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Item F18
00 EIGHTH AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Eighth Amendment to Agreement is made and entered into this 12 1h day of November 2025, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, ("CONTRACTOR"), the address of which is 6409 2 d Terrace, Suite 1, Key West, Florida 33040 (collectively, the"Parties"). WHEREAS, on October 20, 2021, the Parties entered into an Agreement for Full Maintenance Fire Protection Systems ("Agreement") whereby the Contractor agreed to provide the County with the inspection, testing, maintenance, and repairs as well as assuring that the equipment was in proper operating condition to protect against unpredictable repair expenditures as well as to ensure reliability and efficiency; and WHEREAS,on April 20,2022,the Board of County Commissioners("BOCC")approved a First Amendment tote 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 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 to the Agreement to provide for an annual CPI-1J 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, to delete the old Plantation Key Jail location, and to add and/or update provisions to allow for the option of the COUNTY to request from the CONTRACTOR only a proposal/quote for replacement equipment or parts and all associated installation; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to the Agreement 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, Severs Five and 00/100 ($393,775,00) Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment to the Agreement to include Pigeon Key as an additional Middle Keys location in the current contract, and to update and/or add current revisions pursuant to the Monroe County Code of Ordinances and/or Federal required contract provisions; and 00 WHEREAS, on October 16, 2024, the BOCC approved a Sixth Amendment to the Agreement to provide for an annual CPI-U increase of 3.4%, pursuant tothe Agreement, and to renew the to for an additional one-year period; and WHEREAS, on October 15, 2025, the BCS approved a Sixth Amendment to the Agreement to provide for an annual CPI-U increase of 2.9%, pursuant tote Agreement, and to renew the to for an additional one-year period; and WHEREAS,the parties find it would be mutually beneficial to include the Monroe County Sheriff Firing Range and the Monroe County Emergency Operations Center as additional Middle Keys locations, and the Clerk's Offisite Record Storage as a Lower Keys location retroactive to November 1, 2025; and WHEREAS, the Original Agreement, as amended in the Fourth Amendment, provides in Paragraph 5 (E) that the total compensation to the Contractor shall not exceed Three Hundred, Ninety-Three Thousand, Seven Hundred Seventy-Five and 00/100($393,775,00)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 and 00/100 ($8,000.00) Dollars due to additional locations being included in the service; 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 Eighth Amendment to the Agreement; and 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 to the Contractor under the Original Agreement,as amended,shall be increased and shall not exceed Four Hundred One Thousand, Seven Hundred Seventy-Five and 00/100 ($401,775,00) Dollars per year, unless pre-approved work requiring additional funds is implemented. 1 In accordance with Subparagraph 5(D) of the 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: $212.18 per hour, mechanic $318.28 per hour, mechanic plus helper S 106.1 per hour, mechanic helper working alone or additional helper 2 V) I* 00 Overtime rate for hours other than the normal working hours as stated above, including holidays: $318.28 per hour, mechanic $477.41 per hour, mechanic plus helper $159.15 per hour, mechanic helper working alone or additional helper Parts Cost Plus: Fifteen percent (15%) 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: ...........................................I...............--_............................................ ..............................................................................._........................._.............-..............___--------- ............. One (1), Five (5) Year Inspection Test (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: Monroe County Detention Center 5501 College Road $3,879.89 cost/w. Key West, FL 33040 Harvey Government Center 1200 Truman Avenue $2,243.07 cost/yr. Key West, FL 33040 Lester Building 530 Whitehead Street $1,242.77 cost/vr. Key West, FL 33040 900.00 5 yjo J.n§pgction Monroe County Courthouse 502 Whitehead Street $1,242.77 cost/vr. Annex/Old ]ail Key West, FL 33040 Marathon Government Annex 490 63,d Street, Ocean �5 9 _co s t/�r. 3 00 Marathon, FL 33050 1500.00 5 vr. insvection Marathon Jail 3981 Ocean Terrace $1 030,5�9cost/ r., Marathon, FL 33050 $500.00 5 yl, ins ection Pigeon Key 1090 Overseas Highway I22,260.82 cost!w. Marathon, FL 33050 a15,000 5 vr. inspection Plantation Key Courthouse and 88770 Overseas Highway $10,878.20 cost/vr. Detention Center(new) Tavernier, Fl, 33070 (TESTING SCHEDULED AROUND COURT HEARINGS) N/A .. 5 U. inspection Emergency Operations Center Building and Risers Inspection 7280 Overseas Highway 2,820.00jgg/W, Marathon, FL 33050 Clean Agent Inspection 7280 Overseas Highway 12I00.00 cost/vr. Clerk of Court Rockland Storage I I I Overseas Highway Key West, FL 33050 The following buildings will require: One (1), Five (5) Year Inspection Test (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: ___.................,11'll'I.-I-1.11,'ll'I.1--l'.............-............... .............. ................ Monroe County Historic Courthouse 500 Whitehead Street _t.,2,42m77 --c-0—st—lyr—, Key West, FL 33040 As ction ....p ....................... Monroe County Sheriff 5525 College Road J2,J21.81 costL Administration Bldg. Key West, FL 33040 ....... .............. Dept. of Juvenile Justice Building 5503 College Road $2000J7 1 cQst/y . —1 Key West, FL, 33040 4 ti 00 $1,000b0 5 yr. Supervisor of Elections 5200 College Road JQ�k 54. cost/vr. Key West, FL 33040 1590.00--- 5 yr.�inseqtion Freeman Justice Center 302 Fleming Street $2,121.81 cost—/M Key West, FL 33040 (TESTING SCHEDULED AROUND COURT HEARINGS) 1QQL00-- 5 M insp tion --- - Murray Nelson Government Center 102050 Overseas Highway j1 QX59 cost/vr Key Largo, FL 33037 $1,000.00 5 vr. insDection Monroe County Fire Station No. 17 10 Conch Avenue $63 .�54 _cost/yr, Conch Key, FL 33050 M19-0 ----------5-Y1J!mmfiQq Monroe County Fire Station No. 13 390 Key Deer Blvd. J636,54__ co_st/yr. Big Pine Key, FL 33043 $500,00 5.....yr,.....i ......................... ...... Monroe County Fire Station No, 8 61802 d Avenue a636.54 cost/yL. Stock Island, FL 33040 in ction Joe London Fire Training Academy 56633 Overseas Highway $636J4 coqtJvr- Crawl Key, FL $5.QQ,..QQ............................................. yj.........i n.v jinn. Bernstein Park 6751 51h St. JOL.5.4..._c go s t/yr. Stock Island, FL 33040 nj , tion 4sp-gqm— Monroc County Fire Station No, 11 22352 Overseas Highway 16 L�54 _cost/ Cudjoe Key, FL 33042 $5WQQ_.......... ---!!%&qtJ-,o-n 5 00 I* 00 Marathon Library 3490 Overseas Highway $636.54 cost/vr. Marathon, FL 33050 $500.00 5 w. inspection Monroe County Sheriff Firing Range 10430 Overseas Highway $1,690.00 gpg�/ r. Marathon, FL 33050 WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES, PRIMARIL Y THE COUR THOUSES,IT MA Y BE NECESSAR Y TO SCHED UIX INSPECTIONS BEFORE OF A FIER NORMA L B USINESS HO URS. 3. Except as set forth in Paragraph I of this Eighth Amendment to the 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 PACE TO FOLLON111 6 a� 00 WITNESSIN F, the parties hereto have set their hands and seals the day and year first above written. (SEAT.,) COUNTYBOARD OF ISSI Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA y: y� —___________________. s Deputy l'Ierk Mayor Date: ATTORNEYS k6U ; Ar 0 AM . �-JI � Witnesses for CONTRACTOR-ACTOR- CONTRACTOR.: (Jr If Y'S PL,IJ BIND AND, FIRE, INC, P I/ Signature 'af person Ithiorizedto ,1,11111"" igna, ire legally ally bind CONTItkiCTOR A+ Print 'arr� iW� Int 1lara anal Title PIP zx Si natnn I _ ��' Irjr W _._ -.._______-_—--------------- DatePrint Name Telephone Number Late 7 CD to 00 SEVENTH AMEN T TO T FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS FLORIDAMONROE COUNTY, This Seventh Amendment to Agreement is made and entered into this 151n day of October 2025, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and GARY'S PLUMBING AND FIRE, INC., a Florida for Profit Corporation, ("CONTRACTOR"), the address of which is 6409 2nd Terrace, Suite 1, Key West, Florida 33040 (collectively, the"Parties'). WHEREAS, on October 20, 2021, the Parties entered into an Agreement for Full Maintenance Fire Protection Systems ("Agreement") whereby the Contractor agreed to provide the County with the inspection, testing, maintenance, and repairs as well as assuring that the equipment was in proper operating condition to protect against unpredictable repair expenditures as well as to ensure reliability and efficiency; and WHEREAS,can April 20,2022,the Board of County Commissioners (` OCC")approved a First Amendment to the 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 ousand and 00/10 ( 135,000.00) Dollars; and WHEREAS, on September 21, 2022, the BOCC approved a Second Amendment to the Agreement to provide for an annual CPI-U increase of 7%, pursuant to the Agreement, and to renew the term for an additional one-year period; and WHEREAS, on November S, 2023, the BOCC approved a Third Amendment to the Agreement to provide for an annual CPI-U increase of 6.5%, pursuant to the Agreement, to renew the term for an additional one-year period, to include the new Plantation Ivey Courthouse and Detention Center as an additional Upper Keys' location, to delete the old Plantation Key Jail location, and to .add and/or update provisions to allover for the option of the COUNTY to request from the CONTRACTOR only a proposal/quote for replacement equipment or parts and all associated installation; and WHEREAS, on May 15, 2024, the BOCC approved the Fourth Amendment to the Agreement 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. 0/10 ( 393,775,00) Dollars; and WHEREAS, on July 17, 2024, the BOCC approved the Fifth Amendment to the Agreement to include Pigeon Key as are additional Middle Keys' location in the current contract, and to update and/or add current revisions pursuant to the Monroe County Code of Ordinances and/or Federal required contract provisions; and T_ to 00 WHEREAS, on October 16, 2024, the BOCC approved a Sixth Amendment to the Agreement to provide for an annual CPI-U increase of 3.4%, pursuant to the Agreement, rid t renew the term for an additional one-year period, and WHEREAS, the parties desire to amend the Agreement, as amended, to provide for an annual CPI-U increase of 2.9%pursuant to the Agreement and to renew the term for are additional one-year period; and WHEREAS,the parties have found the Agreement,as amended,to be mutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to enter into this Seventh Amendment to theAgreement; and THEREFORE,NOW IN CONSIDERATIONof the mutual promises and covenants set forth below, the Parties agree as follows: 1, In accordance with Paragraph 6 of the 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,Se Department of Commerce Consumer Price Index (CPI-[I) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 2.9%, with an effective date of November 1, 2025. 1 Ire accordance with Paragraph 6 of the Agreement, the County exercises the option to renew the agreement for the fourth of(4) four optional (1) one-year periods. This renewal shall commence on November 1, 2025, .and ends upon October 31, 2026, unless terminated earlier under another paragraph of the Agreement. 1 In accordance with Subparagraph 5( )of the Agreement, the cost of labor used y 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: 0 a.m. to 5: 0 p.m,, Monday through Friday, excluding holidays; $212.18 per hour, mechanic $318.28 per hour, mechanic plus helper 1 6,10 per hour, mechanic helper working alone or additional helper Overtime rate for hours other than the normal working hours as stated above, including holidays $318.28 per hour, mechanic 477.41 per hour, mechanic plus helper $159.15 per hour, mechanic helper working atone or additional helper 04 to 00 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), Five (5) Year Inspection Test (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: .............................................................-------------—.1-1-........... J Monroe County Detention Center 5501 College Road $3 879.89 cost/yr. Key West, FL 33040 i3,000,00 5 w. ins nection Harvey Government Center 1200 Truman Avenue $2,,243.07 coLt/yr. Key West, FL 33040 $ iqsp L QQ,.QQ 5 y.1�,............. ..pcti.o.n. Lester Building 530 Whitehead Street 11242J7.................!qs 6 L Key West, FL 33040 $i.QQQ...QQ 5 Y'.....Jnsp figg ......... Monroe CPounty Courthouse 502 Whitehead Street L 4177.................P9sVn. Annex/Old Jail Key West, FL 33040 (TESTING SCHEDULED AROUND COURT HEARrNGS) 5 yr.�Jns ection Marathon Government Annex 490 63'd Street, Ocean . ................. . .stf :�.a. Marathon, FL 33050 pe1QA 5 n in....... � ......................... ction Marathon Jail 3981 Ocean Terrace Marathon, FL 33050 $f 0 r_..Q �.QQ................................5 y, i s ection ......... .... ........ ........ ....19 p............... 3 M L0 00 Pigeon Key 1090 Overseas Highway $22,960.82 post/yr. Marathon, FL 33050 $15-------000 5Xr. ins ection ----p Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway $10.878.20 cost/vr. Tavernier, FL 33070 N/A 5 Vr. in.—.,*;-- The following buildings will require: ........................... .................... ------- .......... One (1), Five (5) Year Inspection Test (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 $1,242.77 cost/vr. Key West, FL 33040 jj_&�00 �5 .�ms e�ction Monroe County Sheriff 5525 College Road $2,121.81 cost-ly-t! Administration Bldg. Key West, FL 33040 -----5-,a.-lens pection Dept. of Juvenile Justice Building 5503 College Road $2,000.57._2Boast/ . Key West, FL 33040 Supervisor of Elections 5200 College Road $636,54, �t/ Key West, FL 33040 !$.m (LQQ .1. ins L _qtm Freeman Justice Center 302 Fleming Street $2,1 !1,81 cost/yr, Key West, FL 33040 .y i s ection... .........A P........................................ Murray Nelson Government Center 102050 Overseas Highway I1 QN.59--cost/ Key Largo, FL 33037 11190M............................... 4 ,I* L0 00 Monroe County Fire Station No. 17 10 Conch Avenue $636.54 cost/31 Conch Key, FL 33050 jfQQ.00——— 5 3T. inspection Monroe County Fire Station No. 13 390 Key Deer Blvd. $63&54 cost/yr. Big Pine Key, FL 33043 15QQ.00---- 5 yr. ins �cfion Monroe County Fire Station No 8 61802 d Avenue $636,54 Stock Island, FL 33040 15QQ.00--- 5 yr. inspection Joe London Fire Training Academy 56633 Overseas Highway $ 63&54 cost/!a Crawl Key, FL 159Q.00----52r. inspection Bernstein Park 6751 5 1h St. $63&54 cgLt/yr, Stock Island, FL 33040 15��OO �5�jns�ection, Monroe County Fire Station No. I I(-new) 22352 Overseas Highway 636,54----cost/yr. Cudjoe Key, FL 33042 UDLOO __-53T. inspection Marathon Library (new) 3490 Overseas Highway gjh_.�54 _cost/� . Marathon, FL 33050 $500.00 5 vr, inspection WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FA CILITIES, PRIMARIL Y THECOUR THOUSES,IT MA Y BE NECESSAR Y TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL BUSINESS HOURS. All other provisions of Paragraph 5, D. of the Original Agreement, as amended, remain the same. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK� [SIGNATURE PAGE TO FOLLOW] 5 LO to 00 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor Date: MONROE COU94TY ATTORNEY'S OFFICE APPROVED AS TO FORM DATE* Witnesses for CONTRACTOR: CONTRACTOR: GARY'S PLUMBING AND FIRE, INC, By: cfi244�4 Signature of persJn authorized to Si re legally bind CON'rRACTOR r-olkS Ceti fo nt� r ............................... Print Namel 14 Print Name ate nd Title Address: -re4K. � 5J'U " ............................... 91-9 n, re a D*at Pj Narn Telephone Number 11............� Date 6 1� G OJJU N OU QTg OOq x. e Kevin Madok, CPA ' �►�b Clerk of the Circuit CourtComptroller& — Monroe County, Florida da ROE cOUNl DATE: October 25, 2024 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: October 16, 2024 BOCC Meeting The following item has been executed and added to the record: C3 6th 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. 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 1856 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 recap roved 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 1857 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: 1858 Fifteen erce (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 three( )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 5 ro itas cction 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„ 00. 0 5 yr, ins ction Monroe County Courthouse 502 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 6 gd Street, Ocean Marathon, Fl, 33050 ' 00.00 5 ;Ii. inspe.ctiop Marathon Jail 3981 Ocean"Terrace 1 .... .. t/r,. Marathon, L, 33050 S)0.00 y� inspection 1859 Pigeon Key 1090 Overseas High-way 22,313.72 cost/ Marathon, FL 33050 15°000 n inns ctinsn� Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway ......._1157.162........_ k Tavernier, T°1., 33070 N/A 5 r. irnsn pt;nn 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 Monroe County Historic Courthouse 500 Whitehead Street .�207.7. st/ r Key West, F1, 33040 , 1 000.00 5 r .inns eg do n. Monroe County Sheriff 5525 College Road 2°062,01 ost/ r. Administration Bldg, Key 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 1 000 00 5 , ins tion u e is r of Elections Of1°n�.e 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, 1., 33037 1,000 00 5 r, inns tionn 4 1860 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, 1861 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS r° ,"Mttest 5 aVIN MADOK,CLERK OF MONROE COUNTY,FLORIDA As puty Clerk Mayor Date: Witnesses for CONTRACTOR: CONT CTOR: GARY S 'LUM G AND FIRE, INC. By: -- . Signature of person authorized to Sign legallybind,CONTRACTOR Date Print Name Print Namj and Title Address �v�(L) a►�.. '�„e k R,.d.G 1 n ure girt-I+T . J .1 Fl- 33o(40 dae ueGoe C-O 3c�5 - qC� C0+ t 3 Date Print , ame Telephone Number Date - - - _n cn MONROE COUNTY ATTORNEYS OMCE PATRICIA EABLES ,ASSISTDATE' t�" " " Iz 1862 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 E-MAIL 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 MMIDD/YYYY MMIDD/YYYY A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE X OCCUR PTCGL000000078-03 8/13/2024 8/13/2025 DAMAGE TO RENTED 300,000 LJ�jX 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 JECT El 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$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY X STATUTE ER TWC4465215 8/13/2024 8/13/2025 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below AP 16X T E.L.DISEASE-POLICY LIMIT $ 1,000,000 I DA 9.24.__ WAMP -*" — 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 County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights res--- The ACORD name and logo are registered marks of ACORD 1863 C111611 COURT,eo Kevin Madok, cpA w. �.:� Clerk of the Circuit Court& Comptroller— Monroe County, Florida 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 1864 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 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"), use 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 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 CPl-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 per 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 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, there has been unanticipated repairs and/or emergency work at various locations, exhausting the annual 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 1865 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 to the Original Agreement; NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set Barth 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 work 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 PACE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW) 1866 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and ,year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Aitest° IT✓V1N MADOK, CLERK OF MONROE COUNTY,FLORIDA By. 96 U 1 'Mn/A,— By. //�4JJJJ As%Duty Clerk' ` " Mayor Date: _. S1 512 02� Witnesses for CONTRACTOR: CONTRACTOR: GARY'S PLUMBING AND FIRE, INC. By: ,_ Signatur of perso . authorized to JIM legally bind CONTRACTOR ql;,q Date PLint Name Print Nam and Title Address: Signature 1, s� R (53M) qw Date Print Name Telephone Number Date ? . c:) ;:u �� �► rTJ MONROE COUNTY ATTORNEY'S OFFICE - '.Df19T0i' PATRIGIA FABLES DATA' 4TANT4 �4 � 1867 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 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 Ali Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 4100 Goodlette Rd IN (A N E-MAIL Ext: (A/c,No): 239 213-2803 ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. Technology Insurance Company 42376 6409 2nd Terrace, Suite 1 INSURER C: 9Y p Y Key West, FL 33040 INSURER D:The Travelers Insurance Company 36137 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACHOCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) ccurrence s300,OOO 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 POLICY 1 JEC ... T L.................I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ MBINED SINGLE LIMIT D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 co 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LIAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 000 ,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? IN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under APIRX - DESCRIPTION OF OPERATIONS below �� _O E.L.DISEASE-POLICY LIMIT $1,000,000 DST ,:' (,,. 10 23 23 WAIMR 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 County Board Of C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty County 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 rese—PH- ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD 1868 #S2016777/M1993732 TKM21 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 ftinds 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 1869 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 hour, 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 1870 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_3 646.56 cost/ r. Key West, FL 33040 3000.00 5jr. inspection Harvey Government Center 1200 Truman Avenue LZJ�Q .�17 �cost/r. Key West, F.I., 33040 1,000.00— 5 r. inspection X--— Lester Building 530 Whitehead Street 1168.04 —cost/yr- Key West, FL 33040 action-y ins� Monroe ty Courthouse 502 Whitehead Street .04 cost/yr. Annex/Old Jail Key West, FL 33040 JESUNG SCHEDULED.AROUND COURT HEARINGS) I_1 QQQ.00_ 5 yr. inspection Marathon Government Annex 490 63d Street, Ocean I.........2�1..0......................... Marathon, Fl.., 33050 500.00--51r inspection Marathon Jail 3981 Ocean Terrace Marathon, Fl.. 33050 152LOO 51r. inspection Pigeon .Key 1090 Overseas Highway 21.,580.00_cost/�r. Marathon, FL 33050 ..........-----------�,5r. inns born Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway ga5 Tavernier, FL 33070 Ifs/.A 5 vr. 3 1871 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 1_1.1kL04 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 &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 rn.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 1872 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 1873 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 1874 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 1875 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 oft 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 oft e 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 1876 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.&J200.322,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 1877 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 1878 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest� KEVIN MADOK CLERK OF MONROE COUNTY FLORIDA B,y A>W By: """'" r.. .. As D puty Clerk Mayor Date: I C't 2GZ-� Witnesses for CONTRACTOR: CONTRACTOR: GARY'S P MBING AND FIRE, INC. iA By• Aipp 44144 Signature Lf perso authorized to Sign legally bind CONTRACTOR AS eA v 090�4 Dat Print Name Print Nai a and Title Address: - G._.,.'I. 00 JU4 gna e _JnTLP 11,ftc , _- Date Print Name Telephone Number a ay Dates r�n x r CJ MONFE COUNTY ATTORNEY'S OFF 106 AS To PATRICIA EASLE$ l... ... � a `A(�WT f ,ATTOFI WEY q ° DATE, ��1�� 1879 EXHIBIT GG 9 Davis-Bacon tStatement . 1880 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 ,January 29, 2022, and the p contract. [contract is not renewed or j. The contractor must pay ally lextended on or after January j covered workers at least 130, 2022: 1 $12.90 Per hour, (or the applicable wage rate listedl on this wage determinationA if it is higher) for all hours spent performing on that contract in 2024. The applicable Executive Order minimun wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work out the contract does not appear, on this wage determination, the contractor must still submit a conformance request. Additional information on contractor- requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/goveontracts. Modification Number, Publication Date 0 01/05/2024 .1 W12/2024 hfips 11sarti 6wMage-daterryronalion8FL20240022r2 1 dl2 13 1881 QBQ4.'U 2'28 PM SAM.gov 2 03/15/2024 EILECO'.449— 3 09/431/2023 (Rates Fringes (Rates, Fringes OPERATOR; Crane All. Cranes '75 1ons and below..........................S 37.07 14..90 All Cranes Over 300 Tammy Electric Tower, Luffing IE4 sm .......$ 40.40 1,4.90 Cranes 1.30 :3 39.:343 :14.90 Cranes '76 ton to 129 'Tan.... 37.,57 14.90 IPBON0272- . ...ie/01/2023 (Rates (Fir:noes IRONWORKER, STRUCTURAL AND IRIEINVIFORC:14G..,.....„........ 27,75 15.27 PAaIA0365- 06/01/2021, 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,IRIPENTEtlR... ........ ....... .... .,.. 15,08 00 5..07 CEMEUR'4' PWLSOHICUD4d¢'.:7RIETE FIHISHER... '12.45 *" 8.00 IFEVKE ERER:,'MR........................... M 0..00 4.A4'O RIE R„ C:¢aww monn or General. 6..62 O..43a LABORER 2 U7:1pe.laayer .......—.,—$ 1.0.49 4Du>EURA'4'4D4k: 43 nr.:Rcpvx,src^/IC::a a:av xlaua^...,,. 1 O..ee OP ERA FM Paver (Asphalt, h0pr,fesimm govewage UiiUrrmtlrngxitiaraud'El.2PY7�tln;IFV�';hi;�` Ad^G 1882 Aggregate, and Concrete).........$ 9.58 w'a 9.00 OPERATOR- 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.......................$ 24,33 *'° 9,00 SHEET METAL WORKER, Excludes rivdaC Duct Installation...........$ 24,42 TRUCK DRIVER, Includes Dump and 10 Yard Haul Awa,y............$ 8.00 -,...._____________ -... _ ...- -.., _ ..... _.... 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 htun lsem. Mae00-dWerrvrinetimmiR,20240022C2 16 1883 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 VWO* nk'A"ven'"'AMPf"IF11 2102CK12"V2 4A 16 1884 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 1885 ADDITIONAL COUNTY FORMS 1886 FOREIGN ENTITIES AFFIDAVIT F.S. 287.138 i� 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 making the Pr ;posal for hie"15rojectdescribed 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 287- 38, Florida Statutes. (Source: §287°138(2)(a), Florida Statutes); C. The government of a foreign country of concern does not have a controlling interest in Entity. (Source: § 287.138(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: §288.0 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: §288.007(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)® 9. 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»�,�„ Su bscri bed and sworn to (car Affirine before me,by means of " physical presence or El online not ruzatun,o � .... (date) by .` (name of affiant). She is personally known to me or has produced tifiati s identification. (type of id ........._j TIFFANYk FOLKS ° � � 7 y Corr mission Expires Expires June 23,2028 19 1887 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, awIF 6k IFIL „ i. ,.._ NOTAi y Commission Expires. 0 1888 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT A FOR LAPOR OR SERVICES Entity/Vendor Name: : Vendor 1 m ...ro, Vendor's Authorized Representative: � (Name and Title) Address: ,,,,. . .,,,m ., pity „mmmr, ; „ ,mm,. mrm 8t te: . ... M.I ...mm........ i .....,,.,,,,r.,M horse er, Email Address: ,a„ nnn As a nongovernmental eil tityr execrating,, 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 787. 6, Florida. Statutes. As defined in Section 787e 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 debt, 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. 787. 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 1889 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 rese—PH- ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD 1890 #S2016777/M1993732 TKM21 1� G OJJU N OU QTg OOq x. e Kevin Madok, CPA ' �►�b Clerk of the Circuit CourtComptroller& — Monroe County, Florida da ROE cOUNl 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 1891 , 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-ceinent mtli'l'owei- Pest Control, Inc., for IA)%%,cr Keys Pest Control Smicesat Counts' facilities witli an annual amount not to cxcee(I $29,000.00. Funding is ad valorem. C21, 211(1 Amendment to Agi-eeniciit witli (;ar),'s Plumbing an(I Fire, Inc., for Full Mal'ntenaiice Fii-c Protection Scnices at County facilities to increase die contract aniount by the CP1-U ol'7% an(I rciie%%, the Agri-eeniciit for the first of lour optional one-yeai-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 1892 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 1893 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 1894 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 $ ® 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 1895 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 costlyr. 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 1896 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 1897 C111611 COURT,eo Kevin Madok, cpA w. �.:� Clerk of the Circuit Court& Comptroller— Monroe County, Florida 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: F14 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 1898 THIRD AMENDMENT TO AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Third 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 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 ($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 fora additional one-year period; and WHEREAS, the parties desire to amend the Original Agreement, as amended, to provide for an annual CPI-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 of 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 tint 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 CPl-U increases and additional locations in added for service; and 1899 WHEREAS, the parties haveOriginal Agreement, as amended, to be mutually beneficial and the Contractor agrees and consents to such revisions in the OriginalAgreement; an WHEREAS, the ies find it wouldbe mutually beneficial to enter into this Third Amendment tote Original ; NOW THEREFORE, IN CONSIDERATION f the mutual promises and covenants below, the parties agree as follows: 1. In accordanceit o f 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 I- for all Urban Consumers as reported y the U.S. Bureau of Labor Statistics at December 31 of the previous year of 6.5% witheffective date of November 1, 2023. . In accordance with Paragraph 6 of the Original Agreement, the County exercises the option to renew the agreement for the second of four (4) optional one•ye r periods. This renewal shall commence retroactive t November 1, 2023, and ends upon October , 2024, unless terminated alien under another paragraph of this Agreement. . In accordance with ParagraphOriginal Agreement, the cost of labor used by the Contractor to fulfill the obligationf the Contract will be calculated sing the amended unitprices set forth belowfollows: Labor—Normal working hours . to 5:00 p.m., Monday throughFriday, excluding oli s: $199.42 perhour, mechanic $299.14 per hour, mechanic plus helper $99.72 per hour, mechanic helper working alone or additional e er Overtime rate for hours other than t e normal or ihours as stated above, including holidays: $299.14 per hour, mechanic hour,$448.70 per mechanic plus helper 14 . 7 per hour, mechanic helper working aloner additional helper Parts o f Plus: 2 1900 Fifteenf mark up on manufacturer's invoice cost of partsand materials(excluding rei t, equipment rental, tax amounts, and services supplied yothers). Such costs must be documentedfor each repair and/or maintenance job included i all Applications for Payment. For invoicing purposes, the hours should e calculated in fifteen ) minute increments. The followinguiil i s will require: One I Ion Test (to be completed withint ( months of contract commencement), One (1) Annual Inspection and flow test of the Fire , One (1) Semi-Annual Inspection, and Two (2) Quarterly fire sprinkler inspections testing r the latest editiona Monroe County [detention Center 5501 College Road $ 3, .5 ostlyr. Key West, FL 33040 3.000.00 5 yr® insoection Harvey government Center 1200 Truman Avenue JL �17_costLyr. Key West, FL 33040 yr. inspection Lester Building 530 WhiteheadStreet 1,168.04 costlyr. Key West, FL 33040 yr. inspection Monroe County Courthouse 502 White ea Street , c s lyr. Annex/Old Annex/Old Jail ITESTINGSCHEIDULEU Key West, FL33 AROUND COURT HEARINGS) 1,000.00 5 yr, inspection Marathon Government Annex49063 d Street, Ocean 96&62 costlyr. Marathon, FL 33050 5 yr. inspection Marathon Jail 3981 Ocean Terrace $ 968.62 costly . Marathon, FL 33050 yr, inspection 3 1901 Plantation Key Courthouse and Detention Center(new) 88770 Overseas Highway Lil2miLs2wm Tavernier, FL 33070 _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 5 1,168.04 cosVyr. Key West, FL 33040 1.000.00 5 yr. iapgction Monroe County Sheriff 5525 College Road 1.994.21 jy cost r. Administration Bldg. Key West, FL 33040 1,000.00 5 yr. inspection Dept. of Juvenile Justice Building 5503 College Road 1880.26 costlyr, Key West, FL 33040 �5r. in�sect�ion Bayshore Manor 5200 College Road 2 s�tr, Key West, FL 33040 �5r. jnsect�ion Freeman Justice Center 302 Fleming Street 1,994.21 j cost r.y_ Key West, FL 33040 $ 1,000.00 5 yr. inspec ion Murray Nelson Government Center 102050 Overseas Highway $ 968.62 costLyr Key Largo, FL 33037 5_12QQ.00 _5jr. inspection Monroe County Fire Station No. 17 10 Conch Avenue J_526_costr. Conch Key, FL 33050 500.00 5 vr. inspection 4 1902 Monroe County Fire Station No. 13 390 Key Deer Blvd. S 598.26 costlyr. Big Pine Key, FL 33043 500.00 5 yr. insDection Monroe County Fire Station No 8 61802"d Avenue $ 598.26 cost/v . Stock Island, I'L 33040 yr. i,nspection Joe London Fire Training Academy 56633 Overseas Highway $-598.26--_ cost/yr. cost r. _ Crawl Key, I'L 5-120.00 5 yr. inspection Bernstein Park 6751 51h St. L_5gg,26 _ costA r. _ Stock Island, FL 33040 S 500.00 5 yr. ins pgqi2n Monroe County Fire Station No. 11(new) 22352 Overseas Highway L514.26 costj/yr. Cudjoe Key, FL 33042 L__5�00�5 r.�lns egction Marathon Library (new) 3490 Overseas Highway $ 598.26 cost/yr. Marathon, FL 33050 S-300.00 5 yr. inspection WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT MAYBE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL BUSINESS HOURS. 4, 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 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. S. In accordance with Paragraph 5. F. of the Original Agreement, Major Component Failure or System Breakdown, is hereby amended to delete Paragraph 5. F., as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: F. In the event a Fire Protection Service System or any of its major components or parts need to be replaced or repaired due to a major component failure, system breakdown, or upgrade, the County shall have 1903 the option to request from the Contractor only, a proposal/quote for replacement ui r parts and all associated installation thereto. Approval of such proposals/quotes shall follow the current a County Purchasing lic . Only after receiving an amendment, if requiredthe Co i s Purchasing Policy, and/or notice to proceedr unt , all the Contractor r e ithese additional services as noted herein. 61, Except as set forth in Paragraphs 1 throughthis Third Amendment t Agreement, i all other secs,thet s and conditions set fo in the Original Agreement, as amended, ak in full force c . [SIGNATURE PAGE TO FOLLOW] [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 1904 IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. BOARD OF COUNTY COMMISSIONERS oa ; A t t u� ADOK,CLERK OF MONROE COUNTY, FLORIDA17 � w By:4 Deput Clerk Mayor Date: I , _ 17' O ' -�• tT7 Witnesses for CONTRACTOR: CONTRACTOR: + �- GARY'S PL BING AND FIRE, INC. Q Bv: Signatu of person authorized to Signah6u legally bind CONTRACTOR ra aye r are y Fo Iks (-))ak CeAnZef &51de4k Date Print Name Print Nam6 and Title Address: Ap Affl jcm .� ign re b lac r �rnc�'� 305w o'�q(i-G C713 Date Print NanV Telephone Number II r 1 - A 3 Date MONFr¢���OEvg COUNTY �A/TTTORNEV'S OFFICE ^/y) A._ PATRICIA E.AB If IES ASSISTANT � ATTORNEY DATE' . 1t113,(�r► 7 1905 Client#: 66814 GARPL DATE(MM/DD/YYYY) ACORD,. CERTIFICATE OF LIABILITY INSURANCE 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 Ali Acrisure dba Gulfshore Ins-SF PHONE 239 435 7150 4100 Goodlette Rd IN (A N E-MAIL Ext: (A/c,No): 239 213-2803 ADDRESS: tmarkee@gulfshoreinsurance.com Naples, FL 34103 INSURER(S)AFFORDING COVERAGE NAIC# 239 261-3646 INSURER A:Obsidian Specialty Insurance Company 16871 INSURED INSURER B:Burlington Insurance Company 23620 Gary's Plumbing and Fire, Inc. Technology Insurance Company 42376 6409 2nd Terrace, Suite 1 INSURER C: 9Y p Y Key West, FL 33040 INSURER D:The Travelers Insurance Company 36137 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 ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY) MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X X PTCGLOOOOO0007802 08/13/2023 08/13/2024 EACHOCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES Ea occurrence) ccurrence s300,OOO 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 POLICY 1 JEC ... T L.................I LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ MBINED SINGLE LIMIT D AUTOMOBILE LIABILITY X X BA4S5617752342G 08/13/2023 08/13/202 co 1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ B UMBRELLA LIAB OCCUR X X 604BE064231 08/13/2023 08/13/2024 EACH OCCURRENCE $4 000 ,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE s4,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X TWC4291946 08/13/2023 08/13/202 X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? IN] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under APIRX - DESCRIPTION OF OPERATIONS below �� _O E.L.DISEASE-POLICY LIMIT $1,000,000 DST ,:' (,,. 10 23 23 WAIMR 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 County Board Of C SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ty County 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 rese—PH- ACORD 25(2016103) 1 of 1 The ACORD name and logo are registered marks of ACORD 1906 #S2016777/M1993732 TKM21 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,Florid? limn 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1907 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: 1908 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 oe`yrr iM tl , By: Deputy Jerk or Date: n MONROE CdUN1Y ATrORNS OFFICE. 2PASHOAEASM %ST00E�PM , aSsts ANT /2 kTT RM a►�: 1909 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 1910 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/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 1911 Client#:66814 GARPL DATE IMMfODlYYYY) 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 tMM%!Df'YYYY m LIMITS ,. cLAans-MADE I X accuR 1 TD i _s A �X cGmMERCIALGENERALuaeILITY X X PTCGLOOOOOOD7800 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 W' 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 1912 Kevin Madok, CPA Clerk of the Circuit Court&Comptroller Monroe County, Florida co DATE: October 28, 2021 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanco4*. SUBJECT: October 20'BOCC Meeting Attaclied is an electronic copy of the following item for your liandling: D9 Agreement with Gary's Plumbing and Fire, Inc. for Full Maintenance Fire Protection Services at County facilities with an annual amount not to exceed $70,000.00. Funding is ad valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 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,Florid- 305-294-4641 305-289-6027 305-852-7145 305-852-7145 1913 AGREEMENT FOR FULL MAINTENANCE FIRE PROTECTION SYSTEMS MONROE COUNTY, FLORIDA This Agreement is made and entered into this 20th day of October, 2021, 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 Florida Profit Corporation, authorized to do business in the State of Florida, ("CONTRACTOR"), whose address is 6409 2n"Terrace, Suite 1, Key West, Florida 33040. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit"A"; and WHEREAS, CONTRACTOR desiros to and is able to perform the work or services described in attached Exhibit"N'; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to perform the work or services, as described in attached Exhibit" ,"for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: I THE AGREEMENT The Agreement consists of this document, the Request for Proposals ("RFP") documents, exhibits, any addenda,the response to the RFC', and all required insurance documentation, only. 2. SCOPE OF WORK The Scope of Work shall include, but not be limited to, all work and / or services shown and listed in Exhibit "A7, which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work, The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. 3. PERSONNEL Communication between the County Representative and the Contractor's personnel is very important. Therefore,the Contractor must assure that at least one(1)of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the ContractoCs employee 1914 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 cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. BACKGROUND CHECKS/ FINGERPRINTING Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County -facility ser-viced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay, workers compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check-, B. Fingerprints-, C. Local Records check-, D. Prior employment check; and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("IVICSO") facilities, Background checks on such personnel will be conducted by the IVICS0. IVICSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MLSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If the problem is not resolved to the satisfaction of the MCSC?, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check, is subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours of being put on notice by 2 1915 the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately Wth no further responsibility to make payment or perform any other duties described herein. 5. CONTRACT SUM AND PAYMENTS TO CONTRACTOR A Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners ("BOCC"). County shall pay in accordance with the Florida Local Government Prompt Payment Act and Monroe County Code; payment will be made after delivery and inspection by County and upon Submission of a proper invoice by Contractor. B., Contractor shall submit to County invoices no later than twenty-five (25) days after inspections/repairs, with supporting documentation acceptable to the Clerk. Five Year, Annual, Serril-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, othenNise reports must be submitted within fifteen(15) days of inspection date. Contractor shall subrnR to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Monroe County's Fiscal Year is October 181 through September 30th. AJI outstanding invoices must be submitted for payment within 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 parts and materials, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer, plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer®s invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays- $175.00 per hour, mechanic $262.50 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 3 1916 $393.75 per hoar, mechanic plus helper $131.25 per hour, mechanic helper working alone Or additional helper Parts CostPlus: Fifteen er ent (1 %) 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 Mast be documented for each repair and/or maintenance job and included with all Applications for Payment. The following buildings will require: One ( ), ( ) IFi e ( ) Year Inspection Test (to be completed within three ( ) months Of ontra t ornmen ernent), One (1) Annual Inspection and flow test of the Fire Purnp, One (1) Semi-Annual Inspection, n ( Quarterly fire sprinkler system inspections and testingpert e latest e iti n I f : Monroe County Detention Center 5501 CollegeRoad L,&2,00.00 cost r. Key West, FL 3300 L_I&QQ.00 Syr. igIRgLction Harvey Government Center 1200 Truman Avenue li&22-0-0 C-OS tJ3 r. Key West, FL 33040 .000.00 5 yr. ins otion Lester Building 530 Whitehead Street 2 -0 c st r. Key West, FL 33040 000.00 r, iris tion Monroe meaty Courthouse 502 Whitehead Street L1,0 2 5.00 cost r, Annex/Old Jail (TESTM,SCHEDVLED Key West, FL 33040 AROUND COURT HEARINGS) 000.00 5 r, inspection Marathon Government Annex 490 63rd Street, Ocean L§iQ.00 -cost r. Marathon, FL 33050 500.00 5 r. inspection 4 1917 Plantation Key Jail 53 High Point Road l450.00 cost r, Tavernier, FL 33070 JISQQ.00 _Syr. inspection Marathon Jail 3981 Ocean Terrace Liag—.00---C—O-S-ILYL Marathon, FL 33050 500w00 5 r. iris action "The following buildings will require. One (1), Five Year Inspection Test (to be completed within three ( ) months Of contract commencement), One 1 Annual Inspection, (1Semi-AnnualIns Inspection, and Two ( Quarterly fire sprinkler system inspections and tosting per the latest edition of NFPA Monroe County Historic CourthOUse 500 Whitehead Street 1 0 5.00 cost r. Key West, FL 33040 1 OOOro00 rm iris cirr Monroe County Sheriff 555 College Road 750.00 cast r. Administration Bldg. Key West, FL 33040 J 000.00 5 r. ins cti n Dept. of Juvenile Justice Building 5503 College Road 50.00 cast r. Key West, FIL 33040 1 000.00 5 r. iris c lon Bayshore Manor 5200 College Road 5 t} most r. Key West, FL 33040 500.00 r. inspection Freeman Justice Center 302 Fleming Street 75 4 _ ccist r. Key West, FL 33040 000.00 5 jr. inskection Murray Nelson Government Center 10 050 Overseas Highway 0 0 ra r. Key Largo, FL 33037 1000.00 5 r, iris cin 5 1918 Monroe County Fire Station No. 17 10 Conch Avenue 525-00 costlyr. Conch Key, FL 33050 jj00.00 5 yr.i nspection Monroe County Fire Station No. 13 390 Key Deer Blvd. $_ .0�0c�ostr. Big Pine Key, FIL 33043 500-00 Syr.ins paction Monroe County Fire Station No 8 6180 2n,AV. L.2�500 cost/yr. Stock Island, FL 33040 09.00 _ 5ar.inspection Joe London Fire Training Academy 56633 Overseas Highway .525.QO cost r. CrawI Key, FL 500 ns�ection, ,00 i Bernstein Park 67515"'St. L_izL0_0C_0_S_t&r_- Stock Island, FL 33040 $�.Q�Q �Sr.in�sectIon Monroe County Fire Station No. 11(new) 22352 Overseas Highway La25.9 costs yr. — Cudjoe Key, FL 33042 $ 00.Q�Q �5r.inSect�ion Marathon Library (new) 3490 Overseas Highway $_�.0�0 Cost L. Marathon, FL 33050 Jj00.00 5 yr. inspection WHEN PERFORMING ANNUAL INSPECTIONS FOR SOME MONROE COUNTY FACILITIES,PRIMARILY THE COURTHOUSES,IT MAY BE NECESSARY TO SCHEDULE INSPECTIONS BEFORE OF AFTER NORMAL BUSINESS HOURS. The total quarterly service amount of the contract shall be Five Thousand Three Hundred Sixty-eight and 75/100 ($5,368.75) Dollars,for an annual inspectioris amount of Twenty- one Thousand our Hundred Seventy-five and 00/100 ($21,475.00) Dollars. The total for one (1), Five (5) Year inspection for all buildings listed herein shall be in the amount of Seventeen Thousand and 00/100 ($17,000.00) Dollars. 6 1919 Contractor shall submit all invokes with the AgglicationJor PaVment.for attached hereto as Exhibit "B"and made a part hereof. There shag be no additional charges to the Owner for travel, mileage, meals, or iodging. Contractor shefl submit Itemized Invokes In writing. E. Total Annual Compensation to CONTRACTOR under this Agreement shall not exceed Seventy Thousand and 001100 ($70,000.00) Dollars, 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 Ibreakdown, the County, shall have the option to request from the Contractor only, a proposal/quote for replacement equipment in an amount that could exceed Fie Thous and and 001100 ($5,000.00) Dollars.Any proposal over Five"Thousand avid 001100($5,000.00)Dollars, up to and including'Ten'Thousand and 001100 ($10,000,00) Dollars, must be approved and signed by the Division Director andlor the County Administrator. Any proposal over"Ten Thousand and 00/100 ($10,000.00) Dollars, up to and including Forty-nine Thousand Nine Hundred Ninety-nine and 99/100 ($49,999.99) Dollars, must be approved and signed by the Division Director and the County Administrator 6. TER )F AGREE i9R9jQEAQRC9MM This one (1)year Agreement shall commence on Noverviber 1, 2021, and ends upon October 31, 2022, unless terminated earlier under paragraph 21 of this Agreement. The County shall have the option to renew this Agreement for up to an additional four(4)one- year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term"of this Agreement shall mean the initial term of 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 with the percentage change in the U.S. Department of Commerce ConSUrner Price Index (CPI-U) for all Urban Consurners as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CP[U computation at December 31 of the previous year. 7. LICENSES Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF RECORDS 7 1920 Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven (7) years from the termination of this Agreement or five (5) years from the submission of the final expenditure report as per 2 CFR§200.33, if applicable,whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. ® RIGHT,IQ,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); backchurge logs and supporting documentation-, general ledger entries detailing cash and trade discounts earned, Insurance rebates and dividends-, any other supporting evidence deemed necessary by County or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as"County Clerk") to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in 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 any auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running from the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. 10. PUBLIC RECORDS COMELIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other"public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The 8 1921 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, The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat., Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County s request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section I 19.10, Florida Statutes. 9 1922 The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR H E APPLICATION OF CHAPTER I RIDA STATUTE E CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT CONTACT THE CUSTODIAN OF PUBLIC RECORDS BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIA, a)MONROECOUNTY-FL.GOV MONROE COUNTY ATTORNEY'S OFFICE- 1111 12TH ST EET SUITE 4 KEY WEST FL 33040. 1. 14OLD HARMILIESS INDEMNIF"'ICATIO 4. DEFENSE AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, Indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (W) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or(C) Contractors default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, 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 Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. to 1923 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 use for immediate termination of this Agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts* WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applirmble no-fault coverage, with lirnits, of liability of not less than per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided,the minimum acceptable firnits are, $ZQQ.200.00 per person, $300 000.00 per occurrence, and $200 000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less tharp_15QQ,000.00 per occurrence or single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted,The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees, agents, and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS CERTIFICATE HOLDER AND ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 12. NON-WAIVER OF IMMUNITY NoWthstanding 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 waiver. 13. INDEPENDENT CONTRACTOR 1924 At all times and for all purposes Luider this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 14. NONDISCRIMINATION NTRACTOR 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 further action on the part of any party, effective the date of the court order. CONTRACTOR and 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 it of the Civil Rights Act of 1964 (ILL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 US C ss. 1681...1683, and 1685-1686), which prohibits discrimination on the basis of sex-, 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 61016107) which prohibits discrimination on the basis of age 5) The Drug Abuse Office and Treatment Act of 1972 (ILL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse arid 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 VIll of the Civil Rights Act of 1968 (42 USC 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 on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11,T 0, 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 1925 orientation,gender identity, or national origin. Such action shall include, but not be limited to the following- Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2) The Contractor will, in all solicitations or advertisements for ernployees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has Inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. 'This provision shall not apply to Instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other, employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a forrnal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' 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. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this 13 1926 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 by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every Subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor WH take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- 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 United States. 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 deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, Such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 16. COMPUANCE WITH LAW AND LI I T In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 17. DISCLOSURE AND CONFLICT OF INTEREST 14 1927 Contractor represents that it, its directors, principals and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts-, doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain Information. No Sol icitation/Payment. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide, employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the broach or violation of the provision, the Contractor agrees that the County shall, have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 18. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 19. NOTICE RgQqLFIEMENT 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 3583 S. Roosevelt Blvd 64092 tad Terrace, Suite I Key West, FL 33040 Key West, FL 33040 and 15 1928 County Attorney 1111 1211 Street, Suite 408 Key West, FL 33040 20. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials, Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 21. TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this Agreement after five (5) days' written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. Termination for Cause and Rernedies, 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 five (5) calendar days' notice and provide the CONTRACTOR with an 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 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; however, the COUNTY reserves 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 False Claims Ordinance, located at Section 2-721 at al, of the Monroe County Code, D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates 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 amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. 16 1929 E. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287,135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. F. For Contracts of $1,000,000 or more, if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the 11ran Petroleum Energy Sector List, or been engaged in 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 the agency's determination of false certification was in error pursuant to Section 287.,135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 22. GOVERNING I AW- VENUE AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. 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. 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 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. 24. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby', and each remaining term, 17 1930 covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 25. 6�QR�NEYIS�FEES�ANQ�CQST�S 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. 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 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 Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraph 14 or Paragraph 21 concerning termination or cancellation. 27. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation® execution, performance® or breach of this Agreement, County and Contractor agree to participate,to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 28. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. 29. AUTHORITY Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity 18 1931 to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily, and with advice of counsel. 30. CLAIMS FOR FEDERAL qR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement.Any conditions imposed as a result of funding that affect the Project will be provided to each party, 31. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply tothe same degree and extent to the performance of such funcfions and duties of such officers,, agonts, volunteers, or employees outside the territorial firnits of the County. 32. LEGAL OBLIGATIONS AND RESPONSIBIR.,11TIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 33. NON-RELIANCE BY NON-PARTIES Non-Delegation of Constitutional or Statutory Duties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 34. &TTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include, but not limited to, a Public Entity Crime Statement® an Ethics Statement, Non- Collusion Statement, and a Drug-Free Workplace Statement. 19 1932 35. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, arid no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 36. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this.Agreement by signing any such counterpart. 37. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 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 on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six(36) months from the data of being placed on the convicted vendor 11SV, 39. MUTUAL REVIEW This Agreement has been carefully reviewed by Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship. 40. INCORPORATION OF RFP DOCUMENTS The terms and conditions of the R,FP documents are incorporated by reference in this contract agreement. 41. ANNUAL APPROPRIATION The County's performance and obligation to pay under this kqreement is contingent upon an annual appropriation by the and of County Commissioners. In the event that the 20 1933 County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 42. COVENANT OF NO INTEREST 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 and receive benefits as recited in this Agreement. 43. AGREEMENTS WITH SUBCONTRACTORS 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 by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his/her subcontractors tractor's shall include the County as an additional insured,, 44. F&DERAL CONTRACT R=nMIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C,F.R. §200.326 Contract provisions and Appendix 11 to 2 C.F.R. Part 200, as amended, including but riot limited to- 44.1 Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of ® awarded by non- Federal entities must comply with the Davis-Bacon Act (40 U.&C. 3141-3144® and §§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute® contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. If applicable, the COUNTY MUSt place a current prevailing wage determination issued by the Department of Labor in each solicitation, a copy of which is attached hereto as Exhibit "C" and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Pro rare and Transit Security Grant Program (it does not apply to other FEMA 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 Department of Labor regulations (29 CFR Part 21 1934 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient 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 entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency, (1) Contractor. The contractor shall comply with U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and 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 contractor 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 contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 6A2. 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 engaged in work covered by the Copeland Anti-Kickback Act and the Davis-Bacon Act during the preceding weekly 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. 44.2 Contract or Hours- n of ards Act (40 U.S.C. §§3701-3708). Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C.§§ 3702 and 3704, as Supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. or in excess of the standard workweek 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.&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 or Hours and Safety Standards Act. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work, which may require or involve the employment of 22 1935 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 and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation;liability for unpaid wages, liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated Damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of 29 C.F.R. §5.5, in the sum of $27 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 set forth in paragraph (b)(1) of 29 C.F.R. §5.,5. (3) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is hold by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of 29 C.F.R. §5.5. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in 29 C.F.R. §5.5, paragraphs (b)(1) through (4), and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in 29 C.F.R. §5.5, paragraphs (1)through (4). 44.3 Rights to Inventions Made Under a Contract,or 6gEllment. It the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subreciplent 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. 44.4 Clean it Act 4 74 1 7 1 m t er IWater Pollution 23 1936 Con trot Act 125 L 33 US.C� 1,1387 as amended.......q§ ....... Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended (42 U.&C. §§7401-7671q)and the Federal Water Pollution Control Act, as amended (33 U.& 1251-1387) and will report violations to FEMAIFederal Agency and the appropriate Regional Office of, the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act(33 U.S.C. §§1261-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMAIFederal agency. The Contractor agrees to report each violation to the COUNTY, understands, and agrees that the COUNTY will, in turn, report each violation as required to assure notification to FEMA/Federal Agency and the appropriate EPA Regional Office. 44.5 Debarment and Su 'Executive Orders 12549 and 126RQIw contract award under a "cove�red transaction" (see 2 C.F.R. §180.220) must not be made to parties listed on the government wide exclusions in the System for Aveard Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. Part 180 that implement Executive Orders 12549 (3 G.F.R. part 1986 Comp., p. 189) and 12689 (3 C.F.R. part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.gov. Contractor is required to verify that none of the contractors principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R- §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.Ra pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the COUNTY. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the COUNTY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 CnF.R. pt. 3000, subpart C while this 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 such compliance in its lower tier covered transactions. 44A Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier Must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from 24 1937 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 "D" and made a part hereof, must be signed and submitted by the CONTRACTOR to the COUNTY.) 44.7 Compliance with Procurement of Recovered Materials as set forth ln_g_g.F.R.A 200.322. CONTRACTOR must comply with Section 6002 of the Solid Waste Disposal Act, as amended, by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines,, In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired 1. Competitively within a timeframe providing for compliance.with the contract performance schedule', 2. Meeting contract performance requirements; or 3. At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive-procurement-guidelpne-cpg-program.The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act® 44.8 Prohibition on Certain Telecommunications and Video Surveillance as set forth 1n_2_g.F.R. 1200.216. Recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a contract to procure or obtain: or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawel Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (1) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (11)Telecommunications or video surveillance services provided by such entities or using such equipment. 25 1938 (111)Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. ® Domestic Preference for Pro curs me is sit forth in 2 C.E.R.,1200.322. The COUNTY and CONTRACTOR should, to the great extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products kinder federal award. For purposes of this sectiow "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" rneans; items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete, glass, including optical fiber, and lumber. 44.10 Americans, dth Disabilities Act of loan An arrMad2a.LARAILThe CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 44.11 is aruta usiness Erkt.--p BEI�rice �D Pollic�and.2hfiagj[2a,_ It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts.The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 Q.F.R. NQ MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES AND LABOR Sty Ltd AREA FIRMS A. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods or services,then,in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whneqnaRevygLQ2gNMb1e. B. Affirmative steps must include: (i) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises 26 1939 are solicited whenever they are potential sources, (3) Dividing total requirements, when economicallyfeasubleg into smaller tasks or quantities to permit maximum participation by small and minority businesses, and woo en's business enterprises) (4) Establishing delivery schedules, where the requirementpermits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as a ro Late, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. (6) Requiring the Prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. OTHER FEDERAL ANDIOR FEMA R 9,UIREMENTS (as applicable) 44.12 Access to Records. Contractor/Consultant and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (II)FIS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: (1) Cooperate with any compliance review or complaint investigation conducted by Di-I&O (2) Give DIMS access to and the right to examine and copy records, accounts, and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; (3)Submit timely, complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 44.13 pliS 89MI,�Loo�and�Fls. Contractor shall not use the Department of Homeland Security seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials without specific FEIVIA pre-approval, The Contractor shall include this provision in any subcontracts. 44.14 SCinhalnglesa.ItokkCo2!nitHraMct. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the agreement must be within the scope of any Federal grant or cooperative agreement that [nay fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order or constructive change must be approved in writing by both the County and Contractor. 44.15 QpInplid with Federal Law. Regulations. 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. 11 IIIIIJ1111. r .16 N_ P ;:::P II b"lat p 11 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 Pr rarn Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False 27 1940 Claims and Statements) applies to the contractor's acto 'mn pertaining to this contract. 44.18 E rm t ginning January t, 2021, in accordance with Fia. St at., See. .019 "the Contractor and any subcontractor shall register r ith and shall utilize the U.S. Department f HomelandSecurity's - ri y t to verify the work authorization status frill new employeeshired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract t likewise utilize the U.S. Department of HomelandSecurity's E-V rift' system to verify the work authorization of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide affidavit stating that the subcontractor does not ernploy, contract with, orub' contra t with an unauthorized alien. The contra t r shall comply with and be subject to the provisions of Fla. Stat , Sec. .g'g . 44.19 if this Aqreement is funded by the Florida Department of Emergency Management (F E ), the Contrw.tor will be bound by the terms and conditions of any applicable Fed erally-Funded Sub-Award and Gran°nt Agreement between the County and the Florida Division of Ern rge n y Management (Division). 44.20 if applicable,the Contractor shall h ld the Division and Clounty harmless against all' laim f whatever mature arising out of the Contractor's performance f work rr'nndar this Agreement, to the extent allowed and rag nrald by law. 5. UNCONTROLLABLE CIRCUMSTANCE Any delay or failure f either fury to perform its obligations underthis g'r unn n't wi'll be excused t ' the tt nt that the delay or failure was caused directly by an event beyond such a a control, without such Pam . " fault or negligence and that by its inature could not have been foreseen by each Party or, if it could have been forewarn, was unavoidable: (a) acts of God; (bi) flood, fire earthquake, explosion, tropical storm, hurricane or other declared emergency In the geographic area of the Project; ( ) war" invasion, hostilities (whether war is declared or riot), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d)government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this greerrnent; (01 action by any governmental authority prohibiting work in the geographic area of the I' r j t-,(each, a "Uncontrollable Circum tan "). CONTRACTORS irn n i 'l inability to perform, changes in cost or availability of materials" components, or services, nnnarl et conditions, or suppher actions r contract disputes will riot excuse performance by 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 it mmrrn tarn et' and the anticipated duration of such Uncontrollable it um tan e. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are rmninnirrni ed and resume full performance under this Agreement. The County will not pay additi small cost as a result of an Uncontrollable it um tann e. The Contractor may only seek a no cost Amendment for such reasonable time as the Owners Representative may determine. ENTIRE46. 28 1941 This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 47. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF' PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 1942 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. ®� 23 BOARD OF COUNTY COMMISSIONERS EY s:::, MADOK, CLERK OF MONROE COPbL �`,y14/�`M�I/iY� By: By: AU As Deputy Clerk Mayor Date:-141� Witnesses for CONTRACTOR: CONTRACTOR: TT11 GARY'S PL ' ING AND FIF4C.ING Al By-.. so horized to Signatu of person e De Sign tr legally', ind CONTRACTOR 64" ks Date �Print Name Print and Title Address:--il' -ei/nature FL 33090 Date 'Print Name Telephone Number Date MoNRm qNmy ATTORNEY.,$OFFICE PATRICI&FABLES ASS1STf&WfiTRNE"Y DATE: -30 1943 SCOPE OF WORK EXHIBIT "A09 1944 EXHIBIT "A" SCOPE OF WORK Specifications and Payments to Contractor*. The Contractor shall hold a current Florida License, in compliance with Fla. Stat. Secs. 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 FP C - Flonda'Fire Prevention Code, nth Ed. 2020, by reference NFPA 25, 2020 Ed. (FFPC adopted F.S. Sec. 633.202 and FAC 69A-3 A 12 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 the annual 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 aft e 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 all 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 identifil cation, equipment location, work to be performed, and any special instructions. Additionally,an electronic copy of all annual inspections all be sent tote Monroe County Fire Marshal. 4. The Contractor shall include written findings, corrective actions, and recommendations within the Quarterly Inspection Reports. Whenever 32 1945 permitting and/or engineering services are required for rep airs/replacements, the Contractor shall submit to the County the Contractor's actual certified documented costs for such services and shall invoice the County for reiinbursementof onlysuchcost. 5. All documentation shall be submitted by the Contractor to the Monroe County Contract Monitor with the Contractor's Invoice for payment. The County shall pay the actual cost of parts and materials, excluding freight, equipment rental, tax amounts,and services supplied by others purchased frown the manufacturer,plus fifteen percent (15%), to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment Freight invoices must accompany all orders that require shipping or transportation of parts,whether the part is ander warranty or not. Contractor shall. submit to County invoices no later than twenty-five (25) days after inspections/repairs with supporting documentation acceptable to the Clerk. Five Year, Armual, Semi-Annual, and Quarterly inspections shall be submitted in arrears with supporting reports. If any major deficiencies are found, the County must be n(.,4ifled in writing within 'forty-eight (48) hours, otherwise reports must be submitted within fifteen (15) days of inspcction 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 possible 'following completion of the repair. Acceptability to the Clerk is based on generally accepted. accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Monroe County's F fiscal'Year is October 1` through September 30'h. All outstanding invoices must be submitted for payment within ten (10) 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 faiture 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 00/100 Dollars ($5,000.00). Any proposal over Five Thousand and 00/100 ($5,000,00) Dollars, up to and including Ten Thousand and 00/100 ($10,000.00) Dollars, must be approved and signed by the Division Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100($10,000.00)Dollars, up to and including Forty-nine Thousand Nine Hundred Ninety-nine and 00/100 ($49,999.99) Dollars, must be approved and signed by the Division Director and the County Administrator. Scoge 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 1946 1. ReQuirements 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 and two(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., Key West, FL 33040 b. Harvey Government Center 1200 Truman Ave., Key West, FL 33040 c. Lester Building 530 Whitehead St., Key West, FL 33040 & Monroe County Courthouse Annex/Old ,Jail 502 Whitehead St., Key West, FL 33040 e. Marathon Government Annex 490 63ri St. Ocean, Marathon, FL 33050 L Plantation KeyJail 53 Highpoln't Rd,, avernier, FL 33070 g. Marathon.Jail 981 Ocean Terrace, Marathon, FL 33050 b) 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 P. 25 at the following locations: a. Monroe County Historic Courthouse 500 Whitehead St., Key West, FL 33040 b. Monroe County Sheriff Administration Building 5525 College Rd., Key West, FL 33040 c. Dept. of Juvenile Justice Building 5503 College Rd., Key West, FL 33040 d. Bayshore Manor 5200 College Rd., Key West, FL 33040 e. Freeman Justice Center 302 Fleming St., Key West, FL 33040 f, Murray Nelson Government Center 102050 Overseas Highway, Key Largo, FL 33037 gs Monroe County Fire Rescue Station No. 17 10 Conch Ave., Conch Key, FL 33050 h4 Monroe County Fire Rescue Station No. 13 390 Key Deer Blvd,, Big Pine Key, FL 33043 34 1947 I. Monroe County Fire Rescue Station No. 8 6180 2nd Ave., Stock Island, FL 33040 Joe London Fire Training Academy 56633 Overseas Highway, Crawl Key, FL k. Bernstein Park 67515 1h St., Stock Island, FL 33040 1, Monroe County Fire Rescue Station No. 11 (new) 22352 Overseas Highway, Cudjoe Key, FL 33042 rn. Marathon Library (new) 3490 Overseas Highway, Marathon, FL 33050 c) During all inspections: clean sprinkler heads as needed, conduct maintenance of FDC/Siamese, PIV/OS&Y, and external above ground piping as needed, and submit proposals to replace sprinkler heads, piping, and main supply when needed. 35 1948 1949 APPLICATION T S DATE: INVOICE ARRIVAL TIME: DEP WFU " TIME: LOCATION: ROUTINE: REPAIR: MATERIALSPARTS AND COSTS ITEM DESCRIPTION UNIT PRICE CE QUANTITY UB-TC T L I ......... . . ......... ... �. 4 ............ ._-_------_-_.w,_._ .. _................... PA IIT MATERIALS IDS SUB-TOTAL T AL l 5% INCREASE CAN ABOVE PARTS TE I,S SERVICES UPPLIEI OTHERS S (arnount charged to be reimbursed) ..................... .,..... FREIGHT CHARGE(amount charged to be reimbursed) TAX CHARGES (amount charged to be reimbursed) ---_-_-_--- PARTS & MATERIALS TO ....... LABOR AND EQUIPMENT T'S --Regular_ HOURS Mechanic @ SUB-TOTAL .,----.Regular HOURS Mechanic&Helper per SUB-TOTAL AL _......... ............. Re 1HOURS Helper alone or additional Helper @ SUB-TOTAL T L a�ertirrre HOURS Mechanic C i .............................. SUB-TOTAL AL ...,...m Overtime HOURS Mechanic & Helper @ ... .... SUBOT(.)TAL ...._m., Overtime HOURS Helper alone or additional Helper @ SUB-TOTAL LABOR AND EQUIPMENT TOTAL TOTAL DESCREPTION CAP C ----------- Date Authorized Signature/Title *Contractor must provide a copy of Invoice/Receipts for manufacturer's cast of parts&materials, freight for transportation/shipping transportation/shipping casts, equipment rental arnounts, taxes,and services supplied by others. 7, 1950 EXHIBIT C cop DAVIS-BACON WAGES STATEMENT 38 1951 EXHIBIT &1C91 DAVIS-BACON WAGES STATEMENT "General Decisiori Number : FL20210022 09/10/2021 Superseded General Decision Nija'Lber : FL20200022 (','onstrtictiori Type : Building Cbi,mty : Mo,'nroe County in Flor.ida_ BUILDING C0NS".'PPUCT,'1"0D,4 FF,1,,0JEC`rS (does riot single f,',-,imily h,d)rrtes or apartyrterit's up to a,r-id i,n(:,1udJ,T1g' 4 tories) . Note : Und,E?.r Executive Order (EO) 1.3658, an. hourly m-inimum wage of $1.0 , 95 for calendar year 2021 app-I.-Les to all contracts subject fir.o the Davds-Elacori Act for wTii&'i the contract is awarded (arid any solicitation was issued) ori ot. after January 1 , 2015 . If this coritrzict is covered by the EO, the contractor must pay all workers iri any classi ficat ion listed on tl-.L,is wage 4,Jeterrliirlat1on at least $10 . 95 pe-r h rya ir (or the applicable wage rate listed. on this wage determinatiori, if it is ttiqher) for all hoi-irs spent 1:)erforrning on the contract in calendar year 2021 . If thtis cont'ract, is covered by tl-.�Le EO arid, a. classi fi cat i,°.,m c ol"Isidered necessary for, perfo-.t.-,rnance of work on tl"ie cor i traf,',"t doe,n not appear on this wage determim,.--ition, the contracto,'r must pay workers in that classification at, least the wage rate determined through the ec',,onforrrkance process set forth in 29 CFR 5 ., 5 (a) (1) (ii) or:. -the EO minimtim wage ratt a, it it is higher tl-'ian -the conforrried wzige rate) . ',.F.'he EO mini:mum wage rate will be ray juareted annually . Please n(_'-)te that EO applies to U"ie above-mentioned types of contracts entered into by the federal. governmeits. that are subject to the Davi.s-Bacon A(z,,,t itself, but it does not apply to contracts sul.)ject only 'to the Davis-Ba(',,on Related Acts, imc.ludi.mg those se'l.-,,, forth at 2 9 CFR 5 . 1 (a) (2 - (60) Additional informat.i.on on cont"ractr ,.r:. reqi..iiremerits and worker protections under the EO is available 39 1952 at www.dol . g-ov/whd/(.,_Iovcontracts . Modification Ni,,urib(-,,,r Publ.icat,ion Date 0 01/01/2021 1 01/22/2021 2 06/18/2021 3 07/09/2021. 4 09/10/2021 ELEC0349-003 09/01/2021 Rates F r g s ------------ EN(",'-','I0487--004 07/0J./2013 Rates Frit-iges 0 PE RATO R - C r ar"i e All ("rane,--; Over 15 Tor-i Yard Crai-te, Hydra,ulic Cr�,.i.ne, ors ar)ac,ity 15 T�,-In and Under. . . . . . . . . . . . -- - $ 22 . 00 8 . 80 --------------------- ------------------ ------------ IF'ZON0272-004 10/01/2020 Rates F.-�-i n q e s IRONWORKER, STRUCTURAL AND 25 . 79 13 . 34 --------------------- PAIN0365-004 06/01/2021 Rates Frim..'jes PAINTER: Brush Only . . . . . . 20 . 21 12 . 38 -------------.—---------- SFFLOB21---001., 07/01/2021 Rates Frinejes 40 1953 SPRINKLER FITTER (Fire HEE0032-0 03 12,E01/2 1.w Rates Fringes SHEETMETAL WORKER, (HVAC' Duct CEMENT MASON/ ti NC;RE`'Y'E FINISHERa 12 . 4 5 0 . 00 OPERATOR: Paver (Asphalt, Aggregate, and .ryon :rxMeVia. ) . & . „, . „ . & .o $ 9 . 58 0 � 0 CorripositROOFER: Bl-tilt Up, on, Hot Tar and b. _ngle 1yn „ „ B m roro „. 14 . 33 0 00 SHEET METAL WORKER, Excludes HVAC', Darn„t Installation . „ . . a . . 41 ;3 „ 61 ,flR,UCK DRIVER, .1 1954 WELDERS Receive rat,-.-e prescribed for craft performing operation to which. welding ing is incidental Note : Executive Order E ) 13706, E t.:,abli l�.rig.r g Paid Sick Leave f o r F ra:c;t e r a 1_ C o i'i.t asi c to,'.a .s applies t10 a l 1, contracts am -r.i. .,>j ra(,.";t 'to 'the Davis-Bacon, Act:. :or which t t k e c o i. -.r,-z c SwF is awarded, (aaa.n.d, any s M°::l,.c::llmt a"A,C i o n was s issued) on or after J'aaa r'a.aua.aar y 1, 2017 , :f this c ca n tr ar,,,:,,t ,i.s covered by t t-i e O, t1fie i w;.o, r a.;N ra r provide r u ,,L ,i 3 ° with a r°z of ,r)a:i...d sick leave f o;r: every 30 hours I'll-,tey work, tip to to tl hours of paid sick leave eacti year' . tlrii. .loyees ;mu, t be permitted ted to use paid Sick Dave ve for their own :L IAL.n a A� , injury or other i al e,1 at ed needs, i r"a c l it..d i; (g pr e,: ,7 e n t;1.'ve c a ;�,e; to assist a fam,,Lly member (or person who is l;r k.e family to the employee) w 1°ao is a L , i;ra i.i r e d, or has o :.lmi _ ` health-related r'i.e a~ r .s, i iri as."l a. rw ry n g o r t'."z ^���'�is��::i..,a�µi care; for resulting f r o ir., or to assist is arrid y m a'i.i er <')r person who is l i r;� family to tw, .e aaa rri l o yfe;iwho is avictim of, d i bra i e s t;:.i r: Vi O l EA a"r ce, sextial.. assault,, (:)r stalkirig . dd,Jrtll.ioi'ia:a.1 inforrmition on c:ontwaaW as c 't.=.)r requirements and ad o r . as protections in.i d r the EO is available at www. dol . gov/,NT�i.d g o ka c:.o r-a L r a,c . ,, Unlisted classifications needed o r work is i o t J.r-u c .a..id e wit.t.tin the scope o ' t::. r e classifications l:. s t.e td may be added after award only as provided .11ra t::.tia.a labor standards contract clauses ( 9 t`::. R, 5 . 5 (aaa.) ( t,) ( ) m The body of each wage a te tY:. rr`r ina"atti ion lists the classification and wage rates that have been vtraiaWa.r"ad to b prevailing for t:h e cited type (s) of construction in the area covered � y 'the ' The classifications are listed in l-pt..iavabetmi a.t. order o " "identifiers"" that indicate a h(;;"Lhaair t;::t'ie aairt.icaila -_(.`ate is airs, ivar'airari ratoe'.., (cur-rent union negotiat(-.,d rate for local.) , as stirvey rate 42 1955 (weighted average rate) or a union average ra'Le (w,,,-,aighted �jnion, avel-age rate) . Unior'.t Ra,t.-.e Ident:Lfiers A fo .iir letter classificatioi,-i abbreviation identifier enclosed in al.dot-ted lines beg innirig with characters o-ther t-han. '"'SU"" or ""U!'�,VG"" denotes that the tinion classification and rate were prevailinfj for that classification in tl-,he ss.,irvey , Examp-le . PLUM()198-005 07/01/2014 . PLT..JM is an abbreviatior) identlifier. of" t he s.-,snion which, prevaAled in the surv(.,,,,y for, this cl.,assi.1-fi.(."a.t,�i,(,,,,)T,i, whIJch iri thi s example woul(], b(.,, PL�.ntibel".s . 01,98 the local urii cap n ni,a.mber or district- council. ni..'mi,ber wl-,rere appI.i.cab,'-Le, i . e . , PD,i,,rF,)bers Local 0."11,98 ., TI-J)'e next., nurr,iber, 005 in the, examp.].e, is an number 1.),sed in pro ca-s sirig t-1he w;.age determination . 07/0.]-12014 is the effective date of' t1:ie ;u',,ost current rate, wl,,,;tich in this exa, aple is JrJ-Iy 1, 2014 . Union, prevaLiliriq wage rates are i.ipdat-ed t-lo re�flE Ctl all rate cl-ianges in 'the bax,,,3aining agreement (C.1":iA) governing this c.alassificat-,-ion and rate . Survey Blal--e Identifiers Classifications listed under the " "SU" " identifier i.ndica-I.-,-e that no one rate prevailed for this (:,,.lassificat-ion in the stirvey ay.-id the p-ublishe(J. rate is derived by cornput.ing a. weighted average ral...e based on al]. the rates reported in the su:Cr irey for that-, classification . As tl-iis weighted average rate includes all rates report-.ed in tl-"Ae survey, J..t m.ay incl.tide both. i inion and, non-un-ion rates . Exarriple : SULA2012-007 5/13/201.4 . SU indicates the rates are survey rates based on a. weighted average calcu.]-ation of rates arid ar(,,-, r,-#ot majc,rity rates . LA indicates the State of Louisiana . 2012 is t1ie year survey on, which I:hese class i f,,.i-cations aind -rat-es are based. The next number, 007 in t-he examr-Ae, is ali internal number tised J..n. prodticing t1ie wag(-,k (Jrro!,termination . 5/13/2014 indicates the sl.-grVE:Y coii.,tpletiori date for the classifi(,.at ions arid rates under that -'Ld,fangntifier . 43 1956 Survey wage rates are not updated and remain iri effect u,ntil a new sur�,/ey is Conducted . Unl'Lon, Average Rate Identifiers Classification (s) listed under the UAVG identifier indicatLe that no single majority rate prevailed for, those cl,ail ssificati�'_)ns; '1iowever, 1,00% of tlie da-ta reported the classifications was un-i" on data . EXPNPLE .- UAVG-01-10010 08/29/201.4 . UAVG -.Ln.dicates t1')at. -tl,-),,e rate Ls a, weighted i.'inion average rate ,. OF1, indicates s0-1,ate . The n.ext number, 0010 iri, the example, is ari iritexnal, nurril:,)er used in ,prod T,,),g the wage deterryii rya atiori- 08/29/2014 iY,'i(..'J1A,cates the su,rVE,',Y cornpl haw t'ion. date for, tl-;te classifications and. raf,'-es i,in.apt e.r t tea a,t ident,.L.Lier . A UAVC3 r.'ate wi,'11 be updated ec-)riece a year, ust.,ia,'Lly in Ja.rt't.'.ia,ry of each year, to ref].�:�ct a wei.g1J_ed average of the current riegotiated/C'TA rate of the union locals frorn which, t1 Ie rate is based. ----------------- ------------------------------------------ WAGE T,)ET'E.'RMI1,iATI0N APPEALS PROCESS 1 . ) Has -there been an, initial decision in the matter"," This can be : an existing published waqe deteryninatiori a survey i..inderlying a wage determination a, Wage and Hour Division ietter, setting forth a position on a wage determination matter a conformance (additional cla,ssification and rate) ruling On r : ey related matters, initial contact, :Lricluding requ,ests for suirkinaries of si..irveys, shou._L(,-,J be wilt,h t.1"le Wage and Hoi_;ir Regiorial Office for the area in which 0 le survey was conducted becai.,-ise ttiose Regional Offices have responsibility for the Davis-Bacon survey pro:jram. If the response from this initial contact is riot satisfactory, then the process des(3.ribed in 2 . ) and 3 . ) should be followed. 44 1957 With -regard to any other matter not yet ripe for the fo,-z.,mal process described here, initial c(.)ntact should be: with the Branch of too nstri.,,iction Wage Deteraiinations . Write to . Branch of Constructi.on Wage Determinations Wage and Hottr Division U . S ., Departi'ttent of Labor, 200 Cons ti-t.-,,.-.ut ion Avenue, N .W. Washington, DC 2()210 2 . ) If the answer to the question, in, 1 . ) is yes, ttien an. intere,�,,;t4aa d,J F.,darty (those aff any,(:ated by the action) c.�a,n request review ,,,,ind from. tl,�e Wage ar"id, Hour Ad.aa:,t i r.,tJ.st r a.t r (See 29 CFR Part 1 . 8 and 29 C]"Tl?, Fla_;a:t 7) . Write to : Wage and Ho�.i,r Administrator U. S . Def-,,,artment of Labor 200 Constittition Av mue, N .W. Washington, DC 20210 J.'he request shou,ld be accompanied by a fUll statement of the interested par ty ' s position and by any information (wage payment data, project description, area practice material, etc . ) that the re(.pxe,!,z;tor considers relevant. to the issi.,ie . 3 . ) If t1le decision of the Ad.r"rkiriistrator is not fa,,forable, an interested pa..-rty may appeal directly to the Adi-Anistrative Review Board. (formerly the Wage Appeals Admtinistrative Review Board U . S . Department. of Labor 200 Constitution Avenue, N .W. Washington, DC 20210 4 . ) All, decisions by the Adrt)dnistrative Review Board are final . END 01"' GENERAL DECISION" 45 1958 1959 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, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member, of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the 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 agreernent, the undersigned shall complete and submit Standard Forrn-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 rants, and contracts Linder, grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Tftle 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. e 11 The Contractor,", 41a AIA 4,QjKxertffies or affirms the truthfulness and accuracy of each staterne t of i4erflfication 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 -,nature of C tractor's kuthorized Official P" din Narne add Title of Cont-ractoes Authorized Official Date 47 1960 DISCLOSURE Of LOBBITNG AC TIN 7-F[Z':r1c)(MM, DISPCLO�'z PLMI"5MkNIT TO 3'!U,S.C-1 7 52 1. Type of Federal kedow 2. Status of Federil,Actiom J, Report Type: ,cortrUr. =n.bA,'aff!4r'upq!kadom =a.Lmtm I b, Zram b, mutial,aw md. b, mamml change coopw'111've aueemew. C. posl-awazi 1, 1 Dm For MatenyAl Champ Ouly: E. Loan gumawee WEN— qmrml f.. Imimsurame date of Lut-reporr. 4, Name ud Addres,s of R*,Wrbng Eathy 5. IfR#,poimgEatihimNo..4i,sSubaw,ardee, EMter Name and,Addrem of Pr me: Prime F—I sutmwwdee Tier LUDGWE if Imown if nown & Federal Dep,;%rtm*mU-AgencT: 7. Federal Program NamDestripbou: CTDA Number:if nppli,coble 0,, Federa.]ActiamNamb,er,ifkn,owr. 9. Award Amoomt,if'known: 10. a. N,2me,-wndl Addres.,,,of Lobby Embt, b, IudhiAtmals Performimg Senrue�- (mc"wdjm_g ,11 Iml mme, name.MT adjzess ff differecl bom No. IOn) rlmx nme,first mme,MT) (avach Cojlv�lmarion Shur.()ffneces.my) 11. Amount of Paymmeat(cIm k aM that,apply) D. Type of Paymmemt(Awk all that apply) ❑actual F—I ° F—I a, termer ❑ b. one-dme 12. For of Pavmmt(Check all that apply):: C° commi�iiou CjsII & cmtjn-p ent fee F-] br in-1-ind, spec!.Tyr: narmre e def'gralr volae f, obu.Specify 14. Brief Descriplion of SenIces Performed or to be performeA and Date()of Serme,iacludimg cifiker(i),employ*i),or memb*r(s)camtacted.,for Paflymeint liadicateA in Rem 11: (nMach Cortu mat Lmc Sheetf s)if mecesury) Is. Coubmadom Slwet(�)affached".. Yes: F—I -ND El L6,, 7-Exrmatirm r.K7zAiwd dw— -�Lr.ferm ii6 rm�hwi"d b-y Tidi�31 U,5.C.Sw cu.052 Tlo&Kk�w; ¢in M tiro¢ 5igianue: rmisa m ua p trc°gid by,tbA�Ar mb ra ,wb&m&w mmagm cm W-&Irm3&w'wur"Qdi='rj Ma&I'd ally v�%mqowiNA Print Name: punumt 5.C.1a12. TIL�izdzu.,26cm,;.m'7116s r-opomi Ccup Nummuwmlip.=d wM 1%maZahlq&-Kr puUc iavpoc6mm. Arn-pwmom'%`w,EazYa toEk &rklmm ViaZbmv,*;,ct ia a.,ci7ffl paw-^e ofmat Lv;i LYE S 10,0)=a Um-m-10M U MOOG=imcmmzh aLi:"CXQ. Telchase'No-, Cate: .Authonz ed fm IAc n-7 Repmdw.:ti•m Siandrdr FQCM-LILL 2-6c PART Z COUNT 48 1961 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 ofa 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-Lip report caused by a material change to the information previously reported, enter the year and quarter in Mich the change occurred. Pinter the date of the last, previously submitted report bythis 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 enfilythal designates if it is or expects lobe a prime or subaward recipient. Identity the for of the subawardee,e.g.,the first subawardee of the prime is the first for. 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"Subawardec"then enter the full name,address,city,state and zip code of the prune Federal recipient. hiclude Congressional l)istiict,it'klio-,Mi. 6. Fntcr the muric of the Federal agency making the award or loan commitment. Include at least one organization level below agency name,iknown. lror example,l)epairtmeniol"I'rainsportaition,united Statues Coaist(ivaird. 7. E',mer the Federal program name or description Jor the covered Federal action(item 1). ll'known,enter the fidl Catalog of Federal Domestic Assistance(CF'DA)number for grants,cooperative agreements,loans and loan commitments. 9. F,ntcr the most appropriate Federal identifying number available for the Federal action identification in item I(e.g., Request for proposal(RFP)number,Invitation for Bid(11,13)number,grantannouncementriumber,the contract grant,or loam award riumber, the application/proposal control number assigned by the Federal agency). Include prefixes,e.g., "RFP-DE-90-001." 9. For a covered Federal action Mere 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)Fmter 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). Fmter Last Name,First Name and Middle Initial(MI). II. 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-1,1,1,lnstructions Rev.06-04- 90<<F,NDIF>> 2-6d PART 2/COUNTY 49 1962 DRUG-FREE WORKPLACE FORM The undersigned vendor in 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 maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3, Give each employee engaged in providing the, commodities or, contractual services that are under proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify 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 contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5, 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, or any employee who is so convicted. 6, Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this rm. mplies fully with the above requirements. (proposer` gnature) STATE OF: F1 of-Idek. COUNTY OF: Subscribed and sworn to(or affirmed)before me,by means o h ica I presence or 0 online notarization, on 01 - r (date) by (name of affiant). He/She is personally known to me or has produced A) A- (type of identification)as identification. TIF S 4i I ' ' Rai:] Comminion#HH 011177 'TA Y PUBLIC Expires June 23,2024 Bonded Ttn Yroy FaIn lawwo WM85-7019 My Commission Expires: PROPOSAL FORM 00120-Page 35 of 95 1963 LOCAL PREFERENCE FORM , Vendors claiming a local preference according to Ordinance 2 -2009, as amended by Ordinance nce o. 4-201 and 02 -2015, must complete this form. Name of Bidder/Responder: I# -T#16 Gate. 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 s day to day basis that is a substantial component of the goods or services being offered to MonroeCounty? ("the physical business address must be registered as its principal place of business with the Florida Department of State for at lest one(1) year prior to the notice of request for bid or proposal.) list ddr s . ' � , x Telephone Number: d B. Does than vendor/prime contractor intend to subcontract 0% or more of the goads, service „ or construction to local businesses meeting the criteria above as to licensing and location? _ ..:.. f yes, please provide.: 1. Copy of Receipt of the business tax paid to the Monroe County`fax Collector by the subcontractor dated at least one(1) year prior to that notice or request for bid or proposal. 2.Subcontractor's physical business address within Monroe County from which than subcontractor operates (The physical business address must be registered as its principal place of business with the Florida Department of State for at least one(1)year pricer to the notice of request for bids or proposals) " Tel. Number Address Print Name: ignatur and Titl of uthori ed Signatory for idarl. , ponder 9 STATE OF. f COUNTY F. ubscr ibed and sworn to or affirrned before me,b means of h �ical presence or®online notarization„ ( ) y p y on qr _ (date) by (name of affiant.).. He/She is personally known to me or has produced (type of ifdentiification)as identification. � "..„.., TIFFANY FOLKS `` '�w carrnrrdt�ir`�f fttt1"�� �a { Ex it "luoa , i3 4 PUBLIC rs�yF�rn 7r� y Commission Expires: PROPOSALFORM12 - Page 36 of 95 1964 PUBLIC ENTITY CRIME STATEMENT "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, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may hot be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR 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 36 months from the date of being placed on the convicted vendor list." Is (Proposer's n ame) nor I have read the above and state that neither 6v Av* Atir 6Q* fd any Aff illate has been placed on the convicted vender list withirly ti le last thirty-six (36) rnonths. (Si gnat re) Date', q 14 STATE OF: ID It I COUNTY OF: A tot Subscribed and sworn to (or affirmed) before me, by means of V,physical presence or, El on fine notarization, on (date) by n - (name of aff i ant), Hal Sheis personally known to me or has produced d, (type of identification) as identification. TIFFANY FOLKS ommmW#GBH 011177 Exores June 23,2024 PUBLIC (SEAL)E BOWW Twu Ttay Fain inswarm 8MM-1019 My Commission Expires: --------------------- PROPOSAL FORM 00 12 0- Page 37 of 95 1965 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Project Descriptinn(s): .... Ma, 1 Respondent Vendor amrrc: A(Urnb� ri-OW, , A Vendor F f;l : �.n. Vendor's Authorized Representative Name nand"fitle: � t Address. City: State. zrp Phone lumber..._ ".. ....m. :.. fwrnailAddress: ti aI I. (ofn Section 287,135, Florida Statutes prohibits a company from bidding on, submitfing as proposal for, or entering into or renewing a contract for gourds or services of any arrrount if, at the timne of contracting or renewal,the company is on the Scrutinized Companies that Boycott Ismael 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,submitting a proposal for,or entering into or renewing a contract for goods or set-vices o�f$1,000,000 or inorc, tlraat are on either.:the Scrutinized d o pan°i s with Activities in amdart 'List or the Scrutinized d c rrti arrics with Activities in the Iran Petroleum fan r" y Sector Lists which m ere created pursuant to s.215,473, Florida;Statutes,or is engaged in business operations in CUba or Syria. has the person authorized to sign on behalf of Respondent, I hereby certify, that the company, identified above in the 'Section entitled "Respondent Vendor lame" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in as boycott ofIsrael and for Projects of'$1,00 ,000 or rnor°e is not listed on either the Scrutinized Companies with activities in Sudan list,the Scrutinized Companies with ,activities in the Iran Petroleurn Energy Sector List,or engaged in business operations in Cuba or Syria. l understand that pursuant to Section 287.135, Florida Statutes,the submission of a.false certification may su ject company to civil penalties„attorney"s fixs,and/or coasts. l further understand that any contract with the County may be terminated, at the option of the County, if the company is fecund to have submitted a false certification or has been placed on the Scrutinized Corrrparnes that Boycott Israel List or engaged in a boycott:of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the bare Petrolcurn Energy Sector List or been engaged in business operations in Cuba or Syria. Certified y: � __.. qjt m.0 ._.._..__.. ..__ lw is authorized to sign on krehalf`of`the above renc:ed company. Authorized Signature: Print Dante ..._ _:.. _........ Title: f Tote.The List are available at the following Department ofManagement Services Site: I�tj4)� i `yr.drrt .nr y flc ridaa.ctrWl tr sirrew fr i r titf€y tq taa Lir�l anti v rlcic r it f�arrrratwrt rt;a crsfyict d sLms prrrtdcti tea,,,,croln�r�;�rte) err t lacing®rendor lit l f fJ L FOB 0120- Page of 95 1966 PROPOSER'S 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 by 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 arc, preferred: $200,000 per Person $300,000 per Occurrence $200,000 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 COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions, or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs, or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors, or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and riot less than $1 million per occurrence pursuant to FIB. Stat,, Sec, 725,06. The limits of liability shall be as set INSURANCE REQUIREMENTS AND FORMS 00 130- Page 43 of 95 1967 forth in the insurance requirements included in this Section 00130. Insofar as the claims, actions, causes of action, litigation, proceedings, costs, or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf, The extent of liability is in no way limit ed to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT, PROPOSER'S STATEMENT .............................................................................................. I understand the Insurance that will be mandatory if awarded 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. om J�c - paw PROPOJER Signature INSURANCE REQUIREMENTS AND FORMS 00 130- Page.44;T95 1968 AC"RV CERTIFICATE OF LIABILITY INSURANCE DAT9/1412021 09/14/2021 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. jNPj5RTXRT: if ffjj cerilflcate holaer Is an ADDITIONAL INURED,the policylleal Mu—st-Fv-endorsed. R 31015ROUTMAI 19 WAIVO,Su5ject 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 ondorsement(s). PRODUCER CONTACT NAME: Amanda Harvin PGI of West Central Florida,LLC 73809 -242-9619 E SR 64dapglofWestcINSURER(SI AFFBradenton FL 34208gefield Empto eRED B-: Gary's Plumbing and Fire,Inc INSURERC: 6409 2nd Terrace INSURER D: Ste 1 INSURER E: Key West FL 33040 INSURERF. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS is TO CERTIFY THAT THL,POLICIES OF INSURANCE LISTED BELOW RAVE BEEN ISSUED TO THE INSURED NAMED ASME 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 REOUCED BY PAID CLAIMS. .. _. a. _. LTR TYPE OF INSURANCE INgp yyyD POLICY NUMBER (MMID MM00 LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ '1'(T�tFe11iTED�,•° S CLAIMS-MADE OCCUR PREMISES(Ee oocurronco) MED EXP(Amy one Person) S........................ .....M PERSONAL R ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER )f GENERAL AGGREGATE S I PRO- _ .�.x. .„.. ...... PL OLICY L__ JECT LOC PRODUCTS-COMPIOPAGO S OTHER'. y "' � $ AUTOMOBILE UASSUTY "" S 10 5 2 2 :n BODILY ILY IN(a ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED BODILY INJURY(Peracddsrd) S AUTOS AUTOS OPERTY DAMAGE H RED AUTOS AUTNONE NEO (Par wxidant) E S UMBRELLA LIAR OCCUR EACH OCCURRENCE S EXCESS LIAR ''...,CIAIMS•MADE AGGREGATE S _... _... .� �- DEO RETENTION$ S WORKERS COMPENSATION X STATUTE ER AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE �Y r N E..l.EACH ACCIDENT S 1,000 OOO A OFFICERMEMBER EXCLUDED? ! '• I N t A 830-52315 02/06/2021 02/06/2022 E.L DISEASE-EA EMPLOYEE.$ 1,000 000�____ (Mandatory In NH) .__ 11 yS des�Ct9be under E.L.DISEASE-POLICY LIMIT E 1,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addelonal Remarks Bdwdule,may be attached N 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 Board of County Commissioners c/o Purchasing Department AUTHORIZED REPRESENTATIVE 1100 Simonton St.,Room 2.213 .//�� -T� Key West FL 33040 (�da /•.uiLautrr I (P 1988.2014 ACORD CORPORA ION, All rig lRts reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD 1969 Client#:66814 GARPL ACORD,. 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. If the certificate holder Is an ADDITIONAL INSURED,the policy(ios)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-on'dorsement(s). iPRODUCER NAME'-,"' Amanda Lisenbey PHM, 1).239 659-8867 AIC,No); 239 213-2803 Acrisure dba Gulfshore Ins-SF (A, 4100 Goodlette Rd N I En AIL Alisenbey@gulfshorelnsurance.co n Naples,FL 34103 INSURER(S)AFFORDING COVERAGE NAIC 239 2611.3646 INSURER A;Obsidian Specialty Insurance Company 16871 INSURED INSURERS:Commerce&Industry 19410 Gary's Plumbing and Fire,Inc. INSURER C:The Travelers Insurance Company 36137 6409 2nd Terrace,Suite I INSURER D t Key West,FL 33040 INSURER E INSURER P 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. #61.6Y EFF POLICY EXP LIMITS TYPE OF INSURANCE INSR WV0 ........_".' POLICY NUMBER (A�W_oq(ff_M)' A X COMMERCIAL 0 NERAL LIABILITY X X PTCGLOOOOOOD7800 8113/2021 08/1312022 EACHOCCURRENCE $1000 000 $100 CLAIMS-MADE ' X OCCUR .ENTCD 00 B I/PD Ded:2,500 MID EXP(Any one person) $10,000 - PERSONAL&ADV INJURY 11,000,000 ............ GWL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY L--nj V11 PRO- JECT LOC PRODUCTS-COMPIOP AGG $2?9�00,000 ! OTHER: C6W9A__E_0_i§iiRGLF C AUTOMOBILE LIABILITY X X BA4SS617752142G 8113/2021 081131202 Ej,mMent) .11,0001000 BODILY INJURY(Per person) 7521 2 X ANY AUTO 17: OWNFO SCHEDULED BODILY INJURY(Per accident) $ AUTOISONLY AUTOS 'row- A -_ $HIRED NON-OWNED PRO MACE x AUTOS ONLY AUTOS ONLY NX _�MOWj�LA LIAR 1 21 08/1312022 EACH OCCURRENCE is OCCUR x x SE049327143 _$6_L0_00-000 CLAIMS-MAO $5000000 X I EXCESS LIAS AGGREGATE RETENTIONS M PERI IOTH. WORKERS COMPENSATION AND EMPLOYERS`LIABILITY YIN ANY PFAOPRIETOPJPARTNFWEAECUTIVE--- EL_EAC14ACCIDENT OFF tC 5FUM EM BE R EXC LUVE DA I1 NIA BY, $ (Mandatory In NH� E.L.DISEASE-EA EMPLOYEE,$ it is 10 . 5 . 2021 ___ z 0"Uma under ATE, E.E.DISEASE-POLICY LIMIT $ DE� Rtjt(��OF.OPERATIONS.belcw I—....... C WANW K^zXyft,"- DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be sittachad 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 ANY OF A BE CANCELLED BEFORE Monroe County Board Of County THESHOULD EXPIRATIONTHE DATE DESCRIBED E THEREOF, NOTICE POLICIES 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 "-.Cp I @ 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(21111IW03) I of I The ACORD name and logo are registered marks of ACORD #S1724178IM1718211 AHL18 1970 GARYPLU-02 TMARKEE ACORO"° CERTIFICATE OF LIABILITY INSURANCE DAT914/2 D/YYYY) 025 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 Taylor Markee Acrisure Southeast Partners Insurance Services,LLC PHONE,E,d, 239 261-3646 FAX 1317 Citizens Blvd ) ( ) (A/C,No): Leesburg,FL 34748 E-MAIL tmarkee@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. INSURER C:The Burlington Insurance Company 23620 6409 2nd 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 MM/DD A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X X X PREMISES Ea occurrence $ OCCUR PTCGL000000078-04 8/13/2025 8/13/2026 DAMAGESTO (RENTED 100,000 MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X 71 PRO- POLICY LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 Ea accident $ X ANY AUTO X X BA-4S561775-25-42-G 8/13/2025 8/13/2026 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED X NON-OWNED PerOacEciCent AMAGE $ AUTOS ONLY AUTOS ONLY C UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 X EXCESS LIAB CLAIMS-MADE X X 604BE0642303 8/13/2025 8/13/2026 AGGREGATE $ 4,000,000 DIED RETENTION$ $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y N X STATUTE ER TWC4657250 8/13/2025 8/13/2026 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ Mandatory in NH)EXCLUDED? N/A 1,000,000 E.L.DISEASE-EA EMPLOYEE $ If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below as_ igI r E.L.DISEASE-POLICY LIMIT $ 71 e9M_ 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 0321 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 County BOCC THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St Key West,FL 33040 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights res-- The ACORD name and logo are registered marks of ACORD 1971