5th Amendment 09/20/2023 GVS COURTq°
o: A Kevin Madok, CPA
-
�o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida
�z cooN
DATE: October 3, 2023
TO: Kevin Wilson
Assistant County Administrator
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:
C23 5th Amendment to Agreement with Air Mechanical & Service Corp. for Chiller
Maintenance and Service in Monroe County 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 BOCC Purchasing Policy. Funding is
Ad Valorem.
C28 2nd Amendment to Lease Agreement with Wharf SMI, LLC, to reflect a lease
extension of the lease term for the building which houses the Public Defender's Marathon Office.
This Amendment seeks approval to amend the lease extending the current term for a period of
three (3)years, reducing the rental space and price,providing for an additional three (3) optional
1-year renewals, change the Notice Address, and adding other language requested by the Lessor.
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
FIFTH AMENDMENT TO AGREEMENT FOR
CHILLERS MAINTEANCE AND SERVICE
MONROE COUNTY,FLORIDA
This Fifth Amendment to Agreement is made and entered into this 20th day of
September, 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, on February 15, 2023, the BOCC approved a Third Amendment to
Agreement to increase payment amounts in accordance with the CPI-U increase of 6.5%, to
renew the Original Agreement for an additional one-year period, and add and/or update
provisions of the first paragraph of Paragraph 10 to bring it current with certain County or State
required contract provisions; and
WHEREAS, on March 22, 2023, the BOCC approved a Fourth Amendment to
Agreement to add and/or update provisions to bring it current with certain County, State or
Federal required contract provisions and particularly the Coronavirus State and Local Fiscal
Recovery Funds Financial Assistance Agreement awarded to Monroe County in 2022; and
WHEREAS, the parties desire to amend 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.
WHEREAS,the parties have found the Original Agreement, as amended, to be mutually
beneficial; and
1
WHEREAS, the parties find it would be mutually beneficial to amend its Original
Agreement and enter into this Fifth Amendment to Agreement to add or update certain contract
provisions as set forth herein;
NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants
set forth below,the parties agree as follows:
1. Under SCOPE OF WORK, in the section titled MAJOR COMPONENT FAILURE
OR SYSTEM BREAKDOWN, Paragraph D, in Exhibit "A", of the Original Agreement, as
amended, is hereby amended to delete Paragraph D, as set forth in the Original Agreement, and
replace it in its entirety with the following paragraph:
D. CHILLER AND COMPONENET REPLACEMENTS
In the event a Chiller System or any of its major components or parts need to be replaced
or repaired due to a major component failure or system 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
proposals/quotes shall follow the current Monroe County Purchasing Policy.
2. Except as set forth in Paragraph 1 of this Fifth 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]
2
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal,the day and year first
_Above written.
a
-A- „0. -..--3--- A
it
d\ot. 4.8'?is
� ' BOARD OF COUNTY COMMISSIONERS
I4ft, ;.'m KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA
1
Out By,..„, ..,77 Jo* ' , A*
,,.,. /'`/:.: ,.
As1/4,Deputy lerk May.r
Date GI 120 I zo23
CONTRACTOR:
AIR MECHANICAL SERVICE CORP.
41-7-77-7,-CLL, -v im, -
By: ��
Witness Signature Signature of person authori to legally
bind corporation
Bonnie 13rousseau Blaine Byers Vice President
Witness Printed Name Print Name and Title
Address: 2700 Ave of the Americas
Witness Signature
Englewood,FL 34224
Witness Printed Name
941-234 2197
Telephone Number
X -
MONROE COUNTY A1TORNEY'S OFFICE r
PATRICIA
=(7
ASSISTANT COUNTYATTORNEY :.- �t7
DATE: 8/29/2023 ,�_
-1 ; = m
3
71/30/2023
E(MM/DD/YYYY)
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'
.,
my
31 2 3
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