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Item C06 C6 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 David Rice,District 4 Board of County Commissioners Meeting February 21, 2024 Agenda Item Number: C6 2023-1301 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis N/A AGENDA ITEM WORDING: Approval to authorize Air Mechanical & Service Corp. to purchase and install a new Chiller at the Harvey Government Center per the terms of Air Mechanical's contract and the current Monroe County Purchasing Policy, utilizing American Rescue Plan Act Funding (ARPA), with such costs not to exceed $232,000. ITEM BACKGROUND: On March 21, 2019, the BOCC approved a Bid Award Agreement with Air Mechanical & Service Corp. (Air Mechanical) for Chiller Maintenance and Service in Monroe County. There was an initial three (3) year term beginning April 1, 2019, which terminated on March 31, 2022, with the option to renew for an additional two (2) one-year periods. On July 15, 2020, the BOCC approved a First Amendment to revise the contract provisions for Maintenance of Records, Non-Discrimination, and Termination, and to add certain required Federal provisions. On March 16, 2022, the BOCC approved a Second Amendment with a 7% CPI-U increase, revised the Scope of Work to clarify Ductwork and Piping Insulation repair and replacement work and rates, renewed for a one-year period, and updated some contract provisions. On February 15, 2023, the BOCC approved a Third Amendment increasing payments based on the annual CPI-U increase of 6.5%, exercised the option to renew the agreement term for the second renewal with the new term to commence on April 1, 2023, and terminates on March 31, 2024, and updated certain provisions to comply with State or County contract provisions. On March 22, 2023, the BOCC approved a Fourth Amendment to update certain County, State, or Federal required contract provisions which included the appropriate AARP language. On March 22, 2023, the BOCC also approved a request to waive the Monroe County Purchasing Policy to allow Air Mechanical to perform critical repairs under its current contract replacing a Mag Bearing compressor on the Daiken Chiller at Jackson Square without the necessity for seeking competitive bids using American Rescue Plan Act (ARPA) Funds. The BOCC approved a Fifth Amendment to the contract on September 20, 2023, which modified the contract language to give staff the option of seeking proposals/quotes solely from the Contractor when there is a major component failure or system breakdown without the need to seek other competitive bids while following the current Monroe County Purchasing Policy. Air Mechanical has provided a proposal for replacing a Chiller at the Harvey Government Center with a 281 new Daiken, scroll compressor air cooled Chiller, as shown on the attached Proposal dated January 22, 2024. The replacement Chiller is for a net price not to exceed $232,000.00, with an extended warranty included with a 2nd to 5th year warranty on compressors and a complete 5-year parts warranty. The current Agreement does not have a provision allowing such an expenditure without BOCC approval. Staff seeks approval to allow Air Mechanical to purchase and install a Chiller at the Harvey Government Center per the terms of Air Mechanical's contract, the Proposal, and the current Monroe County Purchasing Policy, utilizing American Rescue Plan Act Funding. Air Mechanical has been maintaining the Chillers at Jackson Square since 2013 and maintenance for all County Chillers since 2019, which includes the Harvey Govt. Center Chiller. This replacement qualifies for ARPA funding. Staff seeks approval to proceed with this purchase. PREVIOUS RELEVANT BOCC ACTION: September 20, 2023 BOCC approved a Fifth Amendment to update contract language to give staff the option of seeking proposals/quotes solely from the Contractor when there is a major component failure or system breakdown without the need to seek other competitive bids while following the current Monroe County Purchasing Policy. March 22, 2023 BOCC approved a Waiver of the Monroe County Purchasing Policy for Air Mechanical to perform critical repairs of a Daiken Chiller at Jackson Square under its current contract without seeking competitive bids and utilizing ARPA Funds. March 22, 2023 BOCC approved a Fourth Amendment to update contract language to comply with Federal, State, or County contract provisions to meet ARPA requirements. February 15, 2023 BOCC approved a Third Amendment to Agreement with a 6.5% CPI-U increase, renewed for a one-year period, and updated some contract provisions. March 16, 2022 BOCC approved a Second Amendment to Agreement with a 7% CPI-U increase, revised the Scope of Work to clarify Ductwork and Piping Insulation repair and replacement work and rates, renewed for a one-year period, and updated some contract provisions. July 159 2020 BOCC approved a First Amendment to Agreement to revise the contract provisions for Maintenance of Records, Non-Discrimination, and Termination, and to add certain required Federal provisions. Due to COVID-19 loss of County revenue, there was not a CPI-U increase in 2020. March 21, 2019 BOCC approved a Bid Award Agreement for Chiller Maintenance and Service in Monroe County with Air Mechanical& Service Corp. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: Approval for Air Mechanical& Service Corp. to purchase and install a Chiller at the Harvey Government Center per the terms of Air Mechanical's contract, the Proposal, and the current Monroe County Purchasing Policy, utilizing American Rescue Plan Act Funding. A Proposal in the not to exceed amount of$232,000.00 is attached. STAFF RECOMMENDATION: Approval 282 DOCUMENTATION: 09-20-2023 Fifth Amendment Exec-AMSCO.pdf 03-22-2023-Waiver-Printout-MT 11847-AMSCO.pdf 32119—Exec—Bid Award—Attachment-I 1842—AMSCO.pdf AMSCO-24-25-COI-Exec.pdf 01-22-2024-HGC—Chiller—replacement Proposal_from—AMSCO.pdf FINANCIAL IMPACT: Effective Date: 02/21/2024 Expiration Date: 03/31/2024 Total Dollar Value of Contract: $232,000.00 Total Cost to County: $232,000.00 Current Year Portion: N/A Budgeted: Yes Source of Funds: American Rescue Plan Act Funding (ARPA) CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: ARPA County Match: N/A Insurance Required: Yes (C01 attached) Additional Details: These repairs qualify for American Rescue Plan Act (ARPA) funding. The proposed Chiller replacement is a not to exceed amount of $232,000.00, as shown on the attached Proposal, which includes a 2nd to 5th year warranty on compressors and a complete 5-year parts warranty. ARPA Funds - $232,000.00. 283 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 284 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 1 285 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] 2 286 IN WITNESS WHEREOF, the parties have hereunto set their hands and sea],the day and year first �s .above written. BOARD OF COUNTY COMMISSIONERS KEVIN MADOK, CLERK OF MONROE COUNTY,FLORIDA el By n� As eputy Jerk May r Date cl 120 1 Z023 CONTRACTOR: AIR MECHANICAL SERVICE CORP. �Q-zC-L--By: � Witness Signature Signature of person authoriz6glto legally bind corporation Bonnie Brousseau Blaine Beers- Vice President Witness Printed Name Print Name and Title Address: 2700 Ave of the Aviericas Witness Signature Englewood,FL 34224 Witness Printed Name 941-234-2197 Telephone Number 3 a � w F w. MONROE COUNTY ATTORNEY'S OFFICE EDlAZTt3 QRM1 r PAT{R CK EASLES p ASWTANi'COIfNTY ATTORNEY ca DATE: 8/29/2023 x o 4r'" 3 287 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 288 Co �� � .�� , BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 The Florida Keys Mayor Pro Tem Holly Merrill Raschein,District 5 y Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting March 22, 2023 Agenda Item Summary #11347 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Alice Steryou(305) 292-4549 None AGENDA ITEM WORDING: Approval to request a Waiver of the Monroe County Purchasing Policy to allow Air Mechanical & Service Corp. to perform critical repairs under its current contract, replacing a Mag Bearing compressor on the Daiken Chiller at Jackson Square without the necessity for seeking competitive bids. American Rescue Plan Funding (ARPA) will be utilized for these repairs which are anticipated to be up to $103,276.57. ITEM BACKGROUND: On March 21, 2019, the BOCC approved a Bid Award Agreement with Air Mechanical & Service Corp. for Chiller Maintenance and Service in Monroe County. There was an initial three (3) year term beginning April 1, 2019, which terminated on March 31, 2022, with the option to renew for an additional two (2) one-year periods. On July 15, 2020, the BOCC approved a First Amendment to revise the contract provisions for Maintenance of Records, Non-Discrimination, and Termination, and to add certain required Federal provisions. On March 16, 2022, the BOCC approved a Second Amendment with a 7% CPI-U increase, revised the Scope of Work to clarify Ductwork and Piping Insulation repair and replacement work and rates, renewed for a one-year period, and updated some contract provisions. On February 15, 2023, the BOCC approved a Third Amendment increasing payments based on the annual CPI-U increase of 6.5%, exercised the option to renew the agreement term for the second renewal with the new term to commence on April 1, 2023, and terminate on March 31, 2024, and updated certain provisions to comply with State or County contract provisions. Air Mechanical has provided a proposal for a required critical repair, replacing a Mag Bearing compressor on the Daiken Chiller at Jackson Square as shown on the attached Proposal in the agenda item. It is anticipated that the repair could be an expenditure of at least $103,276.57 if an extended warranty is included. The current Agreement does not have a provision allowing such an expenditure without BOCC approval. Staff seeks approval to allow a waiver of the Monroe County Purchasing Policy so Air Mechanical can perform the critical repairs under its current Contract without the necessity of seeking competitive bids. Air Mechanical has been maintaining the Chillers at Jackson Square since 2013 and maintenance for all County Chillers since 2019. These repairs qualify for American Rescue Plan funding. Staff is also be seeking approval at the March BOCC meeting of a Fourth Amendment in a separate agenda item to update the contract language to comply with Federal, State, or County contract provisions in order to meet certain ARPA requirements. 289 PREVIOUS RELEVANT BOCC ACTION: March 22, 2023 PENDING approval- Fourth Amendment to update contract language to comply with Federal, State, or County contract provisions to meet ARPA requirements. February 15, 2023 BOCC approved a Third Amendment to Agreement with a 6.5% CPI-U increase, renewed for a one-year period, and updated some contract provisions. March 16, 2022 BOCC approved a Second Amendment to Agreement with a 7% CPI-U increase, revised the Scope of Work to clarify Ductwork and Piping Insulation repair and replacement work and rates, renewed for a one-year period, and updated some contract provisions. July 15, 2020 BOCC approved a First Amendment to Agreement to revise the contract provisions for Maintenance of Records, Non-Discrimination, and Termination, and to add certain required Federal provisions. Due to COVID-19 loss of County revenue, there was not a CPI-U increase in 2020. March 21, 2019 BOCC approved a Bid Award Agreement for Chiller Maintenance and Service in Monroe County with Air Mechanical & Service Corp. CONTRACT/AGREEMENT CHANGES: Approval to request a Waiver of the Monroe County Purchasing Policy for Air Mechanical to perform critical repairs of a Daiken Chiller at Jackson Square under its current contract. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 03-03-2023-Proposal Mag Bearing Compress or-D aiken-AM S CO 02-15-2023-C4_Thrid Amendment-Air Mechanical Service Corp Exec 2nd Amendment 03 16 2022-AMSCO-Exec 1 st Amendment 07/15/2020 03/21/2019 Agreement COI AMSCO-2023-2024-Exec FINANCIAL IMPACT: Effective Date: 3/22/2023 Expiration Date: 03/31/2024 Total Dollar Value of Contract: $220,000.00/year 290 Total Cost to County: $103,276.57 Current Year Portion: N/A Budgeted: Yes Source of Funds: American Rescue Act Plan Funding (ARPA) CPI: Yes Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No If yes, amount: Grant: ARPA County Match: N/A Insurance Required: Yes Additional Details: Air Mechanical has been maintaining the Chillers at Jackson Square since 2013 and maintenance for all Monroe County Chillers since 2019. These repairs qualify for American Rescue Plan funding. The proposed repairs are $74,054.04 as shown on the attached Proposal and an additional $29,222.53 for an extended 4-year warranty on the compressor. ARPA Funds - $103,276.57 REVIEWED BY: William DeSantis Completed 03/06/2023 3:37 PM Patricia Eables Completed 03/08/2023 5:51 PM Brian Bradley Completed 03/09/2023 7:25 AM Purchasing Completed 03/09/2023 8:50 AM Budget and Finance Completed 03/09/2023 9:21 AM Lindsey Ballard Completed 03/09/2023 10:13 AM Board of County Commissioners Completed 03/22/2023 9:00 AM 291 Q RJR GOUgta Q p•g°tl"`"'`f�% Kevin Madok, CPA P Clerk of the Circuit Court&Comptroller—Monroe County, Florida Oh�EcoUM• DATE: April 15, 2019 TO: Alice Steryou Contract Monitor FROM: Pamela G. Hanc .C. SUBJEGr: March 21"BOCC Meeting Attached is an electronic copy of each of die below items for your handling. C2 Agreement with Sub-Zero, Inc., in an annual amount not to exceed $120,000.00, for Lower Keys HVAC Maintenance & Service. Funding is ad valorem. C3 Agreement with Master Mechanical Services, Inc., in an annual amount not to exceed $70,000.00, for Middle Keys HVAC Maintenance & Service. Funding is ad valorem. C12 Agreement with Master Mechanical Services, Inc., in an annual amount not to exceed$50,000.00, for Upper Keys HVAC Maintenance& Service. Funding is ad valorem. C14 Agreement with Air Mechanical and Service Corp., in an annual amount not to exceed$220,000.00, for Chiller Maintenance& Service in Monroe County. Funding is ad valorem. C16 1st Amendment to Agreement with Stockton Maintenance Group, Inc. for Lower Keys Janitorial Services to add janitorial services at the Department of Juvenile Justice Building, second floor, in the monthly amount of$8,052.43. Funding is ad valorem. Should you have any questions, please feel free to contact me at(305) 292-3550. Thank you. cc: Facilities Supervisor County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida'22n-10 305-294-4641 305-289-6027 305-852-7145 305-852-7145 292 I Monroe County Chiller Maintenance.Agreement AGREEMENT FOR CHILLERS MAINTEANCE AND SERVICE MONROE COUNTY,FLORIDA This Agreement is made and entered into this 21 st day of March,2019,between MONROE COUNTY,FLORIDA("COUNTY"),a political subdivision of the State of Florida,whose address is I100 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 336I4,and whose address for purposes of this Agreement is 2700 Avenue of the Americas, Englewood,Florida 34224. WHEREAS, COUNTY desires to contract for the performance of the work or services described in Exhibit"A"; and WHEREAS, CONTRACTOR desires to and is able to perform the work or services described in attached Exhibit"A" :and WHEREAS,it serves a legitimate public purpose for CONTRACTOR to perform the work or services described in attached Exhibit"A"for Monroe County; NOW, THEREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document,the Request forProposals("RFP")documents,exhibits, and any addenda only. 2. SCOPE OF WORK: The Scope of Work shall include, but not be limited to, all work and 7 or services shown and listed in Exhibit"A",which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor,supervision,materials,power,tools,equipment;supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. See Exhibit"A" 3. Personnel Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one (1) of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are 293 2 Monroe County Chiller Maintenance Agreement '_'trained in all appropriate safety regulations,including but not limited to,OSHA regulations and all other applicable local, State and Federal regulations. Uniforms are preferred for Contractor's personnel however; photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 4. Background Checks/Finger Printing Contractor employees must consent to Level One background checks and the results are to be provided to the County within thirty (30) days of award of the contract. The County reserves the right to refuse personnel based on results of the background check. The County reserves the right to demand of the Contractor replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check. The Contractor will be responsible for the supervision, hiring and firing of their own employees, and shall be solely responsible for the pay,worker's compensation insurance,and benefits. Some work will be conducted at secure facilities, including, but not limited to law enforcement and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check: D. Prior employment check;and E. Criminal History check are required of Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO") facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to,or remove from,any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter, MCSO and the Contractor will immediately discuss resolution of the problem. If.the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. Contractor will promptly replace the employee at no additional cost to County. Contractor further agrees to notify County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is 294 3 Monroe County Chiller Maintenance Agreement subsequently arrested or convicted of any crime. Failure by Contractor to notify County of such arrest or conviction within forty-eight (48) hours` of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by County. The parties further agree that failure by Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 5. Payments to Contractor A. County's performance and obligation to pay under this agreement, is contingent upon an annual appropriation by the Board of County Commissioners. County shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by County and upon submission of a proper invoice by Contractor. B. Contractor shall submit to County invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears for monthly maintenance. Contractor shall submit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion by the Contractor of the repair and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the repair. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. C. The County shall pay the actual cost of parts, materials, and refrigerants, excluding freight, equipment rental, tax amounts, and services supplied by others purchased from the manufacturer plus thirty-five percent(35 %)to fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, equipment rental amounts, and services supplied by others shall be reimbursed for amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the unit prices set forth in the Contractor's bid as follows: Labor—Normal working hours of 8:00 a.m. to 5:00 p.m.,Monday through Friday, excluding holidays: $ 80.00 per hour,mechanic $ 125.00 per hour, mechanic plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $ 100.00 per hour, mechanic $ 130.00 per hour, mechanic plus helper Parts Cost Plus: 295 4 Monroe County Chiller Maintenance Agreement r I Thirty-five percent (35 %)of mark up on manufacturer's invoice cost of parts and materials (excluding freight, equipment rental, tax amounts, and services supplied by others). Such costs must be documented for each repair and/or maintenance job and included with all Applications for Payment. Refrigerants evacuation and disposal shall be a part of the Contractor's rate, and shall not be billed as an additional item. Contractor shall provide all Refrigerants weight and compliance reports as per EPA refrigerant recycling regulations under Section 608 of the Clean Air Act and any amendments. Contractor shall submit itemized invoices in writing. There are no additional costs for travel, mileage, meals, or lodging. E. Total Compensation to CONTRACTOR under this Agreement shall not exceed Two Hundred Twenty Thousand and 00/100 ($220,000.00) Dollars annually, unless pre-approved i emergency work requiring additional funds is implemented. 6. TERM OF AGREEMENT This three (3) year Agreement shall commence on April 1,2019, and ends upon March 31,2022, unless terminated earlier under paragraph 19 of this Agreement. The County shall have the option to renew this Agreement for up to an additional two (2) one- year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30)days prior to the end of the initial term. Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial term of three (3) years. 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. 7. LICENSES; Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 8. ,MAINTENANCE OF RECORDS 296 5 Monroe County Chiller Maintenance Agreement Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four (4) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project,which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in Owner's reasonable judgment have any bearing on or pertain to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner. Owner may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. 9. PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119,Florida Statutes,and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract,and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. 297 6 Monroe County Chiller Maintenance Agreement Pursuant to Fla. Stat., Sec. 119.0701,and the terns and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody,release,alter,destroy or otherwise dispose of anv public records unless or otherwise provided in this nrovision or as otherwise provided by law.IF THE CONTRACTOR HAS OUESTIONS REGARDING THE APPLICATION OF CHAPTER 119,FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIANCa.MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH STREET,SUITE 408, KEY WEST,FL 33040. 10. HOLD HARMLESS,INDEMNIFICATION,DEFENSE,AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement; 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,(ii) 298 7 Monroe County Chiller Maintenance Agreement 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 Contractor or any of its employees, agents, contractors, or other invitees during the term of this Agreement, (B) the negligence, recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors, or other invitees, or (C) 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 Contractor). The monetary limitation of liability under this Agreement shall be not less than$1 million per occurrence pursuant to Section 725.06, Florida Statutes. 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. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor,the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of Contractor to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100.000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. If single limits are provided, the minimum acceptable limits are S200,000.00 per person, S300.000.00 per occurrence, and S200.000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. 299 8 Monroe County Chiller Maintenance Agreement COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than S500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the County at the time of execution of this Agreement and certified copies provided if requested.Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the County before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County, its officials, employees,agents,and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 11. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 12.INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 13. NONDISCRIMINATION Contractor agrees that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC § 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107), which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972(PL 92-255),as amended,relating to nondiscrimination on the basis of drug abuse;6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title 300 9 Monroe County Chiller Maintenance Agreement VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10)Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry,sexual orientation,gender identity or expression,familial status or age;and 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. 14.ASSIGNMENT/SUBCONTRACT Contractor shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County,which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 15. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by all laws of the Federal and State government, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes,ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 16.DISCLOSURE AND CONFLICT OF INTEREST Contractor represents that it,its directors,principals and employees,presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sec. 112.311, et. seq., Florida Statutes. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person,other than a bona fide employee working solely for it,to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company,corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 301 10 Monroe County Chiller Maintenance Agreement 17. NO PLEDGE OF CREDIT Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract,debt,obligation,judgment,lien,or any form of indebtedness. Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 18. NOTICE REQUIREMENT Any notice required or permitted under this Agreement shall be in writing and hand delivered or sent by United States Mail, postage prepaid, to the other party by certified mail, return receipt requested,or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice shall be sent to the following addresses: FOR COUNTY: FOR CONTRACTOR: Monroe County Air Mechanical &Service Corp. Facilities Maintenance Department 2700 Avenue of the Americas 3583 South Roosevelt Blvd. Englewood, Florida 34224 Key West, FL 33040 and County Attorney 1111 12`'Street, Suite 408 Key West, FL 33040 19. TAXES County is exempt from payment of Florida State Sales and Use taxes. Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is Contractor authorized to use the County's Tax Exemption Number in securing such materials. Contractor shall be responsible for any and all taxes,or payments of withholding,related to services rendered under this agreement. 20. TERMINATION A. The County may terminate this Agreement with or without cause prior to the commencement of work. B.The County and Contractor may terminate this Agreement for cause with seven(7)days' notice to Contractor. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. C. Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. D. Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida 302 I I Monroe County Chiller Maintenance Agreement Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of(1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a),Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. 21. GOVERNING LAW,VENUE,AND INTERPRETATION This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 22. MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 23. SEVERABILITY If any term, covenant, condition or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms,covenants,conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 24. ATTORNEY'S FEES AND COSTS County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court system, including in appellate proceedings. 25. ADJUDICATION OF DISPUTES OR DISAGREEMENTS County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of County and Contractor. If the issue or issues are still not resolved to the satisfaction of County and Contractor, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. 303 12 Monroe County Chiller Maintenance Agreement 26. COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings,and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 27. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of County and Contractor and their respective legal representatives, successors, and assigns. 28. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 29. CLAIMS FOR FEDERAL OR STATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 30. PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 31. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further,this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 32. NON-RELIANCE BY NON-PARTIES Non-Delegation of Constitutional or Statutory Duties. No person or entity shall be entitled to rely upon the terms, or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or-program contemplated hereunder, and the 304 13 Monroe County Chiller Maintenance Agreement County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 33. ATTESTATIONS Contractor agrees to execute such documents as the County may reasonably require to include a Public Entity Crime Statement,an Ethics Statement,and a Drug-Free Workplace Statement, 34. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 35. EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original,all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 36. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 37. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on Ieases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity,and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list." 38. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County. Therefore, this agreement is not to be construed against either party on the basis of authorship. 39. INCORPORATION OF RFP DOCUMENTS 305 14 Monroe County Chiller Maintenance Agreement The terms and conditions of the RFP documents are incorporated by reference in this contract agreement. 40. ANNUAL APPROPRIATION The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn,this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 41. ENTIRE AGREEMENT This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 42. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 306 13 Monroe County Chiller Maintenance Agreement IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its .duly authorized representative. s BOARD OF COUNTY COMMISSIONERS b ADOK, CLERK OF MONRO O FLORIDA ti COUMv By: Deputy Cleric Maquiv Date: a .� ZIi ?o t.9 Date: 0" 2-1i 20 Witnesses for CONTRACTOR: CONTRACTOR: AIR MECHANICAL& SERVICE CORP. 40 G Signature of person. authorized to Signat . Jan Donoho legally bind CONTRACTOR Date: ' March 1, 2019, March 1, 2019 Mark Castellano Vice President/Branch Manager Da Print Name Print Name and Title 2700. Avenue of the Americas Address: Englewood, Florida 3.4224 Signature Bonnie Brousseau (941) 475-371-5 Telephone Number March 1, 2019 Date Print Name (-3 C y. MONROE COUNTY ATTORNEY'S OFFICE A�OVED,AS TO R U- — it w PATRICIA EABLES . LU C:) ASSISTANT Cn N Arr12NEY DATE: k, •.os p An 307 16 Monroe County Chiller Maintenance Agreement EXHIBIT "A" SPECIFICATIONS: The Contractor shall respond within four (4) hours of notification of service, twenty-four (24) hours per day, seven (7) days per week. The Contractor shall provide a contact person to ensure twenty-four(24) hour service. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials(except freight,tax, services supplied by others,and equipment rental) plus agreed upon percentage (%) of mark up, used in repair of County owned and maintained HVAC Chiller systems.Manufacturer's invoice must accompany all requests for payment.All parts and materials shall be of equal or greater quality as compared to the existing parts and materials in use. On all orders that require shipping or transportation of parts or materials, whether the part is under warranty or not, freight invoices must accompany requests for payment. 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. Supervision and Inspection of Work Sufficient supervisory personnel shall be provided and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems that may arise will be taken care of promptly,the Contractor will maintain a twenty-four (24) hour telephone contact, seven (7) days per week, for the receipt of any complaints and/or addressing any issues. Random inspections shall be performed by County Representatives from the Facilities Maintenance Director administering the contracts. Deficiencies shall be corrected within a twenty- four(24) hour period of notification to the Contractor. Failure of the Contractor to correct such deficiencies shall result in a prorated deduction from the monthly invoice. SCOPE OF WORK: The Contractor shall furnish maintenance and repairs, including all necessary labor, equipment, permits, licenses, insurances, travel costs, and all other costs associated with same for the following: 308 17 Monroe County Chiller Maintenance Agreement CHILLER SYSTEMS AND LOCATIONS BUILDING LOCATION CHILLER TONS Key West Jackson Square 500 Whitehead 1 -Daiken 100 St,, Key West Key West Jackson Square 500 Whitehead 1 -York 100 St., Key West Harvey Government Center Avenue 1nue Truman, Key W Key West 1 -Daiken 100 Gato Building 1100 Simonton 1 -Daiken 100 Street, Key West Gato Building 1100 Simonton 1-Carrier 100 Street, Key West Monroe County Detention 5501 College Rd., Daiken 87 Facility-Headquarters Key West Monroe County Detention 5501 College Rd., 2-Daiken 300 Facility Key West Monroe County Detention 5501 College Rd., Facility-Department of 2-Carrier 80 Juvenile Justice Key West 3301Overseas Medical Examiners Office Highway, 1 -Daiken 60 Marathon Murray E. Nelson Government 102050 Overseas Center Highway, Key 1 -Carrier 96 Largo B. Repair and Maintenance for HVAC Chillers 1. Service Levels a) The service level that Monroe County will be seeking is level 1 service, which includes monthly, quarterly, and annual maintenance, as recommended by the manufacturer. b) The specific service steps are listed in the manufacturer's service guidelines for each make and model of chiller unit. 309 18 Monroe County Chiller Maintenance Agreement c)In addition,the Proposer will quote the cost,where appropriate,to return each chiller to full manufacturer's operating condition. This is defined as the ability to operate chillers and its performance parameters in order to achieve the highest efficiency of the unit and provide energy savings through its highest performance possible. 2. Bid prices shall include all scheduled inspections and maintenance needed to complete service. Should Monroe County require additional services or items provided by Contractor, but said services and/or items have not been specifically defined in the Bid Documents, then a proposal will be requested from the Contractor and, if the proposal for these services and/or items is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects,the contract parameters will be adhered to by the Contractor. 3. Corrective Maintenance - Necessary repairs for deficient or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor. Only original replacement components manufactured by the original equipment manufacturer or other compatible components are to be used. 4. The Contractor shall be available twenty-four(24) hours per day, three hundred sixty-five (365) days per year. The Contractor shall be at the site of any Chiller system malfunction within four (4) hours of verbal, written, or text notification by the County. The Contractor shall provide an after-hours contact person and phone number. The County, upon award of the contract, shall provide a contact person and phone number for building and equipment access. 5. The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all County Chillers so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the manufacturer's invoice cost of all parts and materials plus thirty-five percent (35°lo) (except freight, tax, services supplied by others,and equipment rental),used in the repair of all County maintained Chiller systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use.On all orders that require shipping or transportation of parts or materials, whether the part is under warranty or not, freight invoices must accompany requests for payment. 6. Annual Maintenance is defined as: a)Centrifugal Chillers (Carrier) i. Customer Notification of Unit Maintenance ii. Initial Site Inspection iii. Lock Out Tag Out Chiller iv. Electrical Inspection V. Meg Motor A Motor Terminals vi. Control Panel Calibration Check 310 19 Monroe County Chiller Maintenance Agreement vii. High Pressure Refrigeration Leak Check Inspection viii. Condenser Tube Brushing,Including Head Removal ix. Check Head Operation X. Oil Analysis Per Circuit Generic xi. Compressor Oil Level Check xii. Manual Log b)Air Cooled(Trane and Daiken) i. Customer Notification ii. Initial Site Inspection iii. Review Diagnostics iv. Lock Out Tag Out At Main Disconnect V. Electrical Inspection(RTA) vi. Compressor Starter Inspection vii. Flow/Differential Mechanical Switch Check viii. Remove Lock Out Tag Out At Main Disconnect ix. Condenser Fans Check RTA Per Circuit x. Condenser Coil Check xi. Oil Return Operation Check per Circuit xii. Oil Level Check(Screw Machines) Per Circuit xiii. Oil Analysis Per Circuit xiv. Low Temperature Sensor Calibration xv. Control Panel Calibration Check xvi. Leak Test Inspection(Positive Inspection) xvii. Coil Cleaning Solution(Applied) xviii. Start Unit xix. Compressor Check(HeliRotor Compressors) xx. Compressor and Oil Seperator Heater Check xxi. Techview/Kestrel View Connection Mi. Run Service Report From Kestrel View xxiii. Techview/Kestrel View Disconnection xxiv. Complete Required Paperwork 311 20 Monroe County Chiller Maintenance Agreement COOLING TOWER;MAINTENANCE �Se+rice' hl1 :Seriie�4�tfia! lngp6it Geneial Condition avid n: x Observe pi bft - Motor Cpq3finff,Gearbox and Fan X Makerip-Valve X Inspect and Clean: -Anspectclean Air`InletLauvie s,� X `X_ DriftlBiinazators X. X:' . Cold Water Basin and Outlet X X , Hot Water Bashi" x X.. Farm Motor Fxteseor X X: Chedo C61d WatierBasin Level X Check Gewbbi foci Od Leaks ` 'X Oil Level X LAoseiBohs crol Pliti X P16f--•' OilLioesorVents x: -Thoroughly Inspect Mechanical Couprmg Check Gearbox Og, X Clieckas:ii TrShten as Re4uired: Mechani®1 EcWeOwnent Bales x MatorAndiarBohs X. Tower Fraii►ewark Shutt"Bohr :X.. FawAssembly Bolts X' - -`a MetalSurMceandTouch X_ Hotee Gear tube shan,take place every 5 years using synd-dic gear' 312 21 Monroe County Chiller Maintenance Agreement CHILLER'MAINTENANCESCHEDULE Senri&- Month Ainuat Check " ons'of Pwm Unit.' X Check Purge Unit Controls x .Tiglttea Ni Bec3imi cor*zmdons x Check App=ch Tempeiannes, x Chadi And Clean System,AwWbry and Pump WaterStrainers X Check Unit StariPr.Operaiinir anti Coiitir a x Check Load Liritits ail .. x Check Settint aiid Opeiatiori of P.E.Swimbds x Check All Sides Glasses x : .Check o$Pris Regulator X Check Operators Los' X Grin' late Log on Unit For90 Min.Pe&d at 15 Ku Interval X Check Gau for CM*aCronor Replacemem X Check Flaw RStes Throtigh Evakritor and Condenser X Annual Major MaHntftmwe Change:Ctd acid Purgi Reftigiraryt Filters' x McC Compressor Motor -X.. Lubricate Vane Cdhtml Shaft.' 'X Set Pilot Posidoner It xI Set Vane Operabbc x Meg OH Pump Motor Test and CaffWkte All Sak and lnerkxkimgCoritmis. _X'. VdKate Test C iinpiesso.Motor XI- Bfi sh Condenser Tubes,Clean air cooled condenser mils X. Load Analysis,COculete vs!Dtftn EfFrdency X; SiMOW 08Fbr e -..,. . AniNsb X . Maintain Oil SilmratDr•Chinge OiivVTwo Ye its start 2018 X i, �to cen a screw mad4i 313 22 Monroe County Chiller Maintenance Agreement CHILLER_PLANT MAINTENANCE SCHEDULE Service` Mor, Annual Check all Condenses fan blades and motors: X Check oper.Um`RQ crankcase heaters X Check all fluid presukik aed levels X Check all.notarized valves X Check bearings in waft towers: X Check O» nis ii an fluid pumps; X Cheikatl pump eoupiirigs :X Check all VFD's X check ali vFD cooretg fans X sutwrilt a rat of repair/replacement advisories; SampleAlce es for=lycolpiesern:e brnk epair.rat bikcise as ass valves" X, Ex4dise'and lubricate aq plant hand valves k Clean and flush all makeiiP vraier valves X:` Ciea'ri arid-duck aq arii 'rack iafr irents X Biow.tiawii all air scao X Blow down all expansion tanks and set pressure as required. X, Clean and tube ail plant motorized valve actuators --X .Tr txii all biittaA valve finkagesry: X: Check all metal pprt:s for corrasron and zieat'as required X Check all insulation and repair as required X Purge grease 20 pii*beaiimb X Purge grease ap tower bearitras X Chi&a6d arMnApisme mu X Clean all VFO heat sins ks and check'a11 Plant VFD's o X 314 f 23 Monroe County Chiller Maintenance Agreement r }}l C. CHILLER REPAIR AND MAINTENANCE Inspection A visual inspection of every device in the "List of Equipment" will be performed to ensure that no facility changes have occurred which could affect equipment or system performance based on the original design. Maintenance The Contractor shall have access to a supply of all parts and controls normally necessary for the emergency repairs of all county maintained chiller systems so that such emergency repair will be completed within forty-eight (48) hours of notification by the Owner. The Owner shall reimburse the Contractor for the Manufacturer's invoice cost of all parts and materials (except freight, tax, services supplied by others and equipment rental, which are reimbursed as charged with no markup), used in the repair of all County maintained chiller systems. Manufacturer's invoice must accompany all requests for payment. All parts and materials shall be of equal or greater quality as compared to existing parts and materials in use. On all orders that require shipping or transportation of parts or materials whether the part is under warranty or not, freight invoices must accompany requests for payment. D:: MAJOR COMPONENT FAILURE OR SYSTEM BREAKDOWN In the event of a major component failure or system breakdown, the County, when deemed as an emergency situation, shall have the option to request from the Contractor only, a proposal/quote for replacement equipment in an amount that could exceed Four Thousand Nine Hundred Ninety-nine and 99/100 Dollars ($4,999.99). Any proposal over Five Thousand and 00/100 Dollars ($5,000.00), up to and including Ten Thousand and 00/100 Dollars ($10,000.00), must be approved and signed by the Department Director and/or the County Administrator. Any proposal over Ten Thousand and 00/100 Dollars ($10,000.00), up to and including Forty-nine Thousand Nine Hundred Ninety- nine and 99/100 Dollars ($49,999.99), must be approved and signed by the Department Director and the County Administrator. 315 .ACC? i® CERTIFICATE ®F LIABILITY iNS RANCE Da zne//22018 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(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED,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 bolder In lieu of such endorsement(s). WrilAulEryn Zak PRODUCER NAME: Lassiter-Wars Insurance of Tampa Bay PHON o , (BOO)845-8437 Na: (888)883-8680 1300 N.Westshore Blvd. ADDRESS. EryrrZ@lassHerware.cam Suite 110 INSURERIS)AFFORDING COVERAGE NAIC 0 Tampa FL 336D7 INSURERA: Amerisure Insurance Company 18488 INSURED IIVsuRERB: North River Insurance Company 21105 Air Mechanical&Service Corp. INSURER c Scottsdale insurance Company 41297 27DOAve of The Americas INSURER D: INSURER E: Englewood FL 34244 INSURERF: COVERAGES CERTIFICATE NUMBER: 19 20 Master 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. LTR TYPE OF INSURANCE I p POLICY POLICY POLICY NUMBER POLL MID EXP LIMITS COMMERCIALGENERALLIABILRY EACH OCCURRENCE S 1,000,000 300,000 CLAIMS-MADE a OCCUR PREMISES oecunence $ CONTRACTUAL LIABILITY MED EXP(Any one arson) $ 10,000 A X XCU INCLUDED N CPP20``9,,50420401 �01/01/2019 01/01/2020 PERSONAL BADVINJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PP 0 D• GEM NT- GENERALAGGREGATE $ 2,000,000 `ufj 2,000,000 PRO- PRODUCTS-COMPIOPAGG S POLICY JECT EJ LOC WAIVE NIA' YE EMPLOYEE BENEFITS $ 1.000,000 OTHER: AUTOMOBILE LIABILITY GEOM&�EeD�SINGLELIMIT g 1,000,000 ANYAUTO BODILY INJURY(Per Peman) $ A OWNED SCHEDULED N CA20950410402 01/01/2019 01/01/2020 BODILY INJURY(Par accidard) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per ent PIP-BASIC $ 10,000 X uMBREtLAL1AB I X OCCUR EACH OCCURRENCE S 5,000,000 B EXCESSLIAB CLAIMS-MADE 6811111027 01/01/2019 01/01/2020 AGGREGATE $ 10,000,000 DED I X RETENTION$ 0 S WORKERS COMPENSATION g7 TLITE 1H- AND EMPLOYERS'LIABILITY A YIN E.LEACHACCIDENT $ 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE A OFFICERJMEMSER EXCLUDEoa NIA WC21077280101 07/01/2019 01/01/2020 11000,000 Immwatery in NH) E.L DISEASE-EAEMPLOYEE $ Ifyes.descnbe under E.L.DISEASE.POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS belaw CLAIM LIMIT $2,000,000 CONTRACTOR'S POLLUTION VRS0003102 01/01/2019 01/01/2020 GENERAL AGGREGATE $2,D00,000 C CONTRACTOR'S PROFESSIONAL DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES IACORD 101,AddMional Remarks Schedule,may be attached If more space is raqulrad) Monroe County Board of County Commissioners Is named as Additlonal Insured with respect to General Liability,Automobile Liability and Umbrella Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE VALL.BE DELIVERED IN Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE Cato Bldg,Room 2 213 Key West FL 3304D 01998-2015 ACORD CORPORATION. Ali rights reserved. ACORD 25(201W03) The ACORD name and logo are registered marks of ACORD 316 71/25/2024 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: Sarah Arizmendl Baldwin Krystyn Sherman Partners LLC PHONE FAX 4211 W Boy Scout BlvdIA/C. A/c No Ext: 239 780-0187 A/C,No), Suite 800 ADDRESS: certificates@bks-partners.com Tampa FL 33607 INSURER(S)AFFORDING COVERAGE NAIC# License#:L002281 INSURER A: National Fire Insurance of Har 20478 INSURED AIRMECH-01 INSURER B:The Continental Insurance Comp 42625 Air Mechanical&Service Corp. 2700 Avenue of the Americas INSURER C:Zenith Insurance Company 13269 Englewood FL 34224 INSURER D: Great American Insurance Coma 16691 INSURERE: Everest Indemnity Insurance Co 10851 INSURER F: COVERAGES CERTIFICATE NUMBER:85412465 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 MM/DD/YYYY MM/DD/YYYY B X COMMERCIAL GENERAL LIABILITY Y Y 7036334667 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 CLAIMS-MADE OCCUR DAMAGES( RENTED PREMISES Ea occurrence) ccurrence) $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 L PRO ECT1:1 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y Y 7036363120 1/1/2024 1/1/2025 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 FIR ERTYDAMAGE $ AUTOS ONLY AUTOS ONLY Per accident B X UMBRELLALIAB X OCCUR 7036371301 1/1/2024 1/1/2025 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X RETENTION$In nnn $ C WORKERS COMPENSATION Y Z139757802 1/1/2024 1/1/2025 X STATUTE EERH AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? NI N/A (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below D Excess Liability-2nd Layer TUE 5547696 00 1/1/2024 1/1/2025 $4M Each Occur. $4M Aggregate B Leased/Rented Equipment* 7036363263 1/1/2024 1/1/2025 Limit/Max Per Item $350,000/$25,000 E Contractors Poll./Prof.Liability EF4CP00001-241 1/1/2024 1/1/2025 $1M Each Occur. $2M Aggregate DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) *Leased/Rented Equipment Deductible s$1,000. Monroe County BOCC is included as Additional Insured with respect to General Liability(Ongoing and Completed Operations)and Auto Liability if required by written contract and subject to terms,conditions and exclusions of the policies.A Waiver of Subrogation in favor of the Monroe County BOCC applies to General liability,Auto liability and Workers Compensation if required by written contract,and subject to terms,conditions,and exclusions of the policies. Umbrella Liability policy follows form over General Liability,Auto Liability,and Employers Liability/Workers Compensation subject to terms,conditions,and exclusions of the policies. 1r , T A w m"� BY CERTIFICATE HOLDER CANCELLATION 1 25 24 +I SHOULD ANY OF THE "�• THE EXPIRATION C ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County BOCC 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 317 .... ..... .,. 2700 Avenue of the Americas Englewood, Florida 34224 Phone 1- 75-3715 Fax 1- 75-3725 'January22, 202 Monroe County Government 110:0 Simonton Street y West, FL 33040 Attn: William DeSantis Subject; Harvey Bldg, Chiller Replacement Dear William, As you requested, we are pleased to quote you the net price not to exceed 32, 00.00 to perform the following scope of work. °I® Remove and disposef existing air cooled chiller® 2. Provideand install ( new al kin air cooled chiller including sea coast coating. 3. Reconnect-to existing electrical wiring. Modified as necessary t accommodate new chiller. 4. Reconnect to existing control wiring. 5. Reconnect to existingchilled water piping. Modifiedas necessaryto accommodate the new chiller. 6. Insulate, new piping as required. 7. Provide manufacturer's startup. 8. Provide crane service,, 9. Includes the 2nd to 5th year warranty on compressors and a complete year parts warranty.. 10.All work to be performed n a weekend to avoid any downtime. 11,All work to be a turn-key project. If further information is required, please contact me. 1n r 4 Blaine yarn Service Sales A 318