Consent to Assignment 08/16/2006
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 29, 2006
TO:
Dent Pierce, Director
Public Works Division
ATTN:
Beth Leto, Administrative Assistant
Public Works Division
FROM'
Pamela G. Hanc~
Deputy Clerk CY
At the August 16, 2006, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Consent to Assignment of the month-to-month
maintenance agreement for the two centrifugal chillers at Jackson Square from York International
to Johnson Controls.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File/
** Board Certified in City, County & Local Govt. Law
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BOARD OF COUNTY COMMISSIONERS
Mayor Malio DiGennaro, District 4
Mayor Pro Tern Dixie M. Spehar, District 1
George Neugent, District 2
Olalies 'Sonny' McCoy, District 3
Sylvia M. Murphy, District S
OK'!v~lY ~og,~~E
(305121W~1
Suzanne A. Hutton, County Attorney""
Robert B. Shillinger, Assistant County Attorney **
Pedro J. Mercado, Assistant County Attorney
Susan M. Grimsley, Assistant County Attorney
Natileene W. Cassel, Assistant County Attorney
Office of the County Attorney
PO Box 1026
Key West, FL 33041-1026
(305) 292-3470 - Phone
(305) 292-3516 - Fax
November 27,2006
via courier
Ms. Pam Hancock
Office of the Clerk
RE: Consent to Assignment from York International Corp. to Johnson Controls, Inc.
Dear Pam;
Please see attached 4 duplicate original Consent to Assignments with corrected signature lines.
The first Consent to Assignment was approved by the BOCC but not signed by the Mayor because of
deficiencies in the signatures. I sent the Consent to Assignment back to Johnson Controls, Inc. with
corrected signature lines and they returned the new originals to me signed with the corrections.
The body of the assignment has not changed. After consulting with the County Attorney, it is our opinion
that the new signatures lines only clarifY the document and do not change it in any significant way therefore
it does not have to go back to the BOCC for approval. The Mayor may sign the corrected Consent to
Assignment as attached.
If you have questions, please call me.
~~ cJa~f..-d!-
/~~~ne W. Cassel
Assistant County Attorney
Monroe County Attorney's Office
P.O. Box 1026
Key West, FL 33041-1026
(305) 292-3470
(305) 292-3516 (fax)
Please note: Florida has a very broad public records law. Most written communications to or from the County regarding County business are public records
available to the public and media upon request. Your e-mail communication may be subject to public disclosure
D Z. t-/
CONSENT TO ASSIGNMENT
TIns Consent to Assignment is entered into this ,/'JI.. day of t2"i,"A~ , 2006, by
and betw(:en Monroe County, a political subdivision of the State of Flori hereafter County,
YORK INTERNATIONAL CORPORATION, Assignor, and JOHNSON CONTROLS, INC.,
Assignee, the parties agreeing as follows:
I. By a change of ownership effective December 9, 2005 from Assignor to Assignee, the
Assignor assigned to Assignee all the Assignor's rights, title and interest in the
original agreement dated April 20, 2005.
2. In consideration for sueh consent, the Assignee agrees to be bound by all the terms
and conditions of the original agreement, as amended above to provide for payment to
be made to the assignee.
(SEAL)
ArrEST: DANNY L. KOLHAGE, CLERK
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Deputy Clerk
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MONROE COUNTY ATTORNEY
APPROVED AS TO~
NATILEENE W. CASSEL
SSISTANT COUNTY ATTORNEY
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aMARSHUSA IN` C 'I t,' g ` ' "'CERTIFICATEiOFINSUI AN` -.1-- � DATE -
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PRODUCER : - '• L - . , • THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION-ONLY AND CONFERS -- -• -
_ NO RIGHTS UPON THE CERTIFICATE HOLDER OTHER THAN THOSE PROVIDEDIN THE
I Marsh USA Inc 6276SAI . -_ ""_"' -- --POLICY, THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE
411..East.Wisconsin•Avenue "r I AFFORDED BY THE POLICIES DESCRIBED HEREIN: - , . - __.__...
Suite 1600...... _........"... .- AM east Rating
COMPANIES AFFORDING COVERAGE (na4arosnwos
Mikvaukee`Wisconsin 53202-4419 , i *See
Attn: CPU phone(414)290-4912 Fax(414)290-4953 °' ' .- *Se
CPULMilwaukee@marsh.com '` )_r �Co{mJ an� Ill, is Union Insurance Company A+;X�/
{L.L,'L. pA�l.J P. .Box 41484,Philadelphia,PA 19101 .
INSURED Company S4sth
ntry Insurance A Mutual Co. A+XV
Johnson Controls,Inc. Attn: Corp.Rink Mgmt X-92
'' 'Johnson Controls Battery Group,Inc. P.O.Box 591 B 1800 Point Drive,Stevens Point,WI 54481
Johnson Controls Interiors,L.L.C. Milwaukee,W 53201 F E B COnp r j7 Indemnity fftsurance Company of North America_
Johnson Controls of Puerto Rico,Inc. C and for CA ACE American Insurance Company A+XV
Cal-Air,Inc. . P.O.Box 41484,Philadelphia,PA 19101
GES America,L.L.C. QQmpaay 1
Optima Batteries,Inc. MONI;OE CONiY Lexington Insurance Company
Pro-Tel,Inc.USI A+XV
USI Companies,Inc. RISK 1 IANAGEMENT 10)Summer Street,Boston,MA 02110
York International Corporation I
COVERAGES ==This,certificate'supersedes,:and,replace"sang, reuaoustyr ssu rl edrtlft aae ;N -_ . 5g gi .� AV 'YE
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE DESCRIBED HEREIN HAVE BEEN ISSUED TO THE INSURED NAMED HEREIN FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE CERTIFICATE MAY BE ISSUED OR MAY
PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,CONDITIONS AND EXCLUSIONS OF SUCH POLICIES,LIMITS SHOWN
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO POLICY EFFECTIVE POLICY EXPIRATION
LT TYPE OF INSURANCE POLICY NUMBER DATE(MMIDD/YY) DATE(MM/DDY) LIMITS
/Y
R
A GENERAL LIABILITY(1)(3)(4) GENERAL AGGREGATE $5,000,000
X COMMERCIAL GENERAL LIABILITY HDOG23719290 10-1-2006- 10-1-2007
PRODUCTS-COMP/OPAGG- • $5,000,000
CLAIMS MADE X OCCUR ' - - - - -- $5,000,000
PERSONAL&ADV INJURY
OWNER'S&CONTRACTOR'S PROT
.. - - " EACH OCCURRENCE $5,000,000 -
;;,X.,, Contractual'.::r:.. 1
--'_'"-""'-- FIRE DAMAGE-(Any one fire) $5,000,000'
X,C,U(Explosion Collapse,Underground) - ,
X. Atltlilional Insured-Owners Lessees or - -
_ _ $.` 50 000 .
Contradors See Below L- - ,. .- = MED EXP(Anyone person)- " ,-- _ ,
B-:AUTOMOBILE LIABILITY(2)(3)(4)
90-04606-01 10-1-2006 10 1-2007 COMBINED:SINGLELIMIT $4 000;000
X ANY AUTO - - - :1,2.- , -
ALL'OWNED AUTOS At�jr �, r ,) �.,� II` `/ vp `• BODILY INJURY
SCHEDULED AUTOS .. f".i I'r v''°.. - t ;: f�'I , ,?i.:' ,ad- (Per person)' .'
X HIRED AUTOS EY BODILY INJURY
X """"```'�\\ r ���111 (Per accident
NON-OWNED AUTOS i(I—Q.,-- )
o r I E PROPERTY DAMAGE
GARAGE LIABILITY - WAIVER N/A rti;�v _- -" r
AUTO ONLY-EA ACCIDENT
� i `
ANY AUTO ' .^ OTHER THAN AUTO ONLY: ,„, .4,,,:a
C C' ��,�9 _ __ - EACH ACCIDENT - -
D EXCESS LIABILITY cdT $5,000,000
5577492 10-1-2006 10-1-2007 EACH OCCURRENCE
X UMBRELLA FORM f' AGGREGATE(- �j $5,000,000
OTHER THAN UMBRELLA FORM j'
C WORKERS COMPENSATION AND W LRC44441 135 10-1-2006 10-1-2007�-` X WC STATU- 0TH
EMPLOYERS'LIABILITY(4) WLRC44441111 -CA TORY LIMITS ER ,a,,,,{,' X ,n#
The Indemnity Insurance Company of North
EL EACH ACCIDENT $1,000,000
THE PROPRIETOR/ X INCL America program applies to all JCI entities in all EL DISEASE-POLICY LIMIT $1,000,000
PARTNERS/EXECUTIVE states except for the self-insured entities and the
OFFICERS ARE: EXCL monopolistic states. EL DISEASE-EACH EMPLOYEE $1,000,000
OTHER
(1)ADDITIONAL INSURED:If required by contract,Includes coverage for Additional Insureds per attached endorsement.
(2)ADDITIONAL INSURED:If required by contract,Includes coverage for Additional Insured and Loss Payees as required by contract.
(3)PRIMARY COVERAGE: Where required by lease or contract,this coverage is primary and not excess of or contributing with other Insurance or self-Insurance.
(4)WAIVER OF SUBROGATION: Insured waives subrogation to the extent required by contract.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS JCI Contract No.
Project Name:
Customer PO Number:
'CERT#Ft. ATE t10LDE ,.3._,.Y _.._i c, ,' GELLLA.. ION .-..- ,... .. _ S .. 0 4• € � , a :.7.m_.__
.....<..<.qs..�.. -..- ---- `-- SHOULD ANY OF THE POLICIES DESCRIBED HEREIN BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,
Monroe County Board of County Commissioners THE ISSUING COMPANY WILL S"'^""'^'1T')MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER
1 100 Simonton Street NAMED HEREIN,
Key West,FL 33040
MARSH USA INC.BY:
AM:Bestratings of Insurers aregrnerdedfpr eformetron'pury osee ontypnc are beneAsenn inferrentlrnwlttr reppoct Leenett ratlngs evailaWe to March USAlnc:en tne'dateset ernr i ereln with respe„trier range.'MarshfUSAtnc:e'.
wllfnof,asderrhave naeecpenslsdllyat ebtigatIunto,informlhe aertifloafe nerderurraBlPerson tellag uponrh,Is cetl!cat'g�ufany dhar!6 titer .M.Best rathgrsb`ctrurdng attereuncclim.atsI U IJlc wfttave paItabulBywita
reepecttoth*.Soh'enoyorfdtdreanllllyto`pay otaleta eFany ertftiulnesranwieampanids Which ria"ve:issuedate,inivahce ns8C7eBwrer cedharelna ,,,>.F.'F l,, r.., ;,.t +':; Y' _,,.i ";^'. ii LF Ili`., r
POLICY NUMBER: HDOG23719290 COMMERICAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE 3
Name of Additional Insured Person(s)Or Organization(s):
If required by contract, Monroe County Board of County Commissioners
Location(s)Of Covered Operations All as required by contract.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Endorsement#A2
1ADDITIONAL INSURED OWNERS,LESSEES ORrCONTRACTORS -NAMED IINSURED'S ACTS
OR OMISSIONS Oi LYE ��a a
, ',s . :r, E._ ' 4`, 4 :z`Ai. ';.t.. .. ?g.. ;.';✓ .�,'..� 1� z
A. Section II-Who is An Insured is amended to include as B. With respect to the insurance afforded to these additional
an additional insured the person(s)or organization(s) insureds,the following additional exclusions apply:
shown in the Schedule,but only with respect to liability for
"bodily injury","property damage"or"personal and This insurance does not apply to"bodily injury"or
advertising injury"caused solely by: "property damage"occurring after:
1.. Your acts or omissions;or 1. All work,including materials,parts or equipment
furnished in connection_with such work,on the
2. The acts or omissions of those acting on your behalf; project(other than service,maintenance or repairs)
in the performance of your ongoing operations for the to be performed by or on behalf of the additional
additional insured(s)at the location(s)designated above. insured(s)at the location of the covered operations
has been completed;or
2. That portion of"your-work"out of which-the-injury-or ----
damage arises has been put to its intended use by
any person or organization other than another
contractor or subcontractor engaged in performing
operations for a principal as a part of the same
project.
Endorsement#A2A
ADDITIONAL INSURED OW E.RS,LESSEES OR CORACTORS-COMPLETED OPERATIONS - ±
NAMED INSURED'S ACTS ORNT OMISSIONS ONLY ����
r .. - . r. fie,?. .:-z
Section II-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s)shown in the
Schedule,but only with respect to liability for"bodily injury"or"property damage"caused solely by"your work"at the location
designated and described in the schedule of this endorsement performed for that additional insured and included in the"products-
completed operations hazard."