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07/20/2011 ContractDANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: July 25, 2011 TO: Dent Pierce, Director Public Works Division ATTN. Beth Leto, Assistant Director Public Works Division FROM. Pamela G. Hanc ck, . C. At the July 20, 2011, Board of County Commissioner's meeting, the Board granted approval and authorized execution of Item C25 Contract with All Power Generators, Corp. for emergency generator inspections and repairs. Enclosed is a duplicate original of the above - mentioned for your handling. Should you have any questions, please do not hesitate to contact this office. cc: County Attorney Finance File CONTRACT EMERGENCY GENERATOR INSPECTIONS AND REPAIRS UPPER, MIDDLE, AND LOWER KEYS FACILITIES FROM KEY WEST TO CARD SOUND MONROE COUNTY, FLORIDA THIS AGREEMENT, made and entered into this 2e day of July, 2011, A.D., by and between MONROE COUNTY, FLORIDA, (hereinafter, the "owner "), and All Power Generators, Corp. (hereinafter, the "Contractor"). That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: 1. DESCRIPTION This project requires the furnishing of all labor, materials, equipment, tools, load bank, transportation, services, and incidentals, and the performing of all work necessary in accordance with the specifications entitled: EMERGENCY GENERATOR INSPECTIONS AND REPAIRS UPPER, MIDDLE, AND LOWER KEYS FACILITIES FROM KEY WEST TO CARD SOUND MONROE COUNTY, FLORIDA A. Annual inspections of the approximately sixty (60) emergency generators including the engines, electronics, electrical load, and transfer equipment. The annual major inspection is required in preparation for hurricane season, which begins on June 1 ". The annual major inspection will include electrical load testing. Proposed inspection checklists must be included in Contractor's proposal. B. Routine repairs; the Owner is responsible for routine repairs and maintenance, but may approve the Contractor or others to perform these repairs on a case -by -case basis. The Contractor will submit inspection reports identifying needed repairs. The Owner may perform or assist with all routine and/or emergency repairs. C. Emergency repairs of all generators and transfer switch equipment. The Contractor shall be available 24 hours per day, 365 days per year. The Contractor shall be on site of any Emergency Generator malfunction within four (4) hours of verbal notification by the Owner. D. The Contractor's one technician shall report to the owners Emergency Operations center (EOC) within four (4) hours of verbal notification and remain on site available to owner immediately following an emergency, declared by owner. E. If the Contractor feels that a unit is not economically repairable, the Contractor may submit an estimate for replacement and/or repair to the Owner. The Owner may, at his discretion, have the Contractor repair the unit in keeping with the repair estimate or seek other outside proposals for replacement. 2/25/2011 F. The Contractor may be required to assist in the development of specifications for new or replacement generators and associated equipment. G. The Owner shall pay the Contractor for parts/equipment plus the percentage indicated in the parts markup of this bid form, excluding reasonably priced small items from contractor's inventory that do not exceed more than $25.00 of the cost billed to the County. Receipts, invoices, or other acceptable proof of contractor's original purchase must be attached to all work orders for parts exceeding $25.00. All parts shall be of equal or greater quality as compared to existing parts in use. The County shall have the option to purchase all special order parts above $500.00 directly from the manufacturer, jobber, dealer, etc. H. Attached is a list of the County's current and active generators, which is not part of the County's emergency Generator Inspections and Repairs contract. The County's generator inventory will always be subject to change due to surplus deletions, additions, transfers, movement, etc. I. The awarded Contractor will be required to provide a State of Florida licensed electrician as required for load testing, load banking and/or electrical repairs including, but not limited to transfer switch repairs, back up portable generator installation and diagnoses. Additionally, the awarded Contractor and electrician will be required to provide related documents and/or credentials before contract documents are executed. Proposal / Bid Form items number one (1.) and number two (2.); Labor for Repairs should be construed as labor for repairs, major PM, inspections, etc. (Flat rate labor charges will not be accepted.) 2. TERM OF CONTRACT A. This Contract shall be for a period of One (1) year commencing upon the day in which it has been approved by the Board of County Commissioners, as indicated at the top of page 1 of this Contract. B. The County shall have the option to renew this Agreement after the first year, for two (2) additional one (1) year periods. 3. HOLD HARMLESS 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) 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, subcontractors or other invitees during the term of this Agreement, (B) the negligence or willful misconduct of Contractor or any of its employees, agents, subcontractors 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). 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 2/25/2011 2 termination of this Contractor. The County shall not in any form, defend, indemnify, and/or hold Contractor harmless. 4. INSURANCE Prior to execution of this agreement, and maintained throughout the life of the contract, the Contractor shall furnish to the Owner Certificates of Insurance indicating the minimum coverage limitation as listed below: A. General Liability — include as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal Injury Liability • Expanded Definition of Property Damage The minimum limits acceptable shall be $300,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $100,000 per person; $300,000 per Occurrence; and $50,000 Property Damage. An Occurrence Form policy is preferred. If coverage is provided on a Claims Made Policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve months following the acceptance of work by the County. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. B. Vehicle Liability — include as a minimum: • Owned, Non - Owned, and Hired Vehicles The minimum limits acceptable shall be $100,000 Combined Single Limit If split limits are provided, the minimum limits acceptable shall be: $50,000 per Person, $100,000 per Occurrence; and $25,000 Property Damage. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED. C. Workers Compensation — limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee 2/25/2011 3 Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A -VI, as assigned by the AM- Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self - insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self - insurance fund, a Certificate of Insurance will be required. In addition, the contractor may be required to submit updated financial statements from the fund upon request from the County. 5. PAYMENT The Owner shall pay the Contractor in accordance with the following schedule: A. Labor for repairs — normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays $ 50.00 per hour mechanic/$ per hour helper. B. Labor for repairs — overtime rate for hours other than the normal working hours as stated in item (A) above, including holidays, $ 60.00 per hour mechanic /$ 25.00 per hour helper. C. Replacement parts — purchase price plus 20 %. Shipping charges will be reimbursed. D. Hourly rate for specification development and other professional services $ 60.00 per hour. E. Hourly rate for hours of 8:00 a.m. to 5:00 p.m. during assignment to the owners Emergency Operations Center (EOC) excluding actual electrical/generator maintenance and repairs $ 50.00 per hour. F. Hourly rate for hours other than the hours as stated in item (E) above, during assignment to the owners Emergency Operations Center (EOC) excluding actual electrical/generator maintenance and repairs $ 60.00 per hour. Note: There are no additional costs for shop supplies, travel, mileage, meals, or lodging. 6. INDEPENDENT CONTRACTOR(S) At all times for all purposes under this agreement the Contractor is an independent Contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the Contractor or any of his /her employees, Sub - contractor(s), servants, or agents to be employees of the Board of County Commissioners for Monroe County. 7. ASSURANCE AGAINST DISCRIMINATION Contractor shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 2/25/2011 4 ASSIGNMENT Contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County, which approval shall be subject to such conditions and provisions as the County may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provision of this ag r e ement. - or event be deemed to treement, Unless expressly provided for therein, such approval shall in no manner impose any obligation upon the County in addition to the total agreed-upon price of the services/goods of the Contractor, 9. COMPLIANCE WITH LAW In providing all services/goods pursuant to this agreement, the Contractor shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes ordinances, rules and regulation shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor, The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract 40. NOTICE REQ ilREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following- For CouLi�. Monroe County Facilities Maintenance )583 S. Roosevelt Blvd. Key West, FL 33 040 With a copy to: Suzanne A. 'Hutton Monroe County Attorney P.O, Box 1026 Key West, FL 33041-1026 For Vendor: ALL POWER GENERATORS CORP. Mfb FL. 33178 I I. FUNDING AVAILABILITY In the event that tends from Fleet Management Services operating Gasoline and Diesel Accounts are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of services/goods specified herein, this agreement may then be terminated immediately at the option of the county by written notice of termination delivered in person or by mail to the Conti The County shall only be obligated to pay for any goods delivered by the Contractor(s) until the Contractor(s) has received written notice of termination due to lack of funds. 12. PROFESSIONAL RESPONSIBILITY The Contractors warrants that It is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in the Notice of calling for Bids. The Contractor shall at all times exercise independent, professional judgment and shall assume professional 2/2512011 15 responsibility for the services to be provided. Continued funding by the County is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of Contractor. 13. PUBLIC ENTITY CRIME 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 proposal or bid on a contract to provide any goods or services to a public entity, may not submit a proposal or bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases or perform work as a contractor, 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Vendor list. Category Two: $25,000.00 14. TERMINATION If the Contractor fails to fulfill the terms of this Agreement, or attachments, properly or on time, or otherwise violates the provisions of this Agreement, the County may terminate this Agreement upon 7 days written notice to the Contractor. The County shall pay the Contractor the contract price for goods delivered but not paid for on the date of termination, less any amount of damages caused by the Contractor's breach, If those damages are more that the amount due the Contractor, then the Contractor shall remain liable to the County for the excess amount, 15. BC .OKS REC — Q&P,S , ND DO C AJINIF NI - T5 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 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, FS, running from the date the monies were paid to Contractor, 16. GOVERNING LAW, VENUE, INTERPRETATION Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts 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, 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. 17, 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 2/25/2011 16 •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. 18, ATTORNEVS FEES AND COSTS The 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 all award against the non-prevailing party,, and shall include attorney's fees, courts costs, investigative, and out-of- pocket expenses in appellate proceedings. 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. 19. BINDING EFFE!LE The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives., successors, and assigns. 20, AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duty authorized by all necessary County and corporate action, as required by law, 21, CLAIMS FOR FEDERAL OUTATE AID Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to ftirther the purpose of this Agreement provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 22, 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 the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the ISSUe or issues shall be discussed at a public meeting of the CD Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties-, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law, 2 3 COOPERATION In the event any administrative or legal proceeding is instituted against either patty relating to the formation, execution, performance. or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other patty, 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, 2125/2011 17 24, 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 V1 of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s, 794), which prohibits discrimination on the basis of handicaps, 4) The Age Discrimination Act of 1975, as amended (42 USC ss, 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, ss. 523 and 527 (42 USC ss, 690dd-3 and 290ee- )), as amended, relating to confidentiality of alcohol and drug abuse patient records, s) Title Vill of the Civil Rights Act of 1968 (42 USC s, 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 s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of this Agreement. 25, COVENANT OF NO_tN, County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement., and that only interest of each is to perform and receive benefits as recited in this Agreement. 26. CODE OF ETHICS 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 112,31 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, 27. NO SOLICITATION/PAYMENW . ... ....... The 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 Mthout liability and, at Its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration, 2/25/2011 1 8 28. PUBLIC ACCESS The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor, 19, NON-WAIVER OF IMMUNITIES Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the County and the 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 contract entered into by the County be required to contain any provision for waiver, 30. PRIVILEGES AND UMMUNITIES 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 Non-Delegation of Constitutional or Statutory Duties. 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, it) 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 IN NON-PARTIES 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 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. 31 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, 2125/2011 19 ,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 COUNTERPAR. L$ 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. 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. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK 2125120 11 IN WITNESS WHEREOF the parties hereto have executed this Agreement can the day and elate first written 9;m ounterparts, each of which shall, without proof ter accounting far the ether counterparts, be contract_ I OLHAGE. CLERK Deputy Clerk Date:_.__...._._ ? °�..? "� BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLOIDA B y a , irman (SEAL) Attest: B _��,,�,�. _._... WITNESS Title: Administrative By _ .__ WI Title: Administrative Assistant 2/25/201.1 CONTRACTOR. By r� Title: President _ � C CD r -? r o 2t NON-COLLAISION AFFIDAVIT 1, JUAN GARCIA of the Cit of MEDLEY, FLORIDA according to law on in,N oath. and under penalty of perjury. depose and say dial, I ain JUAN GARCIA of the Linn ol'ALL POWER GENERATORS CORP. the bidder making the Proposal for lite prqiect described in the Notice for Falling for bids for: MONROE COUNTY, FLORIDA and that I executed the said proposal with full authority I do so: 2. the prices in this bid have been arriN ed at independentli without collusion, consultation- cottiniurfication or agreement for the purpose of restricting competition, as to anN matter relating to such prices with any other bidder or "ith all competitor. 3. unless otherwise required by law. the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening. dirt ctIN or indirectly. to any other bidder or to anN contpetitor.and 4 no attempt has been rivide or will be tnade b the bidder to induce any other person, partnership or corporation to submit. or not to stibinit. a bid for the purpose of restricting conipetition; 5 the staternents contained in this affidavit are true and correct, and made vvith full knowledge that Monroe Count 'r y relies upon the truth of the statements contained in this affidavit in awarding contracts for said project, /President 06/1 e 5 (Signatur iddc ('Date) STATI OF: COUNTY OFA PERSONAI..LY APPEARED BEFORE -ME, the undersigned authority, 0.n 9, 0- C C- 6k ___._ after first . . ' . ........... -- . ........ ---- being sworn by tire, (name of individual signing') affixed his/her signature in the space provided above on this 1.1�C>. . ...... __ day of . . . . ......... 20 , NOTARY PU54' le AM FUENMS 'i . A my COMMISSION 11 DD 889451 My Commission Expires: EXPIRES: May 13,2013 Bon Thru Notary Public Urd-witers 2125.12011 1') SWORN ST ATEMENT UNDE t:�1E ANA NCE ?� O, 10 -1990 _N .. _ �- _. ____ �_ MC)NROE COUNTY, FLORIDA ETHICS CLAUSE ALL POWER GEN ERATORS CORP . warrants that hcht has not employed. retained or othenvise had act on his/its behalf any farmer County officer or employee in violation of Section 2 of Ordinance No. 141 -1990 or any County officer or emplovee in violation of Section 3 of Ordinance No. 111 -1990. For breach or violation of this provision the County may, in its discretion. terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or othenvise recover, the full amount of any fee, commission, percentage. gift, or consideration paid to the former County officer or employee. /President . _._._.._ .... ........ -- ...... .. ......_._. { I,nature) Date: 06/10/2011 STATE OF _ ........Tk ._ , r C OLNTY Ol .. � c-n ._._-. I-a.a f.._........ PERSONALLY APPEARED BEFORE ME, the undersigned authority, eOio, after first being sworn by rne, affixcd his /hcr signature (name of individual signing) in the space provided above on this t o da of 20 t NOTARY PUBLIC 141y eomn2issic�n expires: 05(13 (2013 = My COMMISSION NDD8MI EXPIRES: May 13, 2013 pf, Bonded Thru Notary Public Un&NwtWs OMB - MCP DORM 4.1 2/23/2011 2 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: ALL POWER GENERATORS CORP. (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution. dispensing, possession, or use of controlled substance is prohibited in the workplace and specifying the actions that �Ni.fl be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -her workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for chug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a cop) of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employc e will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state. for a etiolation occurring in the workplace no later than Fine (5) days alter such conviction. 5. Impose a sanction on, or require, the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community. or any employee who is sty convicted. 6. Malec a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorizes to sign the statement. l certify that this funs complies Fully with the above requirements. _......,.__� _ Jua Garc /P der's Si Lure 06 L>at4- OMB - MCP #.5 2/25/2011 24 INSURANCE AGENTS STATEMENT I have reviewed the requirements with the bidder named below, The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES Liability uoTici O ccurrence Claims Made raj U- C' � +I C- z ... .................. . re BIDDERS STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. /' (,Q L 2/25/2011 �; CREDENTIALS MONROE COUNTY FLEET GENERATOR BIDS I . Customer References: ('om_panv.: Name, , Phone _Number, and ,.Email Address Town of Davie 954- 327 -3742 neil_buckeridge @davie- fl.gov Burger King 305 - 378 -3000 MYadlovker @whopper.com Florida's Turnpike 954- 868 -7928 roany.williams @dot.state.fl.us City of Miami Beach 305 - 673 -7807 johngresham @miamibeachfl.gov Broward County 954 - 868 -0233 cmorejon @broward.org AT &T - cingular 305 - 333 -0000 gr7332 @att.com City of Sunrise 954 - 746 -3222 rsmith @cityofsunrise.org 2 Number of Ser4•ice ° "echnicians 12 3. Service Technicians' Home Base, City and State Name JUAN GARCIA Home Base: C itv MIAMI State FL L. Name CARLO GARCIA ............_ Nome Base_ City MIAMI State FL. Name RICARDO GARCIA I ome Base: City MIA __ —, State FL. Name JOSE ONOFRE TREJO Nome Base_ City M:CAMI FL. ­ 4. Attach copies of Applicable Degrees, Certifications, Licenses, Training, and Experience 2'25/201 1 ACYJR" CERTIFICATE OF LIABILITY INSURANCE DATE(MM /DD/YYYY) 16. 06/07/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY M Rid Insurance Group AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 9831 Northwest 58 Street. Suite 144 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Doral, Florida 33178 COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: (786) 464 -1651; Fax: (786) 464 -1653 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Allstate Insurance Company All Power Generators, Corp. 9841 NW 117th Way Medley, Florida 33178 Phone: (305) 888 -0059; Fax: (305) 888 -2090 INSURER B: INSURE C: INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR ADD'L INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE (MWDD/YY) LIMITS INSURER, ITS AGENTS OR REPRESENTATIVES. ❑ GENERAL LIABILITY ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS MADE ❑ OCCUR ❑ EACH OCCURENCE $ DAMAGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ ❑ POLICY ❑ PROJECT ❑ LOC $ A ® AUTOMOBILE LIABILITY ❑ ANY AUTO 48269411 07/29/2010 07/29/2011 COMBINED SINGLE LIMIT (Each Occurrence) $ ® ALL OWNED AUTOS ❑ SCHEDULED AUTOS BODILY INJURY (Per person) $1,000,000 ® HIRED AUTOS ® NON -OWNED AUTOS BODILY INJURY (Per accident) $1,000,000 ❑ ❑ PROPERTY DAMAGE (Per accident) $1,000,000 ❑ GARAGE LIABILITY ❑ ANY AUTO ❑ AUTO ONLY - EA ACCIDENT OTHE R THAN EA ACC AUTO ONLY: AGG $ $ ❑ EXCESS /UMBRELLA LIABILITY ❑ OCCUR ❑ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ ❑ DEDUCTIBLE ❑ RETENTION $ $ ❑ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ❑ WC TU- ❑ O ER TORY LI E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECU- TIVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ ❑ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Additional Insured: Monroe County Board of County Commissioners CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Monroe County Board of County Commissioners I 1 Simonton Street, Room 1 -213 EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO Key y Wets, FL 33040 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 Bid # PFM -166 -199- 2011- PUR/CV -0- 2011 /CV INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO ED REPRESENTATIVE ACORD 25 (2001108) © ACORD CORPORATION 1988 1 f 11, aC°R"" CERTIFICATE OF LIABILITY INSURANCE DATE /07/20 /Y 06 1 �„�,,..•° /07/20 l PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY Del Rosario Insurance AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 1255 West 46 "' Street, Suite 23 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Hialeah, Florida 33012 COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: (305) 558 -3377; Fax: (305) 558 -3614 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Atlantic Casualtv Insurance CmnDanY All Power Generators, Corp. INSURER B: 9841 NW 117 1h Way INSURER C: Medley, Florida 33178 INSURER D: Phone: (305) 888 -0059; Fax: (305) 888 -2090 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 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM/DD/YY POLICY EXPIRATION DATE MM/DD/YY LIMITS A ® GENERAL LIABILITY ® COMMERICAL GENERAL LIABILITY 0E] CLAIMS MADE ®OCCUR ❑ ❑ L]10003306 01/22/2011 01/22/2012 EACH OCCURENCE $1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence) $ 100,000 MED EXP (Any one person) $5,000 PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $1,000,000 ❑ POLICY ❑ PROJECT ❑ LOC $ AUTOMOBILE LIABILITY ❑ ANY AUTO COMBINED SINGLE LIMIT (Each Occurrence) $ ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS BODILY INJURY (Per person) $ ❑ HIRED AUTOS ❑ NON -OWNED AUTOS BODILY INJURY (Per accident) $ ❑❑ PROPERTY DAMAGE (Per accident) $ ❑ GARAGE LIABILITY ❑ ANY AUTO ❑ AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ El EXCESS /UMBRELLA LIABILITY ❑ OCCUR ❑ CLAIMS MADE ❑ DEDUCTIBLE ❑ RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ $ ❑ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ❑ TU- ❑ OT TORY LI ER E.L. EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECU- TIVE OFFICER /MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ ❑ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Service, repair, and install generators & electrical contractor. Additional insured: Monroe County Board of County Commissioners CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001108) © ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Monroe County Board of County Commissioners 1 Simonton Street, Room 1 -2 1 3 EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT Ke y Wets, FL 33040 FAILURE TO DO SO POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE Bid # PFM- 166 -199- 2011- PUR/CV -0 -201 I/CV INSURER, I GENTS OR PRESENTATIVE& AUTHO D R PRESENT IVE ACORD 25 (2001108) © ACORD CORPORATION 1988 A!eO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/07/2011 PRODUCER t THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY East:rn Insurance Group AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS 9570 SW 107 Avenue, Suite 104 CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE Miami, Florida 33176 COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: (305) 595 -3323; Fax: (305) 595 -7135 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Bridgefield Employers Insurance Company All Power Generators, Corp. 9841 NW I l7 Way Medley, Florida 33178 Phone: (305) 888 -0059; Fax: (305) 888 -2090 INSURE B: INSURER C: IN SURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L TYPE OF INSURANCE INSR POLICY NUMBER POLIC EFFEC T/YIVE DATE Y (MM/DDY) POLICY EXPIRATION DATE MM/DD/YY) LIMITS AUTHORI EP SENTATNE ❑ GENERAL LIABILITY EACH OCCURENCE $ ❑ COMMERICAL GENERAL LIABILITY ❑❑ CLAIMS MADE ❑ OCCUR ❑ PREM SES Ea $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ ❑ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ F POLICY ❑ PROJECT ❑ LOC $ ❑ AUTOMOBILE LIABILITY ❑ ANY AUTO COMBINED SINGLE LIMIT (Each Occurrence) $ ❑ ALL OWNED AUTOS ❑ SCHEDULED AUTOS BODILY INJURY (Per person) $ ❑ HIRED AUTOS ❑ NON -OWNED AUTOS BODILY INJURY (Per accident) $ ❑ ❑ AV PROPERTY DAMAGE (Per accident) $ ❑ GARAGE LIABILITY ❑ ANY AUTO ❑ u AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ El EXCESS /UMBRELLA LIABILITY ❑ OCCUR ❑ CLAIMS MADE EACH OCCURRENCE $ AGGREGATE $ $ ❑ DEDUCTIBLE ❑ RETENTION $ $ $ A WORKERS COMPENSATION AND El EMPLOYERS' LIABILITY $ 471480000 01/14 /11 01/14/12 ® WCSTATU- ❑OTH- TORY LIMITS ER E.L. EACH ACCIDENT $100,000 ANY PROPRIETOR/PARTNER/EXECU- TIVE OFFICER/MEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $100,000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $500,000 E] OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Service, repair, and install generators & electrical contractor. CERTIFICATE HOLDER CANCELLATION Monroe County Board of County Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE I Simonton Street, ROOM 1 -213 EXPIRATION DATE THEREOF, THE INSURER AFFORDING COVERAGE WILL ENDEAVOR TO Keey y Wets, FL 33040 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 Bid # PFM -166 -199- 2011- PUR/CV -0 -201 I /CV INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORI EP SENTATNE AGURD 25 (2001/08) "'o-4 © ACORD CORPORATION 1988