1st Amendment 06/17/2020 `1 1
atA., g Kevin Madok, CPA
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,a, �r_ Clerk of the Circuit Court&Comptroller—Monroe County, Florida
DATE: July 13, 2020
TO: Alice Steryou
Contract Monitor
FROM: Pamela G. Hanc<11
' .C.
SUBJECT': June 17' BOCC Meeting
Attached is an electronic copy of the following item for your handling:
Q8 1 st Amendment to Agreement with Master Mechanical Services, Inc., for Middle
Keys HVAC Maintenance&Service, to increase the annual compensation amount by$50,000.00;
and revise Maintenance of Records provision. 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 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FIRST AMENDMENT TO AGREEMENT
MIDDLE KEYS HVAC MAINTEANCE AND SERVICE
MONROE COUNTY, FLORIDA
THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 17th day
of June, 2020, between MONROE COUNTY (hereinafter "County" or "Owner"), a political
subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida
33040, and MASTER MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florida
corporation, whose address is 15181 NW 33 Place, Miami, Florida 33054,
WHEREAS, the parties hereto did on March 21,2019, enter into an Agreement for HVAC
Maintenance and Service for the County's Middle Keys Facilities, (hereinafter "Original
Agreement"); and
WHEREAS, Paragraph 5,E, of the Original Agreement provides that the total
compensation to the Contractor shall not exceed Seventy Thousand and 00/100 ($70,000.00),
Dollars annually,unless pre-approved emergency work requiring additional funds is implemented;
and
WHEREAS, there has been unanticipated repairs and/or emergency work at various
locations, exhausting the annual compensation amount for this year with four (4) remaining
summer months; and
WHEREAS, the parties find it would be mutually beneficial to increase the annual
agreement amount by Fifty Thousand and 00/100 ($50,000.00), from Seventy Thousand and
00/100 ($70,000.00) Dollars to One Hundred Twenty Thousand and 001100 ($120,000.00); and
WHEREAS, County also desires to revise the Maintenance of Records provision of the
Original Agreement to update the provision and/or add correct errors pursuant to its ordinances;
and
WHEREAS, Contractor agrees and consents to such revisions in its Original Agreement
to update the provision and/or correct errors and ensure compliance with the Maintenance of
Records provision; and
WHEREAS,the parties have found the Original Agreement to be mutually beneficial;and
WHEREAS, the parties find it would be mutually beneficial to amend its Original
Agreement and enter into this First Amendment to Agreement; and
NOW THEREFORE,IN CONSIDERATION of the mutual promises and covenants set
forth below, the parties agree as follows:
1. Paragraph 51. of the Original Agreement, shall be amended as follows:
E. Total Compensation to CONTRACTOR under this Agreement shall not exceed ONE
HUNDRED TWENTY THOUSAND AND 00/100($120,000.00) Dollars annually,unless
pre approved emergency work requiring additional funds is implemented.
2. Paragraph 8,Maintenance of Records,of the Original Agreement,shall be amended as follows:
8. MAINTENANCE OF RECORDS
Contractor shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently
applied. 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 four(4) years following the termination of
this Agreement. If an auditor employed by the County or Clerk deter-nines that monies paid
to Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, or were wrongfully retained, 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.
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; any other
supporting evidence deemed necessary by Owner 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 Owner'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 Owner's representative and/or agents of Owner or the County Clerk.
Owner 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 seven (7) years after Final
Completion. The County Clerk possesses the independent authority to conduct an audit of
Records, assets, and activities relating to this Project. The Right to Audit provisions survive
the termination or expiration of this Agreement.
- 2 -
3. Except as set forth in Paragraphs I and 2 of this First Amendment to Agreement, in all
other respects, the terms and conditions set forth in the Original Agreement,as amended,remain
r force and effect.
h �„-
ESS WHEREOF,the parties hereto have set their hands and seals the day and year first
i � en BOARD OF COUNTY COMMISSIONERS
VIN MADOK,CLERK OF MONROE COON FLORIDA
By:
ae Deputy Clerk Ma
Date: t7 �-^ Date: I 1-0 7-0
Witnesses for CONTRACTOR: CONTRACTOR:
MASTER MECHANICAL SERVICES,
MC. APY/ Y - / ...�.`
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PATRICIAE
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A�® CERTIFICATE OF LIABILITY INSURANCE 3/0/20'o'
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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(les)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 endomement(s).
PRODUCER
NAM
RSC Insurance Brokerage, Inc. PHONE (305)446-2271 FAx No:
3350 S Dixie Hwy AD�: certificates6kahn-carlin.com
INSURE S AFFORDING COVERAGE NAIL i
Miami FL 33133 INSURER A:National Trust Insurance Cc 20141
INSURED INSURER B:Infinity Assurance Insurance Company 39497
Master Mechanical Services Inc INSURERC:FCCI Insurance Cc 10178
15181 UK 33 Place INSURER D.Federal Insurance Company 20281
INSURER E
Miami FL 33054 INSURER F:
COVERAGES CERTIFICATE NUMBER:CL2033055204 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 POLICY EFF POLICY EXP
LTR POLICY NUMBER LIMITS
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A CLAIMS-MADE E0 OCCUR PREMISES E8 oavnance i 100,D00
X OL100041840-02 3/31/2020 3/31/2021 MED EXP one on $ 10,000
PERSONAL 6 ADV INJURY 3 1,000,000
GEN'LAGOREGATE LIMITAPPLIES PER: GENERALAGGREGATE S 2,000,000
POLICY�JECT EI LOC PRODUCTS-COMPIOPAGG $ 2,000,000
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Es eaddent
B I ANYAUTO BODILY INJURY(Per peraan) $
ALOWNED SSHEEDULED 509820045985001 3/31/2020 3/31/2021 BODILY INJURY(Per acddenl) $
AUTOSNON-OWNED PROPERTY DAMAGE
OS X
A HIREOAUTOS N
AUTOS P M >
$
UMBRELLA LIAR OCCUR EACH OCCURRENCE $
EXCESS LUIB CLAIMS•MADE AGGREGATE $
DED I I RETENTION $
WORKERS COMPENSATION PER ER
AND EMPLOYERS'LIABILITY YIN
ANY PROPRIETORIPARTNER/EXECUTIVE NIA
E.L.EACH ACCIDENT S 2,000,000
C WmOFFICER/MEMBER EXCLUDED? 001-MC20A-72097 3/32/2020 3/31/2021
(� ry ) E.L.DISEASE-EA EMPLOYEE S 2,000,000
If yes,dewkbe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
D Leased/Rented Equipment 0668-21-83-RC[ 3/31/2020 3/31/2021 Unll $100,000
Deductible $1,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Addi lonal Remarks Schedule,may be rihched N more apses In required)
The Certificate Holder, its employees and officials are Additional Insured with respects to General
Liability and Auto Liability as required by written contract. ASK
4/28/2020
CERTIFICATE HOLDER CANCELLATIOI WAPMR '*X
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
The Monroe County THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN
Board of County Comissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street #2-284
Key West, FL 33040 AUTNORIM REPRESENTATIVE
Christian/GENFLO
01988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
INS025(201401)