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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 items have been executed and added to the record: C6 4th Amendment to Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance & Service, for a one (1)year renewal, an annual CPI-U increase of 6.5%, and update certain contract provisions. Funding is Ad Valorem. C7 4th Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance & Service, for the last one-year renewal, an annual CPI-U adjustment of 6.5%, 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 AGRE EMENT MIDDLE KEYS RVAC MAINTEANCE AND SERVICE MONROE COUNTY, FLORIDA THIS FOURTH AMENDMENT TO AGREEMENT is made and entered into this 15th day of February, 2023, between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision of the State of Florida, whose address, is I 100, 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 I-IVAC Maintenance and Service for the County's Middle Keys Facilities, (hereinafter "Original Agreement"); and WHEREAS, the parties hereto did on June 17, 2020, enter into a First Amendment to Agreement to increase the annual agreement amount by Fifty Thousand and 0�0/100 ($50,000.00) Dollars, from Seventy Thousand and 00/100 ($70,000.0�0) Dollars to One Hundred Twenty Thousand and 00/100 ($120,000�,00) Dollars, and to revise the Maintenance of Records provision of the Original Agreement; and WHEREAS,the parties hereto did on March 17,, 2021, enter into a Second Amendment to Agreement to provide for the annual CPI-U adjustment of 1.4%as of December 31, 2020, pursuant to the terms of the Original Agreement; and WHEREAS, the parties hereto did on March 16, 2022, enter into aThird Amendment to Agreement to amend its Original Agreement, as amended, to add or update contract provisions, renew the agreement for the first of two (2) optional renewals, and to provide for the annual CPI- U adjustment of 7% as of December 31, 2021, pursuant to the terins 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 cornputation 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 - I- 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-tJ 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 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 5.1), Payments to Contractor, of the Original Agreement, shall be amended as follows: D. The cost of labor used by the Contractor to Fulfill the obligation of the Contract, will be increased as follows: the hourly labor rate for a mechanic shall increase from $94.40 to $100.53,and the hourly rate for a mechanic plus helper shall increase from $157,29 to S 167-51, 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. The overtime labor hourly rate for hours not stated above, including holidays, shall increase frorn $130.20 to $1.38.66 per hour for a mechanic, and the hourly rate for a mechanic plus helper shall increase from $200.72 to 5213.76, with an effective date of April 1, 2021 2. Paragraph 6 of the Original Agreement, as amended, states 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 Ur an 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 for December 31, 2022, was six and five tenths percent (6.5%), and the effective date of the change of hourly rates shall become effective on April 1, 2023. 3. In accordance with Paragraph 6 of the Original Agreement, as amended,the County exercises its option to renew the Original Agreement for the second of two(2)optional one-year periods. This renewal term shall commence on April. 1, 20�23, 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,ofthe Original Agreement, as amended, is hereby amended to delete the current first paragraph of Paragraph I O�,as set forth in the Original Agreement and replace it in its entirety with the following first paragraph: 10. HOI,D 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 froin and against -2- (i) any claims, actions or causes of action, (ii) 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, (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 lirnits,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. [RE MAINDER OF PAGE INTENTIONALLY LIFT BLANK] [SIGNATURE PAGE TO FOLLOW] 3 - i IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first , .1;9ye written. ,-;,(?,;.--A:-,',/ , N,,,,, 67(----j\--- S4t'''*,, py `'' S BOARD OF '' TY CO .,): ISS ONERS x� i 4 t ��� y ,r '� At eg°A�T k. MADOK, CLERK OF MO f:SE OUNT .-;: 0,>"+A 'ocy 1T S to --V . f,� / r ..• ` \:_ e�. y; =;1'"^%/ d- 1.'vv10' By: .`.., �/� ,,,.:. ., '' i °"� - s�'Dep y Clerk Mayor W,�{QUNry �iN Date: 2115) 2 023 Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, i11L . �% �' , Sig ure of person authorized to ®'----Signature legally bind CONTRACTOR Date: ilaq" za . 1 1R, $ Ict ate Print. e Print Name and Title- R'L— Address: /5/1/ iViJ.3J la/ SignatureChia"; a. 330 S / t )1,-44).-3 1 ii..0—qwxces Date Print Name 30S: c .3ov-c Telephone Number C MONROE COUNTY AT ORNEY'S.O OFFICE IEp TOOM ? - .. PATRICIA I ES ; 77 ASSISTANT COUNTY ATTORNEY ,<c% "' DAT : 1/27/2023 _, C ark_ -4- I DATE(MM/DDYYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 3/31/2022 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 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 NAME: RSC Insurance Brokerage, Inc. NCO NN Ext: (305)446-2271 qc No: 3350 S Dixie Hwy E-MAILss: RSCcertrequest@risk-strategies.com ADDRE INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33133 INSURER A:National Trust Insurance Co 20141 INSURED INSURER B:National Union Fire Insurance Co 19445 Master Mechanical Services Inc INSURERc:FCCI Insurance Co 10178 15181 NW 33 Place INSURER D:Federal Insurance Co 20281 INSURER E: Miami FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER:CL2233165453 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 MAYBE 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. NSR POLICYPOLICY EFF LTR YW TYPE OF INSURANCE ADDL SUER POLICY NUMBER MM/DD Y YW MMDD Y LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE A CLAIMS-MADE ❑OCCUR PREMSESORNTE EaEo curDrence $ 100,000 X GL100041840-04 3/31/2022 3/31/2023 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY 1 PECT � LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ APPROVED BY RISK MANAGEMENT Ea accident ANYAUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED ' ry ,„„✓ y AUTOS AUTOS X DATE 4�I�Z�ZG BODILY INJURY(Per accident) $ ---.�............ ..... $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS AUTOS WAVER N)A YES Per accident $ UMBRELLA LAB N OCCUR EACH OCCURRENCE $ 1,000,000 B X EXCESS LABCLAIMS-MADE AGGREGATE $ 1,000,000 DED RETENTION $ EBU 020790573 3/31/2022 3/31/2023 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A C (Mandatory in NH) WC010006785402 3/31/2022 3/31/2023 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 0664-21-83-ECE 3/31/2022 3/31/2023 Limit $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Middle Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Auto Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street Key West, FL 33040 AUTHORIZED REPRESENTATIVE R Ins. Brokerage/STEB - "" � �• z__,ra.. ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) 74/1/2022 (MMIDDIYYYY) ACCOR" 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 Mire a Cabrera NAME:E FAX LANSAT LIABILITY INSURANCE GROUP tPAICHON, No,EXt: 561 417-6164 (A/C,No: 120 N Federal Hwy Ste 308 ADDRESS: zlansat allstate.com Lake Worth, FL 33460 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Allstate INSURED INSURER B Master Mechanical Services Inc INSURERC: 15181 NW 33rd Place INSURER D INSURER E MIAMI FL 33054 FL 33054 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 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 IN SD WVD POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR APPROVED BY IRIS MANAGEMENT ENT PREMISES Ea occurrence $ , r" MED EXP(Any one person) $ 0ATE� 4/1/0 2 „,„ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO ❑ LOG WAVER NOAI""""""!"E' '""""""" PRODUCTS-COMP/OP AGO $ JECT OTHER: $ AUTOMOBILE LIABILITY Ee acccidentINED SINGLE LIMIT $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ 1,000,000 OWNED X AUTOS ONLY AUTOSULED Y 648956047 3/31/2022 3/31/2023 BODILY INJURY(Per accident) $ 1,000,000 HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ 100 000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract: Middle Keys HVAC Maintenance and Services The certificate Holder is Additional Insured with respects to Auto Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 110 Simonton Street AUTHORIZED REPRESENTATIVE/J Key West, FL 33040 2�!� © 988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD