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HomeMy WebLinkAboutItem N1 N1 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting September 10, 2025 Agenda Item Number: N1 2023-4428 BULK ITEM: Yes DEPARTMENT: Social Services TIME APPROXIMATE: STAFF CONTACT: Cathy Crane N/A AGENDA ITEM WORDING: Approval of First Amendment to the Agreement for Disposal of Indigent & Unclaimed Human Remains between CMJP Operations Inc., d/b/a Dean Lopez Funeral Home, and Monroe County to renew for one (1)year for a contract period of November 19, 2025 through November 18, 2026. ITEM BACKGROUND: This is a one-year extension of the existing agreement dated November 19th, 2024 between Monroe County and CMJP Operations Inc., d/b/a Dean Lopez Funeral Home, with four(4) optional one-year extensions available. This renewal is the first of the four extensions. The current $1,500 rate, established under the November 19th, 2024 agreement, remains unchanged. Rate history: $450 (prior to 2001), $900 (2/21/2001), $1,200 (10/16/2013), and $1,500 (10/16/2024). PREVIOUS RELEVANT BOCC ACTION: BOCC approved Item F24, Agreement on 11/19/2024. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Extension of Agreement for one year. STAFF RECOMMENDATION: Approval DOCUMENTATION: 6506 BACK UP Agreement F23—Dean-Lopez Funeral Home.pdf Sole Source Memo 8.22.25.pdf COI CMJP.pdf Dean Lopez—FH—1 st—Amendment-2025—Le2al apprvd 8.26.2025.pdf FINANCIAL IMPACT: Total anticipated amount $35,000.00 6507 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: November 26, 2024 TO: Sheryl Graham, Director Social Services ATTN: Lourdes Francis, Administrator Social Services Kim Wilkes Wean, Sr. Administrator Social Services FROM: Liz Yongue, Deputy Clerk SUBJECT: November 19, 2024 BOCC Meeting The following items have been executed and added to the record: F23 Agreement for Disposal of Remains between CMJP Operations Inc., d/b/a Dean Lopez Funeral Home, and Monroe County that provides for a term of one (1)year commencing upon execution by all parties, with the option to renew for four(4) additional one (1)-year extension terms. F24 Agreement for Disposal of Remains between CMJP Operations Inc., d/b/a Key West Mortuary, and Monroe County that provides for a term of one (1)year commencing upon execution by all parties, with the option to renew for four (4) additional one (1)-year extension terms. 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 6508 AGREEMENT between MONROE COUNTY,FL and CMJP OPERATIONS INC. d/b/a DEAN LOPEZ FUNERAL HOME for Disposal of Remains THIS AGREEMENT is made and entered into this 19th day of 'November—, 202 4 , by and between the Monroe County, Florida, a political subdivision of the State of Florida, with principal offices located at 1100 Simonton Street,Key West,FL 33040(the "County")and Florida CMJP Operations Inc., d/b/a Dean Lopez Funeral Home, a Florida corporation with principal offices located at 418 Simonton Street,Key West,FL 33040 (the "Contractor")to provide disposal of remains and associated services. WHEREAS, funeral homes throughout the County provide storage refrigerated facilities, and occasionally provide for disposal of remains at County's cost; and WHEREAS,the County and CMJP Operations Inc.,d/b/a Dean Lopez Funeral Home,have had an active contract for disposal of remains in effective since 2013, through a succession by merger under a different business entity name,with the operative term of services commencing on October 16, 2014 ('2014 Contract")and subsequently extended by amendments thereafter; and WHEREAS, the parties mutually agree to terminate the 2014 Contract between Monroe County and Dean-Lopez Funeral Home [sic],including the amendments thereto,and enter into this new Agreement in order to update terms and conditions related to the provision of Contractor's services,to wit: disposal of remains services, rendered for the benefit of the County; and WHEREAS, the parties find and determine this Agreement is in their best interests, respectively. Now therefore,in exchange for good and sufficient consideration,the parties hereby agree to the following terms and conditions: 1) The Recitals & Termination of Prior Agreement The parties expressly incorporate the above recitals as true and accurate representations, and mutually agree to terminate the parties' 2014 Contract with neither party having any further rights or obligations thereunder. 2) The Work/Services The Contractor must perform all work for the County required by this Agreement, and as set forth below: a. Contractor shall provide at Contractor's place of business refrigerated storage of deceased individuals transferred to their possession and disposal services as described herein. b. The services shall be limited to unclaimed bodies or those for which the County has made a determination of indigency. Bodies which are claimed by no one, but for which there are assets to cover the cost of cremation or burial are not covered by this Agreement. If the County has determined that there was no indigency,but the funeral home processes through a court of competent jurisdiction a request for disposal of assets without administration and,as a result,is paid the full amount of Page 1 of 14 6509 known assets,which im less than *|,500.00 the County shall reimburse tile funeral home the difference between $1,500.00 and the amount received through the relevant court proceeding. Court costs may be reimbursed at the discretion of the County &drniniuiro4or, or designee. No funeral service shall be authorized by County for any deceased individual processed under this Agreement. c. Contractor sba|l provide to County an original accurate Dcu1b Certificate prior to payment for services. Disposal may be by cremation or delivery of casket to the Key xVuat Cemetery, or other cemetery designated by the County, for vault in{concnL Cremation services include: the statutorily required approval by the Monroe [000{y Medical Examiner D>r cremation, and disposal of remains, including placement: in a temporary container, unless otherwise directed by the County. County ybu|| direct Contractor as to the means of disposal, whether cremation orburiu|. County represents that for euoh body it directs Contractor to process and dispose under this Agreement,County has anatomical board authority, ifupplioub|o, under Section 486.52, P.B. to dispose. d. Contractor must aupurviee the work force to cueurc that all workers conduct tbemec|vco and perform their work in asafe and professional rnonocr. Contractor must comply with all OSHA safety rules and regulations in the operation of equipment and in the performance uf1htwork. c. Contractor must comply with any and a|| Pcduru|, State, and /oou| |ana and regulations now in effect,orhereinafter enacted dUringtheterm ofthis Agreement, which are applicable{o the Contractor, its employees, agents or Subcontractors, if any, with respect to the work and services described herein. Contractor shall maintain throughout the Wrm of this Agreement, appropriate |iocnaea and insurance as required for the operation nfo[uncru| home. In addition, Contractor aba|} obtain burial transit pcnoiia and any other legally required permits for disposal or cremation o[ ur transfer of, u deceased individual. Pzoofo[uoy such license(s) ebu|l he provided 10 the County upon request. [ Contractor uAro*a to complete such b,uoo as Coonty dmerna necessary in furtherance of'its ordinances and policies, and any relevant oto1u- and/or federal- mandates. The forms may include, but are not limited to: Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion-Lower 'Fier PcdcrullIF'uoded Transactions, etc. 3) Costs County shall pay Contractor for each "unc|aimtd" or indigent body processed ci(bcr through cremation or for in|enoenL, in the amount mf$|,500.00. In the event the County has received only puMiu} remains or the remains ofun ini'u 1(or under the age of three(3) years old), County shall pay $000.00. This coo{ shall encompass burials of identified bodies, and all other services necessary for the disposal for remains by cremation or interment, including but not limited to removal and transfer of remains to funeral home,to crematory,io cemetery, or1oMonroe ouoiy Social Services Department. SpcciOcal|yfor unidentified bodies orremains,ur bodies that need tobcburied for medical,(bonaio,legal, or other reasons, additional costs of up to $800.00 may need to he added for u2loglcr casket.fhe County Will be responsible for transfer ofcrei,nated remains to family members or others uu appropriate and shall ensure the most economical and secure delivery acpvioc ponmi6ic in each set ofoiruumatyncea. u) County iy exempt from payment ofBoriduState Sales and Use taxes. Contractor ebuO not bcexempted by Virtue ofthe Couo1y`o exemption from paying sales tax to its suppliers for materials used to [u|O|| its obligations under this contract, nor is Contractor authorized 10 use the Coun|y`s Tax Exemption Number insecuring ouob materials. Contractor shall be responsible for any and all taxes, or payments pugc 2 uf|4 6510 of withholding, related to services rendered under this Agreement, b) Contractor shall submit, in arrears, invoices to County with Supporting documentation acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon general])/ accepted accounting principles and such laws,rules and regulations as may govern the disbursal of funds by the County Clerk. c) The contract amount agreed to herein may be adjusted annually, on the renewal date of each contract year, by a percentage equal to the percentage increase in the CP1 for urban consumers Im the preceding calenclar year. 4) Agreement Subject to Funding The County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County l'unds on which this Agreement is dependent are withdrawn,this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 5) Contract Term The initial contract period is for one (I) year commencing on the date written on the first page of this Agreement.The term oflhis Agreement may be extended by mutual agreement l'Or fc)Ur(4)one(I)-year extension terms. Consensus of the parties to exercise an extension may be clone administratively prior the current terin's expiration date,and must lie done in Writing. 6) (-,ontract Extension Beyond the Term In the event services are scheduled to end because of the expiration of this contract, the Contractor must continue the service upon the request of the County Administrator, The extension period will not extend for more than ninety(90)days beyond the expiration date of the existing contract. The Contractor will be compensated for the service at the rate(s) in effect,when the County invokes this extension clause. 7) Independent Contractor ']'his Agreement does not create an einployee/employer relationship between the Parties. It is the intent of the parties that the Contractor is an independent contractor under this Agreement and not the County's employee for my purposes, including but not limited to, the application of the fair Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act, the Social Security Act, the Federal Unemployment Tax Act, the provisions of the Internal Revenue Code, the State Worker's Compensation Act, and the State Unemployment InSUrafICC law, The Contractor will retain sole and absolute discretion in thejudgment of the manner and means of carrying Out Contractor's activities and responsibilities hereunder provided, further that administrative procedures applicable to services rendered under this Agreement will be those of Contractor, which policies of Contractor will not conflict with County, State, or United States policies, rules or regulations relating to the use of Contractor's funds provided for herein. The Contractor agrees that it is a separate and independent enterprise 1rom the County, that it had full Opportunity to find other business, that it has made its own investment in its business, and that it Will Utilize a high level of skill necessary to pertbrin the work. This Agreement must not be Construed as creating any.joint employment relationship between the(,,ontractor and the County and the County will not be liable for any obligation incurred by Contractor, including but not limited to unpaid minimum wages and/or overtime premiums. Page 3 of 14 6511 8) Assignment and Subcontracting Contractor must not transfer or assign the performance required by this Agreement without the prior written consent of the Board of County Commissioners. This Agreement, or any portion thereof, must not be Subcontracted without the prior written consent of the County nor may the Contractor assign any 11101lieS due or to become due to him or her, Without the previous written consent. 9) Termination In the event that the Contractor is found to be negligent in any aspect of service,the County shall have the right to terminate this Agreement after seven (7) days' written notification to the Contractor. a) 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 Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seven (7) calendar days' written notice and provide the Contractor with all opportunity to cure the breach that has occurred. If tile breach is not cured, the Agreement will be terminated for cause. Ifthe County terminates this Agreement with the Contractor, County shall pay Contractor the surn due the Contractor Linder this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert arid seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in ally event exceed the spending cap in this Agreement. In addition, tile County reserves all rights available to recuperate monies paid under this Agreement, including tile right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance,located at Section 2-721 et al. ofthe Monroe County Code. b) Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon ninety (90)days' written notice to Contractor. If the County terminates this Agreernent with the Contractor, County shall pay Contractor the surn due as of the appointed termination date, unless the cost of completion of the remaining work Under the Agreement exceeds the funds remaining in the contract. The inaxilnUrn amount due to Contractor shall not exceed the spending cap in this Agreement. 10) Indemnification & Hold Harmless a) The parties agree that one percent (1%) of the total compensation paid to Contractor for the work or services Under this Agreement constitutes specific consideration to Contractor for the indemnification to be provided Under tile Agreement. Notwiffistanding any ininiLm,1111 insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnity, and hold the County, and the County's elected and appointed officers and employees,harmless frorn and against any claims, actions or causes of action, any litigation, administrative proceedings,appellate proceedings,or other proceedings relating to any type Of injury jury (including death), loss, damage, fine, penalty Or business interrUpti011, and any costs or expenses that rnay be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with: (A)any activity of the Contractor or any of its employees,agents,contractors or other invitees during the term of this Agreernent; (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or Page 4 of 14 6512 ornission of the Contractor or ally of its employees,agents,sub-coil tractors or other invitees; or(C) the Contractor's dcfauhin respect of any ufde obligations that i1 undertakes under the terms of this &g/coouco , except to the extent tile claims, actions, causes of action, litigation, proceedings, costs or expenses arise b'om thc intentional or sole negligent acts or omissions of the County or ally of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this Agreement shall be equal to tbc dollar value of the contract and not |#m than $l million per occurrence pursuant to Section 725,O6, Florida Statutes, 'file limits o[liability shall buoe set Forth inthe inoucuuuc ccquiroouootx included in the ^1nouroucc Requircnncn\a," provisions herein. b) In the event that the completion ufthc services (to include the vvurko[othcrm} is delayed or suspended as a result Of tile Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify tile County from any and all increased expenses resulting from aucbdelay. c) Nothing contained herein is intended, nor may itbc construed, tu waive C*uoty`a rights and immunities under the common law or Section 768.28, Florida Statutes, as amended from iime to time; nor will anything included herein be construed as consent to be Sued by any third parties in any matter arising out ofthis Agreement. TO the extent considered necessary by the County, any sums due Contractor unJcr this Agreement may be retained by the County unii| all of tile Couoty`m claims subject iothis indemnification obligation have been settled or otherwise resolved, and any umoun1 withheld is not sohicc1 to payment of interest by tbe C000|y. |omobn as the claims, actions, uouoca of action, litigation, proceedings, costs or expenses re|uic to events or circumstances that ocour during the term of this Agreement, /bio section will Survive the expiration u[the tcon of this Agreement or any earlier term ivaiion ofthio AgrccnncnL 11) Discriminatory VmodurList Contractor hereby uukoow|odgcu its ooubnunua duty in disclose to the County it' the Contractor or any of its affiliates,uudcOncdby Section 287.l34(|)(u)` Florida Statutes,are placed oil the Discriminatory Vendor List. Pursuant to Section 287.134(2)(u),11*,|da 8tuiutea: '^/\ucutiiyoruDiliatewhobaabeeuplucedoo1hediooimiou1*ryvcudorliatmuy un\ suhmit ubid, proposal, or reply oil x contract |o provide any goods oraorviceu to a public entity;may tl0t SUbulit a bid, proposal, or reply oil a contract with a.public entity for the construction or repair of o public building or public work; may not aubznit bido, prupouule, or replies un icooeo of real property to a public entity; may not be awarded or purf)nn work as ucootractoc supplier, Subcontractor, o,consultant under ocontract with any public entity;and may not transact business with any public entity." 12) County Suspended Vendor List The eligibility of persons to bid for all award ofCounty contract(s),or enter into a contract, may be ouspcudtd pumuun1tosec. 2-347(l) of|bc Monroe County Code ofOrdinances, In the event all eligible person is suspended by the County after the contract is awarded, or a auependcd person is employed to purfonn work (e.g. subcontractor in u hid or 000|ruo|) pursuant to a County contract, same shall Constitute a material breach of the contract. The Couo1y, in its sole discretion, may terminate {he contract with no further liability to the cmntcuotor beyond payment of1hc portion u[ibc coo1rnu1 price that may he duo for work aa1lo[uuturi|yconnp|eted tip totile dNcof{cnoino1ioo, and hereby reserves all other rights and remedies available a1 law orioequity. Page off 6513 13) Prohibition on Conflict of Interest, Gratuities, Kickbacks,and Collusion The statements contained in this paragraph are true and correct, and made with the full knowledge that Monroe County relies upon the truth ofthe statements contained herein in awarding the contract for this set-vice. a) Conflict of Interest. Contractor covenants that it presently has no interest and will not acquire any interest that Would conflict in any manner or degree with the performance of services required. Each party hereto covenants that there is no conflict of interest or any other prohibited relationship between the County and itself'. b) Gratuities. Contractor hereby certifies that it has not offered, given, or agreed to give any Monroe County employee a gratuity, favor, or anything of' monetary value in connection with any decision, approval, disapproval, recommendation, preparation of any part of the service or award of this contract. c) Kickbacks. Contractor certifies that it has not given payment, gratuity, or offer of employment to be made by or on behalf of a Sub-contractor under a contract to Contractor or higher tier sub-contractor or any person associated therewith, as an inducement of the award of as Subcontract or order. d) Non-Collusion Statement. By signing this Agreement, Contractor certifies Under penalty of'perjury that the price proposed by Contractor was arrived at independently without, collusion, consultation, or communication for the purpose of restricting competition;and no attempt has been made to induce another person or entity to Submit a proposal,or not submit, for the purpose of restricting competition in the award of this contract. e) Conti-act Clause. The prohibitions on conflict of interest, gratuities, kickbacks, and collusion prescribed in this paragraph must be COnSpiCUOUSly set forth in every contract and subcontract and solicitation initiated by Contractor in its performance of this Agreement. 14) Ethics Clause pursuant to Monroe County Ordinance No. 010-1990 By signing this Agreement, the Contractor warrants that he/she/it has not employed, retained or otherwise had act oil his/her/its behalf any f0rJTlCr County officer or employee in violation ol'Section 2-149, Monroe County C'ode of Ordinances, or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift,or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of0rdinances. 15) Prompt Disclosure of Litigation, Investigations,Arbitration,or Admin. Proceedings Th rOUgh Out the, term of this Agreemern,the Contractor has a continuing duty to promptly disclose to the County, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings relating to or affecting Contractor's ability to perforul under this Agreement.. if the existence ot'such causes the County concern that the Contractor's ability or willingness to perform the Agreement is Jeopardized, the Contractor may be required to provide the County with reasonable assurances to demonstrate its ability to perform as required hereunder, and that its employees/agents have not or will not engage in conduct similar in nature to the conduct alleged in such proceeding. 16) Notice 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 Page 6 of 14 6514 contemplated under this Agreement shall be sent by U.S. Mail, certified, return receipt requested,postage pre-paid,or by courier with proof of delivery.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: County Administrator —Dean Lopez Monroe County 418 Simonton St. 1100 Simonton Street, Room 2-205 Key West, Fl- Key West, FL 33040 Email: Dean]opezF H(&,vahoo.com And (with copy to) Monroe County Attorney's Office I I I I l2th Street, Suite 408 Key West, FL 33040 17) Choice of Law and Venue The parties hereby agree that the only laws that apply to this Agreement are those of the State of Florida and United States of America. The parties waive the privilege of venue and agree that all litigation between them in the state courts will take place exclusively in the Sixteenth Judicial Circuit in and for Monroe County, Florida, and that all litigation between them in the federal courts will take place exclusively in the United States District Court in and for the Southern District of Florida,or United States Bankruptcy Court for the Southern District of Florida, whenever applicable. 18) WAIVER OF JURY TRIAL& MANDATORY PRE-SUIT MEDIATION BY ENTERING INTO THIS CONTRACT, EACH OF CONTRACTOR AND THE COUNTY HEREBY EXPRESSLY WAIVE ANY RIGHTS EACH MAY HAVE TO A TRIAL BY JURY RELATED TO THIS CONTRACT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT OR SOLICITATION AFTER WRITTEN NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY MAKING THE REQUEST FOR JURY TRIAL WILL BE LIABLE FOR THE REASONABLE ATTORNEY'S FEES AND COSTS OF THE OTHER PARTY CONTESTING THE REQUEST FOR JURY TRIAL,AND SUCH AMOUNTS MUST BE AWARDED BY THE COURT IN ADJUDICATING THE MOTION. THE COUNTY AND CONTRACTOR AGREE THAT, IN THE EVENT OF CONFLICTING INTERPRETATIONS OF THE TERMS OR A TERM OF THIS AGREEMENT BY OR BETWEEN ANY OF THEM THE ISSUE SHALL BE SUBMITTED TO MEDIATION PRIOR TO THE INSTITUTION OF ANY OTHER ADMINISTRATIVE OR LEGAL PROCEEDING. MEDIATION PROCEEDINGS INITIATED AND CONDUCTED PURSUANT TO THIS AGREEMENT SHALL BE IN ACCORDANCE WITH THE FLORIDA RULES OF CIVIL PROCEDURE AND USUAL AND CUSTOMARY PROCEDURES REQUIRED BY THE CIRCUIT COURT OF MONROE COUNTY. 19) Attorney's Fees and Costs County and Contractor agree that. in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. Page 7 of 14 6515 20) Cooperation in Claims for Federal or State Aid & In General Contractor arid County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications,requests,grant proposals,and funding solicitations shall be approved by each party prior to submission. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision ofthe services under this Agreement.County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer,agent,or employee of Monroe County shall be liable personally oil this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 21) Public Records County is a public agency subject to Chapter 119, Florida Statutes, as amended from time to time. To the extent (..,ontractor is a Contractor acting oil behalf of the County pursuant to Section 119.0701, Florida Statutes, as amended from time to time, Contractor must comply with all public records laws in accordance with Chapter 119, Florida Statutes. In accordance with state law,Contractor agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the County in order to perform file services. 1)) Upon request from the County's Custodian of public records, provide the County with a copy of the requested records or allow the records to be inspected or copies within a. reasonable time at a cost that does not exceed the costs provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C) Fnsure that public records that are exempt,or confidential and exempt,from Public records disclosure are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if the Contractor does not transfer the records to the County. d) Upon completion of the services within this Agreement, at no cost, either transfer to tile County all public records in possession of the Contractor or keep and maintain Public records required by the (..',0Llr1tY to perform the services. If the Contractor transfers all public records to the County upon completion of the services, the Contractor must destroy any duplicate public records that are exempt, or confidential and exempt, from public records diSCIOSUre requirements. If the Contractor keeps and maintains Public records upon completion of the services, the (.7ontractor must 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'public records, in a Format that is compatible with the information technology systems of the County. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY 110 PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF PUBLIC RECORDS, BRIAN BRA LEY, AT Page: 8 of 14 6516 PHONE NO. 305-292-3470, BRAD LEY-BRIAN(i�,,M ONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEYS OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. 11'Contractor does not comply with this Section, file County will enforce the Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in accordance with state law. 22) Audit Rights The Contractor Must tnaintain accurate books, records,documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. County reserves the right to audit the records of the Contractor for the commodities and/or services provided under the contract at any tirne during the performance and term of the contract and f'(,)r a period of five (5) State of Florida fiscal years after completion and acceptance ofthe Work by the County. Such records Must be retained by Contractor for a miniall.1111 of live(5) State of Florcla fiscal years following the close of the Agreement, or the period required for this particular type of service by the General Records Schedules maintained by the Department of State, whichever is longer. J`he Contractor agrees to cooperate with the County, and if relevant, the State Inspector General pursuant to Section 20.055(5), as amended, in any investigation and Eacilitate the duplication and transfer Of Such records upon tile County's request. Contractor agrees to SUbrnit to all audit as required by the County, Florida Fish and Wildlife Conversation Conanission, the Chief Financial Officer of the State offlorida., the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability,or other authorized representative(s)ofthe State of Florida.The Contractor must allow the County or Such other auditing agency to have access to and inspect the complete records of the Contractor in relation to this Agreement at any and all times during normal business hOL1rS for the purposes of`conducting audits or examinations or making excerpts or transcriptions. Such requirements will survive the termination of this Agreement. 23) No Third Party Beneficiaries Neither Contractor nor County intends to directly or substantially benefit a third party by this Agi,eernent. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party is or will be entitled to assertt a right or claim against either ofthern based upon this Agreement, 24) Uncontrollable Circumstances("Force Majeure") AS used herein,"Force Majeure"means the occurrence of any event that prevents or delays the perforrriance by either party of its obligations hereunder which are beyond the reasonable control of the non-performing party. L`xarnples of"Force Majeure" include, but are not lirnited to, acts ol'God, natural disasters, or emergency governmental action. To invoke this paragraph, immediate written notice, consistent with the "Notice" provisions ofthis Agreement, ra List be sent by the non-perforrning party describing the circumstances COLIStitUtilIg force nia'jeure and proof'that the non-perforniance or delay offierformalice is a direct and reasonable result Of Such event(s). Any clairn for extension of time by Contractor pursuant to this paragraph will be made not more than Seventy-two (72) hours after the commencement of the delay. Otherwise, it shall be waived. "fhe C.ontractor shall ijurnediately report [lie termination of the cause for the delay within seventy-two(72)hours after Such termination. The County reserves its right to challenge the invocation by the Conti-actor within live(5)calendar clays of receipt of said notice,in such case uninterrupted Page 9 of 14 6517 performance in required. However, in the event the invocation is accepted by the County, the Contractor Must take all reasonable measures to mitigate any and all resulting damages, costs, delays, or disruptions to the Contractor's performance requirements Linder this Agreement. All obligations must resume when the circumstances Of Such event(s) have subsided, or other arrangements are made pursuant to a written amendment to this Agreement. 25) Conditions for Emergency/Hurricane or Disaster It is hereby made a part of this agreement that before,during and after a public emergency, disaster, hurricane, flood, pandemic or other substantial loss that the Monroe County will require a"first priority" basis for goods and set-vices. It is vital and imperative that the majority of citizens are protected 'from any emergency situation which threatens public safety and health, as determined by the County Administrator. Contractor agrees to perform services for the County Or other governmental entities, as opposed to a private citizen or corporation, on a first priority basis. The County expects to pay a fair and reasonable price for all prodUCt.S/Services in the event of a disaster, pandemic, emergency or hurricane, Contractor ITILISt furnish a. twenty-four (24) hour telephone number in the event of such all emergency. 26) Public Entity Crimes Statement Pursuant to Section 287.133(2)(a.), Florida. Statutes, as amended from time to time, Contractor hereby certifies that neither it nor its affiliate(s) have been placed oil the convicted vendor list following a conviction for a public entity crime. If placed oil that list, Contractor agrees: to immediately notify the County and is prohibited from providing any goods or services to a public entity; it may not submit a bid oil a contract with a public entity for the construction or repair of a.public building or public work; it may not Submit bids oil leases of real property to a public entity; it may not be awarded or perforril, work as a contractor, Supplier, subcontractor, or consultant under a contract with any public entity; and, it may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida StatUtes, for Category TWO ($35,000), as may be amended, for a period of thirty-six (36) months from the date of being placed oil the convicted vendor list. 27) Foreign Gifts and Contracts The Contractor must comply with any applicable disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section 286.10 1(7)(b),Florida Statutes: "In addition to any line assessed under [§ 286.101(7)(a), Florida Statutes,], a, final order determining a third 01'Subsequent violation by all entity other than a state agency or political Subdivision must automatically disqualify the entity from eligibility for any grant or contract funded by as state agency or any political Subdivision until such ineligibility is lifted by the Administration Commission [Governor and Cabinet per §14.202, Florida Statutes] for good cause." 28) Scrutinized Companies and Countries of Concern per Sections 287.135, 215.473, & 287.138, Florida Statutes Contractor hereby certifies that it: a) has not been placed oil the Scrutinized Companies that Boycott Israel List, nor is engaged it) a boycott of Israel; b) has not been placed oil the Scrutinized Companies with Activities ill Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism Sectors List (formerly the Iran Petroleum I.."nergy Sector List); and c) has not been engaged in business operations in Cuba or Syria. If County determines that Contractor has f`alsely certified facts under this paragraph, or ifContractor is found to have been placed on a list created pursuant to Section 215.473, Florida Statutes, Page 10 of 14 6518 as amended, or is engaged in a boycott of Israel after the execution of this Agreement, County will have all rights and remedies to terminate this Agreement consistent with Section 287.135, Florida Statutes, as amended. The County reserves all rights to waive certain requirements of this paragraph on a case-by-case exception basis pursuant to Section 287.135, Florida Statutes, as amended. Beginning January 1. 2024, the County must not enter into a contract that grants access to an individual's personal identifying information to any Foreign Country of Concern such as: People's Republic Of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolds Maduro, or the Syrian Arab Republic, unless the Contractor provides the County with all affidavit signed by all authorized representative of the Conti-actor, under penalty of perjury, jury, attesting that the (.."ontractor does not meet any of the criteria in subparagraphs(2)(a)-(c)of'Section 287,138, Florida. Statutes, as may be amended. Beginning January 1, 2025, the County must not extend or renew any contract that grants access to an individual's personal identifying information unless the Contractor provides the County with an affidavit signed by all authorized representative of the Contractor, tinder penalty of perjury, attesting that the Contractor does not meet any of the criteria in subparagraphs(2)(a)-(c)ot'Section 287.138, Florida Statutes, as may be amended. Violations of this Section will result in termination of this Agreement and may result in administrative sanctions and penalties by the Office of the Attorney General of the State of Florida. CMJP Operations Inc., d/b/a Dean Lopez Funeral Home, is not owned by the government. of a Foreign Country of Concern, is not organized under the laws of nor has its Principal Place Of Business in a Foreign Country of"Concern, and the government of a Foreign Country of Concern does not have a Controlling Interest in the entity. Under penalties of per'jury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Narne: r i I I e i!�nal L i re.: Date.: 29) Noncoercive Conduct for Labor or Services As a nongovernmental entity Submitting a proposal, executing, renewing, or extending a contract with a government entity, Contractor is required to provide all affidavit under penalty of perjury attesting that Contractor does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As an authorized representative of Contractor, I certify under penalties of perjury that Contractor does not use coercion for labor or services as prohibited by Section 787.06. Additionally, Contractor has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. 30) Nondiscrimination Covenant The Contractor and (..,oLjiity agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a Court oil' competent jurisdiction that discrimination has occurred, this Agreement automatically terminates Without any further action oil the part of any party, eff-ective the date ol'the court order, Contractor agrees to comply with all Federal and I"lorida statutes,and a.11 local ordinances, as applicable, relating to nondiscrimination, These include but are not limited to: I) Title VII of the Civil Rights Act of 1964 (PI, 88-352) which prohibits discrimination in Page I I of 14 6519 ernployment on the basis of race, color, religion, sex or national origin; 2) Title IX of tile Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3)Section 504 ofthe Rehabilitation Act of 1973, as amended (20 USC 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 Alcoholisrn Prevention, Treatment and Rehabilitation Act of 1970 (Pl, 91-616), as amended, relating to nondiscrimination oil the basis of alcohol abuse or alcoholism; 7) ]-'lie PLiblic 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 Vill of the Civil Rights Act of 1968 (42 LJSC 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 oil the basis of disability; 10) Monroe County Code Chapter 14, Article it, which prohibits discrimination oil the basis of race, color, sex, religion, national origin, ancestry, Sexual orientation, gender identity or expression, familial status or age; I I) The pregnant Workers Fairness Act (PWFA) PUI-SUallt to 42 U.S.C. 2000gg et seq.;and 12)Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the SUbJeCt Matter 01" this Agreement. 3t) E-Verify Requirements Effective Jarulary 1, 2021, public and private ernployers, contractors and Subcontractors must require registration with, and use of the F-verify system in order to verify the work authorization status of all newly hired employees. Contractor acknowledges and agrees to utilize the U.S. Department of I lorneland Security's E-Verify System to verify the ernployi-rient eligibility of- a) All persons employed by Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including subven(lors/SLibcoiisultaiit,S/SLIbcojitractot-s) assigned by Contractor to perform work pursuant to the contract with the County. The Contractor acknowledges and agrees that use of the U.S. Department ot'l-lorrieland Security's Ea.-Verify System during the term of the contract is a condition of the contract with the County. By entering into this Agreement, the Contractor becomes obligated to comply with the Provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as arriended from time to time, ']"his includes, but is not limited to, Utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit to Contractor attesting that the subcontractor does riot employ,contract with,or Subcontract with, all unauthorized alien. Contractor agrees to maintain a COPY 01"Such affidavit for the duration of this Agreement. Failure to comply with this paragraph will result in the termination of this Agreement as provided in Section 448.095, Florida Statutes, as amended, and Contractor may not be awarded a public contract for at least one (I) year after the date on which the Agreement was terminated. Contractor will also be liable for any additional costs to County incurred as a result of the; termination of this Agreement in accordance with this Section. Upon executing this Agreement., Contractor will provide proof of enrollment in E.-verify to the County. 32) Antitrust Violations; Denial or Revocation under Section 287.137, Florida Statutes pursuant to Section 287.137, Florida Statutes, as may be amended, a person or all affiliate who has been placed on the antitrust violator vendor list (electronically published and 11,,.ige 12 of 14 6520 updated quarterly by the State of Florida) following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply for any new contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply for a new contract with a public entity for the construction or repair of public building or public work; may not submit a bid, proposal, or reply on new leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier, subcontractor, or consultant Linder a new contract with a public entity; and may not transact new business with a public endiy. By entering this Agreement, Contractor certifies neither it nor its affiliate(s) are on the antitrust violator vendor list at the time of entering this Agreement. False certification Linder this paragraph or being subsequently added to that list will result in termination of this Agreement, at Ihe option of the County consistent with Section 287.137, Florida Statutes, as amended. 33) Environmental and Social Government and Corporate Activism pursuant to Section 287.05701, Florida Statutes, as may be amended, the County cannot give preference to a contractor based on social, political or ideological interests as defined in the statute. Contractor is also prohibited from giving preference to any of its subcontractors based on the above referenced factors. Violations of this Section will result in termination ofthis Agreement and may result in administrative sanctions and penalties by the Off-lee of the Attorney General ofthe State of Florida. 34) Merger; Amendment This Agreement COIlStitUtes the entire Agreement between the Contractor and the County, arid negotiations and oral understandings between the parties are merged herein. This Agreement can be SUppleniented and/or amended only by a written document executed by both the Contractor and authorized designees ofthe County. 