The URL can be used to link to this page

Item C03 C3 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 October 16, 2024 Agenda Item Number: C3 2023-3013 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval of a Sixth Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to renew the Agreement for the third of four optional one-year renewals, CPI-U increase of 3.4%, update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. Funding is Ad Valorem and Fines and Forfeitures. ITEM BACKGROUND: On October 20, 2021, the BOCC approved a Bid Award Agreement for Gary's Plumbing and Fire, Inc. (Gary's) for Full Maintenance Fire Protection Services with an initial one (1)year term commencing on November 1, 2021, and terminating on October 31, 2022, with an option to renew for four(4) additional one-year periods. A First Amendment, approved on April 20, 2022, increased the annual not to exceed amount from $70,000.00 to $135,000.00 and revised the Notice provision to reflect the new address for Facilities Maintenance at its Rockland Key location. On September 21, 2022, the BOCC approved a Second Amendment to renew the Agreement for the first of four (4) optional one-year renewals with a CPI-U adjustment of 7% for the labor costs and each building being serviced. The BOCC approved a Third Amendment on November 8, 2023, which increased the contract amount by the CPI-U of 6.5%, renewed the Agreement for the second of four (4) optional one-year renewals, modified locations, added and/or updated provisions to allow for the option of requesting, from the Contractor only, a proposal/quote for replacement equipment and installation and increased the annual not to exceed amount to $143,775.00. Due to unanticipated repairs and/or necessary emergency work, on May 15, 2024, the BOCC approved the Fourth Amendment increasing the annual not to exceed agreement amount to $393,775.00). On July 17, 2024, the BOCC approved a Fifth Amendment to add Pigeon Key as an additional Marathon location and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. This Sixth Amendment seeks approval to renew the Agreement for the third of four (4) optional one- year renewals with a CPI-U adjustment of 3.4% for the labor costs and each building being serviced and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required 217 contract provisions. The new term will commence on November 1, 2024, and end on October 31, 2025. Staff seeks approval of this Sixth Amendment. PREVIOUS RELEVANT BOCC ACTION: July 17, 2024 BOCC approved a Fifth Amendment to add Pigeon Key as an additional Marathon location and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. May 15, 2024 BOCC approved a Fourth Amendment increasing the annual agreement amount by $250,000.00 to an annual total contract amount of$393,775.00. November 8, 2023 BOCC approved a Third Amendment to provide for an annual CPI-U increase of 6.5%, renewed the term for an additional one-year period, modified Upper Keys' locations, added and/or updated provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increased the annual agreement amount by $8,775.00 Dollars due to budgeted CPI-U increases and additional locations being added for service. September 21, 2022 BOCC approved a Second Amendment to increase the contract amount by the CPI-U of 7% and renew the Agreement for the first of four(4) optional one-year renewals. April 20, 2022 BOCC approved a First Amendment to increase the annual not to exceed amount from $70,000.00 to $135,000.00 and revised the Notice Provision of the Contract to reflect the new address for the Facilities Maintenance Dept. October 20, 2021 BOCC approved a Bid Award Agreement for Gary's Plumbing and Fire, Inc. for Fire Protection Services in County facilities. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Renew the Agreement for the third of four optional one-year renewals, increase payments by the CPI-U of 3.4% and update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. STAFF RECOMMENDATION: Approval DOCUMENTATION: 10-16-2024-Sixth Amendment Fire Protection Maintenance-Gary°s (Final legal stamped)-Partial Bxec.pdf 07-17-2024-C23_5th A end ent-Gary°s Plumbing and Fire-Bxec.pdf r 05-15-2024-C4_4th Amendment-Gary°s Plumbing and Fire Inc_.pdf 11-08-2023-Thid Amendment-F14_Gary°s Plumbing and Fire-Bxec.pdf 08-21-22 Second Amendment-Bxec.pdf 04-20-22 First Amendment-Garys-Bxec.pdf 10-20-2021-Bid Award Agreement Item D9_MT 9791_Garys_Bxec.pdf COI-08-2025-Garys-Bxec.pdf FINANCIAL IMPACT: 218 Effective Date: 11/01/2024 Expiration Date: 10/31/2025 Total Dollar Value of Contract: $393,775.00/year Total Cost to County: $393,775.00/year plus CPI-U adjustments Current Year Portion: $360,960.38 increase 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: Funding is Ad Valorem and Fines and Forfeitures 219 C) C14 C14 SIXTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Sixth Amendment to Agreement is made and entered into this 16th day of October 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision oft e State of Florida, whose address is 11 Simonton Street, Key West, Florida 33 040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOW), whose address is 6409 2 d Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 202 1, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreemenf'); and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment tote Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00)Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00)Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment tothe Original Agreement to provide for an annual CPl-U increase of 7%pursuant to the Agreement and to renew the to for an additional one-year period; and VVHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Original Agreement to provide for an annual CP1-U increase of 6.5% pursuant to the Agreement, to renew the to for an additional one-year period,to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the of Plantation Key Jail location, toad and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00)Dollars due to budgeted CPl-U increases and additional locations being added for service so that the total compensation to the Contractor shall not exceed One Hundred Forty- three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars per year, unless pre-approved work requiring additional funds is implemented; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to increase the annual agreement amount, due to unanticipated repairs and/or emergency or at various locations, by Two Hundred Fi fty Thousand and 00/100 ($2 5 0,000.00) Dol lars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars to Three Hundred Ninety-three Thousand, Seven Hundred Seventy-five and 00/100($393,775.00) Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment to include Pigeon Key as an additional Middle Keys' location in the current contract, and to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and 1 V_ C14 C14 WHEREAS, the parties desire to amend the Original Agreement, as amended, to provide for an annual CPI-U increase of 3.4% pursuant to the Agreement and to renew the terrn for an additional one-year period; 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 enter into this Sixth Amendment to the Original Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1, In accordance with Paragraph 6 raft Original Agreement,the County exercises the option to amend the Agreement and the amount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer is Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 3.4% with an effective date of November 1, 2024. 2. In accordance with Paragraph 6 of the Original Agreement,the County exercises the option to renew the agreement for the third of(4) four optional (1) one-year periods. This renewal shall commence on November 1, 2024, and ends upon October 31, 2025, unless terminated earlier under another paragraph of this Agreement, 3. In accordance with Paragraph 5 D. of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the amended unit prices set forth below as follows: Labor Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $206.20 per hour, mechanic S309.31 per hour, mechanic plus helper S 103.11 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $309.31 per hour, mechanic $463.96 per hour, mechanic plus helper $154.66 per hour, mechanic helper working alone or additional helper Parts Cost Plus: N N N Fifteen percent (15%) of mark up onmanufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such casts must be documented for each repair and/or maintenance joband included with all Applications for Payment. For invoicing purposes, the hours should be calculated in fifteen(15) minute increments. The following buildings will require: One(1),( )Five( -Year Inspection s (completed cl t ... within t ( )months of contract commencement), ( test of the Fire Pump, One (1) Semi-AnnualQuarterly sprinkler system inspections and testing per the latestedition 2 : Monroe County Detention Center 5501 College Road cost/yr. Key West, FL. 33040 ,Q 0 ro itas ction Harvey Government Center 1200 Truman Avenue 2J!7 .85 cast/ Key West, FL 33040 J1 (J�yr, inspection Lester Building 530 Whitehead Street $ 12 7.75 c st/yj Key West, FL, 33040 1, 1 J 000.00 5 yr, ins ction —pp-- Monroe County Courthouse502 Whitehead Street J 1 207.75 costly . Annex/OldJail Key West, FL, 33040 (TESTING SCHEDULED RO D COURT HEARINGS) S-I.QQQ.00 5 yr. inspection Marathon Government Annex 490 63gd Street, Ocean S_j 0 1� _5 rast/V Marathon, Fl, 33050 ' 00.00 5 ;li. inspe.ction Marathon Jail 3981 Ocean"Terrace 1 .... .. t/r,. Marathon, L, 33050 S)0.00 y�_,_inspection M N N Pigeon Key 1090 Overseas High-way 22,313.72 cost/ Marathon, FL 33050 15° n inns ctiusn� Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway k Tavernier, T°l., 33070 N/A 5 r. irnsn �-tie%n The following buildings will require: One ), Five(5) Year Inspectionlets within three (3) months of contract commencement), Inspection, Inspection, and Two (2) Quarterly e sprinkler system inspections esting per the latestedition MonroeCounty Historic Courthouse 500 Whit h d Street .�207.7. st/ r Key West, F1, 33040 , 1 000.00 5 r .inns eg do n. Monroe County Sheriff 5525 College Ord 2°062,01 ost/ r. Administration Bldg, fey West, FL 3 040 ...........j.,M,. 0 5 , inspection Dept. of Juvenile Justice Building 5 503 College Road 1 944a 19 a�r� Key West, Fl, 33040 1 000400 5 , ins tion u e is r of Elections Office 52 0 College Ruud ......C�.�_ .f� cnstJ . f/k/a 1 ayshore Mannar Key West, FL 33040 500,00 . inspection Freeman Justice Center 02 Fleming Street 2,062.01 cost/ r, y West : 1., 33040 , 1 000,00 5 , inns tiunn Murray y Nelson Government Center 102050 Overseas Highway 1°001,55 cost/yr. Key Largo, Fl. 33037 1,000.00 5 r, inns tionn 4 Iq C14 C14 Monroe County Fire Station No. 17 10 Conch Avenue L�k�60 cost/yr. Conch Key, FL 33050 L500.00 — .5 Kr. inspection Monroe County Fire Station No. 13 390 Key Deer Blvd. LAL5�.60 _cost/�r. Big Pine Key, FL 33043 L500.00 -- 5-n. inspection Monroe County Fire Station No. 8 6180land Avenue J-615.60 cast/ Stock Island, FL 33040 j-5Q0,00-- 5 ff. inspection Joe London Fire Training Academy 56633 Overseas Highway l6IL60 --cost/yr. Crawl Key, FL L100.00 -- 5 jr. inns tion Bernstein. Park 6751 5 1h Stm 1-115.60--cost/yr. Stock Island, FL 33040 J_120.00 5Z. inspection Monroe County Fire Station No, I I(new) 22352 Overseas Highway L�k�60 cost/ r. Cudjoe Key, FL 33042 L-590.00_5yr, inspection Marathon Library (new) 3490 Overseas Highway j_§jj.60 cost/W. Marathon, FL 33050 j_500.00 5yr. inspection WIZE,N PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FA CILITIES, PRIMARILL THE CO UR THOUSES,IT MA Y BE NE ES 'A Y TO SCHEDULE INSPECTIONS EIS`ORE OF A FTER NORMA L SINE SS 110 UR& All other provisions of Paragraph 5. D. of the Original Agreement, as amended,remain the same. 4. Except as set forth in Paragraphs I through 3 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. 5, N N WITNESSIN WHEREOF, the parties hereto have set their hands and seals the day and year first above written, (SEAL) BOARD OF COUNTY COMMISSIONERS Attest; KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA A y B As Deputy ClerkMayor Date:, Witnesses or CONTRACTOR: CONT' ,CTOR: GAR;11-11-1-11 711111-1-11-1--, U AND FIRE, INC. . �' Si nature of person authorized to Si legally bird CONTRACTOR kgq .„ Date Print Name Print Na la, r d TTitle Address: w a ... Mm A C 914, ------------- ate print Zalme Telephone Number Date OAST . PAM GA FAR M' ASWITAN�Y, 1 a . . GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: July 29, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: July 17, 2024 BOCC Meeting The following item has been executed and added to the record: C23 5th Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to add Pigeon Key as an additional Marathon location and to update and/or add current revisions pursuant to County ordinances and/or State and Federal required contract provisions. Funding is Ad Valorem and Fines and Forfeitures. 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 226 1 0 FIFTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Fifth Amendment to Agreement is made and entered into this 17th day of July 2024, between MONROE COUNTY,FLORIDA("COUNTY"), a political subdivision oft e State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2"d Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreement"); and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment to the Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00) Dollars, from Seventy Thousand and 00/100($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Original Agreement to provide for an annual CPI-U increase of 7%pursuant to the Agreement and to renew the to for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment tothe Original Agreement to provide for an annual CP1-U increase of 6.5% pursuant tot Agreement, to renew the to for an additional one-year period,to include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the old Plantation Key Jail location, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00)Dollars due to budgeted CPl-U increases and additional locations being added for service, WHEREAS, the Original Agreement, as amended in the Third Amendment, provides in Paragraph 5.E. that the total compensation tothe Contractor shall not exceed One Hundred Forty- three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars per year, unless pre-approved or requiring additional fiinds is implemented; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to increase the annual agreement amount, due to unanticipated repairs and/or emergency work at various locations,by Two Hundred Fifty Thousand and 00/100($250,000.00) Dollars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars to Three Hundred Ninety-three Thousand, Seven Hundred Seventy-five and 00/100($393,775,00) Dollars; and 227 WHEREAS, the parties find it would be mutually beneficial to include Pigeon Key as an additional Middle Keys' location in the current contract, and to update and/or add current revisions pursuant to its ordinances and/or Federal required contract provisions; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement; and WHEREAS, the parties find it would be mutually beneficial to enter into this Fifth Amendment to the Original Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I In accordance with Paragraph 5. D. of the Original Agreement, the cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth below as follows, including the new Pigeon Key location: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $199.42 per hour, mechanic $299.14 per our, mechanic plus helper $99.72 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $299.14 per hour, mechanic $448.70 per hour, mechanic plus helper $149.57 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteen percent (15%) 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. For invoicing purposes, the hours should be calculated in fifteen (15)minute increments. 2 228 The following buildings will require: One (1), (5) Five (5) Year Inspection Test (to be completed within three (3) months of contract commencement), One (1) Annual Inspection and flow test of the Fire Pump, One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: ....... .......... .......................... ............."I-1-1-1-1........... Monroe County Detention Center 5501 College Road 1, _.3 46.56 cost/ r. Key West, FL 33040 3000.00 5 r. ins �ection_y� Harvey Government Center 1200 Trurnan Avenue LZJ�Q .�17 cost/ �r. Key West, F.I., 33040 1,000.00— 5 r. ins notion X-- — Lester Building 530 Whitehead Street 1.L68.04--cost/yr- Key West, FL 33040 �ection-y ins� Monroe ty Courthouse 502 Whitehead Street .04�c os t�/ r. Annex/Old Jail Key West, FL 33040 (TESTING SCHEDULED.AROUND COURT HEARINGS) I_1 QQQ.00_5yr. inspection Marathon Government Annex 490 63d Street, Ocean I.........2�1..0......................... Marathon, Fl.., 33050 500.00 --5jr inspection Marathon Jail 3981 Ocean Terrace Marathon, Fl.. 33050 152Q-00 .. 5 yr. inspection Pi, eon 1090 Overseas Highway a 21 ,5. 80.00—cost/yr. Marathon, FL 33050 �5r. in�sectjon------------ Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway 1 121. m� Tavernier, FL 33070 Ifs/.A 5 vr. ins ticsn 3 229 The following buildings will require: One (1), Five(5) Year Inspeefion Test(to be completed within three(3) months of contract commencement), One(1) Annual Inspection, One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of.NFPA 25: ................. Monroe County Historic Courthouse 500 Whitehead Street j_jjkL04 cost/yr. .Key West, FL 33040 5 y .�-ins e�ction Monroe County Sheriff 5525 College Road I...........1.291.21..............g2afil r. Administration Bldg. Key West, FL 33040 .a_j&QL00_ 5yr. inspection Dept. of Juvenile Justice Building 5503 College Road I.......... Key West, FL 33040 I-LQQQ.00— 5jr. inspection Bayshore Manor 5200 College Road L598.2§ ost/yr. Key West, FL 33040 L500°00 —_ 5 yr. inspection Freeman Justice C enter 302 Fleming Street 'L9 .Key West, FL 33040 5 jr.---inspection Murray Nelson Gore .anent Center 1020500verseas .Highway 1-968.62--cost/yr. Key Largo, FL 33037 !.�00�.00 �5r. jn�section Monroe County Fire Station No. 17 10 Conch Avenue 1 598.26 cost/yr. Conch Key, FL 33050 .......500.00 5vr. ingnection .. Monroe County Fire Station No. .13 390 Key Deer Blvd. 598.26 --cost/yr- Big Pine Key, FL 33043 500.00 .5 yr. irisnection 4 230 Monroe County Fire Station No 8 6180 2'd Avenue J-5�26 c�qst/ r� Stock Island, FL 33040 500.00 5 yr. ins----"- Ire London Fire Training Academy 56633 Overseas Highway J_59L26 cost/yr- Crawl Key, FL 1_590.00 _ 5 yr. inspection Bernstein Park 6751 5h St. -$--52L26 cost/w. Stock Island, FL 33040 1_52Q.00 5 yr. inspection Monroe County Fire Station No. I Knew) 22352 Overseas Highway 1-52L26 cost/yr. Cudjoe Key, FL 33042 5ffl.00__5 yr. iris ection. — Marathon Library (new) 3490 Overseas Highway $-52L26—cost/yr. Marathon, FL 33050 500,00 �5 r.�ms e�ction WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FA CILITIES, PRIMARIL Y THECO UR THO ASS ES,IT MA Y BE NECESSAR Y TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL B I)SINESS HOURS. All other provisions of Paragraph 5. D. of the Original Agreement,as amended, remain the same. 2. Paragraph 9, RIGHT TO AUDrl,',oft e Original Agreement, as amended is hereby amended by deleting this paragraph in its entirety and replacing it with the following paragraph: 9. 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; ,my other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred 5 231 I to as "County Clerk")to substantiate charges related to this agreement, and all other agreements, sources of inforination and matters that may in County'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 County's representative and/or agents or the County Clerk. County 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 of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by Monroe County or County Clerk detertnines 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, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 3, Paragraph 14, NONDISCRIMINATIQN&QEAL_EMELQXAIM OPPORTITLITY, of the Original Agreement, as amended, is hereby amended by deleting the first paragraph only in its entirety and replacing it with the following: 14. NONDISCRIMINATION OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any furlher action of the part of any party, effective the date of the court order. Contractor or County agrees to comply with all Federal and Florida statutes, and all local 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,or national origin; 2)Title IX of the Education Amendment of 1972,as amended(20 USC ss. 1681-1683,and 1685-1686),which prohibits 6 232 discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 US C s. 794), which prohibits discrimination on 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 (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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of Civil Rights Act of 1968 (42 US C s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with Disabilities Act of 1990(42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of 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. All other provisions of Paragraph 14, as amended, remain the same. 4. Paragraph 21. F., TERMINATION., of the Original Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 2 1, TERMINATION 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 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.1325(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 7 233 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 21, as amended, remain the same. 5® Paragraph 26, ADJUDICATION OF DISPUTES OR DISAGREEMENTS, of the Original Agreement, as amended, is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 26. 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 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 teat e satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraphs 15 or 27 conceming termination or cancellation. 6, Paragraph 38, PUBLIC ENTITY CRIME STATEMENT, of the Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 38. PUBLIC ENTITY CRIME 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, proposals, or replies 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." 8 234 7. Paragraph 44..1, Davis-Bacon Act- of the Original Agreement, as amended, is hereby amended only to add the current Davis Bacon Wage Statement, if applicable and attached hereto as Exhibit 11C—Revised" with that change reflected in the first paragraph of Paragraph 44.1. All other pro-visions of Paragraph 44.1 remain the same. 8. Paragraph 44.7, teriais as set forth in 2 C.F.R. 4200.322s of the Original Agreement, as amended is hereby amended to correct the citation reference only in the paragraph title to 2 C.F.L.R. §200.323. All other provisions of Paragraph 443 remain the same, 9. Paragraph 45, UNCONTROLLABLE CIRCUMSTANCE of the Original Agreement, as amended, is hereby deleted in its entirety and replaced with the following paragraph: 45 UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under 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 negligence and that by its nature could omit 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 oft e 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 geographic area of the Project; (each, a "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent 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 riot pay additional cost as a result of an Uncontrollable Circumstance, The Contractor may only seek a no cost Change Order or Amendment for such reasonable time a as the Owner's Representative may determine. 10. Tbe Original Agreement, as amended, is ftuther aniended to add the following paragraph as Paragraph 44-21, 1.nergy_ Efficienel, and incorporate it into the Agreement as follows: 9 235 4411 hgjrgj_ If applicable, 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. IL The Original Agreement, as amended, is further amended to add the following paragraph as Paragraph 47, COMMON CARRIER RESPONSIBILITIES.,and incorporate it into the Agreement: 47. COMMON CARRIER RESPONSIBILITIES If Contractor is a common carrier, as defined by Section 908.111, Florida Statutes, then Contractor hereby may not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. 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 associated with that proceeding. This provision shall survive any termination or expiration of the contract. 12. Except as set forth in Paragraphs I through 11 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 INTENTIONALLYLEFT BLANK] J[SIGNATURE PAGE TOFOLLOW] 10 236 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS r Attege KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA i By, -�.�---- As D putt'Clerk Mayor Date; Witnesses for CONTRACTOR: CONTRACTOR: GARY'S P' MBING AND FIRE, INC. By: Signature Lf perso authorized to Sign; legally bind CONTRACTOR If C PAl Dai Print Name Print Nan e and Title Address:::t+'. D. ... gna = llinc -C 3 Date Print Name Telephone Number DateCD c) o,As 000cs; s __x PATRICIA EAMES 6 ASSt9_TAT ?1Ai"itlFiNEY t MATE; lrt�Uu ;j 237 EXHIBIT GG 9 Davis-Bacon tStatement . 238 30024,C228 IPM FSA,M gov "General Decision Number� FL20240022 03115/2WZ4 Superseded General Decision Number. FL20230022 State: Florida Construction Type: Building County, Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not. include single family homes or apartments up to and including 4 stories). Note: Contracts subject to the Davis,Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658, Please note that these Executive orders apply to covered contracts entered into by the federal government that are subject to the Davis,,Bacon Act itself, but do not apply to contracts subject only to the Davis,Bacon Related Acts, including those set forth at 29 CFR 11f the contract Is entered pP Executive Order 1 ii linto on or after lanuary 30, p generally applies to the 12022, or the contract is p contract, ,renewed or extended (e.g., an p. The contractor must pay ,option Is exercised) out or p all covered workers at lafter :1anuary 30, 2022: p least $17-20 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024. lif the contract was awarded oni. Executive Order 13658 lor between lanuary 2, 7015 andl generally applies to the 13anuary 29, 2022, and the p can-tract. [contract is not renewed or j. The contractor must pay ally lextended on or after January j covered workers at least 130, 2022: 1 $12.90 Per hour, (or the applicable wage rate listedl on this wage determinationA if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimun wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work out the contract does not appear, on this wage determination, the contractor must still submit a conformance request. Additional information on contractor- requirements and worker protections under the Executive Orders is available at http //www.dol.gov/whd/goveontracts. Modification Number, Publication Date 0 01/05/2024 .1 W12/2024 hfips 11sarti gwMage-daterryronalion8FL20240022r2 1 dl2 13 239 QBQ4.'U 2'28 PM SAM.gov 2 03/15/2024 EILECO'.449— 3 09/431/2023 (Rates Fringes (Rates, Fringes OPERATOR; Crane All. Cranes '75 1ons and below..........................S 37.07 14..90 All Cranes Over 300 Tammy Electric Tower, Luffing IEN sm .......$ 40.40 1,4.90 Cranes 1.30 :3 39.:343 :14.90 Cranes '76 ton to 129 'Tan.... 37.,57 14.90 IRON0272-004 . ...ie/01/2023 (Rates (Fir:noes IRONWORKER, STRUCTURAL AND IRIEINVIFORC:14G..,.....„........ 27,75 15.27 PAaIA0365- 06e+^01/2021, Rates Fringes PAINTER: Brush Only.............. 20.21 12.38 " SFELOS21 001 01/01/2024 Rates Fringes SPRINKLER FITTER (Fire �areRimlk:d ire...................... 32.03 2:3.01 SHElEe032 003 08/12/202:3 ((Rapes Fringes SVUEIF'TME'TM., WORKER (HVAC Duct Installation)n).......................$ 29.'1.0 14.68 -------..------.__ ..._..._............_......... ... ........ �o SUFt.2.009 059 05/22/204.Di) Rates (Fringes CA,IRIPENU'NEtlR... ........ ....... ........ 15,08 00 5..07 CEMEUN'4' PWLSOHICUD4d¢'.:NRIETE FIHISHER... '12.45 *" 8.00 IFEVKE ERER:,'MR........................... M 0..00 4.A4'O RIE R„ C:¢aww monn or General. 6..62 O..43N3 LABORER 2 U7:1pe.laayer .......—.,—$ 1.0.49 NDu>EURA'4'4D4k: 43 nr.:Rcpvx,src^/IC::a a:av xlaua^...,,. 1 O..ee iDP ERA FM Paver (Asphalt, h0pr,fesimm govewage UiiUrrmtlrngxitiaraud'El.2PY7�tln;IFV�';hi;�` Ad^G 240 Aggregate, and Concrete).........$ 9.58 w'a 9.00 oPERA'FOR- Pump .............$ 11.69 900 PAINTER. Roller and Sprray... ...$ 11.22 0.00 PL PER..........................$ 12.27 3.33 ROOFER: Built Up, Composition, Riot 'Par and Single Ply.......................S 14,33 *'° 9,00 SHEET METAL WORKER, Excludes HVAC Duct Installation...........¢ 24,41 TRUCK DRIVER, Includes Dump and 10 Yard Haul Awa,y............$ 8.00 0.15 WELDERS Receive rate prescribed for, craft prerfor'eming operation to which welding is incidental, — Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage determination for moose information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the stakes of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive order (Eo) 13706, Establishing Paid Sick Leave for, Federal Contractors applies to all contracts sub,ject. to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. if this contract is covered by the Ecr, the contractor must provide employees with 1 hour of Paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees mast be permitted to use paid sick leave for 'their own illness, injury or other health related needs, including preventive care; to assist a Family member (or person who is like .family to the employee) who is ill, injured, or has other health-related needs, Including preventive cared or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the Eo is available at https://www.dol.gov/agencies/whd/governmeott contracts. unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided In the labor standards contract clauses (29CFR 5.5 (a) (1) (111)).. the body of each wage determination :lists the classification .and wage rates that have been found to be prevailing For the cited type(s) of construction in the .area covered by the wage determination. The classifications are :listed :in alphabet:ica:1 httGrs,D±asrn. /sae•�m••s9mkmrrv5irvmk¢mmdF�;v24Y240.'4p1:4'2Ck C�p�'�.'t 241 WW4,12-28 IRM SAM order of "'identifiers","° that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""LOAM" denotes that the union classification and rate were prevailing for that classification in the survey. Example; PLUM0198 005 07/03/2034. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers,, 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198, The next number, 005 in the example, is an internal number used in processing the wage determination. 07�01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (COA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "'SU"' identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may Include both union and non-union rates. Example: SULA2012.007 5/13/2014. SU Indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 In the example, is an Internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG Identifier indicate that no single majority rate prevailed for those classifications; however, IOUX of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 00/29/2014. UAVG indicates that the rate Is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2e24 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. kn&ki i N&MOr VWOO�p nk'A"ven'"'AMPf"IF11 2102CK12"V2 4A 16 242 M26f2k 12 26 PM SAMoov WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: • an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conFormance (additional classification avid rate) ruling On survey related matters, Initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. if the response from this initial contact Is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question In 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a Full statement of the interested party's position and by any inFormation (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the Issue. 3.) if the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review and U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review and are final. END OF GENERAL DECISION- 5,P5 '17 243 ADDITIONAL COUNTY FORMS 244 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 i� m ofthae city ofrvm m,, mrvrvmmmmmmrvrvry according to law on my oath, andunder enalty of penury, depose and say that: „ a° I am PArs of the firmof .., � i, ("Entity"), the bidder makin the Pr ;posal for hie"rojdescribed in the Request for Proposals for ., and that I executed the said proposal with full authaori y to do so; b. The Entity is not owned by-the government of a foreign country of concern as defined in Section 2 7- 3 , Florida Statutes. (Source: §2 7°13 (2)(a), Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 2 7.13 (2)(b), Florida Statutes); d. Entity is not owned or controlled by the government of a foreign country of concern, as defined in Section 692.201, Florida Statutes. (Source: §26 .0 7(2), Florida Statutes); e. Entity is not a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country of concern,as defined in Section 692.201, Florida Statutes,or a subsidiary of such entity. (Source: §2 8.007(2), Florida Statutes), f. Entity is not a foreign principal,as defined in Section 692.201, Florida Statutes. (Source: § 62.202(5)(a)(1), Florida Statutes)® . Entity is in compliance with all applicable requirements of Sections 692.202,692.203,and 692.204, Florida Statutes. hb. (Only applicable if purchasing real property) Entity is not a foreign principal prohibited from purchasing the subject real property. Entity is either (a) riot a person or entity described in Section 692.204(1)(a), Florida Statutes, or ( ) authorized kinder Section 6 2.204(2),Florida Statutes,-to purchase the subject property.Entity is in comphanc with the requirements of Section 692.204, Florida Statutes. (Source: §§ 692. 03(6)(a), 69 . 04(6)(a), Florida Statutes) L The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relles upon than truth of the statements contained in'this affidavit in awarding contracts for said project. ...� __A .°°°°, � .mn.. (Signature) r Date: STATE OF- P Ri ,,,. mnnnnnnnn,�,mmmmmrrrr M.�nnnnn„�„�„�,�,rr.�mmmmmm»�,�„ COUNTY OF: Mo A , Su re me,by means of " physical presence or El online neat�ruzaticn o sworn to (car 6firked ...before (date) by .` (name of affiant). She is personally known to me or has produced tifiati s identification. (type of id ........._j ��r®e OC TIFFANYk IFOLK 1T Y P LI ° � � 7 y Corr mission Expires Expires June 23,2028 19 245 COMMON CARRIER RESPONSIBILITIES AFFIDAVIT F.S. 908.111 n.,...,, . �� .,u Z= ,,, re_...,,..._ �... «,.� of e of M...� ." ,m,,. ......... according' tea n1awor, oath and under penalty f perjury, depose and say th° If Contractor is a common carrier,as defined by Section 90 .111, Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention,removal, or departure of the person from this state or the United States. (Si at se) Printed Warne Date: „ ........, � .......... STATE OF: CO U "I"Y OR , Subscribed and sworn to or affirmed) before me by means of : hysi, l presence air 0 online notarization, on date b� Warne of w ant) '� /She is personally noon to me or has...produ- � �,�( p d (type of identification) as identification. %J „ .... � , Exp�res June 2 ,2028 y Commission Expires. 0 246 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LAPOR OR SERVICES Entity/Vendor Vendor 1 m Vendor's Authorized Representative: � (Name and Title) Address: ,,,,.� �,,,m .,City: „mmmr, ; „ ,mm,. mrm t te: . ... M.� ..mm........ n,�m, i ��, ,.,,,.,,,,r.,M Phone a er, Email Address: ,a„ nnn As a nongovernmental eil tityr executing,, renewing, or extending a contract with a government entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 77. 6, Florida. Statutes. As defined in Section 77e 6(2)(a.), coercion err : l.. Ting or threa.ting to use physical force against any person; 2® Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or hiswill; 5. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the cleft, the length and nature oft e labor or service are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; . Causing or threating to cause financial harm to any person; 6. Enticing or luring any person by fraud ordeceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule I of Section 893.03 to any person for the purpose of exploitation of that arson. As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06. Additionally, Vendor has reviewed Section. 7 7. 6, Florida Statutes, .and agrees to abide by same. Certified yr: , who i authorized to sign on eh- f of the above referenced company. Authorized i rrattxre ...................................... m Print Nar Title.... 21 247 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 INSURER A: p Y P y INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: p y Key West, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 000 000 X EXCESS LAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under AP 1S�C T DESCRIPTION OF OPERATIONS below i( I E.L.DISEASE-POLICY LIMIT $1,000,000 BY_. � AI' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reservPH- ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 248 #S2016777/M1993732 TKM21 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: May 22, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: May 15, 2024 BOCC Meeting The following item has been executed and added to the record: C4 4th Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to increase the annual agreement amount by $250,000.00, to an annual total of$393,775.00. Funding is Ad Valorem and Fines and Forfeitures. 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 249 FOURTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Fourth Amendment to Agreement is made and entered into this 15th day of May 2024, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision oft e State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Floridafor Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2 d Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 202 1, enter into an Agreement for Full Maintenance Fire Protection Systems (hereinafter"Original Agreement"); and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment tot Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00)Dollars, from Seventy Thousand and 00/100($70,000-00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment tothe Original Agreement to provide for an annual CPl-U increase of 7%pursuant to the Agreement and to renew the to for an additional one-year period; and WHEREAS, on November 8, 2023, the BOCC approved a Third Amendment to the Original Agreement to provide for an annual CFI-U increase of 6.5% pursuant tothe Agreement, to renew the to for an additional one-year period,to include the new Plantation Key Courthouse and Detention Center as an additional per Keys' location and delete the of Plantation Key Jail location, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation, and increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00)Dollars due to budgeted CPl-U increases and additional locations being added for service. WHEREAS, the Original Agreement, as amended in the it Amendment, provides in Paragraph 5.E, that the total compensation tote Contractor shall not exceed One Hundred Forty- three Thousand, Seven Hundred Seventy-five and 00/100 ($143,775.00) Dollars per year, unless pre-approved work requiring additional funds is implemented; and WHEREAS, there has been unanticipated repairs and/or emergency work at various locations, exhausting teannual agreement amount for this year with four (4) remaining months; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Two Hundred Fifty Thousand and 00/100 ($250,000.00) Dollars, from One Hundred Forty-three Thousand, Seven Hundred Seventy-five and 00/100($143,775.00)Dollars to 250 Three Hundred Ninety-three Thousand, Seven Hundred Seventy-five and 00/100 ($393,775.00) Dollars; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the Original Agreement;and WHEREAS, the parties find it would be mutually beneficial to enter into this Fourth Amendment tote Original Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I In accordance with Paragraph 5. E of the Original Agreement as amended, total compensation tote Contractor under the Original Agreement, as amended, shall be increased and shall not exceed Three Hundred Ninety- three Thousand, Seven Hundred Seventy-five and 00/100 ($393,775.00) Dollars per year, unless pre-approved or requiring additional funds is implemented. 2® Except as set forth in Paragraph I oft is 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 PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 251 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. - ',- (SEAL) �' •. BOARD OF COUNTY Ct3MMISSIONERS Attest s VIN MADOK, CLERIC O MONROE COUNTY,FLORIDA gar - By: /A,— By*; As D uty Cterk Mayor. Date:: 15 2 02.E Witnesses for.CONTRACTOR. CONTRACTOR: GARY'S PLUMBING AND FIRE,INC. By— Signatur of perso authorized to ature legally bind CONTRACTOR I,Aa Ae sidm Date P 'nt Name PrintNain and Title Address: Signature Date Print blame Telephone Number Date t .r -^G CD MONROE COUNTY ATTORNEYS OFFICE CM D^S TO .� PA'MICIAIvABLES ASS TAN4FL�; �y p,7 10)AWE 1M± 252 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 INSURER A: p Y P y INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: p y Key West, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 000 000 X EXCESS LAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under AP 1S�C T DESCRIPTION OF OPERATIONS below i( I E.L.DISEASE-POLICY LIMIT $1,000,000 BY_. � AI' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reservPH- ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 253 #S2016777/M1993732 TKM21 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: December 4, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: November 8, 2023 BOCC Meeting The following item has been executed and added to the record: F 14 3rd Amendment to Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities to increase the contract amount by the CPI-U of 6.5%, renew the Agreement for the second of four(4) optional one-year renewals, add and delete locations, and to add and/or update provisions to allow for the option of requesting, from the Contractor only, a proposal/quote for replacement equipment and associated installation in accordance with the current Monroe County Purchasing Policy. 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 254 THIRD AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This it Amendment to Agreement is made and entered into this 8th day of November 2023, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street,Key West, Florida 33040,and GARY'S PLUMBING AND FIRE, INC.,a Floridafor Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2nd Terrace, it 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance it Protection Systems (hereinafter "Original Agreement"); and WHEREAS, on April 20, 2022, the Board of County Commissioners ("BOCC") approved a First Amendment to the Original Agreement to increase the annual agreement amount by Sixty- five Thousand and 00/100($65,000.00) Dollars,from Seventy Thousand and 00/100($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($13,5,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Original Agreement to provide for an annual CPl-U increase of 7% pursuant to the Agreement and to renew the term for an additional one-year period; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to provide for an annual CPl-U increase of 6.5% pursuant to the Agreement and to renew the term for an additional one-year period; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to incorporate and include the new Plantation Key Courthouse and Detention Center as an additional Upper Keys' location and delete the Upper Keys' Location at the old Plantation Key Jail; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to add and/or update provisions to allow for the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto in accordance with the current Monroe County Purchasing Policy; and WHEREAS, the Original Agreement, as amended in the First Amendment, provides in Paragraph 5.E. that the total compensation to the Contractor shall not exceed One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars per year, unless pre-approved work requiring additional funds is implemented; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Eight Thousand Seven Hundred Seventy-Five and 00/100 ($8,775.00) Dollars due to budgeted CP1-U increases and additional locations in added fors is and 255 the partiesv rl I I Agreement, as amended, to be mutually beneficial and the Contractor agreesconsents ucrevisions in the Original ; n WHEREAS, the ies find it wouldmutually ici I to enterinto this Third Amendment to the Original ; mutualNOW THEREFORE, IN CONSIDERATION of the is covenants set forth L the parties agree as follows: . In accordancei f the Original Agreement, the County exercises i t and the amountII be adjusted in accordancei s to change in the U.S. Department of Commerce Consumer Price Index I- I Urban ConsumersrStatistics December 31 of the previous ®/ with an effectivet v , . 2. In accordancei r Original n exercises i n to renew the agreementfor the second of four (4) optional e- i s. This renewal shall commence retroactive November , 2023, and ends upon October 31, 2024, unless terminated earlier under another paragraph of this Agreement. 3. In accordance withr i i , the cost of labor used by the Contractor to fulfill the obligationf the Contractill be calculated i i prices set forth belows follows— —Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: hour,$199.42 per mechanic hour,$299.14 per mechanic plus helper r hour, mechanic helper working alone or additional r Overtime rate for hours other than the normal working hours as stated above, including holi : r hour, mechanic hour,$448.70 per mechanic plus helper $149.57 per hour, mechanic helper €working I r additional helper Parts t Plus: 2 256 Fifteen percent(15%) of mark up on manufacturer's invoice cost of parts and materials(excluding rei , equipment rental, tax amounts, n services supplied others). Such costst be documentedc air and/or maintenance included ith all Applications for Payment. For invoicing ss, the hours should e calculated in fifteen ) minute increments. The followingbuildings ill require: ............. ...........,,.,, ....... InspectionItwithin three (3) months of contract t), One (1) Annual Inspection and flow test of the Fire , i®Annual Inspection, and Two (2) Quarterly fire sprinkler inspectionsiedition Monroen i 5501 College Roads [ r. West,Key FL 33040 . inspection Harvey y Center 1200 Truman Avenue 2,___°17__---- os__ lyr. Key West, FL 33040 r. inspection Lester Building 530 WhiteheadStreet costly . West,Key FL 33040 yr. inspection Monroe County Courthouse 502 WhiteheadStreet , c s [yr. Annex/OldJail iTESTINGSCHEDULED Key West, FL33 AROUND COURT HEARINGS) 1,000.00 5 yr. inspection Marathon ov rn6 ent Annex 49063ed Street, Ocean 968.62 cosllyr. Marathon, FL 33050 500.00 5 yr. inspection Marathon Jail 39 cean Terrace 968.62 Ccst[y . Marathon, FL 33050 yr, inspection 3 257 Plantation Key Courthouse Detention Center(new) 770 Overseas Highway cosy ® Tavernier, FL 33070 / yr._inspection The following it i ill require: One ), i ) Year Inspection (to be completedwithin three O months contracto ), °i i ) Semi-Annual Inspection, and Two ) Quarterly fireinspections and testing edition of NFPA 25: Monroe County it ric Courthouse 500 WhiteheadStreet 1,168.04 cost/yr . Key West, FL 33040 yre inspection MonroeCounty Sheriff2 College Road1,994.21 costlyr. Administration Bldg. Key West, FL 33040 yrm i s ctio Dept. of Juvenile Justice uil in 5503 College Road 1,880.26 costlyr. Key West, FL 33040 yra inspection Bayshore Manor 5200 College Road .2 __cost yro Key West, FL 33040 55Arjnspection Freeman Justice Center 302 Fleming Street 1,994.21 c s l r. y West, FL 33040 yr. inspection Murrayis n Government Center 102050 Overseas Highway 968.62 coslyrm y Largo, FL 33037 fie 5 yre inspection Monroe County Fire Station No. 17 10 Conch venue Z c s /yrm Conch e , FL 33050 500.00 5 vr. inspection 258 Monroe my Fire Station No. 13 390 Key Deer Blvd. Big Pine Key, FL 33043 yre inspection Monroe County ire Station No 8 61802"d Avenue 598.26 cast r. Stock Island, FL 33040 500.00 5 yr. inspection Joe Londonit Training cademy 56633 Overseas Highway 5 s /yre Crawl Key, FL r. i s ci Bernstein Park 67515111 St. cost/yr. Stock sl n , FL 33040 yre inspection CountyMonroe Fire Station22352 verseas Highway 598.26 c s!&r. Cudjoe Key, FL 33042 y . inspection Marathoni (new) 3490 Overseas Highway 59 L26 c st r. Marathon, FL 33050 r. i s cti PERFORMINGWHEN INSPECTIONS F FACILITIES,PRIMARILYT E COURTHOUSES,IT SS Y TO SCHEDULE INSPEC17ONS BEFORE OF AFTER NORMAL BUSINESS , In accordance with Paragraphthe Original Agreement as amended, total compensation to the Contractor under the Original Agreement, as amended, shall be increased and shall not exceedHundred Thousandv Seventy-five ( , ) Dollars per year, unless pre-approved r requiring iti al funds is implemented. 1., In accordance wit a r the OriginalAgreement, Major Component Failure System Breakdown, is hereby amended to delete Paragraph . F., as set forth in the Original Agreement, and replaceit in its entirety it following paragraph: the eventit r ctia icy System oray of its major components or parts need to be replaced or repaired due to a major component failure, system a , or upgrade, the Countyv 259 the optionrequest from the Contractor only, a proposal/quoter replacement ui r parts and allassociated installation thereto. Approval of such proposals/quotescurrent Purchasing lic . Only after receiving an amendment, if required Purchasing Plic , r a notice r County, shall r proceed it these ii I services s noted herein. Except as set forth in Paragraphs I throughthis Third Amendment to Agreement, in allrespects,the terms and conditionsset forth in the Original Agreement, as amended, remainin full force c . [SIGNATURE PAGE TO FOLLOW] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 260 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. = (� L BOARD OF COUNTY COMMISSIONERS y — r �2rtt `t �+ ADOK,CLERK OF MONROE COUNTY, FLORIDA tyjjjrii Rt By, Deput Clerk Mayor Date: 77— ::Z' Witnesses for CONTRACTOR: CONTRACTOR: ,' ry GARY'S PL BING AND FIRE,INC. By: Signatu of person authorized to Signat legally bind CONTRACTOR i c)/;qL. 'itan Y F0 I ks &5 &W-4 C2A 6U, Date Print Name Print Name and Title Address: Ap ign re FL 330Lt0 14qL*15 305- c9(3 6-(x 0 13 Date Print Nar44 Telephone Number B r v i ^ A Date MONROE COUNTY ATTORNEV'S MICE FIM D�tS TO D Mi PATRICIAMLES ASSISTANT !?4/7ta�ORNEY DATE: 261 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 10/23/2023 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Taylor Markee Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 FAX 239 213-2803 A/C,No,Ext: (A/C,No): 4100 Goodlette Rd N E-MAIL �g ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 Obsidian Specialty Insurance Company 16871 INSURER A: p Y P y INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. INSURER C:Technolo9y Insurance Company 42376 6409 2nd Terrace, Suite 1 The Travelers Insurance Company 36137 INSURER D: p y Key West, FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDLSUBR POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACH OCCURRENCE $2,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $300,000 X BI/PD Ded:5,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO- POLICY X JECT LOC PRODUCTS-COMP/OPAGG $2,000,000 OTHER: $ MBINED D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 (CEO, identS INGLE LIMIT 1r 000r 000 acc X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 000 000 X EXCESS LAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under AP 1S�C T DESCRIPTION OF OPERATIONS below i( I E.L.DISEASE-POLICY LIMIT $1,000,000 BY_. � AI' DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board Of County Commissioners are included as Additional Insured in regards to General Liability, only as required by written contract, including ongoing operations, per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313. Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe Count Board Of Count SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reservPH- ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 262 #S2016777/M1993732 TKM21 , Clerk of the Circuit Court& Comptroller— Monroe County, Florida Kevin Madok cpA DATE: October 6, 2022 TO: Alice Steryou Contract Nlonitoi- FROM: Paniela G. I laiico�Awlc. SLTIUECT: Scl)tciiil)ei- 21" 110CC Meeting Attaclie(I ai-e electronic copies oftlic following items for tour haii(Iling: C15 Agri-cement mtli'l'owei- Pest Control, Inc., for IA)%%,cr Keys Pest Control Smicesat Counts' facilities witli an annual aniount not to cxcee(I $29,000.00. Funding is ad valorem. C21, 211(1 Amendment to Agi-eeniciit witli (;ar),'s Plumbing and Fire, Inc., for Full Mal'ntenaiice Fii-c Protection Scnices at County facilities to increase die contract aniount by the CP1-U ol'7% and rciie%%, the Agreement for the first of lour optional one-year renewals. Funding is act valorem. Slioul(I you liavc aiiy questions please feel free to contact iiie at (305)) 292-135)50. cc: County Attorney Flualice 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 263 SECOND AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Second Amendment to Agreement is made and entered into this 21st day of September, 2022, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC.,a Floridafor Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2"d Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Services(hereinafter"Original Agreement");and WHEREAS, on April 20, 2022, the BOCC approved a First Amendment tote Original Agreement to increase the annual agreement amount by Sixty-five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100($135,000.00) Dollars; and WHEREAS,the parties desire to amend the Original Agreement to provide for an annual CPI-U increase of 7% pursuant tot Agreement and torn the term for an additional one- year period; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find it of be mutually beneficial to enter into this Second Amendment tote Original Agreement; and NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 6 of the Original Agreement, the County exercises the option to amend the Agreement and teamount shall be adjusted in accordance annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPl-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 7%with an effective date of November 1, 2022. 2. In accordance with Paragraph 6 of the Original Agreement, the County exercises the option to renew teagreement forte first of (4) four optional (1) one-year periods.This renewal shall commence on November 1, 2022,and ends upon October 31, 2023, unless terminated earlier under another paragraph of this Agreement. 1 264 3. In accordance with Paragraph 5 D of the Original Agreement, the cost of or used by the Contractor to fulfill the obligation of the Contract will be calculated using the amended unit prices set forth below as follows: Labor—Normal working hours of 8:00 a.m.to 5:00 p.m., Monday through Friday, excluding holidays: $187.25 per hour, mechanic $280.88 per hour, mechanic plus helper $93.63 per our, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $280.88 per our, mechanic $421.31 per hour, mechanic plus helper $140.44 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteen percent(15%)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. For invoicing purposes, the hours should be calculated in fifteen (15) minute increments. The following buildings will require: .......... One (1), (5) Five (5) Year Inspection Test (to be completed within three (3) months of contract commencement), One (1)Annual Inspection and flow test of the Fire Pump, One (1) ® Inspection, and Two (2) Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: -1-1111111111-................. ......................................................--------------------..................... Monroe County Detention Center 5501 College Road iiazL.0-0---CO—S-t&—r. Key West, Fl.33040 3,000.00 5 yr. inspection Harvey Government Center 1200 Truman Avenue $ 1,979.50 cast/yr. Key West, FL 33040 $ 1,000-00 5 yr. inspection 2 265 Lester Building 530 Whitehead Street 1,096.75 -costj r. y Key West, FL 33040 $ 1,000.00 5 yr. inspection Monroe County Courthouse 502 Whitehead Street $ 1,096.75 cos!Lyr. Annex/Old Jail{TESTING SCHEDULED Key West, FL 33040 AROUND COURT HEARINGS) 1,000-00 5 yr. inspection Marathon Government Annex 490 63"1 Street,Ocean S 909.50 costLyr. Marathon, FL 33050 r.�ms e�ction Marathon Jail 3981 Ocean Terrace $ 909-50 costJyr. Marathon, FL 33050 $500-00 Syr.inspection The following buildings will require: One(1), Five(5)Year Inspection Test(to be completed within three (3) months of contract commencement), One (1)Annual Inspection, One(1)Semi-Annual Inspection, and Two(2)Quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25: .. ....................................................................... ........................... ............................... Monroe County Historic Courthouse 500 Whitehead Street 7�5c o s�tr., Key West,FL 33040 $ 1,000.00 5 yr.insgection Monroe County Sheriff 5525 College Road Administration Bldg. Key West, FL 33040 $ 1,000.00 5 yr.inspection Dept. of Juvenile Justice Building 5503 College Road $�65�.50 cost/yr. Key West, FL 33040 L1Q2g.00_ 51r.inspection Bayshore Manor 5200 College Road 1.5�35 _cost�r. Key West, FL 33040 500.00 5 yr.inspection 3 266 Freeman Justice Center 302 Fleming Street Key West, FL 33040 1,000.00 5 yr. inspection Murray Nelson Government Center 102050 Overseas Highway J_IQ2.50 _ cost&r. Key Largo, FL 33037 1,000.00 Syr,inspection Monroe County Fire Station No. 17 10 Conch Avenue J.�.75_cos�tr. Conch Key, FIL 33050 $ 500.00 5 yr.inspection Monroe County Fire Station No. 13 390 Key Deer Blvd. $ 561.75 cost&r. Big Pine Key, FL 33043 $ 500.00 5 Mr.inspection Monroe County Fire Station No 8 6180 2nd Av. 561.75 costlyr. Stock Island, FL 33040 $ 500.00 _jyL. inspection Joe London Fire Training Academy 56633 Overseas Highway S 561.75 costly . Crawl Key,FL � 500.00 5 yr. Bernstein Park 6751511 St. 5 )1.75 costjy r. Stock Island, FL 33040 $ 500,00.................5,yr.,ins pection Monroe County Fire Station No. 11(new) 22352 Overseas Highway $ 561.75 cost/yr. Cudjoe Key, FL 33042 $ 500.00 5 yr.inspection Marathon Library(new) 3490 Overseas Highway Marathon, FL 33050 � 500-00 5 yr.-inspection WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT MAYBE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OFAFTER NORMAL BUSINESS HOURS. 4 267 a Except as set forth in Paragraphs 1,2®and 3 of this Second Amendment to Agreement,in 0 other respects,the terms and conditions set forth in the Original Agreement,as amended,remain in full force and effect" �"ITNESS WHEREOF,the parties hereto have set their hands and seals the day and year "a^K� r t y Itten° BOARD OF COUNTY COMMISSIONERS t st ADOK, CLERK OF MONROE COUNTY, FLORIDA By: ,,,,,_ Y° As Deputy Cleric Mayor Date: �14. , „ d .. Witnesses for CONTRACTOR: CONT CTO A Y° LUMBI AND FIRE, I By: Signatu of person authorized to Signature legally bindCONTRACTOR Date Print Name _ °rat argue�anditle Address:, ,,,,,,,,,,,°n Signature CC. _. Date Print Name Telephone Number m Date moNRoE pp by g g AT A. ASSISTANT /1POUNTY ATr 5 268 GV�S COURTg c Kevin Madok, CPA Clerk of the Circuit Court& Comptroller— Monroe Count Florida o p Y, E cOVN DATE: May 3, 2022 TO: William DeSantis, Director Facilities Maintenance Chrissv Collies Executive Administrator FROM: Liz Yongue, Deputy Clerk SUBJECT: April 20th BOCC Meeting Attached is an electronic copy of the following itein for your handling: C 19 1 st Arnendrnent to Agreement with Gary s Plumbing and Fire, Inc.,for Full Maintenance Fire Protection Sei-N11ices at County facilities to increase the annual not to exceed contract amount from $70,000.00 to $135,000.00 due to unanticipated repairs and to correct the Notice provrision. 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 PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 269 FIRST AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This First Amendment to Agreement is made and entered into this 20th day of April, 2022, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision oft State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2nd Terrace, Suite 1, Key West, Florida 33040. WHEREAS, the parties hereto did on October 20, 2021, enter into an Agreement for Full Maintenance Fire Protection Services (hereinafter"Original Agreement"); and WHEREAS, the Original Agreement provides in Paragraph 5.E. that the total compensation to the Contractor shall not exceed Seventy Thousand and 00/100 ($70,000.00 Dollars, unless pre-approved work requiring additional funds is implemented; and WHEREAS, there has been unanticipated repairs and/or emergency work at various locations, exhausting the annual agreement amount for this year with six(6) remaining months; and WHEREAS, the parties find it would be mutually beneficial to increase the annual agreement amount by Sixty-five Thousand and 00/100 ($65,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.00) Dollars to One Hundred Thirty-five Thousand and 00/100 ($135,000.00) Dollars; and WHEREAS, the CONTRACTOR agrees and consents to such revision in the Original Agreement; and WHEREAS, the parties find it of be mutually beneficial to amend its Original Agreement and enter into this First Amendment to Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 5.E. of the Original Agreement, total annual compensation to CONTRACTOR under the Original Agreement shall be increased and shall not exceed ONE HUNDRED THIRTY-FIVE THOUSAND AND 00/100 ($135,000.00) Dollars per year, unless pre- approved work requiring additional funds is implemented. 2. Paragraph 19, NOTICE REQUIREMENT, of the Original Agreement, as amended, is hereby amended to delete the current Paragraph 19, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: 270 19. NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR: Any written notices or correspondence required or permitted under 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 manner provided in this paragraph. Notice is deemed received by CONTRACTOR 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 Gary's Plumbing and Fire, Inc. Facilities Maintenance Department Attn:Gary Centonze, President 123 Overseas Highway, Rockland Key 6409 2"d Terrace,Suite 1 Key West, FL 33040 Key West, FL 33040 ra and -� County Attorney a == 111112th Street, Suite 408 Key West, FL 33040 3. Except as set forth in Paragraphs 1 and 2 of this First Amendment to Agreement;t al other respects, the terms and conditions set forth in the Original Agreement remairpn full fore and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 1 83 ( BOARD OF COUNTY COMMISSIONERS a VIN MADOK, CLERK OF MONROE COUNTY, FLORIDA C��tiry iM tl , By: Deputy Jerk or Date: MONROE CdUN1Y ATrORNEPS OFFICE. 2 OAST00M , aSststaW /0 /2�22 271 Witnesses for CONTRACTOR: CONTRA X"OR: GARY'S L MING AND FIRE, INC. By- Signatu of persJnauthorized t Signature legally b �d CONTRACTOR d, /1 Date Print Name Print Na a and Title Address.,Signature FL- 31' 0 q 0 Date Print Name Telephone Number Date 3 272 AC"" CERTIFICATE OF LIABILITY INSURANCE FDATE(MM/DD/YYYY) 04/05/2022 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 CONTACT NAME: Amanda Katullch FAX PGI of West Central Florida,LLC PHONE(A/C,No,Ext): 941-242-9619 (A/C,No): 941-242-9621 3809 E SR 64 ADDRESS: Amanda@pgiofwestcentralflorida.com INSURER(S)AFFORDING COVERAGE NAIC# Bradenton FL 34208 INSURERA: Bridgefield Employers Insurance Company 10701 INSURED INSURER B Gary's Plumbing and Fire,Inc INSURERC: 6409 2nd Terrace INSURER D: Ste 1 INSURER E: Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE LTR INSD WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ ED- CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY JJECT LOC �) K PRODUCTS-COMP/OP AGG $ OTHER: �,' _ $ AUTOMOBILE LIABILITY �^^^^^*�"�'" (Ea accident) $ ANY AUTO E _ ,,,a2- mow,.,--, - m BODILY INJURY(Per person) $ ALL OWNED SCHEDULED C _ "" BODILY INJURY(Per accident) $ AUTOS AUTOS WAMMC NON-OWNED $ HIRED AUTOS AUTOS (Per accident) UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- X STATUTE ER AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBER EXCLUDED? ❑N N/A 830-52315 02/06/2022 02/06/2023 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 1100 Simonton St. AUTHORIZED REPRESENTATIVE � Key West FL 33040 @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 273 Client#:66814 GARPL DATE(MMfODlYYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 9114/2021 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. ZONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be IMPORTANT:If the certificate holder is an ADDITIONAL�_.. .•._._._ mendorsed. P If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). CONTACT PRODUCER NAMV� Amanda Acrisu a dba Gulfshore Ins-SF PH 23 ey 9 659-8 67 m�� _No: 239 213-2803 4100 Goodlette Rd N E-MAIL h l Aisenb tllfsorBinsufancB.corn A17gf�E,EifliS,a.... ey@g....._ _ w ..T._. Naples,FL 34103 _ INSURER(S)AFFORDING COVERAGE NAIC k 239 261-3646 INSURER Obsidian Specialty Insurance Companylmmm ..... P 6871 _..,_ INSURERS: Commerce _.. INSURED e13URER8: 3lndustry 19410 Ga 's Plumbing and Fire,Inc. SUS _In __..._ ry g I INSURER c:The Travelers Insurance Company 36137 6409 2nd Terrace,Suite 1 INSURER D: Key West,FL 33040 INSURER E .. ...,. �.... ....... INSURER F: COVERAGES CERTIFICATE NUM'BERt 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. II1'S TYPE OF INSURANCE ADN9i.'TSUaR POLICY NUMBER POLICY EFF POLICY EXP - LTR IN R WVD UMBER (MNUDglw�I (MM%!Df'YYYY m LIMITS ,. cLAans-MADE I X accuR 1 TD i _s A �X cGmMERCIALGENERALuaeILITY X X PTCGL000000D7800 8/13/2021 08/131202 EACHOCCUR EENCE 5100 x000,000 ,000 X BI/PD Ded:2,500 MFn ExP(Any one Personl $10 000 PERSONAL&ADV INJURY E1,000,000 GEIrL AGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE _ SZ,000,000 1 PRO- POLICY X'JECT LOC PRODUCTS-COMPIOPAGG 52,000,000 s OTHER: .., �....,......_.,.. ,. ....... AUTOMOBILE CDMI%INET) NGLE LIMIT 1.000 000 i C oMOBILE Lua�rrY X X BA4S5617752142G 8/1312021 08l13/202 i Ea,we�Ir ' _ f X ANY AUTO er person) S BODILY INJURY OWNED SCHEDULED BODILY INJURY(Per acWent) S AUTOS ONLY AUTOS PR OPERTY DAMAGE HIRED NON-OWNED Per acrxdnndl s X AUTOS ONLY X AUTOS ONLY - s B LA LIAR X occuR X X BE049327143 8/1312021 08113= EACH OCCURRENCE $5 000,000� X EXCESS LIAR CLAIMS-MADE AGGREGATE f5.000,000 RETENTION _m 5 .....,,m._, ' PER... OTH_ S WORKERS COMPENSATION r�TUT AND EMPLOYERS"UABILITY Y 1 N a At4YPRMRIIIMOWPAFITND�CXECUTIVEI-- I NIA E.L,EAC14ACCIDENT SFFtC mm (Mandatory In NI^I) r.—) ,. E.L DISEASE.-EA EMPLOYEE $ it es.a4a^.w nme under 10 . 5 2021 _ ,•.�..y�.�..••• Dyy „,-,,,, �� mm E.L.DISEASE-POLICY LIMIT S ESCRCPTiChN OF OPERATIONS below ,-,•._,.,,,�• r, WAM wok DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Monroe County Board Of County Commissioners is included as Additional Insured in regards to General Liability,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract perform CAF079 0817 Including Waiver of Subrogation.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION Monroe County Board Of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. C/o Purchasing Department 1100 Simonton St.Rm.2-213 AUTHORIZED REPRESENTATIVE Key West,FL 33040 --t>1.. -.Cp ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17241781M1718211 AHL18 274 - Q4J�cougrQco Kevin Madok, CPA o: p y' .. Clerk of the Circuit Court&Comptroller—Monroe County, Florida Poe coin DATE: October 28, 2021 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanco4*. SUBJECT': October 20'BOCC Meeting Attached is an electronic copy of die following item for your handling: D9 Agreement wide Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities wide an annual amount not to exceed $70,000.00. Funding is ad valorem. Should you leave any questions please feel free to contact me at(305) 292-3550. 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 38040 Marathon,Florida 33050 Plantation Key,Florida 83070 Plantation Key,Florida 275 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Agreement is made and enteredinto this 20th day of October, 2021, between FLORIDAMONROE COUNTY, ("COUNTY"), a political subdivision of the State of Florida,whose address is 1100 Simonton Street, Key West, Florida 33040, and INC., a FloridaProfit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose d r ss is 6409 2 ri°Terrace, Suite 1, Key West, Florida 33040. WHEREAS, COUNTY desires to contract for the performance f the work or services described in Exhibit"A"; n CONTRACTOR sir s to andis able to perform the work or services described in attached Exhibit"A"; and it serves s legitimate publi ur ns for CONTRACTOR to perform the work r services, as described in attached Exhibit"A,"for Monroe County-, ® IN CONSIDERATIONof the mutual promises and covenants contained herein, it is agreed as follows-, I THE AGREEMENT The r m n consists of this document, the Request for Proposals (" P") documents, exhibits„ any addenda,the response to the RFP, and all required insurance a nt ti n, only. 1 SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "N', which is attached hereto and made a part hereof. The Contractor is required to providecomplete job as contemplated 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 r proper for performing an mpl tin the Scope of Work, unless otherwise specifically stated. 3. PERSONNEL Communication between the County Representative andthe Contractor's personnel is very important. Therefore,the Contractor must assure that at least one(1)of its personnel r building n communicate well in the English language it the County Representative. Any employee hired by the Contractor will be the Contractor's employee 276 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. Uniforms are preferred for Contractor's personnel, however; photo identification rd r required, hich shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times hile on duty. 4. BACKGROUND CHECKS 1 FINGERPRINTING Contractor employees must consent to Level One background checks and the results r to be provided to the County within thirty ( ) days of award of the contract. The County reserves the right to refuse personal 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 ounty' Facilities Maintenance irector or his designee shall have the right to require n employee(s ) of the Contractor to be permanently removed from n County facility serviced 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 hiresand the results of the background check. The Contractor will be responsible for the supervision, hiring n firing of their own employees, and shall be solely responsible for the pay, workers compensation insurance, and benefits. Some work will be conducted at secure facilities, including, u not limited to la 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 chock are required of Contractor's personnel that will enter Monroe County Sheriff's Office (' ") facilities. Background checks on such personnel will be conducted the IVICS0. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee o, 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 rob!em is not resolved to the satisfaction of the , the employee shall not be permitted o return to any facility operated by the . Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming are that one of its employees or subcontractor's employees, who previously completed the background check, is subsequentlyarrested or convicted of any crime, Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by 2 277 the employeelsubcontractor and/or within fig ( ) days of its occurrence II 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 Countyto terminate this contract immediately Wth no further responsibility to make payment or perform any other duties described herein. 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A. Monroe oun ' 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 withthe FloridaLocal Government Prompt Payment Act and MonroeCounty ode® payment will be rnade after delivery and inspection by County andupon submission of a proper invoice ontr ctor. B. Contractor shall submit to County invoices no later than twenty-five ( ) days after inspections/repairs with supporting oou ent tion acceptable to the Clerk. FiveYear® Annual, Semi-Annual, and Quarterlyinspections shall be submitted in arrears with supporting reports. If any major deficiencies arefound, the County must be notified in writing within forty-eight( ) hours, otherwise reports ut be submitted within fifteen(1 ) days of inspection date. Contractor shall submit to the County repair invoices it supporting oou nt tion 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 base on generally accepted accounting principles and such laws rules, and regulations as may govern the Clerk's disbursal of funds. Monroe County's FiscalCounty' Year is October 1"through September 30 . All outstanding invoices must be submitted for payment itin ten (10) days of the end of the Fiscal Year to avoid non-payment for those services. C. The County shall pay the actual cost of party and materials, excluding freight, equipment rental, tax amounts, and servicessupplied others purchased from manufacturer, plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tag amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer'sinvoice must accompany all requests for payment. Freight invoices u t accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. 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 throughFriday, excluding holi m 175.00 per hours mechanic per hour, mechanic plus helper 87.50 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $262.50 per hour, mechanic 278 $393.75 per hour, mechanic plushelper $131.25 per hour® mechanic helper working alone or additional helper Parts CostPlus: Fifteen %) 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 wit all Applications for Payment. The following buildingsill require One (1), i (5) Year Inspection t to be completed a. . within three (3months o contract commencement), 0 n a 1jAnnual Inspectionflow test of the Fire , Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections t6 r the latest edition of NFPA 25: Monroe County Detention Center 5501 College Road $ 3a20 .00 costLyr. Key West, FL 33040 3,000.00 5 vr. inspection Harvey ey Government Cuter 1200 Truman Avenue $ .00 cost/ r. Key West, FL 33040 $ 1,0 0® 0 5era iras c ion Lester Building 530 Whitehead Street 1,025.00 cot r. Key West, FL 33040 0 .00 5 vr. inspection Monroe County Courthouse 502 Whitehead Street 025.00 cost/fir. Annex/Old Jail (TESTING SCHEDULED Key West, FL 33040 AROUND COURT HEARINGS) $ 1,000.00 5 yr. inspection Marathon Government Annex490 63rd Street, Ocean $ 850.00 cost yr. Marathon, FL 33050 500.00 5 yr. insecio 4 279 Plantation Key Jail 53 High Point Road 1,45 .00 cost/yr. Tavernier, FL 33070 1 Syr. inspection Marathon Jail 3981 Ocean Terrace 850.00 costlyre Marathon, FL 3 050 5 5_yr. inspection The following buildings ill require; —. ........ ...._....... _.._ ......m m......____.._ ........ _........ ...__.._.....m_ ----- One �_._.. ), Five (5) Year Inspection Test (to be completed wit in three ) months Of contract commencement), 1 I Inspection, 1 Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler system inspections i r the latest edition ------------------- Monroe County Historic Courthouse 500 Whitehead Street 1,025.00 cost&r. Key West, FL 30 $ 1,000.00 5 yr, iri c i n Monroe County Sheriff 5525 College Road 1,750.00 c t yr. Administration I Key West, FL 33040 $ LOW 5 yr. inspection Pt. of Juvenile Justice Building 5503College Road $ 1,650.00 cost yr. Key West, FL 33040 $ 1. 00.0 5 yr, inspection -- Bay shore Manor 5200 College Road $ 525.00 cost/yr. Key West, FL 33040 00.00 5 yr. irisctin Freeman Justice Center 302 Fleming Strut 750.00 cost r. Key West, FL 33040 $ 1,000.00 5 yr. inspection Murray Nelson Government Center 102050 Overseas Highway 5 .00 cost r. Key Lark, FL 33037 1,000Q0 5 yr. inspection 5 280 Monroe County Fire Station No. 17 10 Conch Avenue 525-00 cstyr. Conch Key, FL 33050 $ 500.00 5 yr.i s jj Monroe County Fire Station No. 13 390 Key Deer Blvd, 525.00 cost yr, Big Pine Key, FL 33043 500.00 5 yr.inspection Monroe County Fire Station No 8 610 2na , $ 525.00 cstyra Stock Island, FL 3300 500.0 5-yr,I n snectin Joe London Fire Training cads 56633 Overseas Highway 525.00 costlyr. Crawl Key, FL 00.00 5 yr. inspection Ornstein Park 67515 1h St. 525.00 c st yr. Stock Island, FL 33040 $ 500.00 5 yr.ins action Monroe County Fire Station No. 11{new} 22352 Overseas Highway 525.00 costhr. Cudiae Key, FL 3302 500.00 5 yr.i2cti0n Marathon Libre (new) 3490 Overseas Highway 525.00 cos yr. Marathon, FL 330 $ 500.00 5 yr. inspection WHEN PERFORMING! U L INSPECTIONS R SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT Y BE NECESSARYTO SCHEDULE INSPECTIONS FOR FTT R NORMAL BUSINESS HOURS. The total quarterly service amount Of the contract shall be FiveThousand Three Hundred Sixty-eight rid 7 /100 .7 ) Dollars,for an annual inspections amount of Twenty- Six Thousand Fur Hundred Seventy-five and 00110 1, 7 ) Dollars. The total for one (1), Five ( ) Year inspection for all buildings listed herein shall be in the amount of Seventeen Thousand arid 001100 ( 17,000,0 Dollars. 6 281 shallContractor cif all invokes it li ain or ent form affached heretoi i# #B "and made a part hereof. There i1 be no additional charges # the travel, mileage, meals, or lodging. Contractor l!submit itemized invokes in writing. E. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Seventy Thousand and 00/100 ( 7g00 .00Dollars, unless pre-approved work requiring additional funds is implemented. F. Major Component Failure or System Breakdown In the event of a major component failure or system breakdown, the County, shall have the option to request from the Contractor only, a proposallquotefor replacement quip nt in an amount that could exceed FiveThousand and 0/100 ( 5,000.00) Dollars.Any proposal over Five Thousand and00/100 5,000®00}Dollars, up to and including Ten Thousand and 00110 ( 10,000.0 ) Dollars, must be approvedand signed by the Division Director and/or the County Administrator. Any proposal over Ten Thousand and 001100 1 ,000.00) Dollars, up to and including Forty-nine Thousand ins Hundred Ninety-nine and 99/100g999.99) Dollars, must be approvedn i n by the Division Director and the County Administrator. 6. TERM OF AGREEMENT This one (1)year Agreement shall commence can November 1, 2021, and ends upon October 1® 2022, unless terminated r under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional four( )one- year periods on terms and conditions mutually r bl to the parties, exercisable upon written notice given at least thirty (30) days prig to the end of the initial term. Unless the context clearly indicates otherwise, references to t "term"of this Agreement shall mean the initial terry of one (1)year.The County is not required to state a reason if it elects not to renew. The Contract amount may be adjusted annually in accordance ith the percentage change in the U.S. part nt of Commerce Consumer Price Index ( I-l1) for ll Urban Consumers as reported the U.S. uru of Labor Statistics andshall be based upon the I- computation at December 31 of the previous year. 7s 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. MAINTENANCE8. 7 282 Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted ountinprinciples consistently applied. Records shall be retained for a period of seven ( ) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR00.3 , if applicable,whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable n timely access to such records of each other party o this Agreement for public records purposes during the term of the Agreement and for seven ( ) years following the termination of this Agreement. 9. 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 dat 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 ork sheets, correspondence-, change order file (including documentation covering negotiated settlements); backchar e logs and supporting documentation; general ledger entries detailingcash and trade discounts earned, insurance rebates n dividends,- any other supporting vid nce deemed necessary by Countyor the Monroe County Office of the Irk 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 ounty'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 aunty's representative and/or agents or the County Clerk. County 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, ucontractors, suppliers, and contractors representatives. ll records shall be kept for ten (10)years after Final Completion of the Project. The County Clark possesses the independent authority to conduct an audit o Records, assets, and activities relating to this Project. If anyauditor employed by Monro County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were sent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F. ., running from ate the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. PUBLIC10. I Contractor must comply with Florida public records laws, including but not limited to Chapter 11 , 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" trials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,and madeor received by the County and Contractor in conjunction with this contract and related to contract performance. The 283 County shall have the right to unilaterally cancel this contract upon violation of this provision y the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed material breach of this contract andthe County may enforce the terms of this provision in the form of a court proceeding n shall, as a prevailingparty, be entitled to reimbursement of all orn y's fees and costs 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 Floridaublic 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 toe (1) Keep andmaintain public records that would be required the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the Countywith 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 law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorizedy 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. ( ) Upon completion of the contact, 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 b 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 re exempt or confidential and exempt from u lic 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. ( ) A request to inspect or copy public records relating to a County contract must be mad 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 ounty's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the oun es option and right to unilaterally cancel this contract upon violation of this prevision 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 119.1 , Florida Statutes. 284 The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records nl r otherwise provided in this provision or as otherwiseprovided by law. IF THE CONTRACTOR HAS STIONS APPLICATION OF CHAPTER I RIDA STATUTES. T THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT ACT THE CUSTODIAN OF PUBLIC BRI - , NROE COUNTY I , KEY WEST. FL 33040. 11. HOLD HARM LESSJNDEM NI FICATION, INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, ontractor shall defend, indemnify, and holdthe County the County's elected point officers n ploys s 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 (ill) any costs or expenses that may be asserted against, initiated with respect to, or Sustained , 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, ( ) 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( ) 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 arisefrom 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 Urnit tion 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 , Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this paragraph. 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 r e nt,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 workof 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 Countyharmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the oun 's behalf. 0 285 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 causefor 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 minimumstatutory limits as required Floridaby Law, andloyee®s Liability coverage in the amount of 100,000.00 bodily injury accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury disease, each employee. COMPREHENSIVEILE VEHICLE LIABILITYINSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability n Property e Liability. Coverage shall include all owned hicles, all non-owned vehicles, and all hired vehicles. If single limits are provided,the minimum acceptable limits r 00 000.00 per person, 300m00 .00 per occurrence® and OOm000.00property damage. Coverage shall include all owned hicE sS all non-owned hicl s, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES ri inl 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 ( 0) calendar ys® written notice shall be provided to the Countybefore ny 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 CountyAdministrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, ents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS CERTIFICATE HOLDER AND ADDiTIONALPOLICIES COMPENSATION. 12. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768-28, Florida Statutes, the participation of the 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 giver. . INDEPENDENT 286 t all times and for all purposes under this Agreement, Contractor is are 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. NTRACTOR and COUNTY agreethat there ill 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. CONTRACTORnd COUNTY agrees to comply with all Federal and Florida statutes, an all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title Il of the Civil Rights Act of 1964 L - ) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended ( 0 USC ss. 1681-1683, and 1 5-1 ), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended ( 0 USC s. 794), which prohibits discrimination on the basis of handicaps-, ) The iscri in tion Act of 1975, s amended ( 2 USC as. 101- 107) which prohibits discrimination on the basis of ; ) The Drugbus ice and Treatment Act of 19 L 2-2 ), as amended, relating to nondiscrimination on the basis of drugabuse; ) The ComprehensiveAlcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the psis of alcohol abuse or alcoholism-, 7) The Public Health Service Act of 1912, as. 523 and 527 (42 USC as, 0dd-3 and 2 0ee-3), as amended, relating to confidentiality of alcohol and drug bus ient records; )Title Vill of the Civil Rights t of 1968 (42 USC s. 3601 or seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing-, )The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis ofdisability; 10) Monroe Countyo hapter 14, Article I18 which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance ith Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 art, 1964-1965 Comp., . 39), as amended by Executive Order 11375, Amending ExecutiveOrder 11246 ela i to Equal Employment Opportunity, and implementing regulations t 41 art 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,T C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation„ gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual 12 287 orientation,gender identity, or national origin. Such action shall include, but not be limited o the following- Employment,nt, 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 to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ) 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. ) The Contractor will not discharge or in any other manner discriminate against any employeeor 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 whohs 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 cc ss 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. ) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining r m nt or other contract or understanding,a notice to be provided advising the said labor union or orders' representative of the Contractors commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. ) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rule, regulations, and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering ncy and the Secretary of Labor for purposes of investigation to ascertain compliance with such rubs, regulations, and orders. 7) In the event of theContractor's noncompliance ith the nondiscrimination clauses of this contract or with any of the said rubs, regulations, or orders, this 13 288 contract may be canceled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided y law. The Contractor will include the portion of the sentence immediately preceding paragraph (1and the provisions of paragraphs (1) through ) 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 agencymay direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the Unitedt t . 15. 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 deemnecessary. 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. 16. COMPLIANCE WITH LAW AND LICENSE RggUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform workin accordance withthese specifications throughout the term o this Agreement. DISCLOSURE17. ! INTEREST 1 289 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 annex 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 atut s, regarding, but not limited to, solicitation or acceptance ofgifts-, doing business with one'sagency; unauthorized compensation, misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. No Sol icitation/ aym nt. County and Contractor warrant that, in respect to itself, it has neither mplo 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 anyperson, 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 oni s owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. CREDIT18. NO PLEDGE OF Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, liens 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. 19. NOTICE RE IREMENT II written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any written notices or Correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, poste 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 manner provided in this paragraph. Notice is deemed received y CONTRACTOR when hand delivered by national courier with proof of deliveryor by U.S. Mail upon verified receipt or upon the dateof refusal or non-acceptance of delivery. Noticeshall be sent to the following persons, FOR COUNTY: FOR CONTRACTOR: Monroe County Gary's Plumbing and Fire, Inc. Facilities Maintenance Department n: Gary Centon e, President 3583 S. Roosevelt Blvd 6409 2nd Terrace, Suite y West, FL 33040 KeyWest, FL 33040 and 15 290 County Attorney 1111 1211 Street, Suite 408 Key West, FL 3304 20. TAXES County is exempt from payment of Florida State Sales andtaxes. Contractor shall not be exemptedby virtue of the oun ' 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 oun 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. 21. TERMINATION A. In the event that the CONTRACTOR shall be fend to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five ( ) days' written notification to the T T . B. Either of the partieshereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement for cause with CONTRACTORshould CONTRACTORfail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR it n opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sure due the CONTRACTORunder this Agreement prig to to iination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTYreserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's FalseClaims r in nc , located t Section 2-721 et ale of the Monroe County ode. Termination for Convenience; The COUNTYmay terminate this Agreement for convenience, at any time, upon sixty ( ) days' notice to CONTRACTOR. If the COUNTYterminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum um amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. 1 291 E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 2 7.1 (5)g Florida Statutes, or has been placedon the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the our shall have the option of 1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate theagency's determination of false certification was in error pursuant to Section 7.1 ( )(a), Floridat utes, or (2) maintaining the Agreement if the conditions of Section 7.1 5( ), Floridatau sg are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section .1 ( ), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companiesit cti ities in the Iran Petroleum r ctor List, or been engagedin business operations in Cuba or Syria, 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 tagency's determination off Ise certification was in error pursuant to Section 2 7m1 (5)(a)g Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 7.1 5(4), Florida Statutes, are met. • GOVERNING This Agreement shall be governed by and construed in accordance with the laws of the State of Floridaapplicable 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. The Parties waive their rights to trial by jury. The County an 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. 23. 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 conducted pursuant to this Agreement shall be in accordance with the FloridauI s of Civil Procedure and usual and customary procedures required by the circuit court of MonroeCounty. 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 terra, 17 292 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 Countyn ontr ctor 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. 25. 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 a orney's fees, court costs, investigative, and out-of-packet expenses, as an award against the non-prevailing party, at all levels of thecourt system, including in appellate proceedings. 26. ADJUDICATION 1 COUNTYand CONTRACTOR agree that all diSPLItes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The CONTRACTOR andp s nta iv shall try to resolve the claim or dispute with meet andconfer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Floridalaw. This Agreement is not subject to arbitration. This provision dos not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning r ination or cancellation. COOPERATION27. In the evert 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 udder this Agreement County and Contractor specifically are that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. BINDING The terms, covenants, conditions, and provisions of this Agreement shall bind andinure to the benefit of the County andContractor and their respective legal representatives, successors, and assigns. AUTHORITY29. Each party represents and warrants to the other that the execution, delivery, an performance of this Agreement have been duly authorized by all necessary County and corporate ction, as required y law. Each party agrees that it has had ample opportunity 1 293 to submit this Contract to legal counsel of its choice and entersinto this agreement freely, voluntarily, and with advice of counsel. 30. CLAIIMS FOR FEDERAL OR STATE Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state finds to further t purpose of this Agreement.Any conditions imposed result of funding that affect the Project will be provided to each party. PRIVILEGES31. IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, nd rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, ter employees of any public agentsor employees of the County, n performing their respective functions under this Agreement within the territorial limits of the County shall apply to the samer and extent to the performance of such functions and duties of such officers, nt , volunteers, or employees outside the territorial limits of the County. ® LEGAL OBLIGATIONS1 1 1 1 This Agreement is not intended to, nor shall it be construed , relieving any participating entity from ny 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 Floridaconstitution, state statute, and case I . NON-RELIANCE33. NON-PARTIES Non-Delegation of Constitutional or Statutory Duties. o 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 claimor entitlement to or benefit of any service or program contemplated hereunder, n 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. ATTESTATIONS34. Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a PublicEntity rim tat nt, an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement. 19 294 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, r employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of MonroeCounty shall be liable personally on this Agreement or be subject to any personal liability r accountability by reason of the execution of this Agreement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which h ll be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto y execute this Agreement by signingany such counterpart. HEADINGS37. SECTION Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreedthat such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. ENTITY3& PUBLIC person or affiliate whohas been placed on the convicted vendor list following conviction for a public entity crime may not submit a bid, proposal, or reply n a contract to provide any goods or services to a public entity, may not submit a bide proposal, or reply n a contract with a publicentity for the construction or repair of a public building or public irk, may not submit bids on leases of real property to a public entity, may not be awarded r 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 amoun r i in Section 287.017, Florida Statutes, for T for a period of thirty-six ) months from the date of beingplaced on the convicted vendor list." REVIEW39. MUTUAL This Agreement has been carefully reviewed by Contractor and the County. Therefor this Agreement is not to be construed against either party on the i f authorship. 40. INCORPORATION The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County'County's performancen obligation to pay under this Agreement is contingent upon n annual appropriation by the Board of County Commissioners. In the event that the 20 295 County funds on which this Agreement is dependentr it r n, this Agreement i terminated nd the County has no further obligation under the terms f this Agreement to the Contractor beyond that already incurred the termination date. INTEREST41 COVENANT OF NO County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform andreceive benefits as recited in this Agreement. ® AGREEMENTS WITH In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the County as an additional insured on all insurance policies required y the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors shall include the County as an additional insured. FEDERAL CONTRACT RE1TS The CONTRACTOR andits subcontractors must follow the provisions, as applicable, set forth in 2 00.326 Contr ct provisions an pen i II to Part 200, as amended, including but not limited to; 44.1 Davis-Bacon amended (40 U.S.C. 31 1-314 ). When required r l program legislation, ich includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland curit Grant rc rem, Port SecurityGrant Program andTransit Securit Grant Program, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must comply with the Davis-Bacon Act ( 0 3141-3144® and 31 - 14supplemented y Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts CoveringFederally Financed and Assistedon truction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics t a rate not less than the prevailinge ci e in a wage determination made by the Secretaryof Labor. In addition, contractors u t be required to pay wagesnot less than once a week. If applicable, the COUNTY Must place e current prevailing e determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit " " and made a part hereof The decision to award a contract or subcontract must be conditioned Upon the acceptance of the wage determination. The COUNTYmust report all suspected err ported violations o the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness rant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland SecurityGrant ro ram, Port Securityrant Program and Transit Security Grant Program (it does not apply to other FEIVIA grant and cooperative agreement programs, including the Public Assistance Program), the contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Departmentof Labor regulations (29 CFRFart 21 296 "Contractors ubcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the UnitedStates"). As required by the Act, each contractor or su r cipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise ntitle . The COUNTY must report all suspected or reported violations to the Federal awarding agency. (1) Contactor. The contractor shall comply with 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above n such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contactor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contact clauses above be grounds for termination of the contract, and for debarment as a contactor and subcontractor as provided in 29 C.F.R. .1 . Additionally, in accordance with the regulation, each contractor and Subcontractor must furnish each week a statement with respect to the wages paid each of its employees engagedin work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act during the preceding eekl payroll period.The report shall be delivered by the contractor or subcontractor, within seven days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. Contract44.2 r (40 U.S.C. §§37 1- 70 ). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTYin excess of$100,000 that involve the employment of mechanics or laborers ust comply with 40 U. 3702 and 3704, as Supplemented by Department of Labor regulations (29 CFRart ). Under 40 U.S.C. 37 2 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours.Work in excess of the standard o 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 40 hours in the workweek. The requirements of 40 U.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 or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. Compliance with the Contract Work Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any art of the contract work, which may require or involve the employment o 22 297 laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one andone-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation, liability forunpai H liquidated damages. In the event of any violation of the clause set forth in paragraph ( )(1) of 2 , the Contractor and any subcontractor responsible therefor shall be liable for the unpaid e . In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbiaor a territory, to such District or to such territory), for liquidated e . Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including tc en and guards, employed in violation of the clause set forth in paragraph (b)(1) of C.F.R.29 .5, in the Burn of for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause forth in paragraph (b)(1) of 29 C.F.R. 54 . (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 to be withheld, from n 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-assist d contract subject to the Contract Work Hours and Safety StandardsAct, which is held by the primesame 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 provided in the clause set forth in paragraph ( )(2) of 29 C.F. 5.5. ( ) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29C.F.R. 5.5, paragraphs (b)(1) through (4)g and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F. .5, paragraphs (1)throe (4). 44.3 Riahts to Inventions Made Under a Cont r . If the Federal award meets the definition o "funding agr ent" under 37 CFR §401.2 ( ) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, i nm nt 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. Clean44.4 i t Act 1- the Federal-Water Pollution 23 298 Control Act (33,U.S.C. _ _ 1251-13871 as amendedl. Contractor agrees to comply with all applicable standards, carders or regulations issued pursuant to the Cleanit t, as amended (42 U.S.C. 7 1-7 1 and the Federal t r Pollution Control Act, as amended (33 U.S.C. 1 1-1 ) and will report violations to FEMAIFederal Agency and the appropriate Regional Office of the vir nt l Protection Agecy (EPA). The Cleanit Act ( 2 U.S.C. 7 1- 71 .) and the Federal Water Pollution Control Act(33 U.S.C. 12 1-1 7), as amended, applies to Contracts and sub rants of amounts in excess of 1 0,0 0. The contractor agreesto include these requirements in each subcontract exceeding $150,000 financed is whole or in part with Federal °stand provided by FEMAtFederal agency. The Contractor agrees to report each violation to the COUNTY, understands, and agreesthat the COUNTY will, in turn, report each violation as required to assurenotification to F Federal Agency and the p r r ri Regional Office. 44.5 Debarment and SusDens tive Orders12549 andA contract and under a "covered transaction" (see 180,220) t not be madeto parties listed on the government wide exclusions in the System for Award Management ( , in accordance with the guidelines t 2 C.F.R. Part 180 that implement Executive Orders1 (3 C.F.R. part 1986 Come., p. 13 ) are 1 (3C.F.R. rt 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security'sregulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusionscontains the names f parties b rr , suspended, or otherwise xcl agencies, as well as parties declared ineligible un r statutory or regulatory authori other than Executive r r 12549. SAM exclusionscan be accessed at www.sam.gov. Contractor is required to verifythat none of the contractors principals (defined at C. 180.935) r its affiliates (defined at 2 C.F.R. 1 0. ) are excluded (defined t 2 C.F.R. 1 0. 0) or disqualified (defineC.F.R. 1 0. ). The Contractor must comply with 2 C.F. , pt. 180, subpart C and2C.F.R. pt. 3000, subpartt include requirement to comply with these regulations in any lower tier covered transaction it eaters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C an L 3000, subpart C, in addition to remedies it bl the COUNTY, the Federal Government may pursue availableremedies, including but not limited to suspension and/or debarment. Bidders or Proposers r to comply with the requirements of 2 . 180, subpart C and . pt. 3000, subpart C whilethis offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring uch compliance in its lower tier covered transactions. ® i- 1 U.§.C. 1 . Contractors that apply or bid for an award exceeding $100,000 mustfil the required certification. ch 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 are employee of a member of Congress in connection ith obtaining any Federal contract, grant or any other award covered y 31 U.S.C. 1352. Each tier Must also disclose any lobbying ith non-Federal funds that takes place in connection with obtaining ray Federal award. Such disclosures are forwardedfrom 24 299 tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. If award exceeds $100,000, the certification, attached hereto as Exhibit " " and made a part hereof, must be signed and submitted by the CONTRACTORto the COUNTY.) 44.7 gCwpllance withr yrMaterials t forth i CONTRACTOR200.322. t comply with Section 6002of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recoveryt. The requirements of Section 6002 include procuring only items designated in guidelinesof the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage recovered teri is practicable, consistent with maintainingsatisfactory 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 1 , 00; procuring solid waste management services in a manner that maximizes energy and resource recovery; d establishing are affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall make maximumuse of products containing recovered materials that are EPA-designateditems unless the product cannot be acquired — 1. Competitively withi ti efra e providing for compliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along withthe list of EPA-designated items, i available at ®e Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/com pre o iv -prop reme nt-g uid lire - pg-prog ram The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solidi po al Act. 44.8 Prohibition i Telecommunications ideo Surveillance Servicesr as t forth iRecipients re i ien e and their contractors and subcontractors not obligate or expend any federal funds toProcure or obtain; rid or renew a contract to procure or obtain; or ( ) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, e ices, 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 11 -23 section 889, covered leoo nica ion equipment is telecommunications equipment produce y Huawel Technologies Co pan or ZTE Corporation (or any subsidiary or affiliate of such entities). ( ) For the purpose of public safety, security of government facilities, y i al security surveillance of critical infrastructure, and other rational security purposes, video Surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou i vi ion Digital Technology Comp ny, or Dahua Technology o parry (or any subsidiaryor affiliate of such entities). ii Telecommunications or video surveillance services provided by such entities or using such equipment. 5 300 (iili)Telecom mu nications or video surveillanceequipment or services produced or provided by an entity that the Secretary fence, 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 y, or otherwise connected to, the government of a covered foreign country. 44.9 Domestic Preference for Procurements as set forth i The COUNTY and CONTRACTORshould, to the great extent practicable, provide preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under federal award. For purposes of this section: "Produced in the UnitedStates" means, for iron and steel products, that all manufacturing recesses, from the initial melting stage through the application of coatings, occurred in the United t . "Manufactured products" moans items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based polymer-based products uch as polyvinyl chloride piaggregates such as concrete, lass, including tic l fiber; and lumber. 44.10 Americans i Disabilities . The CONTRACTOR will comply with all the requirements as impo y the , the regulations of the Federal government issued thereunder, and the assurance y the CONTRACTORpursuant thereto. all Disadvantaged BusinessEnterprise fDBE) Poligy and Obligation. It is the policy of the COUNTY that DBE' , as defined in amended, shall have the opportunity to participate in the performance of contracts financed in hole or in part with COUNTY funds under this Agreement. The DBE requirements f applicable federal and state laws andregulations ly to this Agreement. The COUNTY and its CONTRACTOR agreeto ensure that s have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary n reasonable st in accordance ith C.F.R. 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the ' have the opportunity to compete for and perform contracts.The COUNTY and the CONTRACTORand subcontractors shall not discriminate on the basic of race, color, national origin or sox in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITHMINORITY BUSINESSES, I T lSURPLUS FIRMSAREA A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract cods or services,then,in accordance with 2 C.F.R. §200.321,the CONTRACTORshall take the following affirmativesteps to assure that minority businesses, ne business enterprises, labor surplus area firms are used wheU2ygL22g2ble. B. Affirmative steps must include. (I) Placing qualified small and minoritybusinesses andn' ui enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's women' business enterprises 6 301 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, r the r au re ent r it m which encourage participation ll and minority businesses, and women's businessenterprises; (5) Using the services and assistance, as aDDrOoriate, of such organizations as the Small Business d initr tion and the Minority BusinessDevelopment Agency of the Department of Commerce. ( ) Requiring the Primecontractor, if subcontracts areto be lets to take the affirmative steps listed in paragraphs ( ) through ) of this section. OTHER FEDERAL AND/OR FEMA REgUIREMENTS (as applicable) 44.12 Access to Records. Contractor/Consultant and their successors, transfer assignees, n contractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultantst; ( Cooperate with any compliance i or complaint investigation conduct i ( ) Give DHS access to and the right to examine and copy records, accounts, and other documents rid sources of information related to the grant and permit access to facilities, personnel, and other individuals an information as may be necessary, as required regulations and other p li ble laws or program guidance; ( )Submit timely, complete,and accurate reports to the p ro rit officials and maintain appropriate backup documentation to support the reports. 44.13 DNS Seal L2go n Contractor shall not use theDepartment of Homeland Security e l( , logos, crests, or reproduction of flags or likenesses of DHS agency officials wi ho t specific FEMA pre-approval. The Contractor shall include this provision in any subcontracts. 44.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from change or modification, change order, or constructive change of the reerr, nt must be within the scope of any Federal grant or cooperative agreement that may fund this Project ande reasonable for the completion of the Project. Any contract change or modification, change order or constructive change t be approved in writing by both the County and Contractor. 44.15 Compliance withr I tions, and Executive Orders. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. 44.16 No b loation 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. 44.17 Program Fraud and FalseFraudulent I . The Contractor acknowledges that 31 U.S.C. hap. 3 (Administrative e e ie for False 7 302 Claims and Statements) applies to the contractor's action pertaining to this contract. 44.18 - rl t inning January 1, 2021, in accordance with Fla. Stat., See. 448.0195,the tr u t r and any subcontractor shall register with and shaH utilize the U.S. Department f H rn l ridSecurity's - ri y t to verify the work authorization status of all new employeeshired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work 'r providing serimy pursuant mt to the Contract t likewise utifize the U.S. Department f Homeland Security's E-Verify system to verifythe work authorization of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does riot employ, contract with, or subcontract with are unauthoirized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat., Sec, . ' . 44.19 if this Agreement is funded by the Florida Department of Emergency anagement F " the Contractor will be bound by the terms and conditions of any applicable Federally-Funded Sub-Award rd and Grant Agreement between the County and the Florida Division of Emergency Management (Division). 44.20 if applicable,the Contractor shall 'bold the Division ion and County harmless against all claims of whatever ar nature arising out of theContractor's performance of work under r this Agreement, to the extent allowed and required by law. 45. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform m its obligations under this Agreernentwill be excused to the nt that the delay or failure was caused directly by an event beyond such Party'Party's control, without such Party'Party's fault or negligence and that by its inature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: a acts ofGod; (bi) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency y in the geographic area f the project; owar, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil armrest in the geographic area of the Project; d government order or later in the geographic area of the Project; ej actions, embargoes, or bloickades in effect on or after the data of this Agreement; ' action by any governmental authority prohibiting work in the geographic area of the l ru je t;(each, a "Uncontrollable ble ircumstan e"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, rnari at conditions, or supplier actions or contract disputes will not excuse performance b Contractor under this Section. Contractor shall give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration f such Uncontrollable ircum to e. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are mi,nimized and resume full performance under this Agreement. The County will not pay addi ion l coat as a result of an uncontrollable Circumstance. The Contractor may only seep a no cost Amendment for such reasonable time as the Owners Representativemay determine. 46. ENTIRE AGREEMENT 28 303 This writing embodiesthe entire agreement and understanding between the parties hereto, and there r other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. amendmentAny to this Agreement shall be in writing, approved by the Board of County Commissioners, i by both parties before it becomes effective. 47 FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, wh th r written or oral. This Agreement cannot b modified r replaced pt by another written and signed agreement. [REMAINDER INTENTIONALLY LEFT BLANK] [SIGNATURE TO FOLLOW] 29 304 IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement o day and year first written above in one (1)counterpart, each of which shall, without proof g for other counterparts, be deemed an original contract. ®� lg 23 BOARD OF COUNTY COMMISSIONERS o — `_., MADOK, CLERK OF MONROE COU r ryyOOi C TNf v �//1 I � a4NTv N q/► ��I`/�`�� By. By. V/--a 1 As Deputy Clerk Mayor Date: GL✓ '6-0L- 7-0 2-0ZI Witnesses for CONTRACTOR: CONTRACTOR: GARY'S PL-`Q3 ING AND FIPIP co -�r By Signatu a of person 4'_thodzed to Sign t r legally.. ind CONTRACTOR 1ks : ejoil gesr: Pr� Dat Print Name Print Na` 'e and Title Address [m A— i `�. 'Si nature r . FL. 33090 r,a Rcz� 305 Date `Print Name Telephone Number Date MONRm COUNTY ATTORNEY'S OFFICE O P M A�iC1AF,4� ASSISTAf fdW f jORNEY DATE: 1111[[ II 30 305 306 EXH I BIT "A" SCOPE OF WORK Spe i s and payments to Contractor*.. The Contractor shall hold a current Florida License, in compliance with Fla. Star. Sees. 633.318, 633.521, and FAC 69A-46: Fire Protection Systems Contractor and Water Based Inspector. 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 Fire Protection System malfunction within five (5)hours of verbal,email,or text notification by the 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. Bid prices shall include a complete program including inspection, testing, maintenance, and repairs in accordance with all guidelines issued per the adopted FPC - Florida Fire Prevention Code, 7th Ed. 2020, by reference NFPA 25, 2020 Ed. (FFPC adopted F.S. Sec. 633.202 and FAC 69A-3.012 for the fire suppression sprinkler systems including associated piping and equipment at the facilities listed in the Scope of Work below. Total Service Coverage, Contractor is to provide all parts, tools, labor, accommodations, and transportation required to provide for the inspection, testing,maintenance, and repairs per NFPA 25, and schedules as well as keeping the equipment in proper operating condition to protect against unpredictable repair expenditures as well as ensure reliability and efficiency.Note: No oral interpretations will be made by the Contractor as to the meaning of referenced NFPA 25 documents. Contractor shall request interpretations through the Monroe County Contract Monitor. Monroe County Fire Marshal or his / her designee shall provide in writing formal code interpretations. 1. The Contractor shall provide Facilities Maintenance and the Monroe County Fire Marshal with teannual inspection schedule. 2. The Contractor shall coordinate all inspections with Facilities Maintenance,Monroe County Fire Marshal, and the County's current Contractor for its Fire and Panic Alarm Annual Certification,Maintenance,and Monitoring of the County's systems. The Contractor and the County's Fire and Panic Alarm Contractor shall coordinate placing the systems in a "Test" mode during any inspections. 3. The Contractor shall document each on-site service call or inspection and furnish the Contract Monitor with a copy showing time in and out, date, and a brief description of activity. or orders for on-site system preventative maintenance will list the inspection date, individual to report to, equipment identification, equipment location, or to be performed, and any special instructions. Additionally,an electronic copy of all annual inspections shall be sent to the Monroe County Fire Marshal. 4. The Contractor shall include written findings, corrective actions, and recommendations within the Quarterly Inspection Reports. Whenever 32 307 permitting and/or engineering services are required car rep airs/replacements, the Contractor ll submit to the County the Contractor's actual certified documentedcosts for such services and shall invoice the County for reimbursementof onlysuchcost. 5. t documentation shall the Contractor to the Monroe County Contract Monitor with the Contractor's invoice r The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts,and services supplied by others purchased from the manufacturer,plus fifteen percent ( 5%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed foramounts 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. Contractor shall submit to County invoices no later thantwenty-five ( 5) days after inspections/repairs with supporting documentation acceptable to the Clerk. Five Year, Annual, Semi-Annual, and Quarterly inspections shall be submitted in arrears with supporting reports. If any major deficiencies are found, the County must be notified in writing within forty-eight (48) hours, otherwise reports must be submitted within fifteen ( 5) days of inspection date. 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 passible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rates, and regulations as may govern the Clerk's disbursal of funds. Monroe aunty's Fiscal Year is October I" through September 30 '. All outstanding invoices must be submitted for payment within tern (1 ) days of the end of the Fiscal Year to avoid non-payment for those services. Major Component Failure or System Breakdown In the event of 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 in an amount that could. exceed. Five Thousand and 00/1 0 Dollars ( 5,0 . 0). Any proposal over Five Thousand d 00/100 ( 5,000.00) Dollars, up to and including Ten Thousand and 0/1 0 ( 10,000.0 ) Dollars, must be approved and signed by the Division Director or the County Administrator. y proposal over Ten Thousand and 00/10( 10,000.00Dollars,up to and.including Forty-nine Thousand Nine Hundred Ninety-nine and 0 /100 ( 49,999m99) Dollars, must be approved and signed by the Division Director and the County Administrator. Scope of Work, The Contractor will provide all labor,supervision,equipment,parts,tools, transportation,services, and incidentals and supplies for Fire Protection Systems Preventive Maintenance, Repair, and Emergency Service Calls for various buildings located in the Upper, Middle, and Lower Keys. 33 308 1. ire is of Contractor a) Perform one, five (5) year inspection test, one (1) annual inspection and flow test of the Fire Pump,one(1)semi-annual s(2)quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25 at the following locations; a. Monroe County Detention Center 5501 College Rd., y West, FL 33040 b. Harvey Government Center 1200 Truman Ave., Key West, FL 3304 c. Lester Building 30 Whitehead S ., Key West, FL 33040 d. Monroe County Courthouse Annexe Id Jail 02 Whitehead St., Key West, FL 33040 a. Marathon Government Annex 490 63rd Sa Ocean, Marathon, FL 33050 f. Plantation Key Jail 53 Highpoint Rd.,Tavernier, FL 33070 g. Marathon Jail 981 Ocean Terrace, ra h n, FL 33050 } Perform one, five (5) year inspection test, one (1) annual inspection, one (1) semi-annual and two (2) quarterly fire sprinkler system inspections and testing per the latest edition of NFPA 25 at the following locations: a. Monroe County Historic Courthouse 00 Whitehead St., Key West, FL 3300 b. Monroe County Sheriff Administration Building 25 College ., Key West, FL 300 c. Dept. of Juvenile Justice Building 03 College Rd., Key West, FL 33040 d. Bayshore Manor 200 College Rd., Key West, FL 33040 . Freeman Justice Center 02 Fleming t., Key West, FL 3304 fm Murray Nelson Government Center 102050 Overseas Highway, Key Largo, FL 33037 g. Monroe County Fire Rescue Station No. 1 10 Conch Ave., Conch Key, FL 33050 h. Monroe County Fire Rescue Station No. 13 30 Key Deer Blvd., Big Pine Key, FL 3343 34 309 i. Monroe County Firs Rescue Station . 10 2"d Ave., Stock Island, FL 33040 �. Joe London Fire Training Academy 33 Overseas Highway, Crawl Key, FL k. Bernstein Park 5151h St., Stock Island, FL 33040 1. Monroe County Firs Rescue Station No. 11 (new) 22352 Overseas Highway, Cudjoe Key, FL 33042 Marathon Libre (new) 3490 Overseas Highway, Marathon, FL 33050 e) During all sections: clean sprinkler leads as needed, conduct maintenance of "/Sia ese, / S Y, and external above ground piping as heeded, and submit proposals to replace sprinkler beads, piping, and main supply when heeded. 35 310 311 APPLICATION FOR PAYMENT DETAILS ATE: INVOICE IC ARRIVAL TIME: DEPARTURE TIME: LOCATION: . ROUTINE: REPAIR: PARTS AND MATERIALS COSTS ITEM DESCRIPTIONI TITS SUB-TOTAL 1 3 5 PARTS &MATERIALS SUB-TOTAL 15% INCREASE S &MATERIALS SERVICES SUPPLIED 'OTHERS S (arnount charged to be reimbursed) ...... r FREIGHT CHARGE(amount charged to be reimbursed) .__ TAX CHARGES (amount charged t ►be reimbursed) PARTS& MATERIALS TOTAL RegularLABOR AND EQUIPMENT COSTS I S Mechanic l SUB-TOTAL I egral OURS Mechanic&Helper SUB-TOTAL _ ----- ..-- Regular HIJ S Helper alone or additional Helper @ SUB-TOTAL erti e HOURS Mcchanic @ SUB-TOTAL Overtime HOURS Mechanic & Helper @ S i OT T ._._.:. ___Overtime HOURS Helper alone or additional Helper @ SUB-TOTAL LABOR AND EQUIPMENT TOTAL TOTAL DESCRIPTION OF WORK: ................. Date Authorized Signature/Title *Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts&materials, freight for transportation/shipping costs, equipment rental arnou ts, taxes,and services supplied by others. 37 312 313 EXHIBIT �Acgl DAVIS-BACON WAGES STATEMENT "General Decis,"Lon Number : FL20210022 09/10/2021 Superseded General Decision Nuiuber : FL20200022 State : Florida Construction Type : Building County: Monroe County in Florida BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and includ,.JLn(,q 4 'D stories) . I Note : Under Executive Order (EO) 13r'358, an hourly minimum wage of $10 . 95 for calendar year 2021 applies to al.1 contracts sub�ect to the Davis-BaCon Act for wliich the contract is awarded (and any solicitation was issued) on or after January 1, 2015 If this contraCt is covered by the EO, t1he contractor must pay all workers in any classification listed on this wage determination at least ;,10 . 95 per hour (or the appliCable wage at listed. on th.J...s wage determination, -if it is higher) for all hours spent performing on the contract in calendar year 2021 . If this contract is covered by the EO and a classification corisidered necessary for performance of work. on the contract does n�ot appear on this wage determination, the contClractor must pay workers in that classification at, least the wage rate determined through the ec-,,onformance process Ak I set f orth in 2 9 CFR 5 . 5 (a) '1) (ii.1 (or the EO minimuim wage raiLle, if it_ is higher than -the conf=,,iied wage rate) . The EO minirnum wage rate will be adjusted annually . Please not-e 'that t1his E0 applies to the above-mentioned types of contracts entered into by ',the fledera"I government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, JI.ric-lLud-ing those set forth at 29 CFR 15 . 1 (a) (2) - (601) . Additional inforniation on contractor requirements and worker protecIE-ions under the EO is available 39 314 at www.dol . g-ov/whd/govcont-racts . Modification Niimber Publication Date 0 01101/2021 1 01/22/2021 2 06/18/2021 3 07f/09//2021 4 09/10/12021 ELEC0349-003 09/01/2021 Rates Fringes 37 . 61 1172 ---------------------- ---------------------------------------- ENGI0487-004 0-7/oi/12013 Rates Frii-iges OPERATOR. Crane All Cranes Over 15 Ton Capacity . . . . . . . . - - - - $ 29 � 00 8s80 Yard Crai-ie, Hydraulic Crzine, Capacity 15, Ton and ------------------------------------------------------------ IRONO2'72-004 10101/2020 Rates Fringes IRONWORKER, STRU(."TURAL AND REINE'ORCING. . . . . . . . . . . . . . . . . . . . . . $ 25 . 79 13 . 34 ------------------------------------------------------ PAIN0365-004 06/01/2021 Rates Fringes PAINTER: Brush Only . . . . . . — . — $ 20 . 21 12 . 38 —--------------------------------------------------------- SFFLO821-001 07/01/2021 Rates Fringes 40 315 .,------------------------------------------- ,. 1 /201.34 Rates -ri ate§ Rates Friniges CARPENTER. K, .n m w m u w m u . m ,d . . . . . . . " 15 . 085 . 07 FENCE ERECTOR. a « a . a . . . .. ® w . . . .. . . . $ 9 . 94 0 . 00 LABORER: Common or General n, . . a m 4 8 . 62 0 . 00 OPERATOR: Paver (Asphalt, 11 . 00 PAINTER:DER: Roller and Spray. . . M m # . 1 m 2 ROOFER: Built Up, Composition, Hot Tar and SHEET METAL WORKER, Excludes TRUCK DRIVER, Includes D-t-inip 41 316 WELDERS Receive rate prescribed ".or cra-ft perforining oy)eration to which welding is incidental . Leave or Federal C�°a n t r a c .or s app' ies to all contracts. sub4lect -"---.o -,C-he Davis-Bacon Act, for whilch the contract is the ntraC.ftor must provide employees w-L-,,,-.h 1 hour : pla.i.. . sick leave for every 30 hours -they work, up 11--lo 56 hou-irs of paid sJ,-.ck leave eaCh year . Employees must be Permit-Ced. 1--o use paid sick '--save for A Cheir own illness, injury or other healthi-related needs, person who is like fantily 'to t1le employee) wh(,-) is ii".-F inj,ured, or has other hea-111--h-rela-1--ed needs, includinqj preventiLve care; or for --reasons resulting frorri, or to assist a family member (o�r person who -a like family to the emplovee) who is a victim of, dorr�estic violence, sexual assault, or C--a ,:in . AddICAona.1 informaL.1on on cone "ac-I:or requirements aTit worker protections under the is available at www. do",. . gov/wlid/go,,,17"-Ion,Lracts . Unlist-ed classificationLs needed for work not incltided within -t h scope of' the c l a s i ? a t i c n l i t e' may be added after award only as provided in tlie 'labor standards contract clauses (29C'FR, 5 . 5 (a) " ill ------------------------------------- The body of each wage determination lists the classification arid wage rates that have een found to be prevailing or the cited type( of construction In the area covered bv the wage determination . The classifications are listed in alphabetical order of ""identifiers"" that indicate wheth the rti :ul rate is a union gate curie union negotiated rate for local) , a survey rat 42 317 (weigh-ted average rate) or a un-Lon average rate %',weighted i,in,ion ave�rage rate) . Union Rat'le Ident-I'Lfiers A four letter classification abb.-eviation identifier I enclosed Ln dott-ed lines beginning with characters o'er 11"Iler than "11 S-IT TV$9 or TO OW T ,W UAVG"" d.enotes that the union classification and rate were prevailing for that classif-11cation in the survey . Example : PLUM0198-005 07/0"IL/2014 . PLIJM is an abbrevial--ion identifier of the union whiCh prevailed in the survey for this classificail--ion, which in th.4. s example would be Plum.Lbers . 0198 indisates the local unl`ion number or distril-It councill ntunber where applicable, i . e . , Plumbers Local 0198 . The next- number, 005 in the exaniple, lis an ini-war nal number used in processing Htne wage determinat-ion . 07,1101/201.4 is the eff-'ective date of 1--he most cilrrent nego-tiated rate, whiCh S JU y in t-Anis example J 1, 2014 Un,Lon prevailing wage rat-es are updated to reflect all ra-te char,Lges in the c0l"Lective bargaining agreement (CT-.'sA,I gove rriing t.1-1i s c.las s i f i cat io.-n and ralCe 7 Survey Ratle Identifiers ("'llassifil-ations listed under Che '"'SU'"' identifier indicate that no one rate prevailed for this classification in 'L'he survey and IChe published rate is derived by cornputtinka a -es reported 4 n weight,,ed average rate based on all the rat the survev for tha-IC. classi-fication . As this weighted average rate includes a"11.11 ra.-Ites reported in the survey, it_ -,n--union rat-es . Exa�.nple : miay J_nclude both union and no SUT 5/13,1/-901-4 . S-31), indicates "Cl he rat-es are surv-ey rates based on a weighted average calcu.1-Lation of rat-es and are noi- �, I -1-Y rates . LA ' ndi -ates the SI- a-T-e of J_ majiori, I Louisiana . 201.2 is the year of Survey oni which these c.assl fica-11--ions a.-Id rates are based. The next-I number, 007 in the example, is an -internal number used in producing +1--he wage determination . 5/13/2014 indicates the sLgrvey 4- coi�,.tpletion date for the classifiCaulons and rates under that `Ldenti fier . 43 318 Survey wage rates are not updated and remain in effect until a new survey is conducted. Unlion Average Rate Identifie-rs Classification (s) listed under the UAVG identifier indicat:e that no single miajority rate prpvailed for those 13 _L fications 1 ever 1,00% of t-he data reported for the ass4 ; -iow , classifications was union data . EXAMPLE : UAVG-Ott-001-0 08/29/220114 . UAVG indicates that the rate is a wei ghted union -average rate . Oil indicates the state . The next number, 0010 in the example, is an internal nurf'tber used in producing the wage determination . 08/29/2014 indicat-es the survey completion date for the classifications and rates under that identifier . A UAV(3 rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/C-BA rate of the union lo'cals froyn whict"i the rate is based. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1 . ) Has there been an iniltial decision in the matter" This can be : an existing published wage determination a survey underlying, a wage determination a, Wage and Hour Division letter setting forth a position on a wage deterrriination matter a con-ILormance (addit-ional classification and, rate) ruling On survey related matters, initial contact, including requests for suirunar"ies, of surveys, should be wi-th the Wage and Hour Regional Office for the area in which the survey was conducted becai.ise those Regional Offices have responsibility for the Davis-Bacon sus-vey proqrairi- If the response from this in"itial contact li.s not satisfactory, then the process des�°ribed in 2 . ) and 3 . ) should be followed. 44 319 With regard to 0-My other matter riot yet ripe for the formal Process described here, initial contact should be with the Branch of Construction Wage Determinations . Write to - Branch of Construction Wage Det'erm.inations Wage and Hour Div.ls,.-on U . "'. . Department of Labor, 200 Constitution Avenue, N .W. Washington, DC-' 2)(0210 2 ) If the answer to the question in 1 . ) is yes, then an interested party (those affected by tile act]'Lon) can request review and reconsideration from the Wage and Hour Admiriistrator (See 29 CF'R Part 1 . 8 and 29 CLFR Part 7) . Write lt-o : Wage and flour Administrator U. S . Department of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 The request should be accompanied by a full statemerit of the interested par-ty' s position and by any information (wage payment%-- data, project descriptiori, area practice material, etc . ) that the requestor considers relevant to the issue . t1le decision of the Administ-rator is not favorable, an interested oa-rty may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to , Administrative Review Board U . S . Department of Labo�r 200 Constitution Avenue, N.W. Washington, DC 20210 4 . ) All decisions by the Administrative Review Board are f, inal . END OF GENERAL DECISION" 45 320 321 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 undersigned certifies, to the best of his or her knowledge and belief, thatU 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 entering 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 subawards at all tiers (including subcontracts, sub grants, and contractS Linder, grants, loans, and cooperative agreements) arid 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 this 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 a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. P The Contractor, rtifi nr affirms the truthfulness and accuracy of each statement of I ertffication and disclosure, if any. In addition, the Contractor underst and agrees that the provisions of 31, U.S.C. Chap. 38, Administrative Remedie fo False Claims and Statements, apply to this certification and disclosure, if any. Si mature of C tractor's kuthorized Official -, Name add Title of Contractor's Authorized Official Date 47 322 DISCLOSURE OF LOBBYLNG ACTIVITIES C!COMPLEM 77-M M r—IMCLOSE LOBBY2%'G ACTV.=5 RVRISUr N-r TO 37 U S.0 73 52 1. T-q.-Pe of Fed1tral Acfiow 1. Status of Federail Avtion!: I Rep-oi.--t Type: ❑'I�. a. aria r applicalion ❑a.mir.'ai b, gmi b, =Aial awm d. b, mmehA chaagge c. coopamw.re zgceemew. Posi-a-A-ard c4m For,Matey at Chatage Only: e. Lom ran w.ee 'Vew— Xinval f. 'loan ins amc a �'ntR of Emcrep'arr. 4,. Name and Address of Reporting Earity 3. If Rep a-Ttmg E mfih,im No�.4 is Sub avardee, Em ter Name,and Ad dr ess of P rime- EIRI'me F—I subawwudee Tier Iftmewr Congy-esamADistrixt .I knoum Camgresniomal],Distrjct,if lmuwn 6. Federal Depar!m*mt.,'-Age:ucT: 7. Federal Program NNama2'DesiTjpdan: CFDA Number,,ff njrp]cable 0;• Federal Ardazi Number,iflmewr: Award Amontat.,ff Injosm: 10. a. Name.audAddress of Lobby Em ty, lt. Individ-mals Perfarmimg Sees (mcludinig. (ff as,Iasi in=ae,;fast name.Mom, addzess ff dff ueal from No. I On) 'MEZ aw na'a fas-t nanc'A""MI) (avach C ortmuation Sheer.(s",ifteces=—) 11. Amnamt of Pxvmmeitt(cherk A dtat apply), D. Type of Paymecit(ch t-all that apply) Elactual F—I Pianned F-1 0, retainer F-I b. one-cime fee 12. FGrm of Pa (check all that apply): C, corlmisiior F-I a, -'-ash d. cmtin�ent fee F-I b, ias=h e S76C12"y": 3=e e defemsj, V-32ue H f, c(thes,Specify 14. Brief,Description a-.f Senices Performed cT to be,pe3-formed aud.Dtate<s)of Service,includimg officer(s),emplor*s),Gr memben(s)comtacted..for Pailymemt Imdjcated in Rem 11: (attach C orti moat ou Meet,'s)if aecessary) 13. Coutimuatiam Sli*et(s)nittached: Yes El No F—I L6,, !nSx=r3aamq7zAs%dE= dLifcrmi'?-=�Lwin�d t�, TJ flP 2 1 U S.C.S C-j cm L 3 5-' r�r.Lw.':IDWWI;'--1"Wk jpanze: 7)I zad by has eQr mbvvp wh&m In".mmim"60M Print Name. U S.C.1,3 5 2. Tb"; imi=u--mm b s rWorwoi to Ccapv6,gywmi E-v amd wil bs n-aLably 6cr pa bIc im-pgccian. Azy,pon.omw to f-;; d-u6Dnwg iHaL bQz. �r7o mcimi-lp;mmlty afnut L-wvi cizm care: Authorized for Local'ReprMLY:nm Federal U'se Only: SIAMLIdr Form-LLL, 2-6c PAR7 2�'COUN7Y 48 323 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C.section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence,the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in Item 4 checks"Subawardee"then enter the full name,address,city,state and zip code of the prime Federal recipient. Include Congressional District,ifknown. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,if known. For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action(item 1). If known,enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1(e.g., Request for Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-00 1." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5. 10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last Name,First Name 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 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is a material change report,enter the cumulative amount of payment made or planned to be made. 12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution,specify the nature and value of the in-kind payment. 13. Check the appropriate box. Check all boxes that apply. If other,specify nature. 14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s) of Congress that were contacted. 15. Check whether or not a continuation sheet(s)is attached. 16. The certifying official 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 time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project (0348-0046),Washington,D.C.20503. SF-LLI Instructions Rev.06-04- 90«ENDIF» 2-6d PART 2/COUNTY 49 324 DRUG-FREE WORKPLACE FORM The undersigned vendor is accordance with Florida Statutes, Sec. 287.087, hereby certifies that: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintainingdrug-free workplace, any available drug counseling, rehabilitation, and employee e assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee ng ged in providing the commodities or contractual services that are under proposal a copy of the statement specified in subsection 1). . In the statement ecified in subsection (1), not!fy the employees that, as a condition of working on the commodities or contractual services that are under proposal,the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (FloridaStatutes) or of any controlled substance law of the united States or any state, for a violation occurring in the workplace no later than five ( ) days after such conviction. . Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community,unity, or any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. s the person authorized to sign the statement, I certify that this rm. mplies fully with the above requirements. (Proposer` Signature) Date: STATE l COUP F: Subscribed and sworn to(or affirmed)before me,by means o h sisal presence or 0 online notarization, o - ILI - (date) by iw4: . rt 2 (name of ffi t). He/She He/She is personally known to me or has produced (type of identification)as identification. 4UN�_ Rai:] -T U LI My Commission Expires: PROPOSAL FORM 00 12 -page 35 of 95 325 LOCAL PREFERENCE FORM A. Vendors claiming a local preference according to Ordinance 02 -2009, as amended by Ordinance No, 00 -2015 and 02 -2015, must complete this form, Name of lidded esponder: plufnilliMOAA - Date: 1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax Collector dated t least one 1)year prior to the notice of request for bids or proposals' (Please furnish copy.) 2. Does the vendor have a physical business address located within Monroe County from which the vendor operates or performs business on a day to day basis that is a substantial component of the goods or services being offered to Monroe County? y (The physical business address must be registered as its principal place of business with the Florida Department rtment of State for at lust one 1) year prig to the notice of request for bid or proposal.) List Address: oacjL _.� 1 e _ _ , Telephone Nur ber: 3o,15 B. Does the vendor/prime contractor intend to subcontract 50% or more of the gonads, service", or construction to local businesses meeting the criteria above as to licensing and location? If yes, please provide: 1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the subcontractor dated t least one(1) year prig to the notice or request for bid or proposal. .Subcontractor's physical business address within Monroe County from which the subcontractor operates: (The physical business address must be registered as its principal place of business with the Florida Department of State for at lust one(1)year prig to the notice of request for bids or proposals) Tel, NumberFL . Address Print acne: Q +f Signa'u and Title of Authorized Signatory for _v Bidder/ ,esponder STATE F; Oki COUNTY F. Subscribed and sworn to or ffirrrtied)before me,by means of ":'phys ical presence or®online notarization„ on 4 I_ (date) by a (name of affiant). He/She is personally known to me or has produced (type of identiific tlon)as identiificabon. TIFFANY FOLKS n Commis siun tl 11171 ° xVires June 2 „2024 Y PUBLIC aftBw&d Tft TMY 719 y Commission Expires: PROPOSALFORM 00120- Rage 36 of 95 326 PUBLIC ENTITYrSTATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, y not submit a bid on a contract with a public entity for the construction or repair of public building or public work, may not submit bids on leases of real property to public entity, y not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under 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 period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither 1�00,r l8 g ( roosr's name) nor any Affiliatehas been laced on the convicted von or list wits t last thirty-six ( ) months. ignt r ) Date° 6 TAT F. Okr JT F. Subscribed and sworn to (or affirmed) before me, by means of _ ,physical presence or ® online notritionp on ILI t (date) by (name of aff i nt). He/She He/She is personally known to me or has produced J,) (type of identification) as identification. TIFFANY FOLKS [�P::: e 2 ,2 24 F L �o r in ( ) y Commission Expires: PROPOSAL FORM 00 12 - Page 37 of 95 327 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Desc iption(s): if Aft ��® �+ ._.� _e . Respondent Vendor Name: � AU m 6 A Cil 4 AA ,go TA C a Vendor FEI : "vendor's Authorized representative Name and`I"itlo: t ,address: ....................................... .._ City: State: —1, Zip: _ v� Phone umber: Email Address: 43a#_q-.,p&tftibi_4n 001. coin Section 2 7.135, Florida Statutes prohibits a company from bidding on, submitting proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting r renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from bidding on,SUbrilitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more, that are on either the Scrutinized Companies with Activities in Sudan 'List or the Scrutinized Companies with Activities in time Iran Petroleum Energy Sector Lists which were.created pursuant to s.215.473, Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of Respondent, I hereby certify that the company identified above in the Section entitled"Respondent Vendor Narmme" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of 1,000,000 or more is not listed on either the Scrutinized Conmpanies with activities in Sudan List,the Scrutinized Companies with Activities in the Iran P'etroleurn Energy Sector List,or engaged in business operations in Cuba or Syria.. II understand that pursuant to Section 287.135, Florida Statutes,time submission of a false certification may su iect company to civil penalties,attorney}'s fees,and/or costs. II further understand that any contract with time County may be terminated, at the caption of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel Last or engaged in a boycott of Israel or placed on time. Scrutinized Companies with activities in Sudan List or time Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Certified y: ...... ......_.., who is authorize to sign on behalf oftile above renc:ed company. Authorized Signature: - Print armme: . _ Title: hedild Note: The List are available at the following Department artrmrent ofi'vlanagernent Services Site: httm h=www. ms..m)f(ori a.corn/bw,;ine.j% or ,raticansjstate Urch�asin;Zyg cmr informat ion convicted.SUSp!rndgc kcriminalorgy cgtp .Iaints vendor Iims PROPOSAL FOB 12 - Page 38 of 9 328 INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $100,000 Bodily Injury by Accident 500,000 Bodily Injury by Disease Policy Limits $100,000 Bodily Injury Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: 00,000 per Person 300,000 per Occurrence 00,000 Property Damage Builder's Risk Not Required Performance Bond Not Required Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify, and hold the COUNTY and the i TY's elected and appointed scars 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 typo 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 b reason of, or in connection with, ( ) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the terra of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission o Contractor or any of its employees, agents, sub-contractors, or other invitees, or ( ) 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 o liability under this contact shall be equal tot e dollar value of the contract and not less than Ilion per occurrence pursuant to Fla. Stat., Sac, 725.06. The limits of liability shall be as sot INSURANCE REQl l T AND FORMS 00130- Page 43 of 95 329 forth in the insurance requirements included in this Section 00130. Insofar as the claims, actions, causes f action, litigation, proceedings, costs, or expenses relate to events or circumstances that occur during the terra of this Agreement, this section will survive the expiration of the term this Agreement or any earlier termination of this Agreement. In the event that the completion f 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 defy. 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 ni it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited t , reduced, or lessened by the insurance requirements contained elsewhere within this T. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if warded the contract and will comply in full with all of the requirements herein, I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Got- 5 6A�) OAC( PROPOdER - Signature -. INSURANCE EQUIil E T AND FORMS 00133- Page 44 of 9' 330 t c CERTIFICATE OF LIABILITY INSURANCE °ATE4 09/1412� 021 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. IMPORTM: ffim certiflcate bolaers an ADDITIONAL MOM,the po cy es —m—u—st-Fe—andorsed. R 9101BROGAMN 19 WANIM,sublect 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 andorsement(s). PRODUCER CONE:NA TAUT Amanda HaNln PGI of West Central Florida,LLC 1AIC,No,Ext; 941-242-9619 INC.No): 941.242.9621 3809 E SR 64 AODRI SSA amanda pglofXwstcentraiflorid&(:om INSURER(S)AFFORDING COVERAGE NAIC R Bradenton FL 34208 INSURER A: Brldgeiield Employers Insurance Company 10701 INSURED INSURER B: Gary's Plumbing and Fire,Inc INSURERC: 6409 2nd Terrace INSURER D: Ste 1 INSURER E: Key West FL 33040 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE,POLICIES OF INSURANCE LISTED BEI.C)W 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. SR LTR -- TYPE OF INSURANCE rIlNDBO yWp POLICY NUMBER (MMID klM0D LIMITS COIMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S ...... w.�...... CLAIMS-MADE OCCUR PREMISES IF,A arcw7mneo} S MED EXP(Any one person)Er S PERSONAL 3 ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: )' I - - T GENERAL AGGREGATE S m- POLICY JR O- L '* .,. PRODUCTS COMP/OP AGG S OTHER E - 7'�t AUTOMOBILE UARIUTY 10 . 5 . 2 0 21 (€s sce denll s ®d o� ANY AUTO BODILY INJURY(Per person) S ALL OWNED __- SCHEDULED _ w .., BODILY INJURY(ParacddeM) S AUTOS AUTOS PROPERTY DAMAUE H RED AUTOS NONAUTE NED (Par a"idant) __ I UMBRELLA LIAB 'OCCUR I EACH OCCURRENCE S EXCESS LUIB CLAIMS-MADE AGGREGATE S DED 0 RETENTIONS S WORKERS COMPENSATION XC STATUTE ER AND EMPLOYERS'LIABILM ANY PROPRIETORIPARTNERIEXECUTIVE �Y r N�p E,L.EACH ACCIDENT s 1,000,D00 A OFFICERIMEMBER EXCLUDED? 1 '• I NIA 830-52315 02/06/2021 02/06/2022 --- _-- -- " (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE.S 1,000,000 11 yyeeaa,descobs under ,.� DESCRIP"f ON OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS r VEHICLES(ACORO 101,Addhlonel Remarks Sctwdule,may scathed N mom space Is required) CERTIFICATE HOLDER - CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners c/o Purchasing Department AUTHORIZED REPRESENTATIVE 1100 Simonton St.,Room 2.213 Key West FL 33040 � j /ClLLIlt211 1 1988.2014 ACCORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 331 Client#:66814 GARPL DATE iMMIDDlYYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 1 9114/2021 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 pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer any rights to the certificate holder In lieu of such endorsement(s). PRODUCER ;NAB Amanda Lisenbey Acrisure dba Gulfshore Ins-SF P"cR"E 239 659-8867 C.so; 239 213-2803 4100 Goodiette Rd N E-MAIL Alisenboy@gulfshoreinsurance.com ADDRE&S� y g._.M. Naples,FL 34103 INSURER(S)AFFORDING COVERAGE L NAIC k 239 261-3646 INSURER A;Obsidian Specialty Insurance Company 16871 INSURED INSURER 8:Commerce&Industry 19410 Gary's Plumbing and Fire,Inc. INSURER c:The Travelers Insurance Company 36137 6409 2nd Terrace,Suite 1 INSURER D Key West,FL 33040 __'... INSURER E INSURER F: _ - COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: _ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADOL- UBR _. _POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE IN SR 1WV0 POLICY NUMBER :(IitWDrIfYYYY) A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOOOD7800 8/13/2021 08/1312022 EACH OCCURRENCE s 1.000 000 CLAIMS-MADE X,_OCCUR P [.EaEt nce) S100 ___'0 O .m X BI/PD Ded:2,500 MID EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY E1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,11 000 _ POLICY I �I P O- LOC PRODUCTS-COMPfOPAGG s2,000,000 s OTHER: -..,....,-. COMBiH ..C_ auroatoBlLE LIABILITY X X BA4S5617752142G 8/1312021 08113/202 Ea ac+7dent 1,000,000 X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per acWent) S X AUTOSONLY AUTOS RPas€zRYYn NON-OWNEDt.. MADE $ AUTOS ONLY AUTOS ONLY s X EXCESS LIAR CLAIMS-MADE 08/131202 EACH OCCURRENCE $5 000.000 UMBRELLA LIAR AGGREGATE f5 00O 000 B X occuR X X BE049327143 8/1312021 DED 1. RETENTIONS I s WORKERSOTH- COMPENSATION IPER UT ER AND EMPLOYERS`LIABILITY " ..,." . ANTY PROPRIETOWPARTNFWEAECUTIVE YIN - t E.L EACH ACCIDENT s OFF IGERiMEMBER EXCLUDE DT i � NIA Y 1u - (Mandatory In Mi4 — E.L.DISEASE-EA EMPLOYEE $ If le ie:err a under 10 . 5 . 2 0 21 DESCR[PTi4,ZN OF OPERATIONS below -�»*^-'�"""'"®' E.E.DISEASE-POLICY LIMIT S WAW DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Monroe County Board Of County Commissioners is included as Additional Insured in regards to General Liability,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract perform CAF079 0817 Including Waiver of Subrogation.Umbrella follows forms. CERTIFICATE HOLDER - CANCELLATION Monroe County Board Of County SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE tY ty THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. C/o Purchasing Department - -- -- 1100 Simonton St.Rm.2-213 AUTHORIZED REPRESENTATIVE Key West,FL 33040 --t>1.. -.Cp ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD #S17241781M1718211 AHL18 332 GARYPLU-02 TMARKEE ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT/19/2D/YYYY) 024 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 Andrea Shaw NAME: Acrisure Southeast Partners Insurance Services,LLC PHONE FAX 1317 Citizens Blvd (A/C,No,Ext):(239)261-3646 (A/C,No): Leesburg,FL 34748 ADDRIESS:AShaw@acrisure.com INSURERS AFFORDING COVERAGE NAIC# INSURERA:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Travelers Casualty and Surety Company of America 31194 Gary's Plumbing and Fire,Inc. INSURERC:The Burlington Insurance Company 23620 64092nd Terrace,Suite 1 INSURER D:TechnologyInsurance Company, Inc 42376 Key West,FL 33040 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE Xrl OCCUR PTCGL000000078-03 8/13/2024 8/13/2025 DAMAGE TO RENTED 300,000 X X PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X fl PEA LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA-4S561775-24-42-G 8/13/2024 8/13/2025 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X X 604BE0642302 8/13/2024 8/13/2025 AGGREGATE $ 4,000,000 DED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/NTWC4465215 8/13/2024 8/13/2025 1,000,000 ANY PROPRIETOR/ R/EXECUTIVE N/A X E.L.EACH ACCIDENT $ EXCLUDED? OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below AP' 16f T E.L.DISEASE-POLICY LIMIT $ 1,000,000 DA, 9,24.__ WAMP -'v DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is included are included as Additional Insured in regards to General Liability,only as required by written contract,including ongoing operations,per form CG2010 0413 and completed operations per form CG2037 0413 on a Primary non-contributory basis per form CG2001 0413 and Waiver of Subrogation per form CG2404 0509. Additional Insured in regards to Auto Liability only as required by written contract per form CAF079 0817 including Waiver of Subrogation.Waiver of Subrogation in regards to the workers compensation per form WC000313.Umbrella follows forms. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe Count BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reser-333 The ACORD name and logo are registered marks of ACORD