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6th Amendment 09/20/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 25, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: September 20, 2023 BOCC Meeting The following items have been executed and added to the record: C21 6th Amendment to Agreement with Master Mechanical Services, Inc., for Middle Keys HVAC Maintenance and Service to add and/or update a contract provision to allow for the option of Equipment Replacement and Installation by seeking a proposal only from the Contractor in accordance with the current Monroe County Purchasing Policy. Funding is Ad Valorem. C22 6th Amendment to Agreement with Master Mechanical Services, Inc., for Upper Keys HVAC Maintenance and Service, to add and/or update a contract provision to allow for the option of Equipment Replacement and Installation by seeking a proposal only from the Contractor in accordance with the current Monroe County Purchasing Policy. 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 SIXTH AMENDMENT TO AGREEMENT MIDDLE KEYS HVAC MAINTEANCE AND, SERVICE MONROE COUNTY, FLORIDA THIS SIXTH AMENDMENT TO AGREEMENT is made and entered into this 20th day of September, 2023, 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 15 181 NW 33 Place, Miami, Florida 33054. WHEREAS,the parties hereto did on March 21,2019,enter into an Agreement for FIVAC 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 00/100 ($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 CPl-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 a Third 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 CPl- U adjustment of 7% as of December 31, 2021, pursuant to the terms of the Original Agreement; and WHEREAS, the parties hereto did on February 15, 2023, enter into a Fourth Amendment to Agreement to amend the Original Agreement to increase payment amounts by the annual CPl- 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 hereto did on June 21, 2023, enter into a Fifth Amendment to Agreement to amend the Original Agreement to add and/or update provisions to bring it current with certain County, State or Federal required contract provisions and particularly the provisions to comply with the Coronavirus State and Local Fiscal Recovery Funds Financial Assistance Agreement (ARPA Funding Agreement) awarded to Monroe County in 2022; and WHEREAS, the parties desire to arnend the Original Agreement, as amended, to add and/or update provisions to allow for the option of Equipment Replacement and Installation in accordance with the current Monroe County Purchasing Policy approved by the Board of County Commissioners. WI-IEREAS, 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 Sixth Amendment to Agreenient to add or update certain contract provisions as set forth herein; NOW THEREFORE, IN CONSIDERA11ON' ofthe mutual promises and covenants set fiorth below, the parties agree as J-(fllows: 1. The section titled SPECIFI(;'ATIONS, Paragraph E, in l'nxilibit "A", of the Original Agreement, as amended, is hereby amended to delete paragraph E, as set forth in tile Original Agreement, and replace it in its entirety with the following paragraph: I,') In the event an HVAC System or tiny of its major components or parts need to be replaced or repaired due to as major component failure or systern breakdown, the County shall have the option to request from the Contractor only, a proposal/quote for replacement equipment or parts and all associated installation thereto. Approval Of Such proposak/ClUOtCS shall fbilow the current Monroe County Purchasing Policy. 2, Except as set forth in paragraph i of this Sixth Amendment to Agreement, in all other respects, the teri'lis and conditions set forth in the Original Agreement, as amended, remain in full Force and effect, [REMAIN r DER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO F0I',LOW] - 2- IN WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above written. ,r /IPts ; BOARD OF COUNTY COMMISSIONERS ev r`dk` • VIN MADOK, CLERK OF MONROE r )UNTY, FLORIDA ,,,k,,,,,,,, i-...:.g,,,t,,,0 Am° v,„,, By: , , .0, L,,,,,,,- DS As e ut lk°V-- M: •r P yer Date: at 1 ZU)2(JZ3 Witnesses for CONTRACTOR: CONTRACTOR: MAST NICAL SERVICES, AI0,OF , — .___-..,......morpr-'1°. ignature of person .' ed to ignature legally bind CONTRACTOR Date: ' 'ct\-7-3 c D 29 ?.3 PAr,,-- D. 1 y 1.4o—r i Aneg NO!5J �' ''1 Date Pri . . me Print Name and Title C-. , Address: d1 -181 Ai u3 33 PL Sig) ig ure a30.�,( • `1�'' YY11�t rb,,,13 J6A-tv, ?iir c.. Date Print Name ea $ZS• oa - Telephone Number a rat -n ='' rrl MONROE COUNTY AUORNEY'S OFFICE -"``t -r-1 P VED S`'0a .� A --)r PO fl PATRICIA EAMES ASSISTANT COUNTY ATTORNEY .--� I DATE28�023 _�___ -3- i DATE(MMIDD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 03/30/2023 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: RSC Insurance Brokerage,Inc. pHONE (305)446-2271 FAx A/C No Exf: A/C,No): 9350 S Dixie Hwy E-MAIL MIA-Certificates@Risk-Strategies.com ADDRESS: Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA: National Trust Insurance Co 20141 INSURED INSURER B: FCCI Insurance Co 10178 Master Mechanical Services Inc INSURER C: Federal Insurance Co 20281 15181 NW 33 Place INSURER D: INSURER E: Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2333037266 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. INSR TYPE OF INSURANCEAUULbUBK POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGES Ea oNcurDreme $ 100'000 MED EXP(Any one person) $ 5,000 A Y GL100041840-05 03/31/2023 03/31/2024 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO ❑ LOC PRODUCTS-COMP/OPAGG $ 2,000,000 JECT: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y CA1506488-00 03/31/2023 03/31/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 A X EXCESS LAB CLAIMS-MADE UMB1506488-00 03/31/2023 03/31/2024 AGGREGATE $ 4,000,000 DED I X1 RETENTION $ 10,000 $ WORKERS COMPENSATION ER/� STATUTE EORH AND EMPLOYERS'LIABI LI TY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ B OFFICER/MEMBER EXCLUDED? N/A WC0100067854-03 03/31/2023 03/31/2024 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contractor's Equipment Scheduled Equip. $115,298 C 0664-21-83-ECE 03/31/2023 03/31/2024 Leased/Rented Equip. $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 Commercial Automobile when required by written contract. :A By 6 CERTIFICATE HOLDER CANCELLATION 5 . 23 w SHOULD ANY OF I W14 E THE EXPIRATION UAIt IKtKtUF,NU I IGt WILL kit UtLIVtKtU IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD