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3rd Renewal 05/17/2017KEVIN MADOK, CPA MONROE COUNTY CLERK OF THE CIRCUIT COURT & COMPTROLLER DATE: May 23, 2017 TO: Alice Steryou Contract Monitor FROM: Painela G. Hancoc( C. SUBJECT: May 17th BOCC Meetin Attached is a duplicate original of Item C16, third one year renewal and first amendment to the Agreement with All Power Generators for generator repair services through June 2018, for your handling. Should you have any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Finance File✓ THIRD RENEWAL AGREEMENT AND FIRST AMENDMENT TO THE AGREEMENT BETWEEN MONROE COUNTYAND ALL POWER GENERATORS THIS AGREEMENT is made and entered into this 17` day of May, 2017 between the COUNTY OF MONROE and ALL POWER GENERATORS, CORP., in order to renew the Agreement between the parties dated June 11 `h , 2014. WHEREAS, the agreement allows for Monroe County to renew this agreement for an additional one -year period; and WHEREAS, the Public Records language in the agreement needs to be updated in accordance with F.S.119.0107; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to renew and amend the Agreement as follows: 1. In accordance with Paragraph 2 (B) of the 2014 agreement, the County hereby exercises its option to renew the agreement for an additional one -year term beginning June 11 2017. 2. Paragraph 28 of the 2014 agreement shall be amended to include the following: 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. Pursuant to F. S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: 1 (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 any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE 2 CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY -BRIAN a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12 Street, SUITE 408, KEY WEST, FL 33040. 3. In all other respects, the agreement between the parties dated June 11' 2014 remains in full force and effect. IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, the day and year first written above. O c � a v r-- � n o r - a z pc ' � i :{ 4 _ `*1 r � C-j D N O Board of County Commissioners FJ10NFiCE G�)UNm HorTORNEY of Monroe County PIER -, s E r r+3RM: CHR STINE M. I_INIBERT -BARROWS �� ASSISTANT (', J l ATTORNEY QL. e. IYL.46C Date LI - I` Mayor /Chairman ALL POWER GENERATORS, Deputy Clerk WITNESSES: AcoRD' CERTIFICATE OF LIABILITY INSURANCE DATE(MM.00/YYYYI kie,....---' 02/13/2017 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS 1 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 sir ADDITIONAL INSURED.the policyiies)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 doss not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER Kw�Atf Nora Lafaune Insurance Plus,Inc. PHONE FAX AC."k_tcaU (305)387.0222 tax Nei (305) 387-0224 14335 SW 120 Street Sure 174 .AclasuI n surancepiusir:cagma4 ccm Miami FL 33186 INSURERIS)AFFORDING COVERAGE NAIC If Phone (305)387-0222 Fax 1305)387-0224 INSURER Endurance Insurance INSURED Ali Power Generators Corp INSURER a Progressive Express Insurance Co 9641 NW 117 Way INsuRERc Endurance Insurance Medley,FL 33176 •,Ie+SURER o Br dgefieId Employers Insurance 305-888.0059 INSURER E INSURER F, COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS Tu CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW NAVE 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 POU:IES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIOriS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR IAODLSUeR POLICY EFF POLICY EXP LTR' TYPE OF INSURANCE INSP. MD POLICY NUMBER IMM.•OoJYYYYl IMw o-r YYj LIMITS ❑x CO*.'LIERCIAL GENERAL LIABILITY GL-263706-00 02/2/2017 02/12/2018 EACH OCCURRENCE s 2 000 000 0 Cterew Ac Y E OCCUR Y PREMISES TO a or-RENTiD PREMISES Ea or-a",loco $ 100,000 0 MEU EXP IAirr one:e,tOr $ 5,000 A 0 PERSONAL 5 Ary N.-URY s 2.000,000 GENT A3GRE SATE LIMIT APPLIES PER GENERAL AGGREGATE s 2 000 000 D P{i:ICY o A a Lot: PRODUCTS•COMP OF AGG S 2,000,000 D OTHER S AUTO/A.191LE LIABILITY C Si dEINEDMSINC_E I INrr s 500,000 ei ANY Aj ' ., BCDLYIN,CPr;Fa ',taxi S 6 OVINE. r AJTOSULE 03370165.2 11/04/2016 11104/2017 Bo01LYIN.UHi*'F., a--.::end S AUTOS t.Nt` CHIRED '—.X1NOthOYMED PROP/RTYDAMiC- AUTOS ONLY AJTOS ONLY f r _. Per e^..udertr S E UMBRELLA LMB 1 OCCUR EACH OCCUPR-�.:- S Ci. EXCESSUAB CLACAS-W r GLU•263706 000 02/12/2017 02/12/2018 AGGREGATE s 2.000,000 C DED RETENTIONS WORKERS COMPENSATION $ AND EMPLOYERS UAWTY Y:Pi ' ''T+',1TE ri I'•T+H. 0 AhY OFFIDER.PAEMB PRIE APARTNERt:CxECUTnr ---!NIA 830 5141E 08/03/2016 08/03/2017 E.LEACIIACcarNT S 1,000,000 (Mandatory In NH; } DISEASE-En't.'r• Jr nee E.to,r r x1.1e, F t c LOtEE s 11QOO,000 DEST.RIP'I'N OF OPERATION:Dawes E L DISEASE•FOLK:'...NIT s 1 000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1Aneth ACORD 101 Additional Romanis Schedule II more apace is moulted) Generator Service.Repair and Insta lat.on of General,rs and Electrical Contractors w AN'S . TS CC.-c-i.le _ CERTIFICATE HOLDER CANCELLATION COUNTY OF MONROE 9vAR^OP C0f'1.1!S hntl R5 SHOULD ANY OF THE ABOVE DESCRIBED POLL IES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL 8 DELIVERED IN i I}JO l:SO',TVN STREE-' ACCORDANCE WITH THE POLICY PROVISIONS. KEf'.LEST FL3.304 I AVTHORMEO REPRESENTATIVE c- "Nt t);1988-2015 ACORD CORPORATION, All rights reserved. ACORD 25(2016101)OF The ACORD name and logo are registered marks of ACORD AC D CERTIFICATE OF LIABILITY INSURANCE °A+EtMAUDOhYYY; 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 i BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER IMPORTANT: If the certiFcate holder is an A001.TONAL INSURED,the poffeyiias) must be endorsed. If SUBROGATION IS WAIVED. subject to the terms end conditions of the policy,certain policies may require an endorsement A statement on bus certificate doe rot confer rights to the certificate harder in lieu of such endorsarneni(s). a_ _ ____ _ __ - ,PFiD:JUR h {A r Ananria Nc,yr:es Easttarr; Insuranc: Gro'tp. Inc . PHONE. (3CS)595-3323 V. ��; -al 957u SW IC? Ave..eo 'Lain.. E siderninsur:,nce nvt AnraE Suite 104 PiStiRER;5 AFFORD N3':OV=R.4C&E v tuC tLsui FL 31176 :Nsuira* Brid.oEleid 7rml lc_<,vs Insu_anc 1C701 All Fewer Goneratois Corp issuaEAc 9841 NW 117 Way s;NSURERG tNSU3EP E • t':adlay `L.. 33172-TM I INSURER F COVERAGES CERTIFICATE NUMBER-il star 16-17 REVIStON NUMBER: t', T CERTIFY r THHA T THE Pal .ES OF IN-.UkAn1.,E Lf31E0 B'_LG HAVE BEEN I-.51lE0 TO THE INSURED N'•ME()AbOvF FOR tr,t poi I Y PER�C+ - u , -A ; NNOW,11HSTA`afilNt3 ANY RF0u1REM1,$ENT T=kht OP ,-ND DON •:F ANY CONTRA'.T OR OTHER DO"`IitENT '..UTtl RESPECT TO Y:isICH THIS �R'—.1..=TE IVA.Y BE ISS`Et_' Ui+ MA'r PERTAIN 1HE IPtSUR?N E AFFORDED BY THE P.:LICIE'' DESCRIBED HTr!EII•: IS SUBJECT TO AU. F TERM *} 1 ._,..NS AND tft?'TIONS OF Su—H p-_' 1"'E" LINTS SHO','.N MAY HAVE BEEN REOJCED BY PAID CLAIMS t-;q TYPE IN5URANt:E POLICY EFF POLICY EMI.iNSG_Yrio PWiti;Y FanaakR- t611r.'DCtYYYY1 1M11I,OONYYIi UNITS 'iiMYEPC'Al.GENERAL t 1ARt13Y EA---I VY y1!Rc='«:° t C:A!#+.. . ._ C..'L-t ET, -,r A. s- . . 5 PC, "a.at E AJ..•:; -, S 11. •:»iF_"i;t :1.,!,A .''srF? ,_ ,-aaL AC,',,--,Ar ,.1C, 'T Pa J(:iS-T l.. PA . „.R S AUIOU RILE LIAB;JTr '_' t..A 7t?C,'�1.`nrr7 F lil.l; S S L'2 . , :v;. deaf- ti(,1 1_YQLV<Y„73:. j, $ {t' ; eyt;C,v.t,EC PRut`eAi r O.a' S _—_. r_.__._ _.._._. .._ __.._ . MSRELtA Ltt. r, ,•:".R EA:7-It:1C1;,.41REr+:E S ExCES'LIAR :.. ,-:,L A•',r,REGA'E S , , Re IEENll1,1 5 WORKERS COr27fN5ATION « MO EMPLOYERS L1AB.LiT�' X �r� - F Y;t, ft, ,.,:,:na c•CAPARt:,e2caE - E l E+:', .--N:rt, S + r,JJ 00Lf fr1.R'? C"1.�r! t!t A A (Ma der,rx In NH; =) 5141 S 5!1 :!::5 A:-' t 1' E L C:SEA C= F++-^,J rC S 1 C•- 1} 600 nIs •s-rce.,^Se� Cc --:.TT•.•'lCFO ETA C'.S::c+. LL t5I A _ PLA.L.'La,n1 I 1.C30,COT. OESCR1Pti,^,II Of OPEAAT.O45 1 L 6CA TTCNS VEHICLES (ACOR3 101 Addit,p'+a1 Re,ra,ks Sairclule,r.av 6e altacMtd-Irrare apace.s ILpu,.ed) !Generator service and repair {y n A..OPRCP L)6'- L wa,`vt 1 Y.T`— U (1 `��`�� __ 1-e ——_ _.__----------. --.- _ ref- CERTIFICATE HOLDER CANCELLATION r�— __ ._.r—_..__« _ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County GL MOrsroc THE EXPIRATION DATE THEREOF, NOI!l;E WILL BE DEt tveRED IN Board of Coauai sicners ACCORDANCE WITH THE POLICY PROVISIONS 1100 Simonton Street I Kay West, FL 33040 1A:JTNORtZEUREPRESENtA?IVE_ ( 19E8-2014 ACORO CORPORATION All rights reserved. ACORD 25 t20141O1t The ACORD name ani Ingo are registered marks of ACORD t"tSRZ 1-,