3rd Amendment 02/15/2023 GVS COURTq°
o: A Kevin Madok, CPA
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�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
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DATE: March 6, 2023
TO: William DeSantis, Director
Facilities Maintenance
Chrissy Collins
Executive Administrator
Alice Steryou
Contract Monitor
FROM: Liz Yongue, Deputy Clerk
SUBJECT: February 15th BOCC Meeting
The following item has been executed and added to the record:
C4 3rd Amendment to Agreement with Air Mechanical & Service Corp. for Chiller
Maintenance and Service in Monroe County, for a 6.5% CPI-U increase, renewal of the second
of optional one-year term, and update contract provisions. 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
500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
THIRD AMENDMENT TO AGREEMENT FOR
CHILLERS MAINTENANCE AND SERVICE
MONROE COUNTY,FLORIDA
This Third Amendment to Agreement is made and entered into this 15th day of
February 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
AIR MECHANICAL & SERVICE CORP. ("CONTRACTOR"), a Florida corporation, whose
principal address is 4311 W. Ida Street, Tampa, Florida 33614, and whose address for purposes
of this Agreement is 2700 Avenue of the Americas,Englewood,Florida 34224.
WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for
Chillers Maintenance and Service, Monroe County, Florida (hereinafter "Original Agreement");
and
WHEREAS,on July 15, 2020,the Board of County Commissioners ("BOCC")approved
a First Amendment to Agreement to revise the maintenance of records provision, non-
discrimination, and termination clauses in its contracts and/or agreement to update and/or add
current revisions pursuant to its ordinances and/or Federal required contract provisions;and
WHEREAS, on March 16, 2022, the BOCC approved a Second Amendment to
Agreement to revise the Scope of Work to include additional services for Ductwork and Piping
Insulation repair and replacement, to increase payment amounts in accordance with the CPI-U
increase of 7%, to renew the Original Agreement for an additional one-year period, and add or
modify additional provisions and certain Federal Required Contract Provisions; and
WHEREAS, paragraph 6 of the Original Agreement, as amended, provides that the
contract amount may be adjusted annually in accordance with the percentage change in the U.S.
Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported
by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation at
December 31 of the previous year, and provides for two (2) optional one-year renewal periods to
extend the term of the agreement; and
WHEREAS,the parties also desire to amend only the first paragraph of Paragraph 10 of
the Original Agreement, as amended, to add and/or update provisions of that paragraph to bring
it current with certain County or State required contract provisions; and
WHEREAS,the parties desire to execute the option to renew the Original Agreement for
the second of two (2) optional renewals with a CPI-U increase of six and five tenths percent
(6.5%), and amend a certain provision of Paragraph 10; and
WHEREAS, the parties find it would be mutually beneficial to amend its Original
Agreement and enter into this Third Amendment to Agreement;
NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below,the parties agree as follows:
1
1. In accordance with Paragraph 5 D, Pavments to Contractor, of the Original Agreement,
the cost of labor used by the Contractor to fulfill the obligation of the Contract is hereby
amended with an effective date of April 1, 2023, and shall be as follows:
Labor—Normal working hours of 8:00 a.m.to 5:00 p.m., Monday through Friday,
excluding holidays shall increase from $ 85.60 per hour to$91.16 for mechanic,
and from $133.75 per hour to$142.44,for mechanic plus helper.
The Overtime rate for hours other than the normal working hours as stated above,
including holidays, shall increase from $ 107.00 per hour to $113.95 for mechanic,
and $ 13 9.10 per hour to $148.14 for mechanic plus helper.
Ductwork and Piping Insulation repair and replacement work shall be invoiced at
the same hourly rates as a mechanic ($91.16) and a mechanic plus helper($142.44)
for Normal working hours; and Overtime rates, as a mechanic($113.95) and a
mechanic plus helper($148.14).
All other provisions of Paragraph 5 D., not changed herein, remain the same.
2. Paragraph 6 of the Original Agreement, as amended, provides that the Contract amount
may be adjusted annually in accordance with the percentage change in the U.S. Department of
Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S.
Bureau of Labor Statistics and shall be based upon the CPI-U computation at December 31 of the
previous year. The CPI-U adjustment on December 31, 2022, was six and five tenths percent
(6.5%) and the effective date of the change in hourly rates shall become effective on April 1,
2023.
3. In accordance with the Original Agreement, Paragraph 6, Term of Agreement, the
County shall exercise its option to renew the Original Agreement for the second of two (2)
optional one-year periods. This one (1) year renewal option shall commence on April 1, 2023,
and ends upon March 31, 2024, unless terminated earlier under Paragraph 20 of the Original
Agreement.
4. The first paragraph only of Paragraph 10, HOLD HARMLESS, INDEMNIFICATION
DEFENSE AND INSURANCE of the Original Agreement, as amended, is hereby amended to
delete the current first paragraph of Paragraph 10, as set forth in the Original Agreement and
replace it in its entirety with the following first paragraph:
10. HOLD HARMLESS INDEMNIFICATION DEFENSE AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in
this agreement, the 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
2
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 the 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 the Contractor or any of its employees, agents, sub-
contractors or other invitees, or (C) the 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 the
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 Paragraph 10
herein. 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.
All other subsequent paragraphs, after this initial first paragraph, currently contained within
Paragraph 10 of the Original Agreement,as amended, remain the same.
5. Except as set forth in Paragraph 1 through 4 of this Third 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 INTENTIONALLY LEFT BLANK]
[SIGNATURE PAGE TO FOLLOW]
3
IN WITNESS WHEREOF,the parties have hereunto set their hands and seal,the day and year first
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CONTRACTOR:
AIR MECHANICAL& SERVICE CORP.
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71/30/2023
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A�" CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Yarltza Soto
Baldwin Krystyn Sherman Partners LLC PHONE FAx
4211 W Boy Scout Blvd A/C No Ext: 239-931-3021 A/C,No):239-931-5604
E-MSuite 800 ADDRESS: yaritza.soto@bks-partners.com
Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC#
License#:L002281 INSURERA:Zenith Insurance Co 13269
INSURED AIRMECH-01 INSURER B:The Continental Insurance Co 35289
Air Mechanical&Service Corp. INSURERC: National Fire Insurance of Har 20478
4311 W Ida St.
Tampa FL 33614 wsURERD: CNA Insurance Co 35289
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER:1969738007 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
B X COMMERCIAL GENERAL LIABILITY Y Y 7036334667 1/1/2023 1/1/2024 EACH OCCURRENCE $1,000,000
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES Ea occurrence $100,000
MED EXP(Any one person) $15,000
PERSONAL&ADV INJURY $1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000
POLICY❑ PRO ❑
JECT LOC PRODUCTS-COMP/OP AGG $2,000,000
X
OTHER: $
C AUTOMOBILE LIABILITY Y Y 7036363120 1/1/2023 1/1/2024 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
B X UMBRELLALIAB X OCCUR 7036371301 1/1/2023 1/1/2024 EACH OCCURRENCE $5,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $5,000,000
DED X RETENTION$1 n nnn $
A WORKERS COMPENSATION Y Z139757801 1/1/2023 1/1/2024 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? FN] N/A
(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
D Leased&Rented Equipment 7036363263 1/1/2023 1/1/2024 Limit per occurence $350,000
Limit per item $100,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
Certificate Holder is included as Additional Insured with respect to General Liability and Auto Liability if required by written contract and subject to terms,
conditions and exclusions of the policy.A Waiver of Subrogation applies to the general liability,auto liability,&workers compensation policies if required by
written contract,and subject to terms,
conditions,and exclusions of the policy. I'Sr'
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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
1100 Simonton Street AUTHORIZED REPRESENTATIVE
Key West FL 33040 '12Vtozi,
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD