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4th Amendment 02/15/2023
GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN 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: C5 4th Amendment to Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance & Service, for a one (1) year renewal, an annual 6.5% CPI-U increase, and update certain 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 FOURTH AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE MONROE COUNTY, FLORIDA This Fourth 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 SUB-ZERO, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6003 Peninsular Ave., No. 5, Key West, Florida 33040. WHEREAS, the parties hereto did on March 21, 2019, enter into an Agreement for HVAC Maintenance and Service to County's Lower Keys Facilities (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on May 20, 2020, enter into 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, the parties hereto did on March 17, 2021, enter into a Second Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPI- U adjustment of 1.4% as of December 31, 2020, pursuant to the terms of the Original Agreement, and to update and/or add current revisions pursuant to County ordinances and/or Federal required contract provisions; and WHEREAS, the parties hereto did on March 16, 2022, enter into a Third Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI- U adjustment of (seven) 7% as of December 31, 2021, to renew the Original Agreement for an additional one-year period, and add or modify additional provisions and certain Federal required Contract Provisions, pursuant to the terms of the Original Agreement; 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, this Fourth Amendment to Agreement is to amend the Original Agreement to increase payment amounts by the annual CPI-U adjustment of six and five tenths percent (6.5%) as of December 31, 2022, to exercise the last option to renew the Original Agreement for an additional one-year period, and to add or update certain contract provisions; 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 amend its Original Agreement and enter into this Fourth Amendment to Agreement to provide for the annual CPI-U adjustment of six and five tenths percent (6.5%) as of December 31, 2022, pursuant to the terms of the Original Agreement, to renew the Agreement for the second of two (2) optional one-year renewals, and to add or update certain contract provisions; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 5.D., Payments to Contractor, of the Original Agreement is hereby amended pursuant to the annual CPI-U adjustment of six and five tenths percent (6.5%) as of December 31, 2022, as follows: a. In Paragraph 5.D. under Contract Amount, the hourly labor rate for a mechanic shall increase from $95.48 to $101.68 and the hourly labor rate for a mechanic plus helper shall increase from $139.97 to $149.06, during normal working hours of 8:00 am to 5:00 pm, Monday through Friday, excluding holidays, with an effective date of April 1, 2023. b. In Paragraph 5.1). under Contract Amount, the overtime labor rate for a mechanic shall increase from $113.92 to $121.32 and the hourly rate for a mechanic plus helper shall increase from $151.90 to $161.77, for hours other than the normal working hours as stated above, including holidays, with an effective date of April 1, 2023. All other provisions of Paragraph 5 D., not changed herein, remain the same. 2. In accordance with Paragraph 6 of the Original Agreement, the annual CPI-U adjustment, is amended as follows: 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 the labor rates shall thereby be adjusted six and five tenths percent (6.5%) based upon the CPI-U computation on December 31, 2022, with an effective date of 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 term 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 2 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., (11) 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 the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (13) 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 $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 10 herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. All other subsequent paragraphs, after this initial first paragraph, currently contained within Paragraph 10 of the Original Agreement, as amended, remain the same. 5. Except as set forth in Paragraphs I through 4 of this Fourth Amendment to Agreement, in all other respects, the terms and conditions set forth in the Original Agreement, as amended, remain in full force and effect. [REMAINDER OF PGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ,, / (St,"'Alt,) BOARD OF COUNTY COMMISSIONERS ,,,',V7 is,j'y VIN MADOK, CLERK OF MONRV, OUNTY, LORIDA ., b ,(' . -'- ) . , k°-"--) ,',,,:.-;,5,'--,r_ cfiv'ka3:'e Ok>W -vo:-',"4:,,,--,„ ,:',.. By: \:,,,,:s, ,,,. ,';':-,,`'.\ -;,,,.."-/Depu y Clerk M.yor „•\,,s,...,,- .-,,,. - ,,,,• Date: il i 5) 2023 Witnesses for CONTRACTOR: TRACTOR: SUB-ZERO, INC. v . aki Signature of perso thorized to / .....- Signature legally bind SUB-ZERO, INC. Printed Name:(-11,LCASA.,. 0 e-z--6 Date: t36 49-6D3 1,/,..;6 I a 2.- -56115- ],$)4__ e( a e2/1 Date Print Name and Title 0--t-- ti deLYT C8A-a401 i\a1104.,tt, Address: e ®0 e-e,r, r3,-C,(ACW(c--' 4/- Signature 41/ kt----- 5 rt\ Printed Name:, x (Ncia, 11. -741-a.,5 3o$ 029 Y I / l Telephone Number 3 o ;_-)---2 Date ,..., ..... ...„ G=. .. p....) 71 Mt t--- ck c3 :). MONROE COUNTY ATMRNEY'S OFFICE x.-"z xt- ......_, ry_ PAIR iaiA EABLES r— YIP: Co ASSISTANT COuNre ATTOI1NEY DATE: 1/30/2023 IS: ' 4 Client#: 66055 SUBZE DATE(MM/DD/YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 12/14/2022 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 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 INSURER A:Southern-Owners Insurance 10190 INSURED INSURER B:Owners Insurance 18988 Sub Zero, Inc. INSURER C 6003 Peninsular Avenue#5 Key West, FL 33040 INSURER D: 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 2023122014477522 12/10/2022 12/10/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE [*OCCUR PREMISESOEa occur°nce $300,000 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 B AUTOMOBILE LIABILITY X X 5310466300 12/10/2022 12/10/202 (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 $ A X UMBRELLA LIAB X OCCUR 5310466301 12/10/2022 12/10/2023 EACH OCCURRENCE $5 OOO 000 EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000 DED I X RETENTION$10000 $ W AND EMPLOYERS'LIABILITY ORKERS COMPENSATION '1r4 STATUTE EORH PER Y/N +"„ ANY PROPRIETOR/PARTNER/EXECUTIVE N a "" E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) „. .4 ,. �. E.L.DISEASE-EA EMPLOYEE $ If yes,describe under �' DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ WAW ° . DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County BOCC is listed as additional insured with regards to general liability only as required by written contract on a primary non contributory basis per form 55373 0517 including completed operations per form 55091 0517 and Waiver of Subrogation per form CG2404 0509.Additional Insured with regards to Auto Liability only as required by written contract per form 58504 0115 and Waiver of Subrogation per form 58583 0115. Umbrella follows form. CERTIFICATE HOLDER CANCELLATION Monroe Count BOCC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 1 The ACORD name and logo are registered marks of ACORD #S1895130/M1891464 TKM21 Date CERTIFICATE OF LIABILITY INSURANCE 12/16/2022 Producer: Plymouth Insurance Agency This Certificate is issued as a matter of information only and confers no 2739 U.S. Highway 19 N. rights upon the Certificate Holder. This Certificate does not amend,extend Holiday, FL 34691 or alter the coverage afforded by the policies below. (727) 938-5562 Insurers Affording Coverage NAIC# Insured: South East Personnel Leasing, Inc. &Subsidiaries Insurer A: Lion Insurance Company 11075 2739 U.S. Highway 19 N. Insurer6: Holiday, FL 34691 InsurerC: Insurer D: Insurer E: Coverages 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. Aggregate limits shown may have been reduced by paid claims. INSR ADDL Policy Effective Policy Expiration Limits LTR INSRD Type of Insurance Policy Number Date(MM/DD/YY) Date(MM/DD/YY) GENERAL LIABILITY Each Occurrence Commercial General Liability Damage to rented premises(EA Claims Made ❑ Occur occurrence) Med Exp Personal Adv Injury General aggregate limit applies per: General Aggregate Policy ❑Project ❑ LOC Products-Comp/Op Agg AUTOMOBILE LIABILITY Combined Single Limit (EA Accident) Any Auto Bodily Injury All Owned Autos �. (Per Person) Scheduled Autos irk Hired Autos Bodily Injury '�' (Per Accident) Non-Owned Autos I � 1 4 .�2 3 _ ,,T,_,�,._,.�, _ Property Damage 4 ,�Il � (Per Accident) EXCESS/UMBRELLA LIABILITY Each Occurrence Occur ❑Claims Made Aggregate Deductible A Workers Compensation and X I WC Statu- OTH- Employers'Liability WC 71949 01/01/2023 01/01/2024 for Limits ER Any proprietor/partner/executive officer/member E.L.Each Accident $1,000,000 excluded? NO E.L.Disease-Ea Employee $1,000,000 If Yes,describe under special provisions below. E.L.Disease-Policy Limits 1 $1,000,000 Other Lion Insurance Company is A.M. Best Company rated A(Excellent). AMB# 12616 Descriptions of Operations/Locations/Vehicles/Exclusions added by Endorsement/Special Provisions: Client ID: 84-67-001 Coverage only applies to active employee(s)of South East Personnel Leasing,Inc.&Subsidiaries that are leased to the following"Client Company": Sub-Zero,Inc. Coverage only applies to injuries incurred by South East Personnel Leasing,Inc.&Subsidiaries active employee(s) ,while working in: FL. Coverage does not apply to statutory employee(s)or independent contractor(s)of the Client Company or any other entity. A list of the active employee(s)leased to the Client Company can be obtained by emailing a request to ce rtif icates@ lion insurancecompany.com Project Name: ISSUE 12-16-22(BP) Begin Date:3 5 2012 CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOCC Should any of the above described policies be cancelled before the expiration date thereof,the issuing insurer will endeavor to mail 30 days written notice to the certificate holder named to the left,but failure to do so shall impose no obligation or liability of any kind upon the insurer,its agents or representatives. KEY WEST, FL 33040 ow-