014669844 03/31/2024 03/31/2025 AGGREGATE $ 4,000,000 DED RETENTION $ $ WORKERS COMPENSATION X STATUTE EORH PER AND EMPLOYERS'LIABILITY y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? NIA WC0100067854-04 03/31/2024 03/31/2025 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contrator's Equipment Scheduled Equip. $115,298 D 0664-21-83-EUC 03/31/2024 03/31/2025 Rented/Leased Equip. $250,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract:Upper Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Commercial Automobile when required by written contract. Ire ,I CERTIFICATE HOLDER CANCELLATION 41 2 4 w SHOULD ANY OF THE E I THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 »., ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1 228