35) Interpretation The titles and headings contained in this Agreement are for reference Purposes only arid will not in any way affect the meaning or interpretation ofthis Agreement. All personal pronouns used in this Agreement include the other gender, and the singular includes tile plural, and vice versa, unless the context otherwise requires. Terms such as "herein" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise reqUiNS. Whenever reference is made to a section or article ofthis Agreement, Such reference is to the section or article as a whole, including all subsections thereof, unless the reference is made to a particular subsection or subparagraph Of'such section or article. Any reference to "days" means calendar days, LH11CSS otherwise expressly stated. 36) Joint Preparation It is acknowledged that cacti part)/to this Agreement had the Opportunity to be represented by counsel in the preparation of this Agreement and accordingly the rule that a contract will be interpreted strictly against the party preparing same does not apply herein due to the joint contributions of both parties. 37) Severability; Waiver of Provisions Any provision in this Agreement that is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or Unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability ol'such provisions in any other jurisdiction.The non-eriforcernent of any provision by either party will not constitute a waiver of that provision nor will it affect the enforceability ofthat provision or ofthe remainder ofthis Agreement. I'age 13 of 14 6521 38) Signatory Authority Upon request, the Contractor must provide the County with copies of requisite documentation evidencing that the signatory,for Contractor has the authority to enter into this Agreement: 39) Counterparts and Multiple Originals. This Agreement may be executed in multiple originals, and may be executed in counterparts,each,of which is hereby deemed to be original, but all of which,taken together,constitutes one and the same agreement. IN WITNESS WHEREOF,County and Contractor have executed this Agreement as of the date first written above. CONTRACTOR: CMJP OPERATIONS INC.d/b!a DEAN LOPEZ FUNERAL HOME Signing through its Sole Manager,CMJP Holdings Inc.; Signing through its President,Peter E. Batty By: `t 17— STATE OF FLORID A Print Name&Title COUNTY OF Monroe The foregoing instrument was sworn to£tliinmd and a6k-no wledged 116116re me,by means of�hysieal.presence or❑online nouari.aijon,this , day ol,1Vovemlzer . ?ti`4 ,.by Peter B, Batty, President of CMJP Holdings Inc„ Sole Manager of CM-11'Operations II'm, dr/k Dean Lopez Funeral Home, a Florida corporation. I ;+S� he'iti r;cinal[}: known tto it/dr-has produced (tvii4 of identfic ttic�tt}as id�;nt:iiic� ntir $TEYENREEVES Signaturepl(( I at Public *a W COMMISSION 0 NN 6?3487 a, Q°p EXPIRES.Jut 30,2428 Steven Reeves (Print&Stamp Commissioned Name of Notary Public) BOARD OF COUNTY COMMISSIQNERS OF M N. E C NT ,FLORICDA: at Mayor (SPal) w -? Attest I�evi�Madok,Clerk }t 5J Deputy Clerk Appto!ed"as to legal form&sufficiency; Digl lly,19.Abybs M.Lewis - -- - - - ' Eve M.Lewis oMle.2024.1145IMSg-nsoa � __ C-ri C Eve M.Lewis,Ass istant County Attorney ' Page 14 of 14 6522 711/8/2024 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 3152 Northside Drive, Unit 201A&201 B A/C No Ext: 305-294-1096 A/c,No):305-294-8016 Key West FL 33040 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:L100460 INSURERA: Hartford Underwriters Insurance Company 30104 INSURED CMJPHOL-CD INSURER B: Nutmeg Insurance Company 39608 CMJP Holdings Inc dba Florida Keys Funeral Service INSURERC: Hartford Fire Insurance Company 19682 418 Simonton St Key West FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1937189718 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y 21SBMBB2VME 10/31/2024 10/31/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 APPROVED BY RISK MANAGEMENT PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: BY-; GENERAL AGGREGATE $2,000,000 X POLICY❑ PRO JECT ❑ LOC DATE 1 ]/1 2-12 7.4 PRODUCTS-COMP/OP AGG $2,000,000 OTHER: WAIVER NIA YES $ B AUTOMOBILE LIABILITY 21UECDR2997 12/2/2024 12/2/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR 21SBMBB2VME 10/31/2024 10/31/2025 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ C WORKERS COMPENSATION 21WECBB2WDB 10/31/2024 10/31/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County is afforded additional insured status as per the embedded coverages found in the coverage forms when required by written contract,agreement or permit but only as respects to the liability of the insured, pursuant to the terms,conditions, limitations and exclusions of the listed policies. 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 1111 12th Street, Suite 408 AUTHORIZED REPRESENTATIVE Key West FL 33040 -- /' ( ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 6523 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 414 HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6524 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 414 HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any'occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6525 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 414 HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6526 County of Monroe � BOARD OF COUNTY COMMISSIONERS Mayor Janles K.Scholl,District 3 The Florida Keys "t Mayor Pro Tem Michelle Lincoln,District Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Monroe County Community Services Harvey Government Center 1200 Truman Avenue, Suite 204 Key West, Florida 33040 MEMORANDUM To: Purchasing Office From: Cathy Crane Director Date: August 22, 2025 Subject: Sole Source Justification—Funeral Home Agreements (First of Four Renewal Options) -------------------------------------------------------------------------------- In accordance with the Monroe County Purchasing Manual, Chapter 7,Exclusions, Subsection A—Sole Source, this memorandum provides justification for the sole source procurement related to the above- referenced agreements. The County previously entered into contracts with the only operational funeral homes in Monroe County to provide essential services. These contracts included four(4)one-year extension options. The County now seeks to exercise the first of four(4)one-year renewal options. The agreements cover services provided by Allen Beyer Funeral Home (Tony Allen), Dean Lopez Funeral Home (Peter E. Batty), and Key West Mortuary (Peter E. Batty). These businesses are independently owned by two individuals and represent the only operational funeral homes within the County. As these are the only funeral homes currently operating within Monroe County, and because the required services must be performed locally, obtaining quotes from outside the County would be unfeasible. Furthermore, soliciting such quotes would be impractical given the location-specific and time-sensitive nature of the services. Based on the foregoing, I hereby certify that the procurement of these services qualifies as a sole source under Chapter 7, Subsection A of the Monroe County Purchasing Manual, and that exercising the first renewal option represents a valid sole source procurement. Cathy Crane Director of Community Services Social Services Department 6527 711/8/2024 E(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Key West Insurance PHONE FAX 3152 Northside Drive, Unit 201A&201 B A/C No Ext: 305-294-1096 A/c,No):305-294-8016 Key West FL 33040 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# License#:L100460 INSURERA: Hartford Underwriters Insurance Company 30104 INSURED CMJPHOL-CD INSURER B: Nutmeg Insurance Company 39608 CMJP Holdings Inc dba Florida Keys Funeral Service INSURERC: Hartford Fire Insurance Company 19682 418 Simonton St Key West FL 33040 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1937189718 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERAL LIABILITY Y 21SBMBB2VME 10/31/2024 10/31/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES Ea occurrence $1,000,000 MED EXP(Any one person) $10,000 APPROVED BY RISK MANAGEMENT PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: BY-; GENERAL AGGREGATE $2,000,000 X POLICY❑ PRO JECT ❑ LOC DATE 1 ]/1 2-12 7.4 PRODUCTS-COMP/OP AGG $2,000,000 OTHER: WAIVER NIA YES $ B AUTOMOBILE LIABILITY 21UECDR2997 12/2/2024 12/2/2025 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLALIAB X OCCUR 21SBMBB2VME 10/31/2024 10/31/2025 EACH OCCURRENCE $5,000,000 EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$1 n nnn $ C WORKERS COMPENSATION 21WECBB2WDB 10/31/2024 10/31/2025 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTEI ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $100,000 OFFICE R/M EMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $100,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Monroe County is afforded additional insured status as per the embedded coverages found in the coverage forms when required by written contract,agreement or permit but only as respects to the liability of the insured, pursuant to the terms,conditions, limitations and exclusions of the listed policies. 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 1111 12th Street, Suite 408 AUTHORIZED REPRESENTATIVE Key West FL 33040 -- /' ( ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 6528 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 414 HARTFORD BLANKET ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following: BUSINESS LIABILITY COVERAGE FORM Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply. A. The following is added to Section C. WHO IS AN INSURED: Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part. The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured. The insurance afforded to such additional insured only applies to the extent permitted by law. The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS. a. Vendors Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions: This insurance does not apply to: (a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; Form SL 30 32 06 21 Page 1 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6529 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 414 HARTFORD (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or"property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Paragraphs (d) or(f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment (1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence"which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any'occurrence"which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for"bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In connection with your premises; (b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for"bodily injury" or"property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including: (i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property Form SL 30 32 06 21 Page 2 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6530 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THE 414 HARTFORD damage", or"personal and advertising injury" arises out of the rendering of or the failure to render any professional service. e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or"property damage" included within the "products-completed operations hazard". f. Any Other Party (1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if: (i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, surveying, inspection, architectural or engineering activities. This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the "bodily injury", "property damage", or "personal and advertising injury" arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above. Form SL 30 32 06 21 Page 3 of 3 ©2021, The Hartford (May include copyrighted material of Insurance Services Office, Inc., with its permission) 6531 Is'AMENDMENT TO AGREEMENT FOR DISPOSAL OF REMAINS CMJP OPERATIONS INC. d/b/a DEAN LOPEZ FUNERAL HOME MONROE COUNTY THIS 1st AMENDMENT to the Agreement for Disposal of Remains is made and entered into this day of , 2025,by and between Monroe County, a political subdivision of the State of Florida,whose address is The Historic Gato Building, 1100 Simonton Street, Suite 1-190, Key West, Florida 33040 (hereafter "County"), and CMJP Operations,Inc., d/b/a Dean Lopez Funeral Home, a Florida business whose address is 418 Simonton Street, Key West, Florida 33040 (hereafter"Contractor"). WHEREAS,on November 19, 2024, the County and the Contractor entered into an Agreement for Disposal of Remains ("Original Agreement"); and WHEREAS,the parties continue to find the Agreement mutually beneficial, and the Contractor remains willing and able to provide the services described therein; and WHEREAS,the parties desire to extend the term of the Agreement and affirm all other provisions. IN CONSIDERATION of the following mutual promises and benefits,the parties agree as follows: Section 1.Amendment to Term. Paragraph I of the Original Agreement, as amended,is hereby further amended to provide that the Agreement is extended for an additional one (1)year term commencing November 19, 2025, and terminating November 18, 2026,unless earlier terminated in accordance with the Agreement. Section 2.Affirmation of Agreement. All provisions,terms, and conditions of the November 19, 2024 Original Agreement that are not inconsistent with this Amendment shall remain in full force and effect. Section 3.Authority to Amend. This Amendment has been duly authorized by the governing body of the County and the authorized representative of the Contractor, and each signatory below represents and warrants that he or she has full power and authority to execute this Amendment on behalf of the respective party. IN WITNESS WHEREOF,the County and Contractor have executed this 1st Amendment as of the date first written above. BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor James K. Scholl Date: Date: WITNESSES CONTRACTOR By: Signature Peter Batty Title: President Signature Date: Approved as to legal form&sufficiency: Jeni-Lee Mac Laughlin 6532 Monroe County Assistant County Attorney