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Month to Month 12/14/2016 KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: January 12, 2017 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc ck, eputy Clerk SUBJECT: December 14th BOCC Meeting Attached is a duplicate original of Item C3 Month to month renewal Agreement with Air Mechanical & Service Corp. for a full maintenance program for the two centrifugal chillers at Jackson Square. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File ✓ MONTH TO MONTH RENEWAL AGREEMENT FOR FULL MAINTENANCE PROGRAM — CHILLER SYSTEMS JACKSON SQUARE, KEY WEST, MONROE COUNTY, FLORIDA This Agreement is made and entered into this I4 of December, 2016, between MONROE COUNTY, FLORIDA ( "COUNTY "), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and Air Mechanical & Service Corp. ( "CONTRACTOR "), a Florida corporation, whose principal address is 4311 W. Ida Street, Tampa, Florida 33614, and whose mailing address for purposes of this Agreement is 2700 Avenue of the Americas, Englewood, Florida 34224. WHEREAS, the parties hereto did on September 17, 2013, enter into an agreement to provide a full maintenance program for the Jackson Square chiller systems, Monroe County (hereinafter "Original Agreement "); and WHEREAS, on October 17, 2014, the Board of County Commissioners ("BOCC") approved the 1 renewal of the Agreement for a one (1) year term which expired on October 31, 2015; and WHEREAS, on October 21, 2015, the BOCC approved the 2 renewal of the Agreement for an additional one (1) year term which expired on October 31, 2016; and WHEREAS, the parties find it mutually beneficial to enter into this Month to Month renewal agreement of the Original Agreement and the aforementioned two renewals. NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: In accordance with the Original Agreement, Paragraph 6; 1. TERM OF AGREEMENT A. The County amends the Term of Agreement. This term will commence November 01, 2016, and continue on a month to month basis pending a solicitation, receipt of proposals, and an agreement for the services required for a full maintenance program of the chiller systems located at Jackson Square, Key West. 2. In accordance with paragraph 9 of the Original Agreement (Public Access), it shall be revised as follows: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and 1 related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs 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 F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: a. Keep and maintain public records that would be required by the County to perform the service. b. 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. c. 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. d. 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. e. 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 2 records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470, BRADLEY- BRIAN @MONROECOUNTY - FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12 STREET, SUITE 408, KEY WEST, FL 33040. Except as set forth in paragraph land 2 of this Month to Month Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement as Amended remain in full force and effect. "'Op S WHEREOF, the parties have hereunto set their hands and seal, the day and year first "g=g-: - • H �,�, al. IL BOARD OF COUNTY COMMISSIONERS s •, �! — - • • . ,CLERK OF MO OE COUNTY, FLORIDA ...... By � • . / By 2 ' Deputy Clerk Mayor c - Date r, N 0.- CONTRACTOR: 'Y - o :.� c AIR MECHANICAL & SERVICE CORP. tz.. -� s� l.. � By G' fitness Signature Signature of person authorized to legally bind corporation Daniel Shelatz Mark Castellano Vice President /Branch Manager Witness Pri ted Name op Print Name and Title i ∎idkut _. 1 ess Signature i an Donoho MONROE COUNTY ATTORNEY'S OFFICE i) A PR OVED AS TQ FORM _ Witness Printed Name cl21l A [r t C � � PATRICIA EABLES ASSISTANT COUNTY ATTORNEY DATE: _ It- 3 A D CERTIFICATE OF LIABILITY INSURANCE iz� 2i72oi6' 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 POUCIES 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 hotder In lieu of such endorsement(s). PRODUCER R Betay Crawford Lassiter -Ware Insurance of Jacksonville PHONE F :H, (800) 845 -8437 !a lese) -0610 8659 Baypine Rd ADDRESs;Betayce ter-ware . con Suite 100 INSURERS) AFFORDING covERAGE NAIC 0 _ Jacksonville FL 32256 ersupaRAAmeriaure Insurance Company 19488 INSURED INSURER 5 Ameri sure Partners Insurance 11050 Air Mechanical & Service Corp. INSURER C : 2700 Ave of The Americas INSURER D: INSURER E : Englewood FL 34244 INSURER F: COVERAGES CERTIFICATE NUMBER:17 /18 Master 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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONORIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, I LO , TYPE OF INSURANCE lyy0 , POUCY NUMBER craggy ) IINA ri Y1 UNITS GENERALUA3IUTY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL Loatury DAMAGE TO RENt6D PWEMrS S 300,000 A ---- JCIAaWSMADE © OCCUR CPP2095042 1/1/2017 1/1/2010 MED EXP (Any ono person) S 10,000 X Contractural Liability PERSONAL II AM/ INJURY S 1,000,000 X XCO Included GENERAL AGGREGATE - S 2,000,000 ( GENL AGGREGATE LIMIT APPUESPER PRODUCTS - COMP/OPAGG S 2,000,000 7 POLICY 1 �► I sGT I I LOC S AUTOMOBILE LIABILITY OMB _ _ 6 /INGLE LIMIT 1 1,000.000 B X ANY AUTO BODILY INJURY (Per parson) S . ..7 - UT AO -- S EDULED X095041 1/1/2017 1/1/2010 BODILY INJURY (Pee accidentt S A AUTOS X HIRED AUTOS X NO O ""� PROPERTTY�DAMAGE S X $10,000 PIP UNisured Motorists S 20,000 X UMBRELLA L p .... 0 OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS UAB CLAIMS.MADE :U2095043 1/1/2017 1/1/2015 AGGREGATE S 5,000,000 DED 1 X I RETENTIONS 10,000 - S WORKERS COMPENSATION X 1 W CS I A A TU. 1 1 AND EMPLOYERS' UABIUTY Y IN ANY PROPRIETOR/PARTNERIEXECUTIVE EL EACH ACCIDENT S 500,000 A OFFICER/NEMBER EXCLUDED? ❑ N!A 095044 12/31 12/31/2017 (Mandalay In NH) E L. DISEASE - EA EMPLOYEE S 500,000 lt yes d esaO , un der DESCRIPTION OF OPERATIONS below E DISEASE - POLICY UMIT S 500,000, DESCRIPTION OF OPERATIONS !LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more apses is requite) RE: Jackson Square The Monroe County Board of County Commissioners, its employees and officials are named as Additional Insureds with respect to General Liability, Automobile Liability and Umbrella ability when required by written contract. ' Ilf' W ` ' ' CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Wa.L BE DELIVERED IN Monroe County Board of County ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton Street AUTHORIZED REPRESENTATTYE #2 -284 Key West , FL 33040 =tr Kirk Braaiett /BETSTC " -- s - ACORD 25 (2010105) O 1988 -2010 ACORD CORPORATION. All rights reserved. INS025 MUNK% Th. £rfPr1 name and Innn ars rsnlefsrarl irk nr Arnim COMMENTS /REMARKS Air Mechanical & Service Corp.. Certificate Notes for Policy Term 12/31/16- 12/31/17(WC) and 1/1/17 to 1/1/18 General Liability: 1. Blanket Additional Insureds when required by written contract including Ongoing Operations and Products & Completed Operations per Form CG7048 (10/15). 2. Blanket Additional Insured Form #CG7048 (10/15) will convert to Form #CG2010 (11/85) when specifically required by written contract. 3. Blanket Waiver of Subrogation when required by written contract per Form CG7049 (11/109). 4. Primary & Non- Contributory when required by written contract per Form CG7048 (10/15). 5. General Aggregate Limit Applies Per Project per Form # CG7049 (11/09). Automobile Liability: 1. Blanket Additional Insureds when required by written contract Per Form #CA7171 (05/08). 2. Blanket Waiver of Subrogation when required by written contract Per Form #CA7171 (05/08). 3. Automobile is a statutory coverage mandated by State Law. As such, coverage is primary and non - contributory. Workers' Compensation: 1. Blanket Waiver of Subrogation when required by written contract, Form #WC000313. 2. Workers' Compensation provides coverage for the Workers' Compensation benefits of the State where the project is located. 3. Worker's Compensation is a statutory coverage mandated by State Law. As such, coverage is primary and non - contributory. Umbrella: 1. General Liability, Automobile and Employers Liability are listed in the underlying schedule on the Umbrella policy. 2. The Umbrella policy contains its own terms and conditions, however, the following endorsements have been added: a. Umbrella Policy per Project Aggregate per form CU7212 (08/07). b. Primary & Non Contributory when required by written contract per form CU7467 (08/10). 3. Transfer of Rights of Recovery if prior to loss. General Information: 1. The General Liability, Automobile and Umbrella policies all contain a Severability of Interest Provision. 2. The General Liability policy contains no specific residential exclusions and is subject to ISO Form CG0001 (04/13) 3. The certificate notes shown above reference the following policies: CPP2095042, CA2095041, WC2095044 and CU2095043 ALL COVERAGE IS SUBJECT TO THE POLICY TERMS, CONDITIONS AND EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC.