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6th Amendment 10/18/2023 GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: October 26, 2023 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Alice Steryou Contract Monitor FROM: Liz Yongue, Deputy Clerk SUBJECT: October 18, 2023 BOCC Meeting The following item has been executed and added to the record: C5 6th Amendment to Agreement with Sub-Zero, Inc., for Lower Keys HVAC Maintenance to include additional locations, update addresses on some current locations, and 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 FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE MONROE COUNTY, FLORIDA This Sixth Amendment to Agreement is made and entered into this 18th day of October, 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 arinual CP1- 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 to amend the Original Agreement to increase payment amounts by the annual CP1-U adjustment of seven percent (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 terns 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 CP1- 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 March 22, 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 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 include or update additional locations and 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; and WHEREAS, the parties have found the Original Agreement, as amended, to be inutually beneficial; and WHEREAS, the parties find it would be mutually beneficial to amend its Original Agreement and enter into this Sixth Amendment to Agreement to include the CudJoe Fire Station #11, Big Pine Commissioner District Two Office, Big Pine Community Senior Center, a County owned Big Pine Key Residential House, and the Rockland Key Complex consisting of Facilities Maintenance, Carpenter Shop, Roads and Bridges, Sign Shop, and Fleet Department, as additional locations, to correct the address on some locations, and 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. The section titled, SPECIFICATIONS, Paragraph E, in Exhibit "A", of the Original Agreement, as amended, is hereby amended to delete Paragraph E, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: E) In the event an HVAC 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 proposal s/quotes shall follow the current Monroe County Purchasing Policy. 2. The section titled, SCOPE OF WORK, Paragraph A, in Exhibit "A", of the Original Agreement, as amended, is hereby amended to delete Paragraph A, as set forth in the Original Agreement, and replace it in its entirety with the following paragraph: A) The facilities are located throughout the Lower Keys. Buildings to be serviced shall include, but shall not be limited to, the following: MONROE COUNTY COURTHOUSE Jackson Square Complex, 500 Whitehead Street, Key West MONROE COUNTY COURTHOUSE ANNEX, a/k/a/JUDGE JEFFERSON B. BROWNE COURTROOM COMPLEX Jackson Square Complex, 502 Whitehead Street, Key West (including 1986 Jail Addition) J. LANCELOT LESTER JUSTICE BUILDING INCLUDING CLERK'S RECORDS STORAGE FACILITY Jackson Square Complex, 530 Whitehead Street, Key West KEY WEST LIBRARY (MAY HILL RUSSELL LIBRARY) 700 Fleming Street, Key West FREEMAN JUSTICE CENTER 302 Fleming Street, Key West GATO BUILDING 1100 Simonton Street, Key West 2 HARVEY GOVERNMENT CENTER 1200 Truman Avenue, Key West TAX COLLECTOR/DMV OFFICES 3304 North Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 5501 College Road, Key West SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION 5655 McDonald Avenue, Stock Island, Key West BERNSTEIN PARK COMMUNITY CENTER 6751 Fifth Street, Stock Island, Key West BAYSHORE MANOR 5200 College Road, Key West BIG COPPITT FIRE STATION #9 28 Emerald Drive, Big Coppitt Key ROCKLAND KEY COMPLEX- FACILITIES MAINTENANCE, CARPENTER SHOP, ROADS & BRIDGES, SIGN SHOP, AND FLEET DEPARTMENT 123 Overseas Hwy., Rockland Key SHERIFF'S SUB-STATION 20950 Overseas Hwy, Cudjoe Key CUDJOE FIRE STATION #11 22352 Overseas Hwy, Cudjoe Key BIG PINE KEY FIRE STATION #13 390 Key Deer Blvd., Big Pine Key BIG PINE KEY LIBRARY Big Pine Key Shopping Center, Big Pine Key COMMISSIONER DISTRICT TWO OFFICE Big Pine Key Shopping Center, Big Pine Key BIG PINE KEY COMMUNITY SENIOR CENTER Big Pine Key Shopping Center, Big Pine Key BIG PINE PARK COMMUNITY CENTER 31009 Atlantis Drive, Big Pine Key COUNTY OWNED RESIDENTIAL HOUSE 701 Sands Road, Big Pine Key All other provisions of Paragraph A of the Scope of Work remain the same, 3. Except as set forth in Paragraphs I and 2 of this Sixth 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. ` �.vE '°° BOARD OF COUNTY COMMISSIONERS - 42, 1,:..-..,1t' lit e- IN MADOK, CLERK OF MO COUNTY, FLORIDA 13,r,-.4A. 4y A,,,,./ 4 g,--Of i a �.,q. a $XfI3eput)/" Clerk Mayor rarR„wK•�r� Date: I()) 1S12023 Witnesses for CONTRACTOR: TRACTOR: SUB-ZERO, INC. ....a.c....... d‘ P `& a ( Q(/ � Signature of person < 1 thorized to Signa legally bind SUB-ZERO, INC. Printed Name: }j/fi(d Date: Y oZ`7v-(9,13I - < -(P -Q.,3 '1/4.-------- o fie- /5. ' /r Date Print Name and T. le , '.--27,----(6, 34.44 1.s4 _2 Address: ‘6'dk.3 4.1,',6/6"cel #c Signature ' ems• /� .?-319 fee, Printed Name: /K L 7 /3airClirt Telephone Number a a Date 4- Q '� C? c i c:, L.eh 70 V= rnrn MONROE COUNTY A TORNEY'S OFFICE OP VEDAS TO 0 M PATRICIA EAG►LES EY S ASSISTANT EA/Z6[ZA2TORN DATE: 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 'T Products-Comp/Op Agg 1r4 AUTOMOBILE LIABILITY '° Combined Single Limit (EA Accident) Any Auto "^^' .r1 6 � ,� W C" o. :i.l v Bodily Injury All Owned Autos I� .r ...... mow, . — m (Per Person) Scheduled Autos WAW Hired Autos Bodily Injury (Per Accident) Non-Owned Autos Property Damage (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 $1,000,000 Other i 